(A)   In the various districts there shall be provided on each lot a “required side yard” along each side lot line, a “required rear yard”, and a “required front yard”, the minimum dimensions of which shall be in accordance with the following regulations and § 151.086, “tabulation and formulae”.

   (B)   The minimum dimensions of courts and the maximum height of principal structures shall also be in accordance with said tables and regulations. The side and rear yard setbacks, height, and size of accessory buildings, when detached from the principal building, are set forth in division (B)(1)(c) below. Attached dwelling units, such as condominiums and rowhouses, are considered as single structures.

      (1)   Height, size and yard regulations for principal and accessory buildings.

         (a)   Building height.

            1.   a.   The height of principal buildings shall be the mean vertical distance from the average established grade in front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or to the deck line of a mansard roof, or to the midheight of a pitched or hipped roof.

               b.   Where a lot faces on two or more streets or alleys of different average established grades in front of the lot, the higher of the grades shall control only for a depth of 120 feet perpendicularly back from the street line of the higher street or alley.

               c.   On a corner lot the height is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more such streets are of the same width, from the higher of such grades.

               d.   Principal building does not include detached accessory buildings (see division (B)(1)(c) below).

            2.   Public and semi-public buildings may be erected to a height not exceeding 45 feet; provided, that the required front, side, and rear yards required by § 151.086 are increased one additional foot for each two feet such building exceeds 30 feet in height.

               3.   Chimneys, monumental towers, church steeples and towers, monuments, domes, false mansards, and belfries may be erected to any height.

            4.   a.   Whenever hospitals, nursing, rest, convalescent homes, or retirement communities located in Residence B District are to have a center utilitarian unit to connect wings of such a building, such center unit may, in order to provide relief from repetition of elements in design, be erected to a height not exceeding 86 feet, exclusive of belfries, cupolas, domes, ornamentation, chimneys, and flag poles; provided, that the ground area of such center unit shall be not greater than one-sixth the ground area of the wings, and that the total usable floor area of such center unit shall be not greater than one-third of the total usable floor area of the wings.

               b.   Such height in excess of 45 feet shall not require any increase in the front, side, or rear yards.

         (b)   Yard dimensions and regulations.

            1.   Front yard.

               a.   In any residential district, all structures shall have a required front yard which is determined by multiplying the average width of the area in front of the principal structure by the setback specified in § 151.086(B).

               b.   In any residential district, the alignment of an improved property must conform to the average alignment of nearby buildings on the same side of street(s) for a distance of 200 feet along its frontage (for a corner lot the side is also required to conform to the average) within five feet.

               c.   For rounded or cul-de-sacs lots, alignment is calculated based on the midpoint of the house frontage to the property line.

            2.   Rear yard. In any residential or business district, all structures shall have a required rear yard which is determined by multiplying the average width of the area in back of the principal structure by the setback specified in § 151.086(B).

            3.   Side yard. In any residential or industrial district, all structures shall have a required side yard setback as specified in § 151.086(C) (see also corner lots, in division (B)(1)(b)5. below).

            4.   Street-to-street lots. In any residential district where a lot runs through the block from street to street, the required setback as defined for front yards in division (B)(1)(b)1. above shall be provided on each street.

            5.   Corner lots. In any residential district on a corner lot, the required width of the side yard setback along the side street shall be equal to the required sum of the widths of the two side yards minus three feet, except in division (B)(1)(b)1.b. above, where condition exists, such structure must conform to the setback specified in division (B)(1)(b)1.b. above.

            6.   Lot area.

               a.   Within any residential district, as indicated on the building zone map, every lot shall contain a lot area of not less than that stipulated in § 151.086(A), “tabulation and formulae”.

               b.   The Planning Commission shall have the power where the strict application of the requirements of minimum lot areas would result in undue hardship upon the owner of specific property to reduce the total required area by not more than 12.5% of such total area.

               c.   The provisions for a minimum lot area of 6,750 square feet for single-family residence in Residence A, B, and C Districts shall not apply to lots existing in duly recorded subdivisions, recorded in the County Recorders office prior to April 23, 1942, or on any plat of subdivision, which may have been, prior to April 23, 1942, submitted to the Commission and have endorsed thereon the approval of the Planning Commission.

               a.   No residence shall be erected in a residential district on a lot of less than 40 feet in width unless such lot is recorded on a plat of subdivision in the office of the County Recorder as of April 23, 1942.

               b.   In such instances, the minimum side yard and total side yards required shall be the same as required for a lot of 40 feet in width.

            11.   A panhandle shaped lot where a narrow strip that is less than the full lot width is created that satisfies the minimum street frontage but positions a new or existing residence behind another without direct line of site of the public street is prohibited.

            12.   Attached garages cannot be the closest point of the principal structure to the front facing property line. Front facing garages should not be the predominant architectural feature of the residential facade.

            1.   a.    Accessory buildings shall not exceed 15 feet in total height measured from the grade at front of the structure to the highest point of roof, shall be at least three feet from the rear lot line, and shall be at least three feet from any side lot line, measured from the nearest point of the accessory building to the rear lot line or side lot line as the case may be.

               b.   The maximum height of 18 feet is allowable if the building is six feet or more away from all lot lines. Maximum height will be interpolated when structure is located between three and six feet. Structures must be single story only with allowable attic storage.

               c.   In no case shall the maximum height exceed 18 feet. In the rear yard of a corner lot, no accessory building shall be built closer to the street than the required front yard setback of either of the adjoining lots, in no case less than 25 feet.

            2.   All accessory buildings or structures erected in the rear yard shall not occupy more than 30% required rear yard regardless of use. For lot widths of 50 feet or less, the maximum footprint is 576 square feet. For lot widths greater than 50 feet, the maximum footprint is 864 square feet regardless of the percentage of required rear yard calculation.

