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Lisbon City Zoning Code

CHAPTER 1174

Special Provisions For Residential, Commercial And Industrial Uses

1174.01 PERFORMANCE STANDARDS.

   (a)   In General. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:
      (1)   Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
      (2)   Radioactivity or electrical disturbances. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
      (3)   Noise. Noise which is objectionable, as determined by the Board of Zoning Appeals, because of intermittence, beat, frequency or shrillness, shall be muffled or otherwise controlled. Noises may equal but shall not exceed average street traffic noise during periods that traffic noise exceeds the following decibel readings as measured at the boundary or boundaries of the district or at any point in any adjacent "R" District.
               M-1                  M-2
               75 decibels               80 decibels
      (4)   Vibration. No continuous vibration shall be permitted which will have the effect of destroying adjoining property and is found to be detrimental to the legal use of any adjoining lot or property.
      (5)   Smoke. Smoke shall not be emitted with a density greater than No. 3 on the Ringelmann Chart, as issued by the United States Bureau of Mines. Smoke of a density of No. 4 on the Ringelmann Chart shall be permitted for a period of up to eight minutes in each hour, provided that the following conditions exist:
         A.   Breakdown of equipment.
         B.   Starting new fires.
         C.   Clean-up time.
      (6)   Odors. No malodorous gas or matter shall be permitted which is offensive or which produces a public nuisance or hazard on any adjoining lot or property.
      (7)   Air pollution. No pollution of air by fly ash, dust vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
      (8)   Glare. No direct or reflected glare shall be permitted which is visible from any property outside an "M" District or from any public street, road or highway.
      (9)   Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
      (10)   Water pollution. Pollution of water shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.
   (b)   Enforcement.
      (1)   Statements and plans. The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, shall require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
      (2)   Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, Inc., the Manufacturing Chemists' Association, Inc., the United States Bureau of Mines, and their successor agencies, or to procedures established or designated by the Zoning Inspector.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1174.02 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.

