Lewisburg City Zoning Code
TITLE SEVEN
Supplemental Zoning Regulations
1171.01 INTERPRETATION.
1171.02 SETBACK REQUIREMENTS FOR CORNER BUILDINGS.
On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(Ord. 82-1. Passed 2-16-82.)
1171.03 VISIBILITY AT INTERSECTIONS.
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and a half and ten feet above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along such street lines fifty feet from the point of intersection.
(Ord. 82-1. Passed 2-16-82.)
1171.04 FENCE AND WALL RESTRICTIONS IN FRONT YARDS.
In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and a half feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the height of two and a half feet and ten feet.
(Ord. 82-1. Passed 2-16-82.)
1171.05 PARKING AND STORAGE OF CERTAIN VEHICLES.
Automotive vehicles, boats, travel trailers, or other trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. Further, no more than one boat and one travel trailer may be stored in the rear yard if they have a current license.
(Ord. 2003-12. Passed 9-18-03.)
1171.06 YARD REQUIREMENTS FOR MULTI-FAMILY DWELLINGS.
Multi-family dwellings shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district as though it were on an individual lot.
(Ord. 82-1. Passed 2-16-82.)
1171.07 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Zoning Inspector is provided. Such screening shall be a masonry or solid fence between four and eight feet in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting. Either type of screening shall not obscure traffic visibility within fifty feet of an intersection.
(Ord. 82-1. Passed 2-16-82.)
1171.08 ARCHITECTURAL PROJECTIONS.
Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard.
(Ord. 82-1. Passed 2-16-82.)
1171.09 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in Chapters 1139 to 1155 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of an aircraft at an established airport.
(Ord. 82-1. Passed 2-16-82.)
1171.10 BUILDINGS ACCESSORY TO DWELLINGS.
(a) No garage or other accessory building (also called building accessory) shall be erected within any required side yard or front yard in any zoning district having permitted residential uses. No accessory buildings shall be erected within any rear yard in any zoning district having permitted residential uses, unless it is located at least sixty feet from the property line, completely to the rear of the residential dwelling(s), at least ten feet from the residential dwelling(s), at least six feet from both the side and rear property lines, and if it is a garage accessed from an alley, at least ten feet from the alley.
(b) Accessory buildings shall not exceed one story or 14 feet in height in any zoning district having permitted residential uses.
(c) Accessory buildings that are carports or garages shall not exceed 800 square feet of floor space in any zoning district having permitted residential uses. Other accessory buildings shall not exceed 144 square feet of floor space in any zoning district having permitted residential uses.
(d) Accessory buildings erected within ten feet of the residential dwelling(s) in any zoning district having permitted residential uses shall be constructed as a part of the residential dwelling(s) or connected thereto by a covered breezeway in such a way as to be a part of the residential dwelling(s).
(Ord. 2005-09. Passed 5-19-05.)
1171.11 SOLAR ENERGY SYSTEMS.
(a) The use of Solar Energy Systems for collection of solar energy to provide electricity, heat, or otherwise provide energy to a residential, commercial, or industrial building is a permitted accessory use subject to the following standards.
(b) General Provisions.
(1) All solar energy systems shall comply with all applicable zoning, building, fire, plumbing and electrical codes of the Village of Lewisburg.
(2) This section shall apply to solar energy systems on private property for use by the property owner and shall not be construed to permit a solar energy farm as a business. A "solar energy farm" is defined as an energy generation facility or area of land principally used to convert solar energy to electricity.
(3) Only commercially produced solar energy systems are permitted. The manufacturer specifications shall be submitted as part of the application for approval.
(c) Ground-Mounted Solar Energy Systems.
(1) Ground-mounted solar energy systems shall only be permitted in the rear yard and shall be set back a minimum of ten (10) feet from all lot lines.
(2) In conservation and residential districts, no ground mounted solar energy systems shall exceed six (6) feet in height as measured from the average grade at the base of the system. In commercial and industrial districts, no ground mounted solar energy system shall exceed twenty-five (25) feet in height, or the maximum height of the building, whichever is less; provided, however, that if the ground mounted solar energy system is located in a rear yard that is adjacent to a residential property or adjacent to a residential zoning district, the maximum height shall be six (6) feet.
(3) Ground-mounted solar energy systems shall be screened from any adjacent lot lines of lots used for residential purposes by a fence, wall, landscaping or combination thereof.
(4) Ground-mounted solar energy systems shall not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.
(5) The total area of the ground-mounted solar energy system shall not exceed more than fifteen percent (15%) of the rear yard area in residential districts.
(d) Roof-Mounted Solar Energy Systems.
(1) Roof-mounted solar panels that are integrated with the surface layer of the roof structure and which resemble common roofing material may be permitted on any roof surface of a principal building or accessory building.
(2) Roof-mounted solar panels that are separated panels mounted flush with the roof structure may be permitted on any roof surface of a principal building or accessory building that does not face a street. Such panels shall be mounted flush to the roof and not extend vertically from the roof structure more that eight (8) inches.
(3) Solar panels may be mounted on flat roofs provided there is a parapet wall or other architectural feature that screens the view of the panels. Such panels may be mounted at an angle provided they do not extend more than five (5) feet above the roof surface.
(4) All wires and other associated appurtenances related to the solar energy systems shall be installed below the roofline and not visible from the street.
(5) Solar energy systems located on the roof shall provide, as part of their permit application, evidence of design review and structural certification signed by an engineer.
(Ord. 2024-05. Passed 5-16-24.)
1175.01 COMPLIANCE WITH PERFORMANCE REQUIREMENTS.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by the Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements in this chapter.
(Ord. 82-1. Passed 2-16-82.)
1175.02 FIRE HAZARDS.
Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(Ord. 82-1. Passed 2-16-82.)
1175.03 RADIOACTIVITY OR ELECTRICAL DISTURBANCE.
No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(Ord. 82-1. Passed 2-16-82.)
1175.04 NOISE.
Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(Ord. 82-1. Passed 2-16-82.)
1175.05 VIBRATION.
No vibration shall be permitted which is discernible with instruments on any adjoining lot or property.
(Ord. 82-1. Passed 2-16-82.)
1175.06 AIR POLLUTION.
Air pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.
(Ord. 82-1. Passed 2-16-82.)
1175.07 GLARE.
No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street.
(Ord. 82-1. Passed 2-16-82.)
1175.08 EROSION.
No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(Ord. 82-1. Passed 2-16-82.)
1175.09 WATER POLLUTION.
Water pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.
(Ord. 82-1. Passed 2-16-82.)
1175.10 ENFORCEMENT PROVISIONS.
The Zoning Inspector, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(Ord. 82-1. Passed 2-16-82.)
1175.11 MEASUREMENT PROCEDURES.
Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists Association, Inc., Washington D. C., the United States Bureau of Mines, and the Ohio Environmental Protection Agency.
(Ord. 82-1. Passed 2-16-82.)
1179.01 PRIVATE SWIMMING POOLS.
A private swimming pool, as regulated herein, shall be any pool, pond, lake or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than one and one-half feet. No swimming pool shall be allowed in any R District except as an accessory use and unless it complies with the following conditions:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) The pool may not be located closer than fifteen feet to any property line. Such distance shall be measured from the water line. Accessory buildings shall maintain the minimum side yard required. Any walks or paved areas adjacent to the pool shall be located not closer than five feet to any property line.
(Ord. 1999-20. Passed 11-18-99.)
(c) Swimming pools shall be totally enclosed with a fence at least four feet high to block uninvited persons attempting to enter the enclosed area, and shall be designed with due regard for the safety of persons approaching the pool area.
(Ord. 2008-10. Passed 7-3-08.)
1183.01 SCOPE AND APPLICATION.
(a) Scope of Regulations. The off-street parking and loading requirements of the Zoning Ordinance shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after the effective date of the Zoning Ordinance, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of the Zoning Ordinance and provided that construction is begun within six months of such effective date and diligently pursued to completion, parking and loading facilities in the amounts required for the issuance of the building permit may be provided in lieu of any different amounts required by the Zoning Ordinance.
(2) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use and for at least fifty percent (50%) of any existing deficiency in parking or loading facilities.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of the Zoning Ordinance, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of the Zoning Ordinance.
(b) Existing Parking and Loading Facilities.
(1) Off-street parking and loading facilities in existence on the effective date of the Zoning Ordinance and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements for a similar new building or use under the provisions of the Zoning Ordinance.
(2) Any area once designated as required off-street parking or loading shall never be changed to any other use unless and until equal facilities are provided elsewhere.
