(A)   Accessory structures R-l, R-2, R-3 and R-4 Single-Family and Two-Family Residential Districts. The following standards shall apply to the following zoning districts: R-l, R-2, R-3, R-4.

      (1)   Permitted accessory structures. The following accessory structures shall be permitted and require a zoning permit:

         (a)   Buildings or structures such as detached garages;

         (b)   Gazebos, decks, and hot tub enclosures;

         (c)   Carports, pool houses and greenhouses;

         (d)   Sheds, swimming pools;

         (e)   Fences.

      (2)   Permitted no zoning permit required.

         (a)   Structures with a building footprint of 50 square feet or less. No such structures are permitted in any front yard.

         (b)   Wheel chair ramps.

         (c)   Commercial storage containers are permitted on a property not to exceed 60 days in a calendar year and must be situated on a site so as not to create a visibility hazard. Exemptions may be granted by the Village Administrator in the event of a calamity.

      (3)   General requirements.

         (a)   Accessory structures shall comply with the following requirements:

            1.   Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use and occupant of the same parcel. Owners of multiple, contiguous parcels that desire treatment as though they are a single lot must combine the parcels with a new legal description and deed at the Hancock County Auditor's Office. Proof of a recorded deed must be provided as part of the application.

            2.   Example. This requirement prevents a property owner of multiple parcels from erecting an accessory structure on a separate, vacant but recorded lot that could eventually be sold and thus become an illegal nonconforming use and lot under Chapter Sections 2-5.

         (b)   Maximum floor area. The combined building footprint of all accessory buildings on site shall not exceed 900 square feet. One accessory building that is 50 square feet or less shall be exempt from this requirement. In no instance shall any separate accessory building be larger than 900 square feet. Unless the lot equals or exceeds one acre in size the maximum floor area cannot exceed 1,200 square feet or 80% of the primary structure footprint whichever is less. All accessory buildings are subject to maximum lot coverage requirements as prescribed in each zoning district. The following stipulations apply to properties without an attached garage:

            1.   One accessory building used for the parking of vehicles up to 576 square feet shall not count against the total allowable accessory building area. The accessory building used for the parking of vehicles that is greater than 576 square feet will have that area in excess of 576 square feet deducted from the maximum allowable accessory building area.

               Example: If the property contains a 700 square foot accessory building for the parking of vehicles, 124 square feet of area of excess are deducted from any proposed accessory building, thereby limiting the size of a new accessory building to 776 square feet in area.

            2.   An existing accessory building used for the parking of vehicles that is less than 576 square feet, can be increased in area so the total building area does not exceed 576 square feet, even if the property contains other accessory buildings that exceed the 900 square foot limit. Maximum lot coverage requirements will still apply.

         (c)   Restricted in front yard requirement. No accessory structure shall be permitted in the required front yard.

         (d)   Conversions. Permanently attaching any accessory building to a primary building shall be considered a conversion and shall be subject to all required setbacks for primary structures. These connections must include a four foot width building footprint, must be enclosed, have doorways on either side, and have a foundation.

            Example: A detached garage on a street side yard is proposed to be attached to the primary building with a breezeway. The garage is located in R-3 Single Family and is five feet from the property line. In this instance the conversion would violate the setback required for primary structures and applicant would not be issued a zoning permit.

         (e)   Storage containers, box truck components, and tractor-trailers are not considered as buildings and shall not be used as accessory buildings, unless otherwise provided.

      (4)   Setbacks.

         (a)   Front yard setback. Accessory structures shall not encroach upon the required front setback of the lot on which they are located, except fences and decks.

         (b)   Side and rear setbacks. Accessory structures may not be located closer than three feet of the side yard and five feet of the rear yard.

         (c)   Screening. In no case shall an accessory structure encroach upon any required screening.

      (5)   Occupancy. Accessory buildings shall not be occupied as a dwelling.

      (6)   Height. The maximum height allowed for an accessory building is 18 feet.

   (B)   Accessory structures CD, M-l, M-2 Multi-Family Residential Districts.

      (1)   Permitted accessory structures. The following accessory structures shall be permitted and require a zoning permit:

         (a)   Buildings or structures such as detached garages;

         9b)   Gazebos, decks, porches, and hot tub enclosures;

         (c)   Carports, canopies, pool houses and greenhouses;

         (d)   Fences;

         (e)   Management offices and other facilities normally associated with tenants' convenience, such as washing machine facilities, exercise facilities, and the like.

      (2)   Permitted no zoning permit required.

         (a)   Building footprint of 50 square feet or less;

         (b)   Wheel chair ramps (exempt from division (B)(3)(c) below, Restricted in Front Yard).

      (3)   General requirements. Accessory structures shall comply with the following requirements:

         (a)   Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the lot.

         (b)   Ownership. Shall be operated and maintained under the same ownership as the primary structure.

         (c)   Restricted in front yard requirement. No accessory structure shall be permitted in the required front yard.

      (4)   Setbacks.

         (a)   Front yard setbacks. Accessory structures, except fences shall not encroach upon the established front setback of the lot on which they are located.

         (b)   Side and rear setbacks. Accessory structures, excluding fences and decks shall not be located closer than three feet from the side lot lines and five feet from the rear lot line.

         (c)   Screening. In no case shall an accessory structure encroach upon any required screening.

         (d)   Street side yard setback. Setbacks shall be 15 feet.

      (5)   Occupancy. Accessory building shall not be occupied as a dwelling.

      (6)   Height. The maximum height allowed for an accessory building is 18 feet.

      (7)   Dumpster and trash enclosures. See § 178.141 Screening.

   (C)   Accessory structures - O-l Office, C-l, C-2 and C-3 Commercial Districts.

      (1)   Permitted accessory structures.

         (a)   Buildings or structures such as detached garages, carports, canopies, and patios for outdoor seating;

         (b)   Management offices and other facilities normally associated with the primary business;

         (c)   Dumpster enclosures, mechanical equipment;

         (d)   Greenhouses cart corrals;

         (e)   Similar accessory buildings or structures;

         (f)   Fences.

      (2)   Permitted - no zoning permit required.

         (a)   Structures with a building footprint less than 50 square feet;

         (b)   Wheel chair ramps.

      (3)   General requirements. Accessory structures shall comply with the following requirements:

         (a)   Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the parcel.

         (b)   Ownership. Shall be operated and maintained under the same ownership as the primary structure.

      (4)   Setbacks.

         (a)   Front yard setbacks. Accessory structures shall not encroach upon the established front setback of the lot on which they are located with exceptions being: fences and outdoor seating/dining areas.

         (b)   Side and rear setbacks. Accessory structures may encroach the side and rear setbacks, but may not be located closer than ten feet to the lot line, except fences.

         (c)   Screening. In no case shall an accessory structure encroach upon a defined buffer area.

      (5)   Enclosed building requirement. All uses and operations shall be conducted within completely enclosed buildings with the following exceptions:

         (a)   Off-street parking;

         (b)   Drive-thru customer service windows; and

         (c)   Outdoor dining areas.

      (6)   Maximum floor area. The combined gross floor area of all accessory structures on site shall not exceed 75% of the size of the primary structure.

      (7)   Occupancy. Accessory buildings shall not be occupied as a dwelling.

      (8)   Height. The maximum height allowed for an accessory building is 18 feet.

      (9)   Dumpster and trash enclosures. See § 178.141 Screening.

   (D)   Accessory structures -I-1 and I-2 Industrial Districts.

      (1)   Permitted accessory structures. Buildings or structures which facilitate the primary structure, including maintenance buildings, storage facilities, and the like.

      (2)   Permitted - no zoning permit required. Structures with a building footprint of less than 50 square feet.

      (3)   General requirements. Accessory structures shall comply with the following requirements:

         (a)   Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the lot.

         (b)   Ownership. Shall be operated and maintained under the same ownership as the primary structure.

         (c)   Setbacks.

            1.   Front yard setbacks. Accessory structures shall not encroach upon the established front setback of the lot on which they are located, except fences.

            2.   Side and rear setbacks. Accessory structures, except fences may encroach the side and rear setbacks, but may not be located closer than ten feet to the lot line.

            3.   In no case shall an accessory structure encroach upon a buffer yard.

         (d)   Height. The maximum height for an accessory building is 40 feet.

         (e)   Occupancy. Accessory buildings shall not be occupied as a dwelling.

   (E)   Easements. The village is not responsible for researching recorded utility easements in the zoning permit review process. Any building or structure placed in a recorded utility easement becomes the risk and responsibility of the owner.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Purpose. To promote the design and construction of new buildings that support and enhance character within the village. The following standards are introductory minimums in comparison to standards adopted in many other communities with a high quality of living. The proposed standards should be viewed as a starting point for improving the architectural character of the village's commercial districts. The standards are only proposed for Multi-Family Residential Districts, Office and Institutional Districts, and Local and General Business Districts. Standards are suggested herein to regulate rooflines on large buildings, to prescribe exterior materials, and to assure four sided architectural design. The standards will help to establish a community-wide architectural quality. Standards should continuously be developed later to establish architectural compatibility between new construction and the existing built environment.

   (B)   Terms. To incorporate architectural standards, it is necessary to establish a few base terms in this zoning code.

      (1)   ARTICULATION. Enhancements prescribed vertically or horizontally across a building facade or roof.

      (2)   BAYS. A square unit of measurement used for designing architectural features and materials proportionate to building facades.

       (3)   PRIMARY FACADES. The prominent facade is the building front and has a main entryway. It typically faces the main street that provides vehicular access to the site. Signage indicating the business name and entrance may or may not exist on this facade. Primary facades on all nonresidential buildings shall be articulated both vertically and horizontally to relate the structure to the human-scale.

      (4)   VISIBLE SECONDARY FACADES. Visible secondary facades are visible from public rights-of-way, public areas or residential areas and shall have a clear base, middle, and top portion emphasized by the articulation to a human-scale. Visible secondary facades should incorporate a variety of architectural design features, techniques, patterns, materials and colors in a coordinated manner that relate to the overall design of the structure.

      (5)   SECONDARY FACADES. Secondary facades face other secondary facades of nonresidential buildings and are not visible from adjacent residential or public areas. Secondary facades or portions of secondary facades completely screened from public or residential areas by dense landscaping or other structures shall not be required to include elements of articulation.

      (6)   VERTICAL ARTICULATION. Vertical articulation is used to present the appearance of a clerestory, half-story, or multiple full stories through one of the following methods:

         (a)   Exterior demarcation of the floors within, using a change in building materials, masonry patterns, or windows.

         (b)   Shed, gabled, or hipped roof forms with dormers which have windows or vents.

         (c)   Vertical recess of wall plane to a depth of at least three percent of the building's depth, with window openings in the recessed wall indicating the presence of an upper-story.

      (7)   HORIZONTAL ARTICULATION. To break up wall planes on elevations measuring more than 60 feet in width using bays proportionate to the building dimensions and any two of the following:

         (a)   Change in wall plane. Achieved using projections or recesses, the change in depth from one bay to the next shall be a minimum of 3% of the length of the facade.

         (b)   Change in height of wall and/or variation in roof form.

         (c)   Change in texture or masonry pattern.

         (d)   Windows.

         (e)   Other architectural elements and detailing such as pilasters.

   (C)   Architectural standards - R-l, R-2, R-3 and R-4 Residential Districts. No architectural standards apply. Reserved for future.

   (D)   Architectural standards - M-l and M-2 Multi-Family Districts (new construction only).

      (1)   Facades. The following designations are to be incorporated into the architectural design of primary structures and secondary structures, including detached garages and club houses.

         (a)   Primary facades shall incorporate horizontal and vertical articulation and pronounced entry ways.

         (b)   Visible secondary facades applicable to primary structures, club houses, and parking structures.

      (2)   Windows. Windows are required on all sides of apartment buildings that are facing a street or common area.

      (3)   Dumpster and trash enclosures. See § 178.141 Screening.

      (4)   Foundation. No more than the lowest nine inches of a foundation wall shall be exposed to view on any side of a structure.

   (E)   Architectural standards - O-l, C-l, C-2 and C-3 Commercial Districts new construction or major changes per § 178.048 Administrative review and actions.

      (1)   Facades. The following designations are to be incorporated into the architectural design of primary structures and secondary structures, including strip development, out parcels, and Planned Mixed Use Development Projects.

         (a)   Primary facades shall incorporate horizontal and vertical articulation and pronounced entry ways.

         (b)   Visible secondary facades may incorporate horizontal or vertical articulation.

      (2)   Lineal/strip development. Lineal strip developments shall incorporate variation in building height, building mass, roof forms and changes in wall planes. Parapet walls are encouraged to enhance the rooflines and hide mechanical systems.

   (F)   Additional criteria.

      (1)   Entrances. Pedestrian or customer entryways on primary facades shall be emphasized by using two of the following elements:

         (a)   Roofing.

