Independence City Zoning Code

TITLE NINE

Zoning Use Regulations

CHAPTER 1155 Oil and Gas Wells

EDITOR’S NOTE: Former Chapter 1155 was repealed by Ordinance 2008-26, passed May 13, 2008.

1141.01 USE CLASSIFICATIONS.

For the purpose of this Zoning Code the various uses of buildings and premises are divided into groups and classes as set forth in the classification of use sections.

(Initiative Ord. Voted 11-8-60.)

1141.02 CLASS U-1 USES. (Single-family dwelling)

(a) Single-family dwelling.

(b) Farming, noncommercial greenhouses, nursery and truck gardening.

(Initiative Ord. Voted 11-8-60.)

1141.021 CLASS U-2 USES. (Downtown Overlay District)

(a) Single family detached dwelling;

(b) Congregate active senior living facility;

(d) Cluster single family dwelling;

(e) Attached dwelling;

(f) Uses permitted in U-3 District;

(g) Uses permitted in U-4 District, but solely limited to:

(1) Grocery, meat, baked goods and dairy product stores;

(2) Drug and medical supplies stores;

(3) Restaurants;

(4) Wearing apparel, dry goods and shoe stores;

(5) Home furnishings and home appliance stores;

(6) Hardware store;

(7) Barber and beauty shops;

(8) Banks, business and professional medical offices;

(9) Shop or custom work or the making of articles to be sold at retail on the premises;

(10) Books, office supply or flower shops; and

(11) Public parks, water towers or reservoirs and telephone exchange.

(h) Uses permitted in a Campus Office Building District (COB); and

(i) Any other use similar to those listed herein that substantially serves the health, welfare and safety and will not injure the uses herein or the adjoining property, as determined and approved by the Planning Commission and Council.

(Ord. 2009-05. Passed 1-30-09.)

1141.03 CLASS U-3 USES. (Public building uses and special permit uses)

(a) This zoning district shall consist of all properties located on City owned property, including but not limited to:

(1) City Hall

(2) Fire Stations

(3) Police Stations

(4) City Business Offices

(5) Recreation facilities

(6) Public libraries

(7) School buildings

(8) School Business offices

(9) School Athletic Fields and Facilities

(10) Public Parks; and

(11) City Cemeteries.

(b) Any other similar public building or use which, in the opinion of Council, would serve the public interest and welfare and would not adversely affect the use or enjoyment of neighboring property.

(Ord. 2020-97. Passed 10-13-20.)

1141.04 CLASS U-4 USES. (Retail business)

(a) Grocery, meat, baked goods and dairy product stores.

(b) Drug stores.

(d) Wearing apparel, dry goods and shoe stores.

(e) Hardware, including the usual merchandise therein.

(f) Barber and beauty shops.

(g) Banks, business and professional offices and studios.

(h) Shop or custom work or the making of articles to be sold at retail on the premises.

(i) Plumbing and heating stores.

(j) Newsstands, books and stationery stores, and flower and variety shops.

(k) Newspaper and job printing.

(11) Theatres, assembly and dance halls, bowling alleys and skating rinks.

(m) Automobile salesrooms and repair and storage garages.

(n) Gasoline service stations, if permitted by the Planning Commission and Council.

(o) Any other store, shop or service or use similar to those listed, as may be approved by the Planning Commission and Council.

(Initiative Ord. Voted 11-8-60. )

1141.041 CLASS U-4A USES. (Shopping mall)

Retail business and offices as regulated and provided in Chapter 1146.

(Ord. 1972-83. Passed 11-28-72.)

1141.05 CLASS U-5 USES. (Office building and research laboratory)

(a) Professional, administrative, executive, sales and governmental office buildings.

(b) Laboratories: basic and applied research for experimental or testing purposes, including research of production processes and such manufacturing and storage facilities as may be desirable for experimental or development work.

(Initiative Ord. Voted 11-8-60.)

1141.051 CLASS U-5 CAMPUS OFFICE BUILDING (COB) USES.

(a) Professional, administrative, executive, sale and governmental office buildings.

(Ord. 2004-11. Passed 4-20-04.)

1141.06 CLASS U-5A USES. (Light manufacturing)

(a) Uses permitted in U-5 District.

(b) Business, professional, public utility and governmental offices.

(c) Wholesale offices and showrooms with accessory storage of goods limited to those permitted in this Class U-5A District.

(d) Storage and distribution establishments for finished or packaged goods limited to:

(1) Furniture, carpets, rugs and other household goods;

(2) Carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, ornamental iron, roofing and sheet metal products;

(3) Goods used in or produced by the manufacturing activities permitted in this Class U-5A District; and

(4) Local parcel delivery stations and packing and crating.

(e) Bottling works for all beverages with preparation limited to the use of previously processed basic liquids or solids.

(f) Manufacturing and assembly limited to the following processes and products:

(1) Clothing and other textile products, and leather goods from previously manufactured yarns and leathers; however, this shall not be interpreted to include the manufacture of hosiery, shoes and hat bodies.

(2) Cosmetics and toiletries and compounding of pharmaceutical products from previously processed chemicals and other products.

(3) Fabrication, extrusion, welding, finishing, polishing and assembly of small products limited to:

A. Jewelry, pins and needles, razor blades, bottle caps, buttons;

B. Cutlery and kitchen utensils;

C. Small electric appliances such as lighting fixtures, irons, toasters, fans and electric toys;

D. Cameras and other photographic equipment, watches, clocks, however, this shall not be interpreted to include the manufacture of photographic film;

E. Toys, sporting goods and athletic equipment such as balls, gloves, bats, racquets and rods;

F. Musical, medical and small engineering and scientific and measuring instruments;

G. Orthopedic and medical appliances;

H. Assembly of electrical equipment such as home radio, phonograph and television receivers and home movie equipment;

I. Electric and mechanical control and communication devices and equipment; and

J. Electrical supplies such as wire and cable assembly, switches, lamps, insulation and dry cell batteries.

(4) Wooden furniture manufacture.

(5) Printing, publishing and engraving.

(6) Novelty products from previously prepared materials.

(7) Dry and natural ice.

(Ord. 1965-17. Passed 7-13-65.)

1141.07 CLASS U-6 USES. (Commercial or industrial)

(a) Bakeries, bottling works, ice and ice cream manufacturers and cold storage plants.

(b) Warehouses for storage of household goods and building materials and equipment.

(d) Laundry, carpet cleaning, dry cleaning and dyeing.

(e) Repair shop for motor vehicles.

(f) Wholesale produce market and salesroom.

(g) Storage of refined petroleum products.

(h) Any other commercial, manufacturing or industrial building or use which shall not be injurious to the adjacent premises or occupants thereof; which shall not constitute or threaten to become a public nuisance by reason of noise, smoke, vibration, odor, possibility of explosions, glaring lights, radio or television interference, pollution of ground or surface waters, accumulation of obnoxious or undesirable wastes of inherent nature; which shall not tend to create safety or traffic hazards, which may be approved by the Planning Commission and Council; and which shall not be forbidden or prohibited by any provision of this Zoning Code or any other ordinance of the Municipality.

(i) Accessory uses customarily incident to an authorized use.

(Ord. 1970-3. Passed 3-3-70.)

1141.071 CLASS U-6A USES. (Motel, hotel, restaurant and automotive service station use district)

(a) Motels, hotels and motor courts as provided in Section 1145.03.

(b) Automobile service stations as provided in Section 1145.03.

(d) Accessory uses as provided in Section 1145.03 and other similar use as may be approved by the Planning Commission and Council.

(Ord. 1970-3. Passed 3-3-70.)

1141.08 CLASS U-7 USES. (Prohibited)

Use of any land or building in the Municipality for any of the following purposes is specifically prohibited:

(a) Manufacturing or industrial operation of any kind other than as permitted by Class U-6;

(b) Veterinary hospital other than for small animals;

(c) Incineration of garbage, refuse, rubbish, offal or dead animals brought into the Municipality from outside the Municipality;

(d) Reduction of garbage, refuse, offal or dead animals;

(e) Dumping or burying garbage or refuse brought from outside the Municipality;

(f) Refuse or rubbish dump other than operated by the Municipality;

(g) Stockyards and slaughtering of animals;

(h) Animal feeding of garbage brought in from outside the Municipality unless permitted by Council;

(i) Tanneries and oil refineries;

(j) Explosives and fireworks which are manufactured or stored;

(k) Cement, lime, gypsum or plaster of Paris manufacture;

(l) Chlorine or hydrochloric, nitric or picric acid manufacture;

(m) Smelting, melting or reduction of any metals or ores;

(n) Distillation of bones, fat rendering, glue and fertilizer manufacturing or compounding;

(o) Storage of volatile oils or gasoline in excess of 25,000 gallons except when specially permitted by Council;

(p) Penal or correctional institution or an institution for the insane or feeble minded;

(q) Crematories except when owned and operated by the Municipality;

(r) Amusement parks except when permitted by Council;

(s) Motor freight depot;

(t) Placing or maintenance of tents, camp cars, trailers intended for sheltering of persons or animals, dining cars or other similar facilities;

(u) Hotel or trailer camp;

(v) Gas producing plant not operated by the Municipality;

(w) Used car lots or the sale of used motor vehicles, except in connection with the operation of a new car sales agency; and

(x) Any other use which, in the determination of Council, is injurious, obnoxious, offensive, inimical to health or a nuisance.

(Ord. 1960-42. Passed 1-24-61.)

(y) Operation of sweepstakes terminal devices. (Ord. 2012-16. Passed 6-12-12.)

(z) Any use or operations conducted under or through the Medical Marijuana Control Act, Ohio R.C. 3796.01, et seq., including use or operation as a:

(1) Cultivator, as defined by Ohio Administrative Code 3796:1-1-01(A)(9);

(2) Dispensary, as defined in Ohio Administrative Code 3796:1-1-01(A)(13);

(3) Processor, as defined in Ohio Administrative Code 3796:1-1-01(A)(39);

(4) Testing Laboratory, as defined in Ohio Administrative Code 3796:1-1- 01(A)(48). (Ord. 2017-90. Passed 8-8-17.)

1141.09 HEARINGS BY PLANNING COMMISSION; COUNCIL.

Where approval of the Planning Commission or Council is required by this section for the location of a designated or undesignated use or structure within any use district, an application for such approval shall first be submitted to the Planning Commission.

After public notice and hearing, the Planning Commission shall determine whether such use or structure shall be approved. In making such determination, findings of fact shall be made and entered in the minutes of the Commission as to the effect of such use or structure on neighboring property, the possible creation of public nuisances by reason of noise, smoke, wastes, odor, vibrations, lights, stream or ground pollution, traffic and safety hazards or otherwise, and as to the effect of such proposed use or structure on the public peace, health, safety, morale and welfare.

If Council’s approval is also required for such use or structure, the determination and findings of fact of the Planning Commission shall be submitted to and reviewed by Council, which may also make such investigations, require such supporting data and make such findings as it may deem necessary. Council may thereupon affirm or deny the application and shall enter its determination in its minutes.

If any State or Federal court shall find that the prohibition of any use listed in this chapter as a Class U-7 or prohibited use is invalid, illegal or unreasonable, then the location of such use in any particular use district and at any designated site must first be approved by the Planning Commission and Council and the procedure set forth in this section shall be followed. (Initiative Ord. Voted 11-8-60.)

1141.10 SCUP - SPECIAL CONDITIONAL USE PERMITS.

(a) A permit for the location of a Special Conditional use in any use district may be issued by the Building Official by and with the consent of Council when such location will substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property, including, but not limited to:

(1) Adult Education Facilities

(2) Religious Facilities

(3) Assisted Living Facilities

(4) Nursing Home Facilities

(5) Child day-care facilities, provided that the following requirements have been satisfied:

(i) The term "child day-care facility" means any place in which child day-care is provided, with or without compensation. "Child day-care facility" shall not include any program listed in Ohio R.C. 5104.02(B)(1) through (B)(5), (B)(6)(b), (B)(7) and (B)(8). The term “child day-care” has the same meaning as in Ohio R.C. 5104.01(A), including any terms used therein as defined in Ohio R.C. 5104.01.

(ii) The child day-care facility shall occupy and the use shall be limited to, that area of the premises for which the Building Official has issued a certificate of inspection pursuant to the Building Code. The certificate of inspection shall not be issued prior to satisfaction of the following requirements:

A. The Building Official, the Director of Health and the Chief of the Fire Prevention Bureau, or their designees shall have inspected and approved the premises in accordance with applicable standards as set forth in Ohio R.C. 3781 and 3791 and regulations adopted thereunder and under Ohio R.C. 5104.05. Inspections shall be conducted annually by the Health Department and Fire Department and at such other times as may be appropriate.

B. Any outdoor play area shall be enclosed on all sides by a barrier in the form of a fence, building wall or other structure or landscaping so as to provide for safe outdoor play.

(iii) The child day-care administrator, namely the person responsible for the daily operation of the facility, shall be responsible for compliance with all applicable City ordinances and State and Federal statutes and regulations.

(iv) The facility is not located in a Class U-1 or Class U-6A use district.

(v) A child day-care facility which does not satisfy these criteria is a prohibited use.

(b) A special conditional use permit issued under this section shall automatically expire if:

(1) The special conditional use does not commence on the property within 180 days followig Council approval; or

(2) The special conditional use ceases, for any reason, for 180 days.

(c) The special conditional use permit shall be issued in the name of the operator of the use and is not transferable or assignable.

(Ord. 2020-96. Passed 10-13-20.)

1142.01 LOCATION.

(a) No person shall cause or permit the establishment of an adult entertainment business within one mile of a public or private school, pre-school or day care center or 1,000 feet of any residential zoning district, residential dwelling, church or park. For purposes of this Zoning Ordinance, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest:

(1) Residential district boundary line; or

(2) Property lines of the premises of a public or private school, pre-school or day care center or residential zone, residential dwelling, church or park.

(b) "Establishment" means the opening of a new business, the relocation of an existing business or the conversion of an existing business.

(c) "Adult entertainment business" means a business establishment or enterprise which presents material or performances that have an emphasis on entertainment which show, depict or display the human body in:

(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or

(2) Human male genitals in a discernible turgid state, even if completely or opaquely covered.

(d) "Presents" means creates, produces, directs, publishes, advertises, sells, rents, disseminates, distributes or displays.

(e) "Performance" shall be defined as provided in Section 666.01 of the Codified Ordinances.

(f) The purposes of this section are to prevent crime, protect the City's retail trade and established regional office centers, maintain property values and generally to protect and preserve the quality of the City's neighborhoods, urban life and commercial districts and not to suppress First Amendment rights of free speech.

(g) Each subsection of this section is an independent part thereof and the holding of any section of this chapter to be unconstitutional, void, beyond authority of the City or legally ineffective for any reason shall not affect the validity or constitutionality of any other section of this chapter.

(Ord. 1992 47. Passed 1-12-93.)

1143.01 SINGLE-FAMILY HOUSE DISTRICT.

In a Class U-1 District no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for Class U-1 use.

(Ord. 472. Passed 11-24-25.)

1143.02 ACCESSORY USES, POOL HOUSES AND BUILDINGS IN RESIDENCE DISTRICTS.

(a) The accessory uses, pool houses and building structures listed in subsection (b) hereof are permitted on the same lot and at such time as the main dwelling unit has been constructed, or is under construction, provided the following conditions are met:

(1) No more than two separate building structures shall be permitted per lot in addition to the dwelling unit;

(2) If a dwelling unit has an attached garage, no more than one additional building structure shall be permitted per lot; and

(3) All non-dwelling unit building structures must: comply with side yard requirements as computed in Section 1165.01 of this Zoning Code; be at least ten feet from the rear lot line; and not be within twenty feet of any street line or in front yards or within twenty feet of the side street lines.

(b) The following accessory uses and buildings are permitted in Residential Districts:

(1) Residential garages. Where permitted, garages may be built subject to the following:

A. Height. The height of garages shall not exceed fifteen feet. one or two car garages, however, may exceed fifteen feet in height only if approved by the Architectural Review Board.

B. Size. One car garages shall not exceed 16 ft. x 24 ft.; two car garages shall not exceed 24 ft. x 24 ft.; three car garages shall not exceed 36 ft. x 24 ft.; four car garages shall not exceed 48 ft. x 24 ft.; five car garages shall not exceed 60 ft. x 24 ft.; and six car garages shall not exceed 70 ft. x 24 ft.

C. Parking spaces within or outside garages. The sum of open and enclosed parking facilities shall not exceed three spaces per dwelling unit on lots of 12,000 sq. ft. or less, five spaces per dwelling unit on lots of more than 12,000 sq. ft. and less than three acres, or six spaces per dwelling unit on lots of three acres or more provided such lots are at least 250 ft. wide at the building line.

(2) Residential utility buildings. Where permitted, one utility building may be built in the rear yard pursuant to the following limitations:

A. Height of the utility building shall not exceed 12 feet.

B. Total square footage of the utility building shall not exceed 144 sq. ft.

C. A suitable base and floor material shall be proposed by the owner subject to the approval of the Building Commissioner.

D. Utility buildings shall be used only for the storage of materials and equipment incidental to the residential use of the property and shall not be used for the storage of automobiles.

E. The materials and design of the utility building shall be compatible with the main structure and subject to the approval of the Building Commissioner.

(3) Recreational and ornamental structures. Recreational and ornamental structures, including swimming pools as provided in Chapter 1361 , tennis courts, decks and other recreational facilities requiring special fencing or different surface installation or treatment than normal landscaping, shall be permitted provided that the vertical faces of these structures shall not exceed fifteen feet in height and shall comply with the side and rear yard requirements of the Planning and Zoning Code.

(4) Residential pool houses. Where permitted, a pool house may be built subject to the following:

A. Height of pool house shall not exceed 12 feet.

B. Total square footage shall not exceed 144 sq. ft.

C. Pool house shall be attached to the perimeter fencing surrounding the pool.

D. Pool house shall not be used as a residential dwelling or for overnight sleeping accommodations.

E. Materials used to construct the pool house and landscaping shall be approved by the Architectural Review Board.

(5) Noncommercial greenhouses.

(6) Fences. Fences are permitted as provided in Chapter 1363 .

(7) Signs. Signs are permitted only as provided in Chapter 1151 .

(8) Rental of rooms. In a dwelling unit occupied as a private residence, one or more rooms may be rented and board furnished provided no window display or sign board is used to advertise use.

