The following regulations qualify or supplement the use regulations appearing elsewhere in this chapter.

   (A)    Uses prohibited. The only uses permitted are those listed in §§ 154.21 and 154.31. Notwithstanding the following uses are expressly prohibited within any zoning district.

      (1)    Any industrial use or any manufacturing

      (2)    Drive-through auto washing facilities

      (3)    Massage parlors

      (4)    Commercial pool parlors and game rooms

      (8)    Flashing, intermittent, and moving signs.

      (9)    Any use locating on a panhandle lot except for those lots included in subdivisions recorded prior to January 1, 1983.

   (B)    Community unit plans.

      (1)    The owner of any tract of land comprising an area of not less than ten acres may submit to the Council a plan for the use and development of all of the tract of land for residential purposes or for the repair and alteration of any existing housing development on an area comprising ten acres or more. The plan shall conform to the requirements of § 154.63. The plan shall include proposals for rental or ownership of the dwelling units. The development or alteration plan shall be referred to the Village Planning Commission for study and report and for public hearing. If the Commission approves the plans, they shall then be submitted to the Village Council for consideration and approval. The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed meets the following conditions:

         (a)    That property adjacent to the area included in the plan will not be adversely affected.

         (b)    That the plan is consistent with the intent and purpose of this chapter to promote public health, safety, morals, and general welfare.

         (c)    That the buildings shall be used only for residential purposes and the usual accessory uses, such as garages, storage space, or community activities, including churches.

         (d)    That the average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located.

         (e)   That community unit plan subdivisions (private subdivisions) will be required to conform to the minimum infrastructure requirements pertaining to streets, curbs, storm water, sidewalks or other improvements as may be required by the Village Engineer of dedicated residential subdivisions.

      (2)    If the Village Council approves the plans, building permits, and certificates of occupancy may be issued even though the use of land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located. Approval of the plan shall include proposals for rental or ownership of dwelling units.

   (C)    Condominiums. Conversion of existing residential units to condominiums shall require a modification of an approved community unit plan if originally constructed under such a plan. Institution of any condominium form of ownership shall be a subdivision of land and shall conform with Chapter 153 hereof. The village shall mail notices of the public hearing on such a conversion to residents of the property to be converted at least 30 days prior to the hearing. If it appears at the hearing that the proposed conversion would result in unusual hardship to many of the residents, the conversion may be disapproved or the Village Council may agree with the proponent on a schedule for the conversion or such other measures as would substantially mitigate the hardship.

   (D)    Nonconforming uses.

      (1)    The lawful use of land in the "AA-1," "AA-2," "A," and "B" Single-Family Residence Districts and the "C" Two-Family Residence District which does not conform to the use provisions of this chapter shall be discontinued within one year from the effective date of this chapter and provided, further, that the use of land which becomes nonconforming by reason of a subsequent change in this chapter shall also be discontinued within one year from the date of the change.

      (2)    The lawful use of a building existing at the time of the effective date of this chapter may be continued, although such use does not conform to the use provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

      (3)    Whenever the use of a building becomes nonconforming through a change in the zoning ordinance or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use of a more restricted classification.

      (4)    In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.

      (5)    No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.

      (6)    A nonconforming building that is partially destroyed or damaged (exclusive of the foundation) to an extent of less than 50% of its reproduction value at the time of damage, by fire, flood, earthquake, explosion, war, riot, or act of God or act of the public enemy may be restored and the use of the building resumed in accordance with the other provisions of this section; provided that the restoration and resumption shall take place within six months of the time of such damage or destruction.

      (7)    Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a building or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.

   (E)    Garage sales. Sales of surplus household goods (garage sales) in residential districts are allowed under the following conditions.

      (1)    A special permit is obtained. (See § 154.67.)

      (2)    Only previously owned and used articles are sold by a resident family that has occupied the premises for at least six months.

      (3)    Only two standard signs provided by the village are used to announce the sale. These signs shall be returned to the village upon conclusion of the sale.

      (4)    The sale is permitted once a year on both Friday and Saturday from 8:00 a.m. to 6:00 p.m.

   (A)   Purpose and intent. The purpose of this section is to preserve and protect the historic character of the village by ensuring that new large-scale developments are compatible with the historic character of the village, have an architectural style comparable in quality to the architecture of surrounding buildings, and that there is meticulous attention to detail in carrying out such developments. It is further intended to protect the aesthetic and historical character of the village, protect the attractiveness of existing developments and inhibit the intrusion of large or unattractive buildings into established areas.

   (B)   Applicability. The provisions of this section shall apply to any development or redevelopment of parcels of land of three acres or larger in size, and shall apply to any development or redevelopment containing three or more contiguous lots. Any application for a development order, subject to the requirements of this section shall be subject to a fee as established by the Village Administrator and approved by the Mayor.

   (C)   Availability of infrastructure. Prior to receiving preliminary subdivision plat approval or any other development order, any proposed development subject to the provisions of this section shall provide a report on existing and proposed infrastructure to support the proposed development. This infrastructure report shall be reviewed and approved by the Village Engineer.

      (1)   For developments of less than five acres, the infrastructure report shall document all major existing water, sewer and other utility lines, and roads on the property and within 1,000 feet of the property, and shall provide sufficient analysis to determine whether or not the existing infrastructure is adequate to sustain the proposed development. If any infrastructure outside of the property is insufficient to handle the proposed development, the applicant shall provide information on how the infrastructure will be upgraded at the applicant's expense to meet infrastructure demands.

      (2)   For proposed developments occupying five or more acres, the infrastructure report shall be expanded to include the analysis required by subdivision (C)(1) and shall document all village roads, and village water and sewer mains within one-half mile of the site and determine whether or not the existing infrastructure is adequate to sustain the proposed development. This analysis shall include an analysis of water and sewer plant capacity to handle the increased demands created by the new development. If any infrastructure outside of the property is insufficient to handle the proposed development, the applicant shall provide information on how the infrastructure will be upgraded at applicant's expense to meet infrastructure demands.

   (D)   Certificate of architectural conformance. Every application for a building permit for a new structure within any development subject to the requirements of this section shall first submit an application for a certificate of architectural conformance along with plans, elevations, detail drawings and specifications to the Planning and Historic Preservation Commission.

      (1)   Once an application for a certificate of architectural conformance is filed with the Village Clerk, it shall be scheduled on the agenda of the next available meeting of the Planning and Historic Preservation Commission, except, however; that such application shall be heard within 45 days of the receipt of the completed application and necessary attachments by the village.

