Lexington City Zoning Code

TITLE ONE

Zoning Districts and Regulations

1105.01 TITLE.

Titles One and Three of this Part Eleven of the Codified Ordinances shall be known and may be cited as the Lexington Zoning Code.

1105.02 PURPOSE.

The purpose of this Zoning Code is to provide planning standards, criteria, procedures, and regulations for the use of land in the Village of Lexington in order to most effectively insure and preserve the public health, safety, convenience, comfort, and general welfare of the residents of the Village.

1105.03 RULES OF CONSTRUCTION.

(a) The particular shall control the general.

(b) In case of any different of meaning or implications between the provisions of this Zoning Code and any caption or illustration, the provisions shall control.

(d) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:

(1) "And" indicates that all connected items, conditions, provisions, or events shall apply.

(2) "Or" indicates that the connected items, conditions, provisions, or events may apply.

(3) "Either/or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

(e) Terms not herein defined shall have the meaning customarily assigned to them.

1105.04 DEFINITIONS.

For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"ABUTTING, ADJACENT, OR ADJOINING" -- Having a common border with or being separated from such a common border by a right-of-way, alley, or easement.

"ACCESSORY BUILDING" or "USE" -- A use or building which is clearly incidental and subordinate to, and located on the same lot as, the principal use or building. The term includes, but is not limited to, the following:

(1) Residential accommodations for servants, caretakers, or night watchmen.

(2) Off-street parking and loading spaces, open or enclosed, subject to the off-street parking and loading regulations of the zoning district in which the lot is located.

(3) Swimming pools for the use of the occupants of a residence or their guests.

(4) Storage of goods used in or produced by business or industrial activities.

(5) Storage of merchandise normally carried on in connection with a residence, business, or industrial use, unless such storage is excluded from the applicable provisions of the district regulations.

(6) Storage of goods used in or produced by industrial uses or related activities unless such storage is excluded in the applicable district regulations.

(Ord. 98-44. Passed 10-8-98.)

(7) Play or recreation equipment such as swing sets, gym sets, climbing apparatus, jungle gyms, play houses or buildings, trampolines, basketball, soccer or hockey goals and similar play or recreation equipment.

(Ord. 02-04. Passed 2-4-02.)

"ADJACENT" -- See "ABUTTING OR ADJACENT, ADJOINING"

"ADULT DAY CARE CENTER" -- A building or portion of a building where adults who do not otherwise have the capacity to take care of themselves are cared for during daytime hours with no overnight accommodations. Adults being cared for at this type of center generally do not leave the facility without the assistance of the primary care giver or employees of the facility.

"ADULT ENTERTAINMENT FACILITIES" -- Those facilities which may include one or more of the following:

(1) Adult Bookstore: An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

(2) Adult Cabaret: A nightclub, bar restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(3) Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

"ADULT GROUP RESIDENTIAL FACILITIES" -- A group of individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under supervision of on-site management which is compensated by payment to providing organization and stability to those individuals. The individuals are usually not informed and may be capable of leaving the premises without assistance. Adult Group Residential Facilities does not include nursing homes where the individuals are informed.

"AGRICULTURE" - The use of land for floriculture, horticulture, viticulture including the growing of grain, and the necessary accessory uses for packing, treating, or storing produce; provided the operations of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the raising of animals.

"ALLEY" -- A public right-of-way which usually affords a secondary means of access to abutting property and not intended for general traffic circulation.

"ALTERATION" -- Any change, addition, alteration, or rearrangement in construction or type of occupancy, or change in the structural parts of a building such as walks, windows, partitions, columns, or girders, or the moving from one location or position to another.

"APARTMENT" -- See "DWELLING, MULTIPLE FAMILY"

"BASEMENT" -- That portion of a building which is entirely below or partially below and partially above ground level, and so located that the vertical distance from the grade to the floor below is more than the vertical distance from the grade to the ceiling above.

"BED AND BREAKFAST OPERATION" -- A dwelling wherein lodging and food is provided by a resident family primarily for transients or those individuals remaining at the dwelling for less than seven consecutive nights as distinguished from a boarding house.

"BOARDING HOUSE" -- An establishment with lodging for two or more persons where meals are regularly prepared and served for compensation and where food is served without service or ordering individual portions from a menu.

"BUILDING" -- Any structure designed, built, or occupied as a shelter for human use or storage which is permanently affixed to the land and has one or more floors and a roof. A

"BUILDING" -- Includes the area closed and unenclosed devoted to porches, stairways, fire escapes, and fixed canopies. When a structure is separated by a fire wall, each such separate portion shall be deemed a separate building. A "BUILDING" shall not include such structures as billboards, fences, radio towers, water towers, smoke stacks, or similar structures with interior spaces not normally accessible for human use.

"BUILDING HEIGHT" -- The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of a mansard roof; and the average height between the eaves and the ridge line of a gable, hip, or gambrel roof. Where a building is located on sloping terrain in excess of 15 percent or the side of a hill, the height shall be measured from the average elevation of the finished grade at the building wall.

"BUILDING LINE" -- A line defining the minimum front, side, and rear yard setback requirements in which no building or structure may be located, except as otherwise provided herein.

"BUILDING, PRINCIPAL" -- The building housing the principal activity performed on a lot.

"CARPORT" -- An accessory building or portion of a main building having a roofed space and at least one side open to the weather, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building.

"CENTRALIZED SEWER SYSTEM" -- The system in which individual lots are connected to a common sewerage collection and the treatment facilities, whether publicly or privately owned, as opposed to a septic system.

"CENTRALIZED WATER SYSTEM" -- The system in which individual lots are connected to a common source of water and the treatment facilities, whether publicly or privately owned, as opposed to individual wells located on a lot.

"CHILD DAY CARE CENTER" -- A building, structure, place, location, or any combination thereof, and other physical property therewith included, used for the purpose of housing and caring for children and infants unaccompanied by parents that are not of school-age or school-aged children during after school hours, but not providing any overnight accommodations. For the purposes of this definition, home-operated child care centers shall include all children that are residents of the home, as well as any children that are non-residents when counting the number of children in regular attendance at a home-operated child care center. Residents that have children, but are not taking care of non-resident children in their home, shall be excluded from the definition of home-operated child care centers.

"CLUB" -- An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.

"CLINIC" -- An establishment where human patients who are not lodged overnight are admitted for examination or treatment by a group of physicians, dentists, or similar professionals.

"CONTIGUOUS" -- Attached or touching.

"COMMUNICATIONS TOWER" -- See "WIRELESS TELECOMMUNICATIONS FACILITY"

"CONVALESCENT or NURSING HOME" -- Any place or abode, building, institution, residence, or home used for the reception and care, for a consideration, of three or more persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves or who are 65 years of age or over, and for which a license, if necessary, has been issued by the Ohio Department of Human Services, or other appropriate agency. Residents of convalescent homes are not normally capable of leaving the premises without assistance from a care giver.

"DAY CARE" (also "DAY CARE FACILITIES") -- See "CHILD DAY CARE CENTER"

"DENSITY" -- The number of dwelling units that can be developed on a given area of land.

"DEVELOPMENT" -- The construction of a new building or other structure on a lot, the relocation of an existing building on another lot, or the use of open land for a new use.

"DISTRICT" -- A portion of the incorporated area of the Village within which certain regulations and requirements or various combinations apply under the provisions of this Zoning Code.

"DRIVE-IN or DRIVE-THROUGH" -- A business establishment that provides a driveway approach and/or and parking spaces for motor vehicles so as to serve patrons while in their motor vehicle rather than within a building or structure.

"DRUG PARAPHERNALIA FACILITIES" -- Any business establishment that sells or trades for any value whatsoever; instruments commonly associated with the sale or use of illegal drugs, such as a bong or smoking device. (Ord. 98-44. Passed 10-8-98.)

"DWELLING" – A building designed or used as the living quarters for one or more families. “Dwelling”, “single-family dwelling”, “two-family dwelling” or “multiple-family dwelling” shall not be deemed to include motel, hotel, or rooming house. A dwelling may include a manufactured home provided it meets all of the following requirements:

(1) The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.

(2) The manufactured home, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least equal to or greater than any minimum dwelling size applicable within the applicable zoning district.

(3) The manufactured home has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.

(4) The manufactured home was manufactured after January 1, 1995.

(Ord. 99-19. Passed 5-3-99.)

"DWELLING, ONE-FAMILY" -- A building designed exclusively for and occupied by one family.

"DWELLING, TWO-FAMILY" -- A building designed exclusively for or converted for occupancy by two families living independently of each other.

"DWELLING, MULTIPLE-FAMILY" -- A building or portion thereof designed exclusively for or converted for occupancy by three or more families living independently of each other. The dwelling units in a "MULTIPLE-FAMILY" dwelling are defined as follows:

(1) Efficiency Unit: A dwelling unit containing at least 350 square feet of floor area, and consisting of not more than one room in addition to a kitchen, dining room, and necessary sanitary facilities.

(2) One Bedroom Unit: A dwelling unit containing a minimum floor area of at least 500 square feet, consisting of not more than two rooms in addition to a kitchen, dining room, and necessary sanitary facilities.

(3) Two Bedroom Unit: A dwelling unit containing a minimum floor area of 700 square feet, consisting of not more than three rooms in addition to a kitchen, dining room, and necessary sanitary facilities.

(4) Three Bedroom Unit: A dwelling unit wherein, for each room in addition to the three rooms permitted for a two-bedroom unit, there shall be provided an additional area of 200 square feet to the minimum floor area of 700 square feet.

"ELDERLY/RETIREMENT HOUSING" -- Housing designed primarily for those who are above the age of 65 for reasons of safety and convenience for the residents. Housing may be single family units or multiple family units, however, in order to be classified as a elderly/retirement housing development, there shall be an entity in place that provides daily assistance to residents.

"ERECTED" -- Built, constructed, altered, reconstructed, moved on, or any physical operation on the premises which are required for construction. Excavation, fill, drainage, and the like shall be considered a part of erection.

"ESSENTIAL SERVICES" -- The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, or collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewer and water pipes, conduit, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health, safety, or general welfare.

"EXCAVATION" -- Includes any breaking of ground, except common household gardening and ground care.

"FAMILY" -- One or more persons living together as a single housekeeping unit, and doing their cooking on the premises, distinguishing from a group occupying a boarding house, lodging house, club, fraternity, hotel or motel, or nursing home.

“FENCE” – Any structure constructed from wood, steel, plastic, or similar material, when erected in such a position so as to enclose a premises or part of any premises. Structures erected for landscaping purposes within close proximity to lot lines, which have solely an ornamental purpose which do not connect and which do not in fact serve the purpose of partly or wholly enclosing the premises or of separating the premises from an adjoining premises shall not be considered to be fences. Fences shall be further defined as follows:

(a) “Privacy fence” means a fence made to inhibit public view and to provide seclusion, and when viewed at right angles, has more than fifty percent (50%) of the area of its vertical plane closed to light or air.