(2000 Code, § 151.185) (Ord. O-4-96, passed 3-25-1996; Ord. O-16-03, passed 11-24-2003; Ord. O-12-06, passed 12-26-2006; Ord. O-24-22, passed 11-14-2022; Ord. O-1-25, passed 1-13-2025)

   (A)   Residential minimum yard requirements.

 

 

   (B)   Building height and yard setback regulations.

 

   (C)   Side yard regulations.

      (1)   Minimum side yard setback regulations.

 

 

 

      (3)   Width. For least width of any side yard on lot widths between or above values on the above tabulation, such widths shall be determined by interpolation or extrapolation.

      (4)   Precedence. Combinations of business and residences, residence district restriction govern.

(2000 Code, § 151.086) (Ord. O-4-96, passed 3-25-1996)

   A required yard or court shall, at all times and in every part, be unobstructed by any permanent or temporary human-made object from its lowest point to the sky; however, the following obstructions shall be permitted:

   (A)   Walks and driveways of normal and reasonable area.

   (B)   Fences as permitted under this chapter.

   (C)   Outdoor furniture that is readily movable, such as chairs, tables, lounges, and sun umbrellas.

   (D)   Awnings or canopies above a door or window in a residential district; provided, such awnings or canopies do not extend into a required side yard more than four feet.

   (E)   Heating, ventilating, refrigerating, condensing, or back-up electrical generator equipment, or combinations thereof may be placed in a required rear yard; provided, that there be no more than two such (three if one is a back-up generator) obstructions; that no such obstruction shall extend more than four feet above the ground at the point of the obstruction; and that such obstructions do not occupy more than 12 (16 if includes a backup generator) square feet of the required rear yard; and further provided, that such obstructions be placed as close to the residence for which the required rear yard is provided as is reasonably possible. Similar equipment may be permitted in any side yard but may not be placed closer to the side yard property line than the required side yard setback for lots wider than 50 feet or three feet for lots 50 feet or narrower. If there are obstacles blocking egress to the rear yard (i.e. fencing, large tree, other obstructions), the Building Department may deny the side yard location. No similar equipment is permitted in the front yard of any structure. Utility meters may not be installed on the wall of any structure facing a street. Utility meters may be placed above grade on the side or rear wall of any structure. Refer to §§ 151.140 et seq. for geothermal system requirements.

   (F)   Self-contained window type air conditioning equipment not exceeding one ton capacity may project into a required yard for not more than two feet.

   (G)   The ordinary projection of chimneys, belt courses, cornices, and ornamental features; provided, that such obstruction shall not project more than 18 inches into a required yard. Bay windows may project not more than 24 inches into a required yard but may not occupy more than 20% of the wall length.

   (H)   Steps, slabs, covered and uncovered stoops, and platforms leading to an entrance door; provided, that no such obstruction shall project into a required side yard more than three feet or into a required front yard more than five feet.

   (I)   Paved patios, paved terraces, and decks may be erected in accordance with the following:

      (1)   Paver patios and decks are not allowed in the required front yard, but can be located in the side and rear yards as follows:

         (a)   When located in the rear yard and less than six inches above grade, the edge of the patio can be no closer than one foot from a neighboring property line, otherwise it must be no closer than three feet.

         (b)   When located in a side yard and less than six inches above grade, the edge of the patio can be no closer than one foot from a neighboring property line, if between six inches and three feet above grade, it can be no closer than three feet. If greater than three feet above grade it must adhere to the side setback calculation as outlined in § 151.086(C).

      (2)   Any feature incorporated into patio design (e.g. arbor, pergola, bench) that extends above three feet from grade will be required to be setback as follows:

         (a)   Be no closer than three feet to a property line when in the rear yard.

         (b)   Adhere to setback requirements when in the side yard.

         (c)   No feature can extend higher than 15 feet in either the side or rear yard.

      (3)   Patios must be constructed on a four inches deep compacted base and run-off from the patio area must be directed to a storm sewer or drainage swale, and not to a neighbor's property.

      (4)   Any paved patio, terrace, or deck used as a sports area or as a swimming pool shall be located no closer than 30 feet from any property line and shall not occupy more than the equivalent of 25% of the required rear yard, with the following exception: if such uses are clearly a subordinate use, such as a basketball pole on a driveway, they shall be subject to the minimum side yard setbacks for that property as specified in this chapter for the primary structure.

   (J)   Hot tubs and spas are a permitted obstruction if satisfy the following requirements:

      (1)   Rest on grade (on top of a paved surface or paver stones) or rests on an elevated deck designed for the load. A hot tub that is partially or fully below grade will be considered a swimming pool. A hot tub placed directly on soil/yard is not allowed.

      (2)   Be less than 80 square feet in surface area. Area greater than 80 square feet will be considered a swimming pool.

      (3)   Have a depth of water in any portion greater than two feet but less than four feet. Water levels less than two feet will be considered a "kiddie pool" and are not regulated by this code. Water depths greater than 4ft will be considered a swimming pool.

      (4)   Electrical supply not limited to support heating, pumping, recirculating, or sanitizing of water must be separately permitted thru IBI.

      (5)   Equipped with a lockable cover when not in use or unsupervised or be contained inside an approved fencing as described in § 151.103(D) suitable for a swimming pool.

      (6)   Located in the rear yard only, with additional requirements:

         (a)   No portion of the hot tub extends beyond the side walls of the principal structure nor closer than ten feet from a side neighbor property line.

