Kelleys Island City Zoning Code

USE, HEIGHT

AND AREA REGULATIONS WITHIN ZONING DISTRICTS

§ 152.030 AG AGRICULTURAL ZONING DISTRICT.

(A) Purpose. This district is established to provide suitable areas for lower density single family residential land uses and harmonious agricultural activities and structures which are in keeping with a more rural character of the area.

(B) Permitted uses. In the AG Zoning District, the following uses are permitted:

(1) Single family residential dwellings;

(2) Agricultural activities including raising crops, vineyards, horse stables, orchards, commercial production of vegetables, and greenhouses;

(3) Animal and livestock raising including cows, goats, pigs, sheep or similar animals;

(4) Dairying;

(5) Golf courses;

(6) Schools;

(7) Nurseries, including the sale of plant materials;

(8) Cemeteries;

(9) Public recreation facilities;

(10) Home occupations (see § 152.014);

(11) Accessory uses such as private garages, swimming pools (see § 152.010(C)(7)), and accessory structures such as storage sheds and barns subject to division (D)(10) of this section for lots of less than one acre; and

(12) Any other use deemed to be similar in accordance with § 152.085.

(1) Bed and breakfast establishments (see § 152.015);

(2) Commercial grain storage;

(3) Slaughter houses and meat processing;

(4) Wineries;

(5) Farm markets and road-side stands;

(6) Nurseries, including the sale of plants;

(7) Churches; and

(8) Accessory uses and structures on an individual lot without a principal use or structure.

(D) Area regulations.

(1) Minimum lot area. One acre (43,560 square feet) for a single family dwelling.

(2) Minimum lot width at minimum building setback line. 150 feet.

(3) Minimum front yard depth. 75 feet from the edge of the street right-of-way (see § 152.010(C) for additional yard requirements).

(4) Minimum rear yard depth. 75 feet (see § 152.010(C) for additional yard and buffering requirements).

(5) Minimum side yard width of each side yard. 25 feet (see § 152.010(C) for additional yard and buffering requirements).

(6) Minimum living floor area per dwelling unit. A dwelling unit shall have not less than 960 square feet of gross floor area measured at the foundation. The minimum width of any one story dwelling unit shall be 27.5 feet and the minimum width of any two story dwelling unit shall be 24 feet.

(7) Height regulations. No building shall exceed 35 feet in height from average finish grade of yard to the highest portion of the structure, except for accessory structures including but not limited to radio towers, antennas, flag poles and chimneys. A more restrictive height limitation may be required if a property is located within the Environmental Protection Overlay District.

(8) Off-street parking. Off-street parking shall be provided in accordance with § 152.048 of this chapter.

(9) Signs. Signs advertising or displaying the name and activities of services of any non- residential use permitted herein shall not exceed 12 square feet in total sign area. Such signs shall be made of wood and shall be affixed to the principal structure in a place other than on the roof. Sign regulations pertaining to home occupations or bed and breakfast establishments are specified in §§ 152.014 and 152.015.

(10) Accessory structures. Accessory structures on parcels of land containing less than one acre shall not exceed 35 feet in height. No plumbing will be permitted to be installed in accessory structures except for utility tubs/sinks and floor drains approved by the Erie County General Health District. No toilets, lavatory sinks, bathtubs, showers, kitchen sinks, or laundry rooms will be permitted to be installed in accessory structures. No living areas will be permitted in any accessory structure.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1994-O-17, passed 7-14-94; Am. Ord. 1995-O-6, passed 2-18-95; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 2000-O-56, passed 10-12-00; Am. Ord. 2001-O-59, passed 11-8-01; Am. Ord. 2003-O-20, passed 11-8-03)

§ 152.031 R-1 LOW DENSITY SINGLE FAMILY RESIDENTIAL ZONING DISTRICT.

(A) Purpose. This district is established to provide suitable areas for new development of lower density one family residential land uses and other compatible activities in keeping with a lower density residential area.

(B) Permitted uses. In the R-1 Zoning District the following uses are permitted:

(1) Single family residential dwellings;

(2) Golf courses;

(3) Schools;

(4) Home occupations (see § 152.014);

(5) Accessory uses such as private garages, swimming pools (see § 152.010(C)(7)), and accessory structures such as storage sheds and barns;

(6) Any other use deemed to be similar in accordance with § 152.085.

(1) Bed and breakfast establishments (see § 152.015);

(2) Renting rooms;

(3) Cemeteries;

(4) Public recreation facilities;

(5) Private recreational facilities;

(6) Museums;

(7) Accessory uses and structures on an individual lot without a principal use or structure. However, such accessory uses and structures such as garages, storage barns and other similar buildings shall only be permitted on a 25,000 square foot lot, with an area set aside for two 40 x 30 foot septic system and a 960 foot house. All setback requirements must be met. See § 152.031(D)(10) for additional requirements on lots of less than one acre.

(D) Area regulations.

(1) Minimum lot area. 25,000 square feet.

(2) Minimum lot width at minimum building setback line. 100 feet.

(3) Minimum front yard depth. 50 feet from the edge of the street right-of-way (see § 152.010(C) for additional yard requirements).

(4) Minimum rear yard depth. 50 feet (see § 152.010(C) for additional yard and buffering requirements).

(5) Minimum side yard width of each side yard. 15 feet (see § 152.010(C) for additional yard and buffering requirements).

(8) Off-street parking. Off-street parking shall be provided in accordance with § 152.048 of this chapter.

(9) Signs. Signs advertising or displaying the name and activities of services of any non- residential use permitted herein shall not exceed ten square feet in total sign area. Such signs shall be made of wood and shall be affixed to the principal structure in a place other than on the roof. Sign regulations pertaining to home occupations or bed and breakfast establishments are specified in §§ 152.014 and 152.015.

(10) Accessory structures. Accessory structures on parcels of land containing less than one acre shall not exceed 35 feet in height. No plumbing, including, but not limited to, utility tubs/sinks, floor drains, toilets, lavatory sinks, bathtubs, showers, kitchen sinks, laundry rooms or living areas will be permitted in any accessory structure unless approved by the Erie County Board of Health.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-27, passed 10-21-93; Am. Ord. 1994-O-17, passed 7-14-94; Am. Ord. 1995-O-25, passed 11-10-94; Am. Ord. 1995-O-6, passed 2-18-95; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 2000-O-56, passed 10-12-00; Am. Ord. 2001-O-59, passed 11-8-01; Am. Ord. 2003-O-19, passed 11-8-03; Am. Ord. 2006-O-18, passed 8-10-06)

§ 152.032 R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL ZONING DISTRICT.

(A) Purpose. This district is established to provide for development of areas already platted for residential development, but to require appropriate density so as to protect the unique character and environment of the Island. This district is also intended to provide for compatible activities in keeping with a medium density residential area.

(B) Permitted uses. In the R-2 Zoning District, the following uses are permitted:

(1) Single family residential dwellings;

(2) Schools;

(3) Accessory uses such as private garages, swimming pools (see § 152.010(C)(7)), and accessory structures such as storage sheds and barns; and

(4) Any other use deemed to be similar in accordance with § 152.085.

(1) Cemeteries;

(2) Public recreational facilities;

(3) Private recreational facilities (excluding recreational vehicle parks or recreation camps);

(4) Bed and breakfast establishments (see § 152.015);

(5) Renting rooms;

(6) Home occupations (see § 152.014);

(7) Golf courses;

(8) Museums; and

(9) Accessory uses and structures on an individual lot without a principal use or structure. However, such accessory uses and structures such as garages, storage barns and other similar buildings shall only be permitted on a 22,000 square foot lot, with an area set aside for two 40 x 30 foot septic system and a 960 foot house. All setback requirements must be met. See § 152.032(D)(10) for additional requirements on lots of less than one acre.

(D) Area regulations.

(1) Minimum lot area. 15,000 square feet.

(2) Minimum lot width at minimum building setback line. 100 feet.

(3) Minimum front yard depth. 35 feet from the edge of the street right-of-way (see § 152.010(C) for additional yard requirements).

(4) Minimum rear yard depth. 25 feet (see § 152.010(C) for additional yard and buffering requirements).

(5) Minimum side yard width of each side yard. 10 feet (see § 152.010(C) for additional yard and buffering requirements).

(8) Off-street parking. Off-street parking shall be provided in accordance with § 152.048 of this chapter.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-27, passed 10-21-93; Am. Ord. 1994-O-17, passed 7-14-94; Am. Ord. 1994-O-25, passed 11-10-94; Am. Ord. 1995-O-6, passed 2-18-95; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1997-O-2, passed 1-11-97; Am. Ord. 2000-O-56, passed 10-12-00; Am. Ord. 2001-O-59, passed 11-8-01; Am. Ord. 2003-O-21, passed 11-8-03; Am. Ord. 2006-O-17, passed 8-10-06)

§ 152.033 R-3 HIGH DENSITY RESIDENCE DISTRICT.

(A) Purpose. A High Density Residence District and its regulations are established in order to achieve, among others, the following purposes:

(1) To regulate bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;

(2) To regulate density and distribution or population in accordance with a plan to avoid congestion and to maintain adequate services; and

(3) To protect the desirable characteristics of both existing and planned residential development, to maintain stability; and

(4) To promote for public benefit the most desirable and beneficial use of the land without precluding a diverse approach to development consistent with the objectives of an evolving population.

(B) Development plans. Preliminary and final development plans shall be required for all proposed development in a High Density Residence District.

(1) Preliminary plan requirements. All preliminary plans shall include the following:

(a) Drawing. A drawing of the property showing boundaries and topography and showing the land owned and proposed for development, as well as describing any historic features and prior uses.

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

(c) Streets. The proposed pattern of vehicular circulation, including estimated traffic volumes, service access and relationship to existing streets.

(d) Utilities. Evidence of adequacy of all required utilities and services.

(e) Parking. A parking area site plan as described in § 152.016 shall be provided (the review process is incorporated into this overall development plan review process).

(f) Miscellaneous. Other site improvement, including general drainage improvements.

(2) Presentation of preliminary plans. Presentation of preliminary plans shall be made to the Planning Commission. A non-returnable application fee (as provided for in § 152.066) shall accompany an application to the Planning Commission. The Planning Commission shall submit plans to the appropriate departments within the village for their comments (e.g., Fire, Police and Board of Public Affairs).

(3) Approval of preliminary plans. The Planning Commission shall act upon any preliminary plan submitted within 45 days from the date of submittal of all required information. If the preliminary plans are not acceptable to the Planning Commission, based on the requirements and intent of this section, a revised preliminary plan may be presented. If the preliminary or revised preliminary plans are acceptable to the Planning Commission with slight modifications, final plans, including such modification, may be submitted.

(4) Final development plan requirements. All final development plans shall include the following:

(a) Site plan. All items submitted for preliminary, with modifications as requested.

(b) Utilities plan. Detailed drawings of all required utilities, including water, sewers and underground electric and telephone systems.

(d) Landscape plan. Landscaping, buffers, drainage and grading.

(e) Miscellaneous. Construction schedule and disposition program and any other information specifically required by the Planning Commission.

(5) Presentation of final development plans. Presentation of final development plans shall be made to the Planning Commission. The Planning Commission shall submit plans to the appropriate departments within the village, e.g., Fire, Police, Board of Public Affairs. If the proposed development is to be constructed in two or more phases, final plans shall be submitted separately for each phase.

(6) Approval of final development plans. The Planning Commission shall act upon any final plan submitted within 45 days from the date of submittal of all required information. If final plans are not acceptable to the Planning Commission, based upon the requirements and intent of this section, revised final plans may be presented. Only when final or revised final plans are acceptable to the Planning Commission without modification, shall final approval be given.

(7) Modification of final development plans. Final development plans which have been approved pursuant to division (6) above, may, upon written application and subject to the provisions of R.C. Chapter 5311, be modified as follows:

(a) Minor modifications may be permitted upon application to the Planning Commission supplemented by appropriate plans describing said modification. Minor modifications shall be deemed as those modifications to the final development plans which deal with matters which do not significantly alter the overall project, such as: landscaping, minor changes in the location and placement of structures within the restrictions of this chapter, and small variations in the size of common or private areas. All other modifications shall be deemed major modifications.

(b) Major modifications may be permitted only through resubmittal of a final development plan.

(1) Attached residences including two and three family dwellings, townhomes, four-plexes and other multiple dwellings having separate private entrances;

(2) Churches;

(3) Cemeteries;

(4) Schools;

(5) Golf courses;

(6) Accessory uses such as private garages, swimming pools (see § 152.010(C)(7)) and accessory structures such as storage sheds and barns; and

(7) Any other use deemed to be similar in accordance with § 152.085.

