Hebron City Zoning Code
TITLE FIVE
ADDITIONAL ZONING STANDARDS
1147.01 SWIMMING POOLS.
(a) A private swimming pool is permitted in any residential district as an accessory use. The pool shall not be located in the front yard of the property and shall conform to all required setback lines.
(b) A public swimming pool is permitted in those districts which permit outdoor recreational facilities and similar uses, subject to applicable district regulations.
(c) All swimming pools shall be completely enclosed by a fence, which shall be a minimum of forty-eight (48) inches in height. Openings in the fence shall not allow passage of a four (4) inch diameter sphere.
(d) Any lighting used to illuminate swimming pool areas shall be so arranged as to deflect the light away from adjacent properties.
(e) No person, firm or corporation shall construct or install a swimming pool or make any alteration thereto without first obtaining a zoning certificate.
(Ord. 19-20. Passed 11-4-20.)
1147.02 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
The open storage and display of material and equipment incidental to permitted or conditional uses in commercial and manufacturing districts shall be permitted, provided the area used for open storage and display shall be effectively screened from all adjoining properties in any residential district by means of walls, fences, or plantings. Walls or fences shall be one hundred percent (100%) percent opaque and located behind the building line. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon and shall not include chain link fences. (Ord. 19-20. Passed 11-4-20.)
1147.03 PUBLIC NUISANCE REGULATIONS.
Every structure or use subject to the provisions of this Planning and Zoning Code shall be located, arranged and operated in accordance with the following provisions so that it will not interfere with the development and enjoyment of adjacent property:
(a) Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire protection and prevention equipment, compliant with applicable regulations for safe storage and handling, and stored in such manner and at such distance as to not pose any immediate threat to adjacent properties.
(b) Radioactivity or Electrical Disturbance: All activities involving emissions of radioactivity or electrical disturbances adversely affecting the operation of any equipment are strictly prohibited within the Village.
(c) Toxic and Hazardous Substances: No toxic substance shall be emitted or otherwise discharged into the atmosphere, ground, surface waters or ground waters. No storage, use or transport of toxic or hazardous substances shall be permitted unless such activity is in full compliance with applicable state and federal environmental protection regulations and the expressed prior written approval of the Fire Chief.
(d) Air Pollution: No pollution of air by fly ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(e) Glare: No direct or reflected glare shall be permitted which is visible from any property or from any public street. In residential districts, no exterior light which is used as a yard light, decorative light, security light, or other light left continually on during darkness shall exceed one hundred (100) watts.
(f) Erosion: No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(g) Refuse: The storage of trash and waste materials, including, but not limited to, discarded household goods, discarded commercial products, industrial byproducts, and other similar materials shall not be visible from the property line, excepting trash that is properly placed in an appropriate enclosed container at an assigned location for regularly scheduled trash pickup. All such materials shall be housed in an appropriate opaque container or enclosure. All containers shall be removed from the public right-of-way and returned to the side or rear setbacks of the property within twenty-four (24) hours from the date of the scheduled refuse pickup.
(h) Junk: The accumulation or storage of junk at any place except in a wholly enclosed building or structure shall be prohibited, provided, however, that this shall not apply to a junkyard or scrap metal processing facility.
(i) Junk Motor Vehicles: The accumulation or storage of a junk motor vehicle or vehicles shall be prohibited, except in a wholly enclosed building or structure, and further excepting that this subsection shall not apply to a junkyard or scrap metal processing facility.
(j) Lawns: All lawns shall be maintained as frequently as necessary to maintain a height not greater than eight (8) inches.
(k) Enforcement: All violations of this section may be corrected by the Village at the property owner's cost. Any such charges which remain unpaid by the property owner for thirty (30) days after the nuisance is abated may be collected in any manner provided by law and shall be certified by the Village to the Licking County auditor to be charged as a lien against the property. Violations occurring on construction sites may result in the issuance of a stop-work order until the site is brought into compliance.
(l) Penalty: Whoever violates any provision of this section is guilty of a minor misdemeanor. Each day that such violation continues shall constitute a separate offense.
(Ord. 19-20. Passed 11-4-20.)
1147.04 LAND DEDICATIONS AND IN-LIEU FEES.
(a) Land Dedication: The Planning and Zoning Board may dedicate private land in any platted subdivision for the provision of public areas. Such public areas shall be used for the purpose of providing space for parks, open space, public services, recreational areas, and other public uses. The amount of acreage to be set aside shall comply with the following schedule:
PERCENT OF | |
ZONING DISTRICT | NET DEVELOPABLE SITE |
R-1 | 2.5% |
R-2 and R-3 | 5.0% |
PRD PUD | 20.0% |
Dedicated lands may be deeded to the Village and thereby developed and managed by the Village or held, developed and maintained by a private association, the bylaws and creation of which shall be by approval of the Village Council as an element of the subdivision platting process. Title to dedicated land shall be transferred to the Village within sixty (60) days of final plat approval.
(b) Review and Approval Process: Land dedication shall serve as a component of the subdivision review process of the Village of Hebron. The Planning and Zoning Board may review and reject the proposed acreage if such site(s) is not appropriate for the intended use given environmental, technical or land use considerations.
(c) In-Lieu Fees: The Applicant may request the payment of fees in lieu of the total or a portion of the land dedication to the Planning and Zoning Board. Village Council shall make a final decision on such request following the recommendation of the Planning and Zoning Board. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been otherwise dedicated to the Village.
(d) Payment, Deposit and Use of Fees: In-lieu fees shall be paid to the Village within sixty (60) days following final plat approval. Such fees shall be placed in a special fund, and. such funds shall only be used for the acquisition and development of public parks, recreation facilities, and open space.
(e) Additional Reservation of Public Land: Where adopted planning documents recommend sites for public schools, parks or other public facilities, including open space, such lands shall be set in reserve by the owner for a period not to exceed five (5) years. The school district in the case of a recommended school site may purchase said reserve(s) by the end of the five (5) year period for the fair market value as calculated by a current appraisal prepared by a certified appraiser. The Village may purchase the balance of said reserve(s) by the end of the five (5) year period following transfer of the dedicated land. The fair market value of the balance shall be calculated by a current appraisal prepared by a certified appraiser. Failure to purchase any reserve(s) within the five (5) year period shall revert use of the property to the owner.
(Ord. 19-20. Passed 11-4-20.)
1147.05 FENCES, HEDGES, DECKS AND CARPORTS.
(a) Electrically-Charged Fences Prohibited. Electrically-charged fences shall be forbidden in all districts except on sites of more than ten (10) acres used to confine livestock.
(b) Use of Barbed Wire. Barbed wire may be used only to top standard security fences in commercial and manufacturing districts at a height of six (6) feet or greater, the supports for such barbed wire shall be either vertical or lean inward above the property of the owner of the fence. No barbed wire fence shall be permitted which abuts or is adjacent to any public street or sidewalk.
(c) Chain Link Prohibited. Chain link fences shall not be permitted within front setbacks or side setbacks abutting streets in any district. A coated wire mesh is permitted on the owner's side of the fence.
(d) Location in Front Setbacks. Fences and hedges are prohibited in front setbacks.
(e) Split Rail Fences. Split rail corner accent fences may be permitted on approval of the Community Development Coordinator.
(f) Height Restriction in Rear and Side Yards. Fences in rear setbacks and side setbacks not abutting streets shall not exceed six (6) feet in height in residential districts, and twelve (12) feet in height in commercial or manufacturing districts. Fences within rear yards may extend up to the rear property line. Fences within side yards shall be setback at least three (3) feet from any adjacent property line, or, if the property is adjacent to a public sidewalk or street, at least one (1) foot from the public sidewalk or street.
(g) Permit Required. No fence shall be erected, constructed, altered, relocated or rebuilt until an application has been filed with and a permit issued by the Community Development Coordinator.
(h) Materials and Maintenance. All fences shall be of uniform design, well maintained, and harmonious and appropriate in appearance with the existing character of the immediate area where located. Visibility into and out of any driveway or street shall remain unobstructed. Fences, walls, hedges, or foliage erected or maintained above or within utility easements shall be subject to removal, as necessary, to provide access to such easements. Property owners are responsible for maintenance of all grass, trees, shrubbery, and other landscaping up to their property lines, including any such land located beyond fences and/or between adjacent fences.
(i) Exemptions for Temporary Fences. The following temporary fences shall be exempt from the provisions of this section:
(1) Temporary construction fences when such fence is indicated on an approved site plan.
(2) Temporary fences used for Special Events and shown on an approved plot plan for said event.
(3) Temporary snow fence installed by any Government agency.
(4) Temporary fences installed for the protection of the public from any obvious danger.
(j) Decks. No deck shall be erected, constructed, altered, relocated or rebuilt until an application has been filed with and a permit issued by the Community Development Coordinator. Decks shall conform to the required front and side yard setbacks, and may protrude into the rear yard setback.
(k) Carports. Carports may be allowed in residential districts in the side yard setback or rear setback provided that all other applicable district regulations are complied with.
(Ord. 11-24. Passed 4-10-24.)
1147.06 RESTRICTIONS ON THE KEEPING OF FARM ANIMALS.
(a) Purpose. The regulations of this section are established to permit the keeping of farm animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe within the Village of Hebron.
(b) Definitions. As used in this section:
(1) "Farm animal" means any domestic species of animal that is typically kept and raised for use as food or in the production of food or in the operation of a farm and is not a house pet such as a dog, cat, or similar animal.
(2) "Coop" and "cage" mean a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small farm animals or birds.
(3) "Enclosure" means a set of walls or fences designed to confine farm animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area.
(4) "Predatory bird" means an owl, hawk, falcon, eagle, or similar bird that feeds principally by catching living prey.
(5) "Similar animal" means any farm animal that is similar to other animals listed in a particular category of permitted animals with respect to impacts on nearby properties, including noise, odors, safety hazards, or other nuisances.
(c) Chickens, Ducks, Rabbits, and Similar Animals. The keeping of chickens, ducks, rabbits and similar farm animals, and cages, coops, and enclosures for the keeping of such animals, shall be governed by the following regulations.
(1) Multi-Family Residential (R5). The keeping of farm animals in the R5 Multi-Family Residential District shall be a prohibited use.
(2) Residential Districts. In all other Residential Districts, the following regulations shall apply:
A. Number. No more than one (1) such animal shall be kept on a parcel of land for each two thousand (2,000) square feet of parcel or lot area. For example, in a standard minimum lot area of 14,000 square feet on a parcel located within the R1 District, this regulation would permit no more than a total of seven (7) such animals.
B. Setbacks. The coops or cages housing such animals must be located exclusively in the rear yard setback of any residence and shall not be located within five (5) feet of the rear lot line. No coops, cages, or farm animals shall be kept in front yard or side street yard areas. Subject to and notwithstanding these requirements, no coops or cages housing farm animals shall be kept in a location situated closer to a neighboring residence than the residence on the lot or parcel on which the coops or cages are located.
C. Prohibitions. No roosters, geese, predatory birds, or turkeys may be kept in any Residential District.
D. Coops and Cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials or vehicles. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages, singly or in combination, shall not exceed fifteen (15) feet in height.
E. Enclosures and Fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each bird.
(3) Non-Residential Districts. In zoning districts other than the permitted Residential Districts identified above, and specifically excluding R5, all regulations applicable for chickens, ducks, rabbits, and similar animals shall apply except that the number of such animals shall be limited to one (1) animal for each one thousand (1,000) square feet of lot area.
(d) Goats, Pigs, Sheep, Equine, Alpacas, Llamas, Bovine, and Similar Animals. The keeping of goats, pigs, sheep, equine, alpacas, llamas, bovine, and similar farm animals, and stables and enclosures for the keeping of such animals, shall be governed by the following regulations:
(1) Residential Districts - R1 through R4. Goats, pigs, sheep, equine, alpacas, llamas, bovine, or similar farm animals shall only be kept on parcels of land equal to or greater than two (2) acres in the R1 District,. Such animals must be located exclusively in the rear yard setback of any residence. For a parcel that is at least two (2) acres in area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each additional one (1) acre of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel.
(2) Non-Residential Districts. In zoning districts other than the permitted Residential Districts identified above, and specifically excluding R5, goats, pigs, sheep, equine, alpacas, llamas, bovine, or similar farm animals shall only be kept on parcels of land equal to or greater than two (2) acres in area. For a parcel that is at least two (2) acres in area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each additional one (1) acre of area. Stables or other enclosures for such animals shall be set back at least forty (40) feet from any street and from any property and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel.
(e) Vacant Lots. Farm animals shall only be kept on lots occupied as a full-time residence by the property owner. Farm animals are expressly prohibited on any vacant lots and/or within any vacant buildings as defined by Chapter 1165.
(f) Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.
(g) Farm Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.
(h) Slaughtering of Animals. Chickens, ducks, rabbits, and similar small animals may be slaughtered on site only if for consumption by the owner-occupants of the premises. No other farm animal may be slaughtered on site. Chickens, ducks, rabbits, and similar small animals must be slaughtered indoors and in a manner that limits odor, the attraction of insects or rodents, does not cause a nuisance, and does not create a health hazard. Waste disposal must be completed in conformance with the applicable water and sewer provider and the Licking County Health Department.
(i) Application for Permit and Review. A proposal for the keeping of farm animals is subject to approval by the Community Development Coordinator as follows:
(1) Contents of Application. The application for a Permit to keep farm animals under this section shall contain as a minimum:
A. Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
B. Proposed purpose for keeping farm animals on the applicant's property, including but not limited to farming needs, food production, slaughtering, and/or for keeping as pets.
C. A statement indicating whether any business open to the public will be conducted in conjunction with the proposed keeping of farm animals, including whether any home occupation has been approved for such purpose.
D. The Community Development Coordinator may require a current survey of the property prepared by a licensed surveyor.
E. If any new construction of a cage, coop, or enclosure is proposed, a plan drawn to scale showing:
i. Actual dimensions of the lot, including easements.
ii. Exact size and location of all buildings and structures on the subject lot.
iii. Any proposed new construction and/or alterations.
iv. Existing and intended use of all parts of the land or buildings.
v. As applicable, proposed landscaping and other site design treatment shall be indicated where required under Chapter 1155 (Landscaping and Screening).
vi. A fee, as established by Village Council, shall be paid by the applicant at the time of application to cover the costs of reviewing and reporting of the application. See Section 1105.03(b).
vii. Such other information to be determined by the Community Development Coordinator and/or Planning and Zoning Board as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
(2) Review and Issuance of Permit. No farm animals shall be kept on any property under this section unless and until a Permit shall have been issued by the Community Development Coordinator. The Community Development Coordinator shall issue a Permit once he/she is satisfied that the proposed keeping and use of farm animals and any proposed associated structures conform with all requirements of the Planning and Zoning Code, subject to approval of the Planning and Zoning Board when requested by the Community Development Coordinator. Such Permits shall expire after four (4) years, requiring renewal via a new application meeting all requirements of this section. Subject to the Community Development Coordinator's review and discretion, Permits shall immediately expire and require renewal prior to expiration of the 4-year period if any of the following occurs: additional farm animals beyond those approved in the original Permit application are discovered on the property, inspections of the property reveal that use of the property for the keeping and harboring of farm animals exceeds or conflicts with the purposes approved in the original Permit application, and/or the Permit holder fails to disclose important information necessary to approval of the original Permit application.