(b) “Open, ornamental fence” means a fence usually constructed from wood, plastic, masonry, stone, and similar materials erected for decorative effect and when viewed at a right angle has less than fifty percent (50%) of its vertical plane closed to light or air. (Ord. 00-04. Passed 4-2-00.)

"FIREWORKS" -- Any combustible or explosive compositions or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation.

"FLOOR AREA, GROSS" -- The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior of walls or the centerline of walls separating two buildings. In particular, "GROSS FLOOR AREA" includes basement space; elevator shafts or stairwells; floor space for mechanical equipment; penthouses, balconies, mezzanines, enclosed porches, attic floor space providing structural head room of seven feet six inches, and open porches, terraces, and breezeways where more than 50 percent of the perimeter of such terrace, breezeway, or open porch is enclosed.

"FLOOR AREA, USABLE" -- For the purposes of computing parking requirements, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, patients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities shall be excluded from the computation of "USABLE FLOOR AREA."

"GARAGE, PRIVATE" -- An accessory building or portion of a main building, enclosed on all sides, and designed or used for the storage of motor driven vehicles, boats, and similar vehicles owned and used by the occupants of the building.

"GARAGE, SERVICE REPAIR" -- A place where the following services may be carried out: general repair; engine rebuilding; sale of engine fuels; rebuilding or reconditioning motor vehicles; collision service, such as body, frame, or fender straightening and repair; or overall painting and undercoating of automobiles.

"GASOLINE SERVICE STATION" -- Any area of land, including any structure or structures thereon, that is used or designed to be used for the supply of gasoline, oil, or other fuel for the propulsion of motor vehicles. For the purpose of this Zoning Code, the term shall include any area or structure used or designated to be used for greasing, polishing, washing, spraying, or otherwise cleaning or servicing motor vehicles.

"GRADE" -- The ground elevation established for the purpose of regulating the number of stores and height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the median of said total averages.

"GREENBELT" -- An open landscaped area (free of buildings, structures, parking areas/driveways, and impervious surfaces maintained) with permanent plant materials to provide a screen to abutting properties.

"GROUP RESIDENTIAL FACILITIES" -- See "ADULT GROUP RESIDENTIAL FACILITIES"

"HOME OCCUPATION" -- Any occupation conducted entirely within a dwelling unit, exclusive of garages or accessory buildings, carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not involve any extension or modification of said dwelling which will alter its outward appearance as a dwelling. (Ord. 98-44. Passed 10-8-98.)

Home occupations shall not include the following:

(1) Motor or other vehicle, boat, lawn, farm or construction equipment sale, service, rental or repair.

(2) Sale of fireworks, firearms or ammunition.

(3) Pawn shops, tattoo or piercing parlors.

(4) Sales of food or beverages.

(5) Barber, beauty shops.

(6) Massage or tanning parlors. (Ord. 05-49. Passed 10-17-05.)

"HOTEL" (See also "MOTEL") -- A business which offers overnight accommodations to transient guests on a daily rate basis, and often providing other services for the guests, such as restaurants, meeting rooms, and recreational facilities.

"HOME OPERATED CHILD CARE CENTER" -- See "CHILD DAY CARE CENTER" (Ord. 98-44. Passed 10-8-98.)

“INDUSTRIALIZED UNIT” - A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site or intended use. “Industrialized unit” includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein.

(Ord. 99-19. Passed 5-3-99.)

"JUNK YARD" -- The use of more than 200 square feet of the area of any lot, whether inside or outside a building, where waste or used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.

"KENNEL, COMMERCIAL" -- Any lot or premises on which three or more dogs, cats, or other household pets are either permanently or temporarily boarded. The term shall also include any lot or premises where household pets are bred and sold.

"LOADING SPACE" -- An off-street space outside the street right-of-way and on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise, materials, and goods.

"LOT" -- A parcel of land occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, together with such yards and s as are required under the provisions of this Zoning Code with frontage on a public street. A "LOT" may or may not be specifically designated as such on public records.

(Ord. 98-44. Passed 10-8-98.)

"MANUFACTURED HOME" – A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards. (Ord. 99-19. Passed 5-3-99.)

“MANUFACTURED HOME, PERMANENTLY SITED” - A manufactured home as defined in this section, which is affixed to a permanent foundation, connected to Village water, sanitary sewer, and has appropriate provision for storm water runoff, including footer drains, eaves trough, and downspouts, has a minimum width at one point of twenty-two (22) feet, a minimum depth at one point of twenty-two feet, a total living area of nine hundred (900) square feet, exclusive of garages, porches, and attachments, a minimum 3:12 residential roof pitch, six- inch minimum eave overhang, including appropriate guttering, conventional siding, and manufactured after January 1, 1995. (Ord. 02-43. Passed 11-4-02.)

"MASTER PLAN" -- The Comprehensive Plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and private land use development of the Village, including any part of such plan or changes thereto.

"MINIMUM BUILDING SETBACK LINE" -- A line between the front and rear lot line and parallel to the street right-of-way line, and at such distance from the street right-of-way line, as required by the minimum front yard depth in the district in which it is situated.

"MINIMUM LIVING AREA" -- For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

(Ord. 98-44. Passed 10-8-98.)

“MOBILE HOME” - A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on-site, is 320 or more square feet, is built on a permanent chassis foundation, is transportable in one or more sections, and does not qualify as a manufactured home as defined in Ohio R.C. 3781.06(C)(4) or as an industrialized unit as defined in Ohio R.C. 3781.06(C)(3).

(Ord. 99-19. Passed 5-3-99.)

"MOTEL" (See also "HOTEL") -- A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.

"MULTIPLE FAMILY" -- See "DWELLING, MULTIPLE-FAMILY"

"NON-CONFORMING BUILDING" -- A building or portion thereof lawfully existing at the effective date of this Zoning Code, or amendments thereto, that does not conform to the area and height regulations of the district in which it is located.

"NON-CONFORMING USE" -- A use lawfully existing at the time of the enactment of this Zoning Code, and which does not conform to the use provisions of the district in which it is located.

"NURSERY" -- A space, building, structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The term does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.

"NURSERY, DAY" -- See "CHILD DAY CARE CENTER"

"OFFICE" -- A building or part of a building where books and records are prepared and kept or which serves as a headquarters of a business or organization, but shall not be used for the sale of any tangible item or service.

"OFF-STREET PARKING LOT" -- A facility providing vehicular parking spaces, along with adequate drives and aisles, off the street and outside the right-of-way line, for maneuvering and providing entrances and exits so as to provide parking for more than two vehicles.

"OPEN SPACE" -- Any part of a site, including courts and yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents on the site. The term does not include parts of a roof or that portion of a building containing dwelling units.

"OPEN SPACE DEVELOPMENT" -- A subdivision of land which has both individual building sites and common open space areas, such as parks and recreational areas; and is planned, designed, and organized as a unified development capable of providing a variety of residential dwellings.

"OPEN STORE FRONT" -- A business establishment so developed that service to the patron may be extended beyond the walls of the structure not requiring the patron to enter the structure. The term does not include automobile repair stations or gasoline service stations.

"PARKING SPACE" -- An area of definite length and width, exclusive of aisles and drives or entrances giving access thereto, and fully accessible for the storage of permitted motor vehicles.

"PARKS" -- An area open to the general public and reserved for recreational or scenic purposes.

"PUBLIC UTILITY" -- Any person, firm, corporation, or governmental agency or board, excluding the Village, fully authorized to furnish, and furnishing under governmental regulations to the public, electricity, gas, steam, telephone, telegraphy, transportation, sewer, water, television cable, or utility companies.

"RECREATIONAL FACILITIES" -- Commercial or non-commercial facilities that offer non-passive recreational services to a group of people or the general public; private or semi-private recreational facilities intended for the use of residents of that development, homeowner's association, etc., and not for general public use. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, tennis courts, and swimming pools, and indoor recreational facilities in which all activities are conducted indoors; This definition could also include a combination of indoor and outdoor recreational services. This definition does not include baseball, soccer, and activities involving motor vehicles such as racing, tractor pulls, demolition derby, or use involving firearms, bowling alleys, pool halls or video arcades.

"ROOM" -- For the purpose of determining lot area requirements and density in a multiple-family district, a living room, dining room or bedroom equal to at least 80 square feet in area. The term does not include the area in the kitchen, sanitary facilities, utility rooms, corridors, hallways, and storage areas.

"SATELLITE DISH" -- A signal receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.

"STORY" -- That part of a building included between the surface of one floor and the surface of the next floor above, or if there is no floor above, then the ceiling next above.

"STREET, PRIVATE" -- An improvement that allows vehicular access to a property that is not considered part of a drive or parking lot and has not been accepted by the Village for ownership or maintenance.

"STREET, PUBLIC" -- A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the Village for ownership or maintenance. Streets shall be further defined as follows:

(1) Major Arterial Thoroughfare: A street or road which is intended to carry the major portion of traffic entering or leaving an urban area, and also significant intra-urban travel, such as between communities or between major urban centers. "Major Arterial Thoroughfares" should form the boundaries of residential neighborhoods, but should not penetrate those neighborhoods. Access or service to abutting properties is a secondary function to the provision of travel service. Parking and loading are discouraged. For the purpose of this Zoning Code, "Major Thoroughfares" are designated on the Thoroughfare Plan of the Village.

(2) Minor Arterial Thoroughfare: A street or road which is intended to connect with and augment the major arterial system. The function of the minor arterial system is to provide travel service to trips of moderate length and provide intra-community continuity. "Minor Arterial Thoroughfares," a lower level of travel service than major arterials, but providing access to abutting properties, is still a secondary function to the movement of through traffic. "Minor Arterial Thoroughfares" should also form the boundaries of neighborhoods, but not penetrate the neighborhood. Parking and loading should be discouraged. For the purpose of this Zoning Code, "Minor Thoroughfares" are designated on the Thoroughfare Plan of the Village.

(3) Collector Thoroughfare: A street or road which is intended to collect traffic from local streets within a neighborhood and channel it onto the arterial system, or conversely to distribute traffic from the arterial system to the local streets. Access to abutting properties is equal in importance to the movement of through traffic. For the purpose of this Zoning Code, "Collector Thoroughfares" are designated on the Thoroughfare Plan of the Village.

(4) Local Street: A street which is intended primarily to provide access to abutting properties. Through traffic should be discouraged on "Local Streets." All streets not otherwise designated shall be designated as "Local Streets." For the purpose of this Zoning Code, "Local Streets" are designated on the Thoroughfare Plan of the Village.

