Golf Manor City Zoning Code

TITLE ONE

Zoning Ordinance

1121.01 PURPOSE.

This Zoning Ordinance is enacted to promote the general health, safety, morals, comfort or general welfare; to conserve and protect property and property values; to secure the most appropriate use of land; to facilitate adequate but economical provision of public improvements; and to provide for the administration and enforcement of this Zoning Ordinance, including the provision of penalties for its violation, all in accordance with the provisions of the Ohio Revised Code, or under common law rulings.

(Ord. 92-20. Passed 11-23-92.)

1121.02 TITLE.

This Zoning Ordinance, consisting of Title One of Part Eleven (Ordinance 92-20 as amended), shall be known as the "Zoning Ordinance of the Village of Golf Manor", except as referred to herein, where it may be cited and referred to as "this Zoning Ordinance".

(Ord. 92-20. Passed 11-23-92.)

1121.03 VALIDITY.

Should any provision of this Zoning Ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1121.04 INTERPRETATION.

In the interpretation and application, the provisions of this Zoning Ordinance shall be held to minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this Zoning Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.

(Ord. 92-20. Passed 11-23-92.)

1121.05 REPEAL OF CONFLICTING ORDINANCES.

All ordinances in conflict with this Zoning Ordinance are hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect.

(Ord. 92-20. Passed 11-23-92.)

1121.06 EFFECTIVE DATE.

This Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law.

(Ord. 92-20. Passed 11-23-92.)

1123.01 INTERPRETATIONS OF TERMS OR WORDS.

For the purpose of this Zoning Ordinance, certain terms or words shall have the meanings as provided in this chapter. Where terms or words are not defined, they shall have their ordinary accepted meanings.

(Ord. 92-20. Passed 11-23-92.)

1123.02 ACCESSORY USE OR STRUCTURE.

“Accessory use or structure” means a use or structure subordinate to the principal use of a building or to the principal use of the land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building or land use.

(Ord. 92-20. Passed 11-23-92.)

1123.03 ADJACENT PROPERTY.

“Adjacent property” means a lot or parcel which is entirely or partially within 200 feet of any property line of another lot or parcel of land, whether or not the properties are contiguous.

(Ord. 92-20. Passed 11-23-92.)

1123.04 ADJOIN.

“Adjoin” means to physically touch or border upon; or to share a common property line.

(Ord. 92-20. Passed 11-23-92.)

1123.05 ALLEY.

“Alley” means a public or private way not more than twenty-six feet wide affording only secondary means to abutting property.

(Ord. 92-20. Passed 11-23-92.)

1123.06 AUTOMOBILE REPAIR: ONE OF THREE KINDS.

“Automobile repair: one of three kinds”:

(a) “Minor repair” means installation of minor parts, replacement of parts, reconditioning of engines and motor services to passenger cars and trucks not exceeding one and one-half tons capacity.

(b) “Major repair” means general servicing of passenger cars and trucks (excluding items listed under "minor repair"), incidental body, frame, fender or painting work and rebuilding of engines.

(c) “Body work” means exterior repair of motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; and vehicle steam cleaning.

(Ord. 92-20. Passed 11-23-92.)

1123.07 AUTOMOBILE SERVICE STATION.

“Automobile service station” means any building or land area used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.

(Ord. 92-20. Passed 11-23-92.)

1123.08 BLOCK.

“Block” means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any barrier to the continuity to development.

(Ord. 92-20. Passed 11-23-92.)

1123.09 BOARD.

“Board” means the Board of Zoning Appeals of the Village of Golf Manor, Ohio.

(Ord. 92-20. Passed 11-23-92.)

1123.10 BUILDING.

“Building” means any structure having a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals or property. When separated by dividing walls without openings, each portion of such building, so separated shall be deemed a separate building. (Ord. 92-20. Passed 11-23-92.)

1123.11 BUILDING HEIGHT.

“Building height” means the vertical distance measured from the average elevation of the proposed or finished grade at the front wall of the building to the height point of the coping of a flat roof or the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

(Ord. 92-20. Passed 11-23-92.)

1123.12 CONDITIONAL USE.

“Conditional use” means a specified use that may be authorized by and subject to conditions set forth in a permit approved by the Planning Commission and issued by the Zoning Administrator. (Ord. 92-20. Passed 11-23-92.)

1123.13 DAY CARE.

“Day care” means any place in which care for children or the elderly is provided on a regular basis for five or more persons at one time, unrelated to the owner, but not including overnight lodging. (Ord. 92-20. Passed 11-23-92.)

1123.14 DENSITY.

“Density” means the measure of residential land use intensity which is expressed as the maximum number of dwelling units permitted per acre.

(Ord. 92-20. Passed 11-23-92.)

1123.15 DETACHED.

“Detached” means not connected to any other structure in any manner by walls, roofs, or other structural supports; free standing.

(Ord. 92-20. Passed 11-23-92.)

1123.16 DEVELOPMENT.

“Development” means the improvement of the land for uses authorized under this Zoning Ordinance. (Ord. 92-20. Passed 11-23-92.)

1123.161 DRIVEWAY, ACCESS.

An access drive is a paved strip, which provides vehicular connection between off-street parking spaces and a public street for a commercial or industrial use.

(Ord. 2022-4. Passed 7-11-22.)

1123.162 DRIVEWAY, PRIVATE RESIDENCE.

A paved drive extending from the street pavement to a private garage or garages, or to on-site approved uncovered parking, located on a residential lot which is used by residents of the lot for vehicular access to and from such street, and for the temporary storage of registered and licensed motor vehicles. (Ord. 2022-4. Passed 7-11-22.)

1123.163 DUMPSTER.

(a) Construction Dumpster. A Construction Dumpster is a type of moveable waste container designed to be brought and taken away by a special collection vehicle and is used in conjunction with repair, remodeling or reconstruction of a residence which holds non-hazardous waste, debris and general junk such as packaging, mattresses, metal hardware and, fixtures, siding, cabinetry, drywall, roofing shingles and construction debris, carpeting or flooring, and discarded household goods such as toys, clothes, furniture and mattresses. A Construction Dumpster shall be considered an Accessory Structure in the Residential "A" Single-Family District and the Residential "B" Multi-Family District.

(b) Multi-Family Residential Dumpster. A Multi-Family Residential Dumpster is designed with a closeable lid and is located onsite to provide disposal of residential waste and garbage resulting from the handling, processing, preparation, cooking and consumption of food or food products.

(Ord. 2022-9. Passed 11-28-22.)

1123.17 DWELLING.

“Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. House trailers (mobile homes) shall not be considered dwellings for the purpose of this Zoning Ordinance. A single-family dwelling is a building that contains only one living unit.

(Ord. 92-20. Passed 11-23-92.)

1123.18 EDUCATIONAL INSTITUTION.

“Educational institution” means any noncommercial use of a structure or portion thereof which is designed or used as a preparatory, elementary, junior high or high school, college, university, vocation or continuing education facility.

(Ord. 92-20. Passed 11-23-92.)

1123.19 ESSENTIAL SERVICES.

“Essential services” means the erection, construction, alteration, or maintenance of underground, surface or overhead electrical, gas, steam, water and sewerage transmission and collection systems and the equipment necessary for such systems to furnish an adequate level of public service; also police, fire, paramedic.

(Ord. 92-20. Passed 11-23-92.)

1123.20 FAMILY.

“Family” means one or more persons occupying a dwelling or housekeeping unit provided that unless all members are related by blood, adoption, or marriage, no such family shall consist of more than four persons.

(Ord. 92-20. Passed 11-23-92.)

1123.21 FENCE.

“Fence” means a barrier constructed of nonliving materials in order to enclose, screen, or secure areas of land.

(Ord. 92-20. Passed 11-23-92.)

1123.22 GARAGE.

“Garage” means an accessory building designed or used for the storage of automobiles having a capacity of allowing for the storage of not more than four automobiles and meeting all other regulations for an accessory building.

(Ord. 92-20. Passed 11-23-92.)

1123.23 GARAGE, PRIVATE RESIDENTIAL.

“Garage, private residential” means an accessory use structure, attached or detached, to a residential structure and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public. (Ord. 92-20. Passed 11-23-92.)

1123.24 GLARE.

“Glare” means the brightness of a light source which causes eye discomfort.

(Ord. 92-20. Passed 11-23-92.)

1123.25 HOME OCCUPATION.

“Home occupation” means any occupation or profession of a clerical or professional nature carried on by a member of a family residing on the premise in connection with which there is used no sign other than nonilluminated name plate attached to the building entrance which is not more than one square foot in area; provided that no commodity is sold upon the premises; and provided that no mechanical equipment is used except such that is normally used for domestic or household purposes. (Ord. 92-20. Passed 11-23-92.)

1123.26 HOUSE TRAILER/MOBILE HOME.

“House trailer/mobile home” means any vehicle or structure constructed in such a manner as to permit occupancy thereof for use as sleeping and eating quarters or for the conduct of any business, trade or occupation, use as a selling or advertising device, or for storage or conveyance of tools, equipment, merchandise or machinery; and so designed that it is or may be propelled by motor power other than it's own.

(Ord. 92-20. Passed 11-23-92.)

1123.27 IMPERVIOUS SURFACE.

“Impervious surface” means any material which reduces or prevents absorption of storm water into the land.

(Ord. 92-20. Passed 11-23-92.)

1123.28 IMPERVIOUS SURFACE RATIO.

“Impervious surface ratio” means the maximum proportion of a site that may be occupied by surfaces that do not absorb water.

(Ord. 92-20. Passed 11-23-92.)

1123.29 INDUSTRY.

“Industry” means the storage, repair, manufacture, preparation or treatment of any article, substance, or commodity.

(Ord. 92-20. Passed 11-23-92.)

1123.29.5 INDUSTRIAL, LIGHT.

“Light industrial” means the assembly, fabrication or processing of goods and materials from previously prepared materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot which such assembly, fabrication or processing takes place, where such processes are housed entirely within a building, or where the area occupied by outdoor storage of goods and materials used in such processes does not exceed twenty-five percent (25%) of the floor area of all buildings on the property. “Light Industrial” shall not include basic industrial processing, hazardous materials treatment and storage facilities, agricultural industries, plating and enameling, pilot plants, prototype production plants abattoirs, tanning and fur finishing or petroleum and gas refining.

(Ord. 2002-3. Passed 4-22-02.)

1123.30 INSTITUTION.

“Institution” means a building and/or land designated to aid individuals in need of mental, therapeutic, rehabilitative counseling, education, religion, or other correctional services.

(Ord. 92-20. Passed 11-23-92.)

1123.31 LOT.

“Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Zoning Ordinance and having its principal footage on a public street.

(a) "Lot, corner" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner".

(b) "Lot, interior" means a lot other than a corner lot.

(c) "Lot, depth" means the mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

(d) "Lot lines" means the property lines bounding the lot.

(e) "Lot line, front" means the line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.

(f) "Lot line, rear" means the lot line opposite and most distant from the front lot line.

(g) "Lot line, side" means any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot separating a lot from another lot or lots is called an interior side lot line.

(h) "Lot line, street or alley" means a lot line separating the lot from a street or alley.

(i) "Lot of record" means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Hamilton County, Ohio, or a lot described by metes and bounds, the description of which has been recorded in such office.

(j) "Lot width" means the mean horizontal width of the lot measured at right angles to its depth.

(k) "Lot area" means the computed area contained within the lot lines.

(l) "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. 92-20. Passed 11-23-92.)

1123.32 NOISE.

“Noise” means any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying.

(Ord. 92-20. Passed 11-23-92.)

1123.33 NONCONFORMING USE.

“Nonconforming use” means the use of a building or land legally existing at the time of adoption of this Zoning Ordinance or any amendment thereto and which does not conform with the use or other regulations of the district in which located.

(Ord. 92-20. Passed 11-23-92.)

1123.34 OPEN SPACE.

“Open space” means land located within or related to a development not individually owned by occupants of the development or dedicated for public use, which is designed and intended for the common use or enjoyment of the occupants of the development.

(Ord. 92-20. Passed 11-23-92.)

1123.35 OVERLAY DISTRICT.

“Overlay District” means a district described by the zoning map within which, through superimposition of a special designation, further regulations and requirements apply in addition to those of the underlying districts to which such regulation is added.

(Ord. 92-20. Passed 11-23-92.)

1123.36 PAN HANDLE LOT.

“Pan handle lot” means any lot having an extension of its main lot to provide for front footage on a dedicated street.

(Ord. 92-20. Passed 11-23-92.)

1123.37 PARKING, OFF-STREET.

“Parking, off-street” means any open area other that a street or public right-of-way used for the temporary storage of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers.

(Ord. 92-20. Passed 11-23-92.)

1123.38 PARKING SPACE.

“Parking space” means an area on a lot sufficient in size to store one automobile (not less than ten feet by twenty feet) connected to a public street or alley by a driveway not less than ten feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile parked adjacent to the parking space. The parking space and connecting driveways shall be surfaced with a permanent dust-free paving.

(Ord. 92-20. Passed 11-23-92.)

1123.381 PORTABLE TOILET.

An outdoor toilet commercially manufactured or assembled that is portable and is not designed nor intended for connection to a sewer system and is placed onsite on a temporary basis during construction, remodeling or reconstruction of a residential structure. A Portable Toilet shall be considered an Accessory Structure in the Residential "A" Single-Family District and the Residential "B" Multi-Family District.

(Ord. 2022-9. Passed 11-28-22.)

1123.39 PRINCIPAL PERMITTED USE.

“Principal permitted use” means the primary or predominate use of any land or improvement on it. (Ord. 92-20. Passed 11-23-92.)

1123.391 PUBLIC SIDEWALK.

Public Sidewalks are those paved walkways on both public or private property, located within or near the public right-of-way, constructed to provide for the circulation of pedestrian traffic along the streets of the Village. Public Sidewalks more often than not traverse more than one property and are typically inter-connected throughout the community.

(Ord. 2022-4. Passed 7-11-22.)

1123.40 RIGHT-OF-WAY.

“Right-of-way” means a strip of land taken or dedicated for use as a public way. Rights- of-way may be occupied by a road, pedestrian walkway, utility line, railroad line, canal, or easement. (Ord. 92-20. Passed 11-23-92.)

1123.41 SETBACK.

“Setback” means the distance between a property line and the foundation line of a building, or any projection thereof.

(Ord. 92-20. Passed 11-23-92.)

1123.42 SIGN.

“Sign” means any visual communication display, object, device, graphic, structure, or part, situated indoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote an object, person, service, product, event, location, organization, or the like by means of letters, symbols, words, designs, colors, fixtures, images or illuminations.

(Ord. 92-20. Passed 11-23-92.)

1123.43 SITE.

“Site” means any lot or parcel of land or combination of contiguous lots or parcels of land.

(Ord. 92-20. Passed 11-23-92.)

1123.44 STORY.

“Story” means that part of a building between the surface of a floor and the ceiling immediately above. If there is no ceiling above it, any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.

(Ord. 92-20. Passed 11-23-92.)

1123.45 STREET.

“Street” means any public or private way set aside as a permanent right-of-way for vehicular traffic.

(Ord. 92-20. Passed 11-23-92.)

1123.46 STREET LINE.

“Street line” means the dividing line between a lot, tract or parcel of land and a contiguous street. (sometimes referred to as the right-of-way line)

(Ord. 92-20. Passed 11-23-92.)

1123.47 STRUCTURE.

Structure means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Structures include driveways, parking pads, parking areas, and patios.

(Ord. 2022-4. Passed 7-11-22.)

1123.48 TEMPORARY USE.

“Temporary use” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

(Ord. 92-20. Passed 11-23-92.)

1123.481 TEMPORARY STORAGE CONTAINER.

Any container, storage unit or other portable structure designed and primarily used for the temporary storage of personal property and which is located outside an enclosed building. Temporary Storage Containers also include shipping containers and similar portable storage devices which may be closed and secured to temporarily store reusable personal property. Accessory buildings complying with all building and zoning requirements shall not be considered a Temporary Storage Container. A Temporary Storage Container shall be considered an Accessory Structure in the Residential "A" Single-Family District and the Residential "B" Multi-Family District. (Ord. 2022-9. Passed 11-28-22.)

1123.49 USE.

“Use” means the purpose or activity for which land or building are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

(Ord. 92-20. Passed 11-23-92.)

1123.50 VARIANCE.

“Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public health, safety, or welfare, and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

(Ord. 92-20. Passed 11-23-92.)

1123.50.5 WHOLESALING.

“Wholesaling” means engaging in the sale of goods, merchandise, and commodities for resale by the purchaser. (Ord. 2002-3. Passed 4-22-02.)

1123.51 YARD.

“Yard” means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as expressly permitted in this Zoning Ordinance.

(a) "Yard, front" means a yard extending across the full width of the lot between any part of a building and the front lot line; and the depth of a front yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the front lot line.

(b) "Yard, front - least depth, how measured" means front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line) to the nearest point of any part of the building on such structure; provided, however, that if a proposed right-of-way line of such street has been officially established, then the required front yard least depth shall be measured from such proposed right-of-way line.

(c) "Yard, rear" means a yard extending across the full width of the lot between a building and the rear lot line; and the depth of a rear yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the rear lot line.

(d) "Yard, side" means a yard extending between the front yard and the rear yard between a building and the nearest side lot line; and the width of a side yard is the minimum horizontal distance between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line.

(e) "Yard, side - least width, how measured" means side yard widths shall be measured from the nearest side lot line, and, in case such lot line is a side street lot line, rom the right-of-way line of the existing street to the nearest point of any part of the building on such structure; provided, however, that if a proposed right-of- way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line.

(Ord. 92-20. Passed 11-23-92.)

1125.01 DISTRICT CLASSIFICATIONS CREATED.

The Village is hereby divided into six use districts as follows:

District	Abbreviation
Residential Single-Family	R-A
Residential Multi-Family	R-B
Business	B-A
Industrial	I-A
Industrial Restricted	I-A1
Business Overlay	B-A (O)

(Ord. 92-20. Passed 11-23-92.)

1125.02 OFFICIAL ZONING MAP.

The districts established in Section 1125.01 are shown on the official Zoning Map which, together with all explanatory matter therein, is hereby incorporated into reference into this Zoning Ordinance. An official Zoning Map is and shall remain on file in the office of the Zoning Administrator.

(Ord. 92-20. Passed 11-23-92.)

1125.03 IDENTIFICATION OF OFFICIAL ZONING MAP.

The official zoning map shall be identified by the signature of the Mayor, attested by the Clerk of Council, and shall bear the date on which it was adopted, which shall be the same as the date on which this Zoning Ordinance was adopted.

(Ord. 92-20. Passed 11-23-92.)

1125.04 INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists in regard to the boundaries of any of the zoning districts as shown on the official Zoning Map, the following rules shall apply:

(a) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way line shall be construed to be such boundaries.

(b) Where district boundaries are so indicated that they approximately follow the lot lines shall be construed to be the boundaries.

(c) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given such dimension shall be determined by the use of the scale shown on the official zoning map.

(d) Where the boundary of a district follows a railroad line such boundary shall be deemed to be located in the middle of the main tracks of the railroad line.

(Ord. 92-20. Passed 11-23-92.)

1125.05 COMPLIANCE WITH REGULATIONS.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformance with the regulations of the district in which the structure is located nor shall any property be used except in conformance with the regulations of the district in which the property is located, prior to the issuance of a zoning permit pursuant to Section 1145.01.

(Ord. 92-20. Passed 11-23-92.)

1125.06 PRINCIPAL STRUCTURE RESTRICTIONS.

No more than one principal structure may be permitted per lot.

(Ord. 92-20. Passed 11-23-92.)

1127.01 INCOMPATIBILITY.

Nonconforming uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts in which such use is located.

(Ord. 92-20. Passed 11-23-92.)

1127.02 NONCONFORMING USES AND BUILDINGS REGULATED.

The lawful use of land or buildings existing at the time of the adoption of this Zoning Ordinance may continue although such use does not conform to the regulations specified by this Zoning Ordinance for the district in which such land or building is located, subject to the following conditions:

(a) Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of six months shall thereafter conform to the district regulations in which the use is located.

(b) Any nonconforming building which has been destroyed by fire, explosion, flood, earthquake, or other act of God to the extent of sixty percent (60%) or more of its assessed valuation shall therefore conform to the provisions of this Zoning Ordinance. Where more than forty percent (40%) of the assessed value of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage, provided however that such restoration shall be commenced within six months of the date that the damage occurred on, and completed within one year.

(c) No nonconforming building shall be enlarged or structurally altered except to make it a conforming building, provided however that the Board of Zoning Appeals shall have the authority to permit one expansion of no more than twenty-five percent (25%) provided that the standards set forth in Section 1143.38(a) to (f) are met.

(d) The Board shall have the authority to permit a substitution of one nonconforming use for another nonconforming use, provided however that:

(1) No use other than a use first permitted in the business district shall be substituted for a use in a residential zone; and

(2) The Board determines that the standards contained in Section 1143.38(a) to (f) are met.

(Ord. 92-20. Passed 11-23-92.)

1127.03 REPAIRS AND MAINTENANCE.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for ordinary repairs or for repair of replacement of nonbearing walls, fixtures, wiring or plumbing provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official, unless the strengthening or restoration involves an expenditure equal to or greater than sixty percent (60%) of the buildings assessed value, in which case the building shall either be demolished or strengthened or restored in such a way as to be brought into conformity with the use requirements of this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1127.04 NONCONFORMING FENCES.