(Ord. 82-1. Passed 2-16-82.)
1183.02 OFF-STREET PARKING.
(a) Location. The off-street parking required by this chapter shall be provided in accordance with the following requirements.
(1) One and two-family dwellings. The off-street parking facilities required for one and two-family dwellings should be located on the same lot or plot of ground as the building they are intended to serve, but shall not be considered a parking lot under the provisions of this chapter.
(2) Multiple family. The off-street parking facilities for multi-family dwellings shall consist of a parking lot as defined elsewhere in this chapter. In no event shall any uncovered parking space in a Multi-family District be located nearer than ten feet to any building.
(Ord. 82-1. Passed 2-16-82.)
(3) Manufactured home parks. The off-street parking required may be located on each site or in parking lots conveniently located and readily accessible to each site. (Ord. 1996-22. Passed 12-26-96.)
(4) Other land uses. The off-street parking required may be located on each site or in parking lots conveniently located and readily accessible to each site. Such off-lot spaces shall be located only in districts in which similar off-street parking is permitted.
(5) Control of off-site parking facilities. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or long-term lease, the term of such lease, to be determined by the Building Inspector; and such deed or lease shall be filed with the Village Clerk. The deed or lease shall require such owner or his or her heirs and assigns to maintain the required number of parking facilities for the duration of the use served or of the deed or lease, whichever shall terminate sooner.
(b) Construction Requirements. All parking facilities required for uses other than single and two-family dwellings shall be hard-surfaced with a pavement having an asphalt or concrete binder, shall be graded and drained so as to dispose of surface water which might accummulate within or upon such area, and shall be completely constructed prior to a Certificate of Occupancy being issued. No surface water from such parking area shall be permitted to drain into adjoining private property. Each parking facility must meet any other engineering standards deemed necessary by the Zoning Inspector. All parking facilities required for single and two-family dwellings, unless specifically provided for otherwise by the Planning Commission, shall be surfaced with a dust-free and durable material, and shall be graded and drained to dispose of surface water.
(c) Parking Lot Plans. Plans for the development of any parking lot must be submitted to the Zoning Inspector, prepared at a scale of not less than fifty feet equals one inch and indicating existing and proposed grades, drainage, pipe sizes, dimensions of parking spaces, type of curbing, drive and aisle dimensions, lighting, adjacent main buildings, sidewalks, landscaping surfacing and base materials to be used. The plans of the proposed parking lot layout shall be proposed in a presentable form by person or persons competent in such work and shall reflect conformance with the following provisions.
(1) Parking space dimensions. Plans for the layout of off-street parking facilities should be in accordance with the minimum standards contained in Table A. The minimum parking space dimensions for a layout not provided for in this table shall be nine and one-half feet in width, twenty feet in length, and 189 square feet in area.
(2) Required yards.
A. Off-street parking spaces, open to the sky, may be located in any yard if the parking facility is located within a commercial or industrial zone, except that when a required nonresidential parking lot or parking area is situated on a parcel which adjoins a residential district or a residential use, abutting directly or across a roadway, the respective side or rear yard setback shall be a minimum of twenty feet, of which the ten feet nearest the respective property line is developed as a greenbelt.
B. Within the Residential Districts, it shall be unlawful to use the space between the front setback line and the sidewalk for the parking of trailers, mobile homes, motor homes and recreational vehicles.
C. Parking facilities in commercial and industrial districts are encouraged to be located behind the front yard setback line whenever possible.
D. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements of the zone in which located.
(3) Screening and landscaping.
A. All open vehicle parking areas containing more than three parking spaces shall be effectively screened on each side adjoining or fronting on property situated in a Residence District or any institutional premises by a wall, fence of densely planted coniferous hedge or planting not less than four feet or more than eight feet in height.
B. All parts of open off-street parking areas which are unusable either for parking or for traffic, as well as all required yard areas shall be landscaped with grass, coniferous shrubs, evergreen material and/or ornamental trees. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
(4) Access.
A. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. Access to parking areas in Commercial District (with the exception of shopping centers in these districts) shall be provided from a service drive where required. Access to such parking areas by curb cuts or driveways across the front lot line should be avoided wherever possible.
B. Ingress and egress to a parking lot lying in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.
C. Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least twenty-five feet distant from adjacent property located in any single-family residential district.
(5) Lighting. All illumination for or on all such parking lots shall be deflected away from adjacent residential areas and shall be installed in such a manner as to allow the reduction of the amount of light in other than normal parking hours each day. The source of illumination in all parking lots abutting a residential area shall not be more than sixteen feet above the parking lot surface.
(6) Wheel stops. All parking lots shall be provided with wheel stops or bumper guards so located as to prevent any vehicle from projecting over the lot or setback lines.
(7) Cleaning and maintenance. The parking facility shall be kept free from refuse and debris and in good structural condition through periodic maintenance by the owner or his agent, who shall also be responsible for snow removal.
(Ord. 82-1. Passed 2-16-82.)
1183.03 PARKING SPACE REQUIREMENTS.
(a) Computation. When determination of the number of off-street parking spaces required by the Zoning Ordinance results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more, shall be counted as one parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.
(b) Collective Provisions.
(1) Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Planning Commission.
(2) Parking spaces already provided to meet off-street parking requirements for places of public assembly, commercial or industrial establishments, lying within 500 feet of a church measured along lines of public access; and that are not normally used between the hours of 6 a.m. and 6 p.m. on Sundays; and that are made available to the respective church for parking use, may be used to meet not more than seventy-five percent (75%) of the off-street parking requirements of such church.
(c) Utilization. Except as may otherwise be provided for the parking of trucks in the granting of conditional uses, required accessory off-street parking facilities provided for uses listed in Table B shall be solely for the parking of passenger automobiles of patrons, occupants, or employees of such uses.
(d) Parking Restrictions. Off-street parking of vehicles shall be further restricted by the following requirements:
(1) Parking duration. Except when land is used as storage space in connection with the business of a repair or service garage, a twenty-four hour time limit for parking in nonresidential off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit, the storage or prolonged parking on any such parking area in any such District wrecked or junked cars, or for creating a junk yard or a nuisance in such areas.
(2) Restriction on parking on private property. It shall be unlawful for any person, firm or corporation to park any motor vehicle on any private property, or use of the private property as parking space, without the express or implied consent, authorization, or ratification of the owner, holder, occupant, lessee, agent, or trustee of such property. Complaint for the violation of this provision shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.
(3) Trucks, construction equipment etc. After the effective date of the Zoning Ordinance it shall be unlawful for the owner, tenant or lessee of any lot, parcel or tract of land in a residential district or in the residential area of any other district, to permit or allow the open storage or parking, either day or night, thereon of trucks, semitrucks and trailers, mobile homes (exclusive of recreational vehicles), bulldozers, earth carriers, drag lines, cranes, steam shovels and/or any other equipment or machinery. It is provided, however, that the owner, tenant or lessee of a farm may openly store the machinery and equipment used on his farm; and it is further provided that equipment necessary to be parked overnight on a lot, parcel or tract of land during construction work thereon shall be excepted from this restriction.
(e) Specific Requirements.
(1) All off-street parking spaces hereinafter required by the Zoning Ordinance shall be designed in accordance with one of the formulas set forth in Table A.
(2) Off-street parking spaces shall be provided in accordance with the space requirements for respective types of land use as set forth in Table B. Parking spaces for accessory uses not specifically enumerated within a parking class shall be assumed to be included in the principal (permitted or conditional) use requirement. If, for any reason, the classification of any use, for the purpose of determining the amount of off-street parking, or the number of spaces to be provided by such use is not readily determinable hereunder, the parking class of such use shall be fixed by the Zoning Inspector.
TABLE A
Parking
Pattern
| Maneuvering Lane Width | Parking (1) Space Width
(ft.)
| Parking (2) Space Length
(ft.)
| Total Width of Two Tiers of Spaces Plus Maneuvering Lane | ||
One Way
(ft.)
| Two Way
(ft.)
| One Way
(ft.)
| Two Way (ft.) | |||
(parallel parking) | 11 | 18 | 8 1/2 | 25 | 28 | 35 |
to 53o | 12 | 20 | 9 | 21 | 54 | 62 |
to 74o | 13 | 24 | 9 | 21 | 55 | 66 |
to 900 | 15 | 26 | 9 1/2 | 20 | 55 | 66 |
(1) Measured perpendicular to the longitudinal space centerline.
(2) Measured along the longitudinal space centerline.
