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Harrison City Zoning Code

CHAPTER 1147

Supplementary District Regulations

1147.01 GENERAL.

   The purpose of supplementary district regulations is to set specific conditions for various uses, classifications of uses, or areas wherein problems may occur in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.
(Ord. 26-18. Passed 7-17-18.)

1147.02 PRINCIPAL BUILDING PER LOT.

   No more than one (1) principal building or structure may be constructed upon any one (1) lot for the purposes of this Ordinance.
(Ord. 26-18. Passed 7-17-18.)

1147.03 CONVERSION OF DWELLING TO MORE UNITS.

   A residence may not be converted to accommodate an increased number of dwelling units unless all of the following items are satisfied and approved by permit:
   
   A.    The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
   B.    The lot area per family equals the lot area requirements for new structures in that district.
   C.    The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
   D.    The conversion is in compliance with all other relevant codes and Ordinances.
   E.    The district within which the residence is located is so regulated as to allow such increase in dwelling units.
      (Ord. 26-18. Passed 7-17-18.)

1147.04 EXISTING LOTS OF RECORD.

   Subject to approval by the Director of Zoning, any lot of record forty (40) feet or wider existing at the effective date of this Section in any R District which is pocketed by buildings existing on the two (2) lots adjoining at the side which are in different ownership, may be used for the erection or reconstruction of a single-family dwelling, even though its area and width are less than the minimum requirements set forth herein. Each side yard shall be a minimum of five (5) feet. Where two (2) adjoining lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require that the lots be combined and used for one (1) main building or use. In either case, the prevailing or required setback shall be met. Where three (3) or more contiguous unimproved lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require replatting to fewer lots to permit compliance with the minimum yard requirements.
(Ord. 26-18. Passed 7-17-18.)

1147.05 TEMPORARY BUILDINGS AND USES.

   The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a Temporary Zoning Certificate, an application for a Zoning Certificate shall be made to the Director of Zoning or his/her authorized representative at least twenty-one (21) days before the instigation of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use. The Zoning Certificate must be received prior to beginning the project.
   A.    The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
      1.    Real Estate Offices: Real estate sales offices which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one (1) year, except that two (2), six- (6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the Zoning Certificate, whichever occurs first.
      2.    Contractor's Offices and Storage Facilities: Temporary buildings, construction trailers, offices, equipment, and materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that one six- (6) month extension may be granted if construction is substantially underway. Suchuses shall be removed immediately upon completion of the construction or upon expiration of the Zoning Certificate, whichever occurs first.
      3.    Parking Areas: Temporary sales and services may be permitted within parking areas within any Business District. A Zoning Certificate valid for a period not to exceed seven (7) consecutive days shall only be issued three (3) times within any twelve (12) month period to any individual or organization. The application for the temporary Zoning Certificate, shall be accompanied by written permission of the property owners and shall be prominently displayed at the site. The Director of Zoning or his/her authorized representative shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than twenty-five percent (25%) of the required parking area.
      4.    Outdoor Art, Craft and Plant Shows, Exhibits and Sales: Temporary retail sales and. services, such as the sales of plants, flowers, arts and crafts, farm produce, food trucks or similar items, may be permitted as a business or community event only provided it is not located in a right of way or so as to obstruct the visibility at intersections defined in Section 1147.10B. A Zoning Certificate valid for a period not to exceed three (3) consecutive days shall only be issued three (3) separate times for any particular lot within any twelve (12) month period, and not more than one permit may be issued at the same time for any lot. The applicant must
submit a current vendor's license or transient vendor's license and a written statement from the propetiy owner giving his or her permission for such use. This Section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any event, the Zoning Cetiificate shall be prominently displayed at the site.
      5.    Christmas Tree Sales: Christmas tree sales are permitted in any Business District. With BZA approval, Christmas tree sales shall be allowed if conducted by a not-for-profit religious, philanthropic or civic group or organization on property owned or leased by such group or organization, in any Residential District. Such use shall be limited to a period not to exceed fifty (50) days. Display of Christmas trees need not comply with the yard requirements of this Ordinance, except that no tree shall be displayed in a right of way or so as to obstruct the visibility at intersections defined in Section 1147.10B.
      6.    Tents: Tents are permitted in all districts in connection with any permitted, accessory or temporary use. No tent shall be allowed to remain for a period of more than two (2) days longer than the use with which it is associated or, in the absence of any such period, ten (10) days. Unless waived in writing by the Zoning Director, every tent shall comply with the bulk and yard requirements of the District in which it is located.
      7.    Except as authorized in Section 1147.05, temporary buildings or other temporary facilities are strictly prohibited. This prohibition includes, but is not limited to, the use of trailers of any description as a building or storage facility.
   B.    Written application for a Temporary Zoning Certificate shall be made to the Director of Zoning or his/her authorized representative. The application shall include:
   
      1.    The address of the property and the name, email address, and telephone number of the owner and occupant of the property.
      2.    A description of the business' temporary use sought to be carried on.
      3.    The number and names of persons to be involved in the business.
      4.    Additional information that may be required by the Zoning Director.
      5.    Duration of use.
      6.    Such permit shall be revocable, nonrenewable, and limited to twelve (12) months duration.
         (Ord. 26-18. Passed 7-17-18.)

1147.06 REGULATION OF ACCESSORY USES AND BUILDINGS.

   It is the purpose of Section 1147.06, inclusive of this Ordinance, to regulate accessory uses in order to promote the public health, safety and welfare. It is the intent of this Section to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties. This Section shall apply to the location and maintenance of accessory uses as herein defined. A Zoning Certificate is required.
   A.    General Requirements.
Except as otherwise provided in this Ordinance, an accessory use or structure shall be permitted in association with a principal use or structure provided that:
      1.    The accessory use or structure shall be located on the same lot as the main or principal building, except for off-street parking facilities which may be located elsewhere.
      2.    The accessory use or structure shall not contain or be used as a dwelling unit.
      3.    No detached accessory structure shall exceed 900 sf or the size of the principle structure.The accessory use or structure shall not be more than thirty percent (30%) of lot area. Any floor area covered by a breezeway of a connected accessory building shall be included in this computation. Accessory uses that exceed thirty percent (30%) of a lot area may be appealed to the Board of Zoning Appeals.
      4.    An attached accessory use or structure shall not exceed the height or size of the principal building. Detached accessory uses shall not exceed fourteen (14) feet in residential districts and twenty-five (25) feet for commercial districts.
      5.    It shall meet all yard requirements of the principal use, except as modified in Section 1143.12.
      6.    Except as otherwise provided in this chapter, a detached accessory building or structure located in the rear yard shall be set back at least five feet (5') from the side and rear lot lines.
      7.    Any accessory building or structure not located in the rear yard shall be an integral part or connected with the principal building to which it is accessory. It shall be placed so as to meet side and front yard requirements for the principal building.
      8.    No detached accessory buildings or structures shall be located in any front or side yard except under unusual circumstances where such activity shall not conflict with the intent and purpose of this Ordinance; or, where enforcement shall result in extreme hardship. Either exception shall require approval of the Director of Zoning or his/her authorized representative and the Board of Zoning Appeals.
   B.    Zoning Certificate.
      1.    Unless specially exempted, all accessory uses, buildings and structures shall require a Zoning Certificate along with payment of applicable fee(s) at the time of application.
      2.    Accessory uses, buildings, or structures for a conditional use or certified nonconforming use require approval by the Board of Zoning Appeals.
   C.    Retail Sales and Services as an Accessory Use.
Retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students or visitors, and not for the general retail public. In hospitals and clinics these accessory uses may include drug stores, florists, gift and book shops, and cafeteria institutional settings; in office buildings, hotels, country club houses, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, and beauty and barber shops.
   D.    Accessory Buildings Used for Storage.
Accessory buildings used for storage shall not include the use of temporary structures including tents, trailers, mobile homes, auto or truck bodies, beds, boxes, POD containers, trailers, truck caps and campers or railroad cars, whether affixed to a permanent foundation or not. Accessory buildings used for storage shall otherwise meet all other zoning setbacks, height, area, and percent of lot coverage requirements for the particular use or district in which located, and shall be maintained in good condition.
   E.   Open/Outside Storage.
Open or outside storage and display of material, merchandise and/or motor vehicles and equipment incidental to permitted or conditional uses shall be permitted subject to locational limitations, height limitations, and effective visual screening, including height type and material, as determined and/or specified by the Director of Zoning or his/her authorized representative after consultation with the Director of Building, Said screening to be no less than six feet (6') in height, shall be maintained in good condition and free of advertising and signs, and shall meet the requirements of Chapter 1167.
   F.    OPEN STORAGE AND PARKING PROHIBITED.
      A.    Boats, tractors, trailers, recreation vehicles or other equipment, tools, building materials, and supplies-commercial or residential-may not be parked and/or stored on a residential lot or public street unless they are parked and/or stored in an enclosed structure; however, boats, trailers and recreational vehicles of twenty-four (24) feet or less in length may be parked and/or stored per Section 1147.14.
      B.    Fire places/pits, firewood, grills, patio furniture, play toys, trampolines, hot tubs, and similar items are not permitted in front or side yards and are allowed to be stored in garages or the rear yard only.
         (Ord. 26-18. Passed 7-17-18.)

1147.07 PERMITTED OR CONDITIONALLY PERMITTED ACCESSORY USES, BUILDINGS, AND STRUCTURES.

   A.    Accessory uses, buildings or structures normally incidental or subordinate to the main or principal use of the land or building shall be permitted or conditionally permitted in any district in accordance with the regulations of this chapter and the provisions of this Ordinance.
      1.    Garages subject to the provisions of Section 1147.06.
      2.    Storage buildings subject to the provisions of Sections 1147.05 and 1147.06.
      3.    Patios, decks, porches, carports, awnings, canopies subject to the provisions of Sections 1147.06 and 1147.10.
      4.    Swimming pools, and tennis courts subject to the provisions of Section 1147.32.
      5.    Fences, walls, or similar screening devices subject to the provisions of Section 1147.16.
      6.    Satellite dish antennas subject to the provisions of Section 1147.30.
      7.    Flag poles, radio antennas and similar structures subject to the provisions of Section 1147.06.
      8.    Home occupations subject to the provisions of Section 1147.24.
      9.    Sales: Basement, Garage, Porch, Yard, Moving, Estate, Auctions, etc. subject to the provisions of Section 1147.23.
      10.    Temporary buildings, structures, and uses subject to the provisions of Section 1147.05.
      11.    Hedges or other plants subject to the provisions of Section 1147.17.
      12.    Similar accessory uses, buildings and structures not specified above may be permitted by the Director of Zoning or his/her authorized representative or the Board of Zoning Appeals, as applicable, subject to provisions established by said Director or Board of Zoning Appeals.
         (Ord. 26-18. Passed 7-17-18.)

1147.08 ACCESSORY USES NOT PERMITTED.

   A.    Accessory buildings may not be used for dwelling purposes.
   B.    Raising of farm animals.
   C.    Basketball backstops, goals or other athletic equipment or devices in the public rights-of-way, encroaching onto, over or obstructing a public roadway or pedestrian walkway.
   D.    Donation drop off containers.
      (Ord. 6-22. Passed 5-17-22.)

1147.09 REDUCTION OF AREA OR SPACE.

   No lot, yard, parking area, or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area, or other space less than the minimum required by this Ordinance. However, nothing in this Section shall be interpreted to limit the power of the Board of Zoning Appeals in the granting of variances under this Ordinance.
(Ord. 26-18. Passed 7-17-18.)

1147.10 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.

   In addition to all yard regulations specified in Section 1143.12 and in other Sections of this Ordinance, the provisions of Section 1147.10, inclusive, shall be used for interpretation and clarification.
   A.    Setback Requirements for Corner Buildings.
         On a corner lot, the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located (refer to Illustration A). The principal building shall have two (2) front yards and two (2) side yards.
 
   B.    Visibility at Intersections.
On a corner lot at the intersection of two (2) alleys, or at the intersection of an alley and a street within any district, nothing shall be installed, erected, placed, planted, or allowed to grow in such manner as to impede vision materially between a height of two and a half feet (2-1/2) and ten feet (10') above the center line grades of the intersecting alleys or of the intersecting alley and street in the area bounded by the right-of-way lines of such corner lots and a line joining points along said alley lines, or alley and street lines fifty feet (50') from the point of intersection (refer to Illustration B).
 
