Macedonia City Zoning Code

TITLE FIVE

Zoning Regulations

1161.01 ESTABLISHED.

The City is hereby divided into four districts as follows:

(a) R Residence District.

(b) B Business District: B-1, B-2, B-3, B-4.

(d) R-P Residential Park District.

(Ord. 41-1962. Passed 7-31-62.)

1161.02 ZONING MAP.

The locations and boundaries of such Districts are shown on the map entitled, "Zoning Map of Macedonia City, Ohio", on file and on display in the office of the Zoning Department in City Hall. This map and all notations, references, data and other information shown thereon, including setback building lines that may be depicted thereon, are hereby incorporated and made a part of the Zoning Ordinance.

(Ord. 41-1962. Passed 7-31-62.)

1161.03 DISTRICT BOUNDARY LINES.

Where boundaries apparently follow lot lines and are not more than ten feet therefrom, the lot lines shall be construed to be such boundaries. Where boundaries apparently follow streets or alleys, the center lines of such streets or alleys shall be construed to be such boundaries. In all other cases, the location of any boundary line, unless indicated by dimensions on such Zoning Map, shall be determined by use of the scale appearing thereon. (Ord. 41-1962. Passed 7-31-62.)

1163.01 INTERPRETATION; CONFLICT.

The following regulations shall apply to all Residence Districts, subject, however, to such of the provisions in Chapters 1135, 1137, 1139, 1171 and 1173 of the Zoning Ordinance as are pertinent to this chapter.

(Ord. 41-1962. Passed 7-31-62.)

1163.02 R-1 RESIDENCE DISTRICT.

(a) Uses Permitted.

(1) Single-family dwellings, playgrounds and publicly owned parks.

(2) The following accessory uses are permitted: home occupations, including residential professional offices, as defined in Section 1133.02(12) and (19) and regulated in Section 1171.17; and roadside stands as defined in Section 1133.02(20).

(3) Churches, schools, public buildings, provided such uses do not substantially depreciate property values in the neighborhood or are not out of harmony with the uses established in the neighborhood, and do not create a public hazard and are in conformity with (a)(1) and (2) hereof. Parking space must be provided for off street parking for all users of such building.

(4) Certain retail stores, restaurants, administrative offices, recreational uses and community facilities, in existing residential structures, may be approved as conditional uses when complying with all the criteria and standards of Section 1171.15 and approved according to the procedures of Section 1137.04.

(Ord. 121-1990. Passed 3-14-91.)

(5) Planned Unit Developments, when approved as a Conditional Use according to Section 1137.04, with such approval confirmed by a majority of Council, and developed in accordance with the standards of Section 1163.05, with the exception that

A. The maximum density shall be two units per acre,

B. Only single-family, two-family and townhouses with a maximum of four units per building shall be permitted, and

C. The maximum density in any single acre shall not exceed six units. (Ord. 3-1989. Passed 7-7-89.)

(b) Area Regulations. Each dwelling or main building shall have a lot measured at the building set back line, of not less than 100 feet in width and not less than eighty feet measured along the front property line.

(Ord. 41-1962. Passed 7-31-62.)

(1) The minimum setback line for any building or structure erected upon a lot shall be 100 feet from the center line of the road or street.

(2) In the case of a corner lot, any building erected on such corner lot shall be set back no less than forty feet from the side street right-of-way line of such corner lot nor less than ten feet from the rear line thereof.

(Ord. 87-1988. Passed 10-27-88.)

(d) Side and Rear Yards. No building or structure shall be placed or erected nearer than ten feet to a side lot line or nearer than five feet to the rear lot line.

(Ord. 41-1962. Passed 7-31-62.)

(e) Minimum Size of Dwelling Units.

(1) Each single-family dwelling shall have minimum floor area, exclusive of basements, breezeways, attics, garages and similar accessory structures. according to the following:

A. 1,350 square feet for a dwelling with a basement; and

B. 1,500 square feet for a dwelling without a basement provided that any dwelling with more than one story shall have a minimum area of 850 square feet for any one of its floors.

(2) In addition to the areas specified in subsection (e)(1) hereof, all dwelling units shall have an additional 150 square feet for each bedroom over three.

(3) All dwellings shall be constructed with an accessory two-car garage which shall have a minimum floor area of 400 square feet.

(4) A basement is:

A. A floor with its elevation more than three feet below the finished grade; or

B. A floor which is less than three feet below finished grade but does not have the minimum window area for the intended use as required by applicable building codes.

(5) All dwelling unit construction established immediately prior to the effective date of Ordinance 42-1982 which conformed to the then existing requirements of this section shall be considered conforming to this section; and such units when damaged shall not be restricted by the present requirements of this section from reconstruction to prior size. (Ord. 11-1983. Passed 2-24-83. )

(f) Minimum Lot Area. The minimum lot area shall be 20,000 square feet.

(Ord. 65-62. Passed 11-20-62.)

(g) Projections into Yards. Except as provided herein, every part of a required yard shall be open and unobstructed from the ground to the sky. No obstruction shall be placed between any setback line and its respective lot line except for the following:

(1) Overhanging eaves and gutters projecting three feet or less;

(2) Belt courses, sills, lintels projecting six inches or less;

(3) Chimneys, porticos, balconies, or bays projecting not more than three feet exclusive of cornices and aggregating a vertical area in any story of not more than thirty-five percent (35%) of the area of the front of that story;

(4) Awnings, canopies and roofs over entrance doorways projecting three feet or less;

(5) Planting boxes with two feet maximum height limit above adjoining grade;

(6) Trees, shrubs, flowers and other plants;

(7) Fences, as regulated by Section 1171.16.

(Ord. 25-1987. Passed 8-13-87.)

(h) Accessory Use Regulations. Accessory uses, buildings, and structures

permitted in this district shall conform to the following standards:

(1) Detached accessory buildings shall be located in a rear yard and shall comply with the side and rear yard requirements for buildings as specified in Section 1163.02(d) Side and Rear Yards.

(2) A maximum of one (1) detached private garage with a maximum area not exceeding 600 square feet shall be permitted on a lot.

(3) A maximum of one (1) other accessory building with a maximum area not exceeding 288 square feet shall be permitted on a lot, except two (2) accessory buildings shall be permitted if the combined square footage does not exceed 288 square feet.

(4) The maximum ground coverage of all accessory buildings shall not exceed ten percent (10%) of the rear yard. The maximum ground coverage for all accessory buildings and structures combined shall not exceed thirty-five percent (35%) of the rear yard. The Planning Commission may approve maximum ground coverage of accessory uses in excess of thirty-five percent (35%) as a conditional use pursuant to Section 1137.04.

(5) Accessory buildings shall be constructed on and permanently fastened to a concrete slab and/or appropriate trench perimeter footings as approved by the Building and Zoning Inspector, not including structures 144 square feet or less.

(6) The maximum height of accessory buildings and structures shall be fifteen feet or the height of the main building, whichever is less and shall not be greater than one story.

(7) A detached accessory private garage shall have a pitched roof with a slope not less than 3:12.

(Ord. 40-2020. Passed 6-11-20.)

(i) Provisions for Large Lots and Unique Sites. Larger accessory buildings pursuant to this section may be approved by the Planning Commission as a Conditional Use according to the procedures, review criteria and public hearing requirements of Sections 1137.04, Conditional Zoning Certificates, under the following conditions:

(1) In a rear yard on:

A. Any lot with a minimum of one acre; or

B. Any lot adjacent to unique features such as non-residential zoning, ravines, retention basins or utility easements where a larger accessory building would have no adverse impact on adjacent property,

when the Planning Commission finds that there would be no adverse impact on the adjacent property provided that no accessory building pursuant to this section shall be approved when the combined area of all accessory buildings exceeds ten percent (10%) of the rear yard.

(2) In a front or side yard on lots of three acres or more provided the accessory building is a minimum of 150 feet from the street and fifty feet from a side lot line.

(Ord. 89-1990. Passed 8-23-90.)

(j) Landscape Requirements. Any portion of a developed lot not used for permitted main and accessory uses shall be landscaped with grass, vegetative ground cover, shrubs and trees in accordance with an overall landscaping plan acceptable to the City. All lawns and landscaping shall be installed no later than twelve months after the final occupancy of the residence.

(Ord. 62-2001. Passed 7-26-01.)

1163.03 R-P DISTRICT.

(a) Uses Permitted.

(1) All uses permitted in the R-1 Residential District shall be permitted in the R-P District.

(2) Picnic areas in which picnic tables, outdoor fireplaces, storm shelters and similar facilities may be erected.

(3) Ponds and lakes for boating, fishing and swimming, when State and County health and safety requirements are met.

(4) Recreation areas in which nonprofessional activities such as baseball, football, tennis, golf, outdoor ice skating, skiing, tobogganing and similar sports may be provided for.

(5) Children's playground equipment such as swings, slides, jungle bars, etc., may also be provided.

(6) Sale of ready to consume food and non-alcoholic beverages to be consumed on the premises;. fishing bait and tackle.

(7) Certain retail stores, restaurants, administrative offices, recreational uses and community facilities, in existing residential structures, may be approved as conditional uses when complying with all the criteria and standards of Section 1171.15 and approved according to the procedures of Section 1137.04.

(8) Planned Unit Developments, when approved as a Conditional Use according to Section 1137.04, with such approval confirmed by a majority of City Council, and developed in accordance with the standards of Section 1163.05, with the exception that:

A. The maximum density shall be two units per acre,

B. Only single-family, two-family and townhouses with a maximum of four units per building shall be permitted, and

C. The maximum density in any single acre shall not exceed six units. (Ord. 3-1989. Passed 7-7-89.)

(b) Area Regulations.

(1) Any dwelling or structure erected within the R P District must comply with the regulations set forth in this chapter.

(2) All recreation areas must be provided with sanitary facilities in accordance with State and County regulations.

(3) All recreation areas and driveways must be adequately enclosed, by a six foot high cyclone wire fence, or its equivalent, to prevent encroachment on neighboring property.

(4) Use of recreation areas after daylight is prohibited unless areas so used are lighted to the satisfaction of Council.

(5) No playing fields may be located within 100 feet of any residence or residential district.

(Ord. 41-1962. Passed 7-31-62.)

1163.04 R-2 RESIDENTIAL DISTRICT.

(a) Uses Permitted.

(1) Single-family dwellings, two-family dwellings, playgrounds and publicly owned parks.

(2) Multi-family dwellings: Upon authorization by the Planning Commission by the issuance of a conditional zoning certificate when all the procedures and requirements stated in Section 1137.04 and the additional requirements stated in subsection (c) hereof can be complied with.

(3) Churches, schools, public buildings, provided such uses do not substantially depreciate property values in the neighborhood, or are not out of harmony with the uses established in the neighborhood, and do not create a public hazard. Parking space must be provided for off-street parking for all users of such buildings.

(5) Home occupations, including residential professional offices, as an accessory use when complying with the criteria and standards of Section 1171.17. (Ord. 121-1990. Passed 3-14-91.)

(b) Two-Family Dwellings.

(1) Minimum lot area. Each two-family dwelling shall have a lot width, measured at the setback line of not less than 150 feet, and not less than 100 feet measured along the front lot line; each two-family dwelling shall have a lot area of not less than 30,000 square feet.

(2) Setback line.

A. The minimum setback line for any two-family dwelling shall be seventy-five feet from the front lot line.

B. In the case of a corner lot, no building or buildings erected on such corner lot shall be set back less than fifty feet from the side street line of such corner lot nor less than forty feet from the rear line thereof.

(3) Side and rear yards. No building or structure shall be placed or erected nearer than twenty feet to a side or rear lot line.

(Ord. 3-1989. Passed 7-7-89.)

(1) Minimum site area. No multiple family development shall be authorized with a gross site area of less than two acres or with a site width less than 150 feet measured at the setback line.

(Ord. 69-1990. Passed 7-19-90.)

(2) Maximum density. The maximum density shall be five units per acre provided further that the maximum density of any one acre within the development shall not exceed twelve units.

(3) Maximum lot coverage. All buildings, including accessory buildings, of a multiple-family dwelling development shall not occupy more than thirty percent (30%) of the net area within property lines of land acquired for immediate development.

(4) Access to multiple-family dwelling. Each dwelling shall be provided with a means of access for the removal of garbage and trash and for deliveries. Access for these services shall be provided at the rear of the dwelling by means of an alley, street, easement or open passage through the dwelling, unless provided for by other means satisfactory to the Planning Commission.

(5) Access to living units. A means of access to each living unit shall be provided without passing through any other living unit. Acceptable means of access to the rear yard shall be provided for each living unit without passing through any other living unit.

(6) Yard and other open space requirements.

A. Between buildings. From front to front, rear to rear, or front to rear, the minimum horizontal distance shall be fifty feet for buildings one story in height. This distance shall be increased by not less than five feet for every story added except where the finished slope of a site between buildings is equal to the height of one or more stories; the increase in horizontal distance may be reduced. The minimum distance between buildings may be decreased at one side by not more than ten feet if the distance on the other side is proportionately increased; or if the buildings are staggered so as to permit free movement of air and allow sunlight to reach the ground. Other modifications may be permitted by the Planning Commission if the planned development is compensated by the other space provisions.

B. Between ends of buildings. The distance shall be not less than twenty-feet when neither building exceeds two stories, twenty- five feet if one or both buildings are three stories. Where the end of one building is opposite the front or rear of another building, the minimum distance shall be thirty feet if one or both buildings are one story, thirty-five feet if one or both buildings are two stories, forty feet if one or both buildings are three stories.

C. Closed courts. No courts completely enclosed by building structure shall be permitted; however, screen walls not exceeding six feet in height are permitted to enclose what would otherwise be an open court. All dimensional requirements for open courts shall apply to such enclosed courts.

D. Open courts. The width of any outer court upon which windows from a living room, bedroom, or dining room open shall be not less than the height of the highest opposing wall forming the court. The depth of an open court formed by walls on three sides, shall be not greater than one and one-half times the width. The width of any other outer or open court shall be not less than two- thirds the height of the highest opposing wall forming such court, and the depth shall be not greater than one and one-half times the width.

E. Yard facing street. The yard shall not be less than twenty-five feet for one and two story buildings, thirty feet for three story buildings.

F. Side yards. Side yards shall be not less than one-half the height of the building nearest the side property line, but shall be not less than twenty feet in any case.

G. Rear yard. A rear yard shall be not less than forty feet.

H. Other dimensions. No entrance to a dwelling unit in a multiple- family dwelling development shall be closer to any street or access road than twenty-five feet; or shall be farther from a street or access road than 150 feet.

I. For properties having only a few living units. Suitable play space and facilities, such as sand boxes, and benches in appropriate locations with or without enclosures, shall be provided as required by the Planning Commission.

J. For properties having a large number of living units. There shall generally be provided enclosed children's playgrounds which are easily accessible from the living units without encountering traffic hazards; located in rear areas, at ends of buildings, or in other locations where they will not impair views from or use of the living unit; and, provided with durable equipment of proper sizes for both pre-school and school children. Equipment arrangement and types shall be subject to the approval of the Planning Commission.

(7) Maximum building height. Three stories, but not exceeding forty feet shall be the maximum building height. No space below grade level shall be used for dwelling purposes except as follows:

A. When the finished floor grade of the space below grade level is no more than four feet below finished outside ground level at any point on the periphery of that part of the structure enclosing the below grade dwelling space.

B. On sloping sites when the finished floor grade of the space below grade level is above finished outside ground level for at least the length of one wall. In the same instance, such dwelling space shall have either adequate through or cross ventilation.

(8) Screening. When any multiple-family dwelling is erected on a lot whose side line or rear line adjoins a zoned district other than R-2, such side line or rear line shall be screened to a minimum height of six feet by a hedge, planting or other screening as may be determined by the Planning Commission.

(d) Minimum Unit Sizes. Each dwelling unit shall have minimum floor areas according to the following:

(1) Single-family dwelling with basement - 1,350 square feet.

(2) Single-family dwelling without basement - 1,500 square feet.

(3) Any single-family dwelling with more than one story shall have a minimum area of 850 square feet for any one of its floors.

(4) Two-family dwelling - 1,200 square feet.

(5) Townhouse - 1,200 square feet.

(6) One-bedroom garden apartment unit - 800 square feet.

(7) Two-bedroom garden apartment unit - 900 square feet.

(8) Three-bedroom garden apartment unit - 1,000 square feet.

(9) In addition to the areas specified, all dwelling units shall have an additional 150 square feet for each bedroom over three.

(10) Minimum floor areas shall be exclusive of basements, breezeways, attics, garages and similar accessory structures.

(Ord. 3-1989. Passed 7-7-89.)

1163.05 PLANNED UNIT DEVELOPMENT DISTRICT.

(a) Purpose.

(1) It is desirable that a zoning district be established which will permit the application of modern planning techniques in the development of residential areas; provide for a variety of housing types; promote the clustering of detached and attached single family dwellings; establish suitable recreational uses within or adjacent to such residential areas; preserve unique site features and natural amenities; and assure that, through the benefit of preplanning, proper design is achieved through the acceptance of a development plan at the time the property is rezoned.

(2) In determining whether or not to establish a Planned Unit Development District, and in reviewing the application and the development plans for such a district, the Planning Commission and Council shall take into consideration the effect the district and its development will have on property in the vicinity, population density, open space, traffic volumes and patterns, the availability and provision of essential services, (particularly water and sewage disposal), the need for adequate open space topography, unique natural features of the site, and the general health, safety and welfare of the community and the residents thereof. (Ord. 3-1989. Passed 7-7-89.)

(b) Uses Permitted.

(1) Planned Unit Developments permitting any of the following residential uses when complying with the regulations herein: single-family dwellings, two-family dwellings, attached single-family dwellings, community and recreational facilities, and open space.

(2) Standard single-family subdivision when developed according to the regulations of Section 1163.02.

(3) The following conditional uses, when approved according to Section 1137.04:

A. Public and parochial schools.

B. Churches.

C. Public utilities.

(4) Home occupations, including residential professional offices, as an accessory use when complying with the criteria and standards of Section 1171.17. (Ord. 121-1990. Passed 3-14-91.)

(c) Minimum Site Area. The minimum site area for a Planned Unit Development shall not be less than twenty-five contiguous acres. Land on the opposite sides of an existing dedicated road may be considered as contiguous; however, the land within the right of way of such road shall not be considered in the land area of the P.U.D.

(d) Maximum Density. The maximum density shall be five units per acre provided further that the maximum density of any one acre within the development shall not exceed twelve units. For the purposes of this section, an acre shall be approximately a square in shape with approximately 210 feet per side. Total number of units permitted shall be calculated by multiplying the total land area, exclusive of existing public streets at the time the plan is submitted, by the maximum density allowable per acre.

(e) Open Space Requirements. A minimum of twenty percent (20%) of the development site shall be devoted to outdoor recreation open space, or preserved in its natural state.

(1) The open space shall be designated on the site plan for the project.

(2) The open space shall be located and be of such size and shape to serve the intended purpose and be accessible and convenient to the residents.

(3) The open space shall not include parking lots or access drives, or the minimum space between buildings, space between parking and building, space between parking and property lines, minimum spacing between property lines and buildings, or any other such land fragments unless the Planning Commission and Council, upon approving the Development Plan, determines that these spaces meet the open space objectives of this section, and should thus be considered as satisfying part of the minimum open space requirement.

(f) Minimum Unit Sizes. Each dwelling unit in a planned development shall have minimum floor areas according to the following:

(1) Single-family dwelling with basement - 1,350 square feet.

(2) Single family dwelling without basement - 1,500 square feet.

(3) Any single family dwelling with more than one story shall have a minimum area of 850 square feet for any one of its floors.

(4) Attached single family or townhouse - 1,200 square feet.

(5) In addition to the areas specified, all dwelling units shall have an additional 150 square feet for each bedroom over three.

(6) Minimum floor areas shall be exclusive of basements, breezeways, attics, garages and similar accessory structures.

(g) Building Arrangement and Spacing. In order to further assure that a Planned Unit Development preserves the site's natural features, is consistent with the low density residential environment of Macedonia, and maintains individual privacy, a Planned Unit Development shall comply with the following:

(1) A maximum of eight units shall be attached or contained in a single building provided further that a lesser number of units per building may be approved if the Planning Commission determines that the design as proposed is inconsistent with the purposes of this section, does not enhance individual unit privacy or identity, and is inconsistent with the overall project design.

