Loveland City Zoning Code

TITLE FIVE

Supplemental Zoning Standards

CHAPTER 1174 Table of Permitted Signs

	ZONING DISTRICTS
	Resident- ial Low- Density	Resident- ial- Medium Density	Resident- ial- Multi- Family	Historic1	Office- Resident- ial	Business- Retail	Business Corridor	Corporate Campus District	Light Industrial	Agricul- tural District1	Scenic Water- ways Active1	Scenic Water- ways Passive1
	R-LD	R-MD	R-MF	H	O-R	B-R	B-C	CCD	L-I	A	S-WA	S-WP
Directional Signs
Permitted Number (per driveway)						2	2		2	P & Z	P & Z	P & Z
Max Height (in feet)				3	3	3	3	3	3	P & Z	P & Z	P & Z
Max Area (in sq. feet)				3	3	3	3	3	3	P & Z	P & Z	P & Z
Pole Standing Signs
Permitted Number (per lot)							12		12
Max Height (in feet)							20		10
Max Area (sq. feet per lineal foot of frontage)							1		1
Max Area (in sq. feet)							125		82
Ground Mounted Signs
Permitted Number (per lot)	1	1	1	12	12	12	12	12	12	P & Z	P & Z	P & Z
Max Height (in feet)	5	5	5	5	6	10	10	6	10	5	5	5
Max Area (sq. feet per lineal foot of frontage)	N/A	N/A	N/A	1	0.5	1	1	0.5	1	N/A	N/A	N/A
Max Area (in sq. feet)	20	20	20	64	16	82	82	16	82	10	10	10

ZONING DISTRICTS

Resident- ial Low- Density

Resident- ial- Medium Density

Resident

ial- Multi- Family

Historic1

Office- Resident- ial

Business- Retail

Business Corridor

Corporate Campus District

Light Industrial

Agricul- tural District1

Scenic Water- ways Active1

Scenic Water- ways Passive1

R-LD

R-MD

R-MF

O-R

B-R

B-C

CCD

L-I

S-WA

S-WP

Portable Sandwich Signs

Permitted Number (per business)

Max Height (in feet)

Max Area (in sq. feet) per Display Face (maximum of two sign faces)

Min. distance between portable sandwich signs (in feet) for multi- tenant buildings

Projecting Signs

Permitted Number (per lot)

Max Height (in feet) above Sidewalk / Driveway

8 / 15

Max Area (in sq. feet)

Subdivision Signs

Permitted Number (per subdivision)

Max Height (in feet)

Max Area (in sq. feet)

	ZONING DISTRICTS
	Resident- ial Low- Density	Resident- ial- Medium Density	Resident- ial- Multi- Family	Historic1	Office- Residen- ial	Business- Retail	Business Corridor	Corporate Campus District	Light Industrial	Agricul- tural District1	Scenic Water- ways Active1	Scenic Water- ways Passive1
	R-LD	R-MD	R-MF	H	O-R	B-R	B-C	CCD	L-I	A	S-WA	S-WP
Temporary Commercial
Permitted Number (per lot)				1	1	1	1	1	1	1
Max Height (in feet)				5	6	6	6	6	6	6
Max Area (in sq. feet)				6	6	10	10	6	10	10
Temporary Non-Commercial
Permitted Number (per lot)	1	1	1	1	1	1	1	1	1
Max Height (in feet)	5	5	5	5	6	6	6	6	6
Max Area (in sq. feet)	6	6	6	6	6	10	10	6	10
Wall signs
Permitted Number (per building occupant)	1	1	1	13	13	13	13	13	13
Max Area (sq. feet per lineal foot of frontage)	N/A	N/A	N/A	1	0.5	1	1	0.5	1
Max Area (in sq. feet)	2	2	2	64	16	64	64	16	N/A
1. All signs located in this district shall be constructed of wood unless approved by the Planning and Zoning Commission, except sandwich board signs per Section 1173.13B4. 2. Each permitted use may erect and maintain one pole standing sign OR one ground mounted sign. Each structure containing multiple occupants shall have a maximum of one ground mounted sign OR one pole standing sign to be used by all occupants. 3. Wall signs shall not project more than 12 inches from the building wall and shall not extend above the wall or beyond the wall to which it is attached. One wall sign shall be permitted for each side of a building, whereby the tenant occupies the space adjoining the external wall. Wall Signs which are adjacent to a residential district or residential use and not a public right of way shall not be externally or internally illuminated.

(Ord. 2007-24. Passed 2-13-07; Ord. 2012-45. Passed 5-22-12.)

1165.01 CONVERSION OF DWELLING UNITS.

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter with the subchapter applying to such district.

1165.02 STREET FRONTAGE REQUIRED IN ZONING DISTRICTS.

Residential building lots shall contain at least 40 feet of lot frontage abutting on a public right-of-way. When in the public interest and not solely for the interest of the applicant, the Planning and Zoning Commission shall review for appropriateness two or three residential adjacent building lots that share a common driveway. Two residential adjacent building lots that share a common driveway may each have 30 feet of lot frontage abutting on a public right-of-way. A limit of three residential adjacent building lots sharing a common driveway may each have 25 feet of lot frontage abutting a public right-of-way. Common driveways which serve two or three lots shall have a minimum width of 16 ft. Four or more lots are not permitted to have a common driveway.

1165.03 REDUCTION OF REQUIRED AREA OR SPACE.

No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this Zoning Code. No part of a yard, court, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this chapter, shall be included as part of the yard, court, parking area or other space required under this chapter for another building or structure. Furthermore, no part of a yard, court, parking area or other space provided which is already less than the required minimum shall be reduced further.

1165.04 PARKING AND OCCUPANCY OF MOBILE HOMES.

No person shall occupy any mobile home or house trailer on any premises in the City, except educational trailers, or temporary construction or office trailers located on construction sites. Temporary construction or office trailers may be occupied by those employed at the site, but not as dwellings, and not for periods in excess of six months. The Board of Zoning Appeals may extend the period of occupation of a temporary construction or office trailer for an additional six months, on application and for good cause shown. The temporary parking of a house trailer for a period not to exceed six months on any premises, in side or rear yards, shall be permitted. The temporary parking and the permanent parking or storage of an unoccupied trailer in an accessory private garage, or other accessory building, side or rear yard, shall be permitted, provided that no living quarters shall be maintained and no business conducted in such trailer while it is so parked or stored, and provided that no front yard shall be occupied by such trailer or mobile home. In addition, in any district, the wheels or any similar transporting devices of any trailer or similar facility shall not be removed except for repairs, nor shall any trailer or similar facility be otherwise permanently fixed to the ground in a manner that would prevent removal of the trailer, or similar facility.

1165.05 VISIBILITY ACROSS CORNER LOTS.

In any district on any corner lot, no fence, structure or planting shall be erected or maintained within a triangle 20 feet from the intersection of the right-of-way lines which may interfere with traffic visibility across the corner; provided that in the H Historic District, buildings may be erected on the same footprint.

1165.06 FENCES, WALLS AND HEDGES.

Fences, walls, and hedges are permitted in all districts, subject to the following conditions:

(a) Location.

(1) No fence, with the exception of decorative fences as defined in Chapter 1107, or wall shall be located in the front yard of any residential property. Furthermore, no fence or wall shall project past the front building line of any principally permitted or conditionally permitted structure.

(2) Hedges may be permitted in the required front yard provided that the hedge coverage shall not exceed thirty percent (30) % of the total lot frontage.

(3) If no structure exists on said residential property, no fence, wall, or hedge may project past the front building line of the average of the adjacent properties or the minimum front yard setback whichever is greater.

(4) No fence, wall, or hedge shall be closer than three feet to any right-of-way line.

(b) Height.

(1) Fences, wall, and hedges shall not exceed six feet in height for residential uses unless such fence, wall or hedge is used for screening purposes in which case its height shall not exceed eight feet.

(2) Fences, walls, and hedges shall not exceed eight feet in height for non- residential uses.

(1) Fences shall not contain an electric charge unless located in an Agricultural District.

(2) Barbed wire shall only be permitted in the L-I Light Industrial District and only on the top of a perimeter fence, with a minimum height of six feet.

(d) Site Distance Requirements. No fence, wall, or hedge shall violate the sight distance requirements found in Section 1165.05.

(e) Zoning Certificate. A zoning certificate is required from the City for the erection or installation of all fences and walls.

(Ord. 2007-46. Passed 6-12-07.)

1165.07 SATELLITE DISH.

Satellite dishes, when permitted as an accessory use, are subject to the following conditions:

(a) Location.

(1) Satellite dishes may be erected or installed on the ground of any property; provided that in the B-C, B-R, H and L-I Districts, roof mounting shall also be permitted.

(2) Satellite dishes shall be set back a minimum ten feet from all property lines.

(3) Satellite dishes shall be prohibited in the front and side yards of the property on which it is located.

(4) Satellite dishes that are 36 inches or less in diameter are permitted in the rear yard or located on the structure. Dishes over 36 inches in diameter are to be conditionally approved by the Planning & Zoning Commission.

(b) Height and Size.

(1) The maximum height of any ground-mounted earth satellite station/satellite dish shall not exceed 15 feet above the furnished grade and its diameter shall not exceed 12 feet.

(2) The maximum height of any roof-mounted earth satellite station/satellite dish shall not exceed the roof height it is mounted on by more than four feet and its diameter shall not exceed three feet.

(d) Landscaping and Maintenance.

(1) The satellite dish apparatus where mounted to the ground shall be screened with shrubbery and/or landscaped.

(2) The satellite dish apparatus, landscaping and shrubbery shall be properly maintained to prevent both unsightly and unsafe conditions.

(e) Permit. No person, firm or corporation shall undertake the construction, erection or installation of any satellite dish without a building permit and zoning certificate issued in accordance with the provisions of this Code. In addition to the requirements of this Code, the application for such permit shall include the following:

(1) A description of the type of satellite dish proposed;

(2) A plot plan of the lot, premises, or parcel of land showing the location of the proposed satellite dish and all other buildings thereon;

(3) Plans depicting the specifications and elevations of the proposed location, to include satisfactory screening and landscaping for ground-mounted structures; and

(4) Details of the method of assembly and construction of the proposed satellite dish.

1165.08 HOME OCCUPATIONS.

Home occupations shall be subject to the following conditions in addition to use regulations in various districts:

(a) Said home occupation shall be clearly incidental and subordinate to the use of the property for residential purposes.

(b) Not more than the equivalent of twenty-five percent (25%) of the gross floor area of the dwelling shall be for a home occupational use.

(c) The external appearance of the structure in which the use is conducted shall not be altered. Furthermore, no external alteration, construction or reconstruction of premises to accommodate the use shall be permitted.

(d) One unlighted sign of not more than two square feet in area, attached flat against the building, shall be permitted.

(e) There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises may be sold on the premises. No display of the products shall be visible from the street.

(f) No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupational use, shall be created.

(g) No equipment, process, materials or chemicals shall be used which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances.

(h) Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.

1165.09 UTILITY STATIONS AND WIRELESS COMMUNICATION ANTENNAS.

(a) Utility Stations. Utility station structures are conditionally permitted uses in all districts, subject to the following conditions:

(1) Minimum size lot. Utility stations shall have a minimum lot size of one acre.

(2) Location. All utility station structures shall be located a minimum of 100 feet, from any R-District property line.

(3) Enclosure. Utility stations shall be enclosed with an eight foot high fence.

(4) Landscaping. Utility stations shall be fully screened from view with adequate landscaping materials.

(b) Wireless Communication Facilities.

(1) Purpose and intent. It is the purpose and intent of the following subsections to comply with the Federal Telecommunications Act of 1996, enacted on February 8, 1996, by and through the following objectives:

A. To accommodate the need for cellular or wireless communication facilities, while not unreasonably discriminating among providers of equivalent telecommunications services.

B. To regulate the number and placement of wireless communication facilities in the City.

C. To acknowledge that the City is prohibited, by virtue of the existence of standards established by the Federal Communications Commission, from regulating radio frequency emission levels based on concerns associated with these emissions and any health risk posed by them.

D. To minimize the adverse visual effects of wireless communication facilities through proper siting, design and screening.

E. To encourage the joint use of any new and existing wireless communication facilities to reduce the number of such structures needed in the future.

(2) Definitions.

COLLOCATED STRUCTURE. A conditionally permitted telecommunications facility which is a primary structure which supports more than one wireless communication provider's equipment.

COLLOCATION. The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of wireless communication facilities with other facilities such as water tanks or other utility facilities.

PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

PRIMARY STRUCTURE. A conditionally permitted telecommunications facility which is capable of supporting more than one wireless communication provider's equipment and which is the solely existing structure on a parcel of land.

SECONDARY STRUCTURE. A conditionally permitted telecommunications facility which is permitted to exist on a parcel of land in conjunction with other principally or conditionally permitted uses.

SUPPORT STRUCTURE. A single, free-standing pole, monopole, post, lattice tower, or similar structure, used to support equipment associated with a single or collocated wireless communication facility.

TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

WIRELESS COMMUNICATION ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services, and ground-wired communications systems, and including other equipment utilized to serve personal communication services.

WIRELESS COMMUNICATION EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless communication facility is housed.

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

WIRELESS COMMUNICATION SITE. A tract, lot or parcel of land that contains the cellular or wireless communication facilities, including monopoles, antenna, support structures, and any other uses associated with cellular or wireless communication transmission.

(3) Application procedure. A company or individual wishing to place a cellular or wireless communication antenna or support structure within the city must apply for a conditional use pursuant to Section 1111.06.

(4) Use regulations.

A. General Requirements.

1. Accommodate other uses. In order to reduce the number of antenna support structures needed in the City in the future, the proposed cellular or wireless communication facility shall be required to accommodate other uses, other cellular or wireless communication companies, and the local police, fire and ambulance departments.

2. Licensing. The wireless communication provider must demonstrate to the City that it is licensed by the Federal Communications Commission.

3. Plot Plan. When the proposed wireless communication facility is to include a new support structure, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

4. Natural resource protection. The location of the support structure and wireless communication equipment shelter shall comply with all natural resource protection standards established in this Zoning Code, including those for floodplain, wetlands and steep slopes.

5. Fencing. Security fencing eight feet in height shall surround the support structure, the wireless communication equipment shelter, and the wireless communication facility, either completely or individually, as determined by the Planning and Zoning Commission.

6. Support structure safety. All cellular or wireless communication facilities shall be fitted with anti-climbing devices.

7. Landscaping. Landscaping shall be installed around the perimeter of the security fence and at a height to adequately screen the wireless communication facility. The landscaping plan shall incorporate the goal of preserving existing vegetation (trees and shrubs). All landscaping plans shall be submitted to and approved by the Planning and Zoning Commission.

8. Effort to collocate. Any applicant requesting permission to install a new support structure shall provide evidence of written contact with both of the following:

a. All wireless service providers who supply service using existing support structures within a one mile radius of the proposed site.

b. All owners of nearby structures which are technologically capable of accommodating wireless communication facilities within a one mile radius of the proposed site. The nearby structures shall include water towers, smoke stacks, buildings not less than 35 feet in height, and other tall structures in the district.

The applicant shall inquire about potential collocation opportunities at all technically feasible locations. All contacted providers and/or property owners shall be required to respond in writing to the inquiry within 30 days. The applicant's letters as well as the contacted provider's and/or property owner's responses shall be presented to the Planning and Zoning Commission as a means of demonstrating the need for a new support structure.

All proposed support structures shall be located no less than one-half of a mile from any other existing support structures. If the support structure cannot be located more than one-half of a mile from any other support structure, the applicant shall demonstrate, using the latest technological evidence, why the support structure must be placed in a proposed location in order to serve its necessary function in the applicant's grid system. Prior to granting a Conditional Use Permit, the Planning and Zoning Commission may require that the proposal be reviewed by an independent qualified consultant, at the cost of the applicant, to confirm the technological needs of the applicant. Upon review of the aforementioned evidence, the Planning and Zoning Commission may elect to permit the location of the proposed support structure less than one-half of a mile from any other existing support structure.