      (2)   At the hearing, the Planning and Historic Preservation Commission shall approve the application or make suggestions to modify the application for approval at its next meeting, if in its opinion, the proposed structure(s) will conform to proper architectural standards of appearance and design, will be in general conformity with the style, quality and design of surrounding structures, will be conducive to the proper architectural and aesthetic development of the village, and meets all requirements of division (E) of this section.

      (3)   Within 75 days of the receipt of the completed application and necessary attachments by the village, the Planning and Historic Preservation Commission shall file a report approving the certificate of architectural conformance, approving the certificate of architectural conformance with conditions, or denying the application. If the application is not heard by the Planning and Historic Preservation Commission within 45 days or no report is filed within 75 days of the receipt of the completed application and necessary attachments by the village, the certificate of architectural conformance shall be considered approved by the Planning and Historic Preservation Commission. A denial of a certificate of architectural conformance application may be appealed to the Village Council according to the provisions of division (F) of this section.

   (E)   Design requirements.

      (1)   New buildings shall be similar in size, scale, and mass as the buildings on surrounding properties and shall have a harmonious architectural style.

      (2)   While considerable latitude is provided to the designer of proposed buildings, such buildings must be comparable to existing buildings with the village and not attempt to introduce an architectural style not found in the village and/or a style which would be incompatible with the historical and aesthetic development of the village.

   (F)   Appeal of Planning and Historic Preservation Commission decision. Within 30 days of any Planning and Historic Preservation Commission decision, any affected party may appeal the decision to the Village Council by filing notice thereof with the Clerk of the Council.

   (G)   Village Council hearing. The Village Council shall schedule a public hearing within 45 days of the date the appeal is received. At the public hearing, the Council shall hear all interested parties. Within 30 days of the public hearing, the Council shall pass a resolution either confirming, rejecting, or amending the decision of the Planning and Historic Preservation Commission. The Clerk of Council shall notify the owner of any property involved of the Council action by regular first class mail.

(Ord. 1994-55, passed 1-3-95)

   Building heights established in the district regulations may be exceeded following instances:

   (A) Public, semi-public, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

   (B) Single-family dwellings and two-family dwellings may be increased in height by not more than ten feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet, but shall not exceed three stories in height.

   (C) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinance of the village.

   (D) Existing buildings in violation of height regulations may be repaired and maintained but may not be replaced or structurally altered.

   (A) In the "AA-1" and "AA-2" Districts. If a parcel of land has less area than herein required and its boundary lines along their entire length touched lands under other ownership prior to August 6, 1934 and have not since been changed, such parcel may be used for a single-family dwelling. If the boundary lines of such parcel along their entire length between August 6, 1934 and July 7, 1943, touched lands under other ownership, and have not since been changed, and such parcel has an area of 15,000 square feet and an average width of not less than one-fourth of its average depth, such parcel may be used for a single-family dwelling.

   (B)   In the "A" District, if a parcel of land has less area than herein required, and its boundary lines along their entire length touched lands under other ownership prior to August 6, 1934, and have not since been changed, such parcel of land may be used for a single-family dwelling.

   (C)   In the "B" District, if a parcel of land has less area than herein required, and its boundary lines along their entire length touched lands under other ownership prior to October 18, 1940, and have not since been changed, such parcel of land may be used for a single-family dwelling.

   (D)   In the "C" District, if a parcel of land has less area than herein required and its boundary lines along their entire length touched lands under other ownership prior to August 6, 1934, and have not since been changed, such parcel of land may be used for a single-family dwelling.

   (E)   For any residence on a cul-de-sac in residence districts "AA," "AA-2", "A," "B", and "C," the required frontage may be taken at the building line but in no case shall the street frontage be less than 50 feet, except for lots of record.

   (F)   Lands used primarily for access to a lot of record where less than 50 feet wide may not be included in determining the area of a lot.

   (A)   Accessory buildings may be built in a required rear yard within five feet of the rear or side lot line, provided that:

      (1)   70% of the rear yard remains free of any accessory buildings.

      (2)   The total footprint size for accessory buildings on a property added together cannot exceed one-half the footprint of the main building or 750 square feet, whichever is larger.

      (3)   Accessory buildings will maintain a minimum of 12.5 feet separation from a building used as a dwelling.

   (B)   No accessory building, which is not a part of the main building, shall be constructed upon a lot until the construction of 50% or more of the main building has been completed and no accessory building shall be used unless the main building on the lot is also being used.

   (C)   Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, and ornamental features projecting not to exceed 18 inches.

   (D)   Open or lattice-enclosed fire escapes, fire-proof outside stairways, and balconies openings upon fire towers projecting into a rear yard not more than five feet, and the ordinary projection of chimneys and flues may be permitted by the Building Commissioner.

   (E)   An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.

   (F)   For the purpose of the side yard regulations, a two-family or a multiple dwelling shall be considered as one building occupying one lot.

   (G)   Where a residence existed on July 7, 1943, and extends into the required front yard, and inset portion of such residence may, nonetheless, be extended to coincide with existing front building line thereof, provided that such inset is less than one-half of the total width of the building front. Such insets may be reconstructed and structurally altered.

   (H)   There may be more than one main building on a lot used for public, institutional, or commercial purposes provided that required yards be maintained around the group of buildings.

   (I)   Fences may be constructed in yards subject to the following limitations.

      (1)   No fences may be built on corner lots within the triangle formed by points 30 feet from the intersection along the street lines and the intersection.

      (2)   Fences not in excess of four feet in height may be built in the front and side yards provided that they are located no closer than three feet to the street line and have 50% or more open area when measured in a horizontal plane.

      (3)   Fences not in excess of six feet may be built in a rear yard.

      (4)   Fences at least four feet in height with secure gates shall enclose all swimming pools.

      (5)   Open wire mesh fences surrounding tennis courts may be erected to a height of 12 feet but shall enclose only a standard court or courts; shall be at least 12 feet from all lot lines and screened by planting or vines.

      (6)   Fences between residential properties shall be erected with the post side facing inward to the property in which the fence is erected and the finished side of the fence shall face outward.

      (7)   In the D and E Business District, fence regulations shall be the same as residential fence regulations, with the following exceptions; Business District side yard fences may be solid, up to six feet in height and the good side to face as determined in the appropriateness review, which may include a requirement for a two sided fence. The same exceptions also apply to the property line of residential lots abutting (1) the D and E Business Districts or (2) parking lots allowed on residential properties.

   (J)   Existing buildings in violation of yard regulations may be repaired and maintained but may not be replaced or structurally altered.