   C.    Yard Requirements for Multiple-Family Dwellings.
Group or multiple-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot. Yards abutting residential districts shall meet the requirements of Section 1147.10D.
   D.    Side and Rear Yard Requirements for Non-Residential Uses Abutting Residential Districts.
      1.   Non-residential buildings or uses shall not be located nor conducted closer than the minimums established in Section 1143.12F. to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Planning Commission.
      2.   Such screening shall be a masonry or solid fence between four (4') and six (6') feet in height, maintained in good condition, and free of all advertising or other signs.
      3.   Landscaping shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet ( 4') in height at the time of planting. Either type of screening shall not obstruct traffic visibility within fifty feet (50') of an intersection.
      4.    The Director of Zoning or his/her authorized representative or designee shall make periodic inspections and the owner shall be responsible for maintenance of screening/landscaping.
   E.    Exceptions to Height Regulations.
      1.    The height limitations contained in Section 1143.12 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
      2.    No structure shall be constructed in excess of the height that can be safely protected by all available firefighting equipment except where in-structure fire protection is provided.
         (Ord. 26-18. Passed 7-17-18.)

1147.11 PROJECTIONS INTO YARDS.

   A projection is that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as follows:
   (a)    Architectural Feature. A belt course, balcony, cornice, gutter or chimney may project into a front and side yard for a distance of two (2) feet.
   (b)    Entrance Feature. An open platform, landing, steps, terrace or other feature not extending above the first floor level of a building may extend six (6) feet into a front yard and three (3) feet into a side yard.
   (c)    Enclosed Shelters. An enclosed (including screens) entry or porch shall not project into any required yard area.
   (d)    Unenclosed Shelters. An entrance hood or open but roofed porch may project six (6) feet into a front yard and three (3) feet into a side yard.
      (Ord. 26-18. Passed 7-17-18.)

1147.12 CONSTRUCTION IN EASEMENTS.

   Easements for installation, operation, and maintenance of utilities and drainage facilities are reserved as shown on each plat when recorded or otherwise established. Within these easements, no permanent building or structure shall be placed or permitted which will damage or interfere with the installation, operation, and maintenance of such utilities, or which may change the normal direction of flow or drainage channels within the easement. The easement area of each lot and any improvements within it, shall be maintained continuously by the owner of the lot, except for those improvements for which public authority or a utility is responsible.
(Ord. 26-18. Passed 7-17-18.)

1147.13 SETBACK FROM PUBLICLY ESTABLISHED DRAINAGE DITCHES.

   In all districts a setback of twenty feet (20') from the top of the bank, measured at right angles thereto, shall be provided for all buildings or structures erected along such ditch. Wherever practical, the area so used shall be on one (1) side of the ditch only; however, this dimension may be increased by the Planning Commission if the circumstances indicate that the equipment to maintain such drainage course would require a greater width in which to operate (ORC 6137.12).
(Ord. 26-18. Passed 7-17-18.)

1147.14 PARKING AND STORAGE OF VEHICLES AND TRAILERS.

   A.   No commercial vehicle with a net capacity rating in excess of two and one half (2-1/2) tons, including commercial truck tractors, buses, boats, recreational vehicles, transport trailers and semi-trailers shall be parked or stored on any property within a residential zoning district other than in a completely enclosed building. Those commercial vehicles conveying the necessary tools, materials and equipment to a premises where labor using such tools, materials and equipment is to be performed during the actual time of parking are exempt.
   B.   Automotive vehicles or trailers of any type without current license plates shall not be parked or stored on any residential property other than in a completely enclosed building.
   C.   A maximum of one (1) boat and/or one (1) recreational vehicle, camper, or transport trailer may be stored in the rear yard or side yard only of any residentially zoned property if it has a current license and it is behind the front setback of the home. All parked or stored vehicles shall be parked or stored on an approved paved surface per Section 1159.09D of this ordinance. Those wishing to store or park their vehicles on an unpaved surface can only obtain permission through a conditional use permit approval.
   D.   No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with the provisions of the Traffic Code or while obeying the directions of a police officer or traffic control device, on a sidewalk, curb, or street lawn area, except a bicycle.
   E.   “Parking, parked or park” means the stationary placement of any vehicle within a public right-of-way or a private driveway for a continuous period under forty-eight (48) hours. No vehicle may be parked in a public right-of-way or driveway for more than two (2) forty-eight (48) hour periods within thirty (30) continuous days.
   F.   “Storing, stored, store” means the stationary placement of any vehicle for a continuous period over forty-eight (48) hours.
   G.   “Residential vehicle” means any motor vehicle, including a truck, which shall not exceed any of the following dimensions, seven feet ten inches (7'-10") in height, twenty-four feet (24') in length or eight feet (8') in width. Vehicles exceeding these limits may not be parked or stored on residential property.
      (Ord. 6-22. Passed 5-17-22.)

1147.15 LONG-TERM PARKING FACILITIES FOR ALL TYPES OF VEHICLES.

   In addition to complying with all other provisions of this Ordinance, the applicant shall comply with the following conditions, whether or not the long-term parking facility is an accessory use or primary use of a lot:
   A.    No boundary of the proposed parking area is within fifty feet (50') of a residential district boundary.
   B.    The proposed parking area will not prevent access to adjacent properties by fire safety equipment.
   C.    The proposed parking area will be screened in such a manner that the vehicles thereon parked will not be visible from the ground level of any adjacent residential properties, and shall comply with Section 1159.09.
   D.    Fencing and lighting of the facility will be sufficient to provide for its reasonable security and shall not be a nuisance to any surrounding residential use or district.
   E.    No service work, maintenance work, repair work, painting work, or other vehicular work shall take place on the premises.
      (Ord. 26-18. Passed 7-17-18.)

1147.16 FENCES AND WALLS.

   A.    Supporting members for walls, screenings and fences shall be installed so as not to be visible from any other property which adjoins or faces the fences or walls being installed. This regulation shall not apply to fences or walls which are designed so that the supporting members are identical in appearance on both sides of the fence or wall such as shadow box fences. Back-to-back fences are not permitted unless there is a separation of thirty (30) inches or more.
      (Ord. 38-18. Passed 11-20-18.)
   B.    Maintenance: Fences shall be kept in proper repair and maintained so as not to create conditions which endanger the health, comfort, or safety of the public.
   C.    Permits: No fence or wall shall be erected or constructed until a fence permit has been issued by the Director of Zoning or his/her authorized representative who shall review each request to determine its compliance with this Chapter. Each property owner shall determine property lines and ascertain that the fence or wall does not encroach upon another lot or parcel of land.
   D.    Variances: Any deviation from this Ordinance must be approved by the Board of Zoning Appeals under the provisions of Chapter 1179. The Board of Zoning Appeals shall consider, in ruling upon such request, the criteria referred to in Section 1179.02.
   E.    Front Yards: No fence, wall, hedge, or planting shall be located in a front yard except hedges or other plantings along the side lot line not exceeding thitiy-six inches (36") in height may be located in any front yard subject to the traffic visibility requirements at corner lots (see Section 1147.10B.).
   F.    Rear and Side Yards: A fence or other screening device may be located in any rear or side yard provided it is no more than six (6) feet in height; and less than twelve (12) feet in height for any fence or hedge surrounding a tennis court.
      (Ord. 26-18. Passed 7-17-18.)
   G.    Security Fences: A fence (open or solid to any degree) or wall of any height may be erected along a side or rear lot line or buffer area line upon approval of the Planning Commission if necessary for the preservation of the public peace, health, safety or general welfare or the protection of residential and commercial uses. Exception: outside commercial seating or recreational enclosures as approved by the Building and Zoning Department.
      (Ord. 38-18. Passed 11-20-18.)
   H.    Fence Construction: No barbed wire, other sharp pointed material, or electrically charged material shall be used in the construction of fences. In potentially hazardous or other high risk areas such materials may be permitted by the Board of Zoning Appeals.
      1.    Fences or walls whether intended primarily for protection from trespassers, for visual barriers, or for windbreak purposes must be made from durable materials, permanently and securely anchored into place.
   I.    Other Permissible Locations: Provided it is set back at least twenty (20) feet of a corner lot line so as not to interfere with traffic visibility, fences and hedges. may be erected on public or semipublic areas, on school grounds or in industrial districts.
      (Ord. 26-18. Passed 7-17-18.)

1147.17 SHRUBBERY AND HEDGES.

   No shrubbery or hedge shall be planted beyond the property lines. The owner or occupant of property on which there is shrubbery, hedges, or trees so located as to affect the vision of drivers on the public streets shall keep shrubbery and hedges trimmed to a maximum of thirty-six inches (36") in height and keep trees trimmed in order to avoid creating traffic hazards.
(Ord. 26-18. Passed 7-17-18.)

1147.18 ADULT BUSINESSES.

   In addition to complying with all regulations within the district where they are located, all sexually oriented business shall comply with Chapter 737 and the following criteria:
   A.    No sexually oriented business shall be permitted in a location which is within one thousand feet (1,000') of the lot line of another adult entertainment business.
   B.    No sexually oriented business shall be permitted in a location which is within one thousand feet (1,000') of the lot line for any church, any public or private school, any park, any playground, or any social services facility or neighborhood center.
   C.    No sexually oriented business shall be permitted in a location which is within one thousand feet (1,000') of the lot line for any residence or boundary of any residential district. (Ord. 26-18. Passed 7-17-18.)

1147.19 ADULT GROUP HOMES.

   In addition to all other applicable provisions of this Ordinance, Adult Group Homes shall comply with the following criteria.
   A.    Evidence is presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency.
   B.    Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy.
   C.    No such facility may be located within six hundred feet (600') of another such facility.
   D.    The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
   E.    Such facility shall be reasonably accessible by virtue of its location or transportation provided by the applicant to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
   F.    The applicant shall provide a plan to the Director of Zoning or his/her authorized representative, indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
   G.    The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant to the Planning Commission.
      (Ord. 26-18. Passed 7-17-18.)

1147.20 AMUSEMENT ARCADES.

   Amusement arcades shall comply with the following in addition to all other regulations that apply in this Ordinance and the Codified Ordinances of the City of Harrison:
   A.    An adult who is eighteen (18) years of age or over shall supervise the amusement arcade at all times during its hours of operation.
   B.    It shall be the obligation of the exhibitor of an amusement arcade to maintain peace and quiet and order in and about the premises. Failure to do so shall constitute a nuisance.
   C.    Coin operated amusement machines shall be placed at least two feet (2') apart and have four feet (4') of free space in front of the machine separate and apart from walking aisles.
   D.    If the place of business or premises for which an amusement arcade is proposed is a freestanding building, an exterior lighting plan must be approved by the Board of Zoning Appeals.
   E.    In establishments which serve alcoholic beverages, any area containing amusement devices shall be visually separated from that portion or portions of the establishment wherein alcoholic beverages are served or sold for carrying out of the premises.
   F.    No amusement arcade may be established, operated, or maintained in any place of business or on any premises which is within five hundred feet (500') of any adult entertainment business or within one thousand feet (1,000') of a school.
   G.    The applicant shall be required to file a copy of a license to operate and exhibit amusement devices and a notarized statement that the applicant shall not permit any school-aged person sixteen (16) years of age or younger to operate any devices on the premises between the hours of 8:00p.m. and 6:00a.m., unless accompanied by a parent or legal guardian.
      (Ord. 26-18. Passed 7-17-18.)

1147.21 CHILD DAY CARE CENTER OR HOME.

   A.    Child Care Centers With More Than Twelve (12) Children in Attendance.
Child care centers with an average daily attendance of more than twelve (12) children are subject to the following regulations:
      1.    The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
      2.    Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
   B.    Child Day Care Home.
      
      1.    Home operated child care (Type B) with an average daily attendance of five (5) children or less are allowed in any residential district. No Zoning Certificate is required for this type of child care.
      2.    Home operated child care (Type A) with between six (6) and twelve (12) children in average daily attendance may be allowed in a residential district by conditional use. The petitioner shall be required to obtain a Zoning Certificate by proving that he or she has complied with all applicable state laws, and copies of the State permits shall be filed with the Director of Zoning or his/her authorized representative. The Zoning Certificate will expire on a yearly basis. The Zoning Certificate shall be renewed by the Director of Zoning or his/her authorized representative with proof that the petitioner has complied with all applicable State laws governing child care centers.
   C.    Review of Child Care Centers and Homes.
      Review of a child care center shall include, but is not limited to:
      1.    Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
      2.    Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
      3.    Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
      4.    Compliance with all State laws, ordinances, and regulations pertaining thereto.
   The application will be reviewed by the Director of Zoning or his/her authorized representative who has the power to grant or deny the permit. If the Director of Zoning or his/her authorized representative denies the permit, the petitioner may appeal to the Board of Zoning Appeals for reconsideration of issuance of the permit.
(Ord. 26-18. Passed 7-17-18.)

