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Middlefield City Zoning Code

TITLE SEVEN

Zoning Districts and Regulations

1151.01 INTENT.

   The following zoning districts are hereby established for the Village of Middlefield, Ohio. For the interpretation of this Ordinance, the zoning districts have been formulated to realize the general purposes as set forth in the preamble of this Ordinance. In addition, the purpose of each zoning district shall be as follows:
   (a)    R-1 Single- Family Residential. This district is established to accommodate single-family residential dwellings at a density that is similar to that which already exists in the area so defined. The objective of this district is to discourage large concentrations of intensive development where it is desirable to maintain the character of the area.
   (b)    R-1A Moderate Density Single Family Residential. This district is established to accommodate single-family residential dwellings at a density somewhat greater than that which exists in the R-l district. The objective of this district is to encourage the development of affordable housing without degrading the quality or aesthetics of that housing.
   (c)    R-2 Two-Family Residential. This district is established to accommodate two- family residential dwellings at a density that is similar to that which already exists in the area so defined. The objective of this district is to discourage large concentrations of intensive development where it is desirable to maintain the character of the area.
   (d)    R-3 Multiple Family Residential. This district is established to accommodate multi-family dwellings and townhouses at a density compatible to that already existing in the areas so defined. The objective of this district is to allow continuance, redevelopment or limited expansion of existing apartments in areas appropriate for such development and to allow for a choice of dwelling structure types and densities.
(Ord. 91-124. Passed 8-5-91.)
   (e)   SR Senior Residential District. The SR District is established in recognition of the special nature of the housing needs of senior citizens and to enable senior citizens to obtain suitable, safe, sanitary and decent housing designed to meet their special needs, including reduced dwelling size, assistance in housekeeping, availability of essential amenities and the development of a community atmosphere to reduce feelings of alienation.
   (f)    GC General Commercial District. The General Commercial District is intended to encourage the concentration of a broad range of individual commercial establishments which together may constitute an area of general commercial activity. Activities in this district are generally large space users offering a wide range of goods and services. Strip development shall be discouraged. GC Districts shall be located on Major Thoroughfares.
   (g)    CB Central Business District. The Central Business District is intended to accommodate and encourage the further expansion and renewal of the historical core business area as a convenient and attractive place for a wide range of retail and businesses, residential, professional, and public uses, in a setting conducive to and safe for a high volume of pedestrian traffic.
   (h)    I Industrial District. The Industrial District is established to provide areas for necessary industria1 expansion and related uses in such a manner so that those uses do not create serious problems for other land uses in the community.
   (i)   I-O Industrial Office District. The Industrial Office District is intended to provide a transition zone between Industrial and Residential Districts, in accordance with Section 1153.06 . It is the further objective of this District to promote and maintain an attractive setting with grass, trees and shrubbery versus the stark plainness of an industrial manufacturing building and to be aesthetically and otherwise compatible to existing neighboring residential development and to keep the traffic impact to a minimum.
   (j)   R-PUD Planned Unit Residential Development. The R-PUD District is established to permit a variety of dwelling unit types and provide greater design flexibility and housing diversity within an area than would normally be developed through conventional zoning districts.
      (Ord. 91-124. Passed 8-5-91.)
   (k)   I-PUD Planned Unit Industrial Development. The I-PUD District is established to permit a variety of industrial uses and provide greater design flexibility that would normally be permitted in an industrial district, so that the potential adverse impact of industrial uses on nearby non-industrial uses can be minimized.
(Ord. 97-112. Passed 5-15-97.)
   (l)   C-PUD Planned Unit Commercial Development. The C-PUD District is established to permit a planned commercial district, with rezoning to that district premised upon the existence of an enforceable, negotiated development plan which includes the layout of all site features (including buildings and other structures), planned uses, locations of permitted access points, parking and drives, landscaping, storm water management and architectural standards.
      (Ord. 01-139. Passed 11-15-01; Ord. 08-108. Passed 5-2-08.)

1151.02 ANNEXATION.

   (a)   Upon any territory being annexed to the Municipality, the area so annexed shall be considered to be zoned to the most restrictive district under the terms of the Zoning Ordinance, which district is the R-1, Single Family Residential District. Within thirty days after the acceptance of the annexed territory, the Planning Commission shall study the area so annexed relative to the recommended use of the land as shown upon the Middlefield Comprehensive Plan and make such recommendations to Council as are deemed proper. If these recommendations include proposed zone changes, Council shall advertise and hold a public hearing according to the amendment procedures in Chapter 1137 . In any event, the period of time for action necessary to accommodate a zone change, if required, shall not exceed ninety days by Council or 120 days by the Commission and Council from the date of the annexation acceptance.
   (b)   Prior to accepting annexation of any territory to the Municipality, the Council shall consider the following factors:
      (1)   All factors relating to utility impacts of the proposed annexation territory on the Municipality, as more fully provided by Section 901.01 of the Codified Ordinances;
      (2)   Whether the annexation petition is consented to by all of the owners in the territory to be annexed;
      (3)   Whether the territory proposed for annexation exceeds 500 acres;
      (4)   Whether the length of the boundary between the territory proposed for annexation and the Municipality is at least five percent of the length of the perimeter of the entire territory proposed for annexation;
      (5)   Whether the annexation will create an unincorporated area of the Township that is completely surrounded by the Municipality;
      (6)   Whether the annexation, if accepted, will divide or segment an existing street or road, and, if so, whether there exists an agreement between the Township and the Municipality regarding the maintenance of that segment of street or road; and
      (7)   Whether the territory is being annexed for the purpose of undertaking a “significant economic development project” within the meaning of Section 709.024 of the Revised Code.
         (Ord. 02-138. Passed 9-19-02.)

1151.03 OFFICIAL ZONING DISTRICT MAP.

   The districts established in Chapter 1151 of this Ordinance are shown on the Zoning District Map which, together with all explanatory matter thereon, is hereby adopted as part of this Ordinance.

1151.04 IDENTIFICATION OF THE OFFICIAL ZONING MAP.

   The Zoning District Map shall be identified by the signature of the Mayor, attested by the Fiscal Officer, and bear the official Seal of the Mayor.

1151.05 COMPLIANCE WITH REGULATIONS.

   (a)    The regulations for each district set forth by this Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
   (b)    No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
   (c)    No building or other structure shall be erected or altered;
(1)    To provide for greater height or bulk;
(2)    To accommodate or house a greater number of families;
(3)    To occupy a greater percentage of lot area; and
(4)    To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
than herein required, or in any other manner be contrary to the provisions of this Ordinance.
   (d)    No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements set forth herein.

1153.01 (R-1) SINGLE-FAMILY RESIDENTIAL DISTRICT.

   (a)    Uses Permitted. A building or lot in the R-1 District shall be used only for the following purposes:
(1)    One family detached dwelling, which shall include a garage, either attached or free standing, with a minimum floor area of 400 square feet.
(2)    Public Park or Playground
(3)    Similar uses, as determined by Planning Commission and Village Council, in accordance with Section 1153.08
(Ord. 99-114. Passed 5-6-99; Ord. 21-122. Passed 6-18-21.)
   (b)    Accessory Uses Permitted. 
      (1)    Private Garage or Parking Space
      (2)    Tool Sheds and Private Greenhouses
      (3)    Temporary Buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work
      (4)    Private Swimming Pools, to be used primarily by the occupants of the principal use of the property on which it is located, subject to the provisions of Chapter 1159.
   (c)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 of the Ordinance.
      (1)    Churches and other places of public worship
      (2)    Cemeteries, including mausoleums therein
      (3)    Public Community Centers
      (4)    Human Hospitals
      (5)    Nursing Homes
      (6)    Public and Private Schools
      (7)    Customary Home Occupations or home professions as defined and limited under Section 1131.05, Definitions, number 45, which includes but is not limited to: art studio, beauty parlor, barber shop, dressmaking, professional office of a clergyman, physician, dentist, lawyer, optometrist, engineer, architect, or accountant, teaching with musical instruction limited to two (2) pupils at a time, within the dwelling unit occupied by the same. However, a home occupation or home profession shall not be interpreted to include commercial stables, commercial kennels, or restaurants, and provided in addition:
         A.    That such occupations shall be conducted solely by resident occupants in the residence;
          B.    That not more than one quarter (1/4) of the floor area of one (1) floor of said residence shall be used for such purposes;
         C.    That no such use shall require internal or external structural alterations;
          D.    That no such use shall involve construction features or the use of mechanical equipment not customary in dwellings;
          E.    That the entrance to the space devoted to such use shall be from within the dwelling;
          F.    A home occupation shall not include beauty culture schools or the sale or storage of items which are readily available through retail and wholesale outlets.
      (8)    Public Offices
      (9)    Specialized Animal Raising
      (10)    Public Libraries or Public Museums
      (11)    Radio, television, or other transmission towers or masts, and windmills, as permitted and regulated in Section 1155.05.
         (Ord. 85-107. Passed 8-1-96.)
      (12)    Nursery Schools and Day Care Schools.
         (Ord. 96-133. Passed 8-1-96.)
      (13)   Community-based Residential Social Services facilities (Category A).
         (Ord. 21-122. Passed 6-18-21.)

