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Gibsonburg City Zoning Code

TITLE ONE

Zoning Ordinance

1101.01 PREAMBLE.

   An ordinance of the Village of Gibsonburg, Ohio, enacted in accordance with the provisions of Chapters 713.06 through 713.09 of the Ohio Revised Code, dividing the Village into zones and districts, regulating, and restricting therein the location, construction, reconstruction, alteration, and use of structures and land; promoting the orderly development of residential, commercial, industrial, recreational, and public areas; providing for adequate light, air and convenience of access to property by regulating the use of land and buildings and the bulk of structures in relationship to surrounding properties; limiting congestion in the public right-of-ways; providing the compatibility of different land uses and the most appropriate use of land, providing for the administration of this Ordinance, defining the powers and duties of the administrative officers of the Village as provided hereafter, and prescribing penalties for the violation of the provisions in this Ordinance or any amendment thereto, and for the repeal thereof of all Zoning Ordinances of the Village of Gibsonburg passed prior to the effective date of this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1101.02 PURPOSE.

   The purpose of this Zoning Ordinance and the intent of Council in its adoption is to promote and protect the public health, safety, convenience, and the general welfare of the Village of Gibsonburg, Ohio; by regulating the use of buildings, other structures, and land for residences, business, services, industry, or other purposes; by regulating and restricting the bulk, height, design, percent of lot coverage and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the corporate limits of the Village into districts of such number and dimension in accordance with the objectives of the Zoning Ordinance; and to provide procedures for the administration and amendment of the Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1101.03 INTENT.

   This Zoning Ordinance is intended to achieve, the following objectives:
   (a)   To protect character and values of residential, institutional, and public uses, business, commercial and industrial uses; and to insure their beneficial development;
   (b)   To prevent excessive concentration of population; and to prevent uncoordinated development;
   (c)   To regulate and control the location of buildings on a lot and in relation to the surrounding property;
   (d)   To regulate the location of building and intensity of uses in relation to streets according to plans so as to cause the least interference with traffic movement and improve safety;
   (e)   To establish zoning regulations that insure efficient and economical extensions for sewers, water, waste disposal and other public utilities;
   (f)   To provide adequate spaces for outdoor uses;
   (g)   To accomplish the purpose and goals set forth in Section 1101.01.
(Ord. 30-2007. Passed 12-20-07.)

1101.04 RELATIONSHIP TO OTHER LEGISLATION.

   (a)   The provisions of this Ordinance will supplement any and all laws of the State of Ohio and ordinances of the Village, or any and all rules and regulations promulgated by authority of such law or ordinance.
   (b)   The provisions of this Ordinance shall not annul or in any way interfere with existing deed or plat restrictions, easements between persons, codes, laws, rules, regulations, or permits previously adopted or issued. (Ord. 30-2007. Passed 12-20-07.)

1101.05 INTERPRETATION.

   In interpreting and applying the provisions of this Ordinance, such provisions shall be the minimum requirements for the promotion of public health, safety and general welfare and to accomplish the objectives set forth in Section 1101.01 .
(Ord. 30-2007. Passed 12-20-07.)

1101.06 LEGITIMACY.

   Should any section or provision of this Zoning Code be declared invalid by a court of competent jurisdiction, the decision shall not affect the legitimacy of this Code, as a whole, other than the section declared to be invalid.
(Ord. 30-2007. Passed 12-20-07.)

1102.01 TITLE.

   This Zoning Ordinance shall be known as Sections 1101.01 through 1126.02 of the Codified Ordinances of the Village of Gibsonburg, and any additional chapters hereinafter enacted as a part of Part Eleven of said Ordinance and may be cited as the “Zoning Ordinance of the Village of Gibsonburg.” (Ord. 30-2007. Passed 12-20-07.)

1102.02 REPEAL OF CONFLICTING ORDINANCE.

   All ordinances or parts of ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. The Ordinance shall become effective from and after the date of its approval and adoption, as provided for by law.
(Ord. 30-2007. Passed 12-20-07.)

1102.03 COMPLIANCE.

   (a)   Except as may be hereinafter provided: No building or structure shall be constructed, reconstructed, enlarged, converted, moved, or structurally altered, nor shall any building, structure, or land be used except for a purpose permitted in the use district in which the building, structure or land is located.
   (b)   No building or structure shall hereinafter be constructed, enlarged, converted, reconstructed, moved, or structurally altered, nor shall any building, structure, or land be used except in conformity with the bulk and area regulations, minimum yard and lot area requirements, minimum off-street parking and loading requirements, and any and all other applicable provisions and regulations of this Ordinance.
   (c)    No part of a minimum yard, parking space or other open space required for any building for the purpose of complying with the provisions of this Ordinance will hereafter be included as part of the yard, parking space or other open space similarly required for another building.
   (d)   In any "R" residential, "C" business, or "M" manufacturing district there will be no more than one main building on the lot unless otherwise provided for in this Ordinance.
   (e)   Any lot or parcel of land, with or without buildings, shall not be reduced or subdivided below the minimum lot width, width to depth ratio and lot area required by this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1103.01 RULES OF CONSTRUCTION.

   The following rules of construction will apply to the text of this Zoning Ordinance.
   (a)   The particular controls the general.
   (b)   In the event any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text controls.
   (c)   “Shall” is always mandatory.
   (d)   Words used in the present tense include the future; and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.
   (e)   A “building” or “structure” includes any part thereof.
   (f)   “Used for” includes “arranged for”, “designed for”, “intended for” “maintained for”, or “occupied for”.
   (g)   “Person” includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.
   (h)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction “and”, “or”, “either..or”, the conjunction shall be interpreted as follows:
      (1)   “And” indicates that all the connected items, conditions, provisions or events apply.
      (2)   “Or” indicates that the connected items, conditions, provisions, or event may apply singularly or in any combination.
   (i)   Terms not defined in this section have the meaning customarily assigned to them.
      (Ord. 30-2007. Passed 12-20-07.)

1103.02 DEFINITIONS.

   As used in Part Eleven, Title One of the Zoning Ordinance of the Village of Gibsonburg, certain terms and words are hereby defined.
   (1)   ABUT or ABUTTING: Having a common border with, or being separated from such common border by right-of-way, alley, or easement.
   (2)   ACCESSORY BUILDING: A detached subordinate building which is usually incidental to and located on the same lot as the main or principal building not meant for human occupancy.
   (3)   ACCESSORY STRUCTURE: Any improvement to the property other than the main building(s), with exception of landscaping, is an accessory structure. If a temporary building is placed on the property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
   (4)   ACCESSORY USE: A use incidental to and on the same lot or property as the principal use.
   (5)   ADMINISTRATIVE APPEAL: An appeal to the Board of Zoning Appeals alleging that the Administrator or an authorized agent has erred in administration or enforcement of this Zoning Ordinance.
   (6)   ADULT BOOKSTORE: An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activity.
   (7)   ADULT CABARET: A nightclub, bar, restaurant, or similar establishment that regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
   (8)   ADULT FAMILY HOME: A residence or facility that provides accommodations to three to five unrelated adults and provides supervision and personal care service to at least three of the unrelated adults.
   (9)   ADULT GROUP HOME: A residence or facility that provides accommodations to six to sixteen unrelated adults and provides supervision and personal care service to at least three unrelated adults.
   (10)   ADULT MOTION PICTURE THEATER: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
   (11)   AGRICULTURE: The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that, the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
   (12)   AIRPORT: Any landing area and all necessary appurtenances designed, used or intended to be used for the landing and taking off of aircraft.
   (13)   ALLEY: A public thoroughfare which affords only a secondary means of access to a lot or abutting property.
   (14)   ALTERATION: Any change, addition, or modification in construction or occupancy of an existing structure.
   (15)   ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
   (16)   ANTENNA: Any structure designed or modified to transmit or receive any electromagnetic energy signal from any relay station.
   (17)   APARTMENT: A building arranged, intended, or designed to be occupied by three or more families living independently of each other and doing their own cooking upon the premises or by three or more individuals or groups of individuals living independently of each other.
   (18)   ARBOR: An enclosure of closely planted trees, vines, or shrubs which are either self-supporting or supported on a framework, also the supporting framework itself.
   (19)   AUTOMATIC CAR WASH: Any structure or part thereof used for the washing of motor vehicles either by manual or assembly line techniques, using employees, the owner of the facility or by total automation.
   (20)   AUTOMOBILE SALES LOT: Any premises used for the sale of new or used motor vehicles with or without repair and service facilities.
   (21)   AUTOMOBILE SERVICE STATION: A place where gasoline, kerosene, or any other motor fuel or petroleum product for operating motor vehicles is offered for sale to the general public.
   (22)   AUTOMOTIVE REPAIR: The repair or reconditioning of motor vehicles or parts thereof, including collision and cleaning services.
   (23)   AUTOMOBILE TRAILER, TRAILER COACH, or TRAILER: A vehicle used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
   (24)   AWNING: Any projection over a door, window, porch, or balcony, fixed or retractable, for protection against the weather.
   (25)   BANNER: A flexible sign, usually temporary in nature, which is affixed at both ends to a pole or structure.
   (26)   BASEMENT: A story all or partly underground, but having at least one-half of its height below the average level of the adjoining ground. A basement, if not occupied for living purposes, shall not be included as a story for the purpose of height regulations.
   (27)   BED AND BREAKFAST: An owner-occupied dwelling unit that contains no more than four guest rooms where short term lodging for daily rent, with or without meals, is provided for compensation.
   (28)   BILLBOARD: A large, free-standing advertising structure located along a public street or road to attract attention of passing motorists to a business or product located or available on a different site.
   (29)   BLOCK: A plot of land which is bounded on all its sides by public streets or places.
   (30)   BOARDING HOUSE: A building other than a hotel or motel where for compensation by the week or month, meals are provided for three or more unrelated boarders or roomers at anyone time but not in individual rooms.
   (31)   BREEZE WAY: A roofed open passage connecting two buildings.
   (32)   BUILDING AREA: The portion of a lot that can be used for the construction of buildings excluding easements and setbacks.
   (33)   BUILDING: Any structure (except fences) designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.
   (34)   BUILDING LINE: A line parallel to a public or private right-of-way measured from same the distance in feet as shown on the building line map.
   (35)   BUILDING HEIGHT: The vertical distance from the grade to the highest point of the coping on a flat roof or the deck line of a mansard roof or the mean height level between eaves and ridge of a gable, hip, or gambrel roof.
   (36)   BULK: The size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, other structure or tract of land.
   (37)    BULLETIN BOARD: An announcement sign usually with changeable letters to inform the public of coming events at a public, semi-public or non-profit institution.
   (38)   BUSINESS: Any occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, merchandise, or services, or where there is maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or service.
   (39)   CAMPGROUND: Any tract of land which two or more portable camping units are placed, and includes the necessary roadway and support structures used or intended to be used as part of the facilities of such camp.
   (40)   CANOPY: An overhanging shelter or shade covering.
   (41)   CEMETERY: Land used or intended to be used for the burial of the animal or human dead and dedicated for that purpose, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
   (42)   CHURCH OR RELIGIOUS INSTITUTION: A building originally and exclusively designed for, and/or used primarily for, public worship; includes chapel, church, mosque, synagogue, and temple and customarily related uses and activities.
   (43)   COMMISSION: The Planning Commission of the Village of Gibsonburg.
   (44)   COMPREHENSIVE PLAN: A plan or any portion thereof, adopted by Village Council detailing the general locations and extent of the present and proposed orderly development of the Village. The Plan establishes the goals and objectives of the Village, and assists officials in formulating the necessary policies and procedures to help achieve those goals.
   (45)   CONDITIONAL USE: A use permitted in a district other than a use permitted by right which is allowed only under certain conditions and requiring a conditional use permit and approval of the Planning Commission.
   (46)   CONDITIONAL USE PERMIT: A certificate of use and occupancy issued on approval of the Commission to allow a use other than a use permitted by right in a particular district on a specific lot.
   (47)   CONDOMINIUM: A property on which two or more individually owned dwelling units are contained within a single building, and units are offered together with undivided interest in common areas and facilities of the property.
   (48)   CONVENIENCE STORE: A type of retail sales and service use involving local neighborhood oriented businesses which meet the day-to-day needs of residents living in the area.
   (49)   COUNCIL: The elected Council of the Village of Gibsonburg.
   (50)   COURT: The open unoccupied space, enclosed or partially enclosed by three or more intersecting walls of a building or buildings.
   (51)   CORNER LOT: A lot, two non-parallel sides of which abut a public or private right-of-way.
   (52)   COVERAGE: The percentage of the lot area covered by the area of a building.
   (53)   CURB LEVEL: The grade of the curb in front of the midpoint of the lot.
   (54)   DECORATIVE BANNER: A banner placed for decorative purpose as opposed to advertising purpose on any part of a property.
   (55)   DECORATIVE SIGN: A sign placed for a decorative purpose as opposed to advertising purpose on any part of a property.
   (56)   DENSITY: A unit of measure; the number of dwelling units per acre of land.
      A.   Gross Density: The number of dwelling units per acre of the total land to be developed.
      B.   Net Density: The number of dwelling units per acre of land. The acreage involved includes only the land devoted to residential uses.
   (57)   DETACHED BUILDING: A building that has no structural connection with another building.
   (58)   DETENTION BASIN: An enclosure designed to detain storm water during designated flood interval storms. Detention basins are not designed to hold water permanently, rather they are part of an overall drainage system.
   (59)   DISH: The part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolic, or similar in shape.
   (60)   DISTRICT: A section or sections of the Village for which the zoning regulation governing the use of buildings and land, and the intensity of use is uniform.
   (61)   DRAINAGE WAY: A watercourse, gully, dry stream or ditch which carries storm water runoff, which is subject to flooding and ponding, which is fed by street or building gutters or by storm water sewers or serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
   (62)   DRIVE-UP OR DRIVE-THROUGH: Any establishments or facilities where goods or services are provided from windows or in drive-through areas to customers in cars or to the cars and where the cars are temporarily stopped or standing and which commonly does, or could involve a line up of cars waiting in line for such goods or services. Current examples of drive-up developments include but are not limited to car washes, drive-up windows at banks and drive-through carry outs.
   (63)   DUMP: A lot or part thereof used primarily for the licensed disposal by abandonment, dumping, burial or incineration or any other means and for whatever purpose, of garbage, sewage, trash, refuse, or junk.
   (64)   DWELLING: Any building or portion thereof which is designed to provide living accommodations for one or more families. An attached garage for purposes of determining the front, side, and rear yards shall be considered a part of a dwelling.
      A.   Single-Family Dwelling: A building designed to provide one dwelling unit for a family and separated from other dwellings by required open space.
      B.   Two-Family Dwelling: A building consisting of two dwelling units which may be either attached side by side or one above the other and each unit having a separate or combined entrance or entrances.
      C.   Multi-Family Dwelling: A building consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing.
   (65)   DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
   (66)    EASEMENT: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
   (67)   FAMILY: One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, or hotel.
   (68)   FENCE: An enclosure, barrier or screen whose purpose is to physically or visually contain certain uses and activities which are carried out on a particular lot.
   (69)   FLOOR AREA: A floor space enclosed by interior walls, fire walls or fire partitions, or any combination thereof.
      A.   The floor area of a building shall include the following:
         1.   Basement space.
         2.   Elevator shafts and stairwells at each floor.
         3.   Floor space for mechanical equipment with structural headroom of seven feet six inches or more.
         4.   Attic space, with or without a finished floor, providing structural headroom of seven feet six inches.
         5.   Interior balconies and mezzanines.
         6.   Enclosed porches.
         7.   Accessory uses, not including garages.
      B.   Floor area of a building shall not include the following:
         1.   Cellar space, except that cellar space used for retailing shall be included.
         2.   Elevator or stair bulkheads, accessory water tanks and cooling towers.
         3.   Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
         4.   Attic space with or without a finished floor, with structural headroom of less that seven foot six inches.
         5.   Uncovered steps.
         6.   Terraces, breeze ways and open spaces.
         7.   Accessory off-street parking spaces.
         8.   Accessory off-street loading berths.
   (70)   FLASHING SIGN: A sign with any moving parts, illuminated or non-illuminated.
   (71)   FOOD PROCESSING: The preparation, storage, or processing of food products.
   (72)   FREE-STANDING SIGNS: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
   (73)   FRONTAGE: The length of any one property line of a premise, which property line abuts a legally accessible street right-of-way. If a lot has more than one property line abutting a legally accessible street right-of-way, then both property lines shall be considered to have frontage.
   (74)   GARAGE:
      A.   Private Garage: An accessory building housing not more than three automobiles in which no occupation or business is carried on.
      B.   Community Garage: An accessory building for the storage of four or more passenger automobiles of tenants of one or several apartment buildings in which no occupation, business, or service is carried on.
      C.   Repair Shop Garage: A building or part thereof in which general repair of any kind is performed on motor vehicles and in which the painting of cars and body and fender work is only incidental.
   (75)   GARAGE SALES: Temporary sales of personal property on resident's premises and shall include, but shall not be limited to, yard sales, patio sales, carport sales, basement sales, porch sales, driveway sales and the like.
   (76)   GASOLINE SERVICE STATION: A building or part of a building or structure or space for the retail sale of gasoline, lubricants, and motor vehicle accessories, and for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
   (77)   GRADE:
      A.   For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. Where no sidewalk exists, the elevation of the center line of the street shall be used in lieu thereof
      B.   For buildings having walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
      C.   For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.
      D.   Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the elevation of the centerline of the street shall be used in lieu thereof.
   (78)   GAZEBO: A small, round, octagonal, or similarly shaped decorative structure, usually roofed but open-sided to provide shelter or a place to view the surrounding area.
   (79)   GROSS PUBLIC FLOOR AREA: The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, storage areas visible from such other areas, restrooms, areas used for cabarets or similar shows, plus aisles, hallways and entryways serving such areas.
   (80)   GROUND FLOOR AREA: The area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breeze ways, terraces, garages and exterior stairways.
   (81)   GROUND SIGN: A permanent free-standing sign of less than four feet above the finished grade.
   (82)   HIGH RISE SIGN: A free-standing sign in excess of thirty feet in height.
   (83)   HOME OCCUPATIONS: An occupation, profession, activity, or use that is clearly a customary, incidental, or secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the character of the neighborhood.
   (84)   HOSPITAL: A building designed and used for the treatment of human injury, illness or infirmity. To be classified as a hospital, the facility must have twenty- four hour professional medical staff, inpatients or regular emergency treatment facilities.
   (85)   HOTELS: A building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
   (86)   ILLUMINATED SIGN: A sign, whether permanent or temporary, illuminated in any way with an artificial lighting source.
   (87)   INDUSTRIAL USE: Any use involving manufacturing, processing, testing and similar uses and which may generate some objectionable characteristics.
   (88)   INSTITUTION: An organization for the promotion of a public, semi-public or private purpose such as related to education, charity or religion.
   (89)   JUNKYARD: A place where two or more motor vehicles not in running condition or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being actively restored to operation, or any land used for wrecking and not restoration to operating condition, and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, and disassembled.
   (90)   KENNEL: Any lot of premises on which four or more domesticated animals of the same species, more than four months old are housed, groomed, bred, boarded, trained or sold.
   (91)   LOT: A parcel of land occupied, or intended to be occupied, by a building and its accessory buildings or by a group of dwellings and their accessory buildings, together with such open spaces as are required, having at least the minimum area required for a lot in the zone in which such lot is located and having its principal frontage on a public street or public way.
      A.   Corner Lot: A lot having two adjacent sides abutting upon two streets.
      B.   Interior Lot: A lot other than a corner lot with only one frontage on a street.
      C.   Lot Depth: The mean horizontal distance between the front and rear lot lines.
      D.   Double Frontage Lot: A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
      E.   Lot of Record: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder.
      F.   Minimum Area of Lot: The area of a lot computed exclusive of any portion of right-of-way of any public street or private road.
      G.   Lot Width: The width of a lot at the building line.
   (92)   MANUFACTURED HOME: Any non-self propelled vehicle transportable in one or more sections, which in traveling mode, is eight feet or more in width or forty feet or more in length or when erected on site, is three hundred twenty square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to utilities. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space but do not include bay windows.
   (93)   MODULAR HOME: Any home that is preassembled or partly assembled that has a structure only to affix the axles and hitch and has no steel frame that is part of the structure. The structure must be removed after the home is permanently affixed to the foundation. Any partly assembled home that is carried on a trailer or flatbed truck and where components are assembled on site is a modular home.
   (94)   MOTEL: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests as distinguished from a boarding house.
   (95)   MOTOR HOME: A self-propelled recreational vehicle with permanently installed facilities for cooking, eating, storage, and sleeping.
   (96)   MURALS: An exterior wall painting that does not include advertising for commercial purposes.
   (97)   NON-CONFORMING USE: Any building, structure, or land lawfully occupied by a use on the effective date of this Ordinance or any amendment or supplement thereto which does not conform to the use and regulations of the district in which it is situated.
   (98)   NURSING HOME: A home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and professional assistance.
   (99)   NURSERY SCHOOL: A licensed school conducted for profit that provides day care for pre-school children.
   (100)   OFF-STREET PARKING AREA: A surfaced area, including driveways designated for the parking of motor vehicles.
   (101)   OPEN SPACE: An area open to the sky which is or may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
   (102)   OUTDOOR DINING FACILITY: An outdoor dining area connected or attached to an indoor restaurant, bar, tavern or nightclub.
   (103)   PARKING AREA: An open plot of land not on a public street used for the parking of passenger automobiles.
   (104)   PARKING SPACE, OFF-STREET: An off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room but will be located totally outside of any street or alley right-of-way.
   (105)   PERFORMANCE BOND or SURETY BOND: An agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
   (106)   PERMANENT FOUNDATION: A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
   (107)   PLANNED UNIT DEVELOPMENT: An area of land in which a variety of housing types and/or related residential facilities is accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Ordinance.
   (108)   PLANNING COMMISSION: The Planning Commission of the Village of Gibsonburg.
   (109)   POLE SIGN: An advertising sign or signs hung or attached to a free-standing pole or similar structure having a total height of thirty feet or less.
   (110)   POND: A body of water, of which none of the excavate material has been removed from the site for commercial purposes and is used for the following purposes: to provide water for livestock, fish and wildlife, recreation, or drainage retention.
   (111)   PREMISES: A lot together with all the buildings thereon.
   (112)   PRIVATE CLUB: An association organized and operated not-for-profit for persons who are bona fide members paying annual dues, which constructs, hires or leases premises, the use of which is restricted to such members and their guest.
   (113)   PROJECTING SIGN: A sign that projects in perpendicular or "V"-shape fashion from the outside wall of a building.
   (114)   PRINCIPAL USE: Is the use to which the greatest percentage of the principal structure or lot not occupied by a structure is devoted.
   (115)   PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practioners, lawyers, architects, and engineers and similar professions.
   (116)   PUBLIC HEARING: A hearing held after legal notices have been published in a newspaper of general circulation, or otherwise posted in a manner allowed by law.
   (117)   PUBLIC USE: Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
   (118)   RECREATIONAL FACILITIES: Commercial or non-commercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, tennis courts, and swimming pools, and indoor recreational facilities in which some or all activities are conducted indoors.
   (119)   RECREATIONAL VEHICLE: A vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses.
   (120)   RECREATIONAL VEHICLE PARKS: A park with only one postal address and with or without electrical, water, and sewer hook-ups or disposal areas intended to serve recreational vehicles on a daily rental basis.
   (121)   RESTAURANT: A commercial enterprise where the primary, if not exclusive, activity and purpose is the preparation, sale, and consumption of food of all kinds to the public.
   (122)   RETAIL SALES AND SERVICE: Any establishment which not only sells merchandise but also provides service for the repair or replacement of that or other merchandise purchased or previously owned by consumers.
   (123)   RETENTION BASIN: A body of water, whether permanent or for the purposes of holding water for no longer than designated flood interval storms.
   (124)   RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities and may include special features such as grade separation, landscaped areas, viaducts and bridges.
   (125)   ROOF SIGN: A sign erected upon and located completely above the roof of a building.
   (126)   SATELLITE DISH: A signal receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
   (127)   SCREENING: A neat, orderly and healthy screen of plant material not less than three feet high with an expected normal growth of at least five feet in height protected by a galvanized fence at least five feet in height. A wooden or masonry fence or other landscaping may be substituted for the screen and wire link fence when appropriate.
   (128)   SIGN: A structure or device designed or intended to convey information to the public in written or pictorial form.
      A.   A flashing sign is an illuminated sign of which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
      B.   An illuminated sign is a sign designed to give forth any artificial light deriving from any source which is intended to cause such light or reflection.
   (129)   SIMILAR USE: A use not otherwise described in this Ordinance found by the Commission to be substantially similar to a permitted use or a conditionally permitted use.
   (130)   SCHOOL: A publicly or privately owned facility providing full or part time instruction and training; to include elementary, middle and high schools, colleges, and studios providing instruction.
   (131)   SECONDARY SIGN: A sign typically advertising special services or public announcements such as time and temperature, located on a separate sign below the main sign.
   (132)   SETBACK LINE: A line parallel, or nearly parallel with and measured from the established right-of-way line, defining the limits of a yard in which no building, including any accessory buildings or structures like detached garages and in-ground pools may be located.
   (133)   SHOPPING CENTER: A grouping of retail businesses and service uses on a single site.
   (134)   SPECIFIED ANATOMICAL AREAS: As used in this Ordinance, specified anatomical areas mean and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   (135)   SPECIFIED SEXUAL ACTIVITIES: As used in this Ordinance, specified sexual activities means and includes the following; the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, masturbation, actual or simulated; excretory functions as part of or in connection with any of the activities outlined in this clause.
   (136)   STRIP SHOPPING CENTERS: A grouping of retail businesses and service uses on a single site with common pedestrian exterior walking areas and common parking facilities.
   (137)   STORY:
      A.   Story: The portion of a building included between the surfaces of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
      B.   Half-Story: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
   (138)   STREET: All property dedicated or intended for public or private use for passage or travel of motor vehicles.
   (139)   STRUCTURE: Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, substantial roadside stands, monuments, statutes, flagpoles and signs.
   (140)   TEMPORARY SIGN: A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, and intended for a limited period of display including decorative displays for holidays or political campaigns.
   (141)   TRAVEL TRAILER: A non-self propelled recreational vehicle not exceeding 45 feet in length, exclusive of bumper and tongue or coupling, including tent type or fold out type.
   (142)   USE: The specific purposes for which a building or land is designated, arranged, intended or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity or operation carried on in a building or on a premises, or the name of a building, place, or thing of which the name identifies its intended use.
   (143)   USEABLE FLOOR AREA: The areas of all floors of a building, including basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that is used for human occupancy. The useable floor area also includes the elevator shafts and spaces used for mechanical equipment with head room of six feet, six inches or more. Useable floor area does not include cellars or unenclosed porches unless access is limited or an outdoor use is planned, or attics not used for human occupancy or any floor space in accessory buildings or the main building designed for the parking of motor vehicles.
   (144)   VARIANCE: A variance is defined as a modification of the strict terms of the relevant regulations of this Ordinance where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship.
   (145)   WAREHOUSE: Any building or structure which is limited to the storage of equipment or material.
   (146)   WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER: A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   (147)   WIRELESS TELECOMMUNICATIONS FACILITY: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals to a central switch computer which connects the mobile unit with land-based telephone lines.
   (148)   WIRELESS COMMUNICATIONS TOWER: A structure intended to support equipment used to transmit and/or receive telecommunication signals including monopoles, guyed, and lattice construction steel towers.
   (149)   YARD: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard will consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
   (150)   ZONING ADMINISTRATOR: For the purpose of this Ordinance, Zoning Administrator and Administrator have the same meaning, and identify the Individual designated by Council to enforce this Ordinance.
   (151)   ZONING MAP or MAP: The zone map for the Village of Gibsonburg.
   (152)   ZONING ORDINANCE: Part 11 of the Codified Ordinances of the Village of Gibsonburg.
   (153)    ZONING PERMIT: A document issued by the Zoning Administrator authorizing the use of lots, structures, use of land and structures, and the characteristics of the uses. (Ord. 30-2007. Passed 12-20-07.)

