Johnstown City Zoning Code
TITLE SEVEN
Zoning Standards and Special Provisions
1171.01 PURPOSE.
The district regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Zoning Ordinance.
1171.02 ADDITIONAL HEIGHT REGULATIONS.
Church spires, domes, flagpoles, aerials, windmills, chimneys, cooling towers, elevator bulkheads, fire towers, belfries, monuments, stacks, derricks, conveyors, stage towers, scenery, lofts, tanks, water towers, silos or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, may be erected to any lawful and safe height as determined by the Fire Chief and approved by the Planning and Zoning Commission.
1171.03 ACCESSORY STRUCTURES.
(a) Accessory uses and structures shall be permitted in association with a principal use or structure. Such accessory structures shall not be used for dwelling purposes.
(b) There shall be no more than two detached accessory structures to a principal use or structure.
(c) In residential districts, the total size of any and all detached accessory structures to a principal use shall not exceed the greater of thirty percent (30%) of the living area of the principal structure or 576 square feet in total exterior area, nor shall any structure exceed 24 feet in height. Accessory structures in other districts may exceed those limits, provided the sizes of such structures have been reviewed and approved as part of the Certificate of Appropriateness process.
(d) Such accessory uses may be located within the minimum side and rear yards, but in no event shall they be located closer to a lot line than five feet nor shall any accessory structure protrude past the front of the primary structure.
(e) For the purposes of this section “detached” means not connected by a common bearing wall, column, beam, girder or roof. (Ord. 19-2010. Passed 11-16-10.)
1171.04 FENCES IN RESIDENCE DISTRICTS. (REPEALED)
1171.05 SETBACK REQUIREMENTS FOR CORNER BUILDINGS,
On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which the structures are located.
1171.06 VISIBILITY ACROSS CORNER LOTS.
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines fifty feet from the point of intersection.
1171.07 CONSTRUCTION MATERIAL STORAGE.
In a residential district, the storage of construction material on any one lot shall be limited to the quantity of material required for the construction of the dwelling unit or units proposed for such lot, and shall be stored only for the length of time reasonably necessary to complete construction and in any event not to exceed one year.
1171.08 SEWER LINES.
Lines carrying the effluent from all toilets, baths, sinks, commercial or manufacturing processes shall be connected with the municipal sanitary sewage system.
1171.09 ADDITIONAL YARD REQUIREMENTS.
Two-family or multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front yard, two side yards and one rear yard as specified for dwelling in the appropriate district.
1171.10 PRIVATE SWIMMING POOLS.
No private swimming pool, exclusive of portable swimming pools with a diameter of less than twelve feet or an area of less than 100 square feet shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended and shall be used solely for the enjoyment of the occupants of the principal use of the property on which it is located;
(b) It may not be located closer than ten feet to any property line; and
(c) The swimming pool or the entire property on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Such fence or wall shall not be less than forty-two inches in height with a gate and lock, and maintained in good condition.
1171.11 COMMUNITY OR CLUB SWIMMING POOLS.
Community or club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
(a) The pool is intended and is to be used solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;
(b) The pool and accessory structures thereto, including the areas used by the bathers shall not be closer than twenty-five feet to any property line; and
(c) The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. Such fence or wall shall not be less than four feet in height with a gate and lock and maintained in good condition.
1171.12 CONFORMITY REQUIRED.
All proposed dwellings shall be in harmony with and conform to the character of that neighborhood.
1171.13 FIRST FLOOR LEVEL OF RESIDENTIAL BUILDINGS.
Residential buildings, of one story or more, shall not have a first floor level more than thirty inches above finish grade. All finish grades shall be in complete harmony with all abutting properties.
1171.14 MINIMUM LOT AREAS WHERE WATER AND SEWER FACILITIES NOT AVAILABLE.
In any area in which neither Village water nor sewer facilities are available, lot area shall be increased to a minimum of 20,000 square feet. In any area in which either water or sewer facilities are available, but not both, the lot areas shall be not less than 15,000 square feet.
1171.15 FIRE HAZARDS.
Any activity involving the use of or storage of flammable explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
1171.16 NOISE.
Noise which is objectionable due to volume, frequency or beat shall be muffled or otherwise controlled.
1171.17 VIBRATION.
No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
1171.18 EROSION.
No erosion created by a land owner shall be permitted which will carry objectionable substances onto neighboring properties.
1171.19 RADIOACTIVITY OR ELECTRICAL DISTURBANCE.
No activity shall emit dangerous radioactivity at any point, or electrical disturbances adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
1171.20 NUISANCE CONTROL AND WEED OR TALL GRASS REMOVAL.
(a) No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjacent property.
(b) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the Village, shall permit noxious weeds or grass to grow thereon to a height in excess of six (6) inches, or to spread or mature seeds thereon, or fail to cut and destroy such noxious weeds and grass.
(c) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the Village, whether the same be improved or unimproved, vacant or occupied, within five (5) days' written or oral notice to do so, shall cut or destroy, or cause to be cut or destroyed, any noxious or poisonous weeds or tall grass growing upon such lot or parcel of land and/or any abutting treelawn, and prevent the same from blooming or going to seed, or exceeding a height of six (6) inches, or spreading pollen which may be harmful to human health. For the purposes of this subsection, "oral" notice may be in person or by phone, and "written" notice may be by ordinary mail, e-mail or by prominently posting the notice on the lot or parcel of land in question. For the purposes of this subsection, a "treelawn" shall be defined as the landscaped area between the sidewalk and the paved portion of a street.
(d) If the owner, occupant or person having the charge or management of any lot or parcel of land does not cut or destroy, or cause to be cut or destroyed, noxious weeds or grasses as provided herein, the Village Manager is authorized to cause to be cut or destroyed such noxious weeds or grasses.
(e) When any such noxious weeds or grasses are cut or destroyed by the Village, as provided herein, then after such work is performed, the Village shall give five (5) days' notice by regular mail to the owner, occupant or person having the charge or management of such lot or parcel of land, at his known address, to pay the cost of such cutting or destroying of noxious weeds or grasses, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty (30) days after the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments are collected or the Village may seek recovery of such costs by civil action against the property owner involved.
(f) When it is deemed necessary to cut and destroy weeds or grasses on private property, in accordance with the provisions of this section, the owner shall be charged at the rate of two hundred dollars ($200.00) per hour or portion thereof, or the actual cost of work, whichever is larger. The minimum charge shall be two hundred dollars ($200.00).
(Ord. 10-11. Passed 6-21-11.)
1171.21 LITTER AND CLEANING OF PREMISES.
(a) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the Village, shall permit the accumulation of debris including but not limited to all tin cans, bottles, trash, junk vehicles and other unclean and unsightly matter and debris.
(b) The Zoning Inspector shall cause a notice ordering persons to clean thoroughly for all lands, yards, vaults, cesspools, sheds and barns, and to cause all tin cans, bottles, trash, junk vehicles and other unclean and unsightly matter and debris to be removed there from. Additionally, the Zoning Inspector, in a reasonable manner, shall notify at such other times as may be necessary any person, property owner, firm or tenant who allows or has permitted the accumulation of or the existence of the above described conditions that such person or firm shall cause the removal or cleaning up of such condition within a period not less than seven days from the receipt of the notice herein.
(c) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the Village, whether the same be improved or unimproved, vacant or occupied, within five (5) days' written or oral notice to do so, shall clean thoroughly for all lands, yards, vaults, cesspools, sheds and barns, and to cause all tin cans, bottles, trash, junk vehicles and other unclean and unsightly matter and debris.
(d) If the owner, occupant or person having the charge or management of any lot or parcel of land does not clean thoroughly for all lands, yards, vaults, cesspools, sheds and barns, and to cause all tin cans, bottles, trash, junk vehicles and other unclean and unsightly matter and debris, the Village Manager is authorized to cause to be cleaned.
(e) When any property is cleaned thoroughly by the Village, as provided herein, then after such work is performed, the Village shall give five (5) days' notice by regular mail to the owner, occupant or person having the charge or management of such lot or parcel of land, at his known address, to pay the cost of such cleaning the property, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty (30) days after the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments are collected or the Village may seek recovery of such costs by civil action against the property owner involved.
(f) When it is deemed necessary to clean thoroughly for all lands, yards, vaults, cesspools, sheds and barns, and to cause all tin cans, bottles, trash, junk vehicles and other unclean and unsightly matter and debris on private property, in accordance with the provisions of this section, the owner shall be charged at the rate of two hundred dollars ($200.00) per hour or portion thereof, or the actual cost of work, whichever is larger. The minimum charge shall be two hundred dollars ($200.00). (Ord. 10-11. Passed 6-21-11.)
1171.22 CONFORMITY WITH LOT SIZE REQUIREMENTS; VARIANCES.
Any lot of record on the effective date of this Zoning Ordinance on which construction of any improvement is not started, nor a building permit obtained shall conform to the requirements set forth in this Zoning Ordinance. However, where any lot of record cannot conform to the lot size requirements of this Zoning Ordinance, a request may be made to the Planning and Zoning Commission for a variance.
1171.23 MOBILE HOMES AND PARKS PROHIBITED.
All mobile homes, mobile home parks, camps, tourist courts, tourist cabins and tourist cottages are prohibited from being located or erected within the Village.
(Ord. 1996-37. Passed 1-7-97.)
1171.24 GC-1 AND GC-2 DISTRICTS; OFF-STREET PARKING FACILLITIES.
Off-street parking facilities may be located within the required front yard of any GC-1 or GC-2 District, but shall not be nearer than fifty feet to any Residence District.
1171.25 SIDEWALKS REQUIRED.
No building or structure shall be erected, substantially altered, or its use changed unless an ADA compliant sidewalk has been provided in accordance with the provisions of this Zoning Ordinance. Sidewalks shall at a minimum be provided along any public roadway and provide pedestrian access to the building directly.
(Ord. 04-12. Passed 3-6-12.)
1171.26 AS-BUILT FOUNDATION SURVEY.
(a) Prior to framing any structure, a sealed, as-built foundation survey certification is required from a registered surveyor. Two sealed copies of the survey are required to be submitted to the zoning inspector for review and approval before proceeding with construction. Any structure requiring a foundation in the SR-1, SR-2, UR-1, UR-2, AR-1, GCC-1, GCC-2, LM, FP, OS, and VC is required to have a foundation survey.
(b) The following definitions shall apply to this section:
(1) “Foundation” means the lowest load-bearing part of a building, typically below ground level.
(2) “Structure” means anything constructed or erected, the use of such requires location on the ground or attachment to something having a fixed location on the ground. (Ord. 02-2016. Passed 2-16-16.)
1173.01 PERMIT REQUIRED.
A Home Occupation Permit (HOP) shall be obtained by any person desiring to engage in income producing activities within a dwelling in a Residential District.
1173.02 APPLICATION PROCEDURE .
(a) A written application shall be filed with the Chairperson of the Planning and Zoning Commission or his designee by the person desiring the HOP. The application shall be signed by the applicant attesting to the truth and exactness of all information contained therein. At a minimum the application shall contain the following information:
(1) Name, address and phone number of applicant;
(2) Name(s) of all persons to be employed in such occupation;
(3) Present zoning district;
(4) Nature of the occupation to be engaged in;
(5) Total floor space of dwelling to be used;
(6) Total floor space of dwelling to be used in such home occupation;
(7) A written statement by the applicant setting forth reasons why, in his/her opinion, the home occupation would be in the public interest and would be compatible with the neighborhood scheme.
(b) Upon receipt of an application for a HOP the chairperson shall inform the applicant that such application will be considered at the next Planning and Zoning Commission meeting and inform applicant of the date, time and location therefore.
(c) At the Commission meeting mentioned in subsection (b) hereof the applicant for a HOP shall have the affirmative duty of presenting evidence in support of his application.
(d) The Commission shall either approve, approve with supplementary conditions or disapprove the application as presented. If the application is approved, or approved with supplementary conditions, the Commission shall direct the Zoning Inspector to issue a HOP listing any supplementary conditions specified by the Commission for approval.
1173.03 ADDITIONAL REGULATIONS.
(a) No person other than member of the family residing on the premises shall be engaged in such occupation.
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty- five percent (25%) of the floor area of the dwelling shall be used in the conduct of the home occupation.
(c) No home occupation shall be conducted in any accessory building.
(d) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified on this Zoning Ordinance and shall not be located in a required front yard.
(e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference that adversely affect the surrounding residents or property.
(f) No HOP shall be required for the following uses:
(1) Cosmetic, toiletries or household cleaning products sales whose annual gross sales do not exceed two thousand dollars ($2,000).
(2) Clothing repair or alterations occupations which produce an annual gross income not in excess of two thousand dollars ($2,000).
(3) Tutoring occupations which do not involve more than ten students per week or four students per day.
(4) General office functions such as typing, answering service, etc., whose annual gross income does not exceed two thousand dollars ($2,000).
1175.01 GENERAL REQUIREMENTS.
No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Zoning Ordinance.
(Ord. 3-2013. Passed 4-16-13.)
1175.02 PAVING.
The required number of parking and loading spaces as required in Section 1175.10 together with driveways, aisles and other circulation areas, shall be improved with six inches of asphalt or 4 inches of reinforced fiber concrete to provide a durable and dust free surface.
(Ord. 3-2013. Passed 4-16-13.)
1175.03 DRAINAGE.
All parking and loading areas shall be provided for proper drainage of surface water to prevent the drainage of such water into adjacent properties or walkways.
(Ord. 3-2013. Passed 4-16-13.)
1175.04 MAINTENANCE.
The owner of all property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash and other debris.
(Ord. 3-2013. Passed 4-16-13.)
1175.05 LIGHTING.
Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights to illuminate a parking area shall be so arranged as to reflect the light away from the adjoining property.
(Ord. 3-2013. Passed 4-16-13.)
1175.06 LOCATION OF PARKING SPACES.
The following regulations shall govern the location of off-street parking spaces and areas:
(a) For single- and two-family residential uses, no off-street parking space (or portion thereof) shall be located closer than five (5) feet to any established street right-of-way line.
(b) For all residential districts, parking in front or side yards is prohibited unless on asphalt or concrete driveway (see Section 1175.02).
(c) Parking spaces for commercial or industrial uses shall be located not more than 300 feet from the principal use.
(d) Parking for commercial structures should be primarily at the rear and side of the site, behind the buildings.
(Ord. 3-2013. Passed 4-16-13.)
1175.07 DISABLED VEHICLES.
The parking of a disabled vehicle within a residential or commercial district for a period of more than forty-eight hours shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building.
(Ord. 3-2013. Passed 4-16-13.)
1175.08 ACCESS.
Any nonresidential and multiple-family use parking area shall be designed in such a manner than any vehicle entering or leaving the parking area from or onto a public or private street shall be traveling in a forward motion. Access of driveways for parking or loading areas shall be located in such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
(Ord. 3-2013. Passed 4-16-13.)
1175.09 SIZE REQUIREMENTS.
For the purposes of this Zoning Ordinance the following size requirements shall apply:
Minimum Width | Feet Minimum Length | |||
(a) | Parking Spaces. | |||
(1)Ninety degree parking | 9 | 19 | ||
(2)Parallel parking | 9 | 23 | ||
(3)Sixty degree angle parking | 10 | 20 | ||
(4)Forty-five degree angle parking | 13 | 20 | ||
(b) | Access Drives. | |||
(1)Single-family driveways | 10 | ** | ||
(2)Two-family combined driveways | 16 | ** | ||
(3) All other uses | 20 | ** | ||
(c) | Parking Aisles. | |||
(1)Ninety degree parking | 20 | ** | ||
(2)Angle parking | 18 | ** | ||
(3)Parallel parking on one-way drive | 14 | ** | ||
(Ord. 3-2013. Passed 4-16-13.)
1175.10 PARKING SPACE REQUIREMENTS.
For purposes of this Zoning Ordinance the following parking space requirements shall apply:
(a) Residential.
(1) Single-family or two-family dwelling: Two for each unit.
(2) Apartment hotels, apartments or multi-family dwellings: Two for each unit.
(3) Mobile homes: Two for each unit.
(b) Commercial.
(1) Hotels, Motels: One per each sleeping room plus one space for each employee.
(2) Funeral parlors, mortuaries and similar type uses: One for each 100 square feet of floor area in slumber rooms, parlors or service rooms.
(3) Eating and drinking establishments without drive-through facilities. One (1) for each 75 square feet of gross floor area plus one for each employee during main work shift.
(4) Restaurants with drive-through facilities. One (1) for each 75 square feet of gross floor area, plus additional spaces in the drive-through lanes equal to twenty-five percent (25%) of the required number of parking spaces.
(5) Bowling alleys: Five for each alley or lane plus one additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use.
(6) Dance floors, skating rinks: One for each 100 square feet floor area used for the activity.
(7) Outdoor swimming pools, public or community or club: One for each five persons capacity plus one for each five seats or one for each thirty square feet floor area used for seating purposes whichever is greater.
(8) Auditoriums, sport arenas, theaters, and similar uses: One for each three seats.
(9) Retail stores: One for each 200 square feet of gross floor area.
(10) Banks, financial institutions and similar uses: One for each 200 square feet of gross floor area.
(11) Offices, public or professional administration or service building: One for each 250 square feet of gross floor area.
(12) Vehicle Repair: 1 per 100 sq. ft. or 3 per each service bay, whichever is greater plus one per employee on the largest shift.
(13) Vehicle service station: 2 per vehicle service station plus requirements for vehicle repair.
(14) Vehicle Fueling station: One for each 200 square feet of gross floor area.
(c) Institutional.
(1) Churches and other places of religious assembly: One for each three seats.
(2) Hospitals: One for each four beds plus one per employee on the largest shift.
(3) Sanitariums, homes for the aged, nursing homes, children’s homes, asylums and similar uses: One for each four beds plus one for each other employee during main work shift.
(4) Medical and dental clinics: One for each 75 square feet of gross floor area plus one per each employee during main work shift.
(5) Libraries, museums and art galleries: One for each 400 square feet floor area.
(6) Public or private school. Three (3) for each classroom or one (1) for each five (5) seats in main auditorium, whichever is greater.
(7) Nursery School/Day Care, One (1) for each 15 students of proposed capacity.
(8) Libraries, museums, community centers. One (1) for each 400 square feet of gross floor area.
(9) Civic, social, fraternal organizations. One (1) for each three (3) persons allowed under occupancy of maximum main meeting room.
(d) Industrial.
(1) All types of manufacturing, storage and wholesale uses permitted in any industrial district: One for every two employees on the largest shift for which the building is designed, plus for each motor vehicle used in the business.
(2) Cartage, express, parcel and freight terminals: One for every two employees on the largest shift for which the building is designed, and one for each motor vehicle maintained on the premises.
(e) Other Uses. The Planning and Zoning Commission shall determine the number of parking spaces required for any use not mentioned in this section.
(Ord. 3-2013. Passed 4-16-13.)