(c) A store, trade or business shall not be permitted as an accessory use, except that the office of a physician, surgeon, dentist or musician may be located in the dwelling used by such physician, surgeon, dentist or musician as his private residence, and except that any person carrying on a customary home occupation may do so in a dwelling used by him as his private residence, provided no persons other than members of his own household are employed in such occupation and no window display or signboard is used to advertise such occupation.

(Ord. 2008-74. Passed 12-9-08.)

1143.03 OPEN STORAGE OR PARKING OF A RECREATIONAL VEHICLE.

(a) Definitions. As used in this section:

(1) “Recreational Vehicle” means any vehicular or equipment type unit primarily designed as temporary living quarters or used for recreation or travel purposes that is propelled or drawn by power other than muscular power, including, but not limited to: travel trailers, camping trailers, motor homes, motor boats, boat trailers, truck campers, snowmobile and snowmobile trailer. Small pick-up trucks primarily used for personal travel, which are designed for alternative recreation use, are specifically excluded from the definition of Recreational Vehicle.

(2) “Incidental Parking” means the stopping of a recreational vehicle in a residential district in the City for a period not to exceed a total of ten days during any consecutive ninety (90) day period for the purpose of minor maintenance, use preparation or after-use clean-up.

(3) “Open Storage” means locating a single recreational vehicle in a residential district outside a garage or accessory building.

(b) Approved Open Rear Storage. Open storage of a Recreational Vehicle in residential districts shall be permitted only in the rear yard of a lot, as defined in Section 1121.19 , but shall not be stored or parked within 15 feet of any adjoining property line in any rear yard, if there is usable room for such, and if such an area can be reached without damage to buildings, terrain, trees or any permanent obstacles. Such open storage shall not be, in whole or part, able to be lawfully seen from any City street or right-of-way. Moreover, if the Recreational Vehicle is covered, the covering shall be brown or green in color. At no time shall the recreational vehicle have fixed connections to electricity, water or gas and shall not be used for living purposes. This section shall not apply to the incidental parking of a Recreational Vehicle, as defined herein.

(c) Except as specifically provided herein, there shall be no other open storage of a recreational vehicle in any other zoning district except in a U-6.

(Ord. 2020-116. Passed 12-15-20.)

1143A.01 MINIMUM LOT AREAS IN U-1A DISTRICT.

In a Class U-1A District, no dwelling shall be erected or altered unless the lot upon which such dwelling is erected contains at least 6,250 square feet of area.

(Ord. 2024-89. Passed 9-10-24.)

1143A.02 MINIMUM LOT WIDTH AND DEPTH.

In a Class U-1A District, no dwelling shall be erected on a lot have a minimum width of less than fifty (50) feet at the building line, having an average depth of less than 125 feet, and not less than sixty percent (60%) of the average total lot width abutting the dedicated street. (Ord. 2024-89. Passed 9-10-24.)

1143A.03 BUILDING SETBACK IN U-1A DISTRICT.

In a Class U-1A District every dwelling or other building shall be set back a distance of twenty-five (25) feet from the street Right-of-Way line, and no building or portion of a building may be erected between the street line and building line except that a roof, overhang cornice, steps, entranceway or a one-story porch may be constructed between the building line and the street line. (Ord. 2024-89. Passed 9-10-24.)

1143A.04 SIDE YARDS IN U-1A DISTRICTS.

In a Class U-1A District for every building erected there shall be a side yard along each lot line other than a front line or a rear line. In lots having a width of less than 100 feet at the building line, at least twenty percent of such width shall be devoted to side yards, and the least dimension of any side yard shall be not less than five (5) feet.

(Ord. 2024-89. Passed 9-10-24.)

1143A.05 REAR YARDS IN U-1A DISTRICTS.

In a Class U-1A District every dwelling erected shall have a rear yard. The least dimension of such rear yard shall be twenty percent (20%) of the depth of the lot and in no event shall be less than twenty-five (25) feet.

(Ord. 2024-89. Passed 9-10-24.)

1143A.06 BUILDING SETBACK ON CORNER LOT IN U-1A DISTRICT.

In a Class U-1A District along the side line of a corner lot, the distance of the building line from the street line shall be at least twenty percent (20%) of the average width of such lot, but not less than ten (10) feet.

(Ord. 2024-89. Passed 9-10-24.)

1143A.07 LOOK-ALIKE HOMES IN U-1A DISTRICT.

(a) The Building Commissioner shall not approve any application for a permit to erect, construct, alter or enlarge any detached one-family dwelling in any residential area of the City which shall be like or substantially like any neighboring dwelling then in existence or for which a building permit has been issued, or which is included in the same building permit application, in the following respects:

(1) Relative location of windows in the front elevation and in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation;

(2) Relative location of any attached garage, porch or gable, if any, in the front elevation with respect to each other and the remainder of the dwelling;

(3) Building materials and color to be used in the exterior surface of the dwelling.

(b) A permit to erect, construct, alter or enlarge any dwelling in a residence district shall not be issued by the Building Commissioner if the Architectural Board of Review determines that the architectural design of said dwelling is similar to any other dwelling within the lots adjacent to the subject dwelling or one directly across the street and the dwellings on either side of it. (Ord. 2024-89. Passed 9-10-24.)

1143A.08 MINIMUM AREA IN U-1A DISTRICT.

Every single family dwelling in a U-1A district shall contain 1,400 square feet of minimum floor area. Each dwelling in a U-1A district shall be one (1) story or one- and one-half (1 1/2) stories. Two (2) story dwellings are not permitted.

(Ord. 2024-89. Passed 9-10-24.)

1144.01 DEFINITIONS.

(a) "Telecommunication" means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.

(b) "Wireless telecommunications antenna" means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission excluding all amateur radio operators' antennas.

(c) "Wireless telecommunications equipment building" means the structure in which the electronic receiving and transmitting equipment for a wireless telecommunications facility is housed.

(d) "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone and/or communication lines.

(e) "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(f) "Monopole" means a single, slender and typically cylindrical, vertical structure to which antennas or antenna support structures are affixed.

(g) "Lattice" means a framework or structure of crossed metal strips or struts and braces constructed vertically in the form of a triangle or square which tapers from the foundation to the top.

(h) "Substantial evidence" means more than a mere scintilla of evidence. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

(i) "Technically suitable" means the location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the City. (Ord. 1997-21. Passed 5-13-97.)

1144.02 INTENT.

Wireless telecommunications facilities are permitted in “T-1" Districts and as conditional uses in Commercial (U-5), Industrial (U-6), Light Manufacturing (U-5A) or Motor Service (U-6A) districts contingent upon a number of specific conditions and requirements being met. These regulations are established to ensure that telecommunications facilities will be developed and maintained in a manner which provides adequate telecommunication services to the community while protecting and minimizing any adverse safety, public welfare or visual impact through buffering, siting, design and construction, and reducing the need for new towers.
(Ord. 2003-11. Passed 4-8-03.)

1144.03 USE REGULATIONS.

(a) General Standards. This section applies to all wireless telecommunications facilities independent of the zoning district in which they are to be located. These general standards are to be supplemented with the provisions for the particular applications specified in subsections (b) and (c) hereof which follow.

(1) Location.

A. No new wireless communications tower will be allowed within a two thousand five hundred (2,500) foot radius of an existing wireless tower. The Planning Commission may waive this requirement with the approval of Council for the purpose of the clustering of towers so long as the towers are visually compatible with the surrounding neighborhood.

B. The location of the tower and equipment building shall comply with all natural resource protection standards established in this chapter including floodplain, wetlands and steep slope regulations.

C. A tower may not be located on a building or structure that is listed on an historic register, or is in an historic district.

(2) Area. A minimum lot area of one (1) acre shall be required for a tower. In addition, lot area shall be sufficient to provide for all requirements of setbacks, yards, and building coverage as specified in the underlying zoning district.

(3) Tower type. Monopole or lattice wireless communication towers, which do not utilize guy wires, and their associated supporting buildings shall be allowed in the City. A wireless telecommunications tower which is supported by guy wires shall only be permitted if the applicant can prove that a monopole or lattice tower not requiring guy wires is not reasonably feasible, due to non-economic reasons, such as specific site conditions, or is required to provide wireless communications to a specific area that cannot be served by a guyless monopole tower. In the event guy wires are required to support the wireless telecommunications tower, the guy wires shall be considered part of the wireless telecommunications facility and shall meet all setback and yard requirements.

(4) Tower design. A Tower shall be designed to have sufficient structural capacity to allow for at least three (3) additional providers to be located on the structure when constructed to the maximum allowable height. Towers and antenna shall be designed to withstand sustained winds of at least 100 miles per hour with one-half (½) inch of icing. The wireless communication facility shall also be designed to show that the applicant has enough space on its site for an equipment building large enough to accommodate at least three (3) additional providers. If the equipment building is initially constructed to accommodate only one user, space shall be reserved on-site for equipment building expansion to accommodate up to at least three (3) additional providers.

(5) Equipment shelters/buildings. Underground equipment shelters are encouraged especially in non-industrial districts, and may be requested by the Planning Commission. In the event of co-location, all additional wireless telecommunications equipment shelters shall either be shared with all other providers utilizing the wireless telecommunications facility, or in the event such facility sharing is not feasible, any additional wireless telecommunications equipment shelters shall be attached to any existing shelter and shall be constructed of similar materials and utilize a design similar to any existing shelter located on such a property.

(6) Fencing. A security fence eight feet in height with barbed wire around the top shall completely surround the tower, equipment building and any guy wires.

(7) Buffer. Required buffer plantings shall be determined by the City Planner and the following minimum plantings shall be located around the perimeter of the security fence:

A. A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself.

B. The fifteen (15) foot landscaped buffer area shall consist of an evergreen screen of either a solid six (6) foot hedge, or a row of evergreen trees planted and spaced no more than ten (10) feet apart. These trees and shrubs shall be planted in any configuration which will best serve to buffer the site.

C. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(8) Compatibility.

A. To the maximum extent possible, the entire facility must be aesthetically and architecturally compatible with the environment. The use of residentially compatible exterior materials such as wood, brick, or stucco is required for associated equipment buildings, which shall be designed to architecturally match the exterior of structures within the neighborhood. In no case will metal or concrete block exteriors be allowed for accessory buildings.

B. The tower itself must be of such design and treated with an architectural material so that it is camouflaged or blends in with surrounding uses so as to be visually compatible with the neighborhood. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

(9) Co-location. No new wireless communication facility may be erected if there is a technically suitable space for a wireless communication facility available on an existing wireless communication tower within the applicant's search area in which the new wireless communication antenna is to be located. With the permit application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure and include the reasons therefor. If another communication tower is technically suitable, the applicant must show that it has requested to collocate on the existing tower and the co-location request was rejected by the owner of the tower along with the reasons for said rejection. In all circumstances, owners of existing towers shall promptly respond to requests for co-location, but in no event shall they respond in more than thirty (30) days from the date of receipt of written request for collocation. If another communication tower is technically suitable, the applicant must further show that it has offered to allow the owner of the other tower to co-locate an antenna on the applicant's tower on reciprocal terms and that the offer was not accepted.

(10) Arbitration of co-location disputes. As an additional condition of issuing the permit to construct and operate the tower in the City, the owner/operator of the tower is required to sign a statement that all disputes with other providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provision of the American Arbitration Association.

(11) Discontinued use. If at any time the use of the facility is discontinued for one hundred eighty (180) days, a designated local official may declare the facility abandoned. The facility’s owner/operator will be contacted and instructed to either reactivate the facility’s use within sixty (60) days, or dismantle and remove the facility. If reactivation or dismantling does not occur within sixty (60) days, the permit shall automatically expire on the two hundred and forty first (241) day. In the event that a facility is abandoned, the City reserves the right, after written notice to the owner, to claim all right, title and interest in said facility for what ever use it deems appropriate.

(12) Bond. The owner or operator shall be required, as a condition of issuance of a zoning certificate, to post a cash or surety bond acceptable to the Director of Law of not less than two hundred fifty dollars ($250.00) per vertical foot from natural grade of the wireless telecommunication tower to the highest point or antenna which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed as provided in subsection (a)(11) hereof.

(13) Annual inspection. On each biennial anniversary date of the issuance of the zoning certificate for a wireless telecommunication facility, or not more than ninety (90) days prior thereto, the owner/operator user of such facility shall cause an inspection to be completed of the facility by a professional engineer registered in the State of Ohio, at the expense of the owner/operator/user, and a certificate as to the structural integrity and general safety of the entire wireless telecommunications facility and its components shall be issued by such engineer to the City Building Commissioner. Upon receipt of said certificate, the Building Commissioner shall inspect, or cause to have inspected, the facility for compliance with this chapter.

(14) Miscellaneous.

A. Advertising. No advertising is permitted anywhere on the facility.

B. Lighting. The tower shall not be artificially lighted except to assure safety or as required by the FAA.

C. Signage. Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.

(15) Approvals. An application must be considered and approved by the Planning Commission and City Council with a subsequent Building Permit issued by the Building Commissioner.

(b) Permitted Use In Designated Overlay Districts. A wireless telecommunications facility is permitted as of right in those areas within the City zoned as a “T-1 Overlay District” which overlay districts have been determined to be areas where the erection of a wireless telecommunication facility will meet the spirit and intent of the chapter.

(c) Conditional Use. In a commercial, industrial, light manufacturing, or motor service districts, a wireless telecommunications facility may be approved as a conditional use subject to the following conditions:

(1) Sole use of a lot. A Wireless Telecommunications Tower is permitted as a sole use on a lot subject to the following:

A. Minimum yard requirements. The minimum distance from a parcel on which a tower is proposed to any single-family use or district lot line shall be equal to three (3) times the height of the tower. The minimum distance from a parcel on which a tower is proposed to a school/day care center/public park/residential lot line shall be equal to three (3) times the height of the tower. The minimum distance from a parcel on which a tower is proposed to any nearby structure not previously stated in this subsection shall be equal to three (3) times the height of the tower. All side, rear and setback requirements must be met.

B. The maximum height of a tower, including antenna, shall be that which does not require identification markers or painting by the Federal Aviation Administration.

C. The maximum size of equipment building shall be 300 square feet for a single shelter or, if there is more than one, than seven hundred and fifty (750) total square feet.

(2) Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use, or on a vacant parcel subject to the following conditions:

A. The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider.

B. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

C. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area of the district.

D. Minimum yard requirements. The minimum distance from a tower to nearby structures shall be equal to the height of the tower. The minimum distance from a parcel on which a tower is proposed to school/day care center/public park/residential lot line shall be three hundred (300) feet.

All equipment buildings shall comply with the minimum tower setback requirements.

E. Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

F. The maximum height of a tower, including antenna, shall be that which does not require identification markers or painting by the Federal Aviation Administration.

G. The maximum size of equipment building shall be three hundred (300) square feet.

(3) Combined with an existing structure: Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

A. The maximum height of such a facility shall be twenty (20) feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater.

B. If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:

1. The minimum setback requirements for the subject zoning district.

2. A buffer yard shall be planted in accordance with subsection (a)(7) hereof.

3. Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.

C. Elevations of existing and proposed structures showing width, depth, height of the telecommunications facility and the statistical use date on the antenna and support structure shall be presented.

(Ord. 1997-21. Passed 5-13-97; Ord. 2003-11. Passed 4-8-03.)

D. Where it is determined by the Planning Commission that an antenna will be visible from street level, the applicant shall provide appropriate screening, and/or some other similar device, to conceal the visible nature of the antenna.

(Ord. 2004-17. Passed 6-8-04.)

1144.04 PROCEDURE.

(a) Notice. Prior to taking any action on an application, the Planning Commission will cause notice of the pending application to be sent by certified mail to all abutting property owners and property owners within one thousand (1,000) feet of the parcel on which the antenna and/or tower is to be located. The Building Commissioner may also provide notice by regular first class mail to any other property owner in the City which he feels will be substantially impacted by the siting of this tower. The failure of the Building Commissioner to give notice as required in this section shall not affect the validity of the Planning Commission's action. The foregoing notice requirement may be waived by the Planning Commission for construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facility.

(b) Criteria for Permitted Use. The following items must be submitted to the Planning Commission, along with the application, as a pre-requisite for the application to be considered for review for wireless communication facilities to be located in a T-1 District:

(1) Documentation demonstrating that the height of the tower is the minimum necessary for operation.

(2) Documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.

(3) Documentation demonstrating that the proposed tower complies with all state and federal laws and regulations.

(4) A current certified survey showing existing lots and property boundaries, streets, rights of way, servitudes, utilities, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site and lot, permanent parcel number, and name of subdivision, if applicable.

(5) A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

(6) A list of all property owners and addressees within one thousand (1,000) feet of the proposed wireless communication facility.

(7) A list of competitors together with their addresses so that the City may notify the competitors of the application in an effort to encourage collocation.

(8) A landscape plan of the site delineating location and dimension of proposed planning areas, including size, type and number of trees to be planted, curbs, fences, buffers and screening elevations of fences and materials used.

(9) A maintenance plan in which the owner/operator will be responsible for the upkeep of the site.

(10) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that the vehicular access is provided to the facility.

(c) Criteria for a Conditional Use. The following procedural requirements apply to all wireless telecommunications facilities whose location would constitute a conditional use and are in addition to any others set forth in this chapter:

(1) A wireless facility may be permitted as a conditional use in a commercial, industrial, light manufacturing, or motor service district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary and that opportunities for co-location on an existing tower is not feasible. Such an analysis shall include, but may not be limited to the following procedure and submissions:

A. Provide the Commission with a list of the location of every tower, building, or structure that could support the antenna so as to allow it to serve its intended function.

B. Demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.

C. Where another communications tower is technically suitable, the applicant must show that it has requested to co-locate on the existing tower and the co-location request was rejected by the owner of the tower.

D. Where an existing communications tower is technically suitable, the applicant must further show it has offered to allow the owner to allow that other tower to co-locate an antenna on another tower within the City owned by the applicant on reciprocal terms and the offer was not accepted.

E. The applicant's letter(s) to existing communications tower owners as well as response(s) to those letters shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

(2) The following items must be submitted to the Planning Commission, along with the application, as a pre-requisite for the application to be considered for review:

A. Documentation demonstrating that the height of the tower is the minimum necessary for operation.

B. Documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this ordinance for wireless telecommunications towers.

C. Documentation demonstrating that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

D. A current certified survey showing existing lots and property boundaries, streets, rights of way, servitudes, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site and lot, permanent parcel number, and name of subdivision, if applicable.

