Green City Zoning Code
DEVELOPMENT STANDARDS
§ 157.130 GENERAL SUBDIVISION DESIGN AND REGULATIONS.
(1) Purpose. The purpose of this section is to support the well-planned development of the city though the establishment of general subdivision design standards applicable to all subdivisions.
(2) Applicability. Unless otherwise noted, the standards of this section shall apply to all subdivisions in the city.
(3) General layout and design provisions.
(A) Name of the subdivision. The name of the subdivision shall not duplicate the name of an existing subdivision in the city.
(B) Compliance with other provisions of this Code. All subdivisions shall comply with all other applicable regulations of this Code, including, but not limited to:
1.) The requirements of the zoning district in which the property is located;
2.) The requirements relative to specific uses and dimensional standards; and
3.) Generally applicable development standards.
(C) Homeowner’s association. Where there are common areas proposed as part of a subdivision that are to be deeded to a homeowner’s association, a homeowner’s association shall be required and all documents related to the association shall be on file prior to final plat approval and subsequently recorded.
(D) Natural features. Subdivisions should be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to reduce the amount of grading and to minimize destruction of trees and topsoil.
(E) Flood hazards. If any portion of the land within the subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the subdivision. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy, nor for such other uses that may increase danger to health, life or property, or aggravate the flood hazard as delineated on the FEMA floodplain maps or detailed engineering studies.
(4) Construction specifications. All construction of streets, sidewalks and infrastructure shall conform to the latest edition of the Ohio Department of Transportation Construction and Material Specifications and any amendments thereto. The City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), may also require adjustments in design to conform to special conditions inherent within a particular subdivision including, but not limited to, swamps, quicksand, springs and landslides.
(5) Infrastructure requirements.
(A) All subdivision of lands into parcels less than 32,670 square feet and/or less than 100 feet in width at the building line shall have a centralized sanitary sewer.
(B) All subdivision of lands into parcels, all of which are 32,670 square feet or more and/or 100 feet or more in width at the building line, may be required to have centralized sanitary sewer and/or water facilities if they are reasonably available as determined by the PZC.
(C) All sanitary sewage systems that will be dedicated to and operated by the county, as approved by the County Council and the County Executive through the agency having jurisdiction over sanitary sewer, shall conform to the design standards, specifications and procedures of the agency having jurisdiction over sanitary sewer as adopted by County Council and as approved by the County Executive pursuant to § 3.04 of the Summit County Charter.
(D) All public roadways shall meet the typical specifications on record with the Planning Department and Engineering Department. Any deviation from the typical specifications requires approval by the PZC.
(6) Sidewalks. Sidewalks shall be provided for all roadway sections, unless waived by the PZC. All sidewalks shall be five feet in width and shown on the subdivision improvement plans. Sidewalks shall meet the typical specification on record with the City’s Planning Department and Engineering Department. In cases where a proposed sidewalk will connect with an existing sidewalk of narrower dimensions, the new sidewalk shall transition to the existing sidewalk via taper.
(7) Street lighting district. Street lighting fixtures shall be installed by the developer on all streets within major subdivisions where sidewalks are required, the number and location of which shall be determined by engineering studies performed by the authority having jurisdiction over electric power, and shall conform to the specifications established by such authority and the City Engineer. The developer shall submit, at the time of the PZC approval, a petition to create a street lighting district so that legislation creating said district will be approved simultaneously with the plat and performance bond.
(8) Street trees. Street trees shall be required along all streets where sidewalks are required. The developer shall provide, on the subdivision improvement plans, the locations of new trees to be planted in the street right-of-way in conjunction with the requirements of sidewalk installations and in accordance with the proposed street lighting district layout. Tree variety shall be from a list of approved trees available from the Planning Department or as approved by a consultant to the city.
(9) Easements.
(A) General.
1.) Adequate easements along rear or side lot lines, or elsewhere as requested by the city, shall be provided for utilities and drainage where necessary. A 12-foot easement on each front lot line for utilities shall be required.
2.) All plats shall include the following wording: The undersigned owners of the land platted by this document, do hereby grant unto the Ohio Edison Company (OE) or authorized electrical power provider, Dominion East Ohio (DEO) or authorized natural gas provider, the locally franchised cable provider, the telecommunications provider, their successor and assigns, a 12-foot wide easement (as it abuts the dedicated streets herein), at the front of each lot, being parallel with and contiguous to the public right-of-way within this allotment. This easement to be used to install, operate, maintain and serve distribution lines, conduits, cables, wiring or other appurtenances for the supply of electric, gas, communication and video signals for public or private use. The city reserves the temporary work rights within the easement for itself and providers of storm water, sanitary sewer and public water supply, as authorized and approved by the city. Utilization of this easement shall be in compliance with the following exhibit.
3.) This easement allows for the providers of said utilities or services the right to remove trees and landscaping without liability as required to maintain, operate or construct these facilities, and the right of access, as needed for exercising the purposes of this easement.
(B) Utility lines. All utility lines shall be located underground.
(10) Soil studies. The City Engineer reserves the right to require a soil study where, in their opinion, the existing soil conditions are below average and may also require adjustments in design to compensate for the existing conditions.
(11) Erosion and sedimentation control.
(A) When the developer intends to remove or disturb the natural topsoil, trees and other vegetation, or where the developer intends to change the surface contour of a proposed subdivision, he or she shall prepare an erosion control plan (ECP) and have such plan approved by the County Soil and Water Conservation District and the city. The ECP shall be included in the improvement drawings. Additionally, a land disturbance permit shall be required.
(B) In general, erosion and sedimentation control work shall consist of, but not be limited to, grading, soil preparation, fertilizing, seeding and mulching as necessary to establish a sufficient growth of grass or other ground cover that minimizes damage to subdivision areas and to adjoining properties. The City Engineer and the County Soil and Water Conservation District will have the work inspected to the extent that they determine is necessary to ensure that the developer has complied with the approved plans.
(12) Oversize and/or off-site improvements.
(A) Oversize and/or off-site extensions of utilities, pavements and other improvements shall be designed and constructed to facilitate the orderly development of nearby land that is an integral part of the neighborhood service or drainage area.
(B) Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary, the developer shall install improvements required to serve his or her subdivision, plus the additional oversize and/or off-site improvements required.
(13) Approval. All necessary improvement plans for proposed roads, storm sewers and drainage facilities shall be approved by the City Engineer, and all improvement plans for sanitary sewer and water supply systems shall be approved by the agencies having jurisdiction over sanitary sewer or water, if necessary, prior to approval of the final plat by the City Engineer.
(14) Construction and inspection of improvements.
(A) Cooperation of developer and/or contractor. The developer and/or contractor shall have available on the project site at all times one approved copy of all required plans and specifications. He or she shall cooperate with the City Engineer’s inspector and/or the inspectors for agencies having jurisdiction over sanitary sewer or water (where applicable), and with other contractors in every way possible. The developer and/or contractor shall, at all times, have a competent representative acting as his or her agent on the project. The representative shall be capable of reading and thoroughly understanding the plans and specifications and promptly supplying such materials, tools, plat equipment and labor as may be required. A representative shall be furnished regardless of the amount of work sublet.
(B) Inspections.
1.) The City Engineer shall be responsible for the inspection of all street, structure and drainage improvements. The developer, his or her engineer, or his or her contractor shall give notice to the City Engineer at least 24 hours in advance of any construction of physical public improvements. The agencies having jurisdiction over sanitary sewer or water shall be responsible for inspection of all sanitary (sewage) and water supply system improvements. The following operations will be inspected by the City Engineer’s office:
a.) Preliminary grading;
b.) Backfilling of all trenches and excavations in the right-of-way;
c.) Preparation of the subgrade;
d.) Setting of forms;
e.) Paving (rigid and flexible);
f.) Inlet construction;
g.) Curing of rigid pavement;
h.) Removal of forms and berm compaction;
i.) Sealing of joints;
j.) Storm sewer construction;
k.) Any construction of utilities within the street right-of-way; and
l.) Any construction of structures within the right-of-way.
2.) Any of the above listed construction operations that are performed without advance notice to the City Engineer’s office may result in coring of the pavement, subgrade boring and nonacceptance of the improvement if it does not meet the specifications of the City Engineer. Costs to provide sufficient proof that any work performed is acceptable shall be the responsibility of the contractor.
(C) Inspection fees. The fees shall cover the actual wage, salary or contract cost of the inspection service, plus overhead, as determined by the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), to cover such items as employee benefits, engineering service and transportation. The developer shall be held responsible for all inspection fees, which will be payable monthly. The performance bond posted by the developer guarantees the payment of all inspection fees and no bonds will be released until all current inspection fees have been paid in full.
(D) Roadway construction. All work shall be done in conformance with the approved improvement plans and the Ohio Department of Transportation Construction and Material Specifications, as supplied by the City Engineer’s notes. This information shall be available upon request from the City Engineer’s office.
(E) Construction staking. The setting and marking of all line, profile and grade stakes necessary for the layout of the work in accordance with the construction plans will be performed under the supervision of a registered professional surveyor. Should any misunderstanding arise as to the intent or meaning of the construction plans, or any discrepancy appear in the same, or in the proper methods of setting and marking of the construction stakes, the decision of the City Engineer in such cases shall be final. Pavement and pipe grade stakes shall be set at 25-foot intervals on horizontal and vertical curves and for all grades less than 1%. Tangent pavement grades and pipe grades over 1% may be set at a maximum interval of 50 feet. The City Engineer’s inspector may ask for additional grade stakes if it is deemed necessary. A laser control method as approved by the City Engineer may be substituted for the above.
(F) Testing. All material supplied shall be plant inspected as directed by the City Engineer. Compaction tests shall be made in fill areas in the right-of-way and on the subgrade prior to paving, as directed by the City Engineer. Pavement tests shall be conducted on site as directed by the City Engineer. The City Engineer reserves the right to order pavement cores made if conditions warrant. The testing mentioned above shall be done by a private testing laboratory acceptable to the City Engineer and shall be done at no cost to the city.
(G) Field changes. Approval of final plans shall not prevent the City Engineer or his or her agent from ordering needed changes he or she deems necessary in the field as work progresses. This extra work shall be at the developer’s expense. If it becomes necessary to modify the improvements as approved due to unforeseen circumstances, the developer shall inform the City Engineer, in writing, of the conditions requiring modification. Written authorization from the City Engineer to make the required modification must be received by the developer and/or the developer’s engineer before proceeding with the construction of the improvement.
(H) Street name signs, stop signs and other required regulatory signage. The developer shall be responsible for the cost of the signs and installation of street name signs, stop signs and other required regulatory signs as agreed upon and authorized at the preconstruction meeting with the city prior to the start of construction. The materials, construction, methods and location shall be approved so as to meet city standards and regulations. Installation shall be complete at such time as the hard surface is open to construction vehicles servicing individual sites within the subdivision. No zoning permits shall be issued for structures within the subdivision prior to the installation of street name signs.
(15) Final acceptance of improvements in major subdivisions.
(A) Monuments. Monuments shall be set where shown on the approved subdivision plat. Before final acceptance of the improvement, the developer shall have his or her registered professional surveyor certify to the City Engineer, in writing, that all required monuments and iron pins are in place and that any monuments or pins that were removed during construction have been replaced.
(B) As built drawings. At the completion of the construction and before acceptance, the developer’s engineer shall update for the City Engineer and the agencies having jurisdiction over sanitary sewer or water (where applicable), the set of linen or Mylar tracings for permanent record, showing the locations, sizes and elevations of all improvements as constructed. An electronic media version shall also be submitted in a program compatible with the city’s computer systems.
(C) Final inspection. Upon completion of all improvements, including roads, grading, culverts, seeding, mulching, monumentation, street name signs and other items, the developer shall notify the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), by letter, that all of the improvements have been completed. The Planning Department will then schedule an inspection of the completed improvements with the City Engineer and Service Director. The developer, his or her engineer and a city representative may accompany the City Engineer or his or her representative on the inspection. Any discrepancies shall be recorded and the developer and the contractor will be furnished a copy of this report, and shall be expected to proceed as soon as possible with any corrections. Another final inspection will be made for acceptance.
(D) Recommendation for acceptance. If the construction is found to be satisfactory and all inspection monies are paid, the City Engineer, Service Director, Planning Director and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), will make a recommendation to the Mayor for final acceptance of the improvements and release of the performance bond and acceptance of the maintenance bond.
(16) Maintenance bond period.
(A) Maintenance of improvements.
1.) The developer shall be responsible for the maintenance of the improvements during the construction period and for a minimum period of two years after release of the performance bond and acceptance of the maintenance bond. The developer is responsible to request that the city inspect the improvements. Upon inspection by the city, the developer shall be notified of the need for any corrections to be made to the improvements. Should the developer fail to perform such necessary improvements within the time specified, the city may perform said improvements, at which time the developer will forfeit a portion of the cash maintenance bond to pay for said improvements.
2.) The maintenance of sanitary sewer and water supply systems shall be the responsibility of the agencies having jurisdiction over sanitary sewer or water or the owner of said service line, upon acceptance by either the city or the respective representative of the owner, subject to call on any bonds if repair work is necessary within a one-year period after acceptance.
(B) Repair of damage. Any damage done to the improvements by construction traffic, local traffic or any other means shall be repaired, or the damaged materials replaced, before the next phase of construction is begun.
(C) Snow and ice removal. Prior to the release of the performance bond, the developer shall perform all work necessary to keep the road passable for automobile traffic to service all families living in the subdivision. The roads shall be open for emergency equipment at all times for all occupied dwellings. Should the developer fail to provide a passable roadway, the city may request all costs and expenses incurred in maintaining said roadway from the bonding company. Upon the release of the performance bond, the city shall accept responsibility for the snow and ice removal on accepted roads, even though they may be covered by a maintenance bond.
(D) Mud removal. The developer and his or her contractor shall be responsible for the removal of mud or other debris that may become located on the pavement surface. Should the developer fail to perform the said removal, he or she shall be liable for all costs and expenses incurred in the removal of mud or debris.
(Prior Code, § 1229.01) (Ord. 2009-21, passed 10-27-2009; Ord. 2018-13, passed 8-28-2018)
§ 157.131 TRANSPORTATION AND ACCESS.
(1) Purpose. The purpose of this section is to support the creation of a highly connected transportation system within the city in order to:
(A) Provide choices for drivers, bicyclists and pedestrians;
(B) Increase the effectiveness of municipal service delivery;
(C) Promote walking and bicycling as an alternative mode of transportation;
(D) Connect neighborhoods to each other and to local destinations;
(E) Reduce vehicle miles of travel and travel time;
(F) Reduce emergency response time; and
(G) Mitigate traffic impacts of new development.
(2) Applicability. The standards of this section shall apply to all development in the city.
(3) Traffic impact study required. To promote efficient access management, the Planning Director may request a traffic impact study be conducted by the developer for any project he or she feels warrants the study at the time of submission of the preliminary plan, general plan or site plan. The Planning Director may base his or her decision on one or more of the following:
(A) The proposed development generates 100 or more added new peak hour trips to and/or from the site during the adjacent roadway’s peak hours or during the development’s peak hour, and the proposed development generates more than 1,000 trips daily;
(B) The development is within 500 feet of a high-accident (five or more per year) intersection or section of roadway;
(C) One or more of the proposed access drives to the development is within 500 feet of a public roadway intersection or within 250 feet of a drive that is a high traffic volume generator as determined by the City Engineer;
(D) The traffic generated by the proposed development will increase the ADT by 25% or more on roadways in adjacent neighborhoods, as determined by the City Engineer;
(E) Traffic volumes of 10,000 ADT or higher exist on roadways adjacent to the proposed development; or
(F) The City Engineer determines that other conditions exist in the vicinity of the proposed development that may be negatively impacted by the development.
(4) General provisions.
(A) General circulation.
1.) Site limitations and site layout. Uses, buildings, parking areas, drives and other site features shall be designed to be suitable for the site location and conditions, and shall not create on-site or off-site traffic impacts which exceed those normally expected to be caused by uses in the district.