"STRUCTURE" -- Anything permanently constructed or erected which requires location on or below the ground or attachment to something having a location on or below the ground.

"SPECIFIED ANATOMICAL AREAS" -- As used herein, specified anatomical areas means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"SPECIFIED SEXUAL ACTIVITIES" - As herein, specified sexual activities means and includes any of the following 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth in subdivisions in items 1, 2, or 3 of this definition.

"TEMPORARY BUILDING" or "USE" -- A building or use permitted to exist during periods of construction of the principal building or use, or for special events.

"TRAVEL TRAILER, INDEPENDENT" -- Any vehicle designed, used, or so constructed as to permit its being used as a conveyance on the public streets or highways, and constructed in such a manner as will permit occupancy thereof as a temporary dwelling unit or sleeping place for one or more persons.

"TRAVEL TRAILER PARK" -- Any park which offers on a daily or weekly rate, hookups, and parking facilities for independent travel trailers for transient guests, who do not use the park as a mailing address.

"USE" -- The principal purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied.

"WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER" -- A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is house.

"WIRELESS TELECOMMUNICATIONS FACILITY" -- A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.

"WIRELESS TELECOMMUNICATIONS TOWER" -- A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

"YARDS" -- The open spaces on the same lot as the principal building, unoccupied and unobstructed from the ground upward and further defined as follows:

(1) Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the principal building.

(2) Side Yard: An open space between the side lot line and the principal building, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance from the nearest point on the side lot line to the nearest point of the principal building.

(3) Rear Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building.

"ZERO LOT-LINE" -- The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this Zoning Code, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot-line, if the building is intended to be owned by two separate owners on both sides of the shared wall as in the case of a two-family dwelling with each dwelling having separate ownership.

"ZONING VARIANCE" -- A modification of the literal provisions of this Zoning Code which may be granted when strict enforcement of this Zoning Code would cause undue hardship, owing to circumstances unique to the individual property for which the variance is sought. The crucial factors of a "Variance" are undue hardships and unique circumstances applying to the property. A "Variance" is not justified unless both elements are present in the case.

1107.01 ESTABLISHMENT OF STANDARD ZONING DISTRICTS.

The intended use of standard zoning districts is to delineate areas of existing land use and development character so as to afford such areas the regulations necessary to maintain their essential qualities and to assure that any additional development will be in keeping with that which has already been established. For the purpose of this Zoning Code, the Village is divided into the following standard zoning districts:

(a) CD Conservation

(b) R-S One-Family Suburban Residential

(d) R-2 One- and Two-Family Residential

(e) R-3 Multiple-Family Residential

(f) T Transitional

(g) B-1 General Business

(h) CB Central Business

(i) B-2 Highway Service Business

(j) I-1 Light Industrial

(k) I-2 Heavy Industrial

(l) OSD Open Space Development

(m) DROD Design Review Overlay District

1107.02 OFFICIAL ZONING DISTRICTS MAP.

(a) All land in the Village within the scope of this Zoning Code is placed into zoning districts as is shown on the Zoning Districts Map of the Village, which is on file in the office of the Clerk of Council. This Map, with all notations, references, and other pertinent material shown thereon, is made a part of this Zoning Code, as if fully described herein.

(b) The Zoning Districts Map shall be identified by the signatures of the Council, attested by the Clerk of Council, under the following words:

"This is to certify that this is the official Zoning Districts Map referred to in Section 1107.02 of the Zoning Ordinance of the Village of Lexington, Ohio" (include date of adoption)."

(c) Wherever changes are made in the district boundaries or other matter portrayed on the official Zoning Districts Maps, such changes shall be made on the official Zoning Districts Map after the amendment has been approved by Council.

(d) Three copies of the official Zoning Districts Map are to be maintained and kept up-to-date by the Zoning Inspector, one copy for the Secretary of the Village Planning Commission, one copy in the Council Chambers, and one copy in the Zoning Inspector's office accessible to the public. The map shall be final authority as to the current zoning status of lands, buildings, and other structures in the Village.

1107.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official Zoning Districts Map, the following rules shall apply:

(a) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c) Boundaries indicated as approximately following the corporation boundary lines shall be construed as following the corporation boundary line.

(d) Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks.

(e) Boundaries indicated as approximately following the center line of streams, rivers, or other bodies of water shall be construed to follow such center lines.

(f) Boundaries indicated as parallel to or extensions of features indicated in subsection (a) through (e) hereof shall be so construed. Distances not specifically indicated on the official Zoning Districts Map shall be determined by the use of a scale shown on the Map.

(g) The land designated on the map as being in a specific zoning district shall include the land to the centerline of all abutting public streets and all rights-of-way. In this way, land comprising a street is zoned prior to vacation.

1107.04 ZONING OF ANNEXED AREAS.

Upon adoption of an ordinance accepting property annexed to this Village, Council shall direct the preparation of an ordinance zoning the property, which shall be given a first reading and referred to the Village Planning Commission in accordance with Section 4.11 of the Village Charter.

1107.05 DISTRICT REQUIREMENTS.

All buildings and uses in any district shall be subject all applicable provisions of this Zoning Code.

1109.01 REGULATION OF USE AND DEVELOPMENT.

(a) Regulations pertaining to the use of land or structures and physical development within each of the zoning districts, as adopted as a standard zoning district and as shown on the Zoning District Map, are established and adopted.

(b) Nothing in this Zoning Code shall be construed to prohibit the rendition in residential zones of traditional domestic services such as laundry, ironing, sewing or alterations, baking or decorating cakes, babysitting, or the use of a dwelling by those persons who may be sales agents or representatives, and do not display or exhibit a business use to the public, and where no employees or customers come to the home for the purpose of transacting business, provided such use:

(1) Is incidental and subordinate to the primary residential use.

(2) Does not involve any activities outside the principal building including the storage of materials or products.

(3) Employs no person not a resident of the premises.

(4) Requires no structural alterations or additions, provided the garage may be used so long as the activity does not preclude the storage in said garage of the number of vehicles for which it was designed.

1109.02 PERMITTED USES.

Only a use designated as a permitted use shall be allowed as a matter of right within a zoning district, and any use not so designated shall be prohibited except, when in character with the zoning district, such additional uses may be added to the permitted uses of the zoning district by amendment of this Zoning Code.

1109.03 CONDITIONALLY PERMITTED USES.

A use designated as a conditional use shall be allowed in a zoning district when such conditional use, its location, extent, and method of development will not substantially alter the character of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the zoning district. A certificate for the conditional use shall be issued by the Zoning Inspector if the applicant has met all requirements established in this Zoning Code, as described by procedures in Section 1143.02.

1109.04 DEVELOPMENT STANDARDS.

The development standards set forth shall be the minimum allowed for development in a zoning district. If the development standards are in conflict with the requirements of any other lawfully adopted rules, regulations, or laws, the more restrictive or higher standards shall govern.

1111.01 PURPOSE.

The purpose of this CD Conservation District is to protect agricultural lands and environmentally sensitive areas from intense urban development. The object of these regulations is to discourage development except for very low-density residential and conservation type uses.

1111.02 PERMITTED USES.

(a) One-family dwellings.

(b) Raising of crops, horticulture, floriculture and viticulture.

(c) Water conservation uses including water supply works, flood control, and water protection works; fish and game hatcheries and preserves; and other uses similar uses.

(d) Parks.

(e) Outdoor recreational facilities.

(f) Public sewage disposal plants.

(g) Public water treatment plants.

(h) Camping, canoeing, and fishing.

(i) Accessory uses and buildings associated with primary uses.

1111.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Cemeteries subject to statutory limitations and the following conditions:

(1) All structures and activity area shall be located at least 100 feet from all property lines.

(2) All points of ingress and egress should be located no closer than 200 feet from the intersection of two major arterial thoroughfares and no closer than 100 feet from the intersection of a major arterial thoroughfare with a minor, collector, or local thoroughfare.

(3) Points of ingress and egress shall be available only from abutting major arterial, minor, arterial, or collector streets, and shall not be available from any local residential street.

(b) Essential public utilities and public service buildings, excluding storage yards, when operating requirements necessitate locating said building within the district in order to serve the immediate vicinity, subject to the following conditions:

(1) Wherever the off-street parking area is adjacent to land developed for one-family and two-family residential purposes, a continuous and obscuring year-around greenbelt six feet in height shall be provided along the sides of the parking are adjacent to the residential development. The greenbelt shall be further subject to the provisions of Section 1141.01.

(2) The proposed site shall have at least one property line abutting a major or minor arterial thoroughfare or collector street as designated within the Comprehensive Plan. Access to and from the site shall be provided by a major or minor arterial thoroughfare, collector street or service access road.

(3) Front, side, and rear yard setbacks shall be at least 30 feet and landscaped in accordance with Section 1141.01.

(4) Lighting used to illuminate the intended uses of the property shall be shielded and arranged as to reflect light away from adjoining properties and public streets.

(1) The space devoted to the home occupation shall not exceed twenty-five percent (25%) of the total floor area of the residence.

(2) All employees involved in the home occupation shall be residents of the home.

(3) There shall be no external evidence of the home occupation, except for a single non-illuminated sign, affixed to the residence or accessory building not exceeding two square feet.

(4) No goods produced off the premises may be brought to the property and sold on the premises.

(5) No external alterations, construction or reconstruction of the premises may be made to accommodate the home occupation.

(6) No home occupation may include a use in which customers frequent the premises.

1111.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01 Schedule of Regulations, limiting the height and bulk of buildings, including accessory buildings, the minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1113.01 PURPOSE.

(a) The R-S One-Family Suburban Residential District is established in recognition that sections of the Village include low-density residential developments that are suburban in character and are developed exclusively for one-family dwellings.

(b) Among these sections of the Village is land served by centralized sewer and water, or these utilities can be provided with adequate capacity; land where the established use, character, and density of development would be best maintained by these regulations; and sections of the Village where the general welfare is best served by the provisions of these districts in providing essential services and facilities at an adequate level in an efficient and economical manner without overcrowding the land.

1113.02 PERMITTED USES.

(a) One-family dwellings.

(b) Parks.

(d) Home-operated child care centers with one to six children.

1113.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use in accordance with procedures established in Section 1143.02.

(a) Churches and other buildings (with or without day care), for the purpose of religious worship, and parochial and other private elementary, intermediate schools, and related recreational facilities including athletic fields and playgrounds, subject to the following conditions:

(2) The proposed site shall have at least one property line abutting a major or minor arterial thoroughfare as designated on the Thoroughfare Plan. Access to and from the site shall be provided by a major or minor arterial thoroughfare or service access road.

(3) Front, side, and rear yard setbacks shall be at least 30 feet and landscaped in accordance with Section 1141.01.

(4) Day care facilities shall have all necessary state licenses applicable to child care centers and shall provide the Village with proof of said license.

