Greenfield City Zoning Code
TITLE ONE
Zoning
1101.01 TITLE.
This Code shall hereinafter be known and cited as "Village of Greenfield," and hereinafter referred to as the/this "Code" or "these regulations."
(Ord. 32-2020. Passed 1-19-21.)
1101.03 PURPOSE AND INTENT.
(a) In adopting this Code, Council has given reasonable consideration to, among other things:
(1) The comprehensive plan;
(2) Current conditions and the character of current structures and uses in each district;
(3) The most desirable use for which the land in each district is adapted;
(4) The conservation of property values throughout the Village of Greenfield; and,
(5) Responsible development and growth of the Village of Greenfield and hereby adopts this Code for the following purposes:
i. To promote the achievement of the Comprehensive Land Use Plan for the Village;
ii. To advance the position of the Village as a center of commerce, industry, recreation and culture;
iii. To provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities, with adequate provision for sunlight, fresh air and usable open space;
iv. To protect residential, commercial, industrial and civic areas from the intrusions of incompatible uses, and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationship to each other and to share services;
v. To ensure preservation of adequate space for commercial, industrial and other activities necessary for a healthy economy;
vi. To promote safe, fast and efficient movement of people and goods without sacrifice to the quality of the Village's environment and to provide adequate off-street parking;
vii. To stabilize expectations regarding future development of the Village's, thereby providing a basis for wise decisions with respect to such development;
viii. To preserve and enhance the quality of the Village's environment;
ix. To provide for effective signage that is compatible with the surrounding urban environment; and
x. To maintain the safety and potability of public water supplies located within the Village.
(Ord. 32-2020. Passed 1-19-21.)
1101.05 APPLICABILITY.
(a) In their interpretation and application, the provisions of this Code shall be held to be minimum requirements (unless a maximum standard is established) adopted for the promotion of the public health, safety, convenience, comfort, prosperity or general welfare. Wherever the requirements of the Code are at variance with the requirements of any other lawfully adopted rules, regulations, codes, deed restrictions or covenants, the provisions of this Code shall control.
(b) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or altered except in conformity with all of the regulations herein specified for the zone or district in which it is located. (Ord. 32-2020. Passed 1-19-21.)
1101.07 RULES FOR INTERPRETING DISTRICT BOUNDARIES.
(a) The following rules shall apply to the interpretation of district and zone boundaries on the Zoning Map:
(1) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(3) Boundaries indicated as approximately following Village limits shall be construed as following such Village limits;
(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
(5) Boundaries indicated as following shorelines shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;
(6) Boundaries indicated as parallel to or extensions of features listed above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
(b) Lots Divided by District Boundaries.
(1) Where a district boundary line divides a lot that was in single ownership at the time of passage of this Code, the Planning Commission may permit the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot.
(Ord. 32-2020. Passed 1-19-21.)
1101.09 RULES OF MEASUREMENT AND CALCULATION.
(a) Height Measurement.
(1) Building height is measured as the distance between a horizontal line at the average existing pre- development grade of the lot directly beside the structure, and the highest point of the coping of a flat roof, the top of a mansard roof, the midpoint of any pitched gable, hip or the upper portion of a gambrel roof, or measured between the top floor ceiling and the peak of the roof on an "A" framed structure. Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy are not included in calculating height and may extend above the height limit.
(b) Measuring Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between them.
(c) Measuring Setbacks.
(1) The front street setback is measured at a right angle from the right-of-way line.
(2) Where a lot extends through the block from street to street, the required front yard must be provided along each street.
(3) The side street setback is measured at a right angle from the side street right-of-way line.
(4) The rear setback is measured at a right angle from the rear lot line or the rear right-of-way or easement line where there is an alley. The rear lot line is the lot line opposite to the front street lot line. Where there is more than one front street, the Zoning Administrator will determine the rear lot line
(5) All lot lines which do not front a street, side street or rear lot lines are considered side interior lot lines.
(6) For the purpose of measuring setbacks, side interior setbacks are measured at a right angle from the side lot line.
(d) Determining Average Grade. Average grade is determined by calculating the average of the highest and lowest elevation along.
(e) Yards, Open Space, and Parking. Unless otherwise permitted herein, no part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(f) Lot or Yard Dimensions. No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum or above the maximum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum or maximum requirements established by this Code. The Zoning Administrator will determine setbacks for irregular shaped lots.
(g) Permitted Encroachments into Setbacks.
(1) Fences and walls may encroach into a required setback.
(2) Sidewalks and driveways may encroach into a required setback.
(3) A required buffer yard may encroach into a required setback.
(4) Landscaping may encroach into a required setback.
(5) Building eaves, roof overhangs, gutters, downspouts, light shelves, bay windows and oriels less than ten (10) feet wide, chimneys, flues cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to three (3) feet into a required setback, provided that such extension is at least two (2) feet from the vertical plane of any lot line.
(6) Unenclosed patios, decks, terraces or porte cochere may encroach into a side interior or rear setback, provided that such extension is at least three (3) feet from the vertical plane of any lot line.
(7) An awning, canopy or gallery may encroach into a front or side street setback provided that such extension is at least one (1) foot from the vertical plane of any lot line.
(Ord. 32-2020. Passed 1-19-21.)
1101.11 RULES OF INTERPRETATION.
(a) Whenever a defined word appears in the Code, its meaning is as set forth in this article. Words not defined in this Code are interpreted in accordance with their usual dictionary meaning and customary usage.
(b) All references to other regulations or manuals in this Code refer to the most current version and citation for those regulations or manuals, unless expressly indicated otherwise. When the referenced regulations or documents have been repealed and not replaced by other regulations or manuals, Code requirements for compliance are no longer in effect.
(c) Illustrations, diagrams, and flowcharts are included in this Code to illustrate the intent requirements of the text. In the case of a conflict between the text and any illustration, diagram, or flowchart, the text controls.
(d) Except as otherwise notes, any fraction greater than or equal to five tenths (0.5) will be rounded up to the nearest whole number. Any fraction less than five tenths (0.5) will be rounded down to the nearest whole number.
(e) The language of this Code shall be interpreted in accordance with the following regulations:
(1) The word "person" includes a firm, association, organization, partnership, trust, limited liability company, corporation, or other legal entity, as well as an individual.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, in each case, if the context so requires.
(3) The word "shall" is mandatory, the word "may" is permissive.
(4) The words "used" or "occupied" include the words "intended", "designed", "constructed", "altered", or "arranged" to be used or occupied.
(5) The word "lot" includes the words "plot", "tract", or "parcel".
(6) The terms "standards", "regulations", and "requirements" are used to mandate a specific course of action or built outcome.
(7) Section headings are provided for ease of use and organization and shall not be interpreted as regulatory.
(8) Where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", " "either ... or", the conjunction shall be interpreted as follows:
(9) "And" indicates that all the connected items, conditions, provisions or events shall apply.
(10) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(11) "Either ... or" indicates that all the connected items, conditions, provisions or events shall apply singly but not in combination.
(Ord. 32-2020. Passed 1-19-21.)
1101.13 MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this Code shall be held to be minimum requirements (unless a maximum requirement is expressly provided) adopted for the promotion of the public health, safety, morals, and general welfare. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations, codes, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern. Wherever special or unusual conditions or circumstances exist, or wherever there is an apparent safety hazard, the Planning Commission may prescribe additional requirements in order to promote and protect the health, safety, morals and general welfare of the Village. The regulations contained in each district or zone herein shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(Ord. 32-2020. Passed 1-19-21.)
1101.15 EFFECT OF ANNEXATION ON ZONING.
(a) When a lot developed with an agricultural use or one (1) single-family dwelling is annexed into the Village, it shall be classified as Residential Estate (RE) zone upon passage of the ordinance accepting the annexation.
(b) When a lot developed with a use other than agriculture or one (1) single-family dwelling is annexed into the Village, the applicant may file for a district amendment within six (6) months from the date of the passage of the accepting ordinance without assessment of a fee. The applicant may request the zoning classification be changed in accordance with the procedures set forth under Chapter 1107. Otherwise, the lot shall be classified as Neighborhood Suburban (NS) zone upon adoption of the ordinance accepting the annexation.
(c) When a lot owned by any public authority is annexed into the Village via annexation, it shall be classified as Neighborhood Suburban (NS) zone upon adoption of the ordinance accepting the annexation.
(d) Any land within the Village not designated or otherwise included within another zoning district shall be included in the Neighborhood Suburban (NS).
(Ord. 32-2020. Passed 1-19-21.)
1101.17 PRIVATE PROVISIONS.
The provisions of this Code are not intended to nullify, abolish or repeal any easement, covenant or other private agreement or restriction.
(Ord. 32-2020. Passed 1-19-21.)
1101.19 CONFLICTING PROVISIONS.
In the case of any conflict or inconsistency between two or more provisions of this Code (e.g., the restrictions set forth in an overlay district versus the restrictions set forth in a base district) or any other Village ordinance, the provision which imposes the greater or higher or more restrictive standard shall control.
(Ord. 32-2020. Passed 1-19-21.)
1101.21 DETERMINATION OF LAND USES NOT LISTED IN THIS CODE.
It is recognized that this Code may require interpretation to assign all possible uses to individual zones or districts. Therefore, any use which is not specifically set forth in this Code shall be reviewed by the Zoning Administrator for consistency with the intent set forth in each district and for compatibility with use characteristics typical of uses permitted within those zones or districts. Based upon this review, the City Manager shall determine the appropriate district or zone for any use which is not specifically set forth herein. In case of disagreement with the determination of the City Manager in assigning a use to an appropriate district or zone, any aggrieved party may file an appeal with the Board of Zoning Appeals.
(Ord. 32-2020. Passed 1-19-21.)
1101.23 SAVING PROVISION FOR IMPENDING ENFORCEMENT ACTIONS.
(a) Except as shall be expressly provided for in this Code, the adoption of this Code shall not:
(1) Nullify or make void any action pending under, or by virtue of, any prior zoning code or subdivision code;
(2) Discontinue, nullify, void, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior zoning code or subdivision code;
(3) Affect the liability of any person, firm, or corporation under, or by virtue of, any prior zoning code or subdivision code;
(4) Waive any right of the Village under any section or provision of any prior zoning code or subdivision code; or,
(5) Vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the Village under, or by virtue of, any prior zoning code or subdivision code.
(Ord. 32-2020. Passed 1-19-21.)
1103.01 GENERAL REQUIREMENTS.
(a) No land shall be used or occupied and no structures shall be designed, erected, altered, used, or occupied except in conformity with all of the regulations, compliance with all design standards, and upon performance of all conditions attached to any special or conditional use permit (CUP), variance, appeal, conditional rezoning, or master site plan approved pursuant to this Section.
(b) No person, firm, or corporation and no officer or employee (either as owner or as participating principal, agent, servant, or employee of such owner) shall sell, rent, or lease, or offer or attempt to sell, rent, or lease, any land or structure upon the representation, falsely made and known to be false, that such land or structure may be used or occupied in a manner or for a use prohibited by this Section.
(Ord. 32-2020. Passed 1-19-21.)
1103.03 ESTABLISHMENT OF DISTRICTS.
(a) Tier System.
(1) The Village of Greenfield finds that its rural, sub- urban, and urban areas have substantially different physical, geographic, and functional characteristics that require alternative regulatory treatment. Rural areas are largely undeveloped and are characterized by woodlands, agricultural lands, horse farms, and scattered residential and commercial uses at very low densities. Suburban areas are automobile oriented, with auto-medium densities, front-loaded garages, and separate commercial areas. Residents of suburban neighborhoods desire a living environment that favors the values of security and privacy. Urban neighborhoods are more compact and pedestrian friendly, reflecting traditional community character and architecture. Residents of urban neighborhoods prefer a strong sense of community and a mixed-use living environment.
(2) A rural tier, a suburban tier, and a traditional tier are established by this section in order to provide a framework for assigning land-use categories, zoning districts, and development standards. The tiers are shown on the official zoning map.
Zoning District | Tier |
“RE” (Residential Estate) | Rural or suburban |
“NS” (Neighborhood Suburban) | Suburban |
“NU” (Neighborhood Urban) | Traditional |
“CN” (Commercial Neighborhood) | Traditional or suburban |
“CG” (Commercial General) | Traditional or suburban |
“D” (Downtown) | Traditional |
“IL” (Industrial Light) | Suburban |
“IH” (Industrial Heavy) | Traditional or suburban |
(b) Base Zoning District. The Village of Greenfield is divided into the zoning districts shown in Table 1103-1.
(c) Zoning Districts (Additional). Additional zoning districts may be added from time to time upon the recommendation of the Planning Commission to the Village of Greenfield Council pursuant to Code Amendments in Chapter 1107, Administration and Procedures, of the Planning and Zoning Code. (Ord. 32-2020. Passed 1-19-21.)
1103.05 OFFICIAL ZONING MAP.
The maps delineating the boundaries of the various zoning districts, together with all matters and things shown on such maps, are adopted and approved, and collectively constitute the "official zoning map." The official zoning map is incorporated by reference and made a part of the zoning code. These maps are on file in the office of the Building and Zoning Inspector and in the office of the Clerk or Recorder of the Village of Greenfield. All amendments to the official zoning map shall be listed in the order adopted in a separate register maintained in and kept current by the Building and Zoning Inspector. The official zoning map carries the zoning district designations established in this Chapter.
(Ord. 2-2024. Passed 2-5-24.)
1103.07 ZONING DISTRICT BOUNDARIES.
(a) When definite distances in feet are not shown on the zoning map, the following rules apply:
(1) Boundaries indicated as approximately following the right-of-way or centerlines of streets, highways, or alleys shall be construed to follow such right-of-way or centerlines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(3) Boundaries indicated as approximately following Village of Greenfield limits shall be construed as following Village of Greenfield limits;
(4) Whenever any street, alley, or other public way not subject to zoning regulations is vacated by official action of the Village of Greenfield, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the center of such vacation, and all areas so involved shall then be subject to all regulations of the extended districts; and
(5) Where physical or cultural features existing on the ground vary from those shown on the official zoning maps, or in other circumstances where the zoning boundary is unclear, the Building and Zoning Inspector shall interpret the district boundaries with appeal to the board of adjustment.
(Ord. 32-2020. Passed 1-19-21.)
1103.09 BASE ZONING DISTRICTS - GENERALLY.
No development approval shall be issued unless the proposed development conforms to the design regulations prescribed within the applicable zoning district. Rules for interpreting the design regulations are included in the lot layout, height, and density/intensity standards.
(Ord. 32-2020. Passed 1-19-21.)
1103.11 USE REGULATIONS.
(a) Generally. No use is permitted unless it is listed as a permitted or conditional use in this section. Those uses permitted as principal uses or buildings within each zoning district are those uses listed in the use matrix (Table 1103-2).
(b) Uses Not Mentioned. A use not specifically mentioned or described by category in the use matrix (Table 1103-2) is prohibited. Evaluation of these uses shall be as set forth in subsection (d) Interpretation-Materially Similar Uses of this Section.
(c) Uses Preempted by State Statue. Notwithstanding any provision of this section to the contrary, uses that are required to be permitted in any zoning district by state statute may be permitted in accordance with state law whether or not the use is included in the use matrix (Table 1103-2).
(d) Interpretation - Materially Similar Uses. The Building and Zoning Inspector shall determine if a use not mentioned can reasonably be interpreted to fit into a use category where similar uses are described. Interpretations may be ratified by the Village Council upon recommendation by the Planning Commission at a regularly scheduled meeting. It is the intent of this Section to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses authorized by a CUP. Uses not listed as a permitted use or CUP are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the use matrix (Table 1103-2), and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Building and Zoning Inspector shall determine whether a materially similar use exists in this section. Should the Building and Zoning Inspector determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the Building and Zoning Inspector's decision shall be recorded in writing. Should the Building and Zoning Inspector determine that a materially similar use does not exist, the matter may be referred to the Planning Commission for consideration for amendment to the zoning code to establish a specific listing for the use in question. Unless an appeal is timely filed pursuant to Section 1107.09 Appeals to the Building and Zoning Inspector of the code, the Building and Zoning Inspector's decision is valid. If, when seeking periodic ratification of interpretations, the Building and Zoning Inspector's interpretation is reversed then decisions made in reliance on the Building and Zoning Inspector's interpretation are in violation of the zoning code.
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Residential buildings | |||||||
Single-family detached dwellings | P | P | - | - | P | - | - |
Single-family attached dwelling | - | P | - | - | P | - | - |
Two-family dwelling | - | P | - | - | P | - | - |
Zero lot line or row houses | - | P | - | - | P | - | - |
Accessory dwelling units | P | P | - | - | P | - | - |
Accessory apartments | P | P | - | - | P | - | - |
Townhouses | - | P | - | - | P | - | - |
Manufactured housing, residential design | - | P | - | - | - | - | - |
Manufactured housing, other | - | - | - | - | - | - | - |
Multifamily dwellings | - | P | - | - | P | - | - |
Retirement housing services | - | P | - | - | P | - | - |
Congregate living services | - | P | - | - | P | - | - |
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Residential buildings (Cont.) | |||||||
Assisted living services | - | P | - | - | P | - | - |
Life care or continuing care services | - | P | - | - | P | - | - |
Skilled nursing services | - | P | - | - | P | - | - |
Community home | P | P | P | - | P | - | - |
Single-room occupancy units | - | - | - | - | P | - | - |
Temporary structures, tents, etc., for shelter | - | C | - | C | P | - | - |
Other structurally converted buildings | - | - | - | - | P | - | - |
Hotels, motels, or other accommodation services | |||||||
Bed-and-breakfast inn | - | C | P | P | P | - | - |
Rooming and boarding house | - | C | P | C | P | - | - |
Hotel, motel, or tourist court | - | - | P | P | P | P | - |
Commercial buildings | |||||||
Commercial center | P | P | P | P | P | P | P |
Shop or store building with drive-through facility | - | - | - | P | P | - | - |
Restaurant, with incidental consumption of alcoholic beverages | - | - | - | - | P | P | - |
Stand-alone store or shop building | - | - | P | P | P | - | - |
Department store building | - | - | P | P | P | - | - |
Warehouse discount store/superstore | - | - | - | P | P | - | - |
Market shops, including open markets | - | - | P | P | P | - | - |
Market shops, including open markets | - | - | P | P | P | - | - |
Gasoline station | - | - | - | - | - | - | P |
Automobile repair and service structures | - | - | - | - | - | - | P |
Car dealer | - | - | - | P | - | - | - |
Bus, truck, mobile home, or large vehicle dealers | - | - | - | - | - | - | P |
Bicycle, motorcycle, all-terrain vehicle dealers | - | - | - | P | P | - | - |
Boat or marine craft dealer | - | - | - | P | - | - | - |
Parts, accessories, or tires | - | - | C | P | P | - | - |
Table 1103-2
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Commercial buildings (Cont.) | |||||||
Gasoline services | - | - | - | - | - | - | P |
Lumberyard and building materials | - | - | - | P | C | P | P |
Outdoor resale business | - | - | - | P | P | P | P |
Beer, wine, and liquor store (off-premises consumption of alcohol) | - | - | - | - | P | - | - |
Shopping center | - | - | P | P | P | - | - |
Convenience stores or centers | - | - | P | P | P | - | - |
Car care center | - | - | - | - | - | - | P |
Car washes | - | - | - | P | - | - | P |
Office or bank building, stand-alone (without drive-through facility) | - | - | P | P | P | - | - |
Office building (with drive-through facility) | - | - | - | P | P | - | - |
Office or store building with residence on upper floor(s) | - | - | P | P | P | - | - |
Office building over storefronts | - | - | P | P | P | - | - |
Research-and- development services (scientific, medical, and technology) | - | - | C | P | P | P | P |
Car rental and leasing | - | - | - | - | - | - | P |
Leasing trucks, trailers, recreational vehicles, etc. | - | - | - | - | - | - | P |
Services to buildings and dwellings (pest control, janitorial, landscaping, carpet/upholstery cleaning, parking, and crating) | - | - | - | P | P | P | P |
Bars, taverns, and nightclubs | - | - | - | - | P | - | - |
Camps, camping, and related establishments | C | - | - | P | - | - | - |
Industrial buildings and structures | |||||||
Light industrial structures and facilities | - | - | - | - | - | P | P |
Loft building | - | - | - | - | P | P | P |
Mill-type factory structures | - | - | - | - | - | C | P |
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Industrial buildings and structures (Cont.) | |||||||
Manufacturing plants | - | - | - | - | - | - | P |
Industrial parks | - | - | - | - | - | P | P |
Laboratory or specialized industrial facility | - | - | - | - | P | P | P |
Assembly and construction-type plants | - | - | - | - | - | - | P |
Process plants (metals, chemicals, etc.) | - | - | - | - | - | - | P |
Construction-related businesses | - | - | - | - | P | C | P |
Automotive wrecking and graveyards, salvage yards, and junkyards | - | - | - | - | - | - | P |
Demolition business | - | - | - | - | - | - | P |
Recycling business | - | - | - | - | - | - | P |
Warehouse or storage facility | |||||||
Mini warehouse | - | - | - | P | C | P | P |
High-rise mini warehouse | - | - | - | - | - | C | P |
Warehouse structure | - | - | - | - | - | C | P |
Procedure warehouse | - | - | - | - | - | C | P |
Refrigerated warehouse or cold storage | - | - | - | - | - | C | P |
Large area distribution or transit warehouse | - | - | - | - | - | C | P |
Wholesale trade - durable goods | - | - | - | - | - | C | P |
Wholesale trade - nondurable goods | - | - | - | - | - | C | P |
Warehouse and storage services | - | - | - | - | - | C | P |
Tank farms | - | - | - | - | - | C | P |
Public assembly structures | |||||||
Performance theater | - | - | P | P | P | - | - |
Movie theater | - | - | P | P | P | - | - |
Amphitheater | - | - | P | P | P | - | - |
Indoor games facility | - | - | P | P | P | - | - |
Amusement, sports, or recreation establishment (not specifically enumerated) | - | - | P | P | P | - | - |
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Public assembly structures (Cont.) | |||||||
Amusement or theme park | - | - | - | P | - | - | - |
Arcade | - | - | P | P | P | - | - |
Miniature golf establishment | - | - | C | P | C | P | P |
Fitness, recreational sports, gym, or athletic club | - | - | P | P | P | P | P |
Bowling, billiards, pool, etc | - | - | P | P | P | - | - |
Skating rinks | - | - | P | P | P | - | - |
Sports stadium or arena | - | - | - | P | P | P | P |
Racetrack | - | - | - | P | - | - | - |
Exhibition, convention or conference structure | - | - | P | P | P | - | - |
Churches, temples, synagogues, mosques, and other religious facilities | P | P | P | P | P | P | P |
Covered or partially covered atriums and public enclosures | - | - | P | P | P | P | P |
Active open space/athletic fields/golf courses | P | P | P | P | P | P | P |
Passive open space | P | P | P | P | P | P | P |
Institutional or community facilities | |||||||
Hospital building | - | - | - | P | P | P | P |
Medical clinic building | - | - | P | P | P | P | P |
Child and youth services | - | - | P | P | P | - | - |
Day care center | C | C | P | P | P | P | P |
Community Bakery services | - | - | C | P | P | - | - |
Emergency and relief services | - | - | C | P | P | - | - |
Other family services | - | - | C | P | P | - | - |
Services for elderly and disabled | - | - | P | P | P | - | - |
Animal hospitals | C | C | P | P | P | P | - |
Hospital building | - | - | - | P | P | P | P |
Fire and rescue station | - | - | P | P | P | - | - |
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Institutional or community facilities (Cont.) | |||||||
Police station | - | - | P | P | P | - | - |
Emergency operation center | - | - | P | P | P | - | - |
Correctional or rehabilitation facility | - | - | - | - | - | - | P |
Cemetery, monument, tombstone, or mausoleum | C | C | C | C | C | C | C |
Funeral homes | - | - | C | P | P | - | - |
Cremation facilities | - | - | - | - | - | - | P |
Public administration | - | - | P | P | P | P | P |
Post offices | - | - | P | P | P | P | P |
Space research and technology | - | - | - | - | P | P | - |
Clubs or lodges | - | - | - | P | P | - | - |
Transportation-related facilities | |||||||
Automobile parking facilities | - | - | - | P | P | - | - |
Surface parking, open | - | - | C | P | P | P | P |
Surface parking, covered | - | - | C | C | C | C | P |
Multistoried parking structure with ramps | - | - | - | C | C | P | P |
Bus or truck maintenance facility | - | - | - | - | - | C | P |
Truck and freight transportation services | - | - | - | - | - | C | P |
Road, ground passenger, and transit transportation | P | P | P | P | P | P | P |
Local transit systems - includes mixed mode | P | P | P | P | P | P | P |
Local transit systems - bus, special needs, and other motor vehicles | P | P | P | P | P | P | P |
Taxi and limousine service | - | - | P | P | P | P | P |
School and employee bus transportation | P | P | P | P | P | P | P |
Towing and other road services | - | - | - | P | P | P | P |
Railroad facility | - | - | - | - | - | - | P |
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Utility and other nonbuilding structures | |||||||
Utility structures on right-of-way | P | P | P | P | P | P | P |
Water supply pump station | P | P | P | P | P | P | P |
Water tank (elevated, at grade, underground) | P | P | P | P | P | P | P |
Wells | P | P | P | P | P | P | P |
Water treatment and purification facility | - | - | - | C | - | P | P |
Water reservoir | - | - | - | P | - | P | P |
Irrigation facilities | P | P | P | P | P | P | P |
Wastewater institutional or pumping station facility; lift stations | - | - | - | - | - | P | P |
Solid waste landfill facility | - | - | - | - | - | P | P |
Incinerator, composting, or similar facility | - | - | - | - | - | - | P |
Hazardous waste collection | - | - | - | - | - | - | P |
Hazardous waste treatment and disposal | - | - | - | - | - | - | P |
Solid waste collection | - | - | - | - | - | - | P |
Waste treatment and disposal | - | - | - | - | -- | - | P |
Septic tank and related services | - | - | - | - | - | - | P |
Hazardous waste storage facility | - | - | - | - | - | - | P |
Sewer treatment plant | - | - | - | - | - | - | p |
Gas or electric power generation facility | - | - | - | - | - | - | P |
Communication towers | - | - | - | - | - | - | P |
Radio, television, or wireless transmitter | C | C | C | C | C | C | C |
Weather stations or transmitters | - | - | - | - | - | - | P |
Environmental monitoring station (air, soil, etc.) | - | - | - | - | - | - | P |
Sign, free-standing (must comply with the Village of Greenfield code) | A | A | A | A | A | A | A |
Billboard (must comply with the Village of Greenfield code) | - | - | - | - | - | - | - |
Uses | RE, NS | NU | CN | CG | D | IL | IH |
Utility and other nonbuilding structures (Cont.) | |||||||
Highway rest stops and welcome centers | P | P | P | P | P | P | P |
Roadside stand, pushcarts, etc. | P | P | P | P | P | P | P |
Kiosks | P | P | P | P | P | P | P |
Playground equipment | P | P | P | P | P | P | P |
Fountain, sculpture, or other aesthetic structure | P | P | P | P | P | P | P |
Outdoor stage, bandstand, or similar structure | - | - | C | P | P | P | P |
Agriculture, forestry, fishing, and hunting | |||||||
Grains silos and other storage structure for grains and agriculture products | P | P | P | P | - | P | P |
Animal production, including slaughter | - | - | - | - | - | - | - |
Greenhouses/nurseries | - | - | - | - | P | - | P |
Stables and other equine-related facilities | - | - | - | - | - | - | P |
Kennels and other canine-related facilities | - | - | P | P | P | P | P |
Apiary and other related structures | P | P | P | P | P | P | P |
Crop production | P | P | P | P | P | P | P |
Support functions for agriculture and forestry | - | - | P | P | P | P | P |
Mining and extraction establishments | |||||||
Oil and natural gas | - | - | - | - | - | - | P |
Metals (iron, copper, etc.) | - | - | - | - | - | - | P |
Coal | - | - | - | - | - | - | P |
Nonmetallic mining | - | - | - | - | - | - | P |
Quarrying and stone cutting | - | - | - | - | - | - | C |
RE = Residential Estate; NS = Neighborhood Suburban; NU = Neighborhood Urban; CN = Commercial Neighborhood; CG = Commercial General;; D = Downtown; IL = Industrial Light; IH = Industrial Heavy; P = permitted uses; C = conditional uses; A = accessory uses; and NAICS = North American Industry Classification System. A dash ("-") indicates prohibited uses
Zoning District | RE | NS | NU | CN | CG | D | IL | IH |
Lot size (minimum, square feet) | 43,560 | 20,000 | 5,000 | - | - | - | - | - |
Density (maximum, dwelling units per gross acre) | 1.5 | 2 | 12 | - | - | - | - | - |
Frontage (minimum, feet) | 100 | 65 | 30 | 10-150 | 40 | - | 50 | 50 |
Lot width (minimum, feet) | 100 | 65 | 40 | - | - | - | 50 | 50 |
Lot width (maximum, feet) | - | - | 150 | - | - | - | - | - |
Height (maximum, feet) | 35 | 35 | 35 | 35 | 48 | 80 | 50 | 50 |
Stories (maximum) | 2 ½ | 2 ½ | 2 ½ | 2 ½ | 4 | 6 | 5 | 5 |
Front setback (minimum, feet) | 30 | 20 | 10 | 0 | 5 | 0 | 20 | 20 |
Maximum front setback (maximum, feet) | - | - | 35 | 15 | 100 | 10 | - | - |
Side setback (minimum, feet) | 15 | 5 | 5 | 10 | - | - | 20 | 20 |
Rear setback (minimum, feet) | 30 | 20 | 20 | 30 | 30 | - | 30 | 30 |
Lot coverage (percent) | 15 | 15 | 10 | 70 | 80 | - | 70 | 80 |
(Ord. 32-2020. Passed 1-19-21.)
1103.15 DIMENSIONAL REGULATIONS.
The lot design (frontage, setback, and coverage) and building design (height) requirements are established in each zoning district regulation below. Each district includes an illustration of the design regulations. To the extent that there is any inconsistency between the illustration and written regulations in each district, the written regulations govern. A summary of the dimensional regulations is provided in Table 1103-3 for the convenience of the reader. To the extent of any inconsistency between the summary provided in Table 1103-3 and the zoning district regulations, the zoning district regulations control.
(Ord. 32-2020. Passed 1-19-21.)
1103.17 RESIDENTIAL ESTATE (RE) DISTRICT.
Residential Estate districts are the designation for a low-density residential use on a lot that is a minimum of one (1) acre. "RE" districts implement the following policies by:
• Ensuring that proposed land uses and development are compatible in their use, character, and size to the site and the surrounding areas;
• Based on a comprehensive land-use plan, encouraging more intensive development in and near neighbor- hood centers with less intensive development between neighborhood centers, and implementing these changes through zoning; and
• Encouraging patterns of urban development that provide a full range of housing choices and promoting a sense of community, urban vitality, and the efficient provision of infrastructure.