(D) Conditional uses. The following uses may be approved by the Planning Commission in accordance with § 152.086:

(1) Nursing or convalescent homes;

(2) Funeral homes;

(3) Hospitals or clinics;

(4) Office buildings for professional occupations such as physicians, dentists, attorneys, architects, and insurance agents;

(5) Social and community center buildings;

(6) Accessory uses and structures on an individual lot without a principal use or structure. However, such accessory uses and structures such as garages, storage barns and other similar buildings shall only be permitted on a 22,000 square foot lot with an area set aside for two 40 x 30 foot septic systems and a 960 square foot house. Setback requirements must be met.

(E) Accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted on a lot in the R-3 District:

(1) Automobile storage facilities including enclosed garages;

(2) Recreation facilities, such as swimming pools, sauna baths and tennis courts, for the exclusive use of residents and their guests;

(3) Landscape features including gardens, fountains, sidewalks, lawns, patios, decorative walls and fences;

(4) Master radio and television antenna, air conditioning and ventilation equipment and necessary utility equipment as permitted under this chapter. However, this does not include telecommunication facilities which are required to be located in the telecommunications facilities overlay district; and

(5) Any building, structure or use customarily accessory or incidental to a permitted use.

(F) Area and height regulations. Land and buildings in the High Density Residence District shall be designed, erected, altered, moved or maintained in such district in accordance with the following:

(1) Development area. The minimum development site in an Attached Residence District shall be five acres.

(2) Density. The density of development shall not exceed six dwelling units per acre.

(3) Height of buildings. Attached residences shall exceed neither 2½ stories nor 35 feet in height as measured from average finish grade of yard to the highest portion of the structure. A greater height limitation may be required if a property is within the Environmental Protection Overlay District.

(4) Attached residences per building. Eight dwelling units, or a lesser number, may be attached one to another by common or adjoining walls and shall be regarded as constituting a single building (but not as a single dwelling unit). All measurements of residences so attached shall be made as a single building. No building shall exceed 240 feet in length. Fire walls shall be at state standards.

(5) Gross floor area of dwelling units. Schedule as follows:

Dwelling Unit	Minimum Area (Sq. Ft.)
Two bedroom unit	1,000
Three bedroom unit	1,200
Four bedroom unit	1,400

(6) Restrictions on units. One bedroom units are specifically not permitted. The total units shall be divided so that approximately one-third contains two bedrooms, one-third contains three bedrooms, and the remaining one-third may consist of the developer's choice of any mix of approved number of bedrooms. The minimum width of any one story unit shall be 27.5 feet measured at the foundation and the minimum width of any two story unit shall be 24 feet measured at the foundation.

(G) Yard and related requirements. In the R-3 Zoning District, the following yard and related requirements shall be observed:

(1) Frontage requirement. Frontage at each entrance to the development shall be at least 100 feet wide including a minimum buffer of 30 feet on each side of the paved access, except that frontage at pedestrian entrances need not exceed 50 feet in width including minimum buffers of 20 feet on each side of the walk.

(2) Building line setbacks. Placement and erection of all buildings shall be 50 feet from property line adjoining a dedicated street.

(3) Minimum yards. No building or structure may be placed or erected within 40 feet of any site boundary, except that when such boundary is a present or planned dedicated street, the 50 feet setback as set forth above shall apply.

(4) Distances between buildings. The minimum distance between any two adjacent buildings shall be determined by the relationships between their respective main walls according to the requirements of Diagram #1, where: B = the combined Base factor of two adjacent buildings = 40 feet; H = the combined Height factor = 5 feet per 10 feet of combined building height; L = the combined Length factor of two adjacent buildings = 1 foot per 10 feet of combined wall length.

Schedule 406 - 8(D) Minimum Distances Between Buildings
Where Main Walls of Adjacent Buildings:	Within Degrees of Parallel:	Minimum Requirement:
Overlap	0° - 30°	B + H + L
	30° - 60°	B + H + ½L
	60° - 120°	B + H
	120° - 150°	B + H + ½L
	150° - 180°	B + H + L
DO NOT Overlap	0° - 30°	½ (B + H)
	30° - 60°	¾ (B + H)
	60° - 120°	B + H
	120° - 150°	¾ (B + H)
	150° - 180°	½ (B + H)

(5) Distances from accessory uses to main building or boundaries. The minimum distances from any attached residence to parking areas, driveways, walks and recreational areas and to lot lines, as set forth below, are intended as desirable criteria and are to be applied in the site planning insofar as possible:

(a) Minimum distance (feet) from dwelling.

Accessory Use	Main Wall	End Wall	From Lot Lines
Surface garage	40	30*	20
Open parking area	20	20	20
Private drives	30	10	20
Walks (public use)	15	10	20
Recreation areas (active play)	40	30	40
* or attached to building.

(b) The minimum distances set forth in the above schedule are intended to be applied to the following:

1. The main wall, meaning any exterior wall containing the principal windows of a living, dining or sleeping room or rooms;

2. The end wall, meaning any exterior wall, other than a main wall, containing minor windows or a dining or sleeping room, or windows of a dining or sleeping room, or principal or minor windows of a kitchen or bathroom, or a blank surface;

3. Private drives at all locations except at the garage entrance or main entrance of the dwelling served;

4. Walks used by the public at all locations except at the entrance of the dwelling served; and

5. Recreation areas, meaning areas used for active play.

(6) Private areas. Each attached residence shall have no less than 48 square feet of enclosed, attached, storage area and shall have a private area of not less than 100 square feet at an entrance and differentiated as such by approved patios, screens, walls and painting.

(7) Projections of building features. A projection is that part or feature of a building which extends outside of the enclosing walls and makes the enclosed space more usable. It is intended that certain features may project into required yards, but they shall be regulated as herein set forth so that they will not substantially interfere with the reception of sun, light and air on adjacent lots.

(8) Types of projecting features. The following definitions shall apply to the terms in this section:

(a) ARCHITECTURAL FEATURE. A belt course, balcony, bay window, cornice, chimney, solid overhang, or shading device.

(b) ENTRANCE FEATURES. A platform, landing, steps, terrace or other features not extending above the level of the floor of the first floor level of a building.

(d) SHELTERS, ENCLOSED. An enclosed entry or porch.

(e) SHELTERS, UNENCLOSED. An entrance hood or open but roofed porch.

(c) PROJECTIONS LIMITATIONS. Building features may project into required front and side yards of a dwelling, but shall not project more than set forth in the following schedule:

Projecting Feature	Maximum Projection into Required Front or Side Yard (Ft.)
Architectural	4
Entrance	5
Shelters, enclosed	None
Shelters, unenclosed	4

(H) Parking requirements. The parking of automobiles and other motor vehicles on private or public streets within an R-3 District is prohibited. All proposed parking areas shall be screened from adjoining streets and properties by the planting of shrubbery or the construction of a decorative fence or wall. Parking areas shall be permitted at convenient locations throughout the development except that:

(1) No parking area or access drives shall be constructed within 20 feet of any attached residence building.

(2) No parking area shall be closer than 20 feet from the side or rear property line abutting a street.

(3) Landscaped islands and planting areas shall be designed so that no more than eight parking spaces shall be contiguous.

(4) Off-street parking shall be provided in the High Density Residence District so as to provide two spaces per unit.

(5) In view of the desire to preserve natural open space within the development, off-street parking shall not exceed minimum requirements pursuant to § 152.048 by more than 20%.

(I) Street and access requirements. All proposed streets and access within the R-3 District shall be in accord with an approved overall plan conducive to the safe and efficient access and circulation of automobiles and safety and service vehicles. All vehicular pavement in a High Density Residence District shall be constructed in accordance with the standards established by the village in the Subdivision Regulations, contained in Chapter 151 of this code. Circulation and access shall be designed according to the following criteria:

(1) Dedicated streets. No dedicated street shall extend more than 1,200 feet without juncture with another dedicated street.

(2) Dedicated cul-de-sacs. Dedicated cul-de-sacs shall not exceed 600 feet in length or provide direct or indirect access to more than 30 units.

(3) Private drives. Private drives shall be no more than 1200 feet in length and provide direct or indirect access to no more than 60 units.

(4) Private cul-de-sacs. Non-dedicated cul-de-sacs and court arrangements shall not extend more than 1200 feet from a dedicated right-of-way nor provide direct or indirect access to more than 60 units.

(5) Walkway system. A comprehensive walkway system adequately separated from vehicular circulation shall be provided.

(J) Open space requirements. Open space as used in this division means that portion of the total acreage not devoted to buildings and pavement. Open space includes the spaces between buildings, required yards and setbacks, landscaped buffers and lawn areas, tennis courts, swimming pool or other recreational improvements. No less than 60% of the total acreage shall be devoted to open space.

(K) Landscape planting and design. All development within an R-3 District shall be landscaped according to a landscape plan accepted as part of the Final Development Plan. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances. Natural wooded areas shall be preserved wherever possible.

(L) Other site improvements. In a High Density Residence District the following other site improvements shall be required:

(1) Water supply. An adequate source of potable water shall be brought to the High Density Residence District and must be approved by the village and the Erie County Health Department.

(2) Sewer system. The developer shall at his or her sole expense construct a sanitary sewage system meeting all requirements of the village as well as the Ohio EPA and other relevant authorities.

(3) Electric and telephone systems. Plans and specifications must be approved by the appropriate utilities serving this area.

(4) Fire protection. Plans and specifications must be approved by the Fire Department.

(M) Maintenance and use of public and common areas.

(1) As a condition to approval of a proposed development under provisions of this section, plans for the care, maintenance, use and disposition of all public and common area, if any, shall be approved by the Village Planning Commission providing for:

(a) The public dedication and acceptance for maintenance by the village of property found by the Council to be of benefit to the general public; or

(b) The retention of property in common ownership of the individual owners through appropriate legal means with appropriate legal provisions to insure continuous maintenance and use for the purpose intended.

(2) All areas proposed for dedication to the village must be acceptable in size, shape, location and improvement and shown by the applicant to be of benefit to the general public. Title of all land dedicated to public use shall be unencumbered at the time of conveyance and all areas shall be improved by the applicant, as required by the Village Planning Commission, including all utilities, public walkways and streets through or abutting the property.

(3) For all areas proposed for common ownership by the residents, all rights of development other than for the use specified in the approved final development plan shall be subject to approval of the village. However, each proposal for such use, including parking areas, private access areas, private parks and recreational facilities, and common service facilities shall be accompanied by appropriate legal documents which provide for the management and maintenance of common facilities. Legal instruments providing for dedications, covenants, home associations and subdivision controls shall:

(a) Place title of common property in a form of common ownership by the owners and/or residents of the area, e.g., a duly constituted and legally responsible home association, or cooperative.

(b) Appropriately limit the use of common property.

(c) Place responsibility for management and maintenance of common property. Village Council, at its discretion may require the applicant to obtain village services, for maintenance of commonly held properties where the public health, safety and/or welfare may require.

(d) Place responsibility for enforcement of covenants.

(e) Permit the subjection of each lot to assessment for its proportionate share of maintenance costs.

(4) All common property shall be fully improved by the applicant, as required by the Council, including all utilities, public walkways and streets through or abutting the property. The use, condition and maintenance of all common properties shall comply with village ordinances and existing regulations in all respects.

(N) Solid waste disposal. Arrangements for the performance of rubbish and garbage collection and removal shall be set forth in writing and subject to Planning Commission approval. Any subsequent modification of said arrangements shall be presented to the Planning Commission for review.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-28, passed 10-21-93; Am. Ord. 1995-O-6, passed 2-18-95; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 2001-O-56, passed 10-16-01; Am. Ord. 2001-O-59, passed 11-8-01)

§ 152.034 PR PARK AND RECREATION DISTRICT.

(A) Purpose. This district is established to provide for various types of park and recreation facilities in appropriate locations and with related activities and land uses.

(B) Permitted uses. In the PR Zoning District, the following uses are permitted:

(1) Recreational vehicle parks or recreation camps;

(2) Public park and recreation facilities;

(3) Parking facilities;

(4) Nature preserves, hiking trails, wildlife areas;

(5) Ball fields, swimming pools, horseback riding;

(6) Public boat launches and anchoring places; and

(7) Any other use deemed to be similar in accordance with § 152.085.

(1) Laundry facilities;

(2) Museums;

(3) Accessory uses and structures on an individual lot without a principal use or structure.

(D) Area regulations.

(1) Minimum front yards depth. 50 feet from the edge of the street right-of-way (see § 152.010(C) for additional yard requirements).

(2) Minimum side yard depth. 10 feet (see § 152.010(C) for additional yard and buffering requirements).

(3) Minimum rear yard depth. 10 feet (see § 152.010(C) for additional yard and buffering requirements).

