This Zoning Ordinance of the city is enacted for the purpose of promoting the public health, safety, morals, convenience and general welfare; establishing land use classifications; dividing the city into districts imposing regulations, restrictions and prohibitions upon the use and occupancy of real property; limiting the height, area and bulk of buildings and other structures and providing for yards and other open spaces about them; establishing standards of performance and design; and providing for the administration and enforcement thereof.

(Ord. 98-104, passed 9-14-1998)

   Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code shall be known and may be cited and referred to as the “Zoning Ordinance for Mason, Ohio” or “Zoning Ordinance.”

(Ord. 98-104, passed 9-14-1998)

   In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Wherever this Zoning Ordinance imposes a greater restriction than is imposed or required by other provisions of the law or by other rules or regulations or ordinances, the provisions of this Zoning Ordinance shall govern.

(Ord. 98-104, passed 9-14-1998)

   This Zoning Ordinance and the various parts, chapters, sections and subsections thereof are hereby declared to be severable. If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Ordinance shall not be affected thereby.

(Ord. 98-104, passed 9-14-1998)

   The Clerk of Council is hereby ordered and directed to certify the passage of this Zoning Ordinance.

(Ord. 98-104, passed 9-14-1998)

   All other ordinances of the city, inconsistent with the provisions of this Zoning Ordinance and to the extent of the inconsistency and no further, are hereby repealed.

(Ord. 98-104, passed 9-14-1998)

   For the purpose of this Zoning Ordinance, certain terms or words used herein shall be interpreted as follows, unless the context clearly indicates or requires a different meaning.

   (a)   The word PERSON includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

   (b)   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

   (c)   The word SHALL or WILL is a mandatory requirement, the word MAY is a permissive requirement, and the word SHOULD is a preferred requirement.

   (d)   The words USED or OCCUPIED include the words INTENDED, DESIGNED or ARRANGED TO BE USED OR OCCUPIED.

(Ord. 99-207, passed 1-10-2000)

   Chapter 1115 of Title One (Subdivision Regulations) of the City of Mason Zoning Ordinance.

(Ord. 99-207, passed 1-10-2000)

   A use or structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal use or structure and which is subordinate to or serves the principal use or structure, is subordinate in area to the principal use or structure, and is customarily incidental to the principal use or structure. ACCESSORY USE includes anything of a subordinate nature detached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles, poster panels and billboards. ACCESSORY USE does not mean or include structures providing utility service to the parcel, such as gas, electric or water.

(Ord. 99-207, passed 1-10-2000; Ord. 2001-04, passed 2-12-2001)

   The primary use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however that:

   (a)   The operation of any accessory uses shall be secondary to that of normal agricultural activities; and

   (b)   The above uses shall not be located within 100 feet of any residential zoning district. AGRICULTURE does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.

(Ord. 99-207, passed 1-10-2000)

   A public or private way not more than 30 feet wide affording only secondary means of access to abutting property.

(Ord. 99-207, passed 1-10-2000)

   A room or suite of rooms in a multi-family dwelling or multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit, but does not include a condominium, landominium or townhouse where each unit is individually owned.

(Ord. 99-207, passed 1-10-2000)

   A right-of-way designed and approved for purposes of providing vehicular access and meeting the requirements of the Thoroughfare Plan where appropriate.

(Ord. 99-207, passed 1-10-2000)

   A complete set of reproducible drawings, including an electronic Autocad file of the drawing, drawn to scale, with field-verified locations of improvements shown on the construction drawings, including, but not limited to water mains; sanitary and storm sewer alignments, grades and sizes; sanitary manholes, storm manhole and catch basin locations with elevations for rim and all flowlines; sanitary sewer building tap locations; waterline locations; detention/retention basin volume checks; water house service tap locations; fire hydrant locations; valve locations; and all changes from approved construction drawings.

(Ord. 99-207, passed 1-10-2000)

   An open area other than a street used for the display, sale or rental of new or used motor vehicles, mobile homes, recreational vehicles or trailers in operable condition and where no repair work is done.

(Ord. 99-207, passed 1-10-2000)

   An establishment principally used for the dispensation, sale or offering for retail sale of automobile fuels or oils and may include facilities for the sale of other retail products. An AUTOMOBILE SERVICE STATION shall not include major or minor automobile repair uses.

(Ord. 99-207, passed 1-10-2000)

   The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

(Ord. 99-207, passed 1-10-2000)

   Motor repair or replacement, transmission repair or replacement, exhaust system repair or replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, radiator repairs and/or other similar major mechanical work.

(Ord. 99-207, passed 1-10-2000)

   Oil and fluid changes, tune-ups, wheel balancing and mounting, minor tire repair, replacement of lamps, bulbs, filters, belts, valves, gaskets and the like, and the repair or replacement of minor mechanical or electrical components.

(Ord. 99-207, passed 1-10-2000)

   A story having part but not less than one-half its height below grade. A basement is counted as one-half story for the purpose of height regulations.

(Ord. 99-207, passed 1-10-2000)

   A building or part thereof, other than a hotel, boarding house, lodging house or motel, with one to five guest rooms, where lodging is provided by a resident family in its home for compensation, mainly for transients.

(Ord. 99-207, passed 1-10-2000)

   A tract of land bordered on all sides by streets; or by one or more streets and a railroad right-of-way, waterway, unsubdivided acreage or other barrier to the continuity of development.

(Ord. 99-207, passed 1-10-2000)

   The Zoning Board of Appeals.

(Ord. 99-207, passed 1-10-2000)

   Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind.

(Ord. 99-207, passed 1-10-2000)

   A subordinate building not attached by a permanent roof or wall to, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. (Ord. 99-207, passed 1-10-2000)

   The vertical distance from the grade at a building line to the highest point of the coping of a flat roof or to the mean height level between the eaves and ridge line for a mansard, pitch or hip roof.

(Ord. 99-207, passed 1-10-2000)

   A building in which is conducted the main or principal use of the lot on which the building is situated.

(Ord. 99-207, passed 1-10-2000)

   A line established by the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except that otherwise may be provided.

(Ord. 99-207, passed 1-10-2000)

   Commercial uses that cater to and can be located in close proximity to or within residential districts, without creating undue vehicular congestion. Convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores of less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.

(Ord. 99-207, passed 1-10-2000)

   Commercial uses that generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, to also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.

(Ord. 99-207, passed 1-10-2000; Am. Ord. 2011-64, passed 8-8-2011)

   Commercial uses that generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.

(Ord. 99-207, passed 1-10-2000; Am. Ord. 2011-64, passed 8-8-2011)

   Quasi-commercial uses that may often be transitional between retail business and/or manufacturing uses, and residential uses. Office business generally accommodates the occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and drafting. Institutional offices of a charitable, philanthropic or religious or educational nature are also included in this classification.

(Ord. 99-207, passed 1-10-2000)

   Any profit-making activity that renders services primarily to other commercial or industrial enterprises, or that services and repairs appliances and machines used in homes and businesses.

(Ord. 99-207, passed 1-10-2000)

   Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

(Ord. 99-207, passed 1-10-2000)

   Personal communications accessed by means of cellular equipment and services.

(Ord. 99-207, passed 1-10-2000)

   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.

(Ord. 99-207, passed 1-10-2000)

   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 wireless communications transmission.

(Ord. 99-207, passed 1-10-2000)

   Any building or structure, including equipment shelters and guy wire anchors, accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.

(Ord. 99-207, passed 1-10-2000)

   Any freestanding structure used to support a cellular or wireless communications antenna.

(Ord. 99-207, passed 1-10-2000)

   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.

(Ord. 99-207, passed 1-10-2000)

   Land used or intended to be used for the burial of the human dead and dedicated as a cemetery for these purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of the cemetery.

(Ord. 99-207, passed 1-10-2000)

   Administering to the needs of infants, toddlers, pre-schoolers by persons other than their parents or guardians, custodians or relatives by blood, marriage, or adoption for any part of the 24-hour day in a place or residence other than the child’s own home.

(Ord. 99-207, passed 1-10-2000)

   Any place in which child day-care is provided, with or without compensation, for 13 or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to 12 children at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises shall be counted.

(Ord. 99-207, passed 1-10-2000)

   A church, synagogue, rectory, parish house or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.

(Ord. 99-207, passed 1-10-2000)

   The City of Mason, Ohio.

(Ord. 99-207, passed 1-10-2000)

   The legislative body of the City of Mason.

(Ord. 99-207, passed 1-10-2000)

   The City Engineer or his or her designated representative.

(Ord. 99-207, passed 1-10-2000)

   The City Planner.

(Ord. 99-207, passed 1-10-2000)

   A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board, or room, nor kept overnight on the premises.

(Ord. 99-207, passed 1-10-2000)

   A nonprofit association of persons who are bona fide members, paying regular dues and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(Ord. 99-207, passed 1-10-2000)

   The ordinances of a permanent and general nature of the city as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections; and designated as the codified ordinances of Mason, Ohio.

(Ord. 99-207, passed 1-10-2000)

   Any profit-making activity that is generally related to the entertainment field, such as motion

picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.

(Ord. 99-207, passed 1-10-2000)

   The City Planning Commission.