(Am. Ord. 2006-08, passed 3-6-06; Am. Ord. 2007-22, passed 8-6-07; Am. Ord. 2010-47, passed 12-6-10; Am. Ord. 2010-63, passed 1-10-11) Penalty, see § 154.99

   (A)   Rules for computing parking spaces. In computing the number of required off-street parking spaces, the following rules shall apply:

      (1)   Floor area shall mean the gross floor area of the entire building of the specific use, excluding any floor or portion thereof used for parking, as defined in this chapter.

      (2)   Where fractional spaces result, the parking spaces required shall be the next greater whole number.

      (3)   In the case of mixed uses, the parking spaces required shall be computed separately for each use.

      (4)   Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is reconstructed or is enlarged to the extent of 20% or more in floor area, the building or use in its entirety shall then and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20% of the gross floor area shall be provided with parking based on the enlargement or change. Existing buildings in violation of parking requirements shall not be enlarged.

      (5)   All required parking shall be available at all times for the use for which the parking is required. No spaces shall be used for any other parking, for storage or for any other purpose. Commercial trucks and vehicles shall be parked at the rear of the premises during nonbusiness hours.

   (B)   Minimum improvements and maintenance standards. Required parking facilities other than residential spaces shall conform with the following improvements and maintenance standards.

      (1)   Parking lots shall be paved in accordance with village standards.

      (2)   Adequate provision shall be made for the disposal of storm or surface water.

      (3)   At least 10% of the parking area shall be devoted to landscaped space. Trees or shrubs shall be planted and maintained to substantially screen all off-street parking areas on such property from the view of adjoining property in a residential district.

      (4)   There shall not be more than one entrance and one exit, or one combined entrance, or exit, along any one street unless same is deemed necessary by the Council for the alleviation of traffic congestion and interference of traffic movement along such street.

      (5)   The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface by raised directional signs, or by markers or other similar measures placed in the surfacing.

      (6)   The parking area shall be maintained in a manner to keep it as free as practicable from dust, paper, and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet, and snow and in a safe condition for use by pedestrians. All signs, markers, or any other method used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Likewise, any walls, trees, shrubbery, as well as surfacing of the parking areas, shall be maintained in good condition throughout its use for parking purposes. The Building Commissioner shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair, or rehabilitation is completed.

   (C)   Off-street loading requirements.

      (1)   There shall be provided at the time any building is erected or structurally altered off-street loading space in accordance with the following requirements:

      (2)   In all cases where the required off-street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than 50 feet shall be provided on the lot on which the use is located.

      (3)   All required off-street loading spaces shall be paved and shall be screened from the front yard area of the lot and from adjoining property in a residential district.

(Am. Ord. 2006-07, passed 3-6-06; Am. Ord. 2007-22, passed 8-6-07) Penalty, see § 154.99

   154.57(A)   Statutory authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Village Council of Glendale, State of Ohio, does ordain the following floodplain regulations.

   154.57(B)   Findings of fact. The village has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

   154.57(C)   Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare, and to:

      (1)   Protect human life and health;

      (2)   Minimize expenditure of public money for costly flood control projects;

      (3)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)   Minimize prolonged business interruptions;

      (5)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      (6)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

      (7)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

      (8)   Minimize the impact of development on adjacent properties within and near flood prone areas;

      (9)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;

      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain;

      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and

      (12)   Meet community participation requirements of the National Flood Insurance Program.

   154.57(D)   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:

      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

      (2)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

      (4)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

      (5)   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

   154.57(E)   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the village as identified in division (F) below, including any additional areas of special flood hazard annexed by the village.

   154.57(F)   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:

      (1)   A FIRM (Flood Insurance Rate Map) for Hamilton County, Ohio and the Incorporated Areas, final date of May 17, 2004.

      (2)   Other studies and/or maps which may be relied upon for establishment of flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard include: Flood Insurance Study for Hamilton County, Ohio and Incorporated Areas, printed May 17, 2004; and,

      (3)   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio that has been approved by the village as required by division (M)(3) of this section. Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the fire station located at 80 East Sharon Avenue, Glendale, Ohio.

   154.57(G)   Abrogation and greater restrictions. These regulations are not intended to repeal any existing ordinances (or resolutions) including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance (or resolution), the more restrictive shall be followed. These regulations shall not intend to impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.

   154.57(H)   Interpretation. In the interpretation and application of these regulations, all provisions shall be:

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the governing body; and,

      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.

   154.57(I)   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the village, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

   154.57(J)   Separability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

   154.57(K)   Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.

   ACCESSORY STRUCTURE. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

   APPEAL. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.

   BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or 100 year flood.

   BASE (100-YEAR) FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).

   BASEMENT. Any area of the building having its floor sub-glade (below ground level) on all sides.

   DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

   ENCLOSURE BELOW THE LOWEST FLOOR. See LOWEST FLOOR.

   EXECUTIVE ORDER 11988 (FLOOD PLAIN MANAGEMENT). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

   FILL. A deposit of earth material placed by artificial means.

   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland or tidal waters, and/or

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD HAZARD BOUNDARY MAP (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

   FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federa1 Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

   FLOOD INSURANCE RISK ZONES. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

      (1)   Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.

      (2)   Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood: base flood elevations are determined.

      (3)   Zone AO: Special flood hazard areas inundated by the 100-year flood: with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.

      (4)   Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.

      (5)   Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a federal flood protection system under construction; no base flood elevations are determined.

      (6)   Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.

      (7)   Zone C and Zone X (un-shaded): Area determined to be outside the 500-year floodplain.

   FLOOD INSURANCE STUDY (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

   FLOOD PROTECTION ELEVATION. The Flood Protection Elevation, or FPE, is the base flood elevation plus [X] feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.

   FLOODWAY. A floodway is the channel of river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

   FREEBOARD. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

   HISTORIC STRUCTURE. Any structure that is:

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

      (3)   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

   HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

   LETTER OF MAP CHANGE (LOMC). Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:

      (1)   Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

      (2)   Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

      (3)   Conditioned Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

   LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in R.C. Chapter 3733.

   MANUFACTURED HOME PARK. As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.

   NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The NFIP is a federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood loss.

   NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the initial effective date of the Village of Glendale Flood Insurance Rate Map, and includes any subsequent improvements to such structures.

   PERSON. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in R.C. § 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.

   RECREATIONAL VEHICLE. A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self- propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

   REGISTERED PROFESSIONAL ARCHITECT. A person registered to engage in the practice of architecture under the provisions of R.C. §§ 4703.01 to 4703.19.

   REGISTERED PROFESSIONAL ENGINEER. A person registered as a professional engineer under R.C. Chapter 4733.

   REGISTERED PROFESSIONAL SURVEYOR. A person registered as a professional surveyor under R.C. Chapter 4733.