E. A plot plan including all building uses within five hundred (500) feet shall be required at a scale not less than one inch is equal to one hundred (100) feet. The plot plan shall depict the location and dimension of all proposed structures, with setback dimensions, entrance and exits, parking layout, including parking spaces.

F. Unless waived by the City, an affidavit which certifies that the proposed tower is located no less than two thousand five hundred (2,500) feet from another wireless communication tower within the City.

G. A landscape plan of the site delineating location of existing trees to be preserved, the location and dimension of proposed planning areas, including size, type and number of trees to be planted, curbs, fences, buffers and screening elevations of fences and materials used.

H. A list of the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The list shall include explanations demonstrating that each technically suitable location is not reasonably available on an existing tower, building or structure within the search area.

I. The elevation of existing and proposed structure showing width, depth and height, use types of material and color schemes, statistical data on the tower and their related accessory structure.

J. The zoning classification of the site and zoning classification of all property within five hundred (500) feet of the proposed site.

K. A utility inventory showing the location of all utilities impacting this site.

L. An affidavit that the proposed tower meets all the requirements of the various state and federal regulatory agencies involved and complies with the standards set by the Federal Communications Commission (FCC), including electromagnetic emissions standards.

M. A report from a licensed professional engineer which describes the tower height and design, including a cross-section of the structure; demonstrates the tower's compliance with applicable structure standards; and describes the tower's capacity, including the number and type of search areas that can be accommodated.

N. A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

O. A list of all property owners and addressees within one thousand (1,000) feet of the proposed wireless communication facility.

P. A list of other tower owners, competitors, other carriers or other similarly situated businesses, together with their addresses, so that the City may notify other entities of the application in an effort to encourage co-location.

Q. A maintenance plan in which the owner/operator will be responsible for the upkeep of the site.

R. Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that the vehicular access is provided to the facility.

(Ord. 1997-21. Passed 5-13-97.)

1144.05 VARIANCES.

The Planning Commission may, in specific cases, with the consent of Council, vary or permit exceptions to any of the provisions of this chapter if it finds that such variances or exception will not violate the spirit or intent of this chapter and that a more harmonious and useful development will result.

(Ord. 1997-21. Passed 5-13-97.)

1144.06 FEE.

(a) Except for wireless telecommunications facilities erected and/or owned by the City, the Building Commissioner shall collect the fees therefore in accordance with the following:

(1)	New wireless telecommunication tower and related facilities	$2,500.00
(2)	New wireless telecommunication antenna and facilities only	500.00
	(Ord. 2003-11. Passed 4-8-03.)

(b) Reimbursement of Expenses. The applicant for a wireless communication tower and/or antenna facility shall be responsible for all expenses incurred by the City for any technical and/or engineering services deemed necessary by the City to perform the administrative and/or professional reviews required by the Codified Ordinances, and which are not covered by the fees set forth above.

(Ord. 1997-21. Passed 5-13-97.)

1144.07 TIME LIMIT.

Once a wireless communication tower is approved, the building permit shall be obtained within six (6) months and the project shall be completed within one (1) year or said approval shall lapse and be void.

(Ord. 1997-21. Passed 5-13-97.)

1145.01 LOCAL RETAIL OR WHOLESALE DISTRICT.

(a) In a Class U-4 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a Class U-3 or U-4 use.

(b) An accessory use, customarily incident to a Class U-4 use, shall also be permitted in a Class U-4 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. A private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 1,500 square feet of lot area. Mechanical power in excess of five H. P. shall not be permitted as an accessory use.

(Ord. 1957-2. Passed 3-12-57.)

1145.02 COMMERCIAL OR INDUSTRIAL AND MANUFACTURING DISTRICT.

In a Class U-6 District no building or premises shall be used, except for a Class U-6 use.

(Ord. 2006-42. Passed 8-8-06.)

1145.03 MOTEL, HOTEL, RESTAURANT AND AUTOMOTIVE SERVICE STATION USE DISTRICT.

In a Class U-6A District, motels, hotels, motor courts, restaurants and uses accessory thereto, automobile service stations and any other similar use as may be approved by the Planning Commission and Council shall be permitted.

(a) In a Class U-6A District:

(1) No trailer camps, mobile homes, cabins, tents, tourist homes or camping facilities shall be permitted;

(2) No individual kitchens shall be included in any of the suites or rooms;

(3) Unless approved by the Planning Commission and Council, all buildings must be at least 1,000 feet from property zoned for residential purposes;

(4) Area, yard, setback, parking, loading and height requirements shall be determined by the Planning Commission and Council;

(5) Automobile service stations shall be permitted to do minor or emergency automobile repairs and towing services but shall not store automobiles about the premises or perform grinding, painting, body or major mechanical repair work; and

(6) No drive-in, carry-out or self-service eating place shall be permitted.

(b) The following accessory uses shall be permitted:

(1) Dining, banquet and other eating places, but not on the premises of an automobile service station;

(2) Convention, indoor recreation facilities, meeting rooms and ballrooms;

(3) Such retail stores, shops or services as are normally accessory to motels, hotels, motor courts or restaurants, provided that public entry must be from the interior of the building;

(4) Car washing facilities or service as shall be approved by the Planning Commission and Council; and

(5) Such other accessory uses as shall be approved by the Planning Commission and Council.

(Ord. 1970-3. Passed 3-3-70.)

1145.04 OFFICE BUILDING AND RESEARCH LABORATORY DISTRICT.

(a) Use. In a Class U-5 District no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, except for a Class U-5 use. A building originally designed and occupied as a residence cannot be utilized in whole or in part as a U-5 use unless the building is redesigned to express the new commercial functions and reconstructed to the extent that it will fully accommodate the proposed use and so that it will be in compliance with the provisions of Part Thirteen - the Building Code and all other applicable ordinances and codes.

(b) Size. Any building or structure to be utilized or constructed in a Class U-5 District shall contain a minimum of 10,000 square feet of gross floor area.

(c) Accessory Uses Permitted Within Main Building. Employee cafeterias, snack bars, newsstands, banks and other supportive U-5 uses, when located in an office building or research laboratory in a Class U-5 District, may be permitted upon approval by the Planning Commission. However, no other public retail stores, services or public restaurants shall be permitted in a Class U-5 District.

(Ord. 1974-80. Passed 12-10-74.)

1145.05 SUPPLEMENTAL REGULATIONS FOR AUTOMOBILE SALES AGENCIES.

Automobile salesrooms or sales agencies for the sale of new automobiles are permitted in a Class U-4 District, subject to the following additional regulations:

(a) Used automobile sales are permitted only if the same are accessory and immediately adjacent to buildings used for the sale of new motor vehicles.

(b) No used or new automobile shall be parked or offered for sale in front of the setback of any building or in a front yard.

(c) The facilities for lighting areas used for the outdoor display of motor vehicles shall be placed behind the building setback line, shall not be over twenty-five feet above grade and shall be approved by the Planning Commission. Such lighting shall be of the prefocused or focusable type and shall be directed downward and away from adjoining property and public streets. The use of so-called "naked" bulbs for display areas is prohibited.

(d) No public address system, loudspeaker, autocall, buzzer or signal of any other or a similar type shall be used or installed for use outside of any building.

(Ord. 1977-50. Passed 11-15-77.)

1146.01 INTENT AND PERMITTED USES.

This chapter is established in order to provide regulations for areas requiring large amounts of land and involving uses generating large volumes of traffic and serving the shopping needs of a large area. General retail businesses, shops and offices providing services will be permitted in this District except for those uses which are prohibited and designated as Class U-7 uses in Chapter 1141.

(Ord. 1972-83. Passed 11-28-72.)

1146.02 AREA, YARD AND HEIGHT REGULATIONS.

(a) A shopping center or mall in this District shall be designed and developed as a unified and well organized arrangement of buildings and services. Vehicular traffic shall be planned so as to minimize interference with major pedestrian movements. Delivery and rubbish disposal facilities shall be located so as not to interfere with movements of pedestrians and vehicles to the extent possible and shall be screened from public view.

(b) The ground area occupied by buildings shall not exceed twenty-five percent of the total area of the lot. Plans shall include well defined areas of planning, grass and landscaping.

(c) All buildings shall be set back from any public street or highway at least 300 feet, except that the yard may be developed for parking facilities to within a minimum of twenty-five feet of a street line and to within ten feet of a property line in a nonresidential district.

(d) Side and rear yards, where adjoining a residential district within the City, shall be at least 150 feet, except that such yards may be developed for parking facilities to within a minimum of twenty-five feet from a residential district line. The Planning Commission shall require from each applicant for its approval a plan depicting the design of the installation of a fence, wall, hedge or other suitable screening or planting at side and rear property lines.

(e) The height of buildings shall not exceed four stories.

(Ord. 1972-83. Passed 11-28-72.)

1146.03 OFF-STREET PARKING.

(a) Parking areas shall be planned and developed in such a manner as to interfere as little as possible with the use and enjoyment of adjacent residential properties and with pedestrian and vehicular traffic on adjacent streets.

(b) All parking areas and driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties and so that water will not either stand or drain across public walks or streets.

(d) Glare or brightness caused by the operations or illumination of buildings or grounds shall be shielded so as not to be objectionable or hazardous to owners or users of adjacent property or public streets.

(e) Parking space shall be provided at the rate of five parking spaces for 1,000 square feet of sales area in a shopping center or mall.

(f) Electrical disturbances that will adversely affect the operation of sound or television equipment in any building in the vicinity shall not be created.

(Ord. 1972-83. Passed 11-28-72.)

1146.04 DEVELOPMENT PLANS.

(a) Submission of Plans. Preliminary and final development plans shall be submitted for approval by the Planning Commission. Plans shall include:

(1) Survey. A survey of the property and topography, showing the land owned and proposed for development;

(2) Buildings. The locations, size, height and use of all main and accessory buildings and their general design and color;

(3) Traffic. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; estimates of traffic volumes; plans for control of traffic in and around the center or mall;

(4) Utilities. The plans for all utility installations and connections and estimated requirements;

(5) Parking areas. A layout and estimate of the number of spaces, design features, type of pavement, location and type of lighting fixtures; and

(6) Miscellaneous. Other site developments, including grading and drainage, designs of landscaped yards, planting areas and strips adjoining residential areas.

(7) Signs. The size, location and nature of outdoor signs shall first be approved by the Architectural Board of Review.

(b) Approval of Plans. If the Planning Commission finds that preliminary plans are in accordance with this Zoning Code and other ordinances of the City, such plans shall be submitted to Council for study and approval. After approval of preliminary plans by Council, final development plans shall be submitted to the Commission, the City Engineer and Council for approval. No building permits shall be issued by the Inspector of Buildings until such development plans have been approved as provided herein. Failure to begin the construction of all or an independent component of the plan within one year after the issuance of a permit shall void the plan as approved unless an extension of time is granted by Council. (Ord. 1972-83. Passed 11-28-72.)

1146.05 VARIANCES.

The Planning Commission may, in specific cases, with the consent of Council, vary or permit exceptions to any of the provisions of this chapter if it finds that such variance or exception will not violate the spirit or intent of this chapter and that a more harmonious and

useful development will result.

(Ord. 1972-83. Passed 11-28-72.)

1147.01 USE DISTRICT EXCEPTIONS.

The Planning Commission may in specific cases, after public notice and hearing and subject to such conditions and safeguards as the Planning Commission may establish, determine and vary the application of the use district regulations herein established, which permission shall be confirmed by resolution of Council before becoming effective, as follows:

(a) Permit the extension of a building or use into a more restricted district immediately adjacent thereto but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized;

(b) Permit the extension of a nonconforming use or building upon the lot occupied by such use or building;

(c) Permit in a use district any use deemed by the Planning Commission in general keeping with the uses authorized in such district; and

(d) Permit the location in any use district of any use, provided such use in such location will not in the judgment of the Planning Commission substantially and permanently injure the appropriate use of neighboring property, provided the petitioner files the consents, duly acknowledged, of the owners of eighty percent of the area of the land deemed by the Planning Commission to be immediately affected by the proposed use.

(Ord. 1957-2. Passed 3-12-57.)

1147.02 NONCONFORMING USES, BUILDINGS.

(a) A nonconforming use existing at the time such use became nonconforming may be continued. A nonconforming use shall not be extended except as authorized by Section 1147.01, but the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time such use became nonconforming shall not be deemed the extension of a nonconforming use.

A nonconforming use may not be changed unless changed to a more restricted use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to any nonconforming use. A nonconforming use, if changed to a more restricted nonconforming use, may not thereafter be changed unless to a still more restricted use. For the purpose of this Zoning Code, a more restricted use is a use appearing in a prior or preceding classification of uses as set forth in Sections 1141.02 to 1141.08, inclusive, of this Zoning Code.

(b) It shall not be unlawful for the owner of any residential dwelling which is nonconforming by reason of a set back or side yard distance at the time of the passage of this section, to extend, enlarge or add to said nonconforming dwelling if the Building Commissioner determines that the extension, enlargement or addition would not result in any additional violation of the Codified Ordinances. This subsection shall apply only to single family residential dwellings and not to any accessory, utility or garage structure or building. (Ord. 1994-45. Passed 12-13-94.)

1147.03 ABANDONED NONCONFORMING USE .

A nonconforming use which has been abandoned shall not be restored or replaced. A nonconforming use shall be considered abandoned when the intent of the owner to discontinue the use is apparent, when it has been replaced by a conforming use, or when the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six months.

(Ord. 1298. Passed 12-19-45.)

1147.04 NONCONFORMING USE, CHANGE, DESTRUCTION, ACCESSORY BUILDING.

It shall be unlawful for the owner or tenant of any building or premises to change or enlarge any nonconforming use thereof unless and until a certificate shall have been issued by the Planning Commission stating that such change or extension has been duly authorized by the Planning Commission and approved by Council as provided in Section 1147.01.

A nonconforming building or use more than fifty percent destroyed or removed by whatever cause, including acts of God, shall not be restored or replaced except by a permit authorized by Council on the recommendation of the Planning Commission. A nonconforming building or use partially destroyed or removed by whatever cause shall not be restored or replaced except by permission of the Planning Commission.

The use of any building or structure incidental or accessory to a nonconforming use of land or premises shall not be extended or enlarged, and if discontinued at any time for any reason shall not be resumed.

(Ord. 1369. Passed 4-22-47.)

1148.01 INTENT.

(a) The U-5 (HR) and U-5 (HR) MU Office Building High-Rise (Overlay)

Districts are intended to provide overlay zoning districts devoted exclusively to professional, business, financial, sales and governmental services and certain specifically enumerated ancillary uses, provided that:

(1) All such activities are conducted within enclosed buildings designed and developed in a totally unified, organized and harmonious arrangement of buildings and public spaces;

(2) No goods are distributed therefrom;

(3) Such uses will maintain the basic character of the underlying U-5 Office Building and Research Laboratory District in terms of building and site appearance; and

(4) The degree of activity and other aspects of operation will be compatible with the surrounding areas.

(b) The U-5 (HR) and U-5 (HR) MU Districts are established by this Zoning Code and are defined as overlay districts on the official Zone Map adopted as part of this Zoning Code. As disclosed by the Zone Map, land located in a standard U-5 District may also be located in a U-5 (HR) or U-5 (HR) MU District. In situations where land is located in both Districts, all provisions of this Zoning Code applicable in the standard U-5 District shall apply to such land and any structure thereon except during such time as a preliminary plan for a U-5 (HR) or U-5 (HR) MU District use has been approved and is in force and effect. During such time as an approved U-5 (HR) or U-5 (HR) MU preliminary plan is in force or effect, all provisions of this Zoning Code and chapter applicable in such U-5 (HR) or U-5 (HR) MU District shall also apply to such land and any structure thereon, provided that during such time, the provisions of this Zoning Code and chapter applicable in a U-5 (HR) or U-5 (HR) MU District shall prevail and take precedence over any conflicting provisions of this Zoning Code or chapter applicable in a standard U-5 District.

(Ord. 1994-10. Passed 3-22-94.)

1148.02 PERMITTED USES.

(a) The following uses are permitted in a U-5 (HR) Office Building High-Rise (Overlay) District:

(1) Class U-5 uses. As set forth in Sections 1141.05 and 1145.04 of the Zoning Code;

(2) Offices. Professional, business, financial, sales end governmental.

(3) Ancillary uses. The following ancillary uses within the main building of a Class U-5 (HR) District, if approved by the Planning Commission:

A. Sit-down restaurant, lounge, employee cafeteria and snack bar;

B. Banks, stock brokerages and other financial services;

C. Newsstand, barber and beauty shop;

D. Employee physical fitness facility; and

E. Any other similar service or retail facility engaged primarily in providing service to the office building tenants and their employees.

(b) The following uses are permitted in a U-5 (HR) MU District:

(1) Class U-5 uses. As set forth in Sections 1141.05 and 1145.04 of this Zoning Code;

(2) Offices. Professional, business, financial, sales and governmental;

(3) Hotels and motels. Provided no cooking facilities are included in any guest room;

(4) Full services restaurants;

(5) Retail sales and services. General retail business uses as permitted in a Class U-4 (Retail Business) zoning district except that: plumbing and heating stores; assembly and dance halls; automobile salesrooms and repair and storage garages; gasoline service stations; and freestanding fast food or quick service restaurants shall not be permitted.

(6) Ancillary uses. The following ancillary uses may be permitted within the main building of a Class U-5 (HR) MU District if approved by the Planning Commission:

A. Sit-down restaurant, lounge, employee cafeteria and snack bar.

B. Banks, stock brokerage and other financial services.

C. Newsstand, barber and beauty shops.

D. Employee physical fitness facility.

E. Any other similar service or retail facility engaged primarily in providing service to the office building tenants and their employees.

(Ord. 1994-10. Passed 3-22-94.)

1148.03 LOT, BUILDING AND USE AREA REQUIREMENTS.

(a) In a U-5 (HR) MU District, the building size and lot area for any full service restaurant shall be not less than 5,000 square feet and one and one-half acres respectively.

(b) In a U-5 (HR) MU District, the lot area for any motel/hotel shall be not

less than three acres.

(c) In a U-5 (HR) MU District, a single retail business use shall not occupy more than 50,000 square feet of ground floor area.

(d) In a U-5 (HR) MU District, the maximum building coverage of a retail business use or uses shall not exceed twenty-five percent (25%).

(e) In a U-5 (HR) MU District, a retail business use (or uses) shall not comprise more than thirty-five percent (35%) of the total building floor areas of any single development plan.

(f) In a U-5 (HR) MU District, a single development area shall not be less

than twenty-five contiguous acres.