2.) Public street access. Curb cuts and drives providing access between a site and a public or private street shall be designed to:
a.) Minimize unnecessary impacts on the street, including, but not limited to, poor visibility, steep grades, slowing or obstruction of traffic, causing unusual, confusing or sudden traffic movements, or unnecessary points of conflict with vehicles on the street and with vehicles in nearby access drives;
b.) Minimize negative impacts on pedestrians by providing good visibility between pedestrians and vehicles, and by providing safe pedestrian walking and standing areas;
c.) Create points of access appropriate for the configuration of the property and the proposed use, but in no greater number than necessary to provide reasonable access to the site;
d.) Provide sufficient distance between the street and potential points of vehicular or pedestrian conflict within the site (including, but not limited to, cars backing into travel lanes, driveway or parking aisle intersections, pedestrian crossings, or loading areas) to prevent obstruction of drives and traffic backups in the street;
e.) Provide a landscaped median where a curb cut is designed to accommodate more than three lanes of traffic; provided that priority shall be given to proper alignment and sight lines coordinated with other drives in the area. The width of any such median shall not be calculated into the total width of the driveway; and
f.) Reconstruct or eliminate existing nonconforming access, such as oversized curb cuts or parking lots which cause obstruction of street traffic, to comply with the provisions of this Code.
3.) Cross access with abutting sites. Where physically feasible and appropriate for reducing points of conflict in the street, property owners requesting approval for more than one access drive on a public street frontage shall, as directed by the PZC or the Planning Department, make a written request for joint access drives to the owners of the abutting properties having frontage on the same street. The applicant shall provide to the city a copy of the request and any response. Such provision shall not apply to single-family and two-family dwellings.
(B) Guardrails. A guardrail shall be installed as required by the City Engineer. The guardrail shall be in accordance with state standards. The subdivider shall submit details to the City Engineer for approval.
(C) Drives and driveway culverts. For drives and driveways along a city highway, where a road opening permit is required from the Department of Public Service, a bond may be required and the City Engineer’s specifications must be complied with.
(D) Bridges. Bridges, being, by definition, a structure of greater than a ten-foot span, shall be designed in accordance with the latest design regulations as practiced in the Bureau of Bridges and approved by the City Engineer. A copy of all bridge plans shall also be forwarded to the County Engineer for review and comment. Reference shall also be made to current standard bridge drawings. Design flood elevations shall be indicated on plan profile sheets and on structure site plans.
(5) Street design standards.
(A) Arrangement.
1.) The arrangement, character, extent, width and location of all streets shall conform to the Long Range Land Use Plan. Proposed streets and public access to adjacent unplatted lands shall be designed so that the entire area can be served with a coordinated public street system.
2.) The width of any right-of-way should be provided so that all underground utilities can be located outside of pavement areas.
3.) All underground utilities should be placed within a utility easement in accordance with § 157.130(9).
(B) Dedication. Unless otherwise approved as a private street, all street rights-of-way shall be dedicated to the public in fee simple.
(C) Private streets.
1.) Private streets shall comply with the design standards and bonding requirements of this chapter. All references in this section to the public right-of-way shall apply to private street lots.
2.) The private street access shall provide perpetual access for authorized emergency vehicles, public and private utility maintenance and service personnel, solid waste collection services, the U.S. Postal Services, and government employees in pursuit of their official duties.
3.) Gates on private streets shall only be permitted with approval from the PZC and the Fire Division.
4.) The city may, but is not obligated to, accept private streets for public access and maintenance. The procedure for requesting the city to accept private streets shall be as follows:
a.) A petition shall be submitted to City Council, signed by all property owners with access to the subject private street;
b.) All of the streets and roadways shall be in a condition that is acceptable to the city at the time the petition is submitted;
c.) All access control structures, signage and other structures not consistent with a public street shall be removed;
d.) If any maintenance or repair of the private streets is required in order for acceptance, the city may use any outstanding balance of funds established through a homeowner’s association or the city may assess each individual property owner on a fair and equitable basis as determined by the City Engineer; and
e.) Each lot owner shall execute an instrument of dedication for filing of record, the form of which shall be approved by the Law Director.
(D) Classification.
1.) Major arterial thoroughfares shall be planned for continuation of movement of traffic between points of heavy traffic generation and from one section of the community to another. Said thoroughfare shall contain as few intersections with minor streets as possible.
2.) Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic will be discouraged. The street system shall be so designed that all proposed streets shall be in general conformity to a plan for the most advantageous development of the entire neighborhood. The streets shall be extended to the boundaries of the tract to be recorded, unless prevented by topography or other physical conditions, or unless, in the opinion of the PZC, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the development of adjacent tracts.
3.) Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.
(E) Street design. Streets shall be designed in accordance with the city’s typical street standards as available in the City Engineer’s office.
(F) Half streets. Half streets shall be prohibited, except where there is an existing half street adjacent to the subdivision, in which case the remaining half of the street shall be platted.
(G) Cul-de-sac and dead-end streets.
1.) Dead-end streets or cul-de-sacs will be approved only when necessitated by topography or other physical conditions or where they are appropriate for the type of development contemplated.
2.) A street designed to be a permanent cul-de-sac, which contains central water service and fire hydrants for its full length, may serve up to 25 lots; otherwise a permanent cul-de-sac shall not be longer than 1,000 feet. Permanent cul-de-sacs shall be provided at the closed end with a paved turn-around having an outside pavement radius of at least 37.5 feet and a street right-of-way line radius of at least 50 feet or such greater dimension agreed upon by the developer and the City Engineer.
3.) If a cul-de-sac is of a temporary nature and a future extension into adjacent land is anticipated, then said turning circle beyond the normal street width shall be in the nature of an easement. Such easements shall be automatically vacated to abutting property owners when said dead-end street is legally extended into adjacent land. If such dead-end street extends only the depth of the corner lot past a street intersection, no turn-around will be required. Subdividers shall be required to provide a two-foot reservation strip in the name of the city at the end of all dead-end streets. This strip will become public highway only upon extension of the dedicated street. The developer extending the street will be responsible for removing the temporary portions of the cul-de-sac, regrading, seeding and the like.
(H) Corner radii. Property lines at street intersections shall be rounded with a radius of not less than 25 feet or as required by the City Engineer.
(I) Vertical alignment. Simple parabolic vertical curves shall be used to effect a gradual change between tangent grades where the algebraic difference of grades in percent is greater than 0.50.
(J) Horizontal alignment. Angles in the alignment of street centerlines shall be connected by a curve with a radius of not less than 300 feet for local streets, 800 feet for collector and industrial streets, and 1,200 feet for major arterial thoroughfares. Between reverse curves, there shall be a tangent distance of 100 feet.
(K) Intersections.
1.) No more than four road legs will be permitted at any intersection, unless otherwise approved by the City Engineer.
2.) Road intersection shall be at 90 degrees where practical, but in no case less than 70 degrees.
3.) Each intersecting road shall have a tangent distance of at least 150 feet for local roads or a curve with a minimum 1,400 feet radius.
4.) Those roads intersecting each other from opposite sides shall be directly opposite where possible. Street jogs with centerline off-sets shall be prohibited, unless specifically approved by the PZC and the City Engineer.
5.) The minimum radius of right-of-way lines at intersection corners shall be 25 feet.
6.) The intersection of subdivision roads shall have a minimum horizontal sight distance of 400 feet.
7.) Back slopes shall be cut back to aid the sight distance as required by the City Engineer.
8.) There shall be a minimum separation of 300 feet between intersections.
(L) Boulevards and roadway islands. Boulevards and roadway islands shall be permitted only when approved by the City Engineer and City Council.
(M) Curbs and gutters. Concrete curbs and gutters shall conform to typical drawings as approved by the City Engineer. In addition, a ramp with a nonslip surface shall be built into the curb at each pedestrian crosswalk so that the sidewalk and street blend to a common level. Such ramps shall be constructed in accordance with state standards insofar as feasible.
(6) Sidewalks and pedestrian facilities. All site elements shall be located and designed in a manner which promotes safe and efficient movement of pedestrians to, from and within the site. Pedestrian facilities and site elements which affect pedestrian movement shall comply with the following guidelines.
(A) Where physically possible and appropriate to the nature of the abutting uses, on-site sidewalks shall be aligned to connect with similar sidewalks on abutting sites.
(B) City Council may require the construction and dedication of walkways and connecting sidewalks where it finds that such walkways are necessary for pedestrian circulation between a proposed subdivision and commercial uses, schools, parks and other public facilities. A minimum easement width dedication shall be 20 feet and said sidewalk or walkway shall be a minimum of five feet in width.
(C) Pedestrian facilities and parking lots and other areas which will be utilized by pedestrians, shall be designed to facilitate pedestrian use, with special attention given to use by persons with mobility limitations and by persons transporting children or packages between vehicles and buildings. Where main pedestrian routes are designed with steps or steep grades, alternative routes shall be provided to comply with handicapped accessibility standards.
(D) Signs, pavement markings and/or special surface materials shall be installed in any location on a site where necessary to promote pedestrian safety at crossings of vehicular drives. Pedestrian crossings of major drives shall be located and marked in a manner to encourage safe crossing.
(E) Bike storage racks and other bike-friendly facilities shall be required where a site abuts or is in proximity to a bike route.
(Prior Code, § 1229.02) (Ord. 2009-21, passed 10-27-2009)
§ 157.132 DRAINAGE STANDARDS.
(1) Applicability. The standards of this section shall apply to all development in the city.
(2) Drainage design.
(A) No development will be approved unless there is an outlet for all storm water. Provisions shall be made to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after development. It may be necessary to direct surface water to a drainage ditch, stream or existing storm system which has the capacity to carry the flow. No natural drainage course shall be altered and no fill, buildings or structures shall be placed in, on or over it, unless provision is made for the flow of water in a manner satisfactory to the City Engineer. An easement shall be provided on both sides of an existing surface drainage course for the purpose of maintaining, protecting, widening, deepening, enclosing or otherwise improving such stream for drainage purposes.
(B) If the same is across private property, a right-of-way or easement must be obtained by the subdivider or developer in the name of the city, as reviewed and approved by the Planning Department and the City Engineer. These rights-of-way or easements should be shown on the plat, site plan or construction plans, as applicable. A copy of the recorded easement shall be furnished to the Planning Department.
(C) Storm sewer laterals will be provided as directed by the City Engineer for each (house) lot on a street having a curb and gutter.
(D) The design criteria for the drainage system shall be based on the Ohio Department of Transportation design policy and the criteria established by the City Engineer’s office. This criteria shall apply to development along existing roads, as well as those requiring new roads to be constructed. This criteria shall be available upon request from the City Engineer’s office.
1.) Road drainage system. The road storm drainage system shall serve as the local drainage system. It shall be designed to carry roadway, adjacent land and residential or commercial development storm water drainage, as applicable. To prevent excessive pipe sizes, storm sewers shall drain into natural waterways as soon as possible.
2.) Off-road drainage system. The design of the off-road drainage system shall include the watershed affecting the development and shall be extended to a watercourse or ditch adequate to receive the storm drainage.
(E) Storm water management requirements.
1.) The design and construction of storm water management facilities shall require the review and approval of the City Engineer in accordance with the technical criteria described in the County Storm Water Management Program Guidelines as referred to by the city.
2.) Allowable types of storm water management facilities include, but are not limited to:
a.) Retention ponds;
b.) Detention basins;
c.) Underground storage tanks;
d.) Rooftop storage areas;
e.) Parking lot storage areas;
f.) Infiltration/recharge ditches; and
g.) Swales/screening areas.
3.) All project sites or development areas required to implement storm water management practices and facilities shall, at a minimum, limit the peak rate of discharge from the project site or development area to the downstream receiving watercourse as follows:
a.) Storm water management measures shall be required to maintain the post development peak discharge at a level equal to or less than the predevelopment peak discharge rate for a 24-hour duration, two-year frequency storm event;
b.) Storm water management facilities shall be designed to control the volume, timing and rate of flows; and
c.) Velocity reduction devices must be placed at all outlet points, where necessary, to provide a nonerosive flow velocity to the receiving watercourse. The City Engineer may waive these requirements if the characteristics of the receiving watercourse, project site or development area are such that this type of control would be contrary to accepted engineering practice or detrimental to the environment.
(F) Wetlands. Wetlands will be identified on the improvement drawings. If they are going to be changed in any manner, the developer must contact the U.S. Army Corps of Engineers. The County Soil and Water Conservation District has a copy of the wetland resource maps for the county and the city. The County Soil and Water Conservation District will point out such wetlands in its review of the preliminary plan. If a U.S. Army Corps of Engineers permit is required, the permit number shall be shown on the final plat.
(3) Drainage system design and protection.
(A) Flood hazard. If any portion of the land within a subdivision is subject to flooding (floodplains from the federal floodplain map), sewer overflow, elevations or other hazards, due consideration shall be given to such problems in the design of the subdivision, and the floodplain must be shown on the improvement plans and plat.
(B) Dams or basins (embankments). Copies of detailed drawings of proposed dams or basins and all calculations shall be submitted to the City Engineer for approval. The developer or his or her engineer shall apply for a permit from the Ohio Department of Natural Resources, Division of Water, if applicable, and any other applicable agencies.
(C) Protection of drainage systems.
1.) The subdivider shall adequately protect all ditches (roadways and watercourses) to the satisfaction of the City Engineer as shown by calculations made in accordance with the policy of the Ohio Department of Transportation and the subdivision drainage criteria of the City Engineer.
2.) In all cases, any drainage facilities within a subdivision shall be in a stable condition, free from either erosion or sedimentation, and/or other debris. Any damage resulting from erosion, scour, silting of drainageways or blockage of storm drainage systems on and off the development, caused by the construction, shall be corrected at the developer’s expense.
(D) Drainage outlets. Where the City Engineer finds it necessary to clean, alter or reconstruct a natural drainage course or storm sewer system outside the development boundary to provide a storm water outlet, or to prevent damage to other properties due to an increased or accelerated flow, the outlet shall be provided and constructed at the expense of the developer and in accordance with plans and specifications approved by the City Engineer.
(E) Drainage drawings. The developer’s engineer shall make a complete study of the drainage area contributing to the development and submit copies of all data and calculation sheets to the City Engineer for review and approval.
(4) Drainage easements. Where a subdivision is traversed by a drainageway, a storm sewer or drainage easement conforming substantially to the lines of such drainageway shall be provided. The easement shall be a minimum of 20 feet, or as the City Engineer and the PZC may require.
(Prior Code, § 1229.03) (Ord. 2009-21, passed 10-27-2009)
§ 157.133 LOT LAYOUT AND GENERAL SITE REGULATIONS.
(1) Blocks.
(A) Residential block lengths. The long dimension of a residential block shall not exceed 1,500 feet.
(B) Commercial or industrial blocks. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such uses with adequate space set aside for off-street parking and loading facilities.
(C) Pedestrian walkways (crosswalks).
1.) Pedestrian walkways not less than ten feet wide, or of such greater width as is deemed necessary by the Planning Department, shall be required across streets where the Planning Department or the City Engineer determines that pedestrian access to schools, playgrounds, shopping centers, transportation and other community facilities is necessary.
2.) Paving, fencing and other improvements may be required by the PZC.
(2) Lots.
(A) Conformity to dimensional standards. The lot size, width and depth, and the minimum building setback lines, shall, as a minimum, conform to this Code.
(B) Access to public streets. The subdivision of land, whether as a major or minor subdivision, shall provide each lot with 85 feet of continuous frontage on a dedicated street. This standard may be reduced to 50 feet by the PZC for lots fronting on a permanent cul-de-sac or other curved street frontages (e.g., knuckles).
(C) Double frontage lots.
1.) Lots shall be laid out so that there are no double frontages, except:
a.) Where extreme conditions in elevation prevent access to the lot from one of the streets; or
b.) Where it is necessary to separate residential lots from major arterial thoroughfares.
2.) Where double frontage lots are created adjacent to major arterial thoroughfares, a reserve strip along the major arterial thoroughfares shall be deeded to the City Council, as approved by the Mayor, by resolution or ordinance pursuant to the City Charter. The plat shall state that there shall be no right of access across such reserve strip. The Planning Department may require that a decorative six-foot high solid board fence or masonry fence be constructed or that a ten-foot wide planting screen be provided.
(D) Construction on two or more lots. When a building is proposed to be constructed on two or more adjacent recorded lots or tracts of land, such lots shall be combined and the new legal description or replat document depicting one lot shall be recorded.
(E) Access to public thoroughfares. No building shall be erected on a lot which does not abut on at least one public thoroughfare, or at least one private road built in accordance with public thoroughfare standards and specifications, except upon presentation to Council of evidence of the existence of a cash bond sufficient to ensure construction of said thoroughfare or private road.
(F) Visual obstructions. On a corner lot, no visual obstruction of living or nonliving material in excess of two feet in height is permitted within a 30-foot radius from the intersection of the road rights-of-way.
(3) Lot lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow municipal, township and county boundary lines rather than cross them.