(b) Dimensional Standards. The dimensional standards within the "RE" (Residential Estate) district are outlined in Table 1103-4 (see Figure 1103-1).
(c) Building Design. Building design shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "RE" |
Lot size (minimum, square feet) | 43,560 |
Density (maximum, dwelling units per gross acre) | 1.5 |
Frontage (minimum, feet) | 100 |
Lot width (minimum, feet) | 100 |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 35 |
Stories (maximum) | 2½ |
Front setback (minimum, feet) | 30 |
Maximum front setback (maximum, feet) | - |
Side setback (minimum, feet) | 15 |
Rear setback (minimum, feet) | 30 |
Lot coverage (maximum, percent) | 10 |
(Ord. 32-2020. Passed 1-19-21.)
1103.19 NEIGHBORHOOD SUBURBAN (NS).
Neighborhood Suburban districts provide areas for low-density, single-family uses that provide a buffer between the agricultural and "RE" (Residential Estate) classifications and higher density. Minimum lot size requirements are provided in order to allow for market and design flexibility while preserving neighborhood character. "NS" districts encourage more intensive development in and near neighborhood centers with less intensive development between neighborhood centers. They provide a full range of housing choices and promote a sense of community, urban vitality, and the efficient provision of infrastructure.
(b) Dimensional Standards. The dimensional standards within the "NS" (Neighborhood Suburban) district are outlined in Table 1103-5 (see Figure 1103-2).
(c) Building Design. Building design shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "NS" |
Lot size (minimum, square feet) | 20,000 |
Density (maximum, dwelling units per gross acre) | 2 |
Frontage (minimum, feet) | 65 |
Lot width (minimum, feet) | 65 |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 35 |
Stories (maximum) | 2½ |
Front setback (minimum, feet) | 20 |
Maximum front setback (maximum, feet) | - |
Side setback (minimum, feet) | 5 |
Rear setback (minimum, feet) | 20 |
Lot coverage (maximum, percent) | 15 |
Maximum building size (individual) | - |
Maximum building size (aggregate) | - |
(Ord. 32-2020. Passed 1-19-21.)
1103.21 NEIGHBORHOOD URBAN (NU) DISTRICT.
Neighborhood Urban districts provide areas for medium to high-density, single- family residential uses mixed with a variety of housing types where adequate public facilities and services exist with capacity to serve development. These districts are composed mainly of areas containing a mixture of single-family, two-family, and multifamily dwellings, and open space where similar residential development seems likely to occur.
The district regulations are designed to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches, and to preserve the openness of the area by requiring certain minimum yard and area standards. Mixed residential districts provide flexible minimum lot size and density requirements in order to allow for market and design flexibility while preserving the neighborhood character and permitting applicants to cluster development in order to preserve environmentally sensitive and agricultural land areas. These districts encourage more intensive development in and near neighborhood centers with less intensive development between neighborhood centers. They provide a full range of housing choices and promote a sense of community, urban vitality, and the efficient provision of infrastructure.
(b) Dimensional Standards. The dimensional standards within the "NU" (Neighborhood Urban) district are outlined in Table 1103-6 (see Figure 1103-3).
(c) Building Design. Building design shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "NU" |
Lot size (minimum, square feet) | 5,000 |
Density (maximum, dwelling units per gross acre) | 9 |
Frontage (minimum, feet) | 30 |
Lot width (minimum, feet) | 40 |
Lot width (maximum, feet) | 150 |
Height (maximum, feet) | 35 |
Stories (maximum) | 2½ |
Front setback (minimum, feet) | 10 |
Maximum front setback (maximum, feet) | 35 |
Side setback (minimum, feet) | 5 |
Rear setback (minimum, feet) | 20 |
Lot coverage (maximum, percent) | 40 |
Maximum building size (individual) | - |
Maximum building size (aggregate) | - |
(Ord. 32-2020. Passed 1-19-21.)
1103.23 COMMERCIAL NEIGHBORHOOD (CN) DISTRICT.
Commercial Neighborhood districts provide small areas for offices, professional services, service, and shopfront retail uses-all designed in scale with surrounding residential uses. The district regulations are designed to protect and encourage the transitional character of the districts by permitting a limited group of uses of a commercial nature, and to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards, which are comparable to those called for in the residential districts. These districts are also intended to reduce auto trips by permitting a limited group of commercial uses to be located in close proximity to residential areas.
These districts provide a balance of residential and nonresidential land-use opportunities, reflecting the economic needs of residents and business owners. "CN" (Commercial Neighborhood) districts implement the following policies by:
• Based on a comprehensive land-use plan, encouraging more intensive development in and near neighborhood centers with less intensive development between neighborhood centers, and implementing these changes through zoning; and
• Encouraging resident and employment growth within walking distance of the downtown area and neighborhood centers in order to support an inter- modal transportation system.
• "CN" (Commercial Neighborhood) districts are limit ed to:
• The intersection of arterial/collector, collector/collector, and collector/local street intersections, except where an existing commercial area has been established prior to the adoption of this chapter; or
• The interior of a block along an arterial or collector street that lies parallel to an existing commercial area.
(b) Dimensional Standards. The dimensional standards within the "CN" (Commercial Neighborhood) district are outlined in Table 1103-7 (see Figure 1103-4)
(c) Scale. In addition to the provisions set forth below, the following restrictions shall apply to the scale of buildings in each "CN" (Commercial Neighborhood) district. Individual buildings shall not exceed the following:
(1) 3,000 square feet of gross floor area for a single- use building; or
(2) 3,000-square-foot building footprint for a mixed- use building or a live-work unit, so long as the building does not exceed two stories.
(d) Design.
(1) Parking areas for new buildings or structures shall be located in the rear of the principal use or principal building. This subsection shall not apply to buildings that exist at the time of a rezoning to "CN" (Commercial Neighborhood)
(2) Parking areas for new buildings or structures shall be located in the rear of the principal use or principal building. This subsection shall not apply to buildings that exist at the time of a rezoning to "CN" (Commercial Neighborhood).
(3) Buildings shall be articulated so that façades which face public streets and exceed fifty (50) feet in horizontal length shall include vertical piers or other vertical visual elements to break the plane of the façade. Such vertical piers or any other vertical visual elements shall be between fifteen (15) and forty (40) feet apart along the façade. This provision does not apply to the conversion of a residential building to a commercial use.
(e) Service Entrances/Service Yards. Service entrances and service yards shall be located only in the rear or side yard of the business use. Service yards shall be screened from adjacent residential zones or uses by the installation and maintenance of a solid wall or fence having a height of at least four (4) feet or greater than six (6) feet, or vegetation having a minimum height of four (4) feet. Refuse enclosures shall be located at the rear of the site and screened with a wall and a gate.
(f) Building Design. Building design shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "CN" |
Lot size (minimum, square feet) | - |
Density (maximum, dwelling units per gross acre) | - |
Frontage (minimum, feet) | 10 |
Lot width (minimum, feet) | - |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 35 |
Stories (maximum) | 2½ |
Front setback (minimum, feet) | 5 |
Maximum front setback (maximum, feet) | 20 |
Zoning District | "CN" |
Side setback (minimum, feet) | 0 |
Rear setback (minimum, feet) | 30 |
Lot coverage (maximum, percent) | 70 |
Maximum building size (individual) | 2,000 |
Maximum building size (aggregate) | 20,000 |
Minimum frontage built-out (percent) | 65 |
A dash ("-") means "not applicable."
(Ord. 32-2020. Passed 1-19-21.)
1103.25 COMMERCIAL GENERAL (CG) DISTRICT.
Commercial General districts permit general commercial activities, such as repair shops, wholesale businesses, warehousing, and limited retail sales with some outdoor display of goods. These districts promote a broad range of commercial operations and services necessary for large regions, providing community balance. "CG" districts ensure that proposed land uses and development are compatible in their use, character, and size to the site and the surrounding areas. They support diversification of the economic base and neighborhood services, including schools, libraries, stores, transit centers, and community service facilities in accessible, pedestrian-friendly environments.
(b) Dimensional Standards. The dimensional standards within the "CG" (Commercial General) district are outlined in Table 1103-8 (see Figure 1103-5).
(c) Outdoor Storage or Display. No outdoor storage or display of goods is permitted except for outdoor dining.
(d) Building Design. Ground-level fenestration (e.g., transparent windows and opening at street level) shall conform to the appropriate building type design standards (Section 1105.27 Building Design)
Zoning District | "CG" |
Lot size (minimum, square feet) | - |
Density (maximum, dwelling units per gross acre) | - |
Frontage (minimum, feet) | 40 |
Lot width (minimum, feet) | - |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 48 |
Stories (maximum) | 4 |
Front setback (minimum, feet) | 5 |
Maximum front setback (maximum, feet) | 100 |
Side setback (minimum, feet) | 0 |
Rear setback (minimum, feet) | 30 |
Lot coverage (maximum, percent) | 80 |
Minimum frontage built-out (percent) | 65 |
A dash ("-") means "not applicable."
(Ord. 32-2020. Passed 1-19-21.)
1103.27 DOWNTOWN (D) DISTRICT.
Downtown districts provide concentrated downtown retail, service, office, and mixed uses in the existing central business districts. Major/regional shopping centers are permitted, but urban design standards are required in order to maintain a neighborhood commercial scale, to promote pedestrian activity, and to maintain the unique character of the center. Pedestrian circulation is required as are common parking areas. Downtown districts:
• Promote the long-term vitality of the central business district;
• Encourage development of the downtown area as a complete neighborhood to enhance its image to both visitors and residents;
• Accommodate a broad range of housing stock, including single-occupancy hotels; low-, moderate-, and upper-income housing; and housing for elderly persons; and
• Give priority to existing buildings, particularly vacant upper floors in existing buildings, for meeting housing needs.
(b) Dimensional Standards. The dimensional standards within the "D" (Downtown) district are outlined in Table 1103-9 (see Figure 1103-6).
(c) Building Design. Ground-level fenestration (e.g., transparent windows and opening at street level) shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "D" |
Lot size (minimum, square feet) | - |
Density (maximum, dwelling units per gross acre) | - |
Frontage (minimum, feet) | - |
Lot width (minimum, feet) | - |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 80 |
Stories (maximum) | 6 |
Front setback (minimum, feet) | 0 |
Maximum front setback (maximum, feet) | 10 |
Side setback (minimum, feet) | - |
Rear setback (minimum, feet) | - |
Lot coverage (maximum, percent) | - |
Maximum building size (individual) | - |
Maximum building size (aggregate) | - |
Minimum frontage built-out (percent) | 80 |
A dash ("-") means "not applicable."
(Ord. 32-2020. Passed 1-19-21.)
1103.29 INDUSTRIAL LIGHT (IL) DISTRICT.
Industrial Light districts provide for a mix of light manufacturing, office park, flex space, and limited retail and service uses that ser- vice the industrial uses with proper screening and buffering-all compatible with adjoining uses.
(b) Dimensional Standards. The dimensional standards within the "IL" (Industrial Light) district are outlined in Table 1103-10 (see Figure 1103-7).
(c) General Provisions. Uses in the "IL" (Industrial Light) district shall comply with the following and other applicable sections of this chapter:
(1) Principal vehicle access to and from the site shall be from a primary driveway.
(2) All loading shall be from the rear or side of the building and shall be completely screened from view at the street. These loading standards apply to new structures only, and existing buildings with loading docks facing the street may continue to be used, restored, or enlarged without being subject to the side or rear loading requirement of this section. Loading docks may be located in the rear yard, or a side yard facing a street that is internal to an "IL" (Industrial Light) or "IH" (Industrial Heavy) zoning district.
(d) Building Design. Building design shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "IL" |
Lot size (minimum, square feet) | - |
Density (maximum, dwelling units per gross acre) | - |
Frontage (minimum, feet) | 50 |
Lot width (minimum, feet) | 50 |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 50 |
Stories (maximum) | 5 |
Front setback (minimum, feet) | 20 |
Maximum front setback (maximum, feet) | - |
Side setback (minimum, feet) | 20 |
Rear setback (minimum, feet) | 30 |
Lot coverage (maximum, percent) | 70 |
Minimum frontage built-out (percent) | - |
A dash ("-") means "not applicable."
(Ord. 32-2020. Passed 1-19-21.)
1103.31 INDUSTRIAL HEAVY (IH) DISTRICT.
Industrial Heavy districts accommodate areas of heavy and concentrated fabrication, manufacturing, and industrial uses that are suitable based upon adjacent land uses, access to transportation, and the availability of public services and facilities. It is the intent of these districts to provide an environment for industries that is unencumbered by nearby residential or commercial development. These districts:
• Must be located in areas where conflicts with other uses can be minimized to promote orderly transitions and buffers between uses;
• Are located for convenient access for existing and future arterial thoroughfares and railway lines; and
• Support efforts to diversify the economic base, pro- mote the safe storage of hazardous materials in locations that do not endanger neighborhoods and establish appropriate locations and standards for heavy industrial activities, such as the storage of hazardous and toxic materials.
(b) Dimensional Standards. The dimensional standards within the "IH" district are outlined in Table 1103-11 (see Figure1103-8).
(c) General Provisions.
(1) All driveways, parking areas, and pedestrian ways shall be surfaced with an all-weather surface. Curb and gutter shall be provided where required by the street design standards (Chapter 1109 Subdivision Regulations).
(2) All delivery and freight handling areas shall be screened from the boundary of any property not zoned "IL" (Industrial Light) or "IH" (Industrial Heavy).
(3) Sites shall not be accessed from residential streets.
(d) Building Design. Building design shall conform to the appropriate building type design standards (Section 1105.27 Building Design).
Zoning District | "IL" |
Lot size (minimum, square feet) | - |
Density (maximum, dwelling units per gross acre) | - |
Frontage (minimum, feet) | 50 |
Lot width (minimum, feet) | 50 |
Lot width (maximum, feet) | - |
Height (maximum, feet) | 50 |
Stories (maximum) | 5 |
Front setback (minimum, feet) | 20 |
Maximum front setback (maximum, feet) | - |
Side setback (minimum, feet) | 20 |
Rear setback (minimum, feet) | 30 |
Lot coverage (maximum, percent) | 70 |
Minimum frontage built-out (percent) | - |
A dash ("-") means "not applicable."
Figure 1103-8
Dimensional Standards - Industrial Heavy (IH)
(Ord. 32-2020. Passed 1-19-21.)
1105.01 OFF STREET PARKING.
(a) This section sets minimum standards for off-street requirements for new construction and expansion of or changes to existing uses. The purpose of this section is to ensure that uses have a minimum level of off-street parking to avoid congestion on surrounding streets while avoiding excessive parking, discouraging pedestrian access, driving up the cost of development, and inviting excessive levels of traffic congestion, which creates increases in flooding and nonpoint source pollution. On-street parking is also encouraged in some locations in order to provide a buffer between pedestrians and vehicular traffic.
(b) Parking Ratios.
(1) Generally.
i. Applicability. The minimum parking ratio standards apply to all zoning districts except the "D" (Downtown) zoning district.
ii. Uses not identified. The Building and Zoning Inspector shall determine the parking requirement for uses that do not correspond to the categories listed in Table 1105-1. In such instances, the applicant shall provide adequate information by which the proposal can be reviewed, which includes but may not necessarily be limited to the following:
a) Type of uses;
b) Number of employees;
c) Building design capacity;
d) Square feet of sales area and service area;
e) Parking spaces proposed on site;
f) Parking spaces provided elsewhere; and
g) Hours of operation.
iii. Multiple uses. Where the application identifies accessory or multiple uses within a structure or multiple structures, the minimum standards shall apply to each use or structure. This does not apply to Section 1105.01(c), Shared Parking of this Section.
iv. Fractional measurements. When units or measurements determining the number of required off-street parking spaces result in a fractional space, then such fraction equal or greater than one-half shall require a full off-street parking space.
v. Floor area measurement. Floor area and GFA are synonymous for purposes of this Section (see "gross floor area," as defined in the Glossary, Chapter 1111 Definitions).
vi. On-street parking. The minimum number of required off-street parking spaces shall be reduced by the number of on-street parking spaces abutting the property lines of the lot or parcel.
(2) Minimum Parking Ratios. Table 1105-1 establishes the minimum numbers of parking spaces required for the uses indicated. For the purposes of parking calculations, the gross area of any parking garage within a building shall not be included within the GFA of the building. Parking requirements may be met by one or more of a combination of the following methods:
i. Providing on-site parking spaces. Only spaces that are designed consistent with this section are counted toward the minimum parking required. Spaces at gasoline pumps and bays for auto repair/service are not counted toward the minimum parking required. No part of a parking or loading space required for any building to comply with this Section shall be included as part of a parking or loading space required for another building.
ii. Making payments in lieu of parking spaces that shall be contributed to a parking fund specifically set aside to provide public parking within one-fourth (1/4) mile of the exterior boundaries of the proposed development: The amount of the payment for each space shall be established by a resolution of the Village Council and shall be reasonable and based on the actual or estimated cost to provide such spaces. No development approvals shall be issued until complete payment has been received by the Village of Greenfield.
iii. Providing off-site parking spaces in a shared parking facility: Shared parking facilities must conform to Section 1105.01(c), Shared Parking of this Section.
(3) Maximum Parking Ratios.
i. Table 1105-1 indicates the maximum number of parking spaces established for the use or structure. If a maximum parking space ratio applies, the number of parking spaces shall not exceed the maximum number permitted.
ii. The maximum spaces allowed do not include accessible spaces required by the Building Code.
(c) Shared Parking.
(1) Generally. Parking spaces required under this section may be provided cooperatively for two (2) or more uses in a development or for two (2) or more individual uses, subject to the requirements of this section.
(2) Cooperative Parking. Off-street parking requirements of a given use may be met with off-site, off-street parking facilities of another use when, and if, all of the following conditions are met:
i. The off-site, off-street parking facilities are within 300 feet of the property;
ii. The parking demands of the individual uses, as determined by the administrator based upon minimum off-street parking requirements, are such that the total parking demand of all the uses at any one time is less than the total parking stalls required;
iii. A written agreement between the owners and leases executed for a minimum of twenty (20) years, approved by the Building and Zoning Inspector as provided in subsection (iv), below. The application shall be recorded and a copy maintained in the project file. Should the lease expire or otherwise terminate, the use for which the off-site parking was provided shall be considered non- conforming and any and all approvals, including CUPs, shall be subject to revocation. Continuation or expansion of the use shall be prohibited unless the use is brought into compliance with the parking regulations of this division;
iv. An application for approval of a cooperative parking plan shall be filed with the Building and Zoning Inspector by the owner of the entire land area to be included within the cooperative parking plan, the owner or owners of all structures then existing on such land area, and all parties having a legal interest in such land area and structures. Sufficient evidence to establish the status of applicants as owners of parties in interest shall be provided. The application shall include plans showing the location of the uses or structures for which off-street parking facilities are required, the location of the off-street parking facilities, and the schedule of times used by those sharing parking in common; and
v. Pursuant to the same procedure and subject to the same limitations and requirements by which the coop-parking plan was approved and registered, any such plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plan comply with all the conditions and limitations of the plan, and all land and structures withdrawn from such plan comply with the regulations of this division.
(3) Shared Parking. Developments that contain a mix of uses on the same parcel, as set forth in Table 1105-2, may reduce the amount of required parking in accordance with the following methodology:
i. Determine the minimum parking requirements in accordance with Table 1105-1 for each land use as if it were a separate use;
ii. Multiply each amount by the corresponding percentages for each of the five time periods set forth in Columns (B) through (F) of Table 1105-2;
iii. Calculate the total for each time period; and
iv. Select the total with the highest value as the required minimum number of parking spaces.
(4) Shared Easement Maintenance Agreements.
i. A maintenance agreement made between the owners of shared easements for ingress and egress that sets out responsibility percentages shall be recorded with the County Recorder after examination by the Planning Commission and Map Office. In terms of a lease, such agreements may be spelled out in the lease and a memorandum filed with the City Clerk or Building and Zoning Inspector.
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Residential buildings | |||
Single-family detached dwellings | - | - | - |
Single-family attached dwellings | |||
Duplex structures | 1 per DU | 1.9 per DU | 0.5 per DU |
Zero lot line or row houses | |||
Accessory dwelling units | - | - | - |
Accessory apartments | - | - | - |
Townhouses | 1 per DU | 1.9 per DU | 0.5 per DU |
Manufactured housing, residential design | - | - | - |
Manufactured housing, other | - | - | - |
Multifamily dwellings | 1 per DU | 1.9 per DU | 0.5 per DU |
Retirement housing services | 1 per three DUs | 1.5 per DU | - |
Congregate living services | 1 per three DUs | 1.5 per DU | - |
Assisted living services | 0.3 per room | 1 per room | - |
Life care or continuing care services | 0.3 per room | 1 per room | - |
Skilled nursing services | 0.3 per room | 1 per room | - |
Community home | 0.3 per room | 1 per room | - |
Barracks | 0.3 per room | 1 per room | - |
College fraternities | 1 per 2 beds | 1 per bed | 0.5 per DU |
Dormitories | 1 per 2 beds | 1 per bed | 0.5 per DU |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Single-room occupancy units | 0.3 per room | 1 per room | - |
Temporary structures, tents, etc, for shelter | 0.3 per room | 1 per room | - |
Other structurally converted buildings | 0.3 per room | 1 per room | - |
Hotels, motels, or other accommodation services | |||
Bed-and-breakfast inn | 1 per guest room plus 2 spaces for owner’s portions | - | - |
Rooming and boarding house | 1 per guest room plus 2 spaces for owner’s portion | - | - |
Hotel, motel, or tourist court | 0.8 per room plus 1 per 800 sf of public meeting area and restaurant space | 1 per room plus 1 per 400 sf of public meeting area and restaurant space | - |
Commercial buildings | |||
Commercial center | 1 per 300 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Shop or store building with drive-through facility | 1 per 250 sf GFA | 1 per 140 sf GFA | - |
Restaurant, with incidental consumption of alcoholic beverages | 1 per 75 sf GFA | 1 per 50 sf GFA | 1 per 20 vehicle spaces |
Stand-alone store or shop building | 1 per 300 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Department store building | 1 per 300 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Warehouse discount store/superstore | 1 per 300 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Market shops, including open markets | 1 per 100 sf gross public sales area | 1.5 per 100 sf gross sales area | - |
Gasoline station | 1 per 375 sf GFA including service bays, wash tunnels, and retail areas | 1 per 500 sf GFA, including service bays, wash tunnels, and retail areas | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Automobile repair and service structures | 1 per 375 sf GFA, including service bays, wash tunnels, and retail areas | 1 per 500 sf GFA, including service bays, wash tunnels, and retail areas | - |
Car dealer | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
Bus, truck, mobile homes, or large vehicle dealers | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
Bicycle, motorcycle, all-terrain vehicle dealers | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
Boat or marine craft dealer | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
Parts, accessories, or tires | 1 per 375 sf GFA, including service bays, wash tunnels, and retail areas | 1 per 500 sf GFA, including service bays, wash tunnels, and retail areas | - |
Gasoline service | 1 per 375 sf GFA, including service bays, wash tunnels, and retail areas | 1 per 500 sf GFA, including service bays, wash tunnels, and retail areas | - |
Lumberyard and building materials | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
Outdoor resale business | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
1 per 300 sf GFA | |||
Beer, wine, and liquor store (off-premises consumption of alcohol) | 1 per 200 sf GFA | ||
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Neighborhood shopping center (convenience with one or more anchors) | 1 per 10 vehicle spaces | ||
Community shopping center (general merchandise with two or more anchors) | |||
Regional shopping center (enclosed mall with two or more anchors) | |||
Superregional center (similar to regional but has three or more anchors) | |||
Fashion/specialty center (higher -end, fashion-oriented stores) | |||
Power center (category-dominated anchors with few small tenants) | |||
Theme or festival center (leisure, tourist-oriented, restaurants) | |||
Outlet or discount center (manufacturer outlet stores) | |||
Convenience stores or centers | 6 per 1,000 sf GFA | 10 per 1,000 sf GFA | 1 per 10 vehicle spaces |
Car care center | 1 per 375 sf GFA, including service bays, wash tunnels, and retail areas | 1 per 500 sf GFA, including service bays, wash tunnels, and retail areas | - |
Car washes | |||
Office or bank building, stand-alone (without drive-through) | 1 per 250 sf GFA | 1 per 140 sf GFA | - |
Office building with drive-through facility | 1 per 1,500 sf GFA plus required stacking spaces for drive-through facilities | 5 per 1,000 sf GFA | 1 per 10 vehicle spaces |
Office or store building with residence on top | 1 per 1,000 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Office building over storefronts | 1 per 1,000 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Research-and-development services (scientific, medical, and technology) | 1 per 1,000 sf GFA | 1 per 200 sf GFA | 1 per 10 vehicle spaces |
Car rental and leasing | 1 per 1,000 sf GFA | 1 per 200 sf GFA | - |
Leasing trucks, trailers, recreational vehicles, etc. | 1 per 1,000 sf GFA | 1 per 200 sf GFA | - |
Services to buildings and dwellings (pest control, janitorial, landscaping, carpet/upholstery cleaning, parking, and crating) | 1 per 1,000 sf GFA | 1 per 200 sf GFA | - |
Bars, taverns, nightclubs | 1 per 2 seats | 1 per 1.5 seats | 1 per 10 vehicle spaces |
Camps, camping, and related establishments | 1 per 6 camp sites, plus 4 per laundry | - | - |
Industrial buildings and structures | |||
Light industrial structures and facilities (not enumerated below) | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Loft building | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Mill-type factory structures | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Manufacturing plants | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Industrial parks | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Laboratory or specialized industrial facility | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Assembly and construction-type plants | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Process plants (metals, chemicals, etc.) | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Construction-related businesses | 1 per 1,000 sf GFA | 1 per 200 sf GFA | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Automotive wrecking and salvage yard/junkyard | 1 per employee | - | - |
Demolition business | 1 per employee | - | - |
Recycling business | 1 per employee | - | - |
Warehouse or storage facility | |||
Mini-warehouse | 4 spaces plus 2 for manager’s quarters | - | - |
High-rise mini-warehouse | 4 spaces plus 2 for manager’s quarters | - | - |
Warehouse structure | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Produce warehouse | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Refrigerated warehouse or cold storage | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Large area distribution or transit warehouse | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Wholesale trade-durable goods | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Wholesale trade-nondurable goods | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Warehouse and storage services | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Tank farms | 1 per 600 sf GFA | 1 per 350 sf GFA | - |
Public assembly structures | |||
Performance theater | 1 per 6 seats | 1 per 4 seats | 1 per 20 vehicle spaces |
Movie theater | 1 per 6 seats | 1 per 4 seats | 1 per 20 vehicle spaces |
Amphitheater | 1 per 6 seats or 1 per 30 sf of GFA if no permanent seats | 1 per 4 seats or 1 per 50 sf of GFA if no permanent seats | 1 per 20 vehicle spaces |
Drive-in theaters | - | - | 1 per 20 vehicle spaces |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Indoor games facility | 5 per 1,000 sf GFA | 6 per 1,000 sf GFA | 1 per 10 vehicle spaces |
Amusement, sports, or recreation establishment (not specifically enumerated) | 1 per 6 seats or 1 per 30 sf of GFA if no permanent seats | 1 per 4 seats or 1 per 50 sf of GFA if no permanent seats | 1 per 20 vehicle spaces |
Amusement or theme park | 1 per 600 sf outdoor recreation area | 1 per 500 sf outdoor recreation area | |
Arcade | 1 per game table, video game, amusement devices | - | 1 per 10 vehicle spaces |
Miniature golf establishment | 1 per hole | 2 per hole | - |
Fitness, recreational sports, gym, or athletic club | 1.5 per 1,000 sf GFA | 10 per 1,000 sf GFA | 1 per 10 vehicle spaces |
Bowling, billiards, pool, etc. | 2 per lane | 4 per lane | 1 per 10 vehicle spaces |
Skating rinks | 5 per 1,000 sf GFA | 7 per 1,000 sf GFA | 1 per 10 vehicle spaces |
Sports stadium or arena | 1 per 6 seats or 1 per 30 sf of GFA if no permanent seats | 1 per 4 seats or 1 per 50 sf of GFA | 1 per 20 vehicle spaces |
Racetrack | 1 per 6 seats or 1 per 30 sf of GFA if no permanent seats | 1 per 4 seats or 1 per 50 sf of GFA | 1 per 20 vehicle spaces |
Exhibition, convention, or conference structure | 1 per 6 seats or 1 per 30 sf of GFA if no permanent seats | 1 per 4 seats or 1 per 50 sf of GFA | 1 per 20 vehicle spaces |
Churches, temples-synagogues, mosques, and other religious facilities | 1 per 8 seats | 1 per 1.5 seats | 1 per 20 vehicle spaces |
Covered or partially covered atriums and public enclosures | - | - | - |
Passenger terminal, mixed mode | - | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Active open space/athletic fields/golf courses | - | 6 per hole (golf courses) | - |
Passive open space | - | - | - |
Institutional or community facilities | |||
Hospital building | 1 per 400 sf GFA | 1 per 100 sf GFA | 1 per 20 vehicle spaces |
Medical clinic building | 1 per 400 sf GFA | 1 per 100 sf GFA | 1 per 20 vehicle spaces |
Social assistance, welfare, and charitable services (not otherwise enumerated) | 1 per 250 sf GFA | 1 per 200 sf GFA | 1 per 20 vehicle spaces |
Child and youth services | 1 per 375 sf GFA | 1.5 per 375 sf GFA | - |
Child care institution (basic) | 1 per 375 sf GFA | 1.5 per 375 sf GFA | - |
Child care institution (specialized) | 1 per 375 sf GFA | 1.5 per 375 sf GFA | - |
Day care center | 1 per 375 sf GFA | 1.5 per 375 sf GFA | - |
Community food services | 1 per 250 sf GFA | 1 per 200 sf GFA | 1 per 20 vehicle spaces |
Emergency and relief services | 1 per 250 sf GFA | 1 per 200 sf GFA | 1 per 20 vehicle spaces |
Other family services | 1 per 250 sf GFA | 1 per 200 sf GFA | 1 per 20 vehicle spaces |
Services for elderly and disabled | 1 per 250 sf GFA | 1 per 200 sf GFA | 1 per 20 vehicle spaces |
Animal hospitals | 1 per employee | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
School or university buildings (privately owned) | 1 per classroom | 2 per classroom | 1 per 10 students |
Grade school (privately owned) | 1 per classroom | 2 per classroom | 1 per 10 students |
College or university facility (privately owned) | 1 per 4 students | 1 per 2 students | 1 per 5 vehicle spaces |
Trade or speciality school facility (privately owned) | 1 per 200 sf | 1 per 150 sf | 1 per 10 students |
Library building | 1 per 300 sf GFA | 1 per 125 sf GFA | 1 per 20 vehicle spaces |
Museum, exhibition, or similar facility | 1 per 1,000 sf GFA | 1.5 per 1,000 sf GFA | 2 per 1,000 sf |
Exhibitions and art galleries | 1 per 1,000 of GFA | 1.5 per 1,000 sf GFA | 2 per 1,000 sf |
Planetarium | 1 per 1,000 sf GFA | 1.5 per 1,000 sf GFA | 2 per 1,000 sf |
Aquarium | 1 per 1,000 sf GFA | 1.5 per 1,000 sf GFA | 2 per 1,000 sf |
Outdoor facility, no major structure | 1 per 1,000 sf GFA | 1.5 per 1,000 sf GFA | 2 per 1,000 sf |
Zoological parks | 1 per 1,000 sf GFA | 1.5 per 1,000 sf GFA | 2 per 1,000 sf |
Public safety-related facility | 1 per employee + 1 per each 3 volunteer personnel on normal shift + 1 per 200 sf usable office space | - | 3% of number of parking spaces |
Fire and rescue station | 1 per employee + 1 per each 3 volunteer personnel on normal shift + 1 per 200 sf usable office space | - | 3% of number of parking spaces |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Police station | 1 per employee + 1 per each 3 volunteer personnel on normal shift + 1 per 200 sf usable office space | - | 3% of number of parking spaces |
Emergency operation center | 1 per employee | - | - |
Correctional or rehabilitation facility | 1 per employee on maximum shift, 1 per service vehicle | 1 per employee on maximum shift, 1 per service vehicle | |
Cemetery, monument, tombstone, or mausoleum | - | - | - |
Funeral homes | 1 per 4 seats | 1 per 2 seats | - |
Cremation facilities | 1 per 4 seats | 1 per 2 seats | - |
Public administration | 1 per 300 sf GFA | 1 per 125 sf GFA | 1 per 20 vehicle spaces |
Post offices | 1 per employee | - | - |
Space research and technology | 1 per employee | - | - |
Clubs or lodges | 1 per 3 persons | - | 1 per 20 vehicle spaces |
Transportation-related facilities | |||
Automobile parking facilities | - | - | - |
Surface parking, open | - | - | - |
Surface parking, covered | - | - | - |
Multistoried parking structure with ramps | - | - | - |
Underground parking structures with ramps | - | - | - |
Rooftop parking facility | - | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Bus terminal | 1 per employee plus spaces required to satisfy projected peak parking needs | - | - |
Bus stop shelter | - | - | - |
Bus or truck maintenance facility | - | - | - |
Truck and freight transportation services | - | - | - |
Road, ground passenger, and transit transportation | 1 per employee plus spaces required to satisfy projected peak parking needs | - | - |
Local transit systems, including mixed mode | 1 per employee plus spaces required to satisfy projected peak parking needs | - | - |
Local transit system-commuter rail | 1 per employee plus spaces required to satisfy projected peak parking needs | - | - |
Local transit systems-bus, special needs, and other motor vehicles | 1 per employee plus spaces required to satisfy projected peak parking needs | - | - |
Interurban, charter bus, and other similar establishments | 1 per employee plus spaces required to satisfy projected peak parking needs | - | - |
Taxi and limousine service | - | - | - |
School and employee bus transportation | - | - | - |
Towing and other road services | - | - | - |
Space transportation | - | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Pipeline transportation | - | - | - |
Postal transportation services | - | - | - |
Courier and messenger services | - | - | - |
Air and space transportation facility | - | - | - |
Airport terminal | 1 per 4 seating accommodations for waiting passengers plus 1 per each 2 employees | - | - |
Runway | - | - | - |
Airport maintenance and hangar facility | - | - | - |
Airport control tower | - | - | - |
Heliport facility | 1 per 4 seating accommodations for waiting passengers plus 1 per each 2 employees | - | - |
Glide port, seaport, stolport, ultralight, or baloonport facility | - | - | - |
Railroad facility | 1 per employee | - | - |
Utility and other nonbuilding structures | |||
Utility structures on right-of-way | 1 per employee | - | - |
Water supply-related facility | 1 per employee | - | - |
Water supply pump station | 1 per employee | - | - |
Dam | 1 per employee | - | - |
Levee | 1 per employee | - | - |
Culvert | 1 per employee | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Water tanks (elevated, at grade, underground) | 1 per employee | - | - |
Wells | 1 per employee | - | - |
Water treatment and purification facility | 1 per employee | - | - |
Water reservoir | 1 per employee | - | - |
Irrigation facilities | 1 per employee | - | - |
Wastewater storage or pumping station facility; lift stations | 1 per employee | - | - |
Solid waste landfill facility | 1 per employee | - | - |
Incinerator, composting, or similar facility | 1 per employee | - | - |
Hazardous waste collection | 1 per employee | - | - |
Hazardous waste treatment and disposal | 1 per employee | - | - |
Solid waste collection | 1 per employee | - | - |
Solid waste combustor or incinerator | 1 per employee | - | - |
Waste treatment and disposal | 1 per employee | - | - |
Septic tank and related services | 1 per employee | - | - |
Hazardous waste storage facility | 1 per employee | - | - |
Sewer treatment plant | 1 per employee | - | - |
Gas or electric power generation facility | 1 per employee | - | - |
Communication towers | 1 per service employee | - | - |
Radio, television, or wireless transmitter | 1 per service employee | - | - |
Weather stations or transmitters | 1 per service employee | - | - |
Environmental monitoring station (air, soil, etc.) | 1 per employee | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Sign or billboard | - | - | - |
Highway rest stops and welcome centers | - | - | - |
Roadside stand, pushcarts, etc. | - | - | - |
Kiosks | - | - | - |
Playground equipment | - | - | - |
Fountain, sculpture, or other aesthetic structure | - | - | - |
Outdoor stage, bandstand, or similar structure | - | - | - |
Agriculture, forestry, fishing, and hunting | |||
Grain silos and other storage structure for grains and agriculture products | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Animal production, including slaughter | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Livestock pens or hog houses | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Hatcheries and poultry houses | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Greenhouse/nurseries | 1 per 375 sf GFA of sales and service building | 1.5 per 375 sf GFA of sales and service building | - |
Stables and other equine-related facilities | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Kennels and other canine-related facilities | 1 per 300 sf GFA | 1 per 1,500 GFA | - |
Aplary and other related structures | 1 per 300 sf GFA | 1 per 1,500 sf GFA | - |
Crop production | - | - | - |
Table 1105-1
Parking Ratios
Use/Activity | Minimum Vehicle Spaces | Maximum Vehicle Spaces | Minimum Bicycle Spaces |
Forestry and logging | - | - | - |
Fishing, hunting, and trapping, including game preserves and retreats | - | - | - |
Support functions for agriculture and forestry | - | - | - |
Mining and extraction establishments | |||
Oil and natural gas | 1 per employee plus 1 per facility vehicle | - | - |
Metals (iron, copper, etc.) | 1 per employee plus 1 per facility vehicle | - | - |
Coal | 1 per employee plus 1 per facility vehicle | - | - |
Nonmetallic-mining | 1 per employee plus 1 per facility vehicle | - | - |
Quarrying and stone cutting | 1 per employee plus 1 per facility vehicle | - | - |
DU = dwelling unit; sf = square feet; and GFA = gross floor area. A dash (“ - “) means that the standard is not applicable
Table 1105-2
Shared Parking Standards
(A) Land Use | Weekday | Weekend | (F) Nighttime (Midnight-6 am) | ||
(B) Daytime (9am-4pm) | (C) Evening (6pm-midnight) | (D) Daytime (9am-4pm) | (E) Evenings (6pm-midnight) | ||
Office/Industrial | 100% | 10% | 19% | 5% | 5% |
Retail | 60% | 90% | 100% | 70% | 5% |
Hotel | 75% | 100% | 75% | 100% | 75% |
Restaurant | 50% | 100% | 100% | 100% | 10% |
Entertainment/commercial | 40% | 100% | 80% | 100% | 10% |
Stall depth = the projected vehicle length from the wall measured perpendicular to the aisle; and aisle width = traveled path through a parking facility that provides access to one or two parking vehicles
(d) Dimensions.