   SPECIAL FLOOD HAZARD AREA. Also known as "areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

   START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

   STRUCTURE. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:

      (1)   Any improvement to a structure which is considered "new construction;"

      (2)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

      (3)   Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

   VARIANCE. A grant of relief from the standards of these regulations consistent with the variance conditions herein.

   VIOLATION. The failure of a structure or other development to be fully compliant with these regulations.

   154.57(L)   Administration.

      (1)   Designation of the Floodplain Administrator. The Floodplain Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

      (2)   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

         (a)   Evaluate applications for permits to develop in special flood hazard areas.

         (b)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

         (c)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

         (d)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.

         (e)   Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.

         (f)   Enforce the provisions of these regulations.

         (g)   Provide information, testimony, or other evidence as needed during variance hearings.

         (h)   Coordinate map maintenance activities and FEMA follow-up.

         (i)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

      (3)   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in division (F) of this section, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these requirements have been met.

      (4)   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

         (a)   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

         (b)   Elevation of the existing, natural ground where structures are proposed.

         (c)   Elevation of the lowest floor, including basement, of all proposed structures.

         (d)   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

         (e)   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

            1.   Floodproofing certification for non-residential floodproofed structure as required in division (M)(5) of this section.

            2.   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of division (M)(4)(e) of this section are designed to automatically equalize hydrostatic flood force.

            3.   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in division (M)(9)(c) of this section.

            4.   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by division (M)(9)(b) of this section.

            5.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by division (M)(9)(a) of this section.

            6.   Generation of base flood elevation(s) for subdivision and large scale developments as required by division (M)(3) of this section.

         (f)   A fee shall be charged by the village for each application as exhibited in the Floodplain Fee Schedule, attached to Ordinance No. 2003-12, passed June 2, 2003.

      (5)   Review and approval of a floodplain development permit application.

         (a)   Review.

            1.   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in division (L)(4) of this section has been received by the Floodplain Administrator.

            2.   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

         (b)   Approval. Within thirty days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one year. A floodplain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

      (6)   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

      (7)   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:

         (a)   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

         (b)   For all development activities subject to the standards of division (L)(10) of this section, a Letter of Map Revision.

      (8)   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with division (N) of this section.

      (9)   Exemption from filing a development permit.

         (a)   An application for a floodplain development permit shall not be required for:

            1.   Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000;

            2.   Development activities in an existing or proposed manufactured home park. Such activities are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701;

            3.   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906;

            4.   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734; or,

            5.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.

         (b)   Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

      (10)   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Glendale flood maps, studies and other data identified in division (F) of this section accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

         (a)   Requirement to submit new technical data.

            1.   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

               a.   Floodway encroachments that increase or decrease base flood elevation or alter floodway boundaries;

               b.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

               c.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

               d.   Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with division (M)(3) of this section.

            2.   It is the responsibility of the applicant to have technical data, required in accordance with this subdivision (L)(10)(a), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

            3.   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

               a.   Proposed floodway encroachments that increase the base flood elevation; and

               b.   Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

            4.   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to subdivision (L)(10)(a)1. above.

         (b)   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the village, and may be submitted at any time.

         (c)   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the village have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Glendale Flood Insurance Rate Map accurately represent the village boundaries, include within such notification a copy of a map of the village suitable for reproduction, clearly showing the new corporate limits or the new area for which the village has assumed or relinquished floodplain management regulatory authority.

      (11)   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

         (a)   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

         (b)   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

         (c)   When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

            1.   Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

            2.   Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

         (d)   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in division (N) of this section.

         (e)   Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

      (12)   Substantial damage determinations.

         (a)   Damages to structures may result from a variety of causes including tornado, wind, heavy snow, flood, fire, etc. After such a damage event, the Floodplain Administrator shall:

            1.   Determine whether damaged structures are located in special flood hazard areas;

            2.   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

            3.   Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

         (b)   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.

   154.57(M)   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in divisions (F) or (L)(11)(a) of this section.

      (1)   Use regulations.

         (a)   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the village are allowed, provided they meet the provisions of these regulations.

         (b)   Prohibited uses.

            1.   Private water supply systems in all special flood hazard areas identified by FEMA, permitted under R.C. Chapter 3701; and,

            2.   Infectious waste treatment facilities in all special flood hazard areas, permitted under R.C. Chapter 3734.

      (2)   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

         (a)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

         (b)   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

         (c)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

      (3)   Subdivisions and large developments.

         (a)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

         (b)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

         (c)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;

         (d)   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less; and

         (e)   The applicant shall meet the requirement to submit technical data to FEMA in division (L)(10)(a) of this section when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subdivision (d) above.

      (4)   Residential structures.

         (a)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.

         (b)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

         (c)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

         (d)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

         (e)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

            1.   Be used only for the parking of vehicles, building access, or storage;

            2.   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters: or

            3.   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

         (f)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

         (g)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this division (M)(4).

         (h)   In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide flood waters around and away from the structure.

      (5)   Nonresidential structures.

         (a)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of division (M)(4)(a) through (c), (e) and (g) of this section.

         (b)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

            1.   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

            2.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

            3.   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with subdivision 1. and 2. above.

         (c)   In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

      (6)   Accessory structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

         (a)   They shall not be used for human habitation;

         (b)   They shall be constructed of flood resistant materials;

         (c)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;

         (d)   They shall be firmly anchored to prevent flotation;

         (e)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and,

         (f)   They shall meet the opening requirements of division (M)(4)(e)3. of this section.

      (7)   Recreational vehicles. Recreational vehicles must meet at least one of the following standards:

         (a)   They shall not be located on sites in special flood hazard areas for more than 180 days;

         (b)   They must be fully licensed and ready for highway use; or,

         (c)   They must meet all standards of division (M)(4) of this section.

      (8)   Above ground gas or liquid storage tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

      (9)   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated an these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

         (a)   Development in floodways.

            1.   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

            2.   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

               a.   Meet the requirements to submit technical data in division (L)(10)(a) of this section;

               b.   An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

               c.   Certification that no structures are located in areas which would be impacted by the increased base flood elevation;

               d.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and,

               e.   Concurrence of the Mayor and the Chief Executive Officer of any other communities impacted by the proposed actions.

         (b)   Development in riverine areas with base flood elevations but no floodways.

            1.   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

            2.   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

               a.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible; and,

               b.   Division (M)(9)(a)1.a. and c. through e. above.

         (c)   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

            1.   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

            2.   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

            3.   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the village specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

            4.   The applicant shall meet the requirements to submit technical data in division (L)(10)(a)1.c. of this section when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

   154.57(N)   Appeals and variances.

      (1)   Powers and duties.

         (a)   The Glendale Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

         (b)   Authorize variances in accordance with division (N)(4) of these regulations.