Any fence which is currently constructed in violation of this Zoning Ordinance, which has deteriorated or is damaged to the extent of thirty-three percent (33%) or more of its lineal footage for repair or replacement, may not be repaired or replaced without compliance with height and location requirements of this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1129.01 DISTRICT CREATED.

A Residential "A" Single Family Zone District classification is hereby created and is governed by this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1129.02 PRINCIPAL PERMITTED USES.

Principal permitted uses in the Residential “A” Zone Single-Family District are as follows:

(a) Single-family dwelling units.

(Ord. 92-20. Passed 11-23-92.)

1129.03 ACCESSORY USES AND STRUCTURES.

Except as otherwise provided herein at Sections 1129.031 and 1129.032, no Accessory Structure, including parking areas, shall be erected except in a rear yard and shall not occupy more than twenty percent (20%) of a required rear yard. Accessory Structures shall be distanced at least six (6) feet from any dwelling situated on the same lot, unless an integral part thereof, and at least three (3) feet from all lot lines of adjoining lots, unless located not less than sixty (60) feet from the front lot line and not on a corner lot. Accessory Uses include the following:

(a) Private garages, storage sheds, decks and parking areas solely for the use by the principal use on the same lot;

(b) Private swimming pools, tennis courts, and playground type structures; and

(Ord. 2021-5. Passed 4-12-21; Ord. 2022-9. Passed 11-28-22.)

1129.031 COMMUNITY FREE LIBRARIES.

Community Free Libraries as an Accessory Structure are acceptable Accessory Uses in a Residential A District, subject to the restrictions as set forth herein. By definition, Community Free Libraries are a structure erected by a private residential property owner upon such property owner’s lot to offer books and other literature for free to the community.

(a) Location. A Community Free Library structure shall be constructed and located as follows:

(1) Shall not be located within nor overhang the public street right-of-way, any other public easement, or public sidewalk when it is installed nor when any door, window or shutter of the structure is open.

(2) Shall not obstruct vehicular, bicycle or pedestrian traffic.

(3) Shall be accessible from a public sidewalk.

(4) Shall be anchored to the ground or otherwise securely attached to a fence or wall which is permanently anchored to the ground. Such fence or wall must also meet the Code requirements for an Accessory Structure.

(5) Access to the structure’s enclosure in which the books or other literature are contained, may not be greater than forty-eight (48) inches in height to the handle or knob which opens the structure, and the access to the structure may not be lower than fifteen (15) inches from the ground. It is encouraged that access to the structure be wheelchair accessible. The maximum height for a structure measured from the ground to the top of the structure shall be no greater than seventy-two (72) inches.

(b) Construction and Maintenance. All allowable Community Free Library structures must meet the following requirements for construction and maintenance:

(1) Shall be constructed of treated/finished wood. All metal parts and supports for such structure that are not galvanized or rust resistant metals shall be kept neatly painted.

(2) The portion of the structure in which books or other reading materials shall be maintained shall have a secure enclosure to prevent waste and deterioration, and shall be enclosed to be weather resistant. The materials used for construction, particularly the visual opening, must be constructed with safety glass.

(3) The enclosure shall be sized to be no more than three and one-half (3.5) cubic feet.

(4) There may be no sign nor advertising attached to nor affixed on the structure with the exception of a registered logo or trademark for any structure which is a part of or registered with a not-for-profit organization. As an example, a Charter sign and Charter number for Little Free Libraries is permitted.

(5) The structure must be maintained in good structural condition at all times. Peeling or chipped paint should be properly repaired. Component parts should be properly repaired so as not to present unreasonable risk to public health and/or safety.

(6) The property owner upon whose premises the structure has been erected shall be responsible for any litter or waste upon their property and within the structure itself.

(7) No permit is required for the installation of a Community Free Library, but the property owner upon which the structure is to be constructed shall register the structure with the office of the Village Administrator prior to installation.

(8) If the structure is deemed by the Zoning Administrator to be in an unsafe condition, or abandoned or no longer in use for a period in excess of 120 days, the owner of the property upon which the structure has been constructed shall be notified in writing and shall, within ten (10) days of such notification correct such unsafe condition or remove the struture. The allowable time to correct such unsafe condition, may be reduced if the structure poses an unreasonable risk to public health and/or safety. If the correction has not been made, or if the abandoned structure has not been removed, within the time allowed, the Zoning Administrator may remove, or cause such unsafe structure to be removed, in addition to any other penalty which may be assessed for violation of the Planning and Zoning Code.

(c) Penalty. A violation of any Section of 1129.031 may be cited as a minor misdemeanor punishable by a fine not to exceed one hundred fifty dollars ($150.00). Each day a violation occurs or is permitted to occur may be charged as a separate violation. (Ord. 2021-5. Passed 4-12-21.)

1129.032 CONSTRUCTION DUMPSTERS, PORTABLE TOILETS AND TEMPORARY STORAGE CONTAINERS.

Construction Dumpsters, Portable Toilets and Temporary Storage Containers, as an Accessory Structure, are acceptable accessory uses in a Residential "A" Single-Family District subject to the following restrictions:

(a) Temporary Storage Container may be located as a temporary accessory use on residential property within the Village for a period not exceeding thirty (30) days per calendar year in duration from the time of delivery to the time of removal. Such Temporary Storage Container may only be placed upon private property upon a residential lot and may not be placed in position as to block the public sidewalk or otherwise impede pedestrian traffic upon a public sidewalk, and may not be placed within the street, except as provided in Section 902.06.

(b) Construction Dumpsters may be located as a temporary accessory use on residential property within the Village for a period not exceeding fourteen (14) days per calendar year in duration from the time of delivery to the time of removal. Such Construction Dumpster may only be placed upon private property upon a residential lot and may not be placed in such position as to block the public sidewalk or otherwise impede pedestrian traffic upon a public sidewalk, and may not be placed within the street, except as provided in Section 902.06.

(c) Portable Toilets may be located as a temporary accessory use on residential property within the Village for a period not exceeding thirty (30) days per calendar year in duration from the time of delivery to the time of removal and only in conjunction with construction, reconstruction or remodeling. Such Portable Toilet may only be placed upon private property upon a residential lot and may not be placed in such position as to block the public sidewalk or otherwise impede pedestrian traffic upon a public sidewalk, and may not be placed within the street.

(d) The owner of the real property upon which the Temporary Storage Container, Dumpster or Portable Toilet is located, or the agent of such owner using such Temporary Storage Container, Dumpster or Portable Toilet, shall obtain a permit, at no cost, from the Code Enforcement Officer no later than the first day such Accessory Structure is placed onsite.

(e) A Temporary Storage Container, Dumpster or Portable Toilet shall be located a minimum of three (3) feet from all lot lines of adjoining lots.

(f) A Temporary Storage Container shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of the Temporary Storage Container and shall be secured and enclosed in such a manner as to not permit waste, litter or debris.

(g) A Construction Dumpster shall be secured in a such a manner as to not permit waste, litter or debris, and shall be timely and regularly serviced to avoid waste, litter or debris. A Construction Dumpster may not be used to dispose of garbage, household waste, yard waste, chemicals or Hazardous Substances. Hazardous Substances include flammable explosives, radioactive materials, asbestos, formaldehyde, foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous waste, hazardous or toxic substances, or any related materials of any kind or form as defined in the applicable state or federal law or the regulations promulgated thereunder.

(h) A Portable Toilet shall be regular and timely serviced as recommended by the manufacturer/vendor for the Portable Toilet.

(i) The time restrictions imposed herein for Accessory Structures may be extended upon petition to the Village Administrator with a copy to the Code Enforcement Official and only for good cause shown. (Ord. 2022-09. Passed 11-28-22.)

1129.04 CONDITIONAL USES.

Conditional uses in the Residential “A” Zone Single-Family District are as follows:

(a) Churches, religious places of worship;

(b) Educational institutions;

(c) Community noncommercial, recreation centers, libraries, museums, parks, playgrounds, public offices, public structures;

(d) Two-family dwellings;

(e) Cemeteries;

(f) Home occupation.

(Ord. 92-20. Passed 11-23-92.)

1129.05 OFF-STREET PARKING.

Off-street parking in the Residential “A” Zone Single-Family District is specified as follows:

A parking space shall be provided in every lot occupied by a dwelling sufficient to accommodate two cars under roof for each dwelling, either attached to, or appurtenance to the main building. If additional parking space is to be provided, it shall have minimum dimensions of ten feet by twenty feet for each additional space. The parking space and connecting driveways shall be surfaced with a permanent dust-free paving.

(Ord. 92-20. Passed 11-23-92.)

1129.06 MINIMUM LOT AREA.

The Minimum Lot Area for a Residential "A" zoned district shall be eight thousand (8,000) square feet. The front yard of a residential lot may not be covered with more than thirty percent (30%) impervious surface. (Ord. 2022-4. Passed 7-11-22.)

1129.07 MINIMUM LOT FRONTAGE.

The Minimum Lot Frontage required in a Residential "A" Single-Family District shall be forty (40) feet or not less than one-half the average depth of the lot, but such lot shall not be required to have a frontage greater than seventy-five (75) feet. The Minimum Lot Frontage required in a Residential "A" Single-Family District for a panhandle lot shall be thirty (30) feet.

(Ord. 2022-4. Passed 7-11-22.)

1129.08 MINIMUM FRONT YARD SETBACK.

The minimum front yard setback in a Residential "A" Zone Single-Family District shall be no less than forty feet, provided however that in no case shall the front yard depth be less than the average of front yards within 200 feet on each side of the subject lot. Adjoining lots shall be considered as having forty feet front yard depth.

(Ord. 92-20. Passed 11-23-92.)

1129.09 MINIMUM SIDE YARD SETBACK.

The minimum side yard setback required in a Residential "A" Zone Single-Family District is as follows:

(a) Side yard width of not less than eight feet required on a lot containing a one story or one and one-half story building.

(b) Side yard width of not less than twelve feet required on a lot containing a two story or two and one-half story building.

(Ord. 92-20. Passed 11-23-92.)

1129.10 MINIMUM REAR YARD SETBACK.

The minimum rear yard setback required in a Residential "A" Zone Single-Family District is forty feet.

(Ord. 92-20. Passed 11-23-92.)

1129.11 MAXIMUM HEIGHT REGULATION.

No building in a Residential "A" Zone Single-Family District shall exceed two and one-half stories or thirty-five feet, whichever is less.

(Ord. 92-20. Passed 11-23-92.)

1129.12 FENCES. (REPEALED)

(EDITOR’S NOTE: Former Section 1129.12 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1129.13 FENCE CONSTRUCTION. (REPEALED)

(EDITOR’S NOTE: Former Section 1129.13 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1131.01 CREATED.

A Multi-Family Residential "B" Zone District classification is hereby created and is governed by this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1131.02 PRINCIPAL PERMITTED USES.

The principal permitted uses in the Residential “B” Zone Multi-Family District are as follows:

(a) All principal permitted uses as regulated in the "R-A" District;

(b) Multi-family dwellings;

(c) Day care centers provided that no outdoor play area or play equipment shall be located or installed in any front yard.

(Ord. 92-20. Passed 11-23-92.)

1131.03 ACCESSORY USES.

Except as otherwise provided herein at Section 1131.031, no accessory structure, including parking areas, shall be erected except in a rear yard and shall not occupy more than twenty percent (20%) of a required rear yard. Accessory structure shall be distanced at least six feet from any dwelling situated on the same lot, unless an integral part thereof, and at least three feet from all lot lines of adjoining lots, unless located not less than sixty feet from the front lot line and not on a corner lot. Accessory uses are as follows:

(a) All accessory uses permitted and regulated in the "R-A" District.

(b) The keeping of not more than four boarders for single-family or two-family dwellings.

(Ord. 92-20. Passed 11-23-92; Ord. 2022-9. Passed 11-28-22.)

1131.031 CONSTRUCTION DUMPSTERS, PORTABLE TOILETS AND TEMPORARY STORAGE CONTAINERS.

Construction Dumpsters, Portable Toilets and Temporary Storage Containers, as an Accessory Structure, are acceptable accessory uses in a Residential "B" Multi-Family District subject to the following restrictions:

(a) A Temporary Storage Container may be located as a temporary accessory use on residential property within the Village for a period not exceeding thirty (30) days per calendar year in duration from the time of delivery to the time of removal. Such Temporary Storage Container may only be placed upon private property upon a residential lot and may not be placed in such position as to block the public sidewalk or otherwise impede pedestrian traffic upon a public sidewalk, and may not be placed within the street, except as provided in Section 902.06.

(e) A Temporary Storage Container, Dumpster or Portable Toilet shall be located a minimum of three (3) feet from all lot lines of adjoining lots.

(f) A Temporary Storage Container shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of the Temporary Storage Container, and shall be secured and enclosed in such a manner as to not permit waste, litter or debris.

(h) A Portable Toilet shall be regular and timely serviced as recommended by the manufacturer/vendor for the Portable Toilet.

(Ord. 2022-9. Passed 11-28-22.)

1131.04 CONDITIONAL USES.

Conditional uses in the Residential “B” Zone Multi-Family District are as follows:

(a) All conditional uses permitted and regulated in the "R-A" District;

(b) Clinics, sanatoriums, and hospitals providing that:

(1) Every building shall be no less than fifty feet distant from every abutting property used for residential purpose; and

(2) Service areas for receiving supplies and loading waste shall be screened from residences and abutting properties.

(c) Non-profit private clubs, swimming clubs, or other recreational clubs, clubhouses, lodge halls, labor union halls, offices and meeting places of civic, educational, religious, welfare, and philanthropic organizations.

(Ord. 92-20. Passed 11-23-92.)

1131.05 OFF-STREET PARKING AND LOADING.

Off-street parking and loading in the Residential “B” Zone Multi-Family District is specified in Chapter 1141.

(Ord. 92-20. Passed 11-23-92.)

1131.06 MINIMUM LOT AREA.

The Minimum Lot Area for a Residential "B" zoned Multi-Family District shall be eight thousand (8,000) square feet. The front yard of a residential lot may not be covered with more than thirty percent (30%) impervious surface. (Ord. 2022-4. Passed 7-11-22.)

1131.07 MINIMUM LOT FRONTAGE.

The Minimum Lot Frontage required in a Residential "B" Single-Family District shall be forty (40) feet or not less than one-half the average depth of the lot, but such lot shall not be required to have a frontage greater than seventy-five (75) feet. The Minimum Lot Frontage required in a Residential "B" Single-Family District for a panhandle lot shall be thirty (30) feet. The front yard of a residential lot may not be covered with more than thirty percent (30%) impervious surface. (Ord. 2022-4. Passed 7-11-22.)

1131.08 MINIMUM FRONT YARD SETBACK.

The minimum front yard setback in a Residential "B" Zone Multi-Family District shall be no less than twenty feet.

(Ord. 92-20. Passed 11-23-92.)

1131.09 MINIMUM SIDE YARD SETBACK.

The minimum side yard setback required in a Residential "B" Zone Multi-Family District is as follows:

(a) A side yard width of not less than six feet required on a lot containing a one story or one and one-half story building.

(b) A side yard width of not less than ten feet required on a lot containing a two story or two and one-half story building.

(Ord. 92-20. Passed 11-23-92.)

1131.10 MINIMUM REAR YARD SETBACK.

The minimum rear yard setback required in a Residential "B" Zone Multi-Family District is twenty feet. (Ord. 92-20. Passed 11-23-92.)

1131.11 MAXIMUM HEIGHT REGULATION.

No building in a Residential "B" Zone Multi-Family District shall exceed two and one-half stories or thirty-five feet.

(Ord. 92-20. Passed 11-23-92.)

1131.12 FENCES. (REPEALED)

(EDITOR’S NOTE: Former Section 1131.12 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1131.13 FENCE CONSTRUCTION. (REPEALED)

(EDITOR’S NOTE: Former Section 1131.13 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1133.01 CREATED.

A B-A Business District classification is hereby created and governed by this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1133.02 PRINCIPAL PERMITTED USES.

Principal permitted uses in the Business “A” District are as follows:

(a) Uses permitted in Residence "B" Zone, provided however that single-family uses are not permitted;

(b) Financial institutions, banks, savings and loan associations;

(d) General merchandise stores and supermarkets;

(e) Home furnishing and home improvement stores;

(f) Nursery, garden supply, florist stores;

(g) Restaurants;

(h) Specialty retail commercial establishments and boutiques;

(i) Personal, business and commercial cleaning services;

(j) Automobile service stations;

(k) Theaters;

(l) Convenience food stores, mini markets and carryouts;

(m) Automobile dealer agency and showroom for the sale of motor vehicles;

(n) Day care;

(o) Essential services which are not the principal use of the lot.

(Ord. 92-20. Passed 11-23-92.)

1133.03 OFF-STREET PARKING AND LOADING.

Off-street parking and loading is specified in Chapter 1141.

(Ord. 92-20. Passed 11-23-92.)

1133.04 MINIMUM LOT AREA.

There shall be no minimum lot area required in a B-A Business “A” District.

(Ord. 92-20. Passed 11-23-92.)

1133.05 MINIMUM LOT FRONTAGE.

There shall be no minimum lot frontage required in a B-A Business “A” District.

(Ord. 92-20. Passed 11-23-92.)

1133.06 MINIMUM FRONT YARD SETBACK.

The minimum front yard setback required in a B-A Business “A” District shall be twenty feet. (Ord. 92-20. Passed 11-23-92.)

1133.07 MINIMUM SIDE YARD SETBACK.

The minimum side yard setback required in a B-A Business “A” District shall be zero unless abutting a residential district in which case the minimum side yard setback shall be forty feet, unless landscaping and buffering, pursuant to Section 1141.02 (c), is provided in which case the minimum side yard setback shall be twenty feet.

(Ord. 92-20. Passed 11-23-92.)

1133.08 MINIMUM REAR YARD SETBACK.

The minimum rear yard setback required in a B-A Business “A” District shall be ten feet.

(Ord. 92-20. Passed 11-23-92.)

1133.09 MAXIMUM BUILDING HEIGHT.

The maximum building height required in a B-A Business “A” District shall be thirty-five feet. (Ord. 92-20. Passed 11-23-92.)

1133.10 FENCES. (REPEALED)

(EDITOR’S NOTE: Former Section 1133.10 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1133.11 FENCE CONSTRUCTION. (REPEALED)

(EDITOR’S NOTE: Former Section 1133.11 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1135.01 CREATED.

An Industrial A district classification is hereby created and is governed by this chapter.

(Ord. 92-20. Passed 11-23-92.)

1135.02 PRINCIPAL PERMITTED USES.

Principal permitted uses in the Industrial “A” District are as follows:

(a) Uses permitted in the Business "A" District, provided however that all residences are not permitted;

(b) Manufacturing and industry;

(d) Non retail laundries and dry cleaning plants;

(e) Printing, publishing, lithographing and binding establishments;

(f) Warehouses and self storage facilities;

(g) Wholesaling;

(h) Recycling centers;

(i) Construction equipment rental, sales, service and storage;

(j) Transportation terminals;

(k) Public transit stations;

(l) Public service yards and garages;

(m) Public utilities;

(n) Vehicle storage facilities;

(o) Essential services which are not the principal use of the lot.

(Ord. 92-20. Passed 11-23-92.)

1135.03 CONDITIONAL USES.

Conditional uses in the Industrial “A” District are as follows:

Any manufacturing use that is determined by the Board of Zoning Appeals to be of the same general character as the principal permitted uses set forth in Section 1135.02.

(Ord. 92-20. Passed 11-23-92.)

1135.04 OFF-STREET PARKING AND LOADING.

Off-street parking and loading is specified by Chapter 1141.

(Ord. 92-20. Passed 11-23-92.)

1135.05 MINIMUM LOT AREA.

There shall be no minimum lot area required in an I-A Industrial “A” District.

(Ord. 92-20. Passed 11-23-92.)

1135.06 MINIMUM LOT FRONTAGE.

There shall be no minimum lot frontage required in an I-A Industrial “A” District.

(Ord. 92-20. Passed 11-23-92.)

1135.07 MINIMUM FRONT YARD SETBACK.

The minimum front yard setback required in an I-A Industrial “A” District is zero except twenty feet when abutting and within 100 feet of an "R-A" District or "R-B" District on either side.

(Ord. 92-20. Passed 11-23-92.)

1135.08 MINIMUM SIDE YARD SETBACK.

The minimum side yard setback required in an I-A Industrial “A” District shall be zero unless abutting a residential district in which case the minimum side yard setback shall be forty feet, unless landscaping and buffering, pursuant to Section 1141.02 (c), is provided in which case the minimum side yard setback shall be twenty feet.

(Ord. 92-20. Passed 11-23-92.)

1135.09 MINIMUM REAR YARD SETBACK.

The minimum rear yard setback required in an I-A Industrial “A” District shall be the same as required under Section 1135.08.

(Ord. 92-20. Passed 11-23-92.)

1135.10 MAXIMUM BUILDING HEIGHT.

The maximum building height required in a I-A Industrial “A” District is sixty feet.

(Ord. 92-20. Passed 11-23-92.)

1135.11 FENCES. (REPEALED)

(EDITOR’S NOTE: Former Section 1135.11 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1135.12 FENCE CONSTRUCTION. (REPEALED)

(EDITOR’S NOTE: Former Section 1135.12 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1137.01 CREATED.

An Industrial A-1 District classification is hereby created and governed by this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1137.02 PRINCIPAL PERMITTED USES.

Principal permitted uses in the I-A1 Industrial District are as follows:

(a) Uses permitted in the B-A Business District, provided however that all residences are not permitted;

(b) Light Industrial Uses;

(d) Warehouses and self storage facilities;

(e) Wholesaling;

(f) Public transient stations;

Any industrial or business use made of any lot or property within such zone closer than thirty feet from a R-A Residence Zone boundary shall be made only in a completely enclosed structure of masonry construction with the exception of use as driveways or parking areas for motor vehicles.