9. Appearance of support structure. The support structure shall be a noncontrasting color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

10. Signage. No advertising is permitted anywhere on the facility, with the exception of a two foot square identification sign. "No trespassing" signs shall be posted around the facility with a telephone number of whom to contact in the event of an emergency.

11. Removal. All providers utilizing a support structure shall present a report to the Zoning Administrator notifying him or her of any wireless communication facility located in the City whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 12 months, the Zoning Administrator may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) If reactivation or dismantling does not occur, the City will remove or will contract to have removed the facility and assess the owner/operator the costs of such removal.

12. Lighting. No support structure shall be artificially lighted except to assure safety or as required by the FAA. Security lighting around the equipment shelter may be permitted. All lighting shall be shielded or baffled in a manner as to disguise source recognition of light by adjoining properties.

13. Access to site/facility. Applicants will provide evidence of legal access to the wireless communication site and facility thereby maintaining the access regardless of other developments that may take place on the site.

14. Permits. A Conditional Use Permit must be approved by the Planning and Zoning Commission with a subsequent Building Permit issued by the Zoning Administrator for construction of new support structures in all districts. However, the addition of a wireless communication antenna to a primary structure, the location of a wireless communication antenna on existing structures or buildings, including structures which are legally nonconforming, or the replacement of an existing, support structure, are principally permitted uses and will not be subject to the conditional use permitting process.

15. Written denial of request. Any decision to deny a request to place, construct or modify a wireless communication antenna and/or support structure shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission.

16. Underground shelters. Underground equipment shelters are encouraged. The Planning and Zoning Commission shall require that underground shelters be installed within residential and SPD Districts.

(5) Lot size, height and setback requirement.

A. Minimum Lot Size. The minimum lot size for all wireless communication sites shall be two acres.

B. Minimum Setback Requirements. All wireless communication facilities shall be subject to the following setback requirements:

1. All support structures shall be located a minimum of 300 feet from any residential district property line.

2. All support structures located in nonresidential districts shall be subject to the required setbacks of the district in which it is located or a setback of 50 feet, whichever is greater.

C. Maximum Height Regulation.

1. All primary structures, secondary structures and collocated structures including antennas, in all districts shall be no greater than 200 feet.

2. The maximum height of all wireless communication antennas located on an existing building or structure shall be no greater than 20 feet or 20% of the height of the existing building or structure, whichever is greater.

1165.10 SECONDARY FAMILY DWELLING UNITS.

An additional dwelling on a lot may be permitted on lots used for single family residential purposes subject to the following conditions;

(a) A secondary dwelling unit may be permitted in the rear or side yard of a permitted dwelling if it conforms and is pursuant to conditional use procedures set forth in Section 1111.06.

(b) There must be provided for any such dwellings, an unoccupied and unobstructed accessway of not less than eight feet wide, to a public street for the rear dwelling unit.

(c) The secondary family dwelling unit shall be occupied only by members of the family occupying the primary dwelling on the lot.

(d) The secondary family dwelling unit shall not exceed seventy-five percent (75%) of the footprint square footage of the principal dwelling.

(e) Secondary dwelling shall be metered by a separate water meter.

1165.11 AUTOMOTIVE FILLING STATIONS.

The following requirements shall apply to automotive filling stations in the City.

(a) Lot Area and Frontage Requirements. The lot on which an automotive filling station is located shall have an area of not less than 25,000 square feet and a total frontage of no less than 150 ft.

(b) Building Requirements. All businesses, services or repairs conducted on the automotive filling station premises shall be conducted wholly within a completely enclosed building. The sale of motor vehicle fuel, lubricants and fluids may be conducted outdoors in accordance with this section.

(c) Entrances; Distance Requirements. Any vehicle ingress or egress on an automotive filling station premises shall be set back a minimum of 50 feet from the district line of any adjoining residential district. Any vehicle ingress or egress on an automotive filling station premises shall be set back a minimum of 200 feet from the property line of any school, public playground, park, cemetery, church, hospital, day care center, nursing home or public library, except where the lot on which such use exists abuts a street upon which the automotive filling station lot does not abut. Anything less than 200 ft. shall be subject of a conditional use process.

(d) Location of Equipment. Motor vehicle fuel pumps, compressed air connections and similar equipment shall be erected no closer than 15 feet to any right-of-way line, and 40 ft. from a residential district.

(e) Location of Canopies. Canopies erected on an automotive filling station site shall be erected no closer than five feet to any right-of-way line, and 40 ft. from a residential district.

(f) Yard Requirements. The building in which an automotive station is housed shall have a minimum setback of at least 40 ft. from any residential land use and residential property line.

(g) Driveways. Development plans showing ingress and egress to and from an automotive filling station premises shall be submitted to the Zoning Administrator for their approval. In granting or withholding approval, the Planning and Zoning Commission shall consider the impact of such driveway on traffic congestion, the need for access and the following minimum requirements:

(1) Lots with an excess of 150 foot frontage. Each lot with a frontage in excess of l50 feet may have two driveways provided that they are located and constructed as to provide safety to pedestrians and motorists using the property. Furthermore, the site shall be designed to maximize unbroken curb.

(2) Minimum distance of driveways from intersections. In all cases, minimum distance of driveways from street intersections shall be 30 feet measured from the nearest side of the driveway to the nearest right-of-way line of the intersecting street.

(h) Other Uses Combined with Automotive Filling Station Use. Other uses permitted in a district in which automotive filling stations are permitted may be combined on the same premises with automotive filling station uses provided that, before the commencement of such combined uses, a development plan shall be submitted to the Planning and Zoning Commission for its review and approval. In determining the approval, approval with modifications or disapproval of such development plan, the Planning and Zoning Commission shall consider the following factors, and its approval or disapproval shall be based on the following factors alone:

(1) Access, ingress, egress and traffic circulation;

(2) Off-street parking and loading spaces as required by Section 1171.01;

(3) Adequate and safe separation of uses; and

(4) Compliance with the requirements of this section.

(i) Parking of Vehicles. No vehicles shall be parked within the required front yard setback of any automotive filling station except for those vehicles actually being serviced at the pump island. No vehicle not owned by an employee or owner of such automotive filling station shall be permitted to stand out of doors on such premises for more than 24 consecutive hours.

(j) Rental Trailers. If rental trailers are stored on the premises, as regulated in this chapter, a minimum lot area of 12,000 square feet shall be devoted exclusively to the filling station use and there shall be provided, behind the principal building, an additional structure for the storage of rental trailers on such premises, subject to bufferyard or other provisions as may be deemed necessary and desirable by the Planning and Zoning Commission.

(k) Paving and Curbing. Any vehicle travel or parking area, other than that required for bufferyard or landscaping, shall be paved with a permanent surface of concrete, asphalt or other approved structural surface. A raised curb of not less than six inches in height shall be constructed along the entire street property line except for driveway openings. Sidewalks shall be required. All landscaping shall be approved by the Planning and Zoning Commission.

(l) Abandonment. The following shall regulate the abandonment of automotive filling stations:

(1) If any automobile filling station’s use has been discontinued for twelve (12) consecutive months, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.

(2) A. Such discontinued use shall be abated within sixty (60) days of written notice from the City Manager or the City Manager’s designee, either by placing the station in operation in accordance with this section and other applicable laws and regulations of the City and State, adapting and using the building or structure for another permitted use in the district in which it is located. Uses other than a service filing station shall remove the pumps and signs, abandon the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the City's Fire Chief or other designated officials, and filling depressions to the grade level of the lot.

B. Whenever the Zoning Administrator shall find any automotive filling station to be abandoned within the meaning of this section, the Administrator shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or the address to which tax bills are sent, or by a combination of the foregoing methods.

(3) On the failure, neglect or refusal of any owner to comply with the notice to abate such discontinuance of use, the City Manager or the City Manager’s designee shall take such action as may be necessary to abate such nuisance.

(4) In the case of a filling station that has had its use discontinued and is being used by the owner or the public for the parking of vehicles, the City Manager or the City Manager’s designee may order the removal of any parked vehicles. The City Manager shall have posted a sign on the premises stating that parking is prohibited and contact the registered owners of the vehicles no less than forty-eight (48) hours prior to the removal of the vehicles. The City Manager or the City Manager’s designee shall take appropriate steps to ensure no additional cars are parked on the premises of an inoperative filling station.

1165.12 DAY CARE FACILITIES.

The following regulations shall apply to day care facilities:

(a) Outdoor play areas for children shall be permitted in the side and rear yards only.

(b) Any day care facility with an outdoor play area shall enclose said area with a fence or wall a minimum of five feet in height. Fence or wall requirements shall also be subject to Section 1165.06.

Any day care facility with an outdoor play area shall enclose said area with a fence or wall a minimum of five feet in height. Fence or wall requirements shall also be subject to Section 1165.06.

(c) Unloading and loading of children from vehicles shall only be permitted in the driveway or approved parking area of the facility. An on-site drop off area sufficient to accommodate two vehicles shall be provided.

(d) The use of outdoor play equipment and areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

(e) When located in a residential district or a residential sub-district of an SPD the exterior of the front of the facility shall not differ in appearance to the character of the surrounding neighborhood in which it exists.

1165.13 OUTDOOR BULK STORAGE OR DISPLAY.

The following regulations shall apply to outdoor bulk storage or displays:

(a) The outdoor storage or display of bulk goods including seasonal items such as firewood and mulch shall be controlled by the following regulations:

(1) The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.

(2) The outdoor storage or display of merchandise, inventory or materials shall not be located in any required setbacks within the lot and shall not be allowed in a residential district or a residential sub-district of an SPD, R- MF, R-LD, R-MD, O-R.

(3) The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.

(4) Outdoor storage areas shall be required to be fully screened with an opaque fence or wall not to exceed eight feet in height.

(5) All containers must be intact and kept neat and tidy daily.

(b) Outdoor storage or display locations shall be approved by the Zoning Administrator upon the application of the record owner of the property.

(c) Applications for outdoor storage or display areas shall be on a form provided by the Zoning Administrator and shall be submitted with a site plan depicting the location of the said storage or display areas with supporting documentation indicating the impact of the storage or display area on the property as a whole. The Zoning Administrator may request the specific review and approval of the Planning and Zoning Commission of any application. The review and approval of the Board of Zoning Appeals may also be requested by any applicant whose application has been rejected or modified by the Zoning Administrator, which request must be made in writing and must be made within ten days of such rejection or modification.

1165.14 HELISTOPS.

Helistops shall only permitted in CCD and Agricultural District. The following regulations shall apply to helistops:

(a) Fueling, maintenance or overhaul of aircraft at a helistop is prohibited.

(b) In addition to aviation and structural requirements which may be imposed by the proper authorities, helistops, where permitted, shall comply with the following requirements:

(1) A minimum unobstructed landing area shall not be less than 125 X 125 feet when located on the ground and not less than 40 X 40 feet when located on a rooftop.

(2) No landing area shall be developed or shall continue to be used within a horizontal distance of 200 feet from any other district.

1165.15 ADULT ENTERTAINMENT FACILITY.

An adult entertainment facility is a special exception within the B-R Business-Retail District. The exterior of the facility shall not differ in appearance to the character of the surrounding buildings in the area in which it exists. A special exception for such facilities shall not be approved unless the following minimum conditions shall be complied with:

(a) Minimum Location Requirements. No adult entertainment facility shall be established within 1,000 feet of:

(1) Any residentail (R) District or other district which allows residential use as a permitted or conditional use; or

(2) Any public, private, governmental or commercial library, school, teaching facility, park, recreational facility, religious place of worship, child day care facility, day care facility, playground or swimming pool; or

(3) Any SPD utilized for residential purposes; or

(4) Any other adult entertainment facility.

(5) All measurements shall be made at, and between, property lines.

(b) Prohibited Public Display. No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidwalks or walkways, or from other public or semi-public areas, parking lots, or street(s).

(c) Public View to Be Prevented. All building openings, entries, windows, etc. for adult entertainment facilities shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public areas, sidewalk, parking lot, or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any public or semi-public areas.

(d) External Audio and Visual Impact. No screens, loudspeakers, or sound equipment shall be used for motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from any public or semi-public areas, sidewalks, parking lots, or streets.

(e) Interior Design. The interior of any adult book store shall be lighted and constructed in such a manner that every portion thereof (except restroom facilities) is readily visible to the clerk or supervisory personnel from the faciilties' counter or other regular work station.

(Ord. 2019-13. Passed 2-26-19.)

1165.16 LAND USE INTENSITY.

The Planning and Zoning Commission may authorize a modification, reduction, or waiver of the impervious ratio and floor area ratio requirements for any district if it should find the peculiar nature of the residential, business, trade, industrial, other use is an exceptional situation or condition that would justify such action.

1165.17 FARMERS MARKET.

The following regulations shall apply to farmers markets:

(a) An operator of a farmers market shall obtain a license or licenses from the City.

(b) The operator must be present on the farmers market site at all times during the operating hours of the farmers market.

(c) Farmers market locations are subject to approval by the Zoning Administrator upon the application of the operator and the operator shall provide the Zoning Administrator with a site plan that clearly identifies: The approximate dimensions of the area being used, the proximity to existing buildings and right-of-ways, on- site parking lot, and a description and approximate location of any structure, implement, stand, display prop, or other such items used for the farmers market, including signs and banners and if not the owner of the site, a lease or other permission to use from the owner.

(d) A farmers market shall not occupy any part of the required off-street parking space for the principal use unless such is indicated on the site plan and approved by the Zoning Administrator.

(e) There shall be no permanent storage allowed on the site, other than that approved for principal use.

(f) No additional lighting is allowed on the site, other than that approved for principal use.

(g) No additional signage is allowed on the site, other than that approved for the principal use; except as shown on the site plan approved by the Zoning Administrator.

(h) All electrical connections, erections of temporary structures, stands, tents, etc. shall be in compliance with applicable codes and regulations and shall be permitted/licensed as applicable.

(i) The market operator shall be responsible for cleanup of the farmers market site at the end of each day of operation including removal of trash, temporary structures, stands, tents, signage, banners, etc.

(Ord. 2011-36. Passed 6-14-11.)

1165.18 MARIJUANA PROHIBITION.

Marijuana cultivators, processors and retail dispensaries shall be prohibited within all Zoning Districts. (Ord. 2016-110. Passed 12-13-16.)

1165.19 BREWPUBS, MICROBREWERIES AND REGIONAL BREWERY REGULATIONS.

(a) Brewpubs.

(1) No storage of hops, barley, wheat or other grain used in the brewing process shall be stored in a detached, separate structure, such as a silo.

(2) No open storage of bottles, pallets, or other containers shall be permitted.

(3) Brewpubs may include a tasting room, bar, restaurant or taproom.

(4) No outside beer tent shall be permitted in any off-street parking lot or off- street loading/unloading area except as may be permitted as a temporary use pursuant to a special event permitting.

(b) Microbreweries.

(1) No storage of hops, barley, wheat or other grain used in the brewing process shall be storied in a detached, separate strcuture, such as a silo.

(2) No open storage of bottles, pallets, or other containers shall be permitted.

(3) No outside beer tent shall be permitted in any off-street parking lot or off- street loading/unloading area except as may be permitted as a temporary use pursuant to special event permitting.

(c) Regional Breweries. No outside beer tent shall be permitted in any off-street parking lot or off-street loading/unloading area except as may be permitted as a temporary use pursuant to special event permitting.

(Ord. 2016-10. Passed 2-9-16.)

1165.20 TEMPORARY USES.

The following regulations for Temporary Uses are determined to be necessary for the orderly establishment and regulation of certain uses which are of a non-permanent nature. Temporary Uses, as defined in this Section, shall be permitted as Accessory Uses within the following Districts subject to the regulations and restrictions contained within this Section, provided that a lawful Principally Permitted Use and Structure in combination already exists: RLD, R-MD, R-MF, H, O-R, B-R, B-C, CCD, A, and L-I, as well as within any established SPD.

(a) For all Temporary Uses, an application requesting the issuance of a zoning permit shall be filed with the Building and Zoning Department not less than ten (10) days prior to the instigation of such use. The application shall be made to the City of Loveland Zoning Administrator, and the application shall contain a graphic and written description of the property to be used, a description of the proposed Temporary Use, and a site plan containing sufficient information to determine whether the proposed Temporary Use meets the yard, setback, parking, sanitary facility requirements, and shall further attest and furnish documentation that the proposed Temporary Use meets or exceeds all federal, state, or local regulations pertaining to such Temporary Use, if applicable. The application materials shall also address all other requirements established pursuant to these regulations.