            1.   Overhang in proportion to the entry;

            2.   Change in roof pitch using a separate dormer style pronunciation.

         (b)   Vertical articulation.

         (c)   Horizontal articulation.

      (2)   Screening.

         (a)   Mechanical equipment, refuse facilities, and loading docks.

         (b)   All mechanical equipment, trash compactors, pallets, loading docks and the like shall be screened from view. Screening can be achieved through the use of landscape mounds, masonry walls, or fences. Screening enclosures shall be architecturally compatible with the primary structure. Chain-link fences are not permitted.

      (3)   Roof mounted mechanical equipment. Equipment mounted on the roof must be screened from ground-level view. The use of parapet walls or other roof structures may be used. The screening enclosures shall be architecturally compatible.    

   (G)   Architectural materials. The following table indicates materials approved by facade type (primary, secondary, etc.) or by type of project.

   PP Permitted/Primary and Secondary Facades

   PS Permitted/Secondary Facade

   A/T Permitted as Accent C Conditionally Permitted

 

(Ord. O-2019-24, passed 9-9-2019)

   The following standards apply in all districts.

   (A)   Property line. Fences and walls may be located up to the property line. Fences and walls shall not encroach upon the rights-of-way or the proposed rights-of-way indicated by the Thoroughfare Plan.

   (B)   Height. 

      (1)   Fences located in the required front yard shall not exceed 48 inches in height and shall be 50% open.

         Example: If the picket is two inches wide, the gap between the pickets must be at least two inches.

      (2)   Fences located in the side and rear yards shall not exceed eight feet in height, unless they are adjacent to an interstate highway, then the maximum height is ten feet.

      (3)   Fences located in the I-1 and I-2 Zoning Districts may be ten feet in height. Fences exceeding 48 inches in height must maintain a five-foot setback from rights-of-way.

   (C)   Materials and appearance.

      (1)   Non-structural face outward. Fences and walls shall present the non-structural face outward.

      (2)   Security fencing.

         (a)   Fences and walls shall not incorporate barbed wire, security wire, sharpened top spikes, or similar prevention materials (1-1 Light Industrial and 1-2 General Industrial are exempt from this requirement).

         (b)   Chain-link fences shall only be erected in side or rear yards.

         (c)   Slats are prohibited in chain link fences.

      (3)   Responsibility. The property owner is responsible for the location of the fence in regards to the property line, easements, and any other issues that may result.

         (a)   Baseball diamonds;

         (b)   Tennis courts;

         (c)   Golf driving ranges;

         (d)   Playgrounds;

         (e)   Sports or activities requiring protective fencing.

   (D)   Corner vision clearance standards. Fences, walls, shall meet all requirements of § 178.190 Corner Vision Clearance Standards.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   All districts.

      (1)   Measurement. The height of a building shall be measured as the vertical distance from the ground level to the highest point of the roof.

      (2)   Exceptions.

         (a)   Fully exempt. The following types of structures or building features are exempt from the maximum height standard as stated:

            1.   Church steeples, bell towers, and religious symbols;

            2.   Parapet walls, cupolas, and other non-occupied architectural features;

            3.   Silos;

            4.   Bell towers;

            5.   Smoke stacks where required to support the permitted use.

         (b)   Partially exempt. The following types of structures or building features are exempt or partially exempt from the maximum structure height standard as stated:

            1.   Chimneys are allowed to extend ten feet above the roof’s highest point.

            2.   Mechanical equipment and elevator bulkheads, when mounted on a roof, are allowed to extend ten feet above the roof’s highest point, but shall be:

               a)   Located such that they are not visible from adjacent private and public streets;

               b)   Shielded from view with a parapet or other architectural feature such that they are not visible from adjacent private or public streets;

               c)   Constructed with the same exterior building materials as the structure; or

               d)   Architecturally integrated into the building's designs as to not look like mechanical equipment or an elevator bulkhead.

            3.   Wind turbines (See § 178.148).

   (B)   Height standards by district. Refer to Use Districts for height standard requirements.

(Ord. O-2019-24, passed 9-9-2019)

   The home occupation standards apply to the R-l, R-2, R-3, M-l, M-2, M-3 Zoning Districts. Refer to §178.149 Conditional Use Requirements.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   General requirements M-l, M-2, M-3, O-l, C-l, C-2, C-3, I-1 and I-2.

      (1)   Landscape plans. Landscape plans shall be submitted for approval with site plans and shall meet the following requirements of site plans:

         (a)   Property lines;

         (b)   North arrow;

         (c)   Scale;

         (d)   Existing and proposed structures;

         (e)   Existing and proposed pavement

         (f)   Rights-of-way;

         (g)   Easements;

         (h)   Topography (if available);

         (i)   Utilities;

         (j)   Fences and walls;

         (k)   Existing wooded areas;

         (l)   Proposed plant material with:

            1.   Identification;

            2.   Caliper/size;

            3.   Quantity;

            4.   Planting details.

      (2)   Landscape plan installation extension. Time limit - upon request, the village may grant an extension of up to 180 days for the complete installation of landscaping materials due to seasonal or weather conditions which preclude the quality installation of plant materials.

      (3)   Performance guarantee. As a condition of the extension, the Village Administrator shall require a performance bond, letter of credit, or other satisfactory assurance from the person requesting the extension.

   (B)   Landscaping standards - M-l, M-2, O-l, C-l, C-2.

      (1)   Trees.

         (a)   Lots over 15,000 square feet but less than 30,000 square feet must be planted with a minimum of one canopy tree.

         (b)   Lots 30,000 square feet but less than 45,000 square feet must be planted with a minimum of two trees, one of which must be a canopy tree.

         (c)   Lots 45,000 square feet or more must be planted with three trees plus one more per every 15,000 square feet over 45,000 square feet. At least one-third of all trees planted shall be canopy trees.

         (d)   Deciduous trees must have 1-1/2 inch caliper at time of planting; or, evergreen trees shall be six feet tall at the time of planting.

      (2)   Foundation planting. At least two shrubs or ornamental trees shall be planted for every 12 lineal feet of building circumference; or, foundation planting may be placed evenly distributed or clustered. Shrubs shall be at least 18 inches in height when planted or be a minimum of a two-gallon container size.    

   (C)   Landscaping standards - parking lots M-l, M-2, O-l, C-l, C-2, I-1, I-2.

      (1)   Perimeter landscaping. Parking lots with six or more spaces shall have the following perimeter plantings:

         (a)   Screening. Parking lots shall be screened from streets and adjacent lots using a combination of plant materials, decorative fences, and decorative walls.

         (b)   Shrubs. Shrubs shall be planted at a minimum ratio of one shrub per five lineal feet around the perimeter. Minimum size at planting shall be 24 inches in height. A minimum of 50% of the shrubs shall be evergreen.

         (c)   Walls and fences. A wall or decorative fence may be used in lieu of shrubs. See § 178.137 (Fencing) for applicable requirements.

         (d)   Quantity. One deciduous tree per 40 feet of parking lot perimeter shall be planted within ten feet of the parking lot edge. The trees may be clustered or arranged in various patterns. Drive aisles located along the property lines shall be required to have half of the above landscaping requirement.

         (e)   Setback. Landscape buffers are permitted within the setback from the lot line per §178.145(D).

      (2)   Interior parking lots - landscaping islands & bump outs.

         (a)   Parking lots with 20 or more parking spaces are required to have landscape islands. The standards for such are as follows:

            1.   One landscape island or bump out shall be provided per 20 spaces.

            2.   Islands and/or bump outs shall be distributed equally throughout the parking lot.

         (b)   Islands and bump outs shall be at least 162 square feet in size. Each island or bump out shall contain at least one tree per 180 square feet.

         (c)   Each island or bump out shall be bordered by a four-inch or higher curb above the surface of the parking lot.

         (d)   Islands and bump outs shall not be filled with impervious surfaces. They shall be maintained with a combination of plants and mulch, grass, and or decorative landscaping stone.

   (D)   Landscaping standards - parking lots C-3.

      (1)   Perimeter landscaping - Main Street. Parking lots with frontage on Main Street shall have the following perimeter screening. This includes:

         (a)   Any newly constructed parking lot;

         (b)   The expansion of an existing parking lot frontage by 25% or more within a two-year period;

         (c)   The demolition and rebuilding of the site;

         (d)   Major redevelopment of the site.

            1.   Buffer.

               a.   Parking lots with frontage on Main Street shall have a minimum five-foot wide buffer area for a decorative wall or wall/fence combination for screening.

               b.   Corner clearance standards do not apply to this section.

               c.   If a parking lot has street frontage on Main Street and a secondary street, it will be required to continue a masonry wall or wall/fence combination on the secondary street until it intersects with a public right-of-way, such as a street or alleyway, or 200 feet whichever is less. The remainder of the frontage on a secondary street must be screened by landscaping.

               d.   For areas that are not required to have a masonry wall, they are required to have landscape screening as required in division (B) of this section, Landscaping Standards.

            2.   Walls.

               a.   A decorative wall or wall-fence combination that is a minimum of three and one-half feet in height and no more than six feet in height must be installed within the buffer area.

               b.   The wall must not be blank and monotonous in appearance and must incorporate decorative patterns or architectural elements such as piers, pilasters or breaks in the wall.

               c.   Decorative walls must not be more than 50% masonry above three and one-half feet. Smooth faced blocks, wire or chain link fencing, painted or stained wood screens, unpatterned or unpainted concrete or concrete blocks, or split faced block shall not be permitted.

               d.   The decorative wall and primary structure should appear as a unified architectural statement.

               e.   Decorative name plates or lettering encompassing no more than eight square feet in size are permitted on wall space to identify the lot.

                  i. Name plate or lettering shall not be internally lit.

                  ii. Back lighting or external lighting is permitted.

               f.   The placement of the wall within the buffer area is left to the discretion of the owner.

               g. At minimum one shrub shall be installed for every five feet of masonry wall. At least 50% of shrubs must be evergreen. The layout and design of the shrubs is left to the discretion of the owner. The shrubs may be clustered or evenly spaced and or placed on either side of the wall.

   3.   Fences.

               a.   For parking lots that are required to construct over 100 feet of masonry wall, masonry pillars with wrought iron or wrought iron like fencing and landscaping may be substituted for a complete masonry wall. For fence runs of 100 to 150 feet, pillars should be placed 20 feet apart. For fence runs 150 to 200 feet, pillars should be placed 30 feet apart. Fence runs over 200 feet or more, pillars should be spaced 50 feet apart. Pillars must be evenly spaced along the frontage. See Figure C.

               b.   Landscaping shall be placed between pillars and designed to provide 100% opacity up to three feet in height within two years of planting.

   Figure C: An example of decorative pillar/wrought iron fence combination and shrub/tree line

            4.   Exceptions.

               a.   Parking lots with frontage on Main Street that are set back 50 feet or more from the right-of-way are not required to construct a masonry wall or fence. However they are still required to meet the landscaping standards of a parking lot in C-3 that does not have frontage on Main Street. See division (D)(2) below.

               b.   Car dealerships are not required to screen parking lots that are for the display of vehicles for sale. Screening is still required for any parking lots that are used for purposes other than the display of vehicles for sale.

      (2)   Parking lots within the C-3 District without frontage on Main Street. Parking lots within the C-3 District without frontage on Main Street shall have the following perimeter screenings:

         (a)   Buffer. Parking lots with frontage on all other streets in C-3 shall have a minimum three feet wide buffer area for a landscaping screen.

         (b)   Screening. Parking lots shall be screened from streets using either plant materials or decorative walls. Parking lots directly adjacent to residential lots shall use opaque fencing or masonry walls for screening from the abutting residential use.

         (c)   Shrubs. Shrubs shall be planted at a minimum ratio of one shrub per five lineal feet around the perimeter. Minimum size at planting shall be 24 inches in height. A minimum of 50% of the shrubs shall be evergreen.

         (d)   Walls. A masonry wall may be used in lieu of shrubs. See § 178.137 (Fencing) for applicable requirements. Walls must be a minimum of three and one-half feet in height.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   General screening standards M-l, M-2, O-l, C-l, C-2, I-1, I-2.

      (1)   Intent. The intent of general screening standards is to soften the potential conflicts between uses in one zoning district from the uses in an adjacent zoning district by using distance, plantings, fences, walls, and mounds. The applicant should meet with the Planning Commission to determine the extent of the buffering required between two zoning districts. It is the intent of this section to screen the less intensive district from the effects of the more intensive district.

      (2)   Applicability. Screening requirements only apply along the property lines (front, side, and rear property lines included) where incompatible zoning districts or uses meet. Buffer yards requirements supplement the required setbacks.

      (3)   Order of responsibility for installation.

         (a)   New development - higher intensity. New development zoned for higher intensity uses than adjacent land shall meet the screening requirements as a condition for approval.