(Ord. 99-207, passed 1-10-2000)

   A plan, or any portion thereof, adopted by Planning Commission and City Council, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.

(Ord. 99-207, passed 1-10-2000)

   Any computer, machine, game or apparatus which, upon insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, and which may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which provides the user with a chance to win anything of value that is not de minimus. Machines designated for use by the State Lottery Commission and video game arcades are not computerized sweepstakes devices for purposes of this chapter.

(Ord. 2011-64, passed 8-8-2011)

   A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of Planning Commission and City Council.

(Ord. 99-207, passed 1-10-2000)

   A permit issued by the Zoning Administrator upon approval by Planning Commission and City Council to allow a use other than a principally permitted use to be established within the district.

(Ord. 99-207, passed 1-10-2000)

   A structure consisting of one or more dwelling units with varying arrangements of entrances and party walls. Its chief characteristic is that the owners possess an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, as described by R.C. Chapter 5311.

(Ord. 99-207, passed 1-10-2000)

   A complete set of engineering drawings drawn to scale containing, but not limited to, grading plans, street plans and profiles, cross sections, sanitary sewer plans and profiles, water main plans and profiles, storm sewer plans and profiles, soil erosion control, a complete topographical layout of all existing appurtenances and structures located within the right- of-way and in easements, and any other requirement as determined by the City Engineer and as outlined in the city design standards and construction drawings.

(Ord. 99-207, passed 1-10-2000)

   Any building or group of buildings providing personal assistance or nursing care for those dependent upon the services by reason of age or physical or mental impairment but not for the treatment of contagious diseases, addicts or mental illnesses.

(Ord. 99-207, passed 1-10-2000)

   Warren County, Ohio.

(Ord. 99-207, passed 1-10-2000)

   The County Engineer of Warren County, Ohio.

(Ord. 99-207, passed 1-10-2000)

   An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

(Ord. 99-207, passed 1-10-2000)

   A written promise or pledge.

(Ord. 99-207, passed 1-10-2000)

   A pedestrian access that cuts across a public roadway to adjacent streets or properties.

(Ord. 99-207, passed 1-10-2000)

   A transverse drain that channels under a street or driveway.

(Ord. 99-207, passed 1-10-2000)

   The transfer of land to the city by its owner for any public use.

(Ord. 99-207, passed 1-10-2000)

   A unit of measurement expressing the number of dwelling units per acre of land.

   (a)   GROSS DENSITY. The number of dwelling units per acre of the total area to be developed.

   (b)   NET DENSITY. The number of dwelling units per acre of land devoted to residential uses, excluding right-of-way.

(Ord. 99-207, passed 1-10-2000)

   Shall include all infrastructure costs associated with the development of a subdivision or planned unit development, including but not limited to underground and overhead utilities, grading, excavation, street improvements, landscaping and street lights.

(Ord. 99-207, passed 1-10-2000)

   Shall be defined as in the American Disabilities Act (ADA) guidelines.

(Ord. 99-207, passed 1-10-2000; Am. Ord. 2011-64, passed 8-8-2011)

   Any section of the city for which the regulations governing the use of buildings and premises and the height and area of buildings are uniform.

(Ord. 99-207, passed 1-10-2000)

   An area within the corporate limits of the city designated by Council that are subject to the regulations of Chapter 1170. Following are additional definitions that pertain to the Chapter 1170 Downtown Overlay District:

   (a)   ALTER or ALTERATION. Any material change in an existing external architectural feature of any property which lies within the Downtown Overlay District is covered in this regulation, including: demolition or removal; modification to existing signage or placement of new signage; new construction or additions; improvement to roofs, windows, siding, awnings/canopies, additions and doors/entrances, but not including the landscaping of real property and painting.

   (b)   APPLICANT. Any owner, owners, person(s), association, partnership or corporation who applied for a certificate of appropriateness in order to undertake any change on property subject to this regulation.

   (c)   BACKGROUND BUILDINGS. Buildings having a low level of architectural integrity and historic significance in the community. BACKGROUND BUILDINGS include structures from all periods of the city’s history that form the backdrop for other buildings. If they are more than 40 years old, they may have alterations or exterior changes that diminish their architectural significance.

   (d)   BOARD. See DESIGN REVIEW BOARD.

   (e)   CERTIFICATE OF APPROPRIATENESS. A certificate issued by the Design Review Board authorizing alterations to existing buildings or authorizing new construction in the Downtown Overlay District to ensure that alterations and new construction preserve the downtown’s unique historical character.

   (f)   CONTRIBUTING BUILDINGS. Buildings having a moderate-high level of architectural integrity and historic significance in the community. CONTRIBUTING BUILDINGS are at least 40 years old and retain the defining characteristics of their original construction or architectural style. This group includes buildings that contribute to the historic character of the downtown streetscape.

   (g)   COUNCIL or CITY COUNCIL. The legislative body of the City of Mason.

   (h)   DESIGN REVIEW BOARD (BOARD). The Design Review Board (Board) established under the provisions of Chapter 1170.

   (i)   DEMOLITION. The removal of all or part of a structure.

   (j)   DOWNTOWN CORE. An area of special concern in the Downtown Overlay District defined as the properties located between the Main Street/Mason- Montgomery Road intersection and the Main Street/Reading Road intersection. The Downtown Core also extends 150 feet east of the Main Street/Montgomery Road intersection and 150 feet west of the Main Street/Reading Road intersection.

   (k)   EXTERNAL ARCHITECTURAL FEATURE. The architectural style, general design and arrangement of the exterior of a structure including, but not limited to, the type, color (for new construction and rehabilitation) and texture or the building material, doors, windows, roof, porches and other appurtenant fixtures.

   (l)   LANDMARK BUILDINGS. Buildings having a high level of architectural integrity and historic significance in the community. LANDMARK BUILDINGS are at least 40 years old and retain the defining characteristics of their original construction or architectural style. They may be historically important for their association with important people or events in local history, or architecturally important as an example of a type, style or method of construction from the past.

   (m)   MAINTENANCE. See REPAIR.

   (n)   MEMBER. Any member of the Design Review Board as established under the provisions of this Regulation.

   (o)   NEW CONSTRUCTION. Any improvement made to real property that is not done in conjunction with an existing structure.

   (p)   NON-HISTORIC BUILDINGS. Buildings that are either examples of newer construction or older buildings that have had major alterations that result in a loss of historic or architectural significance.

   (q)   PLANNING COMMISSION. The Planning Commission of the city as established by Article VII, § 7.01 of the Charter of the city.

   (r)   REPAIR AND MAINTENANCE. Replacement of any part of a property where the purpose and effect of the work and replacement is to correct or prevent any deterioration or decay to the property, or any part thereof, and to restore same, as nearly as may be practicable, to its original condition and appearance, including minor repair of exterior surfaces including caulking, repointing and nonabrasive cleaning. All activities undertaken on existing buildings not deemed a minor repair by the Design Review Board shall be considered an alteration.

(Ord. 2005-136, passed 11-28-2005)

   Chapter 1117 of the Subdivision Regulations of the city.

(Ord. 99-207, passed 1-10-2000)

   See Dwelling, Two-Family in § 1133.68(c).

(Ord. 99-207, passed 1-10-2000)

   (a)   DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home, boarding or rooming house, hotel or motel.

   (b)   DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

   (c)   DWELLING, MULTI-FAMILY. A building or portion thereof designed for or occupied by three or more families.

   (d)   DWELLING, SINGLE-FAMILY. A building designed for or occupied by one family or a condominium, landominium or townhouse where each unit is individually owned.

   (e)   DWELLING, TWO-FAMILY. A building designed for or occupied by two families.

   (f)   DWELLING UNIT. Space within a building comprising living, dining and sleeping rooms, storage closets and space and equipment for cooking, bathing and toilet facilities, all used by one family and its household employees.

(Ord. 99-207, passed 1-10-2000)

   Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.

(Ord. 99-207, passed 1-10-2000)

   Not more than three persons, related or unrelated, who occupy a single dwelling unit, of whom at least one person is elderly.

(Ord. 99-207, passed 1-10-2000)

   A building or buildings containing 12 or more dwelling units where occupancy is restricted to elderly persons or households. The facilities may include emergency first aid care, day-care, therapy, personal care, nursing facilities, recreational facilities and provide for independent or semi-independent living. For the purposes of this definition, ELDERLY HOUSING FACILITY shall not include convalescent homes, nursing homes, group homes or homes for the aged.

(Ord. 99-207, passed 1-10-2000)

   Any person who is 62 years of age or older, or any person under 62 years of age who is disabled so that his or her physical impairments are of a long-term duration and impede his or her ability to live independently without a suitable housing environment.

(Ord. 99-207, passed 1-10-2000)

   Any person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14.

(Ord. 99-207, passed 1-10-2000)

   A factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purposes of this Zoning Ordinance, FACTORY- BUILT HOUSING shall include the following.

   (a)   MANUFACTURED HOME. Any nonself- propelled vehicle transportable in one or more sections which, in the traveling mode, is eight-body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, which bears a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards, being 42 U.S.C. §§ 5401 et seq.

   (b)   MOBILE HOME. Any nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in a manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of 30 feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

   (c)   MODULAR HOME. Factory-built housing certified as meeting the local or State Building Code as applicable to modular housing. Once certified by the state, MODULAR HOMES shall be subject to the same standards as site-built homes.