1175.11 PARKING OF TRAILERS AND RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY.
Parking of trailers and recreational vehicles shall be permitted in the residential areas of the Village if the following apply:
(a) Said parking shall be at said residence on the driveway, side or rear yards;
(b) The trailer or recreational vehicle shall be at least eleven feet from the face of the curb;
(c) No part of the trailer or recreational vehicle shall extend over the public sidewalk;
(d) Said trailer or recreational vehicle shall not be used for dwelling purposes, except one recreational vehicle may be used for dwelling purposes for a maximum of fourteen days in any calendar year. Cooking and the use of butane and propane fuel shall not be permitted at any time;
(e) Said trailer or recreational vehicle shall not be permanently connected to sewer lines, water lines, or electricity lines. Said trailer or recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes;
(f) Said trailer or recreational vehicle shall not be used for the storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use;
(g) Notwithstanding the above-noted provisions, a trailer or recreational vehicle may be parked anywhere at the residence during active loading and unloading not to exceed three hours, and the use of electricity or propane fuel is permitted when necessary to prepare a trailer or recreational vehicle for use;
(h) Trailers with noncommercial cargo shall be permitted to park only in side or rear yards and provided that the total weight of the trailer and cargo is less than 5,000 pounds; and
(i) Construction trailers shall be permitted to be parked at the residence for a period not to exceed one year. Said construction trailer shall not be permitted on residential property until a building permit is issued and the body of the trailer shall be set back at least five feet from any lot line and eight feet from the dwelling unit under construction.
(Ord. 3-2013. Passed 4-16-13.)
1175.12 PARKING OF COMMERCIAL VEHICLES IN A RESIDENTIAL DISTRICT.
The parking of a commercial vehicle with a gross weight of greater than four tons is prohibited in all residential districts unless such vehicle is stored in an enclosed garage or other accessory building and except those commercial vehicles conveying the necessary tools and materials to premises where labor using the tools and materials is to be performed during the actual time of parking.
(Ord. 31-2020. Passed 10-20-20.)
1177.01 PURPOSE.
The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstruction that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space and curb the deterioration of the natural environment and enhance community development. (Ord. 13-2022. Passed 7-5-22.)
1177.02 DEFINITIONS.
(a) "Arm Sign" means a sign whose face is suspended from a support arm at a right angle from a ground mounted pier, pillar, column, or pole. The face of such sign shall not be more than three (3) feet from the ground.
(1) "Awning Sign" means a sign painted, stamped, perforated, stitched, or otherwise applied on the valance of an awning. Awnings must be at least nine (9) feet above ground level.
(b) "Banner sign" means a non-rigid cloth, plastic or canvas temporary sign typically related to a special event or promotion. For the purposes of this chapter, the term "banner" shall not include official flags of public entities, or civic, philanthropic, educational or religious organizations.
(c) "Billboard" means an off-premises sign that is more than two-hundred (200) square feet in area.
(d) "Building Frontage" means the width of the facade of the building, including any overhang that faces the principal street or contains the main entrance. If a building is divided into units, the building unit frontage shall be the width of that unit, as measured from the party wall centerlines, on the frontage of the building. The frontage of a lot shall be the number of linear feet the lot abuts on the principal street. For structures and uses having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.
(e) "Building Marker Sign" means a sign indicating the name and address of a building; or the name of an occupant thereof, and the practice of a permitted occupation therein.
(f) "Canopy" means a structure separate from, but associated by use with the principal building, which is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. An awning or a marquee is not a canopy.
(g) "Canopy Sign" means a sign that is mounted, painted, or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area. Canopy must be at least nine (9) feet above ground level.
(h) "Changeable copy sign" means a permanent sign in which the material or message composing the sign, in whole or in part, is manually or mechanically changeable, either digitally or through physical placement of message. This definition does not include digital display signs.
(1) "Electronic message center sign" means a changeable copy sign that utilizes computer generated, digital technology, or some other electronig means of changing copy, either manually or on a programmed interval.
(i) "Directional sign" means any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered.
(j) "Flashing sign" means a sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
(k) "Freestanding sign" means a sign which is wholly independent of any building for support and can have design elements that include "changeable copy sign" attributes.
(1) "Ground Monument sign" means a freestanding sign supported from the ground and not attached to any building.
(2) "Pole sign" means a freestanding sign supported by one or more poles at the base of the sign wherein the poles are exposed and not part of the superstructure of a monument sign.
(l) "Identification Sign" means a sign giving only the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol, and address of a building, business, development, or establishment.
(m) "Joint Identification sign" means a sign intended to provide the identity or name, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two (2) or more businesses.
(n) "Incidental Sign" means a sign permitted without need for a sign permit.
(o) "Marquee Sign" means a sign designed to have changeable copy, either manually or electronically.
(p) "Monument Sign" means a free-standing sign, generally having a low profile where the base of the sign structure is on the ground or a maximum of thirty-six inches (36") above the lowest point of the ground adjacent to the sign such that the sign has the appearance of a solid base. No sign shall interfere with sight distance for any public or private road.
(q) “Mural" means a large picture or graphic generally free of a written message that is painted, screen printed, or attached adhered onto a canvas like material directly and flush to an exterior building surface and identifies a commercial establishment. Murals are intended to be viewed by pedestrians and drivers at a distance. Mural can also mean an artistic expression not representative to commercial identification, when defined as such by the Planning and Zoning Commission.
(r) "Neon Sign" means an illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube that is bent to form letters, symbols, or other shapes.
(s) "Non-conforming Sign" means any sign lawfully installed prior to the effective date of this Code, or any subsequent amendment thereto, which does not meet the current applicable standards for compliance.
(t) “Off-premises sign" means any sign that identifies or provides information related to a good, service or event that is not located on the property where such sign is located.
(u) "Permanent sign" means a sign that is not temporary.
(v) "Portable sign" means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and is not physically attached to any part of a building or the ground. Portable signs shall include:
(1) "Trailer sign" meaning a sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved.
(2) "Folding portable sign" meaning a sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.
(w) "Projecting/Blade Sign" means a two-sided double-faced sign which projects more than eighteen (18) inches from the building wall to which it is attached.
(x) "Pylon Sign" means a freestanding sign other than a pole sign, permanently affixed to the ground by supports, but not having the appearance of a solid base.
(y) "Real Estate Sign, Off-Site" means a readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property.
(z) "Real Estate Sign, on-site" means a sign announcing the sale or rental of the property upon which the sign is located.
(aa) "Residential Sign" means a sign that does not contain information or advertising for any business, commodity, service, entertainment, product, or other attraction
(bb) "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
(cc) "Roof sign" means any sign erected upon or completely over the roof of any building.
(dd) "Sidewalk Sign" mean a movable sign not secured or attached to the ground or surface upon which it is located.
(ee) "Sign" means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization. Separated letters or printing located on a building spelling the name of the establishment and the goods sold on the premises do not constitute a
"sign" for purposes of this section.
(ff) "Sign Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
(gg) "Sign Area" means the entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing all of said letters or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be constructed so that the perimeter of both faces coincide and are parallel and not more than twenty-four (24) inches apart.
(hh) "Skyline Sign" means a sign mounted to the upper most horizontal architectural band of a building to identify the name of the building of primary tenant. In Historical Districts, architecturally or historically significant Skyline-type signs shall take precedence over a newly-requested similar sign. Skyline signs are intended to be viewed by pedestrians and motorists from a distance and serve as an icon for the building.
(ii) "Suspended Sign" means a sign that is suspended, parallel, or perpendicular from a building wall, roof, facade, canopy, marquee, or porch by means of brackets, hooks, or chains and the like.
(jj) "Temporary sign" means a sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, structure or the ground., The timeframes and types of signs that are defined as 'temporary' are listed under Section 1177.06.
(kk) "Vending machine sign" means a permanent sign installed by the manufacturer on a fuel pump, vending machine, or similar outdoor object.
(ll) "Wall Sign" means a sign mounted flat against and projecting no more than three (3) inches from, or painted on the wall of, a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. This does not include window signs.
(mm) "Window Sign" means a sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it is visible from the exterior of the building through a window but excludes merchandise in a window display.
(nn) "Variance" means a modification of the strict terms of the relevant regulations where such modifications will not be contrary to the public interest and were owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(Ord. 13-2022. Passed 7-5-22.)
1177.03 PERMITS REQUIRED.
Unless otherwise stated herein, all signs shall require a permit, and approval of the Zoning Inspector. If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected, or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Section 1177.06. No signs shall be erected in the public right of way in accordance with Section 1177.05 and the permit requirements of Section 1177.03 unless approved by the Zoning Inspector.
(Ord. 13-2022. Passed 7-5-22.)
1177.04 DESIGN, CONSTRUCTION AND MAINTENANCE.
All signs shall be designed, constructed and maintained in accordance with the following standards:
(a) All signs shall comply with applicable provisions of the Basic Ohio Building Code at all times.
(b) Except for flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure. The use of unprotected cardboard, paper, or wood products as sign material shall be prohibited.
(c) All signs approved pursuant to this section shall be constructed of a durable material, and shall be professional in appearance. As used in this section, professional appearance means, at minimum, that the sign is designed or manufactured by a graphic artist or sign company or is computer-generated.
(d) All signs shall be maintained in good structural condition and in good repair in compliance with all Building and Electrical Codes, and in conformance with this code, at all times.
(e) Signs must be neat and clean so as not to appear damaged, unappealing, or unnecessarily worn. (Ord. 13-2022. Passed 7-5-22.)
1177.05 SIGNS IN THE PUBLIC RIGHT OF WAY.
No signs shall be allowed in the public right of way except for the following (unless otherwise approved by the Zoning Inspector):
(a) Permanent Signs. Permanent signs including:
(1) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.
(2) Bus stop signs erected by a public transit company.
(3) Informational signs of a public utility regarding its poles, lines, pipes or facilities.
(4) Awning, projecting and suspended signs projecting over a public right of way and in conformity with the conditions of Section 1177.15 Sign Table of this chapter.
(5) Signs of civic organizations or special events posted on the community sign or on the City entrance signs.
(6) Sandwich board signs as approved by the Zoning Inspector.
(b) Temporary Signs. Temporary signs meeting the requirements for placement in the public right of way as set forth in Section 1177.06.
(Ord. 13-2022. Passed 7-5-22.)
1177.06 TEMPORARY SIGNS.
(a) A permit for a temporary sign may be issued by the Zoning Inspector following review and approval of a temporary sign application and may be for a period of up to one year.
(b) A temporary sign permit shall be issued only for signs meeting the following requirements:
(1) Development Sign. A temporary development sign advertising the sale of platted lots in a subdivision provided that not more than one such sign may be permitted whether such sign is at the entrance to the subdivision or within the subdivision. Any such sign may also be utilized to advertise the sale or lease of multi-family units, or store or office space in commercial developments. Such signs shall be limited to a maximum area of thirty-two (32) square feet when located on parcels of two (2) acres or more and a maximum area of eight (8) square feet when located on parcels of less than two (2) acres. Other limitations shall include a maximum height of ten (10) feet, and a minimum setback of fifteen (15) feet from established rights of way, unless there is no land between the right of way and the facade of the structure, in which case the sign must not be a safety hazard and must be located at the closest point to the structure.
(2) Sign Promoting Non-Commercial Campaign or Event. A sign for the promotion of a school, church, non-profit or community campaign or event of a noncommercial purpose. The sign may be displayed for no more than sixty (60) days straight and removed for at least thirty (30) days straight. All temporary sign structures must be removed during the thirty (30) day removal period. The sign may not exceed thirty-two (32) square feet per side.
(3) Temporary Sign for Business. When there is a legitimate delay, as determined by the Zoning Inspector, in the construction or preparation of a permanent sign for a business, a temporary sign may be displayed for a period of ninety (90) days or until the new sign is erected, whichever is less. Such sign shall be proportional in scale to the frontage of the building, but in any case, shall not exceed thirty-two (32) square feet.
(4) Grand Opening Banner. A grand opening banner is permitted to call attention to a new business or institutional use and is allowed in any zone in which the commercial, industrial, or institutional use is permitted. Maximum size is thirty-two (32) square feet. The banner shall not be displayed for more than fifteen (15) days. Only one grand opening banner shall be allowed per street frontage for the business or use. The banner must be securely fastened to the building and may not project above the roofline or interfere with access for the building.
(5) Going Out of Business Signs. A going out of business banner is permitted for any zone in which a commercial, industrial, or institutional use is permitted. Maximum size is thirty-two (32) square feet. The banner shall not be displayed for more than sixty (60) days. Only one going out of business banner shall be allowed per street frontage for the business or use. The banner must be securely fastened to the building and may not project above the roofline or interfere with access for the building.
(c) A temporary sign that is approved pursuant to this section may only be displayed on the premises to which the sign is applicable. Unless otherwise specifically authorized by these regulations or by the Zoning Inspector, only one temporary sign may be displayed per business at any time.
(d) All temporary signs approved pursuant to this section shall be non-illuminated, shall be constructed of a durable material, and shall be professional in appearance. As used in this section, professional appearance means, at minimum, that the sign is designed or manufactured by a graphic artist or sign company or is computer-generated. The use of unprotected cardboard, paper, or wood products as sign material shall be prohibited. There shall be no limitation in the number of colors for a temporary sign, but the specific colors to be used in the sign shall be approved by the Zoning Inspector. The use of fluorescent, dayglo, and neon colors is prohibited.
(e) Hand drawn/painted temporary signs are not permitted.
(f) Temporary signs shall not be attached to trees or utility poles or placed in a position that would obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety, or welfare of the public. If placed on the side of a property where there is a sidewalk, the sign shall be located on the back side of the sidewalk (that is, on the opposite side of the sidewalk from the roadway). If placed on the side of a property where there is no sidewalk, the sign shall be located at least eight feet from the edge of the roadway.
(g) Home sale signs pursuant to Chapter 709 of the Codified Ordnance of the City of Johnstown. (Ord. 13-2022. Passed 7-5-22.)
1177.07 SIGNS EXEMPT FROM REGULATION UNDER THIS CHAPTER.
(a) The following signs shall be exempt from regulation under this chapter, except as provided in this section:
(1) Signs erected by or pursuant to the authorization of a governmental body, including legal notices, warning notices, traffic signs, directional signs, informational signs or regulatory signs.
(2) Signs that are customarily associated with residential uses and that are not of a commercial nature, including the name and address of occupants, signs on mailboxes, or paper tubes, etc. (Limited to an area of four (4) square feet or less.)
(3) Official signs of a noncommercial nature erected by public utilities to identify line or facility locations or to advise or warn the public.
(4) Flags of any governmental or nonprofit organization provided:
A. Such flags are not being displayed in conjunction with a commercial promotion or as an advertising device;
B. Not more than three such flags are being displayed at the same time;
C. Any such flag does not exceed sixty (60) square feet in area; and
D. Any such flag flown from a standard flag pole attached to a building, with the height of the pole not to exceed fifteen (15) feet above ground level; or from a freestanding standard flag pole not to exceed a height of twenty-five (25) feet above ground level. Mini flags typically displayed during government holidays shall be exempted.
(5) Any sign inside a building, provided that the sign is not attached to a window or door and that the sign is not legible from the lot line of the lot or parcel on which such sign is located. For the purposes of this section, a sign that rests against a window, a sign that is separated from the window by a bumper pad, or a sign that is placed within two (2) inches of the window through the use of a hanging device, shall be considered to be attached to the window. Any sign that is considered to be attached to a window shall be regulated by the provisions contained in Section 1177.13 Sign Table.
(6) Signs that are posted upon property to guide or direct traffic, to identify restricted or public parking areas, or to warn the public against trespassing or danger from animals. The signs shall not contain any commercial advertising. However, entrance or exit signs are only permitted when the driveway is not obvious or otherwise identifiable with a particular business or activity. Entrance and exit signs, directional signs, and parking area signs shall require a permit to assure that the style, size, and location are consistent with the requirements of this chapter. (Limited to an area of four (4) square feet.)
(7) Signs painted on or otherwise attached to a vehicle regularly operated in the pursuance of a day-to-day business or activity of an enterprise, provided that the vehicle is not parked in a location that is visible to the public and for a period of time that indicates that the purpose of locating the vehicle in that location is principally for advertising rather than transport.
(8) Signs that are not visible from public streets or legible from adjacent properties.
(9) Signs authorized by the City Manager on any governmental property.
(b) The following temporary signs shall be exempt from regulation under this chapter provided each such sign satisfies the requirements set forth in subsection hereof:
(1) Temporary for sale, rental or lease signs provided they are placed within the front yard setback. For corner lots, one sign may be placed along each section of road frontage. Lender, mortgage, or any other ancillary signage is prohibited.
(2) Political signs and signs or posters indicating candidates or issues on the public ballot.
(3) Temporary Contractor Signs. Signs announcing the names of contractors for any short term or temporary work such as home improvements, new construction, remodeling and the like is permitted during the actual construction period, provided that such signs shall be located only on the parcel of land being developed, not in the public right-of-way.
(4) Temporary off-site real estate signs that announce the date and time of a real estate open house provided the signs be placed no earlier than 6:00 a.m. and removed four (4) hours after the conclusion of the open house. A maximum of one sign per open house is allowed at anyone change of direction. All temporary real estate open house signs must contain broker contact information. All riders count towards total sign area.
(c) Unless otherwise provided, all temporary signs referred to in subsection (b) hereof shall be limited to not more than six (6) square feet in sign area. Any such temporary sign shall be removed or replaced after thirty (30) days if the sign has become damaged or has deteriorated, by the weather or otherwise, to the point where the sign cannot be read from the street or the sign has or appears to have become detached, in whole or in part, from its sign posts or supporting structure. All such temporary signs shall be removed within seven (7) days after the property to which the sign relates has been sold, rented, or leased, or the promotion, activity, or election to which the sign relates has been conducted. Signs referred to in subsection (b) hereof, if placed on roadways with sidewalks, shall be placed on the opposite side of the sidewalk from the roadway. In the case of roadways with no sidewalks, the signs shall be located no closer than eight (8) feet from the edge of the road. In no case shall any of the signs referred to in this subsection constitute a safety hazard.
(Ord. 13-2022. Passed 7-5-22.)
1177.08 SIGNS PROHIBITED UNDER THIS CHAPTER.
All signs not expressly permitted under this chapter or exempt from regulation in accordance with the previous section are prohibited in the City. Such signs include, but are not limited to:
(a) Beacons/searchlights.
(b) Billboards
(c) Banner signs, streamers, and pennantss.
(d) Inflatable signs, figures and tethered balloons.
(e) Portable signs with internal illumination and changeable copy.
(f) Trailer signs
(g) Any sign that, by reason of size, location, shape, content, coloring, or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety. Any sign that substantially interferes with the view necessary for motorists to proceed safely through intersections, or to enter onto or exit from public streets, private roads, or driveways. Any sign that obstructs the view of any authorized traffic sign, signal, or device.