1104.01 APPOINTMENT OF THE BOARD.

   (a)   A Board of Zoning Appeals is hereby established in accordance with Section 713.11 of the Ohio Revised Code.
   (b)   The Board shall consist of seven electors of the Village, appointed by the Mayor with the advice and consent of Council. The seven electors first appointed shall serve for terms of one, two, three, four, five, six and seven years respectively; thereafter appointments shall be for seven year terms. Members shall serve until a successor is appointed and qualified.
(Ord. 30-2007. Passed 12-20-07.)

1104.02 REMOVAL OF BOARD MEMBER.

   A member of the Zoning Board of Appeals may be removed by Council:
   (a)   For misconduct or violation of the procedures of the Board, upon written charges having been filed with Council and after a public hearing has been held regarding such charges. A copy of the charges will have been served upon the member so charged at least ten days prior to the hearing, either by personal service or certified mail. The member shall be given the opportunity to be heard and answer such charges.
   (b)   For willful failure to attend meetings. A member missing three meetings consecutively will be considered to have voluntarily resigned his/her position.
      (Ord. 30-2007. Passed 12-20-07.)

1104.03 ORGANIZATION OF THE BOARD.

   (a)   The Board of Zoning Appeals shall organize and adopt rules for its own government not inconsistent with Sections 713.06, 713.11, and 713.12 of the Ohio Revised Code, or with any other ordinances of the Village.
   (b)   The members of the Board of Zoning Appeals shall elect a Chairperson, who will preside over Board meetings, and a Secretary who will record and file with the Village Fiscal Officer the minutes of each meeting.
(Ord. 30-2007. Passed 12-20-07.)

1104.04 MEETINGS.

   (a)   Meetings of the Board shall be held at the call of the Chairman, and at such times as the Board may determine necessary. All meetings of the Board shall be public and the presence of four members is necessary for a quorum.
   (b)   The Board Secretary shall keep minutes of its proceedings, showing the vote of each member upon every question. If a member is absent or fails to vote, the minutes will indicate such fact. Final disposition of any appeal shall be in the form of a resolution and shall be concurred on by at least four members of the Board. (Ord. 9-2008. Passed 6-19-08.)
   (c)   The Chairperson of the Board may call on various departments of the Village for assistance in the performance of the Board's duties, may administer oaths, and may compel the attendance of witnesses, and may otherwise do all things empowered by this Ordinance and relevant state law. (Ord. 30-2007. Passed 12-20-07.)

1104.05 POWERS AND DUTIES.

   The Board of Zoning Appeals shall have the following powers and duties:
   (a)    Hear and decide appeals where it specifically finds that there is a material error of law or fact in any order, requirement, decision, or determination made by the Administrator in the enforcement of this Ordinance or any amendment or supplement adopted pursuant to the Ordinance.
      (1)   If the Board finds that there has been an error of law or fact, such error shall be specifically stated in its resolution of final disposition. There shall be no finding of an error of law unless supported by a written opinion of the Solicitor, or other licensed practicing attorney appointed by Council when special circumstances exist. If the Board is of the opinion that an error of fact may have occurred, and such error is of a technical nature not readily determined in the absence of technical assistance, such as relating to the location of building or boundary lines, area, height or distances, the Board shall request the Administrator to provide such technical assistance.
   (b)    Authorize upon appeal, such variations and exceptions from the terms of the Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, so that the intent of this Ordinance shall be observed and fundamental fairness achieved, and provided further that no variance shall be granted unless the Board finds that all of the following conditions exist:
      (1)   The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to the land and buildings in the zone.
      (2)   The granting of the application is necessary for the preservation and enjoyment of substantial property right and not merely to serve as a convenience to the applicant.
      (3)   That the condition for which a variance is sought did not result from action taken by the applicant.
      (4)   The authorizing of the variance will not impair the right of other property owners in the zone from the peaceful enjoyment of property rights, or create a danger of five or imperil public safety or unreasonably diminish or impair established property values.
      (5)   The applicant is not presently in violation of the Ordinance from which relief is sought.
   (c)    Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the Ordinance, as shown on the Zoning Map fixing the several districts made a part of the Ordinance, where the street layout actually on the ground varies from the street layout as shown on the Zoning Map.
   (d)    Authorize the extension of a non-conforming use of a building or the creation of additional building upon the lot occupied by such non-conforming use of building on the effective date of this Ordinance, where such use or building will not be detrimental to or tend to alter the character of the neighborhood.
   (e)    Permit the construction of a building or portion of a building beyond the building line, subject to such conditions or limitation as the Board deems reasonable and necessary, provided that the general welfare or appropriate use or development of neighboring property is not harmed.
   (f)   Permit the extension of a building or use into a more restricted district, but not more than twenty-five feet beyond the boundary line of the district in which such use is authorized where a use district boundary line divides a lot in a single ownership on the effective date of this Ordinance.
   (g)    In granting a permit under any of the powers conferred above, the Board may stipulate the manner in which the variance or exception will be carried out, or may require other improvements and safeguards for the protection of other property owners in the zone or the general public. Specifically, the Board in such cases may attach conditions dealing with:
      (1)   Paving, shrubbery, or screening fence or wall.
      (2)   Control or elimination of smoke, dust, gas, noise, odor, etc.
      (3)   Hours and certain methods of operation:
         A.   Location of exits or show windows.
         B.   Cleaning and painting.
         C.   Elimination of other non-conforming uses of land and/or signs.
         D.    Direction and intensity of outdoor illumination.
         E.    Amount and location of off-street parking, loading areas and signs.
         F.    A period of time after which permitted variation or exception will expire. (Ord. 30-2007. Passed 12-20-07.)

1104.06 APPEAL AND HEARING.

   (a)   Appeals to the Board may be taken by any person aggrieved or affected by any decision of the Zoning Administrator. An appeal shall be taken by filing a notice of the appeal, specifying the grounds thereof, with the Village Fiscal Officer within twenty days after the decision of the Administrator.
   (b)   The Fiscal Officer will forward the appeal to the Chairperson of the Board with a copy of said appeal being delivered to the Zoning Administrator. The chairperson shall fix a reasonable time for a hearing of the appeal, give ten days notice to other parties in interest, post a notice of the appeal, decide the appeal within ten days following the hearing, unless additional time is deemed necessary because of unusual circumstances. Any party may appear at the hearing in person or by attorney.
   (c)   The Board shall hear and decide all zoning appeals in conformity with the intent and purpose of this Ordinance.
   (d)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Board of Zoning Appeals after the notice of the appeal shall have been filed with it that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such a case proceedings shall not be stayed other than by a restraining order granted by a competent court of record having jurisdiction.
   (e)   All hearings of the Board shall be public. However, the Board may go into executive session, upon majority vote of the members present for discussion but not vote on any case before it.
   (f)   The Board may adjourn a hearing of any application or appeal in order to permit the obtaining of additional information or to cause further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. (Ord. 30-2007. Passed 12-20-07.)

1104.07 PROCEDURES OF ZONING BOARD OF APPEALS.

   In ruling upon an appeal, the Board shall:
   (a)    Act by written resolution which shall indicate specifically the sections or a subsection under which authority to act is granted and shall state all terms and conditions of said sections or subsections have been found in favor of the applicant.
   (b)    Grant no variance the result of which would be to sanction any act that would violate any other Ordinance of the Village of Gibsonburg or the State of Ohio.
   (c)    Grant no variance where it has knowledge that such variance would conflict with other lawfully adopted rules, regulations, private deed restrictions or private covenants.
   (d)    Provide a copy of its resolutions to the Village Fiscal Officer, Zoning Administrator, the applicant, and any other person in the affected zone who requests same. (Ord. 30-2007. Passed 12-20-07.)

1104.08 REVIEW OF ACTION BY COUNCIL.

   Upon the request of the Mayor, President of Council, Zoning Administrator or three members of Council, within 20 days of the date of the resolution, Council may review any action taken by the Board of Zoning Appeals and take such action with respect thereto as it deems appropriate. (Ord. 30-2007. Passed 12-20-07.)

1104.09 REQUEST OF BOARD OF ZONING APPEALS TO COUNCIL.

   If the Board determines that there is merit in the appeal of the applicant but that such appeal cannot be granted because all of the conditions provided herein are not fulfilled or cannot be complied with, the Board may refer the matter to Council for its guidance and authorization on the issue. Council may, but will not be required to, consider such request by the Board.
(Ord. 30-2007. Passed 12-20-07.)