      (2)   Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within ten days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Clerk Treasurer of the village. Appeal procedures, timelines and process will be followed as described in § 154.65.

      (3)   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

         (a)   Application for a variance.

            1.   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.

            2.   Such application at a minimum shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

         (b)   Notice for public hearing. The Appeals Board shall schedule and hold a public hearing within 30 days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one or more newspapers of general circulation in the community at least ten days before the date of the hearing.

         (c)   Public hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:

            1.   The danger that materials may be swept onto other lands to the injury of others.

            2.   The danger to life and property due to flooding or erosion damage.

            3.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

            4.   The importance of the services provided by the proposed facility to the community.

            5.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

            6.   The necessity to the facility of a waterfront location, where applicable.

            7.   The compatibility of the proposed use with existing and anticipated development.

            8.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

            9.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

            10.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

            11.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

         (d)   Variances shall only be issued upon:

            1.   A showing of good and sufficient cause.

            2.   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations do not constitute an exceptional hardship to the applicant.

            3.   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

            4.   A determination that the structure or other development is protected by methods to minimize flood damages.

            5.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

            6.   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.

         (e)   Other conditions for variances.

            1.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

            2.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in division (M)(3)(c)1. to 11. above have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

            3.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

      (4)   Procedure at hearings.

         (a)   All testimony shall be given under oath.

         (b)   A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.

         (c)   The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

         (d)   The administrator may present evidence or testimony in opposition to the appeal or variance.

         (e)   All witnesses shall be subject to cross-examination by the adverse party or their counsel.

         (f)   Evidence that is not admitted may be proffered and shall become part of the record for appeal.

         (g)   The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

         (h)   The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

      (5)   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Hamilton County Court of Common Pleas, as provided in R.C. Chapter 2506.

   154.57(O)   Enforcement.

      (1)   Compliance required.

         (a)   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in division (L)(9) of this section.

         (b)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with division (O)(3) of this section.

         (c)   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with division (O)(3) of this section.

      (2)   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he or she shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

         (a)   Be put in writing on an appropriate form;

         (b)   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;

         (c)   Specify a reasonable time for performance;

         (d)   Advise the owner, operator, or occupant of the right to appeal; or,

         (e)   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

      (3)   Penalties. Whoever violates any provisions and requirements of this section is guilty of a minor misdemeanor on a first offense with escalation penalty provisions as described in § 154.99. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation. The village shall prosecute any violation of these regulations in accordance with the penalties stated herein and in § 154.99.

(Ord. 2003-12, passed 6-2-03; Am. Ord. 2004-17, passed 5-3-04)

   (A)   Purpose. These regulations are established to provide for the construction and use of wireless telecommunication facilities in the village. The regulations allow wireless telecommunication facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the village in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.) and the interests of the village in regulating wireless telecommunication facilities for the following reasons:

      (1)   To provide for orderly development within the village;

      (2)   To protect property values;

      (3)   To maintain the aesthetic appearance of the village, including, but not limited to, its National Historic Landmark status, its unique residential character, unobstructed open spaces and attractive neighborhood commercial area;

      (4)   To protect residential properties, historical areas, parks, open spaces and the commercial areas which are characteristic of the village from the adverse effects of towers and related facilities;

      (5)   To promote collocation of wireless telecommunications facilities in order to decrease the total number of towers in the village;

      (6)   To provide for and protect the health, safety and general welfare of the residents and visitors of the village; and

      (7)   To maintain, where possible, the integrity of the existing zoning regulations contained in the code.

      (8)   The regulations establish a hierarchy of acceptable land areas for the location of wireless telecommunication facilities through the establishment of such use as a permitted use on certain properties, as a conditional use in certain zoning districts, or as a permitted accessory use for erection of antennas only, which determination is dependent upon the location and characteristics of such land areas.

   (B)   Definitions.

      COLLOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

      LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which tapers from the foundation.

      MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

      PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. § 332(c)(7).

      TECHNICALLY SUITABLE. The location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the village.

      TELECOMMUNICATION(S). The technology that enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term "Personal Wireless Services."

      WIRELESS TELECOMMUNICATION ANTENNA or ANTENNA ARRAY. The physical device or an array of elements constituting a physical device through which electromagnetic, wireless telecommunications signals authorized by the FCC are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

      WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER or EQUIPMENT SHELTER. The structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

      WIRELESS TELECOMMUNICATION FACILITY or FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of "Personal Wireless Services."

      WIRELESS TELECOMMUNICATION TOWER or TOWER. A structure, other than a building, that elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.

   (C)   Applicability. No person shall construct, erect, maintain, extend or remove a wireless telecommunication facility in the Village without compliance with the provisions of this Section.

   (D)   Use Regulations.

      (1)   Prohibited use. Wireless telecommunication towers are expressly prohibited within the National Historic Landmark District, within any designated local historic district, within any Historic District "H" overlay district, and on any property containing a national historic landmark or designated local landmark.

      (2)   Permitted use. A wireless telecommunication tower shall be permitted in any interstate highway right-of-way pursuant to the provisions as set forth in this section, where applicable.

      (3)   Conditionally permitted use – towers. Unless prohibited under § 154.58(D)(1) above, a wireless telecommunication tower may be permitted as a conditional use in any residential district. Such use may be approved under the procedure set forth in § 154.62, provided the applicant demonstrates compliance with the requirements of this section and all other applicable provisions of the zoning code, and of all applicable federal and state statutes and regulations.

      (4)   Conditionally permitted use – antennas.

         (a)   A wireless telecommunication antenna may be permitted as a conditional use in any district. Such use may be approved under the procedure set forth in § 154.62, provided the applicant demonstrates compliance with the requirements of this section and all other applicable provisions of the zoning code, and of all applicable federal and state statutes and regulations. Such conditionally permitted antennas may be approved for installation on existing buildings and structures that are four or more stories above grade provided that no more than two antennas or antenna arrays shall be installed on any building or structure, the antennas or antenna arrays are not visible and do not extend above the highest point of the roof, and all electronic and relay equipment for the antenna are housed within the existing building or structure or in an equipment shelter that is screened so as not to be visible from neighboring properties, public rights-of-way, and other public areas;

         (b)   To the extent the remaining standards of this section are applicable to the installation of a wireless telecommunication antenna on an existing building or structure, such standards shall govern the installation.

   (E)   Minimum Standards for Construction Erection, Maintenance and Removal. Except as otherwise provided in this Section, all wireless telecommunication towers and their related facilities shall comply with the following standards:

      (1)   Spacing. There shall be a separation of a minimum of 1/4-mile between wireless telecommunication towers, including a separation of at least 1/4-mile from any such tower located outside the village's corporate limits at the time an application is made for a tower to be located within the village.