1153.015 (R-1A) MODERATE DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT.

    (a)   Uses Permitted.  A building or lot in the R-1A district shall be used only for a one-family dwelling, which shall include an attached garage with a minimum floor area of four hundred square feet.
(Ord. 99-114. Passed 5-6-99.)
   (b)   Accessory Uses Permitted.
      (1)   Tool sheds and private greenhouses.
      (2)   Churches and other places of public worship.
      (3)   Temporary buildings for uses incidental to construction work, which building shall be removed upon completion or abandonment of the construction work.
         (Ord. 91-124. Passed 8-5-91.)
      (4)   Private Swimming Pools to be used primarily by the occupants of the principal use of the property on which the pool is located subject to the provisions of Chapter 1159.
(Ord. 96-148. Passed 3-6-97.)
   (c)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 of the Zoning Code:
      (1)   Public community centers.
      (2)   Customary home occupations, as more fully specified in Section 1153.01(c)(7).
         (Ord. 91-124. Passed 8-5-91.)
      (3)   Small Wind Energy Conversion Systems (SWECS).
         (Ord. 10-105. Passed 4-15-10.)

1153.02 (R-2) TWO-FAMILY RESIDENTIAL DISTRICT.

   (a)    Uses Permitted. A building or lot in the R-2 District shall be used only for the following purposes:
(1)    Any use or structure permitted and as regulated in the R-l District.
   (b)    Accessory Uses Permitted. 
      (1)    Any use or structure permitted as an accessory use in the R- l District.
   (c)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 of this Ordinance:
      (1)    Any use or structure permitted as a conditiona1 use in the R-1 District.
      (2)    If included within the area of the R-2 and R-3 District which was in existence prior to March 4, 1985, which area is denoted by crosshatching on the previously existing zoning map which is attached hereto and made a part hereof; "boarding, lodging or rooming houses" having not more than six guest rooms as defined in Section 1131.05(17) will be permitted provided they meet the following criteria:
 
Front yard depth:          40 ft.
Side yards width:          25 ft.
Width of smallest side yard:    8 ft.
Rear yard depth:          30 ft.
Minimum lot width:          85 ft.
Minimum lot frontage:       85 ft.
Minimum lot area:          17,000 sq. ft.
Maximum height:          35 ft.
Minimum floor area:
One-story             1,200 sq. ft.
Two-story-   1st floor       800 sq. ft.
       2nd floor       500 sq. ft.
Maximum coverage of lot      25%
by structure (%)
Off-street parking as prescribed
in Section 1157.04
Location of parking in side or back
yard only.
Signs as prescribed in Section 1165.05(e)
Compliance with Fire Code regulations
for this category.
Must obtain any and all State and other
permits and/or pass all required
inspections prior to issuance of
conditional use certificate.
If an approved boarding, lodging or
rooming house is destroyed, totally
or partially, replacement of such
structure and the approved conditional
use shall be allowed.
 
The owner of the boarding house, lodging or
rooming house must reside in that building.
 
      (3)   “Manufactured Housing--Single-family home” as defined in Section 1131.05(a)(52)A., will be permitted providing it conforms with all of the following standards and regulations:
         A.   A single-family manufactured home shall have a minimum ground floor area of 1,100 square feet.
         B.   A single-family manufactured home shall have a minimum main structure width of at least twenty feet.
         C.   A single-family manufactured home shall conform to all minimum lot requirements, setback requirements, yard requirements, parking requirements, maximum coverage of lot requirements and maximum building height requirements for the zoning district in which it is located.
         D.   Both the single-family manufactured home and the land on which it is situated shall be owned by the same individual or institution. In no case shall the land, on which a single-family manufactured home is situated, be owned, leased from, or rented from another party than the owner of the single-family manufactured home.
         E.   A single-family manufactured home shall meet or exceed all minimum relevant regulations and standards for electrical wiring, plumbing and heating facilities for a detached, single-family home.
         F.   A single-family manufactured home shall be serviced by utilities that are separate from any other building or structure.
         G.   A single-family manufactured home shall have a shingled roof with a constant pitch. The roof pitch shall be at least three and one-half inches per running foot, and in no case shall the roof pitch exceed six inches per running foot. All roofing for a single- family manufactured home shall begin at a height of at least eight feet above the ground level. Single-family manufactured homes shall have roof eaves extending at least twelve inches from the exterior siding.
          H.    A single-family manufactured home shall be properly attached to a permanent foundation that is constructed in accordance with all relevant regulations and standards. The foundation shall consist of, at a minimum, a perimeter footer below the frost level, that is constructed of concrete block or poured concrete.
          I.    A single-family manufactured home shall have exterior siding that is similar in appearance to site-built, detached, single-family home siding. In no case shall the reflection from the exterior siding of a single-family manufactured home be greater than the reflection from siding coated with white, semigloss, exterior enamel.
          J.    Prior to the installation or erection of a single-family manufactured home on a permanent foundation, the Zoning Inspector shall inspect both the building and the site to insure that all chassis, hitches, wheels, and other elements of mobility have been removed from the structure and the foundation.
         K.    A single-family manufactured home shall be the primary use of its lot, and shall not be attached to any preexisting structures.
         L.    A single-family manufactured home shall have at least two means of ingress and egress, at least one of which shall be on a different side of the building from the other or others.
M.    No single-family manufactured home shall be constructed whereby the main entrance of the building does not face a public street, nor shall any single-family manufactured home be constructed or erected behind another dwelling or other building in such a manner so that its proximity to a public street is behind another dwelling or building.
(4)    Funeral homes.
      (5)   Community-based Residential Social Services facilities (Category B).
         (Ord. 23-142. Passed 12-14-23.)

1153.03 (R-3) MULTI-FAMILY RESIDENTIAL DISTRICT.