   No sign shall be permitted in any district except as hereinafter provided.
   (a)   In general.
      (1)   One sign not exceeding twelve square feet in area and advertising the sale, rental or lease of the premises on which the sign is located shall be permitted on any property. Each side of which may be used to advertise.
      (2)   Announcement or professional signs for home occupations and professional activities, where permitted; shall not exceed four square feet in area in an "R" District. Each side of which may be used to advertise.
      (3)   Bulletin boards and signs for a church, school, community or other public or semipublic institutional building shall be permitted, provided that the area for such bulletin board or sign shall not exceed twenty-four square feet in area. Each side of which may be used to advertise.
      (4)   Wall signs pertaining to a nonconforming use shall be permitted on the same premises of such use, provided that the area of such sign does not exceed twenty-four square feet.
      (5)   No building wall shall be used for the display of advertising, except that pertaining to the use carried on within such building.
      (6)   Temporary signs, not exceeding in the aggregate fifty square feet, announcing special events, the erection of a building or the architect, builders, contractors, etc., therefore, may be erected for a period of sixty days, plus the construction period.
      (7)   No sign shall be placed in any public right-of-way, except publicly-owned signs, such as traffic control signs and directional signs.
      (8)   Any existing sign removed or altered must conform to the provisions of this Zoning Code.
      (9)   Signs not located on the same site as the advertised business shall not be permitted.
      (10)   A.   It shall be unlawful for anyone to post, place, hang or display any poster card or advertisement of any kind or nature upon or from any pole, post or tree upon public property, curb lawn or within ten feet of the street in said Village.
         B.   For purposes of this section, the lawn parkways adjacent to all streets and thoroughfares in the Village shall be included within the definition of public property.
         C.   Each poster, card, display or advertisement which is placed, posted, hung or displayed in violation of this section shall constitute a separate offense and each offense shall be enforced by Section 1162.99.
      (11)   Auction and real estate signs are only permitted on the property that the sign pertains to in all districts. Ten days prior to the auction for the open house date, directional signs can be placed at other private property locations provided the property owners have given prior consent. No sign shall be placed in the curb lawn or where there is not sidewalk within ten feet of the curb or pavement. Directional signs must be removed the same day immediately after the auction and/or open house.
   (b)   Signs in Business or Manufacturing Districts.
      (1)   In a Business or Manufacturing District, each business shall be permitted one flat or one wall sign not to exceed two feet from the main wall or the building. No perpendicular signs will be allowed.
      (2)   The area of all permanent advertising signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by such enterprise. For purposes of this paragraph, width shall be measured along the building face that is parallel or most nearly parallel to the street line. In the case of a corner lot, either frontage may be used in determining the maximum area of the sign.
      (3)   Free-standing signs not over thirty feet in height, having a maximum total sign area of 100 square feet and located not closer than ten feet from any street right-of-way line and not closer than 100 feet from any adjoining lot line, may be erected to serve a group of business establishments. There shall be only one free-standing sign for each building, regardless of the number of businesses conducted in such building.
      (4)   Pole signs of symbolical design shall be permitted for business establishments, provided that:
         A.   No part of such sign shall project into the right-of-way of any street or highway;
         B.   The maximum area of any face of such sign shall not exceed forty-five square feet; and
         C.   The pole support of the sign shall not be less than fifty feet from any lot in any "R" District.
      (5)   The area of all permanent advertising signs for any single business enterprise may be equivalent to one and one-half square feet of sign area for each linear foot of width of a building, or part of a building, occupied by such enterprise, but shall not exceed a maximum area of 100 square feet. In computing the area of free-standing or protruding signs, all faces on which advertising is displayed are considered sign area.
      (6)   In any Business or Industrial District located adjacent to the interchange of any expressway, interstate highway or limited access highway, one business identification sign shall be permitted, in addition to any other signs hereinbefore provided. Any such sign shall conform to the following:
         A.   The height of such a sign shall not exceed 100 feet;
         B.   The maximum area of any face of such a sign shall be 200 square feet;
         C.   Such a sign shall contain only the name of the company, the service provided or the use to which the property is being put, and in no event shall it contain any other descriptive material; and such a sign shall be nonmovable and, if illuminated, must maintain constant illumination and not flash.
   (c)   Setback Requirements. Except as provided above, signs and outdoor advertising structures, where permitted, shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in the district where such sign or outdoor advertising structure is permitted, except for the following modifications:
      (1)   For every square foot by which such sign or outdoor advertising structure exceeds eighty square feet, such setback shall be increased by one-half but need not exceed 100 feet.
      (2)   At an intersection of any State or Federal highway with a major or secondary street, the setback of any sign or outdoor advertising structure shall not be less than 100 feet from the established right-of-way of each highway or street.
      (3)   Real estate signs and bulletin boards for a church, school or any other public, semipublic, religious or educational institution may be erected not less than ten feet from the established right-of-way line of any street or highway, provided that such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
   (d)   Special Yard Provisions. The following special provisions shall be observed in the erection or placement of signs and outdoor advertising structures in a Business or Industrial District:
      (1)   No such sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any "R" District within 100 feet of such lot line, or which faces any public parkway, public square or the entrance to any public park, public or parochial school, library, church or similar institution within 300 feet thereof.
      (2)   Signs and advertising structures, where permitted, shall be erected or placed in conformity with the side and rear yard requirements of the district in which such signs or advertising structures are located, except that no sign or advertising structure shall be erected or placed closer than within fifty feet from a side or rear lot line in any "R" District.
   (e)   Illumination. The following provisions shall be observed in the illumination of signs and advertising structures:
      (1)   All signs and advertising structures, except as hereinafter modified, may be illuminated internally or by reflected light, provided that the source of light is not directly visible and is so arranged as to reflect away from the adjoining premises, and provided, further, that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights.
      (2)   No illumination involving movement or causing the illusion of movement by reason of the lighting arrangement or other devices shall be permitted.
   (f)   Subdivision Signs. Upon application to the Zoning Inspector, a permit may be issued as a special exception to the terms of this Zoning Code allowing a land-sales sign, provided that:
      (1)   The sign shall not be illuminated;
      (2)   The sign shall advertise the sale or development of a recorded lot subdivision;
      (3)   The sign shall be erected only upon the property for sale or being developed;
      (4)   The sign shall not be in excess of forty square feet;
      (5)   Not more than one such sign shall be placed along one road frontage of any property in single and separate ownership, and not more than two such signs shall be permitted in any single development; and
      (6)   A permit for the erection, construction or alteration of such sign shall expire within one year.
   (g)   Permits.
      (1)   A separate permit shall be required for the erection of signs regulated in this Zoning Code, except that no permit shall be required for temporary real estate signs with an area of twelve square feet or less, for the sale or lease of property, and for small announcement signs with an area of less than four square feet. Announcement signs, except those for professional and home occupations, shall be removed by the person or persons responsible for posting the same within thirty days after erection.
      (2)   Each application for a sign permit shall be accompanied by a drawing showing the design proposed, the size, character and color of letters, lines and symbols, the method of illumination, the exact location of the sign in relation to the building and property, and the details and specifications for construction. A fee of ten dollars ($10.00) shall accompany each application for a sign permit.
   (h)   Exemptions. Public notices, traffic control signs and other official signs and notices are exempt from the provisions of this section.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1679. Passed 11-27-2001; Am. Ord. 1905. Passed 12-13-11.)