      (2)   Height.

         (a)   The maximum height of a free-standing wireless telecommunication tower, including its antenna and all appurtenances, shall be 150 feet above the approved grade.

         (b)   The height of any equipment shelter shall not exceed 15 feet from the approved grade.

      (3)   Setbacks.

         (a)   Except as provided in division (b) below, all wireless telecommunication towers shall be set back from property lines a distance of at least 300 feet from other residentially zoned property. Otherwise, the tower and related facilities shall comply with the required setbacks for the zoning district in which they are located. In no event shall a wireless telecommunication tower or facility be located in front of the principal building on the lot, if any.

         (b)   All wireless telecommunication towers located on an interstate highway right-of-way shall be setback from a dwelling unit a distance of 110% of the height of the tower.

      (4)   Lot Size. The minimum lot size for new wireless telecommunication towers shall be one acre.

      (5)   Design.

         (b)   All wireless telecommunication facilities shall be subject to review the procedure set forth in § 154.62 for the purpose of enhancing the compatibility of the facilities with their surroundings. The color of a wireless telecommunication tower including any antenna(s) attached thereon shall be as determined by the Village Council upon recommendation of the Glendale Planning Historic Preservation Commission (GPHPC) for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).

         (c)   The wireless telecommunication antenna(s) shall be of a panel design and mounted flush to the tower, building or structure which elevates the antenna(s), unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antenna(s) or to mount them in such a fashion.

      (6)   Landscaping. A landscaped buffer area of not less than fifteen feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen 15-foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary.

      (7)   Engineering report. A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable Federal, State, County, and Village regulations. The report shall include a detailed description of the wireless telecommunication tower, antenna(s), equipment shelter, and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC and shall certify that the use of the facilities will not adversely affect or interfere with radio transmissions for public safety purposes. The Village may, at its option, retain a qualified outside consultant to review technical information provided by the applicant, and the costs, fees and expenses of such an outside consultant shall be borne wholly by the applicant.

      (8)   SHPO materials. All materials submitted to the State Historic Preservation Office (SHPO) for review pursuant to Section 106 of the National Historic Preservation Act of 1966, shall be submitted by the applicant prior to approval by the SHPO.

      (9)   Photosimulations. An applicant for a permit to construct or otherwise install personal wireless telecommunications facilities must submit photosimulations of the proposed facility as it would be seen from residential areas, public rights-of-way, public parks, and other sites deemed appropriate by the GPHPC.

      (10)   Collocation.

         (a)   With the application, the applicant shall list the location of every tower, building or structure (including those outside the corporate boundaries of the Village) that could support the proposed antenna(s) or arrays where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another existing tower, building or structure is technically suitable, the applicant must demonstrate that it has requested to collocate on the existing tower, building or structure and the collocation request was rejected by the owner of the tower, building or structure. In all circumstances, owners of existing towers, buildings or structures shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for collocation. If another tower, building or structure is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower, building or structure to collocate an antenna(s) on another tower, building or structure which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted; and

         (b)   All applicants for construction or erection of wireless telecommunication towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to 150 feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three antenna or antenna array platforms of equal loading capacity for three separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment. shelter large enough to accommodate at least three separate users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least three separate users. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the Village Administrator evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding collocation of another user of the facility within 30 days after receipt of a written inquiry. Copies of all written requests to collocate and all written responses shall be sent to the Village Administrator.

      (11)   Maintenance.

         (a)   The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.

         (b)   On each biennial anniversary of the issuance of the use permit for a wireless telecommunication facility, or not more than ninety (90) days prior thereto, the owner/user shall submit to the village a report prepared by a licensed professional engineer which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.

      (12)   Lighting.

         (a)   All wireless telecommunication antennas or towers 100 feet in height or greater shall be illuminated for aviation purposes by the most visually nonobtrusive "state-of-the-art" lighting available, unless otherwise required by the FAA. Lighting fixtures or signs shall not be attached to the antenna or tower.

         (b)   Unless required by law, all antennas or towers less than 100 feet in height shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, the most visually nonobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.

      (13)   Security.

         (a)   A security fence not less than six feet above grade but not greater than eight feet above grade in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. The fence shall be construed such that at least fifty percent (50%) of any linear foot of such fence is open for the through passage of light and air. Gates shall be locked at all times.

         (b)   A permanent warning sign with a minimum size of one square foot and a maximum size of three square feet shall be posted on the site, containing an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the Village Administrator, the Fire Department and the Police Department, with the names, addresses, and telephone numbers of persons to contact in the event of an emergency.

      (14)   Advertising Prohibited. No advertising sign or device shall be permitted anywhere on a wireless telecommunication facility site.

      (15)   Outdoor Storage. There shall be no outdoor storage of equipment or other items on the wireless telecommunication facility site except during the facility construction period and to supply temporary emergency power to the facility only during a power outage.

      (16)   Access to facility. The access driveway to the wireless telecommunication facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a maximum of 18 feet in width and shall be set back a minimum of 20 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site. There shall be a maximum of one off-street parking space on the facility site.

      (17)   Accessory equipment shelter.

         (a)   The maximum cumulative total size of all equipment shelters accessory to a wireless telecommunication tower or antenna on a lot shall be 750 square feet and their maximum height shall not exceed 15 feet above the approved grade at the site for an equipment shelter with a pitched roof and a maximum height of ten feet above the approved grade at the site for an equipment shelter with a flat roof. Only one equipment shelter, or the configuration of more than one equipment shelter constructed to appear that there is only one equipment shelter, shall be permitted on a lot. The roof and facade of the equipment shelter shall be compatible with architectural design and materials with the principal building on the lot, if any, and shall otherwise be comparable to existing buildings within the village and shall not attempt to introduce an architectural style not found in the village and/or a style which would be incompatible with the historical and aesthetic development of the village.

         (b)   Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a wireless telecommunication facility.

      (18)   Utilities to be underground. All utility lines from the utility source to the wireless telecommunication facility shall be underground.

      (19)   Time limit for commencement and completion. After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within six months and shall complete construction within one year or the permit shall expire.

      (20)   Abandonment and removal of facilities.

         (a)   If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, the facility shall be deemed abandoned. The Village Administrator shall notify the owner/user in writing and advise that the facility must be reactivated within 90 days, or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same 90 day period, all at the cost of the owner/user. The owner/user of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the use permit, file a declaration with the Village Administrator as to the continuing operation of each of its facilities within the village.