(j) Penalty. Whoever violates any provision of this section shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 11-24. Passed 4-10-24.)
1149.01 OFF-STREET PARKING GENERALLY.
The purpose of these requirements for off-street parking, loading facilities, and access drives is to encourage the orderly development of land within the Village and to promote the safety of residents and visitors by ensuring the efficient handling of vehicular traffic.
The following general requirements shall apply for off-street parking and loading areas:
(a) No building, structure, or use shall be established, developed, erected or substantially altered, unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Planning and Zoning Code.
(b) Off-street loading and vehicle storage space shall be provided for the handling of materials and products of commercial and industrial uses.
(c) Such off-street parking, loading and vehicle storage spaces shall be provided with vehicular access to a publicly dedicated street or alley. (Example: a home with a one car garage and single lane driveway shall be considered to have only one parking space.)
(d) Such required facilities, additional space provided, and access drives thereto, including required curb cuts, shall be sloped and constructed to provide adequate drainage of the area, a, and maintained in such a manner that no dust will be produced by continuous use. The design and construction of all such facilities shall be subject to approval by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1149.02 DIMENSIONS.
(a) Parking Spaces. All parking spaces subject to the provisions of this Planning and Zoning Code, exclusive of driveways and aisles, shall meet the following minimum area and space dimensions:
TYPE OF PARKING SPACE | MINIMUM WIDTH (feet) | MINIMUM LENGTH (feet) | MINIMUM AREA (square feet) |
90-degree parking | 10 | 20 | 200 |
Parallel parking | 10 | 23 | 230 |
60-degree parking | 10 | 20 | 200 |
45-degree parking | 10 | 20 | 200 |
(b) Parking Aisles. Minimum widths as follows:
TYPE OF PARKING | MINIMUM AISLE WIDTH (Feet) |
90-degree parking | 22 |
Angle parking | 18 |
Parallel parking on one-way drive | 14 |
(Ord. 19-20. Passed 11-4-20.)
1149.03 SCHEDULE OF PARKING SPACES.
The following are the minimum number of off-street parking spaces required for each type of use:
(a) Residential:
(1) Single-Family, Two-Family, and Multi-Family Dwelling: 2 spaces per dwelling unit.
(2) Bed and Breakfast Inns: 2 spaces, plus 1 space per guest room.
(3) Residential Care Facility: 1 space per 2 beds.
(b) Commercial:
(1) Motor Vehicle Service Stations, Automotive Repair Services and Garages: 2 spaces per each gasoline pump and 4 spaces per each service bay.
(2) Hotels, Motels: 1 space per guest room, plus 1 space per every two employees.
(3) Funeral Homes, Mortuaries and similar type uses: 1 space for each 100 square feet of floor area in viewing rooms, parlors, or service rooms.
(4) Retail Stores: 1 space for each 400 square feet of floor area.
(5) Banks, Financial Institutions and similar uses: 1 space for each 400 square feet of floor area.
(6) Offices, public or professional administration or service buildings: 1 space for each 400 square feet of floor area.
(7) Shopping Centers: 5 spaces for each 1,000 square feet of floor area.
(8) Beauty Parlors and Barber Shops: 3 spaces for each chair.
(9) Laundromats: 1 space for every two washing machines.
(c) Community, Recreation, Entertainment:
(1) Dining Rooms, Restaurants, Taverns: 1 space for each 100 square feet of dining floor area.
(2) Restaurants - Fast Food, Drive-In, or Take-Out: 1 space for each 100 square feet of dining floor area.
(3) Bowling Alleys: 2 spaces for each alley or lane.
(4) Outdoor Swimming Pools: 1 space for every five (5) persons within capacity.
(5) Auditoriums, Sports Arenas, Theaters: 1 space for every four (4) seats.
(6) Libraries and Museums: 1 space for each five hundred (500) square feet of floor area.
(d) All Other Uses, or Any Combination of Uses: Subject to determination by the Planning and Zoning Board.
(Ord. 19-20. Passed 11-4-20.)
1149.04 DEVELOPMENT STANDARDS.
The following requirements are minimum standards, except where noted, and shall apply to all public or private off-street parking areas, including commercial parking lots and automobile or trailer sales lots:
(a) Minimum Distance. No part of any parking area for more than five (5) vehicles shall be closer than twenty (20) feet to any dwelling unit, school, hospital or other institution for human care located on an abutting or adjoining lot, unless separated by a solid wood privacy fence or other approved screening of between four (4) and six (6) feet in height.
(b) Location Relative to Use. Off-street parking facilities shall be located on the same lot as the structure or use served, except that a parking facility providing the sum of parking space required of several uses may be provided contiguous and in common to the several structures and uses served. Parking spaces may be located on a lot other than that containing the principal use provided it is within three hundred (300) feet of the principal use, with the approval of the Planning and Zoning Board, and subject to meeting all applicable requirements of this Ordinance.
(c) Parking Lot Layout. All parking areas shall be subject to approval by the Community Development Coordinator. Whenever a parking lot extends to a property line or where the extension of a vehicle beyond the front line of the parking space would interfere with drive or aisle access, wheel blocks or other devices shall be used to restrict such extension.
(d) Surfacing. All off-street parking areas shall be graded for proper drainage and surfaced with concrete, asphaltic concrete, premixed asphalt pavement, blacktop, or brick so as to provide a durable and dustless surface. Off-street parking area designs shall be reviewed and approved by the Village Engineer prior to issuance of a Certificate of Zoning Compliance.
(e) Illumination. All off-street parking areas intended to be used during periods of darkness shall be properly illuminated so as to reflect light away from adjacent properties, with an average intensity of two and one-half (2 ½) foot candles as measured at the parking surface area.
(f) Vehicular Access. All off-street parking areas shall be provided with direct vehicular access to a street or alley abutting the property upon which the off-street parking area is provided or to an adjacent off-street parking area.
(g) Conversion of Dwelling or Other Structure. Whenever a structure which is located in a commercial or manufacturing district is converted from a residence, or residential accessory building, to a commercial use, all or in part, provisions for parking shall be located in the rear set back.
(Ord. 19-20. Passed 11-4-20.)
1149.05 ACCESS DRIVES.
The frequency of access points along thoroughfares in the Village of Hebron is to be minimized to reduce vehicle and pedestrian conflict and improve traffic flow. The Thoroughfare plan for the Village of Hebron and the Thoroughfare plan for Licking County shall be reviewed to determine access drive spacing. Access drives (driveways) leading to and from Village streets shall be developed according to the following standards:
(a) Residential Access Drives. Access drives shall be designed to serve one per residence. Access drives less than one-hundred-twenty (120) ft. in length (property line to garage door) serving a single family residence shall be a minimum of eighteen (18) feet in width. Access drive entrances at a street shall be a minimum of eighteen (18) feet in width. All access drives shall not exceed twenty-five (25) feet in width, except at curb returns.
(b) Commercial Access Drives.
(1) An access drive serving a property located in a commercial or manufacturing district, which is expected to have a traffic frequency of more than five (5) trucks in a twenty-four (24) hour period, shall be so designed to allow a maximum length semi-type truck and trailer to make a right turn without crossing the centerline of the street being accessed.
(2) Access drives serving flag lots shall have a minimum right-of-way of thirty-five (35) feet and a minimum pavement width of twenty (20) feet. Upon approval of the Planning and Zoning Board and issuance of a Variance, the access drive for a flag lot may be located within three (3) feet of a side lot line.
(3) Access drives serving as frontage roads to limited access thoroughfares shall be constructed with a minimum pavement width of twenty-four (24) feet. Upon approval of the Planning and Zoning Board, the minimum sixty (60) feet right-of-way required for minor collector streets may be reduced, provided adequate width of right-of-way is allowed for one (1) sidewalk, curbs and gutters are included, and provisions made for present and future utilities.
(c) Spacing. Spacing of access drives shall conform to the recommendations of the Licking County Thoroughfare Plan and the Village of Hebron Subdivision Regulations.
(d) Side Lot Lines. An access drive, exclusive of curb returns, shall be located no less than ten (10) feet from the side lot line, except that an access drive for a residential use may be within three (3) feet of a side lot line. Access drives for any uses utilizing a common drive may be adjacent to and coterminous with a side lot line.
(e) Quantity Permitted. The number of access drives shall be kept to a minimum to promote safe and reasonable access, improve the convenience and ease of movement of travelers, and permit reasonable speeds and economy of travel while maintaining roadway capacity. For lots with less than two hundred (200) feet of frontage on public right(s) of way and with less than five (5) acres in total area, no more than two (2) access drives shall be permitted. For lots with more than two hundred (200) feet of road frontage on public right(s)of way and greater than five (5) acres in total area, additional access drives may by permitted by the Planning and Zoning Board.
(f) Surfacing. All access driveways shall be graded for proper drainage and surfaced with concrete, asphaltic concrete, premixed asphalt pavement, blacktop, or brick so as to provide a durable and dustless surface. All access driveway aprons shall be graded for proper drainage and surfaced with concrete. Access driveway and apron designs shall be reviewed and approved by the Village Engineer prior to construction.
(g) Maintenance. Private access driveways serving a PRD, PCD, PID, PUD, multi-family developments, or commercial developments shall be maintained reasonably free of potholes and surface irregularities that would inhibit or prevent access by emergency vehicles.
(h) Repair Notice. When the Community Development Coordinator finds that an access driveway has not been maintained as set forth in Section 1149.05(g), the Community Development Coordinator shall notify the owner of the access driveway. Such notice shall advise that repairs be made within sixty (60) days, weather permitting. Failure to complete repairs within the required time period constitutes a violation of this Planning and Zoning Code, subject to the penalties provided in Section 1105.12.
(Ord. 19-20. Passed 11-4-20.)
1149.06 OFF-STREET LOADING.
(a) Classification. The loading space shall consist of a rectangular area of one (1) of the following classes:
(1) Class A: An area at least fourteen (14) feet by fifty-five (55) feet having a vertical clearance of fifteen (15) feet or more, plus adequate area for ingress and egress.
(2) Class B: An area at least twelve (12) feet by thirty (30) feet having a vertical distance of fifteen (15) feet or more, plus adequate area for ingress and egress.
(b) Schedule of Loading Spaces. Loading space shall be provided for retailing, wholesaling, warehousing, processing, hotel, hospital, goods display, and similar uses requiring the receipt or distribution by vehicles of material or merchandise in accordance with the following schedule:
BUILDING AREA (square feet) | REQUIRED CLASS |
Less than 750 | None required |
750 to 1,499 | (1) Class B |
1,500 to 2,499 | (1) Class A or (2) Class B |
2,500 to 9,999 | (1) Class A and (1) Class B or (3) Class B |
10,000 to 49,999 | (1) Class A and (1) Class B or (3) Class B, plus (1) Class A for each 10,000 sq. ft. over the first 10,000 sq. ft. of area |
More than 50,000 | (1) Class A for each 10,000 sq. ft. over the first 10,000 sq. ft. of area, plus (1)a Class A for each 25,000 sq. ft. over the first 50,000 sq. ft. |
(Ord. 19-20. Passed 11-4-20.)
1149.07 LIMITATION OF PARKING IN RESIDENTIAL AND COMMERCIAL DISTRICTS.
The provision of open or enclosed storage of vehicles or trailers in a residential, commercial, planned residential, or planned commercial zoning district shall be subject to the following:
(a) Definitions. As used in this chapter:
(1) "Commercial Vehicle" means any vehicle designed to be used for business or commercial purposes including but not limited to buses, cement trucks, commercial tree trimming equipment, construction equipment, dump trucks, garbage trucks, panel trucks, semi tractors, semi-trailers, or other commercial trailers, stake bed trucks, step vans, tank trucks, tow trucks, or other commercial vehicles eligible to be licensed by the State Bureau of Motor Vehicles as a commercial vehicle or truck.
(2) "Recreational Vehicle" means any vehicle or equipment designed for or primarily used for recreational purposes including but not limited to travel trailers, motor homes, truck campers, tent trailers, boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational trailers, or other trailers designed for the purpose of carrying recreational vehicles.
(Ord. 11-24. Passed 4-10-24.)
(b) Commercial Vehicles.
(1) No Commercial Vehicle shall be parked on any street, alley, lot, highway or right-of-way, except for loading and unloading.
(2) No motor vehicle shall be parked with its engine running for more than twenty (20) consecutive minutes.
(3) Trucks having more than two (2) axles, or weighing more than three (3) tons, designed for the transportation of cargo or commercial use and including tractor-trucks, school buses, trailers, or semitrailers shall not be permitted to be parked on a street, alley, or lot in a residential area, except for loading and unloading.
(4) In Neighborhood Commercial (NC) and General Commercial (GC) Districts, overnight parking of Commercial Vehicles weighing over five (5) tons is prohibited. A screened parking area or garage shall be provided in the rear set back and the vehicles shall be owned or leased by the establishment on which premises they are parked. Such parking requires prior approval by the Planning and Zoning Board.
(5) No motor vehicle shall be parked on a sidewalk or within twenty (20) feet of an intersection is prohibited.
(c) Travel Trailers, or Other Trailer or Motor Home. Travel trailers, or other trailers or motor homes shall not be permitted to be parked on any street, alley, or highway or right-of-way, except for loading and unloading.
(d) Recreational Vehicle Parking. Recreational Vehicles shall be parked in the rear setback in any Zoning District. Not more than three (3) Recreational Vehicles shall be parked on any Residential (R-1 through R-5) lot. Parking of all Recreational Vehicles in commercial zoning districts is prohibited unless a screened parking area is provided and such parking is approved by the Planning and Zoning Board. Recreational Vehicles may be parked in driveways and side setbacks during the months of April through October with appropriate permit application.
(e) Inoperable Vehicles. Requirements regarding inoperable vehicles are found in the Codified Ordinances of Hebron.
(f) Garages Required. Garages shall be required in all residential districts subject to the following minimum standards:
(1) All single-family dwellings shall have a 2 car enclosed garage. (400 sq. ft. min.)
(2) For multi-family dwellings, at least one (1) space shall be provided in a completely enclosed garage for each dwelling unit provided, however, that carports may be provided in lieu of completely enclosed garages with the approval of the Planning and Zoning Board.
(Ord. 19-20. Passed 11-4-20.)
1149.08 COMMERCIAL PARKING ON RESIDENTIAL PROPERTY.
Employee/client parking to serve commercial, office or industrial enterprises may be permitted as a conditional use in residential districts with the approval of the Planning and Zoning Board, provided that:
(a) The area to be used for parking shall directly abut the land zoned for commercial, office or industrial uses; and
(b) The residentially zoned land used for such parking shall not contain any dwellings; and
(c) Such parking is for passenger vehicles only. This does not include buses, semi-trucks, or other commercial vehicles or trailers.