(4) Lot depth. No lot depth shall exceed four and one-half times the lot width or be less than one and one-half times the lot width at the minimum building setback line, unless otherwise exempted. The lot width shall be measured at the minimum building setback line.
(5) Public facilities and open space.
(A) Public facilities. The design of subdivisions should provide for parks, playgrounds or other sites for public use as required by the PZC. There shall be a time period of not more than six months during which the developer and public agency can agree upon compensation to the developer and the quantity of property needed for a public facility. If an agreement is not reached within this six-month period, the property will be returned to its original design. If there is an adopted land use and thoroughfare or comprehensive plan for the area, such public facilities shall conform to such plan.
(B) Natural features. The developer is encouraged to give consideration to preserving outstanding natural features, such as scenic spots, water bodies or exceptionally fine groves of trees.
(6) Easements. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be of such widths as may be reasonably necessary for the utilities using the easement. It shall be the subdivider or developer’s responsibility to determine appropriate easement widths as required by the utility company.
(Prior Code, § 1229.04) (Ord. 2009-21, passed 10-27-2009)
§ 157.134 PARKING, LOADING AND STACKING REGULATIONS.
(1) Purpose. The purpose of this section is to prevent and alleviate the congestion of public streets, to minimize the detrimental effects of vehicular use areas on adjacent properties, and to promote the safety and welfare of the public by establishing minimum requirements for parking and loading areas.
(2) Applicability. Off-street parking, loading and stacking facilities shall be provided in conformity with this section as a condition precedent to occupancy of a residential, business, industrial or recreational use, and at any time a building, structure or use of land is enlarged, expanded or increased in capacity or use.
(3) Rules for computations. The following rules shall apply when computing parking, loading or stacking spaces.
(A) On-street parking. On-street parking spaces shall not be counted toward off-street parking space requirements.
(B) Multiple uses. Unless otherwise noted or approved as part of a shared parking agreement, off-street parking areas serving more than one use shall provide parking in an amount equal to the combined total of the requirements for each use.
(C) Fractions. When a measurement of the number of required spaces results in a fractional number, any fraction of one-half or less shall be rounded down to the next lower whole number and any fraction of more than one-half shall be rounded up to the next higher whole number.
(D) Area measurements.
1.) Unless otherwise specifically noted, all square footage-based standards shall be computed based on gross floor area of all floors in a nonresidential building.
2.) Up to 20% of the total gross floor area may be excluded from the calculation if the floor area is used for storage, packaging of merchandise or maintenance.
(E) Occupancy or capacity based standards.
1.) For the purpose of computing requirements based on employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on a single shift, the maximum enrollment, or the maximum fire-rated capacity, whichever is applicable, and whichever results in a greater number of spaces.
2.) In hospitals, bassinets shall not be counted as beds.
3.) In the case of benches, pews and similar seating accommodations, each 18 inches thereof shall be counted as one seat for the purpose of determining applicable requirements.
(F) Unlisted uses.
1.) Upon receiving an application for a use not specifically listed in the schedules below, the Planning Department shall apply the standard specified for the listed use that is deemed most similar to the proposed use in regards to use, size and intensity of use.
2.) If the Planning Department determines that there is no listed use similar to the proposed use, intensity or size, they may refer to the estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE).
(4) Parking space requirements.
(B) A minimum of five spaces is required for any use other than a single-family dwelling or two-family dwelling, unless approved as a conditional use pursuant to § 157.052.
(C)
Whenever the parking requirements of Table 157.134-1 can be shown by the applicant to result in an excessive number of parking spaces and that a lesser number of spaces is appropriate and consistent with this Code, the PZC may approve a reduction in required spaces.
Use | Required Parking Spaces |
Commercial and Office Uses | |
Amphitheaters, auditoriums, stadiums, theaters and other places of assembly | 1 space per 3 fixed seats or 1 space per 2 persons of maximum occupancy, whichever is greater |
Banquet halls | 1 space per 2 persons or 1 per 1,000 square feet, whichever is greater |
Bars and taverns | 15 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is greater |
Bed and breakfast establishment | 2 spaces for the owner or operator, plus 1 space for each bedroom rented to the public |
Day care centers | 1 space for every 4 students |
Financial institutions | 4 spaces per 1,000 square feet |
Funeral homes | 1 space per 50 square feet |
Garden store, nurseries or greenhouse | 4 spaces per 1,000 square feet of indoor sales area, plus 1 space per 1,000 square feet of greenhouse or net outdoor sales |
Health and fitness centers | 5 spaces per 1,000 square feet |
Hotels and motels | 1 space per room or suite |
Kennels | 2 spaces for drop-off and pick-up of animals |
Medical or dental offices | 5 spaces per 1,000 square feet |
Motor vehicle body repair or motor vehicle repair and service | 3 spaces per 1,000 square feet of floor area, excluding service bays, plus 2 spaces per service bay (service bay may not be counted as a parking space) |
Motor vehicle car washes | 1 space minimum and 1 space per employee |
Motor vehicle fuel sales | 4 spaces per 1,000 square feet of floor area, excluding service bays, plus 1 space per fuel pump or service bay (service bay may not be counted as a parking space) |
Motor vehicle rental or sales | 1 space per 400 square feet of gross floor area |
Offices | 3 spaces per 1,000 square feet |
Outdoor displays, sales or storage | 1 space per 750 square feet |
Personal service establishments | 6 spaces per 1,000 square feet or 2 spaces per station/chair, whichever is greater |
Pool or billiard hall | 10 spaces per 1,000 square feet |
Restaurants | 15 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is greater |
Retail and service commercial uses | 4 spaces per 1,000 square feet |
Self-storage facilities | 1 space per 20 storage units |
Social clubs and fraternal organizations | 1 space per 3 fixed seats or 1 space per 2 persons of maximum occupancy, whichever is greater |
Theaters | 1 space per 3 fixed seats or 1 space per 2 persons of maximum occupancy, whichever is greater |
Veterinarian clinics | 4 spaces per 1,000 square feet |
Wireless telecommunication structures | 1 space per structure |
Industrial Uses | |
Distribution facilities, truck terminals and warehouses | 2.5 spaces per 1,000 square feet |
Light or heavy industrial or manufacturing uses | 2 spaces per 1,000 square feet |
Warehousing or storage | 1 space per 1,500 square feet |
Institutional/Public/Recreational Uses | |
Ballfields | 20 spaces per field |
Bowling alley | 4 spaces per bowling lane |
Cemetery | 1 space per 4 seats in a chapel or place of assembly |
Clubs | 10 spaces per 1,000 square feet or 1 space per 2 persons, whichever is greater |
Colleges, universities and other higher educational facilities | 1 space for each 5 classroom seats, plus 1 space for each auditorium seat |
Elementary or middle/junior schools | 3 spaces per classroom or 1 space for every 3 seats in auditoriums or assembly halls, whichever is greater |
Golf courses | 8 spaces per hole |
Golf driving ranges or miniature golf courses | 2 spaces per tee |
Hospitals | 1 space for every 2 patient beds, plus outpatient clinics, laboratories, pharmacies and other similar uses shall have 4 spaces per 1,000 square feet |
Indoor recreational facility | 2 spaces per 1,000 square feet |
Libraries, museums and galleries | 3 spaces per 1,000 square feet |
Parks or playgrounds not otherwise specified | 1 space per 10,000 square feet of park or playground area |
Racquetball, handball and tennis courts | 5 spaces per court |
Religious places of worship | 1 space per 3 fixed seats in the main assembly room or 1 space per 3 persons of occupancy, whichever is greater |
Senior high schools | 1 space per 5 students of capacity |
Skating rinks | 5 spaces per 1,000 square feet |
Swimming pool | 20 spaces per 1,000 square feet of pool area |
Tennis courts | 4 spaces per court |
Volleyball courts | 15 spaces per court |
Residential Uses | |
Housing reserved for older adults (65 years or older) | 1 space per bed |
Multi-family dwellings | 2 spaces per dwelling unit |
Nursing homes and assisted living facilities | 1 space per 3 beds |
Open space subdivisions | 2 spaces per dwelling unit1 |
Single-family dwellings | 2 spaces per dwelling unit1 |
Two-family dwellings | 2 spaces per dwelling unit1 |
1 A minimum of one parking space shall be located within an attached or detached parking garage | |
(D) Company vehicle and equipment parking. Additional parking spaces shall be required for company vehicles and equipment. Parking facilities required for customer and employee parking shall not be used for storage of company vehicles and equipment, including, but not limited to, company trucks, landscaping equipment and the like. Exceptions may be granted if:
1.) The applicant can demonstrate that the storage will occur only during nonpeak hours for customer demand;
2.) The vehicles are stored in an area which is appropriately screened from the public street; and
3.) The storage area is approved by the PZC on the site plan.
(5) Stacking space requirements.
(A) Applicability. All nonresidential uses with drive-through facilities shall be subject to the stacking space requirements of this section.
(B) Minimum number of stacking spaces. The number of required stacking spaces shall be as provided for in Table 157.134-2; see Figure 157.134-1 for illustration of stacking spaces.
Activity | Minimum Stacking Spaces (Per Lane/Service Window) | Measured From |
Activity | Minimum Stacking Spaces (Per Lane/Service Window) | Measured From |
Financial institution or automated teller machine (atm) | 4 | Teller or window |
Fuel or gasoline pump island | 2 | Pump island |
Full service motor vehicle wash | 7 | Washing bay |
Other | A minimum of 6 spaces per lane or window | |
Restaurant | 8 | Pick-up window |
Self-service motor vehicle wash | 4 | Washing bay |
(C) Design and layout.
1.) Drive-up facilities shall be located on that part of a site which is most distant from or most screened from existing or planned abutting sensitive uses (such as residences or offices) on abutting properties, except where existing uses are nonconforming. Where site conditions necessitate locating a drive-up facility near to a sensitive use, the area between the uses shall be heavily screened as directed by the PZC.
2.) Drive-up facilities, their stacking areas and routes of access shall be located so as to not interfere with vehicles or pedestrian movement on the public street or within the site. Stacking areas for drive-up facilities shall not be the sole or primary site egress route. Stacking areas shall not utilize parking or aisles required for access to parking.
3.) Drive-up facilities which utilize microphones or other audible signals shall be designed to minimize sound impacts upon abutting uses. Hours of operation shall be as approved by the PZC.
4.) Stacking spaces shall be a minimum of ten feet by 20 feet in size.
5.) Stacking spaces may not impede on- or off-site traffic movements or movements in or out of off-street parking spaces.
6.) Stacking spaces shall be separated from other internal driveways by surface markings. Raised medians may be required where deemed necessary by the PZC for the purpose of traffic movement and safety.
(6) Loading space requirements.
(A) Applicability. All nonresidential uses with structures with a gross floor area in excess of 8,000 square feet shall be subject to the off-street loading requirements of this section.
(B) Number of off-street loading spaces required. Off-street loading spaces shall be provided in accordance with the schedule set forth in Table 157.134-3 and shall not conflict or overlap with any areas used for parking.
Gross Floor Area of Structure (Square Feet) | Number of Required Loading Spaces |
(C) General design standards. Every loading space shall be designed, constructed and maintained in accordance with the standards and requirements set forth below.
1.) Loading spaces shall be located on the same lot as the building or structure to which they are accessory. No loading space shall be located in any required front yard, nor shall it permit any vehicle to extend into any front yard or across any lot lines of a more restrictive district while the vehicle is being loaded or unloaded.
2.) Loading facilities for receipt or shipping of equipment, material or waste shall be located on rear or side facades of a building which are not visible from a public street or from an existing or planned residential area.
3.) No required loading space shall be less than 12 feet in width or 40 feet in length or have a vertical clearance of less than 14 feet.
4.) Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that will create the least possible interference with traffic movement and parking lot circulation. The Zoning Division shall approve access to and from loading spaces.
5.) Loading areas shall not create additional curb cuts, unless approved by the PZC.
6.) All loading areas shall be clearly marked and distinguishable from parking spaces.
7.) No part of any truck or van that is being loaded or unloaded may extend into the right-of-way of a public thoroughfare.
8.) Loading spaces shall be designed with sufficient apron area to accommodate truck-turning movements and to prevent backing of trucks onto any street right-of-way.
(7) Design of vehicular use areas. All vehicular use areas, including off-street parking, loading and stacking areas, shall meet the following provisions, unless otherwise provided for in this Code.
(A) General guidelines for vehicular use areas.
1.) Parking facilities shall be designed for storage of customer and employee vehicles in a manner suited to the nature of the use and its vehicular impacts, including the number and frequency of visits, length of visits and vehicle types.
2.) Parking facilities shall be designed with adequate locations for storage of plowed snow.
3.) Parking facilities shall be designed to facilitate cleaning of pavement and to minimize locations where litter and other waste collects.
4.) Parking facilities shall be designed to comply with all specific standards and guidelines of this Code, but applicants shall seek to minimize the amount of pavement required to comply, and no provision of this Code shall be interpreted to require the construction of paved areas not deemed necessary by the PZC for the functioning of the use and its parking facility.
5.) Parking facilities shall be equipped with waste containers sufficient in location, type and volume for customer use.
6.) Parking and loading areas shall be lighted to allow for safe movement of both vehicular and pedestrian traffic.
7.) Where parking is not provided near the main entrance of a building, space(s) shall be provided for drop-off/pick-up of a person with mobility limitations. Special attention to this need shall be given where frequent drop-offs/pick-ups are likely, such as medical facilities and restaurants. Such drop-off/pick-up sites may be located in drives; provided that they do not unduly interfere with movement into or out of the site from the street.
8.) Buildings and uses which involve frequent loading of bulky merchandise by customers (for example, grocery stores or building supply stores), shall provide adequate drive-up loading spaces and corrals for the collection of any shopping carts. The location and design of cart corrals shall be as approved by the PZC.
9.) Site elements shall be designed to provide safe and speedy access for police, fire and emergency medical service.
(B) Location and setback requirements.
1.) Vehicular use areas shall be located on the same lot as the principal use they serve, unless the spaces meet the requirements of division (8)(C) below.
2.) Vehicular use areas shall be located, to the maximum extent feasible, in the rear or on the side of buildings.
3.) Location of off-street residential parking spaces.
a.) For any residential use or parcel, off-street parking shall be prohibited in the front yard with the exception of driveways providing access from the street to the parking area.
b.) Within ten feet of the right-of-way, the maximum width of the driveway for a single-family or two-family use shall be 24 feet.
4.) No part of a vehicular use area designed for five vehicles or more shall be closer than five feet from the side and rear lot line of any lot in a nonresidential district, unless it is adjacent to a residential district where it shall be set back 50 feet from the property line adjacent to the residential district. All setback areas shall be landscaped with grass and planting areas and shall be well maintained.
5.) Vehicular use areas shall be set back from the edge of buildings to provide for sidewalk and landscape treatments in front of the building.
6.) There shall be a minimum ten-foot front yard buffer area beginning at the right-of-way line of any street. The area within such buffer yard shall be landscaped in accordance with § 157.136(6), and maintained in good condition.
7.) All vehicular use areas for five vehicles or more shall be screened on any side that adjoins or faces a property in any residential district. Such screening shall consist of a solid masonry wall or solid fence of not less than four and not more than six feet in height. A tight screen of hardy evergreen shrubbery of not less than four feet in height may be used as an alternative to the solid masonry wall or solid fence. For uses or properties subject to § 157.136, the more restrictive landscaping, screening or buffering shall apply.
8.) No entrance to or exit from a vehicular use area designed for five vehicles or more shall be closer than 50 feet to the right-of-way line of intersecting public streets or signalized intersection.
See Figure 157.134-2
.
(C) Access.
1.) Adequate access to a public street, easement or shared access to an adjacent property shall be provided for each parking space with a driveway width of at least 24 feet, but no wider than 40 feet, at the property line for all multi-family dwellings and nonresidential uses. See Figure 157.134-2
.
2.) All parking spaces shall be entered and exited along parking aisles arranged perpendicular to access drives or aisles to the maximum extent feasible. Parking spaces shall not be located along entry drives within 30 feet of the right-of-way (see Figure 157.134-3
). This distance may be reduced to ten feet for access from a secondary street when the lot is a corner lot with access to two public streets.
3.) Driveways shall be located so loading and unloading activities will not hinder vehicular ingress and egress.
4.) To the maximum extent feasible, all uses shall provide paved, concrete or paved pedestrian linkages to existing trail systems, parks, schools, adjacent developments and mass transit stations or stops. Such pedestrian linkages shall be a minimum of five feet in width.