(Ord. 2002-3. Passed 4-22-02.)

1137.03 CONDITIONAL USES.

Conditional uses in the Industrial “A-1" District are as follows:

A manufacturing use that is determined by the Board of Zoning Appeals to be of the same general character as the principal permitted uses set forth in Section 1135.02.

(Ord. 92-20. Passed 11-23-92.)

1137.04 OFF-STREET PARKING AND LOADING.

Off-street parking and loading as specified by Chapter 1141.

(Ord. 92-20. Passed 11-23-92.)

1137.05 MINIMUM LOT AREA.

There shall be no minimum lot area required in an Industrial “A-1" District.

(Ord. 92-20. Passed 11-23-92.)

1137.06 MINIMUM LOT FRONTAGE.

There shall be no minimum lot frontage required in an Industrial “A-1" District.

(Ord. 92-20. Passed 11-23-92.)

1137.07 MINIMUM FRONT YARD SETBACK.

The minimum front yard setback required in an Industrial “A-1" District is zero except twenty feet when abutting and within 100 feet of an "R-A" District or "R-B" District on either side.

(Ord. 92-20. Passed 11-23-92.)

1137.08 MINIMUM SIDE YARD SETBACK.

The minimum side yard setback required in an Industrial “A-1" District shall be zero unless abutting a Residential District in which case the minimum side yard setback shall be forty feet, unless landscaping and buffering is provided in which case the minimum side yard setback shall be twenty feet.

(Ord. 92-20. Passed 11-23-92.)

1137.09 MINIMUM REAR YARD SETBACK.

The minimum rear yard setback required in an Industrial “A-1" District shall be the same as required under Section 1137.08.

(Ord. 92-20. Passed 11-23-92.)

1137.10 MAXIMUM BUILDING HEIGHT.

The maximum building height required in an Industrial “A-1" District is sixty feet.

(Ord. 92-20. Passed 11-23-92.)

1137.11 FENCES. (REPEALED)

(EDITOR’S NOTE: Former Section 1137.11 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1137.12 FENCE CONSTRUCTION. (REPEALED)

(EDITOR’S NOTE: Former Section 1137.12 was repealed by Ordinance 2018-18, passed November 13, 2018. See Section 1151.01.)

1138.01 ESTABLISHMENT AND PURPOSE.

The I-A1(O) Industrial Overlay District, hereinafter referred to as "Industrial Overlay " is hereby established to promote strong industrial districts and preserve the character of adjoining land uses for the purpose of promoting improvement of the quality of life, removal of blighting influences and the avoidance of blight, maintenance of property values, prevention of piecemeal development, and the encouragement of good design practices. The purpose of the Industrial Overlay is to establish a site plan review process within the Industrial Overlay area to protect the Industrial Overlay area from blighting influences caused by insensitive and incompatible land development.

(Ord. 2002-3. Passed 4-22-02.)

1138.02 INITIATION OF OVERLAY PROCESS.

Any property owner or group of property owners may make application to the Planning Commission for an I-A1 (O) Industrial Overlay District. The Commission or Council may instruct the Planning staff to develop an I-A1 (O) Industrial Overlay District for any area which either body determines meets the criteria for such an overlay.

(Ord. 2002-3. Passed 4-22-02.)

1138.03 APPROVAL OF AN I-A1(O) INDUSTRIAL OVERLAY DISTRICT.

An I-A1 (O) Industrial Overlay District shall be considered by the Planning Commission and Council in the same manner and follow the same procedures for consideration of a zone change as set forth in Sections 1143.11 to 1143.24. Each property or group of properties approved by Council as I-A1 (O) Industrial Overlay District shall continue to be governed by the underlying zoning district regulations except to the extent that they are modified by the approved I-A1 (O) Industrial Overlay District text. (Ord. 2002-3. Passed 4-22-02.)

1138.04 CRITERIA FOR APPROVAL OF AN I-A1(O) INDUSTRIAL OVERLAY DISTRICT.

Areas to which an I-A1 (O) Industrial Overlay District may be applied shall be in one of the following categories:

(a) The area adjoins an arterial street as designated by the Village;

(b) The area adjoins or is across the street from an existing R-A Residential, R-B Residential, B-A Business or B-A(O) Business Overlay zoned property;

(l) The area is one of high infrastructure cost where past, present or planned investment in drainage facilities, streets and utilities, is higher than the average infrastructure costs throughout the Village;

(2) A concentration of light industrial oriented establishments serving as an industrial activity center within the community; or

(3) Areas where blighting influences are identified, blighting influences being any current use of land which if allowed to remain unmodified will forseeably evolve into blight or will encourage blight to arise in other areas.

(Ord. 2002-3. Passed 4-22-02.)

1138.05 APPLICATION FOR DEVELOPMENT APPROVAL IN AN I-A1 (O) INDUSTRIAL OVERLAY DISTRICT.

No building or other structure shall be erected, moved, enlarged, structurally altered, nor shall any building be established or changed in use without obtaining approval pursuant to this chapter. The application for approval shall include the following:

(a) A survey of the property to which the Industrial Overlay is sought to be applied, prepared by registered civil engineers;

(b) Statement of the ownership of the property;

(c) Existing conditions report: a written statement showing the existing conditions in use of the described property, including statistical data, drawings, photographs or maps, if necessary;

(d) Development plans showing the proposed development including where applicable streets, drives, parking areas, walkways, fences, heights of structures, location, elevation and setback of proposed structures; drainage, grading and landscape plans; proposed uses and square footage of uses; recreational facilities, and any other information, in sufficient detail, as determined by the Zoning Administrator, to satisfy the requirements of Section 1138.07; and

(e) Industrial development assessment statement.

(1) Description of the positive and negative impact of the proposed development in the overlay area in which the proposed development is intended.

(2) Written explanation of the compatibility of the proposed development/ improvement, construction of development with Industrial Overlay District in which the development is proposed.

(3) Such other information as may be reasonably required in order to assist in the I-A1 (O) Industrial Overlay District review process.

Nothing herein shall be deemed to require an applicant to furnish complete structural plans and specifications prior to obtaining development permission approval.

(Ord. 2002-3. Passed 4-22-02.)

1138.06 DEVELOPMENT REVIEW PROCESS.

When an application has been filed for an approval, the Planning Commission shall conduct a review of the application to determine if the development proposal is consistent with the guidelines contained in Section 1138.07, using the same review process as is contained in Sections 1143.40 to 1143.44.

(Ord. 2002-3. Passed 4-22-02.)

1138.07 DEVELOPMENT GUIDELINES.

The Planning Commission shall consider the following guidelines in determining whether the approval of a request for development approval pursuant to this chapter would promote the public health, safety, and welfare:

(a) The granting of such requests would not be materially detrimental or injurious to property in the district or vicinity.

(b) All development and parking expansion for activities should occur within the designated industrial district.

(c) The siting of new and remodeled buildings should conform to a setback from property lines similar to the setbacks of buildings on neighboring properties.

(d) Architectural style, bulk, shape, massing, scale, and form of new and remodeled buildings and the space between and around buildings should be consistent with the character of the area and be in harmony with neighboring buildings.

(e) Heights of new and remodeled buildings should be similar to the heights of neighboring buildings.

(f) Mechanical equipment, including air conditioning, piping, ducts, and conduits, external to the building should be concealed from view from adjacent buildings or street level by grills, screens, or other enclosures.

(g) Existing small, underutilized lots should be combined to create larger and/or efficient parking areas.

(h) Existing parking lots should be expanded rather than introducing additional, separate parking areas.

(i) All parking areas should be landscaped with trees, shrubs and/or fences to provide an effective buffer for any adjacent residential or commercial properties and public street right-of-ways.

(j) All parking areas should be paved and marked. Within the interior of the parking areas, there should be landscaping to break up large areas of parking.

(k) Reduce the number of curb cuts and driveways along the Losantiville and Wiehe right-of-way by consolidating parking areas and eliminating off-street front end parking.

(l) All lighting should be sensitive to nearby residences in color, intensity, glare and height.

(m) Outdoor storage shall be shielded from view from the public right-of-way and adjacent residential or commercial properties.

(n) Loading and unloading of delivery vehicles may occur only between the hours of 8:00 a.m. and 6:00 p.m. on any given day.

(o) Any noxious or offensive emission of smoke, dust, gas fumes, odors, noises, vibrations or any other public disturbances as determined by the Village may not extend beyond the confines of the building.

(Ord. 2002-3. Passed 4-22-02.)

(p) Loading and unloading of delivery vehicles shall occur at reasonable times and such loading and unloading operations must adhere to Section 509.09, Noise Control, of the Code.

(q) All loading and service areas fronting Losantiville or Wiehe Road shall be adequately screened from the street right-of-way. Screening is not required along any lot line fronting another adjacent industrial use.

(Ord. 2018-10. Passed 8-13-18.)

1138.08 ISSUANCE OF PERMITS.

If approval is granted, the applicant shall obtain whatever permits are necessary to proceed with the development from the appropriate department of the Village prior to undertaking the requested improvements. If the applicant fails to make application for a building permit within one year from the approval decision, the applicant's rights under the terms of approval shall terminate unless for good cause shown, the applicant obtains an extension from the Planning Commission not to exceed twelve months. No building, zoning or other land use permit not exempted by Section 1138.09 below shall be issued until the approval is granted in accordance with the procedures defined in Section 1138.05.

(Ord. 2002-3. Passed 4-22-02.)

1138.09 EXEMPTIONS.

The following are all exempt from the provisions of this chapter:

(a) All permits for the repair and/or replacement of roofs, gutters, chimneys, plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, fire escapes and all other mechanical and electrical equipment.

(b) Any permit for necessary compliance with a lawful order of the Zoning Administrator or Building Official, including deficiencies listed in certificates of inspection.

(d) Any permit for interior alterations or repairs.

(e) Any permit for demolition or wrecking.

(f) Any permit for construction of public utilities in the public right-of-way.

(g) Any other exemptions that may be allowed in any ordinance creating a specific development overlay; and

(h) Any permit required for routine maintenance work.

(Ord. 2002-3. Passed 4-22-02.)

1139.01 ESTABLISHMENT AND PURPOSE.

The Business “A” Overlay District, hereinafter referred to as "Overlay" is hereby established to promote strong business districts and preserve the character of adjoining land uses for the purpose of promoting improvement of the quality of life, removal of blighting influences and the avoidance of blight, maintenance of property values, prevention of piecemeal development, and the discouragement of strip commercial development. The purpose of the Overlay is to establish a site plan review process within the Overlay area to protect the Overlay area from blighting influences caused by insensitive and incompatible land development.

(Ord. 92-20. Passed 11-23-92.)

1139.02 INITIATION OF OVERLAY PROCESS.

Any property owner or group of property owners may make application to the Planning Commission for a Business “A” District Overlay. The Commission or Council may instruct the Planning staff to develop a Business “A” District Overlay for any area which either body determines meets the criteria for such an overlay.

(Ord. 92-20. Passed 11-23-92.)

1139.03 APPROVAL OF A BUSINESS “A” DISTRICT OVERLAY.

A Business “A” District Overlay shall be considered by the Planning Commission and Council in the same manner and follow the same procedures for consideration of a zone change as set forth in Sections 1143.11 to 1143.24. Each property or group of properties approved by Council as a Business “A” District Overlay shall continue to be governed by the underlying zoning district regulations except to the extent that they are modified by the approved Business “A” District Overlay text.

(Ord. 92-20. Passed 11-23-92.)

1139.04 CRITERIA FOR APPROVAL OF A BUSINESS “A” DISTRICT OVERLAY.

Areas to which a Business “A” District Overlay may be applied shall be in one of the following categories:

(a) The area adjoins an arterial street as designated by the Village;

(b) The area adjoins or is across the street from an existing Residential-A, Industrial- A, or Industrial A-1 zoned property;

(1) The area is one of high infrastructure cost where past, present, or planned investment in drainage facilities, streets and utilities, is higher than the average infrastructure costs throughout the Village;

(2) A concentration of retail and service oriented commercial establishments serving as a principal business activity center for the community; or

(Ord. 92-20. Passed 11-23-92.)

1139.05 APPLICATION FOR DEVELOPMENT APPROVAL IN A BUSINESS "A" DISTRICT OVERLAY.

(a) A survey of the property to which the Overlay is sought to be applied, prepared by registered civil engineers;

(b) Statement of the ownership of the property;

(c) Existing conditions report: a written statement showing the existing conditions in use of the described property; including statistical data, drawings, photographs or maps, if necessary;

(d) Development plans showing the proposed development including where applicable, streets, drives, parking areas, walkways, fences, heights of structures, location, elevation and setback of proposed structures; drainage, grading and landscaping plans; proposed uses and square footage of uses; recreational facilities, and any other information, in sufficient detail, as determined by the Zoning Administrator, to satisfy the requirements of Section 1139.07; and

(e) Business development assessment statement:

(1) Description of the positive and negative business impact of the proposed development in the overlay area in which the proposed development is intended.

(2) Written explanation of the compatibility of the proposed development/ improvement, construction of development with Overlay District in which the development is proposed.

(3) Such other information as may be reasonably required in order to assist in the Business “A” District Overlay review process.

Nothing herein shall be deemed to require any applicant to furnish complete structural plans and specifications prior to obtaining development permission approval.

(Ord. 92-20. Passed 11-23-92.)

1139.06 DEVELOPMENT REVIEW PROCESS.

When an application has been filed for an approval, the Planning Commission shall conduct a review of the application to determine if the development proposal is consistent with the guidelines contained in Section 1139.07, using the same review process as is contained in Sections 1143.40 to 1143.44.

(Ord. 92-20. Passed 11-23-92.)

1139.07 DEVELOPMENT GUIDELINES.

(a) The granting of such requests would not be materially detrimental or injurious to property in the district or vicinity.

(b) All commercial development and customer parking expansion for commercial activities should occur within the designated business district.

(c) The siting of new and remodeled buildings should conform to a setback from property lines similar to the setbacks of buildings on neighboring properties.

(e) Heights of new and remodeled buildings should be similar to the heights of neighboring buildings.

(g) Existing small, underutilized lots should be combined to create larger and more efficient parking areas.

(h) Existing parking lots should be expanded rather than introducing additional, separate parking areas.

(i) All parking areas should be landscaped with trees, shrubs, and/or fences to provide an effective buffer for any adjacent residential properties and public street right-of- ways.

(j) All parking areas should be paved and marked. Within the interior of the parking areas, there should be landscaping to break up large areas of parking.

(k) Reduce the number of curb cuts and driveways along the Losantiville and Wiehe right-of-way by consolidating parking areas and eliminating off-street front end parking.

(l) All lighting should be sensitive to nearby residences in color, intensity, glare, and height.

(Ord. 92-20. Passed 11-23-92.)

1139.08 ISSUANCE OF PERMITS.

If approval is granted, the applicant shall obtain whatever permits are necessary to proceed with the development from the appropriate department of the Village prior to undertaking the requested improvements. If the applicant fails to make application for a building permit within one year from the approval decision, the applicants rights under the terms of approval shall terminate unless for good cause shown, the applicant obtains an extension from the Planning Commission not to exceed twelve months. No building, zoning or other land use permit not exempted by Section 1139.09 below shall be issued until the approval is granted in accordance with the procedures defined in Section 1139.05.

(Ord. 92-20. Passed 11-23-92.)

1139.09 EXEMPTIONS.

The following are all exempt from the provisions of this chapter:

(a) All permits for the repair and/or replacement of roofs, gutters, chimneys, plumbing, heating, air conditioning, elevators, fire alarms, and extinguishing equipment, fire escapes and all other mechanical and electrical equipment;

(b) Any permit for necessary compliance with a lawful order of the Zoning Administrator or Building Official, including deficiencies listed in certificates of inspection;

(d) Any permit for interior alterations or repairs;

(e) Any permit for demolition or wrecking;

(f) Any permit for construction of public utilities in the public right-of-way;

(g) Any other exemptions that may be allowed in any ordinance creating a specific development overlay; and

(h) Any permit required for routine maintenance work.

(Ord. 92-20. Passed 11-23-92.)

1141.01 ESTABLISHMENT OF STANDARDS.

It is in the interest of the public health, safety and general welfare of the Village to minimize traffic impacts of development and to assure that all development adequately and safely provide for the storage and movement of vehicles in a manner consistent with good engineering and site design practices. Therefore it is necessary to establish standards regulating off street parking and loading, access control to and from public streets, and proper provision for the overall traffic impact of a development and use of land.

(Ord. 92-20. Passed 11-23-92.)

1141.02 OFF-STREET PARKING DESIGN STANDARDS.

All off street parking facilities including entrances, exits, maneuvering areas, and parking spaces shall be in accordance with the following standards and specifications:

(a) Parking Space Dimensions. Each off street parking space shall have an area of not less than 200 square feet of space (ten by twenty feet), free of access drives and aisles, in usable shape and condition.

(b) Access. There should be adequate provision for ingress and egress to all parking spaces. Where the lot or parking spaces do not provide direct access to a public street or alley, an access drive shall be provided, with a dedicated easement of access as follows:

(1) For single-family, two-family or three-family residential units, the access drive shall be a minimum of nine feet in width.

(2) For all other residential uses and all other uses, the access drive shall be a minimum of eighteen feet in width.

(3) All parking spaces, except single, two or three-family dwellings shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.

(c) Screening. Off-street parking areas of five or more vehicles shall be effectively screened on each side which adjoins or abuts a residential district. Such screening shall consist of a solid masonry wall or solid fence not less than four feet but not more than six feet in height, or a tight screen of hardy evergreen shrubbery of not less than four feet in height may be used. Any such screen shall be maintained in good condition. The space between such screen and the adjoining side or front lot line shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition.

(d) Surface and Lighting. All off-street parking areas shall be graded and be permanently surfaced (asphalt or concrete binder) to provide a dustless surface and proper disposal of surface water. Any lighting used to illuminate the parking area shall be arranged to direct and reflect the light away from any adjoining premises in the residential districts.

(e) Drainage. All parking areas shall be graded and drained so as to dispose of surface water which might accumulate with or upon such area, and shall be designed to prevent excess drainage of surface water onto adjacent properties, walkways, or into the public streets.

(f) Barriers. Whenever a parking lot extends to a property line, fencing, wheel stops, curbs, or other suitable barriers shall be provided in order to prevent any part of a parked vehicle to extend beyond the property line.

(g) Visibility. Access of driveways for parking areas shall be located in such a way that any vehicle entering or leaving such parking area shall be clearly visible for a reasonable distance by any pedestrian or motorist approaching the access or driveway from a public or private street or alley.

(h) Marking. All parking areas exceeding twenty spaces shall be marked with paint lines, curb stones, or in some other manner approved by the Zoning Administrator, and shall be maintained in a clearly visible condition.

(i) Maintenance. Any owner of property used for off street parking shall maintain such areas in good condition without holes and free of all dust, trash, and other debris.

(Ord. 92-20. Passed 11-23-92.)

1141.03 UTILIZATION.

(a) Off-street facilities are to be used only for the parking of operable motor vehicles of patrons, occupants or employees of such uses.

(b) No motor vehicle repair work or service of any kind except for emergency repairs, shall be permitted in or in association with any off-street parking area.

(c) No motor vehicle, including trucks or trailers, shall be stored or parked in any off- street parking area for the purpose of warehousing or distributing goods.

(Ord. 92-20. Passed 11-23-92.)

1141.04 LOCATION.

All required off-street parking shall be located in the same zoning district as the use served or in an adjoining zoning district in which the use served is a permitted or conditional use.

(Ord. 92-20. Passed 11-23-92.)

1141.05 HANDICAPPED PARKING.

Parking facilities serving buildings and facilities required to be accessible to the physically handicapped shall have conveniently located designated spaces provided as follows:

Total Spaces in Lot/Structure	Number of Designated Accessible Spaces
Up to 100	1, plus 1 per 25 parking spaces
101 to 200	4, plus 1 per each 50 spaces over 100 spaces
201 to 500	6, plus 1 per each 75 spaces over 200 spaces
over 500	10, plus 1 per each 100 spaces over 500 spaces.

(Ord. 92-20. Passed 11-23-92.)

1141.06 DETERMINATION OF REQUIRED PARKING SPACES.

In computing the number of parking spaces required by this Zoning Ordinance, the following rules should apply:

(a) Where floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross horizontal area of all the floors of a nonresidential building measured from the face of the exterior walls, excluding only stairwells, washrooms, elevator shafts, and similar nonuseable areas.

(b) Where seating capacity is the standard for determining parking spaces requirements, the capacity shall mean the number of seating units installed or indicated on each eighteen inches (lineal) on benches or pews except where occupancy standards are set by the fire marshall.

(Ord. 92-20. Passed 11-23-92.)

1141.07 PARKING OF DISABLED VEHICLES.

The parking of a disabled vehicle within a residential district for a period of more than one week shall be prohibited, except that such vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicle is parked or stopped.

(Ord. 92-20. Passed 11-23-92.)

1141.08 REQUIREMENTS FOR OFF-STREET PARKING.

(a) Requirements for off-street parking are based on the principal permitted uses of each district as follows:

(1) Multi-family - 1.5 spaces for each dwelling unit.

(2) Single-family - 2 spaces for each dwelling unit.

(3) Automobile repair/gas station - 2 spaces per bay, plus 1 space/employee.

(4) Automobile sales - 1 space per 2 employees plus 1 space for every 400 square feet space.