In granting such approval the Planning and Zoning Board shall require a site plan of the proposed parking area including required landscaping, buffering and screening, landscaping, or buffering as it deems necessary to minimize the impact on adjoining properties. The Board shall review all such requests subject to Chapter 1113, Conditional Uses.
The owner of a parcel of land, or combined parcels of land, zoned residential (R-1 through R-5) may stop, park, or leave standing only one Commercial Vehicle in the driveway of his or her residential parcel if the property owner uses the Commercial Vehicle as the primary and daily source of transportation. The length of the Commercial Vehicle shall not exceed twenty (20) feet and shall not have more than two axles. No other Commercial Vehicles may be stopped, parked, or left standing on any parcel of land, or combined parcels of land, zoned residential.
(Ord. 19-20. Passed 11-4-20.)
1151.01 PURPOSE.
The purpose of these provisions is to allow limited home occupations that are accessory to residential uses and compatible with surrounding neighborhoods. The standards provided are intended to ensure that the accessory home occupation remains subordinate to the residential use, and to maintain the residential character of the surrounding neighborhood.
(a) Type A and Type B Home Occupations. There are two types of home occupations, Type A and Type B. Uses are allowed as home occupations only if they comply with all of the requirements of this chapter.
(1) Type A. A Type A home occupation is one where the residents use their home as a place of work; however, no employees or customers come to the site. Examples include artists, crafts people, writers, consultants, and employees performing remote work (work-from-home) for an outside employer engaging in virtual client and/or customer meetings. Type A home occupations also provide an opportunity for a home to be used as a business address but not as a place of work.
(2) Type B. A Type B home occupation is one where at least one employee at the home (a resident) engages regularly with at least one customer or client who travels to the home to receive professional services from the employee. Examples include counseling, tutoring, daycare, and hair cutting and styling.
(b) Permit Required. Type A home occupations, as defined above and as determined by the Community Development Coordinator, shall not require a permit. Permits for Type B home occupations must be obtained from the Village prior to their establishment, to ensure the following:
(1) That the applicant is aware of the provisions of this chapter which govern home occupations.
(2) That the Village has all information necessary to evaluate whether the proposal initially meets and continues to meet Planning and Zoning Code regulations.
(3) That the distribution and location of Type B home occupations can be documented. (Ord. 11-24. Passed 4-10-24.)
1151.02 PROCEDURE AND STANDARDS.
(a) Application. Written applications for Type B home occupations shall be submitted to the Community Development Coordinator and subject to review and approval by the Planning and Zoning Board. If granted, a home occupation permit will be issued by the Community Development Director for a four (4) year period. It is the responsibility of the applicant to obtain the permit every four (4) years. Any change in ownership or type of business shall also result in the need for a new permit.
(b) Requirements. The following requirements shall apply to all home occupations:
(1) The home occupation shall only be conducted within a principal structure, and the primary use of the principal structure must continue as a residence.
(2) The external appearance of the principal structure shall not be materially altered as a result of the home occupation.
(3) No more than one (1) non-resident employee shall be engaged in such home occupation.
(4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference, including radio and television interference, to any neighboring properties. No collection/storage of hazardous materials associated with the business is permitted.
(6) Outside storage of any materials is prohibited.
(7) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements specified under Chapter 1149, and shall not be located in front of the building line. No excess trash, refuse, or waste shall be generated in greater volume than would normally be expected in a residential neighborhood.
(8) Home occupations must satisfy all applicable operational licensing and regulatory requirements in order to receive approval and maintain operation in the Village. (Ord. 11-24. Passed 4-10-24.)
1151.03 YARD SALES.
Yard sales are considered temporary home occupations for purposes of this Planning and Zoning Code, permitted in residential areas with an approved permit (no fee), provided that such yard sale lasts no longer than three (3) calendar days. There shall be no more than three (3) yard sales per year per residential lot containing a dwelling unit.
(Ord. 11-24. Passed 4-10-24.)
1151.04 PROHIBITED USES.
The following uses are specifically prohibited as home occupations:
(a) The servicing of or performing mechanical work on, from which an income is derived, automobiles, motorcycles, boats, or other motorized vehicles.
(b) Bed and breakfast inns are exempt from the regulations of this chapter. The regulations for bed and breakfast inns are stated in Chapter 1161.
(c) New or Used Vehicle Sales.
(Ord. 11-24. Passed 4-10-24.)
1153.01 PURPOSE.
The purpose of this Chapter is to provide standards for signs to safeguard life, health, property, safety, and public welfare, while encouraging creativity, variety and compatibility, and enhancement of the Village's image. The provisions of this chapter are intended to:
(a) Encourage creative and well-designed signs that contribute in a positive way to the Village's visual environment, express local character, and help develop a distinctive image for the Village;
(b) Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood. Signs should be compatible and integrated with the building's architectural design and with other signs on the property;
(c) Prevent signs from becoming a distraction or obstruction to the safe flow of pedestrian and vehicular traffic;
(d) Encourage a healthful economic and business environment in the community;
(e) Limit the height and size of signs to those that are appropriate in scale to the community;
(f) Provide adequate way finding signage for motorists and pedestrians, and
(g) Reduce visual clutter.
In order to protect the general health, safety, and welfare of the Village, its residents, and the business located in the Village, all signs located within the Village are subject to the rules and regulations of this Chapter.
(Ord. 19-20. Passed 11-4-20.)
1153.02 APPLICABILITY.
(a) Generally. Except as otherwise provided in this section, all signs placed, erected, installed, painted, modified or altered in the Village of Hebron shall conform to the standards set forth in this chapter and shall require a permit in accordance with Section 1153.09 of this chapter. Erection, modification, alteration, placement, replacement or other action involving a sign that is in any way inconsistent with this chapter shall be a violation of the Zoning Code.
(b) Sign Standards. The sign standards provided in this Chapter are intended to apply to signs in each zoning district in the Village. Only signs authorized by this Chapter shall be allowed.
(c) Existing Signs; Continuance. Except as otherwise specifically provided, nothing in this Chapter shall require removal or discontinuance of an existing on-premises or existing off-premises sign. No existing signs shall be enlarged or extended without a permit. Nonconforming signs shall not be enlarged or extended and these signs shall be deemed a nonconforming sign under the terms of the Zoning Code
(d) Nonconforming Signs.
(1) Any legal nonconforming sign may be continued in use if maintained in accordance with this subsection Chapter.
(2) All pre-existing illegal nonconforming signs must be removed in accordance with this sub-section. The Community Development Coordinator shall issue an order, to the owner of the sign and/or the owner of the real estate, for the sign to be removed within twenty (20) days. If the sign is not removed timely, the Village may remove the pre-existing illegal nonconforming sign, and the cost of removal shall be paid by the property owner. If the property owner refuses to pay for removal of the sign, the cost of such removal shall be assessed to, and a lien placed upon, the property owner's tax records.
(3) Any illegal nonconforming sign displayed on the premises shall be removed or brought into conformance with the provision of this Chapter before a permit for a new sign may be issued
(4) A legal nonconforming sign is allowed to remain. However, a legal nonconforming sign shall immediately lose its legal nonconforming designation and shall be immediately brought into compliance with this chapter (after application has been made and a sign permit has been issued) or shall be removed when any of the following occurs:
A. The nonconforming sign is structurally altered, enlarged, relocated, or replaced.
B. The nonconforming sign is determined by the Community Development Coordinator to be in a dangerous or defective condition; fails to conform to health and fire codes; is a public nuisance; or has been abandoned, deteriorated; or is in need of repair or replacement.
C. The nonconforming sign face and/or supportive structure is destroyed or damaged in excess of fifty percent (50%) of the combined replacement value of the sign and supportive structure, by any cause.
(5) A nonconforming sign shall not be moved in whole or in part to any other location unless such sign is made to conform to this chapter. If an owner is forced to move a nonconforming sign by Municipal, state, or federal officials for any reason other than enforcement, such sign shall maintain its nonconforming status, but must still adhere to the setback requirements.
(6) Nothing in this section shall prevent the ordinary repair, maintenance, and non-structural alteration of nonconforming signs. Maintaining the nonconforming sign to the exact legal nonconforming design shall be allowed; however, any proposed changes to a nonconforming sign, except for re-facing an existing sign, shall require that the sign be made to conform to the requirements of this chapter. Re-facing an existing nonconforming sign shall not be considered an alteration as long as the re-facing constitutes an exact replica of the existing sign face. The design, color scheme, translucency, graphics and text must exactly match those existing. No structural alterations shall be made in, to, or upon such nonconforming sign, except those required by law to make the sign conform to the requirements of this chapter.
(Ord. 19-20. Passed 11-4-20.)
1153.03 DEFINITIONS.
The following are definitions of specialized terms and phrases used in this chapter and not previously defined elsewhere in the Zoning Code.
Abandoned sign means any sign that advertises a business, leaser, owner, product, service or activity that is no longer located on the premises where the sign is displayed.
Alteration means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
Animated or moving sign means a sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
Awnings and canopies means roof-like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements.
Awning sign means any sign copy or logo attached to or painted on an awning.
Banner or pennant means any non-rigid cloth, canvas, bunting, plastic, paper, or similar material that is mounted to any structure, staff, pole, line, or framing. National, State or municipal flags shall not be considered a banner or pennant.
Blade sign means a small, pedestrian-oriented sign mounted so that the sign face is perpendicular to the face of the building. A blade sign may be hung beneath a canopy or awning.
Building frontage, primary means that portion of the building frontage that faces the street. In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. A single multi-tenant building has one primary frontage, the allowable sign area for which may be distributed at the discretion of the owner; however, in no event shall the combined sign area for all tenants exceed the allowable sign area for the building.
Changeable copy sign means a sign which displays words, lines, logos, or symbols that can change to provide different information. Changeable copy signs include computer signs, reader boards with changeable letters, and time and temperature signs.
Channel letters means three-dimensional individually cut letters or figures whether or not illuminated, affixed to a structure.
Copy means words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
Double-faced sign means a sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.
Edge of roof means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less.
Electronic reader board sign or electronic graphics sign means a sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.
Electronic Sign means any sign that is externally powered to omit light and bring attention to the sign. This sign can utilize any form of technology to function, not including neon. This type of sign would be placed internal to a structure and would be viewable from the street, usually within a window.
External illumination means the lighting of an object from a light source located a distance from the object.
Flashing sign means a sign that contains an intermittent or sequential flashing light source.
Freestanding sign means any sign not affixed to a building. Freestanding signs may be permanent or temporary.
Inflatable device means an object that is blown up with air or gas.
Internally illuminated sign means a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
Joint identification sign means a sign which serves as a common or collective identification for two or more uses located within the same building, or which share a common wall, or for two or more buildings located within a jointly used area, provided the buildings are in close proximity to one another.
Monument sign means a permanent, freestanding sign where the entire bottom of the sign is affixed to the ground, not to a building.
Multiple user building means a development consisting of four or more separate uses or tenancies that share either the same parcel or structure and use common access and parking facilities.
Neon sign means a glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
Nonconforming sign means any sign lawfully erected and maintained prior to the effective date of this Chapter, constructed in conformance with the ordinances and other applicable laws in effect on the date of its construction, but by reason of its size, height, location, design, or construction is no longer in conformance with the regulations of this Chapter.
Nonresidential district means any of the following zoning districts: Neighborhood Commercial (NC); General Commercial (GC); Manufacturing District (M1); and Light Manufacturing and Office District (M2);
Off-premise sign means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the lot or premises on which the sign is located.
On-premise sign means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered on the lot or premises on which the sign is located.
Permanent sign means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Pole sign means a sign mounted on a free-standing pole or other support so that the bottom edge of the sign face is ten feet or more above finished grade.
Portable sign means a sign that is not affixed to a structure or the ground (e.g., A-frame or sandwich board sign).
Projecting sign means a sign that protrudes in a V-shape from the top of the ground floor over the sidewalk, like a traditional theater marquee.
Residential district means any of the following zoning districts: Low Density Residential District (R1); Medium Density Residential District (R2); High Density Residential District (R3); Single Family Dwelling - Zero Lot Line (R4); and Multi-family Residential District (R5).
Roof sign means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
Sign means an object, device display or structure, or part thereof, situated outdoors or indoors, which is used to identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination, or projected image. Unless otherwise noted, the term "sign" includes both on-premises and off-premises signs.
Sign area means the entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed.
Sign height means the vertical distance from the uppermost point of the sign to the finished grade immediately below the base of the sign, including all base and/or other mounting material.
Sidewalk sign means a sign with two faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured, or similar design. These are also known as "A-Frame" signs and are intended to be seen by a pedestrian on a sidewalk rather than by a driver or passenger in a vehicle. Sidewalk Sign may also mean a sign with two faces that are adjoined at some point along the sign frame and the support legs are parallel to the sign (This looks like the letter "T", hence these are also known as "T-Frame" signs).
Stick sign means any type of temporary signs that are placed in the ground and consist of a paper or non-paper corrugated or similar temporary material placed over thin metal or wooden supports.
Temporary sign means any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
Three-dimensional signs means signs that have a depth or relief on their surface greater than six inches.
Vehicle sign means a sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
Wall sign means a sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
Window area means the area shall be computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of windowpanes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.
Window sign means a sign (temporary or permanent), poster, symbol, numerals, or letters, posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within three feet of the window is considered a window sign for the purpose of calculating the total area of all window signs. (Ord. 19-20. Passed 11-4-20.)
1153.04 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
(a) Signs in Public Rights-of-Way. Except as provided herein, no sign shall be erected, constructed, or placed within any public right-of-way or on any tree, pole, post, meter, or similar object located within the public right-of-way. Under no circumstance may any sign that is permitted in the right-of-way interfere with vehicular or pedestrian visibility. Signs interfering with visibility will be removed.
(1) The following signs may be installed in the public rights-of-way without a permit:
A. Signs conforming to the Manual of Uniform Traffic Control Devices;
B. Signs installed by employees or officials of a municipal, state or federal agency in the course of their governmental duties;
C. Signs required by a state or federal statute;
D. Signs required by an order of a court of competent jurisdiction;
E. Public directional and safety signs.
The Community Development Coordinator may remove any sign illegally placed within the right-of-way. The Community Development Coordinator may attempt to contact the owner of the sign and may retain the sign for five (5) days. If the owner fails to contact the Community Development Coordinator or claim the sign within five (5) days, it will be destroyed
(2) Blade signs attached to a building may project a maximum of forty (40) inches over a public right-of-way provided the lowest part of the sign is at least eight feet but no more than fifteen (15) feet above the pedestrian thoroughfare and provided said sign has received a permit from the Community Development Coordinator. Blade signs shall not project over any curb line or street.
(b) Colors. Not more than five (5) colors may be used per sign. For purposes of this Section, black or white shall be considered a color.
(c) Lettering Styles and Sign Coverage. No more than two letter styles or more than three sizes of letters are permitted per sign. Letters may not occupy more than seventy-five percent (75%) of any sign panel.
(d) Measurement of Sign Area.
(1) The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles.
(2) Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
(3) Double-faced (back-to-back) signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed two feet at any point. Only one face of an identical double-faced sign shall be measured when determining maximum allowable area.