   A building or lot in the R-3 District shall be used only for the following purposes:
   (a)    Uses Permitted. 
      (1)    Any use or structure permitted and as regulated in the R-2 District
      (2)    Multi-Family Apartment Houses, which shall include garage and/or alternate parking as prescribed by the Planning Commission.
         (Ord. 93-133. Passed 8-19-93.)
   (b)    Accessory Uses Permitted.
      (1)    Any use or structure permitted as an accessory use in the R-1 District
   (c)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 of this Ordinance:
      (1)    Any use or structure permitted as a conditiona1 use in the R-1 District.
      (2)    Private Clubs, lodges, and meeting places for organizations, provided that the use is not conducted as a gainful business.
       (3)    Nursery schools and day care schools.
      (4)    Community-based residential social services facilities (Category C and D)
(Ord. 86-106. Passed 5-5-86.)
      (5)    "Manufactured Housing -- Two-family Home" as defined in Section 1131.05(A)(52) B. will be permitted provided it conforms with all of the following standards and regulations:
         A.    A two-family manufactured home shall consist of two or more dwelling units joined together for permanent residential use by two or more families. There shall be only one family per dwelling unit.
         B.    Each dwelling unit in a two-family manufactured home shall have a minimum ground floor area of 1,000 square feet.
         C.    A two-family manufactured home shall have a minimum main structure width of more than twenty feet.
         D.    The lot area per dwelling unit in two-family manufactured housing shall conform to at least the minimum lot area per dwelling unit for similar site-built two-family housing in the same zoning district.
         E.    A two-family manufactured housing unit, complex, or series of joined units shall conform to all minimum lot requirements, setback requirements, yard requirements, parking requirements, maximum coverage of lot requirements and maximum building height requirements for the zoning district in which it is situated.
         F.    Both the two-family manufactured home and the land on which it is situated shall be owned by the same individual or institution. In no case shall the land on which a two-family manufactured home is situated be owned, leased from or rented from another party than the owner of the two-family manufactured home.
         G.    Every dwelling unit in a two-family manufactured housing structure or complex shall have electrical wiring, plumbing and heating facilities that meet or exceed all relevant regulations and standards for site-built two-family housing of a similar size and height.
(Ord. 87-124. Passed 7-20-87.)
         H.    Two-family manufactured homes with more than two dwelling units shall comply with all regulations set forth in Section 1139.05 concerning site plan review and approval. A site plan review shall be required for all two-family manufactured housing complexes with more than two residential units.
            (Ord. 90-137. Passed 9-24-90.)
         I.    All two-family manufactured housing shall meet or exceed all relevant standards and regulations (whichever are strictest), for elevators, entrances, fire protection devices, fire doors and stairwells.
         J.    Two-family manufactured homes shall have shingled roofs with a constant pitch of at least three and one-half inches per running foot, and in no case shall they have a roof pitch that exceeds six inches per running foot. All roofing for two-family manufactured homes shall begin at a height of at least eight feet above the ground level. Two-family manufactured homes shall have roof eaves extending at least twelve inches from the exterior siding.
          K.    Two-family manufactured homes with more than two dwelling units shall have roofing that is in conformance with all relevant regulations and standards for similar site-built two-family housing.
          L.    A two-family manufactured home shall be properly attached to a permanent foundation constructed in accordance with all relevant standards and regulations for site-built two-family housing.
          M.    Two-family manufactured homes shall have exterior siding that is similar in appearance to the siding of site-built two-family homes. In no case shall the reflection from the exterior siding of a two-family manufactured home be greater than the reflection from siding coated with white, semigloss exterior enamel.
          N.    Prior to the installation, erection, assembly or joining of the dwelling units in a two-family manufactured home on a permanent foundation, the Village Zoning Inspector shall inspect both the building and the site to insure that all chassis, hitches, axles, wheels and other elements of mobility have been completely and permanently removed from the structure and the foundation.
         O.    A two-family manufactured home shall have at least two means of ingress and egress per dwelling unit. At least one means of ingress and egress in each dwelling unit in a two-family manufactured home shall be on another side of the dwelling unit from the other or others.
          P.    No two-family manufactured home shall be erected, assembled, or constructed whereby the main entrance of each dwelling unit does not face a public street, nor shall any two-family manufactured home dwelling unit be situated behind another dwelling unit so that its proximity to a public street is behind another dwelling unit.
          Q.    All dwelling units within a two-family manufactured home shall have individual kitchen, dining and restroom/bathing facilities.
(Ord. 87-124. Passed 7-20-87.)
      (6)   Small Wind Energy Conversion Systems (SWECS).
         (Ord. 10-105. Passed 4-15-10.)
   (d)    Minimum Distance Standards. All buildings erected in an R-3 District shall comply with the minimum distance standards established in Section 1153.10 .
      (Ord. 90-137. Passed 9-24-90.)
   (e)   Maximum Density. The maximum density for any development in an R-3 District shall not exceed four units per acre.
(Ord. 97-138. Passed 10-16-97.)
   (f)   Site Access and Private Drives. In any R-3 development, the following additional standards shall apply:
      (1)   Vehicular access shall be located and designed specifically to provide a safe entrance to and egress from the site, to permit access by fire protection and other emergency vehicles and normal service vehicles, and to prevent through traffic. Any street or private drive shall be located not less than 20 feet from any adjoining property line and such intersection shall be at 90 degrees as nearly as practicable.
      (2)   Private drives shall be paved to a width of not less than 24 feet for a distance of not less than 75 feet from the street property line.
      (3)   Private drives shall be located to provide adequate access to all units and parking areas, shall be located not less than 20 feet from any property line and shall be adequately screened and buffered from such adjoining property.
      (4)   Unless the Planning Commission, in its discretion determines otherwise, the nearest edge of pavement of private drives shall be located not less than 20 feet from any principal building, except for direct access into enclosed parking facilities or convenient "drop offs" at building entrances.
      (5)   Private drives shall be established by recorded private easements, declarations or covenants.
      (6)   The developer shall provide adequate access to all dwellings by delivery and service vehicles, trash, garbage and rubbish removal vehicles and emergency service vehicles.
 
   (g)   Council Action. No Planning Commission action regarding a development in an R-3 District shall become final unless first approved by Council. Within ten days of the date of action by the Planning Commission, the recommendation of the Commission, together with two copies of the final plan reviewed by the Commission, shall be filed with the Fiscal Officer for review by Council at its next scheduled meeting. The Council shall have 45 days to review and to consider whether the Planning Commission recommendation should be approved, conditionally approved or disapproved.
 
   (h)   Open Space Requirements.
      (1)   A minimum of twenty percent (20%) of the land in any R-3 development shall be permanently reserved as common open space. Of that required reserved open space, at least fifty percent (50%) shall be of suitable size and shape to be available and designed for recreational purposes.
      (2)   Prior to the approval of the site plan for an R-3 development, the minimum required open space shall be formally reserved through a legal and enforceable restriction prepared by the developer and approved by both the Village Solicitor and the Planning Commission.
         (Ord. 95-140. Passed 12-7-95.)

1153.035 SR SENIOR RESIDENTIAL DISTRICT.

   (a)   Uses Permitted. Subject to the restriction of paragraph (d) of this section, a building or lot in the SR District shall be used only for the following purposes:
      (1)   Single family cluster (attached or detached) senior independent living units.
      (2)   Multi-family senior residences including independent and/or assisted senior living units.
      (3)   Residential nursing homes, provided that such use includes independent and assisted dwelling units as permitted in this section.
   (b)   Accessory Uses Permitted. The following accessory uses are permitted only if they are ancillary uses to existing uses on the site and are necessary for the comfort, convenience and use of residents, employees and visitors in the permitted buildings, and only as approved as appropriate accessory uses by the Planning Commission:
      (1)   Medical care facilities exclusively for the residents of the development;
      (2)   Meeting and/or social rooms or areas;
      (3)   Dining facilities, restaurants and/or coffee shops for the use of the residents, staff and guests;
      (4)   Indoor and/or outdoor recreational facilities for the exclusive use of the residents, staff and guests;
      (5)   Beauty parlor and/or barber shop for the primary use of residents, staff and guests.
   (c)   Conditional Uses. The following uses shall be allowed only as conditional uses in accordance with the provisions of Chapter 1135 of the Codified Ordinances:
      (1)   Churches and other places of public worship.
      (2)   Customary home occupations, as more fully specified in Section 1153.01(c)(7)(d).
   (d)   Special Occupancy Restriction for SR District.
      (1)   Definition. As used in this section, “senior citizen” shall mean a person of at least 55 years of age, unless that person is a spouse under 55 years of age, and married to a person over that age.
      (2)   Restriction. For purposes of the SR District, each independent living unit shall be restricted to occupancy by at least one person 55 years of age or older, and the majority of residents of each unit occupied by more than one person shall be senior citizens. Prior to a zoning permit or occupancy permit being issued for any senior living units, the developer shall submit sufficient documentation to satisfy the Planning Commission and the Zoning Inspector that occupancy will be restricted to senior citizens as provided herein. Such documentation may include: tenant leases, operating leases or agreements, management agreements, lender agreement or conditions or similar documentation.
   (e)   Minimum Site Area. No Senior Residential development shall be authorized with a gross site area of less than two acres.
   (f)   Maximum Density. The maximum density for any development in the SR District shall not exceed four units per acre. The Planning Commission in its discretion, may provide that density restrictions are met if the developer suitably restricts the development of adjacent land in a manner which preserves green space, provided that the overall density of the development area combined with the restricted green space area does not exceed four units per acre.
(Ord. 08-108. Passed 5-2-08.)