(b) Private or semi-private recreational facilities (indoor and outdoor) intended for the use of residents of that development, homeowners associations, and not for general public use, subject to the following conditions:

(1) The proposed site shall have at least one property line abutting a major arterial thoroughfare, and the site shall be so planned as to provide all ingress and egress directly onto or from the major or minor arterial thoroughfare.

(2) Front, side, and rear yard setback shall be at least 30 feet wide, and shall be landscaped according to Section 1141.01.

(3) Whenever the intended use includes a swimming pool, said pool shall be provided with a protective fence six feet in height measured above the level of the adjoining ground. The entry to and from the pool shall be by means of a controlled gate.

(4) Lighting used to illuminate the intended uses of the property shall be shielded and arranged as to reflect light away from adjoining properties and public streets.

(c) Essential public utilities and public service buildings, excluding storage yards, when operating requirements necessitate the location of said building within the district in order to serve the immediate vicinity, subject to conditions as outlined in Section 1111.03(b).

(d) Home occupations subject to the conditions outlined in Section 1111.03(c).

(e) Public and private schools.

1113.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings, including accessory buildings, the minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1115.01 PURPOSE.

(a) The R-1 Residential Districts are established in recognition that sections of the Village include low-density residential developments that are urban in character and are developed exclusively for one-family dwellings.

(b) Among these sections of the Village is land served by centralized sewer and water, or these utilities are readily available with adequate capacity; land where the established use, character, and density of development would be best maintained by these regulations; and sections of the Village where the general welfare is best served by the provisions of these districts in providing essential services and facilities at an adequate level in an efficient and economical manner without overcrowding the land.

1115.02 PERMITTED USES.

(a) One-family dwellings.

(b) Parks.

(d) Accessory buildings and uses associated with the permitted uses.

1115.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Churches and other buildings (with or without day care) for the purpose of religious worship, and parochial and other private elementary, intermediate schools, and related recreational facilities including athletic fields and playgrounds, subject to the following conditions:

(3) Front, side, and rear yard setbacks shall be at least 30 feet and landscaped in accordance with Section 1141.01.

(4) Day care facilities shall have all necessary state licenses applicable to child care centers and shall provide the Village with proof of said license.

(b) Private or semi-private recreational facilities (indoor and outdoor), intended for the use of residents of that development, homeowners associations, and not the general public, subject to the following conditions:

(1) The proposed site for any of the uses stated above shall have at least one property line abutting a major arterial thoroughfare, and the site shall be so planned as to provide all ingress and egress directly onto or from the major or minor arterial thoroughfare.

(2) Front, side, and rear yard setback shall be at least 30 feet wide, and shall be landscaped according to Section 1141.01.

(4) Lighting used to illuminate the intended uses of the property shall be shielded and arranged as to reflect light away from adjoining properties and public streets.

(5) Off-street parking shall be provided as regulated in Section 1139.04.

(c) Essential public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate locating said building within the district in order to serve the immediate vicinity, subject to conditions outlined in Section 1111.03(b).

(d) Home occupations subject to the conditions outlined in Section 1111.03(c).

(e) Public and private schools and related recreational facilities.

1115.04 AREA AND BULK REQUIREMENTS.

1117.01 PURPOSE.

The R-2 One- and Two-Family Residential Districts are established in recognition that sections of the Village include low-density residential developments that are urban in character and contain a substantial proportion of one- and two-family dwellings. Among these sections of the Village is land served by centralized sewer and water, or these utilities are readily available with adequate capacity; land where the established use, character, and density of development would be best maintained by these regulations; and sections of the Village where the general welfare is best served by the provisions of this district in providing essential services and facilities at an adequate level in an efficient and economical manner without overcrowding the land.

1117.02 PERMITTED USES.

(a) One family dwellings.

(b) Two-family dwellings.

(d) Home operated child care with one to six children.

(e) Accessory buildings and uses normally associated with the above permitted uses.

1117.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Churches and other buildings (with or without day care) for the purpose of religious worship, parochial and other private elementary, intermediate schools, and related recreational facilities including athletic fields and playgrounds, subject to the following conditions:

(1) Buildings of greater than the maximum height allowed in Section 1133.01, Schedule of Regulations, may be allowed provided front, side, and rear yards are increased above the minimum required yard setback by one foot for each one foot the building exceeds the maximum height allowed.

(2) Wherever the off-street parking area is adjacent to land developed for one- or two-family residential purposes, a continuous and obscuring year-round greenbelt six feet in height shall be provided along the sides of the parking area adjacent to the residential development, landscaped in accordance with Section 1141.01.

(3) The proposed site shall have at least one property line abutting a major or minor arterial thoroughfare as designated on the Thoroughfare Plan. Access to and from the site shall be provided by a major or minor arterial thoroughfare or service road.

(4) Front, side, and rear yard setbacks shall be at least 30 feet and landscaped in accordance with Section 1141.01.

(1) The proposed site for any of the uses stated above shall have at least one property line abutting a major or minor arterial thoroughfare, and the site shall be so planned as to provide all ingress and egress directly onto or from the major or minor arterial thoroughfare.

(2) Front, side, and rear yard setbacks shall be at least 30 feet wide and shall be landscaped according to Section 1141.01.

(4) Lighting used to illuminate the intended uses of the property shall be shielded and arranged as to reflect light away from adjoining properties and public streets.

(5) Off-street parking shall be provided as regulated in Section 1139.04.

(c) Public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate locating said building within the district in order to serve the immediate vicinity subject to conditions outlined in Section 1111.03(b).

(d) Adult day care centers.

(e) Home occupations subject to conditions outlined in Section 1111.03(c).

(f) One-family homes with one zero lot line.

(g) Bed and breakfast operations subject to the following conditions:

(1) No such establishment shall have more than four rooms to rent to the public.

(2) Wherever the off-street parking area is adjacent to land developed for one-family and two-family residential purposes, a continuous and obscuring year-around greenbelt six feet in height shall be provided along the sides of the parking are adjacent to the residential development. The greenbelt shall be further subject to the provisions of Section 1141.01.

(3) There shall be no external evidence of the bed and breakfast, except for a single non-illuminated sign, affixed to the residence.

(4) Off-street parking shall be provided as regulated in Section 1139.04.

(h) Public and private schools.

1117.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings, including accessory uses, the minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1119.01 PURPOSE.

The R-3 Multiple-Family Residential District is established in recognition that sections of the Village may be suitable for moderate density multiple-family as well as one-family and two-family purposes. It is the purpose of this district to allow moderate density residential development on land considered to be appropriate for such development. Among these sections is land served by public water and sewer systems in areas of the Village where the need for higher density development is best served by the provisions of this district in allowing a choice of dwelling unit types while providing essential services and facilities at an adequate level without overcrowding the land.

1119.02 PERMITTED USES.

(a) Two-family dwellings.

(b) One-family or two-family dwellings with one zero lot line.

(c) Elderly/retirement housing subject to and in accordance with the Multiple-Family Development Standards in Section 1133.01(a) and subsection (d) hereof.

(d) Multiple-family dwellings subject to the following:

(1) A 15 foot wide greenbelt measured from the lot line shall be provided on those side or rear yards abutting a one-family or two-family residential development. Landscaping of this greenbelt is also subject to provision in Section 1141.01.

(2) Screen plantings which at maturity shall reach a height of at least six feet shall be provided wherever a parking lot abuts onto lot lines of a one- or two-family residential development.

(3) Any accessory buildings, recreational facilities, uses, or services shall be developed solely for the use of residents or guests of the development.

(e) Parks.

(f) Home-operated child care with one to six children.

(g) Accessory buildings and uses normally associated with the above permitted uses.

1119.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use in accordance with procedures established in Section 1143.02.

(a) Churches and other buildings (with or without day care) for the purpose of religious worship, and parochial and other private elementary, intermediate schools, subject to the following conditions:

(1) Wherever the off-street parking area is adjacent to land developed for one- or two-family residential purposes, a continuous and obscuring year-round greenbelt six feet in height shall be provided along the sides of the parking area adjacent to the residential development.

(2) Access to and from the site shall be provided by a major or minor arterial thoroughfare or service access road.

(3) Front, side, and rear yard setbacks shall be at least 30 feet, and landscaped with trees, grass, and shrubs in accordance with Section 1141.01.

(4) Day care facilities shall have all necessary state licenses applicable to child care centers and shall provide the Village with proof of said license.

(b) Recreational facilities (indoor and outdoor) subject to the following conditions:

(1) The proposed site shall have at least one property line abutting a major or minor arterial thoroughfare as designated on the Thoroughfare Plan. Access to and from the site shall be provided by a major or minor arterial thoroughfare or service access road.

(2) Front, side, and rear yard setbacks shall be at least 30 feet wide, and shall be landscaped in accordance with Section 1141.01.

(4) Lighting used to illuminate the intended uses of the property shall be shielded and arranged as to reflect light away from adjoining properties and public streets.

(5) Off-street parking shall be provided as regulated in Section 1139.04.

(c) Public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate the location of said building within the district in order to serve the immediate vicinity, subject to conditions as outlined in Section 1113.03(c).

(d) Home-operated child care with seven to twelve children subject to conditions outlined in Section 1113.03(a)(4).

(e) Child day care centers if a minimum of 100 square feet of outdoor play area per child is provided and maintained on the lot. Such play space shall have a total minimum area of not less than 5,000 square feet which shall be screened from any abutting lot in an R-Residential District.

(f) Institutions for medical care, hospitals, clinics, sanitariums, convalescent homes, nursing homes, and other similar philanthropic institutions, subject to the following:

(1) The proposed site shall have at least one property line abutting a major arterial thoroughfare, and all ingress and egress for the site shall be provided by said thoroughfare.

(2) The minimum distance of any main or accessory building from lot lines or street right-of-way lines shall be at least 100 feet from the front, side, and rear yards for all two-story structures. For every story above two, the minimum yard requirements shall be increased by not less than ten feet.

(3) Ambulance and delivery areas shall be obscured from view by a continuous and obscuring fence or greenbelt six feet in height. The fence or greenbelt shall further be subject to the requirements of Section 1141.01.

(g) Adult group residential facilities subject to the following conditions:

(1) Evidence is presented that the proposed facility is licensed or approved by the appropriate agency of the State of Ohio.

(2) The proposed facility meets all local building and fire codes and ADA requirements for the proposed use and level of occupancy.

(3) Evidence is presented that the proposed facility has an adequate number of off-street parking spaces for residents, employees and visitors.

(4) The proposed facility will be occupied by 16 or less residents, exclusive of staff.

(5) No such facility may be located within 1,000 feet of another group residential facility.

(6) No signs shall be erected to identify the facility except on compliance with the Lexington Sign Ordinance.