(1) Generally. Off-street parking spaces shall have a width of nine (9) feet. Stall depth shall have the minimum established in Table 1105-1 (see Figure 1105-1), exclusive of access or maneuvering area, ramps, and other appurtenances. The minimum width of access aisles internal to a parking lot or structure shall be as prescribed in Table 1105-3.
(2) Compact Vehicles. Up to thirty percent (30%) of the required parking spaces may be designated for use by compact vehicles with minimum dimensions of eight (8) feet in width and sixteen (16) feet in length. Compact vehicle parking areas shall be identified by individually marking each parking space surface with lettering a minimum of six (6) inches in size.
(3) Turnarounds. All parking areas containing three or more parking spaces shall include a turnaround that is designed and located so that vehicles can enter and exit the parking area without backing onto a public right-of-way.
(e) Location.
(1) Generally. Except as otherwise permitted under a cooperative parking plan, off-street parking facilities shall be located on the lots on which the use or structure for which they are provided is located.
(2) Rear Parking.
i. For purposes of this section, "rear parking" means that parking areas are located between the principal building and the rear lot line or an alley, or interior to a block.
ii. All parking areas in the following districts shall be rear parking: "NU" (Neighborhood Urban), "CN" (Commercial Neighborhood), and "D" (Downtown).
iii. Parking to the rear of the principal use or principal building is encouraged in all other zoning districts or use patterns.
iv. Rear parking areas that are screened from the view of public streets by the principal buildings are exempt from the parking lot screening requirements of the landscaping standards (Section 1105.11(j) Parking Lot Landscaping of this chapter.
(f) Bicycle Parking.
(1) Generally. Bicycle parking spaces shall be required for all nonresidential uses and structures. One bicycle parking space shall be required for each twenty (20) parking spaces. Parking to the rear of the principal use or principal building is encouraged in all other zoning districts or use patterns.
(2) Design. Bicycle spaces may be provided through spaces or bicycle storage racks. Bicycle spaces shall be at least two (2) feet six (6) inches in width and six (6) feet in length, with a minimum overhead vertical clearance of seven (7) feet. Racks and other fixtures used to provide for nonresidential uses must be securely affixed to the ground and allow for the bicycle to be locked and chained. The design of bicycle racks and fixtures shall be included in final site plans and approved by the public works or transportation department and shall be separately marked.
(3) Location. Where bicycle spaces are required by this Section, the spaces may be indoors or out- doors and shall be located within fifty (50) feet of the primary entrance. The spaces shall not be located behind any wall, shrubbery, or other visual obstruction lying between the principal building and the bicycle spaces. If required bicycle spaces are not visible from the street, signs must be posted indicating their location. Areas used for required bicycle parking shall be paved, drained, and well lighted. Spaces within offices and commercial facilities or located on balconies or within residential dwelling units shall not be counted toward required parking.
Table 1105-3
Minimum Dimensions for Parking Spaces and Drive Aisles
Angle | Parking Space Width | Parking Space Length | Drive Aisle Width | |
One-Way | Two-Way | |||
A | B | C | D | |
Parallel (0o) to 29o | 9' | 22' | 12' | 20' |
30o to 44o | 9' | 20' | 12' | 24' |
45o to 59o | 9' | 20' | 12' | 24' |
60o to 89o | 9' | 18' | 18' | 24' |
Perpendicular (90o) | 9' | 18' | 20' | 24' |
Figure 1105-1
Parking Space and Stall Dimensions
(Ord. 32-2020. Passed 1-19-21.)
1105.03 LOADING.
(a) General Requirements.
(1) Truck loading facilities are required in all zones other than the "D" (Downtown) district for structures containing uses devoted to businesses, industry, manufacturing, storage, warehousing, processing, offices, professional buildings, hotels, multiple-family dwellings, hospitals, airports, railroad terminals, and any buildings of a commercial nature.
(2) If a structure is enlarged, expanded, or changed, it shall not be used, occupied, or operated unless it has at least the amount of off-street truck loading facilities that would apply if the increment were a separate structure.
(b) Responsibility. The provision for and maintenance of the off-street truck loading facilities shall be the joint and several responsibility of the operator and owner of the land upon which the structure requiring the facilities is located.
(c) Types and Location. There shall be two (2) sizes of off-street truck loading spaces designated: "large" and "small." Each large space shall have an overhead clearance of at least fourteen (14) feet, shall be at least twelve (12) feet wide, and shall be at least fifty (50) feet long, exclusive of access or maneuvering area, platform, and other appurtenances. Each small space shall have an overhead clearance of at least ten (10) feet, shall be at least eight (8 ) feet wide, and shall be at least twenty (20) feet long, exclusive of access or maneuvering area, platform, and other appurtenances.
(d) Location. Off-street truck loading facilities shall be located on the same lot on which the structure for which they are provided is located. However, loading facilities that are available under a cooperative arrangement may be located on another site not more than 300 feet from the structure for which they are provided. Service entrances and service yards shall be located only in the rear or side yard. Service yards shall be screened from adjacent residentially zoned or used property by the installation of a buffer yard.
(e) Drainage and Surfacing. Areas shall be properly graded for drainage; surfaced with concrete, asphaltic concrete, or asphalt; and maintained in good condition free of weeds, dust, trash, and debris.
(f) Lighting. Lighting facilities shall be so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
(g) Combined Facilities. Requirements for the provision of off-street truck loading facilities with respect to two or more structures may be satisfied by the permanent allocation of the required number of spaces for each use in a common truck loading facility. The total number of spaces designated in a common truck loading facility shall be at least the sum of the individual requirements unless the Building and Zoning Inspector determines that a lesser number of spaces will be adequate. In determining the number of revised spaces, the Building and Zoning Inspector shall consider the respective times of usage of the truck loading facilities by the individual users and the character of the merchandise.
Table 1105-4
Minimum Truck Loading Spaces
Square Feet of Gross Floor Area in Structure | Required Number of Spaces |
0 up to and including 12,500 | 1 (small) |
12,501 up to and including 25,000 | 2 (small) |
25,001 up to and including 40,000 | 1 (large) |
40,001 up to and including 100,000 | 2 (large) |
For each additional 80,000 over 100,000 | 1 (large) |
(h) Minimum Requirements and Area. The minimum truck loading spaces shall be provided in all districts for structures containing the uses enumerated in Table 1105-4.
(Ord. 32-2020. Passed 1-9-21.)
1105.05 SIGNS.
Table 1105-5
Permitted Principal Signs
by Zone and District
District/Zone | Monument Sign | Projecting Sign | Wall Sign | Awning Sign | Window Sign | Roof Sign |
Residential Estate (RE) | NE | |||||
Neighborhood Suburban (NS) | NE | NR | ||||
Neighborhood Urban (NU) | MU or NR |
District/Zone | Monument Sign | Projecting Sign | Wall Sign | Awning Sign | Window Sign | Roof Sign |
Commercial Neighborhood (CN) | X | X | X | X | ||
Commercial General (CG) | X | X | X | X | ||
Downtown (D) | X | X | X | X | X | X |
Industrial Light (IL) | X | X | X | X | X | |
Industrial Heavy (IH) | X | X | X | X | X | |
Sign Key: MU - Multi-Unit Development NR - Non-Residential Development NE - Neighborhood Entry Sign | ||||||
(a) Purpose and Applicability. This section regulates the type, number, design, size, time of display, location, maintenance, and other characteristics of signs in order to: protect the public health, safety, and welfare in all zones and districts; promote clarity in sign communications; promote harmony between and among the physical characteristics of signs and the physical characteristics of surrounding land, structures, and other development features; and to promote attractive and orderly appearance in all districts. The provisions of this section shall apply to all existing signs, to all signs erected or installed after the effective date of this Zoning Code, and to any sign which replaces an existing sign or component thereof
(b) Zoning Sign Permits Required. Every sign, except those specifically exempted by the provisions of this section, shall only be erected or installed subsequent to and in conformance with the provisions of a zoning sign permit issued by the Building and Zoning Inspector. The Building and Zoning Inspector shall not be required to issue a zoning sign permit to any use or business that does not have a valid zoning certificate or that is otherwise not in compliance with the Zoning Code, Building Code or Property Maintenance Code. For the purposes of approving a sign in conformance with the Zoning Code, a zoning sign permit shall have the same effect as a zoning certificate.
(c) Signs Requiring Permits.
(1) Signs in Zones and Districts. Signs shall be permitted in the respective districts as established in Table 1105-5: Permitted Signs and as further provided in this section.
(2) Signs in Downtown(D), Neighborhood Urban (NU). Subject to the approval of the Building and Zoning Inspector or the Planning Commission, as applicable, in conjunction with the certificate of appropriateness process required under Section 1107.11, signs shall be permitted in Downtown(D) District as established in Table 1105-5 and in conformity with the following specific provisions:
i. Residential Signs - One (1) monument sign per entrance may be located on a lot or lots within a multi-dwelling unit development within the Downtown(D) and Neighborhood Urban (NU) Districts. When located in the public right-of-way, all such signs shall be subject to a perpetual maintenance agreement and shall not be internally illuminated.
ii. Non-Residential Use or Mixed-Use Signs - Downtown (D) The following sign types shall be permitted to be displayed on structures or buildings utilized for non-residential or mixed- use purposes in conformity with the following specific provisions:
a) Sign Lighting. The following types of lighting shall be permitted in the Downtown (D) district: exterior illuminated, gooseneck lighting, shadow lit, bulb surround - non-flashing or blinking, and bulb surround - flashing or blinking.
b) Changeable Copy Types. The following changeable copy types shall be permitted in the Downtown (D) District: channel letters.
iii. Principal Signs. A maximum of two (2) of any combination of the following sign types shall be permitted per lot in the Downtown (D) District in accordance with the following provisions:
a) Wall Sign. One (1) wall sign may be erected on the wall of a building which most nearly parallels a street, parking lot or service drive, as determined by the Building and Zoning Inspector. The total permitted area for any wall sign is two (2) square feet per lineal foot of building façade or tenant space, as applicable. Any wall sign located in accordance with this subsection shall be attached parallel to the building wall, mounted on a raceway, or painted directly on a wall, provided no wall sign shall extend outward from the building wall more than twelve inches (12"). Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Wall signs shall be composed of wood or metal frames with a face of wood, metal or polycarbonate materials. Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Wall signs shall be composed of wood or metal frames with a face of wood, metal or polycarbonate materials.
b) Projecting Sign. One (1) projecting sign constructed of wood or metal, including its mounting structure, may be mounted upon and be perpendicular to the wall of a building at a ninety (90) degree angle. The surface area of each face of such projecting sign shall be a maximum of six (6) square feet. It shall not project more than three feet (3') from the building façade and shall not use a guy wire or angle iron support structure unless within the plane of the sign. A
projecting sign shall be located no less than nine feet (9') above the sidewalk or ground level. Any applicant requesting a permit for a projecting sign which extends over a public right-of-way shall provide for a hold-harmless agreement with the Village.
iv. Roof Sign. One (1) roof sign constructed of metal with a maximum surface area of eighty (80) square feet may be located on the roof of a principal structure located in the Downtown (D) District. Such roof sign shall be setback a minimum of five feet (5') from the edge of the roof of the principal structure and may be illuminated with a direct light.
v. Window Sign. Up to two (2) window signs no larger than fifteen percent (15%) of the surface area of the window or windows on which such sign or signs are placed. Any window sign located in accordance with this subsection shall be located on a window or windows on the front façade of the principal building.
vi. Awning Signs. A maximum of one (1) awning sign may be permitted in accordance with the provisions set forth under this subsection. All new awnings, or changes to awning colors shall be subject to a design and site plan review. Removal and replacement of awning materials that does not involve changes to the awning support structures shall be considered a sign face change. Changes to awning lettering that involve no material or color changes shall not require a zoning sign permit. Awning lettering may not exceed sixteen inches (16") in height.
vii. Monument Sign. One (1) monument sign with a base constructed of brick may be installed in the ORD-C. or in the NU district if the use in the NU district is non-residential. The monument sign may be a maximum of six feet (6') in height with a maximum surface area of twenty-four (24) square feet. Any monument sign located in accordance with this subsection shall be setback a minimum of ten feet (10') from the front property line or easement line, as applicable
(3) Signs in Commercial Zones (CN, CG Districts). Subject to the approval of the Building and Zoning Inspector or the Planning Commission, as applicable, in conjunction with the site plan and design review process required under Section 1105.05, signs shall be permitted in the CN as established in Table 1105-5 and in conformity with the following specific provisions:
i. Sign Lighting. The following types of lighting shall be permitted in the CN District: exterior illuminated, gooseneck lighting, shadow lit, internally lit, and bulb surround - non- flashing or blinking.
ii. Changeable Copy Types. The following changeable copy types shall be permitted in the CN District: channel letters and scrolling. Changeable copy types are not permitted in the Commercial Neighborhood (CN) District.
iii. Principal Sign Types. A maximum of two (2) of any combination of the following sign types shall be permitted in the Commercial Neighborhood (CN) District in accordance with the following provisions:
a) Awning Signs. A maximum of one (1) awning sign may be permitted in accordance with the provisions set forth under this subsection. All new awnings, or changes to awning colors shall be subject to a design and site plan review. Removal and replacement of awning materials that does not involve changes to the awning support structures shall be considered a sign face change. Changes to awning lettering that involve no material or color changes shall not require a zoning sign permit. Awning lettering may not exceed sixteen inches in height (16").
b) Monument Sign. One (1) monument sign with a base constructed of brick may be installed in the CN. The monument sign may be a maximum of six feet (6') in height with a maximum surface area of twenty-four (24) square feet. Any monument sign located in accordance with this subsection shall be setback a minimum of ten feet (10') from the front property line or easement line, as applicable.
c) Wall Sign. One (1) wall sign may be erected on the wall of a building which most nearly parallels a street, parking lot or service drive, as determined by the Building and Zoning Inspector. The total permitted area for any wall sign is two and one-half (2.5) square feet per lineal foot of building façade or tenant space, as applicable. Any wall sign located in accordance with this subsection shall be attached parallel to the building wall, mounted on a raceway, or painted directly on a wall, provided no wall sign shall extend outward from the building wall more than twenty-four inches (24"). Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Wall signs shall be composed of wood or metal frames with a face of wood, metal or polycarbonate materials.
d) Projecting Sign. One (1) projecting sign constructed of wood or metal, including its mounting structure, may be mounted upon and be perpendicular to the wall of a building at a ninety (90) degree angle. The surface area of each face of such projecting sign shall be a maximum of six (6) square feet. It shall not project more than three feet (3') from the building façade and shall not use a guy wire or angle iron support structure unless within the plane of the sign. A projecting sign shall be located no less than nine feet (9') above the sidewalk or ground level. Any applicant requesting a permit for a projecting sign which extends over a public right-of-way shall provide for a hold-harmless agreement with the Village.
e) Window Sign. Up to two (2) window signs no larger than thirty percent (30%) of the surface area of the window or windows on which such sign or signs are placed. Any window sign located in accordance with this subsection shall be located on a window or windows on the front façade of the principal building.
iv. Signs in Residential Zones (RE, NS, and NS Zoning Districts. Subject to the approval of the Building and Zoning Inspector or the Planning Commission, as applicable, in conjunction with the site plan and design review process required under Section 1105.05, signs shall be permitted in the RE, NS, and NS zones as established in Table 1105-5 and in conformity with the following specific provisions:
a) Sign Lighting. The following types of lighting shall be permitted in RM zones: exterior illuminated and gooseneck lighting. Sign lighting is not permitted in SR zones.
b) Changeable Copy Types. Changeable copy types are not permitted in SR and RM zones.
c) Principal Sign Types. The following sign types shall be permitted in the SR and RM zones in accordance with the following provisions:
d) Neighborhood Entry Sign. One (1) or more permanent ground signs may be located on a lot or lots within a subdivision or multi-family dwelling development. When located in the public right-of-way, all such signs shall be subject to a perpetual maintenance agreement and shall not be internally illuminated.
e) Flags. Flags are permitted as a supplemental sign type in RE, NS, and NS zones.
v. Real Estate Signs. One (1) freestanding real estate sign per lot frontage is permitted on premises for individual lots or building until such lots are sold or rented in accordance with the following provisions:
a) Maximum Sign Face. Six (6) square feet.
b) Maximum Height. Five (5) feet.
c) Location Requirements. At least one foot from street right of way and at least five feet from side or rear lot lines.
d) Time Restrictions. Sold signs shall be removed within five (5) calendar days from closing on the sale of the subject property.
vi. Temporary Signs. Temporary signs are permitted provided that any temporary sign may have a maximum area of two (2) square feet and may be located a maximum of three feet (3') above grade. Any temporary sign located in accordance with these provisions shall be constructed of vinyl with metal supports.
(4) Signs in Industrial Zones (IL and IH Zoning Districts).
i. Monument Sign. One (1) monument sign with a base constructed of brick may be installed in the IL and IH Districts. The monument sign may be a maximum of six feet (6') in height with a maximum surface area of twenty-four (24) square feet. Any monument sign located in accordance with this subsection shall be setback a minimum of ten feet (10') from the front property line or easement line, as applicable.
ii. Wall Sign. One (1) wall sign may be erected on the wall of a building which most nearly parallels a street, parking lot or service drive, as determined by the Building and Zoning Inspector. A wall sign shall be attached parallel to the building wall and shall not extend outward from the building wall more than fourteen inches (14"). A sign may be attached to a canopy, marquee or roof that projects beyond a structure provided that no part of such sign extends more than two feet (2') beyond such roof, canopy or marquee. Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Wall sign height shall be adequate to be visible from above average vehicle height and from the street the wall sign fronts on.
iii. Projecting Sign. One (1) projecting sign, including its mounting structure, may be mounted upon and be perpendicular to the wall of a building and shall not extend beyond any other dimension of the wall. It shall not project more than four feet (4') from the wall, and shall not use a guy wire or angle iron support structure unless within the plane of the sign. A projected sign shall be located no less than eight feet (8') above the sidewalk or ground level and no closer than six feet (6') to a street's pavement or curb. Any applicant requesting a permit for a projecting sign which extends over a public right-of-way shall provide for a hold-harmless agreement with the Village.
iv. Awnings. Awnings may be permitted in addition to or in lieu of a wall sign. Where awnings are used as the primary sign identification, the standards for wall signs shall apply. Removal and replacement of awning materials that does not involve changes to the awning support structures shall be considered a sign face change. Changes to awning lettering that involve no material or color changes shall not require a zoning sign permit. Awning lettering may not exceed twelve inches (12").
v. Window Sign. Up to two (2) window signs no larger than thirty percent (30%) of the surface area of the window or windows on which such sign or signs are placed. Any window sign located in accordance with this subsection shall be located on a window or windows on the front façade of the principal building.
(d) Supplemental Signs in Non-Residential Districts. In addition to the above-listed principal sign types the following supplemental sign types may be permitted in non-residential districts, as specified below, in accordance with the following provisions:
(1) Banner Signs. In all non-residential districts a maximum of one (1) banner sign may be permitted in accordance with the provisions set forth under this subsection. Banner signs shall be a maximum of two feet (2') wide and shall be located a maximum of eight feet (8') above grade. The display of banners shall be allowed for no more than one hundred and eighty (180) days per year, which may include any combination of consecutive ten (10) day periods, twenty (20) periods, or forty (40) days periods.
(2) Flags. Flags are permitted as a supplemental sign type in all non-residential districts.
(3) Sandwich Board Signs. A maximum of one (1) sandwich board sign may be permitted in accordance with the provisions set forth under this subsection. Sandwich board signs shall have a maximum sign face area of six (6) square feet with a maximum board width of twenty-four inches (24") and a maximum board height of thirty-six inches (36"). Any sandwich board located in accordance with this subsection shall be constructed of wood and shall be displayed for a maximum of twelve (12) hours per day.
(4) Real Estate Signs. Any combination of free-standing, wall or window real estate signs may be located upon any non-residential property for a total of three (3) signs, provided that such signs do not exceed the permitted dimensions for the corresponding sign-type in the zoning district that is applicable to the subject property. Notwithstanding anything to the contrary contained herein, if freestanding signs are not permitted in the zoning district applicable to the subject property, then one free-standing sign not exceeding seven (7) feet in height with a maximum sign face of twenty (20) square feet may be located upon the subject property. All real estate signs located in accordance with this subsection shall be removed within five (5) calendar days from closing on the sale of the subject property.
(5) Temporary Signs. Temporary signs (i.e. contractor or subcontractor signs) are permitted provided that any temporary sign may have a maximum area of two (2) square feet and may be located a maximum of three feet (3') above grade. Any temporary sign located in accordance with these provisions shall be constructed of vinyl with metal supports.
(e) Generally Applicable Regulations for all Signs.
(1) Sign height. The height of a sign shall be measured from the finished grade which shall be defined as that point where the grade line intersects the front wall of the building. The height of a sign may not be artificially increased beyond the permitted height by placement of the sign on an earth mound.
(2) Sign setbacks. Signs shall be located in conformity with the side and rear yard requirements of the applicable zone or district.
(3) Sign colors. No sign requiring a permit under the provisions of this Section shall contain more than four (4) colors, including black and white. Where a corporate logo is used, the logo shall count as one of the four (4) colors. Where a multi-tenant sign is present, no individual sign face panel may contain more than four (4) colors.
(4) Construction. All signs shall be properly constructed and maintained to ensure that no safety hazard is created. All signs shall be built in conformity with the requirements of the Building Code and the procedures of the Building Division.
(5) Location. Except as otherwise provided in this Zoning Code, no sign or any part of any sign shall be placed in, over or extend into any public right-of-way.
(6) Lighting. The level of illumination emitted or reflected from a sign shall not be so intense as to constitute a safety hazard to vehicular movement on any street from which the sign may be viewed, as determined by an average person. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent lots or streets.
(7) Concealment of Wires and Components. Irrespective of the sign type permitted under this section, all wiring and components of such sign shall be concealed from public view.
(8) Contractor Identification. All signs shall be plainly marked with the name of the person or company that installed the sign.
(9) Maintenance and Repair Required:
i. The owner of a sign shall repair, support, clean, repaint, or perform any maintenance service necessary to maintain the reasonable and proper appearance and condition of the sign. Whenever the Building and Zoning Inspector determines a sign to be in need of repair, support, cleaning, repainting or other maintenance, he/she may issue a notice to the sign owner to complete the needed repairs or maintenance.
ii. All sign face panels shall be intact and free from cracks. No sign shall be permitted to exist without an intact face panel. Whenever the Building and Zoning Inspector determines that a sign face is cracked or not intact, he/she may issue a notice to the sign owner to replace the sign face.
iii. If the Building and Zoning Inspector determines that the existing condition of the sign creates an immediate hazard to the public health, safety or welfare, he/she shall issue a notice to the owner requiring the sign to be removed immediately.
(f) Nonconforming Signs.