(5) Convenience stores - 1 space per 150 square feet of space.

(6) Financial institutions - 1 space per 200 square feet, plus 1 per employee on largest shift.

(7) Grocery stores - 1 space per 200 square feet of leasable floor area.

(8) Movie theater - 1 space for each 4 seats in establishment.

(9) Nursery/greenhouse - 1 space per 1,000 square feet floor area plus 1 space per 2,000 square feet land area.

(10) Office - 1 space per 300 square feet leasable floor area.

(11) Restaurant - 1 space per 100 square feet or 1 space for every 4 spaces, which ever is greater.

(12) Restaurant, fast food - 1 space per 100 square feet plus 15 stacking spaces for drive through.

(13) Retail store - 1 space per 200 square feet of floor area.

(14) Contractors yard - 1 space per employee.

(15) Manufacturing/industrial - 1 space per 2 employees on largest shift.

(16) Printing/publishing - 1 space per 2 employees plus 1 visitor space per 500 square feet of floor area.

(17) Recycling center - 1 space per each employee plus 2 drop off spaces per bay.

(18) Rental of equipment - 1 space per 200 square feet of floor area.

(19) Retail (wholesale) - 1 space per 200 square feet of floor area (first 1,000 square feet) plus 6 spaces per additional 1,000 square feet.

(20) Transit terminal - 1 space for each 4 waiting passengers plus 1 space per employee on largest shift.

(21) Warehouse/self storage - 1 space for every 1.5 employees on largest shift or 1 space per 2,000 square feet; whichever is greater.

(22) Churches - 1 space for each four seats in the main auditorium.

(23) Schools - 2 spaces for each classroom plus one space for each ten students at the high school or college level shall be provided..

(24) Museums, libraries and community centers - 1 space for each 500 square feet of floor area open to the general public, not to include toilet or restrooms, shall be provided.

(25) Parks, playgrounds, golf courses, tennis courts and playfields - sufficient parking spaces necessary to accommodate the design of and intended uses of the aforementioned as approved by the Planning Commission shall be provided.

(Ord. 92-20. Passed 11-23-92.)

1141.09 OFF-STREET LOADING DESIGN STANDARDS.

Off-street loading standards are based on the principal permitted uses of each district.

(Ord. 92-20. Passed 11-23-92.)

1141.10 OFF-STREET LOADING REQUIREMENTS.

Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

(a) Loading Space Dimensions. Each off-street loading space shall be at least twelve feet in width by twenty-five feet in length with a vertical clearance of fifteen feet and adequate area for ingress and egress.

(b) Access. All required off-street loading spaces shall have access from a public street or alley in such a manner that any vehicle leaving the premised shall be traveling in a forward motion.

(c) Setback and Location. Notwithstanding other provisions of this Zoning Ordinance, off-street loading spaces may be located in the required rear or side yard of any Industrial A, Industrial A-1 or Business A district provided that not more than ninety percent (90%) of the required rear or side yard is occupied, and no part of any loading space shall be permitted closer than fifty feet to any residential district nor closer than five feet from any street or alley.

(d) Screening. In addition to the setback requirements stated above, screening shall be provided on each side of an off street loading space that abuts any residential district. Screening shall comply with Section 1141.02(c).

(e) Surface and Drainage. All loading areas shall be graded as necessary and permanently surfaced (asphalt or concrete binder) to provide a dustless surface and shall be provided with adequate drainage consistent with Section 1141.02(d) and (e).

(f) Lighting. Any lights used to illuminate a loading area shall be so arranged as to reflect the light away from adjoining property.

(Ord. 92-20. Passed 11-23-92.)

1141.11 MAINTENANCE OF OFF-STREET PARKING AND LOADING AREAS.

All off-street parking and loading areas shall be well maintained, free of potholes, broken curbs and wheel stops, debris and weeds, clearly striped, and with all lighting in working condition.

(Ord. 92-20. Passed 11-23-92.)

1143.01 PURPOSE.

This chapter sets forth the powers and duties of the Planning Commission, and the Zoning Administrator with respect to the administration of the provisions of this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1143.02 ZONING ADMINISTRATOR.

The City Building Official is hereby designated the Zoning Administrator and shall administer and enforce this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1143.03 RESPONSIBILITIES OF ZONING ADMINISTRATOR.

For the purpose of this Zoning Ordinance, the Zoning Administrator shall have the following duties:

(a) Enforce the provisions of this Zoning Ordinance and interpret the meaning and application of its provisions.

(b) Respond to questions concerning application for amendments to the Zoning Ordinance text and the official Zoning District Map.

(c) Issue zoning permits and certificates of occupancy as provided by this Zoning Ordinance and keep a record of same with a notation of any special conditions involved.

(d) Act on all applications upon which he is authorized to act by the provisions of this Zoning Ordinance within the specified time or notify the applicant in writing of his refusal or disapproval or such application and the reasons therefore. Failure to notify the applicant in the case of refusal or disapproval within the specified time shall entitle the applicant to submit his request to the Planning Commission.

(e) Conduct inspections of buildings and uses of land to determine compliance with this Zoning Ordinance, and, in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.

(f) Maintain in current status the official Zoning District Map which shall be kept on permanent display in the Village office.

(g) Maintain permanent and current records required by this Zoning Ordinance, including but not limited to zoning permits, zoning certificates, inspection documents, and records of all variances, amendments, and conditional uses.

(h) Make such records available for the use of Council, the Planning Commission, and the public.

(i) Determine the existence of any violations of this Zoning Ordinance, and cause such notifications, revocation notices, stop orders or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.

(j) Prepare and submit an annual report to Council and the Planning Commission on the administration of this Zoning Ordinance, setting forth such information as may be of interest and value in advancing and furthering the purpose of this Ordinance. Such report shall include recommendations concerning the schedule of fees.

(Ord. 92-20. Passed 11-23-92.)

1143.04 PLANNING COMMISSION: ORGANIZATION AND APPOINTMENT.

The Planning Commission shall be composed of five members who reside in the incorporated area of the Village, and shall include a member of Council and four additional citizens to be appointed by Council. The terms of the citizen members shall be of such length and so arranged that the term of one member will expire every second year. Commission members shall be elected for terms of six years in length. The Councilman shall serve until the expiration of their term of Council during which he is selected.

(Ord. 92-20. Passed 11-23-92.)

1143.05 PROCEEDINGS OF PLANNING COMMISSION.

The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Commission meetings shall be held at the call of the Chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the Office of the Commission. The presence of three members shall constitute a quorum.

(Ord. 92-20. Passed 11-23-92.)

1143.06 DUTIES OF PLANNING COMMISSION.

The Planning Commission shall have the following duties:

(a) Recommend the proposed Zoning Ordinance, including text and official Zoning District Map to Council for formal adoption.

(b) Initiate advisable official Zoning District Map changes, or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendations to Council.

(c) Review all proposed amendments to the text of this Zoning Ordinance and the official Zoning District Map and make recommendations to Council.

(d) Review all planned unit development (PUD) applications and make recommendations to Council as provided in this Zoning Ordinance.

(e) Review all conditional uses as identified in the respective zoning districts according to provisions and criteria stated in this Zoning Ordinance.

(f) Carry on a continuous review of the effectiveness and appropriateness of this Zoning Ordinance and recommend such change or amendments as it feels would be appropriate.
(Ord. 92-20. Passed 11-23-92.)

(g) Hear and decide appeals where it is alleged that there is an error in an order, requirement, decision, interpretation or determination made by the zoning administrator.

(h) Authorize such variances pursuant to Sections 1143.28 to 1143.35 of the Code of Ordinances.

(i) To interpret the provisions of the Zoning Code in a way to carryout the intent and purpose of the plan as shown upon the maps fixing the several districts accompanying and made a part of the Zoning Code.

(Ord. 2001-5. Passed 4-9-01.)

1143.07 PLANNING COMMISSION.

A Planning Commission is hereby created, which shall consist of five members to be appointed by the Mayor. The term of all members shall be five years and their terms are to be arranged so that the term of one member shall expire each year. Each member shall be a resident of the Village and shall serve until his successor is appointed and qualified. The Board shall organize, and adopt rules in accordance with the provisions of this Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairman, and at other such times as the Board may determine. The Chairman, or Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its meetings and proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Commissioners and shall be public record.

(Ord. 92-20. Passed 11-23-92.)

1143.08 POWERS/DUTIES OF PLANNING COMMISSION.

For the purpose of this Zoning Ordinance, the board has the following specific responsibilities:

(a) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Administrator;

(b) Authorize such variances pursuant to Sections 1143.28 to 1143.35; and

(c) To interpret the provisions of this Zoning Ordinance in a way to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts accompanying and made a part of this Ordinance, where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid.

(Ord. 92-20. Passed 11-23-92.)

(d) To interpret the provisions of the Zoning Code when there is a question as to the boundary of any particular district, whether or not a parcel is sited in a particular district, and to resolve any question where the street layout actually on the ground varies from the street layout as shown on the maps of the Village.

(Ord. 2001-5. Passed 4-9-01.)

1143.09 COUNCIL.

The powers of Council pertaining to the Zoning Ordinance are as follows:

(a) Approve the appointments of members to the Planning/Zoning Commission;

(b) Approve the appointments of members to the Zoning Board of Appeals; and

(Ord. 92-20. Passed 11-23-92.)

1143.10 SCHEDULE OF FEES.

(a) Building and zoning fees within the Village of Golf Mahor shall be the same building and zoning fees as currently charged and as may be modified from time to time by the Board of County Commissioners, Hamilton County, Ohio, and/or the Hamilton County Building Department.

(b) An applicant for a variance shall pay a non-refundable fee of two hundred dollars ($200.00) at the time the application is submitted for consideration of appeal to the Planning Commission sitting as the Board of Zoning Appeals. Accompanying the application shall be a list of all property owners lying within 200 feet of any part of the property to which such appeal relates including their addresses and permanent parcel numbers as shown on the current tax duplicate of the office of the Hamilton County Auditor.

(Ord. 2018-1. Passed 2-24-18; Ord. 2018-18. Passed 11-13-18.)

1143.11 PROCEDURE FOR AMENDMENT OR DISTRICT CHANGES.

This Zoning Ordinance text or map may be amended utilizing the procedures specified in this chapter. (Ord. 92-20. Passed 11-23-92.)

1143.12 CHANGES BY COUNCIL.

Whenever the public necessity, convenience or general welfare require, Council may, by ordinance after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classifications of property.

(Ord. 92-20. Passed 11-23-92.)

1143.13 INITIATION OF ZONING AMENDMENTS.

Amendments to this Zoning Ordinance may be initiated in one of the following ways:

(a) By adoption of a motion by the Planning Commission;

(b) By adoption of a resolution by Council; or

(c) By the filing of an application with the Zoning Administrator by at least one owner of property or by the owner's agent within the area proposed to be changed or affected by such amendment.

(Ord. 92-20. Passed 11-23-92.)

1143.14 CONTENTS OF APPLICATION.

The application shall be signed by the applicant or the applicant's agent attesting to the truth and exactness of all information supplied by the application provided that an individual signing as the applicant's agent shall furnish proof of his authority to act for the applicant. At a minimum the application shall contain the following information:

(a) Name, address and phone number of applicant;

(b) Proposed amendment to the text or a survey by a registered civil engineer of the property proposed to be rezoned;

(d) Present zoning district;

(e) Proposed use including any plans that the applicant has developed;

(f) Proposed zoning district;

(g) A vicinity map on a scale approved by the Zoning Administrator showing property lines, streets, existing and proposed zoning and such other items as the Zoning Administrator may require; and

(h) A fee as established by Council.

(Ord. 92-20. Passed 11-23-92.)

1143.15 TRANSMITTAL TO PLANNING COMMISSION.

Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner of property such resolution or application shall be transmitted to the Planning Commission.

(Ord. 92-20. Passed 11-23-92.)

1143.16 PUBLIC MEETING BY PLANNING COMMISSION.

(a) Upon the receipt of an applicaiton, Resolution or upon the passage of a motion of the Planning Commission as provided by Section 1143.13, Planning Commission shall set a meeting date for reviewing the proposed amendment.

(b) Whenever the Planning Commission is to consider a map amendment that proposes to rezone ten or fewer parcels as listed on the tax duplicate, notice shall be given by First Class Mail to the applicant and to all owners of property within 200 feet of the property proposed to be rezoned or redistricted. Such notice shall be given at least seven days prior to the date of the meeting. Such notice shall include the time and place of the meeting and a summary of the proposed amendment. The failure of delivery of such notice shall not invalidate any recommendation of the Planning Commission, nor any subsequently enacted ordinance.

(Ord. 2018-9. Passed 8-13-18.)

1143.17 NOTICE OF PUBLIC COMMISSION MEETING IN NEWSPAPER.

Before holding the public meeting provided in Section 1143.16, notice of such hearing shall be given by the Planning Commission, by publication of a notice in a newspaper of general circulation in the Village at least once, ten days prior to the meeting. This notice shall set forth the time and place of the public meeting, the nature of the proposed amendment and a statement that after the conclusion of such public hearing the matter shall be referred to Council for further determination.

(Ord. 92-20. Passed 11-23-92.)

1143.18 NOTICE TO PROPERTY OWNERS BY PLANNING COMMISSION.

Written notice of the hearing shall be mailed by the Planning Commission, by first class mail at least ten days before the date of the hearing, to all owners of property within 200 feet of such area proposed to be rezoned or redistricted and to the owners of property located appearing on the County Auditor's current tax list. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1143.17.

(Ord. 92-20. Passed 11-23-92.)

1143.19 RECOMMENDATION BY PLANNING COMMISSION.

After the public meeting provided in Section 1143.16, the Planning Commission shall recommend to Council, in a time period no longer than thirty days, that the amendment be granted, as requested, or it may recommend a modification of the amendment requested or it may recommend the amendment not be granted. The Commission shall transmit its recommendation to Council.

(Ord. 92-20. Passed 11-23-92.)

1143.20 PUBLIC HEARING BY COUNCIL.

Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing.

(Ord. 92-20. Passed 11-23-92.)

1143.21 NOTICE OF PUBLIC COUNCIL HEARING IN NEWSPAPER.

Notice of the public hearing required in Section 1143.20 shall be given by Council by publication of a notice in a newspaper of general circulation in the Village. Such notice shall be published at least thirty days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

(Ord. 92-20. Passed 11-23-92.)

1143.22 NOTICE TO PROPERTY OWNERS BY COUNCIL.

Whenever a proposed map amendment proposes to rezone ten or fewer parcels as listed on the tax duplicate, written notice of the hearing shall be given to the applicant and to all owners of property that are within 200 feet of the property proposed to be rezoned or redistricted. Notification shall be sent by First Class Mail to such property owners at least thirty days prior to the public hearing. Such notice shall include the time and place of the public hearing and a summary of the proposed amendment. During the thirty-day period prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning Commission shall be on file for public examination in the office of the Village Administrator. (Ord. 2018-9. Passed 8-13-18.)

1143.23 ACTION BY COUNCIL.

No amendment of the Zoning Ordinance of the Village or of the zone map shall be made, passed or enacted by Council until and unless such amendment shall be approved by the Planning Commission; provided that a vote of not less than three-fourths of Council shall be required to overrule the Commission.

(Ord. 92-20. Passed 11-23-92.)

1143.24 EFFECTIVE DATE AND REFERENDUM.

The amendments adopted by Council shall become effective thirty days after the date of such adoption unless within thirty days after the passage of the amendment there is presented a referendum petition pursuant to Article XI of the Village Charter.

(Ord. 92-20. Passed 11-23-92.)

1143.25 PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.

Appeals and variances shall conform to the procedures and requirements of Sections 1143.26 through 1143.35, inclusively.

(Ord. 92-20. Passed 11-23-92.)

1143.26 APPEALS.

Appeals to the Planning Commission concerning interpretation or administration of this Zoning Ordinance may be taken by any person aggrieved by any zoning decision of the Zoning Administrator. Such appeal to the Board shall be taken after the decision by filing with the Zoning Administrator on behalf of the Board a notice of appeal specifying the grounds upon which the appeal is being taken. Appeals shall be made in writing accompanied by an application fee as set by Council. The Zoning Administrator shall transmit to the Board all the documents constituting the record upon which the action appealed from was taken.

(Ord. 92-20. Passed 11-23-92.)

1143.27 STAY OF PROCEEDINGS.

An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator from whom the appeal is taken certifies to the Planning Commission, after the notice of appeal is filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the Board or by a court of record upon application, on notice to the Zoning Administrator from whom the appeal is taken, on due cause shown.

(Ord. 92-20. Passed 11-23-92.)

1143.28 VARIANCES.

The Planning Commission may authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owning to special conditions of the property, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No variance shall be granted by the Board unless it is found that all of the requirements and standards contained in Section 1143.30 are met. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming uses of land, structures or buildings in other districts shall be considered grounds for issuance of a variance.

(Ord. 92-20. Passed 11-23-92.)

1143.29 APPLICATION FOR VARIANCE.

A variance from the terms of this Zoning Ordinance shall not be granted by the Planning Commission unless and until a written application for a variance is submitted to the Zoning Administrator. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. At a minimum, the application shall contain the following information:

(a) Name, address and telephone number of applicant;

(b) A survey by a registered civil engineer shall be required when a requested variance is a variance from the set-back requirements, a change or addition to the existing exterior of a structure, or the location of a fence or other structure upon the property. Such survey shall set forth the location of the existing structure or structures upon such property and the proposed location of any change, modification or other structure which is the subject of the variance request. The Service Director is authorized to waive any or all parts of this requirement if the applicant provides such additional documentation or information to the Director to satisfy the Director that equivalent information is being provided to the Planning Commission to appropriately consider the variance. The Planning Commission, however, as a condition to granting such variance or as a condition to final consideration of the variance, may, by a majority vote of those members present and voting, require this additional information although previously waived by the Director.

(d) A statement demonstrating that the requested variance conforms to the standards set forth in Section 1143.30; and

(e) A fee as established by Council.

(Ord. 92-20. Passed 11-23-92; Ord. 95-26. Passed 11-27-95; Ord. 01-7. Passed 6-25-01.)

1143.30 STANDARDS FOR VARIANCE.

A variance from the terms of this Zoning Ordinance shall not be granted by the Planning Commission unless it makes specific findings that all of the following standards are met:

(a) The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this Zoning Ordinance on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.

(b) The granting of the variance shall not permit the establishment of any use which is not otherwise permitted in the district.

(c) There shall exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Zoning Ordinance would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there shall be deprivation of beneficial use of land.

(d) There shall be proof of hardship created by the strict application of this Zoning Ordinance. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it shall result from the application of this Zoning Ordinance; it shall be suffered directly by the property in question.

(e) The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted is the minimum variance that will accomplish this purpose.

(f) The proposed variance shall not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.

(Ord. 92-20. Passed 11-23-92.)

1143.31 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In granting any appeal or variance the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted shall be deemed a violation of this Code and punishable under Section 1145.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use prohibited by the terms of this Code in such district.

(Ord. 92-20. Passed 11-23-93.)

1143.32 PUBLIC HEARING BY PLANNING COMMISSION.

The Planning Commission shall set a public hearing within twenty days after the receipt of an application for a variance or a notice of appeal. The hearing on the appeal or variance shall be held within thirty days of receipt of application for the variance or the notice of appeal.

(Ord. 92-20. Passed 11-23-92.)

1143.33 NOTICE OF PUBLIC HEARING.

Before holding the public hearing required in Section 1143.32, notice of such hearing shall be given by posting such notice on the Village website. Such posting shall be no less than ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance. A printed copy of such notice shall also be posted at the same time upon the bulletin board maintained in Village Hall.

(Ord. 2018-18. Passed 11-13-18.)

1143.34 NOTICE TO PARTIES IN INTEREST BY BOARD.

Before holding the public hearing required in Section 1143.32 written notice of such hearing shall be mailed by the Planning Commission by first class mail at least ten days before the day of the hearing to all parties in interest including the property owner, the petitioner and all property owners located within 200 feet in any direction of the property upon which an application for an appeal or variance has been filed. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1143.33.

(Ord. 92-20. Passed 11-23-92.)

1143.35 ACTION BY PLANNING COMMISSION.

Within thirty days after the public hearing required in Section 1143.32 the Planning Commission shall either approve, approve with supplementary conditions as specified in Section 1143.31, or disapprove the request for appeal or variance. The Board shall further make a finding that the reasons set forth in the application justify the granting of the appeal or variance and by demonstrating that the decision will make possible a reasonable use of the land, building or structure. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas.

(Ord. 92-20. Passed 11-23-92.)

1143.36 PROCEDURES AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USES.

The Planning Commission may authorize, upon application, conditional uses, as delineated in Chapters 1129 through 1139 , district regulations. Such conditional use requests shall conform to the procedures and requirements of Sections 1143.37 through 1143.44 inclusively.

(Ord. 92-20. Passed 11-23-92.)

1143.37 APPLICATION FOR CONDITIONAL USE PERMIT.

An application for conditional use permit shall be filed with the Zoning Administrator by at least one owner, owner's agent or lessee of properties for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. At a minimum, the application shall contain the following information:

(a) Name, address and telephone number of applicant;

(b) A survey by a registered civil engineer of the said property;

(d) Present zoning district;

(e) Description of proposed conditional use;

(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Planning Commission may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;

(g) A statement evaluating the effect on adjoining properties; the effect of such elements as noise, glare, odor, fumes, vibration on adjoining property and a discussion of the general compatibility with adjacent and other properties in the district; and

(h) A fee as established by Council.