(Ord. 1994-10. Passed 3-22-94.)

1148.04 YARDS AND SETBACKS.

The location of buildings and off-street parking areas within a U-5 (HR) and U-5 (HR) MU District shall be in accordance with the following schedule:

OFFICES, HOTELS AND MOTELS AND FULL SERVICE RESTAURANTS

	Rockside Rd. (ft.)	Westcreek Rd. (ft.)	Other Dedicated Street (ft.)
Front Building Setback (ft.):
(Bldg. ht. 60 or less)	100	100	75
(Bldg. ht. greater than 60 feet)	100 or bldg. ht. x (1.1) or whichever is greater	100 or bldg. ht. whichever is greater	100 or ht. x (1.1) or whichever is greater
Front Parking Setback (ft.):	100	50	20
Side Building Setback (ft.):
(Bldg. ht. 60 or less)	50	35	25
(Bldg. ht. greater than 60)	Equal to ht. of bldg.	Equal to ht. of bldg.	Equal to ht. of bldg.
Side Parking Setback (ft.):	10	10	10
Rear Building Setback (ft.):
(Bldg. ht. 60 or less)	50	50	50
(Bldg. ht. greater than 60)	Equal to ht. of bldg.	Equal to ht. of bldg.	Equal to ht. of bldg.
Rear Parking Setback (ft.):	10	10	10

RETAIL BUSINESS USE

1148.05 BUILDING HEIGHT.

Buildings permitted in a U-5 (HR) or U-5 (HR) MU District may be erected to a height not to exceed 160 feet, measured from the existing grade at the primary entrance of the building, and the roof line of the building shall not exceed the elevation of 935 feet above sea level, whichever is more restrictive, provided that fire lanes acceptable to the Fire Chief are reserved for emergency service to such buildings. Retail business buildings shall not exceed two stories in height.

(Ord. 1994-10. Passed 3-22-94.)

1148.06 OFF-STREET PARKING.

Off-street parking for uses in the U-5 (HR) or U-5 (HR) MU District Building High-Rise and Mixed Use District shall comply with the requirements of Chapter 1181 of this Zoning Code, except as modified hereinafter:

(a) Off-Street Parking Required.

(1) Office uses (professional, business, financial, sales and governmental): 3.5 spaces per 1,000 sq. ft. of gross floor area.

(2) Restaurant/lounge within office building: 10 spaces per 1,000 sq. ft. of gross floor area.

(3) Restaurant/lounge freestanding building: 18 spaces per 1,000 sq. ft. of gross floor area.

(4) Hotel/motel: One space per guest room plus one space per each employee.

(5) Retail business uses: Five spaces per 1,000 sq. ft. of gross floor area.

(b) Parking Dimensions (90 degree angle):

(1) Stall width: 9.0 feet

(2) Stall length: 18.0 feet

(3) Aisle width: 22.0 feet.

(Ord. 1994-10. Passed 3-22-94.)

1148.07 SUBMISSION REQUIREMENTS; PLANS AND SUPPORTING DATA.

Any developer whose land is within a U-5 (HR) or U-5 (HR) MU Office Building High-Rise (Overlay) District shall submit a proposal to the Planning Commission for the establishment of a U-5 (HR) or U-5 (HR) MU use. Such proposal shall include the following:

(a) Survey. An engineer's survey of the property, including topography, indicating the ownership and acreage of the area proposed for development;

(b) Preliminary Site Development Plans.

(1) The location, size, height and orientation of all buildings;

(2) The proposed system of circulation for all vehicular and pedestrian traffic; and

(3) The arrangement and layout of all off-street parking areas and facilities.

(c) Traffic Study. Prepared by a professional traffic engineer, assessing the traffic impact of the proposed development on the subject site and surrounding street system;

(d) Preliminary landscape improvements; and

(e) Preliminary site engineering improvements.

(Ord. 1994-10. Passed 3-22-94.)

1148.08 EVALUATION BY PLANNING COMMISSION; REPORT AND RECOMMENDATION TO COUNCIL.

The Planning Commission shall evaluate the preliminary plan and issue a written report to Council containing its report and recommendation with respect thereto. If the Commission finds that the preliminary plan and supporting data are in accordance with the provisions and intent of this chapter regarding Office Building High-Rise District uses, the other applicable provisions of this Zoning Code and other ordinances of the City, it shall approve the preliminary plan and recommend to Council that the specific property set forth in such plan be developed for a U-5 (HR) or U-S (HR) MU District use. If the recommendation to Council is that the preliminary plan be modified or disapproved, the report to Council shall state the findings of any failure of compliance with this chapter, other provisions of this Zoning Code or other ordinances of the City.

(Ord. 1994-10. Passed 3-22-94.)

1148.09 ACTION BY COUNCIL.

After receipt of the recommendation by the Planning Commission, Council shall either approve, disapprove or modify the preliminary plan. Council may affirm any report of the Commission by a majority vote of its members. If Council rejects or modifies the report of the Commission, it shall do so only by the affirmative vote of not less than three-fourths of its members. (Ord. 1994-10. Passed 3-22-94.)

1148.10 FINAL PLANS AND BUILDING PERMITS.

(a) At any time within one year after Council's approval of the preliminary plan, the developer may file with the Planning Commission a final plan of the U-5 (HR) or U-5 (HR) MU Office Building High-Rise and Mixed Use (Overlay) District area, which final plan shall include a final site plan, building construction drawings, landscape and site engineering improvements. If the Commission finds that the final plan is in accordance with the approved preliminary plan and any conditions thereon, and is otherwise in accordance with all other applicable ordinances, it shall approve such plan. Thereafter, the developer may apply for and be granted building permits after compliance with the regular procedures of the City, and after compliance with all applicable ordinances and the payment of the required fees.

(b) For any such final plan or portion thereof, the developer must provide a proposed building construction schedule for the final plan or portion thereof he intends to proceed with which will demonstrate achievement of the proportionality set forth in Section 1148.03. Such schedule, upon approval by Council, shall be adhered to by the developer. (Ord. 1994-10. Passed 3-22-94.)

1148.11 VARIANCES.

(Ord. 1994-10. Passed 3-22-94.)

1149.01 INTENT.

The intent of this chapter is:

(a) To provide for the use of land so located that residential or retail development is not desirable but where residences and retail stores are in close proximity;

(b) To provide locations for storage and manufacturing uses limited to those which do not create any danger to the health and safety of their immediate neighbors or the surrounding areas;

(c) To provide for those uses which do not create a substantial amount of noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences;

(d) To provide such density regulations and landscape requirements which will further control any of the foregoing objectionable influences;

(e) To provide locations for those uses which require access to major highways for transportation of processed raw materials and finished products;

(f) To provide for all uses to be conducted wholly within completely enclosed buildings; and

(g) To prohibit the storage of explosives and flammable gases, solids or liquids as a main use. (Initiative Ord. Voted 11-8-60.)

1149.02 PERMITTED USES.

Buildings and land in a Class U-5A District shall be used and buildings shall be designed, altered, moved or intended only for the uses specifically designated as Class U-5A uses in Chapter 1141 of this Planning and Zoning Code, except that any other use not specifically permitted in any other use classification and not listed in Class U-7 uses in Chapter 1141 may be permitted, provided the Planning Commission determines and Council confirms that it conforms to the requirements and standards of this district and is similar to the uses specified as to its effect upon surrounding uses, hours of operation, amount of traffic generated and services required.

All permitted main and accessory uses in this Class U-5A District shall be conducted wholly within enclosed buildings.

Accessory uses customarily incident to the main uses listed in Chapter 1141 shall be permitted, provided they are planned and developed in connection with the main building. Such accessory uses shall be:

(a) The sale of drugs in medical buildings; the sale, serving and consumption of food, soft drinks, juices, ice cream at such places as lunch rooms for the convenience of employees and patrons of the main use;

(b) Parking garages; off-street parking and loading and unloading areas for employees and customers as provided in other sections of this Planning and Zoning Code;

(d) Incineration facilities, provided the incinerator is enclosed within an approved structure and conforms to the regulations of Part III, Section 3.1 to and including Section 3.13 "Bulletin 82, National Fire Protection Association".

(Initiative Ord. Voted 11-8-60.)

1149.03 AREA, YARD AND HEIGHT REGULATIONS.

(a) Area Regulations. The area of a lot occupied by a main use shall be a minimum of four acres with a minimum frontage of 250 feet.

The ground area occupied by all buildings shall not exceed twenty-five percent of the total area of the lot.

(b) Yard Regulations.

(1) Front yard. A front yard of not less than 100 feet in depth shall be provided unless shown otherwise on the Zone Map. The required office portion of any storage or limited manufacturing use shall face the street.

(2) Side yard. Two side yards shall be provided on each zoning lot. Where adjoining a residential district or a public street the side yard shall be not less than 100 feet unless shown otherwise on the Zone Map. When adjoining any other district or within this district, each required side yard shall be not less than forty feet unless shown otherwise on the Zone Map. No side yard shall be required between buildings located on the same zoning lot.

(3) Rear yard. Where adjoining a residential district the depth of the rear yard shall be not less than seventy-five feet. In all other locations the rear yard shall be not less than forty feet. The Planning Commission may require a fence, wall or hedge where a residential district adjoins a rear or side yard of this classification.

(c) Use of Yard for Accessory Off-Street Parking and Loading Spaces. Accessory off-street parking shall not be permitted in front of a building which faces a frontage street. Accessory off-street parking shall be permitted in a required side or rear yard but located not less than thirty feet from a residential district line. Accessory off-street loading shall be permitted in a required side or rear yard but located not less than fifty feet from a residential district line.

(d) Landscaping in Yards. In addition to the required landscaping, all portions of required yards in which no off-street parking or loading spaces are permitted shall be developed as lawn or planted areas or maintained in an orderly wooded state.

(e) Height Regulations. Height of the buildings shall not exceed thirty-five feet or two stories, exclusive of towers, cornices or similar decorative features as shall be approved by Council. (Ord. 1972-39. Passed 5-23-72.)

1149.04 OFF-STREET LOADING FACILITIES.

(a) Loading facilities shall be located on the same lot as the main building or use served and located so that a public street or sidewalk will not be occupied during the loading or unloading process.

(b) Off-street loading facilities shall not be permitted in front of the building which faces the frontage street. This shall not be construed to prohibit off-street loading at the side of a building, except on a corner lot adjacent to a street.

(c) Off-street loading spaces shall be provided with surface improvements as required for parking areas in Section 1181.11 of this Planning and Zoning Code.

(d) Repairing or servicing of motor vehicles shall not be permitted in a required off-street loading space. Space required and allocated for off-street loading shall not be allocated or used to satisfy the space requirements for required off-street parking.

(e) Off-street loading space shall be provided as determined by the Planning Commission. In all cases, off-street loading spaces shall be provided for a building or a group of buildings so that the length of the required space shall be in accordance with the usual size of truck employed for loading or unloading. Each space shall have a vertical clearance of at least fourteen feet. The required areas shall be exclusive of aisle and maneuvering space. (Initiative Ord. Voted 11-8-60.)

1149.05 PERFORMANCE STANDARDS.

(a) Enclosed Buildings. All permitted main and accessory uses shall be conducted wholly within enclosed buildings.

(b) Fire and Explosive Hazards.

(1) The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls.

(2) All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.

(3) Automatic sprinkling systems may be required.

(4) All buildings shall be accessible to fire-fighting equipment and shall comply with other fire prevention codes of the City and the State.

(1) Liquid wastes shall not be discharged into a reservoir, stream, storm sewer or other open body of water unless given primary and secondary treatment.

(2) Solid wastes shall be stored in buildings.

(d) Smoke. The basic fuel used for heating or other purposes shall be other than coal.

(e) Toxic or Noxious Matter. Emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot shall not be permitted.

(f) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which adversely affect any equipment at or beyond the boundaries of the zoning lot shall not be created or permitted.

(g) Vibrations, noise or other disturbances which adversely affect the use, peace or quiet enjoyment of other properties shall not be created or permitted.

(Initiative Ord. Voted 11-8-60.)

1149.06 DEVELOPMENT PLANS.

(a) Submittal of Development Plans. Preliminary and final development plans shall be prepared for all proposed developments in the Class U-5A District and submitted to the Planning Commission and shall include:

(1) Property line and topographic survey showing land owned and proposed for development;

(2) Surrounding streets and the adjoining lots with the nearest buildings thereon;

(3) Proposed buildings; locations, size, heights and use of all main and accessory buildings; the general design and color;

(4) Traffic: proposed system of circulation of vehicular traffic including delivery trucks; details for connections to present streets; type of pavement; and plans for control of traffic in and around the development;

(5) Parking areas: layout and estimate of number of spaces, design features, type of pavement, location and type of lighting fixtures;

(6) Utilities: plans for all utility installations and connections and estimated requirements;

(7) Other site developments, including grading and drainage, designs of landscaped yards, planting areas and strips adjoining residential areas;

(8) Signs: the size, location and nature of outdoor signs shall be presented to Council for its approval as required by Section 1359.01 of the Building Code; and

(9) The scale of drawings shall be at least 100 feet to the inch or larger scale as the Commission may require.

(b) Approval of Development Plans. The following requirements for approval of preliminary and final development plans shall be complied with:

(1) The preliminary development plan shall be submitted to the Planning Commission for study and review to determine whether the provisions of this chapter are or can be complied with.

(2) A copy of such preliminary development plan shall also be presented to the Architectural Board of Review for study and for any modifications and suggestions which such Board deems advisable to recommend to the developer.

(3) Thereafter, if the preliminary development plan, together with any modifications thereof adopted by the developer, is found by the Planning Commission to be in accord with the requirements of this chapter, and approved by Council, it shall approve such preliminary development plan.

(4) Thereupon, the developer may prepare a final development plan consistent with the Building Code and this chapter which shall be presented to the Planning Commission.

(5) If such final development plan is found to comply with the preliminary development plan as previously approved by the Commission and the provisions of this chapter, it shall be approved by the Planning Commission.

(6) Upon approval of the final development plan by the Planning Commission, and submission of detailed building plans, the developer may then apply for a building permit. A building permit shall be issued by the Inspector of Buildings if the final development plan and building plans are found to comply with the Building Code, the Zoning Code and other applicable ordinances of the City.

(7) The final development plan may be modified by the developer by the same procedure required for the original preliminary and final development plan.

(8) Failure to begin the construction of all or a substantial portion of the approved final development plan within one year after the issuance of a permit shall void the plan as approved unless an extension of time is granted by Council.

(c) Occupancy. No use or occupancy shall be permitted until the development plan and buildings for which a building permit has been issued are substantially 100 percent completed and an occupancy permit must be obtained from the Inspector of Buildings. (Initiative Ord. Voted 11-8-60.)

1149.07 VARIANCE.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this chapter, the Board of Zoning Appeals shall have power in a specific case to vary any such provision in harmony with the general purpose and intent of this chapter so that the public health, safety and general welfare may be secured and substantial justice done.

(Initiative Ord. Voted 11-8-60.)

1150.01 INTENT.

The Campus Office District and regulations are established herein in order to achieve, among others, the following purposes:

(a) To provide a zoning district devoted exclusively to office use in low-rise buildings harmoniously designed and arranged in a campus-like setting;

(b) To protect adjacent residential areas by regulating the bulk and spacing of office uses, particularly at common boundaries;

(c) To promote the most desirable land use and traffic patterns in accordance with the objectives of the Master Plan; and

(d) It is the intent of the Independence Planning Commission that the architectural design of buildings within the City’s campus office Building Zoning District reflect a western reserve architectural style; and, the Architectural Review Board be so advised in terms of its project review and approval process.

(Ord. 2004-25. Passed 6-8-04.)

1150.02 USE REGULATIONS.

Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part, in Campus Office Building Districts, only for the uses set forth in the following schedules and regulations.

(a) Main Buildings and Uses Permitted. Office buildings and offices, including professional, financial, governmental, public utility, executive, administrative offices, and sales offices, provided that only samples are displayed or stored on the lot and that no goods are distributed therefrom;

(b) Similar Main Uses Permitted. Any other office use not listed above or in any subsequent use classification and determined to be similar by the Planning Commission and Council; and

(c) Accessory Uses Permitted. Any accessory use which is incidental to the main uses, provided that it is planned and developed integrally with the main building and that it has no injurious effect on adjoining use districts, such as:

(1) Storage garages and off-street parking areas for employees and customers as required in Chapter 1181 ;

(2) Maintenance and storage facilities; and,

(3) Signs, including business, identification, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1151 .

(d) Ancillary Uses. The following ancillary uses may be permitted within the main building of a Class U-5 Campus Office District if approved by the Planning Commission:

(1) Employee cafeteria and snack bar;

(2) Banks, stock brokerage and other financial services;

(3) Newsstand, barber and beauty shops;

(4) Employee physical fitness facility; and

(5) Any other similar services or retail facility engaged primarily in providing services to the office building tenants and their employees.

(Ord. 2004-11. Passed 4-20-04.)

1150.03 LAND COVERAGE.

In any Office Building District, notwithstanding any other provision of this Zoning Code, the land area occupied by main and accessory buildings shall not exceed thirty-five percent (35%) of the total area of the parcel being developed.

(Ord. 2004-11. Passed 4-20-04.)

1150.04 ACCESS.

In all Campus Office Building Districts, buildings and land shall either abut a dedicated street or be arranged in groups or clusters such that each group or cluster abuts a dedicated street for the required lot width (although each office building within such group or cluster need not so abut), provided that:

(a) Each office building is accessible by means of a private drive to service, emergency and public safety vehicles in a manner acceptable to the City Engineer;

(b) The method of construction and materials for private drives meet accepted engineering practice and are approved by the Engineer;

(d) The preservation and maintenance of all private drives and utilities on private land are assured in a manner acceptable to the Law Director.

(Ord. 2004-11. Passed 4-20-04.)

1150.05 AREA AND YARD REGULATIONS.

In all Campus Office Building Districts, buildings shall be designed, erected, altered, moved or maintained in whole or in part only in accordance with the following schedule and regulations:

(a) Lot Area and Street Frontage Width. In any Campus Office Building District, the minimum lot area for each separate development shall be not less than five (5) acres. However, additions to any established or approved development may be less than five (5) acres if approved by the Planning Commission.

(b) Minimum Frontage. The minimum frontage upon a dedicated street for any separate Campus Office Building Development shall be not less than two hundred feet (200').