TABLE B
Use | Required No. of Parking Spaces | Per Each Unit of Measure as Follows: |
Animal hospitals and kennels | 1 | Per each two employees Per Each 400 square feet UFA(1) |
Auto salesrooms, wholesale stores, machinery sales and | 1 | Per each 1,000 square feet UFA, plus |
1 | Per each employee | |
Banks (other than drive-in banks), post offices | 1 | Per each 200 square feet UFA, plus |
1 | Per each one employee | |
Barber shops | 2 | Per each barber |
Beauty shops | 3 | Per each beauty operator |
Bowling alleys | 6 | Per bowling lane, plus amount required for accessory uses
|
Business and professional offices | 1 | Per each 300 square feet GFA (2) |
Carry out drive-in restaurant | 1 | Per each 300 square feet GFA, plus |
1 | Per each two employees with a minimum total of 8 parking spaces | |
Churches | 1 | Per each three seats based on maximum seating capacity in the main place of assembly therein |
Child care center, nurseries, or nursery schools | 1 | Per each 400 square feet UFA, plus |
1 | Per each employee | |
Dance halls, exhibition halls, pool halls, billiard parlors, and assembly | 1 | Per each two persons allowed within the maximum occupancy load as established by local, county or state fire, health or building codes |
or | ||
1 | Per each 100 square feet UFA | |
(Whichever is greater) | ||
Drive-in bank | 4 | Per each teller window |
Drive-in restaurants | 1 | Per each 50 square feet GFA, plus |
1 | Per each three employees, with a minimum total of 40 parking spaces | |
Drive-in restaurants - fast food | 1 | Per each outdoor speaker facility, plus |
1 | Per each two employees | |
Establishments (other than drive-in restaurants) in which is conducted the sale and consumption on the premises of food, beverages or refreshments | 1 | Per each three persons allowed within the maximum occupancy load as established by local, State or County fire, health, or building codes, plus |
1 | Per each three employees | |
or | ||
1 | Per each 100 square feet
UFA, plus | |
1 | Per each three employees | |
(whichever is greater) | ||
Elementary and junior high schools, trade schools | 1 | Per each teacher, plus |
1 | Per each employee or administrator, plus requirements of the auditorium or assembly hall therein
| |
Filling stations, automobile service station | 2 | Per each service stall, plus |
1 | Per each employees, plus | |
1 | Per each service vehicle | |
Furniture, appliances, and household equipment, repair shops, hardware stores, and other similar uses | 1 | Per each 800 square feet of UFA, plus |
1 | Per each two employees | |
Golf course open to the general public | 5 | Per each hole, plus |
1 | Per each employee, plus amount required for accessory uses
| |
High schools | 1 | Per each teacher, plus |
1 | Per each ten students, plus | |
1 | Per each employee or administrator, plus requirements of the auditorium or assembly hall therein
| |
Housing units One, two and multi-family housing units | 2 | Per each housing unit |
Rooming houses | 1 | Per each two roomers to boarders based on the designated capacity of the building plans; two spaces for a resident owner |
Housing for the elderly | .5 | Per each dwelling unit plus |
1 | Per each employee | |
Hospitals | 1 | Per each two beds, plus |
1 | Per staff doctor, plus | |
1 | Per each two employees | |
Industrial or manufacturing establishments, research establishments | 1 | Per each 1-1/2 employees computed on the basis of the greatest number of persons employed at any one time, day or night |
or | ||
1 | Per each 2,000 square feet UFA | |
(whichever is greater) | ||
Laundromats, coin operated dry cleaning establishments | 1 | Per each washing or dry cleaning machine |
Libraries and museums | 1 | Per each 400 square feet UFA |
Medical clinic and dental clinic | 3 | Per each staff or visiting doctor, plus |
1 | Per each employee | |
Miniature or "Par 3" golf course | 2 | Per each hole, plus |
1 | Per each employee | |
Mobile home site | 2 | Per each mobile home site |
Mortuary establishments, funeral homes, undertaking parlors | 1 | Per each fifty square feet of parlor area |
Motels, hotesl, tourist homes | 1 | Per each guest bedroom, plus |
1 | Per employee, plus amount required for accessory uses
| |
Motor vehicle wash establishments (self-service) | 4 | Per each wash stall |
Motor vehicle wash establishments (other than self-service) | 4 | Per each unit which represents the establishment's maximum capacity as computed by dividing the lineal dimension of the mechanical wash/dry operations by 20', plus |
1 | Per each employee | |
Open air business (not otherwise provided for herein) | 1 | Per each 8 00 square feet of lot area used for said business |
Personal service establishment (not otherwise provided for herein) | 1 | Per each 300 square feet of UFA, plus |
1 | Per each two employees | |
Private clubs and lodges | 1 | Per each three individual members allowed within the maximum occupancy load as established by local, County, State, fire, health or building codes |
Private tennis club, swim club, golf club, or other similar uses | 1 | Per each two members or individuals, plus amount required for accessory uses
|
Retail stores, except as otherwise specified herein | 1 | Per each 200 square feet of GFA, plus |
1 | Per each three employees | |
Roadside stands | 5 | Per each establishment |
Sanitariums, convalescent homes, homes for the aged, nursing homes, children's home | 1 | Per each four beds, plus |
1 | Per each staff doctor, plus | |
1 | Per each two employees | |
Service garages, auto repairs hops, collision or bump shops, and other similar uses | 1 | Per each 800 square feet UFA, plus |
1 | Per each two employees computed on the basis of the maximum number of employees on duty at any one time, plus | |
2 | Per each stall or service area | |
Stadiums and sports arenas | 1 | Per each four seats based on maximum seating capacity in the main place of assembly therein, plus |
1 | Per each two employees | |
Warehouses and storage buildings | 1 | Per each two employees computed on the basis of the greatest numnber of persons employed at any one time, day or night |
or | ||
1 | Per each 2,000 square feet GFA | |
(whichever is greatest) | ||
(Ord. 82-1. Passed 2-16-82.)
(1) UFA - Usable Floor Area
(2) GFA - Gross Floor Area
1183.04 OFF-STREET LOADING.
On the same premises with every building or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, restaurant, wholesale, market, hotel, hospital, laundry, dry cleaning, or other uses similarly involving the receipt or distribution of vehicles, material or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with street or parking areas.
(a) Such loading and unloading space, unless completely and adequately provided for within a building, shall be a minimum area of ten feet by fifty feet, with fourteen foot height clearance, and shall be provided according to Table C.
(b) Access to truck loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of trucks.
(c) All loading areas in view of any residential district shall be screened from such view in a manner satisfactory to the Planning Commission.
(d) Off-street loading space areas shall not be construed as, or counted towards, the supplying of area required as off-street parking space areas.
(Ord. 82-1. Passed 2-16-82.)
TABLE C
Gross Floor Area In Square Feet | Loading and Unloading Spaces Required In Terms of Square Feet of Gross Floor Area |
0-2,000 | None |
2,000-20,000 | One space (10 feet x 50 feet). |
20,000-100,000 | One space plus one space for each 20,000 square feet in excess of 20,000 square feet. |
100,000-500,000 | Five spaces plus one space for each 40,000 square feet in excess of 100,000 square feet. |
Over 500,000 | Fifteen spaces plus one space for each 80,000 square feet in excess of 500,000 square feet. |
(Ord. 82-1. Passed 2-16-82.)
1183.05 CENTRAL BUSINESS DISTRICT QUALIFIED EXEMPTION.
Due to the lot sizes and historical development of the Central Business District (“CBD”) area, the parking and loading regulations contained in this chapter are inappropriate, unrealistic, and adverse to the community welfare, as they relate to said district. As a result, uses of land that fall under “permitted uses” in the Central Business District (“CBD”) area, as contained in Section 1151.02(a) of Chapter 1151, are exempt from the regulations contained in this chapter.
(Ord. 2000-01. Passed 1-20-00.)
1187.01 PURPOSE.
The purpose of this chapter is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs, and outdoor signs of all types. It is intended to protect the physical appearance of the Village, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, curb the deterioration of the natural environment, and enhance Village development.
(Ord. 82-1. Passed 2-16-82.)
1187.02 GOVERNMENTAL SIGNS EXCLUDED.
For the purpose of the Zoning Ordinance "sign" does not include signs erected and maintained pursuant to or in discharge of any governmental function, or that required by any law, ordinance, or governmental regulation.
(Ord. 82-1. Passed 2-16-82.)
1187.03 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
The regulations contained in this section shall apply to all signs and all use districts.
(a) All illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(b) No sign shall employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. Subsections (a) and (b) hereof shall not apply to any sign performing a public service function indicating time, temperature, stock market quotations, or similar services.