The aggregate sign area or display surface of all exterior signs not otherwise described in this chapter, shall not exceed two (2) square feet for each lineal foot of the street frontage of a one (1) story building, or three (3) square feet per lineal foot of street frontage, if more than a one (1) story building. Street frontage is defined as the total width of the side of the building which faces the street, excluding any extension of a building wall beyond the building itself. In the case of a building which does not front a public street, as in shopping centers, the signage shall be determined by the lineal footage of the store front in lieu of street frontage.
(e) Measurement of Sign Height. The height of a sign shall be computed as the distance from the base of the sign at a computed grade to the top of the highest attached component of the sign (including the sign face, sign structure, or any other appurtenance). The computed grade shall be the elevation of the nearest point to the proposed sign location of the crown of the nearest public street providing access; or the grade of the land at the principal entrance to the principal structure on the lot, whichever is higher.
(f) Alterations. No sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter. The repainting of signs shall not be deemed to be an alteration within the meaning of this chapter.
(g) Sign Maintenance. Signs and supporting hardware shall be structurally safe, clean, free of visible defects, and functioning properly at all times. Visible rot or rust, exposed lighting sources or wires, falling parts, or broken and missing parts are prima fascia evidence that a sign is in a state of disrepair. A sign shall maintained such that its condition does not, directly or indirectly, represent a threat to the health or safety of the general public or to persons living on adjoining property or in the area; constitute an unsanitary condition; lend itself to habitation or infestation by rodents, termites or other vermin; represent a threat to property values or to the residential or commercial desirability of adjoining property or other property within the area; or unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the area. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
(h) Notice to Repair. When the Community Development Coordinator determines that a sign exists in a state of disrepair, the he/she shall issue, via regular mail and certified mail, to the owner of the sign and/or the owner of the real estate a notice of such disrepair and the need for corrective action. The repair work shall be accomplished within thirty (30) days of the date of the notice, unless the person undertaking the work files a request with the Community Development Coordinator for an extension. If such request shows diligence and good faith such as ordering materials or signing a contract with a licensed contractor, the Community Development Coordinator may grant an extension for completion of the work. If the Community Development Coordinator believes the lack of repair constitutes a danger to persons or to property other than that of those persons receiving the notice, he/she shall so state in the notice and the Village may seek immediate relief under the Zoning Code or under the laws of public nuisance.
(i) Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
(Ord. 19-20. Passed 11-4-20.)
1153.05 PERMANENT SIGNS.
(a) Residential Districts. Permanent signs in residential districts shall conform to the following standards as well as the other applicable standards of the Codified Ordinances:
(1) Number. No more than one permanent sign may be located on a parcel.
(2) Type. Unless otherwise stated, a wall sign is the only type of Permanent Sign allowed. No sign shall project above the roof line or the cap of parapets of such building, whichever is higher.
(3) Permanent subdivision signs within entrance features are permitted and shall be reviewed and approved as part of a comprehensive sign plan.
(4) Off-premises signs are prohibited.
(5) Maximum area and height. Permanent signs may not exceed four (4) square feet in area or be more than two (2) feet in height.
(6) Illumination. Permanent signs shall not be separately illuminated, unless the sign is installed near a porch light or yard light, which may incidentally illuminate the sign. Permanent subdivision identification signs within entrance features may be lighted by an external source, but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety
(b) Non-Residential Districts. Permanent signs in non-residential districts shall conform to the following standards and all other applicable standards of the Codified Ordinances:
(1) Number.
A. Wall signs. No more than one wall sign shall be permitted per business. A secondary wall sign, no more than seventy-five percent (75%) of the size of the primary wall sign, may allowed if the parcel fronts two or more public streets. No more than one secondary wall sign shall be permitted. No wall sign shall project above the roof line or the cap of parapets of such building, whichever is higher. Blade, awning, and canopy signs shall be considered wall signs.
B. Freestanding signs. No more than one freestanding sign shall be permitted per parcel.
C. Pole signs are allowed in all Non-Residential Districts.
D. Joint identification signs. No more than one primary joint identification sign shall be permitted. A secondary joint identification sign may be permitted if the parcel fronts two (2) or more public streets. No more than one secondary joint identification sign shall be permitted per development.
(2) Maximum area, height, and location.
A. Wall signs. The total area shall not exceed one square foot per one lineal foot of the length of the wall on which the sign is to be attached up to a maximum of thirty-six (36) square feet.
B. Freestanding signs. The total area shall not exceed twenty (20) square feet when located ten (10) feet from the street right-of-way line. For each additional one-foot setback from the street right-of-way line, an additional ten (10) square feet of display area may be permitted up to a maximum of one-hundred-twenty (120) square feet. All sides of the freestanding sign will be considered when calculating the allowable square footage.
C. Freestanding signs. The maximum height shall be fifteen feet (15) in any district.
D. Freestanding signs. No part of a freestanding sign may be located within ten feet of a street right-of-way or within ten (10) feet of the property line. If the adjacent parcel is in a residential district, the freestanding sign must be located within the applicable building setback line.
E. Joint identification signs. The primary joint identification sign shall not exceed one hundred (100) square feet in sign area, a maximum of twenty feet (20) in height, and a minimum setback of fifteen feet (15) from all rights-of-way. A secondary joint identification sign shall not be more than seventy-five percent (75%) of the size and height of the primary joint identification sign.
Primary joint identification signs may not exceed fifty-six (56) square feet in area. Secondary joint identification signs shall not exceed thirty-six (36) square feet in area.
(3) Illumination.
A. Unless otherwise stated herein, signs may be illuminated from within or from an external source, but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety or in a manner so as to be confused or construed as traffic control devices.
B. External lighting fixtures shall be installed, maintained, and operated in such a manner as to minimize or substantially reduce glare at any location on or off the property, minimize or substantially reduce light trespass beyond the property lot line, minimize sky illumination, and present an overall appearance that is compatible with the Village's character.
C. Rotating, traveling, pulsing, flashing, blinking, or oscillating light sources, lasers, beacons, search lights, or strobe lighting are prohibited.
(c) Sign Permit Required. Unless otherwise allowed, all permanent signs in residential and nonresidential districts require a Sign Permit.
(Ord. 19-20. Passed 11-4-20.)
1153.06 TEMPORARY SIGNS.
(a) All Districts.
(1) Non-Commercial Speech Temporary Signs: Temporary signs that portray a message which is not commercial in nature (that do not advertise a business, commodity, product or service) shall be allowed without a permit. No more than one sign per statement is permissible per lot per frontage. Signs may not exceed six (6) square feet in area or be more than four (4) feet in height Any non-commercial sign may remain on a lot for no more than forty-five (45) consecutive days, unless said sign is maintained in good condition as determined by the Community Development Coordinator.
(b) Residential Districts. Temporary signs in residential districts shall conform to the following standards as well as any other applicable standards of the Codified Ordinances:
(1) Number. No more than one sign is permissible per lot per frontage.
(2) Maximum area and height. Signs may not exceed six (6) square feet in area or be more than four (4) feet in height.
(3) Display period. Each temporary sign may not be displayed for more than forty-five (45) consecutive days, unless said sign is maintained in good condition as determined by the Community Development Coordinator.
(4) Off-premises signs. Off-premises temporary signs are prohibited.
(5) Illumination. Signs shall not be separately illuminated. This standard is not intended to prohibit the installation of such a sign near a porch light or yard light, which may incidentally illuminate the sign.
(6) Sign Permit Requirements. Temporary signs in residential districts do not require a Sign Permit.
(Ord. 19-20. Passed 11-4-20.)
1153.07 STANDARDS FOR SPECIFIC SIGN TYPES.
(a) Awning and Canopy Signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied and shall meet the following conditions:
(1) Location. Signs may be placed only on awnings that are located on first- and second story building frontages, including those fronting a parking lot or pedestrian way.
(2) Extension. Such signs shall not extend more than three (3) feet from the face of the building to which they are attached.
(3) Minimum clearance. A minimum clearance of ten (10) feet shall be maintained above sidewalks.
(4) Copy. The copy on an awning sign shall not exceed fifty percent (50%) of the sign's total area.
(5) Illumination. Internal illumination of the awning is prohibited.
(b) Banner Signs. Banner signs may be installed subject to the following requirements:
(1) The banner sign shall not exceed that allowed for a permanent wall sign.
(2) The banner sign may be displayed only for a period not to exceed thirty (30) days in any calendar quarter, and no more than four (4) times per calendar year.
(3) A banner sign shall not be displayed above the roof line of any structure.
(4) All banner signs must have wind relief and shall not be supported by any public utility pole or structure.
(c) Blade signs.
(1) Location. Blade signs shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access.
(2) Height above finished grade. The lowest point of a blade signs shall be at least eight feet but no more than fifteen (15) feet above finished grade. Blade signs shall not extend beyond the roof line in a vertical direction.
(3) Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign. Brackets and/or hardware for the sign may not extend more than four inches from the outside face of the sign.
(4) Square footage. A maximum of eight (8) square feet will be allowed.
(5) Illumination. Internal illumination is prohibited.
(d) Freestanding Signs.
(1) The maximum height cannot exceed fifteen (15) feet above grade. Not more than one (1) free standing sign may be for one (1) business establishment. No part of any Freestanding Sign may be located closer than ten (10) feet to any street right-of-way and/or closer to any other property line than the building setback line, if the adjoining property is located in a residential district.
(2) The maximum display surface area shall not exceed twenty (20) square feet when located ten (10) feet from the street right-of-way. For each additional one (1) foot setback from the street right-of-way, an additional ten (10) square feet of display surface area may be permitted, up to a maximum of one-hundred-twenty (120) square feet. However, the display area of any one surface shall not exceed sixty (60) square feet. All sides of the sign will be considered part of the allowable square footage.
(3) Base material of monument signs. The base of monument signs shall be brick, stone, stucco, or other more permanent material not subject to water damage. The exposed base of a monument sign shall not exceed two (2) feet in height. The height of the base will be included when calculating the height of the sign.
(e) Joint Identification Signs.
(1) Type. Primary and secondary freestanding joint identification signs must be monument signs.
(2) One (1) Joint Identification Sign may be authorized by the Planning and Zoning Board to identify a complex or mix of uses as opposed to a single use, provided that such identification sign shall not exceed the following requirements: one hundred (100) square feet in sign area, a maximum of twenty (20) feet in height, and a minimum setback of fifteen (15) feet from all public right(s)-of-way. A Joint identification Sign may be permitted in lieu of Wall Signs.
(f) Wall Signs.
(1) Location. A Wall Sign shall be mounted on the building where the establishment advertised by such sign is located. It must be located on or along a wall of such a building which faces a street, parking lot, or service drive, and shall not project above the roof line or the cap of parapets of such building, whichever is higher.
(2) Projection from wall. A Wall Sign shall be parallel to the wall on which it is installed. The sign shall not project from the surface upon which it is attached more than twelve (12) inches in a non-residential district. In a residential district, a Wall Sign shall not project more than three (3) inches.
(g) Portable Sign. Portable signs shall be permitted, provided that Portable Signs shall not obstruct the view of motorists and/or pedestrians.
(h) Single Family Subdivision or Multi-Family Development Signs. Major permanent entrance features locating the entrance(s) to a single-family subdivision must be authorized by the Planning and Zoning Board prior to the Community Development Coordinator issuing a sign permit.. Only one (1) entrance feature is permitted at each subdivision entrance. Such feature should include a Freestanding Sign. Signs shall not exceed forty (40) square feet, be a maximum six (6) feet in height and shall not be located closer than twenty (20) feet from any right-of-way or property line. (Ord. 19-20. Passed 11-4-20.)
1153.08 PROHIBITED SIGNS.
(a) Prohibited Signs. The following signs and types of signs are inconsistent with the purposes and standards of this Chapter and are prohibited in all zoning districts:
(2) Flashing, moving, rotating, intermittently lighted signs or other mechanical devices which creates the appearance of movement.
(3) Roof signs.
(b) Prohibited Sign Attachments. No sign shall be attached to any sign already existing within the Village. (Ord. 19-20. Passed 11-4-20.)
1153.09 ADMINISTRATION.
To ensure compliance with the regulations of this Chapter, a Sign Permit is required in order to apply, erect, move, alter, reconstruct, or repair any sign, except signs that do not require a sign permit, as allowed in this Chapter. A sign permit also is required for the lighting of new or the relighting of existing signs. Granting of a sign permit does not constitute, and will not be interpreted to constitute, a building permit.
(a) Community Development Coordinator. Community Development Coordinator shall regulate and enforce the requirements of this Chapter and shall responsible for issuing all sign permits.
(b) Application and Permit Procedure. Applications for sign permits shall contain the following information:
(1) Plans and/or blueprints to scale of signage, including details of fastening, lighting, and any lettering, symbols or other identification which will be on the sign.
(2) Color rendering of the sign
(3) A site plan, drawn to scale, depicting the proposed sign's location showing the distance from a public right-of-way and relationship to access drives, parking area and buildings or a façade elevation of proposed wall or window signs showing the height and proportions of the signs.
(4) Any information specific to a particular sign application which is necessary to uphold the provisions of this chapter, including but not limited to the construction and mounting materials
(5) Landscape plan for area around Freestanding Sign
(6) All applications for sign permits must be submitted to the Community Development Coordinator. The Community Development Coordinator shall have the right to approve, approve with modifications, or disapprove the application. The Community Development Coordinator shall act on the application within thirty (30) days of receipt of the completed application. If the Community Development Coordinator issues a sign permit with conditions, the conditions must be set forth in writing, and the applicant shall sign a statement acknowledging, and agreeing to follow, the conditions. If the Community Development Coordinator denies a sign permit, the reasons for the denial shall be in writing.
(Ord. 19-20. Passed 11-4-20.)
1153.10 SIGNS NOT REQUIRING A PERMIT.
(a) Signs Exempt from Regulations. Any sign located entirely inside a building and not visible from the public right-of-way or from private property other than the property on which such sign is located is exempt from regulation under this chapter.
(b) A sign permit is not required for the signs listed below. These signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site.
(1) Signs conforming to the Ohio Manual of Uniform Traffic Control Devices.
(2) Signs installed by employees or officials of a state or federal agency or of the Village or County in the course of their governmental duties.
(3) Signs required by a state or federal statute or agency.
(4) Signs required by an order of a court of competent jurisdiction.
(5) Signs installed by public utilities to demarcate their rights-of-way.
(6) Signs installed by a transit company.
(7) On-site traffic and other directional signs indicating points of entry or exit to off-street parking, identifying specific parking areas and directions to buildings and other services, provided that such signs are not larger than two square feet in area and bear no commercial message. Such signs shall not obstruct the view of motorists for the purposes of ingress and egress.
(8) Official and legal notices required by a court or governmental agency.
(9) Temporary signs in residential areas.
(10) Window Signs. However, all window signs shall meet the following conditions:
A. Number. No more than twenty percent (20%) of the windows in any structure may be covered with permanent or temporary window signs.
