It is hereby declared to be the intent of this Zoning Code to establish industrial performance standards within the industrial zones of the City of Geneva. Further, these standards are to promote the public health, safety, convenience and general welfare and to protect and preserve the amenities and property values by minimizing environmental impacts for residential, commercial and industrial residents of the City of Geneva.

(Ord. 2337. Passed 10-20-92.)

   (a)   Every establishment desiring to locate and/or obtain an occupancy permit in the Industrial and/or Planned Unit Development-Industrial District shall submit evidence to the satisfaction of the Administrator that its activities comply with the criteria established in the Schedule of District Regulations, as set forth in Section 1268.05, and, further, that the environmental impacts resulting from such activities shall not violate the following performance standards:

      (1)   Air pollution. Establishments emitting air pollutants affecting ambient air quality shall conform to all Ohio Environmental Protection Agency (OEPA) regulations and show evidence of a current air permit.

      (2)   Water pollution. Establishments emitting solids, liquids and/or other matter into or onto bodies of water or the ground shall comply with the regulations of the OEPA, the Ashtabula County Health Department and the City of Geneva.

      (3)   Vibration. No vibration shall be permitted which is discernible without instruments at the property line boundary of the establishments creating such vibration or beyond any boundary of the district in which the establishment is located.

      (4)   Smoke, fly ash, dust and dirt. No establishment shall exhaust or discharge into the air any quantity of fly ash, smoke, dust, dirt or similar form of particulate matter, except as permitted by the Air Pollution Standards of the OEPA.

      (5)   Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable beyond the property line of any establishment creating such odorous emission.

      (6)   Glare and exterior lighting. No direct glare from floodlights, from high- temperature processes, such as combustion or welding, or from any other source, shall be visible from the property line of any establishment.

      (7)   Solid and liquid wastes. No discharge of liquid and/or solid waste into any public water or sewerage system, lake, stream, ditch or other body of water, wetlands, floodway, swale, dry retention pond, or other intermittent facility for water storage or management, or onto or into the ground, shall be permitted, except as approved by the City of Geneva, the Ashtabula County Health Department, the OEPA, the Ohio Department of Natural Resources and/or the U.S. Corps of Engineers.

      (8)   Heat. No establishment shall produce heated or cooled air, water or other matter in such quantity or in such manner as to adversely alter the natural temperature of the air, water or other matter beyond the property line of the establishment.

      (9)   Radioactivity. No establishment shall produce, store, transfer or use radioactive materials in any manner hazardous to human health and/or property.

      (10)   Electric or electronic disturbance. No establishment shall produce electrical or electronic disturbances perceptible beyond the property line of the establishment.

      (11)   Fire and explosion hazards. Materials and processes having the potential for fire explosion hazards shall not be permitted in close proximity to residential areas where they constitute undue safety hazards. When permitted, such uses shall be controlled by the requirements of this Zoning Code, the Fire Prevention Code and such other regulations as the City of Geneva shall adopt.

      (12)   Noise. Noise which is determined to be objectionable at the property line of the establishment creating such noise, due to volume, frequency or beat, shall be prohibited.

      (13)   Noxious gases or fumes. No establishment shall emit noxious gases or fumes, except as permitted by the regulations of the OEPA and the Ashtabula County Health Department.

      (14)   Miscellaneous hazards. Miscellaneous hazards not specifically addressed by the performance standards established herein shall be made known to the Administrator by any establishment proposing to locate in an Industrial District. Regulation of such hazards shall be determined by the Planning Commission.

      (15)   Enclosure and screening of stored materials. Open storage of materials in any required front setback or side setback adjacent to a street shall be prohibited. Any other outside storage shall be located or screened so as not to be visible from any Residential District.

      (16)   Open testing procedures. Open testing procedures of materials shall be permitted in conformance with all performance standards established herein.

   (b)   Where questions exist regarding compliance with these standards by a proposed industry, the Administrator may request a determination by the Planning Commission whose decision shall be final.

   (c)   The following special provisions shall apply to all Industrial Districts:

      (1)   There shall be no outside storage.

      (2)   No truck docks shall be located on the front of buildings.

      (3)   Prior to applying for zoning permits, uses proposing to locate in the Industrial District zones shall submit detailed landscape and architectural plans to the Planning Commission for its approval. Such plans must be in harmony with the standards established for the P.I.D. zones by the Planning Commission.

      (4)   Front elevations of the building shall be "architecturally treated" with stone, brick, precast concrete, stucco (drivit) or wood, as approved by the Planning Commission. The buildings on a corner lot shall have both exposed sides so treated.

(Ord. 2337. Passed 10-20-92; Ord. 3227. Passed 4-23-18.)