(Ord. 99-207, passed 1-10-2000)

   A person living alone, or two or more persons related by blood or marriage living together as a housekeeping unit, and occupying a single dwelling unit, or a group of not more than four persons, who need not be related by blood or marriage, living together as a housekeeping unit by joint agreement and occupying a single dwelling unit on a nonprofit cost sharing basis.

(Ord. 99-207, passed 1-10-2000)

   The land designated on the Flood Insurance Rate Map (FIRM), including the flood fringe and the floodway, that is subject to inundation by a regional flood, as further defined in Floodplain Management Regulations Chapter 1169.

(Ord. 99-207, passed 1-10-2000)

   A fence or structure intended for decoration and not intended as an enclosure, and which has a surface area that is less than 30% opaque.

(Ord. 99-207, passed 1-10-2000)

   A vehicle, generally a van or truck, used in the operation of a business with a company identification on the exterior of the vehicle in the form of a logo or written text. A passenger vehicle including an automobile, van, sport utility or other, with no exterior company identification, shall not be considered a FLEET VEHICLE.

(Ord. 99-207, passed 1-10-2000)

   The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows and fitting rooms, and similar areas.

(Ord. 99-207, passed 1-10-2000)

   The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.

(Ord. 99-207, passed 1-10-2000)

   All the property on one side of the street or the place between two intersecting places, crossing or terminating, measured along the line of the street or place, or if the street is dead ended, then all the property abutting on one side between an intersecting street or place in the dead end of the street or place, but not including the dead end of the street. It can also mean the length of the property line of any one premises parallel to and along each public right-of- way it borders.

(Ord. 99-207, passed 1-10-2000)

   (a)   GARAGE, PRIVATE. An accessory building designed or used for the temporary storage of motor driven vehicles, travel trailers and boats that are owned by the occupants of the building to which it is an accessory.

   (b)   GARAGE, PUBLIC. Any building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.

(Ord. 99-207, passed 1-10-2000)

   A golf course consisting of a minimum of nine holes, including all greens, tees, fairways, bunkers, traps and water hazards typically included in a golf course layout. GOLF COURSE shall not include miniature or putt-putt courses.

(Ord. 99-207, passed 1-10-2000)

   (a)   ADULT FAMILY HOME. A residential facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults.

   (b)   ADULT GROUP HOME. A residential facility that provides accommodations to six to 16 unrelated adults and supervision and personal care services to at least three of those adults.

   (c)   FAMILY HOME. A residential facility that provides room and board, personal care, rehabilitation services and supervision in a family setting for at least six but not more than eight mentally retarded or developmentally disabled persons.

   (d)   FOSTER FAMILY HOME. A residential facility that provides room and board, personal care, rehabilitation services and supervision in a family setting for not more than five mentally retarded or developmentally disabled persons.

   (e)   FOSTER HOME. A family home in which any child is received apart from his or her parents for care, supervision or training.

   (f)   GROUP HOME. A residential facility that provides room and board, personal care, rehabilitation services and supervision in a family setting for at least nine but not more than 16 mentally retarded or developmentally disabled persons.

(Ord. 99-207, passed 1-10-2000)

   A business located in a single-family district which is accessory to the residence and exclusively operated and owned by the property owners for the purpose of cutting and/or styling hair. The business shall be located in a portion of the residence or in an accessory building.

(Ord. 99-207, passed 1-10-2000)

   An accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit, or elsewhere on the premises by zoning certificate, without any significant adverse effect upon the surrounding neighborhood.

(Ord. 99-207, passed 1-10-2000)

   An institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient department, training, facilities, central service facilities and staff offices which are integral part of the facility.

(Ord. 99-207, passed 1-10-2000)

   A building open to the public and used as an abiding place for compensation lodged with or without meals.

(Ord. 99-207, passed 1-10-2000)

   Any material including, but not limited to, buildings, roads, sidewalks, patios and parking areas, but excluding gravel, that reduces and prevents absorption of stormwater into previously undeveloped land.

(Ord. 99-207, passed 1-10-2000)

   The area of a site occupied by impervious surfaces divided by the area of the entire site and expressed as a decimal or percentage. For example: 25,000 square feet impervious surface/50,000 square feet of total site area = .5 or 50%

(Ord. 99-207, passed 1-10-2000)

   Any construction, reconstruction, improvement, enlargement, alteration, demolition or repair of any highway, drainage system, water system, road, street, alley, sewer, ditch, storm drain, street light, flood control and drainage facility, utility line, landscaping and any other structure or work of any nature normally associated with the development of raw land into building sites.

(Ord. 99-207, passed 1-10-2000)

   A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; including auto wrecking yards, house wrecking yards, used material yards, but not including places for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.

(Ord. 99-207, passed 1-10-2000)

   Any structure or premises on which five or more domesticated animals are groomed, bred, boarded and/or trained for compensation and may be offered minor medical treatment.

(Ord. 99-207, passed 1-10-2000)

   A building consisting of one or more dwelling units with varying arrangements of entrances and configuration of structure. Its chief characteristic is that each resident enjoys exclusive ownership of his or her individual unit and some portion of land. Each unit owner also retains an undivided interest in certain common facilities and areas.

(Ord. 99-207, passed 1-10-2000)

   Chapter 939 of the codified ordinances of the city.

(Ord. 99-207, passed 1-10-2000)

   (a)   LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and/or area, and to provide the yards and other open spaces as are herein required. The lot shall have frontage on an improved public or private street, and may consist of:

      (1)   A single lot of record;

      (2)   A portion of a lot of record;

      (3)   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record, provided that it is recorded as one lot; or

      (4)   A parcel of land described by metes and bounds description, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Zoning Ordinance.

   (b)   LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under yards in § 1133.170.

   (c)   LOT LINES. The lines bounding a lot.

   (d)   LOT MEASUREMENTS. See Figure 1133.01.

      (1)   AREA OF A LOT. Shall be computed from the area contained in horizontal plane defined by the lot lines.

      (2)   DEPTH OF A LOT. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

      (3)   FLAG LOT. A more efficient building lot configuration designed to allow an interior lot access to a right-of-way or where natural or other limitations would restrict a full lot width at the street frontage.

      (4)   WIDTH OF A LOT. The distance between straight lines connecting front

   and rear lot lines at each side of the lot measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80% requirements shall not apply.

   Figure 1133.01 - Lot Measurements Illustrated

   (e)   LOT, RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Warren County, Ohio, or of a lot described by metes and bounds, the description of which has been recorded in the office.

   (f)   LOT, CORNER. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the furthermost points of the side lot lines to the foremost points of the side lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See Figure 1133.02.

   (g)   LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street other than an alley. See Figure 1133.02.

   (h)   LOT, REVERSED FRONTAGE. A lot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot. See Figure 1133.02.

   (i)   LOT, THROUGH. A lot other than a corner lot with frontage on more than one street other than an alley. THROUGH LOTS with frontage on two streets may be referred to as double frontage lots. See Figure 1133.02.

(Ord. 99-207, passed 1-10-2000)

   A one- to two-year surety given to the city by the subdivider that guarantees the subdivision’s physical improvements against workmanship and materials defects after the city has accepted the improvements.

(Ord. 99-207, passed 1-10-2000)

   A term indicating a permissive requirement.

(Ord. 99-207, passed 1-10-2000)

   Any cellular or wireless communications antennas which consist 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.

(Ord. 99-207, passed 1-10-2000)

   A division of a parcel of land not requiring a plat to be approved by the Planning Commission according to R.C. § 711.131. The parcel shall be subject to the requirements set forth in Chapter 1114 of the Subdivision Regulations.

(Ord. 99-207, passed 1-10-2000)

   Any site, or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of the park. All developments of this nature fall under the jurisdiction of the Warren County Health District, and are subject to the regulations thereof.

(Ord. 99-207, passed 1-10-2000)

   A series of attached or detached sleeping or living units, for the lodging of transient guests, offered to the public for compensation, and with convenient access of off-street parking spaces for the exclusive use of the guests or occupants.

(Ord. 99-207, passed 1-10-2000)

   Permanent concrete or iron markers used to establish definitely lines of the plat of a subdivision, including lot corners, boundary line corners and points of change in street alignment.

(Ord. 99-207, passed 1-10-2000)

   Chapter 511 of the codified ordinances of the city.

(Ord. 99-207, passed 1-10-2000)

   Lots, uses of land, structures and uses of structures and land in combination lawfully existing at the time of enactment of this chapter or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.

(Ord. 99-207, passed 1-10-2000)

   An extended or intermediate care facility that provides skilled nursing or dietary care for persons who are ill or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation. The term CONVALESCENT HOME is used synonymously with NURSING HOME. NURSING HOME excludes homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism or other drug dependency, or for persons who are mentally incapacitated from causes other than senility who regularly require supervision.

(Ord. 99-207, passed 1-10-2000)

   The purpose for which a building or portion thereof is used.

(Ord. 99-207, passed 1-10-2000)

   A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes, or in which occupants are engaged at labor; and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code.