(2) The minimum space between buildings shall be thirty feet.

(3) The arrangement of units within each building or between buildings shall maximize the privacy of each unit by providing screening walls and private yards, where appropriate.

(4) Setback lines. The minimum setback lines for all dwelling units shall be seventy feet from an existing public street right-of-way line. For newly constructed public streets within the planned development, the setback line shall be approved with the development plan.

(5) Side and rear yards. No dwelling unit or accessory buildings shall be less than:

A. Twenty feet from a property line adjacent to a nonresidential zoning district, a P.U.D. district, an interstate highway, or utility corridor, provided that the required setback shall be increased by one foot for every foot of wall length along the adjacent property line exceeding thirty feet in length, provided that in no event shall the required setback exceed ninety feet, and

B. Ninety feet from a property line adjacent to any residential (R-1) district.

(h) Street and Parking Construction.

(1) Private streets may be approved as part of the general development plan when:

A. Specifically designed and intended for local access and primarily to serve the residents of the proposed development;

B. The roadway, curbs, sidewalks and other related street facilities are designed and constructed in compliance with the applicable regulations of Sections 1117.01, 1117.02 and Chapter 1121 of the Macedonia Subdivision Regulations.

(2) When approving the development plan, the Planning Commission and Council may waive the requirement that curbs and sidewalks be provided when the Commission and Council determine that adequate alternative means for drainage and pedestrian movements are provided in the project. If a curb is not provided, the edge of the pavement shall be grassed, seeded and well maintained and the storm drainage system shall be adequately designed to prohibit standing water, except in approved locations, and to avoid run-off in open ditches.

(3) All parking, circulation and loading service areas shall be hard-surfaced bituminous concrete, concrete or similar material, free from dust.

(4) Garbage and trash receptacles must be enclosed with the enclosure designed and located to blend with the architecture and character of the project.

(i) General Development Plan.

(1) At the time a Planned Unit Development District is established, a development plan for the property to be rezoned shall have been filed by the owner (or owners) of the land to be rezoned, and approved by the Planning Commission and Council. The development plan shall be approved concurrently with the rezoning of the land. Such development plan may be set forth on one or more maps, or in one or more instruments, and shall have been drawn to scale, signed by all the land owners, and shall have been prepared by an architect, engineer or land planner authorized to practice in the State, and shall show the following: A. The boundaries of the district and total land area.

B. The topography of the district.

C. The proposed circulation system.

D. The location and arrangement of all dwelling units, whether single family, two family, attached or apartments, including the unit size, spacing between buildings, spacing between buildings and parking, private yards, garages, screening walls.

E. Preliminary architectural drawings including floor plans, elevations and exterior building materials.

F. The area to be preserved as open space and a general landscaping plan.

G. Descriptive data as to the methods to be employed to preserve and maintain the open space.

H. Accessory community facilities and recreational uses with related parking if required.

I. A table summarizing the total number of dwelling units and density. If appropriate, the table should indicate dwelling units and density for sub-areas of the project.

J. Location of proposed parking lots.

K. Layout and descriptive data, as necessary, to explain how sewer, water and similar utilities will be provided with in the district.

L. Anticipated development phasing, including construction of open space, community or recreational facilities in reasonable proportion to the development of the residential units.

(2) Prior to Planning Commission approval of the general development plan, or amendments thereto, the proposed plan shall be referred to the City Engineer, Police Chief and Fire Chief who, respectively, shall review the plans and submit a written report to the Planning Commission which indicates whether the plans cannot or should not be constructed in substantial conformity to the plans as proposed. These reports shall be transmitted with the approved plan for consideration by Council.

(3) Upon rezoning final development plans for each phase of construction shall be submitted to and approved by the Planning Commission according to Section 1137.05. No building or other structure shall be constructed within a Planned Unit Development District until the Zoning Inspector has issued a zoning certificate approving the construction plan for such building when the Zoning Inspector finds that final plans have been approved by the Planning Commission, the proposed construction is substantially in accordance with the approved development plan and the site construction plans have been approved by the City Engineer, the Fire Chief and Police Chief have recommended the Plan for approval, and the owner has satisfied all the requirements of this section.

(4) Such development plan shall be binding upon the property until amended. In the development of a Planned Unit Development, it is recognized that flexibility is desirable and that, from time to time, amendments to the development plan may be appropriate. Accordingly, if at any time the owner or owners shall determine that an amendment is appropriate, an application for an amendment to the plan may be filed with the Planning Commission. Amendments shall be approved by the Planning Commission in accordance with procedures for conditional uses in Section 1137.04 provided that such amendment is confirmed by a resolution of Council.

(Ord. 3-1989. Passed 7-7-89.)

1163.06 R-SC SENIOR CITIZEN RESIDENTIAL DISTRICT.

(a) Purpose. This District is established to recognize the unique housing needs of elderly persons, and to enable elderly persons to obtain suitable, safe, sanitary and decent housing and related facilities which are designed to meet their special needs. Such facilities should be located where supporting facilities such as public transportation, retail stores and community facilities and activities are most available. This district establishes regulations which further recognize the unique needs of senior citizens with respect to: the location of buildings, the design of dwellings, the relationship of such buildings to one another and the housing needs of senior citizens that may not be satisfactorily accommodated through conventional residential zoning regulations.

(b) Uses Permitted.

(1) Senior citizen residence development designed specifically as independent living units (as defined in subsection (b)(5) herein), which may include cluster dwelling units or multiple family dwellings.

(2) Standard single-family subdivision when developed according to the regulations of Section 1163.02.

(3) The following conditional uses, when approved according to Section 1137.04:

A. Long-term care units and nursing home units;

B. Congregate living, assisted living and handicapped units, with associated common residential areas such as dining halls, lounges, libraries and passive or active recreation areas for residents, regardless of independence level of residents.

C. Health facilities designed to meet the special needs of elderly residents, such as physical therapy offices, urgent care centers and pharmacies; and

D. Supporting retail services when:

1. Located within the project’s primary building;

2. Not exceeding twenty percent (20%) of the first floor area or 2000 sq. ft., whichever is less; and

3. Having no exterior identification or advertising signs.

(4) Accessory uses which are incident to a permitted main use provided they are planned and developed integrally with the main building(s), and will have no injurious effects on adjoining districts, including but not limited to:

A. Off-street parking as regulated in Section 1171.11;

B. Signs as regulated in Section 1171.10; and

C. Home occupations.
(Ord. 112-1999. Passed 11-30-99.)

(5) For the purposes of this district, each independent living unit in a senior citizen residence development shall be restricted to occupancy by at least one person 55 years of age or older. Prior to a building permit being issued for independent living units, the developer shall submit sufficient evidence or documentation to satisfy the Mayor that occupancy will be restricted to senior citizens. Such evidence may include: tenant leases, operating leases or agreements, management agreements, lender agreements or conditions, or similar documentation. The Mayor shall submit such evidence to Council which shall, by majority vote, confirm the Mayor’s determination that such development will be perpetually occupied by senior citizens.
(Ord. 17-2006. Passed 4-13-06.)

(c) Minimum Site Area. No senior citizen residence development shall be authorized with a gross site area less than two acres.

(d) Maximum Lot Coverage. All buildings, including conditional and accessory buildings, of a senior citizen residence development shall not occupy more than thirty percent (30%) of the site area.

(e) Maximum Density.

(1) For independent living units permitted pursuant to Section 1163.06(b)(1), the maximum density shall be twelve units per acre.

(2) For congregate living facilities, long-term care facilities and similar uses conditionally permitted pursuant to Section 1163.06(b)(3), the maximum gross floor area for all floors in the project shall not exceed thirty percent (30%) of the gross site area.

(f) Building Arrangement and Spacing. In order to assure that a senior citizen residence development is consistent with the existing residential environment of Macedonia, such development shall comply with the following:

(1) Building setback: The minimum setback for all buildings shall be seventy (70) feet from an existing public street right-of-way line.

(2) Side and rear yards: No building shall be less than twenty (20) feet from a side and rear lot line. When the adjacent property is in a residential zoning district, the required side and rear yard depth shall be ninety (90) feet.

(g) Maximum Building Height. The maximum building height shall be thirty-five (35) feet.

(h) Minimum Unit Sizes. The minimum floor area of independent living dwellings which have no congregate or common facilities shall be as indicated:

Dwelling Unit Type Minimum Floor Area (sq. ft.)

One-bedroom unit 650

Two-bedroom unit 800

Three-bedroom unit 900

Smaller units may be considered when congregate or common facilities are provided and when the Planning Commission determines that such supporting congregate or common facilities justify a reduction in the unit sizes.

(i) Screening. When any senior citizen residence facility is erected on a lot whose side lot line or rear lot line adjoins a residential district, such side lot line or rear lot line shall be screened to a minimum height of six (6) feet by a hedge, planting or other screening as may be determined by the Planning Commission.

(j) Planning Commission Review Procedures. All construction for permitted or conditional uses in the R-SC District whether new construction, expansion of existing building(s), or renovations to site conditions or characteristics, shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 112-1999. Passed 11-30-99.)

1167.01 INTERPRETATION; SCOPE.

The following regulations shall apply to all Business Districts subject however, to such of the other provisions of the Zoning Ordinance as are pertinent to this chapter.

(Ord. 30-82. Passed 6-10-82.)

1167.02 B-1 CONVENIENCE BUSINESS DISTRICT.

(a) Purpose. This District is established to provide for uses principally to accommodate the sale of convenience retail goods and personal services purchased frequently for daily and weekly needs serving the residents of the Municipality. It is intended that this District will encourage the development of small businesses in wholly enclosed buildings, except under certain conditions pertaining to outdoor display, and be located in a unified manner providing a pedestrian environment.

(b) Permitted Uses. Permitted uses when wholly in enclosed buildings include:

(1) Art, photo, stationery, notion, toy and gift sales and antique shops;

(2) Banks;

(3) Barber and beauty shops;

(4) Clothing, apparel and variety stores;

(5) Drug store;

(6) Dry cleaning and laundry agency providing counter outlet only and nonexplosive and non-flammable solvents are used;

(7) Florist shop and gift shop;

(8) Food sales including supermarkets;

(9) Hardware store including the sale of paint, wallpaper and household and garden supplies;

(10) Retail bakery, delicatessen, meat market which prepares and processes food and drink to be retailed on premises;

(11) Restaurant, ice cream parlor, soda fountain, tavern but excluding drive- ins;

(12) Self-service laundries;

(13) Shoe repair shop;

(14) Sporting goods;

(15) Tailor and dressmaker;

(16) Television and radio repair shops; and

(17) Uses not listed herein and which are comparable in character to those types listed may be permitted by the Planning Commission.

(c) Conditionally Permitted Uses. The Planning Commission may issue conditional zoning certificates for uses listed herein subject to the procedures of Section 1137.04, the review criteria of Section 1137.05(d), applicable supplementary regulations in Chapter 1171 and architectural design standards of Chapter 1172.

(1) Bank drive-ins;

(2) Club, lodge and fraternal organizations;

(3) Communication facilities;

(4) Post office, police and fire stations, schools;

(5) Professional, medical and administrative offices;

(6) Public garages, automobile repair shops, gasoline service stations, car wash;

(7) Public utility rights of way and appurtenant structures; and

(8) Outdoor displays, subject to the standards and criteria of Section 1167.07. (Ord. 65-1999. Passed 10-14-99.)

(9) Senior Citizen Residential Facilities, subject to the criteria and standards of Section 1167.07. (Ord. 112-1999. Passed 11-30-99.)

(d) Accessory Uses.

(1) Off-street parking spaces, entrances and exits as regulated in Accessory Uses of Section 1167.06;

(2) Signs as regulated in Section 1171.10;

(3) Any accessory use which is incidental to a permitted main use shall be permitted provided it is planned and developed integrally with the main building, and with adjacent buildings and that it has no injurious effects on adjoining districts.

(Ord. 30-1982. Passed 6-10-82.)

(e) Setback Lines. The setback line for any building or structure erected shall be a minimum of thirty-five feet from the public right of way.

(f) Side and Rear Yards.

(1) Every building or structure intended for business use, shall have a rear and side yard each of which shall have a width of at least ten feet from the rear and side lot lines except when adjacent to an R district the width shall be ninety feet from the lot line adjacent to the R district; provided that the building and site arrangement also comply with the requirement of Section 1167.06.

(2) In the case of a corner lot, no building or structure intended for business use erected on such corner lot shall be set back less than thirty-five feet from the side street line of such corner lot nor less than thirty-five feet from the rear line thereof.

(3) When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear-yard setback may be reduced when a development plan for all parcels in the Joint Development is approved by the Planning Commission as a Conditional Use in accordance with the procedures of Section 1137.04. A zero setback may be considered in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction on the arrangement of the buildings, parking, site access and circulation, landscaping, property maintenance and the overall quality and marketability of the proposed development. To consider a parcel of land in a Joint Development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the Joint Development. (Ord. 10-1987. Passed 4-23-87.)

(g) Height of Building. No building shall be erected in the B-1 Convenience Business District to a height in excess of four stories or in excess of forty-five feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-1 Convenience Business District to a height in excess of three stories or in excess of thirty-five feet measured from the natural grade at the building line to the highest point on the roof, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney stage tower, scenery loft, or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission. (Ord. 44-2017. Passed 7-31-17.)

(h) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.

(i) Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-1 District whether new construction, expansion of existing building or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 30-1982. Passed 6-10-82.)

(j) Minimum Lot Size. The minimum lot area shall be 20,000 square feet, and each lot shall he a minimum of 100 feet in width when measured at the setback line.

(Ord. 13-1985. Passed 3-28-85.)

1167.03 B-2 COMMUNITY SHOPPING DISTRICT.

(a) Purpose. This District is created to provide shopping areas serving the Municipality and neighboring communities in locations, convenient to residential areas, where many small businesses are concentrated thereby offering a variety of convenience and comparison shopping facilities, and such similar community-wide facilities in an efficient and well designed center. The several retail facilities shall be located adjacent to each other with convenient pedestrian access provided among the uses.

(b) Permitted Uses.

(1) Permitted retail uses when wholly in enclosed buildings include:

A. All uses permitted in the B-1 Convenience Business District;

B. Automotive parts dealer;

C. Department store;

D. Heating, plumbing, electrical equipment dealer; and

E. Retail sales and repair of furniture, appliances and other major household articles.

(2) Development on a single parcel or in combination with adjacent parcels shall result in several retail businesses. Any single large facility that dominates a parcel or parcels, in the Zoning District to the exclusion of achieving the primary objective of this District, which is to provide a variety of goods and services in several businesses, shall be prohibited.

(3) Off-street public parking lot and garage.

(c) Conditionally Permitted Uses. The Planning Commission may issue Conditional Zoning Certificates for uses listed herein subject to the procedures of Section 1137.04, the review criteria of Section 1137.05(d), applicable supplementary regulations in Chapter 1171 and architectural design standards of Chapter 1172.

(1) Club, lodge and fraternal organizations;

(2) Communication facilities;

(3) Drive-in banks;

(4) Drive-in eating establishments;

(5) Public garages, automobile repair shops, gasoline service stations, car wash;

(6) Motion picture theaters, bowling alleys, but excluding drive-in theaters;

(7) Outdoor displays subject to the standards and criteria of Section 1167.07;

(8) Passenger transportation agency and terminal;

(9) Post office, police and fire stations, schools;

(10) Professional, medical and administrative offices;

(11) Public utility rights of way and appurtenant structures;

(12) Funeral homes. (Ord. 65-1999. Passed 10-14-99.)

(13) Senior Citizen Residential Facilities, subject to the criteria and standards of Section 1167.07. (Ord. 112-1999. Passed 11-30-99.)

(d) Accessory Uses.

(1) Off-street parking, entrances and exits as regulated in Section 1167.06;

(2) Signs as regulated in Section 1171.10;

(Ord. 30-82. Passed 6-10-82.)

(e) Setback Lines. The setback line for any building or structure erected shall be a minimum of 100 feet from any public right of way existing as of January 1, 1985, and shall be a minimum of fifty feet from any new public right of way established after January 1, 1985.

(f) Side and Rear Yards.

(1) Every building or structure intended for business use shall have a rear and side yard, each of which shall have a width of at least twenty-five feet from the rear and side lot lines except when adjacent to an R district the width shall be ninety feet from the lot line adjacent to the R district; provided that the building and site arrangement complies with the requirements of Section 1171.11(e).

(2) When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear-yard setback may be reduced when a development plan for all parcels in the Joint Development is approved by the Planning Commission as a Conditional Use in accordance with the procedures of Section 1137.04. A zero setback may be considered in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction of the arrangement of the buildings, parking, site access and circulation, landscaping, property maintenance, and the overall quality and marketability of the proposed development. To consider a parcel of land in a Joint Development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the Joint Development. (Ord. 27-1985. Passed 6-27-85.)

(g) Height of Building. No building shall be erected in the B-2 Community Shopping District to a height in excess of four stories or in excess of forty-five feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-2 Community Shopping District to a height in excess of three stories or in excess of thirty-five feet measured from the natural grade at the building line, to the highest point on the roof, excluding gables of no more than 10 feet in height, except that these provisions shall not apply to the height of a clock tower, wireless towers, chimney stage tower, scenery loft or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission.

(Ord. 67-2017. Passed 9-14-17.)

(i) Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-2 District whether new construction, expansion of existing building or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 30-1982. Passed 6-10-82. )

(j) Minimum Lot Size. The minimum lot area shall be 30,000 square feet, and each lot shall be a minimum of 150 feet in width when measured at the setback line.

(Ord. 27-1985. Passed 6-27-85.)

1167.04 B-3 GENERAL BUSINESS DISTRICT.

(a) Purpose. This District is established to provide for a major shopping area permitting outdoor storage, a well located and designed office building site to accommodate professional offices, sales offices, nonprofit organizations and a variety of retail businesses on major streets away from residences. This District includes activities which because of their nature, tend to have large volume of traffic and large parking requirements as well as attracting business from a large surrounding area.

(b) Permitted Uses.

(1) Uses permitted in the B-2 Community Shopping District;

(2) Automobile sales, new and used cars;

(3) Car wash;

(4) Club, lodge and fraternal organizations;

(5) Communication facilities;

(6) Drive-in banks;

(7) Motion picture theaters, bowling alleys, but excluding drive-in theaters;

(8) Post offices, police and fire stations, schools, service garages, hospitals;

(9) Professional, medical and administrative offices;

(10) Drive-in eating establishments;

(11) Public utility buildings and structures and equipment;

(12) Buildings or structures for growing agricultural products on the premises and for the selling of such products so grown on the premises; and

(13) Funeral homes.

(c) Conditionally Permitted Uses. The Planning Commission may issue conditional zoning certificates for uses listed herein subject to procedures of Section 1137.04, the review criteria of Section 1137.05(d), applicable supplementary regulations in Chapter 1171 and architectural design standards of Chapter 1172.

(1) Passenger transportation agency and terminal;

(2) Public garages, automobile repair shops, gasoline service stations;

(3) Public utility rights of way and appurtenant structures;

(4) Recreational facilities;

(5) Hotels and motels; and

(6) Outdoor displays and outdoor storage, subject to the standards and criteria of Section 1167.07. (Ord. 65-1999. Passed 10-14-99.)

(7) Senior Citizen Residential Facilities, subject to the criterial and standards of Section 1167.07. (Ord. 112-1999. Passed 11-30-99.)

(d) Accessory Uses.

(1) Off-street parking spaces, entrances and exits as regulated in Section 1167.06;

(2) Signs as regulated in Section 1171.10;

(Ord. 30-1982. Passed 6-10-82.)

(e) Setback Lines. The setback line for any building or structure erected shall be a minimum of 100 feet from any public right of way existing as of January 1, 1985 and shall be a minimum of fifty feet from any new public right of way established after January 1, 1985.

(f) Side and Rear Yards.