1105.01 APPOINTMENT OF COMMISSION.

   (a)   There is established a Planning Commission of five members consisting of the Mayor, one member of Village Council to be elected thereby for the remainder of his term as such member of Council, and three citizens of the Village to be appointed by the Mayor for terms of six years each, except that the term of one of the members of the first Commission shall be for four years and one for two years.
   (b)   Planning Commission members shall serve without compensation and can, therefore, hold no other position with the Village.
   (c)   Any member of the Village Planning Commission established under Section 713.01 of the Ohio Revised Code, may hold any other public office and may serve as a member of a county and a regional planning commission.
(Ord. 30-2007. Passed 12-20-07.)

1105.02 “AD HOC” MEMBER OF THE PLANNING COMMISSION.

   (a)   The Mayor may appoint an "ad-hoc member" to the Planning Commission to serve for a period of six years.
   (b)   The "ad hoc member” shall attend Planning Commission sessions, and may participate in discussions and deliberations, but shall not be a voting member.
   (c)   In the event an at large vacancy occurs within the Planning Commission, the Mayor may appoint the "ad hoc member" to fill said vacancy. (Ord. 30-2007. Passed 12-20-07.)

1105.03 REMOVAL OF COMMISSION MEMBER.

   A member of the Planning Commission may be removed by Council:
   (a)   For misconduct or violation of the procedures of the Commission, upon a written charge having been filed with Council and after a public hearing has been held regarding such charges. A copy of the charges will have been served upon the member so charged at least ten days prior to the hearing, either by personal service or certified mail. The member shall be given the opportunity to be heard and answer such charges.
   (b)   For willful failure to attend meetings. A member missing three meetings consecutively will be considered to have voluntarily resigned his position.
      (Ord. 30-2007. Passed 12-20-07.)

1105.04 ORGANIZATION OF COMMISSION.

   (a)   The Planning Commission shall organize and adopt rules or bylaws for the holding of regular and special meetings, the transaction and disposition of its business, and the exercise of the powers of the Commission, not inconsistent with Sections 711.09 through 713.01 of the Ohio Revised Code, or with any other ordinances of the Village.
   (b)   The members of the Commission shall elect a Chairperson, who will preside over all regular and special meetings, and a Secretary who will record and file with the Village Fiscal Officer the minutes of each meeting. (Ord. 30-2007. Passed 12-20-07.)

1105.05 MEETINGS.

   (a)   Meetings of the Commission shall be held at the call of the Chairperson and at such times as the Commission determines necessary to accommodate area planning and development needs. All meetings of the Commission shall be public and the presence of three or more members is necessary for a quorum.
   (b)   The Commission shall act by resolution. The Secretary shall keep the minutes of all Commission meetings, produce records of the Commission examinations and other official actions, all of which are to be filed with the Village Fiscal Officer and become public records. The Secretary shall conduct all official correspondence and supervise the clerical work of the Commission. The Secretary may request assistance with clerical duties from the Village Administrator and he/she shall comply with all reasonable requests for assistance.
   (c)   Notices of hearings and decisions of the Commission will be communicated directly to the property owners affected and to the people of the Village through the established posting process. (Ord. 30-2007. Passed 12-20-07.)

1105.06 POWERS AND DUTIES.

   (a)   The Planning Commission shall have the powers and duties conferred upon it by Sections 711.01 through 711.13 of the Ohio Revised Code and by ordinances of the Village Council enacted pursuant thereto. It shall adopt and recommend to the Village Council a Comprehensive Plan for the physical development of the Village and the re-development of any area or district therein. The Comprehensive Plan shall include the location of public ways, property, bridges, schools, utilities, buildings, parks, playgrounds and recreation areas and the reservation and acquisition of lands therefor. It shall prepare and recommend to Village Council an ordinance creating areas, zones and districts of permitted and excluded uses, including rules, regulations, restrictions and limitations governing the plan, design, height, floor area, number of stories, open spaces, locations, use and occupancy of public and private buildings, structures and land uses or purposes, both public and private, pertaining to each as will promote the general welfare of the Village and its inhabitants. It shall have control over the platting and subdivision of lands and the improvement or development thereof, including the construction of streets, sewers and utilities therein.
   (b)   In the discharge of its responsibilities, the Planning Commission has the power and duty to:
      (1)   Prepare and revise periodically plans and programs for the development and redevelopment of the Village; and
      (2)   Prepare and recommend for adoption to Village Council various plans and programs, including but not limited to:
         A.   Zoning ordinances to include zoning district maps and appropriate revisions thereof,
         B.   Regulations for the subdivision or development of land and appropriate revisions thereof,
         C.   An official map and appropriate revision on it showing the exact location of existing or proposed public streets, highways, and utility rights-of-way, and public sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within the Village, or specified portion of it,
         D.   Policies and procedures to facilitate implementation of planning elements. (Ord. 30-2007. Passed 12-20-07.)

1105.07 COMPREHENSIVE PLAN.

   (a)   The Planning Commission shall develop and maintain a planning process which will result in the systematic preparation and continual re-evaluation and updating of those elements considered critical, necessary, and desirable to guide the development and redevelopment of the Village.
   (b)   The basic planning process for all planning elements must include, but not be limited to:
      (1)   Inventory of existing conditions;
      (2)   A statement of needs and goals; and
      (3)   Implementation strategies.
   (c)   The final Comprehensive Plan must include, but not be limited to, the following elements:
      (1)   A population element which considers historic trends and projections, household numbers and sizes, and income characteristics;
      (2)   An economic development element which considers labor force and labor force characteristics, parks and recreation areas, and soil types;
      (3)   Cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural or other cultural resources;
      (4)   A community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and waste water treatment; solid waste collection and disposal, police and fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;
      (5)   A housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing; and
      (6)   A land use element which considers existing and future land use by categories, including residential, commercial, industrial, public, recreational, parks, open spaces, and vacant or undeveloped.
   (d)   All planning elements must be an expression of the Planning Commission recommendations to the Village Council with regard to wise and efficient use of public funds, the future growth, development, and re-development of the Village, and consideration of the fiscal impact on property owners. The planning elements whether accomplished as a package or separate increments together comprise the Comprehensive Plan for the Village.
   (e)   The Planning Commission shall review the Comprehensive Plan as often as necessary, but not less than once every five years, to determine whether changes in the amount, kind, or direction of development in the Village, make it desirable to make additions or amendments to the plan. The Comprehensive Plan, including all elements of it, shall be updated every ten years. (Ord. 30-2007. Passed 12-20-07.)

1105.08 RECOMMENDATION TO COUNCIL.

   A final recommendation of the Comprehensive Plan or any element, amendment, extension, or addition must be by resolution of the Commission, carried by the affirmative votes of at least a majority of the entire membership. The resolution must refer expressly to maps and other descriptive data intended by the Planning Commission to form the whole element of the recommended plan and action taken must be recorded in its official minutes and filed with the Fiscal Officer. (Ord. 30-2007. Passed 12-20-07.)

1105.09 ADOPTION OF PLAN BY COUNCIL.

   (a)   The Planning Commission may recommend to Village Council and Council may adopt the Comprehensive Plan as a whole by a single ordinance or elements of the plan by successive ordinances. The elements shall correspond with the major geographical sections or divisions of the planning area or with functional subdivisions of the subject matter of the Comprehensive Plan, or both. Before adoption of an element or the plan as a whole, the Village Council shall hold a public hearing thereon, and shall give at least thirty days' notice of the time and place thereof in a newspaper of general circulation. If the ordinance, measure, or regulation intends to re-zone or re-district ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by first class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council.
   (b)   During such thirty days, the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure, or regulation and the maps, plans, and reports submitted by the Planning Commission, shall be on file, for public examination, in a public office designated by Council.
   (c)   No such ordinance, measure or regulation which violates, differs from, or departs from the Plan or report submitted by the Planning Commission, shall take effect unless passed or approved by not less than three fourths of the membership of Council. No ordinance, measure, or regulation which is in accordance with the recommendations, plan, or report submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members of Council.
(Ord. 30-2007. Passed 12-20-07.)

1105.10 CONFLICTS WITH COMPREHENSIVE PLAN.

   When the Planning Commission has recommended and Council has adopted a Comprehensive Plan or element of the Comprehensive Plan, no new street, structure, utility, square, park, or other public way, grounds, or open space or public buildings for any use, whether publicly or privately owned, may be constructed or authorized in the Village until the location, character, and extent of it have been submitted to the Planning Commission for review and comment as to the compatibility of the proposal with the Comprehensive Plan of the Village. In the event the Planning Commission finds the proposal to be in conflict with the Comprehensive Plan, the Commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility.
(Ord. 30-2007. Passed 12-20-07.)

1106.01 PROCEDURE FOR ZONING AMENDMENTS.

   This Ordinance may be amended by utilizing the procedures specified in this Chapter.
(Ord. 30-2007. Passed 12-20-07.)

1106.02 GENERAL ZONING CHANGES.

   Whenever the public necessity, convenience, general welfare, or good zoning practices dictate, the Council may, after receipt of a recommendation from the Planning Commission and subject to the procedures established by the Ohio Revised Code, amend, supplement, change or repeal the regulation, restriction, and boundaries or classification of property described in this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1106.03 INITIATION OF ZONING AMENDMENTS.

   Amendments to this Ordinance may involve an amendment of the text of this Ordinance or the Zoning Map and may be initiated in one of the following ways:
   (a)   By adoption of a resolution by the Planning Commission.
   (b)   By adoption of a resolution by Council.
   (c)   By the filing of an application by at least one owner or lessee of a property within the area proposed to be changed or affected by said amendment.
      (Ord. 30-2007. Passed 12-20-07.)

1106.04 CONTENTS OF APPLICATION FOR ZONING MAP AMENDMENTS.

   All applications for amendments to the Zoning Map adopted as a part of this Ordinance shall contain at a minimum the following information:
   (a)   The name, address, and telephone number of the applicant.
   (b)   The proposed amending Ordinance, approved as to form by the Administrator.
   (c)   A statement of the reason(s) for the proposed amendment.
   (d)   A statement outlining present use.
   (e)   Present zoning district.
   (f)   Proposed use.
   (g)   Proposed zoning district.
   (h)   A vicinity map at a scale approved by the Zoning Administrator showing property line locations, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may reasonably require.
   (i)   A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and the others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned.
   (j)   A statement on the ways in which the proposed amendment relates to the Comprehensive Plan.
   (k)   A fee as established by Council.
      (Ord. 30-2007. Passed 12-20-07.)

1106.05 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT.

   Applications for amendments proposing to change, supplement, amend, or repeal any portions of this Ordinance, other than the Zoning Map, will contain at a minimum, the following information:
   (a)   The name, address, and telephone number of the applicant.
   (b)   The proposed amending ordinance, approved as to form by the Zoning Administrator.
   (c)   A statement of the reason(s) for the proposed amendments.
   (d)   A statement explaining the ways in which the proposed amendment relates to the Comprehensive Plan.
   (e)   A fee established by Council.
(Ord. 30-2007. Passed 12-20-07.)

1106.06 TRANSMITTAL OF APPLICATION TO PLANNING COMMISSION.

   Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property affected by the proposed amendment said resolution or application shall be transmitted to the Planning Commission for review.
(Ord. 30-2007. Passed 12-20-07.)

1106.07 RECOMMENDATION BY PLANNING COMMISSION.

   Within sixty days from the receipt of a proposed amendment, the Planning Commission shall transmit its recommendation to Village Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written resolution of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, include the basis for their determination that the proposed amendment is or is not consistent with the Comprehensive Plan. (Ord. 7-2009. Passed 5-7-09.)

1106.08 PUBLIC HEARING BY VILLAGE COUNCIL.

   The Village Council shall schedule a public hearing upon receipt of a resolution from the Planning Commission. Said hearing shall not be more than forty days from the receipt of said resolution. (Ord. 7-2009. Passed 5-7-09.)

1106.09 NOTICE OF PUBLIC HEARING.

   Notice of the public hearing required in Section 1106.08 shall be made prior to a resolution of the recommendation on the proposed amendment, and before adoption of such amendment by Village Council, with at least thirty days notice of the time and place of such hearing being given by one publication in a newspaper of general circulation in the Village.
(Ord. 7-2009. Passed 5-7-09.)

1106.10 NOTICE TO PROPERTY OWNERS.

   In addition to the requirements set forth in Section 1106.09 , the Village Fiscal Officer shall give notice of the time, place, and purpose of the public hearing to be held on proposed amendments, by mailing a postal card or letter notice, not less than twenty days prior to the date of the hearing, to all property owners lying within two hundred feet of any part of the property proposed to be changed.
   (a)   The failure to notify as provided for in this section, shall not invalidate any recommendation or resolution adopted by Village Council after the conduct of the public hearing. (Ord. 7-2009. Passed 5-7-09.)

1106.11 EFFECTIVE DATE OF AMENDMENT/RATIFICATION BY VILLAGE COUNCIL.

   When an amendment is adopted by Village Council, the amendment shall become effective thirty days after the passage of the Ordinance.
   (a)   In the event the Village Council’s recommendation differs from the recommendation of the Planning Commission, the affirmative vote of three-fourths of all members elected to Council shall be required for passage.
      (Ord. 7-2009. Passed 5-7-09.)

1107.01 GENERAL.

   This chapter stipulates the procedures that shall be followed in obtaining permits, certificates, and other legal or administrative approvals under this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.02 ZONING PERMITS REQUIRED.

   No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without first having a zoning permit and a zoning certificate of occupancy issued by the Administrator. Permits shall be issued only in conformity with the provisions of this Ordinance unless the Administrator receives a written resolution from the Board of Zoning Appeals deciding an appeal, conditional use, or variance, or a resolution from Village Council amending a decision made by the Board of Zoning Appeals. (Ord. 30-2007. Passed 12-20-07.)

1107.03 CONTENTS OF APPLICATION FOR ZONING PERMIT.

   The application for a zoning permit shall be made in writing on the appropriate form provided by the Village, signed by the owner or applicant attesting to the truth and accuracy of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two years. At a minimum, the application will contain the following information:
   (a)   Name, address and telephone number of the applicant.
   (b)   Legal description of property.
   (c)   Existing use.
   (d)   Proposed use.
   (e)   Zoning district.
   (f)   Plans in triplicate, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building or alteration.
   (g)   Building heights.
   (h)   Number of off-street parking spaces or loading berths and their layouts.
   (i)   Location and design of access drives.
   (j)   Number of dwelling units.
   (k)   If applicable, application for a sign permit or a conditional, special, or temporary use permit.
   (l)   The established permit fee.
   (m)   Such other documentation as may be necessary to determine conformance with this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1107.04 APPROVAL OF ZONING PERMIT.

   The Administrator shall:
   (a)   Within thirty days after the receipt of an application, either approve or disapprove the application strictly in conformance with the provisions of this Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within the limits established in Section 1107.03 of this Ordinance.
   (b)   One copy of the plans shall be returned to the applicant by the Administrator, after he has marked such copy either as approved or disapproved and attested to same by his signature on such copy.
   (c)   One copy of such plans, similarly marked, shall be a placard to be posted on a conspicuous place on the property being improved, attesting to the fact that the activity is in conformance with the provisions of this Ordinance.
      (Ord. 30-2007. Passed 12-20-07.)

1107.05 EXPIRATION OF ZONING PERMIT.

   The Administrator shall:
   (a)   If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire. It shall be revoked by the Administrator and written notice will be given to the persons affected.
   (b)   If the work described in any zoning permit has not been completed within two years of the date of issuance thereof, said permit shall be revoked by the Administrator. A written notice shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained and an extension granted.
      (Ord. 30-2007. Passed 12-20-07.)

1107.06 CERTIFICATE OF OCCUPANCY.

   It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a zoning certificate of occupancy has been issued by the Administrator stating that the proposed use for the building or land conforms to the requirements of this Ordinance. The issuance of the certificate in no way relieves the recipient from compliance with all requirements of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.07 TEMPORARY CERTIFICATE OF OCCUPANCY.

   A temporary zoning certificate of occupancy may be issued by the Administrator for a period not to exceed one year during alterations or partial occupancy of a building pending completion. (Ord. 30-2007. Passed 12-20-07.)

1107.08 RECORD KEEPING.

   The Administrator will maintain a record of all zoning permits and certificates of occupancy, approved and disapproved.
(Ord. 30-2007 . Passed 12-20-07.)

1107.09 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.

   Failure to obtain a zoning permit or certificate of occupancy shall be a punishable violation of this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1107.10 CONSTRUCTION AND USE AS PROVIDED IN APPLICATIONS, PLANS AND PERMITS.

   Zoning permits and zoning certificates of occupancy issued on the basis of approved applications and plans by the Administrator authorize only the use arrangement addressed in the approved plans, applications or amendments. Use, arrangement, or construction contrary to that authorized shall be considered a violation of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.11 VIOLATION COMPLAINTS.

   Whenever a violation of this Ordinance is alleged to have occurred, an individual may file a complaint with the Administrator. The Administrator will promptly conduct an investigation, record his findings and take appropriate action.
(Ord. 30-2007. Passed 12-20-07.)

1107.12 ENTRY AND INSPECTION OF PROPERTY.

   (a)   When a permit has been issued, the Administrator is authorized to enter properties and structures, under the following conditions, to insure compliance with this Ordinance.
      (1)   After obtaining permission from the owner or occupant to conduct the inspection.
      (2)   At a reasonable hour.
   (b)   In the event the owner or occupant refuses to grant permission for the inspection, the Administrator will seek the assistance of the Solicitor in securing a court order to gain entry to conduct the inspection.
(Ord. 30-2007. Passed 12-20-07.)

1107.13 STOP WORK ORDER.

   (a)   Whenever the Administrator has reasonable cause to believe that work is being performed contrary to this Ordinance, he shall issue a stop work order and post it on the property involved.
   (b)   Failure to immediately stop work, or removal of the stop work order, except by order of the Administrator, shall be a violation of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.14 PERMIT REVOCATION.

   The Administrator shall issue a written notice revoking any zoning permit found to have been issued based upon false information or misrepresentation in the application.
(Ord. 30-2007. Passed 12-20-07.)

1107.15 VIOLATION NOTICE.

   Whenever the Administrator has probable cause to believe that a violation of any provision of this Ordinance has occurred, a written warning notice shall be immediately issued. The notice shall:
   (a)   Identify the sections of this Ordinance suspected of being violated.
   (b)   Identify the time by which the violation must be corrected.
   (c)   Be personally served upon the person responsible for the property or left at the person's usual place of residence with a responsible person.
   (d)   In the event personal service cannot be accomplished, said notice can be served by certified mail, return receipt requested.
   (e)   In the event postal authorities cannot make delivery, posting a copy of the notice in a conspicuous place on the premises believed to be in violation, will cause service to be deemed complete.
      (Ord. 30-2007. Passed 12-20-07.)