(c) All wiring, fittings, and materials used in the construction, and operation of electrically illuminated signs shall be in accordance with the provisions of the local electric code in effect, if any.
(d) No projecting sign shall be erected or maintained from the front or face of a building a distance of more than two feet, including those projecting from the face of any theater, hotel, or motel marquee.
(e) No sign shall be placed on the roof of any building, except those signs whose supporting structure is screened so the sign appears to be a continuation of the face of the building.
(f) No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in Section 1187.15.
(g) No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights shall not be used for the purpose of advertising or attracting attention when not part of a sign.
(h) No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty percent (20%) of the window surface.
(i) No sign of any classification shall be installed, erected or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.
(j) All signs hung and erected shall be plainly marked with the name of the person, firm or corporation responsible for maintaining the sign.
(k) Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same, shall upon receipt of written notice from the Zoning Inspector proceed at once to put such a sign in a safe and secure condition or remove the sign.
(l) No sign shall be placed in any public right of way except publicly-owned signs, such as traffic control signs and directional signs. Signs directing and guiding traffic and parking on private property but bearing no advertising matter shall be permitted on any property.
(Ord. 82-1. Passed 2-16-82.)
1187.04 MEASUREMENT OF SIGN AREA.
The surface area of a sign shall be computed as including the entire area within a regular, geometric form or combinations of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed.
(Ord. 82-1. Passed 2-16-82.)
1187.05 SIGNS PERMITTED IN ANY DISTRICT NOT REQUIRING A PERMIT.
(a) Signs advertising the sale, lease, or rental of the premises upon which the sign is located, shall not exceed twelve square feet in area, except in all residential districts where the area of the sign shall not be more than six square feet.
(b) Professional name plates not to exceed four square feet in area.
(c) Signs denoting the name and address of the occupants of the premises, not to exceed two square feet in area.
(Ord. 82-1. Passed 2-16-82.)
1187.06 SIGNS PERMITTED IN ANY DISTRICT REQUIRING A PERMIT.
(a) Signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs, or societies, which signs or bulletin boards shall not exceed fifteen square feet in area and which shall be located on the premises of such institutions.
(b) Any sign advertising a commercial enterprise, including real estate developers or subdividers, in a district zoned residential shall not exceed twelve square feet in area and shall advertise only the names of the owners, trade names, products sold and/or the business or activity conducted on the premises where such sign is located.
(Ord. 82-1. Passed 2-16-82.)
1187.07 SIGNS PERMITTED IN THE AGRICULTURAL, FLOOD PLAIN, RESIDENTIAL AND OFFICE-RESIDENTIAL DISTRICTS.
1187.08 SIGNS PERMITTED IN COMMERCIAL DISTRICTS (NB, HS, CBD, and PC).
(a) Each business permitted within the above listed commercial districts shall be permitted one flat or wall on-premises sign. Projection of wall signs shall not exceed two feet measured from the face of the main building. The area of all permanent on-premises signs for any single business enterprise may have an area equivalent to one square foot of sign area for each lineal foot of building width, or part of a building occupied by such enterprise but shall not exceed a maximum area of 100 square feet.
(b) Service stations as well as any use within the HS District shall be permitted, in addition to the above permitted signs, one free standing on-premise sign advertising the establishment, provided such sign shall not have an area of more than fifty square feet per face. Only one such sign shall be permitted per street upon which the establishment fronts. No such sign shall be located in any required front, side or rear yard space and in any case shall be located not closer than ten feet to any street right of way. The sign shall not be over thirty feet in height.
(c) Within the PC District, in addition to those signs permitted under subsection (a) hereof, an additional sign to identify the shopping center may be permitted. Such sign shall not exceed 100 square feet per face and shall not be over thirty feet in height.
(Ord. 82-1. Passed 2-16-82.)
1187.09 SIGNS PERMITTED IN INDUSTRIAL DISTRICTS - I-1, AND PI ZONES.
(a) Within the I-1 and PI Districts, all signs shall be permitted as regulated within Section 1187.08 (a) and (b), however, as an alternative to sign area based upon building frontage, such sign area may also be based upon the following: one-half square foot for each lineal foot of lot frontage, whichever results in the larger sign area.
(b) Within the PI District, in addition to those signs permitted under subsection (a) hereof, an additional sign to identify the industrial development may be permitted. Such sign shall not exceed 100 square feet per face and shall not be over thirty feet in height.
(Ord. 82-1. Passed 2-16-82.)
1187.10 SIGN SETBACK REQUIREMENTS.
(Ord. 82-1. Passed 2-16-82.)
1187.11 INCREASED SETBACK.
For every square foot by which any on-premises sign exceeds fifty square feet, the setback shall be increased by one-half foot but need not exceed one hundred feet.
(Ord. 82-1. Passed 2-16-82.)
1187.12 SETBACKS FOR OFF-PREMISES SIGNS.
If a setback line is not established for the appropriate zoning district, off-premises signs shall be set back a minimum of twenty feet from the right-of-way line. In addition, regulation of signs along interstate and primary highways shall conform to the requirements of Ohio R. C. Chapter 5516 and the regulations adopted pursuant thereto.
(Ord. 82-1. Passed 2-16-82.)
1187.13 SETBACKS FOR PUBLIC AND QUASIPUBLIC SIGNS.
Real estate signs and bulletin boards for a church, school or any other public, religious or educational institution may be erected not less than ten feet from the established right-of-way line of any street or highway provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
(Ord. 82-1. Passed 2-16-82.)
1187.14 SPECIAL YARD PROVISIONS.
On-premises signs where permitted shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except that in any residential district, on-premises signs shall not be erected or placed within twelve feet of a side or rear lot line. If the requirements for a single side yard in the appropriate zoning district is more than twelve feet, the latter shall apply.
(Ord. 82-1. Passed 2-16-82.)
1187.15 TEMPORARY SIGNS.
Temporary signs not exceeding fifty square feet in area, announcing special public or institutional events, the erection of a building, the architect, the builders, or contractors may be erected for a period of sixty days plus the construction period. Such temporary signs shall conform to the general requirements in Sections 1187.10 to 1187.13 and, in addition, such other standards deemed necessary to accomplish the intent of this chapter as stated in Section 1187.01.
(Ord. 82-1. Passed 2-16-82.)
1187.16 WALL SIGNS PERTAINING TO NONCONFORMING USES.
On-premises wall signs pertaining to a nonconforming use shall be permitted on the same premises of such use, provided the area of such sign does not exceed twelve square feet.
(Ord. 82-1. Passed 2-16-82.)
1187.17 POLITICAL SIGNS.
No political sign shall be posted in any place or in any manner that is destructive to public property upon posting or removal. No political sign shall be posted in a public right of way nor shall any such sign be posted on a utility pole. No political sign shall be posted more than sixty days before an election. All candidates for public office, their campaign committees, or other persons, responsible for the posting on public property of campaign material shall remove such material within two weeks following election day.
(Ord. 82-1. Passed 2-16-82.)
1187.18 CORPORATE LIMIT SIGNS.
Signs established by the Municipality designating its boundaries and providing information which may be useful to persons traveling into the community. Corporate limit signs may include the signs of nonprofit churches, civic organizations and the like, provided such signs are established in accord with regulations established by the Village.
(Ord. 82-1. Passed 2-16-82.)
1187.19 SUPPLEMENTARY REGULATIONS.
(a) No sign shall be erected closer than fifty feet to any intersection, with the exception of those signs incidental to the legal process and necessary to the public welfare or those business signs attached to a building or structure.
(b) All signs erected within 200 feet of any intersection must be erected so as not to obstruct traffic sight lines at street intersections or railroad grade crossings.
(c) Service station and restaurant signs located within 660 feet of a freeway and orientated to traffic utilizing such freeway, shall be permitted a maximum height of fifty feet as measured from the center line elevation of the freeway to which they are orientated and subject to sign area restrictions as specified under Free Standing Sign provisions.
(Ord. 82-1. Passed 2-16-82.)
1187.20 SIGN PERMIT APPLICATION AND FEES.
(a) No sign regulated by the Zoning Ordinance may be erected, painted, installed, or otherwise established in the Village without a permit, therefore, which permit shall be obtained through the office of the Building Inspector. All sign permits with the exception of political advertising permits, shall bear a fee of fifty cents ($.50) for each square foot of message area; except, however, that permits issued for signs already in place at the time of permit application shall bear a fee of one dollar ($1.00) for each square foot of message area. No fee shall be charged for a political advertising permit.
(b) No permit shall be required for real estate signs of ten square feet or less, or for domestic advertising signs.