(b) The following uses are deemed to be Temporary Uses and shall be subject to the specific regulations and time limits that follow within this Section, as well as the regulations of the underlying Zoning District in which they are to be located:

(1) Mobile Food Vendors. Mobile Food Vendors shall be permitted to be established on any parcel located within any zoning district where Temporary Uses are permitted as Accessory Uses, provided a Principally Permitted Use exists, subject to the following conditions:

A. Mobile Food Vendors shall be operated in a manner that is harmonious with the general objectives of this Code.

B. The Mobile Food Vendor shall be operated in compliance with Chapter 732 of the Code of Ordinances for the City of Loveland, Ohio, as amended.

C. No Mobile Food Vendor shall be operated in a manner that is detrimental to any adjoining use with respect to noise, glare, odor, nor shall any Mobile Food Vendor be operated in a manner that constitutes a nuisance to adjoining properties. In furtherance of this objective, Mobile Food Vendors shall meet the following requirements regarding time, manner, and location of the proposed operation:

i. Mobile Food Vendors shall make accommodations for trash or rubbish disposal in conjunction with their proposed operations. The Mobile Food Vendor is responsible for maintaining trash receptacles and shall maintain all areas surrounding the location of the Mobile Food Vendor free from all litter and debris arising from its operations. Trash receptacles shall be emptied and removed at the end of each day.

ii. The location of the Mobile Food Vendor shall be located entirely on private property and shall not be located within any public or private street, alley, right of way, access easement, or designated vehicular circulation areas without receiving prior written approval from the City Manager.

iii. Except as otherwise required by this Section, a Mobile Food Vendor shall be set back not less than ten feet (10') from any public street, alleyway, sidewalk, right-of-way, or private street.

iv. Except as otherwise required by this Section, a Mobile Food Vendor shall be set back not less than fifteen feet (15') from any side or rear property line.

v. A Mobile Food Vendor shall not operate in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks, streets or public places

vi. No Mobile Food Vendor shall be parked, operated, or located within a designated fire lane.

vii. No Mobile Food Vendor shall occupy greater than two (2) designated parking spaces on the site where any Mobile Food Vendor is proposed to be located.

viii. A Mobile Food Vendor shall remove its mobile, nonmotorized wagon, cart, trailer, or motorized vehicle at the end of each business day, unless otherwise waived or extended by the City Manager or a designated representative.

D. No Mobile Food Vendor shall be operated on any lot where a Principally Permitted Use does not already exist. The establishment of a Mobile Food Vendor on a vacant lot shall be strictly prohibited.

E. No Mobile Food Vendor shall erect any freestanding structures, canopies, tables or chairs for customer use.

F. The Mobile Food Vendor must demonstrate there is adequate parking on the property where the Mobile Food Vendor is located or that there is adequate parking immediately adjacent to the property where the Mobile Food Vendor is located to ensure public safety for patrons of the Mobile Food Vendor. On-Street parking spaces shall not be counted when determining the adequacy of existing parking areas.

G. A Mobile Food Vendor shall be licensed with, and shall fully comply with all applicable laws established by the Hamilton County Board of Health or other applicable Board of Health agencies and shall provide a copy of all required licenses for a food service operation to the Zoning Administrator prior to issuance of a Temporary Use Permit.

H. All signage displayed by a Mobile Food Vendor shall be in conformance with the City of Loveland Zoning Code and any other applicable regulatory codes or ordinances. A Mobile Food Vendor may be permitted to maintain one (1) menu board that is permanently affixed to the Mobile Food Vendor vehicle, cart, or apparatus. No such sign shall exceed ten square feet (10 sq.ft.) in area.

I. In addition to the affixed signage, a Mobile Food Vendor shall be permitted one (1) portable sandwich-style sign in conformance with the City of Loveland Zoning Code, which shall be placed not further than ten (10') feet from the operating mobile food vendor vehicle, cart, or apparatus.

J. The owner of the property where the Mobile Food Vendor is located shall consent in writing to the location of the Mobile Food Vendor prior to the issuance of a Mobile Food Vendor permit. Such consent shall be attached to any application requesting a Mobile Food Vendor Permit.

K. In the event that the Mobile Food Vendor will be located within a subdivision having an established Homeowner's Association (HOA), prior written approval from the HOA shall be required, with the written approval documentation provided at the time of permit application.

L. The Mobile Food Vendor shall apply to the Building and Zoning Department for a permit to establish a Mobile Food Vendor on an existing lot of record, in accordance with the provisions of this Section.

i. The following rules shall govern the issuance of Temporary Use Permits for Mobile Food Vendors within the H, 0-R, BR, B-C, CCD, and L-I zoning districts:

a. The Zoning Administrator shall be responsible for reviewing and issuing a permit for establishment of a Mobile Food Vendor.

b. Each Mobile Food Vendor shall require a separate permit application for each unit owned or operated by the vendor.

c. No single Mobile Food Vendor permit shall be valid for period of longer than five (5) days in total, consecutive or cumulative.

d. A single property or lot of record shall be limited to a total of eighteen (18) Mobile Food Vendor permits per calendar year. For purposes of this Section, the calendar year shall commence on January 1st of each year and shall end on December 31 st of each year.

e. A maximum of three (3) Mobile Food Vendor permits may be issued to any single property or lot of record within any single month during any calendar year. For purposes of this Section, the calendar year shall commence on January 1st of each year and shall end on December 31 st of each year.

f. No Mobile Food Vendor shall operate on any single parcel or lot of record for more fifteen (15) consecutive days during any calendar year. For purposes of this Section, the calendar year shall commence on January 1st of each year and shall end on December 31st of each year.

g. For lots exceeding two (2) acres in area, exclusive of any right-of-way, not more than three (3) Mobile Food Vendors shall be authorized to operate concurrently.

h. For lots less than two (2) acres in area, exclusive of any right-of-way, not more than one (1) Mobile Food Vendor shall be authorized to operate concurrently.

i. Mobile Food Vendors shall be permitted to operate between the hours of 8:00 a.m. - 11:00 p.m. within the H, O-R, B-R, B-C, CCD and L-I zoning districts.

ii. The following rules shall govern the issuance of Temporary Use Permits for Mobile Food Vendors within the R-LD, RMD, A, and R-MF zoning districts, or within any established SPD District:

a. The Zoning Administrator shall be responsible for reviewing and issuing a permit for establishment of a Mobile Food Vendor.

b. Each Mobile Food Vendor shall require a separate permit application for each unit owned or operated by the vendor.

c. No such permit shall be valid for period of longer than two (2) days in total, consecutive or cumulative.

d. No such permit shall be issued more than two (2) times per calendar year to any single property or lot of record. For purposes of this Section, the calendar year shall commence on January 1st and shall end on December 31st of each year.

e. A maximum of one (1) Mobile Food Vendor permit may be issued to any single property or lot of record within any month during any calendar year. For purposes of this Section, the calendar year shall commence on January 1st and shall end on December 31 st of each year.

f. Mobile Food Vendors shall be permitted to operate between the hours of 9:00 a.m. - 6:00 p.m. on Sunday through Thursday, and 9:00 a.m. - 9:00 p.m. on Fridays and Saturdays, within the R-LD, R-MD, A, and R-MF zoning districts, or within any established SPD District.

(2) Street Vendor Exemptions. The regulations enumerated within Section 1165.20(b)(l)(A-L) shall not apply to Mobile Food Vendors or other street vendors that sell food, beverages and/or merchandise during any special event that has received approval from the City of Loveland, that does not exceed three (3) days in duration. Notwithstanding the foregoing, nothing within this Section shall exempt Mobile Food Vendors or other street vendors from complying with Chapter 111, Chapter 731, and/or Chapter 732 of the Code of Ordinances for the City of Loveland, as amended.

(3) City-Sponsored Event Exemptions. The regulations enumerated within Section 1165.20(b)(l)(A-L) shall not apply to Mobile Food Vendors operating in conjunction with any City-Sponsored event, nor shall these regulations apply to Mobile Food Vendors located on any City-owned or city-maintained property at the request of the City of Loveland, after first receiving written approval from of the City Manager. Notwithstanding the foregoing, nothing within this Section shall exempt Mobile Food Vendors from complying with Chapter 111, Chapter 731, and/or Chapter 732 of the Code of Ordinances for the City of Loveland, as amended.

(4) Special Event Exemptions. The regulations enumerated within Section 1165.20(b)(l)(A-L) shall not apply shall not apply to Mobile Food Vendors operating in conjunction with any Special Event receiving approval from the City of Loveland pursuant to Chapter 111, Chapter 731, and/or Chapter 732 of the Code of Ordinances for the City of Loveland, as amended. Notwithstanding the foregoing, nothing within this Section shall exempt Mobile Food Vendors from complying with the provisions Chapter 111, Chapter 731, and/or Chapter 732, or any other of the Code of Ordinances for the City of Loveland, as amended.

(5) Compliance with Applicable Regulations. Notwithstanding any of the foregoing, nothing within this Section shall exempt Mobile Food Vendors from complying with all applicable federal, state, or local rules, regulations, or codes, including but not limited to, the Ohio Revised Code, the Ohio Administrative Code, or the Ohio Fire Code, with respect to the establishment, operation and maintenance of a Mobile Food Vendor on any property, public or private street, alleyway, or right-of way located within the City of Loveland Ohio.

(6) Nonconforming Uses to Remain. Existing Mobile Food Vendors established and approved prior to the date of enactment of this Section via the Special Exception review and approval process set forth within Sections 1111.07 and 1111.08 of this Code shall be permitted to remain, provided such use is not altered, enlarged, expanded, or further modified in any way whatsoever.

(7) Discontinuation of Nonconforming Use. Nonconforming Mobile Food Vendors operating as described in subsection 1165.20(b)(6) of this Section that vacate a location or otherwise terminate operations for more than thirty (30) consecutive days shall be classified as being voluntarily discontinued and shall not be reestablished except in conformance with these regulations.

(8) Outdoor and Accessory Use Kitchens Accompanying Principal Use. Existing and lawfully approved and permitted restaurants, bars, microbreweries, and other similar uses operating an outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile trailer for food preparation and/or service prior to the date of enactment of this Section shall be permitted to remain, provided such use is not altered, enlarged, expanded, or further modified or expanded. Notwithstanding the foregoing, such uses shall achieve the following minimum qualifications to continue operating under the exemption provided herein, as follows:

A. The outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall be connected to the City of Loveland Municipal Water supply through an approved connection ensuring potable water. A backflow prevention device shall be required to prevent contamination of the potable drinking water source.

B. The outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall be connected to a properly permitted and permanently installed electrical service connection that is situated on the same premises. No such use shall utilize a generator, whether integrated or standalone, or any other internal combustion engine to serve as the primary source of power to required to operate the unit.

C. In the event that the outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer does not, upon inspection, meet the requirements stated within Section 1165.20(b)(8) of this Code prior to December 31, 2023, such use shall be determined to be voluntarily discontinued pursuant to Section 1165.20(b)(7) of this Code and shall not be re-established except in conformance with the requirements stated herein.

D. As of the effective date of these regulations, the use of an outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall be prohibited unless specifically approved by the Planning and Zoning Commission as part of the Site Plan Review process.

E. Any existing or proposed outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall prominently display a certificate of inspection, documenting compliance with all applicable regulatory agencies having jurisdiction.

(Ord. 2023-31. Passed 3-28-23.)

1165.21 SMOKE SHOP PROHIBITIONS.

Smoke shops shall be prohibited within all Zoning Districts.

(Ord. 2023-103. Passed 10-24-23.)

1165.22 SHORT-TERM RENTALS.

The following regulations are determined to be necessary to provide for the orderly establishment and operation of Short-Term Rentals throughout the City of Loveland, Ohio. Short-Term Rentals, as defined in Chapter 1107 of this Code, shall be permitted as Conditional Uses within the following Districts, provided that a lawful Principally Permi ted Use and Structure and
combination already exists: R-LD, R-MD, R-MF, H, O-R, A, B-R, B-C, SW-A, SW-P and within any established SPD.

(a) Conditional Use Application Required. Short-Term Rentals, as defined in this Code, shall be subject to the regulations, restrictions, and requirements of this Section, as well as the General Standards for Conditional Uses established within Section 1111.06 of this Code. A person seeking to establish a Short-Term Rental pursuant to this Section shall be required to file an application seeking Conditional Use approval from the Planning and Zoning Commission. No Short-Term Rental shall receive Conditional Use Approval from the Planning and Zoning Commission unless the specific requirements of this Section are fully met.

(b) Short-Term Rental Performance Standards. Short-Term Rentals seeking Conditional Use authorization from the Planning and Zoning Commission shall furnish documentation at the time of filing an application for Conditional Use, evidencing compliance with the following Performance Standards:

(1) Each Short-Term Rental property shall possess working smoke detectors, which shall be placed in the following locations:

A. One smoke detector shall be deployed within each guest room.

B. One additional smoke detector shall be placed in the kitchen area of the Short-Term Rental, if so equipped.

C. In addition to the requirements of subsection (b)(1)A. and B., hereof a Short-Term Rental shall also maintain smoke detectors in the main gathering areas, or center hallway, as applicable, for each floor of the unit situated above or below grade.

D. If the unit possesses an attached garage, a working smoke detector shall be placed therein and shall be designed and integrated to alert persons inside of the dwelling unit.

(2) A Short-Term Rental established pursuant to this Section shall be required to maintain not less than one (1) working, currently certified Class 2A-10BC fire extinguisher in the kitchen of the dwelling unit, along with one (1) additional working, currently certified Class 2A-10BC fire extinguisher located on each floor of the dwelling unit located above or below grade.

(3) Each Short-Term Rental property shall maintain at least one Working carbon monoxide detector and alarm in the following locations:

A. On each floor of the dwelling unit located above or below grade.

B. Within any attached garage.

C. Within ten feet (10') of any gas-operated appliance.

D. Within ten feet (10') of any other appliance utilizing the combustion of fuel for any purpose, as part of its intended design and function.

(4) Dryer vents shall be ducted to the exterior of the structure. In addition, all dryer vents and other exhaust vents shall be maintained in proper working condition, free from lint or other obstructions.

(5) GFCI outlets shall be installed in all wet locations, including kitchens, bathroom areas, and laundry rooms, as applicable.

(6) Properties equipped with an on-premises swimming pool or any other recreational spa, or hot-tub shall be equipped with audible alanns on all exterior doors providing direct access to the pool or hot-tub area or enclosure. All hot-tubs and spas shall be equipped with an appropriate safety cover to secure the hot-tub or spa when not in use, and all swimming pools shall be fenced and otherwise maintained in accordance with all applicable provisions of the Codified Ordinances of the City of Loveland, Ohio.

(7) The owner or managing entity responsible for assuring compliance with this section shall post or shall otherwise cause to be posted, an emergency exit plan prominently displayed on each floor of the unit situated above or below grade.

(8) A Guest Room established within any Short-Term Rental shall meet the following minimum requirements:

A. All Guest Rooms shall contain a bed, mattress, cot, or other furniture intended for accommodating sleeping persons.

B. Each Guest Room shall contain a functioning and lockable window capable of serving as an emergency ingress/egress point as regulated by the Ohio Residential Building Code.

C. A Guest Room shall maintain a functioning and lockable door, allowing the room to be partitioned off from the primary living and gathering quarters contained within the dwelling unit.

(9) A Short-Term Rental as regulated by this Section shall not exceed the following occupancy restrictions:

A. A maximum of not more than two (2) adult persons shall be permitted for each guest room maintaining a floor area of greater than seventy (70 sq.ft.) square feet.

B. A maximum of not more than one (1) adult person shall be permitted for each guest room maintaining a floor area of less than seventy (70 sq.ft.) square feet.

C. A maximum of two (2) additional adult persons shall be permitted in addition to those permitted by either subsection A. or B. hereof, as applicable.