(2) When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear-yard setback may be reduced when a development plan for all parcels in the Joint Development is approved by the Planning Commission as a Conditional Use in accordance with the procedures of Section 1137.04. A zero setback may be considered in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction on the arrangement of the buildings, parking, site access and circulation, landscaping, property maintenance, and the overall quality and marketability of the proposed development. To consider a parcel of land in a Joint Development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the Joint Development.

(Ord. 27-1985. Passed 6-27-85.)

(g) Height of Building. No building shall be erected in the B-3 General Business District to a height in excess of seven stories or in excess of ninety feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-3 General Business District to a height in excess of six stories or in excess of eighty feet measured from the natural grade at the building line to the highest point on the roof, excluding gables of no more than 10 feet in height, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney, stage tower, scenery loft, or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission. (Ord. 68-2017. Passed 9-14-17.)

(i) Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-3 District whether new construction, expansion of existing building or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 30-1982. Passed 6-10-82.)

(j) Minimum Lot Size. The minimum lot area shall be 30,000 square feet, and each lot shall be a minimum of 150 feet in width when measured at the setback line.

(Ord. 27-1985. Passed 6-27-85.)

1167.05 B-4 HIGHWAY BUSINESS DISTRICT.

(a) Purpose. To provide for commercial establishments oriented primarily to serve the needs of through traffic on Federal and State limited access highways.

(b) Permitted Uses.

(1) Hotels, motels;

(2) Public garages, automobile repair shops, gasoline service stations, car wash; and

(3) Restaurants.

(1) Public utility rights of way and appurtenant structures; and

(2) Outdoor displays, subject to the standards and criteria of Section 1167.07. (Ord. 65-1999. Passed 10-14-99.)

(3) Where a specific use is proposed that is not listed or provided for in the B-4 District, the Planning Commission may make a determination that the proposed use is of the same general character as the uses permitted in the district in which the use is proposed, or is similar to a particular use permitted in the district in which the use is proposed. The additional use must be consistent with the purpose statement for the district and shall not be objectionable as determined by the Commission.

If the Commission determines that a use is substantially similar to a specific use listed in the Code, the substantially similar use may be permitted in the B-2 and B-3 business districts which allow the principal or conditional use that is most similar. The initial determination of a similar use shall be approved in accordance with the conditional use procedures set forth in Section 1137.04, including the requirement for a public hearing. Following such a determination, the similar use shall be considered to be added to the permitted use list for the district, either as a permitted principal use or as a conditional use, as determined by the Planning Commission. (Ord. 20- 2014. Passed 2-13-14.)

(d) Accessory Uses Permitted.

(1) Off-street parking spaces, entrances and exits, as regulated in Section 1167.06;

(2) Signs as regulated in Section 1171.10;

(e) Setback Lines. The setback line for any building or structure erected shall be a minimum of twenty-five feet from the public right of way. There shall be no display of goods within 100 feet of the public right of way.

(f) Side and Rear Yards.

(1) Every building or structure intended for business use shall have a rear and side yard each of which shall have a width of at least twenty-five feet from the rear and side lot lines except when adjacent to an R district the width shall be 200 feet from the lot line adjacent to the R district; provided that the building and site arrangement complies with the requirements of Section 1171.11(e).

(2) When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear-yard setback may be reduced when a development plan for all parcels in the Joint Development is approved by the Planning Commission as a Conditional Use in accordance with the procedures of Section 1137.04. A zero setback may be considered in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction on the arrangement of the buildings, parking, site access and circulation, landscaping, property maintenance, and the overall quality and marketability of the proposed development. To consider a parcel of land in a Joint Development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the Joint Development. (Ord. 27-1985. Passed 6-27-85.)

(g) Height of Building. No building shall be erected in the B-4 Highway Business District to a height in excess of seven stories or in excess of ninety feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-4 District to a height in excess of six stories or in excess of eighty feet measured from the natural grade at the building line to the highest point on the roof, excluding gables of no more than 10 feet in height, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney, stage tower, scenery loft or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission.

(Ord. 69-2017. Passed 9-14-17.)

(i) Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-4 District whether new construction, expansion of existing building or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 30-1982. Passed 6-10-82.)

(j) Minimum Lot Size. The minimum lot area shall be 20,000 square feet, and each lot shall be a minimum of 100 feet in width when measured at the setback line.

(Ord. 27-1985. Passed 6-27-85.)

1167.06 B-O BUSINESS OFFICE DISTRICT.

(a) Purpose. This District is established to provide for areas devoted exclusively to professional, administrative and management offices on parcels not considered appropriate for more intensive commercial uses, in order to: promote and foster the most desirable use of land in the City; provide employment opportunities; and protect adjacent residential areas by regulating the bulk and spacing of office uses, particularly at common boundaries with existing or likely residential areas.

(b) Permitted Uses.

(1) Professional, administrative and business office uses which deliver professional tangible or intangible services or which are engaged in general administration, management, supervision, purchasing and accounting.

(2) Financial establishments.

(c) Conditionally Permitted Uses. The Planning Commission may issue Conditional Zoning Certificates for uses listed herein subject to the general requirements of Chapters 1135, 1137, 1171 and 1173 as may be applicable.

(1) Club, lodge and fraternal organizations;

(2) Drive-in banks;

(3) Post office, police and fire stations, schools;

(4) Public utility rights-of-way and appurtenant structures;

(5) Funeral homes;

(6) Churches;

(7) Public or private schools;

(8) Long term care facilities, including nursing and convalescent homes;

(9) Restaurant, as part of an office building but which shall not exceed twenty-five percent (25%) of the gross floor area of the office building.

(Ord. 70-1990. Passed 9-6-90.)

(10) Senior Citizen Residential Facilities, subject to the criteria and standards of Section 1167.07. (Ord. 112-1999. Passed 11-30-99.)

(d) Accessory Uses.

(1) Off-street parking, entrances and exits as regulated in Section 1171.11;

(2) Signs as regulated in Chapter 1179;

(3) Any accessory use which is incident to a permitted main use shall be permitted provided it is planned and developed integrally with the main building, and with adjacent buildings, and that it has no injurious effects on adjoining districts, except that retail and service uses shall be limited to not more than twenty-five percent (25%) of the ground floor of an office building.

(e) Setback Lines. The setback line for any building or structure erected shall be a minimum of sixty feet from any public right-of-way.

(f) Side and Rear Yards. Every building or structure intended for office use shall have a rear and side yard, each of which shall have a width of at least twenty-five feet from the rear and side lot lines. When adjacent to an R district, the width shall be ninety feet from the lot line adjacent to the R district. In addition, the building, and site arrangement shall comply with the requirements of Section 1171.11(e).

(Ord. 70-1990. Passed 9-6-90.)

(g) Height of Building. No building shall be erected in the B-O Business Office District to a height in excess of four stories or in excess of forty-five feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-O Business Office District to a height in excess of three stories or in excess of thirty-five feet measured from the natural grade at the building line to the highest point on the roof, excluding gables of no more than 10 feet in height, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney, stage tower, scenery loft or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission.

(Ord. 70-2017. Passed 9-14-17.)

(h) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right-of-way of streets, alleys or easements. In no case shall the Planning Commission approve a storage drainage system which involves swales, roadside ditches, etc., as a means of conveying surface drainage from the sites.

(i) Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-O District, whether new construction, expansion of existing or renovations to site conditions or characteristics, shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(j) Minimum Lot Size. The minimum lot area shall be one acre, and each lot shall be a minimum of 150 feet in width when measured at the setback line. The land area occupied by main and accessory buildings shall not exceed thirty percent (30%) of the total area of the parcel being developed. (Ord. 70-1990. Passed 9-6-90.)

1167.07 OUTDOOR STORAGE REGULATIONS.

Outdoor display of merchandise for sale and outdoor storage of goods shall only be permitted in the B1, B2, B3 and B4 districts when a Conditional Zoning Certificate has been obtained and such display or storage is in compliance with the following Sections. With regards to applications made pursuant to this Section only, a public hearing shall not be required prior to the issuance of a Conditional Zoning Certificate unless mandated by the Planning Commission.

(a) General Requirements.

(1) Locations.

A. Areas devoted to outdoor display or outdoor storage shall comply with all building setbacks and yard regulations for the district in which they are located.

B. No outdoor display or storage shall be permitted between the front wall of the principal building and the adjacent street except for temporary displays pursuant to subsection 1167.07(d).

C. All outdoor display and storage areas must be contiguous to the principal building.

D. No outdoor display or storage area shall be permitted to occupy or interfere with required parking areas, public sidewalks or pedestrian access.

(2) Area. The area of the lot devoted to outdoor display or outdoor storage shall not exceed twenty percent (20%) of the ground floor area of the principal building.

(3) Surfacing. Areas devoted to outdoor display and storage shall be paved with asphalt or concrete and free of dust.

(4) Signs. No signs shall be permitted in conjunction with outdoor display or outdoor storage areas except those otherwise in compliance with the sign regulations in Chapter 1179.

(5) Conformance. All outdoor storage and outdoor display existing at the time of adoption of this amendment which are not in compliance with this Section 1167.07 shall conform to the requirements of this Section on or before October 1, 2001, unless such time for a specific use is extended by City Council.

(b) Supplemental Regulations for Outdoor Displays.

(1) Outdoor display and sale of merchandise shall be limited to products which are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display and sale of merchandise by any person operating or conducting a business which is different or distinct from the principal business conducted at that location except for temporary displays pursuant to subsection 1167.07(d).

(2) Outdoor display areas are limited to a side or rear yard except for outdoor dining which may be considered in front of the building.

(3) The outdoor display area must be defined by or contained within an appropriate architectural or decorative demarcation as approved by the Planning Commission. This may include the use of landscaping elements, fencing, walls or other appropriate materials. If building materials are utilized, these materials shall be consistent with the architectural design of the principal structure as approved by the Planning Commission.

(1) Outdoor storage is conditionally permitted in the B-3 District when such materials or products are customarily incidental to the permitted use of the property. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted. The bulk storage of material such as mulch, wood chips, sand, etc. shall be permitted only if the material is effectively prevented from spreading and effectively screened pursuant to this Section.

(2) Areas devoted to outdoor storage shall be located in a rear yard only.

(3) All outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets by walls, fences or landscaping (or these in combination) which achieve a substantially opaque screen from the ground to the height of the material to be stored or eight (8) feet whichever is less. Any landscape plant material which is used shall be planted at such size and spacing to achieve a substantially opaque screen within two (2) years from the time of planting.

(d) Temporary Outdoor Sales and Displays. Permits may be granted for temporary outdoor sales and displays subject to the following:

(1) Up to three days in duration. The Building Commissioner may grant, upon application, a permit for temporary sales or displays when such sales or displays are no more than three (3) days.

(2) Up to forty-five days in duration. A permit for temporary sales or displays between four (4) and forty-five (45) days may be granted but only upon a review of the application by an administrative review committee which shall be comprised of the Service Director, the City Engineer, the Chief of Police and the Mayor.

(3) Any temporary sales or displays which propose a duration greater than forty-five days shall only be approved when a conditional use has been issued pursuant to the procedures in Section 1137.04, except that a public hearing shall not be required unless mandated by the Planning Commission.

(4) No more than two temporary permits shall be granted to the same property within the same calendar year.

(5) Temporary outdoor sales and displays are not subject to the restrictions set forth in Sections 1167.07(a) and 1167.07(b) when it is determined during the review of the application (by the Building Commissioner, administrative review committee, or Planning Commission, as applicable) that the proposed location and scope:

A. Does not create any safety hazards;

B. Does not unreasonably disrupt traffic or parking;

C. Does not disrupt daily operations of the principal business located on the lot; and

D. Does not adversely impact the health, welfare and safety of the community.

(6) Temporary permits pursuant to this subsection may be issued to applicants other than the owner of the property or tenant when such owner or tenant has granted written permission for the proposed activity on the property.

(Ord. 65-1999. Passed 10-14-99.)

1167.08 SENIOR CITIZEN RESIDENTIAL FACILITIES AS A CONDITIONAL USE IN THE B-1, B-2, B-3 AND B-O DISTRICTS.

These regulations are established to guide the development of Senior Citizen Residential Facilities when permitted as a conditional use in the B-1, B-2, B-3 and B-O Districts.

(a) Senior Citizen Residential Facilities may include one or more of the following:

(1) Senior citizen residence development designed specifically as independent living units (as defined in subsection (a)(4) herein), which may include cluster dwelling units or multiple family dwellings.

(2) Long-term care units and nursing home units.

(3) Congregate living, assisted living and handicapped units with associated common residential areas such as dining halls, lounges, libraries and passive or active recreation areas, regardless of independence level of residents.
(Ord. 112-1999. Passed 11-30-99.)

(4) Each independent living unit in a senior citizen residence development shall be restricted to occupancy by at least one person 55 years of age or older.
(Ord. 17-2006. Passed 4-13-06.)

Prior to a building permit being issued for independent living units, the developer shall submit sufficient evidence or documentation to satisfy the Mayor that occupancy will be restricted to senior citizens.

Such evidence may include tenant leases, operating leases or agreements, management agreements, lender agreements or conditions, or similar documentation. The Mayor shall submit such evidence to Council, which shall, by a majority vote, confirm the Mayor’s determination that such development will be perpetually occupied by senior citizens.

(b) Related facilities which may be integrated into Senior Citizen Residential Facilities may include one or more of the following:

(1) Health facilities designed to meet the special needs of elderly residents, such as physical therapy offices, urgent care centers and pharmacies.

(2) Accessory uses which are incident to main uses provided they are planned and developed integrally with the main building(s), and will have no injurious effects on adjoining districts, including but not limited to:

A. Off-street parking as regulated in Section 1171.11;

B. Signs as regulated in Section 1171.10; and

C. Home occupations.

(c) Minimum Site Area. No senior citizen residence development shall be authorized with a gross site area of less than two acres.

(d) Maximum Density.

(1) For independent living units constructed pursuant to Section 1167.07(a)(1), the maximum density shall be twelve (12) units per acre.

(2) There will be no limit on the number of beds per acre for congregate living facilities, long-term care facilities and other similar uses built pursuant to Sections 1167.07(a)(2) - 1167.07(a)(4), provided all other applicable regulations are fully complied with.

(e) Maximum Building Height. The maximum building height shall be thirty-five (35) feet.

(f) Building Setback. The minimum setback for all buildings shall be fifty (50) feet from an existing public street right-of-way line. This setback shall be reduced to thirty (30) feet when parking is restricted to the side and rear yards.

(g) Side and Rear Yards. No building shall be less than twenty (20) feet from a side and rear lot line. When the adjacent property is in a residential zoning district, the required side and rear yard depth shall be ninety (90) feet.

(h) Minimum Unit Sizes. The minimum floor area of independent living units which have no congregate or common facilities shall be as indicated:

Dwelling Unit Type	Minimum Floor Area (sq. ft.)
One-bedroom unit	650
Two-bedroom unit	800
Three-bedroom unit	900

(i) Screening. When any senior citizen residence facility is erected on a lot whose side lot line or rear lot line adjoins a residential district such side lot line or rear lot line shall be screened to a minimum height of six (6) feet by a hedge, planting or other screening as may be determined by the Planning Commission.

(Ord. 112-1999. Passed 11-30-99.)

1169.01 SCOPE AND INTERPRETATION.

The following regulations shall apply to all Industrial Districts subject, however, to such of the provisions of Chapters 1135, 1137, 1139, 1171 and 1173 as are pertinent to this chapter. (Ord. 41-1962. Passed 7-31-62.)

1169.02 PURPOSE.

Industrial District regulations are established in this chapter to provide for manufacturing and related uses and facilities within the City which conform to specific development standards intended to protect the community's residential areas, yet provide for the expansion and continued economic development of such uses. To insure the availability of suitable areas for industrial and related development, unrelated or incompatible uses shall be prohibited in industrial zoning districts. The following regulations including adult use regulations pursuant to Section 1169.05 shall apply to the Industrial Districts. Developments shall also be subject to all other regulations in the Zoning Ordinance which likewise pertain to industrial uses permitted in this chapter.

(Ord. 38-1997. Passed 6-26-97.)

1169.03 L-I LIMITED INDUSTRIAL DISTRICT.

(a) Purpose. The purpose of the L-I Limited Industrial District is to provide for limited manufacturing, storage, distribution and wholesaling facilities. While not compatible with residential or business district uses, uses permitted can conform to high development and performance standards by having all activities and storage, with the exception of off-street parking, carried out in a wholly enclosed building. When activities comply with such standards this district can be satisfactorily located in those suitable industrial areas nearest residential and business zoning districts.

(b) Permitted Uses.

(1) Manufacturing and industrial services which are not detrimental to uses in the residential districts and are not noxious, dangerous or offensive by reason of emission of odor, dust, smoke, gas, noise, flame or vibration;

(2) Distribution facilities;

(3) Storage and warehousing;

(4) Wholesaling outlets;

(5) Repair finishing, and refinishing services;

(6) Intermediate processing such as fabrication, bottling, canning;

(7) Private recreation facilities, including both indoor and outdoor;

(8) Adult uses subject to the regulations pursuant to Section 1169.05.

(Ord. 38-1997. Passed 6-26-97.)

All activities, operations and storage for permitted uses shall be completely carried out in wholly enclosed buildings, except for accessory off-street parking and loading, and trucks or other motor vehicles used in the operation of the business. Any such vehicles parked outside shall be in good working order and repair, be located in compliance with the building setback requirements, and be visually screened from adjacent streets and adjacent residentially zoned land in accordance with subsection (h) hereof.

(1) Retail businesses which:

A. Generally sell a single product line requiring a large floor area for the product or service sold;

B. Are businesses occupying or intending to occupy an existing industrial building;

C. Do not generally need to associate, for marketing purposes, with other retail businesses in a shopping center type environment; and

D. Are determined by the Planning Commission to be compatible with the other uses permitted in this district.

(2) Outdoor displays which are:

A. Located behind the required building setback lines;

B. Of such size and scale to be clearly incidental to the primary operations on the site; and

C. Determined by the Planning Commission to be placed outside for display purposes and not for storage.

(3) Communication facilities.

(4) Public utility rights of way and appurtenant structures.

(5) Post offices, police and fire stations and similar governmental services.

(d) Accessory Uses.

(1) Administrative offices.

(2) Retail sales area.

(3) Cafeteria, restaurants and other types of food services.

(4) Recreational facilities.

(5) Off-street parking for visitors and employees.

(6) Signs.

(Ord. 51-1983. Passed 8-11-83.)

(e) Minimum Lot Size and Frontage. The minimum lot size for new development shall be one acre with a minimum lot frontage, measured at the right-of-way line, of 150 feet; except that the minimum lot frontage on a cul-de-sac shall be 150 feet measured at the building setback line.

(Ord. 2-1989. Passed 3-23-89.)

(f) Building Setback Requirements.

(1) The front setback line for any building or structure shall be a minimum of thirty feet, provided that the minimum front setback shall be seventy feet when:

A. The site is across the street from residentially zoned land; and

B. When the lot is adjacent to, and the industrial building is within 200 feet of, a residentially zoned parcel.

(2) The side and rear setback line for any building or structure shall be a minimum of fifteen feet provided that:

A. A setback is not required when such side or rear property line is adjacent to a railroad right of way; and

B. The minimum side or rear setback shall be fifty feet when the corresponding lot line is contiguous to residentially zoned land; provided further, that such setback shall be increased by one foot for every foot of building length along such property line greater than fifty feet but in no event is the setback required to be more than 150 feet.

(3) The Planning Commission may approve a lesser building setback when the applicant has demonstrated, through unique and sensitive design of the building and site, such as imaginative facade design, abundant landscaping, extensive berming screens, that the purposes of the setback have been achieved and that a reduced setback will, therefore, have no material adverse impact on surrounding properties.

(g) Height of Building. A building shall not be erected to a height greater than thirty-five feet. This limitation shall not apply to roof tanks and other mechanical equipment, water towers, elevator bulk heads, chimneys, antennas, and other appurtenances when necessary for the primary business activity and erected as an integral part of such building.

(h) Additional Requirements, Including Landscaping and Screening.