         (b)   Expansion re-development - higher intensity. Where a property is being expanded adjacent to another with a less intensive zoning district or use, the redevelopment must meet the current screening standards for the entire site. Any existing screening or vegetation will count towards the entire screening.

            1.   Buildings less than 50,000 gross square feet when expanding by 30% or more in size.

            2.   Buildings greater than 50,000 or greater gross square feet when expanding by 15% or more in size.

      (4)   Existing trees. Existing trees within the buffer yard can be applied toward the buffer yard requirements. In order for these trees to be credited, they must have a caliper of at least two inches. However, the required ratio of evergreen and canopy trees must be met. Existing trees shall get a 1 for 1 credit.

   (B)   Level 1 screening requirements M-l, M-2, O-1, C-l, abutting R-l, R-2, R-3. Level 1 screening is required Where Multi-Family, Nonresidential, Institutional, Office, or C-l Neighborhood Commercial Districts or uses abut a single-family use. Upon review of the site plan and in consideration of intensity of use and other site factors, Planning Commission will prescribe one of the three different screening requirements which are outlined below:

      (1)   Option 1. Three canopy trees and three evergreen trees per 100 lineal feet of contiguous boundary within the conflicting zoning district or use.

      (2)   Option 2. Four canopy trees, four evergreen trees and ten evergreen shrubs per 100 lineal feet of contiguous boundary with the conflicting zoning district or use.

      (3)   Option 3. Five canopy trees and five evergreen trees. In addition, one of the following:

         (a)   Twenty evergreen shrubs per 100 feet;

         (b)   Six feet in height privacy fence made of wood; or

         (c)   Four feet in height decorative masonry wall.

   (C)   Level 2 screening requirements C-2 abuts R-1, R-2, R-3, M-1, M-2, or MH; or I-1, I-2 abuts C-1, C-2, C-3. Level 2 screening is required where C-2 Commercial District or use abuts a Single-Family, Multi-Family, Office, or Institutional uses or districts. The screening is also required where Industrial uses or districts abut Commercial uses or districts. Upon review of the site plan and in consideration of intensity of use and other site factors, the Planning Commission will be prescribed one of the three different screening requirements which are outlined below.

      (1)   Option 1. Four canopy trees and four evergreen trees per 100 lineal feet of contiguous boundary with the conflicting zoning district or use.

      (2)   Option 2. Five canopy trees and five evergreen trees and ten evergreen shrubs per 100 lineal feet of contiguous boundary with the conflicting zoning district or use.

      (3)   Option 3. Five canopy trees and five evergreen trees and 20 evergreen shrubs per 100 lineal feet of contiguous boundary with the conflicting zoning district or use. In addition, a six-foot in-height fence, masonry wall, or landscape mound shall be installed.

   (D)   Level 3 screening requirements M-1, M-2, O-1 abut R-1, R-2, R-3, R-4, CD; or I-1, and I-2 abut C-1, C-2, C-3. 

   Level 3 screening is required where Single-Family, Multi-Family, or Institutional uses or districts abut an Industrial use or district. The following quantities are minimum requirements:

      (1)   Option 1. Four canopy trees and four evergreen trees and either ten evergreen shrubs or a six- foot in-height landscaping mount, per 100 lineal feet of contiguous boundary with the conflicting zoning district or use.

      (2)   Option 2. Five canopy trees and five evergreen trees and ten evergreen shrubs per 100 lineal feet of contiguous boundary with the conflicting zoning district or use. Additionally a six-foot fence or a five- to eight-foot in height landscaping mound shall be installed.

      (3)   Option 3. Five canopy trees and six evergreen trees and 20 evergreen shrubs per 100 lineal feet of contiguous boundary with the conflicting zoning district or use. In addition, a six-foot fence, or a five- to eight- foot in height landscaping mound shall be installed.

      (4)   Placement. All trees, shrubs, and screening shall be installed within the required setback.

      (5)   Security fencing. Any security fencing necessary to the business or industry shall have a setback ten feet from the property line.

   (E)   Refuse and dumpster enclosures.

      (1)   Screening. Dumpsters, compactors and similar containers shall be screened on all sides by a fence or wall.

      (2)   Height. The height of the enclosure shall be six feet tall (or higher if the height does not block the view of the dumpster, compactor, or similar container).

      (3)   Required yards. For lots with single frontage, dumpsters, compactors or similar containers shall not be located in any required front yard and must be at least ten feet from all other lot lines. For lots with multiple street frontage dumpsters, compactors, or similar containers cannot be in the required front yard.

(Ord. O-2019-24, passed 9-9-2019)

   For R-1, R-2, R-3, M-1, M-2, O-1, C-1, C-2, I-1, and I-2 Districts. Properties that abut an interstate shall install a minimum of one canopy deciduous or evergreen tree per 60 feet of property that is contiguous to the roadway. If the abutting property has more than five feet and less than 75 feet contiguous to the roadway, then a minimum of one tree shall be planted.

(Ord. O-2019-24, passed 9-9-2019)

   (A)    Purpose. The purpose of the Lighting Ordinance is to provide regulations for outdoor lighting that will:

      (1)   Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment and commerce.

      (2)   Minimize adverse offsite impacts including light trespass, and obtrusive light.

      (3)   Curtail light pollution and improve the nighttime environment for astronomy.

      (4)   Help protect the natural environment from the adverse effects of night lighting derived from gas or electric sources.

      (5)   Conserve energy and resources to the greatest extent possible.   

   (B)   Applicability. Except as described below, all outdoor lighting installed after the date of effect of this zoning code shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.

   (C)   Exceptions. The following are not regulated by this section:

      (1)   Lighting within public rights-of-way or easements for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.

      (2)   Lighting for public monuments and statuary. Lighting solely for signs. Sign lighting is regulated by § 178.146 Sign Standards.

      (3)   Temporary lighting for theatrical, television, performance areas, hazards, and construction sites.

      (4)   Underwater lighting in swimming pools and other water features.

      (5)   Temporary lighting and seasonal lighting provided that individual lamps are less than ten watts and 70 lumens.

      (6)   Lighting that is only used under emergency conditions.

   (D)   Lighting standards, all zoning districts.

      (1)   Glare reduction. All outdoor lighting in all use districts used to light the general area of a specific site or for external illumination of buildings or structures, shall be shielded and arranged to reduce glare and to reflect light away from all adjacent and neighboring persons, property or public roads and highways, and so as to not interfere with the vision of such persons or adjacent property.

      (2)   Adjacent to residential zones. For office, commercial, and industrial zones and any roadway adjacent to residential zones:

         (a)   Shielding. No light fixture shall be placed in such a manner that its light emitting surface is directed at any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. Any luminaries on a pole, stand, or mounted on a building must have a shield, an adjustable reflector, and a non-protruding diffuser.

         (b)   Maximum intensity. The level of lighting shall not exceed 0.5 foot candles at any residential property line or 1.0 foot candles at any non-residential property line.

         (c)   Recessed diffusers required. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.

         (d)   Enforcement. Measurements of light readings shall be taken vertically along any portion of a property line of the subject property with a light meter laid on the property line and facing the center of the property.

         (e)   Maximum elevation. Parking lot pole lights shall not exceed 25 feet in height.

   (E)   Lighting zones - reserved for adoption.

   (F)   Lighting control requirements. Automatic switching requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system.

   (G)   High intensity and special purpose lighting. The following lighting systems are prohibited from being installed or used except by special use permit:

      (1)   Temporary lighting in which any single luminaire exceeds 20,000 lumens or the total lighting load exceeds 160,000 lumens.

      (2)   Aerial lasers.

      (3)   Searchlights.

      (4)   Other very intense lighting defined as having a light source exceeding 200,000 lumens or an intensity in any direction of more than 2,000,000 candelas.

   (H)   Complex and nonconforming uses.

      (1)   Upon special permit issued by the village, lighting not complying with the technical requirements of this zoning code but consistent with its intent may be installed for complex sites or uses or special uses including, but not limited to, the following applications:

         (a)   Sports facilities, including but not limited to unconditioned rinks, open courts, fields, and stadiums;

         (b)   Construction lighting;

         (c)   Lighting for industrial sites having special requirements, such as petrochemical manufacturing or storage, and the like;

         (d)   Parking structures;

         (e)   Urban parks;

         (f)   Decorative and architectural lighting of bridges, public monuments, and public buildings.

      (2)   To obtain such a permit, applicants shall demonstrate that the proposed lighting installation:

         (a)   Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures. Such statement shall be accompanied by the calculations required for the performance method;

         (b)   Employs lighting controls to reduce lighting at a project specific curfew ("curfew") time to be established in the permit;

         (c)   Complies with the performance method after curfew.

      (3)   The Zoning Administrator shall review each such application. A permit may be granted if, upon review, the Administrator determines that the proposed lighting will not create unwarranted glare, sky glow, or light trespass.

   (I)   Existing lighting. Lighting installed prior to the effective date of this zoning code shall comply with the following.

      (1)   Amortization. On or before September 9, 2019, all outdoor lighting shall comply with this zoning code. Per B,C, and D.

      (2)   New uses or structures, or change of use. Whenever there is a new use of a property (zoning change or variance) or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this zoning code before the new or changed use commences.

      (3)   Additions or alterations.

         (a)   Major additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this zoning code. For purposes of this section, the following are considered to be major additions:

            1.   Additions of 25% or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this zoning code.

            2.   Single or cumulative additions, modification or replacement of 25% or more of installed outdoor lighting luminaires existing as of the effective date of this zoning code.

         (b)   Minor modifications, additions, or new lighting fixtures - non-residential and multiple dwellings.

            1.   All additions, modifications, or replacement of more than 25% of outdoor lighting fixtures existing as of the effective date of this zoning code shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.

            2.   Any new lighting shall meet the requirements of this zoning code.

      (4)   Resumption of use after abandonment. If a property with nonconforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance with this zoning code before any further use of the property occurs. Furthermore, zoning shall have the determination when to remove all outdoor lighting after six months of abandonment.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Outdoor storage; M-1, M-2, R-1, R-2, R-3, and R-4 Residential Districts.

      (1)   Recreational vehicles and trailers. Storage or parking of recreational vehicles or any trailer is subject to the following conditions.

         (a)   Fixed connections and utilities. Recreational equipment parked and stored shall not have fixed connections to electricity, water, or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.

         (b)   Rear or side yard storage. If camping or recreational equipment or any trailer is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot, unless otherwise provided. The setback requirement on the side or rear yard shall be a minimum of three feet. Parking surfaces may be permeable.

         (c)   Terms for appearance in district.

            1.   Recreational vehicles. Subject to the provisions of this section, camping and recreational vehicles may be parked in the front yard not sooner than April 1 nor later than October 31 for not more than 72 hours, but in no event shall the vehicle be parked, stored, or located on the premises for more than three days out of a seven-day period. For purposes of this section, “day” shall mean any period of time, regardless of the duration, between 12:00 a.m. and 11:59 p.m. For example, vehicles parked, stored, or located only three hours one day, and four hours the next, would constitute two days. From November 1 to March 31, all recreational vehicles must be parked on a property as specified in this section.

            2.   Utility trailers and mobile service vehicles.

               a.   Utility trailers or mobile service vehicles must be parked or stored to the rear of the front building line of the lot.

               b.   Utility trailers and mobile service vehicles must be parked on a hard surface.

               c.   No utility trailers or mobile service vehicles can be parked at the property address if the vehicle is operated by an employee or contractor that does not reside at the residence.

      (2)   Commercial vehicles. Commercial vehicles, such as box trucks and dual axle vehicles, are not permitted to be parked in the residential district, unless a permit from the Village Administrator is granted (no cost permit).

      (3)   Firewood. Storage shall be prohibited from the required front yard and confined to the rear or side yard, or setback beyond the front building face.

   (B)   Outdoor storage O-1, C-1, C-2, C-3, I-1, and I-2 Districts. See Conditional Use § 178.149.

   (C)   Outdoor display of merchandise O-1, C-1, C-2, C-3, I-1, and I-2 Districts. Outdoor displays of, or merchandise for sale or otherwise shall be limited and shall adhere to the following requirements.

      (1)   Sites under three acres. Merchandise may not be located or displayed further than ten feet beyond any front or side building elevation. Where fueling station canopies are involved, the merchandise may be displayed around the supporting elements of the canopy and between the fuel pumps. However, the outer dimensions of the canopy shall not be considered a building line for the purposes of this section.

      (2)   Sites three acres and larger. Merchandise may not be located or displayed in any required setback. In cases such as large box retailers, the display of spring gardening supplies, for example, may be in parking lots provided such display does not reduce the required parking.

      (3)   Site interference. In no instance shall outdoor displays interfere with any required parking, circulation aisles, or fire lanes. Parking areas must be paved unless approved to be semi pervious.