5.) To the maximum extent feasible, provisions for primary access along secondary streets shall be provided to minimize traffic congestion on primary arterial streets.
6.) Lots having 250 feet or less of public street frontage shall be permitted one, two-way access drive or a pair of one-way drives.
7.) Lots having more than 250 feet of public street frontage shall be permitted two, two-way access drives or a pair of one-way drives. The minimum spacing shall be determined by the layout of the project, subject to site plan review.
8.) Shared access may be provided and is encouraged; provided that a legal shared access agreement is submitted and approved by the Law Director that provides for the rights of the respective parties to use the shared access drives. This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the access will be properly maintained during the life of the development.
(D) Design standards.
1.) Minimum size. The minimum size of a parking space may be altered based on aisle width and angle of parking. Parking stalls shall conform to the minimum standards set forth in Table 157.134-4 and Figure 157.134-4.
2.) Alternative design. Parking stalls may be designed at 10' in width x 18' in length. Use of this alternative design shall be for the purpose of conserving hard surface area, not to maximize the number of parking stalls on a site and is permitted with the following conditions.
a.) Green space, in addition to the minimum site requirement, shall be provided on the site in the amount of 20 square feet per 10' x 18' parking stall proposed. This additional amount of green space is the difference in area between 10' x 20' and 10' x 18' parking stalls. The number of 10' x 18' stalls proposed shall not exceed the maximum number of 10' x 20' stalls that would meet the impervious surface area ratio of the site.
b.) Requests for variances shall not be permitted for impervious surface area ratio if 10' x 18' parking stalls are proposed.
c.)
The 10' x 18' stall size shall apply to all parking configurations shown in Table 157.134-4, with the exception of parallel parking and shall meet all applicable provisions of this code.
d.) Requests for the use of any parking stall that is less than ten feet in width shall require a variance and the provision of additional on-site green space. The required amount of such green space shall be determined by taking the difference in land area of the proposed stall and a standard 10' x 20' (200 square feet) stall. No variances shall be permitted for impervious surface area ratio when any stall less than ten feet in width is proposed.
3.) Maneuverability areas. The following provisions shall be followed to maintain efficient maneuverability.
a.) Turn around area. Where more than three parking spaces are served by a single driveway, a turnaround area shall be provided, or other provisions made, to permit cars to exit the parking lot without backing onto any street or sidewalk. See maneuvering aisle widths in Table 157.134-4 and Figure 157.134-4.
b.) Back-up area. Each parking space shall be provided with a sufficient back-up area so as to permit egress in one maneuver, consisting of one backward and forward movement. See maneuvering aisle widths in Table 157.134-4 and Figure 157.134-4.
4.) Surface.
a.) All vehicular use areas shall be constructed of hard surfaced bituminous concrete or asphalt, free from dust and so drained that surface waters therefrom are not permitted to discharge over or onto public sidewalks, roadways or other premises.
b.) Exceptions to division (7)(D)4.)(a) of this section shall be that:
i.) Off-street parking areas, driveways and aisles for residential uses on lots larger than one acre in area; and
ii.) Pavers that allow for grass to grow through them may be permitted as part of a permitted landbanked parking area as described in division (8)(A) of this section.
5.) Continuous curbs.
a.)
Continuous curbs shall be made of asphalt, concrete, stone or other similar material and shall have a minimum height of six inches and a minimum width of six inches. They shall form a noninterrupted edge around all landscaped areas adjacent to parking and maneuverability areas that are not protected by wheel stops. Exceptions may be made where a curb cut provides for drainage or storm water management. See Figure 157.134-5.
b.) Continuous curbs shall be required along all parking areas facing a street right-of-way.
c.) Continuous curbs shall be required to surround parking areas in all business districts for parking lots with 20 or more parking spaces.
d.) Wheel stops shall not be used when a continuous curb is provided.
6.) Wheel stops. Each wheel stop shall be a singular block of reinforced concrete, stone or other durable material with a minimum height of six inches, a minimum width of six inches and a minimum length of eight feet. Wheel stops are to be securely attached to the ground and may be used only at the end of parking stalls. Wheel stops may be attached up to two feet from the rear edge of the parking space. See Figure 157.134-6.
7.) Placement. Wheel stops and/or continuous curbs shall be located a minimum of four feet from any structures, buildings, walls or plant material to prevent a vehicle from driving onto the landscaped area or hitting any structure or plant material at the edge of a parking area with the exception of where the area is an open grass area with no landscaping. See See Figure 157.134-5.
8.) Striping.
a.) The individual parking spaces (stalls) shall be striped according to the approved layout of the parking area.
b.) Striping shall be maintained in a clearly visible condition.
(E) Parking requirements for physically disabled. Applicants shall provide parking spaces for the physically disabled as required by the Ohio Basic Building Code and shall include all necessary markings, striping, and signage.
(F) Walkway connections to public sidewalks.
1.) Where a sidewalk exists in a public right-of-way adjacent to the site, or is required to be constructed as part of the development approval, a pedestrian connection shall be constructed from the building to the sidewalk.
2.) The pedestrian connections shall be constructed of asphalt, concrete or of hard surface pavers.
3.) The pedestrian connection may be created as part of a driveway; provided that it is delineated with a minimum of a painted line and the portion utilized for vehicular traffic is not reduced from the minimum width requirements.
4.) The pedestrian connection shall have a minimum width of three feet.
(G) Fire Code. All parking and loading plans shall conform to all requirements set forth in the Fire Code as adopted by the city and as approved by the Fire Division.
(H) Maintenance of vehicular use areas. All vehicular use areas shall be provided with satisfactory access to a street, easement, shared access road or alley by means of a solid and dust free driveway that meets the requirements of this section. All vehicular use areas shall be developed and maintained in accordance with the provisions of this section.
(8) Alternative parking. The following are permitted methods of accommodating parking as an alternative to constructing the required number of parking spaces on an individual lot.
(A) Landbanked parking. A portion of the required parking spaces may remain landscaped and unpaved or paved with pervious pavers; provided that the parking and unpaved areas complies with the following standards and is authorized by the PZC. See Figure 157.134-7.
1.) The site plan shall denote the location and layout of that portion of the parking area that currently is deemed unrequired. The plan shall indicate that the landbanked parking spaces will be constructed according to this Code in the event that the Planning Department determines at any time that all or any portion of this parking is necessary.
2.) At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that pervious pavers may be used to provide temporary parking; provided that the pavers allow for grass and other vegetation to grow through the material.
3.) At no time shall any portion of the required parking or loading that is so designated for future construction as provided herein be counted as open space or other nonpaved areas required by other provisions of this Code.
4.) The owner shall initiate construction of the approved future parking area(s), as identified on the approved site plan, within three months of the receipt of a certified letter or a letter through normal postal service (in the event that the certified letter is not accepted) sent to the owner of record from the Planning Department identifying that such parking is determined to be necessary.
(B) Shared parking. A portion of the required parking spaces may be located on an adjacent property if the parking area complies with the following standards and is authorized by the PZC.
1.) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities.
2.) Shared parking shall not account for more than 25% of the required parking spaces as established in Table 157.134-1
.
3.) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request. Shared parking may be approved if:
a.) A sufficient number of spaces are provided to meet the highest demand of the participating uses;
b.) The uses are located adjacent to each other;
c.) Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the Zoning Division, documenting the nature of uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them;
d.) The shared parking spaces will not be located in excess of 200 feet from the uses they are intended to serve;
e.) A legal shared parking agreement is submitted and approved by the Law Director which provides for the rights of the respective parties to use the shared parking areas in a manner adequate to accommodate multiple users or that parking spaces will be shared at specific times of the day (i.e., one activity uses the spaces during day time hours and another activity uses the spaces during evening hours). This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
f.) The approved shared parking agreement shall be filed with the application for a zoning permit and shall be filed with the County Fiscal Officer and recorded in a manner as to encumber all properties involved in the shared parking agreement; and
g.) No zoning permit will be issued until proof of recordation of the agreement is provided to the Zoning Division.
(C) Off-site parking. Off-site parking is not encouraged, however, a portion of the required parking spaces may be located on a separate lot from the lot on which the principal use is located if the off-site parking complies with the following standards and is authorized by the PZC.
1.) Off-site parking shall be reviewed as a conditional use by the PZC.
2.) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, hospitals, bars (if not incidental to a restaurant) or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.
3.) No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way; provided it uses a legal crosswalk.
4.) Off-site parking shall not be permitted on a vacant lot in a residential zoning district unless permitted by the PZC.
5.) The off-site parking that is proposed to be used shall exist prior to the agreement and shall be associated with an existing use.
6.) Off-site parking areas shall adhere to the regulations of the same or a more intensive zoning classification than that required for the use served.
7.) In the event that an off-site parking area is not under the same ownership as the principal use served, a written off-site parking agreement shall be required.
8.) An off-site parking agreement shall be submitted and approved as to form by the Law Director. This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
9.) The off-site parking agreement approved by the Law Director shall be filed with the application for a zoning permit and shall be recorded as a deed restriction or covenant in a manner as to encumber all properties involved in the off-site parking agreement.
10.) Final inspection to authorize occupancy shall not be granted until proof of recordation of the agreement is provided to the Zoning Division.
11.) Off-site parking shall be used and maintained solely for parking as long as the use, as recorded and approved, exists. The off-site parking agreement may be terminated when the additional site is no longer necessary, there is a change of use or the approved conditions are no longer applicable.
(9) Storage of trailers, recreational vehicles, campers and boats. The following shall be applicable in all zoning districts, unless approved by the Planning and Zoning Commission as an approved use for outdoor storage under § 157.086(11) and Table 157.087-1.
(A) Trailers (not to include utility trailers, which may be stored in the driveway of a residence), recreational vehicles, campers and boats may be stored on private property; provided that such vehicle is located in the rear and/or side yard no less than ten feet from the property line on a stable surface (stable defined as concrete, asphalt, permeable or nonpermeable pavers, or a minimum of three inches of gravel). Vehicles shall not be connected to any electrical (except during periods of loading and unloading as permitted in division (9)(F) of this section), water, gas (or fuel source) or sanitary sewer, and shall not be resided within.
(B) Storage/parking of utility trailers, recreational vehicles, campers and boats on corner lots or double frontage lots shall comply with the minimum building setback from all property lines. Corner or double frontage lots are considered to have two front building setback lines.
(C) Trailers, recreational vehicles, campers and boats shall not be used as a dwelling, office or other business, or for storage of any material, except as may be permitted per code as a temporary construction trailer.
(D) In a residential district, no more than one utility trailer, recreational vehicle, camper or boat exceeding 20 feet in length shall be stored outdoors on a lot.
(E) The trailer, utility trailer, recreational vehicle, camper or boat must be in a condition such that it can be used for its intended purpose, and shall be currently licensed and registered with the state and shall be registered in the name of the property owner and/or tenant of the parcel on which the vehicle is parked/stored.
(F) One trailer, recreational vehicle, camper or boat may be parked in a driveway area for the purpose of loading/unloading for a period of not more than 72 consecutive hours in any consecutive 30-day period.
(10) Commercial vehicles in residential districts. No commercial vehicle shall be permitted on a lot in any residential district, except that an occupant shall be permitted to park one truck not exceeding three-fourths of a ton capacity that is used in connection with said occupant’s livelihood; provided that such truck is wholly enclosed within a garage.
(Prior Code, § 1229.05) (Ord. 2009-21, passed 10-27-2009; Ord. 2013-02, passed 2-26-2013; Ord. 2021-03, passed 6-22-2021; Ord. 2022-02, passed 3-8-2022; Ord. 2022-07, passed 6-28-2022)
§ 157.135 SIGNS.
(1) Purpose.
(A) The purpose of this section is to promote the general health, safety and welfare of the residents of the city, and maintain high property values by:
1.) Providing reasonable, yet appropriate, conditions for identifying businesses or services rendered in nonresidential zoning districts;
2.) Controlling the size, location and design of permanent signs so that the appearance of such signs will be aesthetically harmonious with their surroundings;
3.) Eliminating any conflict that would be hazardous between business or identification signs and traffic-control signs and devices;
4.) Ensuring that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment; and
5.) Reducing sign clutter.
(B) In establishing the objectives in division (1)(A) of this section, the city has determined that, without adequate regulation and design standards, signs are a nuisance. The number of signs in the city is excessive and unduly distracting to motorists and pedestrians, creates a traffic hazard and, in some places, reduces the effectiveness of signs needed to direct the public. As the appearance of the city is marred by the excessive number, oversized and poorly designed signs, both business and residential property values are adversely affected. Therefore, the number of such distracting signs ought to be reduced and signs permitted shall conform to the standards of this Code in order to reduce these effects. All signs not conforming with the provisions of this section are declared a nuisance. It is further declared that the regulations contained in this section are the minimum regulations necessary to abate the nuisance(s) and to achieve the purposes of this Code.
(2) Applicability. A zoning permit is required to erect any sign (except as otherwise provided in this division (2)), and no permit shall be issued until such signs have been reviewed according to the following.
(A) The PZC shall have the responsibility to review and make decisions on freestanding signs.
(B) The Zoning Division shall have the responsibility to review and make decisions on attached signs, directional signs and temporary signs.
(C) The Zoning Division shall authorize the issuance of a permit for such sign when the Zoning Division determines that the sign complies with all provisions of this section. The Zoning Division may refer the decision on any of the above signs to the PZC for consideration if the Zoning Division determines that the sign, as proposed, is more appropriately the responsibility of the PZC.
(D) For multi-tenant buildings in business or industrial districts, and for individual buildings located in business and industrial parks, the PZC may approve with the development plans for new buildings, or at the time a specific sign request is made for a tenant identification sign in an existing building, basic sign parameters as to the location, size and style of each tenant sign, and authorize the Zoning Division to specifically approve the subsequent individual tenant signs upon specific application when such proposed signs comply with the parameters established by this Code.
(3) Calculating sign area and height.
(A) Sign area.
1.) For a sign that is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area dimensions shall include the entire portion within such background or frame.
2.) For a sign comprised of individual letters, figures or elements on a wall or similar surface, or an irregularly shaped freestanding sign, the area of the sign shall encompass a regular geometric shape, or a combination of regular geometric shapes, which forms or approximates the perimeter of all the elements in the display. When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be calculated by determining the geometric form, or combination of forms, which comprises all the display area, including the space between the elements.
3.) The sign area shall include the frame, but shall not include the pole or other structural support, unless such pole or structural support is illuminated or otherwise so designated to constitute a display surface or device.
(B) Clearance from electrical lines. Signs shall maintain a minimum horizontal clearance of eight feet in addition to the fall radius and a vertical clearance of at least eight feet from electrical lines and in accordance with the provisions of the National Electrical Code, as revised.
(C) Double-faced signs.
1.) A freestanding sign shall have no more than two display surfaces.
2.) Display surfaces may be arranged back-to-back and parallel to each other or in a V shape.
3.) A V-shaped sign is permitted; provided that it does not exceed ten feet in height from the average grade, it has identical display surfaces in terms of size, color and copy, and its display surfaces do not exceed a 90-degree angle to each other.
(D) Height for freestanding signs. The height of a sign shall be measured from the average grade under the sign to the top of the highest element of the sign or support structure.
(E) Determination of building and tenant frontage. The length of the building or unit of the building which faces the principal street, or the length of the wall of the building or unit which contains the main entrance to the uses therein, shall be considered the building frontage. In the case of an irregular wall surface, a straight line extended along such wall surface shall be used to measure the length. Only one exterior wall of any business shall be considered its frontage. The portion of a building which is owned or leased by a single tenant shall be considered a building unit. The length of a unit is that portion of the building so occupied by a single activity and calculated proportionally in the same manner as the building frontage.
(4) General sign standards. In addition to ensuring compliance with the numerical standards of this section, the PZC, when approving signs, shall consider the proposed general design, arrangement, texture, material, colors, lighting, placement and appropriateness of the proposed sign in relationship to other signs and other structures, both on the premises and in the surrounding area, and approve only signs which are consistent with the intent, purposes, standards and criteria of this section. Specific standards for determining the appropriateness of the sign shall include, but not be limited to, the following.
(A) The size, style and location of the sign shall be appropriate to the activity of the site as prescribed elsewhere in this Code.
(B) The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture.
(C) A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance.
(D) All signs shall be made, constructed and erected in a professional and workmanlike manner and with materials which are durable for the intended life of the sign.
(E) Signs shall be placed at the grade approved by the PZC.