(Ord. 99-207, passed 1-10-2000)

   An area substantially open to the sky that may be on the same lot with a building and be of reasonable size and location to conduct recreational or leisure activity. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, parking areas that serve the open space, and any other recreational facilities that the Planning Commission deems permissive. Retention and detention ponds may be included if partially dedicated to recreational use. Streets, parking areas not dedicated to open space, structures for habitation and the like shall not be included.

(Ord. 99-207, passed 1-10-2000)

   The area of a site used for open space, excluding land for right-of-way, divided by the gross site area and expressed as a decimal or percentage. For example: 25 acres open space/100 acres gross site area = .25 or 25%

(Ord. 99-207, passed 1-10-2000)

   The contiguous land under the same ownership at the time the parcel or parcels were acquired.

(Ord. 99-207, passed 1-10-2000)

   An abbreviation for the Ohio Revised Code.

(Ord. 99-207, passed 1-10-2000)

   Property shown on the subdivision plat and which is not part of the proposed plat.

(Ord. 99-207, passed 1-10-2000)

   A district described by the zoning map within which, through superimposition of a special designation, further regulations and requirements apply in addition to those of the underlying districts to which the designation is added.

(Ord. 99-207, passed 1-10-2000)

   Any piece of land described by a current deed.

(Ord. 99-207, passed 1-10-2000)

   Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

(Ord. 99-207, passed 1-10-2000)

   An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles.

(Ord. 99-207, passed 1-10-2000)

   An area of land with a paved surface of asphaltic concrete or concrete, both as defined in Chapter 901 of the codified ordinances, suitable in thickness and size to permit the parking or storage of one motor vehicle and which area is connected by a paved driveway to a street or alley of sufficient width to permit ingress and egress of an automobile or other larger motor vehicles.

(Ord. 99-207, passed 1-10-2000)

   A certificate or evidence of debt, based on an estimate of construction cost approved by the City Engineer, guaranteeing the completion of physical improvements, which protects the city against loss due to inability or refusal of an individual, subdivider or contractor to perform his or her obligation.

(Ord. 99-207, passed 1-10-2000)

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

(Ord. 99-207, passed 1-10-2000)

   An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

(Ord. 99-207, passed 1-10-2000)

   An area of land in which a variety of housing, recreational, commercial and/or industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. Requirements for the development in addition to those of the standard subdivision, such as building design principles and landscaping plans, are contained in Chapter 1161.

(Ord. 99-207, passed 1-10-2000)

   The Planning Commission of the city as established by Article VII, § 7.01 of the Charter of the city.

(Ord. 99-207, passed 1-10-2000)

   A map or drawing showing the plan of the subdivision of a tract or parcel of land.

   (a)   FINAL PLAT. The map or set of maps which presents all data required by these regulations and bears substantial conformance to the preliminary plat as determined by the Planning Commission. A final plat submittal includes all improvement and drainage plans required for the subdivision. When approved, the plat is signed by Planning Commission, City Council, the City Engineer and other appropriate county officials or agencies and is recorded by the Warren County Recorder as a permanent record.

   (b)   PRELIMINARY PLAT. The map or set of maps which presents the proposed subdivision design, along with all of the information required in these regulations, which enables the Planning Commission to accurately review the proposal. Approval of the preliminary plat by Planning Commission and City Council entitles the subdivider to prepare a final plat for construction and recording of the subdivision.

(Ord. 99-207, passed 1-10-2000)

   A firm, association, syndicate, corporation, co- partnership, municipal authority or public agency, board or commission, duly authorized to furnish and furnishing under governmental regulations, to the public: facilities, products or services such as gas, steam, electricity, sewage disposal, communications, transportation, water and the like.

(Ord. 99-207, passed 1-10-2000)

   An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, highway, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, land, walk or other way in which the general public or a public entity has a right for transportation or pedestrian purposes or which is dedicated thus, whether improved or not.

(Ord. 99-207, passed 1-10-2000)

   All repairs and maintenance determined by the City Engineer to be necessary to ensure the safety and convenience of the users of the improvements and includes, but is not limited to: removal of ice, snow, dirt, mud, obstructions and debris; repairing broken or damaged sewer and water lines; and repairing potholes, broken or spalled rigid and/or flexible pavement.

(Ord. 99-207, passed 1-10-2000)

   Any eating and/or drinking establishment designed for food and/or drinks to be consumed by persons in vehicles parked on the premises or to be taken off-site.

(Ord. 99-207, passed 1-10-2000)

   An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state and whose principal method of operation includes the delivery to customers of food and/or beverages served in eatable containers or in paper, plastic or other disposable containers for consumption:

   (a)   Within the restaurant building;

   (b)   Within a motor vehicle parked on the premises; or

   (c)   Off the premises, as carry-out orders.

(Ord. 99-207, passed 1-10-2000)

   An establishment whose principal business is the sale of food and/or beverages to customers in a ready- to-consume state, and whose principal method of operation includes one or both of the following characteristics:

   (a)   Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or

   (b)   A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

(Ord. 99-207, passed 1-10-2000)

   (a)   Franchise or formula retail. A type of retail sales activity or retail sales establishment which, along with 11 or more other retail sales establishments located in the United States, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a servicemark.

   (b)   Large scale retail establishment. A single building or one or more attached or detached buildings including shopping centers that include permitted retail and related uses with a combined building area of 20,000 square feet or more.

(Ord. 2006-81, passed 8-28-2006)

   Land taken or dedicated for use as a public way. In addition, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities; and may also include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges. Public streets and roads are RIGHTS-OF-WAY.

(Ord. 99-207, passed 1-10-2000)

   The paved area between the edges of right-of- way bounding every public way and that is to be used for vehicular traffic. Unpaved and paved shoulders are included in a ROADWAY.

(Ord. 99-207, passed 1-10-2000)

   A public or private sewerage collection system that conveys sewage to a central sewage treatment plant approved by the Ohio Environmental Protection Agency.

(Ord. 99-207, passed 1-10-2000)

   Any school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with the applicable statutes of the state.

(Ord. 99-207, passed 1-10-2000)

   (a)   SETBACK, FRONT. A line that is generally parallel to the front property line and that defines the minimum distance from the property line that any building, structure or other use may be constructed or placed.

   (b)   SETBACK, REAR. A line that is generally parallel to the rear property line and that defines the minimum distance from the property line that any building, structure or other use may be constructed or placed.

   (c)   SETBACK, SIDE. A line that is generally parallel to the side property line and that defines the

minimum distance from the property line that any building, structure or other use may be constructed or placed.

(Ord. 99-207, passed 1-10-2000)

   A term indicating a mandatory requirement.

(Ord. 99-207, passed 1-10-2000)

   A term indicating a preferred requirement.

(Ord. 99-207, passed 1-10-2000)

   A group of commercial establishments and businesses permitted in the B-2 district.

(Ord. 99-207, passed 1-10-2000)

   A group of small convenience shops such as carry-outs, located in or adjacent to residential areas.

(Ord. 99-207, passed 1-10-2000)

   (a)   The sight distances as defined in the most recent edition of the Ohio Department of Transportation’s Location and Design Manual, Volume I, § 201.1, which, at the time of the adoption of this chapter, stated:

      (1)   STOPPING SIGHT DISTANCE (SSD). The distance a motorist should be able to see ahead so that he or she will be able to stop from a given design speed, short of an obstruction or foreign object.

      (2)   INTERSECTION SIGHT DISTANCE (ISD). The distance a motorist should be able to see other traffic operation on the intersected highway so that he or she can enter or cross the highway safely.

      (3)   PASSING SIGHT DISTANCE (PSD). The distance a motorist should be able to observe oncoming traffic on a two- lane, two-way road so that he or she can pass a vehicle safely.

   (b)   If the definitions are revised by the Ohio Department of Transportation, the revised definitions shall apply.

(Ord. 99-207, passed 1-10-2000)

   (a)   ADVERTISING SIGN. A sign that directs attention to a business, product, activity or service which is not conducted, sold or offered upon the premises where such sign is located.

   (b)   ANIMATED SIGN. Any sign, which, by method or manner of illumination, flashes on and off, winks, or blinks varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of moving.

   (c)   AREA. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in computation of surface area.

   (d)   AWNING, CANOPY OR MARQUEE. A sign that is mounted on, painted on, or attached to an awning, canopy or marquee (see Figure 1133.3).

   (e)   BANNER. A sign made of fabric, plastic, paper or other non-ridged material with no enclosing framework.

   (f)   BALLOON. A nonporous bag of light material filled with air or heated air or a gas lighter than air intended to be either flown in the atmosphere or placed stationary on the ground or a structure, connected to the ground or structure by a rope, string, ribbon or wire.

   (g)   BALLOON SIGN. One or more balloons used as a permanent or temporary sign or as a means to direct attention to any business or profession or commodity or service sold, offered or manufactured.

   (h)   BUILDING CODE. The City Building Code as may be adopted and amended from time to time by resolution of the City Council.

   (i)   BUSINESS. A sign, which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.

   (j)   CHANGEABLE COPY. A sign or portion thereof designed to periodically accommodate message or price changes. CHANGEABLE COPY SIGNS include the following:

      (1)   Electronically controlled signs;

      (2)   Manually controlled signs for business purposes;

      (3)   Manually controlled bulletin board sign located on the property of a public, institutional, religious or charitable organization which are used to identify the name of the institution or organization and to announce its activities; and

      (4)   Manually or electronically controlled gasoline price signs.