1107.16 SUMMONS ON COMPLAINT.

   If a person is served with a "Notice of Violation", in accordance with Section 1107.15, or upon re-inspection following the issuance of said notice the condition has not been corrected, a Summons on Complaint shall be issued. The Summons on Complaint will be completed on the appropriate forms authorized by the Sandusky County Clerk of Courts for such purpose, and contain all information required by the appropriate court of record.
(Ord. 30-2007. Passed 12-20-07.)

1107.17 PENALTIES.

   It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, convert, change, move, or structurally alter any building or structure, or land in violation of any provision of this Ordinance or amendment thereto. Any person, firm or corporation who violates this Ordinance or fails to comply with any of its requirements, upon conviction, shall be fined not more than one hundred dollars and, shall pay all costs and expenses associated with prosecution of the violation. Each day a violation exists after receipt of a violation notice, shall be deemed a separate offense. (Ord. 30-2007. Passed 12-20-07.)

1107.18 ADDITIONAL REMEDIES.

   Nothing in this Ordinance shall abolish, impair or prevent other additional remedies as provided by law. In the event of a violation of any provision of this Ordinance, the Administrator on behalf of the Village, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation. (Ord. 30-2007. Passed 12-20-07.)

1107.19 ADMINISTRATION.

   Sections 1104.01 through 1106.11 establish the powers and duties of the Planning Commission, the Board of Zoning Appeals, Village Council and the Administrator with respect to the administration of the provisions of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.20 ENFORCEMENT.

   The formulation, administration, and enforcement of this Ordinance is vested in the following offices and bodies within the Village:
   (a)   Village Council
   (b)   Planning Commission
   (c)   Board of Zoning Appeals
   (d)   Zoning Administrator
(Ord. 30-2007. Passed 12-20-07.)

1107.21 ZONING ADMINISTRATOR.

   The Village Administrator or other representative designated by Village Council shall administer and enforce this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.22 RESPONSIBILITIES OF ZONING ADMINISTRATOR.

   For the purpose of this Ordinance, the Zoning Administrator shall have the following duties:
   (a)   Enforce the provisions of this Ordinance.
   (b)   Issue zoning permits and certificates of occupancy as provided for in this Ordinance.
   (c)   Keep accurate records of all zoning permits, certificates of occupancy and records of any special circumstances or conditions that exist.
   (d)   Act on all applications upon which he is authorized to act by the provisions of this Ordinance within a reasonable time and notify the applicant in writing of any refusal or disapproval of an application and clearly outline the reasons for said disapproval.
   (e)   Conduct inspections of buildings and land uses to determine compliance with this Ordinance.
   (f)   In the event violations of the Ordinance are observed, take immediate action by identifying and notifying in writing the person or persons responsible, outlining the nature of the violation and ordering corrective action within a specified time.
   (g)   Maintain a current Village zoning map which is to be kept on permanent display and accessible to the general public during business hours.
   (h)   Maintain permanent and accurate records required by this Ordinance, including but not limited to zoning permits, zoning certificates, reports of his inspections, records of variances, amendments and special uses.
   (i)   Review and take appropriate action on site plans pursuant to this Ordinance.
   (j)   Investigate complaints of any violations of this Ordinance and take appropriate action by issuing revocation notices, stop work orders, summons on complaint, or such other administrative or legal action as the situation requires.
   (k)   Prepare and submit an annual report to Village Council and the Planning Commission on the administration of this Ordinance.
   (l)   On a continuing basis, monitor the schedule of fees, established in Chapter 1126, to insure that they are adequate to cover the expenses incurred in administering this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1107.23 PLANNING COMMISSION.

   The Planning Commission consists of the Mayor, a member of Council and three citizens appointed by the Mayor, Section 1105.01. The main functions of the Planning Commission involve establishing and reviewing a Comprehensive Plan for the Village, and making recommendations to Council concerning special use permits, site plans, and changes in this Zoning Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1107.24 INTERPRETATION OF USES NOT FOUND IN THE ZONING ORDINANCE.

   In the case of a use that is not specifically mentioned in this Ordinance, the Planning Commission shall classify the use of a similar nature to a use that is already listed in the Ordinance. The use that is approved as a similar use, shall be recommended by the Commission for addition to the permitted uses in the zoning districts previously described in this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1107.25 BOARD OF ZONING APPEALS.

   The Board of Zoning Appeals consists of seven electors of the Village, Section 1104.01. The Board of Zoning Appeals shall hear variance appeals and determine whether or not to grant said appeals. Specific responsibilities of the Board of Zoning Appeals are found in Chapter 1104 of this Ordinance. (Ord. 30-2007. Passed 12-20-07.)

1107.26 SCHEDULES OF FEES.

   (a)   The Village Council shall, by ordinance, establish a schedule of fees for zoning permits, appeals, variances, conditional use permits, plan approvals, and other procedures and services required to administer and enforce this Ordinance. The fee schedule shall reflect the actual administrative costs, both direct and indirect. The schedule of fees shall be posted and accessible to the general public during regular business hours.
   (b)   The schedule of fees, found in Chapter 1126, will be reviewed by Council Finance Committee during the first regularly scheduled meeting in February of each year.
(Ord. 30-2007. Passed 12-20-07.)

1108.01 PURPOSE.

   In order to classify, regulate, and restrict the location of trades, residences, recreation, and other uses, and the buildings designed for special uses, to regulate and limit the height, bulk, number of stories, and size of buildings and other structures, hereafter erected or altered, to regulate and limit the percentage of lot area which may be occupied, setback building lines, size of yards, courts and open spaces within the buildings and surrounding such buildings, and the density of population.
(Ord. 30-2007. Passed 12-20-07.)

1108.02 DISTRICTS ESTABLISHED.

   The Village of Gibsonburg is hereby subdivided into the following districts:
   R-1   “Residential Districts” established for low to medium density single-family residences.
   R-2   “Residential Districts” established for medium density single and two-family residences.
   R-3   “Residential Districts” established for high density two and multiple family residences.
   C-1   “Business Office District” established for small businesses that provide goods and services primarily oriented to the daily or weekly needs of residents.
   C-2   “General Business District” established to provide areas for services required by the transient motoring public.
   C-3   “Core Business District” established for the preservation of the most prominent area of the Village - Downtown.
   M-1   “Manufacturing District” established for industrial manufacturing, assembly, material transfer and related activities, in which noise, odor, and other emissions produced are at minimum levels.
   M-2   “Manufacturing District” established for industrial manufacturing, assembly, material transfer and related activities, in which noise, odor, and other emissions are produced at nuisance levels.
      (Ord. 30-2007. Passed 12-20-07.)

1108.03 ZONING MAP.

   All districts and their boundary lines shall be indicated and are hereby established upon the Official Zoning Map, Village of Gibsonburg, which is on file in the Office of the Administrator and dated, and is hereby made a part of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1108.04 INTERPRETATION.

   All questions or conflicts concerning the exact location of zoning district boundaries shall be resolved by the Board of Zoning Appeals in accordance with Chapter 1104.
(Ord. 30-2007. Passed 12-20-07.)

1108.05 VACATED RIGHT-OF-WAY.

   When a public right-of-way is officially vacated, the districts adjoining each side thereof are respectively extended to the center of the right-of-way so vacated.
(Ord. 30-2007. Passed 12-20-07.)

1109.01 PRIMARY USES.

   Primary uses are authorized in the districts established in Chapter 1108 as shown by a “P” in the following table. Where the use is designated by an “S”, the use is permitted as a special use subject to the provisions outlined in Chapter 1110 of this Ordinance.
Use
R-1
R-2
R-3
C-1
C-2
C-3
M-1
M-2
Accounting and auditing services
 
 
S
P
P
P
 
 
Administrative and sales offices
 
 
S
P
P
P
S
 
Adult cabaret
 
 
 
 
 
 
S
P
Adult entertainment
 
 
 
 
 
 
S
P
Advertising services
 
 
 
P
P
P
S
 
Agricultural chemical manufacturing
 
 
 
 
 
 
S
S
Air freight terminals
 
 
 
 
 
 
S
P
Amphitheaters and auditoriums
 
 
 
 
S
S
P
P
Animal hospitals
 
 
 
 
S
S
P
P
Antique and novelty shops
 
 
 
P
P
P
 
 
Art School
 
 
S
P
P
P
 
 
Association and club offices
 
 
S
P
P
P
 
 
Attorney offices
 
 
S
P
P
P
 
 
Automotive repair
 
 
 
 
S
S
P
P
Auto storage (open)
 
 
 
 
 
 
S
 
Auto/marine sales and service
 
 
 
 
S
S
P
P
Automats, self-service car washes
 
 
 
 
P
P
S
 
Bakery/dairy 5,000 sq. ft. or less
 
 
 
S
P
P
 
 
Bakery/dairy 5,001 sq. ft. plus
 
 
 
 
S
 
P
P
Bakery products manufacturing
 
 
 
 
S
 
P
P
Banks, savings and loan, etc.
 
 
S
P
P
P
 
 
Beauty and barber services
 
 
S
P
P
P
 
 
Biological cleaning services
 
 
 
 
S
 
S
P
Biological supply manufacturing
 
 
 
 
S
 
S
P
Blueprint and photocopy services
 
 
 
P
P
P
P
P
Boarding and rooming houses
 
 
S
S
S
S
 
 
Book and newspaper publishing
 
 
 
S
S
S
P
P
Building product manufacturing
 
 
 
 
S
 
P
P
Building product storage
 
 
 
 
S
 
P
P
Bus and heavy motor repair facility
 
 
 
 
S
S
P
P
Bus and heavy vehicle storage
 
 
 
 
 
 
P
P
Business consulting services
 
 
 
P
P
P
 
 
Camera/photo studio shops
 
 
 
P
P
P
S
 
Canning and curing
 
 
 
S
S
S
P
P
Carpentry and sheet metal shops
 
 
 
 
S
S
P
P
Cellular communication towers
 
 
 
 
S
 
P
P
Chemical storage and distribution
 
 
 
 
S
 
S
S
Chiropractor offices
 
 
S
P
P
P
 
 
Churches
S
S
S
P
P
P
 
 
Clothing, shoe and tailor shops
 
 
 
P
P
P
 
 
Coal and fuel storage
 
 
 
 
 
 
S
S
Commercial disinfecting and cleaning
 
 
 
S
S
S
S
S
Commercial garaging of vehicles
 
 
 
 
S
 
S
S
Commercial laundry and dry cleaning
 
 
 
 
S
S
P
P
Convenience stores
 
 
S
P
P
P
 
 
Crop farms
 
 
 
 
 
 
S
S
Dairy farms
 
 
 
 
 
 
S
S
Dance halls, private lodges
 
 
 
S
S
S
S
 
Dentists offices
 
 
S
P
P
P
 
 
Detective and protective services
 
 
 
P
P
P
 
 
Dormitories
 
 
P
 
 
 
S
 
Drapery and appliance stores
 
 
 
P
P
P
 
 
Drive-in movies and amusement parks
 
 
 
 
S
 
S
 
Drug stores, 5,000 sq. ft. or less
 
 
P
P
P
P
 
 
Drug stores 5,001 sq. ft. plus
 
 
 
 
S
P
 
 
Electric and upholstery shops
 
 
 
P
P
P
 
 
Electrical equipment manufacturing
 
 
 
 
S
 
P
P
Emergency and charitable services
 
 
S
P
P
P
S
 
Employment and placement services
 
 
 
P
P
P
 
 
Engineering and architectural offices
 
 
 
P
P
P
S
 
Explosive material storage
 
 
 
 
 
 
 
S
Explosive ordnance processing
 
 
 
 
 
 
 
S
Explosive product manufacturing
 
 
 
 
 
 
 
S
Farm equipment sales and service
 
 
 
 
S
S
P
P
Fiber and clothing manufacturing
 
 
 
 
 
 
S
P
Firearm ammunition manufacturing
 
 
 
 
 
 
 
S
Fish cleaning, rendering
 
 
 
 
 
 
P
P
Florist shops
 
 
S
P
P
P
 
 
Food products manufacturing
 
 
S
S
S
 
P
P
Freight and transfer terminals
 
 
 
 
S
 
S
P
Fruit stands and greenhouses
 
 
S
 
S
P
P
P
Funeral home, mortuaries
 
 
 
S
S
S
 
 
General merchandise stores
 
 
S
P
P
P
S
 
Glassware and ceramics manufacturing
 
 
 
 
S
 
S
P
Go-cart and commercial race tracks
 
 
 
 
S
 
S
S
Golf courses
 
 
 
 
S
S
S
 
Governmental service buildings
S
S
S
S
S
S
S
S
Grain elevators and fertilizer mixing
 
 
 
 
S
 
S
P
Grain products rendering
 
 
 
 
 
 
S
P
Grocery stores 5,000 sq. ft. or less
 
 
S
P
P
P
 
 
Grocery stores 5,001 sq. ft. plus
 
 
 
 
S
P
 
 
Hardware, paint and glass stores
 
 
 
 
P
P
S
 
Health resorts/general resorts
 
 
 
 
P
P
 
 
Heavy machinery testing
 
 
 
 
 
 
S
P
Heavy manufacturing
 
 
 
 
 
 
 
P
Heavy metal fabrication
 
 
 
 
 
 
 
P
Home occupations
S
S
S
S
S
S
 
 
Hospitals, clinics, physician offices
 
 
S
P
P
P
 
 
Household goods stores
 
 
 
 
P
P
 
 
Household repair services
 
 
 
S
S
S
 
 
Incinerators, garbage landfills
 
 
 
 
 
 
 
S
Industrial warehousing
 
 
 
 
 
 
P
P
Inorganic chemical manufacturing
 
 
 
 
 
 
S
S
Instrument manufacturing
 
 
 
 
S
 
S
P
Insurance, real estate, title office
 
 
 
P
P
P
 
 
Labor, civic and fraternal organizations
 
 
 
P
S
P
 
 
Lapidary and watch repair
 
 
 
P
P
P
 
 
Laundry (self-service)
 
 
S
S
P
P
 
 
Libraries and museums
S
S
S
P
P
P
 
 
Light manufacturing
 
 
 
 
 
 
P
P
Linen supply and industrial laundry
 
 
 
 
S
S
P
P
Livestock and poultry farms
S
S
S
 
S
 
S
S
Livestock wholesale and storage
 
 
 
 
 
 
S
S
Lumber processing
 
 
 
 
S
 
S
P
Lumber sales and storage
 
 
 
 
S
S
P
P
Mailing services
 
 
S
P
P
P
S
S
Marine freight terminals
 
 
 
 
 
 
P
P
Meat rendering
 
 
 
 
 
 
S
S
Medical supply manufacturing
 
 
 
 
S
 
S
S
Microwave communication towers
 
 
 
 
S
 
S
S
Milk products manufacturing
 
 
 
 
S
S
P
P
Miscellaneous manufacturing
 
 
 
S
S
S
S
S
Mobile home parks
 
 
S
 
 
 
 
 
Mobile home sales and service
 
 
 
S
S
S
P
P
Motels, hotels, tourist centers
 
 
S
S
S
S
 
 
Movie theater, penny arcade
 
 
 
 
S
P
 
 
Multiple family dwellings
 
S
P
 
S
 
 
 
Music and dancing schools
 
 
S
P
P
P
 
 
Nursing homes
 
 
S
S
P
 
 
 
Office supply stores
 
 
 
P
P
P
 
 
Oil and natural gas wells
 
 
 
 
 
 
S
S
Organic chemical manufacturing
 
 
 
 
 
S
S
P
Orphanages, children’s homes
 
 
S
S
S
 
 
 
Paint manufacturing
 
 
 
 
 
 
S
P
Paper products manufacturing
 
 
 
 
 
 
S
P
Paperboard products manufacturing
 
 
 
 
 
 
S
P
Parks and playgrounds
P
P
P
P
P
P
S
S
Petroleum products processing
 
 
 
 
 
 
S
S
Photoengraving and electroplating
 
 
 
 
 
 
S
S
Physicians offices
 
 
S
P
P
P
 
 
Planned unit developments
S
S
S
S
S
S
S
S
Plastic product manufacturing
 
 
 
 
S
 
S
P
Pool halls, bowling alleys
 
 
 
S
P
P
S
 
Porcelain manufacturing
 
 
 
 
 
 
 
P
Poultry hatchery, fishery
 
 
 
 
 
 
S
P
Printing and publishing
 
 
S
S
S
S
P
P
Propane and volatile gas storage
 
 
 
S
S
S
S
S
Proprietary stores 5,000 sq.ft. or less
 
 
S
P
P
P
S
 
Proprietary stores 5,001 sq. ft. plus
 
 
 
 
S
P
 
 
Public offices
 
 
S
S
S
S
S
S
Public utility substations
 
 
 
 
S
 
P
P
Radio stations
 
 
 
S
S
S
 
 
Rail and bus terminals
 
 
 
S
S
S
S
S
Rail equipment manufacturing
 
 
 
 
 
 
 
P
Rail freight, switching yards
 
 
 
S
S
S
P
P
Restaurants
 
 
S
P
P
P
 
 
Retail warehousing and storage
 
 
 
S
S
S
P
P
Riding stables
 
 
 
 
S
 
 
 
Rubber product manufacturing
 
 
 
 
 
 
S
S
Sanitariums
 
 
S
 
S
 
 
 
Schools (all levels)
S
S
S
S
S
S
S
S
Service stations
 
 
 
S
S
S
 
 
Shoe and hat shops
 
 
 
P
P
P
 
 
Sign and die cut products
 
 
 
S
S
S
P
P
Single family dwelling
P
P
S
S
S
S
 
 
Skating, miniature golf
 
 
 
S
P
P
 
 
Slaughterhouses
 
 
 
 
 
 
 
S
Soft drink and bottling works
 
 
 
 
S
 
P
P
Sporting goods stores
 
 
 
 
P
P
 
 
Stadium, fairgrounds, athletic fields
S
S
S
S
S
S
 
 
Stationery, book, jewelry stores
 
 
 
S
P
P
 
 
Taverns, nightclubs, liquor retail
 
 
 
S
P
P
 
 
Telegraph, telephone exchanges
S
S
S
S
S
S
S
S
Television stations
 
 
 
P
P
P
 
 
Tennis, swimming clubs
 
 
S
S
S
P
 
 
Trade schools
S
S
S
S
S
S
S
S
Trailer camps and travel trailer parks
 
 
 
 
S
P
 
 
Transient and boarding houses
 
S
P
P
P
 
 
 
Travel and ticket offices
 
 
 
P
P
P
 
 
Truck stops
 
 
 
 
 
S
P
P
Transmission towers
S
S
S
S
S
S
S
S
Two family dwelling
S
P
P
S
S
S
 
 
Utility service office
 
 
S
P
P
P
 
 
Veterinarian offices
 
 
S
S
S
S
P
P
Wildlife reserves
S
S
S
S
S
S
 
 
Wholesale distributing
 
 
 
 
S
P
P
P
YMCA, YWCA
S
S
S
S
S
S
 
 
 
(Ord. 12-2012. Passed 11-7-12.)
 