      (4)   Vehicle sales. The outdoor display, storage and parking of vehicles for sale shall be allowed, provided that all preparation, repair and maintenance of the vehicles shall be enclosed. A ten-foot setback must be maintained from any rights-of-way with the exception of those establishments within the C-3 District.

      (5)   Outdoor storage. Unless a site meets requirements in this division (C), Outdoor Display of Merchandise, the outdoor display, storage or parking of goods, materials, or the wholesaling, warehousing or distribution operations for said goods and materials is not allowed.

      (6)   Display area requirements.

         (a)   Surface. Display areas shall have hard, dust free surfaces and shall be maintained in good condition.

         (b)   Orderly. Outdoor displays shall be arranged in an orderly manner. Examples include stacking, shelving, etc. A “pile” of products is not considered an orderly manner.

   (D)   Outdoor storage; Industrial I-1 and I-2 Districts.

      (1)   Enclosure. All storage of raw, processed, or finished materials shall be enclosed by a combination of landscaping, wall, fence, or mounding. See Conditional Use § 178.149.

      (2)   Distancing. One shrub shall be installed for every ten feet of fence and one tree shall be installed for every 50 feet of fence.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Parking standards, general - all zoning districts. The intent of this section is to establish minimal parking standards to assure public health, safety and welfare; minimize risks to the natural environment; create an aesthetic standard; minimize conflicts: and promote vehicular and pedestrian safety along roadways by minimizing on-street parking.

      (1)   Paving required. Impervious surface / semi pervious surface. All parking required in this zoning code shall utilize a paved surface of concrete, asphalt, brick pavers, semi pervious or the like. Under no circumstances shall gravel, stone, rock, dirt, sand or grass be permitted as parking areas, unless otherwise provided.

      (2)   Front yard Residential Districts/uses. Driveways and the parking of motor vehicles is not permitted on lawns, gravel, or other pervious type surfaces.

      (3)   Off-alley access. Drives and parking areas used to access accessory buildings or detached garages are not required to be paved if they are accessed from an alley. This is only applicable for single-family, duplexes, and triplexes.

      (4)   Expansion of legally nonconforming parking areas. The expansion of any existing gravel, stone, or rock parking area is subject to Planning Commission review and any subsequent conditions or requirements set by the Board.

      (5)   Ingress/egress paved. All ingress and egress points onto a driveway or into a parking area shall be paved.

      (6)   Parking space dimensions. 

         (a)   Minimum area. Each parking space shall be a minimum of 162 square feet in area.

         (b)   Minimum width. Each parking space shall be a minimum of nine feet wide.

         (c)   Minimum length. Each parking space shall be a minimum of 18 feet long.

      (7)   Parking aisle widths. Minimum parking aisle widths shall be as follows.

         (a)   Ninety-degree angle space - Twenty-four-foot wide parking aisle for one-or two-way traffic.

          (b)   Sixty-degree angle space - Eighteen-foot wide parking aisle for one-way traffic.

         (c)   Forty-five-degree angle space - Fourteen-foot wide parking aisle for one-way traffic.

         (d)   Parallel - Twelve-foot wide parking aisle for one-way traffic. Twenty-four foot wide parking aisle for two-way traffic.

      (8)   Access. Off-street parking spaces must be accessed from a public or private right-of-way or a platted access easement.

      (9)   Driving lanes. Driving lanes in parking lots that provide access to parking aisles shall be clearly striped and shall be curbed.

      (10)   Parking lot layout. Where a Development Plan is required, or when a re-configuration of an existing parking lot is proposed; the Planning Commission shall review the parking lot layout to ensure that vehicular circulation to and within the parking lot is managed in a manner that creates conditions favorable to health, safety, convenience, and harmonious development by confirming:

         (a)   Access points. That the design and location of proposed street and highway access points minimize safety hazards and congestion;

         (b)   Capacity. That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development;

         (c)   Compatibility. That the entrances, streets, and internal traffic circulation facilities in the Development Plan are compatible with existing and planned streets and adjacent developments; and

         (d)   Compliance with design and performance requirements of zoning code §§ 178.122 and 178.135 through 178.150.

         Example: existing lot with 90-degree parking proposes 45 degree parking, narrowing the aisles to increase number of available parking spaces. The new layout would be required to comply with landscaping, bump outs, and the like, per the new code requirements. Cross Reference Village of McComb Standards and Specifications for the Construction of Curb Cuts and Drive Approaches.

      (11)   Parking lot striping. Parking spaces in parking lots shall be striped so as to clearly show each parking space. The stripes shall be maintained in clearly visible condition. Re-striping for maintenance purposes will not require a zoning permit. However, the circulation and number of spaces provided may not be changed without a site plan review and approval.

      (12)   Number of parking spaces required.

         (a)   Per zoning district requirements. Unless a specific use is identified in division (H) of this section, the number of required parking spaces shall be determined by the zoning district.

         (b)   Excessive parking. A parking lot that exceeds the minimum parking space requirements by more than 10% shall also:

            1.   Increase bump outs. The number of landscape bump outs (in single-aisle parking lots) or landscape bump-outs and islands (in multiple-aisle parking lots) shall increase by the same percentage of the parking overage. Descriptions for bump outs and islands can be found in § 178.140 Landscaping Standards (Interior Parking Lots- Landscaping Islands) Interior Parking Lots- Landscaping Islands.

            Example: If the number of parking spaces is increased by 30%, then the area of landscape islands and/or bump outs shall be increased by 30%.

            2.   Installation. Each additional landscape island and/or bump out shall be installed according to the requirements of § 178.140 Landscaping Standards Interior Parking Lots- Landscaping Islands.

         (c)   Fire Department. Any parking space that is eliminated by the Fire Department for emergency access or parking shall not be counted toward the minimum required parking spaces and shall be relocated or accommodated for somewhere else on the site.

         (d)   Storage. Any parking space that is used for a cart corral or similar use shall not be counted toward the minimum number of required parking spaces.

      (13)   Subordinate accessory use area. Where a structure incorporates subordinate accessory use areas that will not be used simultaneous to the primary use areas, or where such accessory use areas serve those utilizing the primary use areas of the structure, the Planning Commission may determine that the parking requirement for the primary use areas of the structure is adequate.

   (B)   Parking R-1, R-2, R-3 Single-Family and R-4 Duplex/Triplex.

      (1)   Off-street parking spaces.

         (a)   Two per unit. A minimum of two off-street parking spaces are required per single-family dwelling unit.

         (b)   Covered. The parking spaces required may include spaces within car ports or garages.

         (c)   Required parking is prohibited in the required front and side yards, unless grandfathered. (Example: apartments on Liberty Street.)

      (2)   Residential use included. All residential uses located in other zoning districts shall adhere to this section.

   (C)   Parking, M-1 and M-2 Multi-Family.

      (1)   Off-street parking spaces. A minimum of two and one-half off-street parking spaces are required per dwelling unit.

      (2)   Setbacks. 

         (a)   Parking lots may project into the minimum setbacks, but shall not project into or interfere with any screening requirements except as permitted in § 178.140 Landscaping Standards.

         (b)   A parking lot shall not be installed within five feet of a side lot line or within ten feet of a front or rear lot line.

      (3)   Visitor parking spaces. At least one off-street space per two units is required for visitor parking and shall be spread evenly throughout the development.

      (4)   Exclusion. Visitor parking spaces cannot include spaces in car ports, garages, or spaces that may block a carport or garage.

      (5)   Cross district standard - Multi-Family use included. All multi-family uses located in other zoning districts shall adhere to this section.

   (D)   Parking standards; O-1, C-1, C-2, I-1, I-2. The standards as set forth are by zoning district. However, the standards will be applied to respective uses situated in another district as well. For example, a use grandfathered in a residential district but belonging in a C-1 Commercial District shall meet the parking requirements as set forth in the C-1 District to offset any issues that may already be affecting the surrounding properties.

      (1)   Parking lot encroachment - setbacks. 

         (a)   Parking lots may project into the minimum setbacks, but shall not project into or interfere with any screening requirements except as permitted in § 178.140 Landscaping Standards.

         (b)   A parking lot shall not be installed within five feet of a side lot line or within ten feet of a front or rear lot line, except when the parking lot is used as a shared parking lot as outlined below in division (D)(5)(c) Shared Parking.

      (2)   Entrance and exit driveway encroachment. Entrance and exit driveways may transect landscape easements and buffer yards only when crossing them.

      (3)   Maneuvering. Parking areas shall be designed to prevent vehicles from maneuvering in the public right-of-way.

      (4)   Drainage. Parking areas shall be constructed and maintained to allow proper drainage.

      (5)   Parking lot connectivity. It is the intent of this section to reduce the number of access points adjacent to each other along major thoroughfares. The following shall be required upon review of plats and/or site plans and where it is determined there will be a need for more on-site circulation between several parcels. The Planning Commission shall require cross access easements to facilitate service connector roads to manage circulation, connect parking lots, and encourage shared parking arrangements among property owners to reduce impervious pavement.

         (a)   Cross-access easements. Where parking lots connect, or are laid out to be connected, a cross-access easement shall be established at the time of site plan review and/or the platting of land in accordance with procedures outlined in § 178.040 Conditions of Approval and as provided in the Village of McComb Rules and Regulations. The specifications for cross access easements are:

            1.   Minimum width. Cross-access easements shall not be less than 20 feet in width.

            2.   Maximum width. Cross-access easements shall not exceed 30 feet in width.

         (b)   Service connector roads. Where there are more than two parcels or anticipated growth adjacent on more than one parcel.

         (c)   Shared parking. A group of adjacent properties may provide a shared parking area if all of the following criteria are met:

            1.   Minimum number of parking spaces required. The shared lot shall provide at least 80% of the cumulative total of parking spaces required for each use.

            2.   Reciprocal parking agreement. A written reciprocal parking agreement signed by all property owners involved is required and shall include provisions concerning at least the following items:

               a.   Maintenance;

               b.   Lawn/gardening care;

               c.   Snow removal; and

               d.   Utility payments for any lighting or landscaping/irrigation costs.

            3.   Ownership and liability. The agreement shall be viewed and approved by the Village Solicitor. It shall be recorded in the County Recorder's office. A copy of the recorded agreement shall also be submitted to and be kept in Village Administrator's Office.

         (d)   Outlet required. All parking aisles shall have an outlet or turn-around. Dead-end parking aisles are prohibited. To avoid dead end parking, the final parking spot in the row is required to have a five-foot turn radius into an empty parking stub that is ten feet deep. See sketch below.

         (e)   Cart corrals. Cart corrals are required for all retail businesses that have more than 30,000 square feet of retail space and that provide shopping carts to their customers. Any single cart corral shall not be any larger than ten feet by 36 feet in area.

         (f)   Institutional uses. The portion of an institutional use of a parking lot used for bus circulation and staging is not required to install the landscape bump outs and/or islands required in § 178.141 Screening.

         (g)   Parking access. Parking spaces that may be blocked by other parking spaces or other obstacles will not be counted toward the required parking.

            Example: For a commercial use, parking spaces located within a garage will not be counted.

         (h)   Use included. All office, commercial, and industrial uses located in other zoning districts shall adhere to this section.

   (E)   Parking standards; required number of parking spaces R-1, R-2, R-3, R-4, M-1, M-2, M-3, O-1, C-1, C-2, I-1, I-2.

      (1)   Off-street parking requirement. To reduce traffic congestion and hazards along roadways and to provide orderly and accessible parking throughout the city, off-street parking shall be required in all zoning districts. The exception is C-3 Downtown Commercial District. The spaces required in the parking tables do not guarantee the quantity needed per use; only minimums are expressed.

      (2)   Minimum requirements. The minimum number of parking spaces shall be determined by referencing this § 178.145. The parking is predominantly required by zoning district rather than by use. The exceptions are listed in division (H) below, Parking Requirements Per Specific Use.

      (3)   Multiple zoning district developments. In situations where a development has multiple zoning districts, such as the Planned Residential District or the Planned Mixed Use Development District, the total required spaces should be determined by adding up the spaces required for individual use for each classification.

      (4)   Designation of parking. Businesses that keep automobiles or other motor vehicles in stock on the subject property shall clearly differentiate between parking areas for such stock and parking for employees and customers. This can be accomplished through the use of either clearly posted signage or differentiation in parking lot striping. Areas for customer and employee parking shall not be used for the storage of automobiles or other motor vehicles for sale.

   (F)   Parking standards for the C-3 Downtown Commercial District.

      (1)   Screening. Parking lots with frontage on Main Street or Main Cross Street are required to have a five foot wide buffer that includes a low-profile masonry wall or wall/fence combination. Surface parking lots with frontage on streets other than Main Street or Main Cross Street must include a landscape buffer. See §178.140(D) Landscaping for C-3.