(F) Signs in the right-of-way; obstructing vision or traffic.
1.) No signs shall be placed in any public right-of-way, except publicly-owned signs, such as traffic-control signs, city identification signs and directional signage as permitted in this section.
2.) No sign or other advertising structure as regulated by this section shall be erected:
a.) At the intersection of streets in such a manner as to obstruct free and clear vision; or
b.) At any location where, by reason of the position, shape or color, it may interfere with traffic, obstruct the view of traffic or be confused with the use of words, such as stop, danger or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(G) Illumination. The light from any illuminated sign or from any light source shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts, or adversely affect the safe vision and operation of vehicles moving on public or private roads, highways or parking areas. Light shall not directly shine or reflect on or into residential structures.
(H) Message changes.
1.) Changeable copy may be included as part of the sign message. Changeable copy may be in the form of manually-operated reader boards or electronic message centers. The maximum height limit shall be 12 inches on electronic message copy and a limit of 50% of the total signage may be used for changeable copy with manually-operated copy.
2.) All freestanding signage featuring electronic message centers shall be ground-mounted with a maximum height of ten feet. The display area of an electronic message center shall not exceed 50% of the total sign face area of the sign. For any site that qualifies for a sign area bonus, pursuant to divisions (8)(B)4.) or (8)(B)6.) of this section, the display area of any sign shall not exceed 20 square feet.
3.) The electronic display area for a fuel price at a gasoline station shall not exceed 3.3 square feet per fuel type. The total display area of all electronic copy shall not exceed 20 square feet.
4.) Electronic message centers shall be legible and shall not move or flash in such a manner (i.e., in speed or intensity) so as to be a distraction or disturbance to passing pedestrians or motorists or to adjacent residential districts.
5.) Applicants shall provide a certain percentage of time to be allotted to community/civic related messages.
6.) Electronic message centers with commercial messages shall be limited to sign copy only (text only) and shall not include any graphics, unless it is completely stationary and does not move or flash in such a manner so as to be a distraction or disturbance to passing pedestrians or motorists or to adjacent residential districts.
7.) No moving or flashing parts are permitted on any sign within the city.
(I) Address signs. All proposed freestanding identification signs shall incorporate the site or building address number, in a legible manner, to assist the general public and emergency response personnel. The area of such address number shall not be calculated toward the total permitted sign face area of the sign.
(J) Required landscape area for signs.
1.) Unless otherwise provided in this section, all permanent freestanding signs shall be located in a landscaped area with a minimum area equal to the total sign area.
2.) The landscape area for permanent freestanding signs shall consist of shrubs, flowers and/or ground cover. This area shall be in addition to any landscape or screening areas required in § 157.136.
(5) Prohibited signs. The following types of signs are prohibited in all districts:
(A) Abandoned signs:
1.) Any sign existing that no longer advertises a bona fide business conducted on the premises or a product sold on the premises for a period of six months shall be deemed abandoned;
2.) Such a sign shall be removed by the owner, agent or person having the beneficial use of the building or structure within 30 days after notification to the owner from the Zoning Division; and
3.) All signs shall be in conformance with division (10) of this section;
(B) No sign shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving devices for the purpose of advertising or attracting attention for commercial or advertising purposes, except where otherwise permitted in this section;
(C) Air activated graphics or balloons used for commercial or advertising reasons shall not be permitted, except where otherwise permitted in this section;
(D) No persons shall erect any additional attractions, devices or objects, or continue in the operation of such signs for the purpose or result of which is to attract attention to a business or business services and/or which serves to divert the attention of the public whether such devices or objects are stationary, mobile, or otherwise revolve, rotate, or move;
(E) Signs shall not be placed on vehicles or trailers that are parked or located for the primary purpose of displaying such signs. This does not apply to portable signs or lettering on buses, taxis or vehicles operating during the normal course of business;
(F) Signs imitating or resembling official traffic or governmental signs or signals;
(G) No person shall display upon any sign or other advertising structure any obscene, indecent or immoral matter;
(H) Signs that consist of lights that revolve or flash are prohibited in all districts with the exception of electronic information signs;
(I) Bench signs;
(J) Snipe signs;
(K) Graffiti;
(L) Roof signs; and
(M) Off-premises sign.
(6) Signs not requiring a zoning permit. The following sign types shall be exempted from zoning permit requirements, but shall be in conformance with all other requirements of this section:
(A) State, federal, institutional or other patriotic flags;
(B) Any sign authorized by a governmental agency may be installed as provided by applicable law;
(C) One nonilluminated nameplate in a residential zoning district or planned residential district with a maximum sign area of two square feet;
(D) Commemorative plaques placed by recognized historical or park agencies;
(E) Mailbox identification when such is an integral part of such mailbox;
(F) Warning signs, including no hunting, no trespassing, keep off grass, no dumping or signs of a similar nature; provided that they do not exceed four square feet in area;
(G) Garage sale signs (which term shall include the terms yard sale, porch sale, house sale, toy sale or similar terms) in a house, garage or yard; provided:
1.) There is a maximum of two signs on the property holding the sale;
2.) The signs shall not be displayed more than two days in advance of the sale;
3.) All signs must be removed on the last day of the sale; and
4.) The signs shall not be placed in the public right-of-way or on utility poles.
(7) Signs permitted in residential zoning districts. The following signs may be permitted in an R-R, R-1, R-2 or for residential uses in a PD District.
(A) Permanent signs. Permanent ground-mounted signs for a subdivision, multi-family dwelling development, public/institutional use or commercial enterprise permitted in a residential zoning district (bed and breakfast, kennel, riding stable and the like); provided that the sign meets the following requirements:
1.) The sign(s) must be reviewed and approved by the PZC through the site plan review process;
2.) One permanent freestanding sign may be permitted at each entrance to the subdivision, development or use unless otherwise approved by the PZC;
3.) The sign shall be a ground-mounted sign;
4.) The sign shall be set back a minimum 15 feet from the public right-of-way and 20 feet from any adjacent property lines;
5.) The sign face does not exceed 20 square feet in area on a single side. The total sign face area may be distributed into two signs at each entrance as approved by the PZC;
6.) No such sign or any portion of the structure shall exceed eight feet in height;
7.) The sign may only be illuminated through external lighting;
8.) The applicant obtains a zoning permit for the sign after PZC approval;
9.) Additional signs may be authorized by the PZC through the subdivision review process or as part of a planned development; and
10.) For multi-family dwelling developments or institutional uses, the PZC may approve greater sign areas than specified above if it determines that, because of the large size of the facility or its site, the proposed larger sign will be consistent with the objectives, intent and criteria of this section.
(B) Temporary signs.
1.) Temporary signs not requiring a permit. Up to two temporary signs may be permitted at any given time on any one parcel. These temporary signs may be displayed for an unspecified amount of time; provided:
a.) These signs do not contain any commercial messages, except for the sale or leasing of the property on which the sign is located;
b.) The temporary signs shall not exceed six square feet in sign area;
c.) The signs shall be set back a minimum of 30 feet from the right-of-way and 20 feet from all lot lines; and
d.) The signs do not exceed four feet in height.
2.) Temporary signs in residential districts. Temporary signs may be permitted with a zoning permit.
a.) One temporary sign may be displayed on a vacant site or for a project that is under development; provided that the sign area does not exceed 32 square feet in area for a new subdivision or 20 square feet for development on a single-family lot. Such signs shall be removed within 30 days of the completion of the development or construction project.
b.) One temporary sign may be displayed on site used for public or institutional uses under the following provisions.
i.) The temporary sign shall be displayed for not more than 30 days per zoning permit and not to exceed 90 days per year.
ii.) There shall be a limit of one sign per parcel and such sign shall not exceed 32 square feet per side with a maximum of two sides.
iii.) The sign shall not be illuminated, unless authorized by the BZA through the variance process.
(8) Signs permitted in nonresidential zoning districts. The following signs may be permitted in all zoning districts, except the R-R, R-1 and R-2 Districts, and except for residential uses in the PD Districts.
(A) Maximum area of all permanent signs.
1.) The maximum sign area for all permanent signs in a nonresidential district shall be equal to two square feet per each lineal foot of building or tenant frontage.
2.) The maximum area for all permanent signs shall include the sum of the areas of all freestanding (ground or pole mounted) signs, directional signage and attached signage; provided that window signs that occupy less than 10% of the window area shall be exempt from this calculation.
3.) Additional allowances in business and industrial districts.
a.) For any use which is on a corner lot or has a customer entrance facing a parking lot (when such parking lot does not face the main street), the maximum allowable area for signs may be increased for each such additional frontage.
b.) The increase for each such frontage shall be equal to 40% of the allowable sign area if the additional frontage is considered the principal frontage. However, no sign area on any bonus frontage shall exceed one square foot per linear foot of frontage.
(B) Freestanding identification signs.
1.) Freestanding signs are only permitted when the principal building is set back from the street right-of-way a minimum of 25 feet and the parcel has a minimum lot frontage of 100 feet.
2.) One freestanding sign with a maximum area of 40 square feet per sign face, or 30 square feet per sign face if V-shaped, is permitted per project or development. The freestanding signs can be ground-mounted or pole-mounted.
3.) The maximum height of all freestanding signs shall be 16 feet.
4.) Bonus for freestanding signs on large lots.
a.) The allowable area of any freestanding sign may be increased by ten square feet of sign area for every 100 lineal feet of lot frontage, or fraction thereof, greater than 300 lineal feet.
b.) The total allowable sign area of freestanding signs, according to the provisions of this section, may be distributed to one freestanding sign for each 250 feet of the lot frontage, or fraction thereof.
c.) The maximum area of a single freestanding sign shall, however, in no case, exceed 60 square feet per sign face.
d.) Notwithstanding the provisions of this section, the total allowable sign area for all signs shall comply with division (8)(A) of this section.
5.) No portion of any freestanding sign shall be closer to the street right-of-way than a distance equal to the height of the sign or ten feet, whichever is greater. A freestanding sign shall also be a minimum of 90 feet from any residential zoning district and a minimum of ten feet from any side property line.
6.) One additional freestanding sign may be permitted for a corner lot; provided:
a.) The corner lot has a total frontage, on both street frontages, of at least 300 feet;
b.) The second freestanding sign is clearly located to provide identification along the secondary street;
c.) The total area of both freestanding signs shall not exceed 70 square feet;
d.) Two signs may only be utilized when spaced a minimum of 200 feet apart as measured along the street right-of-way; and
e.) The two signs may be aggregated into a single sign at the corner; provided that the area of the single freestanding sign face shall not exceed 60 square feet if arranged back-to-back and 50 square feet if arranged in a V-shape.
7.) When a freestanding sign is permitted on a site with more than one tenant, it is the property owner’s responsibility to determine if the allowable area shall be devoted to the identification of the building or the project, be a directory for a select group of tenants, or all tenants, in the project, or be for project identification or a tenant directory in combination.
(C) Directional signage. Directional signage shall be permitted as follows:
1.) Directional signage shall be permanent and ground-mounted with a maximum height of three feet;
2.) The sign may be located within ten feet of the intersection of a public street and a private driveway or within a vehicular use area but not within the right-of-way; and
3.) The signs may not exceed four square feet in area.
(D) Attached signage.
1.) Attached signage shall include all types of signage that are attached to the principal building, including wall signs, window signs (over the 10% allowed by division (8)(A)2.) of this section), projecting signs, fascia signs, awning signs, canopy signs and marquee signs.
2.) Awnings, canopies, fascia or marquees shall be designated as permanent parts of the building and shall meet all of the requirements of all applicable building and electrical codes.
3.) Attached signs shall not extend more than 18 inches from the building as measured from the face of the building.
4.) Projecting signs shall provide a minimum clearance of eight feet when projecting over a sidewalk or other right-of-way.
(E) Temporary signs in nonresidential districts.
1.) Temporary signs not requiring a permit. One temporary sign may be permitted at any given time on any one parcel. This temporary sign may be displayed for an unspecified amount of time provided:
a.) The sign does not contain any commercial messages, except for the sale or leasing of the property on which the sign is located;
b.) The temporary sign shall not exceed 32 square feet in sign area;
c.) The sign shall be set back a minimum of 20 feet from the right-of-way and 20 feet from all lot lines;
d.) The signs shall not exceed ten feet in height; and
e.) If the lot is a corner lot, there may be one additional sign on the secondary frontage; provided it meets the same standards as identified above and there is a minimum separation of 200 feet as measured along the street right-of-way line.
2.) Temporary signs requiring a zoning permit. The following temporary signs may be permitted only after applying for and receiving a zoning permit.
a.) One temporary sign may be displayed on a vacant site or for a project that is under development; provided that the sign area does not exceed 32 square feet in area and ten feet in height. The sign shall be removed within 30 days of the completion of the development or construction project.
b.) Temporary promotional signs, banners, pennants or flags (other than institutional, state, federal or other patriotic flags) intended to promote or advertise special events shall be reviewed by the Zoning Division and may be denied if considered excessive.
(9) Special sign districts.
(A) Arlington Road/I-77 Sign District.
2.) Freestanding signs in the Arlington Road/I-77 Special Sign District may exceed the sign height; provided for in the underlying zoning district, but shall in no instance exceed 45 feet in height.
3.) The maximum sign area shall be 120 square feet, per sign face.
4.) In this special sign district, signs shall be set back 15 feet from the right-of-way and any side or rear property line.
5.) Electronic message centers shall meet the standards as outlined in this section for electronic message centers, but in no case shall be permitted on freestanding signs intended for highway visibility.
(B) Greensburg Area Sign District.
2.) Freestanding identification signs in the Greensburg Area Sign District shall have a maximum overall height of eight feet.
3.) For residential structures legally converted for commercial uses and new commercial buildings designed with a residential character, simple design elements are encouraged for all freestanding signs and their support structures. This includes the use of a limited number of shapes, colors and materials in order to complement the building being identified. Materials, including, but not limited to, vinyl, foamboard, high-density urethane, PVC or other type of durable product that enhance the style and character of the district are considered appropriate. In all other cases, the requirements of § 157.137(6) shall apply.
4.) Freestanding signs may only be illuminated through external lighting, which must meet the shielding requirements of this Code.
5.) The display area of an electronic message center shall not exceed 12 inches in height and 20% of the total sign face area.
6.) Freestanding identification signs shall have a minimum setback of ten feet from the public right-of-way and any side or rear property line.
7.) The maximum area of freestanding identification signs shall be 40 square feet per sign face.
8.) The provisions of division (8)(B)1.) of this section shall not apply within the District. Any freestanding sign identifying a principal building that is set back less than 25 feet from the public right-of-way and/or is situated on a parcel with less than 100 feet of public street frontage shall be permitted if it is set back a minimum of five feet from the right-of-way and has a maximum area of 30 square feet per sign face.
(10) Maintenance.
(A) The owner of the property on which the sign is located is required to maintain the sign in a condition fit for the intended use and in good repair.
(B) A sign in good repair shall be free of peeling or faded paint, shall not be stained, shall not show uneven soiling or rust streaks, shall not have chipped, cracked, broken, or bent letters, panels or framing, shall not otherwise show deterioration, and shall comply with all other applicable maintenance standards of the city.
(C) If the sign is deemed by the Zoning Division to be in an unsafe condition, such sign shall be considered an unsafe structure, and all applicable codes for the repair and removal of such sign shall be adhered to.
(D) Whenever any sign, either conforming or nonconforming to this section, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit or any payment of fees provided that there is no alteration or enlargement to the structure or the mounting of the sign itself, and that the sign is accessory to a legally permitted or nonconforming use.
(11) Alteration and removal of nonconforming signs.
(A) Consistent with the purposes of this Code, every graphic or other sign in violation of any provision of this section shall only be removed, altered or replaced so as to conform to the provisions of this section and this Code, and any sign which, on the effective date of this Code, or any amendment thereto, does not comply with the regulations provided in this section and this Code, shall be deemed nonconforming.
(B) Nonconforming signs shall be removed, and any subsequent modification or replacement (excluding routine maintenance pursuant to division (10) of this section) shall conform to all requirements of this section:
1.) When more than 50% of the value of the sign has been destroyed or been removed;
2.) When the use for which the nonconforming sign is accessory is vacant for 90 consecutive days; or
3.) Following five years from the date of the adoption of this section, or five years from the date of any amendment to this section, which made the sign nonconforming.