(1) Motor vehicles used in the operation of the business, to make deliveries, or provide service off the premises, shall only be parked on the site in locations which fully comply with the setback requirements for the principal buildings and shall be situated so as not to be visible from the street or any adjacent residentially zoned land. Any such vehicles which are visible from the adjacent street or residentially zoned land shall be appropriately screened from view by:

A. An opaque fence, which has a maximum open area of fifty percent (50%) in conjunction with appropriate landscape plants adjacent thereto; or

B. Dense all-season landscape planting when the Planning Commission determines that the landscaping plan achieves the same screening objective as a fence.

(2) Loading bays shall only be located on the side of a building facing a public street or adjacent residentially zoned land when they are screened from view, to the satisfaction of the Planning Commission in accordance with the screening requirements in subsection (h)(1) hereof.

(3) All portions of the site, including the required yards, which are not otherwise used for buildings, off-street parking, or access drives shall be smoothly graded and landscaped with grass or other ground cover and shall have other plantings and landscape features as appropriate and approved by the Planning Commission pursuant to Section 1137.05.

(i) Parking Requirements. The number of accessory off-street parking spaces shall be provided in accordance with Section 1171.11(c) and such parking shall be located and constructed in accordance with Section 1171.11(e).

(j) Planning Commission Review Procedures. All construction for permitted or conditional uses in the L-I District, whether new construction, expansion of existing buildings or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 51-1983. Passed 8-11-83.)

1169.04 G-I GENERAL INDUSTRIAL DISTRICT.

(a) Purpose. The purpose of the G-I General Industrial District is to provide for manufacturing, storage, distribution and wholesaling facilities which can conform to equally high performance standards as the uses in the Limited (L-I) Industrial District, but which may require or could benefit from the utilization of outdoor processing or storage areas. This district would be applied to those areas suitable for industrial uses but which are the most remote from residential or business areas in the City.

(b) Permitted Uses.

(1) All uses permitted in the Limited (L-I) Industrial District, which are not detrimental to uses in the Residential District. Specifically prohibited are noxious, dangerous or offensive uses by reason of emission of odor, dust, smoke, gas, noise, flame or vibration.

(2) Outdoor processing and storage when located to comply with established setback and screening requirements.

(Ord. 59-1991. Passed 6-27-91.)

(3) Businesses permitted in the B-3 General Business District which are principally related to automobile activities and services such as:

A. Automobile sales for both new and used cars;

B. Car washes;

C. Gasoline service stations, and other auto repair services;

D. Other automobile services deemed similar by the Planning Commission.

(4) Retail businesses which have as a major activity or component outdoor storage or other activities, such as garden centers and lumber yards, and which generally have large site area requirements compared to most retail businesses. This provision does not include drive-in banking windows or drive-in restaurants.

(5) Communication facilities.

(6) Public utility rights of way and other facilities.

(7) Post offices, police and fire stations and similar governmental services.

(1) Generally sell a single product line requiring a large floor area for the product or service sold;

(2) Are businesses occupying or intending to occupy an existing industrial building;

(3) Do not generally need to associate, for marketing purposes, with other retail businesses in a shopping center type environment; and

(4) Are determined by the Planning Commission to be compatible with the other uses permitted in this district.

(d) Accessory Uses.

(1) Administrative offices.

(2) Retail sales area.

(3) Cafeterias, restaurants and other types of food service.

(4) Recreational facilities.

(5) Off-street parking for employees and visitors.

(6) Signs.

(Ord. 51-1983. Passed 8-11-83.)

(e) Minimum Lot Size and Frontage. The minimum lot size for new development shall be two acres with minimum lot frontage, measured at the right-of-way line, of 150 feet; except that the minimum lot frontage on a cul-de-sac shall be 150 feet measured at the building setback line.

(Ord. 2-1989. Passed 3-23-89.)

(f) Building and Storage Setback Requirements.

(1) The building setback from any street shall be a minimum of thirty feet provided that the minimum setback shall be seventy feet when:

A. The site is across the street from residentially zoned land; and/or

B. The lot is adjacent to, and the industrial building is within 200 feet of a residentially zoned parcel.

(2) Outdoor storage areas shall be set back from the front property line a minimum of 100 feet, except that the minimum setback shall be 300 feet when across the street from residentially zoned land.

(Ord. 58-1991. Passed 6-27-91.)

(3) The side and rear setback line for any building or structure shall be a minimum of fifteen feet provided that:

A. A setback is not required when such side or rear property line is adjacent to a railroad right of way; and

B. The minimum side or rear setback shall be seventy feet when the corresponding lot line is contiguous to residentially zoned land; provided further that the setback shall be increased by one foot for every foot of building length along such property line greater than fifty feet but in no event is the setback required to be more than 150 feet.

(Ord. 51-1983. Passed 8-11-83.)

(4) Outdoor storage areas shall have the same side and rear yard setbacks as the buildings pursuant to subsection (f)(3) hereof, except that when such outdoor storage area is adjacent to a residentially zoned land the minimum setback shall be 300 feet.

(Ord. 58-1991. Passed 6-27-91.)

(5) The Planning Commission may approve lesser building and storage setbacks when the applicant has demonstrated, through unique and sensitive design of the building and site, such as imaginative facade design, abundant landscaping, extensive berming screens, that the purposes of the setback standard have been achieved and that a reduced setback will, therefore, have no material adverse impact on surrounding

properties.

(g) Height of Building. A building shall not be erected to a height greater than sixty feet, except that this limitation shall not apply to roof tanks and other mechanical equipment, water towers, elevator bulk heads, chimneys, antennas, and other appurtenances. (Ord. 51-1983. Passed 8-11-83.)

(h) Additional Yard Requirements, Including Landscaping and Screening. All yards required pursuant to subsection (f) hereof which are not otherwise used for off-street parking or buildings shall be smoothly graded and landscaped with grass or other suitable ground cover and shall have other plantings and landscape features as appropriate and approved by the Planning Commission pursuant to Section 1137.05. Outdoor processing and storage permitted in this District shall be screened as determined and approved by the Planning Commission so as not to be conspicuous as viewed from any street or any residentially zoned land. (Ord. 59-1991. Passed 6-27-91.)

(j) Planning Commission Review Procedures. All construction for permitted or conditional uses in the G-I District, whether new construction, expansion of existing buildings or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 51-1983. Passed 8-11-83.)

1169.05 REGULATIONS FOR ADULT USES IN AN L-I LIMITED INDUSTRIAL DISTRICT AND IN A G-I GENERAL INDUSTRIAL DISTRICT.

The City of Macedonia has determined that permitting adult uses, as defined in this section, to be located in proximity to residential, institutional and non-adult oriented retail uses would have a detrimental effect on such adjacent uses. It has been demonstrated that adult uses, as defined in this section, have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult use oriented retail uses. Therefore, in order to prevent potential deterioration in Macedonia's retail area; and to avoid potential adverse impacts on residential and institutional uses particularly those where children are present, and thereby protecting the public health, safety and welfare, adult uses, as defined in this section, shall be permitted only in the L-I Limited Industrial District and the G-I General Industrial Districts subject to the following requirements and further subject to the plan review procedures pursuant to Section 1137.05.

(a) For purposes of the Codified Ordinances adult uses shall include but not be limited to any of the following:

(1) Adult book/video store. An establishment which utilizes five percent (5%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display or viewing, for any compensation, or books, magazines, other printed material, films, tapes and video cassettes, or any other visual representation, which are distinguished by their emphasis on adult materials as defined in this section.

(2) Adult motion picture theater. An enclosed motion picture theater which regularly uses or utilizes five percent (5%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.

(3) Adult motion picture drive-in theater. An open air drive-in theater which regularly uses or utilizes five percent (5%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.

(4) Adult only live entertainment business. An establishment where the patron directly or indirectly is charged a fee, and where the establishment features:

A. Entertainment or services which constitute adult material as defined in this section; or

B. Exhibitions, dance routines, or gyrational choreography or persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material as defined in this section.

(Ord. 38-1997. Passed 6-26-97.)

(5) Amusement arcades. A place of business where three or more amusement devices are located for the use or entertainment of persons patronizing the place of business as is more fully defined in Chapter 701 of the Codified Ordinances.

(Ord. 37-2007. Passed 6-14-07.)

(b) To further determine whether the above facilities are adult uses, the following definitions shall apply:

(1) Adult material. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, video cassette, motion picture film, record or other tangible thing, or any service, capable of creating sexual interest through sight, sound or touch, and;

A. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or

B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.

(2) Bottomless. Less than full opaque covering of male or female genitals, pubic area or buttocks.

(3) Nude or nudity. The showing, representation or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

(4) Topless. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.

(5) Sexual activity. Sexual conduct or sexual contact, or both.

(6) Sexual contact. Any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(7) Sexual excitement. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.

(1) A minimum of 2000 feet from the boundaries of any lot containing a church, library, public park or playground, nursery, school or any other institution where children are kept day or night;

(2) A minimum of 1000 feet from any other adult use; and

(3) A minimum of 2000 feet from any residentially zoned parcel in the City of Macedonia or any adjacent community.

(Ord. 38-1997. Passed 6-26-97.)

1171.01 SCOPE.

The following supplementary regulations shall apply to all residential, business and industrial districts.

(Ord. 30-1982. Passed 6-10-82.)

1171.02 GENERAL SUPPLEMENTARY REGULATIONS APPLYING TO ALL USES.

(a) Abandoned or inoperative businesses must be maintained according to the code.

(1) Owner must maintain the property; must cut all grass and remove all rubbish and weeds.

(2) Parking a motor vehicle is prohibited on such property and a sign to such effect must be placed prominently at all entrances to the property.

(b) All permitted businesses shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or the community in general.

(c) All outdoor lighting shall be of constant intensity, and shall be directed, reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance or unreasonably interfere with a neighboring property owner's right to enjoy his property.

(d) Noise levels caused by loud speakers which cause a hazard or annoyance shall not be permitted.

(Ord. 35-1986. Passed 5-22-86.)

1171.03 PUBLIC GARAGES; AUTOMOBILE REPAIR SHOPS; GASOLINE SERVICE STATIONS; CAR WASH.

(a) Such facilities when a conditional use in the B-1 and B-2 District shall be located at the extremity of the business district and/or at the intersection of two or more thoroughfares so as not to interfere with the pedestrian interchange between stores in the District and provided further, that it would not limit expansion of the pedestrian oriented facilities.

(b) No use herein included shall be erected or constructed on a lot of less than 40,000 square feet with a minimum of 150 feet frontage.

(d) The outdoor display or storage of goods and merchandise when approved as a conditional use shall be located and maintained in compliance with the following:

(1) Merchandise that is displayed for retail sale or accessories or parts that are stored, kept or displayed outside the main building during business hours shall be displayed or stored on a paved surface or on suitable metal shelves or racks.

(2) The display or storage area shall have a maximum area of 1,000 square feet.

(3) The display or storage area shall be located a minimum of fifty feet from the street right of way and fifteen feet from a side or rear lot line adjacent to a residential district, except for used tires which shall be located as regulated in subsection (8) below.

(4) The location of the display or storage area shall not interfere with on-site traffic circulation and shall not occupy any required parking spaces.

(5) Merchandise, accessories or parts when stacked or placed on shelves shall have a maximum height of six feet.

(6) Merchandise, accessories or parts shall be stored or displayed outdoors only during business hours unless such items are secured against theft, vandalism or loss in a manner approved by the Planning Commission.

(7) All outdoor display or storage areas shall be maintained in a neat and orderly manner, and signs associated with such areas shall identify only the items for sale in a size to be approved by the Zoning Inspector.

(8) Used tires shall be stored in an area at the rear of the station which is completely screened from the public view and no refuse or litter shall be upon the property except in closed, metal containers.

(9) All areas to be devoted to outdoor display or storage shall be clearly indicated on the site plan.

(Ord. 70-1993. Passed 10-28-93.)

(e) In the B-1 and B-2 Districts, repairs are permitted to be performed on vehicles and trucks. Minor repairs only are permitted on trucks exceeding one ton rating, including motor service, replacement or parts. No body work, or painting shall be permitted.

(f) Only minor repairs are permitted outside the building and must be completed

within forty-eight hours.

(g) Any rental vehicle, whether trailers or self-propelled, shall require a Conditional Use Permit.

(h) No vehicles (service truck, snow plow) may be parked in front of pump island setback line established in subsection (c) hereof except while being serviced at pump island.

(i) In no case shall any vehicle be stored outside for more than forty-eight hours, except service vehicles actually needed in the furtherance of the business and no customers' motor vehicles shall be on the property except for the purpose of service.

(j) An abandoned service station is presumed to be a nuisance affecting or endangering surrounding property values and detrimental to public health, safety, convenience, etc., and shall be abated. An abandoned station is defined to be one which is not in operation for at least ninety days. When the Zoning Inspector finds a station to be abandoned, he shall give notice to the owner to abate the abandoned condition within sixty days by:

(1) Placing the station in operation; or

(2) Adapting and using the building for another permitted use; or

(3) Razing the service station structure, removing pumps, signs, underground tanks and restoring the land to conform to adjoining grade.

If an owner fails to comply with the notice to abate the abandonment, the Mayor may take action to abate the nuisance by enforcing local ordinances and following State law or by instituting appropriate legal action.

(Ord. 30-1982. Passed 6-10-82.)

1171.04 PUBLIC UTILITY RIGHTS OF WAY; BUILDINGS; STRUCTURES AND EQUIPMENT.

(a) Substations, equipment, storage areas, maintenance garages, etc., should be located at least 100 feet from all property lines or shall be suitably shielded from view by barriers or landscaping and shall not present a nuisance or safety hazard to the general public.

(b) Public utility lines and corridors may be located in any district but shall be located only in the specific areas designated therefor on the Zoning Map and shall be constructed and used only upon issuance of a Conditional Zoning Certificate.

(c) Site locations must offer natural or man-made barriers that would lessen the effect of intrusion into residential areas.

(Ord. 30-1982. Passed 6-10-82.)

1171.05 TEMPORARY USES.

These regulations are necessary to govern the following uses which are of a nonpermanent nature. At least seven days before the instigation of such use an application for a temporary zoning permit shall be made to the Zoning Inspector, which shall include a map illustrating the location of the property to be used, a description of the proposed use, and a site plan, with sufficient information to determine the setback and parking facility requirements for the proposed temporary use and the relationship between the temporary use and the parking and building(s) of the permanent use on the property.

(a) In a business or industrial district, temporary retail sales and services, such as sales of plants, flowers, trees, arts and crafts, or similar items on any lot shall be permitted for any for-profit or not-for-profit individuals or organizations. A zoning permit valid for a period not to exceed fifteen days shall only be issued four times for any particular lot within any twelve-month period.

(b) In a residential district, temporary retail sales and services, such as sales of plants, flowers, trees, arts and crafts, or similar items on any lot on which a church, school or public use is operating shall be permitted for any not-for- profit organization. A zoning permit valid for a period not to exceed fifteen days shall only be issued twice for any particular lot within any twelve-month period.

(d) The temporary retail sales or services area shall be located so as not to interfere with on-site traffic circulation, required parking spaces, or adversely impact adjacent residential property.

(e) The applicant shall submit a transient vendor's license, and a written statement from the property owner giving his permission for such use. The temporary zoning permit shall be prominently displayed at the site.

(Ord. 69-1993. Passed 10-28-93.)

1171.06 POST-OFFICE; POLICE AND FIRE STATIONS; SCHOOLS; SERVICE GARAGES; RECREATIONAL FACILITIES; HOSPITALS.

All structures and activity areas should be located at least 100 feet from all property lines or shall be suitably shielded from view by barriers or landscaping and shall not present a nuisance or safety hazard to the general public.

(Ord. 30-1982. Passed 6-10-82. )

1171.07 COMMUNICATION COMPANIES OR OTHER BROADCASTING FACILITIES.

(a) Radio frequency or electrical interference disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

(b) Antennas or towers shall be limited in height to the distance from the base to the adjacent property line.

(Ord. 30-1982. Passed 6-10-82.)

1171.08 DRIVE-IN ESTABLISHMENTS.

(a) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general.

(b) Such facilities in the B-1 and B-2 Districts shall be located at the extremity of the Business District and/or at the intersection of two or more thoroughfares so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not limit expansion of the pedestrian-oriented facilities. Car stacking areas for drive-in windows shall be a minimum of twenty-five feet from an R District.

(Ord. 30-1982. Passed 6-10-82.)

1171.09 PROHIBITED USES IN ANY DISTRICT.

The following uses are prohibited in any district:

(a) Aviation field;

(b) Brewery;

(c) Concrete batching plants, concrete mixing plants and the manufacture of any cement or similar products whether on or off the premises;

(d) Distilling of bones, fat or glue, glue or gelatin manufacturing, fertilizer manufacture;

(e) Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, rubbish, offal or dead animals;

(f) Facilities involving or encouraging games of chance, wagering or gambling;

(g) Junkyards or salvage-pool yards;

(h) Manufacture or storage of explosives, gun powder or fireworks;

(i) Manufacture storage and/or reclamation of hazardous substances except as permitted by the Planning Commission with the approval of the Fire Chief;

(j) Metallic powder works; and

(k) Residential trailer camps or recreational vehicle park.

(Ord. 87-1986. Passed 4-23-87.)

1171.10 SIGNS.

(EDITOR'S NOTE: See Chapter 1179 for current Municipal sign regulations.)

1171.11 OFF-STREET PARKING.

(a) Off-street parking facilities shall be provided as a condition precedent to occupancy of a residential, institutional, business, commercial and manufacturing use, in conformance with the following provisions of this section:

(1) Whenever a building is constructed or a new use established; or

(2) Whenever an existing building is altered and there is an increase of the number of dwelling units, seating capacity and/or floor areas of buildings; or

(3) Whenever the use of an existing building is changed to a use requiring more off-street parking facilities.

(b) Measurement Standards.

(1) "Accessory off-street parking space" shall be an open or enclosed area, accessible from a street, exclusive of access ways, parking access aisles, and other drives, for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building use. Minimum dimensions of such spaces are as follows:

Parking Space Angle from

Parking Access Aisle Parking Space Width Parking Space Length

45° - 60° 9 feet (designated 20 feet

by double

striped line)

61° - 90° 10 feet 20 feet

(Ord. 65-1992. Passed 10-22-92.)

(2) "Floor area" for the purpose of determining requirements for accessory off-street parking spaces shall be the total area of all the floors measured from the exterior faces of the building. Any floor or part thereof used for storage or packaging of merchandise not to exceed twenty percent (20%) of the total floor area may be excluded.

(3) "Seats" means the number of seating units installed or indicated, or each twenty-four lineal inches of benches, pews or space for loose chairs or similar seating facilities. Spacing of rows shall be thirty inches on center.

(4) "Employees" means the maximum number of employees on any two successive shifts.

(5) "Fractional unit" means where the computation results in a fractional unit, one additional off-street parking space shall be provided.

(Ord. 30-1982. Passed 6-10-82. )

(6) "Parking access aisle" shall be that portion of the parking lot providing direct access for vehicles to the adjacent off-street parking spaces.

Minimum parking access aisle widths are as follows:

Parking Space Angle from

Parking Access Aisle Access Aisle Width

45° - 60° (one way aisle) 19 feet

45° - 60° (two way aisle) 22 feet

61° - 90° (one way aisle) 22 feet

61° - 90° (two way aisle) 22 feet

(Ord. 65-1992. Passed 10-22-92.)

Residential

Building or Use Minimum Parking Space

Required

Single and Two-Family Dwellings 2 spaces per dwelling unit in

an attached garage.

Attached Single Family (Townhouse) 2-1/2 spaces per dwelling unit,

one of which shall be in an

attached garage.

Garden Apartment Dwellings 2-1/2 spaces per dwelling unit.

Senior Citizen Independent Living Unit 1-1/2 spaces per dwelling unit.

Hotel, Motel, Tourist Home 1 space per rental unit or

suite, plus 1 space for each

two (2) employees on the

maximum shift.

Long-term care facility, nursing home 1/3 spaces per bed.

facility, assisted living facility for

elderly or handicapped

(Ord. 71-1990. Passed 10-25-90.)

Institutions

Building or Use Minimum Parking Space

Required

Hospitals 1 space per 2 beds

Clinics, health centers 1 space per 150 sq. ft. floor

area

Libraries, museums 1 space per 40 sq. ft. floor area

Places of worship 1 space per each 5 seats in

auditorium and assembly room

Funeral homes, mortuaries 1 space per 30 sq. ft. of

assembly rooms or 1 space for

each 4 seats, which ever

requires the greater number of

spaces.