(1) An existing sign that does not meet the requirements of this Section shall be deemed a nonconforming sign.
(2) A nonconforming sign shall exist and be maintained in accordance with the following:
i. The size and shape of the sign structure shall not be altered, except that sign face panels may be replaced.
ii. If damage occurs to a sign to the extent of sixty percent (60%) or more of either the structure or its replacement cost at the time of destruction, the sign shall be brought into compliance with the provisions of this Zoning Code.
(3) A nonconforming sign shall not be structurally relocated or replaced, unless the new sign is in compliance with this Section.
(4) All presently existing nonconforming signs, billboards, and commercial advertising structures may continue to be used for a period of three years from the adoption of this code. No structural alterations may thereafter be made, and the said nonconforming signs, billboards, and commercial advertising structures shall be brought into conformity by removal or relocation three years from the adoption of this code.
(g) Abandon Signs and Sign Faces.
(1) A sign or sign face shall be considered abandoned when:
i. The sign or sign face remains after the discontinuance of a use. A use is considered to be discontinued if it is closed to the public for at least ninety (90) consecutive days.
ii. The sign or sign face is not maintained in accordance with the provisions of this Section and the owner of the sign has not complied with notices to maintain the reasonable and proper appearance and condition of the sign.
(2) Whenever the Building and Zoning Inspector determines that a sign has been abandoned as defined in this Section, the right to maintain and use such a sign shall terminate immediately. Physical removal of a sign may be accomplished pursuant to the nuisance abatement procedures and ordinances of the Village.
(3) Whenever the Building and Zoning Inspector determines that a sign face is abandoned as defined in this Section but the existing sign conforms to the Zoning Code, he/she may issue a notice to the sign owner to remove the abandoned panel and replace it with a blank. This shall not apply to signs maintained on lots that do not have any existing structure.
(4) Whenever the Building and Zoning Inspector determines that a sign face in a multi-tenant sign is abandoned but other panels on the sign are not abandoned, he or she may issue a notice to the sign owner to remove the abandoned panel and replace it with a blank.
(h) Special Sign Regulations for Gasoline Stations. Gasoline stations present several unique challenges for signage purposes due to industry-wide advertisement of the price of fuels for sale. In order to address these unique challenges, ground signs on lots with gasoline stations shall be permitted to incorporate electronic signage. Exempted ground signs of this type shall be subject to the following special regulations:
(1) The electronic signage shall take up no more than one-third (1/3) of the sign area permitted by this Section.
(2) The electronic signage shall consist of a solid background with only one illuminated color per electronic panel.
(3) Such signs shall be subject to all other sign regulations of this Section, and of the applicable zone or district.
(Ord. 32-2020. Passed 1-19-21.)
1105.07 ACCESSORY STRUCTURES.
(a) Generally Applicable Regulations for Accessory Uses and Accessory Structures. An accessory use or accessory structure shall be permitted in any district provided that:
(1) It is incidental to and customarily found in connection with the main use or main building permitted in the district;
(2) It is subordinate to and serves the main use or building;
(3) It is subordinate to the main use or building in ground area, floor area, extent, and purpose;
(4) It is located on the same lot as the main building or main use which it serves; and
(5) It contributes to the comfort, convenience, or necessity of occupants, business, or industry of the main use or main building served.
(6) Except as otherwise provided by this Zoning Code, a use or structure which is interpreted by the Building and Zoning Inspector or by the Board of Zoning Appeals to be an accessory use or accessory structure may only be established or constructed on a lot having a legally existing main use or main building.
(7) Except as otherwise provided in this Zoning Code, an accessory structure:
i. Shall not be located closer to any public right-of-way than the main building and shall not be located in the required front yard;
ii. Shall not be located closer than six feet (6') to any rear lot line and not closer than three feet (3') to any side lot line;
iii. Shall not be located closer than ten feet (10') to a main building;
iv. Shall not occupy more than twenty percent (20%) of the required rear yard;
v. In residential districts, the lot coverage of accessory structures shall not be more than fifty percent (50%) of the main structure;
vi. Shall not contain facilities for dwelling purposes;
vii. Shall not exceed fifteen feet (15') in height.
vii. Over 400 square feet must have a solid foundation as required by the Ohio Building Code.
(8) For the purposes of this section, a storage building equal to or less than fifty (50) square feet in area, not permanently attached to the ground, is not considered a structure. Only one (1) such storage building may be placed on a lot without a zoning certificate. Any additional buildings shall be considered accessory structures and subject to the provisions of this section. Storage buildings of this type shall be located behind the main structure and shall conform with the minimum lot line setbacks listed in this section.
(b) Accessory Dwelling Unit.
(1) An accessory dwelling may be permitted on a lot used for a single-family dwelling if approved as a conditional use, subject to the following conditions:
i. An unoccupied and unobstructed accessway shall be provided to the accessory dwelling that has a minimum width of eight feet connecting the dwelling to a public street.
ii. The accessory dwelling unit shall be occupied only by members of the family occupying the principal dwelling on the lot. The individual and their relationship to the homeowner shall be identified and if the tenant changes, the conditional use permit shall be reapplied for.
iii. The accessory dwelling unit shall not be larger than twenty-five percent (25%) of the floor area of the principal dwelling.
iv. There shall only be one utility account for the lot.
v. The accessory dwelling may have a separate exterior entrance but shall not have a separate mailing address.
(Ord. 32-2020. Passed 1-19-21.)
1105.09 TREES.
(a) Pruning Obstructions.
(1) It shall be the duty of any person or persons owning or occupying real estate bordering on any street upon which property there may be trees to prune such trees in such a manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street or alley intersection. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The minimum clearance of any overhang portion thereof shall be ten (10) feet over sidewalks, and twelve (12) feet over all streets except truck thoroughfares which shall have a clearance of sixteen (16) feet.
(2) Notice to Prune. Should any person or persons owning real estate property bordering on any street fail to prune trees as herein provided, the City Manager or designee shall cause a written notice to be served upon the upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her to prune such trees within ten (10) days after service of the notice. If the owner or other person having charge of such lands is a nonresident whose address is unknown, it shall be sufficient to publish such notice in a newspaper of general circulation in the municipality.
(3) Removal by Municipality. In the event the owner does not prune trees as directed, the City Manager or designee shall cause the pruning of said trees.
(4) Assessment of Costs. Whenever trees are pruned by the Village, the Village shall give thirty (30) days notice, by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such pruning, which notice shall be accompanied by a statement of the cost incurred.
(5) Delinquent Costs. In the event the costs assessed to prune the trees is not paid within thirty (30) days after the mailing of said notice, the Municipal Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(b) Hazardous Trees.
(1) It shall be the duty of any person owning or occupying real estate bordering on the right of way upon which there are any trees which are designated by the Tree Commission as dead, dying, diseased or hazardous or deemed a menace to the health, safety, and welfare of the residents of Greenfield, to remove or cause to be removed said tree(s) and/or shrub(s). All stumps shall be removed below the ground surface so that the top of the stump shall not project above the surface of the ground. The Municipality or its designee has the authority to enter onto any property within the Municipality to determine if a tree is a hazard to the public health, safety and welfare.
(2) Notice to Remove. Should any person or persons owning real estate property bordering on any street fail to remove the hazardous trees or shrubs as herein provided, the City Manager or designee shall cause a written notice to be served upon the upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her to remove such trees within twenty-one (21) days after service of the notice. If the owner or other person having charge of such lands is a nonresident whose address is unknown, it shall be sufficient to publish such notice in a newspaper of general circulation in the municipality.
(3) Removal by Municipality. In the event the owner does not remove the hazardous trees or shrubs as directed, the City Manager or designee shall cause the removal of said trees.
(4) Assessment of Costs. Whenever trees are removed by the Village, the Village shall give thirty (30) days notice, by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the cost incurred.
(5) Delinquent Costs. In the event the costs assessed to remove the trees or shrubs is not paid within thirty (30) days after the mailing of said notice, the Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(c) Village Removal of Trees.
(1) The City Manager or designee may remove or cause to be removed, any trees or parts thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements.
(2) The City Manager or designee shall examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole, or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he shall give the property owner written notice of their findings and an order that such person remove said tree or injurious part thereof at the owner's expense.
(3) Notice to Remove. Should any person or persons owning real estate property bordering on any street fail to remove the trees or injurious part thereof as identified in section (b) herein, the City Manager or designee shall cause a written notice to be served upon the upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her to remove such tree or injurious part thereof within forty-five (45) days after service of the notice. If the owner or other person having charge of such lands is a nonresident whose address is unknown, it shall be sufficient to publish such notice in a newspaper of general circulation in the municipality.
(4) Removal by Municipality. In the event the owner does not remove the tree or injurious part thereof as directed, the City Manager or designee shall cause the removal of said tree or injurious part thereof.
(5) Assessment of Costs. Whenever a tree or injurious part thereof is removed by the Municipality, the Municipality shall give thirty (30) days notice by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the cost incurred.
(6) Delinquent Costs. In the event the costs assessed to remove the tree or injurious party thereof is not paid within thirty (30) days after the mailing of said notice, the Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(d) Tree Removal.
(1) Municipality Removal. Whenever it is necessary to remove a tree from a tree lawn in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley or highway used for vehicular traffic, the Municipality shall replant such trees, or replace them; provided, that funds are appropriated for the replacement by Council and the replacement may be satisfied if an equivalent number of trees of the same size and species are provided for by the Tree Commission are planted in an attractive manner on the adjoining property.
(2) Owner Removal. No person or property owner shall remove a tree from the tree lawn for the purpose of construction, or for any other reason without first filing an application and obtaining a permit from the City Manager or designee and without replacing the removed tree. Such a replacement shall meet the standards of size, species and placement as provided for in a permit issued by the City Manager or designee. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(3) Whenever trees are replaced by the Municipality, the Municipality shall give thirty (30) days notice by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the cost incurred. In the event the costs assessed to remove the tree or injurious party thereof is not paid within thirty (30) days after the mailing of said notice, the Municipal Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(e) Permit.
(1) Issuance. No person shall remove, injure, destroy, disturb, or undertake any procedure which is likely to cause the death or substantial destruction of any tree located in the tree lawn without first procuring a tree removal permit from the Municipality. Tree removal permits authorizing the removal of a tree located in the tree lawn may be issued by the City Manager or designee for the following reasons:
i. The tree is dead or dying;
ii. The tree is affected with any injurious disease, fungus, insect or other pest;
iii. The tree is damaged or injured to the extent that it is likely to die or become diseased; or constitutes a hazard to persons or property; and/or
iv. The City Manager believes the tree should be removed as part of a comprehensive construction/building/development plan whereby new and additional trees will be installed.
(2) Receipt of Tree Removal Permit. Upon receipt of a tree removal permit, the permittee:
i. May remove the tree(s) as provided in the permit;
ii. Shall replace the tree removed if it was damaged or injured by other than natural causes;
iii. Shall replace the tree if it was removed without a tree removal permit, or there is a violation of the tree removal permit;
iv. Is encouraged to replace the tree if it was diseased, dead or dying from natural causes.
v. Application for Tree Removal Permit. The application for a tree removal permit shall contain:
vi. Name and address of applicant;
vii. Address of property where treelawn tree(s) sought to be removed is located;
viii. A written statement indicating the reason for removal of the tree;
ix. Name and address of contractor or other person who is proposed as having responsibility for tree removal;
x. A statement of the plan for replacement including types of replacements if varies from tree removed and location of proposed replacements.
xi. A report from a certified arborists if required by the Village; and
xii. A tree removal permit fee of ten dollars ($10.00).
(f) Construction Activities.
(1) Protective Fencing. The owner shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the treelawn so that all treelawn trees shall be preserved. The fencing and other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet, whichever is greater, unless otherwise approved by the City Manager or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the treelawn area. Any change to the protective fencing must be approved by the City Manager or designee.
(2) Construction Measures. During all phases of construction, all steps necessary to prevent the destruction or damage to treelawn trees (other than those specified to be removed) shall be taken, including but not limited to the following:
i. No construction activity, movement and/or placement of equipment, vehicles or materials or spoils storage shall be permitted within the treelawn area. No excess soil, additional fill, liquids, or construction debris shall be placed within the critical root zone of any tree that is in the treelawn.
ii. All required protective fending or other physical barrier must be in place around the treelawn area and approved by the Municipality prior to the beginning of construction, including site clearing. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet, whichever is greater, unless approved by the City Manager or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the treelawn area. Any change in the protective fencing must be approved by the City Manager or designee.
iii. No attachments, including but not limited to ropes, nails, advertising posters, signs, fences or wires (other than those proposed for bracing, guying or wrapping) shall be attached to any trees in the treelawn;
iv. No gaseous liquids or solid substances which are harmful to trees shall be permitted within the treelawn area;
v. No fire or heat shall be permitted within the treelawn area;
vi. Unless otherwise authorized by the tree removal permit, no soil is to be removed from or placed upon the critical root zone of any tree that is to remain; and
vii. Every effort shall be made to protect existing treelawn trees during the placement of utility service lines including augering and/or jackings opposed to open cutting as appropriate.
(3) Compliance. It shall be unlawful for any person, firm or corporation, including public utilities, to fail to abide by the terms of any tree removal permit issued by the Municipality. If, in the opinion of the Municipality, the necessary precautions as specified herein and in the permit were not undertaken before construction commenced or are not maintained at any time during construction, a stop work order will be issued by the Village until such time as the permittee complies with these precautions.
(g) Emergencies.
(1) In order to avoid danger or hazard to persons or property, during emergency conditions requiring the immediate cutting or removal of a treelawn tree(s), a tree removal permit will be issued by the Village without formal application. The Municipality may proceed to remove any tree deemed dangerous or hazardous to persons or property during emergency conditions requiring the immediate cutting or removal of a treelawn tree.
(2) In the event of such an emergency, it shall be lawful to proceed with cutting of the tree or trees to the extent necessary to avoid immediate danger or hazard. In the event the person causing the cutting shall report the action taken to the City Manager or designee within forty-eight (48) hours hereof.
(h) Appeals. Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals any decision made by the Village or Commission under the provisions of this Section. A written appeal shall be filed with the Municipal Clerk within ten (10) days of the decision by the Village or the Commission. The Board of Zoning Appeals shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a hearing, consider the appeal, and make a decision on the appeal.
(i) Interpretation/Severability. Whenever the requirements of this Section conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. Should any section of this Section be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of this Section as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(j) Penalties. Any person, firm or corporation violating or failing to comply with any provision of this Section shall be fined not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) or imprisoned not more than sixty (60) days, or both.
(Ord. 32-2020. Passed 1-19-21.)
1105.11 LANDSCAPING AND BUFFERING.
(a) Purpose and Intent. These standards are intended to establish landscaping regulations that:
(1) Improve the aesthetic appearance of setback areas, common open space areas, public rights-of- way and off-street vehicular parking areas;
(2) Encourage the preservation of existing trees and natural features;
(3) Promote compatibility among different land uses;
(4) Promote the use of generally accepted landscape design principles; and
(5) Protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening unsightly areas, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety.
(b) Application. A landscape plan and tree survey shall be required in conjunction with any application for a zoning certificate, a variance, a conditional use permit, a similar use determination, a subdivision plat, or a site plan and design review approval. Such landscape plan and tree survey shall include the following:
(1) The present location, size, and description of all existing major trees, with a designation of existing major trees sought to be removed.
(2) The location, size and description of landscaping materials proposed to be placed on the lot in order to comply with this section.
(3) The location and size of any structures presently on the lot, and those proposed to be placed on the lot.
(4) The proposed location and description of screening to be placed on the lot in order to comply with this section.
(c) General Landscape Provisions.
(1) No zoning certificate, variance, conditional use permit, similar use determination, subdivision plat or site plan and design approval shall be granted until a landscape plan is approved in accordance with this Section.
(2) No landscaped area shall be used for display and/or storage purposes.
(3) The species, location and spacing of trees and shrubs planted in all public rights-of-way and on all sites shall be subject to approval by the Building and Zoning Inspector.
(4) No Certificate of Occupancy shall be granted until all conditions herein have been met; however, in the event landscaping cannot be completed due to weather conditions, or peculiar conditions related to the development of the subject property such as conditions related to phased development, the applicant shall provide financial security, in a form acceptable to the Village, in the amount of one hundred twenty-five percent (125%) of the cost of materials and installation of all remaining landscaping to be completed and an estimate of such costs in order to be eligible for a Certificate of Occupancy.
(5) When phasing development upon a property, a proportionate share of landscaping acceptable to the Village shall be installed and maintained with each phase based on the size of the proposed phase and shall be considered completed for the purposes of these regulations when such proportionate share of landscaping has been installed, unless special circumstances warrant the installation of a greater amount of landscaping with any phase.
(6) The developer and/or property owner shall be responsible for the installation and maintenance of all landscaping, buffering, perimeter treatment and screening improvements in a healthy condition. This provision shall also apply to single-family and two-family dwellings.
(7) Bare earth shall not be considered landscaping or a landscaped area for the purposes of meeting the landscape requirements herein. Land area shall be considered "covered" if it is used for growing grass, shrubs, trees, plants or flowers, or if covered by decorative rock, stone or wood chips, or otherwise landscaped as provided herein. This provision shall also apply to single-family and two-family dwellings.
(8) These landscaping provisions are not intended to require multiple or overlapping setbacks, buffers and perimeter treatments. When more than one (1) such standard applies, that standard which results in the higher landscaping or buffering requirement shall apply. Buffering and perimeter treatments may be located within the required setbacks and may be counted toward required open space except not as usable open space.
(9) Utility easements which conflict with required buffer yards, perimeter treatment, parkway or median standards may require an alternative design approach to address such conflicts.
(d) Tree Preservation. Unless exempted in accordance with this subsection, all existing major trees shall be preserved. The Building Inspector may approve the cutting down, removal or destruction of a major tree/trees when the tree or trees interferes with the proper development of the lot, provided that the lot is the subject of an application for approval of a zoning certificate, development plan approval or variance, such application is approved and one of the following applies:
(1) The tree or trees will be located within the public right of way.
(2) The subject property cannot be arranged in a manner to avoid removal of the tree or trees at the same time permitting the desirable and logical development of the lot.
(3) The tree/trees are located within the proposed driveway to service a single-family home, and such driveway cannot otherwise be relocated.
(4) The tree is damaged or diseased or can be proven to be of poor quality.
(5) The tree/trees are an undesirable species in its present location
(e) Tree Replacement. Each existing major tree removed in accordance with subsection (d) above shall be replaced with one (1) tree, having a minimum caliper of one and three-quarters inch (1 3/4") as measured one foot (1') above ground level.
(f) General Landscape Standards.
(1) The following standards shall ensure that landscaping is used to improve the aesthetic quality of a development or site in addition to providing a functional purpose and year-round interest and/or screening.
(2) The size of landscape elements and materials shall meet minimum standards and be consistent with the size of the project and any existing streetscape. Minimum plant sizes are as follows:
(3) Landscaping in parking areas, driveway entrances and intersections shall be designed to meet the minimum clear sight triangle as defined in the Zoning Code.
(4) Monoculture, or the extensive use of a single species of trees, shall be limited in order to minimize the potential for disease or pests to strike a particular species resulting in significant same-species loss. The following limits shall apply:
Table 1105-6
Minimum Plant Size
Minimum Plant Size
Plant Type | Plant Size |
Deciduous trees | Two inches (2") caliper, measured one foot (1') above ground |
Ornamental trees | One-and one-half inches (1 ½") caliper, measured one foot (1') above ground |
Evergreen trees | Six feet (6') in height |
Shrubs | Eighteen inches (18") in height or eighteen inches (18") spread, depending on growth characteristics |
Table 1105-7
Maximum Number of Same Species
Maximum Use of Same Species
Number of Trees on Site | Maximum % Of Same Species |
10-19 | 50% |
20-39 | 33% |
40-59 | 25% |
Over 60 | 15% |
(1) Plant materials used in conformance with the provisions of this section shall conform to the specifications of the American Association of Nurserymen (AAN) for number one grade and shall have all wire and twine removed prior to planting. All trees shall be balled and burlapped or equivalent. Grass sod shall be clean and free of weeds and noxious pests or diseases. Plant materials which are known to be intolerant of the area in which they are proposed to be installed, or whose physical characteristics may be injurious to the public shall not be specified for use.
(2) If any trees or other plant materials die or become diseased and must be removed, the property owner shall be responsible for replacing all materials that were removed. In the event that existing preserved trees die or become diseased and must be removed; the replacement shall be based on the tree credits Table 1105-8. If trees or shrubs are removed for convenience purposes, the property owner shall be responsible for replacing all removed materials elsewhere on the site. If adequate space is not available on the site, the replacement shall occur at a location approved by the Village. Upon issuance of a citation, corrective action shall be completed within sixty (60) days unless the Development Director or designee determines that weather constraints require one additional sixty (60) day period. Failure to meet the requirements of this section shall constitute a violation of this Zoning Code and the penalty requirements shall apply.
(3) Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines and traffic safety. Trees planted near public sidewalks shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters, pedestrian ways, bike paths and other public improvements. A protective tree grate and vault shall be provided when trees are planted in paved areas such as plazas or sidewalks. This provision shall also apply to single-family and two-family dwellings.
(4) When an applicant presents that the placement of all trees and shrubs as required in this section would create an impractical landscape effect, a portion of the trees and shrubs may be located in alternative locations on the same site, subject to approval by the City Manager or designee.
(5) In no event shall a landscaped setback be less than six feet (6') in width, nor shall the width of the landscaped setback be inadequate to allow for the installation and healthy growing condition for the required amount of trees or shrubs.
(6) In order to promote efficient irrigation and maintenance measures, berms shall not exceed a slope of three to one (3:1) and shall be graded to appear as smooth, rounded, naturalistic forms.
(7) To insure that landscape materials do not constitute a driving hazard, a clear "sight triangle" shall be observed at all street and access drive intersections. In the case of a Village street intersection, the sight triangle shall consist of the area between points twenty feet (20') along both intersecting streets from their respective edge of pavements. Ground cover, perennials, shrubs and trees shall be permitted within the sight triangle provided that perennials and shrubs do not exceed a maximum height of eighteen inches (18") and tree trunks shall be devoid of limbs to a height of eight feet (8').
(g) Street Tree Requirements. It shall be required in all zones and districts that applicants plant trees along public streets of their development. Trees shall be planted in such manner, type, quantity and locations as approved by the Building and Zoning Inspector or the Planning Commission in conjunction with the site plan and design review process, as defined by the following conditions, and that any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.
(1) Trees planted shall be on the list of approved street trees maintained by the Village of Greenfield.
(2) The minimum spacing between this and other trees shall be thirty-five feet (35') for large trees (mature height of fifty feet (50') or more), twenty-five feet (25') for medium trees (mature height of between thirty and fifty feet (30'-50') and fifteen feet (15') for small trees (range from ten to thirty feet (10'-30') at maturity).
(3) The maximum spacing between trees shall be forty-five feet (45') for large trees, thirty-five feet (35') for medium trees, and twenty-five feet (25') for small trees.
(4) The minimum distance between the tree and the edge of the street shall be two and one-half feet (2 ½') for a large tree, two feet (2') for medium tree and one and on-half feet (1 ½') for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two feet (2') for a large tree, two feet (2') for a medium tree and one and one-half feet (1 ½') for a small tree, as defined in approved street tree list.
(5) Trees shall be located so that a twenty-foot (20') sight triangle is maintained at street intersections.
(6) A small tree shall be used when planting under or within ten (10) lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten to twenty (10-20) lateral feet of overhead utility wires.
(7) At the time of platting, the developer shall develop a street tree plan that establishes the species and size of trees to be planted along the streets of the proposed subdivision.
(8) The developers shall be required to maintain all trees for a period of one (1) year after any installation and replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. Upon completion of a street tree planting, the landscape contractor shall contact the Building and Zoning Inspector for a preliminary inspection. The one-year guarantee period shall begin after the approval of the Building and Zoning Inspector. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the city's inspection, shall be promptly replaced at the expense of the developer. Upon replacement, the one-year guarantee period shall recommence for those materials having been replaced.
(9) Most new plantings should be watered in daily for a week of one (1) inch deep of water each day, and after that, weekly waterings of at least one (1) inch deep. Measurable rain of at least one (1) inch is an acceptable substitute for one (1) watering. All plantings should be inspected for infestation and physical damage to the crown, trunk, branches and roots. A qualified arborist should be consulted about infestations and pruning, as well as choice of trees in a singular planting or replanting
(10) All street trees along any one street shall be of the same species and variety to promote a continuous landscape treatment. A change in variety will only be permitted at intersections and other logical beginning and ending points.
(11) The minimum trunk caliper measured one foot (1') above the ground for all street trees shall be no less than two inches (2").
(h) Interior Lot Landscaping. For all new construction or land development for which a building permit and/or a zoning certificate is required, trees shall be provided for within the structure-related property lot lines, equal to or in excess of the following total tree trunk diameters (as measured one foot (1') from the ground level) for the specified building ground coverage square footage or land area square footage, by building and/or land use type, as follows:
(1) All residences and residential land uses, per dwelling unit, there must be planted one-half inch (½") in trunk diameter for everyone hundred and fifty (150) square feet or fraction thereof of building ground coverage, with a minimum of two inches (2") of total trunk diameter.
(2) All commercial structures, including commercial-related parking, loading and trash storage areas, and all industrial, warehouse, and storage uses and their associated parking, loading, and trash storage areas:
i. Up to twenty thousand (20,000) square feet: one inch (1") trunk diameter for every two thousand (2,000) square feet or fraction thereof with a minimum of two inches (2") of total trunk diameter.
ii. Twenty thousand and one to fifty thousand (20,001 - 50,000) square feet: a total trunk diameter of ten inches (10"), plus one-half inch (½") of trunk diameter for every two thousand (2,000) square feet over twenty thousand (20,000) square feet or fraction thereof.
iii. Over fifty thousand (50,000) square feet: a total trunk diameter of twenty inches (20"), plus one inch (1") of trunk diameter for every four thousand (4,000) square feet over fifty thousand (50,000) square feet or fraction thereof.
iv. All office uses, institutional uses, convalescent and nursing homes and child daycare facilities, including related parking, loading and trash storage areas:
v. Up to nineteen thousand and five hundred (19,500) square feet: one inch (1") in trunk diameter for every fifteen hundred (1,500) square feet or fraction thereof, with a minimum of two inches (2") of total trunk diameter.
vi. Nineteen thousand, five hundred and one to forty-nine thousand and five hundred (19,501 - 49,500) square feet: a total trunk diameter of thirteen inches (13"), plus two inches (2") of trunk diameter for every two thousand (2,000) square feet over nineteen thousand and five hundred (19,500) square feet or fraction thereof.
vii. Forty-nine thousand, five hundred and one (49,501) square feet and more: a total trunk diameter of twenty-five inches (25"), plus two inches (2") of trunk diameter for every three thousand (3,000) square feet over forty-nine thousand and five hundred (49,500) square feet or fraction thereof.
(3) Existing healthy trees and shrubs shall be preserved and incorporated into the overall site and landscape design to the maximum extent practical as determined by the City. Existing trees may be credited toward minimum tree planting requirements as follows:
i. Existing trees, which are preserved, may be credited toward the tree planting requirements of this section according to Table 1105-8 - Credit for Existing Trees. Tree credits shall be given as long as all other provisions and the intent of this Zoning Code are met. Fractional caliper measurements shall be attributed to the next lowest category.
Table 1105-8
Credit for Existing Trees
(In Aggregated Inches)
Credit for Existing Trees (In Aggregated Inches)
CALIPER AT FOUR AND HALF FEET (4.5') ABOVE GROUND | NUMBER OF TREE CREDITS |
20 total inches | 4 (equal to 4 trees) |
13 - 19 total inches | 3 (equal to 3 trees) |
8 - 12 total inches | 2 (equal to 2 trees) |
2 - 7 total inches | 1 (equal to 1 trees) |
ii. No credit shall be given for existing preserved trees that are:
a) Not located on the actual development site;
b) Not properly protected from damage during the construction process;
c) Prohibited species under the caliper size of thirteen inches (13") measured at four and one-half feet (4 ½') above the ground; or
d) Dead, dying, diseased, or infested with harmful insects.
iii. In order to apply for credit, existing trees must be protected during construction. All existing trees shall be protected by the placement of an orange construction fence around the perimeter of the tree/trees. In order to protect the root system of the existing trees, said fence shall be installed at a minimum radius from the trunk. The minimum shall be one foot (1') of radius per one inch (1") of caliper of the tree. (ex. on a six inch (6") diameter tree, the fence shall be placed a minimum of six feet (6') from the trunk of the tree.)
iv. No new tree plantings shall be required if existing trees to remain on the site after development, and the aggregate trunk sizes of such trees, meet or exceed the requirements as set forth above.
v. Any combination of existing and new trees may be used to meet the requirements of this section.
(i) Property Buffer Requirements.
Table 1105-9:
Summary of Buffer Requirements
Summary of Buffer Requirements
Zone or District Requiring Buffer | Adjacent Zone or District Required to Provide Buffer | Buffer Requirements |
RE, NS, or NU | CN or D | o 10-foot (10') buffer along all common boundaries; o One (1) tree for every forty feet (40') of linear boundary or fraction thereof; o Continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof. |
RE, NS, or NU | CG | o 15-foot (15') buffer along all common boundaries; o One (1) tree for every forty feet (40') of linear boundary or fraction thereof; o Continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof. |
Any residential use in any zoning district | Any non-residential use in RE, NS, or NU | o 5-foot (5') buffer along all common boundaries; o One (1) tree for every fifty feet (50') of linear boundary or fraction thereof; o Continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof. |
Zone or District Requiring Buffer | Adjacent Zone or District Required to Provide Buffer | Buffer Requirements |
SR, RM, or residential use in other zoning district | IL or IH | o 15-foot (15') buffer along all common boundaries; o One (1) tree for every twenty feet (20') of linear boundary or fraction thereof; o Continuous ten foot (10') high planting, hedge, fence, wall, earth mound or combination thereof. |
Any zone (except for IL or IH) | Adjacent freeway or arterial | o Twenty feet (20') for residential zones and fifteen feet (15') for all other zones adjacent to a freeway or arterial o One (1) tree for each thirty feet (30') of linear boundary, or fraction thereof; o Continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof. |
Any zone (except for IL or IH) adjoining a railroad | Any property with a railroad | o Twenty feet (20') for residential zones and fifteen feet (15') for all other zones adjacent to railroad boundaries; o One (1) tree for each thirty feet (30') of linear boundary, or fraction thereof; o Continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof. |
(1) Grass or Ground Cover Required. Grass or ground cover shall be planted on all portions of the required buffer not occupied by other landscape material. Trees do not have to be equally spaced but may be grouped. All landscape requirements shall be met by the applicant if his/her property is contiguous to property fully developed prior to the passage of this Section. A landscape plan meeting the requirements of this section shall be approved by the Planning Commission or the Building and Zoning Inspector in conjunction with the site plan and design review process before the commencement of construction on the subject property.