D. The maximum permitted occupancy for any Short-Term Rental unit established pursuant to this Section shall not exceed ten (10) persons, irrespective of whether the occupants are children or adults.

(c) Parking Requirements. For Short-Term Rentals seeking Conditional Use authorization pursuant to this Section, a minimum of one (1) off-street parking space shall be provided on the premises for each two (2) Guest Rooms or suites located therein. Parking areas shall be paved with either concrete, asphalt, or another similar hard surface such as concrete or brick pavers. Gravel parking areas shall be prohibited.

(d) Advertising Prohibited. The use of any on-premises or off-premises signage to advertise the availability of the property as a Short-Term Rental shall be strictly prohibited. Nothing within this Section shall prohibit an owner or manager from advertising a Short-Term Rental with any digital or print media publication service or firm, or from utilizing a Short-Term Rental hosting platform or rental service.

(e) Emergency Contact Information Required. In addition to the performance standards listed in subsection (b) hereof, an owner or manager receiving Conditional Use Approval to operate a Short-Term Rental shall be required to designate an emergency contact person that shall be available to be on-site within one (1) hour of any call for service. The emergency contact information and procedure shall include the name, telephone number, email, and address of the emergency contact, and shall be prominently posted and displayed in the following locations:

(1) A weatherproof placard not larger than one (1) square foot in area shall be affixed next to the primary entrance of the Short-Term Rental Unit. The placard shall be installed so as to remain visible from the exterior of the structure.

(2) An additional placard shall be affixed in a prominent location within the interior of the Short-Term Rental unit so as to be plainly visible, placed and displayed prominently in the main living quarters of the unit.

(f) Compliance with Applicable Regulations. Nothing within this Section shall exempt any Short-Term Rental unit from complying with any other applicable federal, state, or local rules, regulations, or codes, including but not limited to, the Revised Code, the Ohio Administrative Code, Ohio Residential Building Code, City of Loveland Code of Ordinances; including the City Property Maintenance Code, Hamilton County Board of Health, or the Ohio Fire Code, with respect to the establishment, operation and maintenance of a Short-term Rental upon any property located within the City of Loveland Ohio.

(g) Zoning Permit Required. A Short-Term Rental receiving Conditional Use Approval from the Planning and Zoning Commission shall be required to apply for a permit prior to commencing operations.

(h) Annual Inspection Required. The owner or operator of any Short-Term Rental receiving a permit to operate pursuant to this Section shall be required to obtain a Certificate of Inspection from the Loveland Symmes Fire Department not more than thirty (30) days after the date of issuance of the permit. The Certificate of Inspection shall be subject to annual inspection and renewal.

(i) Nonconforming Uses to Remain. Any Short-Term Rental in existence prior to the date of enactment of this Section shall be permitted to remain, provided that such use is not altered, enlarged, expanded, or further modified in any way whatsoever, and subject to the following additional restrictions:

(1) The owner or operator of any pre-existing, non-conforming Short-Term Rental shall obtain a Certificate of Inspection attesting that the Short-Term Rental unit meets the minimum safety requirements as set forth in Section 1165.22(b)(1)-(9), within two (2) years following the date of enactment of these regulations. Failure to obtain the required inspection shall result in a loss of non-conforming status.

(2) Pre-existing, lawfully non-conforming Short-Term Rentals that are discontinued, abandoned, or that otherwise terminate operations for more than one-hundred eighty (180) consecutive days shall be classified as being voluntary discontinued and shall not be re-established except in conformance with these regulations.

(Ord. 2024-11. Passed 1-23-24.)

1167.01 DWELLING ON ANY LOT OF RECORD.

In any district where dwellings are permitted, a single family detached dwelling may be erected on any lot of official record at the effective date of this chapter, irrespective of its area or widths, provided the applicable yard and other open space requirements satisfy the following requirements. On lots of record which do not meet the minimum yard requirements for the corresponding district as of the effective date of this Zoning Code, the minimum yard setback shall be determined by the proportional application of the requirements specified in that corresponding district. However, those modified setbacks shall not be greater than fifty percent (50%) of the minimum setback required in that district except as otherwise provided by this Zoning Code.

HEIGHT MODIFICATIONS

1167.02 HEIGHT LIMITATIONS.

The height limitations stipulated elsewhere in this Zoning Code may be modified pursuant to the following provisions in Sections 1167.03 through 1167.05, as per the decision of Planning and Zoning Commission following a site plan review.

1167.03 ARCHITECTURAL FEATURES AND FARM BUILDINGS.

Barns, silos, or other farm buildings or structures on farms, church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, radio and television towers, masts, aerials, and parapet walls extending not more than four feet above the limiting height of the building.

1167.04 PLACES OF PUBLIC ASSEMBLY.

Places of public assembly in churches, schools, and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such buildings exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

1167.05 ELEVATOR PENTHOUSES AND WATER TANKS.

Elevator penthouses and water tank modifications are as follows:

(a) Elevator penthouses, water tanks, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage; fire towers, hose towers, or other public service or safety structures, can be modified where a greater height is required.

(b) Minimum requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than 50 feet in all parts from every lot line not a street lot line.

FRONTAGE AND YARD MODIFICATIONS

1167.06 BUILDING ON THROUGH LOTS.

Buildings on through lots shall conform to the front yard requirements for each street. Buildings and accessory buildings shall not extend beyond the setback line of the rear street.

1167.07 AVERAGE DEPTH OF FRONT YARDS.

When located in a residential district or a residential sub-district of an SPD, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this chapter, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of the existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, provided, that the depth of a front yard on any lot shall be at least ten feet and need not exceed 50 feet.

1167.08 REAR AND SIDE YARDS.

In computing the depths of a rear yard or the width of a side yard, where the rear or side yards abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be.

1167.09 SIDE YARD MODIFICATIONS.

(EDITOR’S NOTE: Former Section 1167.09 was repealed by Ordinance 2007-24.)

YARD PROJECTIONS

1167.10 PROJECTION OF ARCHITECTURAL FEATURES.

Certain architectural features may project into required yards or courts as follows:

(a) Front and Side Yards. The following architectural features may project into any required front yard, or required side yard adjoining a side street lot line:

(1) Cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches.

(2) Fire escapes may project a distance not exceeding four feet, six inches.

(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

(4) Bay windows, balconies, uncovered porches, and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(b) Interior Side Yards. Subject to the limitations in subsection (a) hereof, the above named features may project into any provided side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.

(c) Rear Yards. Subject to the limitation in subsection (b) hereof, the features named in subsection (a) hereof may project into any required rear yards the same distances they are permitted to project into a front yard.

LOT AREA REQUIREMENTS

1167.11 PUBLIC SANITARY FACILITIES NOT AVAILABLE.

In any district, where public sanitary sewer is not accessible, the specified minimum lot area shall meet the Hamilton County General Health District and in no case shall have a lot size less than 40,000 square feet with a 200 foot lot frontage.

1169.01 PURPOSE.

The purpose of this chapter is to provide minimum standards involving the development of land to provide attractive views from roads and adjacent properties; to screen from view visually undesirable uses; to require screening between incompatible land uses and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and headlight glare.

1169.02 APPLICABILITY.

This section shall apply to new property development and any collective substantial expansion of existing structures, except for individual single family dwellings and two family dwellings (duplexes) and parking lots of five spaces or smaller. Substantial expansion of existing structures shall be defined based on the criteria established below:

When Existing Structure is...	A Substantial Expansion is......
0 - 1,000 sq. ft.	50% or greater
1,001 - 10,000 sq. ft.	40% or greater
10,001 - 25,000 sq. ft.	30% or greater
25,001 - 50,000 sq. ft.	20% or greater
50,001 sq. ft. and larger	10% or greater

1169.03 GENERAL REQUIREMENT FOR SUBMISSION.

Any property to which this section applies shall submit a bufferyard plan to the Planning and Zoning Commission as part of the site plan review process required in Section 1111.09. Bufferyard plans shall be prepared by and/or certified by a design professional practicing within their areas of competence. The site plan shall contain the following information:

(a) Plans must be at a reasonable scale to indicate all types of proposed landscaping improvements at a minimum of 1" = 20' and shall include the following minimum information:

(1) North arrow and scale.

(2) The name of applicant/owner.

(3) The name, address and phone number of the person or firm responsible for the preparation of the buffering plans.

(4) The dates the plans are submitted or revised.

(5) All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, light standards, signs, fences and other permanent features to be added and/or retained on the site.

(6) All existing plant material to be removed or retained.

(7) All existing, and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.

(8) Contour lines shall be shown if the grades are in excess of six percent slope.

(9) Proposed elevation at sufficient locations and existing elevations of the site to clearly show the drainage patterns.

(10) All property lines and easements.

(b) Included on all plans shall be a table listing the existing plant material to be retained and all proposed plant material within the bufferyard or landscaped area only. This shall include the common and botanical names, sizes and other remarks as appropriate to describe the plant material selection.

(d) The plans shall include any proposed irrigation plan which shall include the following:

(1) Location and type of all sprinkler heads.

(2) Size of mainline and irrigation piping.

(3) Location and size of water meter.

(4) Location of backflow prevention device.

(5) Location and size of all valves.

(6) Location of irrigation controller.

1169.04 APPROVAL.

(a) No site or development plan required under this Zoning Code shall receive final approval unless a landscaping plan has been submitted and approved.

(b) No certificate of zoning compliance or certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:

(1) Such plan has been fully implemented on the site; or

(2) Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the City in a form acceptable by the Legal Counsel and secured by a letter of credit, cash escrow or other instrument acceptable to the Legal Counsel in an amount equal to the cost of such installation plus a ten percent allowance for administrative costs, inflation and potential damage to existing vegetation or improvements.

1169.05 BUFFERYARD MATERIALS AND STANDARDS.

New development shall provide buffering yards as provided in Section 1169.10. Existing vegetation shall be preserved in accordance to acceptable nursery industry procedures. The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the Planning and Zoning Commission. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the City.

(a) Walls and Fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be of weather-proof materials. This includes pressure treating or painting, of lumber if it is not redwood or cedar, and using aluminum or galvanized hardware. Chain link fences with or without wooded or synthetic slat material shall not be allowed when used to satisfy bufferyard and landscaping requirements.

(b) Plants. All plants are to be living and part of the acceptable plants list identified in the following section. Plant materials used in conformance with the provision of this section shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers.

(1) Deciduous trees. Deciduous trees shall have a minimum caliper of at least 2 ½ inches conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this section must be used to create a dense buffer.

(2) Evergreen trees. Evergreen trees shall be a minimum of six feet in height at the time of planting. Evergreen plantings shall be designed to provide an effective, dense screen within four years of planting.

(3) Shrubs and hedges. Shrubs and hedges shall be at least 36" in height at the time of planting. All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six feet within four years after the date of the final approval of each planting. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.

(4) Grass or ground cover. Grass of the Fescus (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Hamilton, Clermont or Warren Counties. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch shall be used and nursegrass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted in such a manner as to provide seventy-five percent (75%) complete coverage after two growing seasons.

(5) Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:

A. The maximum side slope shall be three horizontal to one vertical (3: 1) and the design shall be reviewed by the Planning and Zoning Commission to ensure that proper erosion prevention and control practices have been utilized.

B. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.

C. Landscape plant material installed on berms and earthforms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

D. The landscape plan shall show sufficient detail including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with the above provisions.

E. Berms and earthforms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

F. No part of any berm or earthform which is elevated more than 18" above natural grade shall be located within 20' of any right-of-way or property line.

G. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.

(c) Maintenance of Landscaping and Bufferyards. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the Building and Zoning Department to refuse a building occupancy permit, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section.

(d) Bufferyard Establishment. Once a bufferyard has been approved by the Planning and Zoning Commission and established by the owner, it may not be used, disturbed or altered for any purpose.

1169.06 CONFLICTS IN REQUIREMENTS.

When an activity or land use falls under more than one of the categories listed in the matrix in Section 1169.10, the most stringent of the requirements shall be applied.

1169.07 EASEMENTS, RIGHTS-OF-WAY AND SETBACKS.

(a) Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements. Trees placed under overhead utility wires must be from List B, in Section 1169.12.

(b) Landscaping must also be placed in the required area between the property line and the front, rear and side yard setbacks.

(c) In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight feet of limbless trunk shall be permitted within the sight distance triangle. In the case of a City street intersection, the sight triangle shall consist of the area between points 20' along both intersecting streets from their respective edge of pavements.

1169.08 LANDSCAPING FOR VEHICULAR USE AREAS.

Landscaping for any outdoor parking area shall be provided around the perimeter as indicated in the matrix in Section 1169.10. Vehicular use areas containing six spaces or larger shall provide for perimeter landscaping. Vehicular use areas containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. For each 100 square feet or fraction thereof of vehicular use area, at least five square feet of landscape area shall be provided.

(a) Interior Landscape Requirements.

(1) Minimum area. The minimum landscape area permitted shall be 64 sq. ft. with a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.

(2) Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, no individual landscape area shall be larger than 350 square feet in size in vehicular use areas less than 30,000 square feet and no individual area shall be larger than 1,500 square feet in vehicular use areas over 30,000 square feet. In both cases, the least dimension of any required area shall be four feet minimum dimension to all trees from edge of pavement where vehicles overhang. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.

(b) Minimum Tree Specifications.

(1) A 1-3/4" diameter tree for medium and large trees and 1-1/4" diameter tree for small trees (as measured six inches above ground) shall be planted for each 5,000 sq. ft. of total ground coverage, structures and pavement for vehicular use. Refer to plant list for listing of trees.

(2) To retain visibility, trees shall have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with shrubs, and/or ground cover, not to exceed three feet in height.

(c) Perimeter Landscaping for Parking Lots. Parking lots shall have perimeter buffer zones of a minimum width of 6 ½ feet containing evergreen plant material that will achieve an effective, dense screen of a height of at least three feet at the time of installation. Perimeter buffer zone shall also contain deciduous trees.

(d) Vehicle Overhang. Parked vehicles may hang over the interior landscaped area no more than two and one-half feet. Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration on the landscaped area.

(e) Grass or ground cover shall be planted on all portions of the easements not occupied by other landscaped material. Such material fulfills required interior or perimeter landscaping.

1169.09 LANDSCAPING FOR SERVICE STRUCTURES.

Service structures shall include but not be limited to loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above electrical and other equipment or elements providing service to a building or a site. Structures may be grouped together. However, screening height shall be based upon the tallest of the structures.

(a) Location of Screening. A continuous planting of evergreen, fence or wall of earth must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed 10 feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material shall be of an average height sufficient to meet the height requirements set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.

(b) Curbs to Protect Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided within the screening material. The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

1169.10 BUFFERYARD REQUIREMENTS.

WHEN...	IS PROPOSED TO ABUT...	A MINIMUM BUFFERYARD OF...	PLANT MATERIAL
Any commercial land use Any office land use	Any R-LD, R-MD, R- MF, O-R, S-WP or S- WA zone or land use Any R-LD, R-MD, R- MF, O-R, S-WP or S- WA zone or land use	30' side and/or rear yard is required with... 20' side and/or rear yard is required with...	EITHER: 1 tree (A)1 @25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + 3' hedge (D) 1 + 1 tree (A)1 @ 25'-35' O.C.2 OR A double row, staggered planting of trees (C)1 15' O.C.2
Any industrial land use	Any R-LD, R-MD, R- MF, O-R, B-C, B-R, H, S-WP or S-WA zone or land use	50' side and/or rear yard is required with...	40' wide, 6' tall earthen berm + a double row of staggered trees (C)1 @ 15' O.C.2 STORAGE YARD - 6' fence or wall + hedge (E)1 facing front yard only and/or drive
Any multi-family land* use	Any R-LD, R-MD, O- R, S-WP OR S-WA zone or land use	15' side and/or rear yard is required with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + 3' hedge (E)1 OR A double row, staggered planting of trees (C)1 15' O.C.2
A nonresidential land use in the Historic District	Any residential zone or land use	10' side and/or rear yard is required with...	EITHER: 1 tree (A or B)1 @ 25'-35' O.C.2 + a single row 6' hedge (E)1 OR a 6' wall or fence + 1 tree (A or B)1 @ 25'-35' O.C.2

WHEN...	IS PROPOSED TO ABUT...	A MINIMUM BUFFERYARD OF...	PLANT MATERIAL
Any institutional land use	Any R-LD, R-MD, O- R, S-WP OR S-WA zone or land use	15' side and/or rear yard is required with...	EITHER: A staggered double row of evergreens and trees (B and C)1 @ 15' O.C.2 + a single row 6' hedge (E)1 OR a 6' wall or fence + 1 tree (A)1 @ 25'-35' O.C.2
Subdivision lots requiring sidewalks	The public right-of-way (street)	8' between curb & sidewalk or edge of pavement & sidewalk	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2
Any commercial zone or business zone or land use	The public right-of- way, public or private street	10% of total front yard area must be landscaped with...	Trees, shrubs, planting beds, and/or perennials in a motif designed by the owner. This is in addition to other required landscaping.
A Vehicular Use Area3 associated with any zone or land use except single-family residences	Any public or private street	6 ½’ perimeter screening easement with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 (1 tree minimum)

1 (A, B, C, D or E) - Means plantings from the list(s) in parentheses following this section.