B. Surface coverage. Window signs may not be larger than twenty percent (20%) of the aggregate window area.
C. Neon Signs. Neon, or neon simulating, signs are allowed.
(11) The flag, pennants or insignia of any nation, state, city or other political unit or jurisdiction
(12) Cornerstones, commemorative tablets and historical signs, not to exceed ten (10) square feet in area
(13) Signs for the civic promotion of schools, church, or community service activities
(14) Portable Signs
(15) One Sign-Sidewalk for each business location. This sign cannot exceed four (4) feet in height, as measured from the sidewalk, and , three (3) feet in width per side. This sign shall be displayed only during the hours of operation of the business and must be located on near where the business is located. No flags, banner, balloons, or other material may be placed and/or attached to a Sign-Sidewalk. These signs shall be placed in such a way as to assure a minimum of 4' of passage on any sidewalk.
(Ord. 19-20. Passed 11-4-20.)
1153.11 COMPREHENSIVE DEVELOPMENT SIGNAGE.
(a) Purpose. A Comprehensive Sign Plan is intended to integrate the design of the signs proposed for a new development project, or an existing commercial property, with the design of the structures, into a unified architectural statement. A Comprehensive Sign Plan provides a means for defining common sign regulations for multi-user projects, to encourage maximum incentive and latitude in the design and display of multiple signs.
(b) Applicability. The approval of a Comprehensive Sign Plan shall be required when two (2) or more signs requiring a sign permit are proposed for a new development or existing site, or when a Joint Identification Sign is proposed.
(c) Approval Authority. The Planning and Zoning Board must approve a Comprehensive Sign Plan prior to the Community Development Coordinator issuing a sign permit.
(d) Application Requirements. An application for a Comprehensive Sign Plan shall include all information and materials required in Section 1153.09 and the filing fee.
(e) Standards. A Comprehensive Sign Plan shall comply with the following standards:
(1) The plan shall comply with the standards and purpose of this chapter and the overall intent of this section;
(2) The signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign plan, to the structures and/or developments they identify, and to surrounding development;
(4) Only one (1) Wall Sign for each individual use not to exceed one (1) square foot for every lineal foot of the building width of each individual use that fronts any shopping center drive or parking area, not to exceed thirty (30) square feet. Where any such drive or parking abuts a residential district, the frontage of the building on such drive or parking area shall not be considered as frontage for location of a wall sign if the distance from the building to the nearest private property is less than one hundred fifty (150) feet.
(f) Revisions to Comprehensive Sign Plans. The Community Development Coordinator may approve the substitution of signs provided these signs meet the all the requirements of this Chapter and the adopted Comprehensive Sign Plan. If additional signage is proposed or if proposed signs are changed in any aspect to the intent of the original Comprehensive Sign Plan, approval from the Planning and Zoning Board is required.
(Ord. 19-20. Passed 11-4-20.)
1153.12 ABANDONED SIGNS.
(a) Abandonment Defined. An abandoned sign shall be any sign that meets any of the following conditions:
(1) Any sign associated with the abandoned nonconforming use.
(2) Any sign that remains after the termination of a business. A business shall be considered terminated if it has ceased operations for sixty (60) days.
(3) Any sign that is not maintained in accordance with this Chapter.
(b) Determination of Abandonment. When the Community Development Coordinator finds, upon investigation, that a sign has been abandoned, he/she shall notify the owner of the sign and the owner of the realty upon which such sign is located, of such findings, in accordance with Section 1105.10. Such notice shall advise the owner of the sign that the sign has been declared abandoned and must be removed within thirty (30) days from the date of certified mailing. The owner of the sign or the owner of the realty may appeal such decision to the Planning and Zoning Board.
(c) Village Right to Remove. If the sign is not removed as ordered, the sign may be removed by the Village at the expense of the lessee or owner. If the Village is not reimbursed for the cost of removal within thirty (30) days, the cost associated shall be certified to the County Auditor for collection as a special assessment against the realty upon which the sign is located.
(Ord. 19-20. Passed 11-4-20.)
1153.13 SEVERABILITY.
(a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms or words shall be considered independent, valid, and enforceable.
(b) Severability Where less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth herein, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to zoning certificates or otherwise. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms or words shall be considered independent, valid, and enforceable.
(c) Severability of Provisions Pertaining to Prohibited Signs. Without diminishing or limiting in any way the declaration of severability set forth herein, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 1153.08 of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms or words shall be considered independent, valid, and enforceable.
(d) Severability of Prohibition on Signs Bearing Off-premise Commercial Messages. If any part section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on signs bearing off-premises commercial messages as contained herein. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms or words shall be considered independent, valid, and enforceable. (Ord. 19-20. Passed 11-4-20.)
1155.01 PURPOSE.
The purpose of these landscaping regulations shall be to promote the public health, safety and welfare through the preservation and protection of the environment by recognizing the vital importance of tree growth to the ecological system. It is further the purpose of this chapter to promote the preservation and replacement of trees and major vegetation removed in the course of land development, and to promote the proper utilization of landscaping as a buffer between certain land uses to minimize the possibility of nuisances.
(Ord. 19-20. Passed 11-4-20.)
1155.02 LANDSCAPING AND SCREENING STANDARDS.
(a) Non-residential Uses. All trees with a caliper of six (6) inches or more shall be maintained and preserved as part of all non-residential development. All such existing trees shall be preserved unless such trees are exempted as follows:
(1) An existing tree will be located within a public right-of-way or easement.
(2) An existing tree is located within the area to be covered by a proposed structure or within twelve (12) feet from the perimeter of such structure(s) and relocation of such structure would not permit desirable, logical, and appropriate development of the lot.
(3) An existing tree will be located within a proposed driveway, off-street parking area or other improvement, and relocation of such improvement would not permit desirable, logical, and appropriate development of the lot.
(4) An existing tree is damaged or diseased.
(b) Tree Planting and Landscaping Requirements. For all new development, the following tree planting and landscaping requirements shall apply:
USE | REQUIREMENTS |
NC, GC, MI, M2 Districts; PCD and PID | There must be tree plantings equal to one (1) inch or more in caliper for every 1,000 sq. ft. in ground coverage by any non-residential building. All areas of a lot not covered by buildings, structures, or paving shall be covered by approved landscaping. |
R5 AND PRD | A minimum fifteen (15) feet approved landscaped perimeter shall be provided where such development is adjacent to or abuts a residential zoning district or public right-of-way, excluding on-site access drives. |
Off-Street Parking Areas: five (5) or more parking spaces | There must be tree plantings equal to two (2) inches or more in caliper, measured at four (4) feet from the ground, for every six (6) parking spaces. |
Tree planting requirements may be waived by the Planning and Zoning Board if the quantity of existing trees and their aggregate trunk sizes meet or exceed these requirements and are evenly distributed throughout the subject site.
(c) Screening Requirements.
(1) Off-street Parking Areas. All off-street parking areas for more than five (5) vehicles shall be effectively screened on each side which abuts a residential zoning district or public right-of-way. Such screening can consist of a masonry wall or solid wood fence which shall be no less than four (4) feet in height.. Such screening can also consist of approved landscaping which shall consist of a strip of land not less than fifteen (15) feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height.
(2) Screening of Service Courts and Loading Dock Areas. All areas used for service, loading and unloading activities shall be screened along the entire lot line if adjacent to or abutting a residential zoning district or public right-of-way. The requirements of Section 1155.02(d) shall apply.
(3) Screening of Trash Containers. Trash containers designed to service more than one (1) residential unit or to service any non-residential structure shall be sufficiently screened or enclosed by walls, fences, landscaping, or an acceptable combination of these elements. Screening walls or fences shall have an opacity of one hundred percent (100%) and a minimum height of six (6) feet. Landscaping shall include shrubs and hedges with opacity of seventy-five percent (75%). Trash containers shall be located behind the building line and conform to side and rear yard setback requirements.
(d) Additional Landscaping and Screening Requirements.
(1) Deciduous Trees. Deciduous trees shall be species having an average mature crown spread of greater than fifteen (15) feet in central Ohio and having trunk(s) which can be maintained with over five (5) feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where eight (8) foot clear wood requirements will control. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping of the same so as to create the equivalent of fifteen (15) foot crown spread. The deciduous trees are recommended as appropriate are found in Appendix C.
(2) Evergreen Trees. Evergreen trees shall be a minimum of five (5) feet in height with a minimum caliper of one and one-half (1 ½) inches at planting.
(3) Shrubs and Hedges. Shrubs and Hedges shall be at least two (2) feet in height when planted.
(4) Earth Mounds. Earth mounds shall be physical barriers which when planted, block or screen the view. Mounds shall be constructed of clean fill, top soil and similar materials, and shall be designed with proper plant material to prevent erosion and facilitate drainage. Earth mounds shall not exceed four (4) feet in height.
(5) Dead or Diseased Trees. It shall be unlawful for any property owner to maintain or permit stand on his or her property any dead, diseased, or damaged trees, or any living trees, shrubs, evergreens or other plants deemed by the Community Development Coordinator deemed to be a threat to the public peace, health, and safety.
(Ord. 19-20. Passed 11-4-20.)
1155.03 APPLICATION PROCEDURE.
(a) Procedure. All applications for subdivisions, Certificates of Occupancy, zoning permits, conditional use permits, variances or in other such cases where a site plan or development plan is to be filed, must include a landscaping plan. The landscaping plan shall be prepared by a licensed design professional or landscaping professional.
(b) Plan Contents. The landscaping plan shall show all proposed landscaping features and proof of preserving major vegetation. For new development or construction, if new tree plantings are required under the requirements of this chapter, the applicant or owner shall indicate on the landscaping plan the location and size of such tree plantings. If trees are to be removed as part of any site development, the plan shall indicate the location and size of such tree removals.
(Ord. 19-20. Passed 11-4-20.)
1155.04 PUBLIC SPACES.
Within the public right-of-way and on public properties, no person or entity other than the Village shall plant or place trees, shrubs, evergreens, or other obstruction or vegetation, unless a Street Tree Permit is obtained.
(a) Requirements for Trees Located on Village Owned Public Property. In addition to the requirements identified in this chapter, in every development requiring a site or development plan, there shall be planted a species of tree appropriate to the specific location on the site being developed, with a caliper measured six (6) inches above the ground of not less than two (2) inches, for every thirty (30) feet of public street frontage. The following additional requirements shall apply:
(1) The tree to be planted shall be of a recommended tree species, as those listed in Appendix C, Recommended Street Trees for the Village of Hebron.
(2) The minimum distance between the tree and the edge of the street shall be two and one half (2½) feet.
(3) The location of the tree shall be at least twenty (20) feet from any street intersection and ten (10) feet from fire hydrants or utility poles.
(4) Developers shall be required to maintain the trees planted by them for one (1) year after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. A one (1) year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of the planting of street trees, the landscape contractor shall contact the Community Development Coordinator who will schedule a preliminary site inspection. The one year guarantee period shall begin on the date of the approval by the Community Development Coordinator. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection of the Community Development Coordinator, shall be promptly replaced at the expense of the developer.
(b) Tree Topping. No person shall top any tree within the public right-of-way.
(c) Height of Limbs over Sidewalks and Streets. Tree limbs, whether situated on private or public property, extending over a public sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven (7) feet above the sidewalks. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(d) Village Rights. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all public streets, alleys, avenues, lanes and other public grounds as may be necessary to promote public safety or to preserve or enhance the environmental quality and beauty of such public grounds.
(e) Reducing Tree Lawn. No person shall by any type of construction reduce the size of the tree lawn without first securing permission from the Planning and Zoning Board.
(f) Permit Requirements.
(1) No person, contractor or Village Department shall plant, remove, prune, or treat with growth inhibiting measures, any tree or shrub upon any public way, street, alley, park, or other property owned by the Village without first obtaining a Street Tree Permit, except in the case of an emergency as determined in the discretion of the Community Development Coordinator in collaboration with the Mayor. A Street Tree Permit shall specify the number, size, type, species, and the location of all trees or shrubs to be planted, pruned, or removed. The Community Development Coordinator has exclusive authority to deny a Street Tree Permit based on the requirements of this Planning and Zoning Code.
(2) Applications for Street Tree Permits shall be made on forms prescribed by the Community Development Coordinator.
(3) Street Tree Permits shall be valid for a maximum period of sixty (60) days, unless otherwise specified. All work approved by the permit shall be completed in the time specified by the permit and in the manner described. Permits shall be considered void if any terms are violated.
(g) Public Tree Care.
(1) Unless issued a written permit by the Community Development Coordinator, no person shall attach any rope, wire, nails, advertising poster, or other contrivance to any tree on Village owned property. Without a permit, no person shall use herbicides or other chemicals on any trees, shrubs or evergreens on Village owned property.
(2) No person shall hinder, prevent, or interfere with the agents or employees of the Village while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on Village owned property.
(3) No person shall excavate any ditch, tunnel, trench, or lay any drive within a radius of ten (10) feet from any tree, shrub, evergreen, or other plant material standing on any Village owned property without first obtaining a permit from the Community Development Coordinator.
(4) It shall be unlawful for any person to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any Village owned property.
(h) Removal of Stumps. All stumps of street trees shall be removed twelve (12) inches below the surface of the ground. Stumps shall be removed or shall be ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored as approved in the Street Tree Permit.
(Ord. 19-20. Passed 11-4-20.)
1157.01 PERMIT REQUIRED.
Construction of any satellite ground station or satellite dish within the Village shall require a permit issued by the Community Development Coordinator, except for on a lot used solely as a single-family residence and in accordance with all applicable federal laws. In all cases, construction and installation of any satellite ground station or satellite dish shall comply with all other requirements of this chapter.
(Ord. 19-20. Passed 11-4-20.)
1157.02 SIZE HEIGHT, LOCATION, INSTALLATION.
(a) The maximum size of any satellite ground station constructed and installed on any property within the Village shall not exceed three (3) feet in length or diameter.
(b) The maximum height above ground level for any free-standing satellite ground station shall be six (6) feet.
(c) No satellite ground station or satellite dish may be located in any front or side yard.
(d) A satellite ground station located in a rear yard, whether free-standing or attached to any building or structure, shall meet the setback requirements of the applicable zoning district as established for primary structures.
(Ord. 19-20. Passed 11-4-20.)
1159.01 PERMIT REQUIRED.
All accessory buildings and structures shall require issuance of a permit by the Community Development Coordinator prior to their placement, construction, addition or alteration on any lot.
(Ord. 19-20. Passed 11-4-20.)
1159.02 RESIDENTIAL DISTRICTS: LOCATION, EXTERIOR, SIZE AND MAINTENANCE.
The following requirements apply to all accessory uses and structures located in any residential zoning district:
(a) Location: Accessory buildings and structures shall be located completely to the rear of the principal structure and shall be no closer than ten (10) feet from any part of the principal structure. Accessory buildings and structures shall be located no closer than eight (8) feet of the side or rear property line, provided the provisions of Section 1121.03 are met, with the exception that storage sheds two-hundred (200) square feet or smaller may be located within two (2) feet of the side and rear property lines upon approval of the Community Development Coordinator. Accessory uses and structures shall not be located within a recorded easement.