(h) Any sign that uses the words "STOP", "SLOW", "CAUTION", "DANGER", or otherwise has a design, color, shape, size, or location that could cause it to be confused with official traffic signs or other signs erected by governmental agencies.
(i) Any sign that revolves, or is animated, or that utilizes movement or apparent movement to attract the attention of the public. This prohibition shall include, but not be limited to, propellers, discs, banners, pennants, streamers, and animated display boards.
(j) Any sign with lights that flash, move, rotate, or flicker.
(k) Any sign that is placed on or affixed to a vehicle or trailer and that is parked in a location that is visible to the public and for a period of time that indicates that the purpose of locating the vehicle in that location is principally for advertising rather than transport.
(l) Any sign that is located within any public right-of-way, except publicly-owned or publicly-authorized signs (for example, traffic control signs and directional signs); or any sign (other than a publicly-owned or publicly-authorized sign) that is attached, affixed, or painted on any utility pole, light standard, tree, rock, or other natural feature. This prohibition shall not apply to subdivision signs that are authorized to be placed in the landscaped median of a public or private street.
(m) Any roof signs or signs that extend above the roof line of a building.
(n) Any painted advertising on a building wall or roof, excepting murals of a noncommercial nature.
(o) Any sign that identifies or advertises an activity, business, product, or service that is no longer in existence, sold, produced, etc.
(p) Any illuminated tubing or strings of lights outlining property lines, open sales areas, rooflines, doors, windows, edges of walls, trees, or other landscaping. This prohibition shall not apply to holiday lighting.
(q) Any sign that exhibits statements, words, or pictures of an indecent, obscene, or pornographic nature.
(r) Any sign that obstructs or interferes with any window, door, sidewalk, or fire escape.
(s) Pylon Signs
(t) Any abandoned sign or any sign that advertises a business or product no longer existing or sold on the premises. Whenever a business is discontinued all signs shall be removed within forty-five (45) days. A sign that advertises a business, enterprise, or other activity that is closed for the off-season, not to exceed 270 consecutive days, shall not be considered an abandoned sign. See Section 1177.11 Nonconforming Signs
(u) Any sign that communicates a commercial message about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists, or is conducted, sold, offered, maintained, or provided at a location other than the premises where the sign is located, unless approved by the zoning inspector as a sidewalk sign.
(v) Any sign or sign structure that is structurally unsafe.
(w) Any sign that, through the use of flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement, or change of sign image or text. Changing image signs do not include otherwise static signs where illumination is turned off and back on not more then once every twenty-four (24) hours. The prohibition does not apply to electronic gas station fuel price signage.
(x) Pole signs.
(Ord. 13-2022. Passed 7-5-22.)
1177.09 CONDITIONAL SIGNS
(a) Non-commercial murals are conditionally permitted upon approval of the location and design by the Planning and Zoning Commission.
(b) Churches and schools in all districts are conditionally permitted to have electronic messaging signs.
(Ord. 13-2022. Passed 7-5-22.)
1177.10 VARIANCES FROM SIGN REQUIREMENTS.
Notwithstanding any other chapter or section of the Codified Ordinances to the contrary, any application submitted under this chapter which requests a variance to allow deviation from the strict interpretation of the regulations established by this chapter shall be heard by the Planning Commission. A variance may be considered by the zoning inspector for the relocation of existing locally significant and/or historical signs that contribute to the character of the community.
(a) Application. Separate or additional application for a variance under Chapter 1133 Variances shall not be required. Rather, the application required by this section shall, in addition to the requirements set forth, clearly indicate that the applicant is seeking a variance to allow deviation from the strict interpretation of the requirements established by this chapter.
(b) Fee. No additional fee beyond that established by City Council should be required for applications that include requests for a variance.
(c) Criteria. In considering a request for a variance, the Planning Commission shall, in addition to the criteria and requirements established by this chapter, apply the criteria set forth in Chapter 1133 to the extent those criteria are consistent with the criteria established by this chapter.
(d) Approval. Approval of an application under this Chapter shall be deemed an approval for any variance requests necessary to such approval. In these instances, however, where the granting or denial of an application is based upon the granting or denial of a variance request, the Planning Commission shall separately set forth its findings of fact, conclusions and reasoning relative to its determination. (Ord. 13-2022. Passed 7-5-22.)
1177.11 GENERAL PERMIT PROCEDURES.
The following procedures shall govern the application for, and the issuance of, all sign
permits under this chapter.
(a) Applications. All applications for the sign permits of any kind shall be submitted to the Zoning Inspector on an application form with the application specifications and materials as published by the Planning and Zoning Office.
(b) Fees. Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the City Council from time to time by ordinance.
(c) Completeness. Within seven (7) days of receiving an application for a sign permit the Zoning Inspector shall review it for completeness. If the Inspector finds that it is complete, the application shall then be processed. If the Inspector finds it incomplete, the Inspector shall, within such seven (7) day period, send the applicant a notice of the specific ways in which the application is deficient, with appropriate reference to the applicable sections of this chapter.
(d) Submission Requirements. The following materials must be included with the completed application forms. Examples are available from the Planning and Zoning Office.
(1) Site Plan. A site plan drawn to an appropriate scale which shows the proposed location of the sign as well as all other significant site features such as rights of way, topography, existing vegetation, and adjacent buildings and properties which may be affected by the proposal.
(2) Elevation. An elevation of the proposed sign and its mounting system that includes an accurate rendering of the proposed graphic design, typography, color, and materials used for construction. For window, wall or building signs this drawing should include a complete elevation of the building face on which the sign will be attached.
(e) Action. After processing a complete application, the Zoning Inspector will review for compliance of Chapter 1177 within seven (7) days and if found to be in compliance:
(1) Will forward monument signs to the Design Review Board at their next regularly scheduled meeting,
(2) Shall approve said application for all other signs.
(3) If the application requires a variance from the Zoning Code, the Zoning Inspector shall forward the application to the Planning Commission for review at its next available meeting.
(f) Appeal. Any party aggrieved or affected by a decision of the Planning Commission involving a sign application may appeal to Council. The appeal shall follow the procedures established in Chapter 1137. Such appeal shall be submitted to the City Clerk no later than ten (10) days after the decision of the Commission is filed with the City Clerk or sent to the applicant by personal service or by deposit in the U.S. Mail, postage prepaid, return receipt requested, whichever shall last occur.
(Ord. 13-2022. Passed 7-5-22.)
1177.12 NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS.
(a) Any previously legally existing sign, but which by reason of its size, height, location, design, construction, or erection is not in conformance with the requirements of this chapter, shall be considered a Nonconforming Sign.
(b) Nonconforming signs must be brought into compliance with the requirements of this Section when any proposed change to sign face would be undertaken. This would include, but not be limited to changes in the message, typography, graphic design, sign material or mounting system, excluding the required maintenance necessary to keep the sign in good repair in its existing condition. In no way shall this Section (or Section 1177.99 Violations) be interpreted to mean that the general repair and maintenance of nonconforming signs is prohibited. It is the intent that such signs are permitted to be maintained as long as it is not replaced or the design, logo or content is not altered or as long as the use does not change.
(c) A nonconforming sign may not be replaced by another nonconforming sign except where changed conditions beyond the control of the owner render the signs repair.
(Ord. 13-2022. Passed 7-5-22.)
1177.13 DRIVE-THROUGH, MENU BOARD SIGNS.
Drive-through menu board signs include freestanding, pole, pylon, and monument menu board signs. A drive-through menu board sign is permitted only when all of the following conditions are fulfilled:
(a) The sign is located on the property to which it refers;
(b) The sign is not visible from the public right-of-way;
(c) The sign is single-face only and does not exceed thirty- two (32) square feet in size;
(d) The sign is not placed in front of the building setback line.
(Ord. 13-2022. Passed 7-5-22.)
1177.14 PERMANENT SIGNS
Particular types of permanent sign types shall be permitted in specific zoning districts as cited in Section 1177.14 of this chapter. Permanent signs shall also be subject to the following requirements:
(a) Wall Sign.
(1) Standards.
A. Signs should align with a building’s entablature, and placed to fit harmoniously with horizontal molding, friezes, sills, or other ornament. Wall signs may not extend above the roof or cornice of the building.
B. Wall signs installed on buildings two-stories or greater shall be placed on the wall so that the sign is located above the height first floor entrance and below the second floor windows. Wall signs on single-story buildings shall be located on the wall so that the sign is at a height that is greater than that of the primary public entrance.
C. Wall signs may be placed under the window sills of upper stories by special permit.
D. Information displayed should be limited to business name, address, and logo. Additional information is prohibited.
(b) Canopy/Awning Sign.
(1) Standards.
A. Signage located on the sloping portion of an awning is only permitted for storefronts where the typical area for a wall sign is missing.
B. Signage is prohibited on upper story awnings and on the side of awnings with closed ends.
C. Information type is limited to business name, logo, and addresses. Additional information is prohibited.
D. Awning signs shall not be internally illuminated or backlit.
(c) Projecting Sign.
(1) Standards.
A. Sign may be oriented at a 45-degree angle from a building corner.
B. A projecting sign must be at least 25 feet from any other projecting sign.
C. When located over driveways or alleys, projecting signs shall have a minimum clear height of 16 feet.
(d) Window Sign.
(1) Standards.
A. Window signs must be applied directly to inside of the windows glass, at or above eye level, and have a transparent background.
B. Information type is limited to business name, logo, hours of operations, and product types.
C. Additional information and signs that flash or blink intermittently are prohibited.
D. Applied plastic or vinyl cut letters are strongly discouraged.
E. A window sign cannot be illuminated.
F. A window sign will be measured in its entirety.
(e) Monument Sign.
(1) Standards.
A. The location, height and other characteristics of freestanding signs must meet the requirements of this chapter.
B. No portion of any freestanding ground sign shall be erected over the street right-of-way.
C. Freestanding ground signs, where permitted, shall be designed and constructed so as to be compatible with the design and materials of the structure with which the sign is associated. The base of the freestanding sign must be finished to the ground elevation. Exposed footers and/or concrete block are not permitted.
(Ord. 09-2024. Passed 3-20-24.)
1177.15 SIGN TABLE.
Sign Type | UR-1 | UR-2 | AR-1 |
General Provisions | 1. Unless otherwise stated in a specific district, neon signs shall not be permitted. | 1. Unless otherwise stated in a specific district, neon signs shall not be permitted. | 1. Unless otherwise stated in a specific district, neon signs shall not be permitted. |
2. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. | 2. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. | 2. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. | |
3. The maximum total square footage of all signs on any lot will be calculated as 1.5 square foot of signage per 100 square feet of gross lease area. | 3. The maximum total square footage of all signs on any lot will be calculated as 1.5 square foot of signage per 100 square feet of gross lease area. | 3. The maximum total square footage of all signs on any lot will be calculated as 1.5 square foot of signage per 100 square feet of gross lease area. | |
4. Changeable copy signs are not permitted. | 4. Changeable copy signs are not permitted. | 4. Changeable copy signs are not permitted. | |
5. Animated signs are not permitted. | 5. Animated signs are not permitted. | 5. Animated signs are not permitted. | |
Residential1 | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. |
2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | |
Incidental2 | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Monument | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Building Marker3 | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Maximum size is (6) square feet. | 2. Maximum size is (6) square feet. | 2. Maximum size is (6) square feet. | |
3. Must be cut or etched into stone, masonry bronze or similar material. | 3. Must be cut or etched into stone, masonry bronze or similar material. | 3. Must be cut or etched into stone, masonry bronze or similar material. | |
Sign Type | UR-1 | UR-2 | AR-1 |
Canopy/Awning | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Identification4 | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Only name and address permitted. | 2. Only name and address permitted. | 2. Only name and address permitted. | |
3. Maximum size is to be 4 square feet. | 3. Maximum size is to be 4 square feet. | 3. Maximum size is to be 4 square feet. | |
Marquee5 | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Projecting | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Wall Sign | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Window Signs | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Sidewalk Signs | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Sign Type | GCC-1 | GCC-2 | LM |
General Provisions | 1. Unless otherwise stated in a specific district, neon signs shall not be permitted. This does not include “OPEN” signs less than 3 square feet in size. | 1. Unless otherwise stated in a specific district, neon signs shall not be permitted. This does not include “OPEN” signs less than 3 square feet in size. | 1. Unless otherwise stated in a specific district, neon signs shall not be permitted. This does not include “OPEN” signs less than 3 square feet in size. |
2. The maximum total square footage of all signs on any lot will be calculated as 1.5 square foot of signage per 100 square feet of gross lease area. | 2. The maximum total square footage of all signs on any lot will be calculated as 1.5 square foot of signage per 100 square feet of gross lease area. | 2. The maximum total square footage of all signs on any lot will be calculated as 1.5 square foot of signage per 100 square feet of gross lease area. | |
Residential1 | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. |
2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. |
Sign Type | GCC-1 | GCC-2 | LM |
Incidental2 | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. |
2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | |
3. Maximum height is 4 feet. | 3. Maximum height is 4 feet. | 3. Maximum height is 4 feet. | |
4. Maximum number is 4 per lot. | 4. Maximum number is 4 per lot. | 4. Maximum number is 4 per lot. | |
Monument | 1. Permitted. Internal illumination is permitted. | 1. Permitted. Internal illumination is permitted. | 1. Permitted. Internal illumination is permitted. |
2. Maximum size is 50 square feet. (A). | 2. Maximum size is 50 square feet. (A) | 2. Maximum size is .0025 square feet for each square foot of building size with a maximum size of 150 square feet. Any business 20,000 square feet or less may have up to a 50 square foot sign.(A) | |
3. Maximum height is 15 feet. (B) | 3. Maximum height is 15 feet. (B) | 3. Maximum height is 1 foot for every 2 foot setback from edge of pavement with a 17 feet max. The maximum base height is 5 feet from the natural grade. (B) | |
4. Maximum number is one per lot. | 4. Maximum number is one per lot. | 4. Maximum number is one per lot. | |
Building Marker3 | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Maximum size is (6) square feet. | 2. Maximum size is (6) square feet. | 2. Maximum size is (6) square feet. | |
3. Must be cut or etched into stone, masonry bronze or similar material. | 3. Must be cut or etched into stone, masonry bronze or similar material. | 3. Must be cut or etched into stone, masonry bronze or similar material. | |
Sign Type | GCC-1 | GCC-2 | LM |
Canopy/Awning | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Maximum size is 6 square feet or 25% of the surface area of the canopy, whichever is less. (A) Sign is limited to valance face only. | 2. Maximum size is 6 square feet or 25% of the surface area of the canopy, whichever is less. (A) Sign is limited to valance face only. | 2. Maximum size is 6 square feet or 25% of the surface area of the canopy, whichever is less. (A) Sign is limited to valance face only. | |
3. Shopfront width is maximum width allowed. (B) | 3. Shopfront width is maximum width allowed.(B) | 3. Shopfront width is maximum width allowed. (B) | |
4. 8' minimum clearance (C) | 4. 8' minimum clearance (C) | 4. 8' minimum clearance (C) | |
5. Letter height minimum 5" and maximum 10" (D) | 5. Letter height minimum 5" and maximum 10" (D) | 5. Letter height minimum 5" and maximum 10" (D) | |
6. The maximum number is one per business. | 6. The maximum number is one per business. | 6. The maximum number is one per business. | |
7. Maximum number of colors is one in addition to the canopy color. | 7. Maximum number of colors is one in addition to the canopy color. | 7. Maximum number of colors is one in addition to the canopy color. | |
Identification4 | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Only name and address permitted. | 2. Only name and address permitted. | 2. Only name and address permitted. | |
3. Maximum size is to be 4 square feet. | 3. Maximum size is to be 4 square feet. | 3. Maximum size is to be 4 square feet. | |
Marquee5 | 1. Permitted as secondary to primary sign. | 1. Permitted as secondary to primary sign. | 1. Permitted as secondary to primary sign. |
2. Electronic scrolling marquee are permitted with maximum letter height not to exceed 6". | 2. Electronic scrolling marquee are permitted with maximum letter height not to exceed 6". | 2. Electronic scrolling marquee are permitted with maximum letter height not to exceed 6". | |
Projecting | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Maximum size is 10 square feet.(A) Maximum length is 6 feet (B). Maximum height is 4 feet (C). | 2. Maximum size is 10 square feet.(A) Maximum length is 6 feet (B). Maximum height is 4 feet (C). | 2. Maximum size is 10 square feet. (A). Maximum length is 6 feet (B). Maximum height is 4 feet (C). | |
3. Maximum number is one per business. | 3. Maximum number is one per business. | 3. Maximum number is one per business. | |
Sign Type | GCC-1 | GCC-2 | LM |
Projecting(CONT.) | 4. Maximum clearance is 8 feet. (D). Maximum projection is 6 feet (E). | 4. Maximum clearance is 8 feet (D). Maximum projection is 6 feet (E). | 4. Maximum clearance is 8 feet (D). Maximum projection is 6 feet (E). |
Wall Sign | 1. Permitted. Internal illumination prohibited. | 1. Permitted. Internal illumination prohibited. | 1. Permitted. Internal illumination prohibited. |
2. Maximum size is lineal feet of building frontage(A)/1.5 | 2. Maximum size is lineal feet of building frontage(A)/1.5 | 2. Maximum size is lineal feet of building frontage(A)/1.5 | |
3. Maximum width is 80% facade length (B). Maximum height is 4 feet (C) | 3. Maximum width is 80% facade length (B). Maximum height is 4 feet (C) | 3. Maximum width is 80% facade length (B). Maximum height is 4 feet (C) | |
4. 8' minimum clearance (D). and 7 inch maximum projection (E). | 4. 8' minimum clearance (D). and 7 inch maximum projection (E) | 4. 8' minimum clearance (D). and 7 inch maximum projection (E) | |
5. Maximum number is one per building. Multi-tenant commercial buildings may have one sign per tenant unit(s) that meet the requirements in I-4, above based on the tenant unit(s) measurements. | 5. Maximum number is one per building. Multi-tenant commercial buildings may have one sign per tenant unit(s) that meet the requirements in I-4, above based on the tenant unit(s) measurements. | 5. Maximum number is one per building. Multi-tenant commercial buildings may have one sign per tenant unit(s) that meet the requirements in I-4, above based on the tenant unit(s) measurements. | |
6. Lettering on wall signs shall be a minimum of one (1) inch in depth. | 6. Lettering on wall signs shall be a minimum of one (1) inch in depth. | 6. Lettering on wall signs shall be a minimum of one (1) inch in depth. | |
Window Signs | 1. Window signs are permitted in the first floor windows only. | 1. Window signs are permitted in the first floor windows only. | 1. Window signs are permitted in the first floor windows only. |
2. Window signs shall not exceed 25% per individual window (A). | 2. Window signs shall not exceed 25% per individual window (A). | 2. Window signs shall not exceed 25% per individual window (A) | |
3. Maximum length is 4 feet, maximum height is 4 feet | 3. Maximum length is 4 feet, maximum height is 4 feet | 3. Maximum length is 4 feet, maximum height is 4 feet | |
4. Neon window signs, which advertise products sold by a business or services given, are not permitted. | 4. Neon window signs, which advertise products sold by a business or services given, are not permitted. | 4. Neon window signs, which advertise products sold by a business or services given, are not permitted. | |
Sidewalk Signs | 1. Permitted. | 1. Permitted with variance. | 1. Permitted with variance. |
2. Maximum of 10 square feet per side. | 2. Maximum of 10 square feet per side. | 2. Maximum of 10 square feet per side. | |
Sign Type | GCC-1 | GCC-2 | LM |
Arm Signs | 1. Arm signs shall not exceed eight (8) sq. ft. Maximum height shall not exceed six (6) feet. Bottom of sign panels should maintain a minimum three (3) feet clearance from grade. | 1. Arm signs shall not exceed eight (8) sq. ft. Maximum height shall not exceed six (6) feet. Bottom of sign panels should maintain a minimum three (3) feet clearance from grade. | 1. Arm signs shall not exceed eight (8) sq. ft. Maximum height shall not exceed six (6) feet. Bottom of sign panels should maintain a minimum three (3) feet clearance from grade. |
2. All arm signs shall be located a minimum of five (5) feet behind any right-of-way. | 2. All arm signs shall be located a minimum of five (5) feet behind any right-of-way. | 2. All arm signs shall be located a minimum of five (5) feet behind any right-of-way. | |
3. A ten (10) foot side-yard setback shall be required if the side lot line abuts a residential district | 3. A ten (10) foot side-yard setback shall be required if the side lot line abuts a residential district | 3. A ten (10) foot side-yard setback shall be required if the side lot line abuts a residential district | |
Sign Type | SR-1 | SR-2 | OS & FP |
General Provisions | 1. The maximum number of colors in any sign is three. | 1. The maximum number of colors in any sign is three. | 1. The maximum number of colors in any sign is three. |
2. Unless otherwise stated in a specific district, neon signs shall not be permitted. | 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. | 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. | |
3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. | 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. | 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. | |
4. The maximum total square footage of all signs on any lot is 6 square feet. | 4. The maximum total square footage of all signs on any lot is 6 square feet. | 4. The maximum total square footage of all signs on any lot is 6 square feet. | |
5. Changeable copy signs are not permitted. | 5. Changeable copy signs are not permitted. | 5. Changeable copy signs are not permitted. | |
6. Animated signs are not permitted. | 6. Animated signs are not permitted. | 6. Animated signs are not permitted. | |
Sign Type | SR-1 | SR-2 | OS & FP |
Residential1 | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. |
2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | |
Incidental2 | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. | 1. Permitted with no commercial message. |
2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | 2. Maximum size is 4 square feet. | |
3. Maximum height is 4 feet. | 3. Maximum height is 4 feet. | 3. Maximum height is 4 feet. | |
4. Maximum number is 4 per lot. | 4. Maximum number is 4 per lot. | 4. Maximum number is 4 per lot. | |
Sign Type | SR-1 | SR-2 | OS & FP |
Monument | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Building Marker3 | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Maximum size is (6) square feet. | 2. Maximum size is (6) square feet. | 2. Maximum size is (6) square feet. | |
3. Must be cut or etched into stone, masonry bronze or similar material. | 3. Must be cut or etched into stone, masonry bronze or similar material. | 3. Must be cut or etched into stone, masonry bronze or similar material. | |
Canopy/Awning | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Identification 4 | 1. Permitted. | 1. Permitted. | 1. Permitted. |
2. Only name and address permitted. | 2. Only name and address permitted. | 2. Only name and address permitted. | |
3. Maximum size is to be (4) square feet. | 3. Maximum size is to be (4) square feet. | 3. Maximum size is to be (4) square feet. | |
Marquee5 | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Projecting | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Wall Sign | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Window Signs | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Sidewalk Signs | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Arm Signs | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
Deviations | 1. Not permitted. | 1. Not permitted. | 1. Not permitted. |
NOTES:
1. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.