2 O.C. - Means on center unless otherwise noted.

3 In this situation, the property perimeter screening may also count as Vehicular Use Area (V.U.A.) perimeter screening.

* Duplex and single family residences are both permitted in the R-MF zone district. No landscaping is required between these uses when both exist side by side within the R-MF zone district.

1169.11 MODIFICATIONS.

(a) The Planning and Zoning Commission may approve modifications to the bufferyard requirements. The Commission shall base its decision on all of the following criteria:

(1) The specific conditions which are unique to the applicant's land.

(2) The manner in which the strict application of the provisions of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.

(3) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter.

(4) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.

(5) A demonstration that the applicant has provided for a buffer that achieves the spirit of this chapter.

(b) The Planning and Zoning Commission may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists in Section 1169.12, if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.

1171.01 GENERAL REQUIREMENTS.

(a) Any building, structure or use of land, when erected or enlarged, shall provide for off-street parking spaces for automobiles in accordance with the following provisions of this chapter. A parking plan shall be required for all uses except single family detached dwellings and two family dwellings. The parking plan shall be submitted to the City as part of the application for the zoning permit. The plan shall show the boundaries of the property, parking spaces, access driveways, circulation patterns, drainage and construction plans, boundary walls, fences and a screening plan, as appropriate.

(b) Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, such building or use shall then comply with the parking requirements set forth herein.

(c) Due to the unique nature of the H Historic District, the regulations herein shall not apply to that District, except as a general guideline. The Planning and Zoning Commission shall determine all off-street parking and loading regulations on a case by case basis.

1171.02 OFF-STREET PARKING AND DESIGN STANDARDS.

All off-street parking facilities including entrances, exits, circulation areas and parking spaces shall be in accordance with the following standards and specifications:

(a) Parking Space Dimensions. Each off-street parking space shall have an area of not less than 160 square feet exclusive of access drives or aisles and shall be of useable shape and condition. Except in the case of single family detached dwellings or two family dwellings (duplexes), no parking area provided hereunder shall be less than 1,000 square feet in area.

(b) Access. There shall be adequate provisions for ingress and egress to all parking spaces. Where the lot or parking spaces do not provide direct access to a public street or alley, an access drive shall be provided, with a dedicated easement of access as follows:

(1) For single family detached dwellings or two family dwellings, the access drive shall be a minimum of eight feet in width.

(2) For all other uses, the access drive shall be a minimum of 18 feet in width.

(3) All parking spaces, except those required for single family detached dwellings and two family dwellings, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.

(4) Parking for uses not permitted in a residential zone shall not be permitted in a residential zone, nor shall any R-District property be utilized as access for uses not permitted in that R-District.

(c) Setbacks. The location of off-street parking facilities for more than five vehicles may be located in the required yards as specified elsewhere in this Zoning Code. In no case however, shall the parking area be located closer than ten feet from any right-of-way.

(d) Screening. In addition to the setback requirements specified in this chapter for off- street parking for more than five vehicles, screening shall be provided on each side of the parking area that abuts any residential district, O-R District, S-WP or S-WA District. Screening shall be as indicated in Section 1169.08.

(e) Paving. Any off-street parking area for more than five vehicles and its driveway shall be surfaced with a pavement having an asphalt or concrete binder of sufficient strength to support vehicular loads imposed on it while providing a durable, dustless surface.

(f) Drainage. All parking spaces, together with driveways, aisles and other circulation areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excess drainage of surface water onto adjacent properties, walkways or onto public streets. Adequate arrangements shall be made to insure acceptable diversion to an adequate storm water drainage system.

(g) Barriers. Wherever a parking lot extends to a property line, fencing, wheelstops, curbs or other suitable barriers shall be provided in order to prevent any part of a parked vehicle from extending beyond the property line and from destroying the screening materials.

(h) Visibility. Access of driveways for parking areas shall be located in such a way that any vehicle entering or leaving such parking area shall be clearly visible by any pedestrian or motorist approaching the access or driveway from a public street, private street or alley.

(i) Marking. All parking area for more than five vehicles shall be marked with paint lines, curb stones or in some other manner approved by the City and shall be maintained in a clearly visible condition.

(j) Maintenance. Any owner of property used for parking areas shall maintain such areas in good condition without holes and free from all dust, trash, weeds and other debris.

(k) Signage. Where necessary, due to multiple curb cuts, the entrance, exits and the intended circulation pattern shall be clearly marked in the parking area. Signage shall consist of pavement markings or freestanding directional signs in accordance with Section 1173.01.

(l) Lighting. Any lights used to illuminate a parking area shall be so arranged as to direct the light away from the adjacent properties and right-of-way.

1171.03 DETERMINATION OF REQUIRED SPACES.

In computing the number of parking spaces required by this chapter, the following shall apply:

(a) Where floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross leasable horizontal area of all floors of a nonresidential building.

(b) Where seating capacity is designated as the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated for, each 20 lineal inches of seating facilities.

(d) Parking space requirements for a use not specifically mentioned in this chapter shall be determined by using the most similar and restrictive parking space requirement as specified by the Planning and Zoning Commission.

(e) When the building floor area is designated as the standard for determining parking space requirements and that number is less than the minimum standard, at least one parking space shall be provided on the premises.

1171.04 PARKING SPACE REQUIREMENTS.

For the purpose of this Zoning Code, the following parking space requirements shall apply:

Land Use	Required spaces	Land Use	Required spaces
Automotive filling stations	1	Corporate or business training facility	1
Automotive filling stations	per fuel pump		per 50 sq. ft. of assembly space
1,000 sq. ft. gas station w/2 employees & six fuel pumps	6	1,000 sq. ft. training facility	20
Automotive services	2	Contractor yard	1
Automotive services	per service bay		per 1,000 sq. ft. plus 1 per facility vehicle
2,000 sq. ft. service center w/ 4 bays, 8 employees & 2 business vehicles	8	3,000 sq. ft. contractor yard w/ 15 employees & 8 vehicles	11
Automotive sales	1	Convalescent care facility	1
Automotive sales	per 800 sq. ft.		per 3 beds
10,000 sq. ft. outdoor, 2,000 sq. ft. indoor auto dealer w/ 8 employees	15	100 bed facility w/ 8 employees	34
Bed and breakfast	1	Convenience store	1
Bed and breakfast	per guest room, plus 2		per 100 sq. ft.
5 guest room B&B	7	2,000 sq. ft. store	20
Clinics	1	Day care center	1
Clinics	per 100 sq. ft.		per 4 persons of design capacity
3,000 sq. ft. clinic w/ 6 employees & 6 exam rooms	30	Day care w/ 50 children & Employees	13
Club	4	Educational institution	2
Club	per 1,000 sq. ft.		per classroom, plus 1 per 4 auditorium seats
3,000 sq. ft. club	12	School w/ 25 classrooms, 300 seat auditorium & 30 employees	125

Commercial school/art studio	1
Commercial school/art studio	per 300 sq. ft.
6,000 sq. ft. school w/100 students & 8 employees	26
Educational Institution, High School	2	Personal Service	1
	per classroom, plus 1 per 4 auditorium seats, plus 1 per 10 students at design capacity		Per 200 sq. ft.
High school w/1,000 students, 40 classrooms, 60 employees & 500 seat auditorium	305	Printing and related trades	1
Funeral home	1		per 500 sq. ft.
	per 50 sq. ft. plus 1 per business vehicle	Public assembly hall	1
2,000 sq. ft. funeral home w/3 hearses & 4 employees	43		per 50 sq. ft.
Group home	1
	per 4 beds	Public buildings	1
Home w/60 residents & 10 employees	15		per 200 sq. ft.
Home w/60 residents & 10 employees		2,000 sq. ft. public building	10
Hospitals	1	Recreational, noncommercial	1
4,000 sq. ft. hospital w/50 beds, 4 staff doctors & 6 full time employees	per 2 beds		per participant @ max. utilization
	25
Hotels/motels	1	Recreational, commercial	1
Industrial/manufacturing	per sleeping room plus 1 per 400 sq. ft. of public meeting area and/or restaurant space		per 3 seats or 1 per 100 sq. ft., whichever is greater
Industrial/manufacturing	1	Religious places of worship	1
	per 1,000 sq. ft.		per 4 seats
Office	1
Office	per 200 sq. ft.
Residential, multi-family	2	Shopping center	5
Residential, multi-family	per dwelling unit		per 1,000 sq. ft.

Residential, single family	2	10,000 sq. ft. shopping center	50
Residential, two family	per dwelling unit	Swimming club	1
Residential, two family	2		per 300 sq. ft.
	Per dwelling unit	2,000 sq. ft. swimming club	7
Research and development laboratories	1	Taverns	1
	per 500 sq. ft.		per 100 sq. ft.
5,000 sq. ft. laboratory	10	2,000 sq. ft. tavern	20
Restaurants	1	Vet. clinic/animal hospital	4
Restaurants	per 100 sq. ft.		per examination
3,000 sq. ft. restaurant	30	4,000 sq. ft. hospital w/8 exam rooms & 8 employees	32
Restaurants, fast food	1	Warehousing	1
Restaurants, fast food	per 100 sq. ft. plus stacking space for 5 per drive through window		per 1,000 sq. ft.
Fast food restaurant w/2,000 sq. ft. & 1 drive through window & 6 employees	25	5,000 sq. ft. warehouse w/3 employees	5
Retail business	1
	per 150 sq. ft.
5,000 sq. ft. retail business	34

1171.05 JOINT OR COLLECTIVE PARKING FACILITIES.

The joint or collective parking provision of required off-street parking areas shall comply with the following standards and requirements:

(a) All required parking spaces shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use, or where such spaces are provided collectively or jointly by two or more buildings or establishments, the required spaces may be located not farther than 500 feet from the building served.

(b) The total of such off-street parking spaces supplied collectively shall be not less than the sum of the requirements for the various uses computed separately.

(c) In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by legal counsel of the City and filed with the application for a zoning permit.

1171.06 PARKING FOR PERSONS WITH DISABILITIES.

(a) Parking spaces and signage required for use only by persons with disabilities shall be provided in compliance with all the applicable state and federal requirements. Additionally, all spaces for persons with disabilities shall be located so that:

(1) The spaces provide easy access from the closest parking spaces to the major entrance of the use for which they are provided; and

(2) The disabled individual is not compelled to wheel or walk behind parked cars other than his or her own.

(b) Additional marking provisions include the following, so long as they are allowed by applicable state and federal requirements:

(1) Parking spaces, including access aisles, designated for use by persons with disabilities shall consist of blue pavement markings.

(2) The International Symbol of Accessibility parking space symbol with blue background and white border shall be placed in each parking space designated for use by persons with disabilities.

(3) All parking spaces for persons with disabilities shall be provided with parking blocks or curbing designed to prevent parked vehicles from extending beyond the property lines, damaging adjacent landscaping, walls or buildings, or overhanging sidewalk areas. Barriers should not block the access aisles between disabled accessible spaces.

(4) Prefabricated parking blocks, where used, shall be a minimum of 6" wide, 6" high, and 6 feet long and must be firmly and permanently anchored.

(5) Where used, all parking blocks and curbing for parking spaces for persons with disabilities shall be painted blue.

(6) All of the above requirements shall be detailed on an attached detailed drawing to be distributed with applicable permits.

(Ord. 2016-44. Passed 5-24-16.)

1171.07 OFF-STREET LOADING SPACE REQUIREMENTS.

In any district with the exception of the H Historic District, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, funeral home, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional such space for each 20,000 square feet or fraction thereof of gross floor area so used in excess of 10,000 square feet.

1171.08 OFF-STREET LOADING DESIGN STANDARDS.

All off-street loading spaces shall be in accordance with the following standards and specifications:

(a) Dimensions. Each loading space shall have a minimum dimension not less than 10 feet in width, 25 feet in length and a vertical clearance of not less than 14 feet in height.

(b) Setbacks. Notwithstanding other provisions of this regulation and other setback requirements, off-street loading spaces may be located in the required rear or side yard of any B-R, L-I or CCD District provided that not more than eighty percent (80%) of the required rear yard or side yard is occupied, and no part of any loading space shall be permitted closer than 50 feet from any right-of-way or residential district.

(c) Screening. In addition to the setback requirements specified above, screening shall be provided on each side of an off-street loading space that abuts any residential district. Screening shall comply with the requirements of Section 1169.08.

(d) Access. All required off-street loading spaces shall have access from a public street or alley in such a manner that any vehicle leaving the premises shall be traveling in a forward motion.

(e) Paving. Any required off-street loading spaces, together with its appurtenant driveways, aisles and other circulation areas, shall be surfaced with a pavement having an asphalt or concrete binder of sufficient strength to support vehicular loads imposed on it while providing a durable, dustless surface.

(f) Drainage. All loading spaces, together with driveways, aisles and other circulation areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excess drainage of surface water onto adjacent properties, walkways or onto public streets. Adequate arrangements shall be made to insure acceptable diversion to an adequate storm water drainage system.

(g) Lighting. Any lights used to illuminate a loading area shall be so arranged as to reflect the light away from any adjacent properties or right-of-way.

1171.09 SUBMISSION TO PLANNING AND ZONING COMMISSION.

Detailed drawings as indicated in Section 1111.09 of the location, width and number of entrance driveways to necessary parking and off-street loading facilities shall be submitted to the Planning and Zoning Commission with the exception of single family detached dwellings and duplexes, for approval prior to the granting of any building permit. Such drawing shall show the number of spaces and locations, dimensions and descriptions of all features enumerated in this section or as required elsewhere in this Zoning Code. The Planning and Zoning Commission may require, in addition to those enumerated, further structural or landscaping features such as bumper guards, curbs, walls, fences, shrubs, trees, ground cover or hedges to further the intent and purposes of this Zoning Code. The Planning and Zoning Commission, in addition, may recommend such changes in location, width and number of driveways as it shall determine are necessary to eliminate any potential traffic hazards.

1171.10 MODIFICATIONS.

The Planning and Zoning Commission may authorize a modification, reduction, or waiver of the foregoing requirements if such action is warranted.

(a) Reduced number of parking spaces required.

(1) As part of any Site Plan Review, the applicant therefor may request as part of the review a waiver of the minimum specified number of parking spaces as set forth within this chapter.

(2) In such event, if the Planning & Zoning Commission, finds as part of such site plan review that due to the special circumstances the minimum specified number of parking spaces required as set forth in this chapter are not required in the interests of public health, safety and general welfare or are inappropriate because of the particular nature of the plans for which such site plan approval is being sought, the Planning & Zoning Commission may as part of the site plan approval reduce the minimum specified number of parking spaces otherwise required by no more than thirty percent (30%). Any such reduction shall be subject to specific conditions and measures which may be imposed by the Planning & Zoning Commission.

(3) In addition thereto, any such reduction in the minimum specified number of parking spaces shall typically include the following conditions:

(a) The reservation of land areas on the site for use as additional parking spaces, in an amount equal to the reduction as indicated on the site plan, should these additional spaces be required for some future use.

