The regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided:

   (A)   No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

   (B)   No building or other structure shall hereafter be erected or altered in the following manner or in any other manner contrary to the provisions of this chapter:

      (1)   To exceed the height requirements set forth herein;

      (2)   To accommodate or house a greater number of families;

      (3)   To occupy a greater percentage of lot area;

      (4)   To have narrower or smaller rear yards, front yards, side yards or other open spaces;

   (C)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

   (D)   In order to commence construction of a new building or the remodeling of or addition to an existing building, a building permit is required as is provided in the state building code and as set forth herein:

      (1)   An application for a permit shall be obtained from the village or its authorized representative and submitted in such form as the village may prescribe. Such application shall be submitted by the owner or the owner's representative, and shall include all required fees.

      (2)   In addition to review by the appropriate building official, the Mayor or the Mayor's designee shall review all building permits that alter the exterior of any structure based upon the criteria set forth herein, or the Mayor shall forward the building permit application to Council. The purpose of this review is to assure that all buildings are constructed, or altered so as to maintain the high character of the community development and to protect real estate within the village from impairment or destruction of value, by regulating according to proper architectural principles, the design, use of materials, finished grade, lines and the orientation of all new buildings, additions or modifications hereinafter erected. This section is intended to prevent the impairment of stability and value of both improved and unimproved property and the degeneration of conditions affecting the health, safety, comfort and general welfare of the inhabitants of the village.

(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-2077-05, passed 8-15-06)

   (A)   No building or other structure may be erected in the Village to a height of more than 35 feet above existing grade.

   (B)   Village Council may exempt by variance the height limits for television and radio towers, church spires, belfries, monuments, lofts, chimneys, and flagpoles, except where the height of such structures constitute a hazard to the safe landing and take-off of aircraft at an established airport.

(Ord. 0-1847-01, passed 12-17-01)

   Lot coverage shall be no more than 40% of the lot when such lot is used for residential purposes. Lot coverage for commercial/business uses shall not be more than 70% of the lot.

(Ord. 0-1847-01, passed 12-17-01)

   (A)   The intent of this provision is to improve the appearance of parking areas and property abutting public right-of-way and to require buffering between non-compatible land uses in order to mitigate negative visual impacts upon adjacent properties and along the public rights-of-way.

   (B)   All non-residential establishments shall be required to enclose all outdoor refuse containers on a minimum of three adjoining sides. This enclosure shall be constructed to maintain a minimum three-foot clearance between itself and the dumpster, and shall be at least one foot higher than the highest part of the refuse container or containers enclosed. Such enclosures shall be constructed of solid and opaque wood or material similar to that of which the principal building is constructed. Construction-grade plain faced concrete will not be permitted.

(Ord. 0-1847-01, passed 12-17-01)

   Where two adjacent lots of record with less than the required area and width are held by one owner, the Village Council may require that the lot be combined and used for one main building. In either case, the prevailing setback shall be met. Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Village Council may require replatting to fewer lots to permit compliance with minimum yard requirements.

(Ord. 0-1847-01, passed 12-17-01)

   Open structures. Open structures such as porches, decks, canopies, balconies, platforms, carports, and covered patios, and similar architectural projections shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard.

(Ord. 0-1847-01, passed 12-17-01)

    Setbacks of principal buildings and accessory structures shall meet the front yard / corner lot side yard and side yard setbacks as shown in the following table, except as noted herein.

 

Notes: Rear yard setbacks of principal buildings in residential districts shall be not less than 30% of the depth of the lot; provided that the rear yard setback need not exceed 45 feet. Lots with rear yard frontage on a right-of-way shall apply front yard setbacks in the above table to the rear yard.

(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-1896-02, passed 8-19-02)

   (A)   No accessory buildings shall be located in any front or side yard. Accessory buildings may be located in the rear yard provided such buildings are set back at least three feet from the side lot and rear lot lines.

   (B)   No structures, or material or equipment storage shall be located in any front or side yard.

   (C)   See § 154.111 for setback requirements of business uses abutting residential districts.

(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-1896-02, passed 8-19-02)

   (A)   In residential districts, the side yard setback requirements for corner lots shall be the same as front yard setbacks.

   (B)   No sign, fence, wall shrub, or other obstruction to vision exceeding forty-two inches in height above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points twenty-five feet distant from the intersection of the street lines. Trees trimmed to not less than ten feet above street are permitted.

(Ord. 0-1847-01, passed 12-17-01)

   Off-street parking spaces shall be street level parking only and provided as follows:

   (A)   Single-family and two family dwellings: Two spaces per dwelling unit.

   (B)   Multiple family dwellings: One space for each bedroom; one space for each dwelling unit for independent housing constructed for elderly.

   (C)   Other uses as directed by the Village Engineer.

(Ord. 0-1847-01, passed 12-17-01)

   Every parcel of land hereafter used as a public, commercial or private parking lot for other than single family dwelling shall be developed and maintained in accordance with the following requirements.

   (A)   Screening and landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any "R-1" District, or institutional premises, by a fence or hedge as determined by the Village Council upon direct application for such determination. (Due consideration shall be given to adjacent property owners.)

   (B)   Minimum distance and setbacks. No part of any parking area for more than five vehicles shall be closer than 20 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. In no case shall any part of a parking area be closer than five feet to any established street or alley right-of-way. The fence or hedge required in division (A) of this section shall be set back from each street, as determined by the Village Council upon direct application therefor.

   (C)   Joint use. Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement, approved by the Village Legal Counsel and accepted by the Village Council shall be filed with the use permit.

   (D)   Other locations. Parking spaces may be located on a lot within 300 feet other than that containing the principal use with the approval of the Village Council, provided a written agreement, approved by the Village Legal Counsel and accepted by the Village Council, shall be filed with the application for a parking lot permit.