   (k)   COMMERCIAL MESSAGE. Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

   (l)   CONSTRUCTION. A sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services, material or labor to the premises, which sign is intended for a limited period of display and erected on the same lot or parcel as the work being done.

   (m)   DIRECTIONAL. A sign directing vehicular or pedestrian movement onto or within a premise with no identification or commercial advertising on the sign.

   (n)   DIRECTORY SIGN. A ground or wall sign that lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information.

   (o)   DOMESTIC ADVERTISING. A sign advertising the sale of household goods previously used by an individual or his or her family, when such sign is located at the place of residence of the individual or family.

   (p)   ELECTRONIC MESSAGE BOARD. Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

   (q)   FESTOON. A string of ribbons, tinsels, small flags, pinwheels or lights typically strung overhead in loops.

   (r)   FLAG. A banner of distinctive design used as a symbol of a nation, state or other governmental entity.

   (s)   FLASHING. Any illuminated sign on which the artificial light or any part thereof has conspicuous or intermittent variation in intensity or color.

   (t)   FREESTANDING. A sign supported by one or more uprights, poles, braces, or bases in or upon the ground, and not attached to any building (see Figure 1133.3 below). FREESTANDING signs include, but are not limited to:

      (1)   BULLETIN BOARD. A structure containing a surface upon which is displayed the name of a religious institution, school or library, auditorium, stadium, athletic field or area of similar use for the announcement of services or activities to be held therein.

      (2)   GROUND MOUNTED SIGN. A three- dimensional, self supporting, base mounted, freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is displayed.

      (3)   MONUMENT SIGN. A freestanding sign supported by a base anchored in the ground located in close proximity to the entrances of an office or industrial park provided that the entrance into the office or industrial park is a public thoroughfare. A MONUMENT SIGN is an integrated component of an overall entryway design theme that typically includes landscaping, lighting and signage.

      (4)   POLE SIGN. A freestanding sign that is mounted on or supported by one or more uprights, pylons or poles located in or upon the ground so that the bottom edge of the sign is above grade.

   (u)   FRONTAGE, BUILDING. The length of the portion of a building occupied by a single business facing a street abutting the premises on which the business is located.

   (v)   GASOLINE PRICE SIGN. A sign which is used to advertise the price of gasoline on-site. In the event that the brand identification sign is attached to or is a part of the gasoline price sign advertising price, that portion of the sign used for advertising price shall be considered the GASOLINE PRICE SIGN. However, the GASOLINE PRICE SIGN shall be counted as part of the total sign area whether or not the gasoline price sign is attached to other signs.

   (w)   GOVERNMENTAL. A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, resolution or other governmental regulation.

   (x)   HEIGHT. The vertical distance from the uppermost point used in measuring the area of the sign to the centerline of the road on which the property fronts or the elevation of the base of the sign, whichever is lowest.

   (y)   HOLIDAY DECORATION. Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

   (z)   IDENTIFICATION. A sign limited to the name, address and number of a building, institution or persons and to the activity carried on in the building or institution, or the occupancy of the person.

   (aa)   ILLUMINATION. Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.

      (1)   EXTERNAL ILLUMINATION. A light source external to a sign that is not seen directly and is shielded from view.

      (2)   INTERNAL ILLUMINATION. A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

   (bb)   INCIDENTAL. A small sign, emblem, or decal informing the public of goods, services, available on the premises. Examples of INCIDENTAL SIGNS include credit card signs, signs indicating hours of operations, no smoking signs, signs used to designate bathrooms and business affiliation signs (see Figure 1133.3 below).

   (cc)   INTERIOR, EXTERIOR. The following: interior signs are located within a structure, and are not intended to be seen from the exterior; signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended

for viewing from the exterior, shall be considered exterior signs.

   (dd)   MARQUEE. A permanent roof like structure or canopy supported by and extending from the face of the building. The sign is attached to or supported by the marquee structure.

   (ee)   MEMORIAL. A sign, tablet or plaque memorializing a person, event, structure or site.

   (ff)   NAME PLATE. A sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying space in such building or premises.

   (gg)   OFF-PREMISE ADVERTISING. A sign which contains a message unrelated to a business, profession, commodity, service, activity, sold or offered upon the premises where such sign is located. A billboard is a type of OFF-PREMISE ADVERTISING SIGN.

   (hh)   ON-PREMISES ADVERTISING. Any sign related to a business or profession conducted or a commodity or service sold or offered upon the premises where such sign is located.

   (ii)   ON-SITE INFORMATIONAL. A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property including signs marking entrances and exits, parking areas, circulation direction, restrooms, and pick-up and delivery areas.

   (jj)   POLITICAL. A sign which promotes, identifies, announces, opposes, or otherwise offers the public consideration of any political candidate or issue, partisan or nonpartisan.

   (kk)   PORTABLE. A sign that is attached to wheels, skids, or other forms of mounting, which is not permanently affixed in or to the ground (see Figure 1133.3 below). Examples include but are not limited to:

      (1)   CHANGEABLE COPY PORTABLE SIGN. Any sign that is designed to be moved and has a sign face or sign faces that hold changeable copy letters to create various messages. These signs may or may not have wheels.

      (2)   FOLDING PORTABLE SIGN. Any sign supported by an A-frame or T- frame base which is designed to be easily movable and is intended for advertising price and/or incidental goods or services.

      (3)   TRAILER SIGN. Any sign attached to, supported by or part of a structure which is designed to be moved on trailer wheels, skids, or other similar device or transported, pushed or pulled by a motor vehicle.

   (ll)   PROJECTING. A sign affixed to any building or part thereof, or structure, extending beyond the building wall or parts thereof, or structure, by more than 12 inches (see Figure 1133.3 below). A PROJECTING SIGN shall not include a ground or wall sign as herein defined.

   (mm)   PROMOTION. A temporary sign, the function of which is to announce a special event. PROMOTION SIGNS may advertise grand openings, festivals, annual events and the like.

   (nn)   REAL ESTATE. A sign advertising for sale, lease, or rent the parcel or real estate on which the sign is located. Also, temporary directional signs less than four square feet in message area displayed during the hours in which an “open house” showing of real property for sale, lease or rent is actually being conducted shall be considered real estate signs, even though they may not be located on the parcel of real estate being advertised. “Sold” signs shall be considered commercial advertising signs.

   (oo)   RESIDENTIAL ENTRANCEWAY SIGN. A type of monument sign located at the entrance or entrances of residential subdivisions that incorporate high quality building materials and landscaping to create a uniquely identifiable landmark for the subdivision.

   (pp)   ROOF-MOUNTED. Any sign which is erected over the roof or parapet above the roof-line and/or receives any or all its support from the roof structure.

   (qq)   SIGN. A name, identification, description, display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land; or affixed to the glass on the outside or inside of a window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization or business.

   (rr)   SIGNATURE WALL SIGN. A wall sign typically placed beneath the roof line of an industrial or office building wall facing an interstate highway for the sole purpose of advertising a company name or logo to a regional audience.

   (ss)   STREAMER. A long, narrow ribbon-like flag.

   (tt)   STRUCTURE, SIGN. The supports, uprights, bracing or framework for signs.

   (uu)   TEMPORARY. A banner, pennant, poster display, or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, person, institution, organization, or business and is constructed of cloth, plastic sheet, cardboard, or other like materials and which is intended to be displayed for a limited period of time (see Figure 1133.3 below).

   (vv)   WALL. Any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than 15 inches from the face of the wall.

   (ww)   WARNING. Any sign indicating danger or a situation which is potentially dangerous.

   (xx)   WINDOW, PERMANENT. Any sign visible from the exterior of a building or structure which is painted, attached, glued or otherwise affixed to a window or depicted upon a card, paper, or other material and placed on, taped on, or hung immediately behind the window or displayed from a window for the specific purpose of identifying the proprietor or name of business to the passer-by (see Figure 1133.3 below).

   (yy)   WINDOW, TEMPORARY. Any sign visible from the exterior of a building or structure which is painted on a window, depicted upon a card, paper, or other material or placed on, taped on, or hung immediately behind the window, or displayed from a window for the specific purpose of attracting attention of the passer-by to a sale, or to promotional items, or other products or services.

   Figure 1133.3 Sign Types Illustrated

(Ord. 99-207, passed 1-10-2000; Ord. 2003-99, passed 10-8-2003; Am. Ord. 2011-64, passed 8-8-2011)

   There is hereby established the office of Zoning Administrator within the Engineering and Building Department. It shall be the duty of the Zoning Administrator to enforce this Zoning Ordinance in accordance with the provisions of this Zoning Ordinance, the Landscape Ordinance, the Comprehensive Development Plan, the Thoroughfare Plan, the Subdivision Regulations, the access management regulations, the traffic impact study regulations, the regulations for driveway approaches and curb cuts, the Water Master Plan, the Wastewater System Master Plan, the standard construction drawings, the Bicycle and Pedestrian Way Master Plan, Stormwater Regulations and any other applicable sections of the codified ordinances of the city. All departments, officials and public employees of the city, vested with the duty and authority to issue permits or licenses, shall conform to the provisions of this Zoning Ordinance and shall not issue any permit or license for any use, building or purpose in conflict with the provisions of this Zoning Ordinance. Any permit or license issued in conflict with the provisions of this Zoning Ordinance, shall be null and void and shall be of no effect whatsoever.