(7) The exterior of the facility shall not be altered to detract from its normal residential character. However, any improvements required by code for ADA or licensing requirements shall not be deemed to be incompatible.

(8) Such facility shall be reasonable accessible, by virtue of its location or by transportation services provided by the applicant or another public agency or public transit service to medical, recreational, and retail facilities required by its residents.

(9) The operator of the facility shall provide a plan indicating the manner in which the facility will maintain contact with the neighborhood residents, including a structured procedure whereby complaints and grievances may be filed and resolved.

(h) Adult day care centers.

(i) Funeral establishments.

(1) The proposed site shall have one property line abutting a major or minor arterial thoroughfare and ingress and egress shall be provided only off these thoroughfares.

(2) Ambulance or hearse delivery areas shall be only in the rear of property and shall be obscured from view by a continuous and obscuring fence or a greenbelt at least six feet in height. The fence or greenbelt shall further be subject to the requirements of Section 1141.01.

(3) Entrances/exits from the establishment shall be at least 60 feet from the nearest intersection. No drive or parking area shall be less than ten feet from any adjacent residential property.

(j) Laundromat and dry cleaning services.

(k) Home occupations subject to the conditions described in Section 1111.03(c).

(l) Boarding houses subject to the following conditions:

(1) No such establishment shall have more than four rooms to rent to the public.

(2) Whenever the off-street parking area is adjacent to land developed for single-family or two-family residential purposes, a continuous and obscuring fence or greenbelt six feet in height shall be provided along those sides of the parking area adjacent to the residential development. The greenbelt shall be further subject to the provisions of Section 1141.01.

(3) There shall be no external evidence of a boarding house, except for a single non-illuminated sign affixed to the dwelling.

(4) Off-street parking shall be provided as required in Section 1139.04.

(m) Bed and breakfast operations subject to the conditions described in Section 1117.03(g).

(n) Public and private schools, and related recreational facilities.

1119.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings, the minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1121.01 PURPOSE.

The T Transitional District is intended to provide a district that allows a mix of multiple-family housing with office and institutional uses, including professional offices, hospitals and clinics and other like services.

1121.02 PERMITTED USES.

(a) Personal and professional office uses include, but are not limited to, the following:

(1) Offices of architects, engineers, and attorneys.

(2) Offices of insurance agents, brokers, and service.

(3) Offices of real estate agents.

(4) Offices of physicians, surgeons, dentists, optometrists, chiropractors, and the like.

(5) Other similar office uses or service businesses; excluding barber shops and beauty shops.

(b) Elderly/retirement housing as described in Section 1119.02.

(d) Child care centers.

(e) Churches and other buildings (with or without day care) for the purposes of religious worship.

(f) Home operated child care with one to six children.

(g) Hospitals, clinics, sanitariums, convalescent or nursing homes.

(h) Parks.

(i) Home occupations

1121.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Recreational facilities (indoor and outdoor) subject to the following conditions:

(2) Front, side, and rear yard setbacks shall be at least 30 feet wide, and shall be landscaped in accordance with Section 1141.01.

(4) Lighting used to illuminate the intended uses of the property shall be shielded and arranged as to reflect light away from adjoining properties and public streets.

(5) Off-street parking shall be provided as regulated in Section 1139.04.

(b) Research and testing labs not involving outside testing facilities or exterior storage.

(d) Multiple-family dwellings.

(e) Funeral establishments.

(f) Off-street parking and loading as primary use of lot.

(g) Private or non-private lodges or clubs.

(h) Public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate the location of said building within the district in order to serve the immediate vicinity, subject to conditions as outlined in Section 1111.03(b).

(i) Bed and breakfast operations subject to the conditions described in Section 1117.03(g).

(j) Home-operated child care with seven to twelve children in attendance subject to conditions outlined in Section 1113.03(a)(4).

(Ord. 98-49. Passed 10-8-98.)

(k) Churches and other buildings (with or without daycare) for the purposes of religious worship, subject to the following conditions:

(1) Front, side and rear yard setbacks shall be at least thirty (30) feet wide when abutting a residential district and shall be landscaped in accordance with Section 1141.01.

(2) Wherever off-street parking is adjoined to land developed for residential uses, a continuous and obscuring year-round greenbelt at least six (6) feet in height shall be provided along those sides of the parking lot adjacent to a residential use.

(3) Daycare facilities shall have all necessary state licenses applicable to child care centers and shall provide the Village with proof of such licenses.

(4) All lighting used to illuminate the intended uses of the property shall be arranged or shielded so as to reflect light away from any adjoining properties or streets.

(5) Off-street parking shall be provided as required in Section 1139.04.

(Ord. 00-67. Passed 12-18-00.)

1121.04 AREA AND BULK REQUIREMENTS.

1123.01 PURPOSE.

The B-1 General Business District is intended to encourage the grouping of small individual retail establishments to promote convenience in serving the daily needs of persons living in the Village. These groups of establishments generally occupy sites that are in close proximity to the residential population to be served. The commercial establishments allowed in the B-1 General Business District shall be closely associated with residential, religious, and educational land uses at the neighborhood level.

1123.02 PERMITTED USES.

The following retail, personal service, and business and professional office uses are permitted, provided a six-foot high obscuring fence and a greenbelt at least 25 feet in width that is landscaped in accordance with Section 1141.01 on those side and rear yards abutting an R-Residential District. Retail stores in this district shall be primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of the goods, such as, but not limited to:

(Ord. 98-63. Passed 11-2-98.)

(a) Professional offices, including:

(1) Offices of architects, engineers, and attorneys.

(2) Offices of insurance agents, brokers, and service.

(3) Office of real estate agents.

(4) Offices of physicians, surgeons, dentists, optometrists, chiropractors, and the like.

(5) Other similar professional offices or service businesses.

(b) Commercial establishments, including:

(1) Antique shop/mall.

(2) Banks and financial institutions.

(3) Barber shops, beauty shops, tanning or nail salons, and similar personal services.

(4) Books and stationary stores, not including adult book stores.

(5) Camera and photography supply stores.

(6) Candy, nut, and confectionery stores.

(7) Clothing and accessory stores.

(8) Drug stores.

(9) Florists.

(10) Funeral establishments.

(11) Furniture, home furnishings, and electronic equipment stores.

(12) Furriers and fur shops.

(13) Gift and novelty shops.

(14) Grocery stores, fruit and vegetable markets, meat or fish markets, retail bakeries and other miscellaneous food stores.

(15) Hardware stores.

(16) Jewelry stores.

(17) Laundromat and dry cleaning.

(18) Printing shops.

(19) Radio, television, music, and video rental stores.

(20) Restaurants without drive-in or drive-through facilities.

(21) Shoe repair shops and shoe stores.

(22) Sporting good stores.

(23) Studios of art, dance, photography, or music.

(d) Churches and other buildings (with or without day care) for the purpose of religious worship.

(e) Billiards and pool.

(f) Convenience stores, not dispensing motor fuels.

(g) Child day care centers.

(h) Accessory buildings and uses normally associated with permitted uses.

1123.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Gasoline service stations and convenience stores dispensing motor fuels, subject to the following conditions:

(1) Convenience stores and service stations shall be used for the sale of gasoline, oil, and minor accessories only. No repair work will be done other than incidental service, excluding vehicle body repair, painting, tire recapping, engine rebuilding, upholstering, auto glass work, and such other activities where the external effects of the activity could adversely extend beyond the property line.

(2) Curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no closer than 50 feet from a street intersection, measured from the intersection of the curb lines or from adjacent residential districts.

(3) The minimum lot area shall be 12,000 square feet, with access drives so arranged that ample space is available for motor vehicles which are required to wait.

(4) The minimum lot width shall be at least 100 feet and pump islands shall be setback at least 15 feet, measured from the street right-of-way line. All buildings and other structures shall have a front yard setback of 50 feet back from the street right-of-way line.

(5) Underground storage gasoline tanks shall be located no closer than 50 feet from any R-Residential District.

(6) Construction shall begin within one year from the date of approval by the Village Planning Commission.

(7) All lighting used to illuminate the property shall be shielded from adjacent R-Residential Districts.

(8) Gasoline service stations and convenience stores dispensing motor fuels, shall provide an obscuring fence at least six feet in height and a greenbelt at least ten feet in width on those side and rear lot lines abutting an R-Residential District. The greenbelt shall be landscaped in accordance with Section 1141.01.

(9) Abandoned service station:

A. If any service station or convenience store shall no longer be used for dispensing gasoline or other petroleum products for a period of three consecutive months, such service station shall be presumed to be a nuisance affecting or endangering surrounding property values and detrimental to the public health, safety, convenience, comfort, and general welfare of the community. Such nuisance shall be abated.

B. Whenever the Zoning Inspector finds that any service station or convenience store dispensing motor fuels has not operated for three consecutive months, he/she shall give notice by certified mail to the owner of record of the premises at his last known address to abate such nuisance within six months either by placing the service station in operation in accordance with this Zoning Code, adapting and using the building for another permitted business use, or by securing the service station structure. Unless the service station is placed in operation within the six-month period, all pumps and signs shall be removed, and the fuel tanks shall be rendered safe by removal or by filling with sand, water, or other inert material under the supervision of the Zoning Inspector.

C. On the failure, neglect, or refusal of any owner to comply with the notice to abate such nuisance, the Zoning Inspector may take such action as necessary to protect the public health, safety, and welfare of the community.

D. Service stations not currently in operation but which do not come within the scope of the preceding provisions shall be maintained, and the owner shall cut all grass and weeds, and remove all rubbish from the premises. The parking of motor vehicles on the premises shall be prohibited, and the owner shall place a sign on the property of at least eight square feet in area notifying the public of this fact.

(b) Residential use, provided that such uses are subordinate to a business use within a particular building and subject to the following specific conditions:

(1) Such use shall not require any enlargement of an existing structure.

(2) Each dwelling unit shall have not less than 650 square feet of living area per dwelling unit.

(3) Off-street parking for each residential unit shall be provided as per Section 1139.04, in addition to any parking required for the business use.

(4) Each dwelling unit must have an entrance/exit separate from that of the business.

(d) Adult group residential facilities subject to the conditions described in Section 1119.03(g).

(e) Public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate the location of said building within the district in order to serve the immediate vicinity, subject to conditions as outlined in Section 1111.03(b).

(f) Off-street parking and loading as primary use of lot.

1123.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings including accessory buildings, minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1125.01 PURPOSE.

The purpose of the CB Central Business District is to accommodate and encourage expansion and renewal in the historical core business area of the Village. A variety of business, institutional, public, quasi-public, cultural, and other related uses are encouraged in any effort to provide the mix of activities necessary to establish a truly urban character.