         (b)   No portion of the hot tub extends further than 15 feet from the principal residence rear facing wall

         (c)   No portion of the hot tub is closer than ten feet from the rear property line.

         (d)   For corner lots, if hot tub is positioned along public street, a six feet privacy fence is required per § 151.02.

      (7)   Additional landscaping or privacy fence feature may be needed as determined by the Building Department.

   (K)   Swimming pools shall adhere to the requirements set forth in division (I)(4) above and § 151.060(A)(3)(b).

(2000 Code, § 151.087) (Ord. O-4-96, passed 3-25-1996; Ord. O-8-98, passed 1-12-1998; Ord. O-12-06, passed 12-26-2006; Ord. O-16-22, passed 5-23-2022; Ord. O-27-22, passed 11-14-2022; Ord. O-7-24, passed 4-8-2024)

   Awnings and canopies constructed on commercial establishments must comply with the following requirements.

   (A)   Awning and canopy materials shall be restricted to fabrics which are not glossy, shiny or reflective if coated with a plastic.

   (B)   Awning and canopy framework shall be one of the following types of construction:

      (1)   An awning shall consist of simple, stationary galvanized pipes or bars hung from a building facade;

      (2)   Folding horizontal or vertical supporting arms secured to a building facade; or

      (3)   A canopy shall consist of galvanized rafters and bows not capable of retraction and which are supported by galvanized pipes which are secured to the ground.

   (C)   Awning and canopy shapes shall be one of the following types, illustrations of which are on file and available for inspection in the Col. Donald L. Shanks Municipal Building.

      (1)   Awning.

         (a)   Trim style with a valance (skirt) terminating in a wave or scalloped edge;

         (b)   Vertical style with straight ends and a valance (skirt) terminating in a wave or scalloped edge;

         (c)   Horizontal style with open or closed ends and a valance (skirt) terminating in a wave or scalloped edge; or

         (d)   A stationary awning may have side curtains and, if front has a valance (skirt), the side curtains shall terminate in a matching bottom edge.

      (2)   Canopy.

         (a)   A flat front with no hood and scalloped side valance; or

         (b)   High curved bows as front hood with scalloped side valance.

   (D)   Lettering, symbols, and/or a logo shall be permitted only on a front valance (skirt) of an awning, either the front or the side panels of a canopy, and if illuminated, shall be back-lit by light sources which are at least six feet eight inches above grade. Lettering, symbols, and/or a logo shall be translucent. Full back-lit awning or canopy signs shall not be permitted.

   (E)   Awning and canopy sign size and location of attachment to a building shall be subject to the following provisions.

      (1)   The uppermost edge of an awning or canopy shall be attached immediately above a storefront window and/or door.

      (2)   Awnings and canopies shall have a minimum slope adequate to drain rainwater.

      (3)   Clearance of awnings and canopies above sidewalks and from streets shall comply with the State Basic Building Code.

      (4)   Awnings and canopies shall not cover architectural features, except when necessary for weather protection.

      (5)   The perpendicular extension of an awning from the facade to which it is attached shall not exceed four times the vertical height or rise in the slope of the awning.

      (6)   The length of a valance (skirt) of an awning or canopy shall not exceed 12 inches.

      (7)   A full back-lit sign shall be permitted only on the front of a theater marquee.

      (8)   The following colors shall be permitted for awning and canopy sign materials:

         (a)   Deep reds such as burgundy, maroon;

         (b)   Deep blues such as navy, midnight, royal;

         (c)   Deep greens, such as forest, shutter;

         (d)   Deep grays;

         (e)   Dark browns, such as walnut, chocolate;

         (f)   Beige;

         (g)   Sand;

         (h)   Black, only as an accent, not as a major field; and

         (i)   White, only as an accent, not as a major field.

(2000 Code, § 151.088) (Ord. O-4-96, passed 3-25-1996)

   (A)   In all zoning districts, off-street parking facilities for the storage or parking of self-propelled passenger vehicles for the use of occupants, employees, and patrons of buildings erected the effective date of this chapter (March 25, 1996) and of such extensions, alterations, additions, or changes in use of such buildings as specified in division (E) below, shall be provided in amounts not less than hereinafter specified, and shall not subsequently be reduced below the requirements of this chapter.

   (B)   Provided, that nothing in this chapter shall prevent the reconstruction, repairing, or rebuilding and continued use of any conforming building or structure existing as of the effective date of this chapter (March 25, 1996) which is damaged by fire, collapse, explosion, or act of God, subsequent to such effective date, subject, however, to all provisions of this chapter.

   (C)   For the purpose of this section, PARKING SPACE shall mean an area with dimensions not less than nine feet by 18 feet or 162 square feet, exclusive of drives and aisles giving access thereto, accessible from streets or alleys, or from private driveways or aisles leading to streets or alleys and suitable and usable for the storage or parking of one self-propelled passenger automobile; provided, that when such private driveway is under ownership of other than that of the parking space to which access is provided, right of access must be evidenced by an easement of record giving unrestricted right of ingress and egress over that private driveway or aisle to that parking space. PARKING LOT shall mean any surface lot which provides off-street parking for motorized vehicles.

   (D)   Existing off-street parking facilities provided at the effective date of this chapter (March 25, 1996) and actually being used at that date for the parking of automobiles in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required under this chapter for a similar new building or new use.

   (E)   Whenever in a building or structure which was erected after the effective date of this chapter (March 25, 1996) there is a change in use or change in number of employees, or an increase in floor area, or in any other unit of measurement specified in division (G) below to indicate the required off-street parking facilities by means of extension, addition, alteration, breaking, opening, removal of partitions, or by any other means, and the change in use or increase in floor area or in any other unit of measurement given in division (G) below to indicate the required off-street parking facilities, creates a need for an increase of more than 15% in off-street parking facilities as determined in division (G) below, off-street parking facilities shall be provided on the basis of the total floor area, as herein defined, or on the basis of the total units of measurement of the new use or of the altered or expanded existing use.