(Ord. 99-207, passed 1-10-2000; Ord. 2001-26, passed 2-26-2001; Ord. 2004-155, passed 1-10-2005)

   (a)   Required. No owner shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate has been issued. The zoning certificate shall show that the building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance, the Landscape Ordinance, the Comprehensive Development Plan, the Thoroughfare Plan, the Subdivision Regulations, the access management regulations, the traffic impact study regulations, the regulations for driveway approaches and curb cuts, the Water Master Plan, the Wastewater System Master Plan, the standard construction drawings and any other applicable sections of the codified ordinances of the city.

   (b)   Authority to proceed with construction. No excavation or construction shall commence unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance and authority to proceed is granted by the City Engineer or his or her agent.

   (c)   Nonconforming uses. A zoning certificate shall be required of all nonconforming uses showing thereon the nature, extent and status of the nonconforming use. Application for the zoning certificate for nonconforming uses shall be filed within six months from the effective date of this Zoning Ordinance. No zoning certificate shall be required for any nonconforming use for which a zoning certificate was previously issued under Ordinance E92 of the city and which has remained thereof a lawful nonconforming use. The fee for this zoning certificate shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time. However, no fee shall be charged for a zoning certificate where a building permit fee is paid to the Building Department or for nonconforming uses. The fees shall be paid to the Building Department. If the property owner fails to obtain the required zoning certificate and has not previously obtained a zoning certificate within the six- month time period, the nonconforming use shall be deemed to have been abandoned and any further use of the property must comply with the provisions of the City Zoning Ordinance.

   (d)   Other permits required. Obtaining a zoning certificate shall not excuse compliance with any and all other applicable provisions of the codified ordinances and in the case of any conflict between the Zoning Ordinance and any other provision, the more restrictive provision shall apply.

(Ord. 99-207, passed 1-10-2000)

   There are established three procedures to aid in the administration of this Zoning Ordinance. They are:

   (a)   A short, informal procedure for small and essentially noncommercial construction or reconstruction, for the refacing of existing signs, and for the minor improvements of existing commercial establishments and apartment complexes;

   (b)   A longer, formal procedure requiring Planning Commission approval for larger and essentially commercial construction or reconstruction; and

   (c)   Special procedures for PUD Districts in Chapter 1161 hereof.

(Ord. 98-104, passed 9-14-1998)

   Qualifying persons shall utilize the procedure in this section in applying for a zoning certificate.

   (a)   Construction, enlargement or structural alteration of the following shall be subject to the informal procedure:

      (1)   Single-family residence or accessory structure;

      (2)   Multi-family dwelling of three units or less;

      (3)   Signs;

      (4)   Nonresidential addition up to 25% of the original floor area, not to exceed 10,000 square feet;

      (5)   Cellular or wireless communication antennas mounted on existing structures according to § 1188.04(a)(1); and

      (6)   Gas, electric, water, sewer, cable and telephone utility stations.

   (b)   To proceed with any of the projects listed in division (a) hereof, the applicant shall apply for a zoning certificate by submitting to the Zoning Administrator application fees and five copies of a site and landscape plan as required by the landscape code and supporting drawings, drawn to scale on a maximum 24-inch by 36-inch sheet. The site and landscape plan shall contain the following information:

      (1)   The dimensions of the proposed development. If different uses are to be located in a building or lot, the location and dimensions of each use;

      (2)   A landscape plan, including all landscaping features of the proposed development, including the placement of trees, flowers, shrubs and grass, in conformance of the requirements of the Landscape Code;

      (3)   The location and dimensions of all signs proposed to be located on the proposed development;

      (4)   The location and dimensions of all parking and loading facilities, access drives and curb cuts;

      (5)   A concise statement signed by the applicant, or in the case of a corporation, partnership, association or other business entity, a statement sworn to by its authorized agent, attesting that, in the event a zoning certificate is issued for the proposed development, no other reductions, revisions or modifications of the plan shall be made without the express approval of the Zoning Administrator;

      (6)   Plans, representing with exactitude all building, engineering, traffic and architectural features of the proposed development;

      (7)   Plans, representing with exactitude the placement of all utilities upon the premises of the proposed development;

      (8)   Water management sediment control plan and stormwater management plan according to Chapter 1119, if required;

      (9)   Proposed methods of water supply and disposal of sanitary wastes;

      (10)   Existing topography and proposed grading plan;

      (11)   Setbacks as outlined in the Zoning Ordinance for each zone;

      (12)   Dedication of right-of-way as shown on the Thoroughfare Plan;

      (13)   Zoning of adjacent property;

      (14)   Structures outside of but within 200 feet of the property boundary; and

      (15)   Any other drawings or information specifically required for a particular use under any section of this Zoning Ordinance.

   (c)   Upon receipt of the drawings and information, the Zoning Administrator shall, within 30 days of receipt:

      (1)   Make a determination as to whether the applicant meets the requirements established in division (a) hereof;

      (2)   Determine that the proposed plan presents a unique or particularly complex question, in which case he or she shall so advise the applicant and require the applicant to submit his or her application to the Planning Commission;

      (3)   Determine that the proposed plan, as submitted, or as amended by the applicant after consultation with the Zoning Administrator, is in conformance with this Zoning Ordinance. Upon making this determination, the Zoning Administrator shall issue a zoning certificate; and

      (4)   Determine that the proposed plan, as submitted, or as amended by the applicant after consultation with the Zoning Administrator, is not in conformance with this Zoning Ordinance or deny the certificate, the determination thereafter being communicated to the applicant along with the reasons for denial. The applicant shall then have the right to appeal this determination to the Zoning Board of Appeals.

(Ord. 2001-04, passed 2-12-2001)

   All persons not meeting the requirements of § 1135.04 and who build upon any land or who locate, construct, reconstruct, erect, enlarge or alter any building or structure, including signs, shall first obtain a zoning certificate before commencing construction, reconstruction, location, erection or alteration. The procedure for obtaining the certificate shall be as follows.

   (a)   The applicant shall apply for a zoning certificate by submitting to the Planning Commission application fees and 20 copies of a site plan and supporting drawings, drawn to scale on a maximum 24-inch by 36-inch sheet and sealed by a licensed engineer or surveyor, which site plan shall contain the following information:

      (1)   The dimensions of the proposed development. If different uses are to be located in a building or lot, the location and dimensions of each use;

      (2)   A landscape plan, including all landscaping features of the proposed development, including the placement of trees, flowers, shrubs and grass, in conformance of the requirements of the Landscape Code;

      (3)   The location and dimensions of all signs proposed to be located on the proposed development;

      (4)   The location and dimensions of all parking and loading facilities, access drives and curb cuts;

      (5)   A concise statement signed by the applicant, or in the case of a corporation, partnership, association or other business entity, a statement sworn to by its authorized agent, attesting that, in the event a zoning certificate is issued for the proposed development, no other reductions, revisions or modifications of the plan shall be made without the express approval of the Planning Commission or in the case of replacement of sign lettering and minor capital improvements, without the approval of the Zoning Administrator;

      (6)   Plans, representing with exactitude all building, engineering, traffic and architectural features of the proposed development and a traffic impact study if determined necessary by the City Engineer;

      (7)   Plans, representing with exactitude the placement of all utilities upon the premises of the proposed development;

      (8)   Water management sediment control plan and stormwater management plan according to the current edition of the Mason Stormwater Manual, if required;

      (9)   Proposed methods of water supply and disposal of sanitary wastes;

      (10)   Existing topography and proposed grading plan;

      (11)   Zoning of adjacent property;

      (12)   Structures outside of but within 200 feet of the property boundary; and

      (13)   Any other drawings or information specifically required for a particular use under any section of this Zoning Ordinance.

   (b)   After the City Engineer or his or her agent has received the site plan, he or she or his or her agent shall determine whether the applicant meets the requirements in division (a) hereof, and determine within 12 days of submission whether or not the site plan is complete and contains the information as set forth in division (a) above. If incomplete, the City Engineer or his or her agent shall advise the applicant of any additional information or plans necessary or required. The advice shall toll any time limitations until the time as the applicant submits the required information or plans. However, a failure to submit the information or plans within 30 days of advice shall constitute a withdrawal of the certificate application, requiring reapplication. After determining that the site plan is complete, the City Engineer or his or her agent shall review the site plans to determine conformance with this Zoning Ordinance and thence deliver the plan, along with his or her notations and recommendations, to the Planning Commission within 20 days of determining the completeness of the site plans.

   (c)   The applicant shall then receive notification from the Planning Commission of the time and place set for review of the site plan by the Planning Commission, and shall appear promptly at the stated time and place, and shall bring with him or her any other information or witnesses as are requested by the Planning Commission, or which the applicant deems to be helpful to a speedy and thorough review of the site plan. The applicant, his or her agents or any witnesses called by him or her may be heard at the review.