(Ord. 82-1. Passed 2-16-82.)
1187.21 ENFORCEMENT RESPONSIBILITY.
Enforcement of the Zoning Ordinance shall be the responsibility of the Building and Zoning Inspector, and such other appropriate personnel as may be designated by the Mayor.
(Ord. 82-1. Passed 2-16-82.)
1187.22 REMOVAL OF UNLAWFUL SIGNS.
(a) Any sign which violates the provisions of the Zoning Ordinance is a public and private nuisance, and the Building and Zoning Inspector shall give ten days notice by personal service or by registered or certified mail, to the owner or lessee of the land on which such sign is located, to remove such sign.
(b) If any such sign has not been removed on or before the expiration of days following the receipt of the notice by the owner of lessee of the land upon which the sign is located, the Building and Zoning Inspector or any of his duly authorized agents may enter upon the premises and remove, obliterate or abate the sign. The cost of such removal, obliteration or abatement shall be then certified to the City law director for collection by civil action against the owner and/or lessee of the land upon which the sign is located.
(c) Notice to the owner or lessee shall not be required prior to the removal of an unlawful sign which, in the opinion of the Building and Zoning Inspector, creates an immediate or potential danger to persons or property due to structural deficiencies or inadequate maintenance; nor shall notice be required prior to removal of a sign which, in the opinion of the Zoning and Building Inspector creates an immediate or potential danger to persons or property because of its location.
(Ord. 82-1. Passed 2-16-82.)
1189.01 PURPOSE.
The purpose of this Chapter is to allow owners and occupiers of land with structures built up against or close to the public right-of-way the possibility of obtaining a temporary use permit for canopies, awnings, marquees, and signs that overhand or project over or into a public right-of- way. Hazards caused by such encroachments must be limited. Further, legal title to the public right-of-way must be preserved for the public. (Ord. 2001-04. Passed 3-15-01.)
1189.02 SCOPE.
This Chapter is limited to canopies, awnings, marquees, and signs that overhang or project over or into a public right-of-way, irrespective of whether legal title to the land has been fully dedicated to the public or whether legal title to the land is merely subject to the public right-of- way. (Ord. 2001-04. Passed 3-15-01.)
1189.03 STANDARDS.
Canopies, awnings, marquees, and signs that overhang or project over or into a public right-of-way must meet the following standards:
(a) It must be attached to a building or other structure not located within the public right-of-way in a secure and safe manner, and it shall not use vertical uprights for support.
(b) It shall not project over or into the public right-of-way more than sixty percent of the distance between the outside limit of the public right-of-way (usually the property line) and the curb line of a public street or alley, nor be nearer to the curb line of a public street or alley, extended vertically, than three feet.
(c) It shall have a vertical clear space of not less than nine feet below all parts of its overhang or projection to ground level.
(d) It shall have a maximum height of thirty-five feet above ground.
(e) It shall otherwise comply with Zoning Ordinance requirements and shall not interfere with the safety of motorists using a public street or alley.
(Ord. 2001-04. Passed 3-15-01.)
1189.04 TEMPORARY USE PERMITS.
(a) All existing canopies, awnings, marquees and signs that overhang or project over or into a public right-of-way and which do not encroach into or upon the paved portion of a public street or alley are herein presumed to exist on March 19, 1984, or earlier, and are to be treated under Section 909.01 of the Lewisburg Codified Ordinances as having a temporary use permit. The Zoning Inspector shall work with all owners and occupiers of land within the Village to make a reasonably accurate record of said existing canopies, awnings, marquees, and signs that overhang or project over or into a public right-of-way. Owners and occupiers of land on said record need not comply with the remaining provisions of this Section.
(b) All future to be erected canopies, awnings, marquees, and signs that overhang or project over or into a public right-of-way must first receive a temporary use permit from the Zoning Inspector.
(c) The Zoning Inspector shall prescribe an application form to insure that the standards contained in Section 1189.03 will be met by applicants for temporary use permits.
(d) Owners and occupiers of land may apply for temporary use permits on said application form accompanied by a fee of ten dollars ($10.00); however, when occupiers of land apply, the owners must co-sign the application form.
(e) Upon receipt of a temporary use permit, the owners and occupiers of land shall erect the canopy, awning, marquee, or sign within thirty days of receiving said permit or said permit will be void. Upon inspection and final approval by the Zoning Inspector, the temporary use permit shall be fully valid, subject to the terms and conditions of this chapter.
(Ord. 2001-04. Passed 3-15-01.)
1189.05 INSURANCE AND RELEASE AND INDEMNITY AGREEMENT.
(a) Owners and occupiers of land receiving new temporary use permits under this ordinance must maintain a policy of liability insurance covering any canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way during the entire time period said permit is in effect. Liability limits on said policy shall be a minimum of one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) per incident, and a copy of the proof of said policy and its current effectiveness shall be on file with the Village.
(b) Owners and occupiers of land receiving new temporary use permits under this chapter shall sign a release and indemnity agreement agreeing to release, indemnify, and save harmless the Village from any and all damages, loss, liability, judgments, costs, expenses, and/or attorney fees the Village may incur or suffer by reason of the granting of said temporary use permit or by reason of the existence and use of said canopy, awning, marquee, or sign. Said agreement may be on a form prescribed by the Zoning Inspector.
(Ord. 2001-04. Passed 3-15-01.)
1189.06 ABATEMENT.
(a) The Zoning Inspector may order and have completed at Village cost, with or without notice to the offending party, and with or without the offending party’s consent, the abatement, demolition, and/or removal of any canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way that is hereinafter erected without a temporary use permit or is erected in violation of the standards contained in Section 1189.03. Following abatement, demolition, or removal, a temporary use permit shall not be granted to the offending party to again erect any canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way unless the offending party first reimburses the Village for the cost of abatement, demolition, and/or removal.
(b) The remedy contained in Paragraph (a) of this section shall be an additional remedy to all other remedies allowed by law or by the Zoning Ordinance.
(Ord. 2001-04. Passed 3-15-01.)
1189.07 PRESERVATION OF PUBLIC RIGHTS.
(a) Temporary use permits granted under this chapter shall not be construed as being permanent in nature. Public title to and usage of its right-of-ways for street and other public purposes shall remain superior to temporary use permits.
(b) Temporary use permits may be terminated in any of the following ways:
(1) By agreement between the permit holders and the Village under mutually agreeable terms.
(2) By Council repealing Section 909.01 of the Lewisburg Codified Ordinances and/or this chapter.
(3) By appropriation or other legal remedy requiring Court action.
(4) By public hearing and order of Council under Section 1189.08.
(Ord. 2001-04. Passed 3-15-01.)
1189.08 HEARING ON PUBLIC NEED AS TO RIGHT-OF-WAY.
(a) Whenever a permitted temporary use of a public right-of-way is a public nuisance or a real obstruction or menace to the public use of said right-of-way or whenever said use would interfere with a proposed public use or purpose of said right-of-way, Council may set and conduct a public hearing to determine whether or not a temporary use permit should be terminated and whether or not the temporarily permitted canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way should be terminated or abated.
(b) Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the Village at least thirty days before the date of the hearing. The published notice shall set forth the time and place of the public hearing and a summary of what the hearing is about. The same written notice shall be sent to all temporary use permit holders to be affected by the result of the hearing by both first class mail, return receipt requested, at least twenty days before the date of hearing, and by regular mail, at least twenty days before the date of hearing. The Village Clerk or Zoning Inspector shall handle and keep a record of the publication and mailing(s). Failure of delivery on either or both mailings shall not invalidate any action of the Village Council following or at said hearing.
(c) If Council terminates a temporary use permit and orders the abatement of a canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way, the Zoning Inspector shall cause such order to be carried out at the Village’s cost no earlier than forty days from the date of said order. (Ord. 2001-04. Passed 3-15-01.)
1191.01 GENERAL.
It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses posse characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Chapter 1139
to 1183
shall follow the procedures and requirements set forth in Sections 1191.02
and 1191.03
.
(Ord. 82-1. Passed 2-16-82.)
1191.02 PROCEDURES FOR MAKING APPLICATION.
(a) Contents of Application for Conditional Use Permit. An application shall be submitted to the Board of Zoning Appeals and it shall contain the following data.
(1) Name, address and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Zoning district.
(5) Description of proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.
(7) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; and discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Zoning District Map.
(8) The fee payment for Conditional Zoning permits.