Public buildings, municipal and 1 space per each 6 seats in

educational assembly rooms

Theater, lodge halls, auditoriums,

arenas, stadiums and other

places of assembly 1 space per 4 seats in building

Dance halls, skating rinks, swimming

pools 1 space per 50 sq. ft. floor area

Bowling alley 6 spaces per lane

Tennis and racquetball courts 5 spaces per court

Building or Use Minimum Parking Space Required

Business (Small Development)

The following schedule shall apply if a development comprises less than 100 feet

of building frontage:

Medical and dental offices 1 space per 200 sq. ft. floor area

Administrative offices 1 space per 300 sq. ft. floor area

Retail store, service establishments 1 space per 200 sq. ft. floor area

Eating places, bars, taverns and 1 space per 50 sq. ft. floor area; for drive- drive-through

through a minimum of 6 stacking spaces

Banks and other financial institutions 1 space per 200 sq. ft. floor area plus a

minimum of 4 stacking spaces for

each drive-through window

Business (Large Development)

The following schedule shall apply if a development comprises 100 feet of building

frontage or more:

Retail stores, offices, services, eating 1 space per 250 sq. ft. floor area in

places, bars, tavern, etc. development

Commercial and Industrial

Commercial services, laboratories, 1 space for each 400 sq. ft. of floor area

machine shops and similar establishments

Manufacturing plants 1 space for each 400 sq. ft. of floor

area

Storage 1 space for each 800 sq. ft. of floor

area

Other Buildings or Uses

For a specific building or use not scheduled above, the Planning Commission, when

they review plans shall apply the unit of measurement of the above schedule to be

most similar to the proposed building or use.

(d) Separate or Combined Use of Facilities.

(1) A building containing one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, containing two or more uses, operating normally during the same hours and which have different off-street parking requirements shall provide spaces for not less than the sum of the spaces required for each use. However, in a mixed use project a lesser number of spaces may be approved by the Planning Commission when the Commission determines that special characteristics of the combined uses justify a reduction in the number of spaces will be adequate to meet the needs of the proposed project.

(2) Institutions, places of amusement or assembly may assume that up to, but not more than fifty percent (50%) of their requirements may be provided in adjacent parking spaces which are necessary to business establishments and which normally have different hours of operation. Provided, however, that should either of the combined uses be charged or discontinued, then the required spaces for the use remaining shall be provided elsewhere as a condition precedent to the continued use of the remaining building.

(Ord. 30-1982. Passed 6-10-82.)

(e) Regulations for Accessory Parking in Business and Industrial Districts.

(1) Application. Off-street parking facilities shall be provided in accordance with this section as a condition precedent to occupancy in conformance with the following:

A. Whenever a building is constructed or a new use established; or

B. Whenever an existing building is altered and there is an increase of the number of dwelling units, seating capacity and/or floor areas of buildings; or

C. Whenever the use of an existing building is changed to a use requiring more off-street parking facilities.

(2) Location of off-street parking. Off-street parking may be located in front, side or rear yard areas when the points of access, curbing, striping, lighting, location (in reference to buildings, property lines, walks, etc.) and landscape screening have been approved by the Planning Commission and provided that such parking and access drives shall be set back from:

A. The street right of way a minimum of twenty feet; and

B. The side and rear property lines adjacent to residential districts a minimum of fifteen feet.

(3) Location of entrances and exits. Entrances and exits shall be located to minimize the traffic congestion and avoid undue interference with pedestrian access to street corners. There shall not be more than two access ways from any one property to a public highway for 400 feet of street frontage nor more than one if the frontage is less than 150 feet. There shall be no entrances or exits within sixty feet of any residential district. If the property frontages are on two or more streets, the driveways shall be located as far from the street intersection as practicable and no driveway shall be located within forty feet of street intersections as measured from the right of way line. Access ways shall not be less than twelve feet nor more than thirty-six feet in width at the property line. Access lane shall be provided as deemed necessary for fire and emergency vehicles.

(4) Parking construction requirements.

A. Surface material. All parking areas and driveways shall be hard surfaced bituminous concrete or concrete, free from dust and so drained that surface waters therefrom are not permitted to discharge over or onto public sidewalks or roadways or onto other premises, but must be discharged into the public drainage system.

B. Curbing. A safety curb a minimum of six inches high, bumper blocks or other suitable means shall be used to protect the vehicle from any pedestrian walkway, building, equipment, landscaping or other facility requiring protection from vehicle traffic.

C. Striping. Parking spaces shall be individually striped with areas where parking is prohibited indicated by either cross hatching or appropriate signs.

D. Lighting. Parking areas shall be lighted to allow for safe movement of both vehicular and pedestrian traffic. No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway. No lighting shall shine directly on adjacent residential property.

E. Landscape screening.

1. Parking areas adjacent to residential property shall have a landscaped area a minimum of fifteen feet wide screening the view of the parking area from the residential property.

2. Parking areas shall have a landscaped area no less than twenty feet in width along all adjacent street or highway rights of way. This area shall be appropriately landscaped to screen the view of the parking area.

(Ord. 30-1982. Passed 6-10-82.)

(5) Off-street loading. Areas required for loading and for the maneuvering of vehicles in and out of loading spaces shall be provided in addition to those areas required for off-street parking pursuant to subsection (c) hereof. Off-street parking areas shall only be used for infrequent deliveries and only when they occur at times when the parking areas are generally not fully utilized.

(Ord. 51-1983. Passed 8-11-83.)

1171.12 PARKING IN RESIDENTIAL DISTRICTS.

(a) For purposes of this section:

(1) "Truck" means any vehicle with a rated capacity of over one ton and shall include but not be limited to, a tractor, van or pick-up.

(2) "Commercial vehicle" means any vehicle which displays lettered matter related to a business other than the name and occupation of the owner or pictorial matter related to a business other than the owner's logo or trademark or any vehicle which carries tools, appliances or equipment related to a business other than ladders, exposed to view.

(b) No person shall park, at any time, a school bus, house trailer, commercial vehicle or truck in a district zoned for residential purposes, with the following exceptions:

(1) Any vehicle housed in an enclosed structure permitted by applicable zoning and buildings codes.

(2) Any commercial vehicle rated one ton or under capacity otherwise lawfully maintained or parked which is screened or otherwise not observable from the street or side yard if such screening is permissible by applicable zoning and building codes.

(3) Any vehicle otherwise lawfully maintained or parked upon parcels exceeding one acre in area and under common ownership if the vehicle is located at least 200 feet distant from neighboring dwelling structure and not in front of the building setback line.

(4) Any vehicle parked temporarily for no more than ten days to effect repairs or construction to or upon the premises.

(c) Agricultural tractors, utility trailers designed to be pulled by passenger automobiles, camp trailers or boats and other similar vehicles commonly associated with private domestic and private recreational usage may be parked on any private premises, if garaged or parked in such a manner as to be least noticeable from the street. Such vehicles are prohibited from being parked in any other location upon the premises.

(d) No vehicle shall be parked or maintained in any district zoned for residential purposes which constitutes a nuisance to such purposes or which is patently offensive in a residential area; provided that the owner of such vehicle or the owner or tenant of the premises shall be given thirty days notice to correct the condition, which notice shall list the specific conditions in violation of the Zoning Ordinance.

(Ord. 30-1982 Passed 6-10-82. )

1171.13 EXEMPTION OF AGRICULTURE.

(a) Nothing in the Zoning Ordinance shall confer any power upon Council, the Planning Commission or the Board of Zoning and Building Code Appeals to prohibit the use of land in any zoning district for agricultural purposes, and no zoning certificate shall be required for such agricultural uses; provided that in the R-1, RP, R-2, B-1, B-2 and B-4 Districts the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located may only be permitted by the Planning Commission as a Conditional Use pursuant to the standards and procedures for Conditional Uses in Chapter 1137.

(b) For the purposes of the Zoning Ordinance, the term "agriculture" includes agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and poultry and animal husbandry, but does not include the commercial feedings of garbage or offal to swine or other animals.

(Ord. 30-1982. Passed 6-10-82. )

1171.14 TEMPORARY STRUCTURES.

(a) The Zoning Inspector shall have exclusive authority to authorize the use of land for the construction of temporary structures which shall be erected and maintained for a period of not to exceed one year or, when accessory to a building construction project, the length of time necessary for the completion of such construction.

(b) A temporary structure is any structure constructed or placed on a site for a temporary purpose which purpose shall be accomplished within one year from the date of issuance of the temporary zoning certificate except for longer construction projects pursuant to subsection (a) hereof.

(c) No temporary zoning certificate shall be issued for any structure which is deemed by the Zoning Inspector or Building Commissioner to be unsafe.

(d) No temporary zoning certificate shall be issued which will change the permitted use of land from residential to commercial or industrial uses except in the case of temporary structures or buildings necessary or incidental to the construction of other buildings or developments or other similar situations.

(e) The fee for a temporary zoning certificate shall be established by Council.

(Ord. 30-1982. Passed 6-10-82.)

1171.15 NONRESIDENTIAL USES IN RESIDENTIAL DISTRICTS.

(a) Purposes.

(1) Sections 1163.02, 1163.03, 1163.04 and 1165.13 permit retail office, recreational uses and selected community facilities as conditional uses in existing residential structures when such uses comply with the regulations and standards of this section and are approved as conditional uses pursuant to Section 1137.04.

(2) The purpose of permitting these uses is to recognize that some residential structures have certain overriding factors which make it unlikely that residential occupancy will continue or be restored. Yet, if offered alternative economical uses these structures could be preserved, with such preservation retaining segments of the community's heritage and character. It is further believed that in these circumstances the rezoning of the property to accommodate a nonresidential development would provide more latitude on the parcel than is warranted, and the rezoning would not necessarily achieve the intended preservation objectives and other purposes of this section.

(3) This section can only be applied when the Planning Commission determines that the application of the provisions of this section will benefit the health, safety and welfare of the residents to the same, or greater extent than either redevelopment of the property under its current zoning or development in any other zoning classification.

(4) Specifically, in approving a proposal pursuant to this section, the Planning Commission must further determine that:

A. The site and building have historic, cultural, architectural or environmental characteristics which are worthy of preservation;

B. The proposed uses and the associated renovation will preserve the above qualities;

C. The proposal has a minimum adverse impact on adjacent residential lands;

D. It is not likely that the residence would continue to be occupied, or be reoccupied with uses permitted in the district; and

E. The proposal, in all other respects, meets the criteria for conditional uses in this section and in Section 1137.04.

(b) Uses Which May Be Considered. Uses which may be considered pursuant to this section are:

(1) Small retail shops of all types, including restaurants, provided the proposed uses are compatible with and will enhance the quality and characteristics of the building and site.

While a wide spectrum of retail uses may be considered, the objectives and criteria of this section would generally not be fulfilled if typical convenience retail stores and services, such as grocery, hardware, or drug stores, cleaners, beauty and barber shops, were to occupy the premises.

(2) Administrative offices for private, institutional or public organizations.

(3) Recreational uses.

(4) Museums, libraries, studios and other similar and compatible community facilities, whether public or private. (Ord. 50-1983. Passed 8-11-83.)

(5) Storage facilities, barns, sheds, or similar such structures, as stand-alone when the chief main building use has been demolished or otherwise removed from the parcel leaving a nonconforming accessory structure.

(Ord. 82-2014. Passed 9-11-14.)

(c) Owner Forfeiting Right to Permitted Uses. During such time as a building or site is occupied with any use pursuant to this section, the owner of the property forfeits the right to further develop the parcel or to use existing buildings for any use heretofore permitted in the zoning district in which the property is located. Such permitted uses may, however, be subsequently approved for the property as conditional uses subject to the conditions of this section and the procedures of Section 1137.04.

(d) Site Development Standards and Criteria.

(1) All principal uses, with the exception of recreational uses, must be located within the existing structures, or any expansion to existing structures shall be limited by subsection (d)(2) hereof.

(2) New buildings, or additions to existing buildings, may be constructed provided that:

A. The total first floor area of any new construction shall not exceed twenty-five percent (25%) of the first floor area of the existing buildings; and

B. The building expansion must not occur closer to the property line contiguous to residentially zoned land than the existing building or 100 feet, whichever is less.

(3) The total area of building and off-street parking shall not comprise more than forty percent (40%) of the site. The Planning Commission may, however, waive the requirement when the property is adjacent to, or across the street from, land in a business or industrial zoning district.

(4) Accessory uses must be within enclosed buildings, except for recreational facilities, landscape features, off-street parking and other activities which are compatible with the development and customarily conducted outdoors.

(5) Off-street parking shall be provided entirely on the parcel and shall:

A. Include the number of spaces specified for the proposed use(s) in Section 1171.11;

B. Be located a minimum of 100 feet and adequately screened from the property line adjacent to residentially zoned land;

C. Have landscaping within the parking lot equal to twenty percent (20%) of the entire parking area; and

D. Comply with all other construction standards in Section 1171.11(e) unless otherwise approved by the Planning Commission.

(Ord. 50-1983. Passed 8-11-83.)

1171.16 FENCE REGULATIONS.

(a) Purpose. The purpose of this section is to establish regulations controlling the location, installation and standards for fences that retains the privilege of privacy, allows attractive landscape design, or offers reasonable security while assuring that such fences are located and constructed to respect the rights and enjoyment of neighboring property owners, the appearance of the community, and the overall health, safety and public welfare of its residents.

(b) Scope.

(1) This section sets forth regulations pertaining to the location, installation and standards for new fences in all zoning districts.

(2) Any fence erected prior to the date of adoption of this section which does not comply with these regulations shall be nonconforming. However, the Zoning Inspector may order appropriate remedial measures to alleviate any hazardous conditions related to any fence, whether newly constructed following adoption of this section, or constructed prior to the adoption of this section, and whether conforming or nonconforming, when the Zoning Inspector determines that such condition, without immediate remedial measures jeopardizes the health and safety of nearby residents or occupants.

(1) "Fence" means any structure composed of wood, vinyl, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers and other vegetation, when erected in such a position as to enclose all or any part of the premises or otherwise satisfy the intent of this definition shall be considered a fence.

(2) "Privacy fence" means a fence more than 3'-6" high intended to inhibit public view and provide seclusion. Stockade fencing is not permitted and not considered privacy fencing as defined herein. Privacy fences may be solid fences. Examples of privacy fences include but are not limited to:

A. Basketweave or woven fences. Made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a "basketweave".

B. Louver or ventilating fences. Made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.

C. Board-on-board fences. Board on board fencing is constructed with an overlapping pattern of vertical slats where every other board is attached to an opposite side of the fence rails, creating a light break in the fence to where you get a slight view of what's on the other side, but only if you stand at an angle.

D. Privacy fences used to block the view of a patio, pool, gazebo or other structure shall be installed at the building line in a front yard, and otherwise set back at least ten (10) feet from the right of way or, in the case of a private street or other property where there is no established right of way, at least 10 feet from the property line, (See NOTE below for corner lots); with an approximate overall fence length of the proposed structure to be blocked. There shall be a 3' minimum clearance between the fence and rear side yard lot lines for all privacy fences used solely to block the view of a structure as described above. Fences used for enclosure of yards shall be constructed according to 1171.16(g)(8).

Property Boundary (lot) Lines:

Privacy Fence (one on each side of structure):

Decorative/Ornamental Fence (rear location only):

NOTE: Corner lots are permitted to have one additional gate option off the front of the house. Privacy fences, open fences and chain link fences are not permitted in front yards as set forth in Section 1171.16(d)(1)(5).

E. Masonry walls.

(3) "Ornamental fence" means a fence not exceeding 3'-6" in height constructed as a landscape or design feature to enhance a property by defining driveways, walkways or gardens, or intended for site decoration. Such ornamental fence shall not be intended to provide enclosure or security. Examples of ornamental fences include, but are not limited to:

A. Rail or split rail. Constructed of narrow or whole split wooden timbers placed horizontally between upright supporting posts.

B. Picket fences. Made of upright pales or slats.

C. Wrought iron fences.

D. Decorative masonry walls.

(4) "Open fence" means a fence more than 3'-6" in height for decoration or to provide secure enclosure (such as to contain children or pets, or to prevent intrusion or trespassing) and has an open area greater than sixty- six percent (66%). Examples of open fences include, but are not limited to:

A. Chain link fence. Usually made of metal consisting of loops and wire interconnected in a series of joined links.

B. Rail, split rail, picket fences or wrought iron fences. Shown as examples in subsection (c)(3) above when they satisfy the definition of "open fences".

(5) "Fence open area" means the percentage of the surface area which is open to light and air. Any required open area shall apply to any reasonable segment of the fence surface (approximately any one or two square feet) along any portion of the length or height of a fence.

(6) "Temporary fences" means fences erected for a specific function and limited duration. For the purposes of these regulations, temporary fences are limited to "snow fences" in place no longer than from November 1- April 15, and "construction fences" which enclose a construction site for the duration of the construction period.

(d) Standards for Residential Districts.

(1) Front yards.

A. Any ornamental fence may be permitted in a front yard provided that:

1. They are located in the front yard no farther from the house than one-third of the distance between the house and the front property line.

2. They are erected in conjunction with appropriate landscaping, and are in scale with, harmonious and compatible with the residence on the property.

3. Ornamental fences may be permitted in any other location in the front yard provided the overall length is a maximum of twenty feet.

4. An ornamental fence more than twenty feet in total length may only be permitted in the front yard (other than the one-third nearest the dwelling) when approved by the Planning Commission if the Planning Commission determines that such height, location and length constitutes appropriate landscaping, is in scale and harmony, and is otherwise compatible with the building on the site and will have no adverse impact on surrounding property. Prior to making its determination, the Planning Commission shall have the advice and recommendation of the City's architect.

5. Privacy fences, open fences and chain link fences are not permitted in front yards.

(2) Side and rear yards. The following fences only shall be permitted:

A. Ornamental fences not exceeding 3'-6" in height.

1. Decorative ornamental fences at a height of 6'-0" provided such fences are used to prohibit coyote intrusion into the yard. Such fences shall be equipped at all times with functioning coyote rollers. Decorative 6' ornamental fences shall ONLY be installed where property abuts a wooded area as determined and approved by the Planning Commission.

B. Open fences to a maximum height of 5'-0" provided that such fences may be constructed to a maximum height of 8'-0" when the property line abuts property in a commercial or industrial district.

C. Privacy fences to a maximum height of 6'-0" provided that such fences may be constructed to a maximum height of 8'-0" when the property line abuts property in a commercial or industrial district.

D. An open or privacy fence shall only be constructed when located a minimum of 10'-0" from any principal or accessory building on an adjacent property.

(e) Standards for Business Districts. Fences proposed on a site in any Business District shall be reviewed and permitted only by the Planning Commission according to the standards and procedures of Section 1137.05, after a suitable site plan has been submitted pursuant to subsection 1137.05(c).

(f) Standards for Industrial Districts.

(1) Fences proposed on a site in either Industrial District shall be reviewed and permitted only by the Planning Commission according to the standards and procedures of Section 1137.05 after a suitable site plan has been submitted pursuant to subsection 1137.05(c).

(2) When a fence is, however, proposed at a separate time from any other development for new construction, additions or site renovation, ornamental fences in any yard, and security fences in side and rear yards contiguous to property in the industrial zoning district, may be approved administratively by the Zoning Inspector when the Zoning Inspector determines that the proposal:

A. Is consistent with any previously approved plan;

B. Is compatible with the current site development if there is no approved plan; and

C. Will have a minimum adverse impact to the surrounding areas.

If, because of the nature of the proposed fence, the Zoning Inspector does not make such a determination, the request shall be referred to the Planning Commission and considered by the Commission according to the site plan procedures in Section 1137.05.

(g) General Conditions.

(1) No privacy fences shall be permitted within ten feet in any direction from a point where a driveway intersects with a sidewalk, or a front property line if there is no sidewalk.

(2) No barbed wire, razor wire, or welded wire fence shall be constructed, erected or maintained in any district except when being used for the containment of livestock permitted elsewhere by these Codified Ordinances (see Section 505.13) or as part of a security fence in a General Business (B-3), Limited Industrial (L-I) or General Industrial (G-I) district provided that it is a minimum of seven feet above natural grade and has been approved by the Planning Commission pursuant to Section 1137.05.