1147.22 FIRE HAZARDS.

   Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material as determined by the City fire inspector. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(Ord. 26-18. Passed 7-17-18.)

1147.23 SALES: BASEMENT, GARAGE, PORCH, YARD, MOVING, ESTATE, AUCTIONS; PUBLIC HEARINGS, AND OTHERS.

   Garage sales are permitted in any residential district and are subject to the Codified Ordinances of the City of Harrison and the following conditions:
   A.    Basement, Garage, Porch, or Yard Sales; Moving or Estate Sales and Auctions.
Temporary basement, garage, porch or yard sales may be permitted subject to the following provisions:
      1.    An approved permit must be obtained from the Building and Zoning Department or his/her authorized representative or designee at least three (3) days before said sale is to take place. This permit shall be free of charge.
      2.    Upon registration, the sale shall only be permitted at the one (1) location for a period not to exceed three (3) consecutive days.
      3.    Not more than two (2) such sales at the same location will be permitted in any one (1) calendar year and not more frequently than one (1) in any month.
      4.    Such sales are permitted between the hours of 8:00 a.m. and 9:00 p.m.
      5.    No signs may be posted except on private property advising the public of such sale, and all signs must be removed within twenty-four (24) hours after the termination of the sale.
      6.    A legally permitted sale is limited to one sign, not greater than four square feet (4 s.f.) in size, which is located on the sale premises for a time period of five (5) consecutive days. Such signs shall not be located in a public right-of-way. Sale signs conforming to the above requirements do not require a sign permit. Signs that do not conform to the above requirements are subject to penalty and fine according to Sections 1175.16 and/or 1175.99.
      7.    All items displayed for sale must be displayed on the premises at the location stated on the registration permit form.
      8.    Moving or estate sales or auctions shall be subject to the same provisions governing basement, garage, porch, or yard sales, unless otherwise specified by the Director of Zoning and/or designee.
         (Ord. 26-18. Passed 7-17-18.)

1147.24 HOME OCCUPATIONS.

   Home Occupations shall require a permit and shall comply with all of the following regulations:
   A.    There shall be no more than one (1) nonresidential employee or volunteer to be engaged in the proposed use.
   B.    Sales of commodities not produced on the premises may be permitted, provided that the commodities are specified in the application and are reasonably related to the home occupation.
   C.    Not more than twenty percent (20%) of the gross floor area of any residence or two hundred and fifty (250) square feet, whichever is larger shall be devoted to the proposed home occupation.
   D.    The external appearance of the structure in which the use is to be conducted shall not be altered and not more than one (1) sign no larger than two square feet (2 sf.) shall be mounted flush to the wall of the structure.
   E.    Minor alterations (non-structural) may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction without a Building Permit.
   F.    No equipment, process, materials, or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
   G.    No more than two (2) additional parking places which shall not be located in a required front yard may be proposed in conjunction with the home occupation.
   H.    The home occupation permit shall expire in the event of change in ownership of the property at the location for which it was issued, or any change in location of the original home occupation.
      (Ord. 26-18. Passed 7-17-18.)

1147.25 RUBBISH AND DEBRIS.

   Also refer to Chapter 717 in the Codified Ordinances of the City of Harrison.
   A.    The accumulation or storage of rubbish, junk motor vehicles (as defined under ORC 4513.65), disabled or inoperative machinery or equipment, vehicles or machinery parts, rags, or any other discarded objects or debris defined in this Ordinance shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents.
   B.    No person shall permit rubbish and debris to accumulate on land owned or occupied or to blow or spill over onto the property of another.
   C.    Uncontrolled accumulation of litter is a nuisance and is subject to abatement by the City or owners of surrounding land.
      (Ord. 26-18. Passed 7-17-18.)

1147.26 MINERAL, CLAY, SAND, GRAVEL, AND TOPSOIL EXTRACTION, STORAGE, AND PROCESSING.

   A.    Conditions Governing Mineral Extraction
Excavation, stripping, quarrying, and processing operations employed in the extraction of minerals, clay, sand, gravel, and topsoil shall be conducted in such a manner as to eliminate as far as practicable noise, vibration, or dust which would injure or annoy persons living or working in the vicinity of the operations. Access ways or roads within the premises shall be maintained in a dust free condition through surfacing or such other treatment as may be necessary. Performance Requirements of this Zoning Ordinance shall be met.
   B.    Location.
Excavation for extraction purposes shall be located at least one hundred (100) feet from a street right-of-way line and the property lines bounding the extraction area. Stripping of topsoil shall not be conducted closer than one hundred (100) feet to any residential property or district. Plants or equipment for processing of extracted materials or other approved operations shall not be located nearer than five hundred (500) feet to the boundary of the land included in an area approved for extraction purposes in any other district.
   C.    Rehabilitation Plan.
Extraction shall be permitted only from areas for which there is a Rehabilitation Plan approved by the Council. Rehabilitation Plans shall include the following:
      1.    A grading plan showing existing contours for the extraction area and proposed future contours showing the manner in which the area is to be restored. Plans shall be drawn to an appropriate scale with contour lines at intervals of five (5) feet or less.
         a)    Existing and proposed drainage of the area.
         b)    Details of regrading and revegetation of the site during and at completion of operations.
      2.    Required Rehabilitation
The following requirements shall be met in the Rehabilitation Plan:
         a)    The banks of all extraction, when not back-filled shall be sloped at a grade of not less than two (2) feet horizontal to one (1) foot vertical. The slope shall be maintained twenty (20) feet beyond the water line if such exists.
         b)    Spoil banks shall be graded to a level compatible with the terrain.
      
         c)    All banks and extracted areas shall be surfaced with a suitable soil cover, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses, and maintained until soil is stabilized.
         d)    Upon completion of extraction operations the area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion.
         e)    All equipment, buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible, shall be removed within three (3) months of the completion of extraction operations.
            (Ord. 26-18. Passed 7-17-18.)

1147.27 NOISE.

   No person shall operate or use any machine, equipment, or mechanical device on a lot except for agricultural purposes so as to create any noise which would cause the noise level, measured at the lot line of the lot affected by the noise emission, to exceed the applicable fixed noise level set forth in this Section. If the measurement location is on a boundary between two (2) zoning districts, the lower noise level shall apply.
   A.    Noise limits shall not exceed the following:
      1.    In Zoning District R-1, R-3, R-4, PUD-RES: 80 decibels from 7:00 a.m. to 8:59 p.m. and 65 decibels from 9:00 p.m. to 6:59 a.m.
      2.    In Zoning District B-1, B-4, DRD, PUD-BUS: 85 decibels from 7:00 a.m. to 8:59 p.m. and 80 decibels from 9:00 p.m. to 6:59 a.m.
      3.    In Zoning Districts M-1 & M-2: 85 decibels at any time of day
   B.    Provisions of Section 1147.27 shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 75 dbA when measured at the lot line of the lot on which it is located.
   C.    NOISES AT NIGHT: Between the hours of 10:00 p.m. and 7:00 a.m., no person shall, within 1,000 feet of any residentially zoned property, operate or use any power-driven construction equipment or other apparatus or tools, which make loud or unusual noise, except by special written permission from the Building Official.
      (Ord. 26-18. Passed 7-17-18.)

1147.28 OFFENSIVE, NOXIOUS, OR DANGEROUS USES, PRACTICES OR CONDITIONS.

   No land or building in any district shall be occupied or used in any manner which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises; except that any use permitted by this Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this Section, are properly exercised. Specifically, the occupation or use of land or building in any district shall register with the local fire department, comply with its regulations, and shall be in violation of this Ordinance if one (1) or more of the following conditions are found to exist at any time:
   A.    The use or storage of flammable or explosive materials if not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities.
   B.    Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved.
   C.    Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency.
   D.    Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency.
   E.    Vibration discernible by the Director of Zoning or his/her authorized ·representative without instruments is present on adjoining lot or property.
   F.    Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district,
   G.    Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property.
   H.    Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.
   I.    Activity emitting electrical current or radio wave which adversely affects the operation of any equipment other than that of the operator.
      (Ord. 26-18. Passed 7-17-18.)

1147.29 REQUIRED REFUSE COLLECTION AREAS.

   The refuse collection areas provided by all business, industrial, and multi-family residential uses for the collection of trash, garbage, and other refuse, shall be enclosed on three (3) sides by a solid wall or fence of at least six feet (6') in height, unless within an enclosed building or structure. Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as detennined necessary by the Director of Zoning or his/her authorized representative. In addition, the following requirements shall be met:
   A.    The storage of hazardous or toxic materials or wastes shall not be permitted without documented approval of the Ohio Environmental Protection Agency.
   B.    Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard or which may attract rodents or insects shall be stored only in closed containers constructed of impervious materials.
   C.    Refuse storage containers, grills, fire pits and other items shall be stored in garages, or if outdoors may be screened with screening/fencing materials. The general guideline for installing a screen or fence is to strongly secure the wooden or plastic enclosure (of one color that compliments the house) into the ground and not attach it to the home. The screen/fencing should be placed around items to conceal the fronts, sides and tops of the items from the street view and the view from neighbors' front yards/driveways. A permit is not needed for this type of screening. Homeowners who choose to store their items outdoors without installing a screen/fence may do so as long as the items are: a) behind the rear of the home; b) along the side of the house and behind the air conditioning unit; c) along the side of the house and behind a garage/fire place/family room bump out; d) in an enclosed storage bin; or e) behind landscape plantings tall enough to block view of the fronts, sides and tops of the items just as a screen/fence would. Trash containers may not be placed outside for pick up any earlier than 5:00 p.m. the day before trash service, and must be removed for storage no later than 9:00 p.m. the day of trash service. Residents with property site/design issues, or personal physical conditions causing hardships in meeting the guidelines, may contact the Building Department at 513-202-8492 to discuss alternatives. (Ord. 14-19. Passed 8-6-19.)