1153.04 (GC) GENERAL COMMERCIAL DISTRICT

   (a)    Uses Permitted. A building or lot in the GC District shall be used only for the following purposes:
      (1)    Retail Stores.
Auto Sales
Auto Parts and/or Service
Agricultural Equipment/Supplies
Beverage/Liquor Stores
Books, Magazines, Stationery
Camera and Photographic Supplies
Clothing and Dry Goods
Drug Store
Department Store
Variety Store
Groceries and Related Sales
Florists
Gift Shop
Garden Supplies/Nursery
Hardware Sales
Home Furnishings/Appliances
Lumber and Building Materials
Jewelry: Sales and Repairs
Radio, T.V., Phonograph Sales/Service
Sporting Goods
Fruit Stores/Vegetable Markets
(Ord. 92-150. Passed 12-7-92.)
      (2)    Personal and Consumer Services.
Banks, Savings and Loans, and related financial institutions
Beauty Salon or Barber Shop
(Human) Clinic
Commercial School
Funeral Homes
Hotels/Motels
Nursing Homes
Medical Laboratory
Laundry and Dry Cleaning: Pick-up or Self-serve
Newspaper Office
Commercial Parking Lot
Printing Shop
Motion Picture Theatres; Bowling, Billiards, and Pool;
Swimming Pools; Skating Rinks
Restaurants/Taverns
Insurance Agents, Brokers, and Service
Pet Shops
Rea1 Estate Agents, Appraisers, Brokers and Managers
Professional Services (Health Care, Legal, Engineering/Architecture, Accounting)
Veterinary Clinics
Misc. Repair Services
Drive-in Commercial Uses
(Ord. 98-149. Passd 12-17-98; Ord. 09-103. Passed 3-19-09.)
      (3)    Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising, mailing services; building maintenance services; employment services; management or consulting services; protective services; equipment and rental and loaning; commercial research, development and testing; photo finishing, and personnel supply services.
      (4)    Professional and business offices and office buildings.
      (5)    Public Uses.
Public Park or Playground
Public Offices
Public Library or Museums
Public Parking Lot
      (6)    Similar Uses as determined by the Planning Commission and Village Council in accordance with Section 1153.07 of the Ordinance.
         (Ord. 92-150. Passed 12-7-92.)
 
   (b)    Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 of the Zoning Code:
      (1)    Blacksmith shops
      (2)    Adult entertainment businesses
      (3)    Amusement arcades
      (4)    Gasoline service stations
      (5)    Temporary buildings used to house permitted or conditional uses. Such buildings are not to be affixed to the ground permanently but are intended to be replaced by a permanent building housing a permitted or conditional use.
      (6)    Carnivals, as defined in Section 1131.05.
         (Ord. 92-150. Passed 12-7-92; Ord. 09-103. Passed 3-19-09.)
      (7)    Marine retail sales and service facilities, including such facilities which use outdoor displaying of boats and other items.
         (Ord. 96-111. Passed 4-18-96.)
       (8)    Indoor Archery Ranges.
(Ord. 96-179. Passed 1-2-97.)
      (9)    Nursery schools and day care schools.
(Ord. 97-116. Passed 6-5-97.)
      (10)   Small Wind Energy Conversion Systems (SWECS).
         (Ord. 10-105. Passed 4-15-10.)
      (11)   Computerized Internet Sweepstakes Café.
         (Ord. 11-107. Passed 5-12-11.)

1153.05 (CB) CENTRAL BUSINESS DISTRICT.

   (a)    Uses Permitted. A building or lot in the CB District shall be used only for the following purposes:
      (1)    Retail Stores. 
Auto Parts
Books, Magazines, Stationery
Camera and Photographic Supplies
Clothing and Dry Goods
Drug Store
Variety Store
Groceries and Related Sales
Gift Shop
Hardware Sales
Home Furnishings/Appliances
Jewelry: Sales and Repairs
Radio, T.V., Phonograph Sales/Service
Sporting Goods
Florists
Fruit Stores/Vegetable Markets
(Ord. 85-107. Passed 3-4-85.)
      (2)    Personal and Consumer Services.
Banks, Savings and Loans, and related financial institutions
Beauty Salon or Barber Shop
(Human) Clinic
Commercial School
Laundry and dry cleaning: Pick-up or Self-serve
Funeral Homes
Hotels/Motels
Medical Laboratory
Laundry: Pick-up or Self-serve
Newspaper Office
Commercial Parking Lot
Pet Shops
Printing Shop
Motion Picture Theatres; Bowling, Billiards, and Pool
Restaurants/Taverns
Insurance Agents, Brokers, and Service
Real Estate Agents, Appraisers, Brokers and Managers
Professional Services (Health Care, Legal, Engineering/
Architecture, Accounting)
Veterinary Clinics
Misc. Repair Services
(Ord. 98-149. Passed 12-17-98.)
      (3)   Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising; mailing service; building maintenance services; employment services; management or consulting services; protection services; commercial research; development and testing; photo finishing, and personal supply services.
       (4)    Professional Business Offices and Office Buildings
      (5)    Public Uses.
Public Parks or Playground
Public Offices
Public Library or Public Museum
Public Parking Lot
       (6)    Similar uses as determined by the Planning Commission and Village Council in accordance with Section 1153.07 of this Ordinance.
 
   (b)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 of this Ordinance.
      (1)    Residential Living Quarters developed as an integral part of the permitted use structure
      (2)    Nursing Home
      (3)    Gasoline Service Station
      (4)    Temporary Buildings as described in the (GC) General Commercial District
      (5)    Adult Entertainment Businesses
      (6)    Amusement Arcades

1153.055 (I-O) INDUSTRIAL OFFICE DISTRICT.

   (a)    Uses Permitted. A building or lot in the Industrial Office District shall be used only for industry associated offices and research and development laboratories.
 
   (b)    Accessory Buildings. No accessory buildings shall be permitted, except as permitted under subsection (c) hereof.
(Ord. 93-103. Passed 3-1-93.)
 
   (c)    Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of Chapter 1135 .
      (1)    One family detached dwelling.
      (2)    Two-family dwellings.
      (3)    Youth Recreation Centers.
      (4)    Similar uses as determined by the Planning Commission and Village Council in accordance with Section 1153.07.
      (5)    Indoor archery ranges. (Ord. 96-157. Passed 11-21-96.)
      (6)    Any use authorized as a permitted use in the Central Business District, as provided by Section 1153.05(a), provided that the Planning Commission affirmatively determines that said use meets all of the requirements of Section 1135.03 and that said use complies with all other provisions of Chapter 1135.
         (Ord. 13-150. Passed 1-9-14.)

1153.06 (I) INDUSTRIAL DISTRICT.

   (a)    Uses Permitted. A building or lot in the I-Industrial District shall be used only for the following purposes or uses, as defined in Standard Industrial Code Manual. (U.S. Department of Commerce; 1972.)
      (1)    Manufacturing.
(20--)    Food and Kindred Products
(21--)    Tobacco Manufacturing
(22--)    Textile Mill Products
(23--)    Apparel and other finished products made from fabrics and similar materials
(243-)    Millwork, Veneer, Plywood, and Structural Wood Members
(244-)    Wood Containers
(245-)    Wood Buildings and Mobile Homes
(25-- )    Furniture and Fixtures
(26-- )    Paper and Allied Products
(27--)    Printing, Publishing, and Allied Industries
(30--)    Rubber and Miscellaneous Plastics Products
(31--)    Leather and Leather Products
(32--)    Stone, Clay, Glass, and Concrete Products
(34--)    Fabricated Metal Products, Except Machinery and Transportation Equipment
(35--)    Machinery, Except Electrical
(36--)    Electrical and Electronic Machinery, Equipment and Supplies
(37--)    Transportation Equipment
(38--)    Measuring, Analyzing, and Controlling Instruments; Photographic, Medical, and Optical Goods; Watches and Clocks
(391-) Jewelry, Silverware, and Plated Ware
(393-)    Musical Instruments
(394-)    Toys and Amusements, Sporting and Athletic Goods
      (2)    Warehousing, Wholesaling, and Transportation Services.
(42--)    Motor Freight Transportation and Warehousing
(50--)    Wholesale Trade - Durable Goods
(51--)    Wholesale Trade - Nondurable Goods
      (3)    Service Industries.
(15--)    Building Construction - General Contractors and Operative Builders
(16--)    Construction other than Building Construction General Contractors
(17--)    Construction - Special Trade Contractors
(73--)    Business Services
      (4)   Medical Marijuana Cultivation and Processing Facilities. Medical Marijuana Cultivation and Processing Facilities, as licensed and regulated pursuant to Chapter 3796 of the Revised Code and the Regulations promulgated thereunder, provided that any such facility, at all times, is in full compliance with its Ohio licenses and permits and with all requirements of Chapter 3796 and all related regulations.
   (b)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of the Zoning Code:
      (1)   Gasoline Service Station.
      (2)   Uses determined by the Board of Zoning Appeals, pursuant to Chapter 1135, to be compatible with permitted uses in the Industrial Zoning District, but only if such uses meet the requirements regarding performance standards specified by Section 1159.07.
         (Ord. 96-118. Passed 5-16-96.)
      (3)   Small Wind Energy Conversion Systems (SWECS).
      (4)   Airport runways, airport terminals and airport related outbuildings.
         (Ord. 23-132. Passed 11-9-23.)