(4) Height regulations. No building shall exceed 35 feet, except for accessory structures including, but not limited to radio towers, antennas, flag poles, and chimneys. A greater height limitation may be required if a property is within the Environmental Protection Overlay District.

(E) Sign regulations.

(1) Maximum sign area. Within the PR Zoning District, the maximum total sign area permitted for any one establishment shall be 45 square feet. Section 152.011(E) describes provisions for additional sign area.

(2) Maximum number and location of signs. Establishments are permitted to have up to two signs which may include wall signs, roof signs, and free standing signs.

(a) Window signs. An establishment may have window signs in addition to those signs permitted above, provided however, that the maximum area does not exceed 12 square feet total area.

(b) Sign illumination and materials. No free standing, roof or wall sign may be illuminated from a light source within the sign itself. All external light sources shall be designed so as to illuminate only the sign itself and shall not shine on any adjacent property. No sign may be made out of plastic materials.

(F) Parking requirements. All parking and loading requirements in § 152.048 apply to any change of use of an existing structure and any new construction, along with the requirements of § 152.016.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-27, passed 10-21-93)

§ 152.035 C-1 (T) CENTRAL BUSINESS TRANSITIONAL DISTRICT.

(A) Purpose. This district is established because the village had observed that there is pressure for an outward expansion of the Central Business District into adjacent residential areas. This trend is considered to be generally positive, but concern exists over increasing land use conflicts between commercial and residential property. In order to accommodate this expansion, and minimize impacts on adjacent property, this C-1 (T) Central Business transitional district is established to provide a means to help ensure that expansion of the Central Business District will occur in a more orderly and controlled fashion and with minimal negative impacts and consequences to adjacent residential property.

(B) Permitted uses. In the C-1 (T) Zoning District, the following uses are permitted:

(1) Single family dwellings;

(2) Bed and breakfast establishments (see § 152.015);

(3) Home occupations (see § 152.014); and

(4) Schools.

(1) Jewelry and gift stores;

(2) Restaurants;

(3) Souvenir sales;

(4) Professional offices;

(5) Service businesses, such as barber and beauty shops;

(6) Florists;

(7) Any other use deemed to be similar in accordance with § 152.085; and

(8) Accessory uses and structures on an individual lot without a principal use or structure.

(D) Residential area regulations. Area regulations for single family dwellings: Minimum lot area, lot width, front and rear yard depths, minimum floor areas and height regulations shall be the same as those found in the R-2 Zoning District.

(E) Commercial area regulations.

(1) Minimum front yard depth. 25 feet from the edge of the street right-of-way.

(2) Minimum side yard depth. If the lot adjoining a particular side yard is vacant, then the side yard shall be six feet. If the lot adjoining a particular side yard is built upon and such structure is constructed on the property line, then the side set back shall be 12 feet.

(3) Minimum rear yard depth. 10 feet.

(4) Height regulations. No building shall exceed 35 feet in height from average finish yard grade to the highest portion of the structure, except for accessory structures including but not limited to radio towers, antennas, flag poles and chimneys. A more restrictive height limitation may be required if a property is within the Environmental Protection Overlay District.

(F) Sign regulations.

(1) Maximum sign area. Within the C-1 (T) Zoning District, the maximum total sign area permitted for any one business shall be 45 square feet. No any one sign shall be more than 15 square feet of total sign area. Section 152.011(E) describes provisions for additional sign area.

(2) Maximum number and location of signs.

(a) Businesses are permitted to have up to three signs which may include wall signs, roof signs, and free standing signs. Under no circumstances shall signs project into the public right-of-way, nor shall any sign be located above the roof.

(b) Window signs. A business may have window signs in addition to those signs permitted above, provided however, that the maximum area does not exceed 12 square feet to total area.

(3) Sign illumination and materials. No free standing, roof or wall sign may be illuminated from a light source within the sign itself. All external light sources shall be designed so as to illuminate only the sign itself and shall not shine on any adjacent property. No sign may be made of plastic.

(G) Parking requirements. The C-1 (T) Central Business Transitional District is intended to apply to the areas surrounding the downtown area of Kelleys Island, where it may not be feasible to provide off- street parking for existing buildings. As such, the parking and loading requirements in § 152.048 shall not apply when the use changes within an existing building. Any new construction, however, which takes place, shall provide for off-street parking (in accordance with site plan review requirements of § 152.016) and loading in the rear of the building as required in §§ 152.060 through 152.067, in a manner consistent with the historic and architectural character of this area, as determined by the village Design Review Board in accordance with the provisions of § 152.042. Parking and loading shall not be located within the required front yard.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1996-O-2, passed 3-9-96)

Cross-reference:

R-2 Residential Zoning District, residential area regulations, see § 152.032(D)

§ 152.036 C-1 CENTRAL BUSINESS OR MERCANTILE DISTRICT.

(A) Purpose. This district is established to provide for various retail sales activities, along with specific services and offices which not only serve the year-round and seasonal village population, but also support and attract tourist activity because of a unique and historic atmosphere. Typically, the uses permitted in this district are less automobile oriented and lend themselves more toward tourist activity, casual shopping, dining, and personal services.

(B) Permitted uses. In the C-1 Zoning District, the following uses are permitted:

(1) Jewelry and gift stores;

(2) Restaurants;

(3) Souvenir sales;

(4) Professional offices;

(5) Banks, savings or loan businesses;

(6) Service businesses, such as barber and beauty shops;

(7) Newspaper, printing or reproduction services;

(8) Florists;

(9) Shoe sales;

(10) Clothing and apparel shops;

(11) Antique sales;

(12) Private parking lots serving more than one property;

(13) Dry cleaning and laundry establishments;

(14) Hardware sales;

(15) Drug stores;

(16) Furniture stores;

(17) Grocery store; and

(18) Any other use deemed to be similar in accordance with § 152.085.

(1) Hotel;

(2) Motel, auto court;

(3) Single family residential dwellings;

(4) Accessory uses and structures on an individual lot without a principal use or structure.

(D) Area regulations.

(1) Minimum front yard depth. Twenty-five feet from the edge of the street right-of-way (see § 152.010(C) for additional yard requirements).

(3) Minimum rear yard depth. Ten feet (see § 152.010(C) for additional yard and buffering requirements).

(4) Height regulations. No building shall exceed 35 feet in height from average finish grade of yard to the highest portion of the structure, except for accessory structures including but not limited to radio towers, antennas, flag poles and chimneys. A more restrictive height limitation may be required if a property is within the Environmental Protection Overlay District.

(E) Sign regulations.

(1) Maximum sign area. Within the C-1 Zoning District, the maximum total sign area permitted for any one business shall be 45 square feet. No any one sign shall be more than 15 square feet of total sign area. Section 152.011(E) describes provisions for additional sign area.

(2) Maximum number and location of signs.

(a) Number and location. Businesses are permitted to have up to three signs which may include wall signs, roof signs, and free standing signs. Under no circumstances shall signs project into the public right-of-way, nor shall any sign be located above the roof.

(b) Window signs. A business may have window signs in addition to those signs permitted above, provided however, that the maximum area does not exceed 12 square feet to total area.

(F) Parking requirements. The C-1 Central Business Zone is intended to apply to the downtown area of the village, where it is not feasible to provide off-street parking for existing buildings. As such, the parking and loading requirements in § 152.048 shall not apply when the use changes within an existing building. Any new construction, however, which takes place, shall provide for off-street parking (in accordance with site plan review requirements of § 152.016) consistent with the historic and architectural character of this area, as determined by the Design Review Board in accordance with the provisions of § 152.042. Parking and loading shall not be located within the required front yard.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1994-O-25, passed 11-10-94; Am. Ord. 1996-O-2, passed 3-9-96)

§ 152.037 C-2 (T) TRANSITIONAL GENERAL COMMERCIAL.

(A) Purpose. Like the C-1(T) Zoning District, the C-2(T) district is established because the village had observed that there is pressure for an outward expansion of the general business district into adjacent residential areas. This trend is considered to be generally positive, but concern exists over increasing land use conflicts between commercial and residential property. There are areas in the village where expansion of general commercial activities into adjacent residential areas is likely and desirable provided that conversion of residential structures and new commercial construction occurs with minimal impact to any adjacent residential property. Therefore, in order to accommodate this expansion, and minimize impacts on adjacent residential property, this C-2(T) General Commercial Transitional District is established to provide a means to help ensure that expansion of the General Commercial District will occur in a more orderly and controlled fashion and with minimal negative impacts and consequences to adjacent residential property.

(B) Permitted uses. In the C-2 (T) Zoning District, the following uses are permitted:

(1) Single family dwellings;

(2) Bed and breakfast establishments (see § 152.015);

(3) Home occupations (see § 152.014);

(4) Schools; and

(5) Any other use deemed to be similar in accordance with § 152.085.

(1) All uses listed as conditionally permitted in C-1(T);

(2) Hotels and motels;

(3) Furniture sales;

(4) General retail sales of goods produced off the premises;

(5) Department stores;

(6) Automotive and boat sales and repair;

(7) Mini-storage facilities;

(8) Gas/service stations, including the storage of no more than three motor vehicles;

(9) Convalescent homes and day care facilities;

(10) Parking Lots serving more than one property;

(11) Hospitals;

(12) Self-operating auto washes;

(13) Wholesale business or warehousing, when no processing, fabrication, or assembly is involved, and when conducted within a building;

(14) Boat and recreational vehicle sales and storage;

(15) Miniature golf;

(16) Bowling alleys;

(17) Sales and display of manufactured homes, industrialized units, recreation vehicles, and portable camping units;

(18) Lumber yards, and building materials sales;

(19) Construction storage of machinery, equipment and material;

(20) Food processing facilities including fish cleaning;

(21) Private clubs;

(23) Accessory uses and structures on an individual lot without a principal use or structure;

(24) Any other use deemed to be similar.

(E) Commercial area regulations.

(1) Minimum front yard depth. 50 feet from the edge of the street right-of-way.

(2) Minimum side yard depth. Except at set forth below, the minimum side yard depth shall be 10 feet.

(a) The minimum side yard setback in a C-2(T) District bordering a parcel of property zoned C-1 or C-2 shall be 25 feet.

(b) The minimum side yard setback in a C-2(T) District bordering a parcel of property zoned R-1, R-2 or R-3 shall be 25 feet.

(3) Minimum rear yard depth. 10 feet.

(4) Height regulations. No building shall exceed 35 feet in height from average finish grade of yard to the highest portion of the structure, except for accessory structures, including but not limited to radio towers, antennas, flag poles and chimneys. A more restrictive height limitation may be required if a property is within the Environmental Protection Overlay District.

(F) Sign regulations.

(1) Maximum sign area. Within the C-2 Zoning District, the maximum total sign area permitted for any one business shall be 45 square feet. No any one sign shall be more than 15 square feet of total sign area. Section 152.011(E) describes provisions for additional sign area.

(2) Maximum number and location of signs.

(a) Number. Businesses are permitted to have up to three signs which may include wall signs, roof signs, and free standing signs.

(b) Window signs. A business may have window signs in addition to those signs permitted above, provided however, that the maximum area does not exceed 12 square feet to total area.

(G) Parking requirements. Whenever a new commercial structure is built, or whenever an existing commercial structure changes use, parking and loading facilities shall be provided in accordance with § 152.048. Whenever a new parking area is proposed which involves five or more off-street parking spaces, the site plan review requirements of § 152.016 apply.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1997-O-3, passed 1-11-97; Am. Ord. 2000-O-55, passed 10-12-00; Am. Ord. 2001-O-19, passed 5-10-01)

Cross-reference:

R-2 Residential Zoning District, residential area regulations, see § 152.032(D)

§ 152.038 C-2 GENERAL COMMERCIAL.

(A) Purpose. This district is established principally to provide for most general forms of commercial activity serving local as well as tourist patrons.

(B) Permitted uses. In the C-2 Zoning District, the following uses are permitted:

(1) All uses permitted in C-1;

(2) Hotels and motels;

(3) Furniture sales;

(4) General retail sales of goods produced off the premises;

(5) Department stores;

(6) Automotive and boat sales and repair;

(7) Mini-storage facilities;

(8) Gas/service stations, including the storage of no more than three wrecked motor vehicles;

(9) Convalescent homes and day care facilities;

(10) Parking lots serving more than one property;

(11) Hospitals;

(12) Self-operating auto washes;

(13) Wholesale business or warehousing, when no processing, fabrication, or assembly is involved, and when conducted within a building;

(14) Boat and recreational vehicle sales and storage;

(15) Miniature golf;

(16) Bowling alleys;

(17) Bars and taverns;

(18) Private clubs;

(19) Sales and display of manufactured homes, industrialized units, recreation vehicles, and portable camping units; and

(20) Any other use deemed to be similar in accordance with § 152.085.