(c) Location of Building and Off-Street Parking Areas. The location of buildings and off-street parking areas within a Campus Office Building District shall be in accordance with the following schedule:

(Ord. 2004-11. Passed 4-20-04.)

SCHEDULE OF MINIMUM YARDS AND SET-BACK DIMENSIONS

FOR OFFICE USES IN CAMPUS OFFICE BUILDING DISTRICTS

In Office Building Districts the yards shall not be less than
set forth in the following schedule:

Main and Accessory Building and Use	Front Yard Setbacks (Distance from Street Right-of-Way)	Side Yard Setback		Rear Yard Setback
Main and Accessory Building and Use	Front Yard Setbacks (Distance from Street Right-of-Way)	Abutting Residential District	Abutting Nonresidential District	Abutting Residential District	Abutting Nonresidential District
Office Buildings	100 ft.	100 ft.	30 ft.	100 ft.	30ft.
Parking Areas and Drives*	50 ft.	35 ft.	10 ft.	35 ft.	10 ft.

*Office building front yard setback may be reduced to 50' from the street right of way where no off street parking is located between the building face and the frontage street.

(Ord. 2004-25. Passed 6-8-04.)

1150.06 YARD SCREENING AND LANDSCAPING.

(a) All areas of the site not covered by parking or building shall be landscaped in accordance with a landscaping design plan as approved by the Planning Commission. Landscaping shall substantially conform to example 1, and shall mean, but is not necessarily limited to, evergreen trees and shrubs.

(b) Wherever an office building is located on a lot which adjoins a Residential District, a front, side or rear yard of not less than set forth in Section 1150.05 shall be provided on the office building lot, such yard(s) shall be raised with an earthen berm having a minimum height of four (4) feet and landscaped with a minimum fifty (50) percent opacity to shield adjacent areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust and to reduce visual encroachment of office buildings, signs and activity.

(Ord. 2004-25. Passed 6-8-04.)

1150.07 HEIGHT REGULATIONS.

The height of any main or accessory building in a Campus Office Building District shall not exceed three (3) stories. Building height shall not be above 32' as measured from the centerline of Brecksville Road in a level line across the site. This measurement shall occur at the mid-point of the parcel frontage. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of thirty-five feet (35') from any exterior wall, does not exceed fifteen feet in height and is adequately screened from view, and provided, further, that such space and screening are approved by the Architectural Review Board.

(Ord. 2004-11. Passed 4-20-04.)

1150.08 OFF-STREET PARKING.

Off-street parking for uses in the Campus Office Building District shall comply with the requirements of Chapter 1181 of this Zoning Code, except as modified hereinafter:

(a) Off-Street Parking Required. Office uses (professional, business, financial, sales and governmental); four(4) spaces per 1,000 sq. ft. of gross floor area; medical/dental office use shall provide five (5) spaces per 1,000 sq. ft. of gross floor area.

(b) Parking Dimensions (90 degree angle):

(1) Stall width: 9.0 feet

(2) Stall length: 18.0 feet

(3) Aisle width: 22.0 feet

(c) Parking Area Landscape. Parking lots and parking lot islands shall be defined with continuous concrete curbing; and parking islands shall be landscaped. Landscaping shall substantially conform to example 2.

(Ord. 2004-25. Passed 6-8-04.)

1150.09 SIGN REGULATIONS.

Signs in a Campus Office Building District shall comply with the requirements of Chapter 1151 of the Zoning Code.

(Ord. 2004-11. Passed 4-20-04.)

1150.10 DEVELOPMENT PLAN.

Site development and building plans shall be prepared by the developer for all proposed developments in any Campus Office Building District and shall be submitted to the Planning Commission for review and approval.

If the development plans are found by the Commission to be in compliance with the requirements of the applicable district and all other applicable parts of this Zoning Code, it shall approve such plans within thirty days from the date of the meeting when all required plans and data had been received. If not found to be in compliance therewith, the Commission may recommend revisions to be made by the developer.

After Commission approval, the developer may apply for a building permit which shall be issued by the Building Commissioner when:

(a) The building plans comply with the requirements of the Building Code;

(b) Building architectural design and landscape improvement plans have been approved by the Architectural Review Board;

(d) All required fees have been paid.

(Ord. 2004-11. Passed 4-20-04.)

1151.01 PURPOSE AND INTENT.

Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among others, the following purposes:

(a) To promote and maintain high quality residential districts and attractive public facilities;

(b) To provide reasonable, yet appropriate, conditions for identifying establishments in non-residential districts by relating the size, type and design of Signs to the type and size of the use;

(c) To eliminate any conflict between advertising Signs and traffic control Signs which would be hazardous to the safety of the motoring public or pedestrians;

(d) To control the design and size of all Signs so that their appearance will be aesthetically harmonious with an overall urban design for the area; and

(e) To promote the most desirable developments and economic activity consistent with the objectives of the planning and development program of the City.

(f) To promote the public health, welfare by avoiding conflicts between Signs and traffic control devices, avoiding traffic hazards, and reducing visual distractions and obstructions.

(Ord. 2020-101. Passed 10-13-20.)

1151.02 DEFINITIONS.

As used in this Chapter; "Sign", either singular or plural, means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a building, person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly on a structure.

Signs are herein classified and defined according to the following:

(a) "Bulletin board" means an announcement Sign.

(b) "Canopy Sign" means a Sign attached to the soffit or fascia of a canopy, covered entrance or walkway, or to a permanent or marquee and not projecting beyond the edges of the same.

(c) "Changeable Copy Sign, Manual" means a Sign designed to display multiple or changing messages whether by manual or mechanical means. Such Signs are characterized by changeable letters, symbols or numerals that are not permanently affixed to the structure, framing, or background allowing the letters, characters, or graphics to be modified from time to time manually or by mechanical devices.

(d) "Changeable Copy Sign, Electronic" means a Sign designed to display multiple or changing messages by electronic means. Such Signs are characterized by digital means allowing the letters, characters, or graphics to be modified from time to time by electronic devices. Electronically changed Signs may include either electronic message boards or digital displays.

(e) "Directional Sign" means a Sign indicating a direction or a location to which traffic, whether pedestrian or vehicular, is requested to move within the parcel for the purpose of traffic control and public safety.

(f) "Monument Sign" means a Sign erected on a free-standing wall or monument not attached to a building with a solid continuous foundation.

(g) "Nameplate" means a Sign indicating the name, address or profession of the person or persons occupying a building, or unit of a building.

(h) "Pole Sign" means a Sign which is supported by or suspended from a Monument column or columns and designed so as to permit pedestrian or vehicular movement thereunder. (Pole Signs are not permitted in any zoning district in the City of Independence.)

(i) "Projecting Sign" means a Sign erected on or attached to the outside wall of a building and which projects out at an angle therefrom.

(j) "Roof Sign" means any Sign that is erected, secured or affixed on or above the roofline of any building or structure.

(k) "Sandwich Board" or "A-Frame Sign" means a type of Sign composed of two boards with one board in front and one behind, creating a "sandwich" effect; or set up in a triangle shape, hinged along the top.

(I) "Temporary Sign" means a Sign constructed of cloth, paper, wood, fabric, or other temporary material, with or without a structural frame, and intended or designed for a limited period of display.

(m) "Wall Sign" means a Sign erected on, attached to, painted on the surface of, or integral with the wall of any building, located in a plane parallel to the plane of the wall, and supported by the building.

(n) "Window Sign" means a Sign painted on, attached or affixed to the interior or exterior surface of windows or doors of a building or otherwise intended to be seen through a window or door.

(Ord. 2020-101. Passed 10-13-20.)

1151.03 SUBSTITUTION/SEVERABILITY.

(a) The content for a previously permitted Sign may be substituted or replaced without the need for any approval by the City's Architectural Review Board provided the Sign's size is not altered.

(b) If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code Chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the code.

(Ord. 2020-101. Passed 10-13-20.)

1151.04 COMPLIANCE; INTERPRETATION; EXCEPTIONS.

Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this Chapter.

The construction, erection, safety and maintenance of any Sign shall be in accordance with the applicable municipal codes. The provisions of this Chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic Signs within the City.

These regulations shall not be applicable to any Sign erected by the City for public purposes. (Ord. 2020-101. Passed 10-13-20.)

1151.05 PERMIT REQUIRED.

(a) A Sign permit issued by the City Building Department shall be required prior to the erection, display, relocation, replacement, reinstallation, or alteration of all Signs except for a Temporary Sign in a U-1 Single, Family Residential District.

(b) Application for a permit to erect, display, place, illuminate or alter a Sign shall be made by the owner or lessee of the property, or their designee, for which a Sign is proposed to the Building Department. The application shall be submitted on forms furnished by the City and shall be made either separately or with the application for a Sign permit. The fee for a Sign permit shall be established by separate ordinance (Section 1307.04) .

(1) The width of the building face or faces which abut the frontage street and, for a building located on a corner lot, the building depth facing the secondary street;

(2) The Sign design and layout proposed, including the total area of the Sign and the size, height, character, materials and color of letters, lines and symbols;

(3) For illuminated Signs, the number of types of lamps and lens material and a statement in writing that the illuminating of such Sign will comply with the provisions of Section 1151.09;

(4) The exact location of the Sign in relation to the building and property lines;

(5) Colored photographs of existing buildings or colored rendering of proposed buildings; and

(6) Details and specifications for construction, erection and attachment as may be required by the Building Code and the name of the Sign contractor or company.

(7) The proposed landscaping plan for the Sign except for Wall Sign and Temporary Sign.

(d) The Building Department shall review the drawings for conformance with the requirements of this Chapter. If the application or drawings do not conform and a variance is requested, the documents shall be forwarded to the Zoning Board of Appeals.

(e) If the applications and drawings conform with the requirements of this Chapter or if a variance has been granted, the application and drawings shall be sent to the Architectural Board of Review which shall:

(1) Review the proposed Sign with regard to appropriateness of size, scale, shape, color and illumination in relation to building size; and

(2) Consider the location, quality, visual impact, influence and relationship to Signs currently existing or those reasonably expected to be erected in the vicinity of the location of the proposed Sign.

(f) The Architectural Board of Review shall approve or disapprove the proposed Sign based upon the finding of the Building Department and its own review. Following approval, a Sign permit shall be issued by the Building Department.

(1) For all Sign applications, except for Wall Signs and Temporary Signs, approval of the landscaping plan must be approved by the City Planner.

(Ord. 2020-101. Passed 10-13-20.)

1151.06 SIGNS AND ADVERTISING DEVICES NEAR HIGHWAYS; STATE PERMIT REQUIRED.

Notwithstanding the other sections of this Chapter, owners and applicants for all permitted advertising devices or Signs located within 660 feet of the edge of the right of way of an interstate or primary State highway shall make application for a permit to the Director of the Department of Transportation of the State of Ohio, c/o Advertising Device Control Section, and comply with all provisions of Ohio R.C. Chapter 5516 prior to applying for a permit from the City. Interstate and primary highways are defined in Ohio R.C. 5516.01.

(Ord. 2020-101. Passed 10-13-20.)

1151.07 DESIGN STANDARDS.

Signs, as permitted in the various zoning districts, shall be professionally designed, constructed and installed so as to be compatible in character with regard to the architecture of the building and property on which they are located, and to the materials, color and size of Signs designed or located on the same building and on adjoining buildings in order to produce an overall unified effect in accordance with the standards set forth in this section.

(a) Wall or Panel Signs. Wall or panel Signs shall not project or extend more than twelve inches from the building wall to which they are attached and shall be set back from the end of a building or party wall line for a distance of at least three feet and shall not project above the building wall or coping of a mansard roof.

(b) Projecting Signs. Projecting Signs shall not extend more than three feet from the face of a building and the lowest portion of such Sign shall not be less than eight feet above the finished grade of a sidewalk or other pedestrian way.

(c) Sign Height. The maximum height of Monument Signs shall be in accordance with the height limitations as specified in the specific zoning district regulations.

(d) Vertical Dimension. The lowest member of all Signs which are supported or suspended from a building shall not be less than eight feet above the finished grade of a sidewalk or other pedestrian way. If located over a pavement used for vehicular traffic or within eighteen inches of the vertical projection of the edges of such pavement, the lowest member of the Sign shall not be less than fifteen feet above the finished pavement.

(e) Relation to Openings. Signs shall not project extend over or obstruct the required windows or doors of any buildings.

(f) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name Signs at intersections, or street sight lines or Signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or any symbols or words such as "stop," "go," "slow," etc., or other traffic instruction; and the movement, content, coloring or manner of illumination shall not resemble traffic control Signs.

(g) Movement Restrictions. No Sign shall employ any parts or elements which revolve, rotate, whirl, spin, flash or otherwise make use of motion to attract attention, excepting any Sign performing a public service function indicating time, temperature or, similar service required by Ohio R.C. 5735.50 relative to gas pricing.

(h) Signs at Corner Lots and Driveways. No Sign shall be allowed within a triangle formed between point on the front and side street right-of-way lines within thirty-five feet from their intersection, or within a triangle formed between points on the street right-of-way line and nearest edge of an intersecting drive within thirty-five feet from their intersection.

(i) Continuity. Signs, and their placement, shall be considered in relation to their surroundings and, if seen in series on a building wall, shall have a continuity of design with respect to shape, materials and color.

(j) Style and Color. The style (or design) of Signs shall be consistent throughout a particular building, the colors of Signs shall be compatible with the color of the building facade and other existing and proposed Signs.

(k) Graphics. The lettering on a Sign shall be clearly legible and in scale with the Sign surface upon which it is placed.

(l) Materials. Signs shall be constructed of materials which are of appropriate quality and durability, and which are compatible with the materials of the building upon which such Signs are placed. All Monument Signs shall be constructed of either burnt clay brick, stone or precast panels, and/or other suitable materials so as to conform to the spirit and intent of these ordinances this Chapter as determined by the City's Architectural Review Board.

(m) Structural Design. The construction, erection and maintenance of all Signs shall be in compliance with the Building Code and all other applicable standards and regulations.

(n) Location. Signs must be erected, placed, and maintained located upon the property in which the use is located.

(Ord. 2020-101. Passed 10-13-20.)

1151.08 MEASUREMENT STANDARDS.

The following provisions shall apply to all Signs:

(a) The total area of all Signs permitted on a lot in accordance with regulations set forth in the following sections shall include the area of all of the Permitted Sign faces visible from a public right-of-way, including the area of Signs placed upon the surface of windows or doors.

(b) The area of a Sign shall be measured within a continuous perimeter enclosing the extreme limits of such Sign including all text and graphics and any device used to attract attention provided, however, that structural elements lying outside the limits of such Sign and not forming an integral part of the display shall not be included as Sign area.

(1) For a Sign comprised of individual letters, figures or elements on a Wall or similar surface of a building or structure, or an irregular shaped Monument Sign, the area of the Sign shall be the area of not more than three (3) adjacent regular geometric shapes that encompasses the perimeter of all the elements in the display. Regular geometric shapes are squares, rectangles, circles, ovals, triangles, and trapezoids.

(2) When separate elements are organized to form a single Sign, but the elements are separated by open space, the area of the Sign shall include the space between the elements.

(1) The Sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel or are within 30 degrees of being parallel to each other and are at no point separated by a distance that exceeds two feet.

(2) No more than two display faces shall be permitted.

(3) The portion of a solid Sign base, up to a maximum height of two (2) feet, may be excluded from the calculated Sign area provided such base is adequately screened by landscaping as determined by the Architectural Review Board.

(4) Air between a projecting Sign and the wall to which it is attached, and detached lighting fixtures and associated brackets shall not be included in the calculation of Sign area.

(d) Sign Height. The height of a free-standing Monument Sign shall be measured from the average natural grade at the base of the Sign or support structure to the tallest element of the Sign. A free-standing Monument Sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to any grade change in the area of a Sign.

(e) Building Frontage and Building Unit. For the purposes of these Sign regulations, the length of the building wall that faces a public street other than a limited access highway or that contains a public entrance to the uses therein shall be considered the building frontage.

(1) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls. Any Sign owner may appeal the removal herein, in accordance with the provisions set forth in Section 1365.17 of the Codified Ordinances.

(2) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.

(3) A building is considered to have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.

(4) For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

(Ord. 2020-101. Passed 10-13-20.)

1151.09 ILLUMINATION OF SIGNS.

(a) Signs in residential districts shall not be illuminated, except as specifically provided herein.

(b) Signs in business, industrial, office, and institutional districts may be illuminated. Where illuminated Signs are permitted, they shall conform to the following requirements:

(1) All illuminated Signs shall comply with the requirements of the National Electric Code.

(2) Electrical wiring serving any Sign shall be installed underground or on or within the structure to which the Sign is attached.

(3) Illumination shall not be of excessive brightness and shall be shielded so as to prevent direct light or glare from being cast into any adjoining residential areas or at vehicles traveling on a public right-of-way. Such lighting shall be shielded so as to prevent view of the light source from any adjoining residence or residential district and/or vehicles approaching on a public right-of-way from any direction.

(4) Flashing, moving or intermittent illumination is prohibited.

(5) The colors red or green, whether in direct illumination or reflection, shall not be used where such use may interfere with the sight lines of a traffic Signal.

(Ord. 2020-101. Passed 10-13-20.)

1151.10 U-1 SINGLE FAMILY RESIDENTIAL DISTRICT SIGNS.

Accessory Signs in Class U-1 Single-Family Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations as provided in this section:

(a) One wall or panel nameplate not exceeding two (2) square feet in Sign face area, may be located on any dwelling.

(b) Temporary Signs not exceeding seven (7) square feet in area nor four (4) feet in height per Sign and thirty (30) square feet in total, shall be permitted for each parcel number, provided such Sign shall be located not less than fifteen feet from any side lot line or ten feet from any street right-of-way line.

(c) One Temporary Sign shall not exceed sixteen (16) square feet in area and nor six (6) feet in height on the permanent parcel in which a dwelling is being constructed not less than fifteen feet from any side lot line or ten feet from any street right-of-way line. The Sign permitted in this subsection shall be immediately removed upon the issuance of an occupancy permit for the dwelling.

(d) One permanent Monument Sign not exceeding thirty (30) square feet in single face Sign area and five (5) feet in height may be permitted for each entrance to the subdivision or residential development provided the Sign is located on common area property owned by a subdivision or development's Homeowners' Association provided the Sign is located on common area property owned by a Homeowners' Association established and maintained in accordance with Ohio R.C. Chapter 5312. Such Sign shall be set back not less than ten feet from the street right-of-way line and shall comply with the provisions of Section 1151.07 (h).