(i) A statement describing how the applicant believes the request conforms to the standards for conditional uses listed in Section 1143.38 below.

(Ord. 92-20. Passed 11-23-92.)

1143.38 GENERAL STANDARDS FOR CONDITIONAL USES.

In addition to specific requirements for conditionally permitted uses that may be specified in the district use regulations the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

(a) Shall be harmonious and in accordance with the general objectives of this Zoning Ordinance;

(b) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and so that such use shall not change the essential character of the same area;

(d) Shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal, water and sewers, schools; and the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

(e) Shall not create additional requirements of public cost for public facilities and public services and shall not be detrimental to the economic welfare of the community; and in the case of day nurseries or day care centers, shall not be located within 500 feet of any use set forth at Section 1135.02 or 1135.03; and

(f) Shall not involve uses, activities, processes, material, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(Ord. 92-20. Passed 11-23-92.)

1143.39 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In granting any conditional use the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violations of such conditions and safeguards when made a part of the terms under which the conditional use is granted shall be deemed a violation of this Zoning Ordinance and punishable under Section 1145.99.
(Ord. 92-20. Passed 11-23-92.)

1143.40 PUBLIC HEARING BY PLANNING COMMISSION.

The Planning Commission shall set a public hearing within twenty days after the receipt of an application for a conditional use. The hearing on the conditional use shall be held within thirty days of receipt of application for the conditional use.

(Ord. 92-20. Passed 11-23-92.)

1143.41 NOTICE OF PUBLIC COMMISSION HEARING IN NEWSPAPER.

Before holding the public hearing required in Section 1143.40, notice of such hearing shall be given by publication in a newspaper of general circulation in the Village at least ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use.

(Ord. 92-20. Passed 11-23-92.)

1143.42 NOTICE TO PARTIES IN INTEREST BY COMMISSION.

Before holding the public hearing required in Section 1143.40, written notice of such hearing shall be mailed by the Planning Commission by first class mail at least ten days before the date if the hearing to the property owner, the petitioner and all property owners within 200 feet in any direction of the property upon which an application for a conditional use permit has been filed. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1143.41.

(Ord. 92-20. Passed 11-23-92.)

1143.43 ACTION BY PLANNING COMMISSION.

Within thirty days after the public hearing required in Section 1143.40, the Planning Commission shall either approve, approve with supplementary conditions as specified in Section 1143.39, or disapprove the application as presented. If the application is approved or approved with modifications, the Commission shall direct the Zoning Administrator to issue a conditional zoning permit listing the specific conditions specified by the Commission for approval. If the application is disapproved by the Commission, the applicant may seek relief through the Court of Common Pleas.

(Ord. 92-20. Passed 11-23-92.)

1143.44 EXPIRATION OF CONDITIONAL USE PERMIT.

A conditional use permit shall be deemed to authorize only one particular conditional use and such conditional permit shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more that six months.

(Ord. 92-20. Passed 11-23-92.)

1145.01 ZONING PERMITS REQUIRED.

No building or other structure shall be erected, moved, enlarged, structurally altered, nor shall any building, structure or land be established or changed in use without a zoning permit issued by the Zoning Administrator; provided that where a building permit is required, such building permit shall also serve as a zoning permit. If such zoning permit does not conform with the provisions of this Zoning Ordinance, the applicant shall first obtain a written order from the Board of Zoning Appeals deciding an appeal, conditional use, variance or as otherwise provided by this Zoning Ordinance. By definition, structure includes driveways, parking pads, parking areas, and patios.

(Ord. 92-20. Passed 11-23-92; Ord. 2022-4. Passed 7-11-22.)

1145.02 APPLICATION FOR ZONING PERMIT.

The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. At a minimum, the application shall contain the following information:

(a) Name, address and telephone number of the applicant;

(b) A survey by a registered civil engineer of the property;

(d) Proposed use;

(e) Zoning district;

(f) Plan drawn to scale showing the actual dimensions and shape of the lot to built upon, exact size and location of existing buildings on the lot, if any, and the locations and dimension of the proposed buildings or alterations;

(g) Building heights and setbacks;

(h) Number of off-street parking or loading spaces;

(i) Number of dwelling units; and

(j) Such other matters as may be necessary to determine conformance with and provide for the enforcement of this Zoning Ordinance as required by the Zoning Administrator.

(Ord. 92-20. Passed 11-23-92.)

1145.03 APPROVAL OF ZONING PERMIT.

Within thirty days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application under the provisions of this Zoning Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Administrator after having marked such copy either as approved or disapproved and attesting to the same by signature. One copy of the plans similarly marked shall be retained by the Zoning Administrator. The Zoning Administrator shall issue a placard to be posted on a conspicuous place on the property in question attesting to the fact that the use or alteration is in conformance with the provisions of the Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1145.04 EXPIRATION OF ZONING PERMIT.

If the work described in any zoning permit does not begin within one (1) year from the date of issuance thereof, such permit shall expire. If the work described in any zoning permit has not been substantially completed within two and one-half years if the date of issuance thereof, such permit shall expire.

(Ord. 92-20. Passed 11-23-92.)

1145.05 PERMIT OF OCCUPANCY.

No person shall use or occupy or permit to use for occupancy any building or premises or any part of a building or premises, created or altered, converted or wholly or partly altered in its use or structure until a permit or occupancy has been issued therefore by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1145.06 TEMPORARY PERMIT OF OCCUPANCY.

A temporary permit of occupancy may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.

(Ord. 92-20. Passed 11-23-92.)

1145.07 RECORDS OF ZONING PERMITS AND PERMITS OF OCCUPANCY.

The Zoning Administrator shall maintain a record of all zoning permits and permits of occupancy and a copy shall be furnished upon request to any person.

(Ord. 92-20. Passed 11-23-92.)

1145.08 FAILURE TO OBTAIN A ZONING PERMIT OR PERMIT OF OCCUPANCY.

Failure to obtain a zoning permit or permit of occupancy shall be a violation of this Zoning Ordinance and shall be punishable under Section 1145.99.

(Ord. 92-20. Passed 11-23-92.)

1145.09 CONSTRUCTION AND USE BASED ON APPROVED APPLICATIONS, PLANS AND PERMITS.

Zoning permits or permits of occupancy issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use and arrangement set forth in such approved plans and applications and amendments thereto; any other use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Ordinance and punishable as provided by Section 1145.99.

(Ord. 92-20. Passed 11-23-92.)

1145.10 COMPLAINTS REGARDING VIOLATIONS.

Whenever a violation of this Zoning Ordinance occurs or is alleged to have occurred, any person may file a written complaint; such complaint shall fully state the causes and basis thereof and shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint and also immediately investigate and take action as provided by this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1145.11 SCHEDULE OF FEES, CHARGES AND EXPENSES.

Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, permits of occupancy, appeals and other matters pertaining to the Zoning Ordinance. The schedule of fees shall be posted in the office of the Building Inspector and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 92-20. Passed 11-23-92.)

1145.99 PENALTY.

Violations of the provisions of this Zoning Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Zoning Ordinance or fails to comply with any of its requirements shall, upon conviction, be fined not more than five hundred dollars ($500.00) and in addition pay all costs and expenses involved in the case. Each day such violation occurs after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or any other person who commits, participates, or assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalty herein provided. The Village Solicitor may file a civil action to enforce the provisions of this Zoning Ordinance against any property owner or occupant. Nothing herein contained shall prevent the Village from such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 92-20. Passed 11-23-92.)

1146.01 PURPOSE.

The purpose of the Planned Unit Development ("PUD") Regulations is to encourage and allow more creative and efficient design of land developments than is possible under subdivision and district zoning requirements. The PUD Overlay District is intended to allow substantial flexibility in planning and design. This flexibility often accrues in the form of relief from compliance with conventional subdivision regulations and zoning ordinance site and design requirements. This flexibility should result in a development that is more compatible and harmonious with the natural environment, surrounding land uses, and the goals, objectives, and policies of the community. An intrinsic premise upon which approval of a PUD plan is conditioned is that while greater density or more lenient siting requirements may be granted, the PUD should contain features not normally required of traditional developments.

(Ord. 2006-5. Passed 7-10-06.)

1146.02 DISTRICT DESIGNATION AND APPLICABILITY.

The PUD District is an overlay of alternative regulations, including procedures and standards that are applicable to all land within the jurisdiction of these regulations in accordance with the provisions of this chapter. The PUD Overlay District shall be established on the official zoning map following the zoning amendment process outlined in the Zoning Ordinance. This overlay district will enable individual property owners to request approval on their property in accordance with the provisions of this chapter. Each PUD District shall be delineated on the zoning map with a specific reference number identifying each separate district.

(Ord. 2006-5. Passed 7-10-06.)

1146.03 PERMITTED USES.

The uses permitted in a planned unit development overlay must be either permitted by right or conditionally permitted in the underlying zoning district. office and commercial uses may be permitted in a residential district only as an accessory use intended to provide services to meet the needs of the PUD residents. In these instances, office and commercial use are restricted to five percent (5%) of the gross square footage of the entire PUD and the area (building footprint and outdoor use) shall not be more than three percent (3%) of the gross land area of the PUD.

(Ord. 2006-5. Passed 7-10-06.)

1146.04 GENERAL STANDARDS AND CONDITIONS.

Applications for Planned Unit Developments must meet the following minimum standards:

(a) The minimum land area for a PUD is two acres.

(b) The site area of the proposed PUD must be under single ownership and/or unified control.

(c) The PUD must be generally consistent with the Village of Golf Manor Comprehensive Plan, as stated in Section 1121.01 of the Zoning Ordinance.

(d) Project perimeter setbacks must be equal to or greater than the setbacks required in underlying zoning district, including buffer requirements.

(Ord. 2006-5. Passed 7-10-06.)

1146.05 REVIEW CRITERIA.

In order to receive approval of a Planned Unit Development Overlay designation, the applicant must demonstrate that the following principles are met:

(a) Compatibility with Surrounding Land Uses: The proposed uses in the Planned Unit Development are consistent with the current or proposed underlying zoning and are compatible with the uses on abutting properties and the area in general. The uses must be of a type and so located as to cause no undue detrimental impact on surrounding properties.

(b) Density: The residential density of the Planned Unit Development should not exceed one hundred fifty percent (150%) of the residential density requirements of the underlying district. Any increase in density should be related to a corresponding increase in the amount of open space provided, and should not result in a significant increase in impervious surface coverage from what would normally be expected under standard zoning.

(c) Open Space: The Planned Unit Development shall provide for the reservation, within the tract to be developed, of a significant amount of land area as common public open space. This may include such areas as pedestrian corridors between different uses, public gathering places, park land, or sensitive environmental areas. This common open space shall be conveyed to a legally established property owner association or trust, unless it is determined by the Village that it should be publicly dedicated. The area shall be in such a composition and configuration as to be desirable as a gathering space or passage way, and should not consist of isolated or fragmented pieces of land that provide no public use or benefit. In general, PUD site plans should demonstrate a minimum of twenty percent (20%) of gross land area as open space, exclusive of private streets, parking areas, sidewalks that are an integral part of a specific use, or the required perimeter setbacks. Not more than fifty percent (50%) of the open space may be designated for storm water detention or retention basins.
(Ord. 2006-5. Passed 7-10-06.)

1146.06 APPLICATION REVIEW AND APPROVAL PROCESS.

(a) Pre-application Process: Prior to preparing or submitting a complete application for a PUD overlay approval, an applicant should meet with the Zoning Administrator or other administering official to present the concept of the proposed development and to discuss the procedures and standards for development plan approval. The intent of this conference is to facilitate the filing and consideration of an innovative development plan and complete application and to outline for the applicant the review process and general PUD standards. No representation made by the Zoning Administrator during such conference or at any other time shall be binding upon the Village with respect to the application subsequently submitted.

(b) PUD Application and General Development Plan Submittal: An applicant for a PUD overlay shall file an application on a form or forms provided by the Village. The application shall include, as appropriate, all of the information required for a zoning amendment identified in Section 1143.14 plus the following additional information, all of which will be considered applicant's "General Development Plan":

(1) A project narrative explaining the basis for the request for PUD designation.

(2) A summary table comparing the proposed residential dwelling unit density of the development to the underlying or proposed underlying zoning density regulations.

(3) A summary table analyzing the amount of common open space proposed with a designation that allows individual areas to be identified on the site plan and designates which land, if any, is intended to be publicly dedicated. Land that is to remain in private ownership controlled by a property association or trust should be identified and the proposed covenants outlined.

(4) Identification of what rights of way are to be dedicated and if private streets or alleys are proposed.

(5) A summary table outlining what other variances from subdivision and zoning regulations are being requested (i.e.: building height, lot width, setbacks, sidewalk or road construction standards, etc.)

(6) Evidence of legal control of the property to be designated for the PUD.

(7) The proposed schedule of site development, construction of structures and associated facilities. If the PUD is a large tract of land that will be developed in multiple sections, the proposed schedule should reflect the anticipated timing for submittal of final development plans for each section.

(8) Proposed general lighting plan for streets, parking areas and outside activity and/or storage areas.

(9) Preliminary landscape plan, with particular emphasis on perimeter buffer landscaping, park and open space landscaping, and parking area landscaping.

(10) Preliminary storm water detention plan as part of a finish grading plan.

(11) PUD application fee as established by Council.

(c) Staff Review and Notification Procedures. The PUD application will be reviewed in accordance with the review procedures for zoning amendments outlined in Chapter 1143.

(d) Planning Commission Review of a PUD General Development Plan. The Planning Commission shall review a PUD application and General Development Plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendations of staff, consultants, and testimony at the public meeting when reviewing the application. In order to approve a PUD application, the Planning Commission shall apply the following general standards:

(1) The application is consistent with the standards outlined in the Zoning Ordinance.

(2) The proposed development is served adequately and efficiently by essential public facilities and services including road systems, water, sewer, gas, and electric services.

(3) Internal streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and there is adequate and appropriate ingress and egress to public thoroughfares adjacent to the development.

(4) Internal circulation allows efficient pedestrian access within the development.

(5) The phasing plan of the development is appropriate and the development can be substantially completed within the period of time specified in the schedule submitted by the applicant.

(6) Proposed modifications of the standard regulations of the subdivision or zoning code are warranted by the innovative design of the development plan and are not simply for the convenience or economic benefit of the applicant.

(7) Proposed modification of any subdivision or zoning regulation has been compensated for by an increase in other site amenities that exceed the minimum requirements established for standard developments.

(8) Adequate provision has been made for the ownership and on-going maintenance of designated public open spaces and buffer zones, as well as any private drives, pedestrian walkways, or storm water management facilities.

(9) The proposed open space and improvements to be publicly dedicated are appropriate for public acceptance and are of such construction and configuration that they do not create an undue burden to access or maintain.

(10) The proposed development provides a desirable landscaping plan for interior parking areas, common areas, and perimeter buffer zones.

(11) The storm water management plan is desirable and sufficient to meet Village and County regulations related to both storm water quantity and quality.

(e) Action by Planning Commission. The Planning Commission shall act on an application for PUD and general development plan approval in accordance with the provisions for amendments to the zoning code specified in Chapter 1143 , in particular Section 1143.19 . The Commission shall present written findings of fact outlining the basis of their recommendation.

(f) Public Hearing and Notice by Council. Upon receipt of the recommendation from Planning Commission, Council shall set a time within 60 days for a public hearing on the proposed plan. Notice of the public hearing shall be provided according to the requirements for zoning amendments.

(g) Action by Council. At the conclusion of the public hearing, Council shall consider the evidence provided at the hearing along with the comments and recommendations of staff and the written findings of fact of the Planning Commission and shall act on the application in accordance with the requirements of Chapter 1143 for zoning amendments.

(h) Effect of Council PUD Application and General Plan Approval.

(1) The approval of a PUD application represents approval of a change in the zoning map of the City of Golf Manor. Thirty days following the approval by Council of a PUD application, the Village shall cause the zoning map to be amended to represent the PUD approval and provide a designation and number on the zoning map for the PUD. The general development plan is adopted as part of the zoning amendment and becomes part of the ordinance adopting the PUD.

(2) The approved plan may not be transferred by the applicant to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit, without the written approval of the Council which shall be done by Resolution. A request for such a transfer or change of ownership shall be presented to the Planning Commission for recommendation to Council and granted by Council only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original PUD application. The ordinance approving such PUD shall acknowledge this procedure for assignment of the PUD rights

(i) Expiration of PUD and General Development Plan Approval. An approved PUD application shall remain valid for a period of twelve months following the effective date of its approval. This period may be extended for up to six months by the Planning Commission, after demonstration of just cause by the applicant. If at the end of that time, a final development plan has not been submitted, then the PUD application and General Development Plan shall expire and shall be of no effect unless resubmitted and approved in accordance with the previous provisions of this chapter. The ordinance approving such PUD shall acknowledge this termination procedure.

(Ord. 2006-5. Passed 7-10-06.)

1146.07 FINAL PUD DEVELOPMENT PLAN REVIEW AND APPROVAL PROCESS.

After the effective date of the approval of the PUD application, the applicant may submit a final development plan for the total development. A final development plan must be consistent with the general development plan and must be submitted within twelve months to the Zoning Administrator or other authorized official.

(a) Submittal Requirements for Final PUD Development Plan. An applicant for PUD final development plan approval shall file an application on a form provided by the Village. The application shall include all the information required for a zoning amendment identified in Chapter 1143 plus the following additional information:

(1) A project narrative describing how the final development plan is consistent with approved general development plan.

(2) An accurate, legal description and survey prepared or certified by a registered surveyor of the state;

(3) A vicinity map showing the relationship of the site to existing development and including existing property lines, easements, utilities and street rights- of-way of the subject property and property within 200 feet of the site, and zoning district boundaries.

(4) Verification of availability of all utilities, including water, sanitary sewer, gas, electric etc.

(5) The ownership interests of the subject property, including liens and easements, and the nature of the developer's interest if not the owner.

(6) A final development plan, prepared by a qualified professional such as a licensed architect, surveyor, engineer or landscape architect, and drawn to an appropriate scale indicating the following:

A. Use, location and height of existing and proposed buildings and structures;

B. Location of all public rights-of-way and private streets;

C. Location and configuration of vehicular circulation including off- street parking and loading areas; the arrangement of internal and in- out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

D. Location of proposed and existing structures including fences, walls, signs, and lighting;

E. Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

F. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

G. Dimensions of all buildings, setbacks, parking areas, drives and walkways;

H. Location, size and character of any open space.

(7) Topographic maps showing existing and proposed grading contours, water courses, existing flood plains, and major vegetation features including existing trees with a caliper of four or more inches, wooded areas, wetlands and other environmental features;

(8) Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation and landscaping, including species, size at planting and separation, screening elements and any existing trees to be removed;

(9) Conceptual water management and sediment control plans in accordance with the Hamilton County Storm Water Regulations or similar method as approved by the City Engineer.

(10) Illumination plan, including, but not limited to, a photometric plan which shows maximum foot candles at the surface, light pole heights and locations, average foot candle calculations and location of house side shields.

(11) Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans, and site construction materials prepared and certified by a professional engineer, architect, or surveyor.

(12) Signage plan, pursuant to Chapter 1149.

(13) Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type, building coverage, pavement coverage and acreage devoted to open space;

(14) Subdivision plat, if appropriate;

(15) The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities.

(16) A statement identifying any aspect of the plan in which the applicant is requesting an equivalency waiver, pursuant to Section 150.14 or for which a variance is required.

(17) Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).

(18) A list of all property owners lying within 300' of any part of the property, including their addresses and permanent parcel number, as shown on the current tax duplicate in the office of the Hamilton County Treasurer.

(19) Other information necessary for the evaluation of the final development plan as deemed necessary by the Zoning Administrator.

(20) Final development plan fee as established by Council.

(b) Staff Review and Notification Procedures. The final development plan will be reviewed in accordance with the review procedures for zoning amendments contained in Chapter 1143.

(c) Planning Commission Review of Final PUD Development Plan. Planning Commission shall review the final PUD development plan to determine if it is consistent with the approved PUD application and general development plan. The Commission shall review the application based on the design and conditions attached to the approved PUD application and general development plan and make written findings of fact as to whether the final development plan and conditions are consistent with the approved general development plan and associated conditions. In order to approve a final development plan, the Planning Commission shall determine that:

(1) The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved general development plan.

(2) The appropriate use and value of property within and adjacent to the area will be safeguarded.

(3) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

(4) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

(5) The development will have adequate public service and open spaces.

(6) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code.

(7) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity.

(8) The proposed signs:

A. Are of an appropriate size, scale and design in relationship with the principal building, site, and surroundings; that the base of ground- mounted signs are adequately landscaped.

B. Adequately identify the use; and

C. Are located so as to maintain safe and orderly pedestrian and vehicular circulation.

(9) The landscape plan will adequately provide the following:

A. Enhance the principal building and site;

B. Maintain existing trees to the extent possible;

C. Buffer adjacent incompatible uses;

D. Break up large expanses of pavement with natural material; and

E. Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.

(10) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters. The final water management and sediment control plan is subject to review and final approval by the City Engineer or consulting engineer.

(11) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.

(12) The project complies with all other local, state and federal laws and regulations.

(d) Action by Planning Commission. The Planning Commission shall act on the PUD final development plan application in accordance with the procedures outlined in Chapter 1143 , and in particular Section 1143.19 .

(Ord. 2006-5. Passed 7-10-06.)