   (F)   For the purpose of this section, FLOOR AREA where used with reference to offices, merchandising, or service types of uses shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise, except that floor area devoted to the following uses shall be excluded from the gross floor area.

      (1)   Floors or parts of floors used principally for purposes such as inactive file storage, storage of office supplies, merchandise storage, incidental repair or processing of merchandise, toilet or restrooms, fitting and dressing rooms, utilities, ventilation, heating and air- conditioning equipment, janitor’s closets, elevator shafts, elevator penthouses, stairways, and hallways separated from work space by partitions.

      (2)   In hospitals, bassinets shall not be counted as beds.

      (3)   In stadium sports arenas, churches, and other places of assembly in which patrons or spectators comply, benches, pews, or other similar seating facilities each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this chapter.

   (G)   The amount of off-street parking facilities required under divisions (A) and (E) above shall be determined in accordance with the following:

      (1)   In all dwelling units in all districts, one parking space for each dwelling unit;

      (2)   Hotels, one parking space for each guest bedroom;

      (3)   Hospitals, one parking space for each bed excluding bassinets;

      (4)   Nursing homes, convalescent homes, and homes for persons who are elderly, one parking space for each five beds;

      (5)   Theaters, stadiums, sports arenas, and auditoriums, one parking space for each four seats;

      (6)   Churches, one parking space for each five seats in the main worship unit;

      (7)   Assembly halls without fixed seats, and exhibition halls, one parking space for each 25 square feet of floor area used for assembly;

      (8)   Bowling alleys, four parking spaces for each alley;

      (9)   Medical or dental clinics, banks, and business or professional offices, one parking space for each 225 square feet of floor area;

      (10)   Establishments for the sale and consumption on the premises of alcoholic beverages, food, or refreshments, one parking space for each three seats;

      (11)   Mortuaries or funeral homes, three parking spaces for each room used as a chapel room or slumber room or parlor, or one parking space for each 50 square feet of floor area of assembly rooms used for services, whichever is greater;

      (12)   Retail stores, wholesale stores, machinery sales, personal service shops, clothing and shoe repair or service shops and hardware stores, one parking space for each 200 square feet; and

      (13)   Manufacturing and industrial uses including research and testing laboratories, creameries, soft drink bottling establishments, printing and engraving shops, warehouses, and storage buildings, one parking space for each three employees, computed on the basis of the greatest number of persons to be employed at any one period during the day or night.

   (H)   Collective parking provisions shall be as follows.

      (1)   Collective provisions of off-street parking facilities for two or more buildings or uses are permitted; provided, that the total of such off-street parking facilities, collectively, shall be not less than 85% of the sum of the requirements for the various individual uses computed separately in accordance with division (G) above.

      (2)   Not more than 50% of the off-street parking facilities required by this chapter for establishments whose peak hours of operation do not normally coincide may be supplied by contiguous off- street parking facilities: such as, theaters; churches; bowling alleys; dance halls; and establishments for the sale and consumption on the premises of alcoholic beverages, food, or refreshments whose normal peak usage differs from business offices, retail stores, personal service shops, household equipment or furniture shops, and manufacturing buildings and similar uses.

   (I)   Additional requirements shall be as follows.

      (1)   (a)   The off-street parking facilities required for dwellings shall be on the same lot or parcel of land as the building they are intended to serve.

         (b)   For all other uses, the off-street parking facilities required shall be within 500 feet of the building they are intended to serve, measured between the nearest point of the off-street parking facilities and the nearest point of the building.

      (2)   Where by reason of the operation of this chapter, off-street parking is required of any use in a residential zone and there is insufficient area in such residential zone to meet the requirements of this chapter in such zone, and property under the same ownership contiguous thereto is available for off-street parking, whether or not such area is in the same residential zone, such contiguous property may be used for off-street parking in order to meet the requirements of this chapter.

      (3)   When units or measurements determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

      (4)   In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is similar shall apply.

      (5)   Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for collective use (see division (H) above).

      (6)   The off-street parking facilities required by this chapter may be provided by premises which are either under the same owners as the building or other structure for which the off-street parking facilities are provided, or by premises under other ownership; provided, that if the premises are under such other ownership, that provision of off-street parking must be evidenced by written contract by a lease or easement recorded by the County Recorder.

      (7)   Where parking facilities have been established prior to the passage of this chapter, or subsequent to the passage of this chapter in compliance with the terms hereof, that entire area of parking facilities shall be maintained by the owner thereof so as to be usable for such purpose, and that parking area shall not thereafter be reduced so long as the uses of such owner, owner lessees, tenants, or licensees shall continue, and such area shall thereafter be encroached on by any building or other structure.

      (8)   Wherever parking areas are to be used during darkness, a system of lighting may be installed to provide an adequate standard of five foot-candles of illumination over the entire parking areas. All floodlights shall be shielded so as to reflect light away from all premises and shall not create more than one-half foot- candles of illumination to abutting residential districts.

      (9)   Any parking area open to the public shall be maintained in a manner to keep it as free as practicable from dust, paper, and other loose particles, and snow and ice shall be promptly removed by the operator. All signs and markers used to indicate direction of traffic movement and location of physically handicapped and other special parking spaces shall be maintained in a neat and legible condition. Likewise, any walls, trees, shrubbery, and surfacing of the parking spaces and approach drives shall be maintained in good condition throughout. The Building Commissioner shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair, or rehabilitation is completed.