(b) The monetary contribution to City funds specifically designated for improvements of public parking, bike and pedestrian and City transportation shall be a maximum of 15% of the cost saving realized from the reduction.

(4) Any such reduction in the minimum specified number of parking spaces shall also include as a condition thereof the procedure for determining the necessity of using some or all of any such reserved land areas for additional parking spaces. Upon any change in use and/or occupancy of the improvements for which such off-street parking spaces are required, the owner of the property upon which such improvements are situated shall notify the Building & Zoning Administrator based on observation or complaint that the reduced parking is insufficient, then any previously granted reduction in the minimum specified number of parking spaces shall be subject to further review and revision.

(5) Under all circumstances, the granting of a reduction in the minimum specified number of parking spaces as required shall not be approved if such action has the effect of nullifying the intent and purpose of the Comprehensive Master Plan or other provisions of this zoning chapter. Any certificates of occupancy issued for improvements for which the off-street parking reduction has been granted shall contain a notation to the effect that such premises are subject to the off-street parking waiver granted under this section and any conditions related thereof.

(b) Increased number of required parking spaces.

(1) As part of any Site Plan Review, the applicant therefor may request as part of the review an increase beyond the minimum specified number of parking spaces as set forth within this chapter.

(2) In such event, if the Planning and Zoning Commission finds as part of such site plan review that due to the special circumstances the minimum specified number of parking spaces required as set forth in this chapter is not adequate, that number may be increased in the interests of public health, safety and general welfare or appropriate because of the particular nature of the plans for which such site plan approval is being sought, the Planning and Zoning Commission may as part of the site plan approval increase the minimum specified number of parking spaces otherwise required by no more than thirty percent (30%). Any increase shall be subject to specific conditions and measures which may be imposed by the Planning & Zoning Commission.

(3) In addition thereto, any such increase in the minimum specified number of parking spaces shall typically include the following conditions:

(a) The removal of the additional parking spaces, in an amount equal to the increase, should these additional spaces not be required for some future use.

(b) The monetary contributions to City funds specifically designated for improvements of public parking, bike and pedestrian and City transportation shall be a maximum of 15% of the reasonable cost for the marginal increase of the minimum parking.

(4) Any such increase in the minimum specified number of parking spaces shall also include as a condition thereof the procedure for determining the necessity of removing some or all of any such additional parking spaces. Upon any change in use and/or occupancy of the improvements for which such off-street parking spaces are required, the owner of the property upon which such improvements are situated shall notify the Building & Zoning Administrator based on observation or complaint that the increased parking is not needed, then any previously granted increase in the minimum specified number of parking spaces shall be subject to further review and revision.

(5) Under all circumstances, the granting of a increase in the minimum specified number of parking spaces as required shall not be approved if such action has the effect of nullifying the intent and purpose of the Comprehensive Master Plan or other provisions of this zoning chapter. Any certificates of occupancy issued for improvements for which the off-street parking increase has been granted shall contain a notation to the effect that such premises are subject to the off-street parking waiver granted under this section and any conditions related thereof.

(Ord. 2007-24. Passed 2-13-07.)

(1) Overflow or intermittent parking may be constructed of permeable pavement or permeable pavement systems as a Conditional use per Codified Ordinance Section 1111.06. In addition to meeting the requirements of Codified Ordinance Section 1111.06, all permeable pavement or permeable pavement systems shall be reveiwed by the City Engineer and/or the City Engineer's designee and be constructed per the manufacturer's specifications. Permeable paving shall not be utilized for meeting the minimum parking required per Codified Ordinance Section 1171.04.

(Ord. 2015-6. Passed 2-10-15.)

1173.01 PURPOSE.

(a) It is the purpose of these sign regulations to permit the use of signs as a means of communication in the City; to maintain and enhance the City's natural and manmade environment; to encourage an attractive and healthy economic environment; to minimize the possible adverse effects of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations.

(b) The purpose as stated above is based on the following findings concerning signs:

(1) That excessive signs create dangerous traffic conditions, intrude on motorist and pedestrian enjoyment of the natural and manmade beauty of the City, and as such are detrimental to the public health, safety and general welfare of the City.

(2) That business enterprises and other institutions located along public and private streets have a need to identify themselves and their activities to motorists and pedestrians by means of signs.

1173.02 GENERAL PROVISIONS.

The following regulations shall apply to all permitted signs in the City.

(a) No sign shall be erected unless it is in compliance with the regulations of this chapter.

(b) Signs must be constructed in compliance with any applicable regulations of the City's Building Code.

(c) No sign shall obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the City or other governmental agency for the regulation of traffic or parking. (Ord. 2007-24. Passed 2-13-07.)

(d) No sign shall have animation, moving parts, flashing lights or changing colors, except part of a sign, which by means of changes in copy or moving parts, indicates time, or temperature. Electronic Message Display Signs shall be permitted as a Conditional Use by the Planning and Zoning Commission pursuant to Codified Ordinance Section 1111.06. Signs may be illuminated by either external or internal sources of light. However, no illuminated sign shall be permitted any part of which flashes on or off or displays changing degrees of intensity. This regulation applies to signs located outside buildings, and to window signs inside buildings which can be seen from the outside.

(Ord. 2008-69. Passed 10-28-08.)

(e) No sign, whether free standing, ground mounted or attached to a building or other structure, may project over any public street, sidewalk or other public right-of-way, except as expressly permitted in this chapter.

(f) Any sign which is permanently mounted shall bear, in a permanent position, a clearly legible identification stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction, and the date of erection.

(g) No sign shall be permitted as the principal use on a premises. Signs shall only be permitted as accessory uses.

(h) No sign shall be permitted which is attached to, supported by or part of a structure which is designed to be moved on wheels, skids or other similar device; or transported, pushed or pulled by a motor vehicle.

(i) (1) No sign, with the exception of governmental signs, shall be placed in the public right-of-way provided however that the Planning and Zoning Commission may authorize the installation of informational signs in the public right-of-way. Such signs shall not exceed three square feet in area.

(2) Banners shall be considered a "temporary commercial sign" and may be erected within the H Historic District and the O-R Office Residential District, for the promotion of events, activities or functions by any not-for-profit group or agency or for any event within the jurisdictional limits of the City if approved by the Planning and Zoning Commission. Such banners shall be regulated as follows:

A. Such banners shall not be illuminated.

B. Banners shall only include the name of the organization(s) or person(s) sponsoring said event in a manner secondary to the promotion of the event, activity or function.

C. When approved for erection over a City street, such banners shall be limited in size to the width of the right-of-way and shall not be erected less than 14 feet as measured from the crown of the roadway to the bottom of the banner. Such banner face shall not exceed three feet in height as measured from the bottom of the banner.

D. Banners shall only be erected for a specific length of time not to exceed a time period of more than 21 consecutive days.

E. Such banners shall follow the permit process as established in Sections 1173.03 and 1173.05.

(j) Any free standing sign or permanent ground mounted sign shall have landscaping beneath the sign according to the following standards:

(1) The minimum landscaped area shall be equal to the area of the sign face.

(2) The landscaped area shall include all points of structural support attachment to the ground.

(3) Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles is required. The minimum horizontal distance between the face of any required curb and any part of the sign is 36 inches.

(4) The landscaped area shall include living plantings located and maintained. The use of concrete, asphalt or other paved surface inside the required landscaped area beneath the sign is prohibited.

(k) No commercial or business sign shall be illuminated between the hours of 12:00 a.m and 6:30 a.m. except where such business is open to the public at that time or is in operation during those times.

(Ord. 2007-24. Passed 2-13-07.)

(l) Electronic Message Display Signs are permitted as as Conditional Use in all zoning districts, with the exception of the Scenic Waterways-Passive and Scenic Waterways-Active districts, subject to the following standards:

(1) When the display changes, it shall change with no phasing, rolling, scrolling, flashing, or blending.

(2) The area occupied by the electronic message display shall not exeed twelve (12) square feet of the allowable surface area of signage or fifty percent (50%) of the maximum area for the zoning district, whichever is less and shall meet all location and minimum setbacks for the zoning district.

(3) The electronic message display shall be monochromatic text, alphabetic or numeric characters only on a plain dim background and may not include any video, graphic, pictorial, or photographic images.

(4) No more than one (1) electronic message display sign, with one (1) or two (2) sides, is permitted per site. Electronic message display signs shall not be permitted as wall, projecting, or portable signs.

(5) The message lighting shall consist of one color and the minimum time frame in which each message is readable shall be eight (8) seconds.

(6) Such signs shall have an automatic dimmer control which produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one half (1/2) hour before sunset and one half hour after sunrise.

(7) Such signs shall contain a default design that will shut down the display if a malfunction occurs.

(8) No overhead or control wiring for signs shall be permitted.

(Ord. 2008-69. Passed 10-28-08.)

1173.03 SIGNS REQUIRING PERMITS.

No sign shall be erected, painted, posted or placed in any district within the City without a permit authorized by the Zoning and Planning Commission and issued by the Zoning Administrator, except for those signs identified as exempt from such permit in Section 1173.04. Applications for such permit shall be upon a form approved by the Planning and Zoning Commission and shall have attached thereto, when submitted, seven color rendered copies depicting the proposed sign. Sign structure, size, height, setback location and number shall be determined by the requirements set forth in the regulations for each zoning district.

1173.04 SIGNS NOT REQUIRING A PERMIT.

The following types of signs do not require a permit from the Zoning Administrator; however, each exempt sign must comply with height, area, and location regulations set forth in the regulations for each zoning district.

(a) Plaques or tablets denoting the name of the building and/or date of erection thereof.

(b) Traffic or other signs erected and maintained by the City or any other Governmental Agency, signs containing governmental legal notices and all other similar signs required by law to be posted.

(Ord. 2007-24. Passed 2-13-07.)

(d) Temporary non-commercial signs displaying messages, including real estate signs, construction signs, political signs, garage and yard sale signs and temporary promotional signs. Such signs shall not be located within the public right-of-way and shall be allowed to remain on a premises for a period of time as designated below:
(Ord. 2012-45. Passed 5-22-12.)

(1) Real estate signs shall be removed within three days of closing of sale on the property.

(2) Construction signs shall be removed upon completion of work.

(3) Political signs shall be removed three days after the date of election, if the political sign relates to an election. One sign for each political candidate is permitted.

(4) Garage or yard sale signs shall not be displayed for more than ten days and not more frequently than once in each three month period for the same premises. (Ord. 2007-24. Passed 2-13-07.)

(5) Temporary promotional signs intended to promote or advertise special events shall not be erected more than seven calendar days prior to the event, and all signs must be removed within three days after the completion of the event. (Ord. 2012-45. Passed 5-22-12.)

(e) Window signs located inside or behind a window, provided that the window sign is located in a building where a commercial or an industrial use is permitted as a principal use. No window shall advertise products or services not provided or for sale on the premises. Window signs and advertising not-for-profit and civic functions shall be permitted.

1173.05 TEMPORARY COMMERCIAL SIGNS, BANNERS AND WIND ACTIVATED DEVICES.

The Zoning Administrator, in accordance with the provisions herein, is authorized to issue permits for the erection and maintenance of temporary commercial signs, which includes banners and wind activated devices. Such permit shall not be issued for a period in excess of 60 days in one calendar year, within the A-Agriculture District not to exceed 90 days within one calendar year. Temporary commercial sign permits shall be issued for signs which advertise or call attention to temporary business promotions. Temporary commercial signs shall not be illuminated. No temporary signs containing commercial messages shall be permitted in residential districts. No permit shall be issued for aerial signs or signs designed to be moved on trailer wheels, skids or on other similar devices. The area, height and number of temporary commercial signs shall be determined by the requirements set forth in the regulations for each zoning district.

1173.06 MEASUREMENT STANDARDS.

The following standards shall be used to determine the area and height measurements for all signs in the City:

(a) The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the exterior display limits of a sign, but not including any supporting frame or bracing.

(b) The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point.

(c) In the case of irregularly shaped three dimensional signs the area of the display surface shall be measured on the plane of the largest vertical cross section.

(d) The height of a sign shall be determined by measuring the vertical distance between the top part of the sign to the elevation of the ground beneath the sign prior to construction, excluding additional elevation added by creation of berming or mounding. If the grade prior to construction cannot be determined, the elevation of the base of the sign shall be computed using the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the premises, whichever is lower.

1173.07 R-LD RESIDENTIAL-LOW DENSITY DISTRICT SIGN REGULATIONS.

Location and minimum setback. All signs shall be located on the same lot to which they are an accessory use. All signs must be located a minimum of ten feet from the right-of-way line of any abutting street.

1173.08 R-MD RESIDENTIAL-MEDIUM DENSITY DISTRICT SIGN REGULATIONS.

1173.09 R-MF RESIDENTIAL-MULTI-FAMILY DISTRICT SIGN REGULATIONS.

1173.10 O-R OFFICE-RESIDENTIAL DISTRICT SIGN REGULATIONS.

Location and minimum setback. Signs shall be located on the same lot to which they are an accessory use, and must be located a minimum of eight feet from the edge of road pavement or face of curb. In no case shall any sign be located in the right-of-way.

A. Portable sandwich board signs are permitted in O-R Office Residential District, and may be located in the sidewalk right-of-way, so as not to obstruct pedestrian traffic, and shall be located in front of the same building frontage for which the sign is erected. (Ord. 2007-24. Passed 2-13-07.)

B. Portable sandwich board signs shall be of quality design and construction that are professional made and shall have a base and frame constructed of wood with a natural stained finish. Metal, OSB, Coraply, Masonite or other materials shall not be utilized for the base and frame.

C. A porcelain chalkboard surface shall be used as the sign face, and neatly hand lettered. A permanently printed aluminum sign is permitted, subject to the approval of the Zoning Administrator. Whiteboards and changeable letters are not permitted.

D. Portable sandwich board signs shall be positioned so as to allow at least a four-foot wide pedestrian path of travel and located at least 4 feet from the street curb.

E. City Council hereby approves the portable sandwich board sign design, as shown in Exhibit A. All existing non-permitted, portable sandwich board signs shall be replaced with signs that substantially conform to the construction and design shown on Exhibit A. All future portable sandwich signs shall substantially conform to the construction and design shown on Exhibit A.

(Ord. 2012-45. Passed 5-22-12.)

1173.11 B-R BUSINESS-RETAIL DISTRICT SIGN REGULATIONS.

Location and setback. Signs shall be located on the same lot to which they are an accessory use. All signs shall be set back a minimum of ten feet from the edge of road pavement or face of curb. In no case shall any sign be located in the right-of-way.

1173.12 B-C BUSINESS-CORRIDOR DISTRICT SIGN REGULATIONS.

1173.13 H HISTORIC DISTRICT SIGN REGULATIONS.

Location and minimum setback.

A. Signs shall be located on the same lot to which they are an accessory use. Projecting signs shall be allowed to project over the width of the sidewalk or four feet from the building, whichever is less.

B. Portable sandwich board signs are permitted in the H Historic District, and may be located in the sidewalk right-of-way, so as not to obstruct pedestrian traffic, and shall be located in front of the same building frontage for which the sign is erected. Portable sandwich board signs shall be positioned so as to allow at least a four-foot wide pedestrian path of travel and be located at least four feet from the street curb.

General Provisions.

(1) All signs in the H Historic District shall be constructed of materials appropriate for use in wet conditions if they are to be exposed to the elements. Signs shall compliment the building and adjacent buildings by being designed and placed to enhance the architecture and preserve the character of the historic district and be consistent with the characteristic of the Historic District. Signs shall be structurally sound and may be constructed of wood, plastic, metal, aluminum, stone, or any combination thereof unless otherwise approved of by the Building and Zoning Official, except for portable sandwich board signs, which will be constructed pursuant to subsection (4) hereof.

(2) No projecting sign in the H Historic District shall be internally illuminated. Other signs in the H Historic District can be internally illuminated if approved by the Building and Zoning Official in accordance with the requirements indicated in Section 1173.02: General Provisions.

(3) City Council hereby approves the street and historic district signage design, as shown in Exhibit A, as attached to Resolution No. 1998-22, passed 4-28-98. All future street identification signage that is replaced due to damage or wear should conform to the design shown on Exhibit A.