         (b)   The applicant for a wireless telecommunication tower and/or the property owner shall be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $75,000 to assure the faithful performance of the terms and conditions of this section and of any permit issued pursuant to this section. The applicant for a wireless telecommunication antennas and/or the property owner shall be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $25,000 to assure the faithful performance of the terms and conditions of this ordinance and of any permit issued pursuant to this section. The full amount of the bond shall remain in full force and effect throughout the term of the permit and/or until any necessary work is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original permit.

         (c)   If an access drive which is separate from an existing access drive on the property is required to be constructed for a wireless telecommunication facility, the owner/operator of the facility shall also be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $30.00 per linear foot of access drive. The bond(s) shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunication facility and/or access drive shall be removed within 180 days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies or operates the facility.

      (21)   Fees.

         (a)   The non-refundable zoning application fee for a new tower is $5,000. The non-refundable zoning application fee for new telecommunication antennas not located on a new tower is $2,500. The application fee for a building permit shall be as established by separate ordinance.

         (b)   If the village, at its option, retains a qualified outside consultant to review technical information provided by the applicant, the applicant shall make an initial deposit with the village of $8,500 to reimburse the village for all anticipated reasonable costs of consultants and expert evaluation and consultation to the village. The village will maintain a separate escrow account for all such funds. The village's consultants/experts shall invoice the village for the services in reviewing the application. If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the village, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Village before any further action or consideration is taken on the application. In the event that the amount held in escrow by the village is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.

   (F)   Exemption of certain village property. Notwithstanding the provisions of this section, a wireless telecommunication facility may be permitted on any property owned or controlled by the village and used for public services and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by Village Council.

(Ord. 2006-13, passed 6-5-06)

      (1)   Scale elevation drawing(s) of proposed sign(s);

      (2)   Foundation and anchoring drawing(s) of proposed sign(s);

      (3)   A dimensioned site plan showing the location of proposed sign(s) and adjacent buildings or other structures;

      (4)   Descriptions and specifications related to proposed materials;

      (5)   For wall signs, a building elevation drawn to scale showing the proposed wall sign and the dimension from established grade to the top of the sign;

      (6)   For monument and freestanding signs, a sign base landscaping plan; and

      (7)   Written consent signed by the owner of the property on which the sign is proposed to be located indicating his/her approval of the sign.

      Temporary signs which are nine square feet per face or less, subject to location and other restrictions contained in this section.

         (a)   In any public park or on any public property or right-of-way, unless otherwise expressly permitted within this Zoning Code, the Village Code of Ordinances or pursuant to a formally-adopted village policy;

         (b)   On any traffic control sign, utility pole, fences, or street sign; on any tree, or other natural object; or in any location where the view of approaching or intersecting traffic or pedestrians would be obstructed;

         (c)   In any location which interferes with the safe movement of vehicles or pedestrians entering, leaving, crossing, or traversing a public right-of-way or sidewalk;

         (d)   In any locations where the illumination of the sign is directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises;

         (e)   On private property without the permission of the owner;

         (f)   On any fire escape or any door or window giving access to any fire escape; and

         (g)   On any chimney, smokestack, or stair tower.

         (a)   Signs which move or rotate, such as: motion signs, balloons, gas inflated signs or similar inflated signs, searchlights, streamers, animated signs, pennant signs, spinners, flags, or any other similar devices;

         (b)   Internally illuminated signs;

         (c)   Electronic signs;

         (d)   Bench signs;

         (e)   Flashing signs;

         (f)   Reflective signs;

         (g)   Projected images;

         (h)   Roof signs;

         (i)   Trailer signs;

         (j)   Bandit signs, except as otherwise permitted;

         (k)   Snipe signs;

         (l)   Portable signs;

         (m)   Signs requiring a permit in accordance with this section which do not have a permit;

         (n)   Abandoned signs;

         (o)   Neon signs; and

         (p)   Off-premises signs, except that off-premises signs not exceeding 11 inches by 17 inches (11” x 17”) in size are permitted as temporary window signs.

         (a)   By a white, steady, stationary light of reasonable intensity, directed solely at the sign or otherwise prevented from beaming directly onto adjacent properties, roadways or rights-of-way.

         (b)   The level of illumination directed to the sign shall not be of an intensity sufficient to constitute a demonstrable hazard to vehicular traffic on any right-of-way, roadway, or parking lot from which the sign may be viewed.

         (c)   No exposed light sources are permitted. All light fixtures shall be screened from view by site grading or evergreen shrubs.

         (d)   All wiring, fittings and materials used in the construction, connection and operation of illuminated signs shall be in accordance with the provisions of the local electric code. All illuminated signs shall be properly grounded.

      (1)   Shall not be mounted, attached, affixed, installed or otherwise secured in a manner that will make the sign a permanent sign;

      (2)   Shall not be illuminated;

      (3)   Shall not include, be attached to, or incorporate any other sign type prohibited by this section;

      (4)   Shall not be placed in a prohibited location as established by this section; and

      (5)   Shall be removed or replaced when they are deteriorated.

      (1)   The following signs are permitted for properties containing dwellings used for residential purposes, as defined by § 154.03, in all residential districts (AA-1; AA-2; A, B, and C):

         (a)   Mounted wall signs; and

         (b)   Temporary signs with a maximum area of four square feet.

            1.   Maximum height above established grade: eight feet.

            2.   Maximum area: one square foot.

            3.   Location: cannot protrude more than two inches from wall or building to which it is attached.

            4. External illumination permitted: no.

            1.   Maximum height above established grade when ground-mounted: three feet.

            2.   Maximum height when wall-mounted: below the roof parapet line.

            3.   Location: set back minimum of eight feet from curb/edge of roadway or two feet from edge of sidewalk farthest from the roadway, whichever is greatest.

            4.   External illumination permitted: no.

            5.   Other restrictions: per (K)(1), temporary signs which are four square feet per face or less, subject to location and other restrictions contained in this section do not require a permit, but any temporary sign which does not meet all parameters with respect to size and location to be exempt from permitting shall require a permit.

      (1)   The following signs are permitted on properties containing non-residential primary uses in all residential districts (AA-1; AA-2; A, B, and C). Non-residential uses are all uses which do not fall qualify as a “dwelling” used for residential purposes, as defined by § 154.03:

         (a)   Mounted wall signs;

         (b)   Monument signs; and

         (c)   Temporary signs with a maximum area of nine square feet.

            1.   Maximum height above established grade: eight feet.

            2.   Maximum area: one square foot.

            3.   Location: cannot protrude more than two inches from wall or building to which it is attached.

            4.   External illumination permitted: yes.

            1.   Maximum height above established grade: five feet.

            2.   Maximum area: 30 square feet.

            3.   Location: set back a minimum of eight feet from curb/edge of roadway or two feet from edge of sidewalk farthest from the roadway, whichever is greatest.