(b) Exterior: Accessory structures shall have an exterior which is aesthetically compatible in appearance to the principal building or structure on the parcel or lot.
(c) Size: The maximum permitted size of an accessory structure shall be based on the following lot categories on which the accessory structure is to be located:
(1) Lot Size One (1) Acre or Less: An accessory building or structure shall be no larger than fourteen-hundred (1400) square feet, shall contain no more than one (1) story, side walls shall be no higher than ten (10) feet, shall not exceed a total height of eighteen (18) feet as measured from the floor to the top of the roof, and no door serving the accessory building or structure shall exceed ten (10) feet in height.
(2) Lot Size over One (1) Acre: Any proposed accessory building or structure over fourteen-hundred (1400) square feet or larger than one (1) story shall be submitted to the Planning and Zoning Board for review. Criteria for approval shall include, but is not limited to, the compatibility with surrounding residential structures, compatibility with the aesthetic appearance of the general neighborhood, and any possible detrimental impact on the surrounding neighborhood.
(d) Maintenance: Accessory buildings and structures shall be maintained in good condition and kept secure from the deteriorating effect of natural elements.
(e) Quantity. If more than one accessory building or structure is proposed on a single residential lot, prior approval of the Planning and Zoning Board shall be required.
(Ord. 19-20. Passed 11-4-20.)
1159.03 COMMERCIAL/INDUSTRIAL: LOCATION, EXTERIOR, AND SITE DEVELOPMENT PLANS.
The following requirements apply to all accessory uses and structures located in any commercial or manufacturing district, or planned unit development:
(a) Location: Accessory buildings and structures shall be located completely to the rear of the principal structure and shall be no closer than ten (10) feet from any part of the principal structure. Accessory buildings and structures shall meet the rear and side yard setback requirements of the applicable zoning district, provided the requirements or Section 1121.03 are met. Accessory buildings and structures shall not be located within a recorded easement.
(b) Exterior: Accessory structures shall have an exterior which is aesthetically compatible in appearance to the principal building or structure on the parcel or lot.
(c) Site Plan Required: Accessory uses and structures shall be indicated on an approved site development plan in conformance with the requirements of Chapter 1109.
(Ord. 19-20. Passed 11-4-20.)
1161.01 PURPOSE.
This chapter provides standards for the establishment of bed and breakfast inns. These regulations are intended to provide a systematic set of requirements to ensure that such unique operations will preserve the primarily residential use of a structure and not adversely impact adjacent uses as a result of the commercial aspects of the facility. Bed and breakfast inns shall be subordinate to the principal use of a single family dwelling.
(Ord. 19-20. Passed 11-4-20.)
1161.02 DEFINITION.
For the purposes of this Planning and Zoning Code, a bed and breakfast inn shall be defined as a private residence where lodging and breakfast is provided by a resident family for compensation. Such facility is generally used by transients. For purposes of this Code, a bed and breakfast inn is not a Short-Term Rental regulated by Chapter 1167, nor a hotel or motel whose building or complex has a central, on-site, staffed reservation desk and on-site property management. (Ord. 11-24. Passed 4-10-24.)
1161.03 APPLICATION.
The regulations of this chapter apply to bed and breakfast inns in any zoning district where a residential use is permitted or conditionally permitted. All bed and breakfast inns require a conditional use permit approved and issued in accordance with Chapter 1113. In addition to the requirements contained in Chapter 1113, conditional use applications for a bed and breakfast inn shall include a site plan showing existing improvements, floor plan illustrating the proposed operation, a site plan indicating all new improvements, and any additional information as required by the Planning and Zoning Board. Residential structures may be remodeled for the development of a bed and breakfast facility. However, structural alterations may not be made which would prevent the structure from being used as a residence in the future. Internal or external changes which will make the dwelling appear less residential in function are not permitted. Examples of such alterations include installation of more than five parking spaces, paving of required setbacks, and commercial-type exterior lighting.
(Ord. 19-20. Passed 11-4-20.)
1161.04 DEVELOPMENT STANDARDS.
(a) Single Family, Detached Dwelling: Bed and breakfast inns shall only be permitted as a conditional use in single family, detached dwellings.
(b) Development Standards: Bed and breakfast inns must comply with the development standards of the base zone, overlay zone, and plan district, if applicable.
(c) Guest Rooms: There shall be no more than four (4) separate guest rooms within a single family dwelling used as a bed and breakfast inn. Bed and breakfast inns shall be limited to a maximum of eight (8) guests per night. Bed and breakfast inns shall allow paying guests to stay for not more than thirty (30) consecutive nights at any single visit, nor more than a total of forty-five (45) nights in any calendar year.
(d) Employees: Bed and breakfast inns may have a limited number of nonresident employees, if approved as part of the conditional use review. Hired service for normal maintenance, repair and care of the residence may also be approved. The number of employees and the frequency of employee trips to the facility may be limited or monitored as part of a conditional use approval.
(e) Owner/operator: The owner/operator of the bed and breakfast inn must occupy the dwelling as their primary residence.
(f) Guest Register: A guest register listing the name, address, phone number, and dates of stay of all paying guests shall be maintained by the owner/operator and shall be made available for inspection by Village officials upon request.
(Ord. 19-20. Passed 11-4-20.)
1163.01 SCOPE.
This Exterior Property Maintenance Code is limited to the establishment of minimum standards for the maintenance of exterior surfaces and exterior functioning units of all structures, buildings, and uses within the Village, including lot and yard areas within the Village. No provisions of this Code shall, in any way, directly or indirectly, be interpreted to interfere with, or to limit the right of, any owner or resident to inhabit real property owned or leased by them in such a manner and form as they may determine appropriate; consistent with other applicable provisions of law. This Code is directed to obvious exterior visual conditions which may lead to the violation of this Code within the Village.
(Ord. 19-20. Passed 11-4-20.)
1163.02 PURPOSE.
The purpose of this Code is to protect the public health, safety, and welfare by establishing a minimum standard governing the maintenance, appearance, and exterior condition of all premises and uses throughout the Village; to fix certain responsibilities and duties upon owners, residents, and managers of the same as to both separate and correlative responsibilities and duties; to authorize and establish procedures for the exterior inspection of such premises and uses; to affix penalties for the violations of this Code; and to provide a process for the repair, demolition, or vacation of premises unfit for human habitation, occupancy, or use. This Code is hereby declared to be remedial and essential for the public interest, and it is intended that this Code be construed and interpreted to effectuate the purposes as stated herein.
(Ord. 19-20. Passed 11-4-20.)
1163.03 SEVERABILITY.
Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of this Exterior Property Maintenance Code is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible part of this chapter since the same would have been enacted without the incorporation into this chapter of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other divisible part.
(Ord. 19-20. Passed 11-4-20.)
1163.04 APPLICABILITY.
(a) Every building, residential structure, lot, and yard owner shall comply with the provisions of this Code, whether or not such building, lot, yard or use shall have been constructed, altered, or repaired before or after the enactment of this Code, and without regard to any permits or licenses which shall have been issued for the use or occupancy of the building premises, for the construction or repair of the building or use, or for the installation or repair of equipment or facilities prior to the effective date of the Code.
(b) This Code establishes minimum standards for the initial and continued occupancy and use of all such structures and properties and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building. Where there is mixed occupancy, residential or nonresidential use shall be regulated by and subject to the provisions of this Code.
(c) Historic Buildings: An owner of a building or structure, which has been designated by a governmental body as having historical significance, may use that designation as a basis for an appeal from application of the provisions of this Code.
(Ord. 19-20. Passed 11-4-20.)
1163.05 CONFLICT OF LAWS.
In any case where a provision of the Exterior Property Maintenance Code is found to be in conflict with a provision of any zoning, building, fire, safety, health, or other regulation, the provision of which establishes a higher standard for the promotion and protection of the safety and health, the conflicting provision shall prevail.
(Ord. 19-20. Passed 11-4-20.)
1163.06 DEFINITIONS.
For the purpose of this Code, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular; the word "building" shall include the word "structure", and the word "shall" is mandatory and not directory.
(a) "Animal waste" means feces, waste eliminated from the bowels; excrement. See also "garbage", "refuse", "rubbish" and "waste".
(b) "Deterioration" means the condition or appearance of the exterior of the building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, or lack of maintenance.
(c) "Dilapidated" means having fallen into a state of disrepair or deterioration, as through neglect; broken-down and shabby.
(d) "Exterior of the premises" means those portions of a building which are exposed to public view and the open space of any premises outside of any building.
(e) "Final notice" means that a Notice of Violation has been served according to this Code, and the persons named have failed to comply within the time allowed.
(f) "Garbage" means food wastes, as from a kitchen. See also "animal waste", "refuse", "rubbish" and "waste".
(g) "Infestation" means the presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard as defined by the local health authority.
(h) "Nuisance" means that which is defined by the statutes of the State of Ohio, Ohio R.C. 3767.41(2)(a). "Public nuisance" means a building that is a menace to the public health, welfare, or safety; that is structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, is otherwise dangerous to human life, or is otherwise no longer fit and habitable; or that, in relation to its existing use, constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.
(i) "Occupancy" means any person living and/or sleeping in a dwelling unit or having an actual possession of said dwelling unit or any person who leases or rents a non-residential building, structure, or any portion thereof.
(j) "Owner" means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without the accompanying actual possession thereof; or shall have charge, care, or control as owner or agent of the owner; or as executor, administrator, trustee, receiver, or guardian of the estate, or as a mortgagee in possession.
(k) "Person" includes any individual, corporation, association, partnership, trustee, lessee, agent, or assignee.
(l) "Pests" means fungus, insect, nematode, rodent, weed or other form of terrestrial or aquatic life form that is injurious to human or farm animal health, or interferes with economic activities.
(m) "Premises" means a lot, plot, or parcel of land, including the buildings or structures thereon.
(n) "Refuse" means all solid wastes (except body wastes) including, but not limited to garbage, rubbish, ashes, dead animals, pet and animal wastes, industrial wastes, or the accumulation of brush, broken glass, stumps, and roots that present a safety hazard which present an objectionable odor, unsanitary and/or safety hazard. See also "animal waste", "garbage" "refuse" and "waste".
(o) "Rubbish" means solid waste consisting of both combustible and non-combustible wastes such as, but not limited to paper, wrappings, tin cans, rubber, wood, glass, crockery, plastics, and similar materials. See also "animal waste", "garbage", "refuse" and "waste".
(p) "Undergrowth" means the brush (small trees and bushes and ferns etc.) growing beneath taller trees in a wood or forest; low plants, saplings, and shrubs growing beneath the trees in a forest.
(q) "Waste" means comprised mainly of vegetable matter, which is capable of being decomposed by microorganisms. See also "animal waste", "garbage", "refuse" and "rubbish".
(Ord. 19-20. Passed 11-4-20.)
1163.07 ENFORCEMENT.
The enforcement of any and all provisions of this Code is placed with the Community Development Coordinator, as he/she believes may be required to carry out and effectuate all of the provisions herein.
(Ord. 19-20. Passed 11-4-20.)
1163.08 INSPECTION.
Upon written complaint filed with the Village of Hebron, or upon initiative of the Community Development Coordinator, all buildings, premises, and uses within the Village are subject to exterior inspections.
(Ord. 19-20. Passed 11-4-20.)
1163.09 MAINTENANCE RESPONSIBILITY.
(a) The owner and/or manager of every structure or use within the Village shall be responsible for maintaining the exterior surfaces of the same in conformance with the provisions of this Code.
(b) The owner and/or manager of every structure or use within the Village shall be responsible for maintaining the yard area contiguous thereto in conformance with the provisions of this Code.
(c) The owner and/or manager of every yard or lot within the Village shall be responsible for maintaining their yard and/or lot area in conformance with the provisions of this Code.
(d) No owner and/or manager shall be relieved from the obligations of, nor be entitled to defend, any violation by reason of any contract or agreement between them and any other person.
(Ord. 19-20. Passed 11-4-20.)
1163.10 GENERAL EXTERIOR MAINTENANCE REQUIREMENTS.
(a) The exterior surfaces of all structures or uses within the Village, whether functional or decorative, shall be maintained in good repair and structurally sound. Any exterior part or feature thereof having functional use shall be capable of performing the use for which such part or feature was designed.
(b) The entire yard area extending up to and including the lot line in all directions shall be in compliance with the definitions of this chapter.
(Ord. 19-20. Passed 11-4-20.)
1163.11 EXTERIOR SURFACES.
(a) All exterior surfaces of every structure or use within the Village shall be maintained so as to resist decay or deterioration from any naturally-occurring cause. Green moss covered or moldy exteriors shall be cause for cleaning. All exterior surfaces shall be covered with paint, finish, or other surface-coating so as to prevent such decay and deterioration. An exterior wall segment(s), facing, or other distinguishable surface area determined by the Community Development Coordinator to have bare, peeling, flaking, pitted, or corroded areas, or otherwise showing deterioration , will require the wall segment(s), facing, or other distinguishable surface area to be surface-coated in its entirety. If the surface to be coated is a portion of a larger structure, such surface coating shall be compatible in color, texture, and design with the entire structure.
(b) Any deteriorated or decayed exterior walls, doors, porches, floors, step railing, or parts or features thereof, shall be repaired or replaced.
(c) Any damaged or broken windows, screens, or shutters and deteriorated or decayed sill, sash, molding, lintel, frame, or trim thereof, shall be repaired or replaced.
(Ord. 19-20. Passed 11-4-20.)
1163.12 FOUNDATIONS.
The foundation of every structure or use within the Village shall be maintained in such condition and repair as to prevent damage to the structural integrity of the same.
(Ord. 19-20. Passed 11-4-20.)
1163.13 ROOFS, GUTTERS, DOWNSPOUTS, AND CHIMNEYS.
(a) The roof of every structure or use within the Village shall be maintained weather-tight. All missing shingles, or other roofing materials, shall be replaced with materials of similar kind, nature, design, and color as the original thereof. If any roof segment(s), or distinguishable portion thereof, is determined by the Community Development Coordinator to have missing or deteriorated shingles, or other roofing material, then the roof segment(s) or distinguishable portion thereof shall be replaced or repaired with materials of similar kind, nature, design, and color as the original thereof.
(b) Any structure or use within the Village having gutters and/or downspouts in place shall be maintained in such a manner as to keep such gutters and/or downspouts free of exterior rust, corrosion, and debris. Such rust, corrosion, and debris as may develop in the course of ordinary use of the same, shall be removed, painted, or otherwise surface-coated as to keep such gutters and/or downspouts free of visible rust or corrosion.
(Ord. 19-20. Passed 11-4-20.)
1163.14 YARD AREA MAINTENANCE.
(a) Refuse.
(1) No furniture, mattresses, household furnishings, rugs, appliances, dilapidated vehicles or vehicle parts, machinery and construction equipment or construction equipment parts shall be placed or stored in any yard area or use within the Village over a period in excess of ten (10) days. Said ten (10) day period begins on the day of written notification from the Community Development Coordinator and may be extended as a result of extenuating circumstances if approved by the Community Development Coordinator.