1125.02 PERMITTED USES.

The following uses shall be permitted in the CB Central Business District:

(a) Those uses which are permitted in Section 1123.02, B-1 General Business District and Residential uses as conditionally permitted in Section 1123.03(b) subject to the conditions of that section, with the exception of Off-Street Parking as the primary use of the lot.

(b) Hotels and motels.

(d) Motion picture theaters and concert halls. (Ord. 00-31. Passed 7-5-00.)

1125.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use in accordance with procedures established in Section 1143.02.

(a) Convenience stores.

(b) Gasoline service stations.

(d) Bed and breakfast operations subject to the conditions described in Section 1117.03(g).

1125.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings including accessory buildings, the minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1125.05 SIZE LIMITATIONS.

All commercial buildings in this district shall have a maximum size of 6,000 square foot building footprint including all storage and mechanical areas.

(Ord. 98-63. Passed 11-2-98.)

1127.01 PURPOSE.

The B-2 Highway Service Business District is intended to provide for land uses that would better be located outside of the general retail business districts, particularly those types of business which provide service to the traveling public.

1127.02 PERMITTED USES.

(a) Those uses which are permitted in Section 1123.02, B-1 General Business District, with the exception of off-street parking as the primary use of the lot.

(b) Bowling alleys, billiards, and pool halls.

(d) Department stores.

(e) Mail order houses.

(f) New and used car sales or leasing agencies.

(g) Restaurants with or without drive-in or drive-through facilities.

(h) Self-storage facilities.

(i) Skating rinks.

(j) Supermarkets and shopping centers.

(k) Motion picture theaters and concert halls.

(l) Accessory buildings and uses normally associated with permitted uses.

1127.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Gasoline service stations and convenience stores dispensing motor fuels, subject to the following conditions:

(1) These gasoline service stations or convenience stores shall be used for the sale of gasoline, oil, and automobile accessories only. No repair work shall be done other than incidental service, excluding vehicle body repairs, painting, tire recapping, engine rebuilding, upholstering, auto glass work, and other similar activities.

(2) Curb cuts for ingress and egress shall not be permitted at those locations which will tend to create traffic hazards in streets adjacent thereto. Entrances and exits shall be no closer than 50 feet from any street intersection, measured from the intersection of curb line, or from any adjacent residential districts.

(3) The minimum lot area shall be at least 12,000 square feet, and the minimum lot width shall be at least 100 feet. The minimum setback for pump islands shall be 15 feet, measured from the right-of-way. Drives and islands shall be arranged so as to provide adequate space for vehicles required to wait.

(4) Underground gasoline storage tanks shall be located no closer than 50 feet from an adjacent residential district, and they shall be installed in conformance with all applicable state codes and regulations.

(5) All drives and parking areas shall be improved with an asphaltic concrete or Portland cement surface, and shall be graded and drained as to dispose of all surface water to an approved outlet.

(6) All lighting used to illuminate the intended use shall be arranged and shielded so as not to shine upon adjacent R-residential districts.

(7) An approved obscuring fence or greenbelt shall be provided along those side and rear lot lines abutting a residential district and landscaped in accordance with Section 1141.01.

(8) If rental trucks and trailers are stored on the premises, a minimum lot area of 12,000 square feet shall be devoted exclusively to service station use. The storage of rental trailers on such premises shall be provided in addition to the minimum lot area devoted to the gasoline service station. Such storage space shall be provided behind the setback line of the main building.

(9) Abandoned service stations:

A. If a gasoline service station or convenience store dispensing motor fuels discontinues dispensing gasoline or other similar petroleum products for a period of three consecutive months, that service station shall be considered a public nuisance affecting and endangering surrounding property values and a detriment to a public health, safety, convenience, and welfare of the community, and shall be abated.

B. Whenever the Zoning Inspector finds that a gasoline service station has become a public nuisance as defined above, he shall give notice by certified mail to the owner of the premises at his or her last known address to abate the nuisance, either by resuming operation including the dispensing of gasoline and other petroleum products, changing the land usage of the premises to another permitted use in accordance with the provisions of this Zoning Code, or by securing the premises and removing all gasoline storage tanks, pumps, signs, and other appurtenances.

C. The parking of motor vehicles on the site of closed service station is prohibited, and a sign or signs notifying the public of this fact shall be posted on the premises. The owner of the premises shall be responsible for mowing the grass and removal of debris from the property.

(b) Automobile service and repair garages, subject to the following conditions:

(1) Such repair garages shall provide only mechanical, electrical, or preventive maintenance type services, excluding auto body repairs, painting, tire recapping, upholstering, or auto glass replacement.

(2) Curb cuts for ingress and egress shall be located so as to minimize traffic hazards on adjacent streets. Entrances and exits shall be not less than 50 feet from any street intersection measured from the intersection of curb lines, or from any adjoining residential district.

(3) The minimum lot area shall be at least 20,000 square feet to provide for the proper location of drives and off-street storage of vehicles awaiting service or customer pick-up. The minimum front yard setback shall be 50 feet, measured from the right-of-way; and the minimum side and rear yard setback shall be 25 feet, except where a side or rear lot line abuts a residential district, where the minimum setback shall be 50 feet from any side or rear lot line.

(4) An approved obscuring fence or greenbelt landscaped in accordance at least six feet in height shall be required on those side or rear lot lines abutting a residential district, and also surrounding those areas where vehicles may be parked or stored for a period in excess of 48 hours. This storage area must be in back of the front building line. The greenbelt is shall also be subject to provisions in Section 1141.01.

(5) All repair work shall be performed entirely within the building and no materials, parts, supplies, or tools shall be stored outside of the building or garage. No motor vehicles shall be parked on the premises for longer than 48 hours except when stored within the building or garage, or an approved storage area as specified in subsection (b)(4) hereof.

(6) All drives, parking areas, and vehicle storage areas shall be improved with an asphaltic concrete or Portland cement surface which shall be properly graded and drained so as to dispose of surface water to an approved outlet.

(7) All lighting on the site shall be directed or shielded from adjacent residential districts and from passing motorists on adjacent streets.

(8) The property shall be kept free of weeds and rubbish and collection containers for rubbish and discarded vehicle parts or accessories shall be provided in an area shielded from vision from adjoining streets by an obscuring fence or similar enclosure. These collection containers shall be to the rear of the building.

(9) The proposed building shall be constructed in accordance with the "Ohio Basic Building Code, Group S-1, Motor Vehicle Repair Garages," and shall have approved ventilation, floor drains with oil separators, fire prevention equipment, restroom facilities, and the like. The building shall be served by a public water supply and sanitary sewage collection system or a system approved by the Environmental Protection Agency.

(1) The minimum lot area shall be at least 20,000 square feet in area to provide for the proper location of points of ingress and egress, and for adequate off-street storage of vehicles or other items offered for sale.

(2) Curb cuts shall be at least 50 feet from the intersection of adjacent streets, measured from the intersection of curb lines; or at least 50 feet from adjoining residential districts. The minimum front setback of any building shall be 50 feet, measured from the right-of-way; and the minimum yard setback shall be 25 feet from any side or rear lot line, except where a side or rear lot line abuts a residential district, the minimum setback shall be 50 feet. A part of the required front yard area may be used for the display of vehicles or equipment subject to approval by the Village Planning Commission.

(3) An approved obscuring fence or greenbelt at least six feet in height shall be required along any side or rear lot line abutting a residential district. The greenbelt is also subject to provisions in Section 1141.01.

(4) All drives, parking areas, and storage areas shall be improved with an asphaltic, concrete, or Portland cement surface, which shall be properly graded and drained so as to dispose of all surface water to an approved adequate outlet.

(5) All lighting on the site shall be directed or shielded from adjacent residential areas and from passing motorists on adjacent streets.

(6) If repair facilities are included for the service or repair of autos, boats, recreational vehicles, and the like, all applicable regulations for automobile repair garages in subsection (b) hereof shall apply.

(d) Hotels and motels, subject to the following conditions:

(1) The minimum lot area shall be at least 20,000 square feet in area, and shall have a minimum street frontage of at least 100 feet to provide for the proper location of points of ingress and egress, and for required off-street parking. The minimum front yard setback shall be at least 30 feet measured from the right-of-way and the minimum side and rear yard setback shall be at least 25 feet. Off-street parking may occupy a portion of the front yard area, subject to approval of a parking plan by the Village Planning Commission.

(2) Each sleeping unit shall contain at least 200 square feet of floor area, and shall include separate restroom facilities.

(3) No guest shall occupy any room for more than 30 consecutive days.

(4) An approved obscuring fence or greenbelt at least six feet high shall be provided along any side or rear lot lines abutting a residential district. The greenbelt shall also be subject to provisions outlined in Section 1141.01.

(5) All drives, parking areas, and storage areas shall be improved with an asphaltic, concrete, or Portland cement surface, which shall be properly graded and drained so as to dispose of all surface water to an approved adequate outlet.

(6) All lighting shall be arranged and shielded from adjacent residential districts, and from passing motorists or adjacent streets.

(7) If restaurant facilities are included in the hotel or motel, the building shall conform to all applicable local and state codes regarding food service facilities. Additional off-street parking shall be required for the restaurant as required by Section 1139.04.

(e) Automotive car washes, subject to the following conditions:

(1) The minimum lot width shall be at least 100 feet to allow for the proper arrangement of points of ingress and egress, and the storage of waiting cars. No point of entrance and exit shall be closer than 75 feet from the intersection of adjoining streets, measured from the intersection of curb lines. The minimum front building setback shall be 30 feet from the right-of-way line; and the minimum side and rear yard setback shall be 25 feet, except where a side or rear lot abuts a residential district, where the minimum setback shall be 50 feet.

(2) Stacking space shall be provided on the site outside the building for not less than four vehicles per bay for a car wash or one vehicle per bay for a truck wash. The proposed traffic circulation plan is subject to review and approval by the Village Planning Commission.

(3) All facilities and equipment for the washing of vehicles shall be completely enclosed within a building and no washing, waxing, or similar activity may be conducted outside of the building.

(4) The car wash shall be served by a municipal water and sanitary sewer system, or an alternate system approved by the State Environmental Protection Agency.

(5) All driveway, parking, or waiting areas shall be improved with an asphaltic concrete or Portland cement surface, graded and drained so as to dispose of all storm water to an approved adequate outlet. All wash or rinse water shall be discharged to a sanitary sewer.

(f) Retail sales of plant material not grown on the site, lawn and garden supplies, lawn furniture, and the like, subject to the following conditions:

(1) No plant materials or furniture may be displayed within an area closer than ten feet back of the right-of-way line.

(2) An obscuring fence or greenbelt at least six feet in height shall be provided along those side or rear lot lines abutting a residential district. The greenbelt shall also be subject to provisions in Section 1141.01.

(3) Any fences designed to provide a secure area for the outdoor storage of plant material or other similar goods shall be confined to the area behind the front building line, and shall not exceed six feet in height.