            4.   External illumination permitted: yes.

            5.   Other restrictions: may include a manual changeable copy sign.

            1.   Maximum height above established grade when ground-mounted: three feet.

            2.   Maximum height when wall-mounted: below the roof parapet line.

            3.   Location: set back a minimum of eight feet from curb/edge of roadway or two feet from edge of sidewalk farthest from the roadway, whichever is greatest.

            4.   External illumination permitted: no.

            5.   Other restrictions: per (K)(1), temporary signs which are nine square feet per face or less, subject to location and other restrictions contained in this section do not require a permit, but any temporary sign which does not meet all parameters with respect to size and location to be exempt from permitting, shall require a permit.

      (1)   The following signs are permitted in Zoning Districts “D” and “E”:

         (a)   Wall signs (mounted and projecting);

         (b)   Monument signs;

         (c)   Window signs;

         (d)   Freestanding signs;

         (e)   Awning signs;

         (f)   Sidewalk signs; and

         (g)   Temporary signs with a maximum area of nine square feet.

            1.   Maximum height above established grade: eight feet.

            2.   Maximum area: one and one-half square feet for every linear foot of width of the building face to which the sign is attached.

            3.   Location: cannot protrude more than two inches from wall or building to which it is attached.

            4.   External illumination permitted: yes.

            1.   Maximum height above established grade: two feet below the highest point on the building on which the sign is mounted.

            2.   Maximum area: one and one-half square feet for every linear foot of width of the building face or extension to which the sign is attached.

            3.   Location: cannot protrude more than three feet from wall or building to which it is attached

            4.   External illumination permitted: a projecting sign is limited to external illumination by indirect lighting methods such as gooseneck lighting.

            5.   Other restrictions: minimum eight feet above sidewalk; decorative supporting structures are not calculated in maximum square footage of sign.

            1.   Maximum height above established grade: five feet.

            2.   Maximum area: one-half square foot for every linear foot of frontage of the lot, with a maximum area of 30 square feet.

            3.   Location: set back minimum of eight feet from curb/edge of roadway or two feet from edge of sidewalk farthest from the roadway, whichever is greatest.

            4.   External illumination permitted: yes.

            5.   Other restrictions: may include a manual changeable copy sign.

            1.   Maximum height above established grade: ground/first floor only.

            2.   Maximum area of a window sign: one-half of the total area of the window upon which the sign is attached, or in which the sign is visible.

            3.   Location: ground/first floor of a building.

            4.   External illumination permitted: no.

            5.   Application: window signs may only be applied to the interior of the glazing.

            1.   Maximum height above established grade: five feet.

            2.   Maximum area: one square foot per linear foot of frontage of the premises, with a maximum of 30 square feet.

            3.   Location: set ack minimum of eight feet from curb/edge of roadway or two feet from edge of sidewalk furthest from the roadway, whichever is greatest.

            4.   External illumination permitted: yes.

            1.   Minimum height above established grade: eight feet above the sidewalk; 16 feet above any driveway or parking lot.

            2.   Maximum area: text and graphics on awning may not be greater than 15 square feet.

            3.   Location: may only have text or graphics on the front portion of awning.

            4.   External illumination permitted: no.

            1.   Maximum height above established grade: three feet.

            2.   Maximum area: six square feet.

            3.   Location: must be on paved public or private sidewalk or walkway; cannot be in landscaped areas or areas used for vehicles; may only be placed where the width and location of the sign allows for a minimum width of five feet of clear and passable sidewalk/walkway for pedestrians; may not be placed so as to obstruct access to parking meters, bicycle racks, and other features legally in the right-of-way; may not interfere with the opening of car doors in legal parking spaces, or with the operation of wheelchair lifts and ramps; may only be placed on the sidewalk/walkway from 9:00 a.m. to 5:00 p.m.

            4.   External illumination permitted: no.

            5.   Other restrictions: signs must be weighted to be stable and windproof to resist wind gusts.

            1.   Maximum height above established grade when ground-mounted: three feet.

            2.   Maximum height when wall-mounted: below the roof parapet line.

            3.   Location: set back a minimum of eight feet from curb/edge of roadway or two feet from edge of sidewalk farthest from the roadway, whichever is greatest.

            4.   External illumination permitted: no.

            5.   Other restrictions: per (K)(1), temporary signs which are nine square feet per face or less, subject to location and other restrictions contained in this section do not require a permit, but any temporary sign which does not meet all parameters with respect to size and location to be exempt from permitting shall require a permit.

      (1)   All pre-existing permanent legal signs that that conformed to the standards of the previous ordinance, but do not conform to the standards of this section must be brought into conformity upon the occurrence of any of the following events:

         (a)   Any change in the use of the property following the date that this section became effective;

         (b)   The discontinuance of the use of property for a period of more than six consecutive months;

         (c)   The damage or destruction of the sign amounting to a reduction of 50% or more of the market value of the sign (as determined by two established sign companies located in Ohio selected by the village);

         (d)   The structural alteration, rebuilding, enlargement, extension, or relocation of the existing nonconforming sign. However, the repainting or refacing of an existing nonconforming sign is not considered an alteration within the meaning of this section; or

         (e)   The nonconforming sign or sign structure is determined by the Village Zoning Administrator to be unsafe, insecure, or otherwise to constitute a nuisance to the public.

      (2)   All signs which lose their legal nonconforming status must be removed or brought into compliance with this section within 30 days of the date of the event which resulted in the loss of that status.

      (3)   All pre-existing temporary signs that that conformed to the standards of the previous ordinance, but do not conform to the standards of this section must be brought into conformity within one year of the effective date of this section or removed.

      (1)   Signs placed in prohibited sign locations as established in this section may be removed by the village and stored at the Village Municipal Building or other service building for a period of not more than ten days, after which the village may dispose of such signs. Persons who wish to claim signs which are removed and retained by the village may do so by contacting the Village Zoning Administrator during that time.

      (2)   Signs that are insecure, in danger of falling, or which otherwise pose an immediate threat to public safety may be removed by the village without notice to the owner. All costs incurred for the removal of such signage shall be the responsibility of the property owner. All unpaid costs shall be assessed to the property tax duplicate for the subject property. Signs so removed, to the extent possible, will be retained by the village for a period of not more than ten days and may be claimed by their owners by contacting the Village Administrator. After the retention period, the village may dispose of such signs. Signs which cannot be removed without destroying the sign may be discarded.

(Ord. 2022-04, passed 12-5-22)