(1) Lumber yards, and building materials sales;

(2) Construction storage of machinery, equipment and material;

(3) Food processing facilities including fish cleaning;

(4) Single family residential dwellings;

(5) Accessory uses and structures on an individual lot without a principal use or structure.

(D) Area regulations.

(1) Minimum front yard depth. 50 feet from the edge of the street right-of-way (see § 152.010(C) for additional yard requirements).

(2) Minimum side yard depth.

(a) Except as set forth below, the minimum side yard depth shall be 10 feet. (see § 152.010 for additional yard and buffering requirements).

(b) The minimum side yard setback in a C-2 District bordering a parcel of property zoned P-R shall be 100 feet.

(3) Minimum rear yard depth. 10 feet (see § 152.010(C) for additional yard and buffering requirements).

(E) Sign regulations.

(2) Maximum number and location of signs.

(a) Businesses are permitted to have up to three signs which may include wall signs, roof signs, and free standing signs.

(b) Window signs. A business may have window signs in addition to those signs permitted above, provided however, that the maximum area does not exceed 12 square feet of total area.

(F) Parking requirements. Whenever a new commercial structure is built, or whenever an existing commercial structure changes use, parking and loading facilities shall be provided in accordance with § 152.048. Whenever a new parking area is proposed which involves five or more off-street parking spaces, the site plan review requirements of § 152.016 apply.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1994-O-25, passed 11-10-94; Am. Ord. 1996-O-2, passed 3-9-96)

§ 152.039 I MANUFACTURING, PROCESSING AND WHOLESALE DISTRICT.

(A) Purpose. This district is established to accommodate light industrial uses compatible with the characteristics of Kelleys Island.

(B) Permitted uses. In the I Zoning District, the following uses are permitted:

(1) The manufacture, compounding, processing, packing or treatment of such products as candy, cosmetics, wood products, drugs, perfumes, pharmaceutical, toiletries, and food products except the rendering or refining of fats and oils;

(2) Lumber yards for retail lumber sales;

(3) Warehousing and wholesaling;

(4) Research laboratories and offices;

(5) Newspaper and blueprinting establishments;

(6) Utility substations;

(7) All storage of petroleum products, chemicals and gas under pressure, as well as gasoline and fuel oil storage facilities shall be subject to inspection and approval of the State Fire Marshall's Office to be in compliance with the provisions of this chapter;

(8) Contractors' yards and storage facilities, provided however, that all equipment, tools and facilities shall be neatly arranged or stored or kept within a suitable building;

(9) Manufacture of clothing, leather goods, athletic equipment;

(10) Metal processing such as fabrication, stamping, extrusion, welding, finishing, polishing;

(11) Assembly of small products, such as: cameras, clocks, jewelry, cutlery, kitchen utensils; electrical appliances such as lighting fixtures, irons, fans, toasters, toys; electrical equipment such as home radio and television, movie equipment; small electrical supplies and electrical components; hand tools, dies, engineering, medical and musical instruments and similar small steel products;

(12) Plastic molding and extrusion; and

(13) Any other use deemed to be similar in accordance with § 152.085.

(C) Conditional uses. The following use may be approved by the Planning Commission in accordance with § 152.086 as set forth below:

(1) Storage of petroleum products, chemicals and gas under pressure, subject to the approval of any safety measure the Village Council and Fire Chief may require to insure the safety and protection of surrounding property. Such measures may include but are not limited to areas of open space and earth filled retaining walls surrounding storage area; and

(2) Micro-breweries or brew pubs with the following additional condition: micro-breweries or brew pubs shall not be located within 500 feet from the boundaries of a parcel of real estate having situated on it a school, church, library, public playground, or municipal park.

(D) Area regulations.

(1) Minimum front yard depth. 50 feet (see § 152.010(C) for additional yard requirements).

(2) Minimum rear yard depth. 25 feet (see § 152.010(C) for additional yard and buffering requirements).

(3) Minimum side yard depth. 25 feet (see § 152.010(C) for additional yard and buffering requirements).

(4) Height regulations. No building shall exceed 35 feet in height from average finish grade of yard to the highest portion of structure, except for accessory structures, including but not limited to radio towers, antennas, flag poles and chimneys. A more restrictive height limitation may be required if a property is within the Environmental Protection Overlay District.

(E) Industrial Performance Standards.

(1) Intent. It is the intent of these regulations to prevent land or buildings from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration, smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare or heat, liquid or solid refuse or wastes; condition conductive to the breeding of rodents or insects; or other substance, condition or elements (all referred to herein as “Dangerous or Objectionable Elements”) in a manner or amount as to adversely affect the surrounding area. All uses shall operate in conformance with the limitations set forth in each division below.

(2) Vibration. No vibration shall be produced which is transmitted through the ground and is discernable without the aid of instruments at or at any point beyond the lot line; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.

(3) Noise (per the State Health Department and the following).

(a) All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event, shall the sound-pressure level of noise radiated continuously from a facility at night-time exceed at the lot line the values given in Table I (set out hereafter) in any octave band of frequency. However, where the lot lines adjoin or lie within 25 feet of the boundary of a residential district the sound-pressure levels of noise radiated at night-time shall not exceed at the lot line the values given in Table II (set out hereafter) in any octave band of frequency. The sound-pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conforms to specifications published by the American Standards Association (American Standards Sound Level Meters of Noise and Other Sounds, Z24.3 -1944, American Standards Association, Inc., New York, N.Y., and American Standards Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards, Inc., New York, N.Y. shall be used.)

(b) Maximum permissible sound-pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.

TABLE I
Frequency Band Cycles Per Second	Sound Pressure Level Decibels re 0.0002 dyne/cm2
20 - 75	69
75 - 150	60
150 - 300	56
300 - 600	51
600 - 1,200	42
1,200 - 2,400	40
2,400 - 4,800	38
4,800 - 10,000	35

If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections is Table III below shall be added to or subtracted from each of the decibel levels given above in Table I.

(c) Maximum permissible sound-pressure levels at a lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m., where the lot line adjoins or lies within 25 feet of the boundary of a residential district:

TABLE II
Frequency Band Cycles Per Second	Sound Pressure Level Decibels re 0.0002 cyne/cm2
20 - 75	65
75 - 150	50
150 - 300	43
300 - 600	38
600 - 1,200	33
1,200 - 2,400	30
2,400 - 4,800	28
4,800 - 10,000	26

If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table III below shall be added to or subtracted from each of the decibel levels given above in Table II.

TABLE III
Type of Operations in Character of Noise	Correction in Decibel
Daytime operation only	plus 5
Noise source operates less than 20% of any one- hour period	plus 5*
Noise source operates less than 5% of any one- hour period	plus 10*
Noise source operates less than 1% of any one- hour period	plus 15*
Noise of impulsive character (hammering, etc.)	minus 5
Noise of period character (hum, speech, etc.)	minus 5
* Apply one of these corrections only.

(4) Air pollution (Per State EPA requirements and the following):

(a) Visible emissions. There shall not be discharged into the atmosphere from any source any air pollutant in excess of the darkness limitations listed below. This shall include emissions of air pollutant of such opacity as to obscure an observer's view to a degree equal to or greater than do the visible emissions described below. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. No. 1 on the Ringelmann Chart at all times, except upon demonstration that the emission contains less than one tenth pound of particulate matter per thousand pounds of dry gases, adjusted to 12% carbon dioxide or 50% excess air.

(b) Materials handling. No person shall cause or permit any materials to be handled, transported, or stored in a manner which allows or may allow particulate matter to become airborne.

(c) Particulate matter. There shall not be discharged into the atmosphere any particulate matter in excess of the quantities shown below:

1. From refuse-burning equipment, per 1,000 pounds of dry gases, adjusted to 12% CO2 or 50% excess air, 65/100 pound for capacities of 200 pounds per hour or less than 30/100 pound for capacities of over 200 pounds per hour. In any one hour period this shall not exceed 250 pounds. Refuse shall not be burned in fuel-burning equipment.

2. From fuel-burning equipment, 6/10 pound per million BTU input for installations using less than 10,000,000 BTU per hour total input. For installations using more than 10,000,000 BTU per hour total input, the allowable particulate emission, in pounds per million BTU, is determined by multiplying 8.58 times the input, in BTU per hour, raised to the minus 0.165 power (E = 8.58 1-165).

(d) Threshold value. There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit.

(5) Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped or so modified as to remove the odor.

(6) Fire and explosion. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and fire fighting devices in accordance with the Fire Prevention Codes.

(7) Radioactive materials. The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission (NRC) and the State of Ohio.

(8) Glare and heat. There shall be no direct or sky-reflected glare visible at the lot lines nor glare from lights or high temperature processes such as welding or combustion.

(9) Non-radioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the regulations of Erie County and/or the State.

(F) Prohibition of outside storage.

(1) All uses of land except as herein provided shall take place within a wholly enclosed structure, except that this shall not be construed to include the parking of motorized vehicles.

(2) An area of the lot may be used for the purpose of storing manufactured products and materials awaiting processing provided such area is completely enclosed by a solid fence with no apertures of a height equal to the height of the highest point of stored materials and products.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1998-O-53, passed 10-10-98)

Cross-reference:

Fire prevention regulations, see Chapter 91

§ 152.040 QUARRYING DISTRICT.

(A) Intent. This Quarrying District and regulations are established in order to achieve, among others, the following purposes:

(1) To provide Quarrying Districts in appropriate areas for the removal of natural resources;

(2) To protect adjacent residential areas by establishing yards and buffer areas at the boundaries; and

(3) To regulate the noise, vibration, dust, explosions and other objectionable influences so as not to endanger the health and safety of the surrounding neighborhoods.

(B) Permitted uses. In the Q Zoning District, the following uses are permitted:

(1) Mining, quarrying, excavating, processing, removal, and stockpiling of rock, sand, gravel, clay and soil for sale, resale, barter or gift;

(2) Accessory uses incidental to the main use, such as rock crushing plants, batching plants, mixing plants for either Portland Cement or asphaltic concrete, block or tile plants, equipment, storage building and other similar uses.

(3) A dwelling used exclusively by a caretaker or watchman; and

(4) Any other use deemed to be similar in accordance with § 152.085.

(C) Conditional uses. All uses permitted, or conditionally permitted within the I Manufacturing, Processing, and Wholesale District, except micro-breweries and/or brew pubs.

(D) Prohibited uses. All permitted uses in any other zoning district besides I Manufacturing, Processing, and Wholesale District. However, micro-breweries and/or brew pubs are prohibited in the Quarrying District as a permitted use, conditional use and/or similar use.

(E) Performance standards. All equipment used in the removal and production of rock and gravel shall be constructed, maintained, operated, and all blasting operations shall be performed in such a manner as to minimize noise, vibration, dust, or fragments of stone which are injurious or annoying to persons living in the vicinity.

(1) Fences. The boundary of the property or boundary of operations of a quarry shall be fenced. The fence shall be at least six feet high, No. nine wire, six inch mesh, agricultural fence with two barbs on angle brackets. Equivalent fences may be approved by the Zoning Inspector.

(2) Slope. All open pits shall have a slope which is no more steep than vertical without overhangs or excessive back-breaks.

(3) Subsequent use of pit. Whenever production on any property, or part thereof, is completed, the pits shall not be used for dumping of rubbish, unless so designated as a dumping area by the Village Council, and the Ohio EPA, and/or other governmental authority.

(4) Restricted hours of operation. Quarrying operations shall be limited between the hours of 6:00 a.m. and 8:00 p.m. except in emergencies (local time), but when a boat must be loaded it will be permissible to run the conveyor and necessary equipment for loading a boat at any time. All blasting shall take place between the hours of 9:00 a.m. and 6:00 p.m. Normal maintenance of equipment and facilities may be carried on at all times.

(5) Shock load machinery. No electrical shock load equipment shall be permitted. Shock load machinery shall be considered as those machines causing a 5% or greater fluctuation in the balance of the village electrical system.

(6) Bonds. To guarantee the restoration, rehabilitation, and reclamation of areas where mining has ceased, every new or expanded mining area shall provide a bond to the village in an amount of $25,000 plus $2,500 per acre for each acre over ten involved in the mining operation. Such bond shall guarantee that all work involved with the eventual restoration of the property will be done in a satisfactory manner, and all such restoration plans shall be approved by the village Planning Commission prior to the issuance of a permit.

(F) Yard regulations. Minimum front, side and rear yard depths: Every main or accessory building shall be set back at least 100 feet from any public road. (See § 152.010(C) for additional yard and buffering requirements). Production or quarrying of principle product or operation of accessory plants, shall not be permitted less than 100 feet from a residential district or public road right-of-way, excepting use of conveyor over/under road, or shall this buffer area be used for the stockpiling of stone or for the placement of roads to be used in the operation of the quarry, except with the permission of Planning Commission and Village Council.