1147.30 SATELLITE DISH ANTENNAS.

   Section 1147.30 inclusive, shall set forth regulations regarding satellite dish antennas.
   A.    Ground-Mounted Satellite Dish Antennas.
Ground-mounted satellite dish antennas are considered as accessory structures and are permitted as accessory uses in all districts. However, the applicant shall be required to obtain a permit from the Director of Zoning or his/her authorized representative before constructing a ground mounted satellite dish or any accompanying structures. In addition to the provisions of this Ordinance pertaining to accessory structures, the following provisions shall apply to ground-mounted satellite dishes:
      1.    The maximum diameter of any ground-mounted satellite dish shall not exceed ten feet (10'), eighteen inches (18") in single family residential zones.
      2.    The maximum height of any ground-mounted satellite dish shall not exceed twelve feet (12') above the finished grade.
      3.    The apparatus shall not be located in a side yard or front yard unless reception is not possible by placement of the satellite dish elsewhere on the property and the satellite itself is either:
         a.    One meter or less in diameter and direct-to-home satellite services are to be provided, or
         b.    Two meters or less in diameter and located in commercial or industrial areas.
      4.    The apparatus shall be set back a minimum of six feet (6') from the side and rear yard line unless reception is not possible by placement of the satellite dish elsewhere on the property and the satellite itself is either:
         a.    One meter or less in diameter and direct-to-home satellite services are to be provided, or
         b.    Two meters or less in diameter and located in commercial or industrial areas.
      5.    The apparatus shall not be linked, electronically or physically, to any receiver which is not located on the same lot.
      6.    Any driving motor shall be limited to one hundred ten (110) volt maximum power and shall be encased in a protective guard.
      7.    All wiring between the apparatus and any other structure shall be placed underground in approved conduit.
      8.    All wiring and grounding of the apparatus shall be in accordance with the National Electrical Code.
      9.    The apparatus shall be anchored in a base sufficient to safely support the unit and shall be bonded to an approved eight foot (8') grounding rod.
   B.    Roof-Mounted Satellite Dish Antennas.
Roof-mounted satellite dish antennas are considered as accessory structures, and are permitted as accessory uses in all districts. However, the applicant shall be required to obtain a permit from the Director of Zoning or his/her authorized representative before constructing a roof mounted satellite dish. In addition to the provisions of this Ordinance pertaining to accessory structures, the following provisions shall apply to roof-mounted satellite dishes:
      1.    The maximum diameter of any roof-mounted satellite dish shall not exceed three feet (3').
      2.    The height of any roof-mounted satellite dish shall not exceed the roof height of the building upon which it is mounted by more than four feet (4') unless reception is not possible by placement of the satellite dish elsewhere on the property and the satellite itself is either:
         a.    One meter or less in diameter and direct-to-home satellite services are to be provided, or
         b.    Two meters or less in diameter and located in commercial or industrial areas.
      3.    All wiring and grounding of the apparatus shall be in accordance with the National Electrical Code.
      4.    The apparatus, its mounting, and all supporting devices shall be constructed and erected in accordance with Sections 614.0 and 615.0 of the BOCA Basic Building Code, directly upon the roof of the principal building, and shall not be mounted upon a spire, tower, turret, chimney, pole, or any appurtenances thereto attached.
      5.    The satellite dish apparatus shall be so designed and installed as to withstand wind forces up to seventy-five (75) miles per hour.
   C.    Permits Required.
Satellite dishes which are three feet (3') or smaller in diameter do not require a permit. Installation or erection of a satellite dish which is larger than three feet (3') in diameter shall not commence before all required licenses and/or permits are obtained.
      1.    Installation Permits: The lawful installation of a satellite dish requires two (2) permits:
         a)    An approved Zoning Certificate from the Director of Zoning or his/her authorized representative.
         b)    For single- and two-family dwellings: An approved Building Permit from the Director of Building.
         c)    For all other installations, an approved Building Permit from the Hamilton County Building Department.
      2.    Procedure:
         a)    The owner of any lot, premises or parcel of land who desires to construct a dish-type satellite receiving antenna on said lot, premises, or parcel of land shall submit a written application for a Zoning Certificate on appropriate forms, including the specified permit fee, to the Director of Zoning or his/her authorized representative.
         b)    Such application shall include construction drawings showing the exact location, dimensions, and type of the proposed antenna along with the proposed method of installation, and a site plan showing the location of the main building and setbacks.
      3.    Modifications: If any modifications are made to the station structure, the Director of Zoning or his/her authorized representative and/or the Director of Building shall have the authority to require proof that said change is in conformity with the zoning and building codes.
      4.    Prohibitions: No dish-type satellite receiving antenna shall be permitted in the Open Area District, except by special approval of the Board of Zoning Appeals.
      
      5.    Licensing: The applicant shall submit documentation of any license granted by Federal, State, or local agencies pertaining to the ownership, construction or operation of a dish-type satellite receiving antenna. Also, the name and address of the person or firm certified to construct the proposed earth station shall be submitted.
   D.    Approval Process.
      1.    Approval.
         a)    Applications filed for Ground-Mounted Satellite Dish Antennas (Section 1147.30A.) require approval by the Director of Zoning or his/her authorized representative.
         b)    Applications filed for Roof-Mounted Satellite Dish Antennas (Section 1147.30B.) require approval by the Board of Zoning Appeals.
         c)    Upon approval of a Zoning Certificate, an application for a Building Permit for a satellite dish antennae accessory to a single or two-family dwelling shall be submitted to the Director of Building on appropriate forms. All other building permits must be obtained from the Hamilton County Building Department.
         d)    The issuance of a building permit may require certain modifications as specified by the Director of Building and/or the Hamilton County Building Department, as applicable.
         e)    No approved ground-mounted or roof-mounted satellite dish antenna may commence operations before the Director of Building has made a final inspection and approved same for operation.
            (Ord. 26-18. Passed 7-17-18.)

1147.31 SIDEWALKS.

   Sidewalks on all new residential or business construction shall be required. The Codified Ordinances of the City of Hardson shall also apply to all districts within the Zoning Ordinance for the City of Harrison. The owner shall be responsible for the maintenance and repair of sidewalks on their lot. (Ord. 26-18. Passed 7-17-18.)

1147.32 SWIMMING POOLS AND TENNIS COURTS.

   A.    Private Swimming Pools.
All private swimming pools ("pool"), exclusive of portable swimming pools with a diameter less than twelve feet (12') or with an area of less than one hundred square feet (100 sf.), shall not be permitted in any residential district as an accessory use unless it complies with the following conditions and requirements:
      1.    The pool is intended and is to be used solely for the use of the occupants, including guests, of the principal use of the property on which it is located. A pool shall be considered an accessory use to the main structure.
      2.    A pool, including any walks or paved areas or accessory structures adjacent thereto, shall be located behind the rear line of the principal structure and at least ten feet (10') from all property lines. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
      3.    Elevated decks for above-ground pools shall not be located closer than ten feet (10') to the property line.
      4.    Fixed lighting shall be located, screened or shielded so that any adjacent residential lots are not directly illuminated.
      5.    The swimming pool behind the front building on which it is located, shall be walled or fenced to prevent uncontrolled access by any person from the street or from adjacent properties. The fence or wall shall not be less than four feet (4') in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock. The gate shall remain locked at all times except when the pool is used or controlled by authorized persons. Appropriately walled or fenced, as mentioned herein, does not include the wall and/or deck of an above ground swimming pool.
      6.    Before construction commences, the petitioner shall obtain a Zoning Certificate under Chapter 1175, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
   B.    Community or Club Swimming Pools.
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities and shall comply with the following conditions and requirements:
      1.    The pool is intended solely for the use of the members, and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      2.    The pool shall be subject to the same provisions governing the location and use of private pools as specified in Sections 1147.32A.
      3.    The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than one hundred feet (100') to any property line.
      4.    The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by persons from the street or from adjacent properties. The fence or wall shall not be less than six feet (6') in height and maintained in good condition.
      5.    Fixed lighting shall be located, screened or shielded so that any adjacent residential lots are not directly illuminated.
      6.    Before construction commences, the petitioner shall obtain a Zoning Certificate under Chapter 1175, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid. The operation of any pool shall comply with the standards of the City Building Code and the Hamilton County Board of Health.
   C.    Tennis Courts.
      1.    Tennis courts or other similar playing courts shall be located in the rear yard of a building or structure.
      2.    Such courts shall be fenced along its perimeter with a fence. Any such fence exceeding six feet (6') in height shall be screened by large shrubs (Refer to Sections 1147.16 and 1147.17).
      3.    Fencing surrounding a tennis court(s) shall be located at least five feet (5') from any property line.
      4.    Fixed lighting shall be located, screened or shielded so that any adjacent residential lots are not directly illuminated.
         (Ord. 14-19. Passed 8-6-19.)

1147.33 ASSURANCE REQUIREMENTS AND PLANS.

   Prior to the issuance of a Zoning Certificate, the Director of Zoning or his/her authorized representative may require the submission of written assurances and plans indicating the manner in which dangerous and objectionable aspects or elements of processes, operations entailed in certain uses, or occupations are to be eliminated or reduced to acceptable limits and tolerances.
(Ord. 26-18. Passed 7-17-18.)

1147.34 HOME OCCUPATION REGULATIONS.

   A.    Home occupation as an accessory use may be conducted in a single-family dwelling zones as such in accordance with Chapter 1143 of the Harrison Codified Ordinances, provided it is:
      1.    Clearly incidental and secondary to the use of the dwelling, and does not change the character of the dwelling; and
      2.    There is no indication from the exterior that the dwelling is being utilized in whole or in part for any purpose other than a dwelling and further that:
         a)    The home occupation is conducted wholly within the dwelling or off the premises;
         b)    There is no outside storage or display of materials in connection with the home occupation;
         c)    The home occupation is conducted by a member(s) of the family residing on the premises; a maximum of one (1), non-resident employee may be utilized.
         d)    No signs other than a non-illuminated one (1) square foot sign descriptive of the home occupation only and attached to the dwelling or mail box post only;
         e)    The home occupation will not create more than an average of six (6) trips a day to and from the dwelling by all customers of the home occupation;
         f)    The area used for the home occupation including stock or materials other than the type or quantity normally found in the home shall not exceed that which is allowed under the Federal Tax Codes and as regulated by the Internal Revenue Service including basements. No part of a garage or accessory building shall be used.
         g)    The delivery of any materials for the home occupation will not exceed an average of two (2) trips per day by any vehicle not owned by a family member;
         h)    If a product is created/manufactured/produced in the home as part of the home occupation, only that product may be sold from the home. Any additional or related products not created by the operator of the home occupation may be sold unless they are fully incorporated into the product produced by the home occupation.
         i)    The mechanical equipment used for the home occupation is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office.
   B.    Home occupation shall be classified as a Conditional Use this requiring approval of the Board of Zoning Appeals. The Home Occupation permit shall expire in the event of a change in the ownership of the property at the location for which it was issued, or any change in location of the original Home Occupation.
      (Ord. 26-18. Passed 7-17-18.)

1147.35 DOWNTOWN REDEVELOPMENT DISTRICT DESIGN STANDARDS.

   A.    PURPOSE.
The purpose of Section 1147.34 is to provide architectural and design standards for the rehabilitation, infill and redevelopment in the Downtown Redevelopment District that keeps with the traditional scale, character, and function of the city's downtown business district.
   B.    ADMINISTRATION PROCESS.
      1.    All architectural changes, modifications, or repairs conducted by private entities or applied to city owned properties shall conform with the following standards.
      2.    Two types of approval processes shall be used dependent on the magnitude of the proposed changes. Depending on the process either an administratively granted "Repair Permit" or a Planning Commission authorized "Certificate of Architectural Appropriateness" shall be issued before any construction or repairs may begin.
         a.    Significant improvements shall be any structural or exterior finish replacements or changes that require removal or addition of materials which constitute more than twenty-five percent (25%) of the area where these materials are applied, additions to existing structures, or new construction within the Downtown Redevelopment District. Significant improvements shall require issuance of a Certificate of Architectural Appropriateness and are subject to review by the Planning Commission following the Zoning & Use Approval Application and appeals process.
         b.    Essential minor improvements or repairs shall be any structural or cosmetic change or repair which does not modify more than twenty-five percent (25%) of any existing materials, paint colors, or elements, or which replace an existing damaged or deteriorating element with an identical replica in good repair. Essential minor improvements or repairs shall require a "Repair Permit" and are subject to administrative review by the City's Development Director or their designee. Appeals of the decision would be through the Planning Commission.
   
   C.    BUILDING SCALE CLASSIFICATIONS.
      1.    Purpose.
The Downtown Redevelopment District includes three (3) different building scale Classifications to provide regulations to manage the scale of construction in the District in a way that preserves and protects the traditional urban fabric and scale of downtown Harrison, allows for architecture that responds to modern construction practices, and maintains an inviting and functional pedestrian environment. Building Scale applies to existing structures and infill development.
         a.    Small Scale.
Buildings are of the smallest scale, have delicate proportions, and often have side yards and small front yards. Architecture tends to relate strongly to the human or pedestrian scale and has many characteristics of or was built as a home. These buildings contain intimate spaces.
         b.    Medium Scale.
Buildings are of a medium scale, have bold proportions that are inviting for a pedestrian, and relate strongly to civic and commercial architecture designed to draw people in while accommodating a variety of business uses, gatherings, and residential units.
         c.    Large Scale.
Buildings are of the largest scale, have very bold and strong proportions that convey a presence within the district, these proportions relate strongly to industrial, warehousing, office, larger hotels or residential buildings. They accommodate significant internal uses and spaces and may have limited pedestrian street presence.
   D.    ARCHITECTURAL STANDARDS FOR EXISTING BUILDINGS.
      1.    Purpose.
The purpose of the architectural standards for existing structures is to provide guidance for the appropriate restoration and rehabilitation of contributing historic or established buildings in the Downtown Redevelopment District, in accordance with the district's traditional function as the business and cultural hub of the city.
      2.    Applicability.
The following standards shall apply to all existing buildings in the Downtown Redevelopment District. To account for the district's eclectic mix of architecture and uses standards are provided by styles as defined below for the rehabilitation of existing buildings that contribute to the intent of this district, or are historically significant. Modifications which meet the requirements of the Administration Process to buildings identified as a contributing style to the Downtown Redevelopment District shall be reviewed by the Development Director or their designee for a Certificate of Architectural Appropriateness. Any modifications to buildings identified in Harrison as a registered Ohio or National Historic landmark, or as a contributing structure to the historic district shall be subject to review by the State Historic Preservation Office, in addition to the Planning Commission.
      3.    Contributing Existing Building Styles (Defined).
         a.    Commercial/Mixed-Use Style.
Contributing commercial/mixed-use buildings were designed to house retail, business, offices, hotels, restaurant, theatres, or other similar uses. The style of commercial/mixed-use buildings have transformed over generations, but the proper style for the Downtown Redevelopment District is a multi-story building, often with a store front, and upper stories to accommodate additional businesses or residential units. Most of these buildings were built from 1850-1930; however, more modern buildings can also meet these qualifications. The images in Illustration A. are examples of contributing commercial/mixed-use style buildings in the Downtown Redevelopment District.
 