2. No commercial message of any kind allowed on sign if such message is legible from any location off the lot on which the sign is located.
3. May include only building name, date of construct, historic data on historic site; must be cut or etched into masonry, bronze or similar material.
4. Only address and name of occupant allowed on sign.
5. If such sign is suspended or projects are above a public right of way; the issuance and continuation of a sign permit shall be condition on the sign owner obtaining and maintaining in force liability insurance for such a sign in such amount as the City Council may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least five hundred thousand dollars ($500,000) per occurrence per sign.
(Ord. 09-2024. Passed 3-20-24.)
1177.99 VIOLATIONS.
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter, the Zoning Ordinance and
by State law:
(a) To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located.
(b) To install, create, construct, or maintain any sign requiring a permit without such permit.
(c) To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed.
(d) Each day of continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
(e) Where signs are not in keeping with the provisions of this chapter, signs may be removed at any time as deemed by the City.
(f) Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 13-2022. Passed 7-5-22.)
1179.01 PURPOSE.
The City, recognizing that with increased urbanization and population growth comes increased demands for well-organized residential areas which take into account unique natural features, historic preservation, contemporary land use concepts, and a balanced residential environment, hereby provides for the Single Family Planned Residential District to promote the variety and flexibility of land development for single family residential purposes that are necessary to meet these demands while still preserving and enhancing the health, safety and general welfare of the residents of Johnstown.
(Ord. 12-2022. Passed 7-5-22.)
1179.02 APPLICATION.
The owner of any parcel consisting of ten (10) acres or greater, may submit an application for change in the zoning under the provisions of this chapter of the Zoning Ordinance.
(Ord. 12-2022. Passed 7-5-22.)
1179.03 PERMITTED USES.
Within the Single Family Planned Residential District (SFPRD) the following uses, developed in strict compliance with the approved development plan and standards, shall be permitted:
(a) Single family dwelling.
(b) Accessory buildings and accessory uses incidental to the principal building or use.
(c) Non-residential uses of a religious, cultural, educational, or recreational nature or character to the extent that they are designed and intended to serve the residents of the Single Family Planned Residential District. Said facilities may be designed to serve adjoining neighborhoods or residents if they are located in such proximity to the major thoroughfares as to permit access without burdening residential streets.
(d) Temporary non-residential structures such as construction trailers and temporary buildings of a non-residential character may be used incident to construction work on the premises or on adjacent public projects or during the period while a permanent structure is being constructed. The user of said structure shall obtain a permit for such temporary use, which permit shall be valid for six (6) months and may be renewed at the discretion of the zoning inspector on finding of reasonable progress toward completion of the permanent structure or project. The zoning inspector may require provisions for sanitary waste disposal, solid waste disposal and water supply. The fees for such permit and renewals thereof shall be established by the Johnstown City Council. Said temporary structure shall be removed not later than ten (10) days after expiration of said permit, and/or the issuance of the Zoning Certificate of Compliance regarding such permanent structure. In no event shall such temporary structure be utilized for any residential use.
(e) Golf course community that includes a public or private golf course with all buildings and club houses incident thereto, integrated with residential uses permitted by this Section 1179.03. The golf course shall be subsidiary to the primary residential use of the property.
(Ord. 12-2022. Passed 7-5-22.)
1179.04 CONDITIONAL USES.
Within this zoning district the following uses may be permitted, subject to the conditions and restrictions imposed by the Planning and Zoning Commission pursuant to the provisions of Chapter 1131 of this Planning and Zoning Code. Conditionally permitted uses shall be considered and declared abandoned if said use or uses are not commenced within one (1) year or are discontinued for a period in excess of two (2) years. Unless the Conditional Use Permit specifically provides that the grant shall be permanent and shall run with the land, the sale or conveyance of the land or structure wherein the same is located or upon which the same is granted shall void the Conditional Use Permit and the subsequent owner(s) or his agent shall be required to re- apply for a continuation and/or modification of such use(s) to the Planning and Zoning Commission. A designation by the Planning and Zoning Commission that a permit is permanent and shall run with the land does not affect the right of authorities to revoke the permit for failure to comply with conditions imposed.
(d) Model Homes, the same being defined as residential-type structures used as sales offices by a builder/developer and to display the builder/developer's product. The same may be furnished within, since its purpose is to display to prospective buyers the builder/developer's features (such as exterior siding treatments, roofing materials, interior trim, moldings, floor coverings, etc.) in the environment of a completed home, and may be staffed by the builder/developer's sales force. Model homes shall be subject to the following restrictions:
(1) Lighting. All exterior lighting must be "downlighting", so that absolutely no light shall be cast onto adjoining residential properties. All off-street parking areas must be illuminated. All exterior lighting shall be extinguished at the closing time of the model home, except that which is in character with those found on surrounding homes.
(2) Parking. All model homes shall provide off- street paved parking for the public. The driveway of the model home may be utilized for not more than two (2) parking spaces.
(3) Termination of Use. The use of model homes within a residential subdivision, or within any single phase of a multi-phase subdivision, shall terminate when zoning certificates of compliance have been issued for ninety percent (90%) of the lots therein. The model home must be returned to its original state of a single family dwelling including, but not limited to, architecture, garage, landscaping, driveway and sidewalks.
(e) Borrow Pit, unless included as a designed wet pond or dry basin in the approved development plan and standards. Otherwise, a borrow pit may be permitted subject to the conditions and restrictions imposed by the Planning and Zoning Commission, provided that it is less than 10,000 square feet in size, in accordance with the following regulations, and provided that such excavation and required rehabilitation shall be completed within one (1) year from the date of issuance of a Certificate of Zoning Compliance.
(1) The applicant shall clearly state, in the application, their intentions as to rehabilitation of the excavation.
(2) No excavation shall be made from the banks or beds of Raccoon Creek or any other such stream or waterway designated as necessary to the Flood Control Program of Licking County and no excavation shall be permitted closer than two hundred (200) feet of either bank of the above named rivers and creeks.
(3) Yard Requirements. An excavation shall be located one hundred (100) feet or more and back-filled to one hundred and fifty (150) feet from a street right-of-way line. Excavation shall be no closer than fifty (50) feet to a property boundary line, except with the written consent of said adjacent property owner.
(4) No plants or equipment for processing of extracted materials or other ancillary operations shall be permitted.
(5) Rehabilitation Plan. Extraction shall be permitted only from areas for which there is a Rehabilitation Plan approved by the Planning and Zoning Commission. All such Rehabilitation Plans shall include the following:
A. A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within five hundred (500) feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five (5) feet or less.
B. Existing and proposed drainage of the area.
C. Details of regrading and revegetation of the site during and at conclusion of the operation.
D. The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two (2) feet horizontal to one (1) foot vertical. This slope shall be maintained twenty (20) feet beyond the water line if such exists.
E. Soil banks shall be graded to a level suiting the existing terrain.
F. All banks and extracted areas shall be surfaced with at least six (6) inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized.
G. When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be filled and leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
H. An area to be rehabilitated as a permanent spring-fed lake shall be in compliance with the requirements of Section 21.05 and the provisions of this section. In the event of a conflict between the provisions of Section 21.05 and the provisions of this section, the more restrictive provisions shall control.
I. An area to be rehabilitated by refilling and grading shall utilize only clean fill, and the use of scrapped wood, tree stumps or construction debris as fill material is prohibited.
J. All equipment shall be removed within seven (7) days of the completion of the extraction of materials.
(Ord. 12-2022. Passed 7-5-22.)
1179.05 PROHIBITED USES.
Within the Single Family Planned Residential District the following uses shall be prohibited:
(a) Any use not specifically authorized by the express terms of this chapter of the Planning and Zoning Code.
(b) Outdoor storage of inoperable, unlicensed or unused motor vehicles for a period exceeding forty-eight (48) hours is prohibited. Said vehicles if stored on the premises shall be enclosed within a building so as not to be visible from any adjoining property or public road.
(c) No trailer of any type, no boats, no motor homes and no equipment of any type shall be parked in front of the front building line on any parcel within this district for more than twenty-four (24) hours in any ten (10) day period. If a dwelling is located on said lot the building line shall be considered to be the front wall of the dwelling even if said dwelling is located behind the minimum building line established by this code or the restrictions on the plat or subdivision.
(d) No sales trailers of any type shall be permitted
(e) Telecommunications towers.
(Ord. 12-2022. Passed 7-5-22.)
1179.06 PROCEDURE.
In addition to any other procedures set out in this chapter, all applications for amendments to the zoning map to rezone property to this district shall follow the procedures hereinafter set forth:
(a) Application. One or more of the owners or authorized representative of property within an area of contiguous property located within the City may request that the zoning map be amended to include such area in the Single Family Planned Residential District in accordance with the provisions of this Ordinance.
(1) The applicant is encouraged to engage in informal consultations with the Planning and Zoning Commission prior to formal submission of a development plan and request for an amendment to the zoning map, it being understood that no statement by officials of the city shall be binding upon either.
(b) Development Plan. One electronic development plan in PDF format or such other format as is acceptable to the Planning and Zoning Department, shall be submitted with the application, which plan shall include in the text and map form:
(1) The size and location of the property proposed to be rezoned to this Single Family Planned Residential District.
(2) The general development character of the property proposed to be rezoned to this Single Family Planned Residential District, including the limitations or controls to be placed on residential and related uses, with probable lot sizes, minimum setback requirements and other development features including landscaping.
(3) Architectural design criteria for all structures and criteria for proposed signs with proposed control procedures.
(4) A lighting plan conforming to the requirements and standards as set forth below.
A. A site plan showing location of all exterior light fixtures, controllers and transformers.
B. Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent right-of-way, north arrow and scale.
C. Specifications and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.
D. Lamp wattage of all proposed luminaires.
E. Information that indicates a minimum light level of 0.5 footcandles at grade in all vehicular use areas and connecting pedestrian paths.
F. Cut sheets for all proposed exterior light fixtures and poles.
G. Any other information and data reasonably necessary to evaluate the required lighting plan.
H. General requirements.
1. All exterior fixtures shall be full cut-off fixtures.
2. No portion of a lamp, reflector, lens, or refracting system may extend beyond the housing or shield so as to be visible from off-site or cause disabling glare.
3. All light fixtures shall be directed downward. Uplighting is prohibited, except for accent lighting for buildings or signs, which may be approved as part of a development plan.
4. Exterior residential lights are exempt from subsections (b)(4)H.1., 2., and 3. above when the initial lumen output does not exceed 2850 lumens (equivalent to a 150 watt incandescent lamp).
5. All outdoor light poles shall be constructed of metal, fiberglass or finished wood.
6. No exposed neon lighting, exposed neon look-alike lighting, exposed light emitting diode (LED) lighting or other exposed tube or tube-type lighting shall be permitted. This prohibition shall extend to and include, but not be limited to, all exterior signage, and signage or other accents placed in a window.
I. Maximum height requirements. The total height of exterior lighting fixtures shall not exceed a maximum height of twenty (20) feet measured from the finished grade established not closer than fifteen (15) feet to the lighting fixture.
J. Light pollution standards.
1. Lighting required exclusively for the illumination of entrance/exit access drives and pedestrian ways from the public right-of-way shall be permitted to illuminate to the far limit of the right-of-way.
2. Artificially produced light that strays beyond property boundaries shall be considered a public nuisance when intensity levels exceed the following maximum illumination levels at or beyond five (5) feet into the adjoining property:
MAXIMUM LIGHT POLLUTION ILLUMINANCES | ||
RECEIVING AREA CLASSIFICATION | MAXIMUM HORIZONTAL (FOOTCANDLES) AT GRADE BEYOND THE PROPERTY LINE | MAXIMUM VERTICAL (FOOTCANDLES) AT THE STRUCTURE HEIGHT |
Residential | 0.4 | 0.8 |
Office and Business | 2.0 | 2.0 |
Industrial | 2.0 | 2.0 |
Note: When two differing area classifications abut, the lower light level value shall take precedence along the common boundary | ||
K. Measurement.
1. Light levels shall be measured in footcandles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
2. Measurements shall be taken at a height of three and one-half (3.5) feet above the ground.
3. Light uniformity ratios.
a. For any one luminary, the light uniformity ratio shall comply with the following ratio: maximum to minimum: 10:1.
b. The average light uniformity ratio for all luminaires located on a site shall comply with the following ratio: average to minimum 4:1.
L. Exemptions. The following luminaires are exempt from the provisions of this section:
1. Luminaires required by the Ohio Building Code that operate only in an emergency mode.
2. Outdoor light fixtures that produce light directly from fossil fuel, such as kerosene lanterns or gas lamps.
3. Residential low-voltage lighting in residential zoning districts and holiday lighting.
4. Illuminated poles for governmental or institutional flags.
5. Lighting required by federal regulation such as, but not limited to communication towers or airports.
M. In addition to the provisions of this section, all exterior lighting fixtures shall be installed in conformity with all other applicable provisions of this resolution.
(5) The proposed provisions for water, sanitary sewer and surface drainage with engineering feasibility studies or other evidence of reasonableness.
(6) The proposed traffic patterns showing public and private streets and other transportation facilities, including their relationship to existing conditions, topographically and otherwise.
(7) The relationship of the proposed development to existing and probable uses of surrounding areas during the development timetable.
(8) Location of schools, parks and other facility sites, if any.
(9) The proposed time schedule for development of the site including streets, buildings, utilities and other facilities.
(10) If the proposed timetable for development includes developing the property proposed to be rezoned to this Single Family Planned Residential District in phases, all phases to be developed after the first shall be fully described in textual form in a manner calculated to give City officials definitive guidelines for approval of future phases. Each phase, including the first, shall include a minimum of ten (10) acres of property or the whole property, whichever is smaller.
(11) The ability of the applicant or applicants to carry forth the development plan by control of the property proposed to be rezoned to this Single Family Planned Residential District and the engineering feasibility of the development plan.
(12) Specific statements of divergence from the development standards in Title Seven - Zoning Standards and Special Provisions and/or this Article, or existing city regulations or standards, and the justification therefor. Unless a variation from these development standards is specifically approved the same shall be complied with.
(13) Evidence of the applicant's ability to post a bond if the plan is approved assuring completion of public service facilities to be constructed within the project by the developer.
(14) A site plan at a scale not smaller than one inch (1") equals one hundred (100) feet. Such site plan shall clearly indicate:
A. The net density and gross density of the proposed development.
B. The design concept of the location, shape, size, and height of existing and proposed buildings.
C. The existing and proposed landscape.
D. Parking areas.
E. Floor areas and elevations of typical units.
F. Location and description of adjacent buildings within two hundred (200) feet from the boundary of the proposed development.
G. The location and amount and status of required open space.
H. Such other material data as may be necessary to evaluate the health, safety and welfare and determine compliance with this Chapter 1179.
(c) Criteria for Approval. In approving an application for a Single Family Planned Residential District the reviewing authorities shall determine:
(1) If the proposed development is consistent in all respects with the purpose, intent and general standards of this Planning and Zoning Code.