(C) A nonconforming sign shall not be altered, modified or reconstructed other than to comply with this section, except:
1.) When the existing use has new ownership which results in a change of the name of the use or the business on the property;
2.) When the space is reoccupied by a similar use and the new occupant requires no external building or site renovation; and
3.) When such replacement sign pursuant to division (11)(A) or (B) of this section may be accomplished without any alteration or change to the structure, framing, erection or location of the sign, unless such changes conform to this section.
(Prior Code, § 1229.06) (Ord. 2009-21, passed 10-27-2009; Ord. 2012-19, passed 9-25-2012; Ord. 2015-10, passed 7-14-2015)
§ 157.136 LANDSCAPING AND SCREENING.
(1) Purpose. It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the planting, maintenance, and preservation of trees, shrubs and other plants within the city. The intent of this section is to promote this purpose by:
(A) Protecting property values and the quality of life;
(B) Protecting of residents and visitors through proper buffering and screening;
(C) Mitigating against erosion and sedimentation;
(D) Enhancing the appearance of public and private areas; and
(E) Ensuring planting, maintenance and restoration of vegetation.
(2) Applicability.
(A) This section shall apply to new development and any expansion or change of use that requires landscaping or screening as required by this section.
(B) Single-family dwellings and two-family dwellings shall be exempt from the provisions of this section.
(C) Whenever an existing nonconforming site or use is subject to site design review, those parts of the site where buffers and screens are required shall be brought into conformance to protect the abutting uses.
(3) Landscaping materials and design standards.
(A) Landscaping and screening design guidelines.
1.) Landscape plans shall be an integral part of the site design, accenting and taking advantage of natural grades, drainage patterns, views, microclimates and other elements of the site and improvements. Landscape plans shall provide screening and buffering of conflicting uses, identification of site and building entries, and direction of movement through the site, in addition to aesthetic enhancement.
2.) Landscape plans shall specify a mixture of plant types at various scales and heights, including trees, shrubs, low shrubs and groundcover. The design and installation of beds for perennials and annual flowers and foliage shall be encouraged.
3.) Landscaping areas in parking lots shall be designed with a mixture of trees and shrubs. Planting areas in parking lots and near drives shall be designed to protect plants from damage by vehicles and plowed snow.
4.) Site and building entrances shall be accented by landscaping.
5.) Use of native plants and hardy, low maintenance plants appropriate to the local climate shall be encouraged.
(B) Responsibility for installation of landscaping materials. Landscaping and screening shall be provided by the person in charge of or in control of developing the property whether as owner, lessee, tenant, occupant or otherwise (hereinafter referred to as “owner”).
(C) Existing landscape material.
1.) Unless otherwise noted, existing landscape material in a healthy condition can be used to satisfy the requirements of this section in whole or in part.
2.) Where existing vegetation is proposed to be retained as a “natural buffer or screen,” or as part of the landscaping, the nature and condition of the existing vegetation shall be shown to be acceptable to the satisfaction of the PZC in terms of hardiness and ability to buffer through all seasons of the year. Supplementing natural buffers with additional landscaping plants, fences and walls may be required.
(D) Topography, grading and drainage.
1.) Site design which is sensitive to and works with natural grades of the land, in the interest of maintaining the natural appearance of the landforms and minimizing erosion and maintenance costs, shall be encouraged.
2.) Sites shall be designed to protect natural watercourses and to minimize siltation and erosion.
3.) Storm water detention and retention facilities shall, wherever feasible, be creatively integrated into the design of a site to reduce the extent of storm water facilities and to provide aesthetic value and interest.
(E) Landscaping materials. Existing vegetation shall be preserved as much as possible in accordance with acceptable nursery industry standards. The following items are suitable for landscaping materials used individually or in combination with each other, subject to review and approval PZC through the site plan review process.
1.) Walls and fences.
a.) When walls or fences are used to fulfill screening requirements, they shall be detailed on the site plan. They are to be constructed of weather-proof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooden or synthetic slat material shall not be allowed when used to satisfy the screening requirements of this section.
b.) Walls and fences shall be designed to orient the best, or most aesthetic side, away from the subject lot so the best side faces the adjacent lots.
2.) Plants. Plant materials used in conformance with these provisions shall conform to the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be plants as bare root, as well as balled and burlapped or from containers.
a.) Deciduous trees. Deciduous trees shall have a minimum caliper of at least two and one- half inches DBH conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this section shall be used to create a dense screen.
b.) Evergreen trees. Evergreen trees shall be a minimum of six feet in height at the time of planting. When used for screening, evergreen plantings shall be planted at a maximum distance of 15 feet on center to provide an effective screen.
c.) Ornamental trees. Ornamental trees shall have a minimum height of five feet or a minimum caliper of at least two and one-half inches DBH conforming to acceptable nursery industry procedures at the time of planting.
d.) Shrubs and hedges. Shrubs and hedges shall be at least 36 inches in height at the time of planting. All shrubs and hedges shall be designed to provide an effective screen of at least five feet within a period of four years after planting.
e.) Grass and ground cover.
i.) Grass shall be planted in species normally grown in permanent lawns in the county. In swales or other areas subject to erosion, solid sod shall be sown for immediate protection until complete coverage otherwise is achieved. Grass areas shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted at a maximum spacing of one foot on center to provide 75% complete coverage after two growing seasons.
ii.) Once the minimum landscape requirements have been met, any size plant may be installed on a lot to supplement the minimum requirements.
f.) Earth mounds. Earth mounds may be used as a screening requirement, however, differences in natural elevation between areas requiring a screen does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following:
i.) Earth mound shall conform with the grading requirements of the City Engineer;
ii.) The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the Zoning Division to ensure that proper erosion control and prevention practices are utilized;
iii.) Berms and earth forms shall be designed with physical variations in height and alignment throughout its length;
iv.) Landscaping plant materials may be installed on berms and earth mounds and shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance;
v.) Berms and earth mounds shall be located and designed to minimize the disturbance of existing trees located on the site or adjacent thereto;
vi.) Adequate ground cover shall be used and maintained to prevent erosion of the earth mound; and
vii.) No mound wastewater treatment system or other similar on-site wastewater treatment system shall count toward the screening requirement.
(F) Easements. Nothing shall be planted or installed within any underground or overhead utility, drainage or gas easement without the consent of the owner of the easement.
(4) Screening between districts.
(A) Screening types. The following screening types are hereby established.
1.) Type A screen. Type A screens are intended to provide visual screening. A Type A screen is a solid fence or wall with a minimum height of six feet. A fence or wall may be used to create the opaque screen; provided that at least 50% of the length of the fence or wall along each property line is landscaped on the outside of the fence or wall, or evergreens are used in lieu of 50% of the fence or wall. The spacing of the landscaping must comply with division (4)(C) of this section. All fencing and walls shall be set back 15 feet from the lot line separating the less restrictive zoning district to allow for maintenance of the applicable yard.
2.) Type B screen. Type B screens are intended to provide partial visual screening and to provide aesthetically pleasing delineation of boundaries between zoning districts. A Type B screen is a densely planted screen which need not be opaque for its entire length. At least 50% of the length of the screen along each property line must be opaque. The remaining 50% of the length of the screen along each property line may contain any combination of small shrubs or larger plants that comply with division (4)(C) of this section. A mound built in accordance with division (3)(E) of this section may be used instead of shrubs.
3.) Type C screen. A Type C screen is intended to separate functions, such as streets, sidewalks and parking; to provide pleasing visual effects; and to provide areas to serve environmental functions. A Type C screen is a less dense planting than Type A or Type B and may include deciduous plants. At least 50% of the length of the screen must be planted with large or medium trees and the remaining 50% of the screen length may be any combination of shrubs, excluding dwarf shrubs, that will comply with division (4)(C) of this section. A mound built in accordance with division (3)(E) of this section may be used instead of shrubs.
(B) Screening requirements. Screening between zoning districts is required in accordance with Table 157.136-1. When more than one zoning abuts the property to be landscaped, the more restrictive of the screen types shall apply.
District | Subject Property Zoning | ||||||||||
R-R | R-1 | R-2 | B-1 | B-2 | B-3 | B-4 | B-5 | I-1 | PD | ||
(C) Screening standards.
1.) When fences or walls are used to fulfill requirements for Type A, B or C screens, the maximum length of each continuous fence or wall segment without landscaping shall be 50 feet. Longer segments must be provided with landscaping in accordance with this section along the outside of a wall or fence, or planting meeting the screen type requirements in lieu of a fence or wall segment.
2.) Dwarf shrubs and ground cover may be planted on the outside of a fence or wall, but these will not count toward the screening requirement.
3.) If evergreens are used to fulfill the requirements for an opaque screen, total opacity and a minimum height of six feet shall be required within three years after issuance of a use and occupancy permit. If the planting does not meet these requirements within three years, additional plantings or a fence or wall meeting these requirements shall be constructed and landscaped as required under this section.
4.) Each 50 linear-foot segment of screening, including plantings on the outside of a wall or fence as described in this section, shall contain landscaping equivalent to two large trees. For purposes of this section, the following are considered equivalent and may be used in any combination which achieves at least the minimum amount required:
a.) Two large trees with a maturity height of 40 feet or taller;
b.) Three medium or small trees with a maturity height of less than 40 feet;
c.) Ten large shrubs with a maturity height of one foot or larger; or
d.) Fifteen medium or small shrubs with a maturity height of less than one foot.
5.) Berms or mounds may be used to fulfill screening requirements; provided they meet the requirements of division (3)(E) of this section.
6.) No proposed building addition, structure, merchandise display, parking area or any similar feature shall be located in front of or within a required screen. Notwithstanding the above, a driveway entrance may cross a required screen.
7.) Required screens must be installed on the subject property, within the required setback. The minimum width of the screened area is ten feet. The soil in each screen area must be covered by trees, shrubs, grass, ground cover, landscape gravel or mulch.
8.) All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
9.) Whenever, because of unusual size, topography, shape of the property, location of the property or other unusual conditions, the strict application of the requirements of this division would result in significant degradation of the site or adjacent properties, the requirement may be varied or waived by the PZC; provided that such variance or waiver shall not be detrimental to the public health, safety or welfare, or to the orderly development of the area.
(5) Landscaping of vehicular use areas. All development subject to site plan review shall include the following required landscaping for parking lots.
(A) Minimum interior landscaping requirements. For parking areas designed to accommodate 20 or more vehicles, a minimum of 5% of the land area within the parking area shall be appropriately designed with landscaped areas and planted islands in accordance with this section.
(B) Landscape island locations.
1.) Landscape islands shall be located at the end of each parking row with a minimum size of 140 square feet for single loaded parking rows and a minimum size of 280 square feet for double loaded rows.
2.) The landscaped islands should be designed, to the maximum extent feasible, to accommodate storm water runoff. The use of porous pavement and/or specially designed brick or block is encouraged to increase on-site water detention for plant material and ground water supplies and to reduce problems associated with runoff.
(C) Planting requirements.
1.) Plantings for interior landscaping shall be provided at a rate of two trees and six shrubs per 15 parking spaces or fraction thereof.
2.) Each individual landscaped island shall include a minimum of one tree and two shrubs.
3.) The trees and shrubs shall be distributed throughout the parking lot islands to decrease the appearance of a single expanse of pavement and to create a canopy effect.
4.) The trees should be of a variety to provide the shade canopy and have a clear trunk height of at least six feet.
5.) The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel or mulch. Plants in this category may not interfere with visibility. All plants must be living, thriving and assuming their intended form.
(D) Additional plantings along public streets. Whenever parking areas consisting of five spaces or more are located such that the parked cars will be visible from a public street, landscaping, in addition to the required interior landscaping, shall be required between the street and the parking lot. Such landscaping shall be a minimum height of three and one-half feet, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of 50% of the parking area.
(6) Front yard landscaping.
(A) In all districts, every part of a front yard shall be open to the sky, unobstructed, except for parking areas and signs as permitted and regulated in the district regulations and sign regulations, and shall be landscaped according to the following minimum requirements.
(B) The entire depth and length of the front yard (except as provided above) shall be permanently protected from soil erosion with grass, trees and shrubs.
(7) Screening of service structures. All development subject to site plan review shall include the following required screening for loading areas and service structures.
(A) Screening shall consist of an opaque wall or fence, six feet in height, or dense vegetative planting which effectively obscures 100% of a loading area when adjacent to residential districts or visible from a public street.
(B) Loading facilities shall be designed to minimize impacts upon existing or planned uses on abutting properties. Greater amounts of screening shall be required where the frequency or nature of loading is greater than typical. Extension of building walls is encouraged to effectively surround, screen and screen loading areas. Where the height of solid screening cannot screen loading areas from view of adjacent tall buildings, additional screening shall be provided with trees.
(C) Rubbish areas and dumpsters shall be housed in a wholly enclosed structure, or completely screened from any parking area or street right-of-way by a vision-obscuring fence or plant material.
(8) Maintenance.
(A) All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials and shall keep them in a proper, neat and orderly appearance free from refuse and debris at all times.
(B) Unhealthy and dead plants that are required as part of these requirements shall be replaced within one-year, or by the next planting season, whichever comes first.
(C) Violation of these maintenance practices shall be a violation of this Code.
(Prior Code, § 1229.07) (Ord. 2009-21, passed 10-27-2009)
§ 157.137 SITE PLAN REVIEW STANDARDS.
(1) Purpose. The provisions contained in this section are established to ensure the safe and efficient movement of traffic, promote the development of a beautiful and well-ordered community, further the goals and objectives of the Long Range Land Use Plan, and best serve the interest of public health, safety and general welfare.
(2) Applicability.
(A) Unless otherwise noted, the standards of this section shall apply to all new construction, substantial renovation, or expansion of a building or site improvements related to all uses.
(B) Single-family dwellings shall be exempt from the requirements of this section.
(C) In addition to the standards of this section, all development subject to site plan review shall meet all other applicable standards of this Code.
(3) Minimum performance standards for structures and uses. Every structure shall be designed, arranged and situated on the site and in relationship to adjacent uses, every use of land or structure shall be conducted, and every lot and every structure shall be maintained, in such a manner that:
(A) The structure or land will not create a nuisance upon the premises;
(B) The structure or land will avoid detrimental or blighting influences upon the neighborhood;
(C) The structure or land will not, by means of noise, toxic gases, fumes, vapors, odors, radiation, light, heat, fire exposure, hazard, vibration or electrical interference, or by other means, unreasonably interfere with or impair the use or enjoyment of neighboring premises, including fluctuation in line voltage; and
(D) The structure or land will not be hazardous to the community on account of such things as the danger of fire or explosion, even when conducted under adequate safeguards.
(4) Site layout.
(A) Relationship to surroundings. Buildings and other structures and uses shall be located and designed in a manner which reduces or eliminates negative impacts on existing or planned uses of abutting sites.
(B) Yards and setbacks. Yards, setback areas and other unenclosed areas of a site shall be constructed and maintained as part of a comprehensive design that contributes to effective use of the site and to the function and quality appearance of the district in which it is located.
(C) Undeveloped areas.
1.) Undeveloped areas reserved for future development shall have locations and configurations which ensure the ability to development the area in compliance with this Code in terms of vehicular and pedestrian circulation, access to utilities, potential for compatibility with the initial phases of development of the site and surroundings, and other characteristics.
2.) Undeveloped areas shall be graded and landscaped for typical maintenance or maintained in a natural state as approved by the PZC.
3.) The PZC may require the applicant to submit a sketch site plan for undeveloped area(s) to evidence the ability for development in compliance with this Code.
(5) Utilities and lighting. All on-site electric and communication utilities shall be installed underground, as well as all supply lines to the parcel.
(6) Signs.
(A) Signs shall be compatible in materials, color, scale, location and orientation with the site and buildings.
(B) Freestanding signs shall be mounted on foundations clad in materials consistent with the main materials of the building.
(C) Signs shall be located to protect sight lines for the safety of vehicles and pedestrians.
(7) Waste storage. The following standards shall apply to waste storage for all uses, except single-family dwellings.
(A) Waste storage areas shall be designed to:
1.) Provide sufficient space and containers to safely and completely store, protect and manage the types and volumes of wastes expected to be generated by the uses of the property;
2.) Minimize noise, odor and visual impacts on abutting properties; or
3.) Maximize efficient storage and removal of the wastes.
(B) Screening of waste areas shall consist of walls, low-maintenance fences, earth mounds, landscaping or a combination of such elements, designed to be consistent with and complementary to the design of other elements of the site.
(C) When a use is proposed which may generate unusual types or quantities of waste, the PZC may require the applicant to provide information sufficient to determine that the proposed waste storage facilities will comply with these guidelines and other applicable laws and regulations.