(2) Exterior property areas of all premises or uses shall be kept free of debris, objects, materials, rubbish, garbage, refuse, and infestations, or conditions that create a health, accident, or fire hazard, or are a public nuisance, or constitute a blighting or deteriorating influence on the neighborhood. All debris, objects, materials, or conditions shall be removed within ten (10) days. Said ten (10) day period begins on the day of written notification from the Community Development Coordinator and may be extended as a result of extenuating circumstances if approved by the Community Development Coordinator.
(3) The open storage and display of material and equipment incidental to a nonresidential use adjacent to a residential zoning district, Planned Residential District, Planned Unit District, or visible from a public right-of-way shall only be permitted provided the area used for open storage and display shall be effectively screened on adjoining sides and public rights-of-way by means of walls or fences with a one hundred percent (100%) opaqueness and is located behind the building line and not in a required yard. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon and shall not include chain link fences. Walls and fences may be further screened with plantings comprised of evergreen hedges six (6) feet in height. See Chapter 1155.
(b) Grass and Weed Control (Not to Include Ornamental Grass), Surface Condition.
(1) Removal of noxious and excessively high grass and weeds constituting a public nuisance.
A. It is hereby deemed that weeds or grass growing at a height of eight (8) inches or higher upon any property within the Village are a public nuisance. See Chapter 1155. All lots shall be provided with grass or other appropriate ground cover, as approved or landscaping material so as to assure absorption of rainfall and prevent erosion and rapid runoff of surface water. The Village Administrator shall cause an annual notice to be published in a newspaper of general circulation in the Village notifying the residents of the requirement of this section. This publication shall constitute a first notice.
B. When the Community Development Coordinator determines that such violation of subsection (b)(1)(A) exists, there shall be served a written notice upon the owner or occupant, or any other person, firm or corporation, having care of such lot or land, ordering the cutting and removal of such weeds and noxious grasses.
C. Only one final notice per calendar year under subsections (b)(1)(A) or (B) hereof will be required for a lot or parcel. If, after a notice has been served in a period of time not more than 10 days, the Community Development Coordinator can have lots or parcels cut and removed at the owner's expense and the cost, together with an administrative fee of twenty percent (20%) shall be assessed against the lot or land. Such administrative fee shall not exceed two hundred dollars ($200.00).
(c) Accessory Structures.
(1) All structures or uses located in the yard areas within the Village, such as sheds, barns, garages, bins, and the like, shall be maintained in good repair, structurally sound and in conformance with other provisions of this Code having regard to foundations, roofs, and exterior surfaces.
(2) Any broken, rusted, deteriorated, or decayed fence, yard enclosure, or other device or structure located in the yard area contiguous to any structure or use within the Village shall be maintained in the condition as intended. This includes but is not limited to leaning or damaged fences, fences missing slats, missing sections, broken supports or blocks or any other materials that are otherwise broken or damaged in such a way as to present a deteriorated or blighted appearance. All materials shall be uniform, compatible, and consistent with the design thereof.
(d) Ground Surface Hazards. Holes, cracks, excavations, breaks, projections, and obstructions at any place on the premises which are a hazard to persons using the premises shall not be permitted.
(e) Motor Vehicles.
(1) A nuisance is hereby declared to exist when a person, firm, or corporation keeps, stores, places, or allows to remain, unlicensed motor vehicles, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile or motor vehicle parts on any parcel of land, street, or alley, within the corporate limits of the Village of Hebron.
(2) Per Ohio R.C. 505.173, junk motor vehicle is defined as a motor vehicle that meets all of the following criteria:
A. Three model years old, or older;
B. Apparently inoperable;
C. Extensively damaged, including, but not limited to, any of the following: missing wheels, tires, engine, or transmission.
(Ord. 19-20. Passed 11-4-20.)
1163.15 INFESTATION.
All structures, and the premises thereof, shall be maintained free of vermin, rodents, and other pests, and free of sources of breeding, harborage, and infestation by such vermin, rodents, and other pests.
Insect and Rodent Control:
(a) Grounds, building and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the local health authority.
(b) Grounds shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(c) Storage areas shall be maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least eighteen (18) inches above the ground.
(d) Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
(e) The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Grounds shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered to be detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(Ord. 19-20. Passed 11-4-20.)
1163.16 NOTICE OF VIOLATION.
(a) Where a violation of any provision of this Code is found to exist, the Village, through its Community Development Coordinator, shall cause a written notice of such violation to be served upon the owner, manager, occupant, or other person responsible for the correction thereof. The Notice shall specify the violation committed, and shall provide a reasonable period of time, at least ten (10) days but not more than thirty (30) days, to address, correct or abate the violation. There are two notices that are served upon the owner, manager, occupant, or other person responsible for the correction thereof; a first notice which shall be affected by publication as described in Section 1163.14(b)(1)(A) and a final notice.
(b) Service: A Notice of Violation shall be deemed to be properly served if one or more of the following methods are used:
(1) By personal delivery to the owner or occupant of the premises or by leaving the notice at the premises with a person of suitable age and discretion; or
(2) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at his/their last known address, with return receipt requested. If a certified mail envelope is returned with the endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Community Development Coordinator.
(3) By posting a copy of the Notice of Violation in a conspicuous place on the premises found in violation and publishing a legal notice in a newspaper of general circulation in the Village. The legal notice shall identify the owner of the property, the last address, if known, of the owners, the parcel identification, the location and nature of the violation.
(c) When the violation involves a motor vehicle, a period of ten (10) days is considered a reasonable period of time to correct or abate the violation. The Notice shall state that, if the violation is not corrected or abated within the time allowed, the Community Development Coordinator may cause to have a motor vehicle impounded and all charges associated with the impound will be the owner's responsibility. (Refer to Section 1163.19).
(d) When the violation involves a motor vehicle, a copy of the Notice shall also be conspicuously affixed to the motor vehicle if the surrounding facts and circumstances make it practicable to do so.
(e) In the absence of an appeal, as provided below, the completion of the notice of violation and the execution of the failure to comply notice shall constitute a Final Notice as to administrative proceedings.
(Ord. 19-20. Passed 11-4-20.)
1163.17 APPEAL.
Appeals of any notice and/or determination made by the Community Development Coordinator under this Chapter may be taken in accordance with Section 1107.05 of the Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1163.18 PROSECUTION.
Any person failing to comply with a notice of violation or order served in accordance with the Notice of Violation section shall be deemed guilty of a minor misdemeanor. If the notice of violation is not complied with, the Community Development Coordinator or his/her designee shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to prosecute. (Ord. 19-20. Passed 11-4-20.)
1163.19 PENALTIES.
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state and local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 19-20. Passed 11-4-20.)
1163.20 ABATEMENT.
The imposition of the penalties herein prescribed shall not preclude the Community Development Coordinator of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
ABATEMENT PROCEDURE FOR NON-MOTOR VEHICLE NUISANCE:
The Village Administrator shall direct the necessary machinery and labor to perform the required task. Expenses incurred shall, when approved by Council, be paid out of the money in the Treasury not otherwise appropriated.
ABATEMENT PROCEDURE FOR MOTOR VEHICLE NUISANCE:
(a) Upon information that a Final Notice involving a motor vehicle nuisance has not been complied with, the Community Development Coordinator will advise the Village Administrator. The Village Administrator will authorize the Community Development Coordinator to remove or direct the removal of the motor vehicle for purposes of impounding the motor vehicle.
(b) Whenever the Community Development Coordinator impounds a motor vehicle, as authorized herein, the Community Development Coordinator shall, in a timely manner, give or cause to be given notice in writing to the owner of the fact of such impoundment and the reasons therefore and the place to which the vehicle has been removed. The Community Development Coordinator may request the assistance from the Hebron Police Department.
(Ord. 19-20. Passed 11-4-20.)
1163.21 CERTIFICATION TO COUNTY AUDITOR.
If the bill for abatement or correction is not paid within thirty (30) days after submission, the Legislative Officials of the Village of Hebron shall certify said costs, together with a fifteen percent (15%) penalty, to the Licking County Auditor for placement on a tax duplicate to be collected as other taxes for return to the Village, as per this chapter and a lien shall be assessed upon the property from the date of certification.
(Ord. 19-20. Passed 11-4-20.)
1164.01 PURPOSE.
The purpose of this chapter is to establish licensing requirements which allow residential dwellings to be rented as a means to offer individuals a safe and enjoyable place to stay while visiting the Village of Hebron, while maintaining the quality of life of the residents and other visitors. The regulations herein are intended to guarantee the casual rental of a dwelling is compatible with the neighborhood in which it is located and does not disrupt the peace, health and safety, or visual appeal of the Village of Hebron.
(Ord. 11-24. Passed 4-10-24.)
1164.02 LICENSE REQUIRED.
No person may own or operate a Short-Term Rental within a residential dwelling for at least one (1) night each calendar year without a Village of Hebron Short-Term Rental License issued pursuant to this chapter.
(Ord. 11-24. Passed 4-10-24.)
1164.03 DEFINITIONS.
As used in this chapter, the following definitions shall apply:
(a) Owner/Operator. The owner of a residential dwelling licensed as a Short-Term Rental, being a person who declares residency in the Village of Hebron and being the person to which a Short-Term Rental License is issued and who is responsible for the property and the actions thereon.
(b) Residential Dwelling. Any lawfully constructed building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one or more persons maintaining a common household, to the exclusion of all others. For purposes of this chapter, a residential dwelling is not a unit in a bed and breakfast Inn, nor a unit in a hotel or motel whose building or complex has a central, on-site, staffed reservation desk and on-site property management.
(c) Short-Term Rental (STR). A residential dwelling in which sleeping accommodations are offered by the owner/operator for pay to tourists or transients for periods of typically less than thirty (30) consecutive calendar days in compliance with all applicable local, state, and federal laws. These facilities are sometimes referred to as "vacation rentals" and are often posted as short-term rental listings online on vacation rental sites such as AirBnB, Vrbo, etc. They do not include a boarding home which does not accommodate tourists or transients, bed and breakfast inns, or hotels or motels whose building or complex has a central, on-site, staffed reservation desk and on-site property management.
(Ord. 11-24. Passed 4-10-24.)
1164.04 APPLICABILITY.
The regulations of this chapter apply to Short-Term Rentals in any zoning district where a residential use is permitted or conditionally permitted, excluding the Multi-Family Residential District (R5) in which Short-Term Rentals shall be prohibited. In addition to the licensing requirements of this chapter, residential dwellings may be remodeled for the development of a Short-Term Rental; however, structural alterations may not be made which would prevent the residential dwelling from being used as a residence in the future. Internal or external changes which will make the residential dwelling appear less residential in function are prohibited. Examples of such alterations include installation of more than five (5) parking spaces, paving of required setbacks, and commercial-type exterior lighting.
(Ord. 11-24. Passed 4-10-24.)
1164.05 APPLICATION FOR A SHORT-TERM RENTAL LICENSE.
(a) Written Application. Any person seeking to become an owner/operator of a Short-Term Rental within the Village must file an annual application for a Short-Term Rental License with the Community Development Coordinator.
(b) Fee. A fee, as established by Village Council, shall be paid by the applicant at the time of application to cover the costs of reviewing and reporting of the application. See Section 1105.03(b).
(c) Application Contents. The application for a Short-Term Rental License, to be submitted annually, shall contain the following items, unless additional or different information is requested by the Community Development Coordinator:
(1) Name, address, phone number, and signature of the owner/operator(s).
(2) The twenty-four (24)-hour local emergency contact for the property, if different from the owner/operator.
(3) The property manager, if applicable.
(4) A legal description of the property.
(5) A floor plan of the residential dwelling with all rooms identified, indicating the sleeping areas available for rent and maximum capacity accommodated therein for sleeping purposes. The square footage of each room available for sleeping purposes shall clearly be labeled on the plan.
(6) A list of all property owners and their addresses within two hundred (200) feet of the property. The list of addresses may be taken from the County Auditor's current tax list.
(7) A site plan indicating where parking is available on-site; where the driveway is located; driveway width; and the maximum number of parking spaces available to guests.
(8) A complete list of the proposed print and online publications in which the residential dwelling is anticipated to be marketed and rented as a Short-Term Rental.
(9) Copy of the most recent recorded deed to the property.
(10) Current photos of all four sides of the exterior of the building and one photo at the end of the driveway looking into the property towards the dwelling.
(11) A notarized statement including confirmation that the proposed owner/operator and the proposed Short-Term Rental listing are in compliance with all applicable local, state, and federal laws and regulations (notaries onsite at the Village can be made available to assist with this part of the application).
(12) A copy of the Property Rules as required below.
(13) The applicant shall acknowledge on the Short-Term Rental License Application Form that they have read and understood the use and development restrictions on their subdivision deed, condominium bylaws, or homeowners' association, if applicable, and acknowledge they are in compliance with said restrictions.
(14) The required non-refundable application fee.
(Ord. 11-24. Passed 4-10-24.)
1164.06 CRITERIA FOR REVIEW.
(a) General. Every Short-Term Rental License Application shall be reviewed for compliance with this chapter and all other applicable provisions specified in the Village of Hebron Codified Ordinances. Failure to satisfy all requirements specified herein shall be deemed a denial of a license. In the event a license is denied, no new application may be reviewed until all deficiencies of the previous application, residential dwelling, and property have been resolved and a new application, including new fee and addenda, have been submitted.
(b) Specific. Every Short-Term Rental License Application shall be reviewed for compliance with the following, and if deemed compliant, a license shall be issued:
(1) The Short-Term Rental License Application is complete, legible, and signed, with all supporting documentation submitted.
(2) Complete compliance with this Chapter and the Village of Hebron Codified Ordinances and absence of deceit, as applicable.
(3) A statement that the owner/operator has resolved any known Planning and Zoning Code violations, is current on any applicable citation charges and court costs, property taxes, utility charges, and other municipal fees and surcharges, and acknowledgment that no license can be issued until the owner/operator has resolved these aforementioned violations or fees.
(4) A statement that the residential dwelling has not been altered without permits to accommodate more bedrooms or that other unpermitted construction has occurred that may be a safety concern.
(5) Proof that there is adequate road access and parking on-site in conformance with the Village of Hebron Planning and Zoning Code.
(6) Evidence the owner/operator meets all requirements specifying the definition set forth in Section 1164.03 above.
(7) Evidence of the Property Rules required below, and that they have been posted in their entirety on any applicable listing platform or other advertising means.
(8) Evidence of the non-refundable fee submitted in its entirety at the time of application.
(9) If the Village receives or discovers evidence of any individual or entity listing a residential property as a Short-Term Rental on any applicable listing platform or other advertising means without having been issued a Short-Term Rental License by the Village, the individual or entity may be denied a license at any time upon application to the Village.
(Ord. 11-24. Passed 4-10-24.)