(2) Buffer Requirements. When one zoning classification abuts another zoning classification, a
i. Any residential zone adjoining the CN, the required buffer zone is ten feet (10') adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty feet (40') of linear boundary, or fraction thereof, and a continuous six foot (6') high planting, hedge, fence, wall, earth mound, or combination thereof.
ii. Any residential zone adjoining the CG, the required buffer zone is fifteen feet (15') adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty feet (40') of linear boundary, or fraction thereof, and a continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof.
iii. Any residential use adjoining a property located in a residential zone operating with a conditional use; required buffer zone is fifteen feet (15') adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty feet of linear boundary, or fraction thereof, and a continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof.
iv. Any residential zone or any residential use in any zoning classification adjoining an Innovation (I) District required buffer zone is twenty feet (20') adjacent to all common boundaries except street frontage and shall include one (1) tree for each twenty (20) feet of linear boundary, or fraction thereof, and a continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof.
v. Any zone adjoining a freeway or arterial street prohibiting driveways; required buffer zone is twenty feet (20') for residential zones and fifteen feet (15') for all other zones adjacent to a freeway or arterial and shall include one (1) tree for each thirty feet (30') of linear boundary, or fraction thereof, and a continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof.
vi. Any zone (except Innovation) adjoining a railroad; required buffer zone is twenty feet (20') for residential zones and fifteen feet (15') for all other zones adjacent to railroad boundaries and shall include one (1) tree for each thirty feet (30') of linear boundary, or fraction thereof, and a continuous six foot (6') high planting, hedge, fence, wall, earth mound or combination thereof.
(j) Parking Area Landscaping Standards.
(1) Parking lots containing more than six thousand (6,000) square feet of area or twenty (20) or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil that contains a minimum of six inches (6") of top soil mix, as well as perimeter landscaping peninsular or island types of uncompacted, well-drained soil that contains a minimum of six inches (6") of top soil mix, as well as perimeter landscaping.
(2) For every ten (10) parking spaces or fraction thereof, the applicant shall provide not less than two hundred (200) square feet of interior landscaped parking lot areas containing at least one (1) tree with a minimum diameter of two inches (2") and four (4) shrubs.
(3) The minimum landscape area permitted shall be two hundred (200) square feet with a minimum planting width of ten feet (10').
(4) In order to encourage the required landscape areas to be properly dispersed, and to break up large expanses of parking, no individual landscape area shall be larger than five hundred (500) square feet in size in vehicular use areas less than thirty thousand (30,000) square feet and no individual landscape area shall be larger than two thousand (2,000) square feet in vehicular use areas over thirty thousand (30,000) square feet. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.
(5) All parking lots shall provide perimeter landscaping. Parking lots shall have perimeter landscaping of a minimum width of ten feet (10') exclusive of vehicle overhang. The perimeter landscaping shall consist of a continuous evergreen hedge, evergreen trees, earthen mound or a combination thereof as required to provide a continuous opaque screen, a minimum of thirty-six inches (36") in height, within one (1) year of installation. The perimeter landscape shall also contain a minimum of one (1) deciduous tree per fifty (50) linear feet of parking perimeter.
(6) Parked vehicles may hang over the interior landscaped area no more than two and one-half feet (2 ½'). Concrete or other wheel stops shall be provided to ensure no greater overhang on the landscaped area. Where parked vehicles will overhang, a four-foot (4') minimum spacing shall be provided from the edge of pavement to all trees.
(7) Grass or ground cover shall be planted on all portions of the required landscaping area not occupied by other landscape material. Such material fulfills required interior or perimeter landscaping.
(k) Screening and Landscaping for Service for Structures.
(1) In order to properly screen service structures from the main building and neighboring lots, the following screening requirements shall apply:
(2) Location of screening. Either a solid, opaque fence or wall or earth berm, with a continuous planting of evergreen plant material shall enclose any service structure on all sides, unless such structure must be frequently accessed, in which case screening on all but one (1) side is required. The average height of the screening fence or wall shall be one foot (1') more than the height of the enclosed structure but shall not exceed the maximum permitted height of fences and walls of the District.
(3) Mechanical equipment and service functions associated with a building shall, to the maximum extent feasible, be incorporated into the overall design theme of the building and the landscape so that these functions are out of view from public ways and adjacent properties while allowing convenient access.
(4) Plant material required for screening of service structures shall not count towards the fulfillment of other landscape requirements in this section. No interior landscaping shall be required within an area screened for service structures.
(5) Curbs to protect plant material. Whenever plant material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided adjacent to the plant material. The curbing shall be at least one foot (1') from the material and shall be designed to prevent possible damage to the plant material when the container is moved or emptied.
(6) Service structures shall be grouped together whenever possible.
(7) The provisions of this section shall not apply to service structures located on lots with single family and two-family dwellings, except that any generator located within six feet (6') of any lot.
(Ord. 32-2020. Passed 1-19-21.)
1105.13 EXTERIOR LIGHTING.
(a) Purpose and Applicability. The purpose of this section is to ensure that all exterior site and building lighting shall not affect the reasonable use and enjoyment of adjacent properties but provide minimum levels to enhance safety of individuals and property. Lighting standards shall also protect the safety and operation of vehicles on the public rights-of-way from levels of illumination that are emitted or reflected from light sources of an intensity sufficiently to constitute a safety hazard to vehicular movement. Lighting standards shall apply to all lots except those developed with single family or two - family dwellings.
(b) Exterior Lighting Regulations. Exterior site lighting shall be designed, located, constructed and maintained to minimize light and reflected light trespass and spill over off the subject property. Glare shall be minimized from all light sources.
(1) The average horizontal illumination level on the ground shall not exceed three (3) footcandles. The light level along a property line adjacent to a residentially-zoned or used property shall not exceed an average intensity of one-half (0.5) footcandle.
(2) The height of parking lot lighting shall not exceed twenty feet (20') above grade and shall direct light downward, i.e. cut-off type fixtures. In conjunction with a major site plan review, the Planning Commission may require a lower standard based upon specific characteristics of the site.
(3) The color of parking lot lighting poles and other lighting infrastructure shall match or complement the colors of the building's architecture, as approved by the Planning Commission.
(4) For pedestrian areas, decorative low light fixtures shall be used and the height of the fixture shall not exceed fourteen feet (14') above grade.
(5) Exterior building illumination shall be from concealed sources. Strobe or flashing lights and exposed neon lights are not permitted. Lighting fixtures shall not generate excessive light levels, cause glare, or direct light beyond the facades onto neighboring property, streets, or the night sky. The maximum illumination of any vertical surface or angular roof surface shall not exceed four (4) footcandles.
(6) Security lighting shall be full, cut-off type fixtures, shielded and aimed so that illumination is directed to the designated areas with the lowest possible illumination level to effectively allow surveillance.
(7) Lighting fixtures used to illuminate the area below a freestanding canopy shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy. However, indirect lighting may be used where a shielded source of light is beamed upward and then reflected down from the underside of the canopy.
(Ord. 32-2020. Passed 1-19-21.)
1105.15 FENCES AND SCREENING.
(a) Fences. The following regulations shall apply to the location of fences in the front, side, and rear yards of properties located in the Village of Greenfield.
(1) Fences in Downtown (D) District. The following regulations shall govern fences located upon properties in the Downtown (D) District:
i. Front and Corner Yard Fences-Height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four feet (4').
ii. Front and Corner Yard Fences-Setback. Front and corner yard fences shall be no closer to the right-of-way than three feet (3').
iii. Front and Corner Yard Fences-Opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty percent (50%) open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
iv. Rear and Side Yard Fences-Height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than six feet (6').
v. Rear and Side Yard Fences-Setback. Rear and side yard fences shall be no closer to the adjacent property line than one foot (1').
vi. Rear and Side Yard Fences-Opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred percent (100%).
vii. Fence Materials. Fences in residential districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(2) Fences in Residential Districts. The following regulations shall govern fences located upon properties in Residential Districts:
i. Front and Corner Yard Fences-Height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four feet (4').
ii. Front and Corner Yard Fences-Setback. Front and corner yard fences shall be no closer to the right-of-way than three feet (3').
iii. Front and Corner Yard Fences-Opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty percent (50%) open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
iv. Rear and Side Yard Fences-Height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than six feet (6').
v. Rear and Side Yard Fences-Setback. Rear and side yard fences shall be no closer to the adjacent property line than one foot (1').
vi. Rear and Side Yard Fences-Opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred percent (100%).
vii. Fence Materials. Fences in residential districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(3) Fences in Commercial Districts. The following regulations shall govern fences located upon properties in Commercial Districts:
i. Front and Corner Yard Fences-Height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four feet (4').
ii. Front and Corner Yard Fences-Setback. Front and corner yard fences shall be no closer to the right-of-way than three feet (3').
iii. Front and Corner Yard Fences-Opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty percent (50%) open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
iv. Rear and Side Yard Fences-Height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than eight feet (8').
v. Rear and Side Yard Fences-Setback. Rear and side yard fences shall be no closer to the adjacent property line than one foot (1').
vi. Rear and Side Yard Fences-Opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred percent (100%).
vii. Fence Materials. Fences in commercial districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(4) Fences in Industrial Districts. The following regulations shall govern fences located upon properties in the Industrial Districts:
i. Front and Corner Yard Fences-Height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four feet (4').
ii. Front and Corner Yard Fences-Setback. Front and corner yard fences shall be no closer to the right-of-way than three feet (3').
iii. Front and Corner Yard Fences-Opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty percent (50%) open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
iv. Rear and Side Yard Fences-Height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than ten feet (10').
v. Rear and Side Yard Fences-Setback. Rear and side yard fences shall be no closer to the adjacent property line than one foot (1').
vi. Rear and Side Yard Fences-Opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred percent (100%).
vii. Fence Materials. Fences in the Industrial Districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same. Metal, non-chain-link, fences are permitted in the Industrial Districts.
viii. Barb-Wire Fences-Industrial Districts. Fences containing barbs may be erected as rear fences to secure properties in the Industrial Districts. The Building and Zoning Inspector shall only grant a fence permit for a fence of this type after determining that the nature and location of the fence is not a danger to the public or intended to injury persons engaged in lawful activity
ix. Barb-Wire Fences-Industrial Districts. Fences containing barbs may be erected as rear fences to secure properties in the Industrial Districts. The Building and Zoning Inspector shall only grant a fence permit for a fence of this type after determining that the nature and location of the fence is not a danger to the public or intended to injury persons engaged in lawful activity.
(b) Temporary Fences. Temporary fences may be constructed without a permit for the following reasons:
(1) As required due to an unsafe building, right-of-way or utility maintenance emergency.
(2) A construction fence in conjunction with a site that has active building permits.
(3) In conjunction with an approved temporary special land use permit or any special event approved through the Parks and Recreation Department. Temporary fences of this nature may only be maintained for the length of the approved permit or through the duration of the special event.
(4) Temporary horticultural fences are permitted as temporary fences within the area designated for rear fences. Temporary horticultural fences shall be of an open design, shall not exceed four feet (4') in height, and not enclose an area larger than five hundred (500) square feet.
(5) Temporary fences may be constructed of materials or in a manner not consistent with the provisions of this Section, but shall not be constructed in a manner designed to cause a hazard to public safety.
(6) In the event a temporary fence exists for a period of thirty (30) days or more, and the Building and Zoning Inspector determines that it is a hazard to public safety, the Building and Zoning Inspector may require a fence permit or that the fence comply with any provision of this Section.
(c) Generally Applicable Fence Regulations.
(1) All fences, unless specifically exempt by this Section, shall require a fence permit from the Building and Zoning Inspector. No fence shall be erected, constructed, altered, relocated or rebuilt prior to obtaining a fence permit. An existing fence that requires new vertical posts to be set shall be considered an altered fence, and subject to a new permit. For the purposes of this Section, a fence permit shall have the same effect as a zoning certificate in proving conformance with the Zoning Code.
(2) Fences shall only be constructed in conformance with the provisions of this Section and of the fence permit issued by the Building and Zoning Inspector.
(3) No fence shall be installed in a manner or location which obstructs or alters the drainage of the lot on which it is located or of any abutting lot. All fences that are constructed abutting or across drainage easements shall be subject to the following additional regulations:
i. Shadow box fences and fences of an open design, which is defined as at least fifty percent (50%) open will be the preferred fence styles. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
ii. Privacy fences shall provide a gap between the vertical boards and the ground of no less than two inches (2").
(4) Fences may be inspected for compliance with the provisions of this Zoning Code. If any fence is installed, erected, constructed or maintained in violation of any of the provisions of this Section, the Building and Zoning Inspector may notify the owner or lessee of the fence in question to repair or replace the fence so as to comply with this Section or to remove it.
(5) No fence shall be constructed of materials such as highway guardrails, corrugated metal, metal wire or plastic mesh, or other such materials that are not designed for use as fencing material or are not sufficiently weather resistant and durable.
(6) No fence shall be constructed which is electrically charged, includes any material which is potentially hazardous such as spikes or barbed wire, or is otherwise designed to injure except as provided for in this Section.
(7) Chain-link fences may not be utilized as a means of support for wooden privacy fences. (Ord. 32-2020. Passed 1-19-21.)
1105.17 SUPPLEMENTARY USE STANDARDS.
(a) Temporary Land Use. The Building and Zoning Inspector shall have the power to grant permits authorizing temporary special land uses for the following types of temporary sales: tent sales, sidewalk sales, or seasonal sales of produce, plants, firewood, or Christmas trees.
(1) Zoning Districts Where Permitted. Temporary special land uses for tent sales, sidewalk sales, or seasonal sales of produce, plants, firewood, or Christmas trees shall only be permitted in the Neighborhood Urban (NU), Commercial Neighborhood (CN) and Commercial General (CG).
(2) Application and Fee. Every person, firm or corporation desiring to obtain a temporary special land use permit, as required by this section, shall file an application with the Building and Zoning Inspector together with an application fee. The application for a temporary special land use permit shall be accompanied by plans and specifications as required by the Building and Zoning Inspector. This includes but is not limited to, plans that show the following:
i. The shape, location, and dimensions of the lot, including the shape, size, location, and use of all buildings or other structures already on the lot, and the off-street parking layout.
ii. The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands or display racks.
iii. The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking space, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.
(3) Time Limitations.
i. A temporary special use permit for a tent or sidewalk sale shall be effective for no longer than seven (7) days. No more than three (3) temporary special land use permits for tent sales or sidewalk sales shall be issued for a given location within a single calendar year. Temporary special use permits for tent sales or sidewalk sales shall not be issued for any given location for consecutive time periods except in the Downtown (D) , Commercial Neighborhood (CN), and the Commercial General (CG) Districts.
ii. A temporary special land use permit for the sale of Christmas trees shall be effective for no longer than thirty (30) days. No more than one (1) temporary special land use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.
iii. A temporary special use permit for seasonal sales of produce, plants, or firewood shall be effective for a period no longer than ninety (90) days. No more than one (1) temporary special land use permit for seasonal sales of produce, plants, or firewood shall be issued for any given location within a single calendar year.
(4) Regulations. A temporary special use permit shall only be granted if the Building and Zoning Inspector determines that the proposed use, including the erection of any temporary building or structure, will:
i. Provide adequate light and ventilation between buildings and structures.
ii. Provide adequate automobile and pedestrian traffic flow.
iii. Provide adequate off-street parking.
iv. Will meet the intent of the Zoning Code or otherwise not interfere with the protection of public health, safety, and general welfare.
v. Not be incompatible with, or otherwise adversely affect, the physical character of the community and, in particular, the surrounding area within a distance of one thousand feet (1,000').
vi. No temporary special use shall be permitted if it reduces the parking on a lot by greater than twenty-five percent (25%).
(5) Vacant Lots. When the proposed temporary special use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district.
(6) Accessory Structures. Tents and other temporary structures are subject to building permits and other regulation by the Building Division.
(7) Variance. The Building and Zoning Inspector or the Board of Zoning Appeals shall have the power to vary the time periods of and add other conditions to an approved permit as deemed necessary by the Building and Zoning Inspector or the Board of Zoning Appeals in order to further the intent of the Zoning Code or otherwise protect the public health, safety, and general welfare.
(b) Special Events and Community Activities. The following regulations apply to the approval and operation of special events and community activities.
(1) Exceptions. A temporary special land use permit shall not be required for special event or community activity permitted or organized through the Parks and Recreation Department or Public Safety Department.
(2) Exceptions-Open Space Districts. A temporary special land use permit shall not be required for a special event or community activity associated with a permitted semi-public use in Open Space/Schools District provided that the special event or festival meets the following conditions:
i. The special event or festival takes place entirely on the lot or parcel associated with the existing approved semi-public use.
ii. The special event or festival is no longer than three (3) consecutive days and that there are no more than two (2) such events or festivals at a given location within a calendar year.
(3) Exceptions-Non-Profit or Charitable Organizations. A temporary special land use permit shall not be required for a special event or community activity conducted on a commercial parcel that is organized by a non-profit or charitable organization. No more than two (2) such events shall be conducted by the same organization at the same location within a calendar year.
(4) Applicability. Except as otherwise provided herein, the Building and Zoning Inspector may require temporary special land use permit for any other type of special event.
(5) Accessory Structures. Tents and other temporary structures for festivals and special events are subject to building permits and other regulation by the Building Division.
(c) Regulations Applicable to Swimming Pools, Fish Ponds, and Water Parks. A swimming pool, fish pond, or water park shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements.
(1) Private Swimming Pool. A private swimming pool shall be permitted in any commercial, mixed-use or residential district as an accessory use provided that it complies with the following conditions and requirements:
i. Use. The pool shall be intended and used solely for the enjoyment of the occupants of the main use of the lot on which it is located.
ii. The pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer than ten feet (10') to any lot line and shall not be closer to any frontage than a distance ten feet (10') greater than the setback required for a principal building.
iii. The area of the swimming pool, exclusive of decks, walks, and other appurtenances, shall not exceed ten percent (10%) of the area of the lot.
iv. No lights, diving board, or other equipment or accessory shall project more than ten feet (10') above the average finished grade of the pool site.
v. A swimming pool shall be installed or constructed subsequent to and in conformance with the regulations of the Building Code and a permit issued by the Building Inspector. The Building Inspector shall not issue any permit for a swimming pool until he has submitted the application for a swimming pool to the Building and Zoning Inspector who shall determine compliance with the Zoning Code and issue a zoning certificate.
vi. Barriers, fences and ladders. A permanent barrier, fence or obstruction not less than sixty (60) inches nor more than eight (8) feet in height shall be constructed in such a manner as to entirely enclose the area on which the swimming pool is located and to bar all reasonable and normal access to such pool except through a substantial self-closing gate or gates of a height of not less than sixty (60) inches equipped with facilities for locking the gate when the pool is unattended and unguarded. The fence or barrier shall be constructed in such a manner as to prevent footholds so that young children cannot gain access by climbing. Every gate or door opening through such enclosure shall be equipped with a self-closing and self-latching device capable of keeping such gates and doors securely closed.
(2) Community or Club Swimming Pool. A community or club swimming pool means any pool constructed by an association of property owners or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in any district, but shall comply with the following conditions and requirements:
i. A community or club swimming pool shall be intended and used solely for the enjoyment of the members, their families and guests, and guests of the association or club under whose ownership or jurisdiction the pool is operated.
ii. A community or club swimming pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred feet (100') to any lot line.
iii. A community or club swimming pool and all of the area used by the bathers, including all adjacent deck areas, shall be so walled or fenced as to prevent uncontrolled access by children. A permanent barrier, fence or obstruction not less than sixty (60) inches nor more than eight (8) feet in height shall be constructed in such a manner as to entirely enclose the area on which the swimming pool is located and to bar all reasonable and normal access to such pool except through a substantial self-closing gate or gates of a height of not less than sixty (60) inches equipped with facilities for locking the gate when the pool is unattended and unguarded. The fence or barrier shall be constructed in such a manner as to prevent footholds so that young children cannot gain access by climbing. Every gate or door opening through such enclosure shall be equipped with a self-closing and self-latching device capable of keeping such gates and doors securely closed.
(3) Fish Pond, Water Garden. A body of water designed and used as a fish pond or as a water garden shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements.
i. Water depth shall not exceed twenty-four inches (24") unless enclosed by a fence forty- eight inches (48") in height with a locking gate.
ii. Water surface area shall not exceed one hundred (100) square feet.
(d) Outdoor Storage.
(1) The following regulations shall apply to the approval and operation of outdoor storage as an accessory use:
i. Outdoor storage shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty feet (50') to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten feet (10') of any road right-of-way. Such activities shall not occupy any required parking area or driveway;
ii. Any outdoor storage area located closer than one hundred feet (100') to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan;
iii. Illumination of outdoor storage areas shall be designed to prevent glare or direct light from the illumination source into residential areas;
iv. Outdoor displays shall be maintained in a neat and orderly fashion. Waste material shall be contained within a storage area completely surrounded by a gated masonry wall six feet (6') in height or other screening approved by the Board. Such screening shall be set back from residential districts at least six feet (6') and landscaped according to the approved site plan;
v. The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise or materials to be stored, and, if applicable, any seasonal changes of merchandise or materials;
vi. Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Building and Zoning Inspector or the Board of Zoning Appeals.
(e) Mini-Storage Facilities. The following regulations shall apply to the approval and operation of mini- storage facilities:
(1) All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by the Board in conformance with the supplementary regulations for outdoor sales, storage, or display;
(2) Loading and unloading areas shall be paved and shall be located only as approved by the Board;
(3) A minimum of five (5) parking spaces shall be provided near the leasing office. Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of the trucks, vans, trailers, and automobiles of persons using the units;
(4) An on-site leasing office shall be provided;
(5) Fencing of the perimeter shall be provided as determined by the Building and Zoning Inspector or the Board of Zoning Appeals in a manner which promotes security and presents an appropriate appearance to abutting properties;
(6) A landscaped yard of at least twenty-five feet (25') in width shall be provided along any lot line of the subject site which abuts a residential area. This area shall not be covered by buildings, parking or drives;
(7) Door openings facing residential areas shall not be permitted unless approved by the Building and Zoning Inspector or the Board of Zoning Appeals;
(8) Activities on the site shall be limited to the storage of property only. Other activities, such as the operation of tools, rummage sales, temporary residency, shall be prohibited unless specifically permitted by the Building and Zoning Inspector or the Board of Zoning Appeals;
(9) Hours of operation shall only be as approved by the Building and Zoning Inspector or the Board of Zoning Appeals, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.
(f) Indoor Storage Facilities. The following regulations apply to the approval and operation of indoor storage facilities:
(1) A minimum of twenty percent (20%) of the floor area of any structure proposed to be used as an indoor storage facility shall be used for other uses permitted within the respective zoning district, unless otherwise specifically approved by the Board on the approved site plan.
(2) All storage shall take place within an enclosed individual storage unit that is rented or leased on an individual basis. Storage shall be prohibited outside of the structure or within designated aisle areas with exception of vehicle and recreational vehicle storage areas clearly shown on the plan.
(3) A rental or leasing office shall be required to be located on-site.
(4) No more than one (1) external garage-door entrance shall be provided for each twenty (20) storage units within the structure.
(5) A landscaped yard of at least twenty-five feet (25') in width shall be provided along any lot line of the subject site which abuts a residentially zoned property. A reduction of this buffer may be approved by the Board if alternate means of screening are provided and specifically approved on the site plan.
(6) Caretaker/residential units are prohibited.
(7) One (1) parking space shall be located on the site for each seventy-five (75) storage units, in addition to other required parking for all other uses on the site.
(g) Childcare Centers. The following regulations shall apply to conditional use permits for childcare centers:
(1) No zoning permit or conditional use permit for a childcare center shall be issued for a lot that is within one hundred fifty feet (150') of the Innovation Zone.
(2) No zoning permit or conditional use permit for a childcare center shall be issued for a lot that is within one hundred fifty feet (150') of any lot or parcel with an approved gasoline station use, or which is likely to generate noxious fumes or vapor.
(3) All outdoor play areas shall meet the minimum requirements outlined by the State agency with oversight of childcare centers. No play area shall be located adjacent to a loading space, loading dock or other area where vehicles are likely to idle. No play area shall be constructed in a manner that allows children access to any electrical or telecommunications box/vault.
(4) No childcare center shall be permitted to operate between the hours of 7:00 p.m. and 6:00 a.m. the following morning unless specifically approved by the Building and Zoning Inspector or the Board of Zoning Appeals.
(h) Home Occupations. The following regulations shall apply to the approval and operation of a home occupation as an accessory use in a dwelling:
(1) No person who is not a permanent resident of the dwelling shall be employed in the home occupation;
(2) The home occupation shall be clearly incidental and subordinate to the dwelling use. No more than fifteen percent (15%) of the floor area of all buildings on the lot shall be used in the conduct of the home occupation;
(3) There shall be no change in the outside appearance of the dwelling or lot, or other visible evidence of the conduct of the home occupation. No sign is permitted.
(4) The home occupation shall not generate traffic in greater volumes than would normally be expected in a residential neighborhood.
(5) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical
(6) interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
(7) Prior to establishing a home occupation, the owner or occupant of the dwelling shall apply and receive approval for a zoning certificate from the Building and Zoning Inspector.
(i) Pawn Shops, Bookmaking, Betting, Adult Oriented Businesses. The following requirements shall apply to the approval and operation of pawn shops, bookmaking, betting, scheme/game of chance, massage establishment, body piercing establishment, tattoo establishment, adult bookstore, adult motion picture theater, adult video store: No such conditional use for these uses shall be conducted within one thousand feet (1,000') of the property line of any church, childcare center, public or private school, public library, public park lands, or any premises that sell or distribute alcoholic beverages.
(j) Gasoline Stations. The following regulations shall apply to the approval and operation of gasoline stations:
(1) Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved on the site plan. Parking and storage of vehicles not related to the principal use of the site shall not be permitted.
(2) Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved.
(3) Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of goods shall not be permitted on the site unless specifically approved in the conditional use permit and in conformance with the supplementary standards for outdoor display, storage, and sale.
(4) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six feet (6') in height or other screening approved by the Building and Zoning Inspector or the Board of Zoning Appeals. Such screening shall be set back from residential districts at least ten feet (10') and landscaped according to the approved site plan.
(5) Fuel pumps and canopies shall conform to all requirements of this Section with regard to height, setbacks, and signs.
(6) Air compressor pumps (e.g., for tire inflation) and other outdoor equipment shall be identified on the site plan and shall be located in a manner which minimizes noise impacts on residential areas.
(7) Curb cuts shall be limited to two (2) per site. On corner lots, curb cuts shall be limited to one (1) per street.
(k) Drive-Thru Service. The following regulations shall apply to the approval and operation of drive-thru establishments:
(1) Loudspeakers shall be located and designed, with volume and hours of operation controlled, in a manner to minimize noise impacts on nearby residential uses.
(2) Lanes required for vehicle access to and waiting for use of a drive thru facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one (1) time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting streets and hazards to pedestrians. The applicant shall provide a traffic study which documents to the satisfaction of the Board the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Code.
(3) The Building and Zoning Inspector or Board of Zoning Appeals, as applicable, may impose restrictions on the hours of operation in order to reduce inappropriate impacts on abutting uses and on street traffic and to ensure compatibility with normal vehicular activity in the district.
(4) The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.
(l) Animal Boarding Facilities or Animal Hospitals/Clinics. The following regulations shall apply to the approval and operation of Animal Boarding Facilities or Animal Hospitals/Clinics.
(1) Care and boarding of animals shall be limited to small animals and may not include cattle, horses, swine, or other similarly sized animals.
(2) All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure.
(3) A conditional use approval shall be required in cases where the use will include outdoor kennels or outdoor runs.
(4) Outdoor kennel or runs shall be set back a minimum of 250 feet from any residential districts and shall only be permitted in the rear yard. Such measurement shall be made between where the shortest distance is located between the outside edge of the kennel or run and the nearest lot line in any of the applicable districts.
(5) Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions that could result in unpleasant odor or vermin nuisance.
(6) Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point on the perimeter of the property.
(m) Urban Agricultural Use: Livestock. The regulations of Urban Agricultural Use are established to permit the keeping of farm animals and bees in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(1) "Livestock" means any animal generally used for food or in the production of food, including cattle, sheep, goats, rabbits, poultry, swine, and any other animal included by the director by rules adopted under Section 901.72 of the Ohio Revised Code, alpacas, and llamas. (ref. ORC 901.70 (B).
(2) The keeping of hen chickens and similar animals shall be permitted in all residential districts provided the minimum lot size is met. A Site Plan Review is required in all other districts.
(3) The keeping of chickens, similar farm animals, and cages, coops and enclosures for the keeping of such animals, shall be governed by the following regulations in a residential area:
i. Subject to the requirements of this section and any other applicable provision of this chapter, hen chickens (and no roosters) may be kept on a lot or parcel of land in a residential district for the sole purpose of producing eggs.
ii. Lot size and maximum animals permitted:
a) Less than one-fourth (¼) acre lot = no hen chickens allowed
b) Min. one-fourth (¼) acre - one (1) - acre lot = max eight (8) hen chickens
c) More than one (1) acre + = maximum twelve (12) hen chickens
iii. Roosters are prohibited.
iv. Chickens shall be confined within a secure outdoor enclosed area.
v. The enclosed area shall include a covered, ventilated, and predator-resistant chicken coop.
a) The coop shall have a minimum floor area of at least two (2) square feet per chicken.
b) If chickens are not allowed to roam within an enclosed area outside the coop, the coop shall have a minimum floor area of six (6) square feet per chicken.
c) The coop shall be located in a rear yard at least twenty-five (25) feet from any dwelling located on an adjacent lot and at least five feet from any side and rear property line.
vi. The coop and enclosed area shall be maintained in a neat and sanitary condition and shall be maintained per regulations set forth by the Ohio Health Department
vii. No chicken shall be permitted to roam outside the coop or enclosed area.
viii. Chicken feed shall be stored and dispensed in rodent-proof and predator-proof containers.
ix. Building and structures accessory to this use, if less than thirty (30) square feet, are not regulated, except that all these structures need to be located in the rear yard.
x. Chickens shall not be kept on a residential lot or parcel unless the person keeping chickens first obtains a Use Permit from the Village of Greenfield.
xi. Slaughtering of animals on-site shall be prohibited.
(n) Urban Agricultural Use: Ungulates. The regulations of Urban Agricultural Use are established to permit the keeping of farm animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(1) "Ungulates" means any hooved animal (examples: horses, cows, alpacas, goats, pigs).