(Prior Code, § 1229.08) (Ord. 2009-21, passed 10-27-2009)
§ 157.138 TRANSITIONAL AREA STANDARDS.
The following standards shall apply to areas designated as transitional areas in the Long Range Land Use Plan.
(1) Multi-family dwellings in transitional areas. Multi-family dwellings may be permitted; provided the uses meet the following additional requirements:
(A) The maximum density of development shall be five units per acres;
(B) Permitted multi-family dwellings are restricted to townhomes or rowhouses where units may share common walls but shall not be stacked with shared ceiling/floors;
(C) Each unit shall have a separate exterior entrance to serve as the main entrance to the dwelling unit; and
(2) Architectural standards for transitional areas.
(A) Applicability. The following standards shall apply to all new nonresidential development in a transitional area.
(B) Standards.
1.) To the maximum extent feasible, parking areas shall be located to the side or rear of buildings.
2.) Loading spaces shall not face a public street and shall be screened from view of adjacent residential property.
3.) Exterior building materials shall be consistent with those used in the neighboring residential areas. Generally, these materials include brick, wood and stone. Other materials may be used only if the applicant demonstrates that they are consistent with the neighborhood.
4.) Building heights and rooflines for nonresidential uses shall be consistent with those in neighboring residential areas.
5.) Each building facade shall be articulated with a recess, projection or offset. These may include covered porches, covered box or bay windows, or similar features. The wall shall not extend more than three times its length without an additional offset. The offset shall extend for at least five feet.
6.) Each building facade visible from a public street or oriented to an adjoining residential district shall be a finished facade. All roof- or ground-mounted mechanical equipment shall be enclosed or screened from view.
7.) Lighting shall comply with the requirements of § 157.140, and light fixtures shall be of a material and style that is consistent with the neighboring residential areas.
(Prior Code, § 1229.09) (Ord. 2009-21, passed 10-27-2009)
§ 157.139 ARCHITECTURAL STANDARDS.
(1) Purpose. The purpose of these regulations are to further the goals and implement policies in the Long Range Land Use Plan by:
(A) Encouraging visual design interest and a pedestrian site design for large-scale buildings;
(B) Reducing the massive scale and uniform, monolithic appearances of large structures;
(C) Promoting a safe and comfortable pedestrian oriented site with a mixture of uses and sizes of structures;
(D) Demonstrating careful attention to local community design issues will also ensure a greater likelihood of reuse of the structure for subsequent tenants;
(E) Furthering the design excellence and architectural creativity that typifies development in the city; and
(F) Encouraging designs tailored to the community.
(2) Applicability. Unless otherwise noted, the provisions of this section shall apply to all development within the city.
(3) General review guidelines.
(A) Applicability. The provisions of this division shall apply to all development subject to site plan review.
(B) Architectural style.
1.) Sites and structures shall be designed using architectural styles or variations of styles and elements which contribute to a high quality of design in the city, and which are compatible and complementary with nearby high quality structures.
2.) Nothing in this Code shall be interpreted as a prohibition against the use of any style of design; provided that the style is executed in a manner conforming with all provisions of this Code, and unless such style is specifically prohibited in a special design district.
(C) Height, width, scale and proportion.
1.) Structures shall be designed with a height, width, scale and proportion which is consistent and compatible with existing structures on the same, abutting and nearby properties when such structures are determined by the PZC to be appropriate for their location and in conformance with this Code.
2.) No structure shall be constructed with a width that unduly limits accessibility to the rear of the structure or to other areas of the site that may be subject to future development.
(D) Orientation.
1.) The orientation of structures and uses shall be designed to promote efficient use of the site and appropriate relationships with abutting sites and improvements in the district.
2.) Alternative orientations shall be permitted where necessary to minimize disruption of natural grades, to promote positive site drainage or to preserve natural vegetation.
3.) Entries for customers, employees and service activities shall be appropriately located and sized relative to parking, walkways and loading areas on site, and to the public street and circulation patterns of abutting sites.
4.) Design elements and materials shall be consistently applied to facades facing public streets. Lesser amounts of detailing, fewer windows and other variations from the main facades may be approved for rear or side facades not visible from the public street.
(E) Building materials.
1.) Materials specified for exterior surfaces of structures (including buildings, walls, fences and signs) and for landscape features, such as pavements and retaining walls, shall be good quality, durable, low maintenance and appropriate for the exposure, local weather conditions and application.
2.) Buildings shall be comprised of materials that provide for minimal maintenance, provide a high quality of craftsmanship and aesthetics, and are compatible with adjacent properties. Primary materials shall consist of brick, stone and other decorative masonry products (i.e., no standard concrete masonry units).
a.) The following shall be utilized by the DRB and PZC when reviewing building materials as they apply discretion to the design of the building, taking into account the scale and use of the building, and design of the facades (i.e., windows, doors and other design features) to achieve aesthetically-complete principal and nonprincipal facades.
i.) Single-story multi-family buildings shall average a minimum of 60% primary materials on all principal facades and a minimum of 50% on all nonprincipal facades, exclusive of glass, windows and doors.
ii.) Multiple story multi-family buildings shall average a minimum of 65% primary materials on all principal facades and a minimum of 50% on all nonprincipal facades, exclusive of glass, windows and doors.
iii.) Commercial buildings shall average a minimum of 70% primary materials on all principal and a minimum of 60% nonprincipal facades, exclusive of glass, windows and doors.
iv.) Industrial buildings shall average a minimum of 60% primary materials on all principal and nonprincipal facades, exclusive of glass, windows and doors.
v.) Mixed-use buildings shall average a minimum of 70% primary materials on all principal facades and a minimum of 60% on all nonprincipal facades, exclusive of glass, windows and doors.
vi.) Nonmasonry materials, such as stucco, exterior insulation and finish system (EIFS), decorative wood/vinyl sidings, and architectural metals, may be permitted but shall be secondary, exclusive of gable areas.
b.) The DRB and PZC may allow other alternative material(s) as a primary material if it is the basis of an acceptable facade and/or qualifies as a material that meets the intent of this section.
c.) The DRB shall review and make a recommendation to the PZC. The PZC shall consider the DRB’s recommendation but retain discretion to determine the final use of primary and secondary materials as they apply to the various uses. The PZC shall also take into account the exposure to adjacent developed properties and/or land for future development. The DRB and PZC may apply discretion to the percentages noted by either requiring a greater percentage or permitting a lesser percentage of primary materials.
3.) Use of materials which have colors, tones and textures which are compatible with or complementary to the predominant colors, tones and textures of existing buildings and other features on abutting and nearby properties shall be encouraged when such existing structures are determined by the PZC to be appropriate for their location and in conformance with this Code. Creative use of diverse materials or diverse colors of the same materials (such as bands of contrasting brick within a wall or column) shall be encouraged.
(F) Roofs.
1.) Roofs shall be designed to provide adequate, low maintenance protection for structures in a manner compatible with and complementary to the roofs of existing structures on the same, abutting and nearby properties, where such existing structures are determined by the PZC to be appropriate for their location and in conformance with this Code.
2.) Pitched roofs with articulated roof lines (including the introduction of dormers and other roof features appropriate to the building design) and textured surface materials shall be encouraged.
3.) Construction of a low slope roof shall be discouraged where visible from any property having a natural grade higher than the roof.
(G) Entrances and windows.
1.) The locations of entrances and windows shall be functionally related to other site elements, including walkways, parking areas, and landscaped areas and to other built elements on the same and abutting sites.
2.) The main customer entrance shall be located on the main wall of the building and oriented toward the public street, except where an alternative orientation is justified by site characteristics and is approved by the PZC.
3.) All doors shall open directly onto paved walkways. All vehicle doors shall open onto paved drives.
4.) Entries and windows shall be emphasized and articulated with decorative elements, such as trim, architectural detailing, building forms, canopies and covered entries as appropriate for their uses and positions within the site and building design. The design of entries and windows shall be coordinated with other elements of the building facade.
(H) Architectural details.
1.) Architectural details and features shall be appropriate for the design or style of the building. The use of unrelated elements, excessive details or poorly scaled or poorly positioned elements shall be prohibited.
2.) Unadorned or undifferentiated walls shall be prohibited, except where designed as a decorative feature integral to the overall design of the site and building.
(I) Building-mounted utilities/mechanical.
1.) The locations, dimensions and colors of proposed roof-mounted equipment, ducts and other roof-mounted elements not related to the roof structure, shall be designed to minimize their visibility from the ground on or off-site or from abutting properties. Screening shall be installed where necessary to accomplish this objective.
2.) Utility service connections shall be installed underground. Locations where utilities and metering are exposed on exterior walls shall be located out of public view or substantially screened with fences or walls designed to match or complement the design of the building.
(J) Accessory structures. With the exception of two-family dwellings, all accessory structures shall be designed in a manner compatible with the design of the main structure.
(4) Residential design standards.
(A) Applicability.
1.) The anti-monotony standards of division (4)(B) of this section shall apply to new two-family dwelling developments where more than ten residential structures are to be developed.
2.) The multi-family design standards of division (4)(C) of this section shall apply to all multi-family dwellings containing five or more units.
(B) Anti-monotony standards.
1.) Single-family or two-family dwellings in proximity to each other on the street shall not look alike. For the purposes of this requirement, dwellings in proximity shall mean the lot on either side of the subject property and the lots direct across the street from those three lots.
2.) Residential dwellings shall differ from one another in two of the following:
a.) Wall or siding materials;
b.) Architectural style;
c.) Major addition features such as porches or turrets;
d.) Roof type or shape;
e.) Building footprint; or
f.) Window and door orientation.
3.) No requirement of these standards shall be interpreted to require a particular architectural style for any building.
(C) Multi-family design standards.
1.) Each multi-family building shall be articulated by at least two of the following features within each 36-foot length of the facade:
a.) Recesses, projections or offsets of at least two feet in the wall plane;
b.) Distinct individual entrances with functional porches or patios;
c.) Chimneys that project from the wall plane;
d.) Balconies; or
e.) Covered box or bay windows.
2.) No individual building footprint shall be larger than 10,000 square feet.
3.) Buildings shall have one of the roof types described below. The minimum pitch of any sloped roof shall be 6:12. Buildings shall have at least three roof planes that are directly related to building facade articulations.
a.) Sloped roofs;
b.) Combined flat and sloped roofs; provided that the sloped portion(s) forms a substantial part of the building and is related to the integral structure, entries and activity areas; or
c.) Flat roofs with building massing stepped or terraced back to form usable roof terrace area(s).
(5) Architectural standards for large nonresidential buildings.
(A) Applicability. The regulations of this section shall apply to the following development in the nonresidential districts and planned development districts:
1.) New construction equal to or exceeding 50,000 gross square feet;
2.) Additions of 15,000 square feet to an existing building with 50,000 square feet or more of gross floor area. Additionally, these requirements shall apply to the structure portion of the addition and to any portion of the site that is developed as a direct result of increased parking requirements; or
3.) Any addition to a structure or development that has previously been approved under this section.
(B) Design standards.
1.) Prefabricated metal building facades are prohibited, including, but not limited to, corrugated metal, unfinished smooth face concrete block, tilt-up concrete panels, prefabricated steel panels and vinyl siding. Such materials may be used for trim or in areas where it can be demonstrated that the use of other materials is not effective only if authorized by the PZC.
2.) All other general development regulations, including, but not limited to, parking and loading, landscaping, signs, and the site development standards of the subject zoning district shall apply.
3.) Facades or wall planes greater than 100 feet in linear length shall be articulated with recesses or projections, which total at least 25% of that facade. Each recess or projection shall be a minimum of 2% of the length of that facade. No uninterrupted length of any facade shall exceed 75 horizontal feet. Walls may be articulated with doors, windows or other treatments as authorized by the PZC.
4.) Ground floor facades that face public streets or public ways shall have arcades, display windows, entry areas, awnings and other such design features along no less than 60% of that facade. This requirement includes the facade of the building that functions as the rear, yet faces a street.
5.) If the development of the site requires the relocation of existing overhead utilities, all existing utility and electrical lines located along a public right-of-way and/or along the site’s frontage shall be placed underground. The PZC may waive this requirement if the power company determines that placing the utilities underground will pose a threat to safety or the reliability of the overall circuit.
6.) Flat roof designs shall be constructed with parapets to screen HVAC and other roof mounted mechanical equipment from public view. Such parapets shall not exceed 30% of the height of the supporting wall.
7.) Each building facade visible from a public street or oriented to an adjoining residential district shall be a finished facade. All roof- or ground-mounted mechanical equipment shall be enclosed or screened from view.
8.) Strip commercial centers or developments with multiple large structures shall have a unified architectural design, a unified lighting scheme, a unified landscape design and a unified sign plan.
9.) Canopies used for gas stations, car washes, drive-through establishments and other uses shall be constructed of the same materials as the structures in the overall development.
10.) Parking and circulation.
a.) No more than 60% of the overall proposed parking shall be located between the front facade and the abutting street.
b.) There shall be one internal continuous sidewalk of at least five feet in width that provides a direct connection from the public street to the entrance.
c.) All internal pedestrian walkways shall be physically separated from the drive lanes. Additionally, all sidewalks and crosswalks shall be constructed of an impervious surface and shall be visually distinct from the driving surface by use of pavers, bricks or scored concrete.
d.) Sidewalks, at least eight feet in width, shall be provided along any facade featuring a customer entrance, and along any facade abutting public parking areas. At all times, such sidewalks shall maintain a clear pedestrian passage equal to the width of the sidewalk. Additionally, such sidewalks shall connect all customer entrances and to other internal sidewalks.
e.) Overnight parking of RVs, mobile homes and other vehicles providing transient residency is prohibited.
f.) Loading spaces or loading docks shall not be permitted to face a public street.
g.) Loading spaces or loading docks facing or adjoining a residential district shall be screened from view of such residential district.
11.) Pedestrian entrances. Each establishment shall have a clearly defined and highly visible customer entrance or portal as follows.
a.) Single tenants occupying more than 50,000 square feet shall provide for a plaza area of at least 20 feet in depth immediately in front of their entrance(s). It is encouraged that this area be large enough to plant shade trees.
b.) Single tenants occupying more than 20,000 square feet shall provide for a plaza area of at least ten feet in depth immediately in front of their entrance(s).
c.) Single tenants of less than 20,000 square feet shall provide a plaza area of at least eight feet in depth immediately in front of their entrance(s).
d.) With the exception of interior malls, multiple and separate stores located in the same structure shall have at least one exterior customer entrance.
e.) Plaza areas shall incorporate no less than three of the following:
i.) Canopies or porticos;
ii.) Overhangs;
iii.) Recesses/projections;
iv.) Arcades;
v.) Raised corniced parapets over the door;
vi.) Peaked roof forms;
vii.) Arches;
viii.) Outdoor patios;
ix.) Display windows;
x.) Architectural details, such as tile work and moldings which are integrated into the building structure and design; and/or
xi.) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
(C) Modifications.
1.) The Zoning Division may allow minor modifications in the design standards listed in this section if the spirit and intent of this section continues to be adhered to in the overall development design.
2.) Major modifications shall be submitted to the PZC through the site plan review process. The Zoning Division may opt to forward the modifications on to the PZC for review where it is unclear if a modification is a minor change from the approved site plan.
(Prior Code, § 1229.10) (Ord. 2009-21, passed 10-27-2009; Ord. 2016-01, passed 4-26-2016)
§ 157.140 OUTDOOR LIGHTING.
(1) Purpose and scope.
(A) The purpose of this outdoor lighting section is to regulate outdoor lighting in order to reduce or prevent light pollution and to minimize lighting impacts on surrounding properties. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security.
(B) Site lighting shall be designed to provide illumination for specific uses on the site and shall not generate excessive glare or spillover onto abutting properties. Lighting shall be used to promote safe circulation by vehicles and pedestrians, security of persons and property, and accenting of landscaping and building features. Use of lighting for advertising or attention-getting purposes shall be prohibited, except where permitted in signage.
(2) Applicability.
(A) The regulations of this section shall apply to all lighting that illuminates the exterior of a building, structure, open space, parking and loading areas or other feature of a lot.
(B) Photometric lighting plans shall be submitted for approval with all site plans for development in all zoning districts, except the R-R and R-1 Districts.
(3) Height.
(A) All outdoor lighting shall be designed, located and mounted at heights no greater than 12 feet above grade for noncutoff lights and 20 feet above grade for cutoff lights.