 

1110.01 PERMITTED USES.

   A building or lot within any R-1 Residential District shall be used for the following purposes:
   (a)   Single family dwelling.
   (b)   Accessory buildings and uses customarily incidental to any permitted uses.
   (c)   Foster homes.
   (d)   Adult care facilities as defined and regulated in Ohio R.C. Chapter 3722.
   (e)   Public uses.
   (f)   Any other use deemed by the Planning Commission to be similar to those listed above.
      (Ord. 30-2007. Passed 12-20-07.)

1110.02 SPECIAL USES.

   The following uses may be approved in accordance with Chapter 1105.
   (a)   Non-commercial recreational facilities.
   (b)   Churches or places of religious worship.
   (c)   Home occupations.
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1110.03 LOT AND YARD SIZES.

   A dwelling within any “R-1" Residential District shall conform to the following yard dimensions.
   (a)   There shall be a front yard having a depth of not less than 35 feet, provided, however, that no front yard depth shall be required to exceed the average depth of existing front yards on the lots adjacent on each side.
   (b)   There shall be provided side yards of not less than 10 feet each.
   (c)   There shall be a rear yard having a depth of not less than 20 feet.
   (d)   The minimum lot area shall be 7,500 feet, with a minimum width of not less than 75 feet.
   (e)   Accessory structures may not be located closer to a public right-of-way than the principal structure. Accessory structures shall also not be located closer than 10 feet from any property line.
      (Ord. 30-2007. Passed 12-20-07.)

1110.04 MINIMUM DWELLING AREA.

   No dwelling unit shall have a living area of less than 1,200 square feet of gross floor area exclusive of garages, porches, balconies, or outside enclosures.
(Ord. 30-2007. Passed 12-20-07.)

1110.05 HEIGHT RESTRICTIONS.

   A building within any "R-l" Residential District shall conform to the following height restrictions.
   (a)   No principal building shall exceed 35 feet in height.
   (b)   No accessory building shall exceed 25 feet in height.
   (c)   No accessory building shall exceed the height of the principal building.
(Ord. 30-2007. Passed 12-20-07.)

1111.01 PERMITTED USES.

   A building or lot within any R-2 Residential District shall be used for the following purposes:
   (a)   Two family dwellings.
   (b)   Single family dwellings.
   (c)   Foster homes.
   (d)   Adult care homes as defined and regulated in Ohio R.C. Chapter 3722.
   (e)   Public uses.
   (f)   Any other use deemed by the Planning Commission to be similar to those listed above. (Ord. 30-2007. Passed 12-20-07.)

1111.02 SPECIAL USES.

   The following uses may be approved in accordance with Chapter 1105.
   (a)   Outdoor commercial and non-commercial recreational facilities.
   (b)   Child care facilities.
   (c)   Churches or places of religious worship.
   (d)   Home occupations
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1111.03 LOTS AND YARD SIZES.

   A dwelling within any "R-2" Residential District shall conform to the following yard dimensions.
   (a)   There shall be a front yard having a depth of not less than 35 feet, provided, however, that no front yard depth shall be required to exceed the average depth of existing front yards on the lots adjacent on each side.
   (b)   There shall be provided side yards of not less than 10 feet each.
   (c)   There shall be a rear yard having a depth of not less than 20 feet.
   (d)   The minimum lot area shall be 7,500 feet, with a minimum width of not less than 75 feet.
   (e)   Accessory structures may not be located closer to a public right-of-way than the principal structure. Accessory structures shall also not be located closer than 10 feet from any property line. (Ord. 30-2007. Passed 12-20-07.)

1111.04 MINIMUM DWELLING AREA.

   No dwelling shall have a living area of less than 1,000 square feet of usable floor area.
(Ord. 30-2007. Passed 12-20-07.)

1111.05 HEIGHT RESTRICTIONS.

   A building within any "R-2" Residential District shall conform to the following height restrictions.
   (a)   No principal building shall exceed 35 feet in height.
   (b)   No accessory building shall exceed 25 feet in height.
   (c)   No accessory building shall exceed the height of the principal building.
(Ord. 30-2007. Passed 12-20-07.)

1112.01 PERMITTED USES.

   A building or lot within any R-3 Residential District shall be used for the following purposes:
   (a)   Multiple family dwellings.
   (b)   Two family dwellings.
   (c)   Foster homes.
   (d)   Adult care facilities as defined and regulated in Ohio R.C. Chapter 3722.
   (e)   Accessory buildings and uses customarily incidental to any of the permitted uses.
   (f)   Public uses.
   (g)   Any other use deemed by the Planning Commission to be similar to those listed above. (Ord. 30-2007. Passed 12-20-07.)

1112.02 SPECIAL USES.

   The following uses may be approved in accordance with Chapter 1105.
   (a)   Child care facility.
   (b)   Health facility.
   (c)   Recreation facility.
   (d)   Nursing home.
   (e)   Home occupations.
   (f)   Congregate housing.
   (g)   Outdoor commercial and non-commercial recreation facilities.
   (h)   Churches or places of religious worship.
   (i)   Outdoor vending machines.
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1112.03 LOT AND YARD SIZES.

   A dwelling within any “R-3" Residential District shall conform to the following yard dimensions:
   (a)   There shall be a front yard having a depth of not less than 35 feet, provided, however, that no front yard depth shall be required to exceed the average depth of existing front yards on the lots adjacent on each side.
   (b)   There shall be provided a total side yard of not less than 20 feet, with a minimum side yard of any building not less than ten percent (10%) of lot width.
   (c)   There shall be a rear yard having a depth of not less than 30 feet.
   (d)   Maximum density shall not exceed 8 dwellings per acre.
   (e)   Accessory structures may not be located closer to a public right-of-way than the principal structure. Accessory structures shall also not be located closer than 20 feet from any property line.
      (Ord. 30-2007. Passed 12-20-07.)

1112.04 MINIMUM DWELLING AREA.

   In multiple family residences, each dwelling unit must contain a bathroom and the following usable floor areas:
   (a)   Efficiency suites - 600 square feet.
   (b)   One bedroom suites - 700 square feet.
   (c)   Two bedroom suites - 800 square feet.
   (d)   Three bedroom suites - 1,000 square feet.
(Ord. 30-2007. Passed 12-20-07.)

1112.05 HEIGHT RESTRICTIONS.

   A building within any "R-3" Residential District shall conform to the following height restrictions.
   (a)   No principal building shall exceed 35 feet in height.
   (b)   No accessory building shall exceed 25 feet in height.
   (c)   No accessory building shall exceed the height of the principal building.
(Ord. 30-2007. Passed 12-20-07.)

1113.01 PURPOSE.

   The Business Office District is established to allow general commercial business and office activities in areas of high accessibility.
(Ord. 30-2007. Passed 12-20-07.)

1113.02 PERMITTED USES.

   A building or lot within the C-l District may be used only for the following purposes:
   (a)   Retail sales whose primary customers are area residents. Acceptable sales activities include drug, food, carryout, and convenience stores which carry a variety of goods.
   (b)   Restaurants not including drive-up or drive-through facilities.
   (c)   Business, finance, professional, medical clinics, doctor/dental offices, and consulting offices.
   (d)   Laundromats.
   (e)   Public uses.
   (f)   Funeral home.
   (g)   Barber shops, beauty salons and tanning establishments.
   (h)   Florists.
   (i)   Churches or places of religious worship.
   (j)   Accessory uses customarily incidental to any permitted uses.
   (k)   Off-street parking lots.
   (l)   Any other use deemed by the Planning Commission to be similar to those listed above. (Ord. 30-2007. Passed 12-20-07.)

1113.03 SPECIAL USES.

   The following uses may be approved in accordance with Chapter 1105.
   (a)   Private clubs.
   (b)   Art and photography studios.
   (c)   Dance or music studios.
   (d)   Non-commercial recreational facilities.
   (e)   Child care facilities.
   (f)   Adult day care facilities.
   (g)   Outdoor vending machines.
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1113.04 LOT AND YARD SIZES.

   A structure within any “C-1" Business Office District shall conform to the following yard dimensions:
   (a)   There shall be a front yard having a depth of not less than 30 feet.
   (b)   There shall be a total side yard of not less than 20 feet.
   (c)   There shall be a rear yard having a depth not less than 20 feet.
   (d)   There shall be no minimum lot size.
   (e)   Accessory structures may not be located closer to a public right-of-way than the principal structure. Accessory structures shall not be located closer than 5 feet from any property line.
      (Ord. 30-2007. Passed 12-20-07.)

1113.05 HEIGHT RESTRICTIONS.

   Maximum height of any building shall be 35 feet.
(Ord. 30-2007. Passed 12-20-07.)

1114.01 PURPOSE.

   Uses in the "General Business District" are to provide goods and services to the transient motoring public. (Ord. 30-2007. Passed 12-20-07.)

1114.02 PERMITTED USES.

   A commercial structure in the C-2 District may be used only for the following purposes:
   (a)   Restaurants.
   (b)   Business offices.
   (c)   Financial institutions.
   (d)   Medical clinics, doctor's offices, dental offices.
   (e)   Private clubs and lodges.
   (f)   Business and technical schools.
   (g)   Research laboratories.
   (h)   Public uses.
   (i)   Off-street parking lots.
   (j)   Churches and places of religious worship.
   (k)   Funeral homes.
   (l)   Residences on the second or third floor of commercial structures.
   (m)   Accessory buildings and uses customarily incidental to any of the permitted uses.
   (n)   Any other use deemed by the Planning Commission to be similar to those listed above.
      (Ord. 12-2012. Passed 11-7-12.)

1114.03 SPECIAL USES.

   The following special uses may be approved in accordance with Chapter 1105.
   (a)   Child care facility.
   (b)   Self-service storage facilities.
   (c)   Outdoor vending machines.
   (d)   Communication facilities.
   (e)   Light warehousing.
(Ord. 30-2007. Passed 12-20-07.)

1114.04 LOT AND YARD SIZES.

   Refer to Chapter 1110 for adjustments to required yard dimensions.
   (a)   There shall be a front yard having a depth of not less than 20 feet.
   (b)   No side yards are required except when a lot abuts a residential district; in such instance, the side yard requirements of the R-1 Residential District will apply.
   (c)   No rear yards are required except when a lot abuts a residential district; in such instance, the side yard requirements of the R-l Residential District will apply.
   (d)   There is no minimum lot size.
   (e)   Accessory structures may not be located closer to a public right-of-way than the principal structure. (Ord. 30-2007. Passed 12-20-07.)

1114.05 HEIGHT RESTRICTIONS.

   No building shall exceed 35 feet in height.
(Ord. 30-2007. Passed 12-20-07.)

1115.01 PURPOSE.

   The purpose of the "Core Business District" is to characterize and protect one of the Village's oldest and most cherished areas, Downtown. As the name implies, there is and can be only one "Core Business District". The uses have been designed with the intention of legitimizing existing uses so their continued operation and the overall character of the District might be preserved. (Ord. 30-2007. Passed 12-20-07.)

1115.02 PERMITTED USES.

   Any structure or lot within the C-3 District will be used only for the following purposes:
   (a)   Specialized retail shops, including wearing apparel, shoe shops, antique shops, jewelry stores, gift shops, bookstores (excluding adult book stores), florist shops, photography studios, barber shops, beauty salons, and drug stores.
   (b)   Printing shops providing they have a sales or retail component on the premises.
   (c)   Repair services or businesses, including bicycles, guns, television and radio, consumer electronics, home appliances, and watches, providing they have a retail component on the premises.
   (d)   General service and repair establishments.
   (e)   Private clubs and lodges.
   (f)   Public uses.
   (g)   Restaurants, provided that no service is provided to drive-up customers.
   (h)   Laundromats and dry cleaning businesses.
   (i)   Banks and other financial institutions.
   (j)   Barber shops, beauty salons, tanning establishments.
   (k)   Bakeries and candy shops, providing they have a retail component.
   (l)   Night clubs and lounges, excluding those that provide adult entertainment.
   (m)   Any other use deemed by the Planning Commission to be similar to those listed above.
      (Ord. 30-2007. Passed 12-20-07.)

1115.03 SPECIAL USES.

   The following uses may be approved in accordance with Chapter 1105.
   (a)   Amusement arcades.
   (b)   Theaters.
   (c)   Convenience food stores.
   (d)   Child care facilities.
   (e)   Gasoline service stations.
   (f)   Outdoor vending machines.
   (g)   Open air restaurants.
   (h)   Apartments, providing no space for residential use will occupy a store front.
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1115.04 LOT AND YARD SIZES.

   (a)   No front yards are required in this District.
   (b)   No side yards are required in this District.
   (c)   No rear yards are required in this District.
   (d)   There is no minimum lot size for this District.
   (e)   Accessory uses or structures may not be located closer to a public right-of-way than the principal structure. (Ord. 30-2007. Passed 12-20-07.)

1115.05 HEIGHT RESTRICTIONS.

   No building shall exceed 35 feet in height.
(Ord. 30-2007. Passed 12-20-07.)

1116.01 PURPOSE.

   The M-l District permits the manufacture, assembly, storage or transfer activities in which the nature of the operation produces a minimum of noise, smoke, airborne particulates, and dust.
(Ord. 30-2007. Passed 12-20-07.)

1116.02 PERMITTED USES.

   Manufacturing and assembly processes in which the materials, equipment, and process used are moderately quiet and free of objectionable and hazardous elements. Light manufacturing activities will consist of the activities listed below or those of a similar nature:
   (a)   Electronic equipment and components.
   (b)   Small appliance manufacturing.
   (c)   Lumber storage and dealers.
   (d)   Warehouses.
   (e)   Printing and publishing companies.
   (f)   Grain and feed dealers.
   (g)   Bottling and canning facilities.
   (h)   Major automotive and truck repair facilities.
   (i)   Paper products manufacturing.
   (j)   Pharmaceutical manufacturing facilities.
   (k)   Commercial research and testing laboratories.
   (l)   Wholesale distribution facilities.
   (m)   Contractor supply and office operations.
   (n)   Agricultural product distribution.
   (o)   Commercial laundry and dry cleaning operations.
   (p)   Accessory uses and buildings customarily incidental to any permitted uses.
   (q)   Any other use deemed by the Planning Commission to be of similar nature to those identified in this section. (Ord. 30-2007. Passed 12-20-07.)

1116.03 SPECIAL USES.

   The following uses may be approved in accordance with Chapter 1105.
   (a)   Truck freight distribution terminals.
   (b)   Railroad yards.
   (c)   Retail warehouse operations.
   (d)   Dairy processing facilities. (Not confined animal feeding operations)
   (e)   Commercial dyeing operations.
   (f)   Textile manufacturing.
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1116.04 LOT AND YARD SIZES.

   (a)   There shall be a minimum front lot line setback of 40 feet.
   (b)   There shall be no side yard required in the M-l District, except when the lot abuts a residential district, the minimum side yard shall be 75 feet.
   (c)   No rear yard shall be required in the M-l District, except when the lot abuts a residential district, the minimum rear yard shall be 75 feet.
   (d)   There shall be no minimum lot size in the M-I District.
   (e)   Accessory structures may not be located closer to a public right -of-way than the principal structure.
   (f)   Accessory structures may not be located closer than 40 feet from any residential lot line. (Ord. 30-2007. Passed 12-20-07.)

1116.05 HEIGHT RESTRICTIONS.

   No building shall exceed 35 feet in height, except under the following circumstances:
   (a)   All required yard sizes identified in Section 1116.04 will be increased by one foot for each foot of building height beyond 35 feet.
   (b)   No site plan will be approved which includes buildings beyond 35 feet in height, unless it is established by the Planning Commission and Village emergency services personnel have been consulted to allow them the ability to properly address emergency situations as they concern fire and rescue.
      (Ord. 30-2007. Passed 12-20-07.)

1117.01 PURPOSE.

   The M-2 District permits general heavy manufacturing and industrial assembly activities which may or may not generate noise, dust, airborne particulates and smoke.
(Ord. 30-2007. Passed 12-20-07.)

1117.02 PERMITTED USES.

   Manufacturing, assembly and industrial processing in which the materials, equipment, and process used may generate noise and possess other objectionable elements. Heavy manufacturing activities will consist of the activities listed below or those of a similar nature.
   (a)   Any use permitted in an "M-1" district.
   (b)   Major freight transportation or transfer facility.
   (c)   Waste disposal or incineration facility.
   (d)   Industrial manufacturing facility.
   (e)   Industrial assembly facility.
   (f)   Commercial recycling or extraction facility.
   (g)   Commercial plating and powder coating operations.
   (h)   Railroad yards and terminal facilities.
   (i)   Dairy processing facilities. (Not confined animal feeding operations)
   (j)   Accessory uses and buildings customarily incidental to any permitted uses.
   (k)   Any other use deemed by the Planning Commission to be of similar nature to those identified in this section.
      (Ord. 30-2007. Passed 12-20-07.)

1117.03 SPECIAL USES.

   All processes, which by their very nature, emit excessive noise, smoke, airborne particulates, odors or presents a high risk of explosion, contamination or fire must be approved as a special use following the guidelines established in Chapter 1105.
   The following are examples of facilities that would be classified as a special use:
   (a)   Petroleum processing and storage facilities.
   (b)   Chemical manufacturing facilities.
   (c)   Facilities that manufacture or assemble explosive ordnance.
   (d)   Industrial waste disposal, processing or transfer facilities.
   (e)   Scrap metal recycling and processing facilities.
   (f)   Ethanol processing facilities.
   (g)   Livestock handling and processing facilities.
   (h)   Cement and asphalt manufacturing and processing facilities.
            Refer to table in Chapter 1109
(Ord. 30-2007. Passed 12-20-07.)