      (10)   At least 5% of any parking area open to the public shall be devoted to landscaped space. Trees and shrubs shall be placed and maintained to substantially screen all off-street parking areas from the view of adjoining property in a residential district.

      (11)   (a)   In any residential district, no driveway shall be constructed less than 12 feet in width. All driveways shall be paved with concrete, asphalt, brick pavers or crushed stone.

         (b)   The aggregate width of driveway(s) at the street line shall not exceed 60% of the width of the lot.

         (c)   Required width of curb cuts may exceed the driveway width by three feet.

      (12)   (a)   In all residential zones, rear yard parking accessed only from public lanes and streets shall be limited in size to no greater than 12 feet in width and 18 feet in length. Parking areas shall be paved with concrete or interlocking brick pavers.

         (b)   Parking is permitted only for passenger vehicles. Parking for boats, recreational vehicles, trailers, and other similar vehicles is expressly prohibited.

         (c)   Parking area shall be extended continuously from the lane or street paving such that no unpaved areas exist between the lane or street and the paved parking area.

(2000 Code, § 151.089) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006) Penalty, see § 151.999

   (A)   In areas zoned residential, any vehicle in excess of 21 feet in length or nine feet in height or eight feet in width, including, but not limited to, buses, trucks, or house trailers, motor homes, mobile homes, travel trailers, truck campers, and similar vehicles, as defined in R.C. § 4501.01, and major recreational equipment, which includes boats, boat trailers, and truck covers, when not in an enclosed garage, shall be stored, parked, or erected to the rear of the rear building line, but not in the front or side yard or front side of the house, except that in no case shall it be closer to the rear or side property line than five feet. Vehicles shall not extend into the village right-of-way. In addition, on corner lots parking or storage shall not be permitted on the side yard nearest the public street.

   (B)   These vehicles, regardless of size, may be parked in the front driveway of any premises for a period of time not to exceed seven days in any calendar year for purposes of loading, unloading, and visiting.

   (C)   Upon prior written approval from the Mayor, the vehicles described above may be occupied as living quarters for no more than seven days.

   (D)   Buses for the purpose of transporting children to sporting events may be parked in lawfully designated areas for the length of the sporting event.

(2000 Code, § 151.090) (Ord. O-4-96, passed 3-25-1996) Penalty, see § 151.999

   (A)   In all districts, any temporary portable storage containers, such as PODS (portable on demand storage), to be located on the property and not within the public right-of-way shall require an application with the Building Department for off-street temporary portable storage container approval with application fee based on the following criteria.

      (1)   Temporary portable storage container placement period shall not exceed 30 calendar days from date and time of delivery to date and time of removal. If the container's use is unable to be completed within the 30 calendar-day period, an extension must be requested by contacting the Building Department.

      (2)   Container placement shall not occur in the property right-of-way, nor interfere with public sidewalks, trees, and vegetation, nor street sightlines for operators of motor vehicles on streets and lanes.

      (3)   Container size shall not exceed eight feet in width, 16 feet in length, and eight feet in height.

      (4)   Container may be placed in front, side, or rear yards, but in no case shall it be closer to the rear or side property lines than five feet.

      (5)   No portable storage containers shall be placed in the rear of any property situated on a lane where trucks are prohibited from using the lane. In those cases, all portable storage containers shall be placed in the front of the residence after receiving the appropriate permit.

   (B)   In all districts, any temporary portable storage containers, such as PODS (portable on demand storage) which are to be located on the street shall require an application from the Building Department for on-street temporary portable storage container approval with application fee based on the following criteria:

      (1)   The container placement period shall not exceed 72 hours from date and time of delivery to date and time of removal. If the container's use is unable to be completed within the 72-hour period, an extension may be requested by contacting the Police Department;

      (2)   Containers shall not interfere with trees or other vegetation along the street. Containers shall be placed up against the vertical edge of the curb whenever possible or at the edge of pavement where no curb exists to minimize visual obstruction along the street; and

      (3)   Applications require Police Department approval before the building department will issue approval.

(Ord. O-19-14, passed 8-11-2014; Ord. O-5-22, passed 2-28-2022)

   (A)   Self-contained portable toilets" means one or more commercially manufactured or assembled self-contained toilet facility that is portable and is not designed or intended for connection to a sewer system with a standard connection.

   (B)   The temporary use of self-contained portable toilets for construction, rehabilitation projects, special events, interruption of sewer service for emergencies or planned upgrades/repairs, and at sites or facilities that are not permanently inhabited and do not have installed toilet facilities is allowed.

   (C)   The use of self-contained portable toilets, limited to seven calendar days or less, for special events such as wedding receptions or family reunions on private property is allowed. For private property placement self-contained portable toilets should be placed no nearer the property line than 15 feet and in the rear yard if that location is serviceable. Self-contained portable toilets located in residential zones shall be located to provide the maximum practical screening from roads and adjacent properties as the site allows.

   (D)   The use of self-contained portable toilets, limited to seven calendar days or less, for special events in public spaces such as community picnics, concerts, exhibitions is allowed. For placement in public spaces self-contained portable toilets should be placed 15 feet from the public right-of-way (roads or sidewalks) and in a least obtrusive location that is serviceable.

   (E)   The use of self-contained portable toilets, limited to thirty calendar days or less, for construction, rehabilitation projects, special events, interruption of sewer service for emergencies or planned upgrades/repairs. Self-contained portable toilets should be placed no nearer the property line than 15 feet and in the rear yard if that location is serviceable.

   (F)   It is the property owner/event operator's responsibility to ensure that toilet(s) are not used in a dangerous or inappropriate manner, especially by children. This may be accomplished by monitoring or securing the toilet(s) during periods of inactivity, such as nighttime and weekend hours, or by other effective means as appropriate.