(2) Subject to the requirements of this section and any other applicable provision of this chapter ungulates may be kept on a lot or parcel of land in a residential district
(3) The keeping of ungulates and enclosures for the keeping of such animals, shall be governed by the following regulations in a residential area:
i. Min one (1)-acre lot = max one (1) ungulate
ii. Min five (5)-acre lot = max five (5) ungulates
(4) Ungulates shall be confined within a secure outdoor enclosed area.
i. The enclosed area shall be maintained in a neat and sanitary condition and shall be maintained per regulations set forth by the Ohio Health Department
ii. No ungulate shall be permitted to roam outside enclosed area.
iii. Feed shall be stored and dispensed in rodent-proof and predator-proof containers.
iv. Building and structures accessory to this use, if less than thirty (30) square feet, are not regulated, except that all these structures need to be located in the rear yard.
v. The fenced enclosures shall be located a minimum of fifty (50) feet from any existing dwelling except for a dwelling on the same lot as the fenced enclosure; or
vi. The proposed placement of the fence shall be located a minimum of five (5) feet from any lot line.
(5) Ungulates shall not be kept on a residential lot or parcel unless the person keeping ungulates first obtains a Use Permit from the Village of Greenfield.
(o) Home Occupations. The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by this section.
(1) The use shall be clearly incidental and secondary to the residential use of the dwelling, and not more than twenty-five percent (25%) of the dwelling unit floor area shall be devoted to the home occupation.
(2) The home occupation shall only occur within the principal dwelling other than for the incidental storage of materials in an enclosed structure such as a shed or detached garage.
(3) Only members of the immediate family residing at the premises shall engage in such occupation.
(4) Any need for additional parking generated by conduct of the home occupation shall be met in the driveway.
(5) Adequate parking shall be provided on the premises for all vehicles of both the owner and customers/clients. No on-street parking shall be permitted.
(6) Permitted home occupations shall not create an adverse effect on the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties.
(7) No retail or wholesale goods except that which are produced or processed on the premises shall be exchanged on the property.
(8) No equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot.
(9) All storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside the structure.
(10) The residential building shall not be altered in any manner that is intended to change the residential appearance of the dwelling to a building with a commercial appearance. There shall be no separate entrance created solely for the home occupation.
(11) No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses. No additional driveways shall be established for the use of the home occupation.
(12) There shall be no signs other than the wall sign permitted below in a residential district:
i. One wall sign is permitted on each individual lot used for residential purposes provided the sign is mounted flush to the façade of the principal dwelling and does not exceed two (2) square feet.
ii. Such sign may also be permanently attached to a window.
iii. The sign shall not be internally or externally illuminated.
iv. A sign permit shall not be required for this type of sign.
(13) Traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood.
(14) There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
(15) Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
(16) When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Administrative Officer.
(17) Permitted Home Occupations. The following uses, and other uses determined by the Administrative Officer to be similar in nature and impact, may be approved as a home occupation when in compliance with this section:
i. Art and craft work including, but not limited to ceramics, painting, photography, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, and sculpting;
ii. Office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, consultant, counselor, insurance agent, planner, tutor, or writer;
iii. Personal service establishments including, but not limited to, fitness/health facilities, beauty parlors, barber shops, animal grooming (no overnight boarding), or licensed massage or physical therapy, when services are provided to one client at a time;
iv. Mail order, online businesses, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.) may be allowed where there is no stock-in-trade on the site; and
v. Other similar uses as determined by the Building and Zoning Inspector.
(18) Prohibited Home Occupations. The following are business activities that are prohibited as home occupations:
i. Animal hospitals and boarding facilities;
ii. Automotive and other vehicle repair and service, except when such repair or service is within an attached garage and the vehicle is owned or leased by the occupant of the dwelling units.
iii. Construction, landscaping, or similar contractor facilities and storage (an office-only use is allowed in compliance with the above section) and other outdoor storage;
iv. Fitness/health facilities that provide group activities or services;
v. Medical clinics, laboratories, or doctor's offices;
vi. Tattoo or piercing parlors;
vii. Parking on, or dispatching from the site, any vehicle used in conjunction with the home occupation (e.g., landscaping services, taxi services, construction, etc.) with the exception of a vehicle owned and operated by the home owner or tenant;
viii. Welding and machine shop operations;
ix. Retail uses where there is stock-in-trade on site;
x. Wood cutting businesses; or
xi. Other similar uses as determined by the Building and Zoning Inspector.
(Ord. 32-2020. Passed 1-19-21.)
1105.19 TELECOMMUNICATIONS FACILITIES.
(a) In recognition of the quasi-public nature of cellular and/or wireless telecommunication systems, it is the purpose of these regulations to: accommodate the need for cellular or wireless telecommunications towers and facilities for the provision of personal wireless/cellular services while regulating their location and number in the City; minimize adverse visual effects of telecommunication towers and support structures through proper siting, design, and screening; to minimize the adverse impacts that telecommunication facilities may have on the health, safety and welfare of the public; to avoid potential damage to adjacent properties from telecommunication tower and support failure; and to encourage the joint use of any new and existing telecommunication towers and support structures to minimize the number of such structures. The following requirements shall apply to conditional use permits for wireless telecommunication facilities:
(b) Special Application Requirements. A site plan shall include the following
(1) The total area of the lot;
(2) The existing zoning of the site and all adjoining lots;
(3) All public and private right-of-way and easements located on the lot;
(4) The location of all existing buildings and structures on the lot; all buildings or structures and uses within five hundred feet (500') of the tower site; and the proposed location of the wireless/cellular communication tower and all wireless/cellular communication support structures including dimensions, heights, and, where applicable, the gross floor areas;
(5) The location and dimensions for all curb cuts, driving lanes, off-street parking spaces, grades, surfacing materials, drainage plans, illumination of the facility, and landscaping;
(6) The location of all proposed fences, screening and walls;
(7) Any other information as may be required by the Board.
(8) A report prepared by a licensed professional engineer documenting the height, design, proof of compliance with nationally accepted structural standards, and a description of the tower's capacity, which shall include the number and types of antennae it can accommodate.
(9) For the purpose of demonstrating the necessity for the erection of any new telecommunication tower, any applicant requesting permission to install a new tower shall provide evidence of written communication with all other wireless/cellular service providers who supply service within a one (1) mile radius of the proposed facility requesting use of the other providers' towers for collocation of the applicant's antennae. The contacted provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter(s) as well as the responses received shall be presented to the Board to demonstrate the need for a new tower.
(10) The applicant shall also provide evidence of written communication with owners of nearby tall structures within a one (1) mile radius of the proposed tower site, asking permission to install the wireless/cellular antennae on those structures. Tall structures shall include, but not be limited to: smokestacks, water towers, buildings over fifty feet (50') in height, other communication towers, and roadway light poles.
(11) The facility owner/operator shall present a maintenance plan demonstrating responsibility for the site.
(12) The applicant shall provide a copy of a permanent easement or appropriate leasehold estate providing for access to the tower site. The access to the tower sight must be maintained regardless of other development that may take place on the site.
(13) The communication company must demonstrate proof to the Village that the company is licensed by the Federal Communications Commission (FCC).
(c) The following additional regulations shall apply to wireless telecommunications facilities:
(1) Wireless or cellular telecommunication sites shall be located at least two hundred fifty feet (250') from any residential zoning district.
(2) The setback between the base of the tower or any guy wire anchors and any property line shall be located a distance which is at least forty percent (40%) of the tower's height or fifty feet (50'), whichever is greater.
(3) The maximum height of a telecommunication tower shall be two hundred feet (200'). The maximum height of the equipment building shall be thirty-five feet (35').
(4) Maximum size of an equipment building shall be seven hundred and fifty (750) square feet.
(5) The minimum lot size and area restriction shall be the same as permitted for any other use in the Innovation Zone.
(6) A security fence eight feet (8') in height with barbed wire around the top shall completely surround the tower, the equipment building and any guy wires.
(7) Towers and antennae shall be designed to withstand wind gusts of at least one hundred miles per hour (100 mph).
(8) The tower shall be painted in a non-contrasting gray or similar color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(9) No graphics advertising is permitted anywhere on the facility.
(10) Buffer planting shall be located around the perimeter of the security fence as follows: An evergreen screen shall be planted that consists of either a hedge or evergreen trees that shall provide a minimum of seventy-five percent (75%) opacity year-round.
(11) The tower shall not be artificially lighted except to assure safety or as required by the FAA.
(12) Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.
(13) The owner/operator of any telecommunications facility shall design such facility so that additional service providers may add their antennae, platforms, and associated hardware to the structure at a later date. The owner/operator shall negotiate in good faith with other providers for the collocation of other service providers' antennae at the facility, shall cooperate with the Village in identifying other wireless/cellular service providers for the purpose of negotiating sublease agreements for collocation of other service providers' antennae at the facility, and shall not interfere or hinder service providers from utilizing the facility.
(14) Where possible, an antenna or tower for use by a wireless/cellular service provider shall be attached to an existing structure or building. A new wireless communication facility shall not be erected if there is a technically suitable space for wireless communication facility available on an existing wireless communication tower or other suitable structure within the applicant's search area. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing structure or that bona fide efforts to negotiate location on structures have been rejected.
(15) Any owner of a tower whose use will be discontinued shall submit a written report to the Building and Zoning Inspector indicating the date on which such use shall cease. If at any time the use of the facility is discontinued for one hundred eighty (180) days (excluding any dormancy period between construction and the initial use of the facility), the Board may declare thefacility abandoned. The tower owner and the owner of the property upon which the tower is located shall receive written instruction from the Board to either reactive the use within one hundred eighty (180) days or dismantle and remove the facility.
(16) If reactivation does not occur within said period, the Village may thereafter proceed to move the facility and assess the costs of removal to the owner, as well as certify those costs to the County Auditor as a lien against the property.
(17) In addition to the foregoing requirements, the following standards, items (a) through (d), shall apply to wireless or cellular telecommunications facilities permitted on a property with an existing use:
i. The existing use on the property may be any permitted use or lawful nonconforming use in the Innovation Zone, and said use need not be affiliated with the wireless/cellular telecommunication provider.
ii. The telecommunication facility shall be fully automated and unattended on a daily basis.
iii. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
iv. Subsequent to approval of a conditional use permit for a telecommunication tower, the owner shall submit building permit applications to the Village for any additional antennae proposed to be placed on the tower. A new zoning certificate will not be required, unless the Building and Zoning Inspector determines that such additions do not conform with the approved conditional use permit.
(d) Small Cell Telecommunications.
(1) Applicability. This section shall apply to all small cell installations and co-located small cell installations in the Village, and shall not apply to any Exempted Telecommunications Facility or Major Telecommunications Facility.
(2) Permit Required. No small cell installation shall be constructed, erected, modified, mounted, attached, operated, or maintained within the Village on or within any public right-of-way without the issuance of a permit. No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the Village for delivery of telecommunications services or any other purpose.
(3) Application Content. All permit applications must include:
i. Detailed site and engineering plans for each proposed small cell installation, including all associated equipment necessary for its operation;
ii. A master plan showing the geographic service area for the proposed small cell installation(s), and all of applicant's existing, proposed and anticipated installations in the Village;
iii. Photographs of proposed facility equipment;
iv. Visual impact analyses with photo simulations;
v. Certification by a certified radio-frequency engineer that the small cell installation will be in compliance with the FCC standards for RF emissions as they relate to the general public, including aggregate emissions for all co-located equipment;
vi. Certification that the applicant has a right under state law to install wireless telecommunications facilities in the public right-of-way;
vii. Documentation demonstrating a good faith effort to locate the small cell installation in accordance with the preferred provisions of this chapter;
viii. Documentation that owners of all properties within 500 feet of the proposed small cell installation have been notified in writing of the proposed installation;
ix. An executed indemnification agreement.
(4) Application Fee. The Village shall assess a per-installation fee of five hundred dollars ($500.00) per application, which can include up to five (5) small cell installations, with an additional one hundred dollars ($100.00) per installation after five (5) to cover the Village's costs of processing, reviewing, evaluating, conducting a public hearing, and other activities involved in consideration of the application, and conducting oversight of the construction of the small cell installation to ensure compliance with zoning requirements
(5) Consultant Fee. The Village shall have the right to retain an independent technical consultant to assist the Village in its review of the application. The reasonable cost of the review shall be paid by the applicant.
(6) Compliance Bond. Upon approval of the application, the Permittee shall be required to post a bond in the amount of fifty thousand dollars ($50,000) for each small cell installation, such bond to be held and maintained during the entire period of Permittee's operation of each small cell installation in the Village as a guarantee that no such installation, including any co-located equipment, exceeds or will exceed the allowable FCC limits for RF radiation exposure to the general public as determined by a qualified independent RF engineer
(7) Indemnification. Permittee shall provide an executed agreement in the form provided by the Village, pursuant to which Permittee agrees to defend, hold harmless and fully indemnify the Village, its officers, employees, agents, attorneys, and volunteers, from (i) any claim, action or proceeding brought against the Village or its officers, employees, agents, or attorneys to attack, set aside, void, or annul any such approval of the Village or (ii) a successful legal action brought against the Village for loss of property value or other harm caused by the placement or operation of a small cell installation. This indemnification agreement shall be in a form acceptable to the Village Attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the Village, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the Permittee, the Village and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the Permittee to indemnify the Village for all of the Village's costs, fees and damages which the Village incurs in enforcing the indemnification provisions of this Section.
(8) Annual Re-certification.
i. Each year, commencing on the first anniversary of the issuance of the permit, the Permittee shall submit to the Village an affidavit which shall list all active small cell wireless installations it owns within the Village by location, certifying that (1) each active small cell installation is covered by liability insurance in the amount of two million dollars ($2,000,000) per installation, naming the Village as additional insured; and (2) each active installation has been inspected for safety and found to be in sound working condition and in compliance with all federal safety regulations concerning RF exposure limits.
ii. The Village shall have the right to employ a qualified RF engineer to conduct an annual random and unannounced test of the Permittee's small cell wireless installations located within the Village to certify their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the general public. The reasonable cost of such tests shall be paid by the Permittee.
iii. In the event that such independent tests reveal that any small cell installation or installations owned or operated by Permittee or its Lessees, singularly or in the aggregate, is emitting RF radiation in excess of FCC exposure guidelines as they pertain to the general public, the Village shall notify the Permittee and all residents living within 1500 feet of the small cell installation(s) of the violation, and the Permittee shall have forty-eight (48) hours to bring the small cell installation(s) into compliance. Failure to bring the small cell installation(s) into compliance shall result in the forfeiture of all or part of the Compliance Bond, and the Village shall have the right to require the removal of such installation(s), as the Village in its sole discretion may determine is in the public interest.
iv. Any small cell wireless installation which is no longer in use shall be removed by the Permittee within thirty (30) days of being taken out of use.
v. Where such annual re-certification has not been properly or timely submitted, or equipment no longer in use has not been removed within the required sixty (60)-day period, no further applications for small cell wireless installations will be accepted by the Village until such time as the annual re-certification has been submitted and all fees and fines paid.
(9) Non-Permitted Installations. Any small cell installation constructed, erected, modified or enhanced prior to the issuance of a site-specific permit from the Village shall be removed prior to the submission of any other application. No application for a small cell installation shall be considered, and no so-called "shot clock" for approval shall commence, while such unauthorized installations remain.
(e) Small Cell Location and Configuration Preferences.
(1) Siting Guidelines. The purpose of this section is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for small cell installations in the Village, provided that nothing in this section shall be construed to permit a small cell installation in any location that is otherwise prohibited by this Land Development Code or any other section of the Village Codified Ordinances.
(2) Order of Preference - Location. The order of preference for the location of small cell installations in the Village, from most preferred to least preferred, is:
i. Industrial zone
ii. Commercial zone
iii. Mixed commercial and residential zone
iv. Residential zone
(3) Order of Configuration. The order of preference for the configuration of small cell installations in the Village, from most preferred to least preferred, is:
i. Co-located with existing wireless facilities,
ii. Mounted on existing utility poles,
iii. Mounted on new poles or towers.
(f) Small Cell Installation Specifications.
(1) The Permittee must construct, install and operate the small cell installation in strict compliance with the plans and specifications included in the application.
(2) Where feasible, as new technology becomes available, the Permittee shall replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approval required by the Village.
(3) The Permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the Village. The Permittee shall notify the Village of any changes to the information submitted within seven days of any change, including the name or legal status of the owner or operator.
(4) At all times, all required notices and signs shall be posted on the site as required by the FCC and state law, and as approved by the Village. The location and dimensions of a sign bearing the emergency contact name and telephone numbers shall be posted pursuant to the approved plans.
(5) The Permittee shall maintain current at all times liability and property insurance for each small cell installation in the Public Right of Way in the amount of two million dollars ($2,000,000) naming the Village as additional insureds.
(6) The proposed small cell installation shall have an adequate fall zone to minimize the possibility of damage or injury resulting from pole collapse or failure, ice fall or debris fall, and to avoid or minimize all other impacts upon adjoining properties.
(7) Every effort shall be made to locate small cell installations no less than 1000 feet away from the Permittee's or any Lessee's nearest other small cell installation, or within feet of any permanent residential dwelling.
(8) Single or co-located small cell installations must be mounted on an existing structure such as a utility or lighting pole that can support its weight and the weight of any existing co-located equipment. All new wires needed to service the small cell installation must be located within the width of the existing structure so as to not exceed the diameter and height of the existing utility pole.
(9) All equipment not to be installed on or inside the pole must be located underground, flush to the ground, within three (3) feet of the utility pole. Each installation is to have its own dedicated power source to be installed and metered separately.
(Ord. 32-2020. Passed 1-19-21.)
1105.21 CONVERSION OF DWELLING UNITS.
In the RE, NS, and NU districts, a structure, including accessory dwelling units, and other units that are semi-detached or detached from the main structure may be converted to accommodate an increased number of dwelling units, provided that the proposed dwellings and lot conform with all requirements for new dwellings in the district, including the permitted number of dwellings, all yard and lot dimensions, floor area for each dwelling, and required parking spaces.
(Ord. 32-2020. Passed 1-19-21.)
1105.23 PERFORMANCE STANDARDS.
(a) Applicability. Every permitted use and conditional use permit shall conform to the performance standards in this Section and to the laws and regulations of the State of Ohio and of the federal government. Any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the performance standards. Compliance with these standards shall be required during all times of operation of the approved activity or use.
(b) Existing Use. An existing use which does not conform with these performance standards shall not be enlarged or remodeled if: the enlargement or remodeling will cause greater noncompliance with the performance standards which exist at the time of the proposed enlargement or remodeling; or if the nonconforming conditions are not brought into compliance as a result of or concurrently with the enlargement or remodeling.
(c) Measurement Procedures. Methods and procedures for the determination of compliance with these performance standards shall conform to applicable methodologies prescribed by this Zoning Code or to applicable standard measurement procedures published by the American National Standards Institute, New York, N.Y., the Manufacturing Chemists' Association, Inc., Washington, D.C. and the United States Bureau of Mines, the National Fire Protection Association, the Ohio Environmental Protection Agency, and other recognized organizations whose standards are acceptable to the Zoning Official.
(d) Studies to Demonstrate Compliance. When the Building and Zoning Inspector or the Board of Zoning Appeals determines that either the information provided by the property owner is not sufficient to determine compliance with the performance standards without providing additional studies or expert advice, or that the information provided by the owner is of such nature, complexity, or quantity that the Building and Zoning Inspector or the Board is not able to make a determination of compliance without additional studies or expert advice, then the Building and Zoning Inspector shall advise the owner that such studies or advice are required. The Building and Zoning Inspector and the Board may accept the required studies prepared by qualified professionals engaged by the owner or the owner shall deposit funds with the Village as required to pay for such studies or expert advice.
(e) Control of Objectionable Processes and Operations. The Building and Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements, including those described in the following performance standards, involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(f) Performance Standards. The following performance standards shall be applicable to the operation of any use permitted under this Zoning Code.
(1) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(2) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3) Noise and Vibration. All activities shall comply with the provisions of Section 509.11 of the Codified Ordinances and all other regulations of the Village relating to noise and vibration.
(4) Smoke Emission. Smoke shall not be emitted with a density greater than No. 1 on the Ringelmann Chart as issued by the U. S. Bureau of Mines except for flow-off periods of ten minutes duration of one per hour when a density of not more than No. 2 is permitted.
(5) Odors. No malodorous gas or matter which is offensive or produces a public nuisance or hazard on any adjoining lot shall be permitted.
(6) Air Pollution. No pollution of air by fly-ash, dust, vapor or other substance which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling shall be permitted.
(7) Glare. No direct or reflected glare which is visible from any lot outside any Industrial District or from any public street, road or highway shall be permitted.
(8) Erosion. No erosion, by either wind or water carrying objectionable substance onto neighboring properties shall be permitted.
(9) Water Pollution. Pollution of water shall be subject to the requirements and regulations established by the State Water Pollution Control Board.
(10) Toxic or Noxious Matter. No use, operation, or activity shall emit or discharge toxic or noxious matter in any form, particularly as identified on the USEPA Extremely Hazardous Substances List, which may be detrimental to the public health, safety or general welfare or which may endanger the natural environment. Provisions for the proper storage, use, and disposal of hazardous and/or toxic materials shall conform to the standards and requirements for such materials established by the USEPA and OEPA. (Ord. 32-2020. Passed 1-19-21.)
1105.25 NON-CONFORMITIES.
(a) Administration of Non-Conformities.
(1) The following sets forth the rights of a property owner to continue, enlarge, repair, alter, replace, or discontinue a non-conforming use or structure.
(2) Table 1105-10 summarizes the decisions relative to nonconformities and the role of each of the administrative, quasi-judicial, quasi-legislative, and legislative reviewing parties.
(b) Applicability. Non-conforming uses are declared by this Code to be incompatible with permitted uses in the zones and districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non- conforming use of structure and land in combination, shall not be extended or enlarged after passage of this Code by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would not be permitted generally in the zone or district involved.
(c) Effect of Actual Construction. To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially commenced, such substantial excavation, demolition or removal shall be deemed to be actual construction, provided that work is carried on diligently after such excavation, demolition or removal. For the purposes of this Section 9.05 substantial excavation, demolition or removal shall mean the completion of at least seventy-five percent (75%) of the scope of applicable work
(d) Single-Family Dwellings. In any zone or district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code notwithstanding limitations imposed by other provisions of this Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district or zone, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district or zone in which such lot is located, except that the minimum side yards may be reduced ten percent (10%) of the width of the lot, provided that no side yard shall be less than the least of the applicable district or zone regulation and three feet (3'). Variance of yard requirements shall be obtained only through action of the BZA.
(e) Contiguous Lot. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Code, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this Code, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this Code.
(f) Alteration of Non-Conforming Structure. No such non-conforming structure may be enlarged or altered in a manner which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. If lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this Code in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone or district in which it is located.
(2) Any non-conforming use may be extended throughout any of the parts of a building which were manifestly arranged or designated for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.
(3) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the applicable zone or district, and the non-conforming use may not thereafter be resumed.
(4) Where a non-conforming use has been discontinued, meaning that the structure containing the use has remained vacant, unoccupied, unused or has ceased the daily activities or operations which had occurred, for a period of twenty-four (24) or more continuous months, the non-conforming use shall be permanently terminated.
(5) Any non-conforming structure damaged to an extent of more than seventy-five percent (75%) of its then fair market value, exclusive of foundations, shall not be restored or reconstructed, used or occupied as a non-conforming use. If such damage amounts to seventy-five percent (75%) or less of the fair market value, the non- conforming structure may be restored, provided a building permit is obtained and that such restoration shall begin within one year from the time of damage. The BZA may approve the reconstruction of a non-conforming structure damaged to a greater extent than permitted herein upon review of a site and design plan submitted in accordance with the requirements for site and design plan submittal.
(g) Continuation of Non-Conformity.
(1) If lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
i. No existing structure devoted to a use not permitted by this Code in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone or district in which it is located.
ii. Any non-conforming use may be extended throughout any of the parts of a building which were manifestly arranged or designated for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.
iii. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the applicable zone or district, and the non-conforming use may not thereafter be resumed.
iv. Where a non-conforming use has been discontinued, meaning that the structure containing the use has remained vacant, unoccupied, unused or has ceased the daily activities or operations which had occurred, for a period of ninety (90) or more continuous months days, the non-conforming use shall be permanently terminated.
Table 1105-10
Non-Conformities Review Process
Determinations Of: | Zoning Administrator | Board of Building and Zoning Appeals (BZA) |
Enlargement | ||
Application Submitted To: | X | |
Decision By: | X | |
Appeal To: | ||
Repair or Alteration | ||
Application Submitted To: | X | |
Decision By: | X | |
Appeal To: | Quasi-Judicial | |
Replacement | ||
Application Submitted To: | X | |
Decision By: | X | |
Appeal To: | Quasi-Judicial | |
Discontinuance | ||
Application Submitted To: | X | |
Decision By: | X | |
Appeal To: | Quasi-Judicial | |
v. Any non-conforming structure damaged to an extent of more than seventy-five percent (75%) of its then fair market value, exclusive of foundations, shall not be restored or reconstructed, used or occupied as a non-conforming use. If such damage amounts to seventy-five percent (75%) or less of the fair market value, the non- conforming structure may be restored, provided a building permit is obtained and that such
(h) Repairs and Alterations.
(1) Repairs, alterations and maintenance work as required to keep said non-conforming structure in sound condition and repair may be made to a non-conforming structure; provided that the total repairs and alterations shall not exceed fifty percent (50%) of the structure's then fair market value.
(2) Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(i) Effect of Priori Apriori Regulations. Any lawfully existing use or structure existing on the effective date of this Code, which use or structure does not conform with one (1) or more of the provisions of this Code, shall be deemed a non- conforming use or structure under the provisions of this Code. Provided that such non-conforming use or structure was established in conformance with the zoning provisions in effect prior to adoption of this Code, and provided that such use or structure was established under authorization of and in conformance with a permit or other authorization issued by the Village, then such use or structure shall be a lawful non-conforming use or structure and shall be permitted to continue under the provisions of this Code.
(Ord. 32-2020. Passed 1-19-21.)
1105.27 BUILDING DESIGN.
(a) Purpose and Findings: The purpose of these regulations is to provide specific criteria so that new buildings blend into the historic architectural framework of the Village of Greenfield. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing design principles, which can result in creative solutions that will develop a satisfactory visual appearance within the Village of Greenfield; preserve taxable values; and promote the public health, safety, and general welfare. These standards:
(1) Provide a physical and visual connection between the living area of the residence and the street;
(2) Enhance public safety by allowing people to survey their neighborhood from inside their residences, places of work, or shopping areas;
(3) Provide a more pleasant pedestrian environment by preventing large expanses of blank façades along streets;
(4) Ensure that the location and amount of the living area of the residence, as seen from the street, is more prominent than the garage;
(5) Prevent garages from obscuring the main entrance from the street and ensure that the main entrance for pedestrians, rather than automobiles, is the prominent entrance;
(6) Provide for a more pleasant pedestrian environment by preventing garages and vehicle areas from dominating the views of the neighborhood from the sidewalk;
(7) Enhance public safety by preventing garages from blocking views of the street from inside the residence;
(8) Supplement the zoning regulations applied to site-built, and modular, and manufactured homes, with additional standards and procedures that will promote a satisfactory living environment for residents of single-family homes and that will permit a mix of homes and other types of housing within the Village of Greenfield;
(9) Permit greater diversity in the types of housing communities;
(10) Ensure that all new single-family dwellings are compatible with other forms of housing; and
(11) Ensure the provision of single-family housing opportunities for persons or families of low or moderate income by providing for design standards that ensure compatibility among various types of housing units as an alternative to exclusionary zoning.
(b) Single-Family Residential Dwellings.
(1) Applicability.
i. Types of dwelling Units: Unless otherwise specified in this ordinance, this section applies to:
a) Any single-family dwelling unit;
b) Any duplex; and
c) Any triplex.
ii. Design elements required: The combination of design elements, as shown in Table 1105-11, is required for any dwelling unit subject to this section.
(2) Size Limitations. No single-family dwelling unit, duplex, or triplex shall exceed 8,000 square feet in size, nor exceed a floor area ratio (FAR) of .60. The total area of all dwellings and accessory structures shall not exceed a FAR of .75.
(3) Main Entrance.
i. Location of main entrance: The main entrance of each primary structure must face the street. On corner lots, the main entrance may face either of the streets or be oriented to the corner. With buildings that have more than one main entrance, only one entrance must meet this requirement. A building must include a front porch or stoop at all main entrances that face a street. The porch or stoop shall adjoin the main entrance and the main entrance shall be accessible from the porch.
ii. Porches
a) Porches shall be covered by a solid roof. The roof shall not be located more than twelve (12) feet above the floor of the porch. If the roof of a required porch is developed as a deck or balcony, it may be flat.
b) The porch shall have minimum dimensions of six (6) feet by six (6) feet. For single-family dwellings, the covered area provided by the porch must be at least forty-eight (48) square feet and a minimum of eight (8) feet wide. If the main entrance is for more than one dwelling unit, the covered area provided by the porch must be at least sixty-three (63) square feet and a minimum of nine (9) feet wide.
Table 1105-11
Applicability of Single-Family Design Regulations
Standard | Zoning District or Use | ||
RE | NS, NU | D | |
Main Entrance of this section | M | M | M |
Garages of this section r | O | M | M |
Roofs of this section | O | O | O |
Foundation of this section | O | O | O |
Exterior Finish Materials of this section | O | O | O |
Windows and Entryways of this section | O | O | M |
RE = Residential Estate; NS = Neighborhood Suburban; NU = Neighborhood Urban; D = Downtown; M = the standard is mandatory; and O = the standard is optional. Single-family dwellings subject to this section must comply with at least two of the optional standards.
c) Covered balconies: The covered area provided by the balcony must be at least forty-eight (48) square feet, a minimum of eight (8) feet wide, and no more than fifteen (15) feet above grade. The covered balcony must be accessible from the interior living space of the house.
d) Openings between porch floor and ground: Openings of more than one (1) foot between the porch floor and the ground must be covered with a solid material or lattice.