(2) If the proposed development is in conformity with the comprehensive plan or portion thereof as it may apply.
(3) If the proposed development advances the general welfare of the City and the immediate vicinity.
(4) The existing and proposed utility services are adequate for the proposed population densities and nonresidential uses proposed.
(d) Review Procedure. The completed application shall be submitted to the Planning and Zoning Department. Failure to submit a complete application shall result in a refusal of acceptance. The City Planner shall transmit the complete application package to the City Engineer for review, at the price of the applicant. A public hearing shall be held by the Planning and Zoning Commission not more than thirty (30) days from the date of final approval by the City Engineer. The notification requirements for such hearing shall be as set forth in subsection (e) hereof.
(e) Action by Planning and Zoning Commission. The Commission will provide its recommendation to either approve, approve with conditions, or deny the application to Council within thirty (30) days of the public hearing, unless otherwise requested by the Applicant. Council will schedule a public hearing on the development plan on its agenda for consideration in accordance with Council rules. Council may approve the development plan; approve the development plan with modifications or conditions; or disapprove the development plan. Council may adopt the modifications and conditions, if any, recommended by the Planning and Zoning Commission, in whole or in part, and may add its own modifications and conditions.
(f) Effect of Approval. The development plan as approved by the Johnstown City Council shall constitute an amendment to the Planning and Zoning Code as it applies to the property included in the approved amendment. The approval shall be for a period of twelve (12) months to allow the preparation of plats required by the City of Johnstown, unless a final plat has already been approved. The property will revert to Rural Residential (RR) district if no final plat or extension of time has been approved within that time period. Where the property is to be developed in phases, plans for phases subsequent to the first phase shall be submitted in accordance with the timetable in the approved development plan. Any approved plats shall be properly recorded.
(g) Extension of Time or Modification. An extension of the time limit or a minor change to the approved development plan may be approved by the Johnstown City Council. Such approval shall be given only upon a finding of the purpose and necessity for such change or extension and evidence of reasonable effort toward the accomplishment of the original development plan, and that such change or extension is not in conflict with the general health, welfare and safety of the public or development standards of the district.
(1) No extension of time shall be granted except on application filed with the City not later than ninety (90) days before the expiration of the then current time limit.
(2) Unless approved by a unanimous Ordinance of all the members elected to the Johnstown City Council, adopted at a public meeting, the following shall not be considered to be a minor change to the approved development plan:
A. A change in the use or character of the development;
B. An increase in overall lot coverage of structures and off-street parking;
C. An increase in the density;
D. An increase in the problems of traffic circulation and public utilities;
E. A reduction in approved open space;
F. A reduction of off-street parking and loading space;
G. A reduction in required pavement widths;
H. A reduction of the acreage in the planned development;
I. Any other departure from the approved development plan which is deemed not to be in substantial compliance with the approved development plan.
(h) Plat Required. In the Single Family Planned Residential District, no use shall be established or changed and no structure shall be constructed or altered until the required subdivision plat has been prepared and recorded in accordance with these regulations. The subdivision plat shall be in accord with the approved development plan and shall include:
(1) Site arrangement, including building setback lines and space to be built upon within the site; water, fire hydrants, sewer, all underground public utility installations, including sanitary sewers, surface drainage and waste disposal facilities; easements, access points to public rights-of-way, parking areas and pedestrian ways; and property reserved for non-highway service use with indication of the nature of such use.
(2) Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the property, the improvements thereon, and the activities of occupants, including those applicable to areas within the tract to be developed for non-residential uses.
(3) In the event that any public service facilities not to be otherwise guaranteed by a public utility have not been constructed prior to recordation of the plat, the owner of the project shall post a performance bond in favor of the appropriate public officers in a satisfactory amount assuring expeditious completion of said facilities within one (1) year after the recording of said plat. In no event, however, shall any zoning permit be issued for any building or use until such time as the facilities, including but not limited to water, sanitary sewer and surface drainage improvements, and public and private streets, for the phase in which the building or use is located are completed.
(i) Administrative Review. All plats, construction drawings, restrictive covenants and other necessary documents shall be submitted to the City Manager or their designated technical advisors for administrative review to insure substantial compliance with the development plan as approved.
(Ord. 12-2022. Passed 7-5-22.)
1179.07 DEVELOPMENT STANDARDS.
In addition to any other provisions of this chapter the following standards for arrangement and development of lands and buildings are required in the Single Family Planned Residential District.
(a) Intensity of Use. The maximum density shall be one-half (.5) unit per gross acre of area within the area to be developed.
(b) Open Space. At least fifty percent (50%) of the total gross acreage of the Single Family Planned Residential District must be devoted to open space. Open space shall be designated upon the development plan as "Maintained Passive Open Space", "Recreational Open Space" and "Unmaintained Passive Open Space" upon the basis of the definitions, purposes, requirements and conditions set forth in this Ordinance, excepting that, notwithstanding anything to the contrary, public or private golf courses, with all buildings and club houses incident thereto, may be designated as "recreational open space" when integrated into a golf course community as permitted by this section. Such open space shall be designed to provide active recreation, passive recreation, the preservation of natural site amenities or any combination thereof. Any buildings, structures and improvements to the open space must be appropriate to the uses which are authorized for the open space, having regard to its topography and unimproved condition. The open space shall be of a size, shape and location which is conducive to use by residents of the property within the Single Family Planned Residential District. Public utility and similar easements, rights-of-way for streets and roads, and right-of-ways for water courses and other similar channels are not acceptable for common open space dedication unless such land or right- of-way is usable as a trail or similar purpose and has been approved by the Zoning Commission. Storm water retention or detention facilities are acceptable for dedication as Maintained Passive Open Space, provided such facilities do not exceed ten percent (10%) of the total open space required. The responsibility for the maintenance of all open spaces shall be specified by the developer in writing before approval of the development plan. The open space reserved in a Single Family Planned Residential District shall be dedicated to, and permanently owned by, a homeowners' association that shall have title to the land for the use of each owner who buys property within the development. Such open space shall be used only for the purposes for which it is designated upon the approved development plan, and in accordance with the approved development plan. The legal articles relating to the organization of the homeowners' association are subject to review and approval by the Zoning Commission and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Such legal articles shall be inserted into the chain of title of the land within the Single Family Planned Residential District. All open space shall be prohibited from further subdivision or development. This shall be done by placement in a reserve and notation on the final plat or by other declaration or agreement in the chain of title to such property, the same to be in a form acceptable to the city attorney.
(c) Lot Width. There shall be a lot width of seventy-five (75) feet or more at the front line of the dwelling, and such lot shall have access to and abut on an adjoining approved street or road for a distance of sixty (60) feet or more.
(d) Lot Depth. There shall be a lot depth of one hundred thirty-five (135) feet or more extending from the front line of the lot to the rear line of the lot.
(e) Side Yard Setback. No building or structure shall be located closer than twelve and one half (12 1/2) feet to any side lot line, and the total of the side yards shall be twenty-five (25) feet or more.
(f) Building Setback. No building or use shall be located closer to the right-of-way line or centerline of the adjacent public or private road than thirty (30) feet.
(g) Rear Yard Requirement. No structure shall be located closer than thirty (30) feet to the rear line of any lot. Children's play sets shall be exempt from this restriction if located at least five (5) feet from the rear line.
(h) Maximum Lot Coverage. On no lot or parcel in this zoning district shall buildings be constructed which cover more than twenty-five percent (25%) of the lot area.
(i) Access. A minimum of two forms of ingress and egress are required unless approved by the Planning and Zoning Commission.
(j) Landscaping. Reference Chapter 1183 for landscaping standards. Landscape plans shall be submitted with the subdivision plat and shall be subject to approval in the same manner required of the subdivision plat. All such landscaping shall be maintained and kept in accordance with the landscape plan as submitted, and such maintenance and upkeep shall be the responsibility of the owner of such yard, space or area. All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands.
(k) Parking. Off street parking shall be provided, at the time of construction of the main structure or building, with adequate provisions for ingress and egress according to the development plan. In preparing and approving the parking plan the provisions of Chapter 1175 shall, when appropriate, be incorporated.
(l) Signs. Signs shall comply with Chapter 1177. Signs permitted in SR-1, SR-2, UR-1 and UR-2 districts are permitted in PUD districts.
(m) Building Height Limits. No building in this district shall exceed thirty-five (35) feet in height measured from finished grade established not closer than fifteen (15) feet to the exterior wall of the structure. Barns, silos, grain handling conveyors, church spires, domes, flag poles and elevator shafts, are exempted from any height regulation and may be erected to any safe height.
(n) Building Dimensions. Dwellings shall have a total living area of not less than the minimum set forth below:
(1) Single-story dwellings - 2,200 square feet;
(2) Two-story dwellings - 3,200 square feet;
(3) One and one-half story dwellings - 1,800 square feet ground level, 800 square feet additional level;
(4) Bilevel, split-level - 2,800 square feet.
(o) Transportation Network. The roadway system within the Single Family Planned Residential District shall follow a hierarchy system of roadway design. Main entrances shall be boulevard style with a landscaped median connected to collector streets and then local streets. There shall be a buffer of 250 feet from the main entrance for the first single family structure. No single family structure shall back up to an existing roadway and shall face the boulevard, collector or local street.
(p) The Planning and Zoning Commission and/or the Johnstown City Council may impose special additional conditions relating to the development with regard to type and extent of public improvements to be installed; landscaping, development, improvement, and maintenance of common open space; and any other pertinent development characteristics.
(Ord. 12-2022. Passed 7-5-22.)
1179.08 GOLF COURSE COMMUNITY DEVELOPMENT STANDARDS; CRITERIA FOR APPROVAL.
Except as hereinafter provided, the following development standards for arrangement and development of a Single Family Planned Residential District involving a golf course community shall be in addition to the provisions of Section 1179.07 and any other provisions of this chapter. The following criteria for approval of a Single Family Planned Residential District involving a golf course community shall be in addition to the provisions of Section 1179.06 and any other provisions of this chapter.
(a) Development Standards.
A. The golf course, in its' entirety, shall be designated as "recreational open space" on the development plan. The portion of the open space that is intended to be used as a golf course shall be so identified on the development plan and may be leased to a secondary entity for the development of the golf course, but the use shall remain as open space in perpetuity and shall not be conveyed by the homeowner's association to any entity other than the City, if such conveyance is mutually agreed. If the golf course is leased, and the golf course use is abandoned for a continuous period of twelve (12) months or more, the possession of the golf course, including all buildings, structures and improvements, shall revert to the homeowner's association. Unless conveyance to the City occurs, the perpetual care and maintenance of the golf course shall be the ultimate responsibility of the homeowner's association.
B. Additional open space, beyond that which must otherwise be provided, shall be required if access to the golf course area by residents of the golf course community is restricted or requires payment of a fee, other than mandatory fees uniformly applied and imposed on all property owners within the golf course community as an incident of their ownership of property within the golf course community (i.e., home owner's association fees, assessments, etc.). This open space shall be in addition to the area of the golf course, provided, however, that such additional open space shall not be required to exceed ten percent (10%) of the total gross acreage of the non-golf course portion of the golf course community.
C. All open space, including the golf course area of the open space, shall be prohibited from further subdivision or development.
D. Subsections 1179.08 (a)(1)A. and C., shall be implemented by a placement of the golf course area of the open space in a reserve and notation on the final plat, or by other declaration or agreement in the chain of title to such property, the same to be in a form acceptable to the village attorney.
(2) Single Family Portions: Single family areas of a golf course community shall be developed in compliance with the development standards set forth in Sections 1197.07(c) through (p) inclusive.
(3) Multi-Family Portions: Multi-family areas of a golf course community shall be developed in compliance with the development standards set forth in Chapter 1151.
(4) Building and Club House Setback from Residential Lots: All buildings and club houses of the golf course shall be located not less than two hundred (200) feet from any residential lot line.
(b) Criteria for Approval: In approving an application for a Single Family Planned Residential District involving a golf course community, the reviewing authority shall determine, in addition to the criteria for approval set forth in Section 1179.06(c):
(1) That the proposed development will preserve and enhance the health, safety and general welfare of the inhabitants of Johnstown.
(2) That the proposed golf course community will not have an adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking or utility facilities.
(3) That the proposed golf course community will be constructed, arranged, and operated so as not to interfere with the present use of the neighboring property.
(4) That the proposed golf course community will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, drainage structures, water and sewers, or that the persons or agencies responsible for the establishment of the golf course community will provide adequately for such facilities and services.
(5) That the proposed golf course community will not result in the destruction, loss, or damage of any natural, scenic or historic feature of significant importance.
(Ord. 12-2022. Passed 7-5-22.)
1181.01 CONTINUED USE.
Unless expressly stated otherwise in this Planning and Zoning Code, the lawful use of a premises, land or structures situated appurtenant thereto existing at the time of the adoption or amendment of this Zoning Ordinance may be continued, although such use, building or structure does not conform with the provisions of this Zoning Ordinance for the district in which it was located. The provisions herein provided are subject to the conditions of this section.
1181.02 FORMER VIOLATIONS TO BE CORRECTED.
All uses in existence at the adoption of this Zoning Ordinance, which are in violation of one or more of the General Offenses Code of the Village as it relates to health, safety, welfare and well-being of the general public shall be brought in compliance herewith and shall not be deemed a nonconforming use. Such user or occupier or owner shall adopt necessary measures to conform such use within ninety days of the effective date of this Zoning Ordinance.
1181.03 RESUMPTION OF DISCONTINUED NONCONFORMING USE.
No building, structure, premises or appurtenances thereto where a nonconforming use has been discontinued for a period of two years or more shall be put to a nonconforming use unless proper application is made therefor as provided herein.
1181.04 PERMISSIVE REPAIRS OF NONCONFORMING USES.
Repairs and maintenance work as required to keep a nonconforming use in sound, habitable and safe condition may be made to a nonconforming building or structure subject to the provisions contained herein.
1181.05 RECONSTRUCTION OF NONCONFORMING USE.
Any nonconforming use, premises or structures situated appurtenant thereon, or one or more of a group of nonconforming premises, uses or structures situated thereon related to one industry but under one ownership, which has been or may be destroyed by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before, if it is done within twelve months of such disaster and if the restored use does not exceed the square foot area as it existed at the time of such disaster.
1181.06 EXPANSION OF NONCONFORMING USE.
No existing building or premises devoted to a use not permitted by this Zoning Ordinance in the district in which such premises, use or structure situated thereon is located, except when required or allowed to do so by law, order or other directive of the Planning and Zoning Commission, shall be enlarged, extended, reconstructed, substituted or structurally altered unless authorized in accordance with the provisions contained herein.
1181.07 APPLICATION FOR NONCONFORMING USE PERMIT.
(a) Written application for a nonconforming use permit shall be made to the Zoning Inspector who shall transmit the application to the Planning and Zoning Commission secretary. Such application shall be made only by one or more of the owners or lessees of the property for which such nonconforming use is proposed.
(b) The applicant shall pay the appropriate fee to cover the cost of the proceedings.
(c) The written application shall contain at a minimum:
(1) Name, address and hone number of applicant(s) and owner(s) or other occupier of the structure. If the applicant is not the owner, the owner's name and address must be so indicated;
(2) Legal description of property for which nonconforming use permit is sought;
(3) Description of present or proposed nonconforming use;
(4) Statement of present zoning district;
(5) Description of proposed nonconforming use;
(6) A statement of the relationship of the proposed nonconforming use to adjacent land use in terms of general compatibility.
(7) A list of the property owners and their addresses contiguous to and directly across the street(s) from the property for which the nonconforming use is proposed or desired to be continued;
(8) A plan for the nonconforming use showing such information as the Planning and Zoning Commission may require to determine if the nonconforming use meets the intent requirements of this Zoning Ordinance;
(9) Any information the Planning and Zoning Commission may request to evaluate the request for a nonconforming use permit;
(10) The length, duration or time for which such nonconforming use has existed.
1181.08 REVIEW BY PLANNING AND ZONING COMMISSION.
Upon receipt of an application for a nonconforming use permit the Planning and Zoning Commission shall set a date within forty-five days of receipt of the application to review such application.
1181.09 NOTICE.
At least seven days notice shall be given prior to the public hearing and be published in one or more newspapers of general circulation in Johnstown. Property owners as listed under the application shall be notified at least seven days prior to the hearing by registered mail. Such notice shall include the date, place, time and nature of the nonconforming use applied for. The applicant shall post one sign per public street frontage of the subject property indicating the date and time for the hearing. The sign(s) shall be posted at least ten (10) days prior to the hearing. The sign(s) should be purchased at the Johnstown City Offices and will measure no less than two (2) feet by three (3) feet.
(Ord. 33-2021. Passed 8-17-21.)
1181.10 BURDEN OF PROOF.
It shall be the affirmative duty of the applicant to present by the preponderance of evidence sufficient basis to demonstrate the propriety of a nonconforming use permit. The mere application for such permit is not in and of itself sufficient to sustain this burden of proof.
1181.11 MATTERS FOR REVIEW.
The following conditions shall be considered in the public hearing and employed in the review of an application for a nonconforming use permit.
(a) Whether the nonconforming use is in conformity with the general objectives and specific objectives of this Zoning Ordinance;
(b) The duration and nature of the nonconforming use;
(c) Whether the nonconforming use will be constructed, operated or maintained so as to be compatible and appropriate in appearance with the existing or intended character of the neighborhood and zoning district;
(d) Whether the proposed nonconforming use will create an undue burden of public facilities and services and whether it will be detrimental to the economic welfare of the community;
(e) Whether the proposed use will be hazardous or disturbing to existing or future of permitted uses or entail a use, structure or condition of operation that constitutes a nuisance.
1181.12 PERMIT ISSUANCE.
The Planning and Zoning Commission has the authority to deny, grant or grant with restrictions a nonconforming use permit which shall be effective ten days after the issuance by the Commission. The nonconforming use permit shall authorize at most only the conditional use applied for and such conditional use permit shall automatically continue unless terminated as set forth herein.
1181.13 DURATION.
Nonconforming uses once granted for commercial, industrial or business purposes only, shall not inure to the benefit of the heirs, successors, assigns or purchasers or a nonconforming use permit holder unless the same is applied for as provided herein.
1181.14 RESIDENTIAL USES IN NON-RESIDENTIAL DISTRICTS.
(a) All homes, houses and dwellings used solely for residential purposes, located in non-residential zoned districts, shall be granted the same protections and observe the same guidelines that are provided to and enjoyed by all other residences located in residential zoned districts in the Village of Johnstown.
(b) Applicants whose dwellings are located in a nonresidential zoned district shall be assigned to the residential zoned district whose square footage lot requirements is closest to the square footage of the applicant’s lot.
(Ord. 20-98. Passed 10-20-98.)
(Ord. 20-98. Passed 10-20-98.)