(e) No Sign permitted by this section shall be illuminated.

(f) Each Sign shall be apart and separated by at least thirty-six (36) inches from any other Sign.

(Ord. 2020-101. Passed 10-13-20.)

1151.11 U-3 CITY AND PUBLIC OWNED FACILITY/BUILDING SIGNS.

This Chapter shall not be applicable to any Signs erected by the City on City owned property for public purposes.

(Ord. 2020-101. Passed 10-13-20.)

1151.12 U-4, U-4A, U-6A BUSINESS DISTRICT SIGNS.

(a) Use Types and Structural Types Permitted. Signs in retail business and service uses shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations.

(b) Maximum Area Permitted. The maximum Sign face area of all permitted Signage for each building or unit of a building shall be related to the width (or frontage) of the building or building unit thereof. Maximum Sign face area shall be determined as follows:

(1) The total maximum Sign face area for all Signage permitted for a business use or uses shall be determined by the formula: business building frontage x 1.35 - See Illustration/Business Signs following the text of this Chapter.

(2) The total maximum Sign face area permitted for all Signage on the business building or unit thereof shall be determined by the formula: building or building unit width x 1.0 - See Illustration/Business Signs following the text of this Chapter.

(c) Temporary Signs. The maximum Sign face area of permitted Temporary Signs shall be in accordance with paragraph (1)(1) herein.

(d) Number, Location and Area Regulations.

(e) Wall Signs. One Wall Sign may be permitted for each separate business use.

(1) The maximum Sign face area of a single Wall Sign shall be determined by the formula in paragraph (b)(2) hereof. However, a single wall Sign shall not exceed seventy-five (75) square feet in Sign face area and three (3) feet in vertical dimension.

(2) A business space within a building having frontage on a second street or a secondary public entrance to a parking area may be permitted additional Signage along such secondary frontage or entrance which shall, however, not exceed twenty percent of the area of the Signs permitted along the main building facade.

(3) Service entrances to a business space may be identified by a nameplate on the building not exceeding two (2) square feet in single face Sign area.

(f) Monument Signs. Business uses may be permitted either one Monument Sign in accordance with the other provisions of this section.

(1) Monument Signs shall be not less than twenty-five feet from another business lot and not less than one hundred (100) feet from any residential district line. A Monument Sign shall be set back a minimum of ten (10) feet from the street right-of-way line. No Sign shall be allowed within a triangle formed between point on the front and side street right-of-way lines within thirty-five (35) feet from their intersection, or within a triangle formed between points on the street right-of-way line and nearest edge of an intersecting drive within thirty-five (35) feet from their intersection.

(2) The maximum single face Sign area of a Monument Sign shall not exceed fifty square feet the maximum height of a Monument Sign shall be Five feet.

(3) Monument Signs which were legally in existence prior to the effective date of this Chapter, but which do not conform with the provisions hereof, may be continued as a matter of right provided such Signs comply with all safety regulations and are maintained as required by this Chapter. Normal maintenance and repairs, repainting, and/ or the replacement of tenant panels shall be permitted. Any alteration to the size or structure of such Signs shall cause the Sign to lose its nonconforming status and said Sign shall be brought into compliance with this Chapter.

(g) Business Sign; Multiple Use. A business area containing more than one building, designed and developed as a coordinated unit, or where a business building contains more than one business unit, Signage shall be attached to the building or unit thereof. One permanent Monument Sign may, however, be permitted.

(h) Projecting Signs. One Projecting Sign may be attached to the building wall of each business use. Projecting Signs shall be set back from the end of a building and party wall line for a distance of at least ten (10) feet. The maximum single face Sign area of any projecting Sign shall not exceed nine (9) square feet. The lowest member of any projecting Sign shall be not less than

eight (8) feet above the sidewalk grade.

(i) Canopy. One Canopy Sign may be installed for each business use. The vertical dimension of such Signs shall not exceed eighteen (18) inches and the lowest member shall be not less than eight (8) feet above the sidewalk grade. The maximum single face Sign area of any canopy Sign shall not exceed five (5) square feet. A canopy Sign shall not project or extend beyond the edge of said canopy.

(j) Directional Signs. Directional Signs indicating traffic routes may be permitted in addition to the other limitations of this Chapter, provided that no such Sign exceeds three (3) square feet in a single face Sign area or is closer than fifteen (15) feet to any side lot line or ten (10) feet to any street right-of-way line, and provided that no directional Sign exceeds three (3) feet in height.

(k) Temporary Signs.

(1) One Temporary Sign not exceeding thirty-two (32) square feet in single face Sign area and eight (8) feet in height shall be permitted if it is located on the lot of a proposed building or a building under construction. Such Sign shall be located not less than one hundred (100) feet from the nearest residential lot line and not less than twenty-five (25) feet from the nearest nonresidential lot and street right-of-way line. Permits for such Signs shall be for a period not exceeding one (1) year. However, such permits may be renewed while construction is pursued diligently. Such Signs shall be removed within fourteen (14) days of the commencement of the intended use.

(l) Other Temporary Signs. Temporary Signs may be permitted in addition to the maximum Sign face area of a permanent Monument Sign. Temporary Signs may be placed on the inside surface of windows and doors of buildings, provided that such Signs are not displayed for more than thirty (30) consecutive days. Temporary Signs secured to surfaces other than windows or doors of the main building are prohibited.

(1) One Temporary Sign may be permitted provided such Sign does not exceed fifteen (15) square feet in single Sign area or five (5) feet in height. Such Sign shall be located not less than twenty-five (25) feet from any side lot line or fifteen (15) feet from any street right-of-way line. Illumination shall not be permitted.

(2) Mobile or Moveable Signs are not permitted, except that one (1) temporary, "sandwich board" or "a-frame" Sign per establishment that meets the following requirements may be permitted:

A. Area and Height. The maximum area shall be eight (8) square feet per side. The width of the Sign shall not exceed two (2) linear feet. The maximum height shall not exceed four (4) feet.

B. Location. Such Sign shall be placed only on the lot of the business establishment. Such Sign shall be located not less than twenty-five (25) feet from any side lot line or fifteen (15) feet from any street right-of-way line. Such Sign must be placed so as not to interfere or obstruct pedestrian or vehicular traffic. Signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.

C. Lighting and Display Hours. Signs may not be illuminated and may be displayed during daylight hours only. Signs must be removed each evening by 5:30 p.m. during the period from October 1 through March 31, and by 9:00 p.m. during the period from April 1 through September 30. Signs may only be displayed during business hours.

D. Design. The Sign frame shall be painted or stained wood or anodized aluminum or metal. Plastic framed Signs are prohibited. Windblown devices, including but not limited to balloons, may not be attached or otherwise made part of the Sign.

E. Permit Required. Signs shall not be placed or otherwise used until a Sign permit has been obtained pursuant to Section 1151.05 of this Code. No temporary Sign permit issued pursuant to this section shall extend beyond thirty (30) days, except as determined by the Board of Zoning Appeals.

(m) Service Station Island Signs. Automobile service stations shall be permitted information Signs at fuel pumps and other service islands. Such Signs shall be limited to the display of information regarding the type of service provided and other information essential in directing and instructing the motoring public. The number, area, height and design of such Signs shall be as determined by the Board of Zoning Appeals.

(Ord. 2020-101. Passed 10-13-20.)

1151.13 U-5, U-5HR - OFFICE DISTRICT SIGNS.

(a) Use, Types, and Structural Types Permitted. Signs in office uses shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:

(b) Maximum Area Permitted. The maximum Sign face area of all permitted signage for each building or unit of a building shall be related to the width (or frontage) of the building or building unit thereof. Maximum Sign face area shall be determined as follows:

(1) The total maximum sign face area for all signage permitted for an office use or uses shall be determined by the formula:

Building frontage x 1.35

(2) Building or Unit thereof. The total maximum Sign face area permitted for all signage on the building or unit thereof shall be determined by the formula:

Building or building unit width x 1.0

(c) Temporary Signs. The maximum Sign face area of permitted temporary Signs shall be in accordance with the provision of Section 1151.13 (h)(2)

(d) Number, Location, Design and Area Regulations.

(1) Monument Signs. One permanent Monument Sign shall be permitted on the lot of each office building. A permanent The Monument Sign shall not exceed fifty (50) square feet in single face Sign area.

A. A Monument Sign shall not exceed five (5) feet in height and shall be located not less than twenty-five (25) feet from a side property line and not less than one hundred (100) feet from any residential district line. Any Sign shall be set back a minimum of five (5) feet from a street right-of-way.

B. No Sign shall be allowed within a triangle formed between point on the front and side street right-of-way lines within thirty-five (35) feet from their intersection, or within a triangle formed between points on the street right-of-way line and nearest edge of an intersecting drive within thirty-five (35) feet from their intersection.

C. Free-standing Monument Signs which were legally in existence prior to the effective date of this Chapter, but which do not conform with the provisions hereof, may be continued as a matter of right provided such Signs comply with all safety regulations and are maintained as required by this Chapter. Normal maintenance and repairs, repainting, and/ or the replacement of tenant panels shall be permitted. Any alteration to the size or structure of such Signs shall cause the Sign to lose its nonconforming status and said Sign shall be brought into compliance with this Chapter.

(e) Wall Signs. One Wall Sign shall be permitted for each separate building. The maximum Sign face area of a permanent wall Sign permitted for an office building shall not exceed thirty (30) square feet. Wall Signs shall be designed in accordance with the provisions of Section 1151.07 (a).

(f) Canopy. One Canopy Sign may be installed for each business use. The vertical dimension of such Signs shall not exceed eighteen (18) inches and the lowest member shall be not less than eight (8) feet above the sidewalk grade. The maximum single face Sign area of any Canopy Sign shall not exceed five (5) square feet. A Canopy Sign shall not project extend beyond project beyond the edge of said canopy.

(g) Directional Signs. Directional Signs indicating traffic routes may be permitted in addition to the other limitations of this Chapter, provided that no such Sign exceeds three (3) square feet in a single face Sign area or is closer than fifteen (15) feet to any side lot line or ten feet to any street right-of-way line, and provided that no Directional Sign exceeds three (3) feet in height.

(h) Temporary Signs.

(1) Temporary Sign. One Temporary Sign not exceeding thirty-two (32) square feet in single face Sign area and eight (8) feet in height shall be permitted if it is located on the lot of a proposed building or a building under construction. Such Sign shall be located not less than one hundred 100 feet from the nearest residential lot line and not less than twenty-five (25) feet from the nearest nonresidential lot and street right-of-way line. Permits for such Signs shall be for a period not exceeding one (1) year. However, such permits may be renewed while provided construction is being diligently pursued. Such Signs shall be removed within fourteen (14) days following the issuance of the first occupancy permit.

(2) Other Temporary Signs. One Temporary Sign may be permitted provided such Sign does not exceed fifteen (15) square feet in single face Sign area or five (5) feet in height. Such Sign shall be located not less than twenty-five (25) feet from any side lot line or fifteen (15) feet from any street right-of-way line. Permits for such Signs shall be for a period not exceeding ninety (90) days. Illumination of Signs shall not be permitted.

(i) Office Park Sign. In addition to the Signs permitted in this section, one Monument Sign may be permitted for a unified development of three or more office buildings serviced by a common local access road. The maximum single face Sign area shall not exceed fifty (50) square feet. The Sign shall not exceed five (5) feet in height. Such Sign shall be located at the vehicular entrance to the office park and shall not be allowed within a triangle formed between points on

the street right-of-way line and nearest edge of an intersecting drive within thirty-five feet from their intersection.

(Ord. 2020-101. Passed 10-13-20.)

1151.14 U-5A, U6 MANUFACTURING, INDUSTRIAL DISTRICT SIGNS.

(a) Use, Types, and Structural Types Permitted. Accessory Signs to industrial uses shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:

(1) Monument Signs. One permanent Monument Sign shall be permitted on the lot of each industrial use. A permanent Monument Sign shall not exceed fifty (50) square feet in single face Sign area.

(2) Wall Signs. One Wall Sign shall be permitted for each separate use occupying a building. The maximum Sign face area of all permanent wall Signs permitted for an industrial building shall be directly related to the width of the building for single use buildings, or the width of each separate unit within the building for multiple occupancy buildings.

A. The maximum Sign face area of all wall Signs shall not exceed one (1) square foot for each lineal foot of building or building unit width. The maximum Sign face area of any permanent Wall Sign shall not exceed fifty (50) square feet.

B. Wall Signs shall be designed in accordance with the provisions of Sections 1151.07 (a).

(3) Directional Signs. Directional Signs indicating traffic routes may be permitted in addition to the other limitations of this Chapter, provided that no such Sign exceeds three (3) square feet in a single face Sign area or is closer than fifteen (15) feet to any side lot line or ten (10) feet to any street right-of-way line, and provided that no directional Sign exceeds three (3) feet in height.

(4) Temporary Signs.

A. Temporary Sign. One Temporary Sign not exceeding thirty-two (32) square feet in single face Sign area and eight (8) feet in height shall be permitted if it is located on the lot of a proposed building or a building under construction. Such Sign shall be located not less than one hundred 100 feet from the nearest residential lot line and not less than twenty-five (25) feet from the nearest nonresidential lot and street right-of-way line. Permits for such Signs shall be for a period not exceeding one (1) year. However, such permits may be renewed provided construction is being diligently pursued. Such Signs shall be removed within fourteen (14) days following the issuance of the first occupancy permit.

B. Other Temporary Signs. One Temporary Sign may be permitted provided such Sign does not exceed fifteen (15) square feet in single face Sign area or five (5) feet in height. Such Sign shall be located not less than twenty-five (25). feet from any side lot line or fifteen (15) feet from any street right-of-way line. Permits for such Signs shall be for a period not exceeding ninety (90) days. Illumination of Signs shall not be permitted.

(5) Industrial Park Sign. One Monument Sign may be permitted for a unified development of three (3) or more industrial buildings serviced by a common local access road. The maximum single Sign face area shall not exceed fifty (50) square feet.

(6) Monument Sign. A Monument Sign shall not exceed five (5) feet in height. Such Sign shall be located at the vehicular entrance to the industrial park and shall not be allowed within a triangle formed between points on the street right-of-way line and nearest edge of an intersecting drive within thirty-five (35) feet from an intersection.

(Ord. 2020-101. Passed 10-13-20.)

1151.15 SIGNS FOR SPECIAL CONDITIONAL USE PERMIT ISSUED PURSUANT TO 1141.10.

Signs for any property or use which has been granted a "Special Conditional Use Permit" by City Council shall conform to the regulations of the zoning use district for the property.

(Ord. 2020-101. Passed 10-13-20.)

1151.16 PLANNED MIXED-USE DEVELOPMENT DISTRICT SIGNS.

Signs in the Planned Mixed-Use Development District shall be reviewed and approved by the Planning Commission as part of the approval of the Site Development Plan approval.

(Ord. 2020-101. Passed 10-13-20.)

1151.17 MAINTENANCE OF SIGNS.

All Signs and Sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they were intended, which have been abandoned or which are not maintained in accordance with this Chapter and other applicable regulations of the City shall be removed by the latest permit holder, property owner or the City at the expense of such permit holder or property owner.

(Ord. 2020-101. Passed 10-13-20.)

1151.18 NONCONFORMING SIGNS.

Any Sign conforming as to the regulations prevailing on the effective date of this Chapter but which does not conform with the regulations of this or a subsequent amendment shall be construed as a legal nonconforming Sign.

Any permanent nonconforming Sign, except Temporary Signs, may be maintained and structural parts repaired or restored to a safe condition if required and if a permit is issued. However, any Sign which has been destroyed to the extent of seventy-five (75) percent or more of its cost of restoration to the condition it was before the occurrence shall not be rebuilt, re-erected or relocated unless it shall be made to comply with the provisions of this Chapter and the Building Code as determined by the Building Department.

A Temporary Sign legally nonconforming as to the regulations prevailing on the effective date of this Chapter but which does not conform with the regulations of this or a subsequent amendment shall be made to conform to the regulations this Chapter of this or a subsequent amendment within thirty (30) days of adoption of this Chapter.

(Ord. 2020-101. Passed 10-13-20.)

1151.19 ABANDONED SIGNS.

Any Sign accessory to an abandoned use shall be removed within fourteen (14) days of notification by certified mail or personal service for removal by the Building Department. A use shall be determined abandoned if it is has ceased operations for at least forty-five (45) consecutive days.

Notification shall be deemed sufficient if mailed to the last known address of the owner of the Sign or to the address as shown on the records of the Cuyahoga County Recorder of the owner of the property where the Sign is located.

Any Sign owner may appeal the notice, in accordance with the provisions set forth in Section 1151.22.

(Ord. 2020-101. Passed 10-13-20.)

1151.20 REMOVAL OF SIGNS.

Whenever the removal or maintenance of any permanent Sign has been ordered by the Building Department, the owner of such a Sign shall remove or maintain such Sign within fourteen (14) days after receiving such notice. In the event of noncompliance, the Building Department may remove or cause to be removed or maintain such Sign at the expense of the owner of such Sign or the owner of the property on whose premises it was erected, affixed or attached, and such person shall be individually and separately liable for the expense incurred in the removal of such Sign.

Removal of a Sign shall include the Sign face, enclosing frame, all Sign supporting members and base.

Temporary Signs in existence on the effective date of this section which do not comply with the provisions of this Chapter, and all other Signs heretofore erected or displayed without legal authorization, or as to which a legal nonconforming Sign status has not been established, shall be removed within ten days after the delivery, by certified mail or personal service, of written notice by the Building Department to the owner or occupant of the premises on which such Signs are located ordering removal.

Any Sign owner may appeal the anticipated removal herein, in accordance with the provisions set forth in Section 1151.22.

(Ord. 2020-101. Passed 10-13-20.)

1151.21 SPECIFICATION PLATES.

All Signs hereafter erected shall contain a two inch by four-inch specification plate indicating the date of installation, the Sign permit number, the primary voltage and the voltage and amperage of any electrical components in connection therewith.

(Ord. 2020-101. Passed 10-13-20.)

1151.22 HEARINGS.

(a) When Notice Becomes Final Order. Within ten days of the date of service of a notice under this Chapter, the notice shall constitute a final order unless any person affected by the notice requests a hearing before the Board of Zoning Appeals and serves a written request within the ten-day period in person or by mail on the Chairperson of the Board of Zoning Appeals. Such request for hearing before the Board of Zoning Appeals shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice which are to be disputed at the hearing. The Chairperson of the Board of Zoning Appeals, upon receipt of the request, shall within thirty days therefrom and upon five days' notice of the party aggrieved, set the matter for a hearing.