(4) Garages.
i. Generally: Garages shall either be detached or shall be facing the side or rear lot line. A garage wall may not be closer to the street lot line than the front of the porch.
ii. Detached garages: These standards encourage detached garages as an alternative to front-loaded attached garages.
a) Detached garages are permitted in any zoning district. Detached garages shall be located in the rear yard. The footprint for the garage structure shall not exceed twenty-four (24) by twenty-four (24) feet. The garage walls shall not exceed fifteen (15) feet in height or the height of the principal structure, whichever is less.
b) A detached garage that is nonconforming due to its location in a setback may be rebuilt on its existing foundation if it was originally constructed legally. An addition may be made to these types of garages if the addition complies with the standards of this section, or if the combined size of the existing foundation and any additions are no larger than twelve (12) feet wide by eighteen (18) feet deep. The garage walls shall not exceed ten (10) feet in height.
iii. Applicability: This section applies to garages that are accessory to single-family dwelling units, manufactured homes, duplexes, or triplexes. Where a proposal is for an alteration or addition to existing development, the standard applies only to the portion being altered or added. Garages that are accessory to attached houses, development on flag lots, or development on lots that slope up or down from the street with an average slope of twenty percent (20%) or more, are exempt from this standard.
iv. Maximum length and size: The length of that portion of a garage wall facing the street shall not exceed thirty percent (30%) of the length of the street-facing building façade. Garage doors may not exceed seventy-five (75) square feet in area. There may be no more than two (2) individual garage doors. On corner lots, only one street-facing garage wall must meet this standard. Where the street-facing façade of the building is less than twenty-four (24) feet long, the garage wall facing the street may be up to twelve (12) feet long if there is one of the following:
a) Interior living area above the garage; or
b) A covered balcony above the garage that is at least the same length as the street-facing garage wall, at least six (6) feet deep, and accessible from the interior living area of the dwelling unit.
v. Street lot line setbacks: A garage wall that faces a street shall be located at least twenty (20) feet behind the plane of the front façade. A street-facing garage wall may adjoin the front façade or be located within the area described above, where:
a) The street-facing garage wall does not exceed thirty percent (30%) of the length of the building facade; and
b) The interior living area is located above the garage. The living area must be set back no more than four (4) feet from the street-facing garage wall, or shall include a covered balcony above the garage that is at least the same length as the street-facing garage wall, at least six (6) feet deep, and accessible from the interior living area of the dwelling unit.
vi. Street-facing garage walls prohibited in "D" (Down- town) district: Garage walls facing the street or extending beyond the front elevation of a dwelling unit are prohibited in the "D" district.
(5) Roofs.
i. Slope: Principal structures must have a roof that is sloped, with a pitch that is no flatter than six (6) units of horizontal run to twelve (12) units of horizontal rise.
ii. Architectural features: The roof of a principal structure shall include the following architectural details:
a) At least one (1) dormer facing the street. If only one (1) dormer is included, it shall be at least five (5) feet wide and shall be centered horizontally between each end of the front elevation. If more than one (1) dormer is provided, a dormer at least four (4) feet wide must be provided on each side of the front elevation; or
b) A gable end, or gabled end of a roof projection, facing the street.
iii. Roof eaves: Roof eaves must project from the building wall at least twelve (12) inches, measured horizontally, on at least the front and side elevations.
(6) Foundation. The ground level of the first floor, including the lowest elevation of any point of the front façade, shall be elevated at least three (3) feet from the horizontal surface of the street or sidewalk. Plain concrete block or plain concrete may be used as foundation material if the foundation material is not visible by more than three (3) feet above the finished grade level adjacent to the foundation wall. This requirement applies to new construction and excludes improvements to existing historic structures.
(7) Exterior Finish Materials.
i. Plain concrete block, plain concrete, corrugated metal, plywood, and sheet pressboard are not allowed as exterior finish material. Composite boards manufactured from wood or other products, such as hardboard or hardiplank, may be used when the board product is less than six (6) inches wide.
ii. Where wood products are used for siding, the siding must be shingles or horizontal siding and not shakes should be used when it is architecturally and historically appropriate.
iii. Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of three (3) to six (6) inches, or vinyl or aluminum siding that is in a clapboard or shiplap pattern where the boards in the pattern are six (6) inches or less in width.
(8) Windows and Entryways: At least fifteen percent (15%) of the area of a street-facing façade must include windows or main entryways. Street-facing windows shall comply with the following requirements:
i. Each window must be square or vertical-at least as tall as it is wide; or
ii. A horizontal window opening may be created subject to the following standards:
a) Two (2) or more vertical windows are grouped together to provide a horizontal opening, and they are either all the same size or no more than two (2) sizes are used. Where two (2) sizes of windows are used in a group, the smaller window size must be on the outer edges of the grouping. The windows on the outer edges of the grouping must be vertical; the center window or windows may be vertical, square, or horizontal;
b) There is a band of individual lights across the top of the horizontal window. These small lights must be vertical and must cover at least twenty percent (20%) of the total height of the window; or
c) Windows in rooms with a finished floor height four (4) feet or more below grade are exempt from this standard.
d) Windows shall not be flush with exterior wall treatments. Windows shall be provided with an architectural surround at the jambs and header, and a projecting sill.
(c) Duplexes, Triplexes, and Quadraplexes.
(1) Generally: Duplexes shall include at least two (2) of the following architectural elements, as described in Duplexes, Triplexes, and Quadraplexes of this Section:
i. Dormers;
ii. Front porches;
iii. Bay windows; and
iv. Balconies.
(2) Covered Balconies: Duplexes or triplexes may provide a covered balcony on the same façade as the main entrance instead of a front porch.
(3) Windows: Windows shall have a vertical-to-horizontal ratio of at least 1.5:1 and less than 3:1, which are recessed into the face of the building and broken up with smaller panes of glass or mullions. For existing structures, mullion design should be consistent with windows already in place.
(4) Roofs: The roof of each attached unit must be distinct from the other through either separation of roof pitches or direction, or other variation in roof design.
(d) Manufactured Homes: Manufactured homes shall conform to the requirements of Section 1105.27(b) Single-Family Residential Dwellings of this Section.
(1) Zoning Standards: Any manufactured home on an individual lot shall conform to the same building setback standards, side and rear yard requirements, standards for enclosures, access, vehicle parking, and square-footage standards and requirements that would be applicable to a conventional, single-family residential dwelling on the same lot.
(2) Foundation: The dwelling shall be attached to a permanent foundation system in compliance with the Part 13, Building Code as may be amended, and the following requirements:
i. All wheels, hitches, axles, transporting lights, and removable towing apparatus shall be permanently removed prior to installation of the dwelling unit;
ii. The foundation shall be excavated and shall have continuous skirting or backfill leaving no uncovered open areas excepting vents and crawl spaces. The foundation shall either not be located above grade or shall include masonry skirting; and
iii. All manufactured homes shall be anchored to the ground by means of anchors attached both to the frame and with straps extending over the top and completely surrounding the sides and roof, consistent with building code requirements. In addition, test data giving certified results of pull tests in soils representative of the area in which the anchors are to be used shall be submitted to the Building and Zoning Inspector. Minimum load in direct pull shall be 5,400 pounds. Anchors shall be marked so that, after installation, the identification is in plain view for inspection.
(3) Orientation: Manufactured homes that are narrower than sixteen (16) feet in width shall be oriented on the lot so that its long axis is parallel to the street.
(e) Multifamily Dwellings.
(1) Applicability: Unless otherwise specified in this Code, this section applies to any of the following where located on a lot exceeding 10,000 square feet:
i. Any townhouse or row house; and
ii. Any building that includes multifamily dwelling units.
iii. For purposes of computing the number of dwelling units to determine applicability of the standards of this section, the number of existing or proposed dwelling units within any tract of land plus all existing or pro- posed multifamily dwellings on any adjacent property under common ownership shall be counted.
(2) Entryways: For developments of forty (40) or more dwelling units, a divided ingress-egress driveway with a landscaped median for all entrances from public streets shall be provided.
(3) Common Open Space: Common open space areas shall be required. The Building and Zoning Inspector may waive up to fifty percent (50%) of the open space requirement if all units within the development are located within 1,000 feet of a public park as measured along a public sidewalk. The open space requirements of this section shall not apply to multifamily residential developments that are second- floor units above first-floor commercial development, or to any residential developments in the "D" (Downtown) zoning district that are above the first floor. Open space provided pursuant to this requirement shall be accessible to all residents of the development and shall measure at least thirty (30) feet across its narrowest dimension.
(4) Pedestrian Facilities. Sidewalks shall be constructed within the interior of the development to link residential buildings with other destinations, such as, but not limited to, parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways, and on-site amenities, such as recreation areas. Sidewalks shall be provided adjacent to all public streets that provide access to the development.
(5) Building Design: Building design for multifamily buildings shall:
i. Provide interesting and aesthetically attractive multifamily developments;
ii. Avoid monotonous, "barracks"-style buildings;
iii. Ensure that multifamily buildings have a multifaceted exterior form in which articulated façades are combined with window and door placements as well as other detailing; and
iv. Create an interesting and attractive architectural design.
(6) Building Design Standards: The following standards shall apply to building design:
i. Buildings shall not exceed 150 feet in length;
ii. Façades greater than fifty (50) feet in length, measured horizontally, shall incorporate wall plane projections or recesses. Ground-floor façades that face public streets shall have arcades, windows, entry areas, awnings, or other such features for at least sixty percent (60%) of their horizontal length;
iii. Buildings shall be arranged so that they are aligned parallel to a sidewalk or around common open space, such as courtyards, greens, squares, or plazas; and
iv. Entryways shall face a street, sidewalk, or com- mon area. Buildings shall not face the rear of other buildings on the same lot or parcel.
(7) Utilities: All utility lines shall be located underground. Outdoor area lighting shall be provided for security. Such lighting shall be shielded to direct light downward and not into dwelling units on, or adjacent to, the multifamily site. Lighting shall be provided to illuminate the intersections of primary interior driveways and building entryways.
(f) Commercial Buildings.
(1) Purpose and findings: These standards are designed to:
i. Promote a quality, urban streetscape;
ii. Promote a pedestrian-friendly environment;
iii. Establish a variety of mixed uses in the core of the community;
iv. Provide an orderly development pattern;
v. Maintain a supply of developable land while pre- serving the compact development;
vi. Improve traffic circulation and promote alternatives to automobile travel;
vii. Provide housing opportunities within walking distances of employment, service, and retail opportunities;
viii. Maintain an overall design theme;
ix. Preserve a human scale for new buildings;
x. Provide economic development opportunities through clean industry, office, and commercial uses; and
xi. Provide for the daily needs and services of the community.
xii. Do not restrict imagination, innovation, or variety.
(2) Applicability: Unless otherwise specified in this Section, this section applies to any commercial building or structure.
(3) Building Structure:
i. Base, middle, and cap: Buildings exceeding two (2) stories shall incorporate a base, a middle, and a cap described as follows:
a) The base shall include an entryway with transparent windows as set forth in the ground-floor design standards (Section 1105.27(f)(5) Ground-Floor Design), and a molding or reveal placed between the first and second stories or over the second story. The molding or reveal shall have a depth of at least two (2) inches and a height of at least four (4) inches;
b) The middle may include windows and/or balconies; and
c) The cap shall include the area from the top floor to the roof of the building and shall include a cornice or a roof overhang.
ii. Alignment: Windowsills, moldings, and cornices shall align with those of adjacent buildings. The bottom and top line defining the edge of the windows (the "windowsill alignment") shall vary not more than two (2) feet from the alignment of surrounding buildings. If the adjoining buildings have a windowsill alignment that varies by more than two (2) feet from one another, the pro- posed building shall align with one of the adjoining buildings.
(4) Façade Size: "Façade size" refers to the length multiplied by the width of any façade that faces or is parallel to a public or private street. "Façade" means the exterior side of a building and includes the entire building walls, including wall faces, parapets, fascia, windows, doors, canopy, and visible roof structures of one (1) complete elevation. The sum total of the façade areas on a lot may exceed the maximum façade size described in this section by dividing the buildings into two (2) or more buildings, or into distinct "modules" that incorporate visible changes in the façade elevation through the use of wall plane projections, piers, columns, colonnades, arcades, or similar architectural features that create a distinct façade elevation. Each module shall have separate windows and entryways. The modules for a single, continuous façade shall not exceed an average of thirty (30) feet in width. No module shall exceed fifty (50) feet in width.
(5) Ground-Floor Design.
i. All buildings subject to this section shall have their principal entrance opening to a street, square, plaza, or sidewalk. The principal entrance shall not open onto a parking lot. Pedestrian access from the public sidewalk, street right-of-way, or driveway to the principal structure shall be provided through an improved surface.
ii. The ground floor of the entryway shall align with the sidewalk elevation in situations where the primary entry is accessed via sidewalk. Sunken terraces or stairways to a basement shall not constitute entryways for purposes of this section. It is not the intent of this section to preclude the use of below-grade entryways, provided, however, that such entryways shall not constitute a principal entryway and shall not be used to satisfy the distancing requirements of Section 1105.27(f)(6) Windows and Entryways of this section.
(6) Windows and Entryways.
i. Windows above the ground floor shall have a minimum ratio of height to width of 2:1.
ii. The ground floors of all buildings shall be designed to encourage and to complement pedestrian- scale activity by the use of windows and doors arranged so that the uses are visible from and/or accessible to the street on at least fifty percent (50%) of the length of the first-floor street frontage. At least sixty percent (60%) nor more than ninety percent (90%) of the total surface area of the front elevation shall be in public entrances and windows (including retail display windows). Where windows are used, they shall be transparent.
iii. Solid walls shall not exceed twenty (20) feet in length.
iv. All street-level retail uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided. This standard shall not apply to any lot with a street frontage of less than twenty-four (24) feet.
v. Doors shall be recessed into the face of the building to provide a sense of entry and to add variety to the streetscape. An entryway shall not be less than one (1) square foot for each 1,000 square feet of floor area, and in all cases shall not be less than fifteen (15) square feet.
vi. The maximum setback requirements may be waived by the Building and Zoning Inspector for an area not to exceed ninety percent (90%) of the frontage in order to accommodate courtyards.
vii. Canopies, awnings, and similar appurtenances may be constructed at the entrance to any building, subject to the criteria established in the Uniform Building Code.
(7) Mechanical Equipment: Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from view at the front property line. Exterior screening materials shall be the same as the predominant exterior materials of the principal building. In cases where the front property line is higher than the roof line of the subject building, no screening shall be required for a line of sight exceeding five (5) feet six (6) inches above the finished elevation of the property at the front property line.
(Ord. 32-2020. Passed 1-19-21.)
1105.29 SOLAR ENERGY.
(a) Purpose and Intent.
(1) The purpose of this Section is to ensure that solar energy systems are appropriately designed, and safely sited and installed, with the intent to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety, and welfare of the community.
(2) This Section establishes supplemental standards for solar energy systems to be located within the various zones, in association with a primary use or principal structure, and installed and operated in a manner that is consistent with the base zone and will not compromise adjacent uses.
(3) In the event of a conflict between the standards in this Section and the standards in the applicable zones, the standards of this Section shall control.
(b) Permit Required.
(1) Permits. Prior to the installation of a solar energy system, a zoning certificate and building permit approval is required. When a Conditional Use Permit is required, it is identified in the appropriate Section.
(2) Application. Applications for a solar energy system must be filed on the form(s) provided by the Department, together with all required fees and/or deposits in compliance with Section 1107.13, Applications and all other information and materials specified by the application requirements list provided by the Village. Applications shall include:
A. A site plan of the property showing the exact location of the proposed alternative energy system, all existing utility lines (specifically indicating overhead lines), setbacks, easements, and all other structures on the premises.
B. A description of the proposed alternative energy system, including information regarding its construction, method of assembly, installation and intended use as either a primary, ancillary or back-up power or emergency power source, and method of disposal once the solar energy system ceases operation or is replaced
C. Plans showing the specifications and elevations of the proposed system.
D. A landscaping plan showing the size, quantity, and types of landscaping materials to be used for screening, in compliance with Section 1105.11, Landscaping and Buffering; and
E. If the applicant is not the owner of the premises, the application shall include a statement by the owner giving the applicant written consent to install the system on the premises.
(3) Appeals and Variances. Applications for deviations from the standards of this Section shall be processed in compliance with the procedures in Section 1107.27, Appeals.
(c) Solar Energy Systems.
(1) Roof Mounted Solar Energy Systems.
A. Flat and Low sloped roofs. Roof mounted solar energy systems on flat and low sloped roofs not visible from any street are allowed in all zones subject to compliance with the standards in this Section.
B. Pitched Roofs. Roof mounted solar energy systems on pitched roofs are allowed in all zones subject to compliance with this Section.
C. Location.
1. No portion of any roof-mounted solar energy system may extend below the roof line or above the highest point of the roof.
2. All solar panels must be configured contiguous in a regular quadrangular shape and aligned with existing roof edges.
3. All solar panels must be positioned within the field of the roof plane with a proportional margin of roof between the panel and roof edges.
D. Height. Roof mounted solar energy systems shall be either integrated into the roof layer or a separate flush mounted panel attached to the roof surface and must not project vertically if installed on a pitched roof. The use of standard, low profile mounting hardware required to attach panels to a roof surface must not be considered a projection. Panels or tubing installed on flat roofs may project vertically if not visible from any street and adjacent property.
E. Appearance.
1. All solar panels must have a non-reflective coating to minimize glare.
2. Roof mounted installations must be consistent in appearance.
3. All mounting brackets and related structural supports must not extend more than six inches above the roof surface and must be covered in a manner architecturally compatible with the building to screen from public visibility and/or abutting properties.
4. All wires and other associated appurtenances related to a solar energy system must be installed below the roof line, in a secure location and must not be visible from any street.
(2) Ground Mounted Solar Energy Systems. Ground mounted solar energy systems require approval of a Conditional Use Permit only in the Industrial Light (IL) and Industrial Heavy (IH) zones and must comply with the standards of Section 1105.09(c) and the following:
A. Location. Ground mounted solar energy systems shall only be placed in the rear or side yard or within a paved parking lot with sufficient clearance to accommodate passenger vehicles only.
B. Setbacks. All ground mounted systems must comply with the setbacks for accessory buildings and structures. If installed in a paved parking lot, ground mounted systems must comply with the appropriate parking setback standards.
C. Height. The maximum height must not exceed 13 feet, including parking lot installations.
D. Screening. Appropriate landscaping and/or fencing is required for safety and screening purposes, in compliance with Section 1105.11, Landscaping and Buffering. This provision may be modified by the Zoning Administrator if strict compliance would result in no or poor productivity, as established by evidence provided by the applicant.
E. Maintenance. The ground area under installations must be maintained; if a hard surface is installed, lot coverage standards in the base zone must be met.
F. Safety. Ground mounted solar energy systems must be appropriately labeled and secured from unauthorized access.
G. Glare. Ground mounted solar energy systems must be installed to prevent any negative impact of glare or reflection onto any neighboring property or right-of-way.
(Ord. 22-2021. Passed 9-7-21.)
1107.01 PURPOSE AND INTENT.
The purpose of this chapter is to consolidate the procedures for filing and processing applications for development approval. The format is designed to allow users to quickly and efficiently ascertain the various steps involved in obtaining development approval from the initiation and filing of an application, the administrative completeness review, the review for compliance with substantive standards, through the public hearings.
(Ord. 32-2020. Passed 1-19-21.)
1107.03 REVIEW AND APPROVALS SUMMARY.
(a) This chapter sets forth the powers and duties of the Building and Zoning Inspector, the Board of Zoning Appeals (BZA), and the Planning Commission relative to the administration and enforcement of this Zoning Code.
(b) The following table summarizes the applications and role of each of the administrative, quasi-judicial, quasi-legislative, and legislative reviews set forth in this Chapter and the responsible reviewing party:
Table 1107-1
Review and Approvals Summary
Application Type | Building and Zoning Inspector | Planning Commission | Board of Zoning Appeals | Council |
Zoning Certificates | ||||
Application Submitted To: | X | |||
Decision By: | QJ | |||
Appeal To: | QJ | |||
VARIANCES | ||||
Application Submitted To: | X | |||
Decision By: | A Standard Plan | QJ Major Plan | ||
Appeal To: | QJ | |||
CONDITIONAL USES | ||||
Application Submitted To: | X | |||
Decision By: | A Minor | QJ Major | ||
Appeal To: | QJ | |||
SIMPLE USE DETERMINATION | ||||
Application Submitted To: | X | X | ||
Decision By: | QL | LS | ||
Appeal To: | ||||
SITE PLAN AND DESIGN REVIEW | ||||
Application Submitted To: | X | |||
Decision By: | QL | |||
Appeal To: | ||||
DESIGN REVIEW | ||||
Application Submitted To: | X | |||
Decision By: | A | |||
Application Type | Building and Zoning Inspector | Planning Commission | Board of Zoning Appeals | Council |
Appeal To: | QJ | |||
ZONING TEST AMENDMENT | ||||
Application Submitted To: | X | |||
Decision By: | A | |||
Appeal To: | QJ | |||
MAP/TEXT AMENDMENT | ||||
Application Submitted To: | X | |||
Decision By: | A | |||
Appeal To: | QJ | |||
ZONING ENFORCEMENT | ||||
Application Submitted To: | X | |||
Decision By: | A | |||
Appeal To: | QJ | |||
Key | |
A | Administrative Decision |
QJ | Quasi-Judicial Decision |
QJF | Quasi-Judicial Decision-Final Appealable Decision |
LS | Legislative Decision |
X | Responsible for Application Intake and Determination of Completeness |
(Ord. 32-2020. Passed 1-19-21.)
1107.05 BUILDING AND ZONING INSPECTOR.
Unless otherwise directed by the City Manager, the Building and Zoning Inspector shall have the following responsibilities and powers:
(a) Enforce the provisions of this Code and interpret the meaning and application of its provisions;
(b) Receive, review and make determinations on applications for zoning certificates;
(c) Issue zoning certificates as provided by this Code and keep a record of same with notations of special conditions involved;
(d) Review and process standard site and design plans pursuant to the provisions of this Code;
(e) Make determinations on whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing pursuant to the procedures in this Code;
(f) Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this Code;
(g) Review, process, and approve or deny applications for conditional use permits pursuant to the provisions of this Code.
(h) Maintain permanent and current records required by this Code, including, but not limited to, the Zoning Map, zoning certificates, inspection documents and records of all variances, amendments and Conditional Uses, which shall be made available for use of the Council, Planning Commission, the Board of Zoning and Building Appeals (BZA) and the public;
(i) Determine the existence of any violations of this Code and enforce this Code;
(j) Revoke a Zoning Certificate or approval issued contrary to this Code or based on a false statement or misrepresentation on the application; and
(k) Such other administrative duties as specifically granted to them from time to time by the Mayor or the City Manager.
(Ord. 32-2020. Passed 1-19-21.)
1107.07 PLANNING COMMISSION.
(a) The Village of Greenfield Planning Commission is established and organized in accordance with Section 147.01 of the Codified Ordinances.
(b) The Planning Commission shall have the following powers and duties under this Code and in furtherance of Section 147.01 of the Codified Ordinances:
(1) Initiate advisable Zoning Map changes, or changes to the test of the Code where the same will promote the best interest of the public in general through recommendation to the Village Council;
(2) Review all proposed amendments to this Code, whether map amendment or text amendment;
(3) Review plats and subdivision regulations;
(4) Review and approve or deny approval of certificates of appropriateness;
(5) Review of site plans;
(6) Establish such reasonable conditions, regulations, and standards in the approval of a district change, site plan and design approval, certificate of appropriateness, or other official action as necessary to ensure a project complies with the purpose and intent of this Code and of the ordinances of the Village;
(7) Exercise any powers, duties or functions provided to municipal planning commissions by state law that do not otherwise conflict with Village Council's ordinances or resolutions, or this Code; and
(8) Such other official action consistent with the powers, duties, or authorities of the Commission as set forth by the provisions of this Code, or assigned by Village Council.
(c) In furtherance of its duties and powers under this Code, the Planning Commission shall operate in accordance with the following procedures:
(1) Three (3) members present shall constitute a quorum of the Planning Commission.
(2) All actions taken by the Planning Commission shall be initiated by motion and shall be recorded in the minutes.
(3) The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each application or questions, or, if a member is absent or fails to vote, the minutes shall indicate such fact.
(4) Three (3) affirmative votes shall be required for the adoption of any motion.
(Ord. 32-2020. Passed 1-19-21.)
1107.09 BOARD OF ZONING APPEALS.
(a) The powers and duties of the BZA shall be as follows:
(1) To permit exceptions to and variances from the provisions of this Code, as provided in this section hereof;
(2) To authorize or deny a conditional use permit where the Building and Zoning Inspector has forwarded an application to the BZA for review;
(3) To authorize the operation of a similar use through the similar use determination process set forth under this section hereof;
(4) To establish such reasonable conditions, regulations, and standards in the approval of a, conditional use, variance or exception, or other official action as necessary to ensure that the design, construction, and operation of the use or structures subject to such approval are carried out consistent with the purpose and intent of this Code and of the ordinances of the Village;
(5) To make interpretations, upon request of the Building and Zoning Inspector or upon appeal from any property owner of the Village, of the meaning and application of the provisions and illustrations of this Code and of the Zoning Map of the Village including:
i. Determination of the exact boundary lines of districts or zones;
ii. Determination of the meanings of the permitted uses and conditional uses as listed in the districts or zones, and
iii. Determination of the rules applicable to the filing of applications, review procedures, and permit issuances; provided however, the BZA shall not make such interpretations as the Village Attorney may determine should be a matter of legislative action by Village Council.
(6) To grant or deny a zoning certificate when the question of the issuance of such certificate is referred to it by the Building and Zoning Inspector, or when the provisions of this Zoning Code indicate that the Board shall consider such question;
(7) To overrule or amend any official action of the Building and Zoning Inspector when an applicant makes an appeal for such relief and when the Board determines that such action has been contrary to the intent and spirit of this Code. For such purpose, the Board may make null and void any zoning certificate issued or any action taken by the Planning and Zoning
(8) Administrator by notifying the Building and Zoning Inspector and the principal interested party or parties in writing;
(9) To hear appeals from the Property Maintenance Code as provided for in that code; and
(10) Such other official action consistent with the powers, duties, or authorities of the Board as set forth by the provisions of this Code or assigned by Village Council.
(b) In furtherance of its duties and powers under this Code, the BZA shall operate in accordance with the following procedures:
(1) Three (3) members present shall constitute a quorum of the BZA;
(2) All action taken by the Board shall be initiated by motion and shall be recorded in the minutes. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if a member is absent or fails to vote, the minutes shall indicate such fact; and
(3) Three (3) affirmative votes shall be required for the passage of any motion.
(Ord. 32-2020. Passed 1-19-21.)
1107.11 DOWNTOWN DESIGN REVIEW BOARD.
(a) The Downtown Design Review Board (DDRB) is created to provide guidance and direction for buildings, properties, and other structures within the Historic Downtown Design District (HDDD), structures originally built as single-family residences. If a residence within the district is converted to commercial use, and alterations are requested to accommodate the business, then the provisions of this Section shall apply, and a Certified of Appropriateness shall be required. The guidance and direction includes, but is not limited to, providing a process to review plans and specifications for improvements, restoration activities, rehabilitation and renovation to buildings, properties and other structures; creating an architecturally appropriate downtown area; maintain, enhance and preserve the distinctive character and architectural integrity of buildings, properties and other structures and assure that future intrusions and alterations to buildings, properties and structures are architecturally and period appropriate, retaining environmental architectural, historical, economic and community development goals of the community. This Section does not apply to general maintenance, including, but not limited to repainting existing colors.
(b) Historic Downtown Design District; Boundaries. The Historic Downtown Design District (HDDD) shall be represented on Exhibit "A" attached to Ordinance 7-11.
(c) Downtown Design Review Board; Members; Meetings.
(1) The DDRB shall consist of five (5) members, appointed and approved by City Council and shall include two (2) downtown property and/or business owners, one (1) representative from the Greenfield Historical Society, one (1) representative from a financial institution and one (1) citizen at large. Members shall continue to serve until such time as a member's replacement has been appointed by City Council.
(2) Each member shall serve a three (3) year term, which shall be staggered as established by City Council.
(3) The DDRB shall meet monthly or at a time frequency determined by the Board.
(d) Certificate of Appropriateness.
(1) No building, property or structure within the HDDD shall be altered, constructed, painted, including, but not limited to, facades, roofs, windows, signage, or doors, until a Certificate of Appropriateness application has been reviewed and approved by DDRB and a Certificate has been issued by the Board.
(2) All applications for a Certificate of Appropriateness shall be submitted to the City Manager's office on an application form provided by the City Manager's office.
(e) Project Evaluation and Review Criteria.
(1) All projects submitted to the DDRB for Certificate of Appropriateness shall conform to the U.S. Secretary of Interior's Standards and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
(2) All buildings, structures and sites are recognized as products of their own time, and alterations that have no historical basis, but seek to create appearance inconsistent or inappropriate to the original integrity of the building, structure or site shall be prohibited.
(3) Distinguishing original qualities or character of a historic building, structure, site and/or its environment shall be preserved where possible and practical.
(4) Changes which have occurred through time, and which have acquired significance should be recognized and respected.
(5) Repair of significant architectural features, when possible and practical, is preferred over replacement. When feasible, the repair or replacement shall accurately duplicate the feature, and be substantiated by historical, physical, or pictorial evidence.
(6) Contemporary design for alterations and additions to existing properties and the use of contemporary materials are not to be discouraged, when such design or use of materials does not destroy significant historical or architectural material, and the design or use of material is compatible and/or harmonious with the character of the property and area and existing materials.
(7) The surface cleaning of masonry structures shall utilize methods that minimize damage to the building materials.
(8) Reconstruction and/or rehabilitation of structures, buildings and open spaces within the HDDD shall conform to the distinguishing, original exterior qualities or character of the structure, its site, and its environment, when possible and practical, given environmental, architectural, historical, economic and community development considerations.
(9) The use of traditional exterior materials such as brick, stone, masonry and wood is encouraged. Contemporary materials such as aluminum, other metals, fiberglass and plastics for exterior surfaces are permitted when it is demonstrated that the use of traditional materials is clearly unfeasible given environmental, architectural, historical, economic and community development considerations, or when the use of contemporary material will contribute to preservation or enhancement of existing traditional materials and the overall integrity and longevity of a structure.
(10) New construction and/or additions to an existing structure should be harmonious with the existing structure and its surroundings, in design, materials and color, as much as is practical and feasible.
(f) Decisions by the Board.
(1) Once a Certificate of Appropriateness has been fully completed and submitted by the applicant, the DDRB shall meet within thirty (30) days to evaluate and review the Certificate of Appropriateness .
(2) Upon evaluation and review, per Section 1107.11(e) the DDRB shall approve, deny, or modify the application. The Board shall clearly state the rationale for its decision in writing, and it shall be mailed to the applicant within thirty (30) days of the decision.
(3) Applications must be submitted to the City Manager's office no less than fifteen (15) days prior to a scheduled DDRB meeting.
(4) If an application for a Certificate of Appropriateness is denied, the property owner requesting the Certificate of Appropriateness may appeal to the Board of Zoning Appeals within thirty (30) days of the written denial, and the appeal shall be handled by the procedures established in Section 1107.27.
(g) Signage.
(1) Proper signage is encouraged in that signs shall conform to what is typically associated with the era during which the structure was built, including overhanging signs.
(2) Overhanging signs (projecting signs) may not exceed twelve (12) square feet; with horizontal and vertical measurements not exceeding four (4) lineal feet. Such signs shall be a minimum of ten (10) feet above the sidewalk and may not hang beyond the street curb line. Such signs are prohibited over alleys. Overhanging signs shall not have internal lighting.