1183.01 PURPOSE.
The purpose of these landscaping, open space and natural feature requirements is to promote and protect the public health, safety and welfare through the preservation of the environment by recognizing the vital importance of tree growth, green space and sensitive environmental features in the ecological system. It is further the purpose of this section to encourage the effective utilization of landscaping as a buffer between particular land uses, and to minimize noise, air and/or visual pollution and artificial light glare. This section is intended to specifically encourage the preservation and replacement of major or canopy trees removed in the course of a project to:
(a) Prevent Erosion;
(b) Maintain Site Lines;
(c) Prevent Water Runoff;
(d) Maintain Air Quality;
(e) Provide Shade Coverage; and
(f) Maintain Wildlife Habitats;.
(g) Reduce Noise Pollution; and
(h) Reduce Glare for Public Safety.
(Ord. 08-2022. Passed 5-4-20.)
1183.02 DEFINITIONS
As utilized in this section, the following words and phrases shall have the meaning ascribed herein:
(a) "Affected Property" means a property where major or canopy trees are proposed for removal or removed.
(b) "Caliper" is the diameter of the trunk of trees measured in inches at breast height, or four and one half feet above ground.
(c) "Canopy Tree" means a large tree which provides canopy over streets and other areas, both paved and unpaved. At maturity, such a canopy tree will achieve a canopy spread of forty or more feet in diameter.
(d) "Crown" means the upper mass or head of a tree.
(e) "Cultivar" means a cultivated variety of plant material grown for its special form and characteristics.
(f) "Heavily Wooded Site" means a site which has an existing tree canopy coverage prior to development of forty percent (40%) or greater.
(g) "Landscaping" means the use of trees, shrubs, grass, ground covers and other plant materials.
(h) "Major tree" means a living tree with a trunk diameter of not less than six (6) inches, measured twenty-four (24) inches above ground level.
(i) "Natural Vegetation Areas" means areas existing on a property when a Project is being developed, contemplated, planned, or carried out that contain naturally occurring grasses, mosses, flowers, or other vegetation, but excluding trees.
(j) "Opaqueness" means the state of being impervious to rays of light measured by observation of any two (2) square yard area lying between two (2) and ten (10) feet from the ground.
(k) "Project" means any action(s) that will change the physical features of a property, including but not limited to: landscaping, excavation, or construction.
(l) "Property" can mean either a single-family lot or an entire development property for a subdivision as long as such property is related to one Project.
(m) "Registered Professional" means a registered landscape architect or other allied landscape professional, such as an arborist, horticulturist, nurseryman, or forester, certified in their respective field and with experience in plant materials and proper planting design.
(n) "Two Growing Seasons" means two full summer seasons, with summer ending on September 30 of every year.
(Ord. 08-2022. Passed 5-4-22.)
1183.03 PRESERVATION OF NATURAL FEATURES.
(a) Landscape Architect shall approve areas to preserve natural vegetation areas.
(b) If an area is determined to be a wetland, it shall be preserved or mitigated in compliance with Federal regulations.
(c) All streams with a drainage area greater than fifty (50) acres and their riparian corridors shall be preserved. The corridor width shall be a minimum of 100 feet, with at least twenty-five (25) feet on each side of the centerline of the stream.
(d) Floodplain areas should be incorporated into the open spaces and are encouraged to be made publicly accessible.
(Ord. 08-2022. Passed 5-4-22.)
1183.04 RESERVATION OF TREES AND WOODED AREAS.
(a) All major or canopy trees shall be preserved unless exempted or subject to a tree removal permit. The City Landscape Architect may approve a tree removal permit for the cutting down, removal or destruction of a major or canopy tree when one of the following applies:
(1) The tree will be located within a public right-of-way or easement.
(2) The tree is located within the area to be covered by proposed structures or within twelve feet from the perimeter of structures, and the proposed structures cannot be located in a manner to avoid removal of the tree at the same time permitting desirable and logical development of the lot.
(3) The tree will be located within a proposed driveway designed to service a single-family home.
(4) The tree is damaged, diseased or a safety hazard from natural causes.
(5) The tree is an undesirable species in its present location.
(6) The tree needs to be removed as part of a project on the property.
(b) Preservation of Wooded Areas. Streets, lots, structures and parking areas should be laid out to avoid the unnecessary destruction of heavily wooded areas or major or canopy trees. Property owners are encouraged to designate heavily wooded areas as park reserves where possible.
(Ord. 08-2022. Passed 5-4-22.)
1183.05 TREE REMOVAL PERMIT.
(a) Prior to the removal of any major or canopy tree, a property owner shall apply, and be approved for, a tree removal permit.
(b) An application for a tree removal permit shall be submitted no later than sixty (60) days prior to any proposed tree removal to the City Landscape Architect and shall contain the following information:
(1) The name and contact information for the applicant and/or their designee for the permitting process;
(2) The address of the affected property;
(3) A map outlining the trees on the affected property with designations for those proposed for removal, except for heavily wooded sites where the City Landscape Architect may waive this requirement and require an ariel photo instead; and
(4) An overview listing the trees proposed for removal including their genus, species, location on the property, and health status as: healthy, diseased, damaged, or dead;
(5) Any other information that the applicant would like the City Landscape Architect to consider with respect to the mitigation of effects of the environmental degradation from the proposed tree removal.
(c) The City Landscape Architect, or designee, shall review the application information and conduct a site visit to the affected property to determine, under generally accepted arborist practices, the impacts that the project will have on the affected property and the surrounding area as it relates to the factors outlined in Section 1183.01 or any other factors deemed environmentally important by the City Landscape Architect for the particular affected property.
(d) The City Landscape Architect will provide the applicant with a report detailing the number of trees that are likely to mitigate the effects of the proposed tree removal.
(e) Any granted tree removal permit to conditioned upon compliance with Section 1183.06. (Ord. 08-2022. Passed 5-4-22.)
1183.06 TREE REPLACEMENT.
(a) If a tree removal permit has been granted for property, the property owner shall comply with one of the following procedures:
(1) Affected Property Tree Replacement. Within one year of the project being completed on the affected property, the property owner shall plant replacement trees in the quantity specified under Section 1183.05(d) on the affected property.
(2) Surrounding Property Tree Replacement. If replacing all major or canopy trees on the affected property would not be feasible, in the City Landscape Architect's sole discretion, the property owner may elect to replace the trees in the quantity outlined in Section 1183.05(d) on a surrounding area property. The City Landscape Architect shall determine whether a proposed property is close enough in proximity to the affected property to be considered a surrounding property such that the effects of the removed tree(s) can be remedied at that location.
(3) Tree Replacement Fee. Where it is impractical or not feasible, in the City Landscape Architect's sole discretion, to replace the trees on the affected property or a surrounding property the property owner shall pay a tree replacement fee to the Memorial Tree Fund adopted by the City Council. The Memorial Tree Fund is used to support the City's effort to plant and replace trees. The calculated cost will be an amount sufficient to replace the number of trees required to remedy the effects of tree removal as determined in Section 1183.05(d) plus trees.
A. Any replacement trees shall have a trunk diameter at planting of at least three inches, measured six inches above the ground level.
(Ord. 08-2022. Passed 5-4-22.)
1183.07 PROCEDURE.
(a) Any person seeking a zoning certificate, a variance, a conditional use permit, subdivision plat approval, development plan approval or site plan approval, shall file with their application a landscaping plan prepared by a registered professional, which, by plot plan and description shall include:
(1) The location, size and description of landscaping materials proposed to be placed on the lot in order to comply with this chapter.
(2) The location and size of any structures presently on the lot, and those proposed to be placed on the lot.
(3) The proposed location and description of screening proposed to be placed on the lot in order to comply with this chapter.
(b) The City Landscape Architect shall approve or disapprove a landscape plan for any conditional use permit, subdivision plat, development plan or site plan application.
(c) The City Landscape Architect shall either approve or disapprove all landscaping plans submitted as part of a Zoning Certificate application within thirty (30) days of their filing. On reviewing the application and receiving suggestions or recommendations from the City Landscape Architect, the applicant may agree to modem their application including the plans and specifications submitted. The Zoning Certificate will not be issued until plans reflecting the agreed upon changes are submitted to the City Landscape Architect. An applicant may appeal a decision of the City Landscape Architect disapproving their landscaping plan to the Planning and Zoning Commission. Notice of appeal must be filed with the City Clerk within 15 days after the decision of the City Landscape Architect is provided to the applicant.
(d) No variance, zoning certificate, development plan approval, site plan approval or conditional use permit shall be granted or issued until final approval of the landscaping plan.
In the event of failure to install the required landscaping, written notice shall be served to the property owner. Such notice shall state that the failure to install the landscaping as required shall result in the forfeiture of approval and that such failure shall be deemed an implied consent for the City to cause said landscape to be installed.
(Ord. 08-2022. Passed 5-4-22.)
1183.08 STREET TREE REQUIREMENTS.
In order to receive a zoning certificate, a variance, a conditional use permit, subdivision plat approval, development plan approval or site plan approval the planting of trees along roadways for all new development shall be required in accordance with the following Street Tree Requirements:
(a) Deciduous canopy trees (street trees) shall be planted no less than twenty-four (24) feet and no more than thirty-six (36) feet on center unless otherwise approved by the City Engineer.
(b) Street trees must be planted in the tree lawn, between the sidewalk or leisure trail and the road pavement. Tree lawns shall be a minimum width of six (6) feet.
(c) Street trees shall be a minimum of three (3) inches caliper (trunk diameter at four and five-tenths (4.5) feet above the ground).
(d) Any tree on the list of undesirable species in Section 1183.14 shall not be planted as street trees.
(e) Street trees shall be located so that a twenty-five (25) foot sight triangle is maintained at street intersections.
(f) Street trees shall be located not less than ten (10) feet from fire hydrants, street lights, and/or utility poles.
(g) The property owner shall be required to maintain all street trees for a period of two (2) years after the tree is planted and to replace any tree which dies within such two (2) year period.
(h) Street trees should be of the same genus and species planted continuously along the length of each street.
(i) No person shall, as a normal practice, top any tree within the public right-of-way. "Topping" means the severe cutting back of limbs within the tree's crown to such a degree so as to remove the normal canopy or disfigure the tree.
(j) Street tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven (7) feet above the sidewalk. Tree limbs extending over streets shall be trimmed so that no portion of the same shall interfere with the normal flow of traffic.
(k) The City, or any licensed utility, shall have the right to, but will not be required to, plant, prune, maintain and remove trees, plants, and shrubs within the established right-of-way lines of all streets, highways, and alleys as may be necessary to ensure public safety, enhance the symmetry and beauty of such public grounds, or remove such trees as may be injurious to sewers,. electric power lines, gas lines, water lines or other public improvements.
(l) No person shall, by any type of construction, reduce the area of a tree lawn within the street right-of-way.
(m) On all properties within the Downtown area, to avoid interference with pedestrian traffic, only approved street trees may be planted. Such trees shall conform to the size, spacing, and placement of similar trees already in place on adjacent and nearby properties. In addition to the approved street trees, tree wells may also contain flowers or other ground cover plantings.
(Ord. 08-2022. Passed 5-4-22.)
1183.09 LANDSCAPING SCREENING.
(a) Screening of Service Areas. For commercial, industrial, office, institutional and multiple-family uses, all areas used for service, loading and unloading activities shall be screened on those portions of the lot which abut districts where residences are a permitted use. Screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or an acceptable combination of these elements, provided that screening must be at least seven (7) feet in height. Natural vegetation screening shall have a minimum opaqueness of seventy-five percent (75%) during full foliage. The use of year-round vegetation, such as pines or evergreens, is encouraged. Vegetation shall be planted no closer than three (3) feet to any property line.
(b) Screening of Trash Receptacles. For commercial, industrial, office, institutional, and multiple-family uses, all trash and garbage container systems shall be screened or enclosed by walls, fences, or natural vegetation to screen them from view. Container systems shall not be located in front yards, and shall conform to the side and rear yard pavement setbacks in the applicable zoning district. The height of such screening shall be at least six (6) feet in height. Natural vegetation shall have a maximum opaqueness of seventy-five percent (75%) at full foliage. The use of year-round vegetation, such as pines and evergreens, is encouraged.
(c) Buffering and Screening Requirements. For commercial, industrial, office and institutional uses which abut districts where residences are a permitted use, a buffer zone with a minimum width of twenty-five (25) feet should be created. Such screening within the buffer zone shall consist of natural vegetation planted no closer than three (3) feet to any property line. Natural vegetation shall have an opaqueness of seventy-five percent (75%) during full foliage and shall be a variety which will attain at a minimum ten (10) feet in height within five (5) years of planting.
(d) Maintenance of Shrubbery and Hedges. No shrubbery or hedge shall be planted, in any district, in such a manner that any portion of growth extends beyond the property line. The owner or occupant of property on which there is shrubbery, hedges, or trees so located as to affect the vision of drivers on adjacent streets shall keep shrubbery and hedges trimmed to a maximum of thirty (30) inches in height, and keep trees trimmed so as to avoid creating traffic hazards.
(e) Minimum Trees. The following minimums are required, based upon total ground coverage of structures and vehicular use areas:
(1) Up to 20,000 square feet: A minimum of one tree per 5,000 square feet of ground coverage and a total tree planting equal to one inch in tree trunk size for every 2,000 square feet of ground coverage.
(2) Between 20,000 and 50,000 square feet: A minimum of one tree for every 5,000 square feet of ground coverage and a total tree planting equal to ten (10) inches plus one-half inch in tree trunk size for every 2,000 square feet over 20,000 feet in ground coverage.
(3) Over 50,000 square feet: A minimum of one tree for every 5,000 square feet of ground coverage and a total tree planting equal to twenty-five (25) inches plus one- half inch in tree trunk size for every 4,000 square feet over 50,000 square feet in ground coverage.
(Ord. 08-2022. Passed 5-4-22.)
1183.10 PARKING LOT LANDSCAPING.
(a) Parking Lot Islands.
(1) Large, unbroken expanses of parking lot shall be avoided. Large lots should be separated into a series of smaller interconnected lots separated by peninsulas or islands. No individual landscape area shall be smaller than 350 square feet.
(2) For each 100 square feet, or fraction thereof, of parking area, a minimum total of five (5) square feet of landscaped area shall be provided.
(3) Parking areas should contain a minimum of one deciduous canopy tree for every ten (10) parking spaces.
(4) Trees used in parking lot islands shall have a clear trunk of at least five (5) feet above the ground, and the remaining areas shall be landscaped with shrubs, or ground cover, not to exceed two feet in height.
(b) Buffering. Parking lots shall be screened from primary streets, residential areas, and open space by a three and five-tenths (3.5) foot minimum height evergreen hedge or masonry wall, or combination of wall and plantings.
(Ord. 08-2022. Passed 5-4-22.)
1183.11 LANDSCAPE MATERIALS.
Landscape materials utilized in meeting requirements of this section should complement the form of existing trees and plantings, as well as the general design and architecture of the developed area. The type of sun or shade should be considered in selecting plant materials. Artificial plants are prohibited. All landscape materials shall be living plants and shall meet the following requirements:
(a) Quality. All plant material shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under state regulations.
(b) Type. Added landscape elements shall observe and respect the size, placement, character and type of such materials employed on adjacent or nearby properties.
(c) Deciduous Trees. Trees which normally shed their leaves in the fall shall be species having an average mature crown spread of greater than fifteen (15) feet and having trunks which can be maintained with over five (5) feet of clear wood in areas where visibility is required, except at vehicular use intersections where the clear wood requirement shall be eight (8) feet. A minimum of ten (10) feet overall height, or a minimum caliper (trunk diameter as measured six inches above ground) of at least two (2) inches immediately after planting shall be required. Trees of undesirable species, as listed in Section 1183.07 are prohibited.
(d) Evergreen Trees. Evergreen trees shall be a minimum of five (5) feet high with a minimum caliper of one and one-half (1 1/2) inches immediately after planting.
(e) Shrubs and Hedges. Shrubs shall be planted at least two (2) feet in average height when planted and shall conform to opacity and other requirements within four (4) years after planting.
(f) Vines. Vines shall be at least twelve (12) inches high at planting and generally used in conjunction with walls or fences.
(g) Grass or Ground Cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns, and may be sodded or seeded. In swales or other areas, reducing net or suitable mulch shall be used; nurse grass shall be sown for immediate protection until complete coverage otherwise is achieved. In certain cases, ground cover consisting of rocks, pebbles, sand or similar materials may be approved.
(h) Maintenance and Installation. All landscaping materials shall be installed in a sound and competent manner, according to accepted, good construction and planting procedures. The owner of the property shall be responsible for the continued proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free of refuse and debris at all times. All unhealthy or dead plant material installed pursuant to this section shall be replaced within one (1) year.
(Ord. 08-2022. Passed 5-4-22.)
1183.12 WET AND DRY STORMWATER BASINS.
The following regulations shall apply to the design of wet and dry stormwater basins:
(a) Wet and dry stormwater basins shall be designed by an Engineer in conjunction with a professional engineer to ensure that the basins have a natural shape and are graded and planted in an attractive manner.
(b) Wet and dry stormwater basins shall be designed in compliance with the ODNR Rainwater and Land Development Manual, latest edition, to meet water quality requirements.
(c) For safety, maintenance, and aesthetic purposes, wet and dry stormwater basins shall have side slopes (above normal pool elevation) that are generally no steeper than 6:1 and no more gradual than 20:1 (horizontal:vertical).
(d) The use of fountains and other plainly visible aeration devices shall be subject to the approval of the City Engineer.
(e) Landscape treatments at the perimeter of wet and dry stormwater basins shall be designed either with maintained turf to the pond's edge or a naturalized planting of native landscape material, subject to approval of the City Engineer. The landscape plantings shall be in large masses and drifts, and shall not include decorative landscape boulders, large mulch beds, or specimen plantings. Under no circumstances shall the landscape design conflict with any of the safety, maintenance, or engineering requirements set forth in the Codified Ordinances or reference documents.
(f) Temporary on-site wet or dry stormwater basins shall not be subject to the regulations in divisions (a), (b), (c) and (e) of this section. Temporary basins shall either be removed or replaced with a permanent basin prior to acceptance of infrastructure improvements when installed as part of new subdivisions or completion of the final engineering punch list in the case of single site developments. The time frame in which to install a permanent basin may be extended for good cause by the City Manager or their designee. In the case of a time extension, a performance bond must be provided to the City in an amount to cover removal of the temporary basin and installation of the permanent basin. State and Federal safety and engineering regulations apply to all temporary ponds.
(Ord. 08-2022. Passed 5-4-22.)
1183.13 UNDESIRABLE SPECIES.
(a) In meeting the planting and maintenance requirements of this chapter, the following species of trees shall be considered undesirable species, and shall not be utilized.