(3) No electrically-charged fence shall be constructed, erected or maintained in any district except when being used for the containment of livestock permitted elsewhere in these Codified Ordinances (see Section 505.13).

(4) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any ground between the fence and property line shall be well maintained.

(5) All fences shall be designed, constructed and finished so that the supporting members face the property of the owner of the fence.

(6) No chain link or mesh wire fence shall be constructed in any residential district unless the unfinished and sharp edges on the fence are pointing toward the ground. The top edges of all metal fences constructed, erected or maintained in any residential district shall be of a smooth finish with no protruding sharp edges.

(7) In order for a fence to be constructed adjacent to, or in proximity with, a property line the property owner proposing the fence shall:

A. Construct the fence of maintenance-free materials as determined by the Zoning Inspector; or

B. Construct the fence so it can be easily dismantled from its owner's side for the purpose of maintaining it entirely within the owner's property; or

C. Enter into a written agreement with the neighboring property owner stating that the owner of the fence has free access to the neighboring property for the purpose of maintaining the fence and land beneath. A copy of this agreement must be submitted with the application for a fence permit.

If at least one of these preceding conditions is not met, the fence shall be placed a minimum of three feet from the neighboring property line.

Furthermore, any fence proposed under this subsection (g)(8) shall not be given a permit unless the adjacent property owner(s) sign off as to the agreed upon property line and location of the proposed fence. Absent such agreement, the owner proposing the fence shall have a certified survey of the relevant property lines, and the location of the proposed fence, provided to the property owner(s) and Building Department, prior to the issuance of any permit. (Ord. 50-2012. Passed 6-14-12.)

(8) At all street intersections, the intersections of private driveways and public rights of way, and the intersections of two private driveways, and ten feet in any direction therefrom, there shall be no fence or dense vegetation between a height of 3'-0" and 7'-0" above the grade which would impede the clear vision between vehicles and pedestrians at such intersections.

(9) All fences on a parcel shall have a unified style along a single plane and for all fence segments visible, from off the premises, from any single direction.

(10) All fences for swimming pools are regulated by the provisions of Chapter 1377 of the Codified Ordinances which is hereby incorporated, by reference, into these fence regulations.

(h) Administration.

(1) Permit. No fence shall be constructed, altered or reconstructed without a permit from the Zoning Inspector after an application for same has been approved.

(2) Inspection. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the City, and such fence does not encroach upon another lot or parcel of land. The City shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for permit, provided, however, that the issuance of the permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.

(3) Approval forms. The Zoning Inspector shall provide suitable forms which a property owner shall use when securing approval of an abutting property owner for erection of a fence pursuant to these regulations.

(4) Appeals.

A. On appeal from a decision of the Zoning Inspector, the Board of Zoning Appeals may permit variances from these regulations in cases where exceptional physical conditions exist or the established regulations or standards of this section are inappropriate or inapplicable, and the requested variances will not adversely affect adjoining property.

B. Failure to follow the above course of appeal shall cause dismissal of appellant's case.

(5) Penalty. Whoever violates any provision of this section, and upon conviction thereof, shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.

(Ord. 101-2017. Passed 12-14-17; Ord. 80-2024. Passed 2-13-25.)

1171.17 HOME OCCUPATION REGULATIONS.

(a) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of home occupations. It is further the intent of this section to allow non-residential uses in residential structures in a manner which assures they are compatible with the residential character of their surroundings.

(b) Standards for Home Occupations. A home occupation may be conducted in a dwelling unit in any residential district provided such home occupation complies with the definition of an accessory use and the following requirements:

(1) No more than one person, at any one time, who is not a resident of the dwelling unit may participate in the home occupation as an employee or volunteer;

(2) There are and will be no exterior alterations made to the dwelling unit for the home occupation purposes which would change the appearance of the dwelling so as to indicate from the exterior that the building is used for any purpose other than that of a dwelling unit;

(3) There shall be no outside activity or storage of any kind related to the use, and only commodities produced on the premises may be sold on the premises; items may be stored in the private garage of a dwelling unit provided the external appearance of the structure shall not be altered;

(4) No equipment, process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, X-rays, radiation or electrical disturbances, or otherwise adversely affect the quality of the residential neighborhood.

(5) The home occupation shall not generate a significantly greater volume of traffic than would normally be expected in a residential area, and all parking shall be accommodated in the resident's driveway.

(6) Repair of automobiles, trucks and similar motor vehicles shall not be permitted except on vehicles owned by the residents of the dwelling.

(c) Violations and Enforcement. Upon complaint by a resident or a City official, the Zoning Inspector shall send a certified letter to the property owner of the home occupation outlining the violations and requesting a meeting to discuss the violations. If the violation continues more than thirty days from the date of the certified letter, the owner shall be deemed in violation of the Zoning Ordinance and subject to the penalties pursuant to Section 1139.99. (Ord. 121-1990. Passed 3-14-91.)

1171.18 SELF-SERVICE MINI STORAGE FACILITY REGULATIONS.

(a) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of self-service mini-storage facilities.

(b) Use of Land. The use of land, buildings, or other structures as a Self-Service Mini-Storage Facility must comply with the regulations and standards of this Section and are required to obtain approval as a conditional use pursuant to Section 1137.04.

(c) Minimum Construction Distance. No structure used as a self-service mini storage facility shall be built or erected within one thousand feet of any residential dwelling, hotel, motel, tourist house, school, hospital, nursing home, or any public administrative, or public safety building, and shall not present a nuisance or safety hazard to the general public. When the Planning Commission finds that there would be no adverse impact, a lesser set back distance may be established, but not less than 500 feet.

(d) Inspections. The Fire Chief, the Fire Prevention Officer, and all Fire Fighters as directed by the Chief, shall have access to the individual self-service mini-storage units for the purpose of inspection to determine compliance with this Section and with the Ohio Fire Code. Owners or operators of self-service mini-storage facilities and the lessees of each individual self-service storage unit shall allow access to the individual units for this inspection up to three times per year. The Fire Chief is authorized to draft regulations establishing procedures for these inspections. The Fire Chief shall enforce this inspection procedure pursuant to Chapter 1521 of the Fire Prevention Code and any and all other applicable laws and ordinances.

(e) Lease Agreement. Owners or operators of self-service mini-storage facilities must include language within the lease for the individual self-storage units advising the Lessees of the regulations drafted pursuant to this Section and shall further contain a provision authorizing inspection of the units by the Fire Department up to three times per calendar year.

(Ord. 89-1996. Passed 10-10-96.)

(f) Penalty. Whoever violates any provision of this section, and upon conviction thereof, shall be guilty of a misdemeanor of the second degree. Each day that such violation continues shall constitute a separate offense. (Ord. 76-1997. Passed 10-23-97.)

(g) Application. Subsection (c) hereof shall apply to the construction of all self- service mini-storage facilities for which Planning Commission approval has not been applied for prior to the effective date of this section.

Subsection (e) hereof shall apply to all leases existing on the effective date of this ordinance upon the expiration of the present lease term and renewal thereof and to all new leases entered into after the effective date of this section. (Ord. 89-1996. Passed 10-10-96.)

1171.19 DONATION BOXES REGULATIONS.

(a) Purpose. The purpose of this Section is to promote the health, safety and welfare through regulation of donation boxes.

(b) Definitions.

(1) “Donation Box”: An unattended container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include any unattended donation box located within a building, which is permitted by right.

(c) Permits Required. It shall be lawful for any person or business to place or allow to be placed on their own property a receptacle for the purpose of collecting donations within the City of Macedonia without first making application and securing a permit from the Building Commissioner.

(d) Written Permission. Applicants shall submit written authorization from the property owner consenting to the placement of a donation box on the subject property.

(e) Standards. A permit shall not be issued for a donation box unless it demonstrates compliance with the following standards:

(1) Donation boxes may only be placed on properties zoned Business or Industrial;

(2) Donation boxes shall not be placed within a required parking space;

(3) Donation boxes shall not be placed within a required front or corner side yard , or major arterial setback. To the extent feasible, donation boxes shall be placed so as viewed from public right-of-way;

(4) Donation box shall not be placed in such a manner as to cause a sight obstruction for pedestrian or motorists;

(5) Only one donation box shall be permitted per lot or per shopping center, whichever is more restrictive;

(6) Donation boxes shall not exceed maximum of seven feet in height; and

(7) Donation boxes shall contain the following contact information in two- inch type, visible from the front of the box; the name, address, e-mail, and phone number of both the permittee and operator.

(f) Maintenance. Donation boxes shall be maintained in good condition and appearance and no structural damage, holes, or visual rust, and shall be free of graffiti. All boxes shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris or other material. No overflow of donations or placement outside the containers shall be permitted at any time. Failure to correct such overflow of donations outside the container within 24 hours of notice shall be considered a violation subject to a penalty under subsection (j) hereafter.

(g) Revocation of Permit. Any permit granted pursuant to the provisions of this Section may be subject to revocation for cause by the Building Commissioner including, but not limited to the failure to comply with this section or any other applicable provisions of the Macedonia Codified Ordinances.

(h) Exclusions:

(1) The provisions of this Section shall not be applied to attended donation facilities (including trailers) which may otherwise be authorized under other provisions of the Codified Ordinances of the City.

(2) The provisions of this section shall not be applied to recycling receptacles for the principal use of the owner(s) or occupant(s) of the property.

(i) Permit Fee. The permit fee required by this section shall be set by the Building Commissioner and listed on the donation box permit application form. Building Commissioner may waive permit fee for 501.3c designed, nonprofit organizations.

(j) Penalty. Whoever violates any provision of this section, and upon conviction, shall be guilty of a minor misdemeanor for a first offense, and a misdemeanor of the fourth degree upon conviction of a second offense or more. Each day that the violation continues shall be a separate offense.

(Ord. 97-2015. Passed 10-8-15.)

1172.01 PURPOSE.

(a) The purpose of the regulations in this chapter is to provide criteria to be used by the City Architect and the City Planning Commission when evaluating the appropriateness of proposed development in the City of Macedonia so that future developments, when determined to comply with these standards, will: maintain the appearance and character of properties, protect the real estate within the City from impairment or destruction of value, and protect the public health, safety, convenience and welfare of the residents of the City of Macedonia.

(b) It is the further purpose of this chapter to establish additional standards for the Town Center area to maintain and foster the general architectural characteristics common to the Western Reserve area which is the prevailing character established by the development that has recently occurred in the Town Center area. The uniqueness of this prevailing character of the area will be enhanced through the use of certain finish materials, window/door location and decoration, roof materials and styles and other building elements as set forth herein. The general boundaries of the Town Center area are described in Section 1172.03(a).

(Ord. 13-1995. Passed 3-9-95.)

1172.02 APPLICABLE CITY-WIDE STANDARDS.

(a) The following standards shall apply to the design and appearance of all new construction or building renovation other than for single family residential structures. As a consideration, during site plan review, pursuant to Section 1137.05(c), the Planning Commission shall determine if the proposal complies with the following standards:

(1) The height, width and general proportions of the structure shall complement adjacent buildings so that an overall harmonious appearance is created.

(2) Materials shall be appropriate for the structure and the use therein. Materials shall be weather-resistant. The materials shall be compatible with and not in stark contrast to the materials used on adjacent structures.

(3) Colors and textures shall be appropriate for the size and scale of the proposed structure and shall be harmonious with adjacent structures.

(4) The materials, colors and finishes used for screening roof top mechanical equipment and other surface equipment shall be consistent with the primary structure and, to the extent practicable, such screening shall be designed as an integral part of the architecture of the building.

(5) Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural details and ornamentation, including those used on adjacent structures.

(6) Landscaping shall be designed to:

A. Maintain an appropriate proportion of deciduous and non- deciduous trees.

B. Be in such locations, scale and amounts to be integrated with the building design.

C. Clearly designate entrances/exits.

D. Reasonably screen paved area from the street through the use of mounding, the land's natural topography, and/or adequate vegetation.

(7) The parking, to the extent feasible, shall be located behind the front wall of the building. Only circulation drives, when necessary, will be permitted in front of the building.

(8) Approches, drives and parking areas shall be of appropriate size and scale in relation to the appearance of the proposed development from public rights-of-way, adjacent property and the internal portion of the site itself. Such appropriate scale shall be achieved by the width of approaches and drives, by having adequate but not excessive parking, and by using landscaping within large parking areas.

(9) Buildings shall be oriented in relation to proposed grading, natural features and to existing structures on and adjacent to the site to maintain:

A. Satisfactory proportions and scale;

B. Reasonable light and air; and

C. Privacy, as appropriate.

(10) The following styles and materials are inappropriate and shall be discouraged from use and will generally be unacceptable:

A. Attached mansard roof for one-story structures which are residential in character;

B. Pre-engineered metal buildings (e.g., "pole buildings").

C. Exposed concrete or cinder block on the front or sides of any building (except split face, ½ high or other special "architecturally patterned" block).

D. Stucco commonly known as "dryvit". (Unless it is utilized with bands of accent color, recessed or protruding belt courses, wide reveals or combinations thereof).

E. Sheet metal except as rain gutter/downspouts; exposed unstained wood; exposed steel nails; vinyl siding; and flimsy vertical wood siding (e.g., T-111); large expanses of flat concrete, or concrete block.

(Ord. 13-1995. Passed 3-9-95.)

1172.03 APPLICABLE TOWN CENTER STANDARDS.

(a) These standards shall apply to the design and appearance of all new construction or building renovation other than non-single family structures, located in the Town Center area which is:

(1) The area bounded on the west by the Macedonia Corporation line from Aurora Road (S.R. 82) to a point 400' south of the centerline of Highland Road, then following a line parallel to Highland Road in an easterly direction to its intersection with S.R. 8, then following S.R. 8 in a northwesterly direction to its intersection with I-271, the following I- 271 in a northeasterly direction to its intersection with Aurora Road (S.R. 82), then following Aurora Road (S.R. 82) in a westerly direction to its intersection with the Macedonia Corporation line;

(2) And also including all of the business districts contiguous and to the north of Aurora Road and west of I-271;

(3) And the area bounded on the west by I-271 from Aurora Road (S.R. 82) to a point approximately 1900' south fo Aurora Road (S.R. 82), then following a property line in an easterly direction approximately 450' to a point, then following a property line in a northerly direction approximately 175' to a point, then following a property line in an easterly direction approximately 1000' to its intersection with Bedford Road, then following Bedford Road in a northerly direction to its intersection with the Pennsylvania Railroad in a southeasterly direction approximately 1300' to a point, then following a property line in a northeasterly direction to its intersection with Valley View Road, then following Valley View Road in a southeasterly direction approximately 1550' to a point, then following a property line perpendicular to Valley View Road approximately 400' to a point, then continuing in a northerly direction to the intersection of Aurora Road (S.R. 82), then following Aurora Road (S.R. 82) in a westerly direction to its intersection with I- 271;

(4) And also including all of the business districts contiguous and to the north of Aurora Road (S.R. 82) and east of I-271;

(5) And the area beginning at a point which is approximately 700' north of Highland Road and following S.R. 8 in a southeasterly direction approximately 1600' to a point, then following the border of the L-I District in a northeasterly direction approximately 500' to a point, then following a property line in a northwesterly direction approximately 500' to its intersection with Highland Road, then following Highland Road in a westerly direction approximately 300' to a point, then following a property line in a northerly direction approximately 600' to a point, then following the rear property lines of Highland Road lots in a westerly direction approximately 1250' to its intersection with S.R. 8.

(b) These standards shall apply to the area in subsection (a) above and shall be in addition to the regulations contained in Section 1172.02:

(1) Materials shall be used which contribute to the Western Reserve architectural character. Examples of such contributing materials include:

A. Red/rose brick exterior;

B. Sandstone;

C. Horizontal wood clapboards for siding;

D. Cedar shingles; and

E. Painted trim woodwork.

(2) Conversely, the following materials are not consistent with the Western Reserve architectural characteristics, and, therefore, are considered inappropriate for use:

A. Mirrrored/refective glass unless they are small components of the building and are designed and located within the context of the Western Reserve theme;

B. Concrete block;

C. Stucco (e.g., "dryvit") or similar large expanse of material unless it is utilized with belt courses, joints, contrasting materials, exposed structural elements, or similar design features.

D. Roof materials, bright or primary roof colors, and/or awnings which are in stark contrast to other structures in the Town Center District and/or the design of the proposed structure.

(3) The building shall be designed with some, but not necessarily all, of the following details to achieve the characteristic of the Western Reserve:

A. Gable roof often facing the street;

B. Decorative lintels over windows/doors constructed with sandstone, wood or similar material;

C. Multi-paneled windows with shutters (when the windows are an appropriate size suitable for such shutters) painted in contrasting colors;

D. Decorative cornice area (area where the roof meets the exterior wall or columns);

E. Prominent columns or pilasters;

F. Prominent main entrances to buildings with large doors and "framing" devices such as peaked roof forms, porches or recesses;

G. Decorative cupolas commonly found on many religious structures in the area; and

H. Decorative quoins.

(4) Conversely, the following do not contribute to the Western Reserve characteristics and, therefore, are considered inappropriate for use:

A. A single story structure with a flat roof and minimal or no detail;

B. Large single paned windows which occupy most of the exterior wall; and

C. Roof forms such as low gable, free-form, A-frame and geometric shapes.

(Ord. 13-1995. Passed 3-9-95.)

1172.04 INTERPRETIVE ILLUSTRATIONS FOR DESIGN STANDARDS.

The Planning Commission and Zoning Inspector may prepare from time to time or authorize the preparation of illustrations which interpret design and construction standards in Sections 1172.02 and 1172.03. Such illustrations may include drawings, photographs of acceptable projects in Macedonia and elsewhere, and/or drawings or photographs of projects which have been approved pursuant to these regulations. Any such interpretive illustrations may be approved by a majority vote of the Planning Commission and, when approved, shall be considered administrative guidelines which assist in the interpretation of these design and construction standards.

(Ord. 13-1995. Passed 3-9-95.)

1173.01 PURPOSE.

The purpose of this chapter is to provide for the eventual and equitable elimination of uses that do not conform to the existing zoning, but which were in operation prior to the enactment of the Zoning Ordinance.

(Ord. 30-1982. Passed 6-10-82.)

1173.02 REGULATIONS.

The lawful use of any building or land existing at the effective date of the Zoning Ordinance supplement or amendment thereto may be continued although such use does not conform with the provisions of the Zoning Ordinance provided the following conditions are met:

(a) Alterations. No existing building or premises devoted to a use or having site conditions not permitted by the Zoning Ordinance in the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless the use or site condition is changed to a use or site condition permitted in the district in which the building or premises is located.

(b) Restoration. When a building or use which does not conform to the provisions of the Zoning Ordinance is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its reproduction value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.

(c) Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months or more, such nonconforming use shall not be reestablished, and any further use shall be in conformity with the provisions of the Zoning Ordinance.

(d) Construction Approved Prior to Ordinance. Nothing in the Zoning Ordinance shall prohibit the completion of construction and use of nonconforming building for which a zoning certificate has been issued prior to the effective date of the Zoning Ordinance, provided that construction is commenced and completed within six months after the issuance of such certificate.

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

(f) Illegal Nonconforming Uses. Nonconforming uses existing at the effective date of the Zoning Ordinance not established under existing zoning laws shall be declared illegal nonconforming uses and shall be discontinued within a period of two years following the effective date of the Zoning Ordinance.

(g) Unsafe Structures. Nothing in the Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

(h) Certificate of Nonconforming Use. Within one year of the effective date of the Zoning Ordinance the Zoning Inspector shall issue a Certificate of Nonconforming Use to all known owners of legal nonconforming use property, the use of which does not conform to the provisions of the use zone in which the property is located. A copy of each Certificate of Nonconforming Use shall be filed in the office of the Board of Zoning Appeals, and a copy given to the Zoning Inspector.

(i) District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein.

(Ord. 30-1982. Passed 6-10-82.)

1173.03 CONTINUATION OF EXISTING USES CONDITIONALLY PERMISSIBLE.

All uses existing at the time of passage of the Zoning Ordinance and conditionally permissible in their respective districts under the Zoning Ordinance, shall be issued Conditional Zoning Certificates within one year after the passage of the Zoning Ordinance. The certificates shall be issued by the Planning Commission.