(B) Variation of heights greater than as specified above shall be subject to approval by the PZC based upon a lighting plan designed by an architect or engineer citing reasons for variations and methods used to comply with other subsections of this section.
(4) Location. The placement of light poles within raised curb planter areas or landscaped islands is encouraged, but conflicts with parking lot trees that can obscure the lighting shall be avoided through alternative lighting locations.
(5) Shielding. All outdoor lighting for nonresidential uses shall be located, screened or shielded so that adjacent residential lots are not impacted by illumination.
(6) Color and glare.
(A) No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.
(B) Uniform lighting shall be provided to prevent various intensities of lighting throughout the parking area. Such uniform lighting shall be illustrated in the required photometric plan.
(7) Nonconforming outdoor lighting. The nonconforming use may continue until the luminaire is replaced.
(Prior Code, § 1229.11) (Ord. 2009-21, passed 10-27-2009)
§ 157.141 OUTDOOR SALES, DISPLAY AND STORAGE.
(1) Purpose. The purpose of these regulations is to ensure the proper use of land for outdoor displays, sales and storage so as to minimize impacts on surrounding property owners and uses.
(2) Applicability. The provisions of this section shall apply to all uses, except single-family, two-family dwellings, multi-family dwellings and roadside markets that are accessory to an agricultural use.
(3) Exemptions. The following uses, where the outdoor displays and sales are the principal use of the lots, shall be exempt from these regulations:
(A) Motor vehicle sales or rental;
(B) Greenhouses;
(C) Tool rental or sales facilities; and
(D) Similar uses as determined by the BZA.
(4) General standards. All outdoor sales, display and storage areas shall be illustrated on the site plan and shall require approval by the PZC during site plan review process. Existing locations shall meet the criteria as set forth by the following.
(A) Outdoor sales, display and storage areas shall not be located in any required setback, parking and circulation area, right-of-way, or required landscape or screened area.
(B) Such sales, display and storage areas shall be prohibited if they will create any safety hazard for pedestrians. A minimum pathway in areas used for outdoor displays, sales and storage shall be provided to allow for the flow of pedestrian traffic outside of designated vehicular traffic drives. Such pathways shall have a minimum clearance width of five feet or the width required to meet the minimum standards of the Americans with Disabilities Act, being 42 U.S.C. §§ 1201 et seq., County Building Department, whichever is greater.
(C) Where screening or security fencing is provided or required, decorative cast iron, aluminum, wood material or other material as approved by the PZC shall be utilized. Chain link fencing and other wire mesh fencing shall only be permitted where the fencing is not visible from any public right-of-way.
(D) All outdoor sales, display and storage areas shall be maintained free of garbage and other debris.
(5) Standards for outdoor sales and displays. Outdoor sales and displays may be permitted where such sales and display areas comply with the following regulations.
(A) Outdoor sales and displays are prohibited on vacant lots, unless approved in advance by the PZC and only retail commercial uses are permitted in the applicable zoning district. Upon approval, a temporary use permit is to be obtained.
(B) Outdoor sales and displays may be permitted; provided that the merchandise is displayed along the sidewalk, the walkway adjacent to the building or in the side yard.
(C) Outdoor displays and sales of bulk or large products that exceed 20 pounds, including, but not limited to, mulch (bag or bulk), concrete, salt or other similar products that cannot be easily carried into the store for purchase shall be required to meet the requirements for outdoor storage (division (6) of this section).
(D) Outdoor cafes and food service areas may be permitted when they comply with the following regulations:
1.) Outdoor cafes or food service areas located along a sidewalk or between the building and parking area;
2.) Outdoor café and food services areas wider than four feet shall be surrounded by railings that separate the eating area from sidewalk or vehicular traffic;
3.) Umbrellas that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions; and
4.) Enclosing outdoor cafes or food service areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning permit.
(6) Standards for outdoor storage areas. Outdoor storage areas may be permitted where such storage areas comply with the following regulations:
(A) Outdoor storage shall be prohibited on vacant lots;
(B) Only those goods and materials associated with the existing on-site use may be stored or sold in outdoor storage areas;
(C) Outdoor storage may be permitted provided that the storage areas are located in the side or rear yard;
(D) Storage of any goods or materials shall not exceed six feet in height; and
(E) All outdoor storage areas shall be screened from view of the public right-of-way by a six-foot fence in conformance with division (4) of this section. Screening shall not be required if the outdoor storage area is located out of view from any public right-of-way.
(Prior Code, § 1229.12) (Ord. 2009-21, passed 10-27-2009; Ord. 2022-02, passed 3-8-2022)
§ 157.142 RIPARIAN SETBACKS.
(1) Purpose.
(A) The city has determined that the system of streams within the city contributes to the health, safety and general welfare of the residents of the community. The purpose of this section is to protect and preserve the water quality within streams of the city and to protect residents of the city from property loss and damage because of flooding and other impacts of the stream. The city will implement this section by controlling uses and developments within a riparian setback that would impair the ability of the riparian area to:
1.) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters and regulating base flow;
2.) Stabilize the banks of streams to reduce bank erosion and the downstream transport of sediments eroded from stream banks;
3.) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants already present in streams or in runoff before they enter streams;
4.) Provide areas for natural meandering and lateral movement of stream channels;
5.) Reduce the presence of aquatic nuisance species to maintain diverse and connected riparian vegetation;
6.) Provide high quality stream habitats with shade and food to a wide array of wildlife by maintaining diverse and connected riparian vegetation; and
7.) Benefit the city economically by minimizing encroachment on stream channels and reducing the need for costly engineering solutions, such as dams and riprap, to protect structures, and reduce property damage and threats to the safety of watershed residents, and by contributing to the scenic beauty and to the environment of the city, the quality of life of the residents of the city, and corresponding property values.
(B) This section has been enacted to protect these services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.
(2) Establishment and applicability of a riparian setback.
(A) Riparian setbacks are established as provided in this section.
(B) Streams addressed by this section are those which meet the definition of STREAM and are indicated on at least one of the following maps:
1.) USGS topographical map;
2.) City riparian setback map; or
3.) Soils maps located in the soil survey for the county, USDA and NRCS.
(C) Proposed developments that have riparian setbacks located within the property’s boundaries may develop an alternative plan for the enhancement of the riparian corridor. This plan shall be developed by a licensed landscape architect designed with the intent to improve the riparian corridor using vegetation more conducive than natural succession (i.e., invasive species), that allows the free flow of water, that allow humans and nature to enjoy the corridor. Protection of existing native plants to the maximum extent practicable shall be a part of the plan. Plans for riparian corridor improvements shall be approved by the PZC as part of the site or subdivision plan. Absent said plan, the following shall apply.
(D) Widths of setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of a stream, and are established as follows:
1.) A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles;
2.) A minimum of 100 feet on each side of all streams draining an area greater than 20 square miles and up to 300 square miles;
3.) A minimum of 75 feet on each side of all streams draining an area greater than one-half square mile (320 acres) and up to 20 square miles;
4.) A minimum of 50 feet on each side of all streams draining an area greater than 0.05 square mile (32 acres) and up to one-half square mile (320 acres); and
5.) A minimum of 30 feet on each side of all streams draining an area less than 0.05 square mile (32 acres).
(E) The following are exempt from the terms and protection of this section: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tile drainage systems, and stream culverts.
(F) The following shall apply to the riparian setback.
1.) Where the 100-year floodplain is wider than the riparian setback on either or both sides of the stream, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA and subject to review and approval per Ordinance 2002-02.
2.) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the riparian setback formulae for width determination.
3.) Average stream bank slope is to be calculated using methodology outlined in The Ohio Supplement to Urban Hydrology for Small Watersheds, Technical Release Number 55 (TR 55) by USDA, NRCS.
4.) Where wetlands protected under federal or state law are identified within the riparian setback, the riparian setback shall consist of the full extent of the wetlands, plus the following additional setback widths:
a.) A 50-foot setback extending beyond the outer boundary of a Category 3 wetlands;
b.) A 30-foot setback extending beyond the outer boundary of a Category 2 wetlands; or
c.) No additional setback will be required adjacent to Category 1 wetlands.
5.) Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency, and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of these regulations.
6.) The applicant shall be responsible for delineating the riparian setback, including any expansions or modifications as required by divisions (2)(B) through (2)(D) of this section, and identifying this setback on all subdivisions, land development plans and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation shall be subject to review and approval by the County SWCD. As the result of this review, the County SWCD may require further studies from the applicant.
7.) Prior to any land disturbance activity, the riparian setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil-disturbing activities. The delineated area shall be maintained in an undisturbed state, unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
8.) No approvals or permits shall be issued by the city prior to delineation of the riparian setback in conformance with these regulations.
9.) Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the city.
(3) Compliance and violations.
(A) No preliminary plan for a subdivision, zoning permit, or certificate of use and occupancy shall be issued by the city without full compliance with the terms of these regulations, where applicable.
(B) Any person or organization who violates division (5)(B) of this section shall be guilty of a minor misdemeanor and, upon conviction, shall be subject to punishment as provided in § 130.99, and shall be required to restore the riparian setback through a plan approved by the County SWCD.
(C) The provisions of this section may be enforced through civil or criminal proceedings brought by the city or county prosecutor on behalf of the city.
(4) Conflicts with other regulations. Where this section imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract or deed, the provisions of this section shall control.
(5) Uses in a riparian setback.
(A) Permitted uses.
1.) The following uses are permitted by right within the riparian setbacks without prior approval.
a.) Open space uses. Open space uses that are passive in character shall be permitted in the riparian setback, including, but not limited to, those listed in division (5)(A)2.) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately-held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the riparian setback shall be preserved in its natural state.
b.) Recreational activity. Passive recreational uses, as permitted by federal, state and local laws, such as hiking, nonmotorized bicycling, fishing, hunting, picnicking, and similar uses and associated structures, including boardwalks, pathways constructed of pervious material, picnic tables and wildlife viewing areas.
c.) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter shall be anchored to the shore or removed from the 100-year floodplain.
d.) Revegetation and/or reforestation. The revegetation and/or reforestation of the riparian setback shall be allowed without approval of the County SWCD. Species of shrubs and vines recommended for stabilizing flood-prone areas along streams within the city are listed in Appendix A of this part.
2.) The following uses are permitted by right within the riparian setbacks with prior approval of the design.
a.) Stream bank stabilization/erosion control measures. Best management practices (BMPs) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state and federal government regulations, and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a storm water pollution prevention plan (SWPPP or SWP3) by the County SWCD.
b.) Crossings. In reviewing plans for stream crossings, the city may confer with the County SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County Engineer; or the agencies having jurisdiction over sanitary sewer or water, or other technical experts as necessary.
i.) Limited crossings of designated streams through the riparian setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county and state governing agencies and as a part of the regular subdivision review process.
ii.) One driveway crossing per stream per tax parcel will be allowed for individual landowners.
iii.) Roadway crossings for major and minor subdivisions, open space subdivisions or any other nonsingle-family residential use shall be designed and constructed per the city’s design standards and as approved by the PZC. If more than two crossings per 1,000 linear feet of stream center are required for these areas, the applicant must apply for a variance.
iv.) All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the riparian setback and shall mitigate any necessary disturbances.
c.) Placement of storm water retention or detention facilities may be considered within the riparian setback if:
i.) Storm water quality treatment that is consistent with current state standards is incorporated into the basin; or
ii.) The storm water quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
d.) Dredging may be permitted; provided the city or property owner obtains all necessary permits that may be required, and notification and presentation of the plan are provided to the City Engineer for review and approval.
(B) Prohibited uses. The following uses shall be allowed only upon approval by the PZC.
1.) Structures/buildings. Structures/buildings are not recommended in a riparian setback area.
2.) Mineral extraction. There shall be no drilling for petroleum or mineral products, or mining activity, except as permitted under these regulations.
3.) Roads or driveways. Roads and driveways are not recommended to run parallel within a riparian setback area. Perpendicular crossings are permitted upon approval.
4.) Modification of vegetation. Modification of the natural vegetation shall be limited to conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; for such disturbances as are approved under these regulations; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the riparian setback; provided the landowner allows for natural succession.
5.) Parking areas. Parking areas are not recommended within a riparian setback unless approved by the PZC.
6.) New surface and/or subsurface sewage disposal or treatment area. Riparian setbacks shall not be used for the disposal or treatment of sewage except for:
a.) Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this chapter;
b.) Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the riparian setback can be upgraded with approval of the County Health Department and/or the Ohio Environmental Protection Agency; and
c.) Sanitary sewer systems, either public or private, that may need to be sited along riparian corridors to provide for flows and are commensurate with an approved sanitary system approved by the Ohio Environmental Protection Agency.
(C) Nonconforming structures or uses.
1.) Structures and uses within the riparian setback, existing at the time of passage of these regulations may be continued but shall be expanded only upon approval by the PZC.
2.) If damaged or destroyed, these structures or uses may be repaired or restored within two years from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owners’ own risk.
3.) A residential structure or use within the riparian setback existing at the time of passage of these regulations may be expanded subject to the following provisions:
a.) The expansion conforms to existing zoning regulations;
b.) The expansion must not affect the stream channel or the 100-year floodplain; or
c.) The expansion must not exceed an area of 15% of the total footprint of existing structure or use that lies within the riparian setback. Expansions exceeding 15% of the total footprint within the riparian setback must be obtained through the variance process.
4.) Nonresidential structure or use expansions will be permitted only through the review process.
(6) Boundary interpretation and appeals procedure.
(A) When an applicant disputes the boundary of the riparian setback or the ordinary high water mark of a stream, the applicant shall submit evidence to the Planning Department that describes the boundary, presents the applicant’s proposed boundary and presents all justification for the proposed boundary change.
(B) The Planning Department shall evaluate all materials submitted and shall make a written recommendation to the PZC within a reasonable period of time, not to exceed 60 days. A copy of this recommendation shall be submitted to the applicant. If during this evaluation, the city requires further information to complete this evaluation, the applicant may be required to provide additional information.
(C) The PZC shall decide such boundary disputes. The party contesting the location of the riparian setback or the ordinary high water mark of the streams as determined by these regulations shall have the burden of proof in case of any such appeal.
(7) Variance of riparian setback requirements.
(A) Applications for a hearing before the PZC for variances to the provisions of this section shall be submitted to the Planning Department.
(B) The PZC may consult with representatives from the County SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County Engineer; the agencies having jurisdiction over sanitary sewer or water; or other technical experts as necessary to provide the necessary data for the PZC to consider variance requests.
(C) Expansions of residential structures or uses exceeding 15% of the footprint area and expansions of all nonresidential structures or uses are subject to the following:
1.) The expansion conforms to the existing zoning regulations;
2.) The expansion must not impact the stream channel or the 100-year floodplain;
3.) The expansion of a nonresidential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or stream bank erosion to landowners in those areas. A hydrologic study must be completed by nonresidential applicants only as a process of the variance application; or
4.) The expansion of a nonresidential structure or use will not exceed 25% of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the riparian setback.
(D) Requests for variances for subdivisions will be considered for the following:
1.) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare and safety of the residents of the subdivision; and
2.) A reduction of the setback width, not to exceed 10% of the prescribed riparian setback width.
(E) No variances shall be granted for expansion of the following structures or uses:
1.) Facilities which use, store, distribute or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to, asphalt plants, dry cleaners, gasoline service stations and road maintenance facilities; or
2.) Facilities which use, store, distribute or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to storm water runoff around the facility. Such facilities include, but are not limited to, landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.
(F) In reviewing whether to grant variances, the PZC shall consider the following:
1.) The extent to which the requested variance impairs the functions of the riparian area. This determination shall be based on sufficient technical and scientific evidence as provided by the applicant and the agencies listed in divisions (7)(A) through (7)(E) of this section;
2.) The soil type and natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain; and
3.) The degree of hardship these regulations place on the applicant and the availability of alternatives to the proposed activity.
(8) Inspection.
(A) The riparian setback shall be inspected by the city:
1.) When a preliminary subdivision plat or other land development plan is submitted to the city;
2.) When a building or zoning permit is requested; and
3.) Prior to any request for a land disturbance permit, to allow the city to inspect the delineation of the riparian setback as required under these regulations.
(B) The riparian setback shall also be inspected annually or as time permits by the city or approved monitoring entity for compliance with any approvals under these regulations or at any time evidence is brought to the attention of the city that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.
(C) Violations of these regulations will be handled as noted in Ch. 1230.
(Prior Code, § 1229.13) (Ord. 2009-21, passed 10-27-2009; Ord. 2012-23, passed 11-13-2012)