(1) Box-Elder (Acer negundo). (Breakage and insect pests)
(2) Silver Maple (Acer saccharinum). (Breakage; surface roots)
(3) Catalpa (Catalpa speciosa). (Messy flowers and seed pods; insect pests)
(4) Tulip Tree (Liriodendrum tulipfera). (Insect pests; leaves drop in dry periods)
(5) Mulberry (Morus alba). (Fruit objectionable on street)
(6) Poplars (all kinds) (Populus). (Breakage; insect pests, disease-prone)
(7) Willows (all kinds) (Salix). (Breakage; insect and disease-prone; surface roots)
(8) Siberian Elm (Ulmas pumila). (Breakage)
(b) No tree planting may interfere with any public utility.
(Ord. 08-2022. Passed 5-4-22.)
1183.14 FENCES.
1183.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than one thousand dollars ($1000.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 08-2022. Passed 5-4-22.)
1184.01 URBAN/AGRICULTURAL CONFLICT MITIGATION.
(a) Purpose. The purpose of these standards is to mitigate the potential for conflict between farming activities and urban uses. The mitigation provisions of this chapter seek to achieve the following objectives:
(1) Minimize the impacts of urban development on agricultural production activities.
(2) Minimize the potential for complaints about agricultural practices and activities.
(3) Ensure the continued use of agricultural land for agricultural uses.
(4) Minimize potential conflict by developing a well-defined boundary between agricultural and urban uses. The best boundary will be one that minimizes conflict in both directions.
(b) Definitions. The following definitions apply only to this chapter:
(1) "Agricultural land uses" means the use of land for the cultivation and husbandry of plant and animal products, including agricultural activities permitted on land zoned exclusive farm use (Agriculture).
(2) "Mitigation area" means a management zone of varying size, shape, and characteristics between different land uses that uses combinations of mitigation elements to buffer between agricultural land and urban land uses.
(3) "Mitigation element" means a physical or legal feature within a mitigation area that mitigates an adverse impact. A mitigation element may consist of vegetation, transportation and utility corridors, natural barriers, deed restrictions, or other natural or manmade features.
(4) "Spray drift" means airborne movement of agricultural chemicals onto a non-target area.
(5) Urban Receptor, Sensitivity Of.
A. Urban Receptor, Higher-Sensitivity (H).
i. Residential use.
ii. Motel, hotel, or hostel.
iii. Place of worship; public meeting facility.
iv. Child care center, kindergarten, school, university, or other educational institution.
v. Medical center or hospital.
vi. Public or quasi-public use, such as library, park, etc.
vii. Other similar uses.
B. Urban Receptor, Lower-Sensitivity (L).
i. Commercial use, except for any defined as higher-sensitivity urban receptor.
ii. Industrial use.
iii. All other uses not classified here.
(c) Description of Impacts Requiring Mitigation.
(1) Spray Drift. Principally, spray drift is caused by agricultural chemical use, but can apply to urban use of agrochemicals. Separation between urban and agricultural uses is the preferred tool to mitigate the impact of the spray drift, employing either large setbacks or a combination of smaller setbacks and a tree buffer.
(2) Trespass and Vandalism. Trespass and vandalism are often considered by farmers to be the most serious adverse potential impact to agricultural operations in proximity to urban areas. Climb-resistant, trespass-inhibiting fences and/or hedges in the mitigation area are the means of reducing these impacts, as is placing the buffer in individual ownership (such as larger urban lots with strict setback requirements).
(3) Odor. Odor is one of the less important agriculture-related adverse impacts. Unless there are site- specific reasons why mitigation of odor is critical (such as the presence of a livestock feed lot), issues with odor are sufficiently addressed by requiring that owners of new urban development within 1,000 feet of agricultural land receive notice through an explicitly worded deed declaration of the potential adverse impacts to which they will likely be exposed as a result of living within 1,000 feet of agricultural land.
(4) Dust, Smoke, and Ash. Like odor, this grouping of potential adverse impacts is one of the least important agriculture-related issues in the region, and, like odor, can be addressed by the use of a deed declaration.
(5) Runoff. Stormwater and irrigation runoff arise from both urban and agricultural uses, and can adversely impact agricultural operations as well as urban health and livability. Impacts may be avoided or significantly reduced by employing erosion-prevention and erosion-control measures during construction, and by an adequate stormwater plan for urban development that takes into account impacts from and on the adjacent agricultural land.
(6) Noise. Noise is an impact arising from agricultural operations. This section contains no noise mitigation requirements, but applicants are encouraged to consider community design and construction practices that provide some level of noise mitigation.
(Ord. 20-2018. Passed 6-19-18.)
1184.02 APPLICATION STEPS.
(a) Applicability.
(1) The provisions in this section apply to the development permit applications listed below where proposed development abuts land zoned or currently utilized as Agricultural.
A. Land division;
B. Planned unit development;
C. Conditional use permit;
D. Site plan and architectural review.
(2) A preapplication conference is required for all applications subject to the provisions of this section.
(3) Different degrees of mitigation are required of the applicant based on the following factors: the sensitivity of the adjoining urban use to agricultural impacts and the impact being buffered; the intensity of uses on the adjacent Agriculture land.
(b) Application. Agricultural Impact Assessment Report. As part of any application for development or use of land which is adjacent to agriculture (refer to subsection (d) of this section) and where the agricultural mitigation standards in Section 1184.03 apply, an applicant shall supply the planning department with a report entitled "Agricultural Impact Assessment Report" (AIAR). The purpose of the AIAR is to provide the approving authority with sufficient evidence to determine agricultural intensity and to evaluate the applicant's proposed method of complying with the provisions of this section. The AIAR shall include the following components:
(1) Map showing the zoning of land adjacent and within 200 feet of the property proposed for urban development.
(2) A description of the type and nature of agricultural uses and farming practices, if any, which presently occur on adjacent lands zoned Agriculture and sources of such information. The information thus required, if applicable, shall include:
A. Method of irrigation (if proposed).
B. Types of agricultural production and practices for the five preceding years.
C. Type of agricultural equipment customarily used on the property.
(3) Detailed information obtained from the Natural Resources Conservation Service (NRCS) concerning soils which occur on adjacent lands zoned Agriculture, and whether the land has access to water for irrigation.
(4) Wind pattern information.
(5) A description of the measures proposed to comply with the requirements of subsection (d) of this section and Section 1184.03.
(6) The persons who prepared said report and all persons, agencies, and organizations contacted during preparation of the report.
(7) All statements shall be documented, sources given as reference, and any other detailed information needed to substantiate conclusions should be provided in the appendices.
(8) If the applicant is requesting a deviation from the standards of this section, the agricultural impact assessment report shall not be deemed to be complete unless accompanied by the conflict assessment and mitigation study described in Section 1184.04(a)(4).
(9) A list of acceptable plant type
(10) A plan and narrative, including best practices and other industry standards, to incorporate existing natural vegetation and trees to the required buffer area.
(c) Review Process.
(1) Using the definitions of these classifications herein and the evidence of the AIAR, the approving authority shall determine:
A. Whether the applicant's proposed mitigation plan meets the standards of this section.
(2) The approving authority shall approve, approve with conditions, or deny the AIAR and its proposals and conclusions.
(d) Mitigation Requirements.
(1) All mitigation elements will be sited on urban land unless arrangements have been made with the adjacent agricultural land owner to site some or all elements on agricultural land.
(2) Mitigation for Agriculture. To minimize or mitigate the potential adverse impacts associated with the proximity of urban and agricultural land uses, the following measures shall be undertaken by the applicant when urban development is proposed adjacent to land which is in agricultural use:
A. Setbacks as illustrated in Section 1184.03(a), Figure 1, either alone or in conjunction with a tree buffer;
E. Deed Declaration. All urban land proposed for development which lies within 1,000 feet of an Agriculture zoning district boundary shall be subject to a deed declaration that requires the owners and all successors in interest to recognize and accept common, customary and accepted farming practices which may produce noise, dust, odors, and other impacts. The deed declaration shall be in a form approved by the city. After the deed declaration is signed it shall be recorded in the official records of Licking County, and copies shall be mailed to the owners of adjacent agricultural lands zoned Agriculture.
F. Maintenance Program. Land adjacent to an Agriculture zoning district boundary shall be subject to a restrictive covenant that provides that the perpetual maintenance of mitigation-related fencing, the perpetual horticultural care and maintenance of trees, shrubs, and hedges that are used for mitigation, and the maintenance of other mitigation elements shall be solely the responsibility of the owners, Homeowners Association (HOA) and/or all successors in interest of property subject to the covenant. The covenant shall be in a form approved by the city. After the covenant is signed it will be recorded in the official records of Licking County.
G. Runoff. Measures appropriate to the circumstances present shall be undertaken by the applicant to mitigate adverse impacts which occur from periodic naturally occurring runoff and inadvertent agricultural irrigation runoff.
H. Ownership. All buffer mitigation areas shall be contained with the boundary of a single parcel owned and maintained by the Homeowners Association.
(Ord. 20-2018. Passed 6-19-18.)
1184.03 MITIGATION STANDARDS.
(a) Illustration of Tree Buffer/Setback Combination Options.
(1) Figure 1 illustrates the tree buffer/setback combination options for applicants.
A. The "tree" symbol illustrates the number of rows required under each option.
B. Minimum setbacks are represented by the "structure" symbol ranged along a linear scale showing distance from the urban/agricultural boundary. Setbacks apply to any structure or property line as defined.
(2) The figure does not depict screening shrubs; however, that element is required when a tree-based buffer is used and when the tree species in the first row on the agricultural side will not provide sufficient foliage cover to ground level.
(3) Where there is a mix of urban uses, the buffer design shall protect the most sensitive use among them.
(b) Tree Buffers.
(1) Three-Row Buffer. Depending on the species used, the minimum possible tree buffer width is 100 feet. A 50' setback from buffer/mitigation area is required to property line for a high sensitivity urban receptor and 50' to structures for low sensitivity receptors. The buffer area may be extended to 150 feet with no setback required. The buffer shall be composed of at least two different conifer species.
Figure 1. Illustration of Tree Buffer
Figure 2. Three-Row Tree Buffer
(2) Row Spacing and Offset. The purpose of the row-by-row offset is to mitigate the effect of individual tree mortality and to compensate for the individual differences between trees.
A. Three-Row Buffer.
i. Offset. Set off the second row by one third the spacing distance of trees (ST) in the first row; set off the third row by another third. Refer to Figure 2 for clarification.
ii. Spacing of Rows. The distance between rows will be determined using the following formula, where SR is the spacing distance between rows, D1 is the widest foliage diameter of the tree species in one row when it reaches a height of 30 feet, and D2 is the widest foliage diameter of the tree species in the next row when it reaches a height of 30 feet:
SR = 0.5(D1 + D2) + 4
(3) Tree Spacing within Rows. Tree spacing within a row is based on the greatest foliar diameter of a given tree species when it reaches a height of 30 feet. Coniferous trees vary from narrow pyramidal forms (e.g., Atlas cedar) to broad pyramidal forms (e.g., Norway spruce), so the following table contains calculation methods for each.
Table 1. Calculation of Tree Spacing within Rows for Narrow- and Broad-Diameter Trees
Narrow ST = | Broad ST = | |
single-species row | 1.25D | 1.1D |
two-species row | 0.625(D1 + D2) | 0.55(D1 + D2) |
D = Typical foliar diameter of a tree species when 30 feet tall. The diameter is measured at the widest extent of a pyramidal conifer.
ST = Tree spacing within rows; calculated as a multiple of tree diameter.
Note: When planting more than two species in a row, use the two species with the widest diameters to calculate spacing.
(4) Minimum Tree Height at Planting. Five to six feet, balled and burlapped.
(5) Permitted Tree Species.
A. Applicants may use any species of conifer trees provided they are resistant to or will not harbor agriculturally harmful insects or diseases.
B. A list of recommended species is available in Appendix I
(c) Transitions between Buffers of Different Intensity. The principal purpose of the tree buffer is to mitigate spray drift; spray height is the primary factor in determining whether a higher- or lower-intensity buffer is required. To lessen the amount of spray being carried past a transition between the two types of buffer, the applicant will extend the buffer 75 feet beyond the end of the higher-intensity buffer, as shown in Figure 4.
Figure 4. Buffer Overlapping for Transition Areas
(d) Screening Shrubs.
(1) Screening shrubs are used only in conjunction with tree buffers.
(2) If the first row of trees on the agricultural side of the tree buffer does not have foliage down to ground level, install screening shrubs to provide sufficient foliage cover to close the gap. If the first row of trees on the agricultural side of the buffer provides foliage down to ground level, then screening shrubs are not required.
(3) The mature height of the shrubs shall be 125 percent of the anticipated ground-to-foliage bare space of the average mature specimen of tree species.
(4) Permitted Screening Shrubs.
A. Applicants may use any species of screening shrubs provided they are resistant to or will not harbor agriculturally harmful insects or diseases.
B. A list of recommended species is available in the regional plan, Appendix III, available at the Village of Johnstown zoning departments.
(e) Trespass-Inhibiting Hedges and Fences.
(1) Hedges and fences may be used separately or in combination to inhibit trespass onto agricultural land.
(2) Hedge Standards.
A. Spacing and Number of Rows. One or more rows, whichever is sufficient to create an eight-foot- wide buffer at maturity.
B. Spacing within Rows. As appropriate to eliminate gaps within three years of planting.
C. Overall Height.
i. No less than three (3) gallon if being used solely as a trespass inhibitor.
ii. If doubling as screening shrubbery, the hedge needs to cover any bare space between the ground and the lowest branches of trees in the central portion. Mature height shall be 125 percent of anticipated ground-to-foliage bare space of average mature specimen of tree species being screened.
D. Permitted Trespass-Inhibiting Species. Applicants may use any species of trespass-inhibiting hedges provided they are resistant to or will not harbor agriculturally harmful insects or diseases. A list of recommended species is available in the regional plan, Appendix I, available at the Village of Johnstown zoning departments.
(3) Fence Standards.
A. Minimum fence height: six feet.
B. Fences shall be climb resistant.
C. Install gates only when necessary for maintenance of the mitigation area.
(f) Other Design Requirements.
(1) Road Placement. It is always preferable to not bisect buffers with roads due to the wind-funneling effect they create. If a road is unavoidable, it should be as narrow as possible, not straight, and should not be oriented to the prevailing wind. It should be noted that even a road with an acceptable orientation and design will permit some degree of increased spray drift to pass through the buffer area, and will also pose a greater risk of trespass
(Ord. 20-2018. Passed 6-19-18.)
1184.04 DEVIATIONS.
(a) Deviations from Provisions.
(1) A proposed mitigation design that deviates from the provisions may be approved by the Planning & Zoning Commission as described in this section.
(2) A mitigation design may not be considered as a deviation if existing elements consistent with the purpose of the buffer are incorporated, as described below:
A. For mitigation without tree buffers the requirements of linear distance can be achieved by elements such as the following:
i. Manmade or natural features such as infrastructure rights-of-way, roads, watercourses, wetlands, rock outcrops, forested areas, and steep slopes;
ii. Nonfarmable areas of the agricultural land being buffered (including yards, storage areas, roads, and all structures) unless such land is used for animal husbandry.
iii. Publicly owned land without consistent present or projected public use (as determined by the public entity owner);
iv. An easement on agricultural land purchased by the applicant;
v. Other open areas (except undeveloped rural residential, commercial, or industrial parcels) that are considered appropriate to the purpose of the buffer.
B. For mitigation with tree buffers the approving authority may allow the requirements to be partially or fully satisfied by existing areas of trees and shrubs, as long as their mitigation effect is essentially the same as that intended by the requirements in Section 1184.03. If the characteristics of the existing vegetation do not meet the requirements in Section 1184.03, and cannot substitute in full or in part for an adequate tree buffer, then the area can either be incorporated into the design at half its mitigation value (for example, a 20-foot-wide riparian area would be calculated as 10 feet of tree buffer) or it can be left out of the tree buffer and be calculated at its original width (20 feet of existing vegetation would be considered as 20 feet of bare land).
(3) When an applicant proposes a mitigation design that deviates from the minimum standards in this section, the applicant is responsible for the preparation of a conflict assessment and mitigation study (CAMS).
(4) Conflict Assessment and Mitigation Study (CAMS).
A. The CAMS shall:
i. Determine the present and likely future agricultural land uses, practices, and activities with the potential to cause adverse impacts to adjacent urban development. This determination shall be based on factors such as soil type; topography; parcel size, shape, and location; infrastructure; microclimatic conditions; regional agricultural practices and crops; and the farming history of the adjacent agricultural land and surrounding similar parcels.
ii. Determine how the proposed urban development would likely impact the management and operation of nearby agricultural lands. All owners of Agriculture-zoned land within 1,000 feet of the land proposed for development shall be asked for an interview, and the findings of those interviews will be included in the CAMS.
iii. Identify the land uses, practices, and activities that may cause adverse impacts and the extent of the impacts, from both the urban use as well as from the agricultural land. It shall also quantify the impacts, where possible, in terms of frequency and duration of activities to determine the impacts. As part of this evaluation, the CAMS shall consider the likely future uses determined in subsection (a)(4)A.(i) of this section. The buffering mechanisms that are proposed shall be sufficient to accommodate these potential future uses. The current financial viability of a particular crop will not be considered an important limiting factor in determining potential future use.
iv. Propose a set of buffering measures that will achieve acceptable buffering outcomes, which may include, but are not limited to, the siting of residences, size and geometry of lots, separation distances, communal open space, vegetation, natural landscape features, acoustic features, and so forth.
v. Propose the means by which the proposed buffering measures will be monitored and maintained. This includes responsibility for implementing and maintaining specific features of the buffer areas to ensure continued effectiveness. Acknowledgment of the authority responsible for ensuring compliance with any agreement will be plainly cited.
vi. Establish a timeline for the development that establishes when the buffer will be installed.
(5) Any approval of a deviation does not create a precedent for any subsequent requests for deviations from the standards of this section.
(Ord. 20-2018. Passed 6-19-18.)
APPENDIX I - LIST OF ACCEPTABLE TREES
URBAN TREES FOR CENTRAL OHIO
Lisa M. Bowers Regional Urban Forester ODNR - Ohio Division of Forestry
SIZES AND DESCRIPTIONS MAY VARY DEPENDING ON SITE PLACEMENT! ***Trees listed below are generally acceptable for planting throughout a site.***
However, not all trees listed below may be suitable as street trees.
Alternatives to those listed below may be acceptable pending recommendation by a Landscape Architect licensed in the State of Ohio or similar professional, as well as review by the Johnstown Planning Commission.
SMALL TREES - Mature height under 30', suitable under utility wires Adams
Crabapple - Malus 'Adams'
Height: 25'; habit - dense rounded; fall color - orange-red; fruit - red, persistent.
Adirondack Crabapple - Malus 'Adirondack'
Height: 10'; habit - V shaped upright; fruit - orange-red persistent; flowers - red buds, white flowers with red tinge.
Centurion Crabapple - Malus 'Centurion'
Height: 20' - 25'; fruit - cherry-red 1/2"; habit - upright; fall foliage: green; flowers - rose-red.