1153.07 DETERMINATION OF SIMILAR USES.

   (a)    The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.
 
   (b)    All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in the R1, R2, R3, CB, and GC districts shall be submitted to the Planning Commission and, after approval by it, confirmed by Council in compliance with the following standards:
       (1)    Such use is not listed in any other classification of permitted buildings or uses;
      (2)    Such use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;
      (3)    Such use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and,
      (4)    Such use does not create traffic to a greater extent that the other uses listed in the classification to which it is to be added.

1153.08 BUILDINGS PERMITTED ON LOT.

   (a)   (R-1 and R-1A) Single Family Residential District. There shall be no more than one single family dwelling, and one accessory building permitted on each lot in these districts. (Ord. 91-124. Passed 8-5-91.)
 
   (b)    (R-2) Two -Family Residential District. 
      (1)    There shall be no more than one single family dwelling, one accessory building, and one detached garage permitted on each lot in this district which is developed as single family.
      (2)    There shall be no more than one two family dwelling, two accessory buildings, and two detached garages permitted on each lot in this district which is developed as two family.
 
   (c)    (R-3) Multi-Family Residential District. Single and two family dwellings, accessory buildings, and detached garages shall be as regulated in the R-2 District. The number of multi-family buildings permitted on each lot is not regulated specifically but shall he governed by other pertinent regulations of this ordinance. There shall he no more than one accessory building permitted on each lot which is developed as multi-family. Detached garages shall be permitted as part of the required parking area to cover up to the number of parking spaces required for tenant parking.

1153.09 (R-PUD) PLANNED UNIT RESIDENTIAL DEVELOPMENT DISTRICT.

   (a)    Purpose.
      (1)    The R-PUD District is established to permit a variety of dwelling unit types and provide greater design flexibility and housing diversity within an area than would normally be developed through conventional zoning districts. To achieve the intent of this District, the regulations permit departure from strict application of standard provisions such as lot areas, yard requirements and building spacing to encourage a more wholly designed and unified development, a more flexible arrangement of buildings in relationship to open space and preservation and effective utilization of existing natural features.
      (2)    In return for more flexible design standards and development opportunities, the developer submits to a more detailed review of plans prior to issuance of a zoning certificate to assure appropriate development of the designated area and to assure compatibility with the surrounding land uses and environmental amenities.
       (3)    The gross development density is established to provide sufficient incentive to encourage unified development and preservation of natural features.
(Ord. 85-107. Passed 3-4-85.)
   (b)    Uses Permitted.
       (1)    Principal Uses.
          A.    Single-family and two-family dwellings.
          B.    Townhouses.
         C.   Multiple-family dwellings.
            1.   Multiple family dwellings are restricted to a 25% maximum of all dwelling units proposed for the PUD. The remaining 75% of the units may be in any combination of permitted uses as listed herein.
            2.   Where a proposed PUD contains multiple-family dwelling units, and where the total number of units in the proposed PUD does not exceed 50 units, the Planning Commission, in its discretion and for good cause shown, may modify the foregoing 25% restriction if the total number of dwelling units proposed for the PUD, including multiple- family dwelling units, does not exceed the total number of single-family dwelling units otherwise allowable for the PUD.
(Ord. 02-163. Passed 1-2-03.)
       (2)    Conditional Uses. The Planning Commission may approve an application for a conditional zoning certificate for any of the uses herein subject to the requirements of Chapter 1135 - Conditional Uses. (Ord. 08-118. Passed 9-4-08.)
          A.    Public and parochial schools.
           B.    Church and other buildings for the purpose of religious worship.
          C.    Quasi-public, institutionally or organizationally owned and/or operational recreational, instructional and meeting facilities such as those developed by the YMCA, YWCA, Boy Scouts or various fraternal and community groups.
          D.    Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
          E.    Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
          F.    Institutions for human medical care, hospitals, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged and philanthropic institutions.
         G.    Home occupations.
          H.    Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming, subject to Chapter 1161, Oil and Gas Well Regulations.
          I.    Community-based residential social service facilities (Category C and D).
(Ord. 85-107. Passed 3-4-85.)
          J.    Manufactured Housing - Two-family home which conforms to Section 1135.03(c)(5).
(Ord. 87-124. Passed 7-20-87.)
      (3)   Special Use Permits for Senior Residential Uses. The Planning Commission may approve an application for a Special Permit authorizing a Senior Residential Use if, in its discretion, the Planning Commission finds that all of the following requirements are met:
         A.    Occupancy Restriction. Occupancy of the structures for which the Special Use Permits for Senior Residential Use are granted shall be limited as follows:
            1.   Special Use Permits shall be issued only after being authorized by the Planning Commission for a specified Senior Residential Use District (the "Special Permit District") located within the R-PUD Zoning District, as defined by the Planning Commission.
            2.   Occupancy in the Special Permit district shall be limited to persons who are at least 55 years of age, except for a spouse under 55 years of age who is married to a resident over that age.
            3.   Where an independent living unit is occupied by more than one person, the majority of said residents shall be senior citizens.
            4.   Prior to an occupancy permit being issued for any unit, the owner of the unit shall submit sufficient documentation to satisfy the Zoning Inspector that occupancy will be restricted to senior citizens as required in this section of the Codified Ordinances.
         B.    Uses Permitted. The uses permitted within the Special Use District shall be limited to one or more of the following:
            1.   Single family senior independent living units.
            2.   Single family duplex or triplex senior independent living units.
            3.   Multi-person senior residences including independent and/or assisted senior living units.
         C.    Accessory Uses Permitted. The Planning Commission may approve the following accessory uses if they are ancillary to existing uses within the Special Use District:
            1.   Automobile garages;
            2.   "Clubhouse" facilities, including meeting and/or social rooms or areas; food pantries and coffee shops for the use of the residents, staff and guests.
         D.    Land Area Required for the Special Use Permit. The land area utilized for the Special Use District shall be a minimum of two (2.0) acres and a maximum of eight (8.0) acres.
         E.    Density. The maximum density of the residential units in the Special Use District shall be determined by the Planning Commission in its discretion as part of the Special Use Permit review and site plan review processes. In no event shall the maximum residential unit density in the Special Use District area exceed six (6) units per acre.
            (Ord. 21-114. Passed 7-13-23.)
(4)    Accessory Uses. 
A.    Accessory buildings incidental to principal uses including parking garages and storage buildings for maintenance equipment.
          B.    Community facilities in support of principal residential uses, in the Planned Unit Residential Development, and which are designed and operated primarily for the use and enjoyment of the residents of the development. The appropriateness of the proposed facilities as accessory uses shall be determined by the Planning and Zoning Commission, during review of a preliminary development plan. Accessory community facilities may include:
             1.    Open space areas.
2.    Indoor/outdoor recreational facilities including tennis courts, swimming pools, community buildings, including day care centers and game and party rooms.
3.    Rental office.
4.    Model homes.
C.    Walls, fences and similar landscape features.
D.    Signs as regulated by Chapter 1165 - Signs, of this Zoning Ordinance.
            (Ord. 85-107. Passed 3-4-85; Ord. 21-114. Passed 7-13-23.)
   (c)    Minimum Project Area Requirements and Maximum Density. The minimum lot area for a planned unit residential development shall be not less than twenty acres and the average number of dwelling units shall not exceed four units per acre. The minimum planned unit residential development lot area shall not apply to properties which, for the purposes of the development at issue, have been rezoned from R-3 to R-PUD.
(Ord. 95-140. Passed 12-7-95; Ord. 96-105. Passed 3-8-96.)
 
   (d)    Yard and Lot Regulations other than those developed pursuant to Section 1153.09 (e). No building and spacing standards are specifically required for either family, townhouses or apartment buildings. Site plan and appropriate building layouts shall be developed in accordance with the objectives of this chapter and according to Chapter 1157 , Off-Street Loading and Parking Requirements and Chapter 1159 , Additional Zoning Standards and shall be established during review of the final development plan.
 
   (e)    Open Space Requirements. 
       (1)    A minimum of twenty percent (20%) of the land in the Planned Unit Residential Development shall be permanently reserved as common open space. Of the required open space, a minimum of fifty percent (50%), (the equivalent of one acre per every ten acres of the proposed planned unit development) shall be of suitable size and shape to be available for and designed for active and passive recreational purposes.
       (2)    Prior to the approval of the final development plan for the Planned Unit Residential Development pursuant to Section 1153.09, Site Plan Review and Approval, (2) Final Development Plan, reservation of the minimum required open space shall be assured through legally enforceable restrictions prepared by the Village Solicitor and submitted to and approved by the Planning Commission.
   (f)   Building Height. Any building or structure for a permitted principal use, a conditional use or accessory use, may not exceed thirty-five (35) feet in height.
 