1146.08 SIGNIFICANCE OF AN APPROVED PUD FINAL DEVELOPMENT PLAN.

An approved PUD final development plan shall become for the proposed development a binding commitment of the specific elements approved for the development. If the PUD includes the subdivision of land, a final plat must be prepared and submitted to Planning Commission for signature in accordance with the platting provisions for subdivisions. A final record plat must be submitted for at least the first section of the development within eighteen (18) months of the approval of the final development plan.

(Ord. 2006-5. Passed 7-10-06.)

1146.09 EXPIRATION OF PUD DEVELOPMENT PLAN APPROVAL.

(a) An approved PUD final development plan that does not require a final plat shall remain valid for a period of twelve months following the effective date of its approval. This period may be extended for up to six months by the Planning Commission, after demonstration of good cause by the applicant. If at the end of that time a building permit has not been issued, then the PUD application general development plan and final development plan shall expire and be of no effect unless resubmitted and approved in accordance with the previous provisions of this chapter. If the building permit expires without construction having been started, the PUD application and subsequent plans shall expire and must be resubmitted and approved in accordance with this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

(b) An approved PUD that does require a final plat due to subdivision of the property shall remain valid for a period of six months following the recording of the final plat. If after that

time bonds have not been secured and construction begun on required public improvements, then the PUD application and subsequent plans shall expire and will require resubmittal and approval in accordance with the provisions of this chapter. Building permits must be issued within six months of approval of a final plat that does not require construction of public improvements, or six months following the beginning of construction of public improvements.

(Ord. 2006-5. Passed 7-10-06.)

1146.10 MODIFICATIONS TO AN APPROVED PUD FINAL DEVELOPMENT PLAN.

Modifications to an approved PUD final development plan may be considered to be minor modifications, significant modifications, or major modifications.

(a) Minor Modifications. The Zoning Administrator may authorize minor modifications to a PUD final development site plan. Minor modifications shall be the minimum necessary to overcome a particular difficulty or to achieve a more functional and desirable use of the property than was initially anticipated. These modifications have become necessary because of field conditions, detailed engineering data, topography or critical design criteria. Minor modifications may include adjusting the size and location of drainage ways, sewers, circulation elements, retaining walls, or similar features and to substitute, without reducing, landscape materials. Minor modifications may also include structural dimensional changes provided they do not increase building heights by more than ten feet, floor area by more than five percent, decrease the number of parking spaces by more than ten percent or allow buildings closer to the property lines. No minor modification shall result in a violation of any subdivision or zoning requirement or any variance from these requirements granted by a condition of the PUD approval. The Zoning Administrator or other authorized official may deem any request for a minor modification to be a significant modification and refer the request to the Planning Commission for determination under the provisions set forth below.

(b) Significant Modifications. The Planning Commission may authorize modifications to the PUD final development plan provided that the modifications are consistent with the approved PUD and general development plan approved by Council. The applicant shall submit significant modifications for Planning Commission consideration pursuant to the procedures for final development plan approval outlined in this chapter. If the Planning Commission determines that the proposed modification is not consistent with the approved PUD and General Development Plan, they will deny the modification and direct the applicant to submit a revised general development plan to Council.

(c) Major Modification. Council may approve major modifications to a previously approved PUD application and general development plan. Any modification that does not meet the standards for a minor or significant modification shall be considered a major modification and require approval by Council according to the procedures outlined herein for initial approval of a General Development Plan.

(Ord. 2006-5. Passed 7-10-06.)

1146.11 APPEAL OF DECISIONS ON MODIFICATIONS.

Appeal of Decision of Zoning Administrator or other Authorized Official. Any party aggrieved by the administrative decision of the Zoning Administrator or other authorized official may appeal the decision to the Planning Commission. The appeal must be filed within fourteen days of the date of the written decision. The Planning Commission will hear the appeal within thirty days of receipt of the appeal, and then submit its recommendation to Council pursuant to Section 1143.19 .

(Ord. 2006-5. Passed 7-10-06.)

1147.001 PURPOSE.

It is the purpose of this chapter to set forth regulations so that no facility use shall be constructed or operated so as to create any offensive, noxious, objectionable or other undesirable effect on persons or property outside the lot line. Materials used and manufactured or assembled products which are stored shall be adequately housed, shielded, or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.

(Ord. 92-20. Passed 11-23-92.)

1147.01 APPLICABILITY AND COMPLIANCE.

The environmental performance standards are applicable to all land uses in all zoning districts in the Village, and both initial and continued compliance is required. Any condition, phenomenon, or land use falling under the jurisdiction of the standards presented in this chapter and not in conformance with these standards shall be brought in full compliance immediately upon discontinuance of the existing use of land, structure, or building. Any change in the principal use of the land, structure, or building shall constitute a discontinuance and be fully subject to these standards and provisions.

(Ord. 92-20. Passed 11-23-92.)

1147.02 NOISE.

No activity on private property shall emit noise that creates a nuisance to surrounding properties, as determined by the Zoning Administrator.

(a) The following noise sources shall be exempt from these provisions during the daytime only:

(1) Fire arms on authorized ranges;

(2) Legal blasting;

(3) Temporary construction activity;

(4) Installation of utility services; and

(5) Lawn mowers and chain saws.

(b) The following noise sources shall be exempt at all times:

(1) Aircraft;

(2) Railroads;

(3) Emergency vehicles and equipment;

(4) Warning devices operating continuously for not more than five minutes or bells, chimes and carillons;

(5) The repair of essential utility services; and

(6) Officially sanctioned parades and other public events.

(Ord. 92-20. Passed 11-23-92.)

1147.03 VIBRATIONS.

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located. (Ord. 92-20. Passed 11-23-92.)

1147.04 GLARE.

Any operation producing intense light or heat, including high temperature processes such as combustion and welding shall be performed within and enclosed building and not be visible beyond any lot line bounding the property wherein the use conducted. Welding that is required for exterior construction or a structure shall be exempt from these regulations. Exterior lighting shall be positioned as to extend glare away from adjacent properties or rights-of-way.

(Ord. 92-20. Passed 11-23-92.)

1147.05 EXTERIOR LIGHTING STANDARDS.

No activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Zoning Administrator.

(Ord. 92-20. Passed 11-23-92.)

1147.06 ELECTRICAL DISTURBANCES.

No activities will be permitted which emit electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance, and shall comply with all applicable FCC regulations and standards.

(Ord. 92-20. Passed 11-23-92.)

1147.07 COMPOSTING.

(a) Definitions.

(1) “Composting” means the controlled decomposition of organic solid wastes under aerobic conditions to produce relatively stable, inert material that may be incorporated into the soil without producing any adverse impact to the soil or to the public health.

(2) “Compost pile” means the place where composting occurs.

(3) “Compost” means the product of the composting process. “Compost” is characterized as chemically and biologically altered organic material which has become chemically stable, which decomposes slowly, which is free from offensive odors, and which contains less than ten percent (10%) water by weight.

(4) “Household composting” means any composting activity conducted by the residents on their property.

(5) “Nuisance” means any condition which is or may be injurious to the health or safety of any person or to the community.

(6) “Soil incorporation” means the immediate plowing, disking, or tilling of compost into the soil.

(7) “Solid waste” means the unwanted residue of domestic, commercial, and industrial activity. “Solid waste” includes, but is not limited to, garbage, trash, tires, refuse, and construction and demolition waste.

(8) “Yard waste” or “green waste” means the residue generated from lawns, shrubs, gardens, and other such vegetation. “Yard waste” may include grass clippings, shrub trimmings, brush, garden waste and tree waste. “Yard waste” does not include materials that have been cooked or altered for human consumption, such as meat, bones, pastas, etc.

(b) Exemptions. This section does not apply to any person who is disposing of yard waste through soil incorporation and any person who is converting yard waste into mulch.

(c) Location of Household Compost Piles. Household compost piles shall be permitted within the residential-single family, residential multi-family or upon any single or multi-family lot within any zoning district of the Village, shall be located in the back yard, and shall be screened or fenced so that it is not readily visible. Household compost piles shall be located a minimum of three feet from any lot line; and a minimum of thirty feet from any occupied abutting structure; a minimum of fifty feet from any private water supply system; a minimum of ten feet from any private sewage disposal system; and a minimum of fifty feet from any natural water course. A household compost pile shall not be constructed on a natural wetland.

(d) Materials That May Be Composted. “Household composting” may consist of ground, shredded or chopped yard waste, including, but not limited to, grass clippings, shrub trimmings, wood chips, leaves, herbaceous garden waste, brush, and other such materials. The composting of vegetable parings and trimmings, egg shells and coffee grounds may be composted. The composting of any forms of kitchen waste, such as prepared food waste, meat scraps, bones, or other similar materials shall be prohibited. Fresh animal manure shall not be used in a household compost pile. The use of any type of solid waste in a household compost pile shall be prohibited.

(e) Prohibition Against Creating a Public Health Nuisance. No person shall create or maintain a household compost pile in such a manner that it becomes a rodent or insect harborage, produces offensive and noxious odors or causes any form of surface or groundwater pollution.

(f) Construction of a Household Compost Pile. Household composting shall be permitted only within containers that have been designed and constructed specifically for that purpose. The container for household compost shall be sturdy and shall be constructed of a durable, nonporous cleanable material and shall be designed to minimize access by animals, rodents and insects. Any container for household composts shall minimally be constructed in the following dimensions: thirty-six inches by thirty-six inches by thirty-six inches and shall not exceed a maximum dimension of sixty inches by sixty inches by sixty inches. Household compost piles shall have adequate natural drainage, such that any natural liquids generated by the decomposing yard waste shall be absorbed into the soil.

(g) Maintenance of Household Compost Piles. Household compost piles shall be maintained in a safe and sanitary manner, shall be turned as frequently as necessary to dissipate heat and promote uniform decomposition of the yard waste. Household compost piles that are producing offensive odors shall be removed. The residue shall be properly disposed at a licensed solid waste disposal facility.

(h) Enforcement. The Building Department shall have the power to write citations to enforce this section along with the usual enforcement agents.

(i) Violation. A violation of this section shall be a minor misdemeanor.

(Ord. 93-31. Passed 1-24-94.)

1149.01 PURPOSE.

(a) In the interest of promoting the general health, safety and welfare of the residents of the Village of Golf Manor ("Village"), as more fully set forth in the following purposes, these regulations are herein established to provide for the use, location, size, height and design of signs, in order to ensure that all signs are appropriate to, and compatible with, the character of the associated uses and of the surrounding area.

(b) In establishing these purposes, the Village has determined that no sign shall be permitted, erected or maintained as a main or accessory use except in accordance with the provisions of this Zoning Ordinance, unless such sign is exempted from the provisions of this Chapter.

(c) In establishing these purposes, the Village has determined that, without adequate regulation and design standards, signs may become a nuisance. The number of signs in the Village is excessive and is unduly distracting to motorists and pedestrians, creates a traffic hazard, and in some places reduces the effectiveness of signs required to protect the public. As the appearance of the Village is marred by the excessive number, oversized and poorly-designed signs, both residential and business property values are adversely affected. Therefore, the number of such distracting signs ought to be reduced and signs permitted should comply with the standards of this chapter in order to reduce the aforementioned effects.

(d) In view of the foregoing, any sign that does not conform to the regulations of this Chapter 1149 ("Chapter"), or any subsequent amendment thereto, shall therefore be deemed a public nuisance, and as such, must be abated as provided herein. It is further declared that the regulations contained in this chapter are the minimum regulations necessary to abate the nuisance and to achieve the purposes of this chapter.

(e) More specifically, the purposes of these regulations are to:

(1) Enhance and protect the physical appearance of the community.

(2) Promote and maintain attractive, high value residential, business, retail, commercial and industrial districts, and preserve the scenic and natural beauty of designated areas.

(3) Provide necessary, yet reasonable and appropriate, signage for all residential, institutional and business uses in the community.

(4) Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment, and to avoid confusion or hazardous conflict between traffic control signs and devices, and any other permitted sign.

(5) Enhance traffic and pedestrian safety.

(6) Provide the public with a safe and effective means oflocating businesses, services and points of interest within the Village.

(7) Protect the rights of property owners and occupants to display messages protected by the First Amendment to the United States Constitution. Therefore, the purpose of these regulations include the intention to remove any doubt that it is the public's right to receive and display messages protected by the First Amendment, including but not limited to, religious, political, economic, social, and philosophical messages subject, however, to reasonable regulations to assure safety and minimize visual blight. It is the further purpose of these regulations to affirm that an expedient appeal process exists that addresses these First Amendment concerns.

(8) Provide review procedures that enable and ensure the comprehensive evaluation of a sign's appropriateness to the site, building and surroundings, adherence to these purposes, and consistent enforcement of this Chapter's regulations.

(9) Establish and enforce a reasonable procedure for the eventual removal of legally nonconforming signs.

(10) Prohibit all signs not expressly permitted by this Chapter.

(Ord. 2018-11. Passed 8-13-18.)

1149.02 DEFINITIONS.

A-FRAME SIGN: A portable sign containing two (2) sign faces and whose framing is hinged at the apex at an angle less than ninety (90) degrees. Also known as a "Sandwich Board."

ABANDONED SIGN:

(a) Any sign or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more (for a sign or its supporting sign structure which conforms to this chapter at the time of adoption);

(b) A sign which advertises or promotes a business, service, owner, product, or activity which no longer operates at that location;

(d) A sign that is Deteriorated (as defined in herein), or is not adequately maintained, repaired, or removed within the specified time as ordered by this Chapter.

ADVERTISING SIGN: Any off-premises sign which directs attention to any business, profession, product, activity, commodity, or service that is offered, sold, or manufactured on property or premises other than that upon which the sign is located. A billboard is a type of advertising sign.

ANIMATED SIGN: Any sign having a conspicuous and intermittent variation in the physical position of any part of the sign.

ATTENTION-ATTRACTING DEVICE: Any device, such as balloons, searchlights, twirling signs, inflatable objects, etc., intended to attract the attention of the public to an establishment, location, product or service.

AWNING: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass, designed and intended for protection from the weather or as a decorative embellishment, and which is supported by and projects from a wall or roof of a structure over a window, walk, door, or the like.

AWNING SIGN: A sign or graphic printed on or in some fashion attached directly to the awning material.

BANNER: Any temporary sign of light-weight fabric or similar material either enclosed or not enclosed in a rigid frame, and secured or mounted to a pole or a building at one (1) or more edges to allow motion caused by the atmosphere. Flags, as defined herein, shall not be considered banners.

CAMPUS SIGN: Signs permitted for multiple story buildings developed within a campus setting or environment.

CANOPY: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass, on a support which is supported in total or in part from the ground, providing shelter over, for example, a doorway, outside walk or parking area.

CANOPY SIGN. Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door, entrance, or window.

CHANGEABLE COPY SIGN: A portion of a sign designed to periodically accommodate message changes. Changeable copy signs include the following:

(a) Electronically controlled signs (see Electronic Message Center Sign).

(b) Manually controlled signs.

COMMERCIAL MESSAGE: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMMERCIAL SIGN: A sign that contains a commercial message.

CONTRACTOR SIGN: A sign advertising or identifying a contractor which is not a sign advertising a business or profession located on the property or premises where the advertised business is located, but which identifies the contractor performing work on such property or premises.

CORPORATE LIMIT SIGN: Signs established by the Village, located on municipal property, to designate its boundaries to persons traveling into the community. Corporate limit signs may include the signs of nonprofit organizations.

DETERIORATED SIGN: Showing signs of weathering, rust, corrosion, exposed wiring, chipped paint or faces, cracked, broken, tom, or missing faces, or loose materials, or other evidence of disrepair.

DIRECTORY SIGN: Signs to direct pedestrian traffic within retail, office, industrial and institutional developments that have at least five (5) businesses, tenants or structures.

ELECTRONIC MESSAGE CENTER SIGN: A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, not including animated graphics and/or video.

ENTRANCEWAY SIGN. A type of ground sign located at the entrance or entrances of residential, commercial or industrial subdivisions that incorporate high quality building materials and landscaping to create a uniquely identifiable landmark for the subdivision.

FLAG: Any fabric or similar light-weight material attached at one (1) end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices used to represent a government, political subdivision, and/or any organization, whether for-profit or not-for-profit, but not including a commercial message.

FLASHING SIGN: Any sign having a conspicuous and intermittent variation in the illumination of the sign.

FREE-STANDING SIGN: A non-movable sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

GOVERNMENT SIGN. Signs designed for control of, or to provide information to, traffic and other regulatory functions, and signs of public utilities and/or common carriers indicating danger and/or location of facilities and/or components, and aids for service or safety which are erected by the order of a public officer in the performance of his/her public duty ( see also Public Sign).

GROUND SIGN: A freestanding sign supported by one or more uprights, braces or pylons located in or upon the ground, or something requiring location on the ground.

HAND-HELD SIGN: A sign containing a commercial message that is held, carried, worn, balanced by or otherwise mounted on a person. A hand-held sign shall include a human or animal used as an advertising device for commercial establishments, typically by holding or wearing of insignia, masks, or costumes associated with the commercial establishment.

IDENTIFICATION SIGN: A sign located at or near the entrance to an industrial, business or residential development, which is necessary for the safety or convenience of motorists and which is therefore erected primarily in the public interest.

ILLUMINATED SIGN: Any sign illuminated by electricity, gas or other artificial light, including reflecting or phosphorescent light.

(a) Indirect illumination - A light source not seen directly.

(b) Internal illumination - A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

INTERIOR SIGN: Signs located within a structure not intended to be legible from the exterior. Signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended to be legible from the exterior, shall be considered exterior signs.

LIGHT DEVICE: Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.

MARQUEE: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner on a marquee.

NAMEPLATE: A permanent sign no larger than one square foot placed on the front of a residential structure, or mounted in the front lawn of a residential property. A nameplate will be included in the calculation of the maximum signage area allotted to a parcel.

NON-COMMERCIAL MESSAGE: A message intended to direct attention to a political candidate, election issue, political, social, religious, community or public service issue or idea, aim, viewpoint, aspiration or purpose and not intended to produce any commercial benefit or tend to encourage a commercial transaction.

NON-COMMERCIAL SIGN: A sign containing a non-commercial message. Any sign that may be displayed under the provisions of this Chapter may contain a non-commercial message.

OBSCENE SIGN: A sign which contains words or pictures in which the dominant theme, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is without redeeming social value.

OFF-PREMISE ADVERTISING SIGN: A sign which contains a commercial message unrelated to a business, profession, commodity, service, activity, sold or offered upon the premises where such sign is located.

ON-PREMISES SIGN: Any sign containing a commercial message related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.

PENNANT: Any sign oflight-weight plastic, fabric, or other similar material, whether or not containing a message of any kind, which is suspended from a rope, wire, or string, usually in a series, and which is designed to move in the wind. Flags of any government or political subdivision shall not be considered pennants.

POLE SIGN. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level.

PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported from place to place, including, but not limited to, signs transported by means of wheels; A-Frame signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operation of the business.

PUBLIC SIGN. Any sign required or specifically authorized for a public purpose by any law, statute, or ordinance which may be of any type, number, area, height above grade, location, illumination or animation, required by the law, statute, or ordinance under which the signs are erected (see also Government Sign).

PROJECTING SIGN: A type of wall sign affixed to any building or part thereof, or structure, extending beyond the building wall or parts thereof, or structure, by more than twelve (12) inches.

REAL ESTATE SIGN: A temporary sign posted on property that is actively marketed for sale or lease.

ROOF SIGN: A sign erected upon or above a roof or parapet wall of a building or structure.

SANDWICH BOARD: See "A-Frame Sign."

SEASONAL OR HOLIDAY DISPLAY. Any temporary display, such as Christmas decorations, used for a holiday and installed for a short, limited period of time.

SIGN: Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, which is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. For clarification, examples of items which typically do not satisfy the necessary elements of this definition include, but are not limited to: works of art; architectural elements incorporated into the style or function of a building; and, flags of any nation, state, political subdivision, other geopolitical entity not related to a commercial business, product or service, and/or any organization, whether for-profit or not-for-profit, but not including a commercial message. For purposes of this definition, a work of art is any item expressing creative skill or imagination in a visual form, such as a painting or sculpture, which is intended to beautify or provide an aesthetic influence to a public area or area which is visible from the public realm and which in no way identifies or specifically relates to a commercial business, product or service.

SIGN AREA: The entire area within a single continuous perimeter enclosing the extreme limits of writing or a representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in computation of surface area. The area of a sign having more than one display surface shall be computed as the total of the exposed exterior display surface area.

SIGN FACE: The surface or the sign upon, against or through which the message of the sign is exhibited.

SIGN HEIGHT: The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.

SIGN STRUCTURE: The supports, uprights, bracing or framework for signs.

SIGN WALKER: An individual carrying a portable sign intended to convey a commercial message to vehicular traffic.

SITE SIGN: A sign located on any parcel for which a building permit has been issued but on which construction related to such building permit is incomplete. ·

SNIPE SIGN: Any sign that is posted on trees, landscaping, utility poles or structures, streetlights, fences, fire hydrants, bridges, curbs, sidewalks, park benches parkways, streets, right-of-ways, or other locations on public property.

TEMPORARY SIGN: Any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, which is displayed for a limited time only. Residential yard signs and signs painted on window surfaces which are readily removed by washing shall also be considered temporary signs. Temporary signs are not, nor are intended to be, permanently attached to a building, structure or the ground.

WALL SIGN: Any sign painted on, attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than fifteen inches from the face of the wall.

WINDOW-PERMANENT SIGN: A sign containing a commercial message, legible from the exterior of a building or structure, which is painted, attached, glued or otherwise affixed to a window or depicted upon a card, paper or other material and placed on, taped on or hung immediately behind the window or displayed from a window for the specific purpose of directing attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.