   (G)   It is the responsibility of the property owner of the site where self-contained portable toilets are located to ensure compliance with the maintenance requirements. The self-contained portable toilets must be in good working condition without any broken surfaces or leaks. Doors must be in good working condition and must be able to be securely latched while in use. The toilet(s) must be monitored and/or permanently secured or serviced by a licensed disposal contractor if the holding tank becomes full during the period of use. It is the responsibility of the property owner of the site where self-contained portable toilets are located to ensure that these units cause no odor or public nuisance.

(Ord. O-5-22, passed 2-28-2022)

   Careful preservation of existing trees is important to protecting one of the unique characteristics of the village. The Planning Commission is interested in the preservation of slow growing “specimen trees”, such as oak, and the large pine trees, especially those over six inches in diameter as measured five feet from ground level. The Commission is able to consider minor setback variances if a proposed addition or modification cannot be redesigned or repositioned to save a “specimen tree” (see § 151.024(F)).

(2000 Code, § 151.091) (Ord. O-4-96, passed 3-25-1996)

   (A)   All utility services, including utility distribution systems, shall be as defined and regulated as in § 52.01. Utility meters are permitted to be installed on the outside of all structures and are expressly limited to the side or rear facade of buildings. No meters may be installed on the facade of any building facing the public right-of-way.

   (B)   Cable, digital, and other television or information services shall be as defined and regulated as in § 52.02.

   (C)   Cellular or wireless communications towers and facilities for the provision of personal wireless services shall comply with the following regulations.

      (1)   Purpose. It is the purpose of this division (C) to:

         (a)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the village;

         (b)   Minimize adverse visual effects of communications towers and support structures through proper siting, design, and screening;

         (c)   Avoid potential damage to adjacent properties from communications towers and support failures;

         (d)   Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future; and

         (e)   Recognize and preserve the historical significance of the village, and protect the public health, safety, and welfare.

      (2)   Definitions.

         CELLULAR COMMUNICATIONS SERVICES. Personal communications accessed by means of cellular equipment and services.

         CELLULAR OR WIRELESS COMMUNICATIONS ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services, and ground-wired communications systems, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

         CELLULAR OR WIRELESS COMMUNICATIONS SITE. A tract, lot, or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking, and any other uses associated with and ancillary to cellular or wire less communications transmission.

         CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.

         CELLULAR OR WIRELESS COMMUNICATIONS TOWER. Any freestanding structure used to support a cellular or wireless communications antenna.

         CELLULAR OR WIRELESS COMMUNICATIONS TOWER, HEIGHT OF. The height from the base of the structure, at grade to its top; including any antenna located thereon. Grade shall be determined as the elevation of the natural or existing topography of the ground level prior to construction of the tower.

         MICRO ANTENNAS. Any cellular or wireless communication antennas which consists solely of the antenna and which do not have any supporting structures other than brackets, including micro cells. Micro antennas shall be equal to or less than five feet in height and with an area of not more than 580 square inches.

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

      (3)   Application and permit.

         (a)   No cellular or wireless communications tower shall be constructed, replaced, or altered without first obtaining the applicable building permit.

         (b)   1.   Prior to obtaining a permit as set forth in division (C)(3)(a) above, any company or individual wishing to place a cellular or wireless communications antenna or tower within the village must attend an application conference with the Mayor or his or her assignees.

            2.   At this conference, the applicant must submit:

               a.   A preliminary site plan depicting the proposed site to scale; and

               b.   A rendering of the proposed tower in relation to the existing site.

         (c)   Upon approval to proceed from the Mayor or the Mayor’s designee, a building permit application must be submitted to the Building Commissioner with the information following in this division (C). The Building Commissioner shall refer the application to the Planning Commission which shall have 30 days to review the application with respect to the criteria stated in division (C)((5) below. The Planning Commission may approve, disapprove, or approve with conditions an application. Fees for building permits shall be per fee schedule of the Building Department.

            1.   Site plan. A full site plan shall be required for all proposed cellular or wireless communications sites, except antenna to be placed on existing structures, at a reasonable scale, but not smaller than one inch to 50 feet (1 inch: 50 feet), indicating, at a minimum, the following:

               a.   The total area of the site;

               b.   The existing zoning of the property in question and of all adjacent properties;

               c.   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated, or abandoned;

               d.   Existing topography with a maximum of five-foot contours intervals;

               e.   The proposed finished grade of the development shown by contours not exceeding five-foot intervals;

               f.   The location of all existing buildings and structures and the proposed locations of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and the gross floor area of buildings as part of the tower project;

               g.   The locations and dimensions of all curb cuts, driving lanes, off-street parking, and loading areas including the number of spaces, grades, surfacing materials, drainage plans, and illumination of the facility;

               h.   All existing and proposed sidewalks and open areas on the site;

               i.   The location of all existing and proposed streets;

               j.   All existing and proposed utilities including types and grades;

               k.   The schedule of phasing of the project;

               l.   Documentation which shows all buildings and structures on adjacent lots and any additional lot which has a lot line within 100 feet of the lot on which the cellular tower is proposed to be located, the approximate elevation of the highest point of each building or structure shall be noted. The applicant may identify any additional features in the area (such as existing screening, fences and topography) which may be helpful in considering the impact of the proposed tower on nearby property; and

               m.   Any other information as may be required to determine the conformance with this chapter.

            2.   Structural design. All towers and antenna and their foundations shall be designed by a state licensed structural engineer. Working drawings shall be submitted in triplicate to the Building Department of the village and each sheet shall carry the seal of the licensed professional engineer and his or her signature thereon. A building permit will be issued if proposed work complies with Ord. O- -97 of the village, § 3109.0 of the State Basic Building Code, 1997 Edition, and this section.