      (2)   Access. Parking lots with frontage on Main Street are required to have ingress/egress onto secondary streets or alleyways. Curb cuts onto Main Street are discouraged.

   (G)   General parking requirements table.

 

   (H)   Parking requirements per specific use.

 

 

 

 

 

 

(Ord. O-2019-24, passed 9-9-2019)

   All signs shall comply with the corner vision clearance standards as provided for in § 178.190 Corner Vision Clearance Standards.

   (A)   Purpose. The purpose of this section is to encourage the effective use of signs as a means of communication in the village; to maintain the village's aesthetic environment by ensuring compatibility of signs with the area surrounding them; to encourage the use of signs appropriate to residential and commercial activities; to ensure the safety of vehicular and pedestrian traffic; and to encourage economic development within the village.

   (B)   Exempt signage: R-1, R-2, R-3, M-1, M-2, O-1, C-1, C-2, I-1, I-2. The following types of signs are exempted from the permit requirements of this chapter; however, they are still subject to the General Requirements set forth in division (D) below of this section unless otherwise provided.

      (1)   Public signs. Signs of a noncommercial nature and in the public interest, erected by or on the order of an official of the city, county or state acting in the performance of his duty, such as safety signs, danger signs, trespassing signs, traffic signs, and memorial plaques.

      (2)   Residential nameplate. A nameplate or wall sign which shall not exceed two square feet on any dwelling.

      (3)   Wall signs and sandwich boards.

         (a)   Permitted zoning districts:

            1.   C-1

            2.   C-2

            3.   O-1

         (b)   Sandwich boards can be eight square feet maximum.

         (c)   Sandwich boards and "A" frames must be located within 15 feet of the primary building entranceway.

         (d)   All sandwich boards and "A" frames must be removed at the end of the business day.

   (C)   Prohibited signs.

      (1)   General. All signs are prohibited unless they are expressly permitted.

      (2)   Rights-of way and utilities. Unless with Council approval, no sign shall be placed within the public right-of-way of any public street. Within the C-3 District, temporary signs are permitted in the right-of-way. Permanent signs within the C-3 District must be approved by Village Council.

      (3)   Obstruction of structural openings. No sign shall obstruct any window, door, fire escape, stairway, or any opening intended to provide air, egress or ingress for any building or structure.

   (D)   General requirements and restrictions: all zoning districts. Compliance with code regulations. All signs shall comply with the general rules, regulations, and requirements governing their placement, type, number, and size as outlined and contained in the provisions of this section.

      (1)   Obstruction of traffic signs; misleading or confusing signs. No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No rotating beam, beacon or flashing illumination resembling any emergency lights shall be used in connection with any sign display, nor shall any sign make use of the words "Stop," "Look," "Danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. No sign shall emit any form of sound or sounds.

      (2)   Obstruction of visibility. No sign or sign structure shall be located or constructed within ten feet of any street right-of-way unless provided for otherwise in another section of this zoning code. No sign shall be located or constructed in such a manner as to materially impede the view of any street or highway intersection, or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad crossing. No sign shall be designed and placed so as to confuse traffic information for pedestrians or drivers of motor vehicles. The determination of the reasonableness of the location of a sign or sign structure taking into account the above shall be made by the Village Administrator whose decision shall be subject to appeal as provided herein to the Board of Zoning Appeals. See also § 178.190 Corner Vision Clearance Standards.

   (E)   Illuminated signs.

      (1)   Shielding. The light from an illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be reasonably objectionable as determined by the Planning Commission considering those affected nearby.

      (2)   Exposure. No exposed bulbs or fluorescent tubes, with the exception of neon lighting, shall be used on the exterior surface of any sign so as to directly expose the face of the bulb, light or tube to any public street or adjacent property.

   (F)   Permits, applications and fees.

      (1)   Permit required.

         (a)   All sign work. No sign shall be erected, altered or relocated without a permit issued by the Village Administrator except as otherwise provided herein.

         (b)   Breach of permit. When a sign permit has been issued, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Village Administrator.

      (2)   Permit applications. To obtain a permit for the purpose of erecting, constructing, altering or relocating a sign under the provisions of this section, an application shall be submitted to the Zoning Administrator which shall set forth in writing a complete description of the proposed sign including:

         (a)   General information. The name and address of the contractor or person responsible for the placement of the sign;

         (b)   Site plan. Two detailed site plan drawings indicating the placement, location, landscaping, and address of the sign;

         (c)   Elevation. Two scaled elevation drawings indicating the size of the sign and sign structure;

         (d)   Signature. Signature of the owner/tenant/sign company securing permit attesting to awareness and intent to comply with permit specifications; and

         (e)   Permit duration. Sign permit shall become null and void if the sign for which the permit was issued has not been completed and erected within a period of one year after the date of issuance of the permit.

      (3)   Fees. Fees for sign permits shall be fixed by ordinance by the Village Council and amended from time to time as necessary.

         Example: initial sign fee: xxx(by size)] if no building permit. If building permit, permit must include sign designation or be considered new sign and separate permit required.

      (4)   Exceptions. The following operations shall not be considered as creating a sign, and, therefore, shall not require a sign permit:

         (a)   Replacing copy. The changing of the advertising copy or message on approved billboards, sandwich boards, theater marquees and similar approved signs which are specifically designed for the use of replaceable copy.

         (b)   Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a change is made to the supporting structure, cabinet, frame, or footing.

   (G)   Sign standards; R-1, R-2, R-3, R-4, M-1, M-2, and M-3 Residential Districts. No signs are permitted other than those specified as being exempt in division (B) above of this section or as temporary in division (O) below of this section or as permanent as provided herein. Any non-residential use, as listed below, permitted in their residential districts shall be permitted one sign not to exceed 50 square feet in area with a maximum height of six feet and a setback of ten feet from all property lines. Exempt and temporary signage may not exceed 50 square feet in area per sign face and may have a maximum of two sign faces.

      (1)   Schools (public & private);

      (2)   Places of worship;

      (3)   Museums;

      (4)   Community centers (50);

      (5)   Apartment complexes;

      (6)   Government;

      (7)   Emergency services;

      (8)   Funeral homes;

      (9)   Park and recreational areas;

      (10)   Golf courses.

   (H)   Low profile signs; O-1, C-1, C-2, I-1, I-2, and PO Districts.

      (1)   Quantity. One low-profile sign with two sign faces, as defined herein, is permitted for business identification purposes for each site not to exceed 200 square feet in area. Sites with less than 500 feet of frontage and two or more frontages on public or private through streets may be permitted one additional low-profile sign not exceeding 32 square feet. Sites with more than 500 feet of frontage on the same public or private through street may have two low-profile signs on one frontage not exceeding 32 square feet each, provided that there is 250 feet of separation between signs. In no instance shall any one site contain more than three low-profile signs. One pylon sign may be used in lieu of a permitted additional low-profile sign for sites with over 500 feet of frontage or five acres in size. Outlots are limited to one low profile sign. The PO District shall be limited to one low-profile sign not exceeding 100 square feet in area.

      (2)   Dimensions. A low-profile sign shall not exceed the following dimensions unless otherwise noted:

         (a)   Height. The maximum height shall be eight feet including the sign's base.

         (b)   Sign area. One-half square foot per lineal foot of frontage, not to exceed 200 square feet.

      (3)   Location.

         (a)   Rights-of-way. Signs shall be located not closer than ten feet from the street right-of-way and all property lines.

         (b)   On-premise. Signs shall be located on the property for which it identifies or promotes.

      (4)   Obstruction of vision. Site identification - Signs shall not block or interfere with site identification or traffic recognition.

      (5)   Corner vision clearance. Permanent commercial and industrial low-profile signs shall not be placed so as to interfere with the corner vision clearance. (See Corner Vision Clearance Standards, § 178.190.)

      (6)   Landscaping.

         (a)   Footprint. A landscaping area shall be provided around the low-profile sign equal to the square footage of one sign face.

         (b)   Type. The landscaping shall be at least 50% evergreen.

      (7)   Directional.

         (a)   Private traffic directional. Signs directing traffic movement onto a property zoned M-1, M-2, C-1, C-2, C-3, O-1, I-1, I-2 or within a premise shall not exceed four square feet in area for each sign, with a maximum height of three feet. Illumination of these signs shall be permitted in accordance with the provisions contained herein. Such signs placed within ten feet of any rights-of-way shall be limited to two square feet and a maximum height of two feet.

         (b)   Industrial directional. Signs directing traffic movement onto and within Industrial Zoning districts may measure five feet in height, 15 square feet in area, and at least 25 feet off the right-of-way.

         (b)   Institutional directional/way finding. Signs setting forth the name or any simple announcement/information for any medical facility, nursing home, financial institution, or public or private educational or religious institutions located entirely within the premises of that institution, up to an area of 24 square feet and not illuminated. If ground mounted, the top shall be no more than six feet above ground level and no closer than ten feet to any right-of-way.

      (8)   Exclusions. Developments that have a low-profile sign are not permitted to have a pylon sign.

   (I)   Pylon signs: C-1, C-2, I-1 and I-2 Districts.

      (1)   Quantity. One pylon sign as defined herein is permitted for business identification purposes. There shall not be more than one accessory sign per each site. The site must have public street frontage. Sites exceeding 1,000 feet of uninterrupted road frontage on a single street in C-2, I-1 and I-2 Districts may be permitted additional signage. If the site has continuous, uninterrupted street frontage of 1,000 feet or more, one additional freestanding sign shall be permitted per every 1,000 feet of additional right-of-way frontage for sites five acres or more. The additional signage shall only be permitted along the segment of the right-of-way frontage.

         Example 1: Where commercial uses are located on the same site with common features, such as Planned Shopping Centers, Planned Business Centers, Shopping Malls, Multi-tenant retail centers, etc., all such businesses shall be supported by only one free standing sign per site.

      (2)   Location. A pylon sign must be located so that no portion of the sign or pylon lies within ten feet of the property line or the right-of-way of a public or private street.

      (3)   

         (a)   Lots less than 100 feet of frontage. Lots with less than 100 lineal feet of frontage shall be limited to a maximum sign area of 50 square feet.

         (b)   Lots with 100 feet of frontage or more. Lots with more than 100 lineal feet of frontage shall be calculated at a rate of one-half square feet of sign for each lineal foot of frontage.

      (4)   Limits.

         (a)   Sign area. In no instance shall the area of a pylon sign exceed 200 square feet.

         (b)   Sign height. Signs shall not be higher than 30 feet in height.

   CORNER VISION CLEARANCE

   Street - Street

      (5)   Corner vision and clearance. Signs shall not have the bottom or embellishment of a sign less than eight feet above established grade. Example of embellishment includes sign skirting. In lieu of meeting the eight foot above grade, then § 178.190 Corner Vision Clearance Standards shall apply.

   (J)   Signs in Downtown District (C-3).

      (1)   The downtown is of unique character apart from the rest of the village. The buildings are taller and closer to each other; building fronts are typically on the front lot line, with business doors opening into the right of way; vehicular traffic volumes are higher than in other areas of the village, and drivers of all ability and ages are offered parking that is parallel between a curb line and moving traffic; and the numerous signalized intersections, parking options, pedestrians, and businesses create significantly more vehicular obstacles and turning movements per lineal foot than anywhere else in the community. As such, the placement of signage to support a thriving downtown is just as important to the community's safety as it is to identify business locations.

      (2)   Downtown poses inherent constraints on signage design. The signs are: closer to the street; offer shorter viewing distance/duration; more difficult to notice due to the proximity to the street and short building width, and the traffic speed relative to the more minimal street frontages mean that business owners will seek more unique signage than the typical pylon/box or monument style. The signage cannot impede the flow of pedestrian traffic, nor can it be placed at the curb line and impede driver visibility and maneuverability. Therefore, the following types of signage are permitted in C-3 Downtown Business District.

         (a)   Wall signs. All wall signs shall be permitted except:

            1.   Box Signs;

            2.   Interior illuminated panel signs or box signs with translucent acrylic faces.

         (b)   Projecting signs.

            1.   Six feet from curb face from the leading edge of the sign.

            2.   Ten foot clearance shall be provided between the baseline of any sign and the sidewalk.

            3.   No sign shall flash or blink. External illumination is preferred.

         (c)   Low profile and pylon signs.

            1.   Pylon signs are not recommended in the downtown district because they are oriented to vehicular traffic.

            2.   When buildings are set back on a lot in the downtown, a ground sign may be appropriate (although not preferred) when all of the following conditions are met:

               a.   Other alternative types of signs do not provide adequate identification;

               b.   Scale and location of ground sign complements buildings in adjacent properties

               c.   Integration into site landscaping so as not to create a site or visual obstruction.