(G) Permit for quarrying operations. No person, agency, corporation or partnership shall operate a quarry or mine stone in the village without first obtaining a zoning permit.

(H) Plans. The application shall be accompanied by plans, specifications and proposed format setting forth location, conditions, time of operation, number of people to be employed and other related matters as to the quarrying of work or operation that is to be carried on.

(I) Fees. A permit may be granted only after payment of a fee in accordance with § 152.066.

(J) Revocation of permit. A permit may be revoked if the permittee has failed to comply with the terms and conditions of this chapter or of the permit granted.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 2000-O-17, passed 3-9-00)

§ 152.041 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.

(A) Purpose. The purpose of the Planned Unit Development (PUD) is to achieve, to the greatest possible degree, land development which is responsive to the natural and environmental assets and liabilities of a given site. The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD also allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.

(B) General requirements. A PUD may be located in any area of the village where the applicant can demonstrate that a proposed development would meet the purpose of this section. The tract of land proposed to be developed as a PUD must be owned, leased, or controlled by one person or single entity, and must be at least ten continuous acres in size.

(C) Permitted and conditional uses. A developer may propose to include any mixture of land uses which are listed as being permitted or conditionally permitted in any zoning district (except for Industrial and Quarrying), with the following limitations: The proposed location of commercial uses shall not have an adverse impact upon adjacent property or the public health, safety, and morals. Not more than 35% of the gross acres in a proposed development may be devoted to commercial uses. Further, not more than 25% of the gross acres in a proposed development may be devoted to dwellings which are not detached single- family dwellings.

(D) Development standards. The following standards represent broad parameters under which all PUD developments must be designed:

(1) Central water and sewer facilities. All developments approved as a PUD must have central water facilities approved by the Ohio Environmental Protection Agency or be served by public water and sewer facilities.

(2) Clustering residential development and density. Clustering residential development is encouraged to provide required common open space. Overall, the area devoted to residential land uses shall have a maximum overall density of three dwelling units per acre of land (net acres, excluding roads). This overall density may however, be clustered in particular areas of the development to a level of up to ten dwelling units per net acre in any given area, provided however, that no less than 40% of the site is devoted to useful and desirable common open space established to provide recreational opportunities and to preserve unique environmental features on the site.

(3) Maximum impervious surface. For all areas proposed for residential uses in the development the amount of impervious surface proposed must not exceed 50% of the total developed residential area. For all areas proposed for commercial uses in the development, the amount of impervious surface proposed must not exceed 75% of the total commercial area. Impervious surfaces include but are not limited to, parking areas, loading areas, and roof tops.

(4) Development layout and design. Specific residential density as well as the development intensity of non-residential uses and the development design and layout shall be based on the applicant's ability to provide sufficient evidence to the Planning Commission and the Village Council that the overall development demonstrates excellence in design by properly considering: significant natural and historic features, topography, natural drainage patterns, roadway access and circulation, surrounding land uses, the enhancement of the general welfare of the public, and aesthetically desirable land development. Attractive landscaped buffers shall be provided between incompatible land use and activities.

(5) Front, side and rear setback standards for perimeter lots. All lots which are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those which would normally be specified in the applicable conventional zoning district for the particular land use.

(6) Common space. A minimum of 40% of the gross acres developed in the PUD shall be reserved for common open space for the residents of the area. This required amount of common space shall be established as open space forever and provisions shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance is subject to review and approval by the village. The Village Planning Commission and/or Village Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition forever (including such legal documents as deed restrictions, conservation easements, etc.).

(7) Front, side, and rear setback standards for interior lots. Within the PUD, the standards for setbacks shall be fully described in the proposed preliminary and final development plan submitted in accordance with the requirements of this section.

(8) Off-street parking and loading facilities. For all land uses located within the PUD, the parking and loading standards contained in § 152.048 shall be applied.

(E) General PUD approval procedure. The applicant for a PUD must submit both a preliminary plan and a final development plan. Property must also be rezoned to PUD and the decision to approve a final development plan and to rezone a property PUD are done concurrently. The final development plan, together with all conditions, stipulations, and requirements become the zoning requirements for that particular property. All development restrictions described in the final development plan and supporting documents become the official zoning requirements of the subject property.

(F) Preliminary development plan submission. The applicant shall submit ten copies of a proposed preliminary plan to the Zoning Inspector along with the required application fee. The proposed preliminary development plan shall include the following:

(1) Background information.

(a) Name, address and phone of the applicant;

(b) Name and address of the registered surveyor, engineer and/or landscape architect who prepared the plan;

(d) Description of the present use of the property;

(e) A statement of the conceptual overview of the development;

(f) A description of the proposed provision of utilities;

(g) A description of proposed ownership and maintenance of open spaces;

(h) A description of the expected timing of the development;

(i) A list of property owners within 500 feet of the proposed development; and

(j) An archeological survey of the property prepared by an appropriate professional;

(2) Plan drawing.

(a) A vicinity map;

(b) A table showing the gross acreage devoted to various uses;

(d) Conceptual drainage plan;

(e) Location of open spaces;

(f) Buffers between incompatible land uses;

(g) Proposed street layout;

(h) Existing buildings, and any existing potential underground storage tanks; and

(i) Overlay maps showing topography in two foot increments (derived from field survey or aerial photography), and soil types.

(3) Additional information and fees. The Village Planning Commission may require additional information such as maps, data, or reports including environmental impact studies. The applicant shall be responsible for all reasonable expenses incurred by the village in reviewing the preliminary and final development plans or any modifications thereof. Such expenses are in addition to the application fees established by Village Council and may include professional service fees such as legal fees and the fees for the services of other professionals such as geologists, landscape architects, planners, engineers, environmental scientists, or architects, incurred in connection with reviewing the plans and prepared reports.

(G) Preliminary plan review. Within 30 days following the submission of the required information, a public hearing shall be scheduled on the proposed plan. Notice of this hearing shall be published in a newspaper of general circulation at least 15 days prior to such hearing. Notice of this hearing shall also be sent to all property owners within 500 feet of the proposed development.

(H) Preliminary development plan review as a subdivision. Concurrently, with the PUD review procedure described herein, all PUD developments must also be reviewed as a subdivision pursuant to §§ 151.140 and 151.141 of the Subdivision Regulations. Where possible, reviews and hearings will be held concurrently in order to facilitate timely action on proposed developments. Whenever the requirements of this section conflict with requirements contained in the Subdivision Regulations, the stricter of the two shall apply.

(I) Criteria for approval of a preliminary development plan. Within 20 days following the public hearing referenced in division (H) above, the Village Planning Commission shall act to approve, disapprove or conditionally approve the preliminary plan in accordance with the following criteria:

(1) That the proposed development is in conformity with the goals and objectives of the Kelleys Island Port Master Plan, a copy of which is available for inspection at the Village Clerk's office;

(2) That the benefits, improved arrangement, and the design of the proposed development justify the deviation from standard development requirements included in this chapter;

(3) That the uses requested in the proposal are compatible with surrounding land uses;

(4) That there are adequate public services (e.g. utilities, fire protection, emergency service, etc.) available to serve the proposed development;

(5) That the proposed development will not create overcrowding or traffic hazards on existing roads or intersections;

(6) That the arrangement of land uses on the site properly consider topography, significant natural features, natural drainage patterns, views, and roadway access;

(7) That the clustering of development sites are shown to preserve any natural or historic features and provide usable common open space;

(8) That the proposed road circulation system is integrated and coordinated to include a hierarchical interconnection of interior roads as well as adequate outer-connection of interior collector streets with off-site road systems;

(9) That there are adequate buffers between incompatible land uses;

(10) That the Village Planning Commission is satisfied that the developer possesses the requisite financial resources to begin the project within the required one year and complete the project within three years or within the phasing schedule;

(J) Effect of approval of the preliminary development plan. The Planning Commission approval of a preliminary plan will be considered an approval of the preliminary development plan in principle only. Approval of the preliminary plan does not, therefore, approve any development on the site nor shall it be construed to absolutely endorse a precise location of uses, configuration of parcels, or engineering feasibility. Approval of the preliminary development plan is necessary however, before the applicant may submit a final development plan to the Planning Commission and Village Council for approval and rezoning to PUD.

(K) Final plan. The applicant shall submit ten copies of the proposed final plan to the Village Zoning Inspector along with the required application fee. The final plan shall include the following:

(1) All of the written information required for the preliminary plan application (see division (F) above) revised as necessary and:

(a) The specific description of permitted, conditionally permitted and

accessory uses to be allowed in each area of the development;

(b) A copy of proposed deed restrictions;

(2) In addition to the information provided on the preliminary plan, the final plan shall be drawn to scale (1" to 100') and include:

(a) A survey of the proposed development site, showing dimensions and bearings of the property lines; area in acres; topography; and existing features of the development site, including major wooded areas, streets, easements, utility lines, and land uses;

(b) The location and dimensions of all lots, setbacks, and building envelopes, as well as those of any primary and secondary leaching field envelopes;

(d) Landscaping plan for all buffers and other common areas;

(e) Architectural guidelines to apply throughout the development;

(f) The proposed names of all interior streets proposed for the development; and

(g) Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.

(L) Final plan and rezoning approval procedure process. The decision to rezone land to PUD and to approve the final plan are technically separate decisions. However, in order to provide for the efficient and timely processing of both the rezoning request and the request for final plan approval, all PUD final plan submittals are deemed to be an application for amendment to the Zoning Code in accordance with §§ 152.100 through 152.109. All procedures (Planning Commission review, public hearing, and final action by Council), therein shall be followed in considering an application for a rezoning of the land in question to PUD. Upon approval of such application to rezone the property in question to PUD, the zoning districts map of the village shall be amended to designate the project area as “PUD.” Thereafter, with the concurrent approval of the rezoning and final plan pursuant to the criteria stated in division (M) below, all development restrictions and conditions described in the final plan shall become official requirements of the PUD.

(M) Criteria of approval - final plan. The Planning Commission and the Village Council shall review the proposed final plan in accordance with the following criteria:

(1) That the proposed development is in conformity with the goals and objectives of the Kelleys Island Port Master Plan;

(2) That the proposed development advances the general health, safety and morals of the village;

(3) That the Planning Commission and Village Council are satisfied that the developer posses the requisite financial resources to begin the project within the required one year and complete the project within three years or within the phasing schedule;

(4) That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development;

(5) That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, in accordance with these PUD requirements;

(6) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development; and

(7) That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non-residential uses proposed in the PUD.

(Ord. 1993-0-2, passed 3-13-93)

Cross-reference:

Subdivision Regulations, see Chapter 151

§ 152.042 HISTORIC DISTRICT OVERLAY ZONE.

(A) Purpose. The village government recognizes the unique history of the Island and recognizes that the distinctive history and atmosphere of the village is firmly grounded in the Islands's physical development and architecture. Because of this distinctive environment, the village declares it to be a matter of public policy to help preserve, protect and enhance the overall historic character of the village by discouraging new development or alterations of existing buildings which are determined to be detrimental to, and incompatible with the existing architecture, physical form and historic atmosphere of the village. Hence this historic district overlay zone is created to apply to certain areas of the village which exhibit unique and distinctive architecture, the significance of which could be seriously undermined by dissimilar and incompatible new construction. This overlay zone is intended to encourage the reuse of older and historically valuable structures, and it is also recognized that beyond cultural benefits, the protection of historical resources on the Island will further the economic development of the area through tourism, and will help maintain and improve property values as well as overall health, safety, prosperity and welfare of the residents of the village.

(B) Creation of an historic district overlay zone. There is hereby created an Historic District Overlay Zoning District. This district imposes additional requirements beyond those of the underlying zoning district in order to further the purposes stated above.

(C) Certificate of appropriateness required. Before any new structure is built, or before any existing structure is altered such that the foundation or roof line is altered, or any porches, decks or breezeways are enclosed, or any windows are removed or replaced, a certificate of appropriateness is required. Additionally, before any sign, fence, or parking area, is constructed, altered or otherwise modified, a certificate of appropriateness is required.

(D) Establishment of a design review board. There is hereby established a Design Review Board which shall have the authority to issue a certificate of appropriateness to those persons who, upon proper application, desire to make any changes other than ordinary maintenance to any structure, objects or property, real or otherwise, within an Historic District Overlay Zone. The issuance of a certificate of appropriateness within the Historic District Overlay Zone is required before issuance of a zoning permit by the Zoning Inspector.

(E) Composition and organization of the design review board.