1164.07 LICENSE ISSUANCE AND REVOCATION.
(a) Review by Community Development Coordinator and Planning and Zoning Board. Every Short-Term Rental License Application shall be reviewed for compliance with this chapter and all other applicable provisions specified in the Village of Hebron Codified Ordinances. Upon receipt and after preliminary review, the Community Development Coordinator shall forward the application to the Planning and Zoning Board and set the application for review and consideration during a regularly scheduled meeting of the Board. The applicant shall receive notice of the meeting at which the application will be up for consideration and must attend the meeting. Upon review and consideration, the Planning and Zoning Board shall either approve, deny, or approve with conditions the Short-Term Rental License Application.
(b) Term of License. If approved, a Short-Term Rental License shall be effective for twelve (12) months beginning from the date of approval. New STR License requests require a completed application, Village staff and Planning and Zoning Board review, and compliance with this chapter and all Village ordinances in effect at the time of the new application. Thereafter, annual renewal applications require a completed renewal application and approval by the Community Development Coordinator.
(c) Timing of Applications. A completed application must be filed with the Community Development Coordinator at least forty-five (45) days prior to the license expiration so the Planning and Zoning Board has adequate time to consider the application. After the initial licensure, a subsequent application shall be treated as a new application and require the same forms, documentation, verifications, and fees required for the original license application. Incomplete applications will be returned to the applicant.
(d) Change in Ownership. Change in ownership of the Short-Term Rental requires a new application and license to be issued by the Village. Licenses are non-transferable and issued to the owner/operator, not to the property.
(e) License Revocation. The Planning and Zoning Board may reject, suspend, revoke, decline to issue subsequent Short-Term Rental Licenses, or process an application, if it has been determined the license application contained false information, the license was issued under false pretenses, or if the property was operated in violation of the Village Codified Ordinances and/or any provision of the Planning and Zoning Code. Any violations of Codified Ordinances and/or the Planning and Zoning Code relating to the Short-Term Rental may be taken into consideration by the Planning and Zoning Board when deciding to reject, suspend, or revoke a license, or process an application. Prior to revocation, any owner/operator operating in violation of this chapter shall be notified in writing of said violation.
(f) Post-Revocation. An owner/operator may apply for a new license no less than six (6) months after a Short-Term Rental License has been revoked and provided there is evidence that the residential dwelling has not been rented during the revocation period.
(g) Appeals. Any owner/operator who has been denied a license, had a license suspended or revoked, or whose license application was not processed, may appeal the decision to the Village Council upon filing an Appeal Form within fourteen (14) days of the written decision and paying the required appeal fee. Council shall hold a hearing as soon as possible and determine whether the decision should be upheld or reversed.
(Ord. 11-24. Passed 4-10-24.)
1164.08 OPERATION OF SHORT-TERM RENTALS.
The following rules of operation apply to the property being licensed as a Short-Term Rental, whether occupied by a guest(s) or the owner/operator(s).
(a) The owner/operator is responsible for licensing the Short-Term Rental and ensuring compliance with the Village's Codified Ordinances. The owner/operator shall also be responsible for those individuals they employ, directly or indirectly, and their compliance with this chapter and the Village's Codified Ordinances.
(b) The owner/operator shall not allow rooms to be used for sleeping purposes that are not contained within those areas designed and approved by the Village for living quarter purposes.
(c) The owner/operator must ensure that there are no unpermitted decks or accessory structures on the property, and that the existing and approved decks and other accessory structures are maintained in sound condition.
(d) The owner/operator must make provisions for parking that comply with all Village of Hebron Codified ordinances and take all necessary measure to ensure that said parking is in compliance.
(e) In addition to all other applicable laws and regulations, pets that accompany a renter at a Short-Term Rental:
(1) Must be under the control of their owner and on a leash when outside the dwelling.
(2) Pet owners must adhere to minimizing pet noise, independent of whether the pet is inside or outside the dwelling.
(f) Any outdoor event of gathering held at the Short-Term Rental shall last no longer than twelve (12) consecutive hours occurring between the hours of 10:00 a.m. and 10:00 p.m. Quiet hours will be enforced. No event shall be permitted for which a demand for parking exceeds the number of spaces approved by the Village as being available for guests.
(g) All residential dwellings shall be able to accommodate reliable cellular phone service, or the owner/operator shall provide land line phone services.
(h) All owner/operators, during the rental period, shall follow all state and federal antidiscrimination regulations.
(i) The owner/operator must reside within the Village of Hebron. The owner/operator must provide the Village with the current contact information for the Registered Agent and the Agent must be available twenty-four (24) hours a day. The owner/operator must provide the following information to the Community Development Coordinator, who will forward the information to neighboring residential property owners located within a 200-feet radius of the Short-Term Rental property within seven (7) days of the license issuance date. If the owner/operator or Agent's contact information changes, the owner/operator shall forward said information to the Community Development Coordinator within twenty-four (24) hours. Information to be provided to the neighbors for both the owner/operator and agent:
(1) Cellular or emergency telephone number and email address.
(2) A copy of the Property Rules.
(3) Information as to the location of approved on-site parking.
(j) Every owner/operator shall ensure provision of refuse and recycling collection and disposal services to the Short-Term Rental.
(k) The owner/operator shall ensure their Property Rules, in compliance with this chapter, are posted on all reservation platforms so guests are aware of what is required and in a conspicuous location in the Short-Term Rental. The owner/operator shall further post a statement on all reservation platforms indicating that they have received a valid Short-Term Rental License issued by the Village of Hebron. (Ord. 11-24. Passed 4-10-24.)
1164.09 PROPERTY RULES.
A list of property rules must be posted at the Short-Term Rental property, provided to the guests, posted to all reservation platforms, and a copy submitted with the application for a license. Property rules must contain, at minimum, the following information:
(a) The name and phone number of the owner/operator.
(b) A diagram of the property identifying the property lines and the location of off-street parking, including the maximum number of off-street parking spaces provided for renters, and where located, including prohibited vehicles and parking areas.
(c) Quiet hours of 10:00 p.m. to 10:00 a.m.
(d) Pet policy in compliance with, at minimum, this chapter and the Village's Codified Ordinances.
(e) Information about refuse and recycling storage and collection.
(f) Fireworks are strictly prohibited.
(g) Outdoor burning regulations consistent with the Village's Codified Ordinances.
(h) Information specific to the property about tornado safety, operation of the fire and carbon monoxide alarms, where to locate a fire extinguisher and location of all hoses for extinguishing.
(i) No illegal activity is permitted on the property.
(j) Notification that the owner/operator may be cited or fined by the Village or have their license revoked if the renter violates any provision of this chapter or other applicable sections of the Village's Codified Ordinances.
(Ord. 11-24. Passed 4-10-24.)
1164.99 PENALTY.
Any owner/operator that fails to comply with the provisions of this chapter shall, upon conviction or admission, pay a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for the first offense, a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand dollars ($2,000.00) for the second offense, and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00) for the third and subsequent offenses, plus the applicable surcharges, assessments, and costs including legal fees and costs of prosecution for each violation. Each day a violation exists or continues constitutes a separate offense under this chapter. The owner/operator is responsible for any violation that occurs on their property.
(Ord. 11-24. Passed 4-10-24.)
1165.01 DEFINITIONS.
(a) As used in this chapter:
(1) "Owner" means any person, in whose name the property is titled, and any person, agent, servicing company, firm, third party, financial institution or bank that has an interest in the property as a result of an assignment, sale, mortgage, transfer of a mortgage, or similar instrument or having an agreement with any one of the above for the purpose of securing and/or managing the property.
(2) "Secured by other than normal means" means a building secured by means other than those used in the design of the building.
(3) "Unoccupied" means a building, or any portion of a building, which is not being used for the occupancy authorized by the owner.
(4) "Unsecured" means a building, or any portion of a building, which is open to entry by unauthorized persons without the use of tools or ladders.
(5) "Vacant building" means a building (excluding government-owned buildings) which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by other than normal means; or
C. Unoccupied and an unsafe building as determined by the Community Development Department; or
D. Unoccupied and having utilities disconnected; or
E. Unoccupied and having housing or building code violations; or
F. Illegally occupied, which shall include loitering and vagrancy; or
G. Unoccupied for a period of time over 90 days and having an existing code violation issued by the Community Development Coordinator; or
H. Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
I. Unoccupied and abandoned by the property owner.
(6) "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the building is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by Village employee(s) that the building is vacant.
(Ord. 19-20. Passed 11-4-20.)
1165.02 PURPOSE.
The purpose of this chapter is to establish a program for identifying and registering vacant residential and commercial buildings as a tool to protect and preserve Village neighborhoods from becoming blighted, to determine the responsibilities of owners of vacant buildings, to speed the rehabilitation of vacant buildings, and to shift the cost burden from the Village and its surrounding residents to the owners of vacant buildings.
(Ord. 19-20. Passed 11-4-20.)
1165.03 VACANT BUILDING REGISTRATION.
(a) The owner shall register with the Community Development Coordinator not later than ninety (90) days after any building located in an area zoned for, or abutting an area zoned for, residential or commercial use in the Village becomes a vacant building or not later than thirty (30) days of being notified by the Community Development Coordinator of the requirement to register based on evidence of vacancy, whichever event occurs first.
(b) The registration shall be submitted on forms provided by the Community Development Coordinator and shall include the following information supplied by the owner:
(1) The name and address of the owner;
(2) If the owner does not reside in Licking County, Ohio or within twenty miles of Village limits, the name and address of any third party who the owner has entered into a contract or agreement for property management. By designating an authorized agent under the provisions of this section, the owner is consenting that the third party is authorized to receive any and all notices relating to the property and conformance to all requirements under this chapter;
(3) The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
(4) A telephone number where a responsible party can be reached at all times during business and non-business hours; and
(5) A vacant building plan as described in division (c) below.
(c) The owner shall submit a vacant building plan which must meet the approval of the Community Development Coordinator. The plan, at a minimum, must contain information from one of the following three choices:
(1) If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within thirty (30) days of acceptance of the proposed demolition timeline and does not exceed one year in accordance with the Ohio Building Code; or
(2) If the building is to remain vacant, a plan for ensuring the building is secured along with the procedure that will be used to maintain the property, and a statement of the reasons why the building will be left vacant (e.g., building is for sale, etc.); or
(3) If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds. The rehabilitation plan shall not exceed twelve (12) months from the time the owner obtains permits, unless the Community Development Coordinator grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or building codes and the property must be secured during the rehabilitation.
(d) All applicable laws and codes shall be complied with by the owner. The owner shall notify the Community Development Coordinator of any changes in information of their vacant building registration within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be in writing and must be approved in writing by the Community Development Coordinator.
(e) The owner and subsequent owner shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable property maintenance codes.
(f) Any new owner shall register or re-register the vacant building with the Community Development Coordinator within thirty (30) days of any transfer of an ownership interest in the vacant building if the building continues to remain vacant after transfer. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and are approved by the Community Development Coordinator.
(g) The failure of the owner of the vacant building to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the property owner from registering the vacant building under this section.
(h) The registration process under this section must be completed annually for every vacant building for as long as the building remains vacant.
(Ord. 19-20. Passed 11-4-20.)
1165.04 ESCROW.
Each demolition of a vacant residential building requires that the owner hold in escrow with the Village a deposit of ten thousand dollars ($10,000) for a residential building and seventy-five thousand dollars ($75,000) for a commercial building. If the amount to be set up in escrow cannot be paid in full, the Village will place a lien on the property for the amount previously specified. The Village will use these funds to demolish the building/dwelling if it is not completed by the property owner. Escrow funds will be released upon completion of the work or transfer of ownership, provided that all fees have been paid in full. New owners must sign a form accepting responsibility for completing the demolition.
(Ord. 19-20. Passed 11-4-20.)
1165.05 INSPECTIONS.
The Community Development Coordinator shall inspect any premises in the Village for the purpose of enforcing and assuring compliance with the provisions of this chapter. Upon the request of the Community Development Coordinator, an owner may provide access to all interior portions of an unoccupied building in order to permit a complete inspection. Nothing contained herein, however, shall diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Community Development Coordinator in order to enable such inspection. The Community Development Coordinator shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises. The following shall apply:
(a) Vacant properties will be externally inspected by the Community Development Coordinator a minimum of twice per year to ensure compliance with property maintenance codes;
(b) Vacant properties will be both internally and externally inspected at the start of each registration period (new and renewal) and when the registration is terminated by the property owner;
(c) Vacant properties will be both internally and externally inspected upon acquisition of the property by a new owner;
(d) The timing and frequency of inspections in addition to those listed under this chapter shall be conducted at the sole discretion of the Community Development Coordinator.
(Ord. 19-20. Passed 11-4-20.)
1165.06 VACANT BUILDING FEES.
The fees established herein shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs incurred by the Village in monitoring the vacant building site. The annually increased fee amounts shall be reasonably related to the costs incurred by the Village for demolition and hazard abatement of or repairs to vacant buildings, as well as the continued normal administrative costs stated above.
(a) The owner of a vacant residential building shall pay an annual fee of two hundred dollars ($200.00) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling the five-year fee of three thousand two hundred dollars ($3,200.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.
(b) The owner of a vacant commercial building shall pay an annual fee of four hundred dollars ($400.00) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling the five-year fee of six thousand four hundred dollars ($6,400.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.
(c) The first annual fee shall be paid at the time the building is registered. If the fee is not paid, the owner shall be subject to late fees assessed under this section and applicable penalties under this chapter.
(d) The fee shall be paid in full prior to the issuance of any building permits unless the property is granted an exemption by the Community Development Coordinator. The fee shall be prorated and a refund may be issued if the building is no longer deemed vacant under the provisions of this section within 180 days of its registration.
(e) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in the vacant building. A lien may be placed on the property to collect delinquent fees.
(f) Late fees shall be paid in addition to the annual registration fee and shall be equal to one-fourth of the applicable annual fee amount.
(Ord. 19-20. Passed 11-4-20.)
1165.07 EXEMPTIONS.
(a) A building under active construction/renovation and having a valid building permit(s) shall be exempt from registration under this chapter until the expiration of the longest running, currently active building permit.
(b) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement under this chapter for a period of ninety (90) days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Community Development Coordinator. This request shall include the name and address of the owner, and a statement of intent to repair and reoccupy the building in an expedient manner or intent to demolish the building.
(c) A building that is for sale and listed with a licensed State of Ohio realtor shall be exempted from registration under this chapter for a period of seven (7) months from the start of vacancy, provided that the owner submits proof to the Community Development Coordinator of such listing and "for sale" status.
(d) Any owner of a vacant building may request an exemption from the provisions of this chapter by filing a written application with the Community Development Coordinator who shall timely consider the same. In determining whether a request for exemption should be granted, the Community Development Coordinator shall consider the following: the applicant's prior record as it pertains to any violations of the Village's Building Code or Planning and Zoning Code; the amount of vacant property the applicant currently has within the Village; and the length of time that the building for which the exemption is sought has been vacant.
(Ord. 19-20. Passed 11-4-20.)
1165.08 APPEALS.
Any owner who is served a notice requiring vacant building registration may, within ten (10) calendar days of receipt of such notice, apply for an exemption under this chapter or appeal the findings of the Community Development Coordinator as set forth under Section 1107.05.
(Ord. 19-20. Passed 11-4-20.)