(4) Portable sandwich board signs shall be of quality design and construction that are professional made and shall have a base and frame constructed of wood with a natural stained finish. Metal, OSB, Coraply, Masonite or other materials shall not be utilized for the base and frame.

(5) A porcelain chalkboard surface shall be used as the sign face, and neatly hand lettered. A permanently printed aluminum sign is permitted, subject to the approval of the Building and Zoning Official. Whiteboards and changeable letters are not permitted.

(6) Portable sandwich board signs shall be positioned so as to allow at least a four-foot wide pedestrian path of travel and located at least four feet from the street curb.

(7) City Council hereby approves the portable sandwich board sign design, as shown in Exhibit A attached. All existing non-permitted portable sandwich signs shall be replaced with signs that substantially conform to the construction and design shown on Exhibit A. All future portable sandwich signs shall substantially conform to the construction and design shown on Exhibit A.

(8) All signage modifications including the re-facing of an existing sign within the H Historic District requires approval from the Building and Zoning Official.

(Ord. 2019-57. Passed 6-25-19.)

1173.14 L-I LIGHT INDUSTRIAL DISTRICT SIGN REGULATIONS.

1173.15 S-WA AND S-WP SCENIC WATERWAY DISTRICT SIGN REGULATIONS.

General Provisions.

(1) All signs located in the S-WA and S-WP Scenic Waterways Districts shall be constructed of wood unless approved by the Planning and Zoning Commission.

(2) No sign located in the S-WA and S-WP Scenic Waterways Districts shall be illuminated unless approved by the Planning and Zoning Commission.

1173.16 REVIEW PROCEDURE OF SIGNS.

The Building and Zoning Official shall review and act on applications for new signs or modifications to existing signs pursuant to any applicable provisions of Part Eleven Planning and Zoning Code. The Building and Zoning Official may approve, disapprove or approve with modifications in order to assure compliance with the above referenced standards.

(Ord. 2019-57. Passed 6-25-19.)

1173.17 NONCONFORMING SIGNS.

Notwithstanding any provisions of this chapter to the contrary, all signs erected following the effective date of these regulations shall comply with all the provisions of these regulations when erected. All signs which are in existence on the effective date of these regulations that do not conform with the standards of this chapter, shall be considered nonconforming uses and shall be subject to the following provisions:

(a) No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message.

(b) No nonconforming sign shall be structurally altered so as to change the shape, size, type or design of the sign, nor shall any nonconforming sign be relocated.

(c) No nonconforming sign shall be allowed to remain after the use of land or building which has ceased by discontinuance or abandonment to which the sign relates.

1173.18 PERMIT REQUIRED.

A zoning certificate or building permit shall be required based on the following conditions:

(a) No person shall locate or display any sign unless all provisions of this Zoning Code have been met. A sign permit shall be required for each sign unless specifically exempted in the article.

(b) A sign for which a permit has been issued shall not be modified, relocated, altered or replaced unless an amended or new permit is obtained from the Zoning Administrator.

1173.19 ABANDONMENT OF SIGNS.

(a) If any sign is abandoned for a period of at least six consecutive months in any 18 month period, such sign shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety and general welfare of the community and shall be abated.

(b) Such abandoned sign shall be abated within 60 days of notification by the Zoning Administrator either by:

(1) Removing the sign in question. Removal includes the total disassembly of the sign structure, including the base, to the grade on which the sign was erected. Any sign not removed within the specified 60 day time period may be removed by the City at the property owner's expense and assessed to that property owner on the next County Property Tax statement

(2) Altering the sign and its structure so that it conforms to the regulations and provisions of this Zoning Code.

(c) The failure, neglect or refusal of any owner to comply with these regulations will constitute a violation of this Zoning Code.

1173.20 A AGRICULTURAL DISTRICT SIGN REGULATIONS.

Location and setback. Signs shall be located on the same lot to which they are an accessory use. All signs shall be set back a minimum of ten feet from the right-of-way line.

General Provisions.

(1) All signs located in the A Agricultural District shall be constructed of wood unless approved by the Planning and Zoning Commission.

(2) No sign located in the A Agricultural District shall be illuminated, unless approved by the Planning and Zoning Commission.

1173.21 CCD CORPORATE CAMPUS DISTRICT SIGN REGULATIONS.

1175.01 PURPOSE.

It is the purpose of the Environmental Performance Standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside said use’s lot line. Materials used and products produced shall be adequately housed, shielded or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.

1175.02 APPLICABILITY AND COMPLIANCE.

The Environmental Performance Standards are applicable to all land uses in all zoning districts in the City, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in conformance with these standards shall be brought in compliance upon discontinuance of the existing use of land, structure or building per Section 1117.05. Any change in the principal use of land, structure or building shall constitute discontinuance and be fully subject to these standards and provisions.

1175.03 NOISE.

No activity on private property shall emit noise in excess of sound levels indicated in the table below that creates a nuisance to surrounding properties. Sound levels shall be determined by the use of a sound level meter designed to give measurements designated as dBA or dB(A). Measurements may be taken, at the discretion of the Zoning Administrator, at the property line or anywhere beyond the property line of the source property. The maximum noise levels will be established by the receiving property or zoning district regardless of the proximity of the source property to it. The source property need not be contiguous to the receiving property.

MAXIMUM PERMITTED SOUND LEVELS
SOURCE PROPERTY		RECEIVING PROPERTY
NOISE SOURCE	TIME	RESIDENTIAL	COMMERCIAL	INDUSTRIAL
Residential	Daytime1 Nighttime2	55 dBA 50	55 dBA 50	55 dBA 50
Commercial	Daytime1 Nighttime2	55 50	60 50	60 50
Industrial	Daytime1 Nighttime2	55 50	60 50	70 60

1 Daytime shall be considered as the hours between 7:00 a.m. and 10:00 p.m.

2 Nighttime shall be considered as the hours after 10:00 p.m.

1175.04 EXEMPTIONS.

(a) The following noise levels shall be exempt from the noise provisions during the daytime only:

(1) Firearms on authorized ranges.

(2) Legal blasting.

(3) Temporary construction activity and equipment.

(4) Installation of utility equipment.

(5) Lawn mowers, chain saws and garden equipment.

(6) Home Shop Equipment

(b) The following noise sources shall be exempt from the noise provisions at all times:

(1) Aircraft.

(2) Railroads.

(3) Emergency vehicles and equipment.

(4) Warning devices operating continuously for not more than five minutes.

(5) Bells, chimes or carillons operating continuously for not more than five minutes.

(6) The repair of essential utility services.

(7) Officially sanctioned parades or other events.

1175.05 VIBRATIONS.

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.

1175.06 GLARE.

Any operation producing intense light or heat, including high temperature processes such as combustion or welding shall not be visible beyond any lot, shall be baffled, shielded or positioned as to extend glare away from adjacent properties or right-of-way). Furthermore, no activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Zoning Administrator.

1175.07 ODOR.

The emission of noxious odors beyond the lot line shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.

1175.08 AIR AND WATER POLLUTANTS.

The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter. Best Management Practices (BMP) shall be maintained during all construction process.

1175.09 HAZARDOUS MATERIALS.

The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulations of any local, state or federal agency having jurisdiction in this matter.

1175.10 ELECTRICAL DISTURBANCES.

No activity will be permitted which emits electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance and, shall comply with all applicable FCC regulations and standards.

1175.11 PROTECTION OF GROUNDWATER.

The following standards shall apply to the protection of groundwater.

(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) AQUIFER RECHARGE AREA is the areal presentation of “hydrologic setting 7-D” together with any "gravel pit/quarry," as defined upon any Groundwater Pollution Potential Map (generated using the DRASTIC process) for Hamilton and/or Clermont and/or Warren Counties or portions thereof.

(2) ASBESTOS means a group of naturally occurring minerals that separate into fibers of high tensile strength, are resistant to heat, water and chemicals, including; but not limited to chrysotile, crocidolite, actinolite, and anthophylite and their related asbestiform materials.

(3) CONSTRUCTION/DEMOLITION WASTE means materials discarded during the alteration, construction, destruction, rehabilitation or repair of any manmade structure or improvement, which such materials include, by way of illustration and not limitation, glass, wallboard, framing and/or finishing lumber, roofing materials, plumbing fixtures, wiring and insulation. However, materials such as concrete, asphalt, building, or paving brick or building or paving stone shall not be considered “construction/demolition waste.”

(4) DISPOSE or DISPOSING means discharging, depositing, dumping, spilling, leaking, or placing of any waste material into or upon land or ground or surface water except for such dispositions or placements constituting "storage."

(5) FILL or FILLING as a verb means placing any waste material into or upon the ground, except for such disposition or placements constituting "storage."

(6) FLYASH means fine particles of ash of a solid fuel carried out of the flue of a furnace with the waste gases produced during combustion.

(7) HAZARDOUS WASTE means any waste or combination of wastes in solid, liquid, semisolid, or contained gaseous form, which because of its quantity, concentration, or physical or chemical characteristics, may:

A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

B. Pose a substantial present of potential hazard to human health or safety or to the environment when improperly stored, treated, transported, disposed of, or otherwise managed.

HAZARDOUS WASTE herein includes any substance identified by federal or state law or regulation as "hazardous waste."

(8) INFECTIOUS/MEDICAL WASTE includes, but is not limited to all of the following substances or categories of substances as may be further defined by the Ohio Revised Code:

A. Cultures and stocks of infectious agents and associated biologicals; or

B. Laboratory waste; or

C. Pathological waste; or

D. Waste material from the rooms of humans, or the enclosures of animals; or

E. Human and animal blood specimens and blood products; or

F. Contaminated carcasses, body parts, and the bedding of animals; or

G. Sharp waste used in the treatment or inoculation of human beings or animals; or

H. Waste from patients isolated with highly communicable diseases.

(9) MATERIALS FROM MINING OPERATIONS means materials, other than sand and gravel, which are from, or which are a byproduct of, material extracted from "mines," as defined in the Ohio Revised Code.

(10) NUCLEAR WASTE means discarded radioactive material, whether solid, liquid or gaseous, which emits ionizing or nonionizing radiation spontaneously, including accelerator-produced and naturally occurring materials, or any waste which contains materials in concentrations which exceed federal or state safety limits for such materials.

(11) PERSON means any political entity or subdivision or any public or private corporation, individual, partnership, association, organization or other entity held to be a "person" by the courts of the State of Ohio.

(12) SITE means one or more parcels of real property which are owned by the same person and which are contiguous to each other. Such parcels are deemed to be contiguous even when bisected by a public or private right-of-way, or when located across a public or private right-of-way from one another and when they have a common frontage or otherwise abut the same public or private right-of-way.

(13) SLAG means the more or less completely fused and vitrified matter separated during the reduction of a metal from its ore, commonly called "cinder."

(14) SOLID WASTE means discarded solid or semisolid waste material as results from industrial, commercial, agricultural, and community operations, and includes, but is not limited to, garbage, tires, combustible and noncombustible material, street dirt and street debris.

(15) SPENT TOXIC OR NONTOXIC FOUNDRY SAND means any material that has been used for producing castings in molten metal and as a result of contamination can no longer serve the purpose for which it was produced without reprocessing.

(16) STORAGE means the holding of a material for a temporary period in such a manner that it remains retrievable and substantially unchanged physically and chemically, with the intention that at the end of such period, such material is to be treated, disposed of off site, stored elsewhere, consumed, reused, recycled or reclaimed in a beneficial manner.

(b) Prohibitions Within Groundwater Protection. The following shall regulate groundwater protection:

(1) Within the boundaries of the Groundwater Protection District as the same is depicted on the zoning map of the City, no person shall dispose of or fill, or cause or allow the disposal or filling of, any of the following materials in, under or upon any real property:

A. Materials from mining operations;

B. Toxic or nontoxic flyash;

C. Spent toxic or nontoxic foundry sand;

D. Slag;

E. Asbestos or asbestos-containing materials; or

F. Construction/demolition, hazardous, infectious/medical, nuclear or solid waste.

(2) The Groundwater Protection District's boundary shall at a minimum include the boundaries of a sole source aquifer designated by the Administrator of the U.S. Environmental Protection Agency under the Safe Water Drinking Act of 1974, the 100 year flood plain of a water course as those boundaries are depicted upon any official applicable maps or plats prepared pursuant to the National Flood Insurance Act of 1968 and the Aquifer Recharge Area as defined in subsection (a) hereof.

(c) Certain Materials Allowed by Permit. Within the boundaries of the Groundwater Protection District as the same is depicted on the zoning map of the City, no person shall dispose of or fill, or cause or allow the disposal or filling of, concrete and concrete products, asphalt and asphalt products, building or paving brick building or paving stone, or tree debris, except upon the site which generated same, without first obtaining a written permit in accordance with subsection (d) hereof.

(d) Permit Process and Appeals.

(1) The process of issuing a permit pursuant to subsection (c) hereof shall be undertaken by the City Administration. City Administration shall establish, subject to Council's approval, permitting procedures, fees and forms. Applications for permits shall be issued by the City Manager or the City Manager's designee.

(2) Appeals from decisions to deny a permit shall be taken to the Board of Zoning Appeals pursuant to the process outlined in Section 1111.12.

(e) Penalties. Any person convicted of a violation of this section shall be guilty of a second degree misdemeanor. Each day or violation shall be a separate offense.

(f) Regulation of Disposal and Fill. In order to regulate disposal and fill, all provisions of this section are hereby extended to those areas within the municipal corporation limits of the City which lie outside of the Groundwater Protection District boundary.

1175.12 STEEP SLOPE REGULATIONS.

PURPOSE: The City of Loveland has areas of steep topography, which are scenic features that increase the potential for erosion hazards. Protection of naturally vegetated slopes from erosion is also critical to protection of water quality and the riparian areas. If erosion is not controlled, property will also be threatened with loss of structures. All developments shall comply with Loveland’s Storm Water Regulations.

PERMITTED USES:

Permitted uses shall be those of the applicable zoning district(s).

CONDITIONALLY PERMIITED USES:

Conditionally permitted uses shall be those of the applicable zoning district(s).

Conditions For Building On Steep Slopes

A. All activity on steep slopes requires a conditional use permit to preserve the integrity of natural drainage systems, to maintain soil stability, to avoid property damage from erosion and to protect the health and safety of residents. Additional development standards and review procedures apply to construction and development activity on steep slopes.

(1.) Steep Slopes. Steep slopes are defined specifically as any cutting, filling, grading, or other construction activities otherwise allowed, that would be constructed or located in any area of a site where in that area the greatest amount of slope over any one hundred foot (100’) horizontal distance is greater than eighteen percent (18%). Steep slopes are classified as a conditional use in accordance with the requirements of Section 1111.06.

Prior to granting formal zoning approval, existing natural topography shall not be altered through earthwork or any kind, including but not limited to clearing, grubbing, cutting and/or filling.

B. Open space residential subdivisions and conventional residential subdivision design shall not establish or otherwise create new residential lots where the greatest amount of slope over any one hundred foot (100’) horizontal distance (exclusive of any portion of a lot that is within any required front, side or rear yard setback) is greater than thirty percent 30% as shown in Illustration A. Existing natural topography may not undergo earthwork or any type of cutting and filling to alter topographical site conditions prior to granting formal zoning approval.

Illustration A

C. Open space residential subdivisions and conventional residential subdivisions shall demonstrate sensitivity to natural systems and ecological features. To the greatest extent possible, new roadways shall follow natural contours and care should be taken to include areas of highest environmental significance as part of the non-building areas of each lot and/or subdivision.

D. Evidence that structural issues related to development on steep slopes have been addressed by the applicant shall be provided. This evidence shall include presenting foundation plans approved and stamped by a Professional Engineer (P.E.).

E. The construction of retaining walls are to be utilized only with the approval of the City Engineer and is demonstrated to be absolutely necessary. Finished grades in disturbed areas shall not exceed a three to one slope. The visual impact of retaining walls shall be minimized with vegetated plantings that soften edges and create visual interest.

F. Evidence that adequate measures will be taken to prevent erosion and sedimentation during and after construction shall be provided by the applicant. In areas with very steep slopes, or for areas very close to a waterway, the Planning & Zoning Commission may require the preparation of a Storm Water Pollution Prevention Plan (SWPPP) for any type of construction in accordance with Loveland’s Storm Water and Subdivision Regulations.