Illustration A. Contributing Commercial/Mixed Use Style Building.
         b.    Industrial Style Structures.
Contributing industrial style buildings were originally built to house manufacturing, warehousing, processing, or to handle heavy equipment or automotive uses. These buildings are typically large in scale and were designed for utilitarian purposes and handling of materials. They may or may not include offices. They are often more accessible by vehicles than pedestrian users. Most of these buildings were built from 1850 to 1940. The images in Illustration B. are examples of contributing Industrial Style buildings in the Downtown Redevelopment District.
 
Illustration B. Contributing Industrial Style Buildings. R.E Kaiser Hardware building located in West Harrison, Indiana is a good example of desirable architecture in Harrison.
         c.    Residential Style Buildings.
Contributing residential style structures are primarily building designed for occupancy as a home or homes. Some of these buildings in the Downtown Redevelopment District have been adapted and reused for commercial or civic purposes. Most were built before 1940 and exhibit a range of architectural styles popular in different eras of the 19th and early 20th century. They are typically smaller in scale than commercial or industrial buildings with 2-3 stories common, and usually exhibit features such as elevated front porches, turrets, and pitched roof forms. The images in Illustration C. are examples of contributing residential style buildings in the Downtown Redevelopment District.
 
Illustration C. Contributing Residential Style Buildings.
         d.    Civic and Institutional Style Buildings.
            Contributing Civic and Institutional Style Buildings are designed to accommodate gathering spaces or services that are provided by a public or private entity like governments, or religious or educational institutions. As their purpose is often between office and gathering spaces these buildings generally do not have storefronts at street level although they do have a monumental entry. Churches or places of worship have identifying features such as spires, towers, steeples, or domes, and can range from small to grand in scale. The images in Illustration D. are examples of contributing civic or institutional style buildings in the Downtown Redevelopment District.
 
Illustration D. Contributing Civic or Institutional Buildings.
      4.    Maintenance and Restoration of Traditional Elements.
         The following standards shall apply to the maintenance and restoration practices of all traditional elements on all styles of buildings in the Downtown Redevelopment District as they apply to methods and practices rather than to actual design considerations.
         a.    Improvements, renovations, maintenance, repair or redevelopment of existing structures shall maintain and restore traditional elements of the building's facade and architecture to preserve the character of the district.
         b.    Renovations & Replacements to Facade Elements.
            i.    Window Renovation & Replacement General.
               A)    Original windows should be retained where possible and rehabilitated rather than replaced;
               B)    Wood or non-reflective aluminum clad wood windows, or comparable approved materials and profiles shall be used if replacement is necessary. New materials shall be dimensionally consistent with the existing material in size, profile, and layout.
               C)    Vinyl windows shall not be used in the district.
               D)    Security features such as window and door grilles should be complimentary to the architectural design and character of the building.
               E)    Exterior storm windows shall reflect the appearance and detail of the inner window as closely as possible with special attention to replicating the mullion, muntin, and meeting rail patterns.
               F)    Shutters shall only be permitted if they are proportionally sized to the window. Vinyl formed shutters shall not be permitted.
            ii.    Door Renovation & Replacement.
               A)    Original doors shall be retained and rehabilitated where possible.
   
               B)    The original size and proportion of a front door and the door surround contribute to the character of the entry. Where possible, existing historic hardware should be repaired and reused.
               C)    When new doors are used hardware including solid nonferrous metal door pulls and plates shall be used.
               D)    Replacement doors shall be compatible with the original character and design of the building and reflect the proportions of other doors in the building facade and in adjacent structures, including the use of glazing in a consistent manner with other doors in the facade or based on historical reference.
               E)    Replacement doors shall be made of solid wood with panels or windows, fiberglass with panels or windows, or full panel glass doors.
               F)    Solid steel and aluminum doors shall not be permitted choices on street facades. They may be used on the rear of the building but must be painted.
            iii.   Applied Exterior Finish Elements.
               A)    Existing materials and finishes that contribute to the building's historical, social or cultural significance shall be retained and preserved. Where original materials or features are deteriorated or damaged beyond repair, replacement materials shall match the old in design, color, texture, and other visual qualities. Alternate or new materials to replicate the elements may be used when they are compatible with the characteristics of the Downtown Redevelopment District and approved by the City Development Director or their designee.
               B)    Cornices, brackets, eves, and gutters shall be kept in good repair. If trim material is original to the building and is a character defining feature, it shall be maintained; if deteriorated, beyond repair as determined by the City Development Director or their designee, it shall be replaced to match the original in design, color, texture and style appropriate to the style of the building.
            iv.    Painting.
               A)    When possible, original unpainted exterior wall materials should be maintained in their natural states, unpainted state and maintained and repaired accordingly.
               B)    If it is necessary to paint the building, the preferred approach would be to paint it the color of the underlying natural materials to recreate the original design intent.
               C)    When historic evidence of original paint colors is present, these colors should be replicated.
               D)    When no historical reference exists for the specific building, paint colors available at the time of the building's construction should be used and the color pallets of adjacent buildings should be considered in the selection of colors.
               E)    The exterior colors and finishes should relate to others in the immediate vicinity, and the following standards shall be met.
                  1)    No more than three (3) colors shall be permitted on a facade.
                  2)    No more than three (3) colors shall be permitted on a sign attached to a facade. Those colors should coordinate or match the building colors.
                  3)    The City Development Director or their designee shall maintain sample color pallets on file as a guide for appropriate paint colors. The Planning Commission may approve other colors in the review process.
                  4)    Reflective, Day-Glo, and fluorescent colors or materials are prohibited.
                  5)    Neutral, white, earth tone, and muted tones are recommended for use on the street facades or any color used over more than fifty percent (50%) of the building's surface.
                  6)    The colors used on primary trims (less than twenty-five percent (25%) of the building facade surface) including the cornices, trim, window frames and sills shall complement the background color.
                  7)    The secondary trim areas such as the window sashes, doors and details in the bulkhead and cornice may be highlighted with a third color that is generally a darker version of the major trim colors.
                  8)    When currently unpainted, traditional masonry buildings should not be painted.
                  9)    Wood material such as those used in cornices or window surrounds should be retained.
               F)    Painting shall not be used as a method to obscure or hide structural failings such as, but not limited to, inconsistent material patching for repairs of cracking or sprawling due to structural flaws, leaks, or water penetration.
            v.    Structural Repairs.
               A)    All structural aspects of a building shall be maintained in functional order.
               B)    Cosmetic flaws such as cracks, chips, or splits which will not result in leaks or water penetration into the substructure may be left and shall not be patched or painted.
               C)    Maintenance issues with stone, brick, or tile, or other masonry such as discoloration from pollution, mildew or mold should be cleaned and never painted over.
               D)    Cracked, crumbling, or deteriorating bricks, stone, or tile shall be replaced with like materials either salvaged or new but aged to match the existing cladding.
               E)    Cracking along mortar lines due to settling of the structure should be repaired by leveling the foundation layers and relaying salvaged brick or stone. Stucco and concrete layers should not be applied to mask the original masonry.
               F)    Mortar repairs shall use mortar colored to match existing mortar on the facade.
               G)    Wood and metal cladding, gutters, or flashing shall be repaired with materials of the same dimension, thickness and texture, and finished in the same manner for the whole facade.
            vi.   Awnings or Canopies.
               A)    Fabric awnings may be an appropriate decorative element for buildings in the district. Fabric awnings shall be maintained in good condition to not show significant wear, tear, or fading. If holes, fraying, or sun bleaching occurs, fabric awnings shall be replaced or removed.
               B)    If the building was designed to have awnings, awnings and awning frames shall not be permanently removed.
               C)    Awning support frames shall not remain uncovered for a period longer than six (6) weeks. Awnings left bare for more than six (6) weeks shall be removed and necessary facade repairs shall be made to maintain the structure.
               D)    The original existing awnings should be used if they are in working order and repairable.
               E)    Replacement awnings shall be designed to fit the window openings to emphasize a building's proportions. They shall not obscure architectural details. When installed new on a building, they shall be mounted at a height and location that retains the horizontal line with other buildings on the block; provided a clearance of no less than nine (9) feet is maintained above a sidewalk and/or walkway.
               F)    Fabric coverings shall be an all-weather material. Color and design shall be compatible with the building as determined by the City Development Director or their designee.
               G)    Corrugated metal or vinyl awnings are not permitted.
            vii.    Miscellaneous.
               A)    Heating and cooling equipment shall be installed on the roof, or to the side or rear elevations of the building and screened from public view when possible. If no alternative is available, window mounted units in front facades shall be properly secured and removed when not in use.
               B)    Rooftop elements should be recessed from the primary facade. Skylights should be low profile and not be visible from the street.
      5.    Style Specific Remodeling or Restoration Standards.
The following standards apply to specific building styles and relate to the dimensions and design aspects of the architecture common in the contributing buildings of each style.
         a.    Commercial/Mixed-Use Style.
            i.    Entries and Store Front Facades.
               A)    Storefronts are the parts of the building that face the street and connect with the sidewalk and are typically on the first floor. Storefronts are an integral part of the District and should primarily be transparent [have windows], with a pedestrian orientation, and appropriately oriented entry facades.
               B)    Preservation of traditional storefront facade elements found on contributing commercial/mixed-use buildings are fundamental to the overall character of the Downtown Redevelopment District as Harrison's traditional and historic business district.
               C)    During remodeling or restoration, original storefront elements and details should be restored when historic reference is available. Original storefront elements include:
                  1)    Dimensional Cornice
                  2)    Corbels or Brackets
                  3)    Hoods or Lintels on Upper Story Windows
                  4)    Regularly Spaced Upper Story Windows
                  5)    Sills
                  6)    Recessed Panel for Signs
                  7)    Storefront Cornice
                  8)    Transom
                  9)    Piers
                  10)   Display Window
                  11 )   Water table/Base
                  12)   Bulkhead/Kick-Plate
                  13)   Recessed Entry
                  14)   Masonry Patterns
                  15)   Historic Signage and Signage Brackets
 
Illustration E. Anatomy of a traditional and contributing storefront.
               D)    When original features structurally exist, but may have been covered in previous remodeling they shall be preserved and repaired and restored with the following methods:
                  1)   Existing storefront elements should be repaired rather than replaced when possible. If portions of the storefront cannot be repaired, the element shall be replaced with new materials that match the existing element as closely as possible in size, depth, and material.
                  2)    The existing elements shall be carefully preserved. They shall not be made larger or smaller or changed in shape except when all of the elements of the kind (e.g. corbels) must be replaced, and then some modification from the original is acceptable.
                  3)    If the interior ceiling is lower than the transom line, either revise the interior ceiling height in the transom area to restore the transparency of the transom, or use spandrel glass, or detailed rot resistant wood or metal panels similar to the bulkhead design to fill the area where glazing would be present.
               E)    When original features of the storefront have been completely removed in previous remodeling and no historical reference is available to detennine original pattern and rhythm, an appropriate restoration of a traditional storefront shall be completed using the following standards.
                  1)    The main or “customer" entrance to a building shall be emphasized to delineate a clear point of arrival or entry.
                  2)    The main entry shall be located along the primary public right-of-way corridor; additional entrances may be located in the side or rear of the building to allow for service access or additional customer entries.
                  3)    On corner lots, the building's primary entrance may be angled to present access to both frontages.
                  4)    Entries should typically be recessed slightly from the build-to line and/or sheltered by a covered arcade structure, canopy, or awning.
                  5)    Entryways are encouraged to incorporate elements of traditional storefront design including recessed panels or area for signboards, cornices, transom, piers, display windows, bulkheads, or recessed or covered central entrance areas.
            ii.    Fenestration (Arrangement of Windows & Doors).
               A)    During remodeling or restoration, original fenestration patterns and openings should be maintained or restored when historic reference is available. Original fenestration includes the spacing pattern, shape and size of openings, and detailing like mullions, muttons, sills, and lintels.
               B)    When original features structurally exist, but may have been covered in previous remodeling they shall be preserved and repaired and restored with the following methods.
                  1)    Existing structural elements and glazing of windows should be repaired rather than replaced when possible. If portions of the window cannot be repaired, the window shall be replaced with new windows that match the existing window as closely as possible in size, frame and trim material, method of operation, size of sash members, window frame elements, and the pattern of divided lights.
                  2)    The existing window opening shall be carefully preserved. They shall not be made larger or smaller or changed in shape with inserts or modifications to accommodate a differently sized or shaped window.
               C)    When original features have been completely removed in previous remodeling and no historical reference is available to determine original pattern and rhythm, an appropriate restoration of the original patterns and rhythms shall be completed using the following standards:
                  1)    Windows and doors shall be proportional to the building facade in which they are installed. Vertically proportioned windows which relate to human scale or golden ratio are preferred, but horizontally proportioned windows may be used for display purposes on lower floors. On upper floors, windows shall be divided into vertically proportioned components using mullions and muntins.
                  2)    When replacing or restoring windows on street front facades the original proportions of the building should be used as the guide. See Illustration F. for appropriate fenestration patterns and proportions for the Downtown Redevelopment District.
 