(1) The Design Review Board shall be composed of six members, all citizens of the village with the Zoning Inspector sitting in as an ex-officio member. These six people shall be appointed by the Mayor, and they shall include representation as follows: Three members shall be residents of the area included in the Overlay Zone and shall be locally regarded as being exceptionally knowledgeable of village history, one member shall be a member of the Planning Commission, one member shall be a member of the Village Council, and one member shall have a background in architecture, construction, or real estate. The terms of the membership shall be staggered such that the initial appointments include two persons with a one year term, two persons with a two year term, and two persons with a three year term. Appointments following these initial terms shall all be for three years.

(2) All meetings of the Board shall be public meetings, with prior public notification. Four members shall constitute a quorum, and a majority vote of those present at meeting shall be necessary to pass any motion. The Board shall meet at least four times a year. In the event of a tie vote, the Zoning Inspector shall be called upon to cast a deciding vote.

(F) Duties of the design review board. The Design Review Board shall have the following duties in addition to those otherwise specified in this section:

(1) The Board may conduct surveys or otherwise assemble information related to all areas, places, buildings, structures, homes, works of art or other objects of environmental, architectural and aesthetic interest in the village.

(2) The Board shall work for the continuing education of the residents of the village with respect to the architectural and historic heritage of the Island.

(3) The Board is hereby authorized to issue a Certificate of Appropriateness upon application therefor. When a certificate of appropriateness is granted, it shall be directed to the Zoning Inspector who may issue a zoning permit provided all other sections of this code are complied with and shall precede the issuance of a permit.

(4) The Board shall decide upon an application for a certificate of appropriateness within 31 days following submission of such application, unless an extension is requested by the applicant. The Board may exercise authority to conditionally approve an application with modifications to the plan.

(5) In considering the appropriateness of any application, the Board shall take into account, in addition to any other pertinent factors, the historical and architectural style and general design, arrangement, texture and material of the proposed change, as they relate to the property in its present condition, and shall also consider the relation thereof to the same or related factors in other properties, objects and areas in the immediate vicinity. Additionally, for rehabilitation of existing structures, the Board shall consider the Secretary of the Interior's Standards for Rehabilitation. These standards (published in 36 CFR Part 67, Historic Preservation Certifications) are to be applied to rehabilitation projects in a reasonable manner taking into account economic and technical feasibility.

(6) Applications for a certificate of appropriateness shall include both a verbal description of the proposed activity along with plans providing sufficient detail to describe and accurately reflect the proposed construction activity. Additionally, photos, drawings, and sketches which also help describe the proposed activity shall also be submitted if available.

(7) The Design Review Board shall review all requests made for demolition permits as described in § 152.062(F). In reviewing such requests, the Board shall explore alternatives to the demolition.

(8) The Design Review Board shall review requests for additional sign area pursuant to § 152.011(E).

(G) Procedures. In carrying out its functions, the Design Review Board shall meet as required, but not less than four times per year. The Board shall initially establish a statement of procedures which shall govern its meetings. Such procedures shall be printed and made available to all who seek to be guided in their presentations to the Board.

(H) Appeals. An applicant who has been denied a certificate of appropriateness by the Design Review Board may appeal the decision to the Village Council. Any such appeal shall be made within 30 days after the complaint of action or inaction of the Board. Upon hearing such an appeal, Village Council may reverse, affirm or modify the order or determination. To reverse a decision made by the Board, the Village Council must find clear evidence that the actions proposed by the applicant are consistent with the Village of Kelleys Island Port Master Plan.

(I) Standards for issuing cenijicate of appropriateness. Upon application for a certificate of appropriateness, the Design Review Board shall utilize the following standards in determining whether to issue a certificate of appropriateness.

(1) Overall specifications.

(a) While house styles may vary on Kelleys Island, a narrow frame, two or three bays wide is the most typical. A one and one-half to two and one-half stories high house, with a front gable roof pitch (slant) of 1217 to 12/12 is commonly seen. The set back is approximately 25 to 50 feet from the road. The windows and doors conform to the general verticality of the house. The rectangular T or L plan, with a wooden porch on the front or just off to the side, is also characteristic.

(b) Most houses have small wings or additions on the sides or rear. These are smaller and lower than the main part of the building, with shed or hipped roofs.

(c) Kelleys Island's few historic commercial buildings have been primarily frame, set close to the street, and one or two stories high.

(2) Guidelines.

(a) Existing Buildings and Landscaping:

1. Roofs.

a. The original roofline should be maintained, and the original character of the roof covering preserved as much as possible. Dormers, or small skylights, may be added, preferably not in the front roof slope.

b. Gable and shed roofs are preferred. Dormers, if added, should be kept small, and placed on the rear or sides, where least visible.

2. Lighting. Subdued lighting, congruent with the character of the structure or neighborhood, is encouraged. Exterior lighting, including commercial signage, will be reviewed.

3. Paint Colors. Paint colors should reflect the historic period of the structure and will be reviewed individually.

4. Landscaping. The use of plants indigenous to the Island is encouraged. Trees over 12 inches in diameter (at three feet above ground), located in the historic district and fronting on a village street, should be preserved unless diseased or a hazard to the community.

5. Demolition. The following guidelines provide a checklist for reference, before demolishing a structure or ruin:

a. Structures and ruins on the National Register Inventory should not be demolished.

b. Section 152.062 of this code requires procurement of a demolition permit from the Zoning Inspector and reviewed by the Design Review Board.

c. Prior to demolition, the future use and appearance of the site must be approved.

d. All sides of the structure, along with interiors and setting, should be documented photographically and placed on file with the Design Review Board.

e. Exterior and interior elements should be salvaged from the building and offered for sale or donation to Island residents.

(2) New Construction.

(a) Protection of Kelleys Island Historic District Overlay Zone does not exclude new construction, but encourages new buildings that are compatible with its historic and visual characteristics. The intent of an Historic Area is not to "freeze" an area in time, but rather to encourage new buildings which allow for changing needs and tastes. New construction includes both additions and in-fill buildings.

(b) New buildings should be compatible with the historic and architectural character of the area yet should also be recognized as products of their own time. The height, details, setbacks, lot width, window shape and position, door placement, general rhythm, and predominant materials should be considered when designing an in-fill structure. By taking its cues from its neighbors, the new building can be made to fit into the broad visual pattern of its historic area.

(c) The following criteria are all important in considering whether new construction proposed for the historic area is compatible:

1. Height. New construction should be of similar height to that of adjacent buildings.

2. Proportions. This is the relationship between the width and height of a building: tall and narrow, low and squat, square. New construction should employ proportions similar to those of adjacent buildings.

3. Relationship to Street. A new building should reflect adjacent structures in its orientation and placement in relation to the street, and reflect the setback of the existing streetscape.

4. Prehab Houses. The use of prefab houses in an historic district should be discouraged. Effort should be made by the builder owner to select options for windows, doors, roof type and slant, and materials that are in harmony with the neighboring buildings in shape, line and size.

5. Siding. The original siding should be preserved, where possible, or replaced with like material. Replacement siding should reflect the original exterior of the house or building. Wood siding is preferred, brick or cement block discouraged.

6. Porches. Ideally, the original porches should be maintained. If deteriorated, porches should be replaced with elements which match the original in material and appearance. Porches and decks will be reviewed individually by the Board.

7. Windows.

a. Architecturally significant windows should not be altered. When replacement is necessary, however, one should match the sash configuration (number of panes) and the width of sash elements as closely as possible. One should use wood, preferably, or vinyl-clad wood.

b. New window openings should be of the same proportions, and new sash of the same configuration, as those originally on the building.

c. Shutters, when closed, should be wide enough to cover the window opening.

d. Storm windows, installed on the outside, are preferred to thermal-pane glass replacement windows.

8. Doors. Original doors should be repaired, when possible. If replacement is needed, use similarly-paneled doors and original material. Storm and screen doors should be wood, the screens and storms covering no more than a third of the door. Cross buck aluminum designs should not be used.

9. Decorative Elements.

a. Since historic decoration and millwork reflect the history of Kelleys Island, all decorative elements should be kept and maintained. If deteriorated, repair or replace with similar materials.

b. Decoration should not be added unless there is physical or photographic evidence that it previously existed. If added, its design should reflect the era of the original structure.

10. Fences and Walls. Old fences should be kept and maintained. Chain link or solid wooden fences in front yard setback are discouraged.

11. Outbuildings. Outbuildings that reflect the history of the Island should be kept and maintained even if they no longer serve their original purpose.

12. Additions.

a. Bays, porches, and other additions to the front facade should be in keeping with the character of the house and reflect its historical antecedents.

b. Additions to existing houses should be subordinated to the original structure, comprising no more than 50% of the original square footage unless otherwise demonstrably in keeping with the character of existing houses.

13. Existing Ruins.

a. Archaeological sites listed on the National Register nomination should be kept and maintained.

b. The presence of prehistoric or historic archaeological sites or ruins should be determined' before excavating for new construction, and possible ways of avoiding and protecting them presented.

14. Parking Areas. Parking areas should be laid out in the rear of the lot. Concrete and asphalt driveways and parking lots are discouraged.

15. Awnings. Awnings should be of cloth or wood.

16. Handicap Ramps. Handicap ramps should not be constructed on front facades or entirely replace original porches, and should be designed for eventual dismantling.

17. Roofs. New construction should reflect the predominant roof shapes in the area. Roof pitches should be similar to that which currently exists. Gabled and hipped roofs of asphalt shingles and metal standing seam are appropriate forms and materials.

18. Siding. New construction should reflect the historic materials, textures and colors which exist, including painted wood, natural stone, pressed metal. Brick was not used in Kelleys Island historic houses and should be discouraged. Appropriate siding would include clapboard or shiplap.

19. Porches. Porches on new construction should be encouraged and should be built on primary or street facades, and should maintain the rhythm and placement of porches of adjacent structures.

20. Windows. The size and proportion of window openings should be similar to those on surrounding facades. They should not exceed the height and width ratios of adjacent buildings by more than 10%. Storm windows, installed on the outside are preferred to thermal-pane glass. Shutters, when closed, should be wide enough to cover the window openings. Windows should be 1/1 sash.

21. Doors. Entrances should have simple, paneled doors. Storm and screen doors should be wood or wood-like material. The screen and storms should cover no more than a third of the door. Cross buck aluminum designs should not be used.

22. Decorative Elements. The architectural details of new buildings should relate to that of existing buildings. Such details may include lintels, cornices, arches, chimneys and ironwork. Overly simplified new buildings with no detail should be avoided in areas where rich detailing and ornamentation are common characteristics.

23. Landscaping. The use of plants indigenous to the Island is encouraged. Trees over 12 inches in diameter (at three feet above ground), located in the historic district and fronting on a village street, should be preserved unless diseased or a hazard to the conununity.

24. Paint Colors. Paint colors should reflect the historic period of the structure and will be reviewed individually.

25. Fences and Walls. New fences and walls should be modeled after those found on the Island. Fences should be kept low, preferable three feet high in front, and should be 50% open.

26. Outbuildings. Garages, storage sheds and other new outbuildings should be located in the rear yard, preferably on an axis with the house. Conunercial buildings should have their filtration plants in the rear of their business and surrounded by a fence. Swinuning pools should also be located at the rear of the side rear and fenced.

27. Archaeological sites. Prior to excavation for new construction, the presence of prehistoric or historical archaeological sites and ruins should be determined and every effort should be taken to avoid and protect them.

28. Reconunendations for Additions.

a. Scale the addition to the size of the original building.

b. Use contemporary design for the new addition so that it blends with, but does not duplicate, the style of the original structure.

c. Select materials and colors that are compatible with the historic building, i.e wood or stone. Avoid rough-sawn siding, artificial stone, or other materials which would not have been used in the historic area.

d. Avoid roof-top additions. Skylights may be added, but their placement should be at the rear of the building.

29. Signage. Signs throughout Kelleys Island are regulated through § 152.011 of this code. These regulations detail appropriate types, sizes and locations for signs and must be followed in order to receive a sign permit. These general regulations are contained in § 152.011 of this code and there are regulations for signs and each zoning district which should also be consulted and obeyed.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1996-O-11, passed 6-13-96)

§ 152.043 ENVIRONMENTAL PROTECTION OVERLAY DISTRICT.

(A) Purpose. Being one of a very small number of islands in the state, the village government recognizes the uniqueness of the natural environment on the island and also recognizes that steps must be taken to ensure that uncontrolled development and unplanned development does not destroy important elements of the natural environment which residents cherish and treasure.

(B) Creation of an Environmental Protection Overlay District.