            3.   Tower and support structure shall be inspected as erected by an state licensed structural engineer who specializes in tower inspections. All members, connections, and materials shall be inspected as work progresses and a completion of the project a certified inspection report and approval of tower structure and support structure must be submitted to the Building Department. Fees for such special inspection shall be paid for by the owner.

            4.   For cellular or wireless communications antenna to be placed on an existing structure, the applicant shall submit such information as required by the Building Commissioner to ensure compliance with the applicable provision of this section.

      (4)   Use regulations. The following use regulations shall apply to cellular wireless communication antennas and towers:

         (a)   A cellular or wireless communications site may be permitted in industrial zoning district only, and subject to the requirements set forth herein.

         (b)   Cellular or wireless communications sites in an industrial zoning district shall not be located any closer to any residential zoning district than as follows.

            1.   Cellular or wireless communications towers less than 100 feet in height shall be located no closer than 100 feet to any residential zoning district.

            2.   For any cellular or wireless communication tower exceeding 100 feet in height, the tower may not be located closer to any residential zoning district than a distance equal to height of tower, plus 40 feet.

         (c)   A cellular or wireless communications antenna may be mounted to an existing structure, such as a communications tower (whether such tower is for cellular or wireless purposes or not), smoke stack, water tower, or other tall structures in any industrial zoning district if a permit has been granted. Cellular or wireless communication antenna may only be placed on the top of buildings that are no less than 35 feet in height.

         (d)   Micro antennas not exceeding five feet in height may be placed on any buildings in the Industrial A Zoning District. A micro antenna may be attached to any existing building located in Industrial A District and shall not be subject to the setback requirements of other cellular or wireless communication towers provided it is placed on the roof of an existing building.

         (e)   All other uses accessory to the cellular or wireless communications antenna and towers, including, but not limited to, business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.

         (f)   No cellular or wireless communications tower shall be permitted on any lot on which any nonconforming building or structure is located nor on which any nonconforming use or activity is occurring without first obtaining a variance from the Village Planning Commission.

      (5)   Standards for review. The design requirements for cellular or wireless communications antennas and towers: the following standards shall apply to all cellular or wireless communications antennas and towers:

         (a)   Placement and co-location.

            1.   The cellular or wireless communications company shall demonstrate, using the latest technological evidence, why the antenna or tower must be placed in a proposed location in order to serve its necessary function in the company’s grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company’s grid system. This area shall be considered the allowable zone.

            2.   If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby “tall structures” within the allowable zone, asked for permission to install the cellular communications antenna on those structures, and was denied for either non-economic reasons or that a clearly unreasonably economic demand was not made by the owner, based on prevailing market values. “Tall structures” shall include, but not be limited to, smoke stacks, water towers, buildings over 35 feet in height, antenna support structures, or other structures or other cellular or wireless communication companies, other communication towers.

            3.   In order to limit and reduce the number of antenna support structures needed in the village in the future, the owner of an existing cellular or wireless communications tower shall not unreasonably deny a request to accommodate other uses, including other cellular or wireless communications companies, and the antenna of local police, fire, ambulance departments, the owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower.

            4.   For the purpose of encouraging co-location of cellular or wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows, unless waived for good cause to minimize impact on adjoining property by the Mayor:

               a.   Towers less than 75 feet tall shall be designed, engineered, and constructed to support antennas installed by one or more cellular or wireless communications servers;

               b.   Towers more than 75 feet in height but less than 150 feet shall be designed, engineered and constructed to support antennas installed by two or more wireless communication service users; and

               c.   Towers 150 feet in height or taller shall be designed, engineered, and constructed to support antennas installed by three or more cellular or wireless communications service users.

            5.   In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size and structural strength to accommodate such tower and any additional structures that may be required if additional users are added to the tower.

            6.   As used in (C)(5)(a)5. above, the term USERS shall include the antennas of Police, Fire, and Ambulance Departments.

            7.   The village may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

         (b)   Antenna tower height. The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in (C)(5)(a) above. No antenna that is taller than the necessary height shall be approved. Cellular or wireless communications towers shall be exempt from the maximum height requirements contained in § 151.085. Cellular towers shall be monopole construction unless it is demonstrated that another type of tower is required for safety purposes.

         (c)   Setbacks from the base of the tower. If a new cellular or wireless tower is to be constructed in an industrial zoning district, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential district shall be no lower than the greater of the following:

            1.   Forty percent of the tower height;

            2.   Fifty feet; and

            3.   In no case shall the base of the tower be located less than the height of the tower above grade plus 40 feet from any adjacent structures.

         (d)   Cellular or wireless communications tower safety. All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by manufacturers. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice, nor other debris, electromagnetic fields or radio frequency interference; however, if a specific safety issue in question is determined to be regulated by either FCC regulations or applicable Building Code regulations, and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met. Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the Village Council, upon presentation of proper and sufficient documentation, and after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless communications tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as

provided under division (C)(7) below; however, no order of removal shall be made if it is inconsistent with existing FCC Regulations.

         (e)   Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s) unless the antenna is mounted on an existing structure. The fence shall be eight feet in height and shall be erected to prevent access to non- authorized personnel.

         (f)   Landscaping. Landscaping, in compliance with a plan approved by the Planning Commission, shall be provided to screen as much of the support structure and ground level features as is possible, and such landscaping shall be maintained. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

         (g)   Licensing. The communications company must demonstrate to the village that it is licensed by the Federal Communication Commission (FCC). The owner of the tower must also annually provide to the village on January 1 of each year a list of all users of the tower and each user shall provide the village with a copy of each users license with the FCC. No approval will be granted to any applicant unless proof of current FCC license for the proposed use of the tower is provided.