1174.03 MINERAL EXTRACTION, STORAGE AND PROCESSING.

   The extraction, storage and processing of minerals, including the removal of sand, gravel, clay and soils, shall be conducted in accordance with the following requirements:
   (a)   Extraction, storage and processing of minerals of all types shall be permitted only in S-1, A-1 and M-2 Districts, as specified in the use regulations of Chapter 1170. An exception to this requirement is granted if lateral fracturing or drilling is performed pursuant to a written agreement between a public or private entity and an oil or gas company.
   (b)   The performance requirements of Section 1174.01 shall be met.
   (c)   Mineral extraction, storage or processing shall not be conducted closer than 500 feet from any "R" District, nor closer than 200 feet from any structure used for human occupancy in any other district.
   (d)   Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed.
   (e)   The operator shall file with the Zoning Inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads and natural features.
   (f)   The operator shall submit information on the anticipated depth of excavations and on the depth of the existing water table and public utilities, and also on the probable effect of such excavations on the existing water table, public utilities, roads and surface drainage.
   (g)   The operator shall file with the Board of Zoning Appeals a detailed plan for the restoration of the area to be mined, which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs to be planted and the location of future roads, drives, drainage courses or other improvements contemplated.
   (h)   The operator shall file with Council a bond payable to the Municipality and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate, per acre of property to be mined, of the required bond, shall be as fixed by ordinance of Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
   (i)   All drilling shall be consistent with State and Federal guidelines.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1174.04 EXCAVATION OF FILL FOR HIGHWAY CONSTRUCTION.

   Excavation of fill for highway construction outside highway rights-of-way shall be permitted only in S-1 and A-1 Districts only after approval of Council is granted. The construction contractor shall provide proof that the source of community water supply shall not be adversely affected due to lowering the water table or contaminating the supply before permission for excavation is given in S-1 and A-1 Districts. The contractor shall also submit a plan and description as to the manner in which public utilities, roads and surface drainage are to be restored in those instances where such facilities are to be disturbed by the excavation.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1174.05 AUTOMOBILE WRECKING AND METAL SALVAGING, SALES AND STORAGE FACILITIES.

   (a)   The dismantling or wrecking of automobiles or the salvaging of metal materials for the sale or storage of the salvaged parts or material shall be permitted only in an M-2 District, subject to approval of Council and after permission has been granted by the Board of Zoning Appeals.
   (b)   Automobile wrecking and metal salvaging, sales and storage shall be effectively screened on all sides by means of walls, fences or plantings. Walls or fences shall be a minimum of eight feet in height with no advertising thereon. In lieu of such wall or fence, a strip of land not less than fifteen feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six feet in height may be substituted. Storage of materials shall not exceed the height of the screening.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1174.06 TEMPORARY BUILDINGS AND CONSTRUCTION TRAILERS.

   Temporary buildings and construction trailers used in conjunction with construction work may be permitted in any district only during the period that construction work is in progress, and such temporary buildings and construction trailers shall be removed upon completion of the construction work.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1174.07 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.

   (a)   The open storage and display of material and equipment incident to permitted or conditional uses in a “B” or “M” District shall be permitted, provided that the area used for open storage and display shall be effectively screened from all adjoining properties in any “R” District by means of walls, fences or plantings. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such a wall or fence, a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting may be substituted.
   (b)   The temporary open storage of a contractor’s equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a special permit authorized by the Board of Zoning Appeals.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1174.08 SITE PLAN REVIEW FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS.

   Site plans for the development of commercial and industrial projects which are likely to generate traffic to such a degree as to seriously interfere with the movement of existing and future traffic on the thoroughfares providing access to the property to be developed shall be submitted to the Planning Commission for review and approval prior to the issuance of a zoning certificate. The Commission may, at its discretion, submit the site plan to the Regional Planning Commission for recommendation and report. Submission of site plans for the development of commercial and industrial projects shall be acted upon within sixty days of the date of submission to the Municipal Planning Commission.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)