(h) Demolition. No demolition of any property shall be undertaken unless the owner of the premises has obtained a Certificate of Appropriateness. The DDRB shall grant the demolition and issue a Certificate of Appropriateness when at least one of the following conditions prevail:
(1) The structure contains no features of architectural and historic significance to the character of the HDDD.
(2) There exists no reasonable economic use for the structure as it exists or as it might be restored and that there is no feasible and prudent alternative to demolition.
(3) Deterioration has progressed to the point where it is not economically feasible to restore the structure.
(4) It is in the best interest of community development considerations to undertake the demolition.
(i) Planting or Replacement of Trees. The DDRB shall review and approve the planting or replacement of all street trees within the HDDD, as designated on the map of the HDDD. The DDRB shall always approve the planting of a Skyline Locust; however, the DDRB may approve a Lacebark Elm, London Planetree, Japanese Zelkova, or other species recommended by an urban arborist, if the DDRB determines, in its sole discretion, that such species would be appropriate for the location requested.
(j) Permit Required. A building and/or zoning permit also may be required for work performed in the HDDD. It is the property owner's responsibility to acquire all necessary permits prior to commencing the activity approved in the Certificate of Appropriateness.
(k) Enforcement and Penalty.
(1) The City Manager shall enforce this Section.
(2) Whoever violates any provision of this section is guilty of a misdemeanor of the third degree. Each day on which a violation occurs or continues shall be deemed a separate offense.
(Ord. 32-2020. Passed 1-19-21.)
1107.13 APPLICATIONS.
(a) All requests for a decision or approval under this Code begins with the property owner or agent thereof filing an application with the Building and Zoning Inspector on forms provided from time to time.
(b) A complete application shall include all required submissions and the payment in full of all applicable fees, which shall be proposed from time-to-time by the Mayor and approved by Council.
(c) The Building and Zoning Inspector will determine whether an application is complete and is ready to be processed. In some instances, an additional application may be deemed necessary by the Building and Zoning Inspector and, if so, an application will not be deemed to be complete unless and until the all applications are submitted and reviewed and determined to be in accordance with all submittal requirements. The applicant will be notified in writing of any deficiencies in the completeness of the application and shall have thirty (30) days from the date thereof to complete the application or the application will be deemed null and void.
(d) If a decision on the application is to be made by someone other than the Building and Zoning Inspector, then the complete application shall be forwarded to the appropriate body for review in accordance with this Code.
(e) Unless otherwise prescribed by this Code or requested by the applicant, the applicable decision-making body or administrator shall render a decision on all applications within sixty (60) days from the original hearing.
(f) The Building and Zoning Inspector, in consultation with the City Manager, BZA, or any additional Village staff shall publish application procedures and additional requirements in a document to be known as the Development Handbook, which shall be incorporated here by reference. The Building and Zoning Inspector shall make the most current version of this document available to the public in a manner that is easily accessible.
(g) In the interest of timely and efficient administration of the provisions of this Code, applicants may submit, and the Board may take action upon, concurrent applications for conditional uses, similar use determinations, variances, and other matters on which the Board is granted authority by this Code. All such concurrent applications shall be submitted in conformance with the applicable provisions of this Code. The Board shall not take such concurrent action if it determines that such concurrent action is not in the best interest of the Village.
(h) Unless otherwise prescribed by this code or requested by the applicant, the Board shall render a decision on all applications within sixty (60) days from the original hearing.
(Ord. 32-2020. Passed 1-19-21.)
1107.15 ZONING CERTIFICATE.
(a) The submission and review of zoning certificates shall be conducted in accordance with the provisions set forth hereunder.
(b) No use of land, building or structure and no construction or alteration of an existing use, building, or structure shall commence until a zoning certificate is issued by the Building and Zoning Inspector certifying that the intended use of the premises has been documented, reviewed, and approved in conformance with the provisions of this Zoning Code. A zoning certificate shall only be issued by the Building and Zoning Inspector subsequent to completion of all procedures and approvals required by this Code.
(c) Except as otherwise provided in this Code, a zoning certificate shall be required before:
(d) An application for a zoning certificate shall be submitted to the Building and Zoning Inspector and shall include, a plan or plans drawn to scale showing:
(1) The dimensions and the shape of the lot to be used or built upon;
(2) the sizes and locations of existing structures and uses on the lot;
(3) the dimensions and locations of proposed structures and uses;
(e) When the Building and Zoning Inspector determines that an application for a zoning certificate does not comply with the provisions or intent of this Code, or that an application does not provide sufficient information to determine compliance with this Code, then the Building and Zoning Inspector shall deny the application and shall not issue a zoning certificate.
(f) The Building and Zoning Inspector may refer zoning certificates to the BZA for review.
(g) Within fourteen (14) days of the Building and Zoning Inspector's denial of a zoning certificate, the applicant may file a written appeal with the BZA. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the Planning and Zoning.
(Ord. 32-2020. Passed 1-19-21.)
1107.17 VARIANCES.
(a) The provisions set forth hereunder shall apply to the review and grant of variances under this Code.
(b) An applicant seeking a variance shall submit a written request for variance on forms provided by the Planning Zoning Administrator together with the applicable fee. In addition to information relating to the subject property and the applicant, the request for a variance shall include the following information :
(1) A description of the nature of the variance requested and a statement demonstrating the extent to which the requested variance conforms to the standards for variance in this Code;
(2) A statement of hardship; and
(3) Such other information and exhibits as may be appropriate to establish the facts of the appeal and the grounds for relief.
(c) Before approving or denying a request, the BZA shall hold at least one public hearing on the matter. The BZA shall cause notice of the hearing to be made to the public by seven (7) days advance publication, in a newspaper of general circulation in the Village, of the place, time, date and the nature of the variance applied for. The BZA shall also cause the subject property to be posted with a notice of hearing at least seven (7) days prior to the day of the hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.
(d) No variance from the strict application of the provisions of this Code shall be granted unless the BZA makes specific findings of fact, based on the evidence presented to it, which support conclusions that the variance conforms to the following standards:
(1) The variance is in accord with the general purpose and intent of the regulations imposed by this Code in the district in which it is located and shall not be injurious to the area or otherwise detrimental to the public welfare.
(2) The variance will not permit the establishment of any use which is not otherwise listed as a permitted use or a conditional use in the zone or district in which the subject property is situated.
(3) There exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought, which are peculiar to such land or structures and which do not apply generally to land or structures in the area, and which are such that the strict application of the provisions of this Code would deprive the property owner of the reasonable use of such land or structures. There must be a deprivation of the beneficial use of land, as opposed to mere loss in value as justification for the variance.
(4) There is proof of hardship or practical difficulty created by the strict application of this Code, beyond simply a showing that greater profit will result if the variance is granted. Economic hardship is not grounds for the variance. Furthermore, the hardship complained of is not self- created nor is it established on this basis by one who purchased with or without knowledge of the restrictions. The hardship results from the application of this Code and is suffered directly by the property in question.
(5) The variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
(6) The variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
(7) The variance will not confer on the property owner any special privilege that is unduly denied by this Code to other land, structures, or buildings in the same district.
(8) No nonconforming use of neighboring land or structures in the same district and no permitted or nonconforming use of land or structures in other districts are considered as grounds for approval of the variance.
(9) The variance is not a matter of convenience when other remedies are available within the provisions of this Code.
(e) In granting any variance, the BZA shall establish such conditions as are necessary to secure substantially the objectives of this Code. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a violation of this Code.
(f) No action of the BZA granting a variance shall be valid for a period longer than twelve (12) months from the date of such action unless the zoning certificate is obtained within such period, and the erection or alteration of a structure is started or the use is commenced within such period, provided however, notwithstanding anything to the contrary herein, such twelve (12) month period may be extended by the Building and Zoning Inspector upon the demonstration by the applicant that any delay in the commencement of the erection or alteration of a structure is the result of factors beyond the control of the applicant, in which case, the Building and Zoning Inspector may elect to grant an extension of up to six (6) months.
(g) The BZA shall not accept a new application for a variance that has been previously denied within twelve (12) months of denial.
(Ord. 32-2020. Passed 1-19-21.)
1107.19 CONDITIONAL USES.
(a) Reviews of applications for conditional uses shall be conducted by the Building and Zoning Inspector in accordance with the provisions set forth under this Section; provided however, if, the Building and Zoning Inspector determines in his or her professional opinion that an application warrants public review, then the Building and Zoning Inspector shall forward such application to the BZA for review. The intent of the procedure for authorizing a conditional use is to set forth the development standards and criteria for locating and developing conditional uses in harmony with the character of the surrounding area, conditions of development and with regard to appropriate laws.
(b) In addition to such standard information regarding the subject property and the applicant, the application for a conditional use shall contain the following:
(1) A description of the zoning district and existing uses of adjacent lots;
(2) A statement of the conditional use for which the application is submitted, including a description of the activities proposed on the subject property, the goods and services sold or provided, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will assist the BZA with understanding the nature of the proposed use and its potential impacts;
(3) A plan of the proposed site and improvements showing the proposed location of all structures, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping, and other relevant features;
(4) A narrative statement describing the compatibility of the proposed use with the existing uses of adjacent lots and with the Land Use Plan, including an evaluation of the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water, and any measures proposed to mitigate such effects;
(5) A narrative addressing each of the applicable criteria set forth in the standards and requirements for all conditional uses set forth below and, as applicable, the supplementary requirements for special uses set forth under the applicable district or zone regulations.
(6) Such other information as the BZA deems necessary to make a determination of the compliance of the proposed use with the applicable standards and regulations. Such additional information may include, but shall not be limited to:
i. Traffic impact analysis;
ii. Storm water impact analysis; and/or
iii. Utility impact analysis.
(c) When review of an application for a conditional use permit is forwarded by the Building and Zoning Inspector to the BZA, before approving or denying a request for a conditional use, the BZA shall hold at least one public hearing on the matter. The BZA shall cause notice of the hearing to be made in accordance with its standard process for providing notice of a hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.
(d) Upon reviewing an application for a conditional use, the Building and Zoning Inspector or the BZA, as applicable, shall consider whether the application provides adequate evidence that the proposed conditional use is consistent with the following standards:
(1) The proposed use shall be in harmony with the existing or intended character of the zone or district and nearby affected zones and districts and shall not change the essential character of the zones and districts;
(2) The proposed use shall not adversely affect the use of adjacent property;
(3) The proposed use shall not adversely affect the health, safety, morals, or welfare of persons residing or working in the neighborhood;
(4) The proposed use shall be served adequately by public facilities and services such as, but not limited to, roads, police and fire protection, storm water facilities, water, sanitary sewer, and schools;
(5) The proposed use shall not impose a traffic impact upon the public right-of-way significantly different from that anticipated from permitted uses of the zone or district;
(6) The proposed use shall be in accord with the general and specific objectives, and the purpose and intent of this Zoning Code and the Land Use Plan and any other plans and ordinances of the Village;
(7) The proposed use complies with the applicable specific provisions and standards of this Code;
(8) The proposed use shall be found to meet the definition and intent of a use specifically listed as a conditional use in the zone or district in which the subject property is situated.
(e) After review of the application and any additional information presented by the applicant, the Building and Zoning Inspector or the BZA, as applicable, shall take action to:
(1) Approval the conditional use, based upon findings of compliance with the standards and requirements of this Code and subject to conditions to ensure compliance with this Code; or
(2) Deny the conditional use, upon finding that the application does not comply with the provisions of this Code
(f) In approving a conditional use, the Building and Zoning Inspector or the BZA, as applicable, may impose such conditions as deemed necessary to protect the public welfare, preserve the purpose and intent of this Code, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the special impacts of the use. Such conditions may include, but shall not be limited to:
(1) Locations, setbacks, and configurations of structures and of uses of interior and exterior space;
(2) Screening comprised of landscaping, walls, fencing or other materials or construction;
(3) Access points and traffic management provisions, including those impacting vehicular and pedestrian access, and the locations and design of parking facilities;
(4) Noise control measures, including those regulating loudspeakers or irregular vehicular or equipment noise;
(5) Other features of construction, including but not limited to paving and parking, signs, and landscaping;
(6) Hours and method of operation;
(7) Maintenance of the site, structures, and landscaping;
(8) Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, water-carried waste, and storm water; and
(9) A time limit for operation of the use if temporary operation is determined to be a typical characteristic of the proposed use or otherwise appropriate given unique circumstances of the proposed use.
(g) Subsequent to approval by the Building and Zoning Inspector or the BZA, and compliance with all applicable conditions of such approval and of this Zoning Code, the Building and Zoning Inspector shall issue a zoning certificate stating the conditional use and all conditions of its approval.
(h) Approval of a conditional use shall be void upon the occurrence of any or all of the following:
(1) The applicant fails to commence construction of the structure in which the approved conditional use is to be conducted within one (1) year of the date of approval;
(2) The applicant fails to commence the operation of the conditional use within six (6) months of the date of the approval, where such use is to be conducted in an existing structure; and/or
(3) The conditional use is operated in a manner which violates any condition of the approval.
(i) The Building and Zoning Inspector shall review all approved conditional use permit applications six (6) months after final action to determine if the approved use is in operation and otherwise in compliance with all conditions of approval. Upon such six (6) month review the Planning Zoning Administrator shall proceed in accordance with the circumstances outlined below:
(1) If the Building and Zoning Inspector finds the conditional use to be in operation and in compliance with the conditions of approval, the Building and Zoning Inspector shall notify the BZA of such compliance.
(2) If the Building and Zoning Inspector finds that construction has not begun, the Building and Zoning Inspector shall record that information for an additional six (6) month review, and shall notify the BZA of such inaction.
(3) If the Building and Zoning Inspector finds a use in an existing structure or building not to be in operation, the permit and zoning certificate shall be deemed revoked and the Building and Zoning Inspector shall notify the applicant of such revocation as well as the BZA. Upon such revocation, the applicant shall have the right to appeal that decision of the Building and Zoning Inspector to the BZA and request the BZA allow up to one (1) additional six (6) month period to begin operation following the administrative appeal procedure.
(j) Whenever the Building and Zoning Inspector determines that a conditional use is being operated in a manner that violates any condition of the use's approved permit, the permit and zoning certificate shall be considered revoked. The Building and Zoning Inspector shall notify the permit holder as such, who shall immediately discontinue operation of the use:
(1) If this determination is made in conjunction with the six (6) month review procedure for an approved permit, the Building and Zoning Inspector shall also notify the BZA. The applicant shall have the right to appeal this determination of the Building and Zoning Inspector to the BZA following the administrative appeal procedure. Upon appeal, the BZA shall (a) approve upholding the revocation, (b) overturn the revocation and reapprove the conditional use permit or (c) overturn the revocation and modify of the conditions of approval.
(2) If this determination is made at any other time, the Building and Zoning Inspector shall notify the BZA. The applicant shall have the right to appeal this determination of the Building and Zoning Inspector following the normal administrative appeal procedure. Upon appeal, the BZA shall have the power to uphold the revocation or reapprove the permit.
(k) If this determination is made in conjunction with the six (6) month review procedure for an approved permit, the Building and Zoning Inspector shall also notify the BZA. The applicant shall have the right to appeal this determination of the Building and Zoning Inspector to the BZA following the administrative appeal procedure. Upon appeal, the BZA shall (a) approve upholding the revocation, (b) overturn the revocation and reapprove the conditional use permit or (c) overturn the revocation and modify of the conditions of approval.
(l) The conditions of an approved conditional use permit may be amended upon request of the permit holder. Any amendment proceeding shall be conducted in accordance with the procedures, requirements, and standards applicable to review of a new conditional use permit.
(m) Subsequent to disapproval of an application for a conditional use permit, a period of at least one (1) year shall elapse before another application for the same conditional use at the location may be considered by the Building and Zoning Inspector or the BZA.
(n) Appeals of decisions of the Building and Zoning Inspector may be taken to the BZA pursuant to the procedures set forth under Section 1107.27 hereof. Appeals of decisions of the BZA may be taken to the Highland County Common Pleas Court as allowed by Ohio Revised Code Chapter 2506. (Ord. 32-2020. Passed 1-19-21.)
1107.21 SIMILAR USE DETERMINATION.
(a) The conditions of an approved conditional use permit may be amended upon request of the permit holder. Any amendment proceeding shall be conducted in accordance with the procedures, requirements, and standards applicable to review of a new conditional use permit.
(b) Subsequent to disapproval of an application for a conditional use permit, a period of at least one year shall elapse before another application for the same conditional use at the location may be considered by the Building and Zoning Inspector or the BZA.
(c) Appeals of decisions of the Building and Zoning Inspector may be taken to the BZA pursuant to the procedures set forth under Section 1107.27 hereof. Appeals of decisions of the BZA may be taken to the Highland County Common Pleas Court as allowed by Ohio Revised Code Chapter 2506.
(1) Such use is not listed in any other zone or district as a permitted use;
(2) Such use has characteristics and impacts consistent with those of one (1) or more of the permitted uses in the district; and such use has characteristics and impacts more consistent with those of the permitted uses of the zone or district than with the permitted uses of any other district;
(3) The establishment of such use in the zone or district will not significantly alter the nature of the district;
(4) Such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the zone or district; and
(5) Such use does not typically require site conditions or features, building bulk or mass, parking lots or spaces, or other requirements dissimilar from permitted uses; and the typical development of site and buildings for such use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, and other provisions of the zone or district.
(d) A similar use shall be heard by the BZA in accordance with the notice provisions applicable to a conditional use.
(e) Based upon the application of the foregoing factors, the BZA shall determine whether a proposed use should be or should not be determined to be a similar use for the district or zone. Appeals of any similar use determination shall be heard by Village Council in accordance with the appeals provisions set forth under Section 1107.27 hereof.
(f) Following the approval of any similar use determination, the Building and Zoning Inspector shall conduct the six (6) month review applicable to conditional uses and make such determinations and reports as provided for under this section.
(g) Within fourteen (14) days of the BZA's denial of a similar use determination, the applicant may file a written appeal with Village Council. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the BZA shall have waived such right to appeal, and the decision of the BZA shall become final.
(Ord. 32-2020. Passed 1-19-21.)
1107.23 SITE PLAN AND DESIGN REVIEW.
(a) Applicability. Except as otherwise provided herein or elsewhere in this Zoning Code, standard site plan and design review or major site plan and design review is required for all non-residential development in any district in accordance with the provisions contained herein. The Building and Zoning Inspector shall conduct standard site plan and design review and the Planning Commission shall conduct major site plan and design review, in each case, as provided below.
(b) Standard Site Plan and Design Review. Standard site plan and design review shall be required for any development, building addition, or site improvement, other than a fence or accessory structure under five thousand (5,000) square feet, that does not otherwise require major site plan and design review as described below.
(c) Standard Site Plan and Design Review-Application. An application for standard site plan and design plan review shall be submitted to the Building and Zoning Inspector and shall include the following information:
(1) A vicinity map showing the location of the proposed development in relationship to the surrounding area including major thoroughfares.
(2) A site plan illustrating the following:
i. The dimensions of property lines, parcel dimensions and adjoining rights-of-way.
ii. The names and addresses of all adjoining property within one hundred fifty feet (150 ft.) of the proposed development.
iii. The current zoning of the parcel and all adjacent parcels.
iv. The location of proposed buildings and structures.
v. The location of existing water bodies, streams, drainage ditches, stands of trees and other pertinent features within one hundred fifty feet (150) of the proposed development.
(3) A landscape plan that illustrates the applicable district requirements;
(4) A transportation and parking plan that addresses the applicable district requirements, including parking requirements;
(5) A lighting plan that addresses the applicable district requirements
(6) An architectural plan that addresses the applicable district design requirements; and
(7) Such other information as the Building and Zoning Inspector or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Building and Zoning Inspector an application form and as many copies of the required materials as may be required by the Building and Zoning Inspector or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the Village.
(d) Standard Site Plan and Design Review-Review and Approval or Denial. Any applicant requesting standard site plan and design review shall submit to the Building and Zoning Inspector an application form and as many copies of the required materials as the Building and Zoning Inspector may require. Within thirty (30) days of filing a complete application, the Building and Zoning Inspector shall act upon the application for standard site plan and design review based upon the applicable district regulations, and other applicable regulations, standards, and design guidelines of the Village. If the Building and Zoning Inspector determines that the proposed development complies with the applicable standards of the applicable districts, then, the Building and Zoning Inspector shall issue a zoning certificate. If the Building and Zoning Inspector determines that the proposed development does not comply with the applicable standards of the applicable district, then the Building and Zoning Inspector shall deny the application and state the reasons for such denial in writing.
(e) Major Site Plan and Design Review. Major site plan review shall be required for the following forms of development in any district:
(1) Any non-residential development, which involves more than five thousand (5000) square feet of structure or building;
(2) A development proposal which seeks to deviate from the district regulations applicable to the subject property, including but not limited to deviation from landscape requirements, lighting requirements and design elements;
(3) A development impacting or adjacent to an environmentally sensitive feature; or
(4) A development which in the professional opinion of the Building and Zoning Inspector, warrants public review.
(f) Major Site Plan and Design Review-Application. An application for major site plan and design review shall be submitted to the Building and Zoning Inspector and shall include the following information:
(1) All materials required for standard site plan and design review as set forth above;
(2) A basic utility plan;
(3) A plot-grade-utility plan shall be submitted to the City Manager for review and approval prior to issuance of a zoning certificate for any development that qualifies for site plan review. The City Manager shall have the power to require a plot-grade-utility plan for minor or residential site plans upon finding that the scale of the project's infrastructure warrants review by the Village. A plot-grade-utility plan shall only be approved subsequent to and in conformance with an approved site plan.
(4) Such other information as the Building and Zoning Inspector or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Building and Zoning Inspector an application form and as many copies of the required materials as may be required by the Building and Zoning Inspector or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the Village.
(g) Site Plan and Design Review-Conditions. In accordance with the site plan and design review procedures contained in this Section, the Building and Zoning Inspector or the Planning Commission, as applicable, may place such reasonable conditions on the approval of a site plan that may be required to address the standards for review set forth herein or are otherwise consistent with the purpose and intent of this Zoning Code.
(h) Approved Site Plan-Modifications. The City Manager or his or her designee, may approve such adjustments to an approved site plan as are required for engineering purposes such as proper function of utilities or to accommodate soil conditions. Such adjustments shall meet the following conditions:
(1) The adjustment is required in order to ensure the life-safety, proper function of the site utilities or building, or to comply with the regulations of a State or Federal agency;
(2) The adjustment is as de minimis as possible to correct the engineering issue;
(3) The adjustment does not increase the impervious surface on the subject property by more than one hundred (100) square feet as compared to the impervious surfaces contemplated on the approved site plan;
(4) The adjustment shall not be used to add any additional uses or tenants;
(5) The adjustment does not increase the number of curb cuts on a public street; and
(6) The adjustment does not violate any specific condition of the approved site plan.
(i) Approved Site Plan-Amendment. Any amendment to an approved site and design plan shall be considered by the applicable approving body based on the standards applicable to such amendment; provided however, any amendment that in the direction of the Building and Zoning Inspector constitutes a minor amendment may be reviewed and approved by the Building and Zoning Inspector even if such amendment pertains to a major site and design plan.
(j) Site Plan-Appeals. The BZA shall hear all appeals of individuals who are directly affected by a decision of the Planning Commission or Building and Zoning Inspector when such appeal is properly and timely filed as required by this Section. An applicant refused such certificate shall appeal in writing to the BZA within fifteen (15) days of the date of refusal by the applicable decision-making body. BZA shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request.
(Ord. 32-2020. Passed 1-19-21.)
1107.25 ZONING MAP (REZONING) AND TEXT AMENDMENTS.
(a) Ordinances or resolutions establishing, amending, revising, changing, or repealing zoning districts, uses, regulations, or other provisions of this Zoning Code shall be initiated by a member of Council.
(b) Any person having an interest in property in the Village may petition Village Council to initiate such ordinance or resolution by making an application to the Building and Zoning Inspector. The Building and Zoning Inspector shall review the application for compliance with the provisions of this Section and forward it to the Clerk of Council.
(c) The Planning Commission may recommend amendments, revisions, changes, or repeals of zoning districts, uses, regulations, or other provisions of this Zoning Code. When the Planning Commission makes an advisory recommendation to Village Council, the application requirements and fees shall not apply.
(d) When a person or persons having an interest in a lot or lots in the Village petitions Village Council for an amendment to the Zoning Code which involves changing the zoning district assigned to the lot(s), then such petition shall be made in the following form which shall be known as the development plan, unless such requirements are waived by Village Council:
(1) Correct legal description of the lot(s);
(2) The names and addresses of the owners of lot(s) contiguous or directly across the street from the subject lot(s);
(3) Existing topography at two-foot (2) contour intervals of the subject lot(s) and extending at least three hundred feet (300) outside of the proposed lot, including lot lines, easements, street rights- of-way, existing structures, trees and landscaping features thereon;
(4) The proposed vehicular and pedestrian traffic patterns;
(5) The location of all existing and all proposed structures;
(6) The proposed assignment of use and subdivision of land including private land and common land;
(7) Preliminary plans of all structure types;
(8) Deed restrictions and protective covenants;
(9) A schedule for construction;
(10) Traffic impact study;
(11) Utilities impact study;
(12) Drainage impact study; and
(13) Such other relevant information as Village Council may require to determine the propriety of initiating the ordinance for district change
(e) Subsequent to initiation by a member of Council of an ordinance or resolution establishing, amending, revising, changing, or repealing zoning districts, uses, regulations, or other provisions of this Zoning Code, the presiding officer of Council shall, immediately after the first reading of the ordinance or resolution, set a date for a public hearing before a joint meeting of Council and the Planning Commission, to be held not earlier than fifteen (15) days after the first reading.
(f) Immediately after the hearing, a copy of the ordinance or resolution establishing, amending, revising, changing, or repealing zoning districts, uses, regulations, or other provisions of this Zoning Code and, if applicable, the development plan, shall be referred to the Planning Commission. The Planning Commission shall recommend such conditions or amendments with respect to the ordinance or resolution and, if applicable, the development plan, as it deems reasonable and necessary. Within thirty (30) days of referral, the Planning Commission shall return to the Clerk of Council the written recommendations of a majority of the members of the Planning Commission.
(g) The Planning Commission and Village Council shall give consideration to the following standards in making recommendations and taking action with regard to proposed district changes:
(1) The compatibility of the proposed zoning district and the features of the proposed development plan with the characteristics of the site and of the surrounding areas;
(2) The potential impacts of the proposed uses of the district in terms of traffic, storm water, utility demand, noise, and other impacts;
(3) The impacts of the proposed district and development plan on the health, safety, welfare, and morals of the community; and
(4) The compatibility of the proposed district and development plan with a comprehensive plan, or any area plans, to surrounding zoning districts, and to existing and planned land uses.
(h) At the next meeting of Council subsequent to receiving the recommendations of the Commission, the ordinance or resolution shall be given its second reading.
(i) Council may adopt, deny, or adopt with modifications the recommendations of the Commission. A development plan, along with any conditions or amendments to the petition, shall, upon adoption by Council, become part of the district change and shall be deemed incorporated by reference into legislation amending the district. The development plan, conditions, and amendments shall bind any future development or use of the subject lots.
(j) A concurring vote of at least three fourths (¾) of the membership of Council shall be necessary to pass any zoning ordinance or resolution which differs from the written recommendations of the Planning Commission, but in no event shall an ordinance or resolution be considered as having passed unless it receives at least a majority vote of the members of Council.
(k) After a proposed district change is denied by Village Council, at least twelve (12) months shall elapse before another petition for a district change for the same lot(s) to the same district can be considered.
(l) A development plan may be amended following the same procedure and standards for approval of the original district amendment.
(m) The development plan as approved by Council, shall constitute an amendment of the official Zoning Map and a supplement to the Zoning Code as it applies to the land included in the approved district amendment. The approval shall be for a period of two (2) years to allow the approval of a zoning certificate and building permit, if required.
(n) If a zoning certificate or building permit is not acquired within the two (2) year period, the approval shall become void and the lot or parcel shall revert to its last previous zoning district applied.
(o) An extension of the time limit may be approved by the Planning Commission. Such approval shall be given upon a finding of evidence of reasonable effort toward the accomplishment of the original development plan within the time limit, and that such extension is not in conflict with the general health, safety and welfare of the public or the development standards of this Code.
(Ord. 32-2020. Passed 1-19-21.)
1107.27 APPEALS.
(a) Any person directly affected by a decision of the Building and Zoning Inspector or a notice or order issued under this Zoning Code shall have the right to appeal to the BZA, provided that a written application for appeal is filed within fourteen (14) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply.
(b) Unless otherwise provided in this Code, an applicant refused such approval, exception, certificate, or variance shall appeal in writing to Council within thirty (30) days of the date of refusal by the BZA. The Council shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request. A resolution stating the decision of Council shall be introduced and passed at the next regular meeting following the hearing.
(Ord. 32-2020. Passed 1-19-21.)
1107.29 VIOLATIONS AND REMEDIES.
(a) In the event of a violation of any provision of this Code, or imminent threat thereof, the Village, or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation. The Village may file for a judgment for damages if the violation is deemed to have caused damages to the Village.
(b) Unless otherwise provided in this Code, all zoning certificates, permits or other approvals granted by the Building and Zoning Inspector, Planning Commission or BZA, shall be valid for a period of one (1) year from date of approval by the BZA or date of issue by the Building and Zoning Inspector
(c) Once a building permit is secured, a zoning certificate, permit or other approval shall be considered to expire when that building permit expires.
(d) Within that period, that applicant must complete the following for the proposed improvement:
(1) If required, submit a subsequent zoning application;
(2) If required, secure a building permit; and
(3) If no other permits are required, construct the proposed improvement.
(e) Any application that is incomplete or otherwise un-issued by the Building and Zoning Inspector shall expire one (1) year from the date of application.
(f) One (1) additional period of six (6) months may be granted by the Building and Zoning Inspector upon finding that unique circumstances warrant the additional time and that the conditions upon which approval was granted have not changed.
(g) Any person, firm or corporation who violates any regulation, provision or amendment of this Code, or fails to obey any lawful order of the Building and Zoning Inspector, shall be fined not more than two hundred fifty dollars ($250.00). A separate offense shall be deemed committed for each and every day during or upon which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use occurs or continues.
(Ord. 32-2020. Passed 1-19-21.)
1107.31 ZONING ADMINISTRATION FEES.
Variance Application (per variance requested) | $125.00 per variance requested, but not to exceed a maximum fee of $1000.00 |
Conditional Use Permit Application | $75.00 |
Zoning Change Request Application | $125.00 |
Minor Lot Split Application | $75.00 |
Major Lot Split Application | $125.00 |
Application for Zoning Certificates | $50.00 |
(Ord. 18-2022. Passed 12-19-22.)