         (h)   Required parking. If the cellular or wireless communication site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in this chapter.

         (i)   Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or

wireless communications towers may be artificially lighted except when required by FAA. Furthermore, no cellular or wireless communication tower or antenna and accessory buildings and structures shall contain any signage. All utility lines serving the towers shall be underground.

      (6)   Maintenance. An owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds, and other debris. Any owner of a cellular or wireless communications tower shall be required to notify the Mayor of intent in writing within 30 days of its cessation of business, its discontinuance of service or transfer of ownership.

      (7)   Abandonment of tower.

         (a)   1.   All providers utilizing towers shall present a report to the Zoning Enforcement Officer, or his or her designee, notifying them of any tower facility located in the village whose use will be discontinued and the date this use will cease.

            2.   If at any time the use of the facility is discontinued for 120 days, the Building Commissioner may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused, or has ceased the daily activities or operations which have occurred.

            3.   The facility’s owner/operator will receive written notice from the Building Commissioner and be instructed to either reactivate the facility’s use within 120 days, or dismantle and remove the facility.

            4.   If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess owner/ operator the costs.

         (b)   The village must provide the tower owner three months’ notice and an opportunity to be heard by the Planning Commission before initiating

such action. After such notice has been provided, the village shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the tower and all appurtenances and removal from the property.

         (c)   The village shall provide the tower owner with the right to a public hearing before the Planning Commission, which public hearing shall follow the three-month notice required in division (C)(7)(a) above. All interested parties shall be allowed an opportunity to be heard at the public hearing.

         (d)   After a public hearing is held, the Planning Commission may order the acquisition or demolition of the tower. The village will require tower applicant to pay for all expenses necessary to acquire or demolish the tower.

(Prior Code 2000, § 151.092) (Ord. O-4-96, passed 3-25-1996; Ord. O-23-97, passed 7-14-1997; Ord. O- -97, passed 12- -1997; Ord. O-13-98, passed 1-12-1998; Ord. O-12-06, passed 12-26-2006)

      (1)   No person shall install synthetic grass in any zoning district in the village without compliance with the provisions of this section and applicable related requirements of the entire ordinances.

      (2)   Synthetic grass installations constructed prior to the effective date of this section shall not be required to meet the requirements of this code; unless any physical condition or modification renders such system un-repairable or unuseable. If any pre-existing synthetic grass is destroyed or damaged to the such extent that it cannot be returned to original service, or any such damage or modification creates an unsafe condition it shall be replaced or removed in conformity with this section.

      (3)   Synthetic grass is prohibited in any historical districts or on any landmark structures as defined in § 151.075.

      (4)   Synthetic grass is not allowed in any front yard.

      (5)   Synthetic grass is allowed in side and rear yards with the following provisions:

         (a)   Not abutting a public street, right-of-way, or park area.

         (b)   Synthetic grass is not allowed in a drainage swale or culvert.

         (c)   Synthetic grass is not allowed in the drip line of a tree canopy as defined at the mature growth stage.

         (d)   Synthetic grass must have an approved edge border (bender board, paver, concrete mow strip, etc. with minimum thickness of three-eights inch) defining the perimeter boundary between natural area as well as along property edges. The synthetic grass must not extend beyond your property line. A 12-inch clearance from property lines is recommended.

         (e)   Existing sprinklers systems running underneath or spraying onto synthetic grassed areas need to be decommissioned.

      (1)   A landscape plan or design illustrating the location of planned synthetic grassed areas and abutting natural areas. All landscaping feature including trees and shrubs must be located. A plan for drainage of the synthetic grassed areas must also be included. A typical cross section details on the compacted base design must be provided.

      (2)   Complete specifications on all materials to be used for the synthetic grass installation, not limited to the turf, infill material, joining material (adhesive, tape), border, and compacted base must be provided.

      (3)   Qualifications or certifications of the contractor or installer.

      (1)   The compacted base underneath the synthetic grass needs to be designed in a manner to allow water to naturally permeate into the sub-surface and not to pool or noticeably run-off into a public storm sewer or right-of-way. Additional drainage scope may be required to properly discharge the water from the synthetic grassed areas into or directed to a storm sewer.

      (2)   The color of the synthetic grass needs to simulate the appearance of natural grass in the surrounding area during summer months. No permanent paintings or markings of the synthetic grass is allowed.

      (3)   Seams must not be easily visible and grain must be consistent between synthetic grass areas. Seams can be taped or glued, but not sewn.

      (4)   Synthetic grass must be affixed to a permeable backing with punched holes to allow for proper drainage of rain water.

      (5)   Synthetic grass must have a minimum face weight of 60 ounces per square yard.

      (6)   Synthetic grass must come with a minimum 12 year no-fade guarantee, contain no lead, and of polyethylene, polypropylene, or nylon composition. Any alternate synthetic grass will require approval from the Building Department prior to installation or be subject to removal.

      (7)   Synthetic grass height must be between 1.75 and 2.25-inches tall. Putting greens are considered a sports-field and subject to different zoning requirements.

      (8)   In-fill medium must be a clean coated sand product (non-organic) brushed into the fibers to keep them upright and provide ballast to avoid movement. Any deviations of in-fill materials must be approved by the Building Department prior to use or be subject to removal.

      (1)   Synthetic grass must be properly maintained. Failure to do so can result in a notice of violation for improper maintenance. Some of the most common maintenance items include:

(Ord. O-18-22, passed 7-11-2022)