   (d)   The Planning Commission shall review the recommendations and notations of the City Engineer and evaluate whether or not the uses and buildings and structures to be constructed, reconstructed, erected, located or altered as illustrated in the site plan comply with the requirements of this Zoning Ordinance and related city ordinances. If other standards or criteria are required by this Zoning Ordinance to be evaluated for a specific use or building, the evaluation thereon shall also be made. The Planning Commission shall, at one of the next two regularly scheduled meetings after receipt of the site plan from the City Engineer:

      (1)   Determine that additional information or plans are reasonably necessary to make a determination;

      (2)   Approve the site plan, approve the site plan with modifications, or approve the site plan contingent upon the approval of certain variance or variances for items not in conformance with this Zoning Ordinance; or

      (3)   Disapprove the site plan.

   (e)   If the determination in division (d)(1) hereof is made, the time limitation on review by the Planning Commission is tolled until the meeting next following ten days after receipt of the additional information. If the applicant fails to provide the information within 30 days or obtains an extension from the City Engineer, the site plan shall be deemed withdrawn. Upon obtaining the information, the Planning Commission shall proceed to evaluate and make a determination under division (d) hereof.

   (f)   The determination made under division (d)(2) or (d)(3) hereof, being an approval or disapproval of a site plan, respectively, shall be endorsed on the plans. The endorsement may be evidenced upon the plan by rubber stamp or similar device. An endorsement of disapproval shall be a denial by the Planning Commission of the zoning certificate. However, if the endorsement on the site plan sets forth a variance or variances that if granted would make the plans conforming, and if within 90 days the applicant submits to the Zoning Administrator satisfactory evidence that the variance or variances, and only the variance or variances set forth in the endorsement on the plan, have been granted by the Zoning Board of Appeals, the endorsement with accompanying evidence shall then constitute endorsement of approval for purposes of divisions (g) and (h) hereof.

   (g)   Upon receipt of site plans which show an endorsement of approval by the Planning Commission, the Zoning Administrator shall place a zoning certificate on the site plan. The placement may be made by rubber stamp or similar device upon the site plan.

   (h)   The applicant, upon receipt of a letter of disapproval, shall have a right of appeal to the Zoning Board of Appeals afforded by the City Charter. Where the appeal is available only the determination of the Zoning Board of Appeals shall constitute a final order, adjudication or decision by the city.

   (i)   Failure to apply and secure building permits under the applicable building code of the city within 180 days of the date appearing on the endorsement of the Planning Commission on the site plan, or, if the Planning Commission approves a schedule for securing building permits, failure to comply with that schedule shall be deemed a revocation of the approval of the Planning Commission of the plan, and the zoning certificate shall be deemed denied.

(Ord. 98-104, passed 9-14-1998)

   (a)   Required. No owner, lessee or tenant shall use or occupy any land or improvements thereon without having obtained a certificate of occupancy as required by this section. For any property use, alteration or development which will include improvements such as street, sidewalk, utilities and similar types of improvements, whether public or private, a certificate of occupancy shall not be issued unless the construction of these improvements is substantially complete, or if the improvements are not substantially complete, without posting a performance bond in an amount and form which is acceptable to the City Engineer. For improvements which are to be public and dedicated to the city, a maintenance bond shall also be submitted to insure repairs for at least a period of one year after the performance bond is released. The maintenance bond shall be in the amount designated by the city.

   (b)   Certificate of occupancy of land. A certificate of occupancy for the use of vacant land, or change in the use of land as herein provided, shall be applied for before any land shall be occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made therefor, provided the use is in conformity with the provisions of this Zoning Ordinance.

   (c)   Certificate of occupancy of a building.

      (1)   A certificate of occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and the certificate shall be issued within five days after the request for same has been made in writing to the Zoning Administrator after the erection or alteration of such, or part thereof, has been completed in conformity with the provisions of this Zoning Ordinance.

      (2)   Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not exceeding six months during the completion of the alterations or during partial occupancy of a building pending its completion. The temporary certificate shall not be construed as in any way altering the respective right, duties or obligations of the owners or of the city, relating to the use or occupancy of the premises or any other matter covered by this Zoning Ordinance, and the temporary certificate shall not be issued except under the restrictions and provisions as will adequately ensure the safety of the occupants.

   (d)   Contents of certificate of occupancy. The certificate of occupancy shall state that the building or proposed use of a building or land, complies with all the requirements stipulated by the Zoning Board of Appeals, and with the provisions of this Zoning Ordinance. A record of all certificates shall be kept on file in the office of the Zoning Administrator.

(Ord. 98-104, passed 9-14-1998)

   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, Council, the Law Director, the Zoning Administrator of the city, or any adjacent or neighboring property owner who would be specially damaged by the violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent the unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate the violation; to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.

(Ord. 98-104, passed 9-14-1998)

   No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council.

(Ord. 98-104, passed 9-14-1998)

   The Zoning Administrator or his or her authorized agents may order in writing the remedying of a condition found in violation of this chapter within a reasonable time, or immediately in the case of imminent danger to life and property, or if the order requires a cessation of use, the order may include an order to vacate the premises or to remove any building or structure as a sole exception or alternative method of remedying the condition. The order shall be served upon the applicant for the zoning certificate, his or her agent, a person performing work on the premises, or the occupant of the building or portion thereof personally, or by certified mail, or by posting a copy of same at a conspicuous place on the premises.

(Ord. 98-104, passed 9-14-1998)

   Enforcement by issuance of any order is not an exclusive method of enforcement and shall not be construed as a condition precedent to or a waiver of:

   (a)   Citation, summons, arrest, prosecution or sentencing for any violation or violations of this chapter, including violations for which proof of the condition to be remedied by the order constitutes an element or a portion of an element of an offense;

   (b)   Civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions;

   (c)   Refusal of occupancy permit for the premises on which the condition exists; and

   (d)   Any enforcement procedure or measure available to the city under this chapter, other ordinances of the city or state laws.

(Ord. 98-104, passed 9-14-1998)

   (a)   Any person, firm or corporation, violating any of the provisions of this Zoning Ordinance or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fine shall be as set by ordinance from time to time. Each and every day during which the illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues beyond the expiration of the time designated in a written notice given by the Zoning Administrator, shall be deemed a separate offense.

   (b)   Any person, firm or corporation failing to comply with a lawful order of the Zoning Administrator shall be deemed guilty of a minor misdemeanor and, upon conviction thereof, shall be fined as set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fine shall be as set by ordinance from time to time.

(Ord. 98-104, passed 9-14-1998)

   Whenever the public necessity, convenience, general welfare or good zoning practice requires, Council may, by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Ordinance or amendments thereof. It shall be the duty of the Planning Commission to submit to Council, recommendations regarding all applications or proposals for amendments or supplement. An amendment, supplement, reclassification or change may be initiated by the Planning Commission on its own motion, by motion of Council or by filing of a verified application therefor by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.

(Ord. 98-104, passed 9-14-1998)

   (a)   Applications. Applications for any change of district, boundaries or classifications of property as shown on the Zoning Map, and for regulation amendments, shall be submitted to the Planning Commission at its office, upon the forms, and all shall be accompanied by data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. The data shall include in any event, a plat or map drawn to a scale of not less than 100 feet to the inch, showing the land in question, its location, the length and location of each boundary thereof, the location and existing use of all buildings and the principal use of all properties within 300 feet of land. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendment or district changes initiated by the Commission or Council shall be accompanied by a resolution of record of either body pertaining to the proposed amendment.

   (b)   List of property owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for the change a statement giving the names and addresses of the owners of all real property within 300 feet of the parcel or parcels as appear on the County Auditor’s current tax list or the Treasurer’s mailing list and other lists as may be required by the Commission.

(Ord. 98-104, passed 9-14-1998; Ord. 2015-90, passed 10-12-2015)

   (a)   Upon receipt of the application by the Zoning Administrator, the Zoning Administrator shall determine whether the application contains all the if ems referred to in § 1137.02(a). Once the Zoning Administrator determines that the application is complete, the application shall be forwarded to the Planning Commission at its next regularly-scheduled meeting. The Planning Commission shall review the proposed amendment and consider reports from staff and other public agencies and public comments.

(Ord. 04-155, passed 1-10-2005)

   (b)   Following the procedure stated above, the Planning Commission may recommend that the application be granted as requested, or may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. The Planning Commission shall identify and evaluate all factors relevant to the petition and use its best efforts to report its findings and recommendations to Council within 45 days of receiving an amendment application.

(Ord. 2004-15, passed 3-8-2004; Ord. 2004-155, passed 1-10-2005)

   (c)   The Planning Commission shall consider the application at its next regularly-scheduled meeting, and shall certify its recommendation to Council, as soon as practicable after that meeting, if:

      (1)   The Planning Commission requests additional information from the applicant, from city staff, or from any other interested parties or agencies in order to make its recommendation;

      (2)   The Planning Commission determines that there is an indication that notice of the preliminary public hearing required by § 1137.02(c) has not been given, requiring additional notice; or

      (3)   The applicant agrees.