   (g)    General Site Development Criteria. In addition to the applicable planning criteria set forth in this Zoning Ordinance, the planning and design of planned unit residential development areas shall take into account the following factors:
      (1)    Topography and Natural Features. 
         A.    Site planning shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create variations in the arrangements of buildings, open spaces and site features. A program for preserving and quickly recreating an attractive landscape environment shall be part of any development.
         B.    All development and common open space shall be landscaped according to an overall plan, utilizing evergreen type whenever possible.
         C.    Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances. Natural wooded areas shall be preserved to the greatest extent possible.
      (2)    Grading. Except where unavoidable, grading for building site preparation, street, sidewalk and utilities construction shall be limited.
      (3)    Development layout. Dwelling units shall be grouped or clustered so as to break up the development arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul- de-sacs shall be laid out so as to utilize natural contours and discourage through and high traffic, except on collector or arterial streets. Utilities shall be placed underground. Street lighting shall be provided.
      (4)    The following regulations shall apply to all multi-family units within a residential planned unit development, including condominiums and townhouses.
         A.    No attached or semi-attached units considered as one building shall contain more than twelve units.
         B.    Each unit shall contain the following minimum floor area:
 
 Number of Bedrooms    Minimum Floor Area (Sq. Ft.)
Efficiency             400
One               550
Two                650
Three or more          720
      (5)   Circulation.
         A.    The vehicular circulation system and parking facilities should be designed to fully accommodate the automobile with safety and efficiency without permitting it to dominate and destroy the form of the area. Driveways for group developments and local streets should be placed at locations where the traffic can be controlled and operated effectively with the minimum interference to the capacity and flow on the existing streets.
         B.    The pedestrian circulation shall be designed through an interconnecting walkway system to promote easy and direct barrier free access to all areas of the development.
         C.    Whenever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent from one another.
         D.    Street and sidewalk alignments, and the alignments for any utilities shall be parallel to contours, in valleys or on ridges where possible, in common open areas and as permitted by the Planning Commission in areas served by private drives or cul-de- sac streets.
      (6)    Solid waste storage and disposal. All solid waste and rubbish and garbage shall be stored in wholly screened or fenced storage areas acceptable to and regulated by the Village.
 