(b) Determination at Hearing. At any hearing provided herein, the Chairperson of the Board of Zoning Appeals shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of a subpoena, to require by subpoena the production of documents at any such hearing which may be pertinent to matters to be determined by the Chairperson and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten days from the completion of the hearing. The Board of Zoning Appeals shall issue an order either incorporating the determinations and directions contained in the notice, modify the notice, or may withdraw the notice.

(Ord. 2020-101. Passed 10-13-20.)

1151.23 PROHIBITED SIGNS.

The Signs and/or advertising devices enumerated in this section are expressly prohibited in all zoning districts of the City of Independence.

(a) Public Areas. No Sign shall be placed on any curb, sidewalk, public right-of-way, post, pole, hydrant, bridge, wall, tree or other surface located on public property or over or across any public street except as expressly authorized in writing by the Mayor or Building Official. Any unauthorized temporary Sign(s) will be removed, stored by the City for fifteen days, and, if unclaimed disposed of by the City.

(b) Balloons and Search Lights. No gas-filled balloons, or air activated graphics, socks, flags or search lights shall be used for advertising on a permanent basis. Such devices may be permitted on a temporary basis to advertise special events if approved by the Board of Zoning Appeals.

(d) Changeable Copy Signs. Changeable Copy Signs Manual and Changeable Copy Signs Electronic, as defined in Sections 1151.02 (c) and 1151.02 (d), respectively.

(e) Roof Signs. Roof Sings as defined in Section 1151.02 (j).

(Ord. 2020-101. Passed 10-13-20.)

1151.24 EXEMPTIONS TO REGULATIONS.

The following Signage shall be exempt from these Sign regulations:

(a) Signage which is an integral part of the original construction of vending machines, fuel pumps or similar devices;

(b) Cornerstones and permanent building plaques displaying the date of construction, building name or similar information;

(d) Holiday decorations displayed for customary periods of time;

(e) Special Signage determined by the Board of Zoning Appeals to be reasonable considering the intent and regulations of this Chapter; and

(f) Painted wall murals or other similar artwork if approved by the Board of Zoning Appeals and Architectural Review Board.

(g) These regulations shall not be applicable to any Signs erected by the City for public purposes. (Ord. 2020-101. Passed 10-13-20.)

1153.01 DISH-TYPE SATELLITE SIGNAL-RECEIVING EARTH STATION DEFINED.

As used in this chapter, "dish-type satellite signal-receiving earth station," hereinafter referred to as an "earth station," means an antenna of dish shape installed for the purpose of receiving airborne signals related to communications from satellite transmissions.

(Ord. 1984-3, Passed 9-11-84.)

1153.02 PERMIT REQUIRED; FEE.

No person shall erect an earth station in excess of three feet in diameter in the City without first obtaining a permit therefor. The fee for such a permit is fifty dollars ($50.00). (Ord. 1984-3. Passed 9-11-84.)

1153.03 PERMIT APPLICATIONS; REVIEW OF PLANS; AUTHORITY OF ARCHITECTURAL BOARD OF REVIEW.

(a) Any owner who desires to construct or erect an earth station may apply to the Inspector of Buildings for the permit referred to in Section 1153.02. A part owner, occupant or renter must have written permission from the owner of the lot, premises or parcel of land within the City on which such construction or erection is proposed.

(b) The applicant shall submit the permit application upon forms provided by the Inspector of Buildings, along with a plot plan of the lot, premises or parcel of land, showing the exact location of the proposed earth station and the location of all buildings on the subject lot; a description of the kind of earth station proposed; and three complete sets of construction plans, specifications and elevations of the proposed location, with sufficient details to show the method of assembly and construction. Each set of plans and specifications shall show the complete name and address of the subject property owner and the complete name and address of the person who prepared the plans and specifications. The application shall indicate the owner of the subject property, the occupant of the subject premises and the contractor or other person who will be permitted to construct or erect the proposed earth station, who shall be a licensed contractor pursuant to the ordinances of the City. All construction plans shall be certified with a professional engineer's stamp. However, a resident who proposes to construct the earth station by himself or herself shall not be required to have his or her construction plans certified by a professional engineer and shall not be required to employ a licensed contractor for such construction. This exemption shall in no way apply to any other provision of this chapter.

(c) The Inspector of Buildings must notify, by certified mail, adjoining property owners of the proposed earth station site. The notice shall state that the adjoining property owner may register objections to the proposed earth station at the meeting of the Architectural Board of Review at which the application is reviewed. Such notice shall be served not less than ten days prior to such meeting.

(d) The Inspector of Buildings shall review the submitted application and shall note thereon whether or not all of the requirements of this chapter have been satisfied. The provisions of Chapter 1303, so far as they are consistent with this chapter and applicable hereto, shall also apply to the construction of an earth station. However, a permit applicant shall not be required to pay the permit fees required under Chapter 1303.

(e) Once the requirements of this chapter and Chapter 1303 have been satisfied, the application shall be referred to the Architectural Board of Review, which shall have the final authority to grant or deny approval.

(Ord. 1984-3. Passed 9-11-84.)

1153.04 LOCATION.

(a) No earth station shall be erected in any front or side yard or within twenty feet of any lot line.

(b) No earth station shall be erected on the rooftop of any residential structure. An earth station may be located on the roof of a commercial, apartment, hospital, school, church or any other building, if approval is obtained first from the Planning Commission.

(c) No earth station shall be linked to receivers which are not located on the same lot or premises as the earth station, unless the owner or occupant of the premises is operating pursuant to a franchise granted by the City.

(Ord. 1984-3. Passed 9-11-84.)

1153.05 SUPPORT STRUCTURES; CONSTRUCTION.

In the construction and erection of earth stations:

(a) Only metal support, galvanized construction or equal thereto shall be allowed.

(b) Only a concrete base or caissons, depending on soil conditions, shall be employed in line with grade.

(c) The structure shall be designed to withstand a wind force of up to eighty-five miles per hour in a manner conforming with good engineering practices.

(d) Driving motors shall be limited to 110-volt maximum power design, shall be encased in protective guards and shall be in compliance with Article 810 of the National Electrical Code, as adopted in Chapter 1335 .

(e) Underground electrical wiring must be encased in approved PVC conduit or rigid metal conduit with eighteen-inch cover. Overhead wiring must also meet with the approval of the Building Department and comply with Article 810 and related articles of the National Electrical Code.

(f) The earth station must be bonded to an eight-foot grounding rod in accordance with Article 250 and related articles of the National Electrical Code.

(g) If guy wires are used, they must be confined within a fenced area or be protected by a suitable shield.

(h) The structure must be in conformity with Article 810 and related articles of the National Electrical Code.

(Ord. 1984-3. Passed 9-11-84.)

1153.06 DIAMETER.

The diameter of any earth station shall not exceed twelve feet.

(Ord. 1984-3. Passed 9-11-84.)

1153.07 HEIGHT.

The height of any earth station structure shall not exceed fifteen feet from the natural grade level, except as provided in Section 1153.04(b).

(Ord. 1984-3. Passed 9-11-84.)

1153.08 SCREENING; LETTERING; COLOR.

Either a solid fence, at least five feet in height measured from the top of the concrete base or caissons specified in Section 1153.05(b), shall be erected, or landscaping shall be planted, sufficient to form a permanent visual barrier of five feet in height or grade, whichever is higher, so as to permanently shield most of the structure from view from adjoining properties and public rights of way.

No lettering, numerals, symbols, pictorial signs or designs shall be permitted on any surface of the earth station. No earth station dish shall be painted in a color other than gray, white or earth tones.

(Ord. 1984-3. Passed 9-11-84.)

1153.09 APPEALS.

Appeals from decisions of the Architectural Board of Review may be made to the Board of Zoning Appeals as specified in Chapter 1125.

(Ord. 1984-3. Passed 9-11-84.)

1153.10 DISMANTLING AND REMOVAL.

If the residence, commercial structure, office building or other facility upon which an earth station is located, is sold or otherwise transferred, the seller or conveyor of such premises shall cause the same to be dismantled completely, including all support structures and appurtenances, and removed from the property. However, if the purchase contract or other means of conveyance provides specifically for the earth station to remain in place for the use by the successive possessor of the property, then this section shall not apply.

(Ord. 1984-3. Passed 9-11-84.)

1153.99 PENALTY.

Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense.

(Ord. 1984-3. Passed 9-11-84.)

1154.01 DEFINITIONS.

As used in this Chapter, unless otherwise expressly provided or the context otherwise requires:

(a) "Affiliate" when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

(b) "Antenna" means any transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, radio frequencies, wireless communication signals, or other communication signals.

(c) "Applicant" means any person that submits an application to the City to site, install, construct, collocate, modify, and/or operate a Small Cell Facility or Wireless Support Structure in the Public Right-of-Way according to the requirements of this chapter.

(d) "Cable Operator" or "Service Provider" means any person or group who provides cable service over a cable system, and directly or through one or more affiliates, own a significant interest in such cable system; or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

(e) "Cable Service" means the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

(f) "City" means the City of Independence, Ohio.

(g) "Collocation" or "Collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on a Wireless Support Structure.

(h) "Eligible Facilities Request" means the same as defined by the FCC in 47 U.S.C. 1455 (a)(2), as may be amended, which defines that term as "any request for modification of an existing support structure that does not substantially change the physical dimensions of such support structure, involving:

(1) Collocation of new small cell facilities;

(2) Removal of small cell facilities; or

(3) Replacement of small cell facilities.

(i) "Micro Wireless Facility" means a Small Cell Facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does have an exterior Antenna more than eleven inches in length suspended on cable strung between Wireless Support Structures.

(j) "Occupy or Use" means with respect to the Public Right-of-Way, to place a tangible thing in the Public Right-of-Way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a Cable Operator or Service Provider.

(k) "Person" means any individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.

(l) "Public Utility" means an organization supplying a community with electricity, gas, water, or sewerage.

(m) "Public Street" means the paved and unpaved portion of any street, road, boulevard, drives, highway, freeway, parkway, lane court, alley or other Public Right-of-Way in which the City has an interest in law or equity and which has been acquired, established, dedicated or devoted to street purposes.

(n) "Public Right-of-Way" means the surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the City which shall, within its proper use and meaning in the sole opinion of the City's Building Official, entitle a permittee, in accordance with the terms hereof and of any Public Right-of-Way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any Public Right-of-Way permit. Public Right-of-Way shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a Public Right-of-Way permit or by administrative regulation.

(o) "Small Cell Design Guidelines" means those detailed design guidelines, specifications and examples promulgated by the Building Department for the design and installation of small cell facilities and wireless support structures in the Public Right-of-Way, which are effective insofar as they do not conflict with FCC rules and regulations or the General Small Cell Requirements established in this Chapter.

(p) "Small Cell Facility" means a Wireless Facility that meets both of the following requirements:

(1) Each Antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an Antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.

(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(q) "Wireless Facility" means:

(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

A. Equipment associated with wireless communications;

B. Radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

(2) The term includes Small Cell Facilities.

(3) The term does not include any of the following:

A. The structure or improvements on, under, or within which the equipment is Collocated;

B. Coaxial or fiber-optic cable that is between Wireless Support Structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular Antenna.

(r) "Wireless Service" means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using Wireless Facilities.

(s) "Wireless Support Structure" means a pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting Small Cell Facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.

(Ord. 2018-115. Passed 8-14-18.)

1154.02 PURPOSE AND INTENT.

(a) The purpose of this Chapter is to establish general procedures and standards, consistent with all applicable federal and state laws, for the construction, installation, Collocation, modification, operation, and removal of Small Cell Facilities in the Public Right-of-Way.

(b) The intent of this Chapter is to:

(1) Establish basic criteria for applications to locate Small Cell Facilities and Wireless Support Structures in the Public Right-of-Way and authorize the Building Department to develop, publish, and from time to time amend applications and other associated materials to provide clear guidance to applicants;

(2) Ensure that the Small Cell Facilities and Wireless Support Structures are carefully designed, constructed, modified, maintained and removed when no longer in use in conformance with all applicable health and safety regulations;

(3) Preserve the character of the City by minimizing the potentially adverse visual impact of Small Cell Facilities and Wireless Support Structure through careful design, siting, landscaping and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;

(4) Enhance the ability of wireless communications carriers to deploy Small Cell Facilities and Wireless Support Structures in the City quickly, effectively and efficiently so that residents, businesses and visitors benefit from ubiquitous and robust Wireless Service availability; and

(5) Establish an application process and structure for payment of fees and charges to be uniformly applied to all Applicants and owners of Small Cell Facilities and Wireless Support Structures for such facilities.

(Ord. 2018-115. Passed 8-14-18.)

1154.03 INITIAL CONSENT PRESUMED.

(a) No Person shall Collocate a Small Cell Facility and construct, maintain, modify, operate or replace a Wireless Support Structure in the Public Right-of-Way without obtaining prior consent from the City to do so.

(b) A Person with a Small Cell Facility on a Wireless Support Structure in the Public Right-of-Way on the effective date of this Chapter, who lawfully occupies the Public Right-of-Way on the effective date of this Chapter, shall be presumed to have initial consent of the City for its existing Small Cell Facility and Wireless Support Structure to Occupy or Use the Public Right-of-Way which has been previously approved by the City.

(c) Initial presumed consent use of the Public Right-of-Way is limited to the existing Small Cell Facilities and Wireless Support Structures.

(d) A Person with initial presumed consent is not relieved from compliance with this Chapter in respect to Occupy or Use of the Public Right-of-Way.

(Ord. 2018-115. Passed 8-14-18.)

1154.04 PRE-APPLICATION CONFERENCE AND REQUIREMENTS.

(a) Applicants are strongly encouraged to contact the City and request a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed Small Cell Facilities and Wireless Support Structure locations, design, and the application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of Small Cell Facilities and Wireless Support Structures in the City.

(b) An appointment is required for all pre- application conferences. Applicant must contact the Building Department as noted on the application form, who will provide applicants an appointment with the Building Department in a timely manner.

(Ord. 2018-115. Passed 8-14-18.)

1154.05 APPLICATION FOR CONSENT TO OCCUPY OR USE PUBLIC RIGHT-OF-WAY.

(a) Anyone seeking to site Small Cell Facilities in the Public Right-of-Way shall first duly file a written application with the Building Department in accordance with the requirements in this section and additional detailed requirements set forth in the Design Guidelines as modified from time to time by the Building Department.

(b) In accordance with FCC regulations and state law, the Building Department shall classify every application to locate Small Cell Facilities in the Public Right-of-Way as one of the following types:

(1) Eligible Facilities Request: involves the Collocation, replacement, modification or removal of Small Cell Facilities on an existing Wireless Support Structure and does not substantially change the physical dimensions of the existing Wireless Support Structure.

(2) Collocation with Substantial Modifications: involves the Collocation, replacement or modification of Small Cell Facilities on an existing Wireless Support Structure and substantially changes the physical dimensions of the existing Wireless Support Structure.

(3) New Wireless Support Structure: involves the Collocation, replacement or modification of a Wireless Support Structure associated with a Small Cell Facility within the Public Right-of-Way.

(4) Wireless Support Structure Removal: involves the removal of a Wireless Support Structure installed within the Public Right-of-Way in association with a Small Cell Facility.

(c) The applicant shall submit to the City the following materials and information associated with each Small Cell Facility application in order for the application to be considered complete:

(1) Completed application form and fee as specified in the application;

(2) A scaled and dimensioned site plan (not smaller than one inch equals 50 feet) clearly indicating the following:

A. The proposed location within the Public Right-of-Way including nearest cross street intersection(s);

B. For adjacent parcel(s) perpendicular to the proposed Small Cell Facility location, property ownership, including current ownership;

C. All existing conditions within 400 feet of the proposed location, including but not limited to, buildings, utilities with the Public Right-of-Way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead facilities, Small Cell Facilities and Wireless Support Structures, sidewalk/shared-use paths, driveways and street trees.

D. Dimensions shall be provided from the proposed Small Cell Facilities to existing Wireless Support Structures and equipment, utility structures, back of curb/edges of pavement including driveways, sidewalks and shared-use paths.

E. Dimensions shall be provided between proposed Wireless Support Structures and associated ground mounted equipment.

F. Scaled and dimension elevations/profiles of existing Wireless Support Structures clearly indicating the following, as applicable:

i. Height from established grade at the base of the Wireless Support Structure to the highest point of the Wireless Support Structure and the height to the highest point of proposed Antenna or Antenna enclosures, as applicable.

ii. Height from the established grade at the base of the Wireless Support Structure to the lowest point of all proposed small cell equipment to be installed on the Wireless Support Structure.

iii. The distance from the outer edge of the Wireless Support Structure parallel to the other edge of all equipment associated with the Small Cell Facility to be installed on the support structure.

G. Scaled and dimension details of proposed Small Cell Facilities, clearly indicating the following, as applicable:

i. Height, width, depth and volume in cubic feet of all proposed Antenna and exposed elements and/or proposed Antenna enclosures.

ii. Height, width, depth and volume of all other wireless equipment associated with the facility, with all electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches and vertical cable runs for the connection of power and other services clearly labeled.

iii. Method of installation/connection to pole of ground, as applicable.

iv. Electrical plans and wiring diagrams.

v. Color specifications for all small cell support structures and associated exposed equipment, cabinets and concealment elements.

vi. Footing and foundation drawings and structural analysis sealed and signed by a professional engineer in the State of Ohio

H. Specification sheets for all Small Cell Facility equipment proposed, including poles, equipment cabinets, shrouds or concealment devices, Antennas, meters, radios, switches, telecommunications demarcation boxes and grounding equipment.

I. Scaled and dimensioned landscape plans associated with screening of ground mounted small cell equipment (where applicable), including planting plan with proposed plant species, quantities, spacing, height at installation and planting details.

(Ord. 2018-115. Passed 8-14-18.)

1154.06 APPLICATION REVIEW TIMEFRAME AND PROCESS.

(a) Permit Application Review Timeframes.

(1) Eligible Facilities Request. Notwithstanding sections 4939.01 to 4939.037 of the Ohio Revised Code, the City shall grant or deny its consent for an Eligible Facilities Request no later than sixty (60) days after the date of filing by an entity of a completed application.