1117.04 LOT AND YARD SIZES.

   (a)   There shall be a minimum front lot line set back of 40 feet.
   (b)   There shall be no side yard required in the M-2 District, except when a lot abuts a residential district, the minimum side yard shall be 75 feet.
   (c)   There shall be no rear yard requirement in the M-2 District, except when a lot abuts a residential district, the minimum yard shall be 75 feet.
   (d)   There shall be no minimum lot size in the M-2 District.
   (e)   Accessory structures may not be located closer to a public right-of-way than the principal structure. (Ord. 30-2007. Passed 12-20-07.)

1117.05 HEIGHT RESTRICTIONS.

   No building shall exceed 35 feet in height, except under the following circumstances:
   (a)   All required yard sizes identified in Section 1117.04 will be increased by one foot for each foot of building height beyond 35 feet.
   (b)   No site plan will be approved which includes buildings beyond 35 feet in height, unless it is established by the Planning Commission and Village emergency services personnel have been consulted to allow them the ability to properly address emergency situations as they concern fire and rescue.
      (Ord. 30-2007. Passed 12-20-07.)

1117A.01 INTENT.

   The Clearview Industrial Park District is established to provide an aesthetically pleasing working environment exclusively for and conducive to certain specialized manufacturing establishments, wholesale and warehouse storage operations, research and development institutions and offices, all of which are of a non-nuisance type and developed in a park-like setting.
(Ord. 18-2014. Passed 11-6-14.)

1117A.02 PURPOSE.

   (a)    Preserve existing natural resources and give proper consideration to the physical
constraints of the land;
   (b)   Provide for safe and efficient vehicular and pedestrian circulation and off-street parking and loading;
   (c)    Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and the minimum adverse effect on surrounding property through the use of judicious landscaping and buffering;
   (d)    Develop proper safeguards to minimize soil erosion and sedimentation, air and water pollution and noise levels;
   (e)    Ensure the provision of adequate water supply, drainage and storm water management, sanitary facilities and other utilities and services; and
   (f)   Encourage modern and innovative design, construction, technology and planning
methods. (Ord. 18-2014. Passed 11-6-14.)

1117A.03 PERMITTED USES.

   In the Clearview Industrial Park District no building or land shall be used, and no building shall be erected, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:
   (a)    Manufacturing, distribution, warehousing, and assembly of the following processes and products:
      (1)    Fabrication, stamping, extrusion, welding, finishing, polishing and assembly of products produced from polymers, paper, rubber, wood and metal, and chemicals;
   (b)    Professional, administrative, financial, medical, executive, governmental and public utility offices;
   (c)    Permitted incidental and accessory uses, including garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company's plant and machinery located therein; off-street parking and loading facilities as provided in Section 1117A.07; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site;
   (d)    Uses determined by the Planning Commission after public hearing to be similar to those permitted above in terms of noise, odors, traffic generation, hours of operation, etc. (Ord. 18-2014. Passed 11-6-14.)

1117A.04 PROHIBITED USES.

   The following operations and uses are prohibited in Clearview Industrial Park (Ml-IP) Districts:
   (a)   Residential uses of any type;
   (b)   Jail or honor farms;
   (c)   Labor or migrant worker camps;
   (d)   New or used car sales lots;
   (e)   Automobile, go-cart, motorcycle or other vehicle endurance or race tracks;
   (f)   Cemeteries;
   (g)   All retail uses except the sale of food in employee cafeterias;
   (h)   Outdoor storage of used construction materials;
   (i)   A business that is primarily involved in automobile, bus and truck repair operations; and
   (j)    Self-service storage and mini warehouses;
   (k)    Slaughterhouse.
      (Ord. 18-2014. Passed 11-6-14.)

1117A.05 SITE DEVELOPMENT REGULATIONS.

   The following site development regulations shall apply in Clearview Industrial Park Districts:
   (a)    Lot Width. The minimum site width shall be 100 feet at the front yard setback line.
   (b)    Building Setback from Street Right of Way. The minimum setback for lots that abut arterial streets is thirty feet. The minimum setback for lots that abut industrial roads is twenty-five feet.
   (c)    Building Setback from Side Lot Lines. The minimum setback for lots that are within or adjoin nonresidential districts is ten feet.
   (d)    Building Setback from Rear Lot Line. The minimum setback for lots that are within or adjoin nonresidential districts is ten feet.
   (e)    Maximum Coverage by Buildings. The maximum site coverage by all buildings shall be fifty percent (50%), size of building to lot.
   (f)    Height. The maximum height for all buildings in the Clearview Industrial Park District shall not exceed fifty feet.
      (Ord. 18-2014. Passed 11-6-14.)

1117A.06 LANDSCAPING.

   (a)    General Requirements. Landscaping shall be required as follows. The area required to be landscaped shall be planted within twelve months from the date of the issuance of a certificate of occupancy and thereafter reasonably maintained with permanent plantings and materials.
   (b)    Site Planting Requirements.
      (1)    The unpaved or unimproved portions ofthe required front yards, side yards, rear yards and other open spaces of the site not in a natural wooded state or in which the natural state has been disturbed by grading or filling, shall be landscaped with sod, grass or other horticultural materials.
      (2)    A landscaped buffer of fence or hedge shall be as follows:
         A.    Screening of trash disposal. Trash and/or garbage collection areas shall be enclosed in a dumpster house if not within an enclosed building or structure.
         B.    Screening of stored materials shall be of sufficient height to screen the view of said material.
      (3)    Outdoor eating and recreation areas for employees may be included in the required landscaped area.
         (Ord. 18-2014. Passed 11-6-14.)

1117A.07 CIRCULATION AND OFF-STREET PARKING.

   Off-street parking and loading facilities shall be required for all permitted and accessory uses in Clearview Industrial Park Districts in accordance with this chapter. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and design standards as set forth in this chapter. In addition, all parking areas, roads, drives and others access areas must be surfaced with concrete or asphalt.
   (a)    Required Off-Street Parking. Minimum parking requirements for selected uses permitted in the Clearview Industrial Park Districts shall be as follows:
      (1)    For medical, professional and general business offices, the minimum parking requirement shall be one space for each 300 square feet of gross floor area.
      (2)    For research and development, manufacturing and distribution services, the minimum parking requirement shall be one space for each 400 square feet of gross floor area.
      (3)    For storage and warehousing uses, the minimum parking requirement shall be one space for each employee on the largest shift for which the building is designed. One space shall be provided for each business vehicle.
   (b)    Design of Off-Street Parking Areas. The design and maintenance of off-street parking areas shall be as follows:
      (1)    Setback from street right of way. The minimum setback for parking areas that abut arterial streets is fifteen feet. The minimum setback for parking areas that abut industrial roads is thirty feet.
      (2)    Setback from side lot lines. The minimum setback for parking areas that adjoin nonresidential districts is ten feet.
      (3)    Setback from rear lot line. The minimum setback for parking areas that adjoin nonresidential districts is ten feet.
      (4)    Drainage. Driveways shall not exceed a grade of four percent (4%) and all parking lots shall be graded according to a drainage plan approved by the Administrator.
      (5)    Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.
      (6)    Distance of vehicles from property line. All off-street parking areas shall be so designed and constructed that no part of any vehicle parked therein shall be nearer than ten feet from the property line.
      (7)    Landscaping. All off-street parking areas shall be landscaped and screened in accordance with Section 1140.06.
      (8)    Driveways. Access driveways shall not be closer than sixty feet between centerlines. The centerline of a driveway on a corner lot shall not be closer than forty feet to the intersecting street line.
      (9)    The junction of the driveway with the street pavement shall be extended on each side at a radius of at least fifteen feet to form an apron. The maximum curb cut shall be limited to the width of the driveway plus the radii of the apron. The intersection between the driveway and all sidewalks shall be designed so that there is no difference in the elevation between them.
      (10)    Parking space measurement standards. Each parking space shall be directly accessible from a drive or aisle and shall have a minimum rectangular dimension of not less than ten feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking; and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas and determined from an accurate plan of the area.
   (c)    Off-Street Loading and Unloading Areas. The design, required number and maintenance of off-street loading and unloading areas shall be as follows:
      (1)    Size. A required loading berth shall be not less than ten feet in width, sixty-five feet in length and fourteen feet in height, exclusive of aisle and maneuvering space.
      (2)    Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner that will least interfere with traffic.
      (3)    Surfacing. All loading berths and access ways shall be surfaced with concrete or asphalt.
      (4)    Accessory use. No space allocated as a loading berth or access drive so as to comply with the terms of this chapter shall be used for the storage of goods or inoperable vehicles or be included as part of the space requirements necessary to meet the off-street parking area standards.
      (5)    Required loading berths. The required number of loading berths shall be as follows:
         A.    Offices, research and development laboratories and testing offices having 5,000 to 10,000 square feet of floor area shall have one off- street loading berth, plus one additional berth for each additional 10,000 or fraction above 5,000 square feet of floor area.
         B.    Manufacturing, fabrication, processing, warehousing, storage, servicing or similar establishments having 5,000 to 30,000 square feet of floor area shall have one loading berth sixty-five feet in length, plus one additional sixty-five foot berth for each 20,000 square feet of additional floor area or fraction thereof.
            (Ord. 18-2014. Passed 11-6-14.)

1117A.08 SIGNS AND OUTDOOR LIGHTING.

   (a)    On premise sign shall be at ground level.
   (b)    Exterior spot lighting is permissible, but only if shielded so as to direct the light to the sign only.
   (c)    Signs requiring a permit:
      (1)    One freestanding sign to identify the Industrial Park not to exceed thirty- two square feet in area;
      (2)    One freestanding sign per zone lot regardless of how many businesses are conducted on said zone lot, identifying the building occupation, establishment or use not to exceed thirty-two square feet in area;
      (3)    One wall sign for each business not to exceed thirty-two square feet in area.
         (Ord. 18-2014. Passed 11-6-14.)

1117A.09 PERFORMANCE STANDARDS.

   All uses within Clearview Industrial Park Districts shall comply with the Ohio EPA and OSHA regulations relating to this matter.
(Ord. 18-2014. Passed 11-6-14.)

1118.01 PURPOSE.

   The vast majority of land use covered by this Ordinance has been grouped based on compatibility and function, and each group is permitted outright in one or more of the various districts that have been established. In addition to permitted uses, there are other uses which may be necessary or desirable to allow, but because of their potential impact on other property, they require particular and individual evaluation prior to being located in the district. Such uses shall be known as "Special Uses" for the purpose of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1118.02 PROCEDURE FOR OBTAINING A SPECIAL USE PERMIT.

   (a)   The owner of any property or his agent may apply for a Special Use permit by filing an application with the Zoning Administrator. The Zoning Administrator shall fully review the application to insure that it is complete. Once it is determined that the application is complete, the Zoning Administrator shall transmit copies of the application to members of the Planning Commission so they may act. In the event all necessary information is not contained in the application, the Zoning Administrator will promptly notify the applicant of the information needed.
   (b)   Within thirty days of receiving a properly completed application, the Planning Commission will hold a public hearing. Notice of such hearing shall be made in one newspaper of general circulation in the Village at a minimum of ten days before the date of the hearing. The notice shall set forth the time and place of the hearing, and provide a summary explanation of the proposed Special Use. A sign of general notice shall also be posted on the property for which the Special Use permit has been requested.
   (c)   Following the hearing, but within thirty days, the Planning Commission shall make a decision, and the applicant will be informed of said decision in writing.
(Ord. 30-2007. Passed 12-20-07.)

1118.03 APPEAL OF RULING ON SPECIAL USE PERMIT.

   A decision rendered by the Planning Commission may be appealed by any interested party within thirty days following the final ruling. The appeal must be filed with the Sandusky County Court of Common Pleas. (Ord. 30-2007. Passed 12-20-07.)

1118.04 GENERAL SPECIAL USE STANDARDS.

   The Planning Commission will review the facts and circumstances of each proposed Special Use to determine the following:
   (a)   Is said use in fact a Special Use as established for the particular zoning district?
   (b)   Will the Special Use meet the general objectives of the Comprehensive Plan?
   (c)   Is designed, constructed, operated, and would be maintained so as to be harmonious with the existing character of the district and that use will not conflict with the general character of said district.
   (d)   Will not create a hazard to existing neighborhood uses.
   (e)   Will not impair future essential development of the neighborhood.
   (f)   Adequate services can be obtained by existing public utilities and services.
   (g)   Will not involve uses that in any way could be characterized as detrimental to the general welfare or safety of persons or property within the district.
      (Ord. 30-2007. Passed 12-20-07.)

1118.05 SUPPLEMENTARY CONDITIONS FOR SPECIAL USES.

   In granting approval of a Special Use permit, the Planning Commission may mandate appropriate conditions in conformance with this Ordinance. Any violation of these conditions, when made a part of the terms under which the permit was issued, and are properly recorded in the Planning Commission resolution of authorization, will be deemed a punishable violation of this Ordinance, and could result in immediate revocation of the permit.
   Examples of appropriate conditions include, but are not limited to the following:
   (a)   Increased yard requirements.
   (b)   Limits on the location and limitations on signs.
   (c)   Limits on the location of parking areas.
   (d)   Increased size of buffer areas in relationship to adjacent properties.
   (e)   Limits on the size and location of exterior lighting.
      (Ord. 30-2007. Passed 12-20-07.)

1118.06 EXPIRATION OF SPECIAL USE PERMIT.

   (a)   A resolution shall authorize only one special use, and the permit will automatically expire if said special use has not been implemented within one year of the date on which the permit was issued.
   (b)   In the event the authorized special use for which a permit has been issued ceases operation, the special use permit shall immediately expire.
(Ord. 30-2007. Passed 12-20-07.)

1119.01 PURPOSE.

   The purpose of this section is to establish specific regulations and conditions for various uses in areas where problems frequently occur. (Ord. 30-2007. Passed 12-20-07.)

1119.02 CONVERSION OF DWELLINGS.

   A single family residence shall not be converted to accommodate an increased number of dwelling units except under the following conditions:
   (a)   The yard dimensions meet the yard dimensions required by this Ordinance for new structures in that district.
   (b)   The lot area per dwelling is equal to the lot area requirements for new structures in that district.
   (c)   The floor area per dwelling unit is equal to that which is required for new construction in that district.
   (d)   The conversion takes place in a district that is zoned for double or multi-family use.
   (e)   The conversion is in compliance with all other relevant sections of this Ordinance.
      (Ord. 30-2007. Passed 12-20-07.)

1119.03 SWIMMING POOLS.

   (a)   All in-ground swimming pools and or the entire property on which they are located, shall be walled or fenced to prevent uncontrolled access from the street or adjacent properties. Said fence or wall shall not be less than four (4) feet in height and maintained in good condition with a lockable gate.
   (b)   The required fence shall be in place within thirty (30) days after the swimming pool is constructed.
   (c)   Swimming pools are permitted only in the side and rear yards and a ten (10) foot setback from all lot lines must be maintained.
   (d)   Swimming pools, as described herein, shall exclude portable pools with a diameter of less than twelve (12) feet or with an area of less than 100 square feet (excludes portable pools with a depth of less than 1-1/2 feet).
   (e)   An above ground swimming pool is exempt from any fencing regulations providing that the height of the pool is equal to or greater than four (4) feet. All access ladders for this type of pool shall be removed or in an inaccessible position when the pool is not in use or unattended.
   (f)   All swimming pools in place prior to November 1, 2017 are considered exempt from these regulations.
(Ord. 12-2017. Passed 9-21-17.)

1119.04 SUPPLEMENTAL YARD REQUIREMENTS.

   In addition to the yard regulations specified in Sections 1110.03, 1111.03, 1112.03, 1113.04, 1114.04, 1115.04, 1116.04, and 1117.04, the provisions of this section shall be used for clarification.
   (a)   On any corner lot in any district, all yards with lot lines that adjoin the public street, shall conform to the front yard setbacks.
   (b)   On a corner lot in any district, nothing shall be planted or erected that will impede vision of intersecting streets, and a line joining points along the street 25 feet from the point of the intersection.
   (c)   Multi-family dwellings are to be considered as one building for the purpose of determining yard requirements.
      (Ord. 30-2007. Passed 12-20-07.)

1119.05 FENCE REGULATIONS.

   (a)   Fences, walls and solid screening devices that are located between the principal buildings and a street and parallel to, the front lot line and front wall of the building are permitted provided the height of such does not exceed 42 inches from the ground to the highest point on the fence. Fences that are no closer to the front lot line than the principal structure and parallel to a side lot line, as well as those parallel to a rear lot line, shall not exceed six feet in height.
   (b)   All fences, regardless of type or height, require a zoning permit be issued.
   (c)   The following fence types are prohibited.
      (1)   Electric fences.
      (2)   Barbed wire fences.
      (3)   Razor wire fences.
(Ord. 30-2007. Passed 12-20-07.)

1119.06 HEIGHT REGULATION EXCEPTIONS.

   The height limitations contained in this Ordinance do not apply to the following:
   (a)   Spires, belfries, cupolas.
   (b)   Antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above a roof line.
      (Ord. 30-2007. Passed 12-20-07.)

1119.07 PERMITTED HOME OCCUPATIONS.

   Home occupations are an accessory use, subordinate to the use of premises as a dwelling. Home occupations may include a number of professional occupations, No home occupation however, may include a use in which customers frequently enter the premises to obtain goods or services. All home occupations must meet the following requirements:
   (a)   No more than one person is employed in the home occupation other than the residents.
   (b)   The space devoted to the home occupation will not exceed twenty-five percent of the total floor area.
   (c)   There shall be absolutely no external indication of the home occupation.
   (d)   No merchandise produced or purchased off the premises may be sold on the premises.
   (e)   No external alterations or reconstruction can be accomplished to accommodate the home occupation.
   (f)   No goods produced on the premises may be displayed outside an enclosed building.
      (Ord. 30-2007. Passed 12-20-07.)