(b) Review by Board of Zoning Appeals. The Board of Zoning Appeals shall review the proposed development as presented on the submitted plans and specifications in terms of the standards established in the Zoning Ordinance. Such review shall be completed and a public hearing held according to the procedures specified in Sections 1121.06
to 1121.08
within a sixty day period following the submission of such application.
(c) Action by the Board of Zoning Appeals. Within thirty days after the public hearing required in subsection (b) hereof, the Board shall either approve, approve with supplementary conditions as specified in Section 1123.05
, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in the manner specified in Section 1125.08
.
(d) Issuance and Revocation of Conditional Use Permit. Only upon conclusions of hearing procedures relative to a particular application may the Board of Appeals issue a Conditional Use Permit. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as specified in Section 1119.99
.
(e) Expiration of Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years.
(f) Reapplication. No application for a Conditional Use Permit which had been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Board of Zoning Appeals.
(Ord. 82-1. Passed 2-16-82.)
1191.03 STANDARDS AND REQUIREMENTS FOR CONDITIONAL USES.
The Board of Zoning Appeals shall establish beyond reasonable doubt that both the general standards and the specific requirements pertinent to each conditional use indicated herein shall be satisfied by the establishment and operation of the proposed conditional use. The Board of Zoning Appeals may also impose such additional conditions, guarantees, and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of the Zoning Ordinance will be observed.
(a) General Requirements. The Board of Zoning Appeals shall review the particular facts and circumstance of each proposed use in terms of the following standards and shall find adequate evidence that such use on the proposed location:
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village comprehensive plan and/or the Zoning Ordinance.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss, or damage of natural, scenic, or historic feature of major importance.
(b) Specific Guidelines for Conditional Uses and Selected Permitted Uses. Following is a list of guidelines for conditional and permitted uses as specified in the respective district regulations contained within Chapters 1139
to 1159
as well as any additional requirements cited within the respective Zoning District:
(1) Churches.
A. Minimum lot width shall be 150 feet.
B. Minimum lot area shall be two acres.
C. For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the District, an additional (to the minimum) foot of front, side or rear yard setback shall be provided.
D. The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare, or major thoroughfare.
(2) Drive-in, fast-food, and carry-out restaurants.
A. All points of entrance or exit should be located no closer than 100 feet from the intersection of two arterial thoroughfares, or no closer than fifty feet from the intersection of an arterial street and a local or collector street.
B. No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.
C. Each business shall be limited to two driveways. The maximum width of which shall not exceed thirty feet and which shall be defined by concrete or rolled curbing. Driveways opening on traffic lanes leading to the intersection of surface streets at which the business is situated shall be located as to provide not less than forty feet spacing between the intersection formed by the adjacent street right of way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than twenty feet spacing between the intersection formed by the adjacent street right of way lines and nearest side of such driveways, measured along the right of way line. In the event the lineal frontage of the site exceeds 300 feet, three driveways shall be permitted with one additional drive permitted per 100 lineal feet thereafter.
D. Wherever feasible, the applicant is encouraged to design and construct a common service drive to accommodate individual access drives within the development. When located upon an arterial thoroughfare, the Board of Appeals may require such service drives be incorporated within the plan, and be constructed or performance bonds in lieu of such construction be presented to the Village prior to the issuance of a building permit for the proposed structures.
E. All permitted installations shall be kept in a neat and orderly condition so as to prevent injury to any single property, any individual, or to the community in general.
F. A setback of fifty feet shall be provided along the entire perimeter of the development, except where it adjoins a Business or Industrial District in which case setback and screening requirements shall be at the discretion of the Board of Appeals. Where situated adjacent to a residentially zoned area, a minimum of twenty feet along the exterior property line shall be planted with an evergreen hedge or planting of evergreen shrubs not less than four feet in height at the time of planting. Open storage, service, and loading areas shall be screened by walls, fences, or other enclosures at least six feet but not more than eight feet in height. These walls, fences, or enclosures shall have an opaqueness of seventy-five percent (75%) or more. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection. The sight-proof screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if the business is effectively screened by natural topography. The Board of Appeals shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.
G. Parking may be located in the front yard in the case of fast-foods or carryout restaurants only.
(3) Drive-in theater.
A. The lot location shall be such that at least one property line abuts a major thoroughfare and shall be at least 1,000 feet from any residentially zoned District.
B. The premises shall be enclosed with a solid screen fence seven feet in height.
C. All points of entrance or exit shall be located no closer than 250 feet to any intersection (as measured to the nearest intersection right of way line).
D. The interior of the premises shall be designed with respect to lighting, drainage and like, to the satisfaction of the Planning Commission.
E. Space shall be provided, on-premises, for a reasonable amount of waiting vehicles to stand at the entrance to the facility.
F. The theater screen shall not face, directly, or obliquely by less than 75 degrees, a major thoroughfare.
G. Acceleration and deceleration lanes shall be provided at points of public ingress and egress to the site.
(4) Hotel, motel, motor court.
A. Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. Only one exit to the major thoroughfare shall be permitted.
B. Where the front yard is used to provide access, a twenty-five foot wide greenbelt shall be provided along the front property line, except for drive openings.
C. Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.
(5) Bowling alley, indoor skating and similar uses.
A. Public access to the site shall be located at least seventy-five feet from any intersection (as measured from the nearest right-of-way line to the edge of the access.)
B. The main and accessory buildings shall be located a minimum of 100 feet from any residential use.
(6) Mortuary.
A. Minimum lot area shall be one acre.
B. A well designed and landscaped off-street vehicle assembly area shall be provided to be used in support of funeral procession activity. This area shall be in addition to required off-street parking area or its related maneuvering space.
C. A caretaker's residence may be provided within the main building.
(7) Child care centers, nursery school, day nurseries.
A. No dormitory facilities permitted.
B. For each child cared for, there shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor play area, minimum total area of 5,000 square feet per facility.
C. The outdoor play area shall be fenced in or screened by a heavily planted greenbelt from any abutting residential uses.
(8) Convalescent Homes (other than those facilities regulated by provisions under subsection (b)(18) hereof).
A. Minimum lot size shall be three acres.
B. The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare or major thoroughfare. The ingress and egress for off-street parking areas for guests and patients shall be directly from such thoroughfare.
C. The main and accessory buildings shall be set back at least seventy-five feet from all property lines.
D. The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used.
This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.
(9) Kennels for dogs.
A. All dog kennels shall be operated in conformance with all applicable County and State regulations, permits being valid no longer than one year.
B. For dog kennels, the minimum lot size shall be two acres for the first four dogs and an additional one-third acre for each one additional dog.
C. Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to any adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.
D. All such facilities shall be subject to such other requirements deemed necessary to insure against the occurrence of any possible nuisance (i.e. fencing, sound-proofing, sanitary requirements).
(10) Animal hospitals.
A. Minimum main and accessory building setback shall be seventy-five feet from the front property line and fifty feet from all other property lines.
B. All principal use activities shall be conducted within a totally enclosed main building.
(11) Vehicle wash establishment.
A. Minimum lot size shall be 10,000 square feet.
B. All washing activities must be carried on within a building.
C. Vacuuming activities may be carried out only in the rear yard and at least fifty feet distant from any adjoining residential use.
D. The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.
(12) Private clubs and lodges.
A. The lot shall be located so as to abut a collector street, secondary thoroughfare, or major thoroughfare with at least one property line.
B. Retail sales to guests only may be permitted, but there shall be no externally visible evidence of a commercial activity, however incidental, nor any access to any space used for commercial activity from other than within the building.
(13) Home occupation.
A. The use shall be secondary in importance to the use of the dwelling for dwelling purposes.
B. The use shall be conducted by the occupant with no employees.
C. The use shall be carried on entirely within the dwelling and not in an accessory building.
D. The home occupation shall not occupy more than twenty percent (20%) of the floor area of the dwelling unit.
E. The use shall not constitute primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere.
F. No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.
G. For purposes of identification of a home occupation, there shall be no more than one non-illuminated sign not to exceed two square feet in area and attached flat against a building wall.
H. The proposed use shall not generate noise, odor, dust, smoke, electromagnetic interference, or vehicular or pedestrian traffic in an amount which would tend to depreciate the residential character of the neighborhood in which the proposed use is located.
(14) Commmercial television, radio, public utility and microwave towers.
A. Such use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of the tower to all points on each property line.
B. Unless specifically waived by the Board of Appeals, an open air fence between four and six feet in height shall be constructed on the boundary property lines.
(15) Development of natural resources and extraction of raw materials such as rock, gravel and sand, all provided that the following minimum conditions shall be complied with:
A. There shall be filed with the Zoning Inspector a location map which clearly shows areas to be mined and the location map adjacent properties, roads, and natural features.