(Ord. 30-1982. Passed 6-10-82.)

1175.01 PURPOSE.

The principles established by this chapter shall be applied in establishing, setting and checking of grades for the construction of buildings in the City in order:

(a) To eliminate, as much as practically possible, unnatural drainage onto adjoining property;

(b) To reduce the amount of grading;

(d) To utilize natural contours to the extent possible so that land can be drained without excessive grading;

(e) To preserve natural features to maintain interest in each neighborhood and to generate attractive building sites;

(f) To eliminate the possibility of a nuisance;

(g) To preserve and maintain good aesthetic values.

(Ord. 46-1978. Passed 6-8-78. )

1175.02 WORDS AND PHRASES.

As used in this chapter:

(a) Words and phrases shall have their ordinary meaning unless otherwise defined in Chapter 1133.

(b) "Engineer" means the City Engineer or a professional licensed engineer employed by the City.

(Ord. 46-1978. Passed 6-8-78.)

1175.03 SCOPE.

The provisions of this chapter shall be in addition to all other provisions, including fees, for obtaining a building permit required by the Zoning Ordinance and Building Code of the City. (Ord. 46-1978. Passed 6-8-78.)

1175.04 APPLICATION FOR BUILDING PERMIT.

Each application for a building permit shall be accompanied by not less than three copies of a topographical survey of the lot in such scale as designated by the Building Commissioner prepared by a registered professional engineer or a registered surveyor licensed by the State which survey shall include but not be limited to:

(a) Existing (natural grade) and proposed (finished grade) ground elevations:

(1) Along the property line;

(2) At the building line;

(3) Twenty-five feet plus or minus outside the property line;

(4) Next to adjacent structures;

(5) In the roadway ditch, if any;

(6) In the centerline of the street; and

(7) At any other location necessary to depict the proposed grading.

(b) Placement of proposed building, showing size, distances to property lines and street right of way.

(d) Designated permanent bench mark.

(e) Location and elevations of any swales, streams or natural water courses traversing or touching the property.

(f) Location of all utilities.

(g) Any other information relative to the proposed construction consistent with the objectives of this chapter.

(Ord. 46-1978. Passed 6-8-78.)

1175.05 EXCEPTIONS.

(a) If all of the information required by Section 1175.04 is already shown on the architectural drawings of the structure, it will not be necessary to submit separate surveys.

(b) On an application for a permit for an accessory building or an addition to an existing building, the Inspector may waive the requirements for a topographical survey, if, in his opinion, such survey will serve no useful purpose. Such waiver shall be in writing and a copy shall be filed with the application.

(Ord. 46-1978. Passed 6-8-78.)

1175.06 FEES.

Council shall by ordinance establish a schedule of fees for inspecting and establishing grades required by this chapter. The schedule of fees shall be posted in the office of the Building Commissioner and may be amended or altered only by Council. The City Engineer shall not commence checking the topographical survey until such fees have been paid.

(Ord. 40-1990. Passed 5-10-90.)

1175.07 REVIEW OF PROPOSED GRADES.

(a) The Building Commissioner shall refer surveys, drawings and other pertinent data to the Consulting Engineer appointed by the City to check the grades for the property.

(b) The proposed grades shall be checked by applying the objectives and criteria established in Section 1175.01 together with due consideration of the finished grades of adjoining premises, the location of public utilities in relation to the premises being improved, the contemplated use of the premises and the potential of undeveloped adjoining properties, if any, under applicable zoning regulations. If the proposed grades do not conform to the requirements of this chapter then the City shall establish or set the grades.

(Ord. 46-1978. Passed 6-8-78.)

1175.08 APPEALS.

Any person dissatisfied with the grades finally established or set by the City, may appeal to the Board of Zoning Appeals in accordance with the procedure and requirements of Chapter 1135.

(Ord. 46-1978. Passed 6-8-78.)

1175.09 POWERS AND DUTIES OF BUILDING COMMISSIONER.

(a) Any owner, lessee or occupier of land intending to perform substantial grading incidental to an open land use of the premises only, shall first make application to the Building Inspector. Such grading is subject to the requirements of this chapter.

(b) The Building Commissioner shall cause inspection to be made of all grading. When the grading is found to be in violation of this chapter, upon notice from the Building Commissioner, all construction shall cease. Failure to bring the property into compliance with this chapter within thirty days after such notice shall be a violation of this chapter.

(Ord. 46-1978. Passed 6-8-78.)

1175.10 BUILDING PERMIT REQUIRED,

(a) No person, firm or corporation intending to construct a building shall commence grading and digging without first having obtained a building permit.

(b) No person, firm or corporation shall perform substantial grading incidental to an open land use of the premises without first having obtained a building permit, limited to grading only, from the Building Commissioner.

(c) No person, firm or corporation having received a building permit or grading permit shall deviate from the grade prescribed or approved by the City Engineer.

(Ord. 46-1978. Passed 6-8-78.)

1175.99 PENALTY.

Any person, firm or corporation who violates this chapter is guilty of a fourth degree misdemeanor. If, upon thirty days after conviction such premises are not restored to the grade established by the City Engineer, then the person, firm or corporation shall be guilty of a first degree misdemeanor.

(Ord. 46-1978. Passed 6-8-78.)

1179.01 INTENT.

The City does not intend to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All regulations in this Chapter are to be construed, whenever possible, to protect the rights of residents and visitors to speak freely. All provisions of this chapter shall be interpreted in a content-neutral manner excepting those narrow, legally-recognized exceptions explicitly identified in this chapter. Specifically, the City desires to regulate aesthetics by limiting signage to primary and complementary colors only. The City views color regulations as a means to control aesthetics and maintain property values by avoiding extreme changes in color variety. The City views color regulations as being a content-neutral regulation.

Further, the intent of this chapter is to promote the general health, safety, and welfare of the residents of the City through the provisions to control the type, color, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among others, the following purposes:

(a) Enhance and protect the physical appearance of Macedonia.

(b) To provide for reasonable and appropriate methods for identifying establishments in office, business and industrial districts by relating the size, type and design of signs to the size, type and design of the office, business and industrial establishments;

(c) Prevent the erection of poorly constructed and unsafely located signs. Specifically, this Chapter endeavors to eliminate any conflict between traffic control signs and other signs which would be hazardous to the safety of the motoring public or pedestrian;

(d) Control the size, color, location and design so that the appearance of permanent signs will be aesthetically harmonious with their surroundings and property values are maintained, all in accordance with commonly accepted community planning and design practices, and the City's Master Plan.

(e) Ensure that signs are located and designed to reduce distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.

(f) Provide review procedures which enable the City to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings.

(g) Assure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment.

(h) Prohibit all signs not expressly permitted by this Chapter.

(i) Any adopted sign package for non-residential developments remain valid and have been previously adopted pursuant to the Macedonia Sign Code. Future amendments to existing sign packages shall comply with the provisions of this Sign Code. (Ord. 96-2019. Passed 1-9-20.)

1179.02 DEFINITIONS.

(a) General.

(1) "Sign" means any structure or any device attached to a structure, or painted, or represented directly or indirectly thereon intended to announce, direct or advertise. A sign may include banners, lights and other site or building features, and may be represented by words or letters, figures, symbols or characterizations, or other insignia or devices. Architectural features, either as part of the building or freestanding, are not considered signs and are thus exempt from these regulations. An architectural feature is any construction attending, but not an integral part of the sign, and which consists of landscape or building or structural forms complementing the site in general. A sign shall contain no moving parts except for changeable copy pursuant to Section 1179.11

(2) "Sign area or dimension".

A. For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area dimensions shall include the entire portion within such background or frame.

B. For a sign comprised of individual letters, figures or elements on a wall or similar surface, or an irregular shaped freestanding sign, the area of the sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements.

C. The sign area shall include the frame, but shall not include the pole or other structural support unless such pole or structural support is illuminated or otherwise so designated to constitute a display surface or device.

D. The height of a freestanding sign shall be measured from the average grade surrounding its point of attachment to the ground to the top of the highest most element. A wall sign or projecting sign shall be measured from the grade of the nearest street drive parking area or landscape surface.

E. A freestanding sign shall have no more than two (2) display surfaces provided that the two (2) display surfaces are arranged back-to-back and parallel to each other.

F. In the event there is a dispute in determining the sign area or any sign dimension, the Planning Commission shall have the responsibility for making such determination.

(3) "Building frontage" means the length of the building or unit of the building which faces the principal street or the length of the wall of the building or unit which contains the primary building entrance to the uses therein. In the case of an irregular wall surface, a straight line extended along such wall surface shall be used to measure the length. Only one outside wall of any business shall be considered its frontage.

(4) "Building unit" means that portion of a building which is owned or leased by a single tenant. The length of unit is that portion of the building so occupied by a single activity and calculated proportionally in the same manner as the building frontage.

(b) Definitions.

(1) “Banner” shall mean any sign of cloth, plastic, canvas or similar non-rigid material that is customarily mounted on the walls of buildings or upon the hard surfaces of other structures on property.

(2) “Billboard” shall mean any sign advertising, identifying or directing attention to any product, service, entertainment or commercial activity not offered upon the lot on which the sign is located.

(3) “Colors, primary” are red, yellow and blue. Complementary colors are orange, purple and green. Gray, white and black are included as complementary colors for the purposes of this definition.

(4) “Directional sign” means a sign directing or guiding traffic and parking on private property with no part of any such sign more than four (4) feet above grade.

(5) “Dynamic display” means any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input or any other method or technology that allows the sign face to present a series of images or displays. Dynamic displays, as defined above, include digital video displays and electronic message centers.

(6) “Flag” shall mean any sign of cloth or similar material, anchored along one side, displayed from a single pole, either freestanding or attached to a building

(7) “Free standing sign” means a sign which is supported from the ground or a structure, other than a building, or a pole. Signs supported by a pole are strictly prohibited.

(8) “Identification” means a sign intended to announce or promote the use, activity, service or business on the premises and which may contain the name of the use, business or facility; address; telephone number; identification of the principal products, services or activities offered; hours of operation; directory of occupants; or prices of products or services offered.

(9) “Instructional signs” means a sign intended to instruct employees, customers, or users as to specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; specific services offered, or methods of payments accepted. In residential districts, instructional signs may include security identification, no trespassing signs, signs identifying presence of animals, directing deliveries, etc.

(10) “Name plate” means a sign indicating only the name and address of the person, business, profession or activity occupying the lot, building(s) or part of the operation or maintenance of any equipment which is placed on the building or site.

(11) “Non-commercial opinion sign” means any sign which does not advertise a product, good, business or service; or expresses one or multiple messages on one or more issues; or promotes any candidate, party, issue, levy, referendum or other matter eligible to be voted upon in any general, primary or special election.

(12) “Pole Sign” shall mean any sign, other than a flag as herein defined, that is supported by a pole, poles, columns or other base or structure.

(13) “Portable” means a sign which is designed to be moved and is not permanently, or intended to be permanently, attached to a building, structure or the ground.

(14) “Project construction sign” means a temporary sign identifying the name of a subdivision, building or public works project or facility during the time of construction. Such signs may include a description of the project, give an address and telephone number of a contact person for more information and may list the project's professional firms (such as architects, engineers, developers and contractors).

(15) “Projecting” means a sign erected on the outside wall of a building and which projects out at an angle therefrom.

(16) “Real estate sign” means a sign which directs attention to the promotion, development, rental, sale or lease of the property on which the sign is located.

(17) “Required, (public safety) sign” means a sign erected by a public authority, utility, public service organization or private industry upon the public right of way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public services as determined by the ordinances of the City, the rules and regulations of other governmental agencies or through public policy.

(18) “Subdivision or project identification sign” means a sign identifying the name and address of a completed residential subdivision, a multiple family development, and/or office, industrial park or subdivision. Such a sign in an office complex or industrial park may include a directory of uses.

(19) “Temporary sign” means a sign of any type, intended for use for a limited period of time.

(20) “Wall sign” means a sign erected parallel to, or painted on the surface, or on the outside wall of any building, and not extending more than eighteen (18) inches therefrom, and which does not project above the roof line or beyond the corner of the building. A sign affixed to, or near, a window for the purposes of being visible to and read from the outside of the building and containing information typically found on identification or instructional signs shall, for the purposes of these regulations, be considered a wall sign.

(21) “Windblown devices” mean objects designed to inform or attract attention, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical or any other means.

(22) “Dynamic display” means any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input or any other method or technology that allows the sign face to present a series of images or displays. Dynamic displays, as defined above, include digital video displays and electronic message centers.

(23) “Vehicular sign” shall mean any sign attached or applied to a vehicle of any type and used primarily to identify, advertise or promote, excluding any signs on vehicles normally and regularly used and operated in the course of business.

(24) “Window sign” shall mean any sign in view of the general public appearing on a window surface or within up to twenty-four (24) inches of the window surface.

(Ord. 69-2020. Passed 1-14-21.)

1179.03 SIGN AREA MEASUREMENT AND BASIC REGULATIONS.

The following regulations shall control the computation and measurement of sign area, sign height, window area, and building frontage:

(a) Determining Sign Area or Dimension.

(1) Sign area shall include the entire face of the sign. Sign area shall not include the frame and structural support unless such structural support is determined to constitute an integral part of the sign design;

(2) For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of one (1) rectangular shape that encompasses the entire background or frame; and

(3) For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements. Incidental letters or symbols (e.g., the "y" in Payless shoes) that fall outside the geometric shape used to calculate area shall not be used.

(4) For freestanding signs and projecting signs:

A. The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel, or within thirty (30) degrees of being parallel to each other and are at no point separated by a distance that exceeds two feet apart; and

B. No more than two (2) display faces shall be permitted.

(b) Determining Sign Height. The height of a sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the calculated sign area. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign.

(c) Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street, that faces a public parking lot, or that contains a public entrance to the uses therein shall be considered the building frontage. See subsection 1179.03(c)(5) and (6) below.

(1) Each building frontage shall be entitled to the sign area permitted in this Chapter. However, there shall be no more than one (1) sign on each building frontage, excluding window signage;

(2) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls;

(3) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length;

(4) For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit;

(5) The primary frontage shall be the portion of a frontage that serves as the main access point to a building or building unit. A site/building will be considered to have secondary frontage when any of the following site/building characteristics are present:

A. The subject site is a corner lot;

B. The primary parking area is not located adjacent to a public street; and,

C. The building or unit has walls with ingress and egress that do not face the public street.

(6) When a site has primary and secondary frontage as defined in subsection 1179.03(c)(5), the property owner shall determine which wall shall be the primary building frontage and which wall(s) shall be the secondary building frontage; and

(7) Only one outside wall of any business shall be considered its primary frontage.

(d) Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than fifteen (15) feet in height above grade.

(e) Signs Permitted by Zoning District - Table A. Signs as classified by type according to Table A.

(f) Maximum Area Regulations.

(1) Signs in the respective zoning districts shall conform to the maximum area requirements specified in this Code; and

(2) The maximum permitted area for identification signs is two square feet for each lineal foot of building frontage. This maximum area applies to the total of all types of identification signs (wall, projecting or freestanding) nameplates, instructional signs, directional signs subject to the following exemptions:

A. Directional signs clearly intended to direct traffic and which have an area less than four (4) square feet per sign face;

B. Instructional signs;

C. Nameplates, when they are separate from identification signs, are located near the main entrance, are wall (including window) signs, only contain the street number and name of the establishment and shall not exceed two (2) square feet;

D. Required public safety signs. Such signs shall comply with the regulations set forth in the Manual for Uniform Traffic Control Devices; and

E. Temporary signs.

(3) Except for signs in windows or on doors there shall be no more than one identification sign on each building face entitled to have identification.

(4) For multiple-family or institutional uses, the Zoning Administrator or Planning Commission, as authorized, may approve greater areas for identification signs if they determine, because of the large size of the facility and its site, that the proposed larger sign will be consistent with the objectives, intent and criteria of this chapter.

(g) Maximum Height for Freestanding Signs - Table B. The maximum height of freestanding signs, when permitted, shall conform to the standards of Table B.

(Ord. 96-2019. Passed 1-9-20.)

1179.05 EXEMPT AND PROHIBITED SIGNS.

The following signs are deemed either exempt from the provisions of this Chapter or they are specifically prohibited.

(a) Exempt Signs.

(1) Public Signs. Any sign displaying a public notice or warning required by a valid and applicable federal, state, or local law, ordinance, or regulation;

(2) Building Marker;

(3) Flags of any nation; government or non-commercial organization;

(4) Any sign inside a building that is not attached to the window or door and is not legible from a distance of more than three feet beyond the lot on which the sign if located;

(5) Any work of art that does not display a commercial message;

(6) Any religious symbol that does not display a commercial message;

(7) Any traffic control sign, such as "STOP" or "YIELD," located on private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message; and

(8) Instructional signs provided such signs comply with the following:

A. Instructional signs shall be clearly intended, designed and located for instructional purposes, as determined by the Building Commissioner;

B. Each sign shall not be larger than four (4) square feet to serve the intended instructional purpose;

C. The sign is not in a location and does not possess design characteristics that constitute or serve the purposes of an identification sign; and

D. If the Building Commissioner or his/her designated representative determines that the proposed sign(s) does not serve instructional purposes, it shall be considered a freestanding or wall sign, as applicable, and subject to the pertinent regulations in this Chapter.

(b) Prohibited Signs. All signs not expressly permitted in this chapter shall be prohibited in the City. Such signs include but are not limited to the following:

(1) Flashing, animated, or moving signs of any sort, revolving signs and dynamic display signs that include digital video displays. Dynamic displays that include electronic messages (but no video) are permitted subject the regulations contained in Section 1179.11 of this chapter;

(2) Dynamic displays (electronic messages and video display) in residentially zoned districts regardless if the subject site is commercially used;

(3) Gas or air-filled balloons, search lights, or streamers associated with advertising purposes.

(4) Pole signs, as defined in Chapter 1133 of the Planning and Zoning Code;

(5) Roof signs, as defined in Chapter 1133 of the Planning and Zoning Code;

(6) Off premises signs are prohibited in all zoning districts. Signs may only be located on the building or premises containing the activity that is being advertised, as further specified within this ordinance;

(7) Neon signs except as defined in Section 1179.13(l);

(8) Signs painted, attached, embossed or affixed to a permanent or retractable awning are prohibited; and

(9) Signs in right of way, with the exception of public signs and traffic control signs as defined in Section 1179.05 (a). This includes placement of signs in the tree lawns or upon utility and traffic signal poles.

(Ord. 96-2019. Passed 1-9-20.)

1179.07 SUPPLEMENTAL REGULATIONS.

Requirements for Freestanding Signs in Business and Industrial Districts.

(a) Freestanding signs are only permitted when the principal building is set back from the street right of way a minimum of twenty-five (25) feet and the site has a minimum lot frontage of 100 feet;

(b) One freestanding identification sign, with a maximum area of forty (40) square feet per sign face, is permitted per project or development, except for facilities on corner lots, bonuses established for large lots, and bonuses and requirements for changeable copy signs pursuant to subsection (b);

(c) Freestanding signs shall be set back at least five (5) feet from the right-of-way and from the pavement of an entrance/exit drive. All signs shall be placed so as not to obstruct: sight lines for motorists or pedestrians; fire lanes, exits or standpipes for emergency-response vehicles; or any window such that light and/or ventilation is reduced below minimum standards required by any applicable law or building code.

(d) Corner lots. One additional freestanding sign may be permitted for a corner lot provided that the corner lot has a total frontage, on both street frontages, of at least 300 feet; the second freestanding sign is clearly located to provide identification along the secondary street; and the total area of both freestanding signs shall not exceed seventy-five (75) feet square feet. Two (2) signs may only be utilized when spaced a minimum of 200 feet apart as measured along the street right of way. The two (2) signs may be aggregated into a single sign at the corner provided that the area of the single freestanding sign face shall not exceed sixty (60) square feet;

(e) Multiple-tenant Facilities. When a freestanding sign is permitted on a site with more than one tenant, it is the property owner's responsibility to determine the sign area devoted to tenants.