(1) There is hereby created an Environmental Protection Overlay District. This district imposes additional requirements beyond those of the underlying zoning district in order to protect significant island environmental features and generally further the purposes stated above. This overlay zone is intended to apply to shoreline areas of the island where intensive development in terms of density, building location, building heights and vegetation removal could destroy scenic vistas along the lake shore. This overlay zone is also intended to apply to other unique environmental features such as wetlands, flood hazard areas, erosion hazard areas, unique plant and animal habitats and archeological sites.

(2) The Environmental Protection Overlay District shall be defined as being those areas of the village 125 feet from the natural shoreline or as otherwise designated on the EPOD map as adopted by Council. This area shall be designated as an overlay zoning district over any and all of the underlying zoning districts relative to all of the land 125 feet from the natural shoreline as it is defined in § 152.004 of this chapter.

(C) General requirements. Any new construction of any structure, or alteration of any existing structure shall not take place until a site plan has been prepared and approved in accordance with the requirements herein. A site plan is not required when a property simply changes use without any physical modification to any buildings or any new construction taking place. Such a site plan shall be reviewed by the Planning Commission which has the authority to require additional building setbacks, a more restrictive height limitation in order to preserve views and scenic vistas, a limitation on the amount of trees, or other vegetation that may be removed from the site or specific erosion control measures.

(D) Site plan requirements. Before the Zoning Inspector may issue a zoning permit for a proposed new structure or alteration of an existing structure within the Environmental Protection Overlay District, a site plan of the subject property must be prepared and submitted to the Planning Commission for review and must be approved. This site plan shall consist of a scale drawing, showing or otherwise describing, the following:

(1) The location of all existing and proposed buildings, including building heights, and setbacks, parking areas and driveways, and accessory buildings;

(2) Show or otherwise describe, all significant environmental features on the site, including, but not limited to: all trees greater than ten inches in circumference; any wetlands; identified archeological sites; identified erosion hazard areas as identified by the Ohio Department of Natural Resources, Division of Geological Survey; known location of habitats for rare, threatened or endangered species as identified by the United States Fish and Wildlife Service. (It is recommended that both the Ohio Department of Natural Resources and the United States Fish and Wildlife Service be contacted in order to obtain recommendations from both governmental entities relative to any development plan within the Environmental Protection Overlay District.) Densely vegetated areas may be illustrated as an area and described as a unit;

(3) A description of how the applicant has taken steps to preserve and protect the identified unique environmental features on the site in the development of the construction plans, including but not limited to the incorporation of any recommendations from the Ohio Department of Natural Resources and/or the United States Fish and Wildlife Service relative to erosion hazard areas and the protection of habitats for rare, threatened or endangered species respectively; and

(4) Both the Planning Commission and the applicant are encouraged to refer to the Village of Kelleys Island Port Master Plan for information and guidance with respect to environmental issues and concerns. The Kelleys Island Port Master Plan is available for inspection at the office of the Village Clerk.

(E) Plan review.

(1) Within 31 days following the submission of a site plan which the Zoning Inspector has found to be complete with respect to all of the requirements herein, the Planning Commission shall hold a public meeting to consider such plan, and act to approve, disapprove, or modify such plan. In considering the plan, the Planning Commission shall try to balance the goals of preserving and protecting unique and valuable environmental assets of the Island with the property owner’s rights and to achieve a reasonable use of the property.

(2) The Planning Commission may require an alternative arrangement of buildings, structures, setbacks, yard dimensions, or other requirements as set forth in the underlying zoning district, and may also require site specific buffer zones, tree or habitat preservation, erosion control practices, or similar measures to protect unique environmental features.

(F) Appeals. An applicant who has been denied approval of a proposed site plan may appeal such a decision to the Village Council, who will act as an administrative appellate body. Any such appeal shall be made within 30 days following the decision of the Planning Commission. Upon hearing such appeal, Council may reverse, affirm or modify the decision of the Planning Commission. In order to reverse a decision made by the Planning Commission, the Village Council must find clear and convincing evidence that the actions proposed by the applicant are consistent with the Village of Kelleys Island Port Master Plan as it relates to the proposed development.

(G) The revised "Environmental Protection Overlay District Zoning District Map of the Village of Kelleys Island, Ohio" as submitted by the Planning Commission, is adopted as part and parcel of this section. A copy of said "Environmental Protection Overlay District Zoning District Map of the Village of Kelleys Island, Ohio" is attached to Ordinance No. 2001-O-3, passed January 11, 2001, and expressly incorporated by reference herein and is on file at the Office of the Clerk of Council for public inspection. Furthermore, the Mayor and the members of Council are hereby authorized and directed to execute the aforementioned map as part of the Official Zoning Districts Map of the Village of Kelleys Island, Ohio. In addition, any and all previous versions of the "Environmental Protection Overlay Zoning District Map of the Village of Kelleys Island, Ohio" are hereby repealed and replaced with the within map and the attachments thereto.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2001-O-3, passed 1-11-01; Am. Ord. 2001-O-5, passed 1-11-01)

§ 152.044 [RESERVED FOR AIRPORT OVERLAY DISTRICT.]

(Ord. 1993-0-2, passed 3-13-93)

§ 152.045 WIRELESS TELECOMMUNICATIONS FACILITIES OVERLAY DISTRICT.

(A) Purpose.

(1) The purpose of this section is to:

(a) Accommodate the need for wireless telecommunications facilities while regulating their location and number in the village;

(b) Minimize adverse visual effects of wireless telecommunications facilities through careful design, siting and vegetative screening;

(c) Avoid potential damage to adjacent properties and injury to persons from wireless telecommunications facilities failure and falling ice and debris through engineering and careful siting of wireless telecommunications facilities; and

(d) Maximize the use of any new or existing wireless telecommunications facilities or other tall structure(s) so as to reduce the number of wireless telecommunications facilities needed in the future within the village.

(2) It is not the intent of this section to:

(a) To permit unreasonable discrimination among providers of functionally equivalent personal wireless services;

(b) To prohibit or have the effect of prohibiting the provision of such personal wireless services;

(c) To permit action on any request for the authorization to place, construct, or modify personal wireless services facilities other than within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request;

(d) To permit denial of an application to place, construct or modify personal wireless services facilities other than in writing and supported with substantial evidence contained in a written record; or

(e) To permit basing regulatory decisions of this nature on the environmental effects of radio frequency emissions to the extent that personal wireless services facilities comply with the regulations of the Federal Communications Commission (hereinafter “FCC”) concerning such emissions.

(3) The provisions of this section are subject to all applicable federal and state laws, rules, regulations, and orders.

(B) Application and interpretation. In interpreting the provisions of this section to determine the extent of the restriction upon the use of the property, the provision shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted, as permitting the wireless telecommunications facilities sites that are appropriate and yet compatible with surrounding land uses.

(C) Definition of terms. For the purposes of this section, the following words, terms and phrases shall have the meanings indicated herein:

ANTENNA. The exterior physical device designed to transmit and/or receive electromagnetic signals authorized by the FCC in furtherance of telecommunications. Antennae used by amateur radio operators are not telecommunications antennae for purposes of this section.

ANTENNA HEIGHT. The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it an antenna or antennae.

CO-LOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

LANDSITE. A tract or parcel of land that contains the wireless communications facility, tower, antenna and/or telecommunications equipment building.

TELECOMMUNICATIONS. The exchange of information through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

TELECOMMUNICATIONS EQUIPMENT BUILDING. An unmanned building, structure or casing that is used to house wireless telecommunications facilities such as reception, relay or transmission equipment.

TELECOMMUNICATIONS FACILITY. Any structure, tower, antenna, pole, node, wire, cable, line, wave guide, device, equipment, or any other physical object, and all appurtenances thereto, used to connect electrical or electromagnetic signals used in telecommunications, except as such facilities have been preempted from regulation by applicable law. Amateur radio operators’ equipment is not included within this definition.

TELECOMMUNICATIONS PROVIDER. Any person or entity engaged in the business of providing telecommunications services to consumers, or any governmental entity, such as a police, fire, or EMS service, that employs telecommunications facilities in its telecommunications network.

TELECOMMUNICATIONS TOWER. A free-standing structure that is designed primarily to support equipment used to transmit and/or receive telecommunications signals.

(D) Use, area, landscaping, fencing and height requirements.

(1) Height.

(a) A wireless telecommunications facility with an antenna that is attached to an existing telecommunications, wireless communications or personal communications services tower, smokestack, water tower or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 15 feet and shall require a zoning permit.

(b) A wireless telecommunications facility with antenna that is not mounted on an existing antenna support structure shall not have an antenna height or tower height in excess of the minimum height necessary to effectively provide the wireless communications service. In any event, a wireless telecommunications facility shall not be in excess of 180 feet tall, and shall require a zoning permit pursuant to the provisions of Chapters 150, 151 and 152 of the Zoning Code of the village.

(c) In the event that a wireless telecommunications facility is attached to a nonresidential building or structure in a residential district, the maximum antenna height shall be 20 feet above the existing building or structure.

(d) In the event that a wireless telecommunications facility is attached to a mid-rise or high- rise building located within a residential district, the maximum antenna height shall be 20 feet above the existing mid-rise of high-rise building.

(2) Setbacks. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing tall structure), the minimum distance between the base of the support structure (excluding any guy wire anchors) and any property line shall be the largest of the following:

(a) One hundred percent of antenna height.

(b) The minimum setback in the underlying zoning district.

(3) Landscaping.

(a) Existing vegetation shall be preserved to the maximum extent possible.

(b) Landscaping shall be required to screen and buffer as much of the wireless telecommunications facility as possible, and the fence surrounding the wireless telecommunications facility, and any other ground-level features of the wireless telecommunications facility, from the abutting properties.

(c) Where the wireless telecommunications facility abuts residentially developed land, residential zoning districts, public land or streets, the wireless telecommunications facility perimeter shall be landscaped with at least one row of deciduous trees, not less than 3½ inches in diameter, spaced not more than 30 feet apart, on center, and within 40 feet of the wireless telecommunications facility boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 25 feet of the wireless telecommunications facility boundary.

(4) Fencing. A security fence shall be required around the wireless communications facility, unless the antenna is mounted on an existing tall structure. The security fence shall be a minimum of eight feet in height; the type of fencing shall be made of solid wood or chain link or as otherwise approved by the Village Planning Commission. Any related fencing, screening or other barriers shall be located behind the applicable setback lines.

(5) Uses.

(a) All uses ancillary to the wireless telecommunications facility, including without limitation a business office, maintenance depot, vehicle storage garage, etc., are prohibited from the landsite, unless otherwise permitted in the zoning district in which the landsite is located.

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

(c) No advertising is permitted anywhere on the facility, with the exception of identification signage of the telecommunications provider.

(6) Other applicable sections. Any provisions of the Village Zoning Code, especially Chapters 150, 151 and 152 which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this section and shall apply to the proposed wireless telecommunications facilities and/or telecommunications equipment building.

(E) Standards for approval, additional design standards. Wireless telecommunications facilities are considered a conditional use in the Wireless Telecommunications Facilities Overlay District. The following standards of approval shall apply to all wireless telecommunications facilities:

(1) The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be placed in the proposed location in order to satisfy its function in the applicant’s grid system.

(2) If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing tall structure), it is required to demonstrate that it has contacted the owners of tall structures within the village, requested permission to install the antenna on those tall structures and was denied permission for reasons other than economic reasons. The term “tall structures” include smokestacks, water towers, antenna support structures of other telecommunication providers and other communications towers (police, fire, EMS, etc.). If the antenna can be physically and legally accommodated on an existing tall structure, the governing body may deny the conditional use application to construct a new tower.

(3) The applicant shall demonstrate that the antenna height is the minimum height required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another telecommunications provider, or other provider of wireless or personal communications services has already agreed to collocate on the applicant’s antenna support structure at a greater height than is required by the applicant.

(4) The applicant shall demonstrate that both the proposed antenna and its support structure are safe and the surrounding properties will not be adversely affected by antenna support structure failure, falling ice or other debris. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers and the village.

(5) In order to reduce the number of antenna support structures needed in the village in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other telecommunications, wireless communication and personal communication service provider companies, and local police, fire and EMS service. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of collocation on the applicant’s proposed antenna support structure.

(6) The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide telecommunications, wireless communications and/or personal communications services.

(7) If the telecommunications or wireless communications facility is fully automated, adequate parking shall be required for maintenance workers.

(8) Antenna support structures shall, to the extent possible, be finished so as to reduce the visual impact. Support structures may be painted green up to the height of nearby trees and shall meet all Federal Aviation Administration regulations.

(9) A full site plan shall be required for all landsites, showing the antenna and antenna support structure, together with any buildings, fencing, buffering, and access as well as all other items as may be required in the pertinent sections of Chapters 150, 151 and 152 , for a land development application.