   Where a commercial or industrial use is proposed adjacent to residentially zoned land, screening shall be required to minimize the impact of such a use on the residential area. Said screening may be by use of plantings, landscaped earthen mounds, solid fencing, walls or similar means. The specific nature and dimensions of said screening shall be approved on the final site plan. Provisions shall be made for the maintenance of said screening and such provisions shall be approved by the Administrator.

(Ord. 2337. Passed 10-20-92.)

   Retail sales may be permitted in industrial zones with the approval of the Planning Commission, provided that such use is an integral part of and accessory to the main use. Prior to the approval of any such use by the Planning Commission, it shall be the responsibility of the applicant to provide, by clear and convincing evidence, that the proposed retail or commercial use meets the requirements of this section. Under no circumstances shall the gross receipts generated by said retail sales exceed twenty-five percent of the gross receipts generated by the facility in question, nor shall the floor area attributable to said retail sales exceed forty percent of the total floor area of the facility.

   In approving retail sales which it finds to be an integral part of and accessory to a main use, the Commission may attach such conditions as it may deem reasonable and necessary to carry out the intent of this section and to preserve the purpose of this Zoning Code.

(Ord. 2337. Passed 10-20-92.)

   Within the front building setback and side building setbacks adjacent to public rights-of-way, there shall be no storage or display of any materials, equipment, inventory, merchandise or wares, with the exception of area or City-wide "sidewalk sales" or similar types of activities.

(Ord. 2337. Passed 10-20-92.)

   The business of selling used or previously owned vehicles shall be permitted only in conjunction with dealerships for the sale of new vehicles and must be located on the same site as the new vehicle dealerships.

(Ord. 2337. Passed 10-20-92.)

   (a)   Purposes. The purposes of this section are to promote the general community health, safety, convenience and welfare by maintaining a high quality of community development; to protect and preserve the value, use and appearance of property; to promote the stability of property values; and to protect real estate from impairment or destruction of value. These purposes will be served by the regulation of exterior design, use of materials, dimensions, landscaping and orientation of all buildings, other structures and other physical elements hereinafter altered, constructed, reconstructed, erected, enlarged or remodeled in the hereinafter defined Downtown Design District.

   These regulations are established to achieve, among others, the following objectives:

      (1)   To foster community identification and civic pride by maintaining a high quality of design and amenity in the Downtown Design District, which is the traditional focus of community, commercial and governmental activity in the City of Geneva.

      (2)   To stimulate and protect economic activity in the commercial center and, indirectly, throughout the community, by ensuring the continued economic competitiveness and attractiveness of the City's commercial core.

      (3)   To protect, preserve, enhance and take best advantage of the historic character afforded the commercial core and the community at large by virtue of the significant number of older historic structures and features in the District.

   (b)   Definitions. As used in this section:

      (1)   "Board " means the Architectural Review Board.

      (2)   "Certificate of appropriateness" means the official document issued by the Architectural Review Board approving and/or concurring in any application for a permit for the construction, erection, alteration, removal, moving or demolition of any building, other structure or other physical element in the Downtown Design District and declaring the Board's determination that such project complies with the provisions of this Code.

      (3)   "Downtown Design District" means the area described as the Geneva Downtown Design District, the boundaries of which are described in this Zoning Code.

      (4)   "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials and all windows, doors, lights, signs and other fixtures appurtenant thereto.

   (c)   Establishment. There is hereby established a Downtown Design District as a special district under the provisions of Section 1268.01.

   The Downtown Design District shall include all lots and buildings, including public properties and rights of way, included with the following areas: That area so designated on the revised Zoning Map of the City of Geneva and as set forth in the Comprehensive Plan of the City of Geneva.

   (d)   Duties and Powers of the Architectural Review Board. The Architectural Review Board shall have the following duties and powers with respect to the Downtown Design District:

      (1)   To recommend to Council the geographic boundaries of additions to or changes in the District.

      (2)   To issue certificates of appropriateness, or to deny the issuance of such certificates, prior to the issuance of any building permits or other permits pertaining to the construction, erection, alteration, removal, moving or demolition of a structure or of any exterior architectural feature on any structure in the District.

      (3)   To advise the City Council, the Planning Commission, the City Manager, the Zoning Administrator, the Board of Zoning Appeals, other public agencies and property owners in matters involving structures in the District and, further, to assemble and make available information pertaining to funds available for improvements in the District.

      (4)   To propose to the City Council and the Planning Commission the construction or removal of structures and other improvements in the District.

      (5)   To enact its own rules of procedure, provided that such rules shall not conflict with any of the provisions of this Zoning Code.

      (6)   To adopt design standards for the District in addition to and in support of the standards detailed in this Zoning Code.

      (7)   To assist and advise the City Council and the Planning Commission on the design, amenities, quality, relationships to physical features and other aspects of building and site development plans which relate to the exterior appearance of any project proposed within the District.