(4) All lighting shall be arranged and shielded away from adjacent residential districts and from motorists passing on adjacent streets.

(5) The property shall be kept free of all weeds and rubbish and suitable collection containers for the proper disposal of discarded plant materials, rubbish, and debris shall be provided at the rear of the building in an area shielded from the view of passing motorists.

(6) Any stockpiles of loose topsoil, peat moss, mulch, or similar material shall be restricted to the rear of the building and shall be obscured from the street by an obscuring fence or greenbelt at least six feet in height. No manure or similar decomposing organic matter which emits offensive odors may be stored on the site.

(g) RV, boat, commercial vehicle parking and/or storage.

(h) Off-street parking and loading as the primary use of the lot.

(i) Adult entertainment facilities subject to the following conditions:

(1) No adult entertainment business shall be permitted in a location which is within 1,500 feet of another adult entertainment business.

(2) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center.

(3) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary or any residential district.

(4) Any material that represents or visually depicts specified anatomical areas or specified sexual activities as defined in this Zoning Code shall not be permitted to be displayed in a manner that it is visible from any public right of way.

(j) Public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate the location of said building within the district in order to serve the immediate vicinity, subject to conditions as outlined in Section 1113.03(c).

(Ord. 98-44. Passed 10-8-98.)

(k) Microbreweries. In order to protect the public health, safety and welfare of residents, the following reasonable conditions are hereby adopted to regulate microbrewery facilities within this Village. “Microbrewery” means an establishment where beer, ale, etc. are brewed, typically in conjunction with a bar, tavern, or restaurant use. The maximum brewing capacity shall not exceed 12,000 gallons per year. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of the commercial space.

(Ord. 15-14. Passed 4-20-15.)

1127.04 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings, minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1127.05 APPLICATION OF DROD DESIGN REVIEW OVERLAY DISTRICT.

The Drod Design Review Overlay District, Chapter 1137, shall apply to all permitted and conditionally permitted uses in this district. The procedure contained in that chapter shall be in addition to that provided for the issuance of a zoning certificate or conditional zoning certificate for land uses governed by this chapter.

(Ord. 01-40. Passed 9-4-01.)

1129.01 PURPOSE.

The I-1 Light Industrial Districts are designed to accommodate uses which provide repair, storage, manufacturing, processing, distribution, and wholesaling facilities, and whose external physical effects are restricted to the area of the district. The uses permitted are such that they will not have an undesirable or detrimental effect on adjacent residential and business districts, and because of their nature, products, and processes, require locations separate from establishments which process or manufacture raw materials. The general goals of Light Industrial District include the following:

(a) Provide adequate space, in appropriate locations, to meet the needs of the Village's expected future economy for various types of manufacturing uses.

(b) Protect abutting residential and business districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development.

1129.02 PERMITTED USES.

Manufacturing and wholesaling of:

(a) Bakery goods, candy, cosmetics, pharmaceuticals, toiletries, and food products except fish or meat products, sauerkraut, yeast, and rendering or refining fats or oils.

(b) Cold storage plants, dairy product plants, bottling plants, and similar beverage or food processing operations except breweries and the slaughtering or processing of meat or fish products, rendering or refining of fats or oils, the production and packaging of pickles, sauerkraut, yeast, and any animal or pet foods.

(d) Lumber yards and home improvement centers for the sale, either retail or wholesale, of building and construction products, supplies, and materials.

(e) Manufacturing of consumer plastic goods.

(f) Manufacturing, processing or assembly of products including apparel, electric and electrical appliances, components, instruments and devices; household goods; musical instruments; toys; novelties.

(g) Offices and workshops for building trades such as general contractors, plumbing, heating and air conditioning, electrical contractors, masonry contractors, excavators, sign fabrication and erection, and similar construction trades.

(h) Production of medical equipment and supplies, including prosthetic devices.

(i) Public sewage disposal plant.

(j) Public utility and public service buildings and uses.

(k) Research and design, engineering and testing, and similar product development activities.

(l) Sales lots and service facilities for the sale or service of agricultural equipment, new and used cars; RV/boat/commercial vehicles and construction equipment, and repair services for autos, trucks, equipment, and machinery including specialty shops for engine repair or rebuilding, body shops including painting, radiator repair, tire repair and sales, auto glass repair and replacement, and the sale of parts or materials incidental to the above uses.

(m) Self-storage facilities including RV/boat/commercial vehicle parking/storage.

(n) Similar manufacturing, processing, service or warehousing and distribution operations, which will not have a detrimental impact on adjacent land uses, due to their generation of smoke, odor, noise, vibration, or discharge of pollutants to the atmosphere or water.

(o) Warehousing, distribution centers and wholesale trade operations, including motor freight terminals and offices (retail sales not permitted).

(p) Welding, machining and other metal fabrication operations except casting and forging operations.

(q) Woodworking, cabinet making, upholstering, and other fabrication of furniture, home and office fixtures, or accessories.

(r) Wireless telecommunications facilities subject to the following conditions:

(1) The base of such wireless telecommunication tower (tower) shall be surrounded by a fence eight foot in height with a locked gate and located as close as it is practical to the tower. Only two gate entrances shall be allowed for each tower.

(2) A green belt of living plant material of at least seven feet in height and year-round opacity shall be planted around the fence to shield accessory buildings, the base of the tower and the fence from public view, with exception to the gate entrance(s).

(3) No lights shall be permitted on the tower except those specifically required by federal law or regulation.

(4) The site shall be a minimum of the height of the tower from the nearest parcel of land zoned or used for residential purposes.

(5) Underground wiring shall be required.

(6) No employees shall be permitted at the tower site on a regular basis.

(7) If the tower is abandoned, it shall be removed within 90 days of its last date of operation.

(8) A sign not exceeding two square feet with a 24-hour emergency number shall be posted on the gate.

(9) No permanent handholds or footholds shall be permitted any closer to the ground that 15 feet.

(10) Appropriate building and electrical permits will be obtained and all construction shall be in accordance with the appropriate building and electrical codes.

(11) The applicant shall demonstrate that all less intrusive alternatives and locations including leasing space on existing towers are not feasible for its operation.

(s) Accessory buildings and uses associated with primary/permitted uses.

(t) Off-street parking and loading areas.

(Ord. 98-44. Passed 10-8-98.)

(u) Adult entertainment facilities subject to the following conditions:

(1) No adult entertainment business shall be permitted in a location which is within 500 feet of another adult entertainment business.

(2) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, day care, any park, any playground, or any social services facility or neighborhood center.

(3) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary of any residential district.

1129.03 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.

(a) Machine shops and metal fabrication shops.

(b) Metal fabrication involving presses or stamping equipment, subject to the noise ordinance of the Village of Lexington (Chapter 531 of the General Offenses Code).

(d) Recycling industries.

(1) The collection and storage of all materials shall be contained within a building or within an areas where they can be totally obscured by an eight foot high obscuring fence.

(2) The facility shall not accept, process or store on-site any hazardous material or chemicals.

(3) The facility shall not involve the stripping, dismantling or crushing of autos on the site.

(e) (EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 05-25, passed June 6, 2005.)

(f) Communication towers.

(1) As used in this subsection, “communication tower” means a structure over thirty-five feet in height above grade level that is intended for transmitting, receiving or relaying television, radio, telephone or other forms of wireless communication, but shall not apply to facilities which are an accessory use to a residential, commercial or industrial building.

(2) Within the I-1 Light Industrial District, communication towers shall be permitted provided the Planning Commission determines that each of the following conditions have been met.

A. The base of such tower shall be surrounded by a fence eight feet in height with a locked gate and located as close as is practical to the tower.

B. The base of said tower and any accessory buildings shall be inside of the fence and shielded by a green belt of living plant material well maintained and replanted as necessary in order to provide year- round obstruction from public view.

C. No lights shall be permitted on the tower except those specifically required by federal law or regulation. The tower shall be painted so as to minimize its visual impact on the area.

D. The minimum setback line between the base of the tower and all adjacent properties shall be the height of the tower.

E. Underground wiring shall be required.

F. No employees shall be permitted at the tower site on a regular basis.

G. If the tower is abandoned, it shall be removed within ninety days of its last date of operation.

H. Appropriate building and electrical permits will be obtained and all construction shall be in accordance with the appropriate building and electrical codes.

I. The applicant shall demonstrate that all less intrusive alternatives and locations including leasing space on existing towers are not feasible for its operation.

J. Each tower shall be designed to allow the co-location of at least one additional telecommunications system.

K. The requirements of Chapter 1143 shall be met.

(Ord. 99-18. Passed 5-3-99.)

(g) Churches and other buildings (without daycare) for the purposes of religious worship, subject to the following conditions:

(1) Front, side and rear yard setbacks shall be at least thirty (30) feet wide when abutting a residential district and shall be landscaped in accordance with Section 1141.01.

(3) All lighting used to illuminate the intended uses of the property shall be arranged or shielded as to reflect light away from any adjoining properties or streets.

(4) Off-street parking shall be provided as required in Section 1139.04.

(Ord. 00-67. Passed 12-18-00.)

(h) In order to protect the public health, safety and welfare of residents, the following reasonable conditions are hereby adopted to regulate wind energy facilities within this Village.

(1) Definitions. As used in this chapter:

A. "Applicant" means the person or entity filing an application under this Chapter.

B. "Facility Owner" means the person(s) or entity(ies) having an equity interest in the wind energy facility, including their respective successors and assigns.

C. "Hub Height" means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

D. "Non-Participating Landowner" means any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner.

E. "Operator" means the person or entity responsible for the day-to-day operation and maintenance of the wind energy facility.

F. "Occupied Building" means any structure used as a residence or other public, private or commercial building used for public gathering that is occupied or in use when the permit application is submitted.

G. "Shadow Flicker" means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.

H. "Turbine Height" means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor blade.

I. "Wind Turbine" means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, and may be of the following categories:

1. Commercial Wind Turbine: A wind turbine in which the total height exceeds 150 feet and generates 100 kw or more.

2. Personal Wind Turbine: A wind turbine in which the total height is less than 150 feet.

3. Hobbyist Wind Turbine: A wind turbine that is less than 50 feet in height and has a blade diameter less than 12 feet.

J. “Wind Energy Facility" means an electric generating facility, whose main purpose is to supply electricity, consisting of one wind turbine and other accessory structure and building, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

(2) Design and Installation.

A. Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.

B. Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Ohio Uniform Construction Code.

C. Controls and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection. Wind turbines shall have an automatic safety mechanism that will shut down wind turbine when icing of the wind turbine blades occurs.

D. Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

E. Visual Appearance.

1. Wind turbines shall be a non-reflective painted steel finish with non-obtrusive color such as white, off-white or gray.

2. Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

3. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

4. Wind Turbines shall be erected on monopoles only.

F. Power Lines. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

G. Warnings.

1. Clearly visible warning signs concerning voltage must be placed at the base of all transformers and substations.

2. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor.

H. Climb Prevention/Locks.

1. Wind turbines shall not be climbable up to fifteen (15) feet above ground surface.

2. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

(3) Setbacks.

A. Occupied Buildings.

1. Wind turbines shall be set back from the nearest occupied building, a distance not less than the normal setback requirements for that zoning classification or one and one-tenth (1.1) times the turbine height plus blade diameter; whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

2. Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than one and one-tenth (1.1) times the turbine height plus blade diameter, as measured from the center of the wind turbine base. to the nearest point on the foundation of the occupied building.

B. Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or one and one-tenth (1.1) times the turbine height plus blade diameter, whichever is greater. The setback distance shall be measured to the center of the wind turbine base to the nearest property line.

C. Public Streets. All wind turbines shall be set back from the nearest public street a distance not less than one and one-tenth (1.1) times the turbine height plus blade diameter, as measured from the right-of-way line of the nearest public street to the center of the wind turbine base.

No Wind Turbine or Wind Energy Facility shall be erected in the front yard or side yards of any property or within 20 feet of any lot line.

D. Waiver of Setbacks.

1. Non-participating landowners may waive the setback requirements in subsection (3)A.2. and subsection (3)B. above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.

2. The written waiver shall be in a form approved by the Village Law Director and shall notify the property owner(s) of the setback requirement by this Chapter, describe how the proposed wind energy facility or wind turbine is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this Chapter.

3. Any such waiver shall be recorded in the office of the Richland County Recorder at applicant's sole cost. The waiver, in a form approved by the Law Director, shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.

4. Upon application, the Planning Commission may waive the setback requirement for public streets for good cause.

(4) Shadow Flicker.

A. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

B. The applicant shall provide a reasonable analysis of potential shadow flicker impacts for the entire site and the adjacent properties, as requested by the Planning Commission.

(5) Noise.

A. Audible sound from a wind energy facility or wind turbine shall not exceed limits set forth by Chapter 531 of the Codified Ordinances.

B. Audible sound due to wind turbine or wind energy facility operations shall not exceed 5dba increase over existing background noise level (L90) or exceed 40dba for any period of time, when measured at any structure used as a residence, school, church, place of employment, or public library existing on the date of application for a wind turbine or a wind energy facility. All measurements should be taken using American National Standard Procedures. Measurements must be taken with qualified acoustical testing instruments meeting ANSI 1 standards.

C. A Pre-construction Background Noise Survey shall be conducted at the applicant's sole expense by an independent noise consultant contractor approved by the Village. Measurements shall be sampled for each residence, school, church, place of employment, or public library within 1 mile of proposed siting.

D. A Sound Impact Study shall be made available prior to approval of a wind turbine or wind energy facility. The Sound Impact Study could be made by a computer modeling using data specific to the wind turbine make and model. The Sound Impact Study will be conducted at the Applicant's expense by an independent noise consultant contractor approved by the Village.

The Planning Commission may evaluate noise studies when ruling on applications for conditional use of wind generation facilities.

(6) Waiver of Noise and Shadow Flicker.

A. Non-participating landowners may waive the noise and shadow flicker provisions of this Chapter by signing a waiver of their rights.

B. The written waiver shall notify the property owner( s) of the sound or flicker limits in this Chapter, describe the impact on thy property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this Chapter. The form shall be approved by the Village Law Director.

C. Any such waiver shall be recorded in the office of the Richland County Recorder at applicant's expense. The waiver shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property. The form shall be approved by the Village Law Director.

(7) Signal Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.

(8) Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate for all personal and hobbyist wind turbines and three million dollars ($3,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for commercial wind turbines. Certificates shall be made annually to the Village. Administrative Director without request.

(9) Decommissioning.

A. The facility owner and operator shall, at its sole expense, complete decommissioning of the wind energy facility, or individual wind turbines, within three (3) months after the end of the useful life of the facility or individual wind turbines.

B. The wind energy facility or wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of three (3) months.

C. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a below grade depth of thirty-six (36) inches, and any other associated facilities.

D. Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

E. At the sole cost of the facility owner, an independent and Ohio certified - SEII structural engineer shall certify the total cost of decommissioning without regard to the salvage value ofthe equipment ("Decommissioning Costs").

F. The facility owner or operator shall post and maintain with the Village an amount equal to one hundred fifteen percent (115%) of the original Decommissioning costs. In the alternative, the one hundred fifteen percent (115%) of the Decommissioning Costs may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Village Law Director.

G. If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (9)A. above, then the landowner shall have three (3) months to complete decommissioning.

H. If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (9)A. and G. above, then the Village may take such measures as necessary to complete decommissioning and use the posted funds for such purpose. The entry into and submission of evidence of a participating landowner agreement to the Village shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Village may take such action as necessary to implement the decommissioning plan as set forth herein, including upon the property and removal of all decommissioned structures.

I. The Village shall release the Decommissioning Funds when the facility owner or operator has demonstrated and the Village concurs that decommissioning has been satisfactorily completed, or upon written approval of the Municipality in order to implement the decommissioning plan.

(10) Prohibitions.

A. There shall be no co-location on any wind turbine or wind energy facility for any other use.

B. There shall be permitted only one wind turbine or wind energy facility on any parcel of property or contiguous parcels under common ownership.

(11) Variances. The Planning Commission may, in specific cases, vary or permit exceptions to any of the provisions of this section if it finds the applicant presents evidence of practical difficulties and that such variances will not violate the spirit or intent of this section and that a more harmonious and useful development will result.

(12) Penalty. In addition to the express provisions and remedies set forth in this section and Zoning Code, whoever violates or fails to comply with any provision of the section shall be guilty of a third degree misdemeanor which shall be punishable by not more than sixty (60) days in jail and a fine of not more than five hundred dollars ($500.00) per offense. Each day of violation shall constitute a separate offense.

(Ord. 14-06. Passed 3-17-14.)

1129.04 PROHIBITED USES.

The following uses shall be prohibited:

(a) The manufacturing, storage or processing of asbestos, acids, ammonia, chlorine, chlorides, sulfur and other similar corrosive or hazardous substances.

(b) The production, storage or processing or any explosives or munitions.

(d) Meat packing plants, slaughterhouses, glue manufacturing or rendering operations or production of animal feeds containing any animal by-products.

(e) The composting, incineration, reduction or storage of garbage, dead animals, offal, and similar products.

(f) The production of paper, cardboard, chip board and similar products from either recycled paper or pulp or pulp products.

1129.05 AREA AND BULK REQUIREMENTS.

See Section 1133.01, Schedule of Regulations, limiting the height and bulk of buildings, in, the minimum lot size, the maximum density permitted, and establishing minimum yard setback requirements.

1131.01 PURPOSE.

The I-2 Heavy Industrial Districts are designed to accommodate light and heavy industrial uses in the fields of repair, storage, manufacturing, processing, wholesaling, distribution, and fabrication, including large scale specialized industrial operations whose external physical characteristics may in some degree affect surrounding residential and business districts. The uses listed are intended to provide for the full range of industrial activities, but, because of certain objectionable characteristics, should be placed in separate districts.

1131.02 PERMITTED USES.

(a) All uses permitted in Section 1129.02, I-1 Light Industrial District.

(b) Automobile assembly plants.

(d) Brick, pottery, or tile manufacturing.

(e) Building materials, sales yards including saw mills and mill work.

(f) Bulk stations for the storage and distribution of motor fuels or heating oils and compressed gas products.

(g) Facilities for the mixing or production of concrete, and asphaltic concrete from tars and asphaltic products.

(h) Grain storage terminals, flour mills, grain mills, etc., except the production of pet foods from products including any animal by-products.

(i) Machine shops and metal fabrication shops.

(j) Manufacturing, processing or assembly of products using raw materials not produced on the site, not elsewhere classified.

(k) Metal fabrication involving presses or stamping equipment.

(l) Production of pharmaceuticals, cleaning supplies, food additives and other chemical products provided no operation or equipment would create noxious or offensive odors, noise, or involve the discharge of materials which would have an adverse affect on the Village's wastewater treatment process.

(m) Recycling industries.

(n) Stone and cemetery monument works employing power driven tools or equipment not causing noxious fumes, odors, or excessive noise.

1131.03 PROHIBITED USES.

The following uses shall be prohibited:

(a) The manufacturing, storage or processing of asbestos, acids, ammonia, chlorine, chlorides, sulfur and other similar corrosive or hazardous substances.

(b) The production, storage or processing or any explosives or munitions.

(d) Meat packing plants, slaughterhouses, glue manufacturing or rendering operations or production of animal feeds containing any animal by-products.

(e) The composting, incineration, reduction or storage of garbage, dead animals, offal, and similar products.

(f) The production of paper, cardboard, chip board and similar products from either recycled paper or pulp or pulp products.

1131.04 CONDITIONALLY PERMITTED USES.

The following uses shall be permitted subject to the conditions herein imposed for this use in accordance with the procedures established in Section 1143.02:

Communication Towers

(a) As used in this section, “communication tower” means a structure over thirty-five feet in height above grade level that is intended for transmitting, receiving or relaying television, radio, telephone or other forms of wireless communication, but shall not apply to facilities which are an accessory use to a residential, commercial or industrial building.

(b) Within the I-2 Heavy Industrial District, communication towers shall be permitted provided the Planning Commission determines that each of the following conditions have been met.

(1) The base of such tower shall be surrounded by a fence eight feet in height with a locked gate and located as close as is practical to the tower.

(2) The base of said tower and any accessory buildings shall be inside of the fence and shielded by a green belt of living plant material well maintained and replanted as necessary in order to provide year-round obstruction from public view.

(3) No lights shall be permitted on the tower except those specifically required by federal law or regulation. The tower shall be painted so as to minimize its visual impact on the area.

(4) The minimum setback line between the base of the tower and all adjacent properties shall be the height of the tower.

(5) Underground wiring shall be required.

(6) No employees shall be permitted at the tower site on a regular basis.

(7) If the tower is abandoned, it shall be removed within ninety days of its last date of operation.

(8) Appropriate building and electrical permits will be obtained and all construction shall be in accordance with the appropriate building and electrical codes.

(9) The applicant shall demonstrate that all less intrusive alternatives and locations including leasing space on existing towers are not feasible for its operation.

(10) Each tower shall be designed to allow the co-location of at least one additional telecommunications system.

(11) The requirements of Chapter 1143 shall be met.

(Ord. 99-18. Passed 5-3-99.)

(c) In order to protect the public health, safety and welfare of residents, the following reasonable conditions are hereby adopted to regulate wind energy facilities within this Village.