WINDOW-TEMPORARY SIGN: A sign containing a commercial message, legible from the exterior of a building or structure, which is painted on a window; depicted upon a card, paper or other material; placed on, taped on or hung immediately behind the window; or displayed from a window for the specific purpose of attracting the attention of a passerby to a sale, promotional items or other products or services.

YARD SIGN: A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one (1) or more stakes.

(Ord. 2018-11. Passed 8-13-18.)

1149.03 APPLICATION OF CHAPTER.

(a) The provisions of this Chapter shall apply to and govern signs in all districts. No sign shall be erected or maintained unless it is in compliance with the regulations governing location and bulk of structures for the district in which it is located, unless such sign is otherwise specifically regulated by special use provisions relating to variances.

(b) Any sign already established on the effective date of this revised Chapter, which sign is rendered nonconforming by the provisions of this revised Chapter, and any sign which, as a result of subsequent amendments of this Chapter, shall be rendered nonconforming, shall be subject to the provisions of Section 1149.19.

(c) Wherever a commercial sign is allowed or permitted under this Chapter, an owner may place a non-commercial sign, subject to the time, place and manner provisions of this Chapter, without applying for a permit and/or paying a fee that otherwise would be required for the placement of a commercial sign on the lot; provided, that the sign structure or mounting device is legal without consideration of message content. This provision prevails over any provision to the contrary in this ordinance. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(d) All non-commercial speech is considered on-premise signage and is entitled to the privileges that on-premise signs receive under this section.

(e) Notwithstanding any other provision herein, signs that display a non-commercial message are entitled to the maximum square footage allowed any sign within the same zoning district, or if there are multiple non-commercial signs, the cumulative total of the square footage of all such signs may not exceed the maximum square footage allowed for any sign within the district.

(f) Notwithstanding any other provision herein, signs that display a non-commercial message are not subject to the temporal limitations otherwise set forth in this Chapter; however, such signs remain subject to all other provisions of this Chapter governing Temporary Signs.

(Ord. 2018-11. Passed 8-13-18.)

1149.04 EXEMPTIONS.

The provisions of this Chapter shall not apply to the following:

(a) Signs not-legible beyond the boundaries of the lot or parcel upon which they are situated, or from any public thoroughfare or right-of-way.

(b) Government Signs.

(d) Seasonal or holiday displays that contain no commercial message.

(e) Signs on a truck, bus, trailer or other vehicle while such vehicle is operated in the normal course of a business which is not primarily the display of such signs.

(f) Flags and pennants that contain no commercial message.

(g) Tablets, grave markers, headstones, statuary or remembrances of persons or events that contain no commercial message.

(h) Works of art not containing a commercial message.

(i) Cornerstones containing no advertising message incorporated into the building design as an architectural feature.

(j) Corporate Limit Signs.

(Ord. 2018-11. Passed 8-13-18.)

1149.05 PROHIBITED SIGNS.

The following signs and sign components are prohibited:

(a) Abandoned signs.

(b) All blinking, flashing, or intermittent lighting.

(d) Deteriorated signs.

(e) Signs attached or otherwise applied to trees, bus shelters, benches, trash receptacles, newspaper vending machines or other unapproved supporting structures, or otherwise placed in the public right-of-way, except as otherwise permitted herein.

(f) Roof signs.

(g) Signs with bare bulb illumination.

(h) Flame as a source of light.

(i) Portable signs.

(j) Portable signs carried by sign walkers.

(k) Snipe signs.

(1) Obscene signs.

(m) Any sign requiring a permit in accordance with this Chapter and not having said permit. (Ord. 2018-11. Passed 8-13-18.)

1149.06 SIGNS PARTIALLY EXEMPT FROM CHAPTER.

The following signs may be erected or constructed without a permit, but may be subject to additional regulations under this section. Where a sign is erected pursuant to a federal or state statute or a court order, the sign may exceed the size standards of this ordinance or otherwise deviate from the standards set forth in this ordinance to the extent that the statute or court order expressly requires the larger size or other deviation. In all other respects, such signs shall conform to the standards of this chapter:

(a) Signs installed by employees or officials of a state or federal agency in the comse of their governmental duties and bearing no commercial message;

(b) Signs required by an order of a court of competent jurisdiction;

(c) Signs installed by a 1ransit company with a franchise or other right to operate in the Village where such signs are installed along its routes and bear no commercial message.

(d) Yard signs bearing no commercial message.

(Ord. 2018-11. Passed 8-13-18.)

1149.07 SIGNS ALLOWED IN THE RIGHT-OF-WAY AND ON PUBLIC PROPERTY.

The following signs, and only the following signs, shall be allowed in the public right-of-way in the Village or in parks or on other public property controlled by the Village:

(a) Government signs;

(b) Public signs;

(c) Signs installed by employees or officials of a state or federal agency in the course of their governmental duties and bearing no commercial message;

(d) Signs required by an order of a court of competent jurisdiction; and

(e) Signs installed by a transit company with a franchise or other right to operate in the Village, where such signs are installed along its routes and bear no commercial message.

(f) Signs installed and maintained by the Village that may contain either commercial or noncommercial messages as part of a logo sign/directional sign program, through which space is made available to users on a nondiscriminatory basis in accordance with separately published criteria and with payment of a fee.

(g) Corporate limit signs.

(h) Additional signs in parks that relate to the use of one or more facilities (including temporary uses by particular entities or individuals), provided that such signs shall not be legible :from any public right-of-way outside the park.

(i) Signs for concessionaires and event sponsors inside stadiums, arenas or ball fields or other such facilities. Signs located inside an outdoor facility, if such facility is located 400 feet or more from the nearest right-of-way, shall be deemed not to be legible from such right-of-way even if they may be legible from some locations outside the facility.

(j) Street banners as permitted by the Village's Banner Policy.

(Ord. 2018-11. Passed 8-13-18.)

1149.08 TEMPORARY SIGNS.

(a) Temporary signs shall be permitted as specified in this section.

(b) Temporary signs bearing a commercial message shall be located on the premises to which they refer.

(d) Temporary signs are prohibited in any right-of-way.

(e) Temporary signs shall comply with Section 1149.14.

(f) Temporary signs shall be securely fastened or attached to a stationary structure or ground in such a manner as to prevent swinging or other significantly noticeable movement.

(g) Any temporary sign violating the requirements of this section is declared a public nuisance and the Code Official is authorized to remove the same or cause it to be removed.

(h) Temporary signs displaying a commercial message are permitted only as specified in the Temporary Sign Standards table.

(i) Temporary signs shall not be posted on any traffic control device, utility pole, railroad sign or signal.

(j) Contractor Signs, as a temporary sign, may be placed on the property or premises advertising or promoting a contractor performing work on the property or premises for the longer of seven (7) days from installation of the sign or the length of time the Contractor is actively working on the site. Contractor signs must adhere to all other regulations of the Chapter applicable to Temporary Signs. (Ord. 2018-11. Passed 8-13-18.)

1149.09 TRAFFIC HAZARDS.

(a) Except as may be required by law, no sign shall be erected within twenty-five (25) feet of the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device.

(b) Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrian or vehicular traffic.

(d) No rotation beam, beacon or flashing illumination resembling an emergency light shall be used in connection with any sign display, nor shall any illuminated device designed to attract the attention of users of the street be permitted unless it is an integral part of the sign as herein defined. (Ord. 2018-11. Passed 8-13-18.)

1149.10 DESIGN STANDARDS BY SPECIFIC TYPE OF SIGN.

Signs shall be designed so as to be similar in character, with regard to materials, color and size, to conforming signs designed or located on the same building and on adjoining buildings in order to equalize the attention they are meant to attract, and to produce an overall unified effect, all in accordance with the other requirements of this Chapter.

(a) Electronic Message Center. Electronic Message Center signs are permitted only within the Business and Industrial Districts. The following provisions apply to electronically controlled changeable copy signs, signs referred to as electronic message center signs in this Chapter.

(1) A default message shall be programmed to automatically freeze in one static position, or shall be turned off, once a malfunction occurs.

(2) Electronic message centers shall not exceed a maximum illumination of 5000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from a sign face at maximum brightness. The applicant shall provide a certificate of maximum illumination before a sign permit application is officially approved.

(3) The use of streaming video or full-motion video on any electronic message center sign is prohibited.

(4) The electronic display color, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic shall not change at intervals less than five seconds.

(5) Except for permitted transition from one static frame to another static frame, electronic message center signs shall not change color, blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance; contain visual effects such as fading dissolves; or use any frame entrance, exit or hold effects or background animation.

(6) Electronic message center signs located within 150 feet of any residential zoning district shall not exceed thirty-two (32) square feet in area, or thirty percent (30%) of the total sign area, whichever is less.

(b) Directory Signs.

(1) One directory sign may be located at each entrance provided that the directory sign is not legible from a road right-of-way.

(2) One additional directory sign may be located near each principal entrance to a parking lot or at principal intersection within a development for every ten additional businesses, tenants or structures.

(3) Directory sign letters shall not be more than four (4) inches in height.

(4) Such sign may not exceed twelve (12) square feet in area and six (6) feet in height.

(1) One entranceway sign is permitted located at each primary entrance leading into a residential, office or industrial subdivision and multi-family development.

(2) A landscaping area equal to the sign area shall be provided around the sign base. The landscape area shall include living plants aesthetically located and maintained.

(3) Any illumination of entranceway signs shall be from an external illumination source. Internally illuminated signs are not permitted.

(4) Entranceway signs shall match or surpass the construction materials and architectural style of the housing units or buildings located within the subdivision.

(5) Residential entranceway signs shall not exceed twelve (12) feet in height or 150 square feet in area.

(6) Non-residential entranceway signs shall not exceed fifteen (15) feet in height or 200 square feet in area.

(d) Free-standing Signs.

(1) Any establishment may display one free-standing sign of the area and height indicated within the respective district sign standards, provided that:

A. The establishment is accessible by automobile and has off street parking on the premises; and

B. The edge of the building or structure in which the establishment is located is set back at least fifteen (15) feet from the edge of the adjacent street or highway right-of-way. The height of a freestanding sign shall be measured from the grade at the edge of the right-of-way.

(2) A free-standing sign which is ten (10) square feet or more in area may be displayed only on a frontage of 100 feet or more, and may not be closer than forty (40) feet to any adjacent property.

(3) Free-standing signs for industrial establishments are subject to the following special area and height requirements, provided that the industrial establishment has a frontage of at least 200 feet and a setback of at least fifty (50) feet:

A. The area of the free-standing sign may be no larger than the signable area of the building;

B. The maximum height of the free-standing sign shall be five (5) feet when the sign is located within 500 feet of institutional or residential uses and ten (10) feet otherwise.

(4) One oversized free-standing sign may be displayed by any industrial, commercial or institutional establishment, provided that:

A. The establishment has a minimum frontage of 1,000 feet on the street or highway to which the sign is displayed; and

B. The oversized sign is located in a well landscaped area free of any building or structure for a minimum of 150 feet in all directions.

(5) Oversized free-standing signs are subject to the following restrictions:

A. The area of the sign shall not exceed 400 square feet.

B. The maximum height limit is twelve (12) feet in industrial or commercial areas.

C. Oversized signs must be at least 500 feet apart.

D. Oversized signs must be set back at least seventy-five (75) feet from the property line.

(6) Advertising signs are permitted only within Industrial Zone, subject to the following restrictions:

A. One sign per premises in industrial ownership.

B. Structure may be wall or free-standing.

C. The face of the sign shall be not greater than eighteen (18) feet in vertical dimension nor greater than fifty-five (55) feet in horizontal dimension and contain no more than one advertising sign.

(e) Identification Signs. Identification signs shall be permitted at the main entrance of a multi-tenant building, subject to the following additional regulations:

(1) No more than one identification sign shall be permitted

(2) Individual letters and/rows of text shall not exceed two (2) inches in height.

(3) The total directory sign area shall not exceed six (6) square feet.

(4) The sign material shall have a professional appearance and be made of cast metal or other approved durable material.

(5) No signs shall project higher than one story or fifteen (15) feet above curb level, whichever is lower.

(f) Nameplates. Nameplates shall subject to the following standards:

(1) Single-Family Residential. There shall be not more than one nameplate, not exceeding two (2) square foot in area, for each dwelling unit. On a comer lot, two such nameplates for each dwelling unit, one facing each street, shall be permitted.

(2) Multi-Family Residential. For multi-family buildings, a single identification sign, not exceeding twenty-four (24) square feet in area may be displayed. On a corner lot, two (2) such signs, one facing each street, shall be permitted.

(g) Signs Associated With Nonconforming Uses. In the case of legal, nonconforming land uses (such as a business located in a residentially zoned district), the total sign area of all signs associated with such land use shall be no greater than that which would be allowed if the nonconforming use was located in the most restrictive zoning district allowing such land use. Further, no new signs associated with nonconforming land uses may be erected, except replacements which are the same or smaller in size than the sign being replaced. In the event that a sign associated with a nonconforming land use is moved, its new location must conform to the setback requirements of the district in which it is located as if it were a building.

(h) Signs Over a Pedestrian Walkway. No sign projecting or hanging over a public or private pedestrian walkway may, at its lowest point, be less than ten (10) feet above the sidewalk or ground level.

(i) Wall Signs.

(1) Wall signs shall be limited in area to one (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.

(2) Such signs shall not extend above the top of the wall or extend beyond the ends of the wall or extend more than twelve (12) inches from the surface to which they are attached.

(3) Such signs shall not cover any window or part of a window.

(4) Such signs shall be limited in number as follows: One sign for each street frontage of the lot on which the primary permitted use is located, except that where a complex of buildings is so constructed and maintained that said complex of buildings is an attached shopping complex or an attached group of buildings, only one such sign shall be permitted for each individual separate business building. A separate business building shall be construed to mean space allotted to the operation of one firm, company or corporation having a separate rental or lease. A professional office building within such a complex, if permitted within the district under consideration, shall not be considered as containing separate businesses for this purpose, but shall have only one such sign regardless of how many firms, companies or corporations have separate ownership, rental or lease within said office building.

(j) Window Signs.

(1) Permanent window signs.

A. Subject to the requirements of this section, any industrial, commercial or institutional establishment may display permanent window signs. Permanent window signs are not permitted in a residential area.

B. If an establishment displays no wall sign, then no window shall contain more than thirty percent (30%) or thirty (30) square feet of permanent window signs, whichever is less.

C. If an establishment displays a wall sign, then no window shall contain more than twenty percent (20%) or twenty (20) square feet of permanent window signs, whichever is less.

(2) Temporary window signs.

A. Subject to the requirements of this section, any commercial or industrial establishment may display temporary window signs. Temporary window signs are not permitted in an institutional or residential area.

B. No window shall contain more than twenty percent (20%) or ten (10) square feet of temporary window signs, whichever is less.

(Ord. 2018-11. Passed 8-13-18.)

1149.11 SCHEDULE OF MAXIMUM SIGN AREA - RESIDENTIAL.

Sign Type (a)	Single-Family and Multi-Family Districts
	Area	Height
(A) Nameplate	2 sq. ft.	NA
(B) Residential Development Identification Sign	25 sq. ft. (b), (c)	5 ft.
(C) Institution Identification Signs	25 sq. ft. (d)	5 ft.
(D) Directional Signs	4 sq. ft.	4 ft.
(E) Incidental Signs	1 sq. ft.	NA
(F) Temporary Signs
(1) Project Construction/Land Sales Signs	50 sq. ft.	10 ft.
(2) Garage Sale Signs	4 sq. ft. (c)	4 ft.
(3) Real Estate or Political Signs	8 sq. ft. (c), (f)	4 ft.
Notes to Section 1149.11: sq. ft.= square feet NA = Not applicable ft.= feet (a) No sign type listed in this section shall be permitted to be internally illuminated in any Residential District. (b) In compliance with Section 1149.13. (c) Maximum of 2 faces per sign. Maximum sign area permitted per face. (d) Only one sign permitted, may be either a ground mounted or wall sign, in compliance with Section 1149.10.

(Ord. 2018-11. Passed 8-13-18.)

1149.12 SCHEDULE OF MAXIMUM SIGN AREABUSINESS/INDUSTRIAL.

Sign Type	Business and Industrial Districts
(A) Name Plate	2 sq. ft.
(B) Building Marker	6 sq. ft.
(C) Residential Development Identification Signs	25 sq. ft. (a), (b)
(D) Institution Identification	(c)
(E) Business Identification Signs (d)
(1) Attached to Buildings	(d)
(2) Ground Mounted or Yard Arm Signs	30 or 36 sq. ft. (b), (e)
(3) Permanent Window Signs	NP
(F) Plaques	3 ft. ft.
(G) Under-Canopy Signs	2 sq. ft. (b)
(H) Directional Signs	4 sq. ft.
(I) Incidental Signs	2 sq. ft. (h)
(J) Menu Boards	20 sq. ft.
(K) Temporary Signs	8 sq. ft.
(1) Project Construction/Land Sales Signs	50 sq. ft.
(2) Special Event Signs;	25 or 50 sq. ft. (f)
Notes to Section 1149.12: NP = Not permitted sq. ft. = square feet (a) One per street entrance. (b) Maximum of 2 faces per sign. Maximum sign area permitted per face. (c) Shall be permitted the allowable sign area for business identification signs for the district in which the use is located. See also Section 1149.13. (d) In compliance with the maximum area requirements set forth in Section 1149.12. (e) Maximum of 30 square feet per side if internally illuminated and 36 square feet per side if externally illuminated or not illuminated (f) Not more than 25 square feet per sign face with a maximum of 2 sides permitted for yard signs, or not more than 50 square feet per sign face with a maximum of 1 side permitted for banners.

(Ord. 2018-11. Passed 8-13-18.)

1149.13 REGULATIONS FOR PERMANENT GROUND MOUNTED SIGNS.

Ground mounted signs shall be permitted in compliance with the following regulations and additional criteria in Section 1149.10:

(a) Ground Mounted Residential Development Identification Signs. A ground mounted residential development identification sign shall be permitted for a residential development in compliance with the following requirements:

(1) Maximum Number of Ground Mounted Signs. A maximum of two (2) signs shall be permitted per development, one per street entrance, part of a decorative wood, brick, stone, or masonry wall or of some similar design compatible with the character of the neighborhood.

(2) Minimum Setback from Street. Such signs shall be located no closer than ten (10) feet from any street right-of-way line except as otherwise permitted in division (a)(3) below, and shall be placed so as not to obstruct sight lines for vehicles or pedestrians.

(3) Signs Located in the Right-of-Way. A ground mounted sign may be placed in the right-of-way provided such sign shall be located on the center island of a boulevard entrance, placed no closer than twenty-five (25) feet to the intersecting street's right-of-way.

(4) Minimum Setback from Side Lot Lines. Such signs shall be located no closer than twenty-five (25) feet to a side lot line.

(5) Illumination. Such signs may be externally illuminated only.

(b) Ground Mounted Institution Identification Signs in Residential Districts. Ground mounted institution identification signs in residential districts shall comply with the setback requirements for residential development identification signs, as outlined in division (a) above.

(c) Ground Mounted Business Identification Signs. In addition to the requirements set forth in Section 1149.08, a ground mounted sign or yard arm sign in the Business and Industrial Districts shall comply with the following:

(1) Maximum Number of Signs. Not more than one (1) ground mounted sign shall be permitted per project or development, except for facilities on corner lots or double frontage lots pursuant to Section 1149.10.

(2) Minimum Sign Setback from Street. Ground mounted or yard arm signs shall be located no closer to a street curb or edge of pavement than six (6) feet or fifty percent (50%) of the building setback, whichever is less, but shall not be placed within the public right-of-way.

(3) Minimum Sign Setback from Side Lot Lines. Ground mounted signs and yard arm signs shall be located no closer than ten (10) feet from any side property line, except that when a side lot coincides with a residential zoning district boundary line, the minimum setback shall be twenty-five (25) feet.

(4) Maximum Height of Ground Mounted Signs. All permitted ground mounted signs or yard arm signs shall not exceed a height of five (5) feet, except for directional signs which shall not exceed a height of four (4) feet.

(5) Multi-Tenant Facilities. When a ground mounted sign or yard arm sign is erected on a site that has more than one tenant, it is the property owner's responsibility to determine the sign area devoted to identification of the development, building, anchor tenant, all tenants, or some combination thereof.

(6) Additional Area for Corner Lots or Double Frontage Lots. One additional ground mounted or yard arm sign shall be permitted for a corner lot or double frontage lot provided that:

A. The total frontage of both streets is not less than 300 feet and there are at least two (2) curb cuts providing access to the lot;

B. The area of each ground mounted or yard arm sign complies with Section 1149.12 and the total area of both signs shall not exceed one hundred fifty percent (150%) of the maximum area permitted for a single sign;

C. The second ground mounted or yard arm sign is clearly located to provide identification along the secondary street; and

D. The two signs may be aggregated into a single sign at the corner provided that the area of any sign face shall not exceed the area specified in Section 1149.12.

(7) Landscaping. Ground mounted or yard arm signs shall be erected in a landscaped setting and shall not be permitted on sidewalks, drives or in parking lots.

(8) Ground Mounted Institution Identification Signs. Ground mounted institution identification signs located in business/industrial districts shall comply with the applicable supplemental regulations for ground mounted business identification signs, as outlined in subsections (c)(1) through (c)(7) above. (Ord. 2018-11. Passed 8-13-18.)

1149.14 GENERAL DEVELOPMENT STANDARDS.

(a) Location of Signs.