      (8)   To assist and advise the City Council and the Planning Commission with regard to the design, type, location and number of amenities to be constructed in the public right-of-way and on other public properties within the District, including, but not limited to, such amenities as benches, kiosks, landscape plantings, specialized pavement materials, waste receptacles, street lighting and signage.

   (e)   Certificates of Appropriateness.

      (1)   No person shall undertake the construction, erection, alteration, removal, moving or demolition of any structure or building in the Downtown Design District where such action will affect the exterior architectural features of such structure of building, unless and until a certificate of appropriateness has been issued by the Architectural Review Board.

      (2)   Owners of property within the District may request informal reviews of projects prior to submitting applications for building permits or for certificates of appropriateness. The purpose of such informal reviews shall be to enable the owner and/or his or her architect to discuss with the Board District standards as they apply to the project under consideration, to promote coordination with other projects under consideration, to encourage a design process which will result in a design product meeting District standards and to pursue other objectives in keeping with the intent of this Zoning Code. The results of such informal reviews shall not be binding upon the Board or property owner.

      Owners of property may request such informal reviews by submitting a letter of request to the Zoning Administrator. The review will be scheduled at the next Board meeting.

      (3)   Any person intending to undertake the construction, erection, alteration, removal, moving or demolition of any building, structure or other physical element in the Downtown Design District shall prepare and submit to the Zoning Inspector an application for a certificate of appropriateness upon forms provided by the Zoning Inspector.

      The applicant shall also provide such other information, in the form of reports, drawings and/or samples of materials, as the Zoning Inspector may request and as are necessary to enable the Board to make a determination with regard to compliance with the requirements of this Zoning Code. At a minimum, the information submitted should clearly represent the intended design of the building, structure or feature as it is intended to be built and accurately describe dimensions, locations, colors, materials and other characteristics of the design. Representation should also be made of any existing exterior architectural feature proposed to be altered or removed.

      (4)   The Zoning Inspector shall submit such application, together with the related plans and specifications, within five days of receipt thereof, to the Board, for consideration at its next regular meeting.

   (f)   Review of Applications for Certificates of Appropriateness.

      (1)   At the first regular or special meeting of the Board, after receipt by the Board of the application for a certificate of appropriateness and related informational materials for the proposed construction, erection, alteration, removal, moving or demolition, the Board shall review the application.

      With respect to any demolition, the Board shall determine whether or not preservation is economically feasible for the applicant and shall approve the project if denial would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved.

      (2)   In determining whether or not a project will be approved, the Board shall consider whether the proposed change will affect adversely or destroy any significant feature of the structure, whether it is appropriate or inconsistent with the spirit and purpose of this section and whether it will affect adversely or destroy the general significance or economic viability or value of the District. The Board shall also examine the proposal with respect to the standards detailed in this Zoning Code.

      (3)   If the Board determines that the applicant has not provided sufficient information with the application to enable the Board to make a determination regarding the compliance of the proposed project with the conditions of this Zoning Code, then the Board shall so advise the applicant and shall withhold decision on the application for a period not to exceed thirty days. The Board shall advise the applicant of the information needed to make a determination.

      (4)   If the Board recommends that the certificates shall be issued, the Board shall submit its recommendation, in a written report, to the Zoning Inspector, who shall then issue the certificate of appropriateness. The written report shall include the location of the proposed work, the exterior changes contemplated and the findings of the Board and/or the recommendations of the Board as to the granting of a certificate.

      (5)   If the Board recommends that the permit not be issued, it shall advise the applicant of any changes which would secure the approval of the Board and shall withhold denial of a permit for a period not to exceed twenty days in order that the applicant may submit to the office of the Zoning Inspector an amended application and supporting materials.

   (g)   Conflicts of Interest. No person appointed to the Architectural Review Board shall participate in the review of, and/or give advice upon, any work in which he or she or his or her partner, professional associate or associates or family member has any direct or indirect interest.

   (h)   Appeals. Denial by the Board may be appealed to the City Council by the applicant. Such appeals shall be submitted to the Clerk of Council within ten days after the date the Board issues a decision.

   The appeal shall be submitted in the form of a letter describing the reasons for the appeal, including an explanation of those elements of the Board's decision or review process which were in conflict with this Zoning Code.

   In acting on the appeal, City Council shall consider the provisions of this Zoning Code, the application and accompanying information presented to the Board, the record of the Board's actions and the arguments presented by the applicant in the letter of appeal.

   In order to overturn a decision of the Board, City Council must, by a simple majority vote, determine that the actions of the Board were in conflict with the provisions of this Zoning Code. City Council shall issue such opinion in writing, shall include an explanation of those actions of the Board which were in conflict with this Zoning Code and shall direct the Zoning Inspector to issue the certificate. The Clerk of Council shall send a copy of Council's written determination to the Board.