         (d)   Sandwich board signs. The following rules and regulations pertain to sandwich boards and "A" frames:

            1.   Size. The maximum allowable size of the sandwich board sign is eight square feet when close together for storage.

            2.   Location. The sandwich boards must be located in front of the business that it is advertising. It may not impede in the required four-foot pathway between the curb and the allowable business area, if such exists. It is preferred that the sandwich board either be placed in line with the permanent street furniture (benches, light poles, trash receptacles) or adjacent to the business entryway.

            3.   Duration. Sandwich board signs must be taken inside at the close of business.

            4.   Number. One sandwich board is allowed per store front.

   (K)   Interstate high-rise signs (C-1, C-2, PMUD, I-1, I-2). One interstate high-rise sign is permitted per site. The sign must be within 1,500 feet of an interstate right-of-way. Interstate high rise signs are limited to 90 feet height and setbacks that measure at least one-half the height of the sign. The sign shall not exceed 300 square feet in area and not have more than four additional panels not exceeding 75 square feet each. To advertise additional tenants within the center, see division (L) below of this section for Electronic Message Center requirements pertaining to interstate high-rise signs.

   (L)   Electronic message centers - C-1, C-2, I-1, I-2. The following requirements shall prevail over Electronic Message Centers, as defined:

      (1)   Location.

         (a)   Shall only be placed on conforming accessory signs, or on interstate high-rise signs, where permitted and as defined.

         (b)   Shall not be permitted on any wall or fence.

   ELECTRONIC MESSAGE BOARD

   C-1, C-2, I-1, I-2 & University Overlay

         (c)   If an electronic message center is erected as part of any freestanding conforming accessory sign, the overall height of the sign structure shall not exceed 15 feet. Clearance requirements on corner lots shall still apply.

         (d)   Interstate high rise signs are exempt from division (L)(1)(c) above and are subject to requirements set forth in division (J) Interstate High Rise Signs.

         (e)   Electronic message centers shall be at least 300 feet from any residential district.

         (f)   Electronic message centers shall only be permitted in the C-1 Local Business, C-2 General Business, or University Overlay Districts, I-I Light Industrial and I-2 General Industrial and shall not be permitted in any other zoning district or overlay district.

      (2)   Size. Electronic Message Centers shall not exceed twenty-five percent (25%) of the total approved sign area.

   (M)   Roof signs - C-1, C-2, I-1, I-2. For the purposes of this zoning code, roof signs shall be considered as attached signs when determining the allowable square foot area and total square foot area of all permitted signs.

      (1)   Height. Roof signs cannot exceed the maximum building height allowable per district.

      (2)   Erection. Requirements for erection of a roof sign are as follows:

         (a)   No roof sign greater than 20 square feet shall be placed within five feet of the roof edge; however, if the sign is less than 20 square feet, it shall not be erected with the face thereof nearer than one foot to the outside wall toward which the sign faces.

         (b)   Roof signs can be maximum of 100 square feet in size.   

   (N)   Subdivision entryway signage. Entrances to residential, commercial or industrial subdivisions may be identified by monument signage. Such signage shall not encroach into the requirements per § 178.190 Corner Vision Clearance Standards. The sign area shall not exceed 70 square feet in sign area. Signage shall be allowed on both sides of the major entry ways into the subdivision, each being no larger than 70 square feet in sign area.

   (O)   Temporary signs-no permit required; all zoning districts. Unless otherwise specified in this zoning code, temporary signs identified herein shall be permitted anywhere within the village and are not required to have a permit. Temporary signs for commercial uses and in commercial zoning districts shall not be permitted within ten feet of any street right-of-way. No temporary sign shall be placed so as to interfere with the corner vision clearance and must be placed on private property.

      (1)   Conditions for temporary signs not requiring sign permits.

         (a)   Corner clearance. Temporary signs shall not be placed so as to interfere with the corner vision clearance and may not be located within center medians.

         (b)   Private property. Signs shall not be displayed in rights-of-way, on utility poles, bridges, or other publicly owned and maintained land unless approved by Village Council or otherwise provided.

      (2)   Construction signs. One construction sign shall be permitted which may include the future tenant, architect, engineer, contractor, lending institution and other individuals or firms involved with the construction of a specific building or project. Sign must be on the active construction site. The following guidelines shall apply:

         (a)   Permitted zoning districts. Construction signs are permitted in all districts.

         (b)   Maximum size. Maximum size of 64 square feet per sign face.

         (c)   Maximum height. Not to exceed ten feet in height from grade.

         (d)   Location.

            1.   Setback. The minimum setback shall be no less than five feet from the property line.

            2.   On-premise. Construction signs shall be located on the site of the construction activity which it identifies

         (e)   Removal. Construction signs shall be promptly removed within ten days of the conclusion of the construction activity.

      (3)   Yard sale signs.

         (a)   Quantity. One yard or garage sale sign will be permitted for each property having a garage sale.

         (b)   Size. Signs shall not exceed eight square feet in size.

         (c)   Location.

            1.   Prohibited. Signs shall not be displayed in rights-of-way, on utility poles, or other publicly owned and maintained land.

            2.   Private property of others. Signs shall be on-premise unless owners of other private parcels agree to sign placement on their property. Example: corner lot owners.

         (d)   Duration. Signs must be removed after one week of placement, or immediately after the sale ends, whichever is earlier.

      (4)   Real estate signs in Residential Districts. On-premise real estate signs advertising the sale, rental or lease of property shall be permitted without a sign permit as follows:

         (a)   Quantity. One sign per street frontage.

         (b)   Size. Area shall not exceed eight square feet in size. Height shall not exceed four feet in height.

         (c)   Location. Real estate signs shall only be located on the property which is to be sold, leased or rented.

         (d)   Duration. Signs shall be removed within 14 days after the sale, lease or rental of the property.

      (5)   Real estate signs in all other districts. On-premise real estate signs within commercial and industrial districts shall be permitted without a sign permit so as to advertise the sale, rental or lease of commercial property as follows:

         (a)   Quantity. One sign per street frontage.

         (b)   Size.

            1.   Area shall not exceed 32 square feet in size.

            2.   Height shall not exceed six feet in height.

         (c)   Location. On-site. Shall be located on the property which is to be sold, leased or rented.

         (d)   Vision clearance. Shall not be placed so as to interfere with the corner vision clearance.

         (e)   Duration. Shall be removed within 14 days after the closing of the sale of the property.

      (6)   Sail sign banners and inflatable signs. Sail sign banners and inflatable signs are permitted subject to the following:

         (a)   Permitted zoning districts.

            a.   M-2 Multi-Family Residential;

            b.   O-1 Offices & Institutions;

            c.   C-1 Local Commercial;

            d.   C-2 General Commercial;

            e.   C-3 Downtown Commercial;

            f.   I-1 Light Industrial; and

            g.   1-2 General Industrial.

         (b)   Location.

            1.   Setback. The minimum setback shall be no less than five feet from the property line

            2.   On-premise. Shall be located on the site where the activity or items for purchase are located.

      (7)   Political signs. Political campaign signs announcing candidates seeking public offices and other data pertinent thereto.

         (a)   Quantity. There is no limit to the number of political signs a private property may have.

         (b)   Size. Signs are limited to a total area of 32 square feet per sign (one side) and a maximum height of eight feet in size.

         (c)   Location.

            1.   Must be placed on private property.

            2.   Are not permitted in any public rights-of-way, such as tree lawns or at street intersections.

         (d)   Prohibited. No signs shall be attached to utility poles, fences, trees, or any public or private sign structure.

      (8)   Repair-remodel contractor signs.

         (a)   Quantity. One sign is permitted which identifies the contractor repairing or remodeling a structure.

         (b)   Size. Maximum of eight square feet, only during time of such repair or remodeling. No sign permit is required.

   (P)   Temporary signs - permit required. The following temporary signs may be permitted within the village and are required to have a permit.

      (1)   Temporary subdivision signs. Temporary subdivision signs are allowed by permit after a subdivision has received preliminary plat approval from the Planning Commission. The signs may only be used for subdivision identification and marketing purposes.

         (a)   Quantity. Subdivisions with more than one entrance from a public street may erect one temporary subdivision sign at each major entrance thereto.

         (b)   Size.

            1.   Height. The maximum height of a temporary subdivision sign shall be ten feet.

            2.   Area. The maximum size of a temporary subdivision sign shall be 64 square feet.

         (c)   Duration. Permits are valid for two years. Extensions may be granted at one-year intervals.

      (2)   Portable signs. Portable signs with message boards advertising special products or prizes or otherwise promoting business, industry or individuals are not permitted, except as follows:

         (a)   Must not be closer than 50 feet to any rights of way, or;

         (b)   Must be within ten feet of the primary building for which the advertisement is associated.

         (c)   Must have only a fixed message.

   (Q)   Off-premise signs - permit required. This division (Q) identifies two types of off premise signs. Static signs, typically papered with a single image and rented over a period of time, shall be referred to as “Billboards.” The other type is referred to as “Digital Boards,” which are light emitting diodes able to display multiple images. Both types are freestanding non-accessory signs offered as advertisements rather than used for site identification. In no instance shall an off premise sign be permitted for use as any other type of sign, including on-premise identification. Off-premise signs are permitted in the following districts: C-1 Local Business District; C-2 General Business District; C-3 Downtown Business District; I-1 Light Industrial District, and; I-2 General Industrial District.

      (1)   Non-digital billboards.

         (a)   Maximum size and faces. Shall not exceed 300 square feet per sign face nor contain more than four sign faces on any single structure.

         (b)   Setbacks.

            1.   Front yard - 25 feet.

            2.   Side yard - ten feet.

            3.   Rear yard - thirty feet.

         (c)   Prohibited districts. Are prohibited in any PMUD Planned Mixed Use Development, or PRD Planned Residential Development.

         (d)   Required distance between billboard signs. Locations for off premise signs shall be spaced no closer than 500 feet apart on either side of a street right-of-way.

         (e)   Distance from residential districts. Off-premise signs shall not be placed within 300 feet of a residential zoning district; provided, however that distance may be reduced to 125 feet for off-premise signs that are non-illuminated and do not exceed 30 feet in height.

         (f)   Thoroughfare exemption. The distance standard shall not apply to a residential district on the opposite site of a major thoroughfare.

         (g)   Maximum height. The maximum height shall be 40 feet.

         (h)   Maintenance. Off-premise signs must be maintained properly.

         (i)   Conversion to digital billboard.

            1.   If converting one non-digital billboard into one digital billboard, the distance between that billboard and another digital billboard must be 1,000 feet on the same side of the roadway and 500 feet from another non-digital billboard on the same side of the roadway.

            2.   If converting two or more non-digital billboards into one digital billboard, the distance from another billboards may be within 500 feet on the same side of the roadway.

      (2)   Digital billboards.

         (a)   Animation. May not display images that include animated, flashing, scrolling, intermittent or full-motion video elements.

         (b)   Fixed message. Each message or copy shall remain fixed for at least eight seconds and the transition between images must be accomplished in no more than two seconds.

         (c)   Maximum height. The maximum height shall be 40 inches but may be subject to exception when in proximity to residential areas.

         (d)   Setbacks.

            1.   Front yard - 25 feet.

            2.   Side yard - ten feet.

            3.   Rear yard - 30 feet.

         (e)   Proximity to Residential Districts and uses.

            1.   Digital billboards shall not be placed within 300 feet of a residential zoning district with the following exception; digital billboards may be as close as 125 feet so long as the direction angle for a digital billboard sign face must be 300 feet from a residential district. Digital billboards may be illuminated to a maximum level of 0.3 foot-candles as measured at vertical distance of 250 feet or to the Residential District or use during nighttime hours, or 0.24-foot candles as measured at a vertical distance of 250 feet or to the Residential District or use during daytime hours.

            2.   Dual digital billboards may exist where they share the same structure and are placed back-to-back or at an angle that is away from residential districts. In no instance shall a dual digital billboard be designed with a back-to-back placement that measures greater than 90 degrees from the back and facing a roadway.

         (f)   Size. Digital billboards shall be no larger than one 300 square foot single faced panel. A single billboard can be affixed to the back side of a digital billboard provided it does not exceed the dimensions of the digital billboard, dual digital billboard.

         (g)   Distance between digital billboards. 

            1.   Digital billboards or non-digital billboards shall not be placed within 1,000 feet of another digital billboard or non-digital billboard on either side of a roadway.

            2.   Digital billboards shall not be placed within 500 feet of another non-digital billboard on either side of a roadway.

         (h)   Sign default message. Such advertising devices shall contain a default design that will freeze the device in one position if a malfunction occurs.

         (i)   Conforming signs. Digital billboards may only be utilized on new signs or existing signs that are able to conform with the requirements as set forth in this section for off-premise signs.

         (j)   Interference with public safety. Digital billboards giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial digital billboards which function in the same manner as multiple message signs are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs.

         (k)   Public safety. No off-premise sign shall be located within 40 feet of a traffic signal so that when illuminated it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

         (l)   Maintenance. Digital billboards must be maintained properly.