Illustration F. This illustration shows how the character and appearance of a building is impacted by the scale of the window openings. The top option displays the correct proportions for the B-4 Commercial/Mixed-Use Style Buildings.
                  3)    On the front facade, similar sized windows shall be placed in a regular pattern with the same top and bottom alignment.
                  4)    Window openings shall indicate floor levels and shall not occur between floors.
                  5)    A bulkhead constructed of brick, stone, wood, fiber cement siding, or metal panels shall be required at a minimum height of eighteen (18) inches from grade.
                  6)    Transparent windows or doors shall occupy a minimum of fifty (50) percent of the area of a primary facade between two (2) and ten (10) feet from the highest grade at the sidewalk. (See Illustration G. for method to calculate area.)
 
Illustration G. Window or door openings are calculated from the area of the primary facade between 2 and 10 feet from grade. The dashed rectangle shows this area. The grey rectangles represent 50-percent of this area.
                  7)    When significant grade changes occur along any facade and an original fenestration pattern is unavailable for reference, the City Development Director or their designee shall make a recommendation for window and door placement and this recommendation shall be approved by the Planning Commission with a 2/3rds vote.
                  8)    Opaque glazing or mirrored glazing shall be prohibited, except in transoms as indicated above.
         b.    Industrial Style Buildings.
            i.    Entries and Street Front Facades.
The use of architectural elements and details in industrial style buildings is unique and connect with the sidewalk at the first floor. Large window openings and masonry exterior materials are an integral part of the District. Preservation of traditional fenestration elements found on contributing industrial buildings are fundamental to the overall character of the Downtown Redevelopment District as Harrison’s traditional and historic business district. During remodeling or restoration, original facade elements and details should be restored when historic reference is available. Original facade elements include:
               A)    Hipped/Flat, or Gabled Roof
               B)    Dimensional Cornice
               C)    Corbels or Brackets
               D)    Hoods or Lintels on Upper Story Windows
               E)    Clerestory or Upper Story Windows
               F)    Sills
               G)    Elevated Main Floor
               H)    Loading Bays
               I)   Prominent Main Entrance/Customer Entrance
               J)    Window Bays
               K)    Belt coursing
               L)    Water table/Base
               M)    Elevated base/foundation
               N)    Masonry patterns
 
Illustration H. Elements of a contributing industrial style building.
            ii.    Fenestration (Arrangement of Windows & Doors).
               A)    During remodeling or restoration, original fenestration patterns and openings should be restored when historic reference is available. Original fenestration includes the spacing pattern, shape and size of openings, and detailing like, mullions, muntins, sills, and lintels.
               B)    When original features structurally exist, but may have been covered in previous remodeling they shall be preserved and repaired and restored with the following methods.
               C)    Existing structural elements and glazing of windows should be repaired rather than replaced when possible. If portions of the window cannot be repaired, the window shall be replaced with new windows that match the existing window as closely as possible in size, frame and trim material, method of operation, size of sash members, window frame elements, profile and the pattern of divided lights.
                  1)    The existing window opening shall be carefully preserved. They shall not be made larger or smaller or changed in shape with inserts or modifications to accommodate a differently sized or shaped window.
 
Illustration I. This image shows an industrial style building restored with properly proportioned windows which fit the original openings on the building.
 
Illustration J. This image shows a building where the original patterns and openings have been modified but they are still visible. Appropriate restoration of this building would involve using the original pattern and restoring glazing and windows to fit the original openings.
                  2)    When original features have been completely removed in previous remodeling and no historical reference is available to determine original pattern and rhythm, an appropriate restoration of the fenestration patterns and rhythms shall be completed using the following standards.
               D)    Windows and doors shall be proportional to the building facade in which they are installed. Vertically proportioned windows which relate to human scale are preferred, but multi-pane steel windows with horizontally proportioned openings are appropriate in large format industrial style buildings.
               E)    Windows shall be divided into consistently proportioned components using mullions and muntins.
               F)    When replacing or restoring windows on street front facades the original proportions of the building should be used as the guide. See Illustration K. for appropriate fenestration patterns and proportions for the Downtown Redevelopment District.
               G)    Spacing windows more than twenty-five (25) feet apart should be avoided.
   
 
Illustration K. This illustration shows different appropriate fenestration patterns that are in proportion to the larger industrial style buildings.
         c.    Residential Style Buildings.
This section addresses the structures within the Downtown Redevelopment District that were originally built for the intention of a residential use. These buildings have character defining features that should be maintained.
            i.    Architectural Elements.
The use of architectural elements and details in residential style buildings is unique and specific to the era in which the building was constructed.
               A)    During remodeling or restoration, original architectural elements and details should be restored when historic reference is available. Examples of appropriate and inappropriate remodeling are shown in Figure 1351.9.
               B)    Original residential style facade elements include:
                  1)   Gabled, hipped, or compound pitched roofs
                  2)   Turrets, towers, chimneys, cupolas
                  3)   Eaves and gutters
                  4)   Decorative fascia and brackets
                  5)   Porches/Balconies/Stoops
                  6)   Upper Story Windows
                  7)   Prominent Main Entrance, Front Door
                  8)   First Floor Windows
                  9)   Belt coursing
                  10)   Water table/Base
            
                  11)   Elevated base/foundation
 
Illustration L. Facade elements of a typical contributing Residential Style structure.
            ii.    Fenestration (Arrangement of Windows & Doors).
               A)    The entry door to residential structures shall be a single leaf panel. door. The door shall be a focal feature on the first level facade and have between two (2) and six (6) panels. These panels shall vary in size from the largest on the bottom to the smallest on the top. The middle set of panels may be combined into one shorter panel. Viewlights and glass corresponding to the panel design is acceptable.
               B)    The doors and frames shall be constructed of wood and not metal. These doors may either be painted or stained to match the material and color palette.
               C)    Storm doors may be added to residential structures. The frame and door shall be wood with thick style and rail members. The panels in the doors can either be a glazed panel, screened panel, or an interchangeable panel, solid panels are not acceptable. The panels shall either be full door height or divided to correspond to the door panels.
               D)    Both styles of architecture typically incorporated a surround into the design of the overall door. Transoms and sidelights can be included in the surround.
            iii.    Extensions and Enclosures.
               A)    Extensions into a front or side yard with frontage on a public right-of-way, or enclosure of an original porch shall be prohibited.
               B)    The original detailing, proportions, and elevations of porches should be maintained and restored in rehabilitation or renovation projects.
            iv.    Stoops, Porches, and Porticoes.
               A)    The residential structures within the Downtown Redevelopment District have either a small, uncovered stoop or portico, an extension of the door surround, or a porch.
               B)    The stoops are traditionally small and either had a simple iron railing or no rail at all. Due to code restrictions the design of any porches, stoops, and railings must comply with the local and state building code.
               C)    A one-story portico may project anywhere from one (1) foot to four (4) feet from the face of the structure and extends one (1) to two (2) feet to either side of the door. The roof of the portico can be flat or pediment and covers a rectangular area. The roof can take an alternate shape, but this is uncommon.
               D)    The configuration of the porches shall be one-story structures with low slope or flat roofs and occasionally a gallery above is common. The galleries were typically decorative in nature and ran the whole width and depth of the porch. Due to code restrictions the design of any balustrades and railings must comply with the local and state building code. The porch could be placed just at the entry and extend any distance up to the full width of the facade. Porches can wrap around one (1) or two (2) corners.
            v.    Shutters.
               Any shutters that are applied shall be wood or solid composite, operable, and fit the opening to which they are adjacent. Example: A four-foot (4') wide window shall not have two (2) one-foot wide shutters. Each shutter (folded) or shutter panel shall be thirty five to one hundred percent (35-100%) of the width of the window, so that when opened it could cover the whole window. Do not use shutters and awnings for the same window.
         d.    Civic/Institutional Style Buildings.
            i.    Roof shapes, slopes, and materials that are visible from street level shall be compatible with the historic style of the building. The roof forms can take one of two (2) forms, flat/low slope screen by a parapet wall or gabled or hipped with a slope between an 8/12 and 12/12 slope. These two (2) common roof forms emphasize the rectangular box form of the style.
            ii.    Many different materials can be used for the cladding material of the roof. Some shingles are shaped into wedges, scales, and other forms. These decorative shapes shall be avoided so there is a distinction between old and new. The shingles may be varied in color and placed in a random pattern. The shingles shall not be placed in such a manner as to create a particular design. The colors used on the roof shall be compatible with the color scheme chosen for the rest of the structure.
               A)    Slate shingles may be used on steeper sloped roofs. Synthetic shingles with a slate appearance may also be used.
               B)    Metal roofs of a true traditional raised seam profile with flat panels is an acceptable material. The metal can be a natural finish or a prefinished color. The colors used on the roof shall be compatible with the color scheme chosen for the rest of the structure.
               C)    Membrane roof systems are allowable for use on flat roofs only.
            iii.    Entries and Street front facades.
Defined entry features such as porticos and recessed architectural features will be encouraged to provide diversity along the first floor, while providing patrons' a recognizable point of entry. The designs shall be articulated through the use of historic proportions for the columns, lower panels, transoms, area of glazing, and intermediate cornice. The columns and intermediate cornices can be a simplified version of earlier designs if the historic features are missing or a new structure is being constructed. The use of aluminum storefront systems will be allowed.
            iv.    Fenestration (Arrangement of Windows & Doors).
The entry door to Civic/Institutional Style Structure can be either a single or double leaf panel door. The door shall be prominent on the facade and located centered within architectural bay rhythm of the street facade or central on the facade. The door should have between two (2) and six (6) panels. The upper panel of the door may be solid or glazed and is typically shaped to match the profile of the top of the door. Viewlights and glass corresponding to the panel design is acceptable.
               A)    The doors and frames shall be constructed of wood or metal. These doors may either be painted or stained to match the material and color palette.
               B)    The window configuration is a mix of fixed and double hung configurations. Double hung windows are the most common type of windows. In most cases both the upper and lower sash were operable so the wind patterns through the structure could be varied.
                  1)    Any glass within eighteen (18) inches from the finished floor must be safety rated.
                  2)    All operable windows within thirty-six (36) inches of the finished floor must have a maximum opening of four (4) inches.
               C)    The common sash divisions for the double hung windows are 1/1 and 2/2. Religious structures can have further divisions and integrated stained glass.
               D)    The use of insulated glass and storm windows is allowed. Any divided storm windows shall have the sash lines aligned with those of the window. Wood, wood clad aluminum, and factory finished aluminum windows will be allowed.
               E)    The windows are to be placed symmetrically within the facade. Also, to create a balance the facade was divided into an odd number of bays with one vertical set of windows pertaining to each bay. Typically each window is placed individually, not in a pair or set.
               F)    The lintels and sills may be brick, concrete, stone, or cast stone. The lintel shall be flat, keyed, or arched. Thin stone sills of four (4) to six (6) inches are encouraged. Lintels shall be approximately 1.5 times thicker than the sills and four (4) to eight (8) inches wider on each end.
   E.    ARCHITECTURAL STANDARDS FOR NEW STRUCTURES.
      1.    Purpose.
To promote the design and construction of new mixed-use and nonresidential buildings that support and enhance the scale and function of the Downtown Redevelopment District and to create a theme that complements the city's existing built environment.
      2.    Facade Articulation.
         a.    The way a building's facade is designed to emphasize certain elements or portions of the facade is a factor in the overall character of the building. Buildings in the Downtown Redevelopment District shall respect the established scale and function of the district and of the scale of adjacent buildings.
         b.    Facades shall be articulated both vertically and horizontally to relate the structure to the scale of the adjacent buildings.
         c.    The following standards shall apply to new buildings as specified:
            i.    Horizontal Articulation. Horizontally long facades shall be visually and physically broken into bays. Bays shall be demarcated using:
               A)   recesses or setback variations,
               B)    architectural detailing,
               C)    fenestration pattern and rhythm,
               D)    various facade heights,
               E)    architectural elements and detailing including but not limited to pilasters that subdivide the facade, and
               F)    application of compatible building materials to cause the facade to appear as a series of proportionally correct masses. (See Illustration M.)
 