   (i)   Design Standards. The Architectural Board of Review, in deciding whether to issue or deny a certificate of appropriateness, shall evaluate each proposed project to determine whether such project promotes the purposes and intent of this Zoning Code and complies with the specific provisions of this Zoning Code. In conducting its review, the Board shall make examination of and give consideration to all of the elements of the proposed project and shall conduct such review utilizing, at a minimum, the following guidelines and standards:

      (1)   The Architectural Board of Review shall evaluate each project involving an existing building or structure with respect to compliance with the Standards for Rehabilitation established by the Secretary of the Interior:

         A.   Compatible re-use. Every reasonable effort shall be made to provide either a compatible use for a property consistent with the City of Geneva Comprehensive Plan, which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

         B.   Preservation of features. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible.

         C.   Respect for period features. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

         D.   Respect for changes over time. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

         E.   Sensitivity for distinctive features. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building or site shall be treated with sensitivity.

         F.   Repair of deteriorated architectural features. Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

         G.   Proper cleaning methods. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

         H.   Protection of archaeological resources. Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.

         I.   Compatible contemporary additions. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials, and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

         J.   New additions. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

      (2)   The Architectural Board of Review shall evaluate each project with respect to compliance with the general recommendations for the District and specific recommendations for each existing structure contained in the report titled "Geneva: Revitalization Through Preservation," prepared for the City by Kent State University, School of Architecture and Environmental Design, dated 1983. The contents of said report are appended to original Ordinance 2337, passed October 20, 1992, and are hereby adopted and incorporated in this Zoning Code by reference.

      (3)   The Architectural Board of Review shall evaluate, at a minimum, the following elements of each proposed project involving new or existing structures or spaces. Each element, whether on an existing or proposed building or structure, shall be considered with regard to:

         A.   Compatibility with the original design of an existing structure itself.

         B.   Internal consistency of the overall design.

         C.   Compatibility and appropriateness of the design with relationship to adjacent and nearby properties.

         D.   Compatibility and appropriateness in relation to the pedestrian and vehicular environments.

         E.   Compatibility and appropriateness as an element of the District itself.

      (4)   With regard to the review of the designs of new structures, it is not required that any particular architectural style or historic period be reflected in the design (except as required in paragraph (i)(3)A. hereof), but that each design be complementary and compatible in its elements with the design of its surroundings.

      At a minimum, the following elements of a project design shall be considered:

         A.   Height. The height of a building or structure above the street grade.

         B.   Window treatment. The size, shape, color and materials of the individual window units and the overall harmonious relationship of window openings.

         C.   Exterior detail and relationships. All projecting and receding elements of the exterior, including, but not limited to, porches and overhangs, and the horizontal or vertical expression which is conveyed by these elements and the patterns of color and textures of surface materials.

         D.   Roof shape. The type, form and materials of the roof and elements thereon.

         E.   Materials. The content, texture and color of materials.

         F.   Landscape design and plant materials. The use of grass, flowers, shrubs, trees, planting containers, mulches, rocks, fencing, walls, other screening and various landscape decorative treatments.

         G.   Pedestrian environment. The provision of features which enhance pedestrian movement and convenience and which relate to the pedestrian's visual perspective, including such elements as walkway paving materials, signage, benches, waste containers, kiosks, bus shelters and bicycle racks.

         H.   Signage. The size, shape, color, materials, message and other characteristics of all proposed signage, including signs intended for advertising and directional purposes.

         I.   Lighting. The lighting, in terms of the appropriateness of night-time illumination of the grounds, drives, walks, parking areas, buildings and signage, and its visual and functional effect upon the surrounding areas.

         J.   Mechanical equipment and utility installations. Heating and ventilating equipment, elevators, electric and gas meters, overhead wiring and other appliances which shall be evaluated for their effects upon rooftop appearance, the design of front, rear and sidewall openings, sound levels, smoke and other nuisance aspects.

         K.   Approaches, drives and parking areas. Approaches, drives and parking areas, which shall be considered in terms of paving material, necessary extent of paved area, location, convenience and their relationship to adjacent buildings and properties.

   (j)   Emergency Remedies and Routine Maintenance Exceptions. Nothing in this section shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the City upon certification of an unsafe condition constituting an emergency. Similarly, nothing in this section shall be construed to govern or restrict routing maintenance activities which do not represent alterations in exterior appearance.

(Ord. 2337. Passed 10-20-92.)

   (EDITOR’S NOTE: Section 1272.08 was repealed by Ordinance No. 3227, passed April 23, 2018. For sign regulations, see Chapter 1293.)

   (a)   No commercial vehicle having a net total weight of 6,000 pounds or more may be parked in the CBD Central Business District for other than loading and unloading cargo or in a designated parking area.

   (b)   Commercial vehicles may park in a designated parking location after acquiring a permit and paying a permit fee of one hundred dollars ($100.00) for a one-year period.

(Ord. 2652. Passed 9-27-99.)