   (E)   Surfacing. Any non-residential off-street parking shall be graded for proper drainage and surfaced so as to provide an asphalt or concrete surface. A design drawing of the parking area must be submitted for approval to the Village before a parking lot permit will be issued.

   (F)   Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R-1" District. Lighting calculations, if required by the Village Engineer, must also be submitted as described herein.

      (1)   Minimum site lighting criteria:

         (a)   Lighting uniformity shall not exceed 10:1 maximum-to-minimum light levels and 4:1 average-to-minimum light levels, unless otherwise approved by Village Council.

         (b)   The maximum average lighting level limitations for each zoning district shall be as follows, unless otherwise approved by the Village Council.

 

 

         (c)   Pole mounted luminaire overall height limitations for each zoning district shall be as follows, measured from finished grade to top of fixture unless otherwise approved by Village Council.

 

 

      (2)   Light trespass criteria:

         (a)   Light originating on a site shall not be permitted to exceed the following values when measured at grade ten feet beyond the property line for the following adjacent properties:

 

 

   (A)   In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or less, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, nursing home, places of worship, or other uses similarly requiring the receipt or distribution by vehicle or material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space, plus one additional such loading space for each additional 20,000 square feet or major fraction thereof of gross floor area.

   (B)   Each loading space shall be not less than 12 feet in width, 45 feet in length, and 14 feet in height.

   (C)   Subject to the limitations in § 154.053, completely unenclosed loading spaces may occupy all or any part of any required yard or court space.

(Ord. 0-1847-01, passed 12-17-01)

      (1)   A statement and explanation as to whether or not such building is, historically, architecturally, culturally or otherwise worthy of preservation, together with supporting information;

      (2)   The reasons for the proposed demolition;

      (3)   A site plan detailing the proposed reuse of the site, a complete restoration and landscape plan, including a plan for the preservation (and replacement in the case of damage or destruction) of existing trees and other significant landscape features, together with any reasons for not building a replacement structure;

      (4)   When a replacement building is proposed, an accurate and detailed rendering of the proposed replacement structure, and a detailed time schedule for the replacement project; and

      (5)   An assessment of the effect of the demolition and proposed replacement project (if applicable) on the subject property and the surrounding area.

      (1)   The building is not historically, architecturally or culturally significant or otherwise worthy of preservation;

      (2)    There exists no reasonable economic use for the building as it exists or as it might be restored and that there exists no feasible or prudent alternative to demolition;

      (3)   That deterioration has progressed to a point where it is not economically feasible to restore the building; or

      (1)   The following criteria may be used by Village Council in determining whether a building is historically, architecturally or culturally significant or otherwise worthy of preservation:

         (a)   The age and condition of the building;

         (b)   The quality of the building's architectural design, detail, use of materials or construction;

         (c)   The importance of the building to the character and quality of the neighborhood;

         (d)   The identification of the building as the work of an architect, artisan, engineer, landscape architect, builder or developer whose work is significant to the village, central Ohio, the state or nation;

         (e)   The identification of the building with a public or private figure who significantly contributed to the Village, central Ohio, the state or nation;

         (f)   The significance of the design or style of the building to the historical, architectural or cultural development of the village, central Ohio, the state or nation; or

         (g)   The impact of restoration on the village's real property or income tax base versus replacement and/or removal.

      (2)   The following criteria may be used by Village Council to determine whether there exists no reasonable economic use for the building as it exists or as it might be restored, and that there exists no feasible or prudent alternative to demolition:

         (a)   The denial of a demolition permit will result in the continuation of a substantial economic burden because the building cannot be reasonably maintained in its current form; or

         (b)   The denial of a demolition permit will result in a substantial economic burden because the cost of preserving or restoring the building will impose an unreasonable financial burden.

      (3)   The following criteria may be used by Village Council in determining whether deterioration of the building has progressed to a point where restoration is not economically feasible:

         (a)   Preservation or restoration of the building is not structurally feasible; or

         (b)   Deterioration has progressed to a point where restoration is not practicable.

(Ord. O-1847-01, passed 12-17-01; Am. Ord. O-1896-02, passed 8-19-02; Am. Ord. O-2077-05, passed 8-15-06)

No building, except a single-family dwelling, shall be occupied before a certificate of occupancy has been issued. A certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and such certificate shall be issued within seven days after the request for same is made in writing to the Village after the erection or alteration of such building or part thereof is complete.

(Ord. 0-1847-01, passed 12-17-01)

   (A)   A permit from the Village Council is required to install satellite dish antennas.

   (B)   This permit requirement shall not apply to:

      (1)   Any satellite dish antenna two meters in diameter or less which is located in an area zoned commercial;

      (2)   Any satellite dish antenna one meter or less in diameter, regardless of zoning category.

(Ord. 0-1847-01, passed 12-17-01) Penalty, see § 154.999

      (1)   Roof mounted solar panels shall be allowed, subject to Village Council review and approval. Village Council shall consider the following:

         (a)   Rear and side locations are preferred. Any installation on the front roof facade shall be justified by providing an analysis of why the front facade is necessary in order to generate viable output.

         (b)   The color of the solar panels shall be complementary to roof color as determined by the Village Council.

         (c)   The configuration and profile of the assembly shall be complementary to the roofline as determined by the Village Council. Installations should minimize the number of corners, and should avoid complex and/or non-symmetrical configurations.

         (d)   Panels and supporting infrastructure should be designed in such a way as to minimize visibility from the right-of-way.

         (e)   Installations should be sensitive to the property, surrounding properties, and neighborhood context.

         (f)   No ground mounted solar panels will be permitted.

(Ord. O-2615-19, passed 1-20-20)