Illustration M. These three elevations illustrate proper and improper articulation and proportions for buildings in the District.
            ii.    Maximum bay width shall be determined by the overall building proportions and scale as follows.
               A)    Large Scale-30 feet in width.
               B)    Medium Scale-20 feet
               C)    Small Scale-15 feet
            iii.    A minimum of three (3) bays shall be used on Large and Medium Scale Buildings, a minimum of two (2) bays may be used on Small Scale Buildings.
            iv.    Bays shall be created using no fewer than two (2) of the following methods:
               A)    Change in wall plane such as a projection or recess. The change in depth from one bay to the next shall be at least three percent (3%) of the length of the facade.
               B)    Change in height of wall and/or variation in roof form.
               C)    Change in texture or masonry pattern.
               D)    Window placement or form.
            v.    Placement of the common horizontal elements (e.g., cornice line and window height, width, and spacing) on new structures shall be influenced by neighboring structures. These elements include window moldings, tops of display windows, cornices, copings, and parapets. When topography or lack of existing buildings in the same block does not create a consistent horizontal component, the facing street elevation shall be used as reference. If a building has no existing context to draw from, the new building shall establish the alignment for the block.
         d.    Vertical Articulation.
            The articulation of a base, middle, and top of the building shall be required. See Illustration N.
 
Illustration N. This building illustrates proper vertical elements of a building for the Downtown Redevelopment District.
            i.    A recognizable base may consist of, but not be limited to: thicker walls, ledges, or sills, integrally-textured material such as stone or masonry, integrally-colored and patterned materials such as smooth-finished stone or tiles, lighter or darker colored material from the body of the building, mullions, or panels. The use of bulkheads and water table trims are strongly encouraged.
            ii.    The middle or body of the building will constitute the majority of the facade area and may consist of, but is not limited to: the primary exterior finish material, fenestration, and belt or soldier courses.
            iii.    A recognizable top may consist of, but is not limited to: dimensional cornice treatments; variation in masonry patterns or materials, or differently colored materials; visible roof forms including gables, sloping roof with overhangs and brackets, stepped parapets, chimney projections, cupolas, and dormers; or aligned openings and articulations.
            iv.    Story Height.
               A)    Various story heights ranging between eight (8) and fourteen (14) feet per story are encouraged. However, buildings shall not exceed the maximum building heights as specified in the Zoning District.
               B)    The first floor and any floor below the average grade in buildings with four (4) or more stories may have up to 150% the height of the other stories to add weight to the structure and emphasize the base, middle, and top concept described above. See Illustration O.
 
Illustration O. The building in this illustration has an 18' foot tall ground floor and 12-foot-tall uppers stories showing how a sense of weight is added to the structure by having a taller ground floor.
      3.    Roof Forms and Upper Story Details
The roof is one of the most important details on any building. It finishes the building vertically, and can be used to identify and establish entry points and provide orientation to the building when viewed from a distance.
 
Illustration P. Illustration shows various "pitched" roof forms. See the following standards for permitted location and application of various roof forms in the Downtown Redevelopment District.
         a.    Roof forms shall be appropriate to the scale and style of the building and shall be permitted as follows:
            i.    When a shed roof is used as the primary or sole roof form, it shall slope away from the property’s frontage. Shed roofs as a primary roof form are discouraged on buildings located on corner lots. (See Illustration Q.)
 
Illustration Q. Appropriate use of a shed roof. This building would not be suitable on a prominent corner lot.
            ii.    Mansard and Gambrel roofs shall be prohibited on single story buildings.
            iii.    Full projection or cantilevering of the upper portions of a flat roofed structure shall be prohibited.
 
Illustration R. This figure shows appropriate ways to provide coverage for pedestrian areas, cantilevering of the upper portion of a flat roofed structure without supports shall be prohibited.
            iv.    No roofline ridge or parapet shall run unbroken by variation for more than sixty (60) feet. Vertical or horizontal articulation is required and should correspond to other elements of the particular building mass.
            v.    Access to roofs should be restricted to interior access only.
            vi.    Scale specific roof application
               A)   Large Scale.
Large Scale buildings shall be constructed with a flat roof with a minimum of an eighteen (18) inch parapet.
               B)    Medium Scale.
                  Medium Scale buildings shall be constructed with a flat roof with a minimum of an eighteen inch (18") parapet, or pitched roof may be used if a false front or parapet with a horizontal emphasis is used on the main facade to obscure the roof from the main thoroughfare.
               C)    Small Scale.
Small Scale buildings may utilize gable, hipped or flat roofs with cupolas and dormers. The visible portion of the sloped roof shall be sheathed with material that is complimentary to architectural style of the building and other surrounding buildings.
            vii.    Facade Extensions and Parapets.
Facade extensions or parapets may be used on flat roofed structures to create variation and screen rooftop equipment. The following standards shall apply to faced extensions or parapets:
               A)    Facade extensions and/or parapets shall be included in the measurement of total building height and exterior wall height and shall not be more than six (6) feet or 1/4 of the total building height whichever is less.
               B)    Facade extensions and/or parapets shall be applied in a consistent manner to all visible facades of a structure to create a consistent and intentional screen for rooftop equipment without the appearance of a veneer or a flat wall extended beyond the roof form when viewed in profile. (Illustration S. )
               C)    Exceptions may be made for rear facades that are not visible from public spaces or residential areas.
 
Illustration S. Appropriate parapet use.
               D)    Roof-mounted mechanical equipment shall be screened from public street view through the use of architectural housing, integrated details and/or concealment behind a parapet.
            viii.    Overhangs.
Overhangs add visual interest and distinguish tops of buildings or provide an indication of where an entry is located.
               A)   Architectural detailing, insets, or projections may be used within the required build area to establish importance and emphasize entry to buildings.
               B)   No balconies, or upper story bays, shall extend beyond the outermost wall of the ground floor more than eighteen inches (18"), and under no circumstance may extend beyond the property line.
            ix.    Entries and Storefronts.
Primary Facades and Storefronts are the parts of the building that face the streets or public rights-of-way and connect with the sidewalk and are typically on the first floor. Storefronts are an integral part of the Downtown Redevelopment District and should primarily be transparent [contain windows], with a pedestrian orientation, and appropriately oriented entry facades based on the corridor they are oriented towards.
               A)   The main or “customer" entrance to a building shall be architecturally emphasized to delineate a clear point of arrival or entry.
               B)    The main entry shall be located along the front or public right-of-way; additional entrances may be located in the side or rear of the building to allow for service access or additional customer entries from parking lots.
               C)    On corner lots, the building's primary entrance may be angled to present access to both frontages.
               D)    Entries should typically be slightly recessed and/or sheltered by a covered arcade structure, canopy, or awning.
               E)    Entries shall be designed for universal accessibility from the sidewalk. Preferably by designing at grade entries and not using ramps.
               F)    Entryways on Commercial/Mixed-Use buildings are encouraged to incorporate elements of traditional storefront design including recessed panels or area for signboards, cornices, transom, piers, display windows, bulkheads, or recessed or covered central entrance areas.
               G)    Corner Buildings.
New buildings situated on corner lots may have only one primary facade on the highest rated right-of-way and a secondary facade, or may have two designated primary facades.
            x.    Fenestration, Windows, and Facade Transparency.
The pattern and frequency of window openings contributes to a comfortable pedestrian experience within the district. The following standards shall apply.
               A)    Windows and doors shall be proportional to the building falcade in which they are installed. Vertically proportioned windows which relate to human scale are preferred, but horizontally proportioned windows may be used for display purposes on lower floors. On upper floors, windows shall be divided into vertically proportioned components using mullions and muttons. (See Illustration T. )
 
Illustration T. This illustration shows how the character and appearance of a building is impacted by the scale of the window openings. The top option displays the correct proportions.
               B)    On the public facing facade, similar sized windows shall be placed in a regular pattern with the same top and bottom alignment.
               C)    Window openings shall indicate floor levels and shall not occur between floors.
               D)    A bulkhead constructed of brick; stone, wood, fiber cement siding, or metal panels shall be required at a minimum height of eighteen (18) inches from grade.
               E)    Transparent windows or doors shall occupy a minimum of fifty percent (50%) of the area of a primary facade between two (2) and ten (10) feet from the grade at the sidewalk at the highest point of grade. (See Illustration R. for the method to calculate area.)
               F)    When topography creates a substantial facade area below the highest grade the Development Director or their designee shall recommend an appropriate fenestration pattern for the lower portions of a facade along a public right-of-way.
               G)    Transparent windows or doors shall occupy a minimum of thirty percent (30%) of the area of a secondary facade between a line two (2) feet from the average grade of the facade and ten (10) feet from the average grade of the facade.
               H)    Opaque glazing or mirrored glazing shall be prohibited except opaque spandrel glass which may be used in transom areas.
               I)   Fenestration Pattern and Rhythm
A recognizable pattern or rhythm shall be established with the placement of window openings. The rhythm and proportion of the window openings should be similar to those on nearby facades.
 
Illustration U. Calculation of required fenestration for the ground floor, showing the required area based on the highest grade.
                  1)    Window openings or groups of windows should be placed to create a regular pattern or rhythm.
                  2)    A horizontal distance greater than one and one-half times the width of the windows or group of windows should be avoided unless other elements of the facade's detailing or building articulation help continue an established pattern. For instance, a series of bays with windows may be alternated with a series of bays without windows.
 
Illustration V. This illustration shows how a pattern can be established in three bays using similar window patterns in the two outer bays and a slight modification in the central bay.
                  3)    When a genuine window opening is not feasible, variation in the facade's pattern or the use of "blanks" on mortar buildings and shuttered windows on non-mortar buildings may be considered appropriate.
 