(1) All signs shall be erected in conformity with the respective zoning district requirements unless otherwise specified. No sign shall be erected so as to prevent free ingress to or egress from any door or window or any other exitway.

(2) No sign shall be attached to a standpipe, gutter drain or fire escape, nor shall any sign be erected so to impair access to a roof.

(b) Construction and Maintenance.

(1) The construction, installation, erection, anchorage and maintenance of all signs shall be subject to the regulations of the Uniform Building Code or any other standard applicable to the Village. All electrical wiring associated with free-standing signs shall be installed underground.

(2) Abandoned signs shall be completely removed from the premises within sixty (60) days after such abandonment is established, unless said sign is converted to another lawful and contemporary use within that sixty-day period. The supporting structure for abandoned signs shall be completely removed within a period of one (1) year after abandonment is established, unless a new and lawful sign is established thereon.

(3) No person shall fail to maintain a sign on such person's premises, including signs exempted by this Chapter from the permitting requirements, in good structural condition at all times. All signs, including all metal parts and supports thereof that are not galvanized or of rustresistant metals, shall be kept neatly painted. The enforcement officer is authorized to inspect and may order the painting, repair, alteration, or removal of a sign that constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, dilapidation, abandonment, or obsolescence, under the procedures prescribed by Section 1149.18 of this Chapter.

(4) Notwithstanding any other provision of this Chapter, any temporary sign that is constructed of lightweight wood and cardboard, or of wire frame and plastic, is deemed to have a lifespan of sixty (60) days, after which time, such temporary sign is deemed to be Dilapidated and shall be replaced or become subject to removal pursuant to Section 1149.18.

(1) Flat against a building or wall.

(2) Back to back in pairs, so that the backs of signs will be screened from public view.

(3) In clusters in an arrangement which will screen the backs of the signs from public view.

(4) Otherwise so that the backs of all signs or sign structures showing to public view shall be painted and maintained a neutral color or a color that blends with the surrounding environment.

(d) Limitation on Number of Signs. In those districts within which a reduction in total sign area is applied as the number of signs increases, the following exemption is offered: If more than four establishments occupy a single zoning lot, the twenty percent (20%) reduction in total sign area shall not apply if all signs are grouped in a single location or are part of a common sign for the entire zoning lot. In such instances, each establishment shall be permitted an additional wall-mounted sign not more than four inches from the face of the wall or structure of the building.

(Ord. 2018-11. Passed 8-13-18.)

1149.15 SIGN PERMIT APPLICATION AND FEES.

(a) No sign regulated by this chapter may be erected, painted, installed or otherwise established in the Village without a permit first having been obtained therefor.

(b) No permit shall be required for yard signs bearing no commercial message.

(c) Any sign requiring a structural steel foundation and/or electricity shall obtain foundation and/or electric permits, as well as a sign permit.

(d) Except as otherwise provided in this Chapter, a temporary sign permit is required before the placement or erection of any temporary sign that is not allowed without a permit. Such a permit shall be issued administratively for a period not to exceed sixty (60) total days in a calendar year, and not more than thirty (30) consecutive days.

(e) Any language in this Chapter that includes other permit requirements and limitations on the duration of certain permits shall be considered supplemental to the requirements of this section and shall not be interpreted as waivers of application, fee or other requirements set forth in this section. In case of apparent conflict between any such language and the language of this section, the more specific language shall control.

(f) No provision of this Section controls over Section 1149.03.

(Ord. 2018-11. Passed 8-13-18.)

1149.16 SUBMITTAL REQUIREMENTS FOR SIGN PERMITS.

When applying for a sign permit, the following materials shall be submitted:

(a) A completed application for each requested sign.

(b) Scaled elevation drawing(s) of proposed sign(s).

(c) Foundation and anchoring drawing( s) of proposed sign( s) that have been reviewed and approved by the Hamilton County Building Department.

(d) A site plan showing the location of proposed sign(s) and adjacent buildings, other structures, and the lot including dimensions thereof. 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, and;

(e) Where required by law, evidence that a permit and permit plate has been obtained from the Ohio Department of Transportation pursuant to Chapter 5516 of the Ohio Revised Code. (Ord. 2018-11. Passed 8-13-18.)

1149.17 ENFORCEMENT.

Enforcement of this Chapter shall be the responsibility of the Code Official and such other appropriate personnel as may be designated by the Village.

(Ord. 2018-11. Passed 8-13-18.)

1149.18 REMOVAL OF UNLAWFUL SIGNS.

(a) An obscene sign shall be immediately removed.

(b) Any sign which violates the provisions of this chapter is hereby declared to be a public and private nuisance and shall be removed.

(c) Any temporary sign in a dilapidated state as set forth in Section 1149.14 is hereby declared to be a public and private nuisance and shall be replaced or removed.

(d) Whenever the Code Official suspects the existence of a public nuisance, as defined in division (b) of this section, he or she shall promptly cause to be inspected the premises on which

he or she suspects such public nuisance to exist.

(e) Should the Code Official find that a public nuisance does exist, he or she shall cause a written notice to be served on the owner of the land on which such unlawful sign is located stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the sign, the Village, at the expense of said owner or owners, will abate the same. Such abatement shall start within fifteen (15) days after service of said notice and shall be complete within forty-five (45) days.

(f) The notice referred to in subsection (e) hereof shall be served either personally or by leaving a copy thereof at the usual place of residence of the owner, or by mailing a copy to such owner at his or her usual place of residence if such place of residence is outside Hamilton County, Ohio, by United States certified mail with return receipt requested. If service of the written notice is not perfected by any of the hereinbefore described methods, then the Code Official shall cause such notice to be published in a newspaper of general circulation in the Village, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists. If there is no person in possession thereof, the Code Official shall cause a copy of the notice to be posted on the premises. The Code Official shall cause a return of service in the form of an affidavit that shall set forth the name and address of the person served, the manner of service and the date thereof.

(g) The said owner or owners may, within ten (10) days after completion of service of the notice, make a demand in writing to the Code Official for a hearing on the question of whether in fact a public nuisance, as defined in subsection (b) hereof, does exist. The hearing shall be held within fourteen (14) days following receipt of said written demand, and at least two (2) days' notice in writing of the said hearing shall be given to the said owner or owners. The said hearing shall be conducted by the Planning Commission. All members of the said hearing board shall concur that a public nuisance, as defined in subsection (b) hereof, exists, before enforcement of the abatement is carried out. A copy of the decision of said hearing board shall be promptly served upon the owner or owners in the manner provided in subsection (f) hereof.

(h) Should said nuisance not be abated at the expiration time stated in the notice issued by the Code Official or such additional time as the hearing board may grant, the Code Official shall be authorized at any time thereafter to enter upon said premises, and the owner shall permit him or her entry to abate the nuisance by removal of the sign or by taking any other action that may be required. In abating such nuisance, the Code Official may call upon any department of the Village for whatever assistance may be necessary, or may, by private contract, obtain the abatement thereof, and the cost of such private contract shall be paid for from Village funds specifically authorized by Council in order to abate such public nuisances. In abating such nuisance, the Code Official may take whatever action is necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:

(1) The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within sixty (60) days after receipt of the bill.

(2) If costs are not so recovered, then the Village shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with Ohio R.C. 715.261.

(i) This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the Village, but. shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State or any ordinance heretofore enacted by Council. Notice to the owner or lessee shall not be required prior to the removal of an unlawful sign which, in the opinion of the Code Official, creates an immediate or potential danger to persons or property due to structural deficiencies or inadequate maintenance, nor shall notice be required prior to removal of a sign which, in the opinion of the Village's Engineer, creates an immediate or potential danger to persons or property because of its location.

(Ord. 2018-11. Passed 8-13-18.)

1149.19 NON-CONFORMITIES.

(a) Non-conforming Signs.

(1) Any signs erected prior to the enactment of this Chapter and not conforming to the provisions of this Chapter shall be deemed to be nonconforming. This shall not prohibit the posting or maintaining in a safe condition any sign which is nonconforming.

(2) Any nonconforming sign which is relocated or replaced shall comply with all provisions of this Chapter.

(3) Any nonconforming sign which has not been used for a continuous period of six (6) months for any reason shall not be rebuilt, re-erected, relocated, or reused unless or until it is made to comply with the standards of this Chapter.

(4) Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than fifty percent (50%) of the sign's pre-catastrophe fair market value, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices. A non-conforming sign shall not be structurally altered to prolong the life of the sign.

(b) Signs Advertising a Non-conforming Use.

(1) In the case of legal, nonconforming land uses ( such as a business located in a residentially zoned district), the total sign area of all signs associated with such land use shall be no greater than that which would be allowed if the business were located in the most restrictive zoning district allowing such land use.

(2) No new signs associated with nonconforming land uses may be erected, except replacements which are the same or smaller in size than the sign being replaced. In the event that a sign associated with a nonconforming land use is moved, its new location shall conform to the setback requirements of the district in which it is located as if it were a building.

(Ord. 2018-11. Passed 8-13-18.)

1149.20 SEVERABILITY.

(a) If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, except as limited by subsection (b) hereof.

(b) Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a) hereof or elsewhere in this Chapter or this Planning and Zoning Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter is declared unconstitutional, such declaration shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise additional standards.

(c) Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a) hereof, or elsewhere in this Chapter or in this Planning and Zoning Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter is, or any other laws are, declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 1149.05. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter or of any part of the Planning and Zoning Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, except as expressly provided in subsection (b) hereof.

(d) If any part section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter and/or other provisions of this Chapter or other provisions of this Planning and Zoning Code are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the limitations on Advertising Signs as contained herein.

(Ord. 2018-11. Passed 8-13-18.)

1151.01 FENCES.

(a) Front Lot Restrictions: No fence may be erected in either the Residence A District, Residence B District, Business A District, Industrial I-A District or Industrial I-Al District:

(1) Nearer the front building line of any house, multifamily residential structure, principle building, or structure on the property, or

(2) A line running parallel to the front building line of any house, residential structure, principle building, or structure located on the property immediately adjacent to any side of the property on which the fence is to be constructed.

(b) Fence Heights:

(1) No fence, which is above four (4) feet in height above the plane of finished grade of any lot in the Residence "A" District, shall be erected or constructed in the Residence "A" District. Provided, however, fences in the rear yard of a Residence "A" District shall be approved up to a height of six (6) feet from grade along the side lot line for a rear yard and the rear lot line for a rear yard. Provided further that the portion of the fence in a rear yard along the side lot line which extends forward beyond the rear building line of an adjacent residential property may not exceed four (4) feet in height, nor may any portion of a rear yard fence extend above four (4) feet in height for any portion of the fence which faces and is visible to the front street. Provided, however, the four (4) foot height restriction noted above may be extended to a total height of six (6) feet so long as a minimum of twenty-five percent (25%) of the vertical height of the fence at the top of the fence is appropriately constructed with open decorative fence tops such as shadowbox designs. Examples of such decorative toppers is attached hereto.

(2) When a residential structure is located on a comer lot in either the Residence A District or the Residence B Multi-Family District, no fence may be constructed nearer the front building line as defined herein, nor in the side lot in a line running parallel to the side building line on the secondary street on which the comer lot is located. In considering any request for a variance to this standard among the factors to be weighed by the Planning Commission are the opacity of the fence, decorative features of the fence, and any landscaping between the fence and any sidewalk or curb along the secondary street.

(3) No fence shall be erected or constructed in the Residence B Multi-Family District, Business A District, Industrial District I-A 1, nor District 1-A which is greater than six (6) feet in height above the plane of the finished grade of any lot.

(4) Fences enclosing a recreational area up to a maximum height of twelve (12) feet from grade are permitted in the Business A District, Industrial 1-A District, and Industrial I-A 1 District. Recreational areas shall include, but are not limited to, tennis courts, basketball courts, swimming pools, and any such other area designated solely for the recreational use of the property owner or its invitees.

(c) Fence Construction. Fences may be constructed of wood, composite wood, or vinyl. Anodized aluminum may be used for a fence not exceeding four (4) feet in height. Chain link may be used for a fence not exceeding four (4) feet in height. Barbwire fences and electric fences are prohibited. Fences may be painted a single, solid color. The finished side of any fence shall face away from the property on which it is constructed so the finished side faces toward any abutting property or the street in the event construction occurs on the corner lot property. Open split rail fences are permitted, but not exceeding four (4) feet in height, and open split rail fences may be backed by appropriate wire mesh.

(Ord. 2018-18. Passed 11-13-18; Ord. 2022-4. Passed 7-11-22.)

CODIFIED ORDINANCES OF GOLF MANOR

Golf Manor City Zoning Code

TITLE ONE

Zoning Ordinance

1121.01 PURPOSE.

(Ord. 92-20. Passed 11-23-92.)

1121.02 TITLE.

(Ord. 92-20. Passed 11-23-92.)

1121.03 VALIDITY.

(Ord. 92-20. Passed 11-23-92.)

1121.04 INTERPRETATION.

(Ord. 92-20. Passed 11-23-92.)

1121.05 REPEAL OF CONFLICTING ORDINANCES.

All ordinances in conflict with this Zoning Ordinance are hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect.

(Ord. 92-20. Passed 11-23-92.)

1121.06 EFFECTIVE DATE.

This Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law.

(Ord. 92-20. Passed 11-23-92.)

1123.01 INTERPRETATIONS OF TERMS OR WORDS.

(Ord. 92-20. Passed 11-23-92.)

1123.02 ACCESSORY USE OR STRUCTURE.

(Ord. 92-20. Passed 11-23-92.)

1123.03 ADJACENT PROPERTY.

“Adjacent property” means a lot or parcel which is entirely or partially within 200 feet of any property line of another lot or parcel of land, whether or not the properties are contiguous.

(Ord. 92-20. Passed 11-23-92.)

1123.04 ADJOIN.

“Adjoin” means to physically touch or border upon; or to share a common property line.

(Ord. 92-20. Passed 11-23-92.)

1123.05 ALLEY.

“Alley” means a public or private way not more than twenty-six feet wide affording only secondary means to abutting property.

(Ord. 92-20. Passed 11-23-92.)

1123.06 AUTOMOBILE REPAIR: ONE OF THREE KINDS.

“Automobile repair: one of three kinds”:

(a) “Minor repair” means installation of minor parts, replacement of parts, reconditioning of engines and motor services to passenger cars and trucks not exceeding one and one-half tons capacity.

(b) “Major repair” means general servicing of passenger cars and trucks (excluding items listed under "minor repair"), incidental body, frame, fender or painting work and rebuilding of engines.

(Ord. 92-20. Passed 11-23-92.)

1123.07 AUTOMOBILE SERVICE STATION.

(Ord. 92-20. Passed 11-23-92.)

1123.08 BLOCK.

“Block” means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any barrier to the continuity to development.

(Ord. 92-20. Passed 11-23-92.)

1123.09 BOARD.

“Board” means the Board of Zoning Appeals of the Village of Golf Manor, Ohio.

(Ord. 92-20. Passed 11-23-92.)

1123.10 BUILDING.

1123.11 BUILDING HEIGHT.

(Ord. 92-20. Passed 11-23-92.)

1123.12 CONDITIONAL USE.

1123.13 DAY CARE.

1123.14 DENSITY.

“Density” means the measure of residential land use intensity which is expressed as the maximum number of dwelling units permitted per acre.

(Ord. 92-20. Passed 11-23-92.)

1123.15 DETACHED.

“Detached” means not connected to any other structure in any manner by walls, roofs, or other structural supports; free standing.

(Ord. 92-20. Passed 11-23-92.)

1123.16 DEVELOPMENT.

“Development” means the improvement of the land for uses authorized under this Zoning Ordinance. (Ord. 92-20. Passed 11-23-92.)

1123.161 DRIVEWAY, ACCESS.

An access drive is a paved strip, which provides vehicular connection between off-street parking spaces and a public street for a commercial or industrial use.

(Ord. 2022-4. Passed 7-11-22.)

1123.162 DRIVEWAY, PRIVATE RESIDENCE.

1123.163 DUMPSTER.

(Ord. 2022-9. Passed 11-28-22.)

1123.17 DWELLING.

(Ord. 92-20. Passed 11-23-92.)

1123.18 EDUCATIONAL INSTITUTION.

(Ord. 92-20. Passed 11-23-92.)

1123.19 ESSENTIAL SERVICES.

(Ord. 92-20. Passed 11-23-92.)

1123.20 FAMILY.

(Ord. 92-20. Passed 11-23-92.)

1123.21 FENCE.

“Fence” means a barrier constructed of nonliving materials in order to enclose, screen, or secure areas of land.

(Ord. 92-20. Passed 11-23-92.)

1123.22 GARAGE.

(Ord. 92-20. Passed 11-23-92.)

1123.23 GARAGE, PRIVATE RESIDENTIAL.

1123.24 GLARE.

“Glare” means the brightness of a light source which causes eye discomfort.

(Ord. 92-20. Passed 11-23-92.)

1123.25 HOME OCCUPATION.

1123.26 HOUSE TRAILER/MOBILE HOME.

(Ord. 92-20. Passed 11-23-92.)

1123.27 IMPERVIOUS SURFACE.

“Impervious surface” means any material which reduces or prevents absorption of storm water into the land.

(Ord. 92-20. Passed 11-23-92.)

1123.28 IMPERVIOUS SURFACE RATIO.

“Impervious surface ratio” means the maximum proportion of a site that may be occupied by surfaces that do not absorb water.

(Ord. 92-20. Passed 11-23-92.)

1123.29 INDUSTRY.

“Industry” means the storage, repair, manufacture, preparation or treatment of any article, substance, or commodity.

(Ord. 92-20. Passed 11-23-92.)

1123.29.5 INDUSTRIAL, LIGHT.

(Ord. 2002-3. Passed 4-22-02.)

1123.30 INSTITUTION.

“Institution” means a building and/or land designated to aid individuals in need of mental, therapeutic, rehabilitative counseling, education, religion, or other correctional services.

(Ord. 92-20. Passed 11-23-92.)

1123.31 LOT.

(b) "Lot, interior" means a lot other than a corner lot.

(c) "Lot, depth" means the mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

(d) "Lot lines" means the property lines bounding the lot.

(e) "Lot line, front" means the line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.

(f) "Lot line, rear" means the lot line opposite and most distant from the front lot line.

(h) "Lot line, street or alley" means a lot line separating the lot from a street or alley.

(j) "Lot width" means the mean horizontal width of the lot measured at right angles to its depth.

(k) "Lot area" means the computed area contained within the lot lines.

(l) "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. 92-20. Passed 11-23-92.)

1123.32 NOISE.

“Noise” means any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying.

(Ord. 92-20. Passed 11-23-92.)

1123.33 NONCONFORMING USE.

(Ord. 92-20. Passed 11-23-92.)

1123.34 OPEN SPACE.

(Ord. 92-20. Passed 11-23-92.)

1123.35 OVERLAY DISTRICT.

(Ord. 92-20. Passed 11-23-92.)

1123.36 PAN HANDLE LOT.

“Pan handle lot” means any lot having an extension of its main lot to provide for front footage on a dedicated street.

(Ord. 92-20. Passed 11-23-92.)

1123.37 PARKING, OFF-STREET.

(Ord. 92-20. Passed 11-23-92.)

1123.38 PARKING SPACE.

(Ord. 92-20. Passed 11-23-92.)

1123.381 PORTABLE TOILET.

(Ord. 2022-9. Passed 11-28-22.)

1123.39 PRINCIPAL PERMITTED USE.

“Principal permitted use” means the primary or predominate use of any land or improvement on it. (Ord. 92-20. Passed 11-23-92.)

1123.391 PUBLIC SIDEWALK.

(Ord. 2022-4. Passed 7-11-22.)

1123.40 RIGHT-OF-WAY.

1123.41 SETBACK.

“Setback” means the distance between a property line and the foundation line of a building, or any projection thereof.

(Ord. 92-20. Passed 11-23-92.)

1123.42 SIGN.

(Ord. 92-20. Passed 11-23-92.)

1123.43 SITE.

“Site” means any lot or parcel of land or combination of contiguous lots or parcels of land.

(Ord. 92-20. Passed 11-23-92.)

1123.44 STORY.

(Ord. 92-20. Passed 11-23-92.)

1123.45 STREET.

“Street” means any public or private way set aside as a permanent right-of-way for vehicular traffic.

(Ord. 92-20. Passed 11-23-92.)

1123.46 STREET LINE.

“Street line” means the dividing line between a lot, tract or parcel of land and a contiguous street. (sometimes referred to as the right-of-way line)

(Ord. 92-20. Passed 11-23-92.)

1123.47 STRUCTURE.

(Ord. 2022-4. Passed 7-11-22.)

1123.48 TEMPORARY USE.

“Temporary use” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

(Ord. 92-20. Passed 11-23-92.)

1123.481 TEMPORARY STORAGE CONTAINER.

1123.49 USE.

“Use” means the purpose or activity for which land or building are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

(Ord. 92-20. Passed 11-23-92.)

1123.50 VARIANCE.

(Ord. 92-20. Passed 11-23-92.)

1123.50.5 WHOLESALING.

“Wholesaling” means engaging in the sale of goods, merchandise, and commodities for resale by the purchaser. (Ord. 2002-3. Passed 4-22-02.)

1123.51 YARD.

“Yard” means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as expressly permitted in this Zoning Ordinance.

(Ord. 92-20. Passed 11-23-92.)

1125.01 DISTRICT CLASSIFICATIONS CREATED.

The Village is hereby divided into six use districts as follows:

District	Abbreviation
Residential Single-Family	R-A
Residential Multi-Family	R-B
Business	B-A
Industrial	I-A
Industrial Restricted	I-A1
Business Overlay	B-A (O)