   (h)    Site Plan Review and Approval.
       (1)    In addition to conforming to the standards of Chapter 1157, Off-Street Loading and Parking Requirements and Chapter 1159, Additional Zoning Standards, an application for a planned unit residential development shall be reviewed in conformance to the provisions of this section prior to the issuance of a zoning certificate. Nothing in this section shall be interpreted as nullifying or superseding the subdivision platting requirements as defined in Ohio R.C. 711.09 and as further defined, administered and regulated in the subdivision regulations of the Village of Middlefield.
      (2)    Planned unit development zoning districts and development plans shall be approved in accordance with the following procedures:
         A.    Pre-application meeting. The developer shall meet with the Zoning Inspector and the Planning Commission prior to the submission of the preliminary development plan. The purpose of the meeting is to discuss, early and informally, the purpose and effect of this ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, the Subdivision Regulations, and the drainage, sewer and water systems of the Village.
         B.    Preliminary Plan. A developer shall submit to the Planning Commission a preliminary development application for the total area of the tract to be developed by filing six (6) copies thereof with the Chairman at a regular meeting of the Commission. At a minimum, the application shall contain the following information.
            1.    Name, address and phone number of applicant.
            2.    Name, address and phone number of registered surveyor, registered engineer or planner assisting in the preparation of the preliminary development plan.
             3.    Description of existing use.
            4.    Adjacent Zoning District(s); north arrow; date; tract; lot or section number.
             5.    A vicinity map at a scale of at least 1” = 1000' showing the site and its interrelationship with the community. This map shall identify the name and location or distance in miles to the following facilities servicing the site:
                a.    Elementary and secondary schools
               b.    Fire station
                c.    Police station
                d.    Arterial and limited access highways
               e.    Recreational area(s)
               f.    Shopping area(s)
                g.    Industrial area(s)
                h.    Churches and public buildings
             6.    A preliminary development plan of the entire tract containing the following:
               a.    Name of development which shall not duplicate others in the County. Existing topography at two foot contour intervals of the proposed development area and extending at least 300 feet outside of the proposed site; existing and proposed property lines, easements, street right of way, with dimensions, bearings and all curve data including, radii, arcs, chords, chord bearings, delta and tangents; yard distances and building heights; existing structures; trees and landscaping features existing thereon; a certificate by a registered surveyor of the gross and net area of the development area in acres and square feet; prepared to a scale of 200 feet per inch.
                b.    The proposed vehicular and pedestrian traffic patterns, including the proposed location, dimensions and design of public and private streets; the directional flow, size and location of existing and proposed storm and sanitary sewers; the location and size of existing and proposed water mains; the location and design of parking and service areas, including the assignment of traffic to proposed entrances and exits; street lighting and waste disposal facilities.
                c.    The proposed location of all structures identified by type, use and density.
                d.    The proposed assignment of use, density, and subdivision of all land with sublot numbers, bearings and dimensions including public, private and common open space with a certificate of a registered surveyor of the gross and net area of each use of the development area in acres and square feet.
                e.    The location of all structures in the development area to be retained, all structures to be removed and all structures lying outside of the boundaries of the development area, located within at least 300 feet thereof, or more, depending on special or unusual conditions.
               f.    Preliminary plans of all structural types other than one-family detached dwellings to be included in the development area and such other information as the developer may submit to explain his purpose, appearance, materials and type of construction.
               g.    A schedule for construction and cost estimates for the development, including all public and private improvements in the development area.
               h.    Preliminary drawings showing the proposed landscape treatment, including the proposed grading plan and soils map based on data maintained by the Ohio Department of Natural Resources, Division of Lands and Soil and/or developed through test boring of the site and reports submitted by a soils engineer.
               i.    Deed restrictions, protective covenents and other legal statements or devices to be used to control the use, development and maintenance of the Land and the improvements thereon, including those areas which are to be commonly owned and maintained.
            7.    A population impact evaluation which shall be summarized in text, with an analysis relating to the development proposal(s) and shall include:
Projected total population.
Projected population of each development section.
Age group estimates (0-4, 5-13, 14-18, 19-35, 36-50, 51-65, and 65+).
Projected populations by dwelling unit type.
Family projections by age (head of household, wife of head, children under 18).
8.    A market report which shall contain an analysis indicating the project marketability of the development in regard to effective demand specifically relating to the site to the Village. Any public and/or subsidized housing shall be identified to include an explanation of the assistance program and the number of units affected.
            9.    A traffic impact evaluation which shall be summarized in text with an analysis relating to the development proposal:
               a.    The projected number of motor vehicular trips to enter or depart the site shall be estimated for an average day and peak hours; and
                b.    The projected traffic flow pattern shall be described and related to a road and parking map including vehicular movements at all major existing and proposed intersections; and
               c.    The impact of this traffic upon existing streets shall be evaluated in relation to road capacities using both current and redesign criteria; and
               d.    The report shall contain an analysis of the proposed improvements to all roads specifying right-of-way and driveway widths, and an explanation of typical road construction showing base and subbase. The clear sight triangle dimensions of all major intersections shall be specified.
            10.    A utilities impact evaluation which shows the probable impact from utility needs shall be determined and shall include:
               a.    Existing capacity of sewage treatment facilities; and
               b.    The estimated impact of water demands upon existing service facilities shall be evaluated with the estimated daily and peak hour volume demand; and
               c.    The report shall contain an analysis of provisions for gas, electricity, telephone, mail service and refuse storage and collection. Construction processes shall be specified to include common trenches where feasible.
            11.    A drainage impact evaluation which shows the probable impact resulting from the flow of storm water shall be determined, including:
               a.    The projected maximum volumes at the collection point from each drainage system shall be calculated on the basis of a twenty-five year storm; and
               b.    The estimated impact of storm water upon existing service facilities shall be evaluated in relation to existing storm water capacities; and
               c.    An evaluation of the flushing action of flows on any pipe to be utilized in the drainage system to assure the flushing of discharged materials; and
               d.    An evaluation of the quality of storm water to be discharged into any pipe through the storm drainage system detailing how this discharge shall not lower the quality of the water in the system; and
               e.    The report shall contain an analysis of all improvements including off-site conditions to facilitate the flow of storm water. Construction processes shall be specified for systems.
         C.    Referral of preliminary plan for review and reports. The preliminary Plan copies shall be submitted to the Zoning Inspector for recording and referral review. Within ten (10) days of the submission of the preliminary development plan of the total area, the Secretary of the Planning Commission shall transmit a copy of the plan along with all covenants or restrictions to the Village Solicitor. The Village Solicitor and Engineer shall each, within thirty days from receiving a preliminary plan of the development area, provide and furnish to the Planning Commission his report upon his respective jurisdiction.
         D.    Planning Commission Review. The Secretary of the Planning Commission shall cause the preliminary application to be placed on the agenda for the next Commission meeting following the thirty day engineer and solicitor review period. The Commission shall have a maximum of sixty days in which to review the application and to either approve the application, disapprove the application, or inform the applicant of modifications necessary to bring the application into conformance with all applicable requirements. If in a report approving a preliminary plan, with or without recommendation of modification and notwithstanding any other provisions of this section, the Planning Commission finds that any regulations, standards or criteria prescribed by this section or other ordinances or regulations of the Village are inappropriate or inapplicable because of unusual conditions, including topography of the development area or the imaginative character of the design proposed in the preliminary plans, and that a variance in such regulations, standards or criteria shall promote the public health, safety and general welfare of the Village, the Planning Commission may recommend that such variance be considered by the appropriate body having jurisdiction.
          E.    Council Action. Within ten days of the date of the action by the Planning Commission the recommendation of the Commission together with two copies of the preliminary plan as reviewed by the Commission shall be filed with the Fiscal Officer for review by Council at its next scheduled meeting. The Council shall have forty-five days to review and to consider whether the Planning Commission recommendations should be approved, conditionally approved, or disapproved.
          F.    Notice; Authorization to Proceed. Within five days after the action by Council, the Fiscal Officer shall notify the developer of such action by certified mail; and if approved, shall authorize him to proceed with the preparation of the final plan in accordance with the procedures and criteria set forth in this section and any special conditions under which the preliminary plan was approved. The Fiscal Officer shall at the same time transmit to the Chairman of the Planning Commission one copy of the preliminary plan along with a report of the action of the Council. If the Council does not approve the application, the preliminary plan is determined to be disapproved. The developer may then submit a modified preliminary plan through the procedure established by this Section.
         G.    Final plan of development area; filing dates. The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council shall submit a final plan of the development area to the Planning Commission within ninety days from the date on which Council approved the preliminary plan, unless such time period is, for good cause, extended by the Planning Commission. In no event shall the Planning Commission permit an extension of time for the submission of the final development plan beyond one year from the date on which the Council approved the preliminary plan. Failure on the part of the developer to submit the final development plan of the are within the time period allowed herein shall revoke and render the approval of the preliminary plan void and of no effect.
         H.    Submission of Final Plan. A developer shall submit to the Planning Commission a final development plan application of the tract to be developed by filing six (6) copies thereof with the Zoning Inspector. At a minimum, the application shall contain the following information:
            1.    Each application shall be signed by the owner attesting to the truth and exactness of all information supplied on the application for the final development plan.
            2.    Name, address and phone number of applicant.
            3.    Name, address and phone number of the registered surveyor, registered engineer or planner assisting in the preparation of the final development plan.
            4.    Description of existing use.
            5.    Zoning district(s), north arrow, date, tract, lot or section number.
            6.    A vicinity map at a scale of at least 1"= 1000' showing the site and its interrelationship with the community. This map shall identify the name and location or distance in miles to the following facilities servicing the site:
               1.    Elementary and secondary schools.
               2.    Fire station.
               3.    Police station.
               4.    Arterial and limited access highways.
               5.    Recreational area(s).
               6.    Shopping area(s)
               7.    Industrial area(s)
               8.    Churches and public buildings.
7.    A survey of the proposed development site, showing the dimensions and bearings of the property lines and right of ways, and easements to the nearest one hundredth of a foot with all curve data including radii, arcs, chords, chord bearings, tangents and deltas to the nearest second and area in acres, to the third decimal point.
             8.    All information required on the preliminary plan, the number, location, dimensions to the nearest one hundredth of a foot; and sizes of lots to the third decimal point; open spaces; location and proposed density of dwelling units; and nonresidential buildings intensity.
             9.    Site plan, showing building(s), various functional use areas, circulation, and their relationship.
             l0.    Landscaping plans and erosion and sedimentation control plans showing all site features and finished grading for public and private lands within the developed area.
             11.   Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
             12.    Financial capability in which the developer shall submit evidence of his present financial position to include existing or proposed credit sources for land acquisition construction and permanent financing. No plan shall be approved unless it can be shown that the developer possesses or has the ability to acquire sufficient funds for the development of the site.
             13.    Estimated project cost including estimates for all public and private improvements.
             14.    A title search of the area to be developed.
         I.    Action on final plan. Within thirty days after submission of the final plan of the development area to it, the Planning Commission shall make its recommendation to Council disapproving the plan or approving the plan, together with any recommended modifications or conditions which it determines should be made on or to said plan or on the development.
         J.    Required findings prior to recommending approval of development plan. Prior to the Planning Commission making a recommendation to Council approving the final plan of the development area, it shall find all of the following to exist:
            1.    That the proposed final plan of a development area is in substantial accordance with and represents a detailed expansion of the preliminary plan heretofore approved by Council.
            2.    That it complies with all of the conditions which may have been imposed in the approval and such preliminary plan.
             3.    That it is in accordance with the design criteria and provisions of this section which apply particularly to any plan of a planned unit development area.
            4.    That all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed.
             5.    That all sureties are provided and all payments made.
          K.    Action by Council upon Planning Commission Recommendation. The recommendation of the Planning Commission concerning the final plan of the development area shall together with two copies of the final plan, as reviewed by the Commission, be submitted to Council. The Council shall within thirty days approve, conditionally approve or disapprove the final development plan.
               Within five days after the action by Council, the Fiscal Officer shall notify the developer of such action by certified mail; and if approved, shall authorize him to proceed with the development area in accordance with the procedures and criteria set forth in this section and any special conditions under which this authorization to proceed was granted. The Fiscal Officer shall at the same time transmit to the Chairman of the Planning Commission one copy of the final development plan along with a report of the action of Council.
          L.    Progressive Development. The Planning Commission and/or Council may allow a developer to accomplish the development of the planned unit development district in progressive stages. When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
         M.    Amendments. At any time after approval of a preliminary development plan or a final development plan of a development area, the owner or owners may request an amendment of their plans, the request of such amendment shall be filed with the Planning Commission and one copy filed with the Fiscal Officer. If the amendment is in substantial agreement with the approval of the preliminary plan or final plan of a development area, it shall be processed by the Planning Commission. Should the amendment represent a departure from the intent of a prior approval, the amendment shall then be subject to the same procedure and conditions of approval as the original application.
           N.    Enforcement of Development Schedule. 
             1.    The Zoning Inspector shall periodically review all the permits issued for the planned unit development, examine all the construction that has taken place within the development area and compare actual development with the approved development area schedule. If the Zoning Inspector finds that the owner or developer of property in the planned unit development district has failed to meet the approved development schedule, or that the rate at which common open space is being constructed or reserved as provided, he shall forward this information to the Planning Commission. In such case, the developer shall be informed in writing of the Zoning Inspector's finding and, if the violation seems to be flagrant, continuous and potentially damaging, the developer shall be ordered to cease and desist until a review has been completed as set forth herein.
            2.    The Planning Commission shall within thirty days conduct a hearing giving fifteen days notice previously thereto, to the owner or developer for the purpose of determining whether or not the limits of the development schedule should be extended for a reasonable time. After making a determination as set forth herein, the Planning Commission shall forward such determination to Council.
            3.    Council may affirm, reverse or modify the determination of the Planning Commission and shall communicate its decision to the Planning Commission, and the owner or developer.
      O.   Failure to begin development. If no above-ground building construction has begun in the planned unit development district within the time stated in the development and construction schedule, the final development plan shall lapse upon written notice to the owner or developer from the Planning Commission and shall be of no further effect. For good cause shown, the Planning Commission may extend the time or times for the beginning of construction called for in the development or construction schedule, not to exceed one year from the dates set forth in such schedule. If a final development plan lapses under the provisions of this section, the plan becomes null and void and all permits shall be revoked.
 