1119.08 CHILD CARE/DAY CARE FACILITIES.

   (a)   Child care or child day care centers with an average daily attendance of six children or less, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of municipal zoning and shall be a permitted use in all zoning districts in which residential uses are permitted (ORC 5104.05.4 - 5104.054) No conditional use permit or exception certificate for such a facility is required.
   (b)   Child care or day care facilities with more than seven and less than twelve children in regular daily attendance may be allowed in any residential district. The operator of such a facility will be required to obtain a zoning permit by proving that he or she has complied with all applicable state statutes and copies of the state permits shall be filed with the Administrator. The zoning permit will expire on an annual basis. The zoning permit shall be renewed by the Administrator with proof that the operator has complied with all state laws regulating such facilities.
   (c)   Child care or day care facilities with an average daily attendance of more than twelve children may be permitted in an appropriately zoned district under the following conditions:
      (1)   The operator obtains all necessary state licenses or certifications required.
      (2)   The operator applies for and obtains a special use permit.
      (3)   Site plan, including setbacks, screening, outside open spaces, recreation area, off street parking and structure design are compatible with the district.
         (Ord. 30-2007. Passed 12-20-07.)

1119.09 SATELLITE DISHES.

   Satellite dishes under two feet in diameter are permitted in any district as an accessory use. In residential districts, satellite dishes are subject to the following conditions:
   (a)   The use of a satellite dish is restricted to receiving signals for television or radio communications for the use of people occupying the building.
   (b)   The maximum height of any satellite dish apparatus as measured from its mounting point to the highest point on the dish shall not exceed three feet.
   (c)   The satellite dish may be mounted to the main building, excluding the front of the structure. The dish may not be mounted on any spire, tower, turret, chimney or pole.
   (d)   The satellite dish shall not be placed in a front yard. If the dish is placed in a side yard, there must be a 2 foot setback from the front of the structure and any other lot line. (Ord. 30-2007. Passed 12-20-07.)

1120.01 CHANGE OF USE REGULATIONS

   The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of the enactment of this Ordinance, supplement or amendment, may continue even though such use does not conform to the provisions of this Ordinance. A non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification provided no structural alterations are made. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
   (a)   In the event that a non-conforming use of any dwelling, building, or structure and of any lot or premises is voluntarily discontinued for a period of two years or more, any future use of the lot, building or structure shall be in conformity with the provisions of this Ordinance.
   (b)   Without the Board of Zoning Appeals' approval, a nonconforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use. Also, a nonconforming structure may be extended or enlarged by not more than ten percent of the total floor area existing at the time of adoption or amendment of this Ordinance. However, no such extension shall encroach upon any minimum yard requirements nor shall it exceed the maximum height requirement.
   (c)   When a nonconforming building or structure has been damaged by explosion, fire, act of God, to the extent that more than 75 percent of its fair market value is affected, it shall not be restored or reconstructed except in conformity with regulations of the district in which the building or structure is located.
   (d)   When a non-conforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be accomplished without undue delay. Failure to reconstruct within one year, will result in revoking the right to non-conforming use and the premises shall now have to conform to the established district regulations.
      (Ord. 30-2007. Passed 12-20-07.)

1120.02 EXISTING STRUCTURE ENLARGEMENT.

   In the event any structure was built prior to the adoption of this Ordinance and is considered to have non-conforming setbacks, additions to, or enlargements of the existing structure which presently encroach upon required side or rear yards, may be permitted if the proposed addition or enlargement follows the existing structure setbacks as long as the addition or enlargement will not exceed any other lot lines.
(Ord. 30-2007. Passed 12-20-07.)

1120.03 ABANDONED FUEL SERVICE STATIONS.

   (a)   For the purpose of this Ordinance, an abandoned automotive service station, gasoline station or fuel filling station shall be defined as one in which the owner or lessee has failed to operate for at least three consecutive months in any eighteen month period.
   (b)   All motor vehicle service stations, gasoline station, or fuel filling stations which use is discontinued after the enactment of this Ordinance shall be presumed to be a nuisance affecting or endangering surrounding property and to be detrimental to the public health, safety, and general welfare of the community and shall be abated by the owner of the property.
(Ord. 30-2007. Passed 12-20-07.)

1121.01 GENERAL REGULATION.

   Except for the "C-3" Core Business District, no building or structure shall, after the effective date of this Ordinance, be erected, structurally altered, or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this Chapter.
(Ord. 30-2007. Passed 12-20-07.)

1121.02 PAVING.

   All off-street parking areas shall be paved. Surfacing will be accomplished with an asphalt or Portland cement binder pavement in order to provide a solid dust free surface.
(Ord. 30-2007. Passed 12-20-07.)

1121.03 LIGHTING.

   Any commercial or institutional parking area which is intended to be used during night time hours shall be properly illuminated for the safety of persons using the parking lot. All lights used to illuminate the parking lot shall be arranged to reflect light away from any adjoining property. (Ord. 30-2007. Passed 12-20-07.)

1121.04 COMMERCIAL LOADING AREA.

   A commercial loading area shall have minimum dimensions of not less than twelve feet in width, fifty feet in length, exclusive of driveways and other circulation areas, and a height clearance minimum of fifteen feet. In addition to this, the following conditions and restrictions apply.
   (a)   Off-street loading spaces shall be provided on the same lot as the principal business.
   (b)   One loading area shall be maintained for every separate business requiring delivery of goods or raw material and having a gross floor area of up to 5,000 square feet. Additional loading areas will be provided at a rate of one for each additional 10,000 square feet.
   (c)   All loading shall be located behind the principal structure, unless the Planning Commission determines that such location is not in the best interest of the district or it creates an undue hardship for a particular type of business.
      (Ord. 30-2007. Passed 12-20-07.)

1121.05 LOCATION OF PARKING SPACES.

   The following regulations shall govern the location of parking spaces and areas:
   (a)   All parking spaces required for all single and two family residential uses shall be located on the same lot as the use which they are intended to serve.
   (b)   Off-street parking spaces may not be located closer than five feet from any property line.
   (c)   All parking spaces required for apartments or similar residential uses shall be located on the same lot as the use which they are intended to serve.
      (Ord. 30-2007. Passed 12-20-07.)

1121.06 DISABLED VEHICLES.

   The parking of a disabled vehicle, in plain view, within a residential or commercial district for a period of more than ten days shall be prohibited.
(Ord. 30-2007. Passed 12-20-07.)

1121.07 DRAINAGE.

   All parking areas, including driveways, aisles and circulation areas shall be graded and drained to dispose of surface water which might accumulate within or upon such area. In addition to this, parking areas shall:
   (a)   Be designed to prevent the excess drainage of surface water onto adjacent properties, walkways or public streets.
   (b)   Make adequate arrangements to insure acceptable diversion to an adequate surface water drainage system.
      (Ord. 30-2007. Passed 12-20-07.)

1121.08 VISIBILITY.

   Access of driveways for parking areas shall be located in such manner that any vehicle leaving or entering said driveway will be clearly visible by pedestrian and vehicular traffic.
(Ord. 30-2007. Passed 12-20-07.)

1121.09 PARKING SPACE REQUIREMENTS.

   All new construction and residential units converted to accommodate an increased number of dwelling units shall adhere to the following off-street parking space requirements.
(a)
Single family dwelling
2
(b)
Two family dwelling
2 for each dwelling unit
(c)
Multiple family dwellings
2 for each dwelling unit
(d)
Boarding house
2 for occupants, one for each sleeping room
(e)
Bed and breakfast
2 for occupants, one for each sleeping room
(f)
Rooming house
2 for occupants, one for each sleeping room
(g)
Hotels and motels
1 for each sleeping room and one for every two employees
(h)
Retail establishments
1 for each 250 square feet of usable floor space
(i)
Funeral homes
1 for each 100 square feet of usable floor space
(j)
Offices and professional buildings
1 for each 400 square feet of usable floor space
(k)
Banks and financial institutions
1 for each 200 square feet of usable floor space
(l)
Restaurants and taverns
1 for each 200 square feet of usable floor space
(m)
Banquet halls
1 for each 100 square feet of usable floor space
(n)
Bowling alleys
4 for each alley or lane plus 1 for each 100 square feet of floor space
(o)
Auditoriums or theaters
1 for each 5 seats
(p)
Churches and places of religious worship
1 for each 5 seats
(q)
Nursing homes and similar uses
1 for each 3 beds
(r)
Medical clinics
1 for every 300 square feet of usable floor space
(s)
Hospitals
1 for every three beds
(t)
Libraries and museums
1 for every 50 square feet of usable floor space
(u)
Elementary schools
2 for each classroom and 1 for every 8 auditorium seats.
(v)
High schools
1 for every 6 students and 1 for each employee
(w)
Colleges and trade schools
1 for each 4 students
(x)
Child care and adult care centers
1 for each 200 square feet of usable floor space and 1 for each employee
(y)
Manufacturing, storage and wholesale uses in M-1 and M-2 districts
1 for every 2 employees on the largest shift, 1 for each vehicle used by the company
(z)
Parcel delivery and freight terminals
1 for every 2 employees on the largest shift for which the building is designed and 1 for each vehicle maintained on the premises by the company
(Ord. 30-2007. Passed 12-20-07.)

1121.10 ACCESS TO OFF-STREET PARKING.

   As a measure of safety and to allow for adequate vehicle access, the following standards shall apply:
   (a)   For single or two family residential homes, driveways shall be a minimum width of nine feet. For all other uses driveways will be a minimum width of twenty-two feet and may be located on more than one property.
   (b)   Parcels with continuous frontage of under 100 feet, only one driveway is permitted and shall be used for both ingress and egress.
   (c)   Parcels with more than 100 of frontage, a second driveway may be permitted.
   (d)   In the case of corner lots, driveways should be located on the street with the lowest volume of daily traffic.
   (e)   Approval of driveways by the Planning Commission may include restrictions on turning, locations or other requirements in the interest of safety and efficient traffic flow.
      (Ord. 30-2007. Passed 12-20-07.)

1122.01 GENERAL REGULATION.

   After the effective date of this Ordinance, no sign or outdoor advertising structures shall be erected, moved, or altered in any district except as hereinafter provided.
(Ord. 30-2007. Passed 12-20-07.)

1122.02 GENERAL PROVISIONS.

   The following provisions govern general sign use within the Village.
   (a)   Announcement boards for churches, schools, community, public, semi-public, or not-for-profit institutions shall be permitted without a sign permit, providing they do not exceed 30 square feet.
   (b)   No building wall shall be used to display advertising, except that pertaining to the use carried on within the structure or a display of historic significance.
   (c)   In computing the area of any sign, all faces or panels or background area contrasting with the face of the building on which it is displayed shall be considered sign area.
   (d)   Pole signs, free-standing signs, or secondary signs that are double sided with identical copy on both sides, only one side will be counted as the total sign area, provided that both sides cannot be viewed at the same time.
   (e)   All signs covered by this Ordinance that would exceed these restrictions, or if additional signs are requested beyond the number permitted, it will be necessary to petition for a variance through the Board of Zoning Appeals.
   (f)   Permanent subdivision signs built at the entrance of a subdivision, constructed of durable material and not posing a vision obstruction at an intersection will be permitted without a permit, provided the sign is no taller than 5 feet. The sign may be illuminated by landscape lighting only.
   (g)   No sign will be permitted to encroach on a public right-of-way.
   (h)   No portion of a projecting sign shall hang lower than 10 feet from ground level.
   (i)    Privately owned signs used for safety, traffic control or directional purpose, such as parking, no parking, exit, or entrance signs shall not require a permit unless they are illuminated, exceed an area of more than 4 square feet, or contain advertising.
   (j)   All persons seeking to install a sign must first obtain a sign permit from the Administrator, unless this Ordinance specifically provides an exemption.
   (k)   For any property, decorative signs, banners or pennants are permitted without a permit, providing the sign, banner or pennant does not interfere with public access or constitute a hazard to vehicular or pedestrian traffic.
      (Ord. 30-2007. Passed 12-20-07.)

1122.03 HOME OCCUPATIONS.

   Signs advertising home occupations are not allowed in any residential district.
(Ord. 30-2007. Passed 12-20-07.)

1122.04 BUSINESS OFFICE DISTRICT SIGNS.

   The business office district will comprise areas abutting residential districts and are within walking distance of residential housing. In order to maintain the character of the residential districts, the following will apply:
   (a)   A business located in a C-1 district will be allowed a maximum of two signs.
   (b)   A wall sign which shall not exceed 10 percent of the building wall area where the sign is mounted.
   (c)   A free-standing sign not to exceed 15 feet in height, with a maximum of 15 square feet of sign area.
   (d)   A projecting sign not to exceed 15 square feet of sign area.
   (e)   The signs can be used in any combination, however two signs of the same type cannot be used. (Ord. 30-2007. Passed 12-20-07.)

1122.05 GENERAL BUSINESS AND CORE BUSINESS DISTRICT SIGNS.

   For all C-2 and C-3 districts the following shall apply:
   (a)   A business located in a C-2 or C-3 district shall be allowed a maximum of one sign.
   (b)   A wall sign not to exceed 20 percent of the total area of the wall area where the sign is mounted.
   (c)   A projecting sign not to exceed 20 square feet.
   (d)   A sign painted on a fabric awning permanently affixed to the entry of a business not to exceed 20 square feet.
   (e)   No free standing signs will be allowed in a C-2 or C-3 district.
   (f)   Signs may be internally or externally illuminated.
   (g)   Flashing signs are prohibited.
   (h)   There shall be no restrictions on signs displayed on the interior of display windows.
      (Ord. 30-2007. Passed 12-20-07.)

1122.06 MANUFACTURING DISTRICT SIGNS.

   For all M-1 and M-2 districts the following will apply:
   (a)   Only one free standing sign is permitted per facility, which may not exceed 20 feet or the maximum height of the building, whichever is less.
   (b)   No free standing sign may be located closer to the road right-of-way than 10 feet.
   (c)   Wall signs attached to, or painted on, a wall surface of a building or structure shall not occupy more than 20 percent of any wall.
   (d)   A maximum of 3 wall signs shall be permitted per building.
   (e)   All signs may be internally or externally illuminated.
(Ord. 30-2007. Passed 12-20-07.)

1122.07 TEMPORARY SIGNS.

   The following regulations apply to the use of temporary signs:
   (a)   One project announcement sign which shall not exceed a total sign area of 48 square feet regarding the construction of a new building or other major construction project.
   (b)   Free-standing signs such as, but not limited to A frame or trailer based signs, shall be permitted in any C-l, C-2, C-3, M-I, or M-2 district, for a period of time not to exceed thirty days, provided they do not constitute a hazard to vehicular or pedestrian traffic.
   (c)   One sign not to exceed 48 square feet, advertising the sale or development of property in a subdivision.
   (d)   Signs or banners announcing temporary charitable, community or not-for-profit functions shall not be placed over any public right-of-way, without first obtaining written authorization from the Administrator.
   (e)   Signs not exceeding 12 square feet, advertising the sale or rental of real estate, shall be permitted without a permit, but must not be placed on a public right-of-way.
   (f)   Signs not exceeding 12 square feet, advertising a trade or business actively engaged in some form of home repair or remodeling in a residential area, shall be allowed, without permit, for the duration of the project, but cannot be placed on a public right-of-way.
   (g)   Signs pertaining to the election of public offices shall be allowed without permit for the duration of the election season, provided they are not placed on a public right-of- way and do not obstruct or endanger vehicular or pedestrian traffic. Political signs must be removed within 3 days after the election has concluded.
   (h)   No signs for any commercial purpose may be placed in a public right-of-way.
   (i)   No signs advertising the sale of personal property, or advertising garage, yard or porch sales may be placed in a public right-of-way.
      (Ord.30-2007. Passed 12-20-07.)

1122.08 ILLUMINATION OF SIGNS.

   The following regulations apply to the illumination of signs:
   (a)   No illumination involving movement or causing the illusion of movement by reason of the arrangement or other services shall be permitted which may cause confusion or hazard to traffic or conflict with traffic control lights.
   (b)   A special permit shall be required for any sign that involves movement or the illusion of movement.
      (Ord. 30-2007. Passed 12-20-07.)

1122.09 EXEMPTIONS.

   Official governmental signs and notices are exempt from the provisions of this Ordinance.
(Ord. 30-2007. Passed 12-20-07.)

1123.01 PURPOSE.

   The purpose of the chapter is to achieve, to the greatest degree possible, an aesthetically appealing and pleasant environment for the residents abutting any commercial use property.
(Ord. 30-2007. Passed 12-20-07.)

1123.02 SCREENING REQUIRED.

   Consistent with the objectives in this Chapter, landscape screening shall be provided according to the following standards in a commercial or manufacturing district, if same abuts residential properties. (Ord. 30-2007. Passed 12-20-07.)

1123.03 EXCEPTIONS.

   The Village of Gibsonburg recognizes that, in some cases, the construction of a landscape buffer may be difficult or impractical to accomplish due to specific site characteristics. In circumstances where it becomes impractical to utilize a landscape buffer, alternate plans may be approved by the Planning Commission during the site review process.
(Ord. 30-2007. Passed 12-20-07.)

1123.04 SCREENING OF EXTERIOR MECHANICAL EQUIPMENT.

   Exterior components of processing, heating, cooling, compressors, motors, incinerators, etc. shall not be directly visible at ground level. Any landscaping or structural means used to screen exterior components from view, shall appear as integrated parts of the structure.
(Ord. 30-2007. Passed 12-20-07.)

1123.05 SCREENING ALONG LOADING AREAS AND PARKING LOTS.

   For all uses that include loading and unloading activities, they shall be screened along the entire rear lot line and side lot lines from the rear lot line to the rear building line meeting the following standards:
   (a)   The width of the screening area shall be a minimum of five feet.
   (b)   Screening shall consist of walls, hedges, fences, vegetation, or an acceptable combination of these elements.
   (c)   The screening shall be a minimum of seven feet in height.
   For all uses that include parking lots, they shall be screened along their full length and width, on any side that abuts a residential property.
(Ord. 30-2007. Passed 12-20-07.)

1123.06 MAINTENANCE AND REPLACEMENT.

   The owner of any property required to have buffers and screen plantings, shall be responsible for maintaining all landscaping in good condition.
(Ord. 30-2007. Passed 12-20-07.)

1124.01 PURPOSE.

   (a)   The purpose of a Planned Unit Development is to permit more flexibility and therefore encourage imaginative and creative use and design of structures and land that is not allowable under other districts of this Ordinance, where such modifications shall not be contrary to the intent of this Ordinance or inconsistent with the Comprehensive Plan on which it is based. It is further intended to promote more economical and efficient use of the land, while providing a variety of housing choices, a higher level of amenities, and the preservation of the natural qualities of open space.
   (b)   It is not the intent of the Planned Unit Development provisions to allow applicants to circumvent the intent of this Zoning Ordinance or to allow development of land not in conformance with the Comprehensive Plan of the Village.
(Ord. 30-2007. Passed 12-20-07.)