(f) Additional Allowances for Identification Signs in Business and Industrial Districts.

(1) Corner lots and side and rear entrances. For any use which is on a corner lot or has a customer entrance facing a parking lot (when such parking lot does not face the main street), the maximum allowable area for identification signs may be increased for each such additional frontage. The increase for each such frontage shall be equal to forty percent (400/4) of the allowable sign area if the additional frontage were considered the principal frontage. However, no sign area on any bonus frontage shall exceed one (1) square foot per lineal foot of frontage, or in any case, exceed seventy-five (75) square feet;

(2) Large building setbacks. The maximum allowable area for identification signs may be increased by one-half (½) square foot of sign area for each foot of building frontage when the principal building is more than 200 feet from the principal street on which the building is located;

(3) Large lots.

A. The allowable area of any freestanding sign may be increased by ten square feet of area for every 100 lineal feet of lot frontage, or fraction thereof, greater than 300 lineal feet;

B. The total allowable area, according to the provisions of this section, may be distributed to one freestanding sign for each 250 feet of the lot frontage or fraction thereof; and

C. The maximum area of a single freestanding sign shall, however, in no case exceed sixty (60) square feet.

D. A future subdivision of a large lot (as defined by this section) shall not be approved unless all signs existing prior to the subdivision comply with the requirements of the resulting sublots.

(4) Window signs.

A. Ground Floor Occupants. A window sign shall not exceed twenty-five percent (25%) of the total glass area of the ground floor windows; and

B. Upper Story Occupants. For a multi-story building, each occupant above the ground floor shall be permitted one (1) permanent sign to be placed in a window of the occupant's space, not to exceed four (4) square feet or twenty-five percent (25%) of the area of the window in which the sign is placed, whichever is smaller. These signs shall be in addition to the maximum allowable area for building signs pursuant to Section 1179.03(b).

Requirements for Residential Subdivision/Project Identification Signs

(g) There shall be a maximum of two (2) signs to identify a residential project, whether single or multi- family. Two (2) signs are only permitted when the development contains two separate entrances.

(h) The maximum area shall be twenty-four (24) square feet exclusive of the sign supports or wall. The overall maximum area of the sign shall not exceed fifty (50) square feet. inclusive of the sign supports or wall.

(i) Signs must only contain channel letters and cannot be cabinet style signs. The use of dynamic displays for residential developments is prohibited.

(j) Signs can be illuminated by ground lights directed at the sign message. Landscaping must be integrated into the signage design and approved by the Planning Commission.

(k) Signs. inclusive of their supports and columns cannot exceed eight (8) feet tall.

(l) Signs shall be set back at least five (5) feet from the right-of-way and from the pavement of an entrance/exit drive. All signs shall be placed so as not to obstruct: sight lines for motorists or pedestrians; fire lanes. exits or standpipes for emergency-response vehicles; or any window such that light and/or ventilation is reduced below minimum standards required by any applicable law or building code. (Ord. 96-2019. Passed 1-9-20.)

1179.09 TEMPORARY SIGNS.

(a) Temporary signs shall comply with all applicable provisions of this Chapter regarding safety, maintenance and other prohibitions, and shall also comply with the additional conditions and requirements contained in this Section. Temporary Signs on Residentially Zoned Property.

(1) The only types of temporary signs that are permitted are ground signs and window signs. All other types of signs are prohibited.

(2) All parcels are permitted one (1) ground sign or one (1) window sign for the purpose of advertising the premises on which it is maintained as being improved, approved for development and under construction, or for sale or lease, provided:

A. They may remain for a period of no longer than two (2) weeks from the date the improvement, sale or lease is completed.

B. A ground sign shall not exceed twelve (12) square feet, and four (4) feet above grade, and shall be set back a minimum of five (5) feet from any public right-of-way.

C. A window sign shall not exceed eight (8) square feet.

D. Neither ground signs nor window signs may be illuminated.

(3) All parcels are permitted one (1) ground sign or one (1) window sign to express a "non- commercial opinion." The message on any non-commercial opinion sign may be periodically changed. or the sign may be replaced with another non-commercial opinion sign provided such replacement sign conforms to the size. height and location criteria set forth below:

A. A ground sign shall not exceed twelve (12) square feet. four (4) feet in height above grade. and shall be set back a minimum of five (5) feet from any public right-of-way.

B. A window sign shall not exceed eight (8) square feet.

C. Non-commercial opinion signs may not be illuminated.

(4) In addition to the above. properties may have five (5) non-commercial opinion sig/\s subject to:

A. Such signs cannot be erected earlier than thirty (30) days before the date of the corresponding event and shall be removed no later than one (1) week following the date the corresponding event concludes.

B. Such signs shall not exceed twelve (12) square feet, not exceed four (4) feet in height above grade, and shall be set back a minimum of five (5) feet from every right of way.

C. Non-commercial opinion signs may not be illuminated.

(b) Temporary Signs on Non-Residentially Zoned Property.

(1) Regulations applicable to all temporary signs on non-residential property, except as regulated by subsection 1179.09(b)(3):

A. Type: The only types of temporary signs that are permitted are ground signs, wall signs and banners. All other types of temporary signs are prohibited.

B. Location: Temporary ground signs shall not be permitted within five (5) feet of the right-of-way, nor shall they be permitted in any required parking area, drive or loading area. Temporary signs shall comply with all provisions of this Chapter.

C. Temporary wall signs shall not extend more than six (6) inches from any wall or structure upon which they are erected. Wall signs and banners shall be building mounted and single-faced. No signs shall be attached to light poles. fixtures, mechanical equipment, fences, dumpsters, or landscaping. No signs shall be attached to any permanent sign or sign base.

D. Maximum Area: Ground, wall and banner signs shall be a maximum of twelve (12) square feet.

E. Maximum Height: Ground signs shall be a maximum of six (6) feet above grade. Wall signs and banners shall not be attached to any roof or roof element and must be a minimum of two (2) feet below the top of the surface to which they are attached.

F. Design: Temporary signs must be professional in appearance and fabricated from durable and weatherproof materials.

G. Illumination of temporary signs is prohibited.

H. Changeable copy/text is prohibited on temporary signs.

(2) Additional regulations applicable to temporary signs advertising approved development under construction, the improvement, sale or lease of property that are erected on non-residential property:

A. Maximum Number Permitted: One sign per street frontage is permitted. but not to exceed two.

B. Maximum Permitted Duration: Must be removed one (1) week after sale of real estate, the full occupancy of all leased space, or the completion of improvement.

C. The Zoning Inspector shall order any sign to be removed if the work is taking an unusually long time for the task or if there is a work stoppage for reasons other than "normal" weather interruptions. Normal weather interruption does not include shutdown for the winter.

(3) In addition to the above, properties may have five (5) non-commercial opinion signs subject to the following:

B. Such signs shall not exceed twelve (12) square feet not exceed four (4) feet in height above grade, and shall be set back a minimum of five (5) feet from every right of way.

C. Non-commercial opinion signs may not be illuminated.

(Ord. 96-2019. Passed 1-9-20.)

1179.11 DYNAMIC DISPLAYS AND CHANGEABLE COPY SIGNS.

The intent of this section is to set forth regulations specific to signs in which the copy (lettering) is not permanent but rather can be changed either by use of electronics or by manually changing the text. Below is a description of each method and specific regulations pertaining to them.

(a) Changeable Copy Signs (Manual Devices). For the sole purpose of permitting areas for changeable copy, the size of a permanent freestanding sign, otherwise permitted by these regulations, may be increased by an additional twenty (20) square feet provided that the maximum height from the ground to the top of the sign shall not exceed eight feet.

(1) For the purpose of these regulations a changeable copy sign is a sign, or any portion thereof, where the message or graphics are not permanently affixed to the structure, framing, or background and may be periodically replaced, or covered over manually. The changeable copy portion of a sign shall comply with all other regulations of this Code including the design standards of Section 1179.13; and

(2) When reviewing the proposed sign, the Planning Commission shall consider and establish the standards applicable for the changeable copy which may include, but are not limited to: determining the portion of the sign permitted for changeable copy; determining the suitable material and method for making changes and the manner for fastening the new copy; and establishing the color and design criteria. These standards shall be set forth in the sign permit and shall apply for the life of the sign unless otherwise amended by the Planning Commission pursuant to the administrative procedures of Section 1179.15.

(b) Dynamic Displays (Electronic Message Centers). Dynamic displays are defined in Chapter 1133 of the Code. Specific regulations of these signs are enumerated below:

(1) Dynamic displays are allowed only on monument/free-standing signs in commercial and industrial districts. Dynamic displays located in commercial/industrial districts but that are located within 100 feet of a residential zoning district must adhere to additional requirements set forth in subsection (b)(9) hereof. The required setback for a dynamic display shall comply with Section 1179.07(c) of the Code;

(2) Dynamic displays may occupy no more than thirty percent (30%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face and only one sign per property is permitted;

(3) A dynamic display may not change or move more often than once every twenty (20) seconds, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. The time, date, or temperature information itself may change no more often than once every three (3) seconds;

(4) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects;

(5) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign;

(6) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of twenty-five (25) to thirty-four (34) miles per hour, nine inches on a road with a speed limit of thirty-five (35) to forty-four (44) miles per hour, twelve (12) inches on a road with a speed limit of forty-five (45) to fifty-four (54) miles per hour, and fifteen (15) inches on a road with a speed limit of fifty-five (55) miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under subsection (b)(l) hereof, then no dynamic display is allowed;

(7) Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the City that it is not complying with the standards of this chapter;

(8) Dynamic displays must comply with the following brightness standards:

A. Dynamic displays must be designed to automatically adjust the brightness levels of the sign in response to ambient conditions. This requirement ensures the readability and brightness levels of the sign during the day and night;

B. Lighting levels shall not exceed one (1) foot-candle at the property line of the site utilizing the dynamic display;

C. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads;

D. No sign may be brighter than is necessary for clear and adequate visibility;

E. No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle;

F. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal; and

G. The City may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this chapter.

(9) Dynamic displays located within 100 feet of a residentially zoned district shall be located away from said district and the lighting levels from the display cannot exceed 0.5 foot-candle at the property line of the site utilizing the dynamic display and:

A. The sign shall be designed with sufficient landscaping so as to properly screen it from the residential district; and

B. The sign shall be located on the site in the best possible manner to avoid any visual obstruction to the neighboring residential properties.

(c) Review Authority. Both changeable copy signs and dynamic displays are subject to the review and approval of the Planning Commission. Any person not satisfied by the action of the Planning Commission can appeal to the Board of Zoning Appeals for a variance.

(Ord. 96-2019. Passed 1-9-20.)

1179.13 DESIGN AND CONSTRUCTION STANDARDS

In addition to assuring compliance with the numerical standards of these regulations, the Building Commissioner or designated representative and the Planning Commission, as authorized, with the advice of the City Planner, shall consider the proposed general design, arrangement, texture, material, colors, lighting, placement and the appropriateness of the proposed sign in relationship to other signs and the other structures both on the premises and in the surrounding areas, and only approve signs which are consistent with the intent, purposes, standards and criteria of the sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited to:

(a) The lettering shall be large enough to be easily read but not out of scale with the building or site;

(b) The number of items (letters, symbols, shapes) shall be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility;

(d) Whether the sign complements the building and adjacent buildings by being designed and placed to enhance the architecture;

(e) Whether the sign is consolidated into a minimum number of elements;

(f) Signs shall have an appropriate contrast and be designed with primary and complimentary colors only. Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block. Continuity of design means uniformity of background colors or harmonious use of a limited range of complementary background colors;

(g) Visible frames or supports for projecting and wall signs shall be designed to be compatible with the building and other signs in the area.

(h) A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance;

(i) All signs in businesses and industrial districts may be illuminated provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists or as to create reasonable objection from adjacent residential districts.

(j) Signs illuminated by electricity, or equipped in any way with electric devices or appliances, shall conform with respect to wiring and appliances, to the provisions of the City's Codified Ordinances and any other State or local laws relating to electrical installation. Neon tubing may be powered by milliampere transformers only when such tubing is used to back light silhouetted letters or for the internal illumination of plastic face signs or letters. Such tubing shall not be visible to the eye and shall not be closer than one (1) inch to the plastic face or letter of any sign;

(k) All signs shall be made, constructed and erected in a professional and workmanlike manner and with materials which are durable for the intended life of the sign. Signs should be constructed with a minimum of different material types so as to provide a consistent overall appearance; and

(l) The Planning Commission and/or Building Commissioner may authorize the preparation of illustrations which interpret these design and construction standards. Such illustrations may include drawings, photographs of signs in Macedonia and elsewhere, and drawings or photographs of signs which have been approved pursuant to these regulations. Any such interpretive illustrations shall be considered administrative guidelines which assist in the interpretation of these design and construction standards. Any sign proposed which is consistent with these illustrations shall be in prima facie compliance and be subject to further review by the Building Commissioner or the Planning Commission to assure full compliance with these regulations.

(Ord. 96-2019. Passed 1-9-20.)

1179.15 ADMINISTRATIVE PROCEDURES.

The following is a description of the sign review procedures for all signs requiring a permit through Administrative or Planning Commission approval. A permit is required to erect any sign, except temporary signs, in single-family districts, and no permit shall be issued until such sign has been reviewed according to the following:

(a) The Planning Commission, with the advice of the City Planner, shall have the responsibility to approve and authorize issuance of permits for the following signs found in compliance with this Chapter:

(1) Directional signs with logos, or emblems;

(2) Identification signs, including all freestanding signs and wall signs, changeable copy signs and dynamic displays; and

(3) Subdivision or project identification signs.

(b) The Building Commissioner or his/her designated representative shall have the responsibility to review and approve (or disapprove):

(1) Directional signs which have no logo or emblem;

(2) Construction signs;

(3) Instructional signs (in business and industrial districts); and

(4) Real estate signs (except for sale or rent of single-family homes or sublots);

(5) Temporary signs provided that the Building Commissioner or his/her designated representative may refer the decision on any of the above signs to the Planning Commission for consideration if a determination is made that the sign, as proposed, is more appropriately the responsibility of the Planning Commission.

(d) Application Requirements and Procedures. An application for a sign permit shall be made to the Building Commissioner or his/her designated representative. The application shall include two (2) copies; one (1) copy depicting the actual colors of the building and sign(s) (either drawing or photo) with the second copy at 8-1/2" x 11" size and suitable for reproduction. The application shall present the sign(s) in a manner which best illustrates how the sign(s) will be experienced by the public after it is erected on the site. Specifically, the application shall include:

(1) A complete and scaled site plan showing the location of the sign and its relationship to the building, the site, the adjacent parcels, and parking lots, drives and sidewalks; and

(2) Detailed drawings showing the design of the sign, including size, color, design and other graphic features of the applied lettering and background, and materials of the signs, the frame and supporting structure.

(e) The Building Commissioner or his/her designated representative shall review the application submitted to assure that it complies with all applicable numerical standards and submission requirements of this chapter.

(1) If the application does not comply, it shall be disapproved and returned to the applicant with written notation indicating the sections with which the application does not comply; and

(2) When the request/proposal complies with the Code, then the application, as required by subsection (a) hereof, shall be:

A. Reviewed and approved by the Building Commissioner according to the provisions of this chapter; or

B. Referred to the Planning Commission for consideration.

(f) For signs requiring Planning Commission review, the application must be received by the Building Commissioner or his/her designated representative according to an administratively approved timetable for submittal.

(1) If the sign application is disapproved by the Planning Commission, upon request of the applicant, the reasons for disapproval shall be conveyed to the applicant in writing within five (5) business days. Citing reasons for disapproval, the Commission may suggest modifications which, if incorporated by the applicant, could bring the sign into compliance with this chapter; and

(2) For multi-tenant buildings in business or industrial districts, the Planning Commission may approve with the development plans for new buildings, or at the time a specific sign request is made for a tenant identification sign in an existing building, basic sign parameters as to the location, size and style of each tenant sign and authorize the Building Commissioner or his/her designated representative to specifically approve the subsequent individual tenant signs upon specific application when such proposed signs comply with the parameters established by the Commission.

(g) All sign applications may be subject to review by various City administrative departments. Any sign deemed to be a traffic hazard by either the Police Chief, the Building Commissioner or his/her designated representative or Mayor shall be denied.

(h) Board of Building and Zoning Code Appeals.

(1) Disapproval of any sign application according to the provisions to this chapter may be appealed to the Board of Building and Zoning Code Appeals and subject to the review criteria set forth in Chapter 1135 of this Code.

(i) Violations. Any person violating this section is guilty of a misdemeanor of the second degree on the first offense, and a misdemeanor of the first degree on any subsequent offense. Each and every day during which such illegal placement continues shall be deemed a separate offense.

(j) Maintenance.

(1) The property owner is required to maintain the sign in a condition fit for the intended use and in good repair, and has a continuing obligation to comply with all Building and Zoning Code requirements;

(2) A sign in good repair shall be free of peeling or faded paint; shall not be stained, show uneven soiling or rust streaks; shall not have chipped, cracked, broken, bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards in the Codified Ordinances including, but not limited to, Chapter 1365. Violations of Chapter 1365 shall be enforced there under;

(3) If the sign is deemed by the Building Commissioner or his/her designated representative to be in an unsafe condition, such sign shall be considered an unsafe structure and the criteria procedures and penalties of Chapter 1385 of the Codified Ordinances shall apply for the repair and removal of such sign; and

(4) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, re-lettering or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure or the mounting of the sign itself, and the sign is accessory to a legally permitted or nonconforming use.

(k) Alteration and Removal of Nonconforming Signs.

(1) Consistent with the purposes of this chapter, every graphic or other sign in violation of any provision of this chapter shall only be removed, altered or replaced so as to conform with the provisions of this chapter, and any sign which, on the effective date of this chapter or any amendments thereto, does not comply to the regulations herein shall be deemed a nonconformity. When the Planning Commission, upon adoption of these regulations, establishes sign standards for a building and by its action determines that existing signs are nonconforming the Building Commissioner or his/her designated representative may be directed to issue a Certificate of Nonconforming Use to the property owner and affected tenants.

(2) Nonconforming signs shall be removed and any subsequent modification or replacement (excluding routine maintenance pursuant to subsection (i) hereof), shall conform to all requirements of this chapter:

A. When more than fifty percent (50%) of the value of the sign has been destroyed or been removed;

B. When the use for which the nonconforming sign is accessory, is vacant for ninety (90) consecutive days; and

C. Following five (5) years from the date of the adoption of this chapter, or five (5) years from the date of any amendment to this chapter, which made the sign nonconforming; unless a variance has been granted pursuant to subsection (h) hereof.

(3) A nonconforming sign shall not be altered, modified or reconstructed other than to comply with this chapter except to perform maintenance as identified in subsection (i) hereof.

(l) If the Building Inspector finds that any sign is unsafe or insecure, or is a menace to the public or is a traffic hazard or is being maintained in violation of the provisions of this Zoning Code, notice shall be given in writing by the Building Commissioner or his/her designated representative to the property owner. If the property owner fails to remove the sign or alter the structure so as to comply with the standards herein set forth within 48 hours after such notice, such sign may be removed by the City at the expense of the property owner. The Building Commissioner may cause any sign which is in immediate peril to persons or property to be removed summarily and without notice.

(Ord. 96-2019. Passed 1-9-20.)

Table A

Table B

Maximum Heights for Freestanding Signs

(When permitted)

	Single Family	Multiple Family	Institutional (b)	Business/ Industrial
Identification -Subdivision	8 ft.	XX	XX	XX
-Multiple Family/Institutional (b)	XX	8 ft.	8 ft.	XX
-Business/Industrial	XX	XX	XX	8 ft.
Development (Construction)	4 ft.	4 ft.	4 ft.	4 ft.
Instructional	4 ft.	(a)	(a)	(a)
Public Safety	(a)	(a)	(a)	(a)
Directional	4 ft.	4 ft.	4 ft.	4 ft.
Real Estate	4 ft.	4 ft.	4 ft.	4 ft.
-Development	4 ft.	4 ft.	4 ft.	4 ft.
Temporary	4 ft.	NP	(c)	(c)
Notes to Table B (a) No height limitations (b) Includes religious facilities and schools

CODIFIED ORDINANCES OF MACEDONIA