B. Dimensional requirements for quarries shall be as specified below:
Required minimum distance from ad- jacent property that is zoned: | Residential or Office or Business (ft.) | Industrial (ft.) |
To any building | 200 | 100 |
To any crushing of rock, or processing of stone, gravel or other material | 300 | 200 |
To any blasting | 500 | 400 |
C. No excavation shall approach nearer than 300 feet to any residential district; 100 feet to a major traffic street; or nearer than sixty feet to any other street.
D. Information shall be submitted on the anticipated depth of excavations and on depth and probable effect upon the existing water table and coordinated with the Ohio Division of Water.
E. A permit for any quarrying may be issued for any period of from one to five years, at the discretion of the Board of Appeals, but the same shall not be issued until after the applicant shall have filed with the Village Clerk a bond with surety satisfactory to both the Village and the attorney for the Village as to form, sufficiency and execution. Such bond shall be in the amount of one thousand dollars ($1,000) per acre for each acre of land to be used for the operations set forth in the application and shall guarantee that the applicant will conform with the terms of the permit for the operations and with all other provisions of this chapter applying to such operations.
F. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this chapter, the time limit of such permit may be extended by the Zoning Inspector for successive further periods each equal to the period for which the permit was originally issued, but not beyond any final limit, shall be subject to the filing of a new application to the Board of Appeals and the issuance of a new permit, as in the first instance.
G. When any open excavation will have a depth of ten feet or more, a substantial fence shall be erected at least fifty feet outside the edge of the excavation, which fence shall be at least six feet in height, with suitable gates effectively controlling access to the area in which such excavation is located.
H. All means of access to the property from any street shall be so located and designed as to avoid the creation of dangerous or otherwise undesirable traffic conditions and so as to avoid the routing of vehicles to and from the property over streets that primarily serve abutting residential development.
I. Side slope of the excavation shall be no steeper than two horizontal to one verticle, and a vegatative cover of such slopes shall consist of a short perennial drought resistant grass which will permit the establishment of a good sod cover.
J. All operations shall be conducted in a safe manner, with respect to likelihood of hazard to persons, physical damage to adjacent land or improvements and damage to any sinking or collapse.
K. All equipment and machinery shall be operated and maintained in such manner as to minimize dust noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the Village Engineer.
L. The quarry and all its buildings, pits and processing equipment shall be effectively screened from the view of any adjoining property in a Residential District with a fence or durable masonry wall six feet in height or natural planting of comparable opacity at least six feet in height.
M. All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 5:00 p.m.
N. Filing with the Village Clerk of a restrictive covenant providing that no foreign matter, such as rubbish, car bodies, refuse, etc., shall be deposited within the excavation area. Such covenant shall be approved as to the form by the attorney for the Village, binding upon the applicants, their heirs, successors or assigns.
O. There shall be filed with the Board of Appeals a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs or grass to be planted, and the location of the future roads, drives, drainage courses, or other improvements contemplated.
P. The following requirements shall be met in the Restoration Plan:
1. All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and non-combustible solids, to secure:
a. That the excavated area shall not collect and permit to remain therein stagnant water, or,
b. That the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. The banks of all excavations not backfilled shall be sloped which shall not be less than three feet horizontal to one foot vertical and such bank shall be seeded.
2. All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes of grasses and maintained until the soil is stabilized and approved by the Village Zoning Inspector.
3. All equipment and structures shall be removed within three months of the completion of the extraction of materials.
Q. There shall be filed with the Village Clerk a bond, payable to the Village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by ordinance of Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
(16) Sanitary landfills.
A. All sanitary landfill sites shall be subject to approval by the County Health Department.
B. A topographic map showing the design of the sanitary landfill site at a scale of not over 200 feet to the inch and with five foot contour intervals shall be submitted with the application.
C. The applicant shall submit information describing the geological characteristics of the site.
D. The site shall be limited to areas where water pollution will not occur. The Board of Appeals may impose any conditions it deems necessary to prevent water pollution.
E. The site shall be accessible from at least two directions.
F. The site shall be so located as to minimize the effect of winds carrying objectionable odors to urbanized or urbanizing areas.
G. The sanitary landfill site shall be designed by a qualified expert and submitted to the County Health Department for approval.
H. Suitable shelter for landfill equipment shall be provided.
I. Suitable shelter and sanitary facilities shall be provided for personnel.
J. Suitable measures shall be taken to control fires.
K. An attendant shall be on duty, during the time the sanitary landfill is open, to supervise the unloading of refuse.
L. Blowing paper shall be controlled by providing a portable fence near the working areas. The fence and area shall be policed regularly.
M. Sewage solids or liquids and other hazardous materials shall not be disposed on the site.
N. There shall be no open storage or burning of refuse or garbage.
O. No bulky items such as car bodies, refrigerators, and large tires shall be disposed on the site.
P. Refuse shall be spread and compacted in shallow layers not exceeding a depth of two feet of compacted material.
Q. A compacted layer of at least six inches of suitable cover material shall be placed on all exposed refuse by the end of each work day.
R. In all but the final layer of a landfill, a layer of suitable cover material compacted to a minimum depth of one foot shall be placed daily on all surfaces of the fill except those where operations will continue on the following working day.
S. A layer of suitable cover material compacted to a minimum thickness of two feet shall be placed over the entire surface of each portion of the final layer not later than one week following the placement of refuse within that portion.
T. Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner.
U. Suitable measures shall be taken whenever dust is a problem.
V. The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rain water falling on the fill, and to prevent the collection of standing water.
W. An inspection of the entire site shall be made by a representative of the County Health Department before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded, and uneven areas in the final cover during the year following completion of the fill.
X. Domestic animals shall be excluded from the site.
(17) Automobile service stations, repair garages, filling stations.
A. The use of the site shall be restricted to those functions related to the servicing and maintenance of automotive vehicles. The use of the site for non-automotive service and maintenance functions such as used car sales, trailer rental and the like shall be prohibited except where specifically provided for and approved as part of the Building Permit. The Board of Appeals shall have the authority to permit such uses for existing service stations only where the use can be adequately accommodated and the public interest served.
B. Outdoor display of merchandise on the site shall be restricted to the following:
1. Small supplies at the pump island of lubricating oils, additives, antifreeze, windshield wiper blades and similar items.
2. Tire displays and vending machines if located within or immediately adjacent to the perimeter of the service station building.
3. All other merchandise shall be located completely within the enclosed service station building.
C. All hydraulic hoists, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.
D. Minimum lot area shall be 15,000 square feet for an automobile service station or public garage and 12,000 square feet for a filling station.
E. Minimum lot width shall be 120 feet for a public garage or automobile service station and 100 feet for a filling station.
F. An automobile service station shall be located not less than forty feet from any right-of-way line and not less than twenty-five feet from any side or rear lot line abutting residentially used property.
G. Ingress and egress drives shall not be more than thirty feet as measured at the property line.
H. No more than one curb opening shall be permitted for every fifty feet of frontage (or major fraction thereof) along any street, with a maximum of two per frontage.
I. Driveways opening on traffic lanes leading to the intersection at which the business is situated shall be located as to provide not less than forty feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than twenty feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line.
J. Exterior lighting shall be directed inward and away from abutting properties.
K. External areas for storage of rubbish and other discarded materials shall be completely screened by the use of a properly maintained rigid fence.
L. All parking and loading areas abutting residentially zoned land shall be completely screened with sight-proof screening with either of the following:
1. A solid masonry wall or solid fence not less than four feet nor more than six feet in height.
2. Densely planted evergreen hedge or evergreen shrubs not less than four feet in height at time of planting to be located on a strip of land, not less than twenty feet in width. Such grass strips and shrubs shall be maintained in good condition.
This standard is not mandatory when the business is separated from the residential property by a public street. Such sight-proofing screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if the business is effectively screened by natural topography. The Board of Appeals shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.
M. A raised curb six inches high and six inches wide shall be constructed along all street frontages, except within driveway openings, and shall form an island having a minimum width of two feet. Such areas shall be landscaped by use of either of two foot berm, or landscape material two feet in height at installation with proper setback for safety. All such landscaped areas shall be adequately protected by a raised curb of not more than six inches in height, or a bumper guard.
(18) Community Based Residential Social Services Facilities.
A. Submission requirements. The operator or agency applying for a Conditional Use Permit to operate a Community Based Residential Social Service Facility shall submit the following information to aid the Board of Appeals in their review of the requested facility:
1. Information sufficient to establish the need for the facility in the proposed location, in relationship to the specific clientele served.