Illustration W. A masonry building using “blanks” to continue the fenestration pattern where windows were not feasible.
                  4)    Windows on upper stories should generally be vertically aligned with lower story windows or off-set in a manner that creates an intentional pattern. If the distance between the lintel of the first floor window and the second floor windows is greater than two (2) times the height of the upper story window, spandrel panels shall be used.
                  5)    Windows used to establish a fenestration pattern should generally be of the same size; however, smaller or larger windows may be employed to create variation and interest.
               J)    Blanks.
Where window openings are not applicable, faux inoperable windows may be instituted with size and style matching the window openings. Where faux windows are not possible, depressions should be made in the wall to mimic the placement and rhythm of the fenestration pattern. The window blank should have lintels and sills to match the other true windows. (See Illustration W.)
            xi.   Architectural Trims and Detailing.
In addition to the very broad massing and scale of a building, the application and use of trim and detailing contribute to the character and quality of a structure and help define a specific style or type of architecture. While this chapter does not require a specific architectural style for new buildings in the District, attention to detail and a high level of finish shall be required. This section provides standards for the inclusion of architectural trim and details.
               A)    Trim.
Trims refer to ornamental or projecting framing or design elements around openings, at corners, along eaves, and other architectural elements attached to the exterior walls of a building that do not serve a structural purpose. Applied moldings, woodwork, or other linear finishing elements that add dimension and definition or an “outline” to elements of a building's facade are examples of trim. They are applied to cover transitions in materials, and provide finish to a faccade.
                  1)   Trim shall be of an appropriate type and scale to convey an architectural style for a building. Generally, narrow trim should be used on smaller elements and on smaller buildings while wider trim should be use on larger structures.
                  2)   Trim should be used around facade openings to add dimension and emphasis.
                  3)   Trim should be a contrasting color to the primary facade to help define the facade openings and articulation. However, the city may approve non-contrasting trim and detailing if it enhances the articulation and character of the structure.
               B)    Detailing.
Detailing refers to other elements that are installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression, and assist in the articulation of a facade adding dimension or character. Some features included in detailing are:
 
                  a)   cornices
                  b)    projecting eaves
                  c)    gutters and downspouts,
                  d)    belt courses
                  e)    sills
                  f)    lintels or hoods
                  g)    spandrels
                  h)    water tables, knee walls
   
                  i)    pillars, piers, pilasters, columns
                  j)    decorative ornamentation
                     i)    terra cotta
                     ii)   tiles
                     iii)    quoining
      4.    Exterior Finish Materials and Colors.
The character of the Downtown Redevelopment District is enhanced by the use of quality building materials that reflect the purpose of this chapter for the City of Harrison. The following standards shall apply:
         a.    Permitted Materials.
Structures shall be finished with high-quality, durable, and attractive natural or manufactured materials with a natural appearance. Exterior finish materials should have low maintenance requirements and utilize colors that reflect the character of the city. Exterior finish materials shall be permitted as applicable. As with articulation, the materials may vary from the primary or visible facades to the secondary or screened facades. Other new materials meeting the purpose of these standards may be approved by the city on a case-by- case basis as a primary or accent building material:
            i.    Primary facades.
Primary facades, or building faces parallel to frontage and adjacent to public rights-of-way, shall be constructed with a primary exterior covering as defined in Table A. Table A. Permitted Exterior Building Materials. All materials should be the natural color of the permitted materials, or painted a color as permitted in section vii Colors.
            ii.    Secondary Facades.
Secondary facades, or those to the rear or side of a building not visible from a public right of way other than an alley, shall be constructed with a primary exterior covering as defined. All materials should be the natural color of the material or permanently colored, stained or painted to match the colors of the primary materials on the visible facades.
            iii.    Primary Materials.
Primary materials refer to any material or combination of materials that provide the base covering for the building usually comprising fifty percent (50%) or more of the facade finishing material. (See Illustration X.) for calculation of facade area.
            iv.    Accent Materials.
               Materials considered accent or detailing shall comprise no more than twenty-five percent (25%) of the facades surface. See Illustration X. for calculation of facade area.
 
Illustration X. This figure illustrates how to calculate the percentage of the facade dedicated to a primary or accent material. Accent materials shall be applied to no more than twenty-five (25) percent of the faade surfaces.
            v.    Conditional or New Materials.
               A)    Materials listed as conditionally permitted, or new materials not listed as prohibited in these standards may be approved by the city on a case-by-case basis provided the city finds the proposed material meets the intent of the purpose of the Exterior Materials and Finish Section of this Article.
               B)    Other materials that are not listed as prohibited may be approved by the city on a case-by-case basis as a primary or accent building material.
Table A. Permitted Exterior Building Materials
Building Types
Building Types
EXTERIOR FINISH MATERIALS
Large-Scale
Medium-Scale
Small-Scale
Gas Station Canopies
Civic & Institutional
Other
Unglazed Brick
PP 1, A/T
PP 1, A/T
PP, A/T
PP, A/T
PP1, A/T
PP 1, A/T
Natural Stone
PP, A/T
PP, A/T
PP, A/T
PP, A/T
PP, A/T
PP, A/T
Cut Stone
PP, A/T
PP, A/T
PP, A/T
PP, A/T
PP, A/T
PP, A/T
Wood Clapboard
PP, A/T
PP, A/T
PP, A/T
C
Wood Shake
PP, A/T
C
C
Fiber Cement Siding
A/T
A/T
PP
PP
PP
C
Cement Veneers
C
C
Brick Veneers
PS
PP
PP
PP
PP
C
Decorative Concrete Masonry Units
PS
PS
PP, A/T
C, A/T
Tilt-Up Architectural Concrete
PS
C
Decorative metal siding
PS
C
Steel Sheet Siding
C
C
T1-11 Siding
Wood Trim, Moldings
A/T
A/T
A/T
A/T
A/T
A/T
Fiber Cement Trim, Moldings
A/T
A/T
A/T
A/T
A/T
A/T
Metallic Flashing or Trim (aluminum, steel, copper, brass)
A/T
A/T
A/T
A/T
A/T
A/T
 
Vinyl Trim
A/T
A/T
PVC Trim or Moldings
A/T
A/T
A/T
A/T
Terra-Cotta Details or Tile
A/T
A/T
A/T
A/T
A/T
A/T
White-Washed Brick
A/T
A/T
A/T
A/T
A/T
A/T
Glazed Brick
A/T
A/T
A/T
A/T
A/T
A/T
Glazed or Unglazed Decorative Tiles
A/T
A/T
A/T
A/T
A/T
A/T
Cast or Wrought Metal
A/T
A/T
A/T
A/T
A/T
A/T
1-Traditional or Large Scale Brick
2-Only on Upper Stories
PP Permitted/Primary and Secondary Facades
PS Permitted/Secondary Facade
A/T Permitted as Accent
C Conditionally Permitted
            vi.    Roofing Materials.
               A)    Visible Roofing.
                  1)    Permitted Materials.
The following are the permitted materials for visible roofing on all buildings: Slate, synthetic slate, Terra Cotta or other earthen tiles, standing seam metal roofing.
                  2)    Visible roofing (pitched roofing) shall be black, brown, gray, white, off-white, silver, copper, burnt or autumn red, or earth tone. Vibrant primary or florescent colors are prohibited.
                  3)    Dimensional asphalt shingles may only be used on small and medium scale buildings.
                  4)    The city may consider additional or new manufactured materials that meet the purpose of the materials standards in this section on a case-by-case basis.
                  5)    Alternative materials that are consistent with the purpose of this section are durable, coordinated with the architecture of the building, and are of permitted colors as listed in this chapter.
               B)    Flat or screened low-pitched roofing.
Ethylene Propylene Diene Terpolymer (EPDM) or Thermoplastic Polyolefin (TPO) membrane material shall be used.
               C)    Awnings or Fabric Canopies.
                  1)    Awnings or fabric canopies shall be made of canvas or other durable nonglossy outdoor grade fabric in a permitted color listed in section VI. E. 3. Permitted Colors below that coordinates with the overall design of the building.
                  2)    Awnings or fabric canopies in a primary or trademarked color shall not be permitted on any building.
                  3)    Awnings or fabric canopies may contain logos or names in trademarked colors that comply with the sign code.
                  4)    Backlit awnings or canopies are prohibited.
            vii.   Colors.
Color is an important element to enhance the downtown built environment. A building's color should accentuate and harmonize with its architecture as well as complement surrounding structures.
               A)    Permitted Colors.
                  1)    The Development Director or their designee will maintain a palette of preferred colors and color combinations approved by the Planning Commission for reference and guidance in selection of a color palette for new buildings.
                  2)    The base colors used on buildings to cover more than fifty percent (50%) of a facade surface shall be:
                     a)    the natural color of the material in the case of brick or stone,
                     b)    a neutral muted pallet including browns, warm grays, tans, creams, and natural earth tones found in natural stone, or fired earth products (i.e. brick, tile, etc.);
                     c)    a pastel pallet including pale blues, greens, oranges, pinks, yellows; or
                     d)    Deep saturated hues including dark blues, greens, reds, and browns.
                  3)    Primary, bright, or vivid colors shall be reserved for limited use as trim or accents.
                  4)    Any proposed color scheme including but not limited to those with trademarked colors or colors affiliated with a brand that is not consistent with these standards may be approved by the Planning Commission by a 2/3rds vote.
               B)    Prohibited Colors.
Florescent, metallic, day-glow, neon, or reflective colors shall be prohibited.
               C)    Color and Material Variation.
                  1)    Each primary facade shall be limited to a combination of one primary material and two (2) accent materials; additional materials may be used for trims based on the material most appropriate for the trim's location and purpose.
                  2)    When surfaces are painted, colored, or otherwise do not correspond to the material, each building facade shall be limited to a combination of no more than four (4) coordinated or complementary colors as listed above.
                  3)   Each building may include a maximum combination of five (5) colors and/or materials.
                  4)    Context and Compatibility.
The colors and materials of existing contributing buildings shall be considered in the selection of colors and materials of new infill buildings. Incorporation of at least one existing material into the new design shall be required to promote consistency and compatibility with the district.
         b.    Mechanical Equipment Utilities and Waste Storage.
Mechanical equipment shall be screened and/or incorporated into the architectural design of the building.
            i.    Rooftop Equipment.
Rooftop equipment, including solar panels shall be located in a manner so that it shall be screened from view of the public. It shall be screened by appropriately designed parapet walls, or other rooftop features such as cupolas that are architecturally integrated with the overall design of the structure.
            ii.    Utility Housings.
Utility housings should be structurally integrated with other trim or detailing in a manner that enhances the architectural style of the structure. Visible utility housings, junctions, and other exterior duct work or conduits shall be painted or permanently colored to match the basic building material color on which it is located:
 
Illustration Y. Painted concealed utilities at the rear of a building.
            iii.    Solar Panels.
               A)    Solar panels may be installed on flat rooftops as canopies creating usable roof deck space, provided they do not exceed the buildings maximum height standards or are concealed from street view by parapets like other rooftop equipment.
               B)    To allow for innovative products and application of solar panels into other design features in the downtown, solar panels which are architecturally integrated into a building's facade or as a visible canopy feature will require approval by the Planning Commission.
            iv.   Solid Waste.
               All waste bins should be enclosed with a structure compatible with the primary building. Include protection from vehicular damage with bumpers or curbs when located near vehicular access areas. Ensure easy access from the building.
      5.    Architectural Rhythm and Relationship to Surroundings.
New and infill buildings shall be designed to fit into the established scale and character of the Downtown Redevelopment District. The following standards provide for consistency without encouraging monotony or repetition of facades. New development shall employ a minimum of four (4) of the techniques described below to create compatibility with surrounding and adjacent developments. However, in a case where the existing adjacent buildings are not in conformance with the standards of the zoning code, new structures shall be designed to conform to the more restrictive elements of these standards and not reiterate inappropriate elements incorporated in existing structures.
         a.    Use similar building setbacks.
         b.    Use different building height.
         c.    Use similar building width.
         d.    Use similar window styles, rhythm, and alignment.
         e.    Use similar roof form.
         f.    Use similar facade articulation
         g.    Use similar building materials
         h.    Use complimentary but not matching colors
      6.    Sustainability.
The following guidelines are provided to encourage and promote environmentally sustainable building practices in the Downtown Redevelopment District:
         a.   New construction should take advantage of passive designs for improving sustainability. Building orientation is an easy way to take advantage of energy efficiency with natural lighting and ventilation. Sustainable design can be easily incorporated with the preservation and reuse of existing buildings to maintain the traditional character of the town.
         b.    Buildings should maximize energy efficiency and conservation opportunities.
         c.    New construction should maximize window design to provide daylighting into interior spaces. When building depths or locations limit window placement, skylights and interior atriums should be used.
         d.    Energy generating devices, such as solar collectors and, wind turbines are notable features, but they must remain visually subordinate to the traditional character of the building.
         e.    Inclusion of a “green roof" should be considered to reduce storm water run-off and to reduce the "heat island" effect.
         f.    Incorporate elements that allow for passive cooling such as operable windows for natural ventilation and the introduction of solar screens to block out intense heat.
         g.    The use of locally manufactured, sourced, and recycled materials is encouraged to reduce fuel consumption for transportation, and reduce costs, and fit into the local architectural vernacular by using local materials. (Ord. 28-18. Passed 7-17-18.)

1147.99 PENALTY.

   If any provision of Chapter 1147 is violated, the Director of Zoning or his/her authorized representative may order that the property come into compliance within seven (7) days of the order, or the owner shall be fined ten dollars ($10.00) for each day the violation exists thereafter. Where any shrub, hedge or tree trimming is not done within seven (7) days after notice by the Director of Zoning or his/her authorized representative, the employees of the City may enter upon the property and trim the shrubbery, hedges, or trees at the expense of the property owner. Any shrub, hedge, or tree found to be located upon public property may be removed by the City at any time.
(Ord. 26-18. Passed 7-17-18.)