(2) Collocation with Substantial Modifications. The City shall grant or deny its consent for requests to collocate, or to replace or modify a Small Cell Facility on an existing Wireless Support Structure where substantial modifications are required to the Wireless Support Structure not later than ninety (90) days after the date of filing by a person of a completed application.

(3) New Wireless Support Structure. The City shall grant or deny its consent for requests to construct, modify, or replace a Wireless Support Structure associated with a Small Cell Facility not later than one hundred twenty (120) days following the date of filing of a complete application by an entity,

(4) Wireless Support Structure Removal. The City shall grant or deny its consent for requests to remove Wireless Support Structures associated with Small Cell Facilities from the Public Right-of-Way typical to the review timeframes for the Non-Residential Public Right-of-Way Permit required for this activity.

(b) If the City fails to approve or deny a request for consent under this section or a request for a relevant work permit within the required time period, provided the time period is not tolled, the request shall be deemed denied.

(1) The City shall not unreasonably withhold or deny consent for Small Cell Facilities and Wireless Support Structures within the Public Right-of-Way.

(2) If a request for consent is denied, the City shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information as the applicant may reasonably request to obtain consent. The denial of consent shall not unreasonably discriminate against the entity requesting the consent.

(3) Except in the case of a Public Utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the City, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.

(d) Tolling of required timeframes.

(1) The time periods may be tolled only:

A. By mutual agreement between the entity requesting consent and the City;

B. In cases where the City determines that the application is incomplete; or

C. If the number of requests for consent for Small Cell Facilities or Wireless Support Structures received is likely to result in difficulty processing applications within the time limits set forth above due to the lack of resources of the City, as determined by the Building Official, then the City may toll the time limits for an additional period of time up to sixty (60) days.

D. In no instance shall the City toll the time period for any Small Cell Facility or Wireless Support Structure request by more than ninety consecutive days. Upon request, the City shall provide an operator written notice of the time limit for a Small Cell Facility or Wireless Support Structure request.

(2) To toll the time period for incompleteness, the City shall provide written notice to the person requesting consent no later than thirty (30) days after receiving the request, clearly and specifically delineating all missing documents or information. The missing documents or information shall be reasonably related to determining whether the request meets the requirements of applicable federal and state law. Any notice of incompleteness requiring other information or documentation, including information of the type described in section 4939.0313 of the Ohio Revised Code or documentation intended to illustrate the need for the request or to justify the business decision for the request, does not toll the time period.

(3) The time period for granting or denying consent resumes when the entity makes a supplemental submission in response to the City's notice of incompleteness.

(4) If a supplemental submission is inadequate, the City shall notify the entity not later than fifteen (15) days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in divisions (1) to (3) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(e) Timeframe for Completion of Permit.

(1) Permits granted for an Eligible Facilities Request, Collocation with substantial modifications and new Wireless Support Structure shall be completed by the operator or its agent within one hundred eighty (180) days after issuance of the permit, unless:

A. The City and the operator agree to extend this period; or

B. A delay is caused by make-ready work for a City-owned Wireless Support Structure or decorative pole or by the lack of commercial power or backhaul availability at the site, provided that:

i. The operator has made a timely request within sixty (60) days after the issuance of the permit for commercial power or backhaul services; and

ii. The additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit.

(2) If divisions (1)(A) and (B) of this section cannot be met, the permit shall be void unless the City grants an extension in writing to the operator.

(f) Consolidated application for multiple Small Cell Facilities and/or Wireless Support Structures.

(1) Applicants seeking to construct, modify, collocate, or replace more than one Small Cell Facility or more than one Wireless Support Structure may file at the applicants discretion, a consolidated application for up to 15 Small Cell Facility requests or up to 15 Wireless Support Structure requests in a single application and receive a single permit for the construction, modification, Collocation, or replacement of the Small Cell Facilities or Wireless Support Structures subject to the following:

A. This single application may be filed for multiple Small Cell Facilities or multiple Wireless Support Structures only if they are of substantially the same type.

B. The City may separately address Small Cell Facility Collocations or Wireless Support Structures for which incomplete information has been received or which are denied.

(2) In the case of a consolidated application, the fees provided for in section 4939.0316 of the Ohio Revised Code may be cumulative. However, the City, at its discretion may opt to reduce such fees in order to encourage consolidated application submittals.

(3) In the case of a consolidated application, each Small Cell Facility or Wireless Support Structure proposed to be constructed, modified, Collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under section 4939.036 of the Ohio Revised Code. A request by a single operator for a new or replacement support structure and associated Small Cell Facility constitutes one request.

(g) Small Cell and Wireless Support Structure Activities Not Requiring Consent.

(1) City consent shall not be required for either of the following activities conducted in the right-of- way:

A. Routine maintenance of wireless facilities;

B. The replacement of wireless facilities with wireless facilities that are consistent with the City's current design requirements and guidelines and that are either:

i. Substantially similar to the existing wireless facilities; or

ii. The same size or smaller than the existing wireless facilities.

(2) The City may require a Non-Residential Public Right-of-Way Permit for any activity described in division (1) of this section and for any activity for which consent is authorized herein and under section 4939.031 of the Ohio Revised Code. Any such permit shall be subject to any applicable State law.

(3) Notwithstanding the amendments made to sections 4939.01 to 4939.09 of the Ohio Revised Code by H.B. 478 of the 132nd General Assembly, a cable or video service provider shall not be required to obtain permits from the City or to pay fees, with the exception of work permits and associated fees, to place, operate, maintain, or replace Micro Wireless Facilities pursuant to an existing franchise or video service authorization under Chapter 1332 of the Ohio Revised Code; nor shall a holder of an existing franchise or video service authorization be required to obtain additional authorizations or to pay additional fees for the placement of Micro Wireless Facilities already covered under an existing franchise or video service authorization under Chapter 1332 of the Ohio Revised Code. (Ord. 2018-115. Passed 8-14-18.)

1154.07 GENERAL SMALL CELL REQUIREMENTS AND DESIGN GUIDELINES.

(a) Existing Wireless Support Structures.

(1) Structural Integrity of Existing Support Structures.

A. The City shall not authorize any attachments to City-owned infrastructure that negatively impacts the structural integrity of the support structure.

B. The City may condition approval of the Collocation on replacement or modification of the Wireless Support Structure at the operator's cost if the City determines that replacement or modification is necessary for compliance with the City's written construction and/or safety standards. A replacement or modification of the Wireless Support Structure shall conform to the applicable design guideline(s) and the City's applicable specifications for the type of structure being replaced. The City may retain ownership of a replacement Wireless Support Structure.

1. For an existing Wireless Support Structure, the Antenna and any associated shroud or concealment material are permitted to be Collocated at the top of the existing Wireless Support Structure and shall not increase the height of the existing Wireless Support Structure by more than five feet, unless otherwise specified in the Small Cell Design Guidelines based on the specific context and characteristics of the Wireless Support Structure.

2. The City may reserve space for future public safety or transportation uses in the Public Right-of-Way or on a Wireless Support Structure or pole owned by the City in a documented and approved plan in place at the time an application is filed.

3. A reservation of space shall not preclude placement of a pole or Collocation of a Small Cell Facility.

4. If replacement of the City's pole or Wireless Support Structure is necessary to accommodate the Collocation of the Small Cell Facility and the future use, the operator shall pay for the replacement of the pole or Wireless Support Structure, and the replaced pole or Wireless Support Structure must accommodate the future use.

(b) New Wireless Support Structures/Poles.

(1) Maximum Permitted Height.

A. For a new Wireless Support Structure, the overall height of the Wireless Support Structure and any Collocated Antennas shall not be more than forty feet in height above established grade measured at the base of the Wireless Support Structure.

B. The City shall limit the maximum permissible height of Wireless Support Structures to not less than thirty-five feet in height above established grade measured at the base of the structure in areas meeting the following criteria:

i. The area is within three hundred feet of the proposed site for a new Wireless Support Structure in the same Public Right-of-Way or a connecting Public Right-of-Way, and where there are no Wireless Support Structures or utility poles taller than thirty feet in height above ground level; and

ii. The maximum allowable height for building construction in the underlying or adjacent zoning district is thirty-five feet in height above ground level or less.

(2) If multiple requests are received by the City to install two or more poles that would violate applicable spacing requirements outlined in the Small Cell Design Guidelines, or to Collocate two or more Small Cell Facilities on the same Wireless Support Structure, notwithstanding division (I) of section 4939.0313 of the Revised Code, the City may resolve conflicting requests through whatever reasonable and nondiscriminatory manner it deems appropriate.

(3) The City may propose an alternate location to any proposed location of a new Wireless Support Structure, subject to the following:

A. That the alternate location is within one hundred feet of the proposed location or within a distance that is equivalent to the width of the Public Right-of-Way in or on which the new Wireless Support Structure is proposed, whichever is greater; and

B. The operator shall use the alternate location if it has the right to do so on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs.

(1) Small cell operators may seek a waiver of the alternative location requirements for the placement of a new Wireless Support Structure to support Small Cell Facilities if the operator is unable to achieve its service objective using a Small Cell Facility under the following circumstances:

A. From a location in the Public Right-of-Way where the prohibition does not apply;

B. In a utility easement the operator has the right to access; or

C. In or on other suitable locations or structures made available by the City at reasonable rates, fees, and terms.

(2) The City shall process waivers in a reasonable and nondiscriminatory manner that does not have the effect of prohibiting the provision of Wireless Service.

(d) Antenna. Each Antenna shall be located entirely within an enclosure of not more than six cubic feet in volume or, in the case of an Antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.

(e) Small Cell Facilities Installed on Wireless Support Structures.

(1) Exclusive of the Antenna, all wireless equipment associated with the facility shall not cumulatively exceed twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(2) All Small Cell Facilities mounted to Wireless Support Structures or located on the ground shall be fully contained within enclosures or cabinets.

(f) Power and Fiber Optic Supply.

(1) Small Cell Facilities located on City-owned support structures may not use the same power source providing power for the existing facilities original to the purposes of the support structure. Independent power source must be contained within a separate conduit inside the existing support structure.

(2) Applicant shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.

(Ord. 2018-115. Passed 8-14-18.)

1154.08 SMALL CELL DESIGN GUIDELINES.

(a) The Building Department shall promulgate additional detailed Small Cell Design Guidelines with objective, technically feasible criteria applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the City shall consider in reviewing an application:

(1) The location of any ground-mounted Small Cell Facilities;

(2) The location of a Small Cell Facility on a Wireless Support Structure;

(3) The appearance and concealment of Small Cell Facilities, including those relating to materials used for arranging, screening, and landscaping;

(4) The design and appearance of a Wireless Support Structure including any height requirements adopted in accordance with this Chapter.

(b) The Small Cell Design Guidelines will accord with this Chapter but will provide greater detail, description, and examples of acceptable Small Cell Facilities including visual depictions.

(c) The Small Cell Design Guidelines shall provide administrative and procedural guidance to Applicants, such as a list of minimum application requirements.

(d) The provisions in this section shall not limit or prohibit the Building Department's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from, the Small Cell Design Guidelines which do not conflict with state or federal law.

(e) The Building Department shall have authority to update or supplement the Small Cell Design Guidelines to address relevant changes in law, technology, or administrative processes. In the event of any conflict between the Small Cell Design Guidelines and the standards articulated in this chapter of the City's Codified Ordinances, the language of this Chapter takes precedence over the language of the Small Cell Design Guidelines.

(Ord. 2018-115. Passed 8-14-18.)

1154.09 STANDARD CONDITIONS OF PERMIT APPROVAL

(a) Permission to site Small Cell Facilities and Wireless Support Structures in the Public Right-of-Way shall be conditioned on compliance with the standard conditions of approval provided by this section. The Building Department may add or modify conditions of approval as necessary or appropriate to protect and promote public health, safety and welfare.

(b) The City's approval term of an attachment to a Wireless Support Structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the City, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its Small Cell Facilities at any time subject to applicable permit requirements and may stop paying annual charges or fees under section (N).

(c) Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.

(d) The City or its designee may inspect Small Cell Facilities and Wireless Support Structures in the Public Right-of-Way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

(e) If requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the Public Right-of-Way at no cost to the City, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with local law.

(f) Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Building Department.

(g) Any operator who owns or operates Small Cell Facilities or Wireless Support Structures in the Public Right-of-Way shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates Small Cell Facilities and Wireless Service in the Public Right-of-Way, any agent, officer, director, representative, employee, Affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities

(h) In the event that the City has reason to believe that permittee's radio communications operations are causing interference with the City's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the City to either rule out permittee as the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the Small Cell Facilities on and off for testing.

(i) Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the Small Cell Facility and/or Wireless Support Structure.

(j) Small Cell Facilities and support structures shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property.

(k) Permittee shall remove any graffiti or bear the total cost of abatement for the Small Cell Facility, at the permittee's sole expense.

(l) All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.

(m) Permittee shall remove and relocate the permitted Small Cell Facility and/or support structure at permittee's sole expense to accommodate construction of any public improvement project by the City.

(n) In the event that the use of a Small Cell Facility is discontinued, the owner shall submit an Eligible Facilities Request, as written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. If a Small Cell Facility and support structure is not removed within 180 days of discontinued use, the Small Cell Facility shall be considered abandoned and the City may remove it at the owner's expense. Should the owner not remove the support structure, the City may remove the support structure at the owner's expense. In the event that a Wireless Support Structure is discontinued, the owner shall submit a Non-Residential Public Right-of-Way Permit, as written notice to the City of its intent to remove the Wireless Support Structure from the Public Right-of-Way. If a Wireless Support Structure is not removed within 180 days of discontinued use, the Wireless Support Structure shall be considered abandoned. Small Cell Facilities and Wireless Support Structures determined by the City to be abandoned without application notice from the owner may be removed by the City at the owner's expense to ensure the public health, safety, and welfare.

(Ord. 2018-115. Passed 8-14-18.)

1154.10 SAFETY REQUIREMENTS

(a) Any person who owns a Small Cell Facility sited in the Public Right-of-Way shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

(b) Small Cell Facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

(c) All owners must procure and provide to the City a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this section. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned Small Cell Facilities or damage to City property caused by an operator or its agent of each Small Cell Facility which the owner installs in the Public Right-of-Way in case the City has to remove or pay for removal of the wireless facility. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.

(Ord. 2018-115. Passed 8-14-18.)

1154.11 RECOVERY COSTS.

(a) For processing an application for consent, the City may charge a fee for each Small Cell Facility and Wireless Support Structure requested as prescribed under section 4939.031 of the Ohio Revised Code and as listed on the associated application forms. The City may adjust this fee ten percent every five years, rounded to the nearest five dollars.

(b) For reimbursement for operator's attachment of Small Cell Facilities to Wireless Support Structures owned or operated by the City and located in the Public Right-of-Way, the City may charge an annual fee as prescribed under 4939.031 of the Ohio Revised Code and as listed on associated application forms. The City may adjust this fee ten percent every five years, rounded to the nearest five dollars.

(c) Placement of Small Cell Facilities in the Public Right-of-Way or attachment of Small Cell Facilities to a Wireless Support Structure and any fees associated therewith shall not subject a municipal corporation to any state or local tax liabilities or assessments.

(Ord. 2018-115. Passed 8-14-18.)

1154.12 SEVERABILITY.

The provisions of any part of this chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this chapter when originally adopted by Council.

(Ord. 2018-115. Passed 8-14-18.)

1154.99 PENALTY.

(a) In addition to any other penalties set forth in this chapter, any person or permittee violating any section in this chapter shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense.

(b) Nothing herein shall prevent the City from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.

(Ord. 2018-115. Passed 8-14-18.)

1156.01 DEFINITIONS.

As used in this Chapter, unless otherwise expressly provided or the context otherwise requires:

(a) "Small Box Discount Retail Store" means a retail establishment of between three thousand (3,000) and fifteen thousand (15,000) square feet that:

(1) Dedicates less than fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce; and

(2) Sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, personal grooming and health products, household goods and any other consumer products that generally cost less than ten dollars ($10.00).

(b) "Fresh Produce" means fruits and vegetables that have not been processed in any manner. This term does not include such items as potted or dried herbs, wild rice, dried fruits and vegetables, raw nuts of any kind, popcorn, fruit or vegetable plants/seedlings, seeds/grains, flowers, maple syrup, cider, eggs, meat, cheese and seafood.

(c) "Fresh or Fresh Frozen Food' means food for human consumption that is in its raw state, or unprocessed; food that was quickly frozen while still fresh (blanching, blast freezing) and no deterioration has taken place.

(d) Exclusions.

(1) "Small Box Discount Retail Store" does not include retail establishments that:

A. Dedicate less than five percent (5%) of shelf space to food sales; or

B. Sell gasoline or diesel fuel; or

C. Contain a prescription pharmacy.

(2) This Chapter 1156 shall not apply to any Small Box Discount Retail Store currently in operation prior to the effective date of this section.

(Ord. 2024-107. Passed 10-8-24.)

1156.02 PURPOSE AND INTENT.

The regulations of this section are established to regulate the location of Small Box Discount Retail Stores for the purpose of protecting the City from the overconcentration of this type of land use relative to the limited amount of retail space in the City and the negative secondary effects created by the concentration or clustering of such businesses on surrounding residential neighborhoods.

(Ord. 2024-107. Passed 10-8-24.)

1156.03 SPACING.

(a) No Small Box Discount Retail Store shall be established on a lot or lots within fifteen thousand eight hundred and forty (15,840) feet (three (3) miles) of another lot or lots containing an existing small box discount retail store.

(b) No two (2) Small Box Discount Retail Stores shall be located in the same building or on the same lot.

(1) Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed Small Box Discount Retail Store and the lot or lots from which the existing Small Box Discount Retail Store is located.

(2) Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.

(Ord. 2024-107. Passed 10-8-24.)

1156.04 FLOOR AND SHELF PLAN REQUIRED.

(a) For any Small Box Discount Retail Store, a floor and shelf plan shall be submitted as part of its permit application in addition to any other required plans and information, and shall contain each of the following:

(1) The amount of shelf space dedicated to food sales and the amount of shelf space dedicated to Fresh or Fresh Frozen Foods and produce; and

(2) The types of goods, products, or merchandise to be sold and the general cost of such items.

(Ord. 2024-107. Passed 10-8-24.)

1156.05 MAINTENANCE.

The owner and/or operator of a Small Box Discount Retail Store shall comply with applicable provisions of these Codified Ordinances regarding maintenance of the premises and shall comply with the following:

(a) Keep the exterior of the site including the sidewalks and tree lawns abutting the property free of litter and debris; and

(b) Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.