1153.095 I-PUD PLANNED UNIT INDUSTRIAL DEVELOPMENT DISTRICT.

   (a)   Purpose. The I-PUD District permits a variety of industrial uses and provides greater flexibility within a given zoning district than would normally occur under standard industrial zoning. The regulations for this district permit departure from strict application of the requirements in the Industrial district to encourage a more flexible arrangement of buildings and open spaces in order to avoid the potential adverse impact of the industrial uses on nearby non-industrial uses.
 
   (b)   Plan Review. In return for more flexible design standards and development opportunities, the developer submits to a more detailed review of plans prior to the issuance of a zoning certificate, to assure appropriate development of the designated area and to assure compatibility with the surrounding land uses and environmental amenities.
 
   (c)   Uses Permitted. A building or lot in the I-PUD District shall be used only for the uses permitted in the Industrial District pursuant to Section 1153.06 (a).
 
   (d)   Conditional Uses. The following uses shall be allowed only as conditional uses, in accordance with the provisions of the Zoning Code:
      (1)   Uses that the Planning and Zoning Commission, as part of the site plan review, determines are compatible with uses that are permitted in the I- PUD District. If the Planning Commission determines that a proposed conditional use is compatible with other uses in the district, the applicant may then apply for a conditional use permit pursuant to the standards and procedures set forth in Chapter 1135.
 
   (e)   Maximum Density. The maximum aggregate density of primary structures in a I-PUD zoning district shall not exceed 0.5 structures per acre in the district.
 
   (f)   Site Plan Review and Approval. In addition to the requirements of Section 1140.06 regarding site plan review, the developer shall submit the following:
      (1)   A Preliminary Plan, in general conformance with the standards specified by Section 1153.09(h)(2)(B);
      (2)   A Traffic Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(9);
      (3)   A Utility Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(10); and
      (4)   A Drainage Impact Evaluation, in general conformance with the standards specified by in Section 1153.09(h)(11);
 
   (g)   Preliminary Plan Review. The Preliminary Plan and the various studies required by subsection (f), above, shall be reviewed by the Planning Commission in consultation with the Village Solicitor and the Village Engineer, in such manner as the Planning Commission deems fit and appropriate. If the Planning Commission approves the Preliminary Plan, it shall forward its recommendation to Council for further action.
 
   (h)   Council Action. Within sixty days of the date upon which the Planning Commission recommends approval of a Preliminary Plan, unless such time is extended by Council for good cause, Council shall consider whether the Planning Commission recommendation should be approved, conditionally approved, or disapproved. Within five days after the Council action, the Fiscal Officer shall notify the developer of such action.
 
   (i)   Final Plan of Development. Within 180 days of the date upon which Council approves the Preliminary Plan, unless such time period is extended by the Planning Commission for good cause, the developer shall submit a Final Development Plan. In no event shall the Planning Commission permit an extension of time for submission of the Final Development Plan beyond one year from the date upon which Council approves the Preliminary Plan. Failure on the part of the developer to submit the Final Development Plan within the time period allowed herein shall result in automatic revocation of said approval and render the approvals of the Preliminary Plan void and of no effect.
 
   (j)   Submission of Final Plan. The developer shall submit to the Planning Commission a Final Development Plan by filing six copies thereof with the Zoning Inspector. The Final Development Plan shall be in general conformance with the standards specified by Section 1153.09 (h)(H).
 
   (k)   Action on Final Plan. Within sixty days after the submission of the Final Development Plan, unless such time period is extended by the Planning Commission for good cause, the Planning Commission shall make its recommendation to Council, approving the Final Plan, conditionally approving the Final Plan, or disapproving the Final Plan.
 
   (l)   Required Findings. Prior to approving or conditionally approving the Final Development Plan, the Planning Commission shall affirmatively find that each of the five factors set forth in Section 1153.09 (h)(2)J., exists.
 
   (m)   Action by Council. The recommendation of the Planning Commission regarding the Final Development Plan shall be submitted to Council at its next regular meeting. Within sixty days thereafter, unless such time period is extended by Council for good cause, Council shall approve, conditionally approve or disapprove the Final Development Plan. The Fiscal Officer shall notify the developer of Council’s action on the Final Development Plan by certified mail.
 
   (n)   Amendments. At any time after approval of the Final Development Plan, the developer may request an amendment of said plan from the Planning Commission. If the amendment is in substantial conformity to the approved Final Development Plan, the Planning Commission may, in its discretion, approve the amendment. In the event the proposed amendments is not in substantial conformity with the approved Final Development Plan, said amendment must be approved both by the Planning Commission and by Council.
 
    (o)   Enforcement of Development Plan. The Zoning Inspector shall periodically review all zoning permits issued for the Industrial Planned Unit Development and all construction that takes place within the development area. If the Zoning Inspector finds that the construction is not in substantial conformity with the approved Final Development Plan, the Zoning Inspector is empowered to take any and all appropriate action, including revocation of the zoning permit.
(Ord. 97-112. Passed 5-15-97.)
 

1153.097 C-PUD PLANNED UNIT COMMERCIAL DEVELOPMENT DISTRICT.

   (a)   Purpose. The C-PUD District permits a limited variety of commercial uses and contemplates a negotiated, enforceable pre-approved development plan providing for a carefully planned and designed commercial district, with special attention given to structures, uses, traffic management and control and a coordinated development of the entire district and with an understanding that the properties benefitting from this zoning will participate in the costs of planning, designing and constructing the traffic and road improvements required by the development.
 
   (b)   Development Plan. Prior to rezoning to the C-PUD District, the developer must submit and the Planning Commission and Council must approve a development plan for the entire proposed C-PUD zoning district.
      (1)   The Development Plan shall detail structural types, planned uses, and traffic management.
      (2)   The Development Plan shall minimize the number of curb cuts on existing roads in order to reduce the adverse impact of the development on existing traffic conditions.
      (3)   The Development Plan shall take into account and shall attempt to minimize the adverse effects on adjacent areas in the Village of any additional traffic created by the development.
      (4)   The Development Plan shall consider and accommodate all anticipated pedestrian and horse-drawn traffic in a reasonable manner.
      (5)   The Development Plan shall minimize the number of lots in the development, in order to better coordinate the overall development of the area and any future amendments to the Development Plan.
      (6)   The Development Plan shall include a proposal for funding the costs of all traffic and road improvements required for the development.
      (7)   The Development Plan shall include proposed landscaping, plans for storm water management and all public utility requirements.
      (8)   The Development Plan shall establish general architectural designs and standards to be met throughout the proposed zoning district.
      (9)   Approval of the Development Plan by the Planning Commission and by Council is a mandatory prerequisite to obtaining a rezoning to the C- PUD zoning district.
 
   (c)   Uses Permitted. A building or lot in the C-PUD District shall be used only for the uses permitted in the Commercial District pursuant to Section 1153.04 (a).
 
   (d)   Conditional Uses. The Planning Commission may allow, as part of the Development Plan review process, any of the conditional uses identified in Section 1153.04 (b), provided that the Planning Commission first determines that the proposed conditional use is consistent with the development plan for the zoning district and is compatible with other uses in the district.
 
   (e)   Maximum Density. The maximum density of structures in a C-PUD zoning district shall not exceed the maximum number of structures which could be constructed if the district were zoned C-Commercial.
 
   (f)   Development Plan Review and Approval. In addition to the requirements of Section 1140.06 regarding site plan review, the developer shall submit the following:
      (1)   A Preliminary Development Plan, in general conformance with the standards specified by this Section and Section 1153.09(h)(2)B.;
      (2)   A Traffic Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(9);
      (3)   A Utility Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(10); and
      (4)   A Drainage Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(11).
 
   (g)   Preliminary Development Plan Approval. The Preliminary Development Plan and the various studies required by paragraph (f) above, shall be reviewed by the Planning Commission, in consultation with the Village Engineer and the Village Solicitor, in such manner as the Planning Commission deems fit and appropriate. If the Planning Commission approves the Preliminary Development Plan, it shall forward its recommendation to Council for further action.
 
   (h)   Council Action. Within 60 days of the date upon which the Planning Commission recommends approval of a Preliminary Development Plan, the Council shall consider whether the Planning Commission recommendation should be approved, conditionally approved, or disapproved. Within five days after the Council action, the Fiscal Officer shall notify the developer of such action.
 
   (i)   Rezoning to C-PUD District. If the Council approves the Preliminary Development Plan, the developer may then