2. Identification of similar facilities presently existing within the County and its municipalities.
3. A license or evidence of ability to obtain a license, if such is required, from the pertinent governmental unit prior to operation. Prior to the issuance of a final Certificate of Occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for the proposed special use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
4. A copy of the sponsoring agency's operational and occupancy standards.
5. A detailed plan for services and programs.
B. Facility requirements.
1. Every room occupied for sleeping purposes within the home shall contain a minimum of eighty square foot of habitable room area for one occupant, and when occupied by more than one shall contain at least sixty square foot of habitable room area for each occupant.
2. Suitable space shall be provided for indoor and/or outdoor recreational activities for the clientele served, based upon generally accepted recreational standards or those specified by the licensing authority.
3. No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures prepared shall be of compatible residential design with the surrounding neighborhood, to the degree possible.
4. Off-street parking requirements: One space per every three persons residing in a family or Community Based Residential Social Service Facility except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which one-street parking is accepted practice, on-street space directly abutting the subject lot may substitute for a proportion of the required off-street spaces if approved by the Board of Appeals.
5. Resident density shall not exceed that density permitted within the respective zoning district in which the facility is proposed.
C. Findings by the Board of Appeals. In its review of each proposed facility, the Board of Appeals shall make specific findings of fact relative to the following criteria. The proposed facility:
1. Is in fact a community based residential social service facility licensed by the appropriate authority to provide such service within the State (and the Village.) If such licensing is not available, a verified affidavit so stating has been presented to document this statement.
2. Is in fact a needed facility in the location proposed, based upon evidence acceptable to the Board of Appeals.
3. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or officially planned uses in the general vicinity and that such use will not change the essential character of the same area. In this regard, it does not contribute to a concentration of such facilities in the respective area.
4. Will not be hazardous or disturbing to existing or officially planned future neighboring uses from the standpoint of noise, lights, congestion or traffic generation which would be incompatible with the neighborhood environment.
5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
6. Will not involve uses, activities and conditions of operation that will be detrimental to any persons, property, or the general welfare.
7. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(Ord. 82-1. Passed 2-16-82.)
1195.01 PURPOSE.
This Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. Within such established districts as well as those which may be established by future amendments, there are and will be lots, uses of land, structures and uses of structures and land in combination which were lawful before the Zoning Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of the Zoning Ordinance or future amendments. Since such nonconformities are deemed incompatible with the districts in which they are located, it is the intent of this article to specify those circumstances and conditions under which such nonconformities shall be permitted to continue, but not to encouraged their survival. Rather, it is the intent of the Zoning Ordinance to encourage either for the conversion of nonconforming uses into conforming uses as soon as reasonably possible or for their eventual and equitable elimination.
(Ord. 82-1. Passed 2-16-82.)
1195.02 RESTRICTIONS ON NONCONFORMING BUILDING, STRUCTURES AND USES.
(a) General. Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the Zoning Ordinance and which remains nonconforming, as well as any which shall become nonconforming, upon any subsequent amendments thereto, may be continued but shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. No additional signs intended to be seen from off the premises shall be utilized in conjunction with nonconforming uses of land or structures which shall be permitted upon passage of the Zoning Ordinance.
(b) Single Nonconforming Lots of Record. In any district in which single-family dwellings are pemitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the Zoning Ordinance, notwithstanding limitations imposed by other provisions of the Zoning Ordinance. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements listed in Chapters 1139
to 1183
other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in Sections 1123.04
through 1123.09
.
(c) Nonconforming Lots of Record in Combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the Zoning Ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of the Zoning Ordinance and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot widths and area requirements established by the Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in the Zoning Ordinance.
(d) Nonconforming Uses of Land. Where, at the time of adoption of the Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by the Zoning Ordinance the uses may be continued so long as they remain otherwise lawful, provided:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Zoning Ordinance.
(2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of the Zoning Ordinance.
(3) If any such nonconforming uses of land are discontinued or abandoned for more than six months (except when government action impeded access to the premises), any subsequent use of such land shall conform to the regulations specified by the Zoning Ordinance for the district in which such land is located.
(4) No additional structure not conforming to the requirements of the Zoning Ordinance shall be erected in connection with such nonconforming use of land.
(e) Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the Zoning Ordinance that could not be built under the terms of the Zoning Ordinance by reason of restriction on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(2) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of the Zoning Ordinance.
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(f) Nonconforming Uses of Structures or of Structures and Land in Combination. If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of the Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by the Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Ordinance, but no such use shall be extended to occupy any land outside such building;
(3) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of the Zoning Ordinance.
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superceded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for more than two years, (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(6) Where nonconforming uses status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(g) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(h) Displacement. No nonconforming use shall displace a conforming use.
(i) Change in Use. A nonconforming use may be changed to another nonconforming use provided that the Board of Appeals determines that the proposed nonconforming use is less in conflict with the character and intent of the zoning district than the existing nonconforming use.
(j) Nonconforming Conditional Uses. Uses existing prior to the enactment of the Zoning Ordinance which are listed as conditional uses in the district in which they are located will be considered as nonconforming uses until a conditional zoning certificate has been applied for and issued for such use.
(k) Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(l) Restoration. Whenever a building, the use of which does not conform to the provisions of the Zoning Ordinance is damaged by fire, explosion, or act of God to the extent of sixty percent (60%) or more or its assessed value, it shall not be restored except in conformity with the district regulations of the district in which it is located.
(m) Discontinuance and Abandonment. Whenever a nonconforming use has been discontinued for a period of six months or more, such discontinuance shall be considered legal abandonment of the nonconforming use. At the end of that six month period, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of the Zoning Ordinance.
(n) Elimination on Nonconforming Signs. Any sign which is nonconforming as to type, location, zoning district, size, setback, or for any other reason (except those signs that are an adjunct to the use of any valid nonconforming building or structure, in which case they shall be regulated by the provisions applicable to such structure) shall be altered, moved, converted, or removed within five years of the date of adoption of the Zoning Ordinance.
(Ord. 82-1. Passed 2-16-82.)
1195.03 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in the Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the Zoning Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
(Ord. 82-1. Passed 2-16-82.)
1197.01 PURPOSE.
The purpose of this chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate adult entertainment businesses, as defined herein, so to prevent crime, to protect the Village’s retail trade and property values, and in general, to preserve the quality of life in the Village and not suppress First Amendment rights of speech.
(Ord. 1997-11. Passed 10-16-97.)
1197.02 DEFINITIONS.
(a) An “adult entertainment business” means an adult bookstore, adult motion picture theater, adult drive-in motion picture theater or an adult-only entertainment establishment as further defined in this section.
(b) An “adult bookstore” means an establishment which utilizes ten percent (10%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(c) An “adult motion picture theater” means an enclosed motion picture theater which is regularly used or utilizes ten percent (10%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(d) An “adult motion picture drive-in theater” means an open air drive-in theater which is regularly used or utilizes ten percent (10%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(e) An “adult-only entertainment establishment” means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyrational choreography of persons totally nude, topless, bottomless or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(f) “Adult material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, videotape, phonographic record or tape, other tangible thing or service, capable of arousing interest through sight, sound or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
(g) “Bottomless” means less than full opaque covering of male or female genitals, pubic area or buttocks.
(h) “Nude or nudity” means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(i) “Topless” means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(j) “Sexual activity” means sexual contact or sexual conduct, or both.
(k) “Sexual contact” means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region or, if the person is a female, the breast, for the purpose of sexually arousing or gratifying either person.
(l) “Sexual excitement” means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(Ord. 1997-11. Passed 10-16-97.)
1197.03 CONDITIONAL USE PERMIT.
No person shall cause or permit the establishment (defined as the opening of a new business, relocation of an existing business or the conversion of an existing business) of an adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with Section 1197.04. In addition, an adult entertainment business shall comply with the following conditional use criteria:
(a) Adult entertainment businesses shall be conditionally permitted only in an “I-1" Light Industrial-Commercial District and shall comply with all regulations within such district.
(b) No adult entertainment business shall be located within 1000 feet of any Village residential district or any residential property line, church, park, preschool or school located within the Village.
(c) No adult entertainment business shall be permitted in a location which is within 1000 feet of another adult entertainment business.
(Ord. 1997-11. Passed 10-16-97.)
1197.04 PERMIT GUIDELINES.
An adult entertainment business shall be issued a conditional use permit only if the establishment of the business is in accordance with the conditional use permit standards as set forth in Chapter 1191, as well as the rules and regulations of this chapter.
(Ord. 1997-11. Passed 10-16-97.)