(10) Towers shall be designed and constructed to all applicable standards of the American National Standards Institute/Electronic Industry Association, ANSI/EID-222-F (Annex H: Commentary on Ice Design Criteria for Communications Structures) as may be amended from time to time.

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

(12) Towers and all antennae shall be designed to withstand wind gusts of at least 100 miles per hour and the applicant must provide written proof of this requirement to the Planning Commission prior to obtaining approval for said tower and antennae.

(13) An antenna may not be located on any existing building or structure within the village except those buildings or structures located within the Wireless Telecommunications Facilities Overlay Zoning District.

(14) No antenna or its support structure may be artificially lighted except when required by Federal Aviation Agency rules or regulations.

(F) Conditional use provisions. A wireless telecommunications facility shall be a conditionally permitted use and must be approved pursuant to § 152.086 of this chapter. In addition to the requirements of this chapter, a conditional use permit for a wireless telecommunications facility shall not be granted except upon compliance with the following:

(1) The applicant shall demonstrate that the tower for the wireless telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company’s system.

(2) The applicant shall present documentation that the tower is designed in accordance with the standards cited in division (D)(10) above relative to telecommunications towers.

(3) The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

(4) The need for additional buffer yard treatment shall be evaluated.

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

(6) The applicant shall demonstrate that the wireless telecommunications facility will not interfere with any public safety communications system, including but not limited to police, fire, EMS and other governmental telecommunications.

(7) The applicant shall submit the regular fee for an Application for Zoning Permit, plus the fee for a conditional use permit. In the event there is a building or other structure required to be built as part of an application for a wireless telecommunications facility, the regular square footage fee shall also be submitted in addition to the fee for the Application for Zoning Permit fee and the conditional use application fee.

(8) Upon approval, the applicant must post a bond and have comprehensive liability insurance as set forth below in division (F) below.

(G) Maintenance; abandonment.

(1) The wireless telecommunications facility shall be maintained and kept in good order and repair and in compliance with all applicable federal and state requirements and the ordinances of the village.

(2) The telecommunications provider shall agree to remove the proposed telecommunications facilities (and any associated site improvements such as access drives) within 180 days of discontinued use of or the failure to use them, and to return the entire site to its prior state, at the sole cost of the provider. Upon such discontinued use or failure to use, and if such telecommunications facilities are not removed as set forth above, it shall be conclusively presumed to be abandoned, and the permits to use them shall be terminated. At any time thereafter, the Council or its authorized designee, shall give written notice to the provider that it intends to remove such telecommunications facilities (and related site improvements) at the provider’s cost, no sooner than 90 days after receipt by the applicant of said notice. Within that 90 day period, the provider shall be given the opportunity to either reactivate, or activate such telecommunications facilities, remove them together with any and all site improvements, and to return the site to its prior state, or in the alternative, the provider shall show good cause why the telecommunications facilities (and related site improvements) should not be removed and the site returned to its prior state, at the provider’s cost.

(3) In order to cover Council’s costs of such removal upon the occurrence of such events, the provider shall post a bond or submit to escrow a cash deposit in an amount equal to $100 per vertical foot of any telecommunications tower or attachment, plus the sum of $100 per linear foot of any or all access drives to the property. This bond or cash deposit shall be submitted to the Clerk of Council and be made payable to the Village of Kelleys Island, Ohio, prior to the granting of any permit under this section. Furthermore, the provider shall insure that the bond remains in full force and effect, or the deposit shall remain in escrow, as the case may be, until such telecommunications facilities are removed in accordance with this legislation. Failure to keep the bond in effect or failure to keep funds in escrow will subject the provider to revocation of its conditional use permit upon notification and after 30 days to cure the deficiency. Furthermore, the provider shall indemnify and hold harmless the village, its officers, and employees from any and all claims, liabilities, costs and expenses incurred on account of or resulting from the construction, operation, maintenance, or removal or the proposed telecommunications facilities. The provider shall provide proof of insurance in the following types and amounts insuring the village: comprehensive general liability insurance with limits of not less than: $1,000,000 for bodily injury or death to each person; $1,000,000 for property damage resulting from any one incident; and $3,000,000 in the aggregate.

(H) Map. The Wireless Telecommunication Facilities Overlay District shall be delineated on a separate zoning map, which is adopted as part of this section and is attached to Ordinance No. 2001-O-15, passed May 10, 2001 and expressly incorporated by reference herein. Any amendments to the Wireless Telecommunications Facilities Overlay District will be considered an amendment to the zoning map of the village pursuant to § 152.019 of this chapter, and shall be considered on a parcel by parcel basis.

(Ord. 2001-O-15, passed 5-10-01)

§ 152.046 MANUFACTURED HOME PARK.

(A) Purpose. The provisions of this section provide for the location and regulation of manufactured home parks in order to foster their development and maintenance as an integral and stable part of the community.

(B) Establishment procedures. There is hereby created a Manufactured Home Park District as a Special Zoning District. Manufactured home parks shall be located only in the Manufactured Home Park District (MHP) and shall be developed according to the standards and regulations stated herein. The procedure to amend the official zoning map to establish the MHP District shall be that procedure for amendments as set forth in § 152.019.

(1) Mobile home parks;

(2) Mobile homes;

(3) Parks, playgrounds and other recreational facilities for use by mobile home park residents and their guests; and

(4) Accessory structures such as storage sheds.

(D) Area regulations.

(1) Minimum area. Minimum site size for manufactured home parks shall be ten acres.

(2) Maximum density. Maximum density shall be seven units per acre.

(3) Minimum setback. A minimum setback of 50 feet from all property shall be required for all buildings and structures.

(4) Minimum open space between units. A minimum open space of 20 feet shall be maintained between each manufactured home unit in a MHP District. A minimum open space of 20 feet shall also be maintained on all sides of each unit.

(E) Approval procedures. Manufactured home parks shall be located only in the Manufactured Home Park District (MHP) and shall be developed according to the standards and regulations stated herein.

(F) General standards for manufactured home parks. The Planning Commission shall review the particular facts and circumstances of each proposed manufactured home park development in terms of the following standards and shall find adequate evidence that such development meets these standards:

(1) The proposed park will be served adequately by essential public facilities and services such as streets, drainage, refuse disposal, schools, police and fire protection, or that the persons or agencies proposing the establishment of the park shall be able to provide any such services adequately;

(2) The vehicular approaches to the proposed park property shall be so designed as not to create traffic interference or congestion on surrounding public streets or roads;

(3) The establishment of the proposed park will not result in the damage, destruction, or loss of any natural, scenic, or historic features of the island; and

(4) The establishment of the proposed park shall not be detrimental to the value of surrounding properties or the character of the neighborhood or adjacent neighborhoods.

(G) Manufactured home park requirements. All manufactured home parks shall comply with the requirements of Ohio Administrative Code Chapter 3701 promulgated by the Ohio Public Health Council in accordance with R.C. Chapter 3733.

(Ord. 1993-0-28, passed 10-21-93)

§ 152.047 NONCONFORMING USES, STRUCTURES AND LOTS.

(A) The purpose of this section is to provide for the continuation of uses and structures that do not conform to this existing Zoning Code, but were lawfully existing at the time of enactment of this chapter.

(B) Nonconforming uses. The lawful use of any building or land existing at the effective date of Ord. 1993-0-2 may be continued although such use does not conform with the provisions of this chapter, provided the following condition are met:

(1) Alterations. A nonconforming building or structure may not be altered, improved or- reconstructed, enlarged or extended, except as outlined in division (C) below.

(2) Nonconforming to nonconforming use. A nonconforming use may be changed to another nonconforming use provided that the proposed nonconforming use is in less conflict with character and use of the district than the existing nonconforming use as determined by the Planning Commission.

(3) Construction approved prior to ordinance. Nothing in this chapter shall prohibit the completion of construction and use of nonconforming building for which a zoning certificate has been issued prior to the effective date of Ord. 1993-0-2, provided that construction is commenced within 90 days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuous period in excess of 30 days; and that the entire building shall have been completed within one year after the issuance of said zoning certificate.

(4) Displacement. No nonconforming use shall be extended to displace a conforming use.

(5) Discontinuance or abandonment. Whenever a nonconforming use has been discontinued for a period of two years or more, such discontinuance shall be conclusive evidence of an intention to abandon legally the nonconforming use. At the end of that two-year period of abandonment the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this chapter.

(6) Unsafe structures. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority provided such work is not to an extent exceeding in aggregate cost 50% of the replacement value of the building or structure, unless the building or structure is changed to a conforming use.

(7) Annual review of nonconforming uses. Each year, the Zoning Inspector shall make an inspection of known nonconforming uses, and shall keep records describing the activities taking place on the property, as well as the conditions of the structure.

(C) Nonconforming structures. A structure which was lawfully constructed before the effective date of Ord. 1993-0-2, and which is nonconforming with respect to height, or setbacks from any lot lines, may be continued, provided however, that if such structure is to be altered, expanded, enlarged or otherwise structurally modified, such alteration, or enlargement, shall not increase the amount of nonconformity with this chapter. For example, a building which has a side yard of five feet in a Zoning District which requires a ten-foot side yard, may not be enlarged upon so that the side of the building abutting such non-conforming side yard is increased in length, unless any new additions are built in conformity with the greater side yard requirement.

(D) Nonconforming lots. Whenever a parcel of land exists which is nonconforming as to required lot size, then such lot may be built upon individually. However, where an individual, group of individuals, corporation, or other organization owns two or more lots abutting each other in such a way as to permit compliance with the lot size requirements of this chapter, then such lots shall be combined to functionally represent a single building lot to the extent that is necessary to comply with the requirements of this chapter.

(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1997-O-2, passed 1-11-97)

§ 152.048 PARKING AND LOADING REGULATIONS.

(A) Off-street parking. In all districts, in connection with every building or part thereof hereafter created, off-street parking facilities shall be provided as prescribed by this section.

(B) Minimum number of off-street parking spaces required.

(1) Business and professional offices and banks. One for each 200 square feet of floor area.

(2) Churches. One for each four seats in principal auditorium, based on maximum seating capacity.

(3) Clubs and lodges, restaurants and bars. One per 200 square feet of floor area or one per four seating spaces in the assembly room, which ever is greater.

(4) Dance halls, skating rinks. One per 100 square feet of floor area.

(5) Dwellings. Subject to the provisions of § 152.036(F), there must be a minimum of two parking spaces for each dwelling unit.

(6) Health or medical centers, nursing homes. Bed establishments: One parking space for each three beds. Non-bed establishments: One parking space for each 200 square feet of floor space.

(7) Hotels. One parking space for each one sleeping room.

(8) Medical and dental offices. Three spaces for each physician or dentist.

(9) Manufacturing plants. Two spaces per three employees - the total number being the total number of employees on any two consecutive shifts having the largest number of employees.

(10) Retail stores, super markets, etc. One space for each 100 square feet of floor space.

(11) Theaters. One space for each four seats.

(1) Off-street parking areas shall provide parking spaces, each of which shall not be less than 200 square feet in area exclusive of access drives or aisles.

(2) Such parking areas shall be of usable shape, and so graded and drained and provided with adequate drainage facilities so that the adjacent properties and right-of-way shall not be subject to flooding by run-off water from the proposed parking area. All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from adjoining premises or streets and no open light sources such as the stringing of light bulbs shall be permitted. All parking spaces, except those provided in conjunction with one or two family dwelling shall be improved with stone, bituminous, concrete or equivalent surfacing. In the event stone is used to improve any parking area, the owner or occupant of the property shall utilize dust control measures to maintain the character of the island.

(3) Wheel guards, including bumper guards as may be necessary, shall be provided in connection with any off-street parking area of five cars or more, to contain the cars of sloping surfaces; to prevent bumper over hang or other encroachment into the required or specified setback spaces.

(4) Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more two access ways abutting any street for any business or property. Such access ways shall not be less than 20 feet in width at the sidewalk line nor more than 30 feet at the curb cut line of street. Residential uses may have access ways of not less that eight feet.

(5) No off-street parking facilities shall be located in front yard as required by this chapter, except:

(a) Commercial districts. Off-street parking facilities may be located in front and side yards provided that points of access and related landscaping have been approved by the Planning Commission.

(b) Industrial districts. Off-street parking facilities may be located in front and side yards provided that points of access and landscaping have been approved by the Planning Commission.

(6) In all districts where residential land uses are permitted, inoperable equipment (e.g. cars, trucks, boats or any type of mechanical equipment) must be kept under cover or removed and properly discarded.

(7) In all other districts all inoperable equipment (e.g. cars, trucks, boats or any type of mechanical equipment) must be kept under cover or placed in an area completely enclosed by a solid fence (i.e. metal sheeting, corrugated metal, concrete block, wood, etc.) properly painted and devoid of all signs.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2001-O-57, passed 11-8-01)