1124.02 DESCRIPTION.

   The Planned Unit Development may be exclusively residential, commercial, or industrial; or a combination of commercial and industrial uses. Each Planned Unit Development shall have at a minimum the following net acreage:
 
   (a)   Residential            -   3 acres
   (b)   Commercial            -   5 acres
   (c)   Industrial            -   20 acres
   (d)   Combination commercial/industrial   -   25 acres
(Ord. 30-2007. Passed 12-20-07.)

1124.03 REGULATIONS ESTABLISHING PERMITTED USES.

   Permitted uses are restricted to the following standards:
   (a)   Residential dwelling units in detached, semi-detached, attached or multi-family dwellings or any combination thereof, along with customary accessory detached uses and structures are permitted in a Planned Unit Development.
   (b)   Non-residential commercial uses, limited to those established in "C-2" and "M-I" districts of this Ordinance and specifically approved by the Planning Commission are permitted in the Planned Unit Development, provided that such uses are designed to serve primarily the residents of the Planned Unit Development and are incorporated into a unitary design.
   (c)   Other non-residential uses of a religious, cultural, or recreational character shall be permitted in a Planned Unit Development, provided that such uses are designed to primarily serve the residents of the Development and are incorporated into a unitary design.
   (d)   All permitted uses will be in conformance with a specific and precise final developmental plan.
      (Ord. 30-2007. Passed 12-20-07.)

1124.04 LOT AND YARD REGULATIONS.

   The minimum requirements established by the original district in which the proposed Planned Unit Development is located shall act as a general guideline for the lot and yard regulations. Consideration shall be given to lot and yard regulations in the following manner:
   (a)   For the front, where the applicant provides for privacy by reducing traffic flow through street layout such as cul-de-sacs, or by screening or planting, or by facing the structure toward open space or a pedestrian way, or through room layout of front elevation, it is possible to reduce front yard requirements. At a minimum, all buildings and structures will be set back 50 feet from the centerline or 25 feet from the property line.
   (b)   The yard width and side yards, where the design is such that light, air, and privacy can be provided, narrower lot width and side yard regulations may be permitted.
   (c)   Unless it can be demonstrated to the Planning Commission that a lesser rear yard requirement is justified; the rear yard shall be equal to or greater than the rear yard requirements for the original district.
   (d)   The space between buildings may be reduced when adequate privacy, light, and air are provided to each unit. At a minimum, spacing between the sides of buildings shall be fifteen feet.
      (Ord. 30-2007. Passed 12-20-07.)

1124.05 OPEN SPACE REQUIREMENTS.

   The following open space requirements are mandatory:
   (a)   Required open space shall comprise no less than 40 percent of the total lot or parcel area.
   (b)   Areas covered with buildings, streets, parking lots, driveways and other paved surfaces are not considered open space, except as noted in subsection (c) below. A minimum of fifty percent of the required open space shall be devoted to landscaping, patios, walkways and recreation areas for the collective enjoyment and common use of occupants of the development.
   (c)   Recreation facilities or structures and their accessory uses located in common recreation areas shall be calculated as open space, as long as the total impervious surface (paving, roofs, etc.) constitute no more than 5 percent of the total required open space. (Ord. 30-2007. Passed 12-20-07.)

1124.06 OPEN SPACE INTEGRITY.

   All land on the final development plan as common open space must be conveyed under one of the following options:
   (a)   It may be conveyed to the Village if officials agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it.
   (b)   It may be conveyed to a homeowners' association, of which all homeowners within the Planned Unit Development must participate and said open space deeded to the homeowners' association.
      (Ord. 30-2007. Passed 12-20-07.)

1124.07 OPEN SPACE RESTRICTION.

   No common open space may be put to use without having been recorded in the final development plan unless the final development plan has been amended to permit that use under amendment procedures outlined in this Ordinance. However, no authorized change of use may be considered as a waiver of any of the covenants limiting the use of common open space areas.
(Ord. 30-2007. Passed 12-20-07.)

1124.08 HOMEOWNER’S ASSOCIATIONS.

   If the common open space is deeded to a Homeowners' Association, the applicant shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the pre-application conference. The provisions shall include, but not be limited to the following:
   (a)   The Homeowners' Association must be established before the units are sold.
   (b)   Membership must be mandatory for each home buyer and any successive buyer.
   (c)   The open space restrictions must be permanent, not just for a period of years.
   (d)   The Association must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities.
   (e)   Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.
   (f)   The Association must be able to adjust the assessment to meet changing needs.
      (Ord. 30-2007. Passed 12-20-07.)

1124.09 FAILURE TO MAINTAIN OPEN SPACE.

   (a)   In the event that the organization or any successor organization responsible to own and maintain common open space, at any time after establishment of the Planned Unit Development, fails to maintain the common open space in a reasonable order and condition in accordance with the plan, the Planning Commission may cause service of written notice upon such organization or upon the residents of the Planned Unit Development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be remedied within 30 days, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At the hearing the Planning Commission may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or modifications are not remedied within the 30 days or any extension, the Village, in order to preserve taxable values of the properties within the Planned Unit Development and to prevent common open space from becoming a public nuisance, may enter upon the common open space and maintain it for a period of one year. The entry and maintenance shall not vest in the public any right to use the common open space, except when the open space is voluntarily dedicated to the public by the owners. Before the expiration of the organization responsible for the maintenance of the common open space, a public hearing shall be scheduled upon notice to the organization or to the residents of the Planned Unit Development, to be held by the Planning Commission at which hearing, the organization or the residents of the Planned Unit Development shall show cause why the maintenance by the Village shall not, at the election of the Planning Commission, continue for a succeeding year.
   (b)   The cost of such maintenance by the Village shall be proportionally assessed against the properties within the Planned Unit Development that have a right of enjoyment of the common open space and shall become a tax lien on the properties.
(Ord. 30-2007. Passed 12-20-07.)

1124.10 ENVIRONMENTAL STANDARDS.

   (a)   The environmental design criteria in a Planned Unit Development shall include the following: the preservation of trees, historic spots, and other community assets and landmarks.
   (b)   In addition to this, the Administrator may require a grading plan which will confine excavation, earth moving procedures, and other changes to the landscape in order to insure preservation and prevent despoliation of the character of the area retained as common open space. All manufactured slopes, other than those constructed of rock, shall be of a character so as to cause the slope to blend with the surrounding terrain and development. The developer shall provide for maintenance of the planting until growth is fully established.
(Ord. 30-2007. Passed 12-20-07.)

1124.11 TRAFFIC CIRCULATION.

   (a)   Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Minor streets within Planned Unit Developments shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.
   (b)   A part of every residential building shall not be farther than 60 feet from an access roadway or drive providing vehicular access from a public street, and not further than 500 feet, measured along the route of vehicular access, from a public street.
   (c)   All non-residential land uses with a Planned Unit Development should have direct access to a collector or primary street, especially where large parking areas are included.
   (d)   The pedestrian circulation system and its related walkways should be insulated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.
(Ord. 30-2007. Passed 12-20-07.)

1124.12 STREETS.

   (a)   Standards of design and construction for roadways, both public and private, within a Planned Residential Development may be modified as is deemed appropriate by the Planning Commission, especially where it is found that the plan for the Planned Unit Development provides for a separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.
   (b)   If the owners of the Planned Unit Development should convey the private streets to the Village, the owners do fully agree that, before acceptance of such streets by the Village, the owners will bear full expense of reconstruction or any other action necessary to make the streets meet Village road standards, prior to dedication and acceptance.
   (c)   The owners must also agree that these streets shall be dedicated to public use without compensation to the owners and without the owner's expense in making such streets conform to the requirements applicable at that time for public streets.
(Ord. 30-2007. Passed 12-20-07.)

1124.13 PARKING STANDARDS.

   The following is the parking criteria for Planned Unit Developments:
   (a)   For each dwelling unit, there shall be 2 off-street parking spaces consisting of not less than 200 square feet each.
   (b)   Parking space shall be arranged so as to prevent through traffic to other parking areas.
   (c)   No more than 30 parking spaces shall be provided in any single residential parking area.
   (d)   All streets and any off-street loading area shall be paved, and the design thereof approved by the Planning Commission. All areas shall be marked so as to orderly and safe loading, parking, and storage.
   (e)   Parking for non-residential purposes shall be provided appropriate to the type of non-residential use.
   (f)   All parking areas shall be adequately lighted. The lighting shall be so arranged as to direct the light away from adjoining residences.
   (g)   All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding or other inconveniences.
      (Ord. 30-2007. Passed 12-20-07.)

1124.14 TRANSITIONAL YARD REGULATIONS.

   To insure that there is an appropriate relationship to the surrounding area, there shall be a minimum 50 foot transitional yard along the perimeter of the Planned Unit Development district. This buffer zone must be kept free of buildings or structures and must be landscaped, screened, or protected by natural features. (Ord. 30-2007. Passed 12-20-07.)

1124.15 APPLICATION PROCEDURE.

   (a)   An application for approval of a Planned Unit Development may be filed by a person having an interest in the property to be included in the planned unit. The Planned Unit Development application shall be filed in the name or names of the recorded owner or owners of the property included in the development. However, the application may be filed by holders of an equitable interest in such property. Full ownership interest in the land- -legal title of the execution of a binding sales agreement must be in evidence before final approval of the plan. The Planned Unit Development shall be a single ownership by the time the final development plan is approved.
   (b)   The applicant shall meet informally with the Administrator in connection with the preparation of the Planned Unit Development application. It shall be the Administrator's responsibility to arrange a meeting with the applicant and the Chairperson of the Planning Commission.
   (c)   The general outlines of the proposal and sketch plans are to be provided by the applicant at this pre-application conference. Thereafter, the Administrator shall furnish the applicant with written comments regarding the conference, including appropriate recommendations to inform and assist the applicant in preparation of the Planned Unit Development application.
   (d)   Once the initial application is complete, the applicant shall submit a Preliminary Development Plan with a petition for rezoning to the Administrator, who will immediately forward it to the Chairperson of the Planning Commission.
   (e)   The following written and graphic documentation must be submitted:
      (1)   A legal description of the total site proposed for development including the present and proposed ownership of all parts of the development.
      (2)   A written statement of the nature and character of the proposed development, and the methods to be used in achieving these goals.
      (3)   A written schedule of the approximate date, or dates, if the development is to be divided into stages, when construction will begin and be completed.
      (4)   Quantitative data for the following: total number and type of dwelling and non-residential units, the proposed floor area, ground coverage, outdoor livability and open space ratios, the proposed gross residential density of any separate stages, the number of parking spaces for each use proposed, any feasibility studies the applicant wishes to submit in support of the plan.
      (5)   A graphic plan at scale of 1: 1,200 (l inch = 100 feet) showing the existing site conditions, including contours, at an interval no greater than 5 feet, and unique natural features.
      (6)   A preliminary plat.
      (7)   A site plan or plans at a scale of 1: 1,200 showing the location and floor area and use of existing and proposed buildings, structures, and improvements, including maximum heights, the location and size of all areas to be conveyed, dedicated, or reserved as outdoor livability space, recreation areas, school sites, and similar public or semi-public uses, the proposed circulation system, including private and public streets, parking and loading areas, pedestrian ways, and access to existing and planned streets outside the development, the existing and proposed utilities including sanitary and storm systems, and water, gas, electric, telephone, and television cable lines and a preliminary landscape plan.
      (8)   A plan at an appropriate scale showing land areas adjacent to the proposed development, their uses, zoning and general character, and the effects of the proposed development on such land including the treatment of the perimeter areas of the Planned Unit Development.
      (9)   Additional material as may be required by the Planning Commission.
   (f)   Within 60 days following the submission of a preliminary development plan, the Planning Commission shall hold a public hearing on the plan, and vote to approve, approve with modifications or disapprove of the plan. If the Planning Commission action is for approval or approval subject to modification, a resolution shall be produced, showing the vote of each member of the Commission, and forwarded on to Village Council.
   (g)   Council will then act upon the resolution at the next regularly scheduled meeting and will either accept or reject the proposal.
   (h)   If the Preliminary Development Plan is approved, with or without modifications, by Council, the official zoning map shall be changed to so signify. Such change does not constitute final approval of the plat or authorize the issuance of building permits.
(Ord. 30-2007. Passed 12-20-07.)

1124.16 FINAL DEVELOPMENT PLAN.

   (a)   Within 9 months following approval of the Preliminary Development Plan, the applicant shall submit to the Planning Commission a Final Development Plan containing in a final detailed form the information required in the Preliminary Development Plan. At its discretion and for good cause the Planning Commission may extend for 6 months the period of time for filing the Final Development Plan.
   (b)   If the developer fails to submit a Final Development Plan for any reason, within the time allowed, the tentative rezoning shall be revoked and all the area within the development for which final approval has not been given shall be subject to the original zoning.
   (c)   If the Final Development Plan is in substantial compliance with the Preliminary Development Plan, it shall be approved by the Planning Commission within 30 days. Notice of such approval shall then be given to the Village Council, which shall review the Final Plan and the plat or plats involved, and issue final approval.
(Ord. 30-2007. Passed 12-20-07.)

1124.17 PERFORMANCE BOND.

   Prior to giving final approval to the Final Development Plan, Council may require a performance bond of an amount equal to one-half of the cost of the entire implementation and construction cost of the Planned Unit Development be provided to the Village.
(Ord. 30-2007. Passed 12-20-07.)

1124.18 FINAL PLAN MODIFICATIONS.

   If, subsequent to the start of construction, it becomes necessary to modify the Final Plan, the Administrator may do so upon written resolution of the Planning Commission.
(Ord. 30-2007. Passed 12-20-07.)

1124.19 REVOCATION OF APPROVAL.

   If construction has not started within 18 months of approval of the Final Development Plan, said approval shall lapse. The Planning Commission may extend this period of time by 6 months upon good cause shown by the applicant.
(Ord. 30-2007. Passed 12-20-07.)

1125.01 INJUNCTION.

   No person shall erect, construct, alter or repair, or maintain any building or structures, or use any land in violation of this Ordinance or the regulations enacted pursuant thereto. In the event of any such violation or imminent threat thereof, upon request of the Mayor or Council, the Solicitor, on behalf of the Village, shall institute a suit for injunction to prevent or terminate the violation. (Ord. 30-2007. Passed 12-20-07.)

1125.02 VIOLATION OF PLANNING COMMISSION REGULATIONS.

   Whoever willfully violates any rule or regulation adopted by the Council or the Planning Commission shall forfeit and pay not less than one hundred dollars ($100.00) to be recovered with costs in a civil action brought by the Solicitor in the name of the Village. Each day such violation continues will constitute a separate forfeiture.
(Ord. 30-2007. Passed 12-20-07.)

1125.03 PENALTIES.

   Any person who shall:
   (a)   Use or occupy any land or place, build, erect, alter, remodel, restore, or rebuild thereof any building or structure, or permit any building or structure to remain on such land; or use, occupy or operate such building or structure in any way, for any use or purpose which is not permitted by the provision of this Ordinance;
   (b)   Aid, assist, or participate with any person placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure which is not permitted by the provisions of this Ordinance;
   (c)   Violate or fail to perform any condition, stipulation, or safeguard set forth in any permit issued pursuant to the Ordinance or continue to use or occupy the premises of building as previously authorized by such permit beyond the duration limit therein stated;
   (d)   Refuse to permit the Administrator to enter any premises in the Village to investigate a reported violation of the provisions of this Ordinance;
   (e)   Knowingly make any materially false statement of fact in an application to the Administrator for the permit or in any plans or specifications submitted in relation to any application under this Ordinance; or
   (f)   Being an owner or lessee of any premises, knowingly suffer or permit a violation of this Ordinance to occur or exist on such premises; shall be charged with a violation of this Ordinance, a misdemeanor, for each such action or omission and upon conviction thereof shall be fined not more than one hundred dollars ($100.00) together with the cost of prosecution. Each day during which a violation continues shall be deemed a separate offense. The imposition of any sentence shall not exempt any offender from compliance with the provisions of this Ordinance.
      (Ord. 30-2007. Passed 12-20-07.)

1126.01 FEE SCHEDULE.

   (a)   A fee, in accordance with the following schedule of amounts, shall accompany each application for a zoning certificate, appeals hearing, variance, preliminary plat review, and final plat review. Zoning fees are to be reviewed by the Council Finance Committee at the first meeting in February of each year and a recommendation forwarded to Village Council if changes are warranted.
   (b)   In addition to the following fees, all expenses incurred by the Village for professional and technical services required to properly evaluate any application, shall be the responsibility of the applicant and paid upon presentation of an invoice by the Village Fiscal Officer.
USE
FEE
Commercial:
Business or manufacturing first 5,000 sq. ft.
$250.00
each additional 1,000 sq.
ft.
$100.00
Addition to main structure
$40.00 + $10.00 per 100 sq. ft.
Special use-change
$250.00**
Residential:
Single family dwelling
$100.00
Multi-family dwelling
$100.00 + $10.00 per living unit
Addition to main structure
$40.00 + $10.00 per 100 sq. .ft
Dwelling conversion
$20.00
Special use
$100.00**
Structure (Other):
Accessory building (0-500 sq. ft.)
$35.00
Accessory building (over 500 sq. ft.)
$50.00
Fence
$30.00
Swimming Pool (above or in ground)
$30.00
Sign
$30.00
Use of land not involving structures
$30.00
Subdivision/PUD:
Preliminary plat review
$150.00 + $5.00 per acre
Final plat review
$150.00 + $5.00 per acre
Other:
Administrative Appeal to Zoning Board of Appeals
N/C
Appeal to Zoning Board of Appeals
$100.00**
Application to amend zoning ordinance
$100.00**
Application to amend zoning map
$100.00**
Lot Split
$50.00
Variance
$100.00**
** All mailing expenses and newspaper publication costs shall be the responsibility of the applicant and paid upon presentation of an invoice by the Village Fiscal Officer.
(Ord. 30-2007. Passed 12-20-07; Ord. 7-2024. Passed 4-18-24.)

1126.02 DEPOSIT OF FEES.

   The Administrator shall forthwith deposit all fees with the Village Fiscal Officer who shall credit such fees to the credit of the General Fund of the Village.
(Ord. 30-2007. Passed 12-20-07.)