Excalibur Crabapple - Malus 'Excalibur'
Height: 8'; fruit - tiny golden yellow; habit - upright dwarf; flowers - red buds open to white.
Harvest Gold Crabapple - Malus 'Harvest Gold'
Height: 20' - 25'; fruit - golden, 1/2"; habit - upright; flowers - white; fruit persists into spring.
Madonna Crabapple - Malus 'Madonna'
Height: 16' - 20'; fruit - red; habit - compact, upright; flowers - white, double.
Prairifire Crabapple - Malus 'Prairifire'
Height: 20'; habit - upright spreading, foliage - reddish-green and yellow in the fall; flowers - coral red; fruit - dark red.
Red Jewel Crabapple - Malus 'Red Jewel'
Height: 15'; habit- mounded spreading form; fruit - cherry red 1/2" persist to April, foliage - excellent dark green; flowers - white.
Corneliancherry Dogwood - Cornus mas
Height: 20' - 30'; habit- rounded; flowers- yellow, March.
Thornless Cockspur Hawthorn - Crataegus crusgalli
Height: 15'- 20'; habit - globose , dense branches; flowers - white in clusters; fruit - 1/2" red persistent, used for wildlife; foliage gray green, purple/red in fall.
Winter King Green Hawthorn - Crataegus viridis 'Winter King'
Height: 20' - 25'; habit - rounded, fall color - purple to red; flowers - white cluster; fruit - red and persisting.
Lavalle Hawthorn - Crataegus x lavallei
Height: 15' - 30', habit - oval to round; flowers - white clusters; fall color - bronzy to coppery red; fruit - red that persist into the winter.
Ohio Pioneer Dotted Hawthorn - Crataegus punctata var. inermis 'Ohio Pioneer'
Height: 20' - 25'; fruit; dark brick-red; habit - rounded; fall foliage - grayish/green; flowers - white clusters; thornless.
Vaughn Hawthorn - Crateagus phaenopyrum x Crateagus crusgalli 'Vaughn'
Height: 15' - 20'; fruit - glossy, orange-red, 3/8"; habit - rounded; fall foliage - grayish-green; flowers - white.
Washington Hawthorn - Crataegus phaenopyrum
Height: 25' - 30'; fruit - bright glossy red; shape - oval rounded; fall foliage - orange to scarlet to purplish, thorns.
Ivory Silk Tree Lilac - Syringa reticulata 'Ivory Silk'
Height: 20' - 30'; shape - rounded; fruit - clusters of capsules; fall foliage - green; flowers - 6-10" white panicles; attractive flowers in early July, flowers at a young age.
Amur Maackia - Maackia amurensis
Height: 20' - 30', shape- rounded, fruit - pod, flower - 4-6" white racemes June - July.
Amur Maple - Acer ginnala
Height: 15' - 20'; shape - globose to ovate; foliage - green to red/orange in fall.
Paperbark Maple - Acer griseum
Height: 20' - 30'; shape - upright oval to rounded; fall color - russet red to red; exfoliating bark makes this tree interesting.
Tartarian Maple - Acer tataricum
Height: 15' - 20' sometimes 30'; shape - rounded; fall color - yellow, red to reddish brown.
Serviceberry species - Amelanchier species
Height: 25' - 30'; fruit - red, birds love them; shape - oval, upright; foliage - orange/red in fall; flowers - white clusters.
Red Bud - Cercis Canadensis
Height: 20' - 25'; flowers - dark pink, early before foliage, fruit - small pod; shape - irregular; fall color - sometimes yellow. 'Alba' white flower selection. Naturally grows as an understory tree, site carefully.
Blackhaw Viburnum - Viburnum prunifolium
Height: 12' - 15'; shape - rounded; flowers - white clusters in May; fruit - blueish black and eatable.
Nannyberry Viburnum - Viburnum lentago
Height: 18' possibly 30'; shape - upright, open; flowers - white clusters in May; fruit - blueish black, winter food for birds
MEDIUM TREES - Mature size being 30'-60'.
Black Alder - Alnus glutinosa
Height - 40' - 60'; shape - pyramidal when young then irregular; fruit - woody strobile; adaptable, does well in wet or dry sites, full sun or partial shade, nitrogen fixer.
Autumnalis Higan Cherry - Prunus subhirtella variety Autumnalis
Height: 20' - 40'; flowers - semi-double pink; habit - oval upright; Higan cherry are the most cold, heat and stress tolerant of the cherry group.
Jackii Crabapple - Malus 'Jackii'
Height: 30' - 40'; fruit - maroon 1/2"; shape - upright and rounded; foliage - glossy green, yellow in the fall.
Lacebark or Chinese Elm - Ulmus parvifolia
Height: 50'; fruit - whitish, winged 1/4"; shape - rounded; fall foliage - yellow to wine.
Goldenraintree - Koelreutaria paniculata
Height: 25' - 40'; shape - globose; flower - yellow June-July; foliage - blue/green leaflets, yellow in fall; fruit - bladder like papery green capsules turning brown.
American Hornbeam - Ostrya virginiana
Height: 30' - 40'; shape conical to globose with age; foliage - green, yellow in fall; flowers - catkins; fruit nutlets in bunches, Prefers some protection, understory tree.
European Hornbeam - Carpinus betulus
Height: 35'- 40'; shape - conical becoming ovate, wide spreading; foliage - green-yellow in fall; flowers - catkins with bracts; fruit - leafy cluster with nutlets.
Upright European Hornbeam - Carpinus betulus 'Fastigiata'
Height: 30' - 40'; shape - upright oval dense; fall color - yellowish. Grown for its dense upright habit.
Red Horsechestnut - Aesculus x carnea
Height- 30' - 40'; shape - round to broad-rounded; flowers- rose red 6-8" panicles. 'Briotii' - flowers deeper red and larger.
Crimean Linden - Tilia x euchlora
Height - 40' - 60' and half that in spread; fall color - possibly yellow-green.
Legend American Linden - Tilia americana 'Wendell'
Height: 50'; shape - broadly conical; foliage - dark green; flowers - pale yellow, attracts bees; fruit - 1/2" nutlets.
Littleleaf Linden - Tilia cordata
Height: 45' - 65'; fruit - tan globes 1/4"; shape - compact, pyramid; 'Corinthian', 'Greenspire',
'Glenleven'- cultivars.
Hedge Maple - Acer campestre
Height - 25' - 45'; shape - rounded; fall color - yellow; can tolerate alkaline soils.
'Queen Elizabeth'-cultivar Celebration Maple - Acer x freemanii 'Celebration'
Height: 45'; fruit - seedless; shape - upright, oval; fall foliage - orange-red; flowers - greenish-yellow.
Norwegian Sunset Maple - Acer truncatum x Acer platanoides 'Norwegian Sunset'
Height; 35' - 45'; fruit - winged, 1 1/2"; shape - upright oval; fall foliage - orange-red; flowers - greenish-yellow.
Pacific Sunset Maple - Acer truncatum x Acer platanoides 'Pacific Sunset'
Height: 30'- 40'; fruit - winged, 1 1/2"; shape - upright, rounded; fall foliage - red; flowers - greenish yellow.
Sawtooth Oak - Quercus acutissima
Height: 40'- 50'; fruit - acorn; shape - rounded.
Hardy Rubber Tree - Eucommia ulmoides
Height: 40' - 60'; rounded to broad spreading; foliage - green-yellow/green in fall; flower dioecious - not showy; fruit - 1 1/2" capsule; lustrous dark green foliage, slow grower.
LARGE TREES - Mature size being 60+ feet.
Baldcypress - Taxodium distichum
Height: 50' - 70'; habit - pyramidal; foliage - yellow-green in the spring, linear lanceolate, orange to pink to soft brown in the fall; a deciduous conifer that adapts well to wet or dry sites, landscape tree mostly, but also used as street trees.
River Birch - Betula nigra
Height: 40'- 70', habit - oval maturing to rounded; fall color - yellow and has handsome exfoliating bark.
Kentucky Coffeetree - Gymnocladus dioicus
Height: 55'- 75'; foliage - blue-green leaflets, yellow in fall; flowers - green or yellow-white clusters; fruit - 4" to 10" reddish brown pods on females.
American Elms - Improved - Ulmus americana: 'Valley Forge', 'Princeton', 'New Harmony'
Height: 60'- 80', medium to fast growing; shows tolerance to Dutch Elm disease.
Ginkgo (male only) - Ginkgo biloba
Height: 50'- 80'; shape - irregular; foliage - fan shaped yellow in fall; fruit - none on males; wide unless upright selection is chosen distinctive and historical interest. Male cultivars; 'Autumn Gold', 'Fairmont', 'Lakeview', 'Mayfield', 'Palo Alto', 'Princeton Sentry', 'Sinclair'
Honeylocust species (Thornless only) - Gleditsia triacanthos var. inermis
height: 40' - 70'; shape - ovate; foliage - green/yellow in fall; flowers - inconspicuous; fruit - long brown pods; lacy appearance, casts light shade easy to clean up in fall.
Horsechestnut - Aesculus hippocastanum
Height: 50'-75'+; shape - upright oval to rounded; flowers- yellowish 5-12" terminal panicles; foliage - early to leaf out, yellowish brown in fall; fruit - spiny dehiscent.
Silver Linden - Tilia tomentosa
Height: 50' - 70'; shape - conical to ovate; foliage - green with silver underside, yellow in the fall; flowers - yellowish-white, fragrant; fruit - 1/3" nutlet; attractive and tolerates heat and drought better than most lindens. 'Sterling' - cultivar
Cucumbertree Magnolia - Magnolia acuminate
Height: 50'- 80'; shape- broad rounded; flower- perfect, greenish yellow- May; native to Ohio.
Black Maple - Acer nigrum
Height: 60' - 75'; shape - ovate; fall color - yellow; flowers - yellow/green before leaves appear; fruit - 1" samara.
Sugar Maple species - Acer saccharum
Height: 60'- 75'+; fruit - winged, 1-1 3/4"; shape - oval to rounded; fall foliage - orange, red; flowers - yellow green. 'Commemoration', 'Green Mountain' - cultivars.
Bur Oak - Quercus macrocarpa
Height: 70' - 90'; shape - ovate; foliage - 5-8" fiddle shape rounded lobes, yellow brown in fall; flowers - inconspicuous; fruit acorns; durable wide range of soils, massive, more tolerant of city conditions than most Oaks.
Chinkapin Oak - Quercus muehlenbergii
Height: 50'- 70'+,; shape - open rounded crown,wide spreading with age, fall color- yellow to orangish brown; will grow in alkaline soils.
English Oak - Quercus robur
Height: 60' - 80'; shape ovate to globose; foliage 3- 5" lobes, brown in fall; flowers - inconspicuous; tolerant of drought and resistant to some limited root space, upright forms also available. 'Skymaster' - cultivar - height: 50' - 60'; shape - pyramidal; fall foliage - green.
Northern Red Oak - Quercus rubra
Height: 60' - 80'; fruit - acorn; shape - ovate, open; fall foliage - bright reddish, golden brown; flowers - inconspicuous.
Pin Oak - Quercus palustris
Height: 55' - 75'; shape - conical to ovate; foliage - 3 -6' lobes, bronze in fall; flowers - inconspicuous; fruit - acorns.
Scarlet Oak -Quercus coccinea
Height: 70' - 75' by 40' - 50' in width, fall color - scarlet to russet red. May develop chlorosis problems in certain sites.
Shingle Oak - Quercus imbricaria
Height: 40' - 60'; shape - conical to globose; foliage - 3' - 6" laurel like leaves, green, yellow/brown to russet red in fall; fruit acorns; attractive and tolerant to city conditions, leaves persist into winter and can be used for screening.
Shumard Oak - Quercus shumardi
Height: 60' - 80'; fruit - acorn; shape - broad, rounded; fall foliage - reddish-brown; flowers - inconspicuous.
Swamp White Oak - Quercus bicolor
Height: 60' - 80'; shape - ovate; foliage - 4" - 8" lobes, yellow brown in fall; flowers - inconspicuous.
Japanese Pagodatree - Sophora japonica
Height: 50' - 75'; shape - upright spreading; flowers - creamy white panicles July- August, fruit - pod, fall color - occasional yellow.
London Planetree - Platanus x acerifolia
Height: 70' - 100'; shape - pyraimidal in youth, open wide spreading with age; bark - olive green to creamy, exfoliating.
Dawn Redwood - Metasequois glyptostroboides
Height: 65' - 100'; shape - conical; foliage - deciduous needles, yellow to orange/brown in fall; flowers - inconspicuous; fruit - 1" pendulous cones.
Sweetgum - Liquidambar styraciflua
Height: 60' - 75'; fruit - horned balls, 1-1 1/2"; shape - pyramidal; fall foliage - green, yellow, scarlet and purple; star shaped leaves, best if planted in the spring.
Tuliptree - Liriodendron tulipifera
Height: 70' - 90', shape - oval-rounded; foliage- golden yellow to yellow in fall; flowers- tulip like- greenish yellow petal with orangish interior- beautiful flower.
Black Tupelo or Black Gum - Nyssa sylvatica
Height: 40' - 70'; shape conical; foliage - glossy dark green, yellow/orange and scarlet in fall; flowers - inconspicuous; fruit - 1/2" blue, eaten by birds and mammals.
1185.01 PURPOSE.
The purpose of this chapter is to establish regulations controlling the use of fences, hedges and walls whereby the lot owner in a residential, commercial or industrial district may have the privilege of privacy and landscape design within his own lot with due consideration to the environment of his neighbor, the appearance of the community and the safety of the public and the individual. (Ord. 20-2010. Passed 11-16-10.)
1185.02 SCOPE.
This chapter shall apply to all residential, commercial or industrial districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this chapter. (Ord. 20-2010. Passed 11-16-10.)
1185.03 DEFINITIONS.
(a) As used in this chapter:
(1) “Fence” means any structure composed of wood, iron, steel, shrubbery, hedges or other material erected in such a manner and position as to enclose or partially enclose all or any part of the premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose all or any part of any premises shall be included within the definition of the word "fence". Structures erected other than on lot lines or in close proximity to lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of the word "fence".
(2) "Privacy fence" means a fence made to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) closed to light or air. Permitted privacy fences are:
A. "Basket weave or woven fence" means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.
B. "Louver or ventilating fence" means a fence made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(3) "Ornamental fence" means a fence usually made of wood constructed for its beauty or decorative effect and, when viewed at right angles, having not less than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. Permitted ornamental fences are:
A. "Rail or split rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.
B. "Picket fence" means an open fence made of upright pales or slats.
C. "Wrought Iron" means an open fence made of metallic compounds formed of iron that has been beaten out or shaped by hammering rather than cast.
(4) "Chain link fence" means a fence usually made of metal consisting of loops or wire interconnected in a series of joined links.
(5) "Barbed wire fence" means a fence made with metal wire having sharp points or barbs along its length.
(Ord. 20-2010. Passed 11-16-10.)
1185.04 PERMITTED TYPES.
Fences shall be permitted in required yards as follows,
(a) Ornamental fences shall be permitted in public facilities and residential zoning districts.
(1) Front yards. Ornamental fences may be erected in front yards parallel to the building line to a height not exceeding three and one-half feet; provided however, that rail or split rail fences may be erected in front yards parallel to and on or approximately on the common property line but not nearer than one foot to the street right-of-way.
(2) Side and rear yards. Open ornamental fences may be erected in side and rear yards parallel to and on, or approximately on, the common property line to height of not more than five feet.
(b) Chain link fences shall be permitted in all zoning districts. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding four feet above the natural grade in residential zoning districts, six feet above the natural grade in commercial zoning districts, and eight feet above the natural grade in manufacturing zoning districts.
(c) Privacy fences shall be permitted in all zoning districts only in rear and side yards. Fences in residential districts shall be Privacy fences in a side yard and may extend no closer than 20 feet to the front corner of the primary structure. Such fences shall comply with the yard requirements of permitted accessory buildings and shall not exceed six feet in height above the natural grade.
(d) Shrubbery or hedges shall be permitted in public facilities and residential zoning districts provided they conform to the height and location requirements of this chapter.
(e) Fences are prohibited to extend further then the existing sidewalk. If no sidewalk exists, the fence must be set back far enough to allow the installation of a sidewalk. (See Chapter 901 Sidewalks)
(f) The Planning and Zoning Commission may permit other fences which are similar in character and design to one or more of the fences permitted herein.
(Ord. 20-2010. Passed 11-16-10.)
1185.05 RESTRICTIONS.
(a) Barbed wire or electrified fences are hereby prohibited.
(Ord. 20-2010. Passed 11-16-10.)
1185.06 CORNER OR THROUGH LOT.
Where a rear or side yard abuts a street, fences otherwise permitted in side or rear yards shall not extend into required yards, provided however, that this provision shall not prohibit permitted rail or split rail fences erected in such side or rear yards parallel to and not nearer than one foot to the side or rear property line, at a height not to exceed three and one-half feet above the natural grade. (Ord. 20-2010. Passed 11-16-10.)
1185.07 PERMIT AND APPEAL.
(a) Any fence which may be permitted shall require the issuance of a permit prior to its erection by the Zoning Inspector after an application for same has been approved.
(b) Should the Zoning Inspector fail or refuse to issue a permit after proper application has been made therefore, a person may appeal the failure or refusal to the Planning and Zoning Commission which has been established under Ohio R. C. 713.01. There is hereby delegated to the Planning and Zoning Commission under Ohio R. C. 713.11 the power to permit variances after hearing in accordance with the established rules and procedures of the Planning and Zoning Commission. The power to grant variances to this chapter shall include, but not be limited to, the authority to grant variances with respect to prohibited fences under Section 1185.05. The person seeking a variance and the Planning and Zoning Commission shall follow all rules and procedures currently enforced for granting variances to the application of the Village Zoning Ordinance, including no such variance shall be authorized unless a finding is made that all of the following facts and conditions exist:
(1) Exceptional and extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same district or vicinity.
(2) The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
(3) Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
(4) The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.
(Ord. 20-2010. Passed 11-16-10.)
1185.08 INSPECTION.
It shall be the duty of the property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Zoning Inspector issuing permits, and such fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that such fence is constructed in accordance with plans submitted for permit, provided however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined such fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein. (Ord. 20-2010. Passed 11-16-10.)
1185.09 FEE.
Anyone desiring to build a fence within the Village shall pay such fee as provided by Council. (Ord. 20-2010. Passed 11-16-10.)
1185.10 EASEMENTS.
A fence may be located within easements provided they do not prohibit the purpose of the easement. In any case where the fence is removed by the easement holder, the cost of replacing the fence will be borne by the property owner.
(Ord. 20-2010. Passed 11-16-10.)
1185.11 LANDSCAPING.
1185.12 MAINTENANCE.
Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times. Any such fences permitted on the property line shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.
(Ord. 08-11. Passed 6-7-11.)
1185.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 20-2010. Passed 11-16-10.)