(Ord. 04-155, passed 1-10-2005)

   (d)   In considering any petition for a Zoning map amendment, the Planning Commission’s evaluation shall include, but is not limited to, the following criteria:

      (1)   Whether the proposed amendment consistent with the goals, policies, and future land use map of the City of Mason comprehensive plan, including any subarea or corridor studies;

      (2)   Whether the uses permitted in the proposed zoning district are compatible with the site’s physical, geological, hydrological and other environmental features;

      (3)   Whether all of the potential uses allowed in the proposed zoning district are compatible with surrounding uses and neighborhood in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;

      (4)   Whether the street system can safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A traffic impact study shall be provided if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1,000 more trips per day than the majority of the uses that could be developed under current zoning;

      (5)   Whether the city’s utilities and services are sufficient to accommodate the additional demand created by the uses permitted in the requested district without compromising the health, safety and welfare of city residents;

      (6)   Whether the applicant can receive a reasonable return on investment through developing the property with one or more of the uses permitted under the current zoning;

      (7)   Whether the shape and size of the property is reasonable so that the site can meet the dimensional regulations of the requested zoning district; and

      (8)   Other factors deemed appropriate by the Planning Commission.

(Ord. 2004-15, passed 3-8-2004)

   (a)   Hearing. After receiving from the Planning Commission the certificate of the recommendations on the proposed amendment, supplement or change, and before adoption of the amendment, supplement or change, Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given by publication in a newspaper of general circulation in the city. If the proposed amendment, supplement or change proposes to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail, with return receipt, at least 15 days before the date of the public hearing to the owners of all real property within 300 feet of the parcel or parcels, to the addresses of the owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and other lists as may be required by Council.

   (b)   Final action. Following the hearing and after reviewing the recommendations of the Commission thereon, Council shall consider the recommendations and vote on the passage of the proposed amendment to the text of the Zoning Ordinance or the Zoning Map. Council may overrule the recommendations of the Commission by affirmative vote of not less than four of the membership of Council.

(Ord. 2004-155, passed 1-10-2005)

   Whenever Council has taken under advisement, a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning certificate or building permit shall be issued within 75 days from the date of the resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.

(Ord. 98-104, passed 9-14-1998)

   The Zoning Board of Appeals, herein referred to as the “Board,” upon application thereto, shall have the power to hear and decide appeals and grant variances from the provisions and requirements of this chapter which will not be contrary to the public interest or the general purpose and intent of this chapter, and only in those specific instances defined in § 1141.02, based upon the standards set forth in § 1141.03 where, owing to special conditions of a lot, strict enforcement of the provisions or requirements of this chapter would cause unreasonable hardship.

(Ord. 98-104, passed 9-14-1998)

   Variances from the provisions and requirements of this chapter shall be granted by the Board only in accordance with the standards established in § 1141.03 and shall be limited to the following circumstances and no others:

   (a)   To vary the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, required yard areas and other required open space;

   (b)   To vary the applicable minimum requirements for lot frontage and distances from lot lines; and

   (c)   To vary the applicable minimum requirements for lot frontage and distances from lot lines in conjunction with the granting of a conditional use pursuant to Chapter 1172 of this Part.

(Ord. 98-104, passed 9-14-1998)

   (a)   The Board shall not be authorized to grant a variance for an active use which is otherwise prohibited for the zoning district in which the property is located. The Board shall not grant a variance as authorized in § 1141.02 unless it can determine that there are practical difficulties encountered by the applicant in complying with the resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning, building and housing. This evaluation shall include, but is not limited to, the following criteria:

      (1)   Whether the property will yield a reasonable return without the variance or whether there can be beneficial use of the property;

      (2)   Whether the variance is substantial;

      (3)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

      (4)   Whether the variance would adversely affect the delivery of governmental services;

      (5)   Whether the property owner purchased the property with knowledge of the resolutions, ordinances, regulations, measures and orders;

      (6)   Whether the property owner’s predicament feasibly can be obviated through some method other than variance; and

      (7)   Whether the spirit and the intent behind the resolutions, ordinances, regulations, measures and orders would be observed and substantial justice done by granting the variance.

   (b)   No single factor listed above shall control, and not all factors shall be applicable in each case. Each case shall be determined on its own facts.

   (c)   The Board may impose conditions and restrictions upon the property benefitted by a variance as the Board may deem necessary to comply with the standards set forth in this section, to reduce or minimize the impact of the variance upon other property in the neighborhood and to further the purpose and intent of this chapter.

(Ord. 98-104, passed 9-14-1998)

   Any person owning or having an interest in property may file an application regarding that property with the Zoning Administrator for one or more of the variances authorized in § 1141.02 of this chapter. The application shall be signed and completed in full by the applicant and shall contain the following information and additional information as the Board may, by rule, require:

   (a)   The particular provisions or requirements of this chapter by section which prevent the proposed use of the property;

   (b)   The existing district classification of the property;

   (c)   The special conditions, circumstances or characteristics of the land, building or structure that prevent compliance with the requirements of this chapter;

   (d)   The extent to which it would be necessary to modify the requirements of this chapter in order to permit the proposed use of the property;

   (e)   An explanation of how the requested variance conforms to the evaluation criteria in § 1141.03;

   (f)   A complete list of names and addresses of all owners of all real property within 300 feet of the parcel or parcels as appears on the County Auditor’s current tax list or the Treasurer’s mailing list and other lists as may be required by the Board; and

(Ord. 2004-155, passed 1-10-2005)

   (g)   Ten copies of the site plan drawn to the scale as the Board shall, by rule, require, showing the actual dimensions of the property according to the recorded plat of the property, including contour lines; all significant vegetation and other significant natural environmental features on the property, the use, height, location and ground area of all present and proposed buildings and structures; the location of all vehicular entrances to and exits from the property, the location of all off-street parking areas and number of spaces provided therein; the building lines in relation to lot lines, and the number, type, size and location of all present and proposed signs, if any.

   Upon receipt by the Zoning Administrator of a complete application for a variance, the Zoning Administrator shall notify the Board which shall hold a public hearing as soon as practical.

   (a)   Notice of hearing. Notice of the time and place of the hearing by the Board of an application for a variance shall be given to all owners listed on the notarized statement of the property owners with same notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation in the city. The published notice may be supplemented by the additional form of notice as the Board may, by rule, require.

   (b)   Conduct of hearing. Any person who satisfies the Chairperson of the Board that he or she has a significant interest in the subject matter of the hearing shall be afforded an opportunity to present evidence and argument, and to question through the Chairperson witnesses on all relevant issues, subject to the Chairperson’s imposition of reasonable limitations on the number of witnesses, and the nature and length of testimony in questioning. All testimony at the hearing shall be under oath administered by the Chairperson, or by affirmation. The Board shall make a full and complete record of the hearing, by any appropriate means. In the event of the filing of a judicial complaint challenging the Board’s decision, the record shall be transcribed on order of the Chairperson of the Board.

(Ord. 98-104, passed 9-14-1998)

   (c)   Communications outside of the hearing. Members of the Board shall base their consideration of the application for variance only upon the following information and evidence:

      (1)   Testimony and argument presented at the hearing, and not upon direct or indirect communication with any party or representative of the party made outside of the hearing;

      (2)   Reports, memoranda and other materials prepared by the Zoning Administrator in connection with the application and made a part of the record at the time of the hearing; and

      (3)   Personal inspections of the site which may take place with or without all of the interested parties or representatives present so long as no verbal communication takes place between the members of the Board and any of the parties or their representatives.

(Ord. 99-132, passed 10-11-1999)

   The Board shall render a written decision on the application for variance setting forth its findings, together with the reasons for its decision. The written decision shall be communicated to the applicant within 30 days from the close of the hearing. The Zoning Administrator shall maintain complete records of all actions of the Board with respect to all applications for variances and shall notify Council of the Board’s action.

(Ord. 98-104, passed 9-14-1998)

   No variance granted by the Board shall be valid for a period greater than six months from the date on which the Board grants the variance, unless within the time period, a building permit is obtained and the construction, moving or remodeling of a building or structure on the property is commenced. The Board may for good cause, without notice or hearing, grant a maximum of two extensions not exceeding six months each upon written application by the property owner.

(Ord. 98-104, passed 9-14-1998)

   The appeal to all measures, orders or decisions of administrative officials or agencies governing zoning, building and housing in the city shall be taken within ten days after the measure, order or decision.

(Ord. 98-104, passed 9-14-1998)

   (a)   The Board, in granting any variance from the strict application of this Zoning Ordinance, may prescribe conditions in conformance with this section which it deems to be necessary and reasonable. The Board shall attach conditions as safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. Specifically, the Board may attach one or more of the following conditions to a variance:

      (1)   Paving;

      (2)   Landscaping and/or screening fence or wall;

      (3)   Amount and location of off-street parking, loading and signs;

      (4)   Direction and intensity of outdoor illumination;

      (5)   Cleaning and painting;

      (6)   Control or elimination of smoke, dust, radiation, gas, noise or odor;

      (7)   Hours of operation;

      (8)   Activities, material storage and uses shall be conducted within an enclosed structure; and/or

      (9)   Other conditions as may be appropriate.

   (b)   If the variance is approved with conditions, the Board shall issue the variance listing the specific conditions upon which the variance was granted. Violations of the conditions shall be deemed a violation of this Zoning Ordinance and will be punishable under § 1135.99. Any violations will further revoke the variance which had been conditionally granted.

(Ord. 98-104, passed 9-14-1998)