G. Evidence that ecological issues are addressed shall be provided by the applicant. For areas that are shown as having a high ecological value, the Planning & Zoning Commission may require the applicant to present plans for vegetation preservation and tree planting/replanting and documentation from a qualified professional, that the proposed development will not substantially harm downstream water quality, habitats of state or federally protected species or impact other ecological considerations. Such documentation should also address long-term impacts and cumulative effects of development.

PLANT LIST A SHADE TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height as indicated by the following: Large -60', Medium - 40', Small - 20'. Other shade trees which are native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

LARGE TREES

Common Plant Names	European Beech	Norway Maple
Plant Botanical Name	Fagus sylvatica	Acer platanoides
Specie Cultivars	Columnaire	Crimson King
		Summershade

Common Plant Names	Ginkgo	Pin Oak
Plant Botanical Name	Ginkgo biloba (male only)	Quercus Palustris
Specie Cultivars	Autumn Gold	Sovereign
	Fastigiata	Crown Right
	Sentry

Common Plant Names	Green Ash	Red Maple
Plant Botanical Name	Fraxinus pennsylvanica	Acer rubrum
Specie Cultivars	Marshall Seedless	Autumn Flame
	Cimmaron	October Glory
	Urbanite	Red Sunset

Common Plant Names	Scarlet Oak	Red Oak
Plant Botanical Name	Quercus coccinea	Quercus rubra
Specie Cultivars

Common Plant Names	London Plane Tree	Tulip Poplar
Plant Botanical Name	Plantanus x acerifolia	Liriodendron
Specie Cultivars		tulipifera

Common Plant Names	Sugar Maple	Sweetgum
Plant Botanical Name	Acer saccharum	Liquidambar
Specie Cultivars		styraciflua

Common Plant Names	Willow Oak	Elm
Plant Botanical Name	Quercus phellos	Ulmus parvifolia
Specie Cultivars		Lace Bark Elm

Common Plant Names	Shumardi Oak	Shingle Oak
Plant Botanical Name	Quercus shumardii	Quercus
Specie Cultivars		imbricaria

Common Plant Names	White Ash	Bald Cypress
Plant Botanical Name	Fraxinus americana	Taxodium
Specie Cultivars	Autumn Purple	distichum

MEDIUM TREES

Common Plant Names	Callery Pear	Littleleaf Linden
Plant Botanical Name	Pyrus calleryana	Tilia cordata.
Specie Cultivars	Aristocrat	Chancellor
	Chancellor	Greenspire
	Cleveland	June Bride

Common Plant Names	Japanese Pagoda Tree	Japanese Zelkova
Plant Botanical Name	Sophora japonica	Zelkova serrata
Specie Cultivars	Regent

Common Plant Names	Thornless Honey Locust	Yellowwood
Plant Botanical Name	Gleditsia triacanthos	Cladrastis lutea
Specie Cultivars	Moraine
	Shademaster
	Skyline
	Imperial

Common Plant Names	Amur Cork	River Burch
Plant Botanical Name	Phellondendron amurense	Betula nigra
Specie Cultivars		Cully
		Dura Heat
		Fox Valley

Common Plant Names	Katsura Tree	Hess Ash
Plant Botanical Name	Cercidiphyllum japonicum	Fraxinus excelsior
Specie Cultivars

SMALL TREES

Common Plant Names	Sourwood	Hedge Maple
Plant Botanical Name	Oxydendron arboreum	Acer campestre
Specie Cultivars		Queen Elizabeth

Common Plant Names	Amur Maple	Paperbark Maple
Plant Botanical Name	Acer ginnala	Acer griseum
Specie Cultivars	Flame

Common Plant Names	European Hornbeam	Hornbeam
Plant Botanical Name	Carpinus betulus	Ostrya virginiana
Specie Cultivars	Upright

Common Plant Names		Japanese Maple
Plant Botanical Name		Acer palmatum
Specie Cultivars		Bloodgood
		Crimson Queen

PLANT LIST B FLOWERING TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height not exceeding 30 feet.

Common Plant Names	Callery Pear	Downy
Plant Botanical Name	Pyrus calleryana	Serviceberry
Specie Cultivars	Aristocrat	Amelanchier
	Chancellor	canadensis

Common Plant Names	Crabapple	Allegheny
		Serviceberry
Plant Botanical Name	Malus varieties	Amelanchier laevis
Specie Cultivars	Bob White, Sargeant, Snowdrift	Robin Hill
	White Angel, Coralburst, Donald Wyman,
	Louisa, Prairiefire, Sugar Tyme

Common Plant Names	Eastern Redbud	Sweetbay Magnolia
Plant Botanical Name	Cercis canadensis	Magnolia
Specie Cultivars	Flame	virginiana
	Forest Pansy
	Royal White

Common Plant Names	Dogwood	Japanese Tree Lilac
Plant Botanical Name	Cornus kousa	Syringa reticulata
Specie Cultivars	Cornus x ‘Rutdan’ Celestial	Ivory Silk

Common Plant Names	Golden Raintree,	Witch Hazel
Plant Botanical Name	Koelreutaria paniculata	Hamamelis
Specie Cultivars		virginiana

Common Plant Names	Green Hawthorne	Flowering Ash
Plant Botanical Name	Crataegus viridis	Fraxinus omus
Specie Cultivars	Winter King

Common Plant Names	Sargent Cherry	Carolina Silverbell
Plant Botanical Name	Prunus sargentii	Helesia tetraptera
Specie Cultivars	Columnaris
	Kwanzan

Common Plant Names	Saucer Magnolia	Choke Cherry
Plant Botanical Name	Magnolia soulangiana	Prunus virginiana
Specie Cultivars		Canada Red

Common Plant Names	Star Magnolia	White Fringe Tree
Plant Botanical Name	Magnolia stellata	Chioanthus
Specie Cultivars		Virginicus

Common Plant Names	Double Weeping Cherry	Weeping Cherry
Plant Botanical Name	Prunus subhirtella	Prunus subhirtella
Specie Cultivars		Snow Fountain

PLANT LIST C EVERGREEN TREES

These trees that are hardy in zones 5 - 6, are evergreen, can reach a mature height over 30 feet and if not limbed-up, can create a screen from the ground level up.

Common Plant Names	Colorado Blue Spruce
Plant Botanical Name	Picea pungens glauca
Specie Cultivars

Common Plant Names	Norway Spruce
Plant Botanical Name	Picea abies
Specie Cultivars

Common Plant Names	White Fir
Plant Botanical Name	Abies concolor
Specie Cultivars

Common Plant Names	White Pine
Plant Botanical Name	Pinus strobus
Specie Cultivars

Common Plant Names	Eastern Red Cedar
Plant Botanical Name	Juniperus virginiana
Specie Cultivars

PLANT LIST D DECIDUOUS SHRUBS

These perennial woody plants grow at least 3 feet in height, are tolerant in zones 5 - 6 and are deciduous.

Common Plant Names	Burning Bush
Plant Botanical Name	Euonymus alatus
Specie Cultivars	Compactus

Common Plant Names	Doublefile Viburnum
Plant Botanical Name	Viburnum plicatum tomentosum
Specie Cultivars

Common Plant Names	Forsythia Species
Plant Botanical Name
Specie Cultivars

Common Plant Names	Quince
Plant Botanical Name	Chaenomeles speciosa
Specie Cultivars

Common Plant Names	Shrub Cinquefoil
Plant Botanical Name	Potentilla fruticosa
Specie Cultivars

Common Plant Names	Spirea Species
Plant Botanical Name
Specie Cultivars

Common Plant Names	Spreading Cotoneaster
Plant Botanical Name	Cotoneaster divaricata
Specie Cultivars

Common Plant Names	Barberry
Plant Botanical Name	Berberis thunbergii atropurpurea
Specie Cultivars	Crimson Pygmy
	Rose Glow

Common Plant Names	Japanese Beautyberry
Plant Botanical Name	Callicarpa dichotoma
Specie Cultivars

Common Plant Names	Summersweet
Plant Botanical Name	Clethra alnifolia
Specie Cultivars	Hummingbird, Ruby Spice

Common Plant Names	Smokebush
Plant Botanical Name	Cotinus coggygria
Specie Cultivars	Royal Purple

Common Plant Names	Dwarf Fothergilla
Plant Botanical Name	Fothergilla gardenii
Specie Cultivars	Blue Mist, Mt. Airy

Common Plant Names	Big Leaf Hydrangea
Plant Botanical Name	Hydrangea macrophylla
Specie Cultivars	Endless Summer

Common Plant Names	Oak Leaf Hydrangea
Plant Botanical Name	Hydrangea quercifolia
Specie Cultivars	(the best flowering shrub for shade)

Common Plant Names	Virginia Sweetspire
Plant Botanical Name	Itea virginica
Specie Cultivars	Henry's Garnet, Little Henry

Common Plant Names	Crape Myrtle
Plant Botanical Name	Lagerstroemia
Specie Cultivars	Zuni, Sioux, Acoma.

Common Plant Names	Narrow Leaf Buckthorn
Plant Botanical Name	Rhamnus frangula
Specie Cultivars

Common Plant Names	Dwarf Korean Lilac
Plant Botanical Name	Syringa meyeri
Specie Cultivars	Palibin

Common Plant Names	Miss Kim Lilac
Plant Botanical Name	Syringa patula
Specie Cultivars

Common Plant Names	Fragrant Viburnum
Plant Botanical Name	Viburnum juddii
Specie Cultivars

Common Plant Names	Winterthur Viburnum
Plant Botanical Name	Viburnum nudum
Specie Cultivars

Common Plant Names	Allegheny Viburnum
Plant Botanical Name	Viburnum rhytidophylloides
Specie Cultivars	Allegheny

Common Plant Names	Weigela
Plant Botanical Name	Weigela florida
Specie Cultivars	Wine and Roses

Common Plant Names	Shrub Rose
Plant Botanical Name	Rosa
Specie Cultivars	Knock Out Series

PLANT LIST E EVERGREEN SHRUBS

These perennial woody plants grow at least 3 feet in height, are tolerant in zones 5 -6 and are evergreen.

Common Plant Names	Anglojap Yew
Plant Botanical Name	Taxus x media
Specie Cultivars	Brownii
	Densiformis, Hicksii, Wardii

Common Plant Names	Blue Holly
Plant Botanical Name	Ilex x meserveae
Specie Cultivars	Blue Angel, Blue Prince, Blue Princess, Blue Maid, Blue Stallion, China Girl, China Boy

Common Plant Names	Chinese Juniper
Plant Botanical Name	Juniperus chinensis
Specie Cultivars	Hetzii, Keteleeri, Mint Julep, Robusta Green

Common Plant Names	Japanese Holly
Plant Botanical Name	Ilex crenata
Specie Cultivars	Microphylla, Rotundifolia

Common Plant Names	Japanese Yew
Plant Botanical Name	Taxus cuspidata
Specie Cultivars	Capitata, Intermedia, Nana

Common Plant Names	Korean Boxwood
Plant Botanical Name	Buxus microphylla koreana
Specie Cultivars	Winter Gem, WinterGreen, Green Velvet, Green Mountain

Common Plant Names	Leatherleaf Viburnum
Plant Botanical Name	Viburnum rhytidophyllum
Specie Cultivars

Common Plant Names	Spreading Yew
Plant Botanical Name	Taxus x media
Specie Cultivars

Common Plant Names	Inkberry Holly
Plant Botanical Name	Ilex glabra
Specie Cultivars	Densa

Common Plant Names	Blue Star Juniper
Plant Botanical Name	Juniperus squamata
Specie Cultivars	Blue Star

Common Plant Names	Azalea
Plant Botanical Name
Specie Cultivars	Girard Series, including Crimson, Hot Shot, Pleasant White and others.

Loveland City Zoning Code

TITLE FIVE

Supplemental Zoning Standards

CHAPTER 1174 Table of Permitted Signs

	ZONING DISTRICTS
	Resident- ial Low- Density	Resident- ial- Medium Density	Resident- ial- Multi- Family	Historic1	Office- Resident- ial	Business- Retail	Business Corridor	Corporate Campus District	Light Industrial	Agricul- tural District1	Scenic Water- ways Active1	Scenic Water- ways Passive1
	R-LD	R-MD	R-MF	H	O-R	B-R	B-C	CCD	L-I	A	S-WA	S-WP
Directional Signs
Permitted Number (per driveway)						2	2		2	P & Z	P & Z	P & Z
Max Height (in feet)				3	3	3	3	3	3	P & Z	P & Z	P & Z
Max Area (in sq. feet)				3	3	3	3	3	3	P & Z	P & Z	P & Z
Pole Standing Signs
Permitted Number (per lot)							12		12
Max Height (in feet)							20		10
Max Area (sq. feet per lineal foot of frontage)							1		1
Max Area (in sq. feet)							125		82
Ground Mounted Signs
Permitted Number (per lot)	1	1	1	12	12	12	12	12	12	P & Z	P & Z	P & Z
Max Height (in feet)	5	5	5	5	6	10	10	6	10	5	5	5
Max Area (sq. feet per lineal foot of frontage)	N/A	N/A	N/A	1	0.5	1	1	0.5	1	N/A	N/A	N/A
Max Area (in sq. feet)	20	20	20	64	16	82	82	16	82	10	10	10

ZONING DISTRICTS

Resident- ial Low- Density

Resident- ial- Medium Density

Resident

ial- Multi- Family

Historic1

Office- Resident- ial

Business- Retail

Business Corridor

Corporate Campus District

Light Industrial

Agricul- tural District1

Scenic Water- ways Active1

Scenic Water- ways Passive1

R-LD

R-MD

R-MF

O-R

B-R

B-C

CCD

L-I

S-WA

S-WP

Portable Sandwich Signs

Permitted Number (per business)

Max Height (in feet)

Max Area (in sq. feet) per Display Face (maximum of two sign faces)

Min. distance between portable sandwich signs (in feet) for multi- tenant buildings

Projecting Signs

Permitted Number (per lot)

Max Height (in feet) above Sidewalk / Driveway

8 / 15

Max Area (in sq. feet)

Subdivision Signs

Permitted Number (per subdivision)

Max Height (in feet)

Max Area (in sq. feet)

	ZONING DISTRICTS
	Resident- ial Low- Density	Resident- ial- Medium Density	Resident- ial- Multi- Family	Historic1	Office- Residen- ial	Business- Retail	Business Corridor	Corporate Campus District	Light Industrial	Agricul- tural District1	Scenic Water- ways Active1	Scenic Water- ways Passive1
	R-LD	R-MD	R-MF	H	O-R	B-R	B-C	CCD	L-I	A	S-WA	S-WP
Temporary Commercial
Permitted Number (per lot)				1	1	1	1	1	1	1
Max Height (in feet)				5	6	6	6	6	6	6
Max Area (in sq. feet)				6	6	10	10	6	10	10
Temporary Non-Commercial
Permitted Number (per lot)	1	1	1	1	1	1	1	1	1
Max Height (in feet)	5	5	5	5	6	6	6	6	6
Max Area (in sq. feet)	6	6	6	6	6	10	10	6	10
Wall signs
Permitted Number (per building occupant)	1	1	1	13	13	13	13	13	13
Max Area (sq. feet per lineal foot of frontage)	N/A	N/A	N/A	1	0.5	1	1	0.5	1
Max Area (in sq. feet)	2	2	2	64	16	64	64	16	N/A
1. All signs located in this district shall be constructed of wood unless approved by the Planning and Zoning Commission, except sandwich board signs per Section 1173.13B4. 2. Each permitted use may erect and maintain one pole standing sign OR one ground mounted sign. Each structure containing multiple occupants shall have a maximum of one ground mounted sign OR one pole standing sign to be used by all occupants. 3. Wall signs shall not project more than 12 inches from the building wall and shall not extend above the wall or beyond the wall to which it is attached. One wall sign shall be permitted for each side of a building, whereby the tenant occupies the space adjoining the external wall. Wall Signs which are adjacent to a residential district or residential use and not a public right of way shall not be externally or internally illuminated.