   (R)   Awnings and banners.

      (1)   Awnings.

         (a)   Height of awnings. No person shall suspend or maintain over any public street, alley, sidewalk or public way within the corporate limits of the village any awning or any attachments or appendages at a height of less than six feet eight inches above the sidewalk or ground level, except that any rigid, permanently attached awning shall not be suspended or maintained less than seven feet six inches above the sidewalk or ground level. No awning projecting from a building or structure shall project beyond a point within three feet of a line drawn perpendicularly upward from the curb line.

         (b)   Maintenance of Canopies, Marquees, and Awnings. Canopies, marquees and awnings shall be maintained and kept in good order.

      (2)   Temporary banners over public right-of-way. The Village Administrator is authorized to grant permission to religious, charitable and nonprofit organizations to hang banners across Main Street within the village subject to the following terms, conditions and requirements (see 909.03 City General Offenses Code):

         (a)   Location. Banners must be placed beyond ten feet of the setback. The placement of banners shall be at a location approved by the Village Administrator in cooperation with applicable approving authority (Planning Commission and/or ODOT).

         (b)   Duration. Banners may be hung for a duration of a 30-day limit. Prior permission shall be secured from the public utility owning the poles to which the banner is to be attached. Banners that need to hang for greater than 30 days must seek re-approval.

         (c)   Examples. The following are all examples of banners:

            1.   Stick signs;

            2.   Signs on private light poles and posts;

            3.   Signs on fences.

      (3)   Violations. See division (U) below of this section.

   (S)   Other signs.

      (1)   Non-conforming signs. Any sign lawfully existing on the effective date of this zoning code which does not conform to all the standards and regulations of the current zoning code shall be deemed to be nonconforming. It is the intent of this zoning code to amortize nonconforming signs as they are replaced for any reason. Only the replacement of sign face panels shall be permitted. The following rules govern nonconforming signs during the period in which they exist prior to their replacement:

         (a)   Irreplaceable. A nonconforming sign shall not be replaced by another nonconforming sign for any reason, including but not limited to fire, accidents, or weather-related incidents.

         (b)   Re-facing permitted. The substitution or interchanging of faces on nonconforming signs shall be permitted.

         (c)   Structural modification prohibited. No change is permitted in the basic structural supports or members, footing, cabinetry or anchoring of a nonconforming sign.

      (2)   Illegal signs. Any sign which is contrary to the requirements of this section, and which is not a nonconforming sign, shall be deemed to be an illegal sign. Signs which were illegally erected, established, or maintained with respect to applicable requirements of this chapter shall be removed or brought into compliance with these regulations.

         (a)   Identification. The Village Administrator shall determine whether an illegal sign constitutes a public nuisance or not. Those determined to be a public nuisance and/or endanger the public safety, such as a sign which has been abandoned, is illegal, is dangerous, or is materially, electrically, or structurally defective shall be cause for immediate removal without prior notification to the property-owner.

         (b)   Issue violation. To cause removal of any illegal sign on private property, the Village Administrator shall first prepare and serve upon the owner of the sign or property a notice which describes the sign and specifies the violation involved.

         (c)   Period for removal. The period for removal of illegal signs shall be determined by the Village Administrator, but generally shall be:

            1.   Temporary signs - One day.

            2.   Permanent signs - 30 days or less if the situation is deemed warranted by the Village Administrator due to the situation or urgency.

         (d)   Encroachment. Upon finding a sign or any portion thereof in the public right-of-way, the Village Administrator shall immediately cause for removal of the sign unless otherwise permitted in this zoning code.

         (e)   Fees. Village Council may establish a fee to store all seized signage. The sign may be stored for a period of up to two months from the date in which it was confiscated. After a period of two months the sign will be discarded.

      (3)   Abandoned signs and removal.

         (a)   Cause for removal. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises.

         (b)   Removal period. Owners of abandoned signs have 30 days to remove the violation after the Village Administrator issues a written citation indicating a sign has been abandoned.

         (c)   Citation. If the owner or lessee fails to remove the violation, the Village Administrator shall give notice to remove it.

         (d)   Removal at owner's cost. Upon failure to comply with this notice, the Village Administrator or his duly authorized representative may remove the sign at the cost of the owner.

         (e)   Exception. Where a successor to a defunct business agrees to maintain the sign structure as provided in this section, this removal requirement shall not apply.

   (T)   Interpretation. Where there is any ambiguity or dispute concerning the interpretation of this chapter, the decision of the Village Administrator shall prevail subject to appeal as provided herein.

   (U)   Penalties. Failure to adhere to the requirements in this section shall be deemed a violation of this zoning code and shall subject the property owner to enforcement and penalty under §§ 178.260 through 178.268 and 178.999.

   (V)   Right of appeal. Any person aggrieved by any decision or order of the Village Administrator may appeal to the Board of Zoning Appeals. The Village Administrator shall take no further action on the matter pending the Board's decision, except for unsafe signs which present an immediate and serious danger to the public, as provided elsewhere in this chapter.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Purpose. The purpose of this section is to provide for sensible and reasonable land use standards to allow for the provision of adequate and reliable public and private communication service; to maximize the use of any communication transmission towers in order to reduce the total number of towers needed to serve the communications needs of the area; and whereas; to minimize the adverse, undesirable visual effects of such communication towers; and to provide for the reasonable location of such towers in the village.

   (B)   Prohibited; R-l, R-2, R-3, R-4, Ml, M-2, and M-3. With the exception of HAM radio antenna, television antenna, and satellite dish, all other communication facilities are restricted from residential zoning districts. Television antennas and HAM radio antenna must be in the side and rear yard with a property line setback equal to one-half the height of the antenna. The maximum height of HAM radio antenna and television antenna is 40 feet.

   (C)   Setbacks; O-1, C-1, C-2, C-3, I-1, I-2.

      (1)   Property lines. All communication structures shall be set back from any property line a distance equal to at least 80% of the height of the tower; and

      (2)   Residential structures. A communication tower may not be placed closer than 500 feet to any residential structure.

   (D)   Required front yard prohibition. Communication structures are generally not permitted in required front yards, except where evidence provided by the petitioner demonstrates that placement in a required front yard would provide the best camouflage for the tower.   

   (E)   Minimum number of co-location sites. Minimum number of additional antenna sites to be provided on an 80-foot tower is two.

   (F)   Design requirement. All communication towers shall be a monopole design.

   (G)   Buffer requirements. The location of the tower and equipment buildings shall comply with all local, state and federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a communication facility:

      (1)   Fence or wall. An eight-foot high wood fence or brick masonry wall shall completely surround the entire communications facility, excluding guy wires.

      (2)   Evergreen screen. A live evergreen screen consisting of a hedge, planted five feet on center maximum, or a row of evergreen trees planted a maximum of ten feet on center shall be planted outside the fence around the entire communication facility and each of the guy wires and anchors, if used. The height of all plants at the time of planting shall be no less than five feet.

      (3)   Existing vegetation. Trees and shrubs shall be preserved to the maximum extent possible on the entire site. Evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.

   (H)   Access to site/structure. Proposed communication towers and antennas shall meet the following access requirements:

      (1)   Vehicular access. Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible, and;

      (2)   Automation. The communication structure shall be fully automated and unattended on a daily basis, and may be visited only for periodic maintenance, emergencies, installations or equipment removal.

   (I)   Design requirements. Proposed communication structures, towers, and antennas shall meet the following design requirements:

      (1)   Obscurity. Communication towers and antennas shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).

      (2)   Compatibility. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which shall be designed to match the architectural exterior of residential or commercial structures within the neighborhood or area. Only if the facility will be 100% screened during all seasons with an eight-foot tall wood privacy fence and evergreen screen will other materials be approved.

      (3)   Lighting. Only lighting that is for safety or security reasons or required by the FAA or other federal or state authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.

   (J)   Co-location requirements. It is required that communication towers and their telecommunication companies mutually cooperate with respect to siting communication towers in the village. It is not desirable to have more towers than necessary to serve a single market area. Therefore, the following standards are to be agreed upon at the time of permit issuance:

      (1)   Construction for multiple users. Any proposed communication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate the number of additional users as required in this zoning code.

      (2)   Anticipating future needs. 

         (a)   Additional infrastructure. The site of the initial communication tower and communication facility shall be of sufficient area to allow for the location of one additional communication tower and associated communication facility.

         (b)   Future rearrangement. Communication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.

   (K)   Siting requirements. A proposal for a new communication tower shall not be approved unless the petitioner submits verification that the communication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building, or other structure due to two or more of the following reasons:

      (1)   Structural capacity. The planned communication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer; and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned communication equipment at a reasonable cost.

      (2)   Communication interference. The planned communication equipment would cause interference impacting the usability of other existing communication equipment at the site if placed on existing structures. Supporting documentation, prepared by a qualified and licensed professional engineer, must be provided that indicates that the interference cannot be prevented at a reasonable cost.

      (3)   Design requirements. The existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned communication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

      (4)   Reason(s) unforeseen in this zoning code. Other unforeseen reasons that make it unfeasible or impossible to locate the planned communication equipment upon an existing or approved tower, building, or structure.

      (5)   Impasse. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings, or structures. Evidence of such must be presented to the Planning Commission.

      (6)   No accommodation. Additional land area is not available at the base of existing towers, buildings, or structures to accommodate the proposed communication facility.

   (L)   Construction requirements. All antennas, communication towers, accessory structures and any other wiring constructed within the village jurisdiction shall comply with the following requirements and all applicable provisions of this zoning code and the Building Code of the State of Ohio, Federal Communications Commission (FCC) and the Federal Aviation Administration when applicable.

   (M)   Existing structures. Existing antennas, communication towers and communication equipment may continue in use for the purpose now used and as now existing, but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this zoning code.

   (N)   Removal of abandoned towers.

      (1)   Cause for removal. A tower shall be removed by the owner(s) of the tower and/or land, their lessee's and/or assigns of the land upon which the tower is located when unused or left abandoned for six months.

      (2)   Removal period - 30 days. Owners of abandoned towers and/or owners of the land upon which the towers are placed shall have 30 days for removal after the Village Administrator has cited in writing determining a tower has been abandoned.

      (3)   Citation. If the land owner and/or tower owner fails to remove it, the Village Administrator shall give notice to remove it.

      (4)   Removal at owners cost. Any communication tower shall be removed by the owner at his/her expense. Should the owner fail to remove the communication tower after 30 days from the date a notice of violation is issued, the village may remove the communication tower and bill the land owner and/or tower owner for the costs of removal and cleanup of the site. Upon failure to comply with this notice, the Village Administrator or his duly authorized representative may remove the tower at the cost of the land owner.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Small wind turbines.

      (1)   Intent. It is the purpose of this regulation to promote the safe, effective, and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.

      (2)   Permitted - all zoning districts. Small wind energy systems shall be a permitted use in all zoning districts subject to certain requirements as set forth in this section.

      (3)   Required yards. 

         (a)   Minimum setback from the property line. All turbine towers shall be set back from any property line a distance equal to at least 80% of the height of the tower.

         (b)   Proximity to residential structures. Small wind energy systems shall not be placed closer to any residential structure than the height of the tower, or 25 feet, whichever is greater. Roof mounting is permitted.

           (c)   Front yard prohibition. Small wind energy systems are not permitted in required front yards.

         (d)   Setback. No part of the wind system structure, including guy wire anchors, may extend closer than ten feet to the property boundaries.

      (4)   Tower height by zoning district.

 

 

      (5)   Approved turbines - all districts.

         (a)   Only wind turbines that have been certified by the Small Wind Certification Council will be permitted in the village. In early 2010 the Small Wind Certification Council (SWCC), an independent certification body, will begin certifying small wind turbines that meet or exceed the performance, durability, and safety requirements of the Small Wind Turbine Performance and Safety Standard. This certification will provide a common North American standard for reporting turbine energy and sound performance and help small wind technology gain mainstream acceptance.

         (b)   The SWCC will issue certified turbines with easy-to-understand labels for SWCC Rated Annual Energy Output, SWCC Rated Power, and SWCC Rated Sound Level. The label will also confirm the turbine meets durability and safety requirements. SWCC's web directory will include Power Curves, Annual Energy Performance Curves, and measure sound pressure levels for each model certified. For more information see the SWCC Web site at www.smallwindcertification.org. As of 8/27/2021 additional guidance / changes from pending legal outcome of recent review at county level regional planning.

      (6)   Compliance with Uniform Building Code. Zoning permit applications for small wind turbines shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is typically supplied by the manufacturer. Original drawings are not required.

      (7)   Compliance with FAA regulations. Small wind turbines must comply with applicable FAA regulations, including any necessary approvals for installations close to the airport.

      (8)   Utility notification. Zoning permit applications for small wind turbines will not be considered without evidence that the utility company has been informed of the applicant's intent to install an interconnected customer-owned generator. If the generator is not proposed to tie into the electrical grid, the applicant must submit an affidavit with the application which states the intent to erect a free-standing, off-grid system.

   (B)   Signs on towers. Signs are not permitted on towers other than those related to safety.

   (C)   Solar power - photovoltaic (PV).

      (1)   Defined.

         (a)   Accessory solar energy systems are smaller systems that are commonly found as an accessory use to a residential or commercial use. Their purpose is mainly to add electricity to the site, but often generate extra for re-sale to the electric grid on which the site is located.

         (b)   Principal solar energy systems are larger, more commercialized industry of photovoltaic installations. These large solar energy production facilities exist primarily for the production of electricity for the resale onto the electric grid.

      (2)   Permitted zoning districts.

         (a)   Accessory solar energy systems - All districts.

         (b)   Principal solar energy systems - I-1, I-2.

      (3)   Accessory solar energy systems; design and installation.

         (a)   Code compliance.

            1.   The solar energy system shall comply with all applicable Ohio building and construction codes.

            2.   Conformance with industry standards. The design and installation of accessory solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Ohio Building Code and with all other applicable fire and life safety requirements.

            3.   Manufacturer Specs. The manufacturer specifications shall be submitted as part of the application.

         (b)   Site requirements.

            1.   Buried lines. All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.

            2.   Building mounted. Whenever practical, all accessory solar energy systems shall be attached to a building or located on an impervious surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural imitations of the building.

            3.   Glare control. Accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

            4.   Yard requirements. No portion of an accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

            5.   Height restrictions. Active solar energy systems must meet the following requirements:

               a.   Building- or roof-mounted. Solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for the height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.

               b.   Ground- or pole-mounted solar energy systems. Shall not exceed the minimum accessory structure height within the underlying district.

            6.   Setback. Active solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.

               a.   Roof-mounted. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.

               b.   Ground-mounted. Ground mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.

      (4)   Plan approval required. All solar energy systems shall require administrative plan approval by the Planning Commission and Village Council.

      (5)   Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines. Applicants must use an installer who is on the Ohio Public Utilities Commission approved list.

         (a)   Pitched roof mounted solar energy systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

         (b)   Flat roof mounted solar energy systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.

         (c)   Plan approvals. Applications that meet the design requirements of this zoning code, and do not require a conditional use permit, shall be granted administrative approval by the Planning Commission and require Village Council approval. Plan approval does not indicate compliance with the Ohio Building Code or Electric Code.

         (d)   Utility notification. The owner of the small solar energy system shall provide written authorization that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.

      (6)   Principal solar energy systems; design and installation.

         (a)   Underground utilities. All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

         (b)   Avoid reflective glare. All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

         (c)   Site design.

            1.   Signage. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

            2.   Proximity to airports. The proposed solar energy project is not located adjacent to, or within, the control zone of any airport.

            3.   Building mounted. Whenever practical, all principal solar energy systems should be attached to a building; or if ground mounted and/or freestanding, the applicant shall demonstrate by credible evidence that:

               a.   The area proposed for the principal solar energy system does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey, and is generally unsuitable for agricultural purposes; and such facilities cannot feasibly be attached to a building due to structural limitations of the building;

               b.   All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, and provided with screening in accordance with the landscaping provisions of the municipal subdivision and land development ordinance.

            4.   Use of public roads. The applicant has secured, or can secure, all necessary approvals from the local government or the State Highway Division of access points for project roads and parking areas at the project site.

               a.   Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate.

               b.   Decommissioning. The applicant agrees to the following as conditions of the land use permit:

                  i.   If the applicant ceases operation of the energy project or begins, but does not complete, construction of the project, the applicant shall restore the site according to a plan approved by the Village Planning Commission.

                  ii.   The large solar energy production facility owner is required to notify the village immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. The owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property.

                  iii.   At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in form and amount acceptable to the village to secure the expense of dismantling and removing said structures.

(Ord. O-2019-24, passed 9-9-2019)

   In addition to other requirements found in this zoning code, some special conditions may be imposed. Conditional uses, not specified herein, shall be regulated at the Village Planning Commission's discretion. Uses may be permitted or denied depending upon how well they can address the following conditions.

   (A)   Community non-commercial recreational and community recreational facility. Buildings located within 100 feet of a residential district or use shall incorporate a minimum of level 1 screening. This distance shall be measured from the building to the residential property line. A higher level of screening may be prescribed by the Village Planning Commission depending on the intensity of use.

   (B)   Bars, night clubs, taverns. Not to exceed 2,500 gross square feet.

      (1)   Outdoor patios and smoking areas. Not permitted on elevations facing residentially zoned districts, except when a 75-foot setback can be maintained between the district boundary and the outdoor patio edge.

      (2)   Screening.

         (a)   Additional screening and/or distance may be imposed to consider

requests from establishments not able to meet proper setback or frontage requirements.

         (b)   Level 3 Screening when adjacent to residential zoned districts.

   (C)   Home occupations. Home occupations are allowable in all residential zoning districts subject to the following conditions:

      (1)   Restricted to occupants. No employees shall travel to the home for work related purposes;

      (2)   No signage;

      (3)   Limited activity. Home occupations are to be conducted entirely within the home. This does not include the garage. Uses expressly prohibited as a home occupation include any type of welding, minor automotive repair, major automotive repair, and the like;

      (4)   Alterations. There shall not be any additional or separate exterior entrances to the dwelling unit specifically used for the purpose of conducting business or to accommodate the home occupation;

      (5)   Nuisance determination. Any activity or use determined to be a nuisance shall prevail over the owner's use as a home occupation. A nuisance can be evaluated based on the following:

         (a)   Traffic volume in excess of typically accepted standards for residential uses;

         (b)   Frequency of complaints from neighbors;

         (c)   A police report citing a civil dispute resulting from or involving the home occupation;

         (d)   A determination of illegal use by the Village Administrator.

   (D)   Domestic violence shelters. Based on their services, domestic violence shelters are exempt from the public review and notification procedures. Their location is permitted in all zoning districts subject to the following:

      (1)   Proof of status. The shelter must be run by a legitimate and non-profit organization. Articles of Incorporation and a tax identification number must be submitted confidentially to the mayor's office as a condition for location approval;

      (2)   Location must be approved administratively by the Mayor, Police Chief, Planning Commission, Village Administrator and Village Council.

      (3)   No further review requirements are necessary.

   (E)   Group homes and transient housing.

      (1)   Owned by a not-for-profit organization. The operation must be run by a legitimate and non-profit organization.

      (2)   Proof of status. A copy of the organization's Articles of Incorporation, tax identification number, and license required by the State of Ohio must be submitted in order to receive site approval.

      (3)   On-site management required. Each location must have a full-time person living on-site to manage the operation.

      (4)   Zoning requirements. Group homes and transient housing must comply with all zoning requirements per the district in which it is located. In addition:

         (a)   Group homes. Each person living in the home must have his/her own bedroom.

         (b)   Transient housing. Each person living in the home must have his/her own living unit per the zoning district requirements.

      (5)   Group home exception. The maximum number of unrelated individuals may exceed three in the single-family residential districts on condition that the number of bedrooms is equal to the number of individuals living at the residence. This number does not include the required 24-hour staff person.

      (6)   Floor plans. Floor plans must be submitted as part of the review and approval process.

      Example 1: If a home is proposed for use as a transient home in the R-l Single-Family Residential District, then it must have 1,600 sq. ft (single story) or 1,800 sq. ft (two story) living area. Only one family or three unrelated individuals may live in the home in addition to the staff person required.

      Example 2: If a four-bedroom home is proposed for use as a group home in the R-3 Single-Family Residential District, the maximum occupancy is four individuals each having his/her own bedroom. See above “Group Home Exception.”

   (F)   Bed and breakfast.

      (1)   Proof of status. The business must provide a tax i.d. number and/or proof of incorporation so as to distinguish it from other non-commercial types of housing.

      (2)   On-site management required. Each location must have a full-time person living onsite to manage the operation.

      (3)   Zoning requirements. Each location must comply with all zoning requirements per the district in which it is located.

      (4)   Bed and breakfast exceptions.

         (a)   Living units. Living units are defined below and may differ from the minimum living unit requirement per the zoning district.

            1.   A bedroom available for rent constitutes a “living unit.”

            2.   A suite available for rent constitutes a “living unit.”

         (b)   Occupancy. The maximum number of unrelated individuals may exceed three in the single-family residential districts on condition they are not greater than the number of living units as defined in (4)(a) above. This does not include the required 24-hour staff person.

      (5)   Floor plans must be submitted as part of the review and approval process.

      Example 1: If a home is proposed for use as a bed and breakfast in the R-2 Single-Family Residential District, then it must have 1,300 sq. ft. (single story) or 1,500 sq. ft (two story) living area.

   (G)   Drive thru lanes and pick up windows.

      (1)   Traffic circulation.

         (a)   Pedestrian crossings shall be available.

         (b)   Pedestrian crossings shall be clearly marked/enhanced where lanes bisect the building and required parking.

      (2)   Lane separation. Parking lot circulation aisles must be separate from the drive-thru lane so as not to block vehicles parked in the lot.

      (3)   Stacking. 

         (a)   Fast food. Drive-thru lane must provide for eight stacked cars from point of ordering to the access point, measured to the right-of-way line.

         (b)   Pick up window. Pick up windows must provide for five stacked cars from window to the access point, measured to the right-of-way line.

      (4)   Ingress/egress.

         (a)   New development. Ingress/egress must be 250 feet from a signalized intersection.

         (b)   Existing development. Ingress/egress must be located at the farthest point on the lot from the signal.

      (5)   Screening. Per § 178.141 Screening Standards.

   (H)   Car wash.

      (1)   Noise level. Not to exceed 60 decibels at property line in C-l and C-2 Districts.

      (2)   Vacuum cleaners. Vacuum cleaners over the 60-decibel limit shall be permitted only in locations with industrial district zoning classification unless next to a residential use or zoning, then the requirement remains 60 decibels at the property line.

      (3)   Hours of operation.

         (a)   Unattended - 7:00 a.m. -11:00 p.m.

         (b)   Attended - 24 hours.

      (4)   Screening. Per § 178.141 Screening Standards Level 2.

   (I)   Gas stations.

      (1)   Tank access. Access to sub-surface gas tanks shall be oriented toward the street and away from residential districts.

      (2)   Screening. Per § 178.141 Screening Standards Level 2.

   (J)   Funeral services.

      (1)   Stacking. It is not permitted to use major or minor thoroughfares, nor arterial, primary or secondary streets for procession readiness and vehicle stacking.

      (2)   Crematoriums (human or animal). Crematoriums shall be located no closer than 100 feet to any residential use or zoning district as measured from the building housing the crematorium to the property line of a residential zone or use.

   (K)   Cemeteries.

      (1)   Access. Cemeteries must be accessed from a major or secondary thoroughfare.

      (2)   Setback. A ten-foot side and rear yard setback is required when cemeteries about any residential zoning district.

   (L)   Nursing/convalescent homes.

      (1)   Access. These homes must be accessed from a major or minor thoroughfare or be part of a larger development such as a Planned Residential District (PRD) or Planned Mixed Use Development (PMUD).

      (2)   Minimum lot size ratios. Ratios may be reduced if open space is accessible and useable to the residents based on one of the following criteria:

         (a)   The facility is part of a Planned Residential District (PRD) or Planned Mixed Used Development (PMUD) that has an open space component including a walking path or trail throughout the development.

         (b)   The facility is adjacent and connected to a public open space area or pathway.

   (M)   Outdoor storage requirements.

      (1)   O-1, C-1, C-2, and C-3 standards.

         (a)   Outdoor storage is not permitted in the required front yard.

         (b)   All stored items must be located on a hard, dust free surface and shall be maintained in good condition.

         (c)   Outdoor storage areas must meet level 1, 2, or 3 screening requirements as prescribed by Village Planning Commission or the Village Administrator. Required parking must be maintained.

      (2)   I-1 and I-2 standards.

         (a)   Outdoor storage, display, or sale of materials, equipment or vehicles shall be prohibited in front yard setback.

         (b)   Outdoor storage areas may utilize permeable surfaces if the area is enclosed and screened.

         (c)   Screening standards per § 178.141 Screening Standards, Level 2 or 3.

   (N)   Drive-thru beverage stores.

      (1)   Traffic circulation. Traffic must flow from rear of property forward through the building.

      (2)   Single bay. Buildings are limited to one lane/bay.

         (a)   Screening. Side and rear yards must employ Level 2 Screening per § 178.141 Screening Standards.

         (b)   Stacking. Must have stacking space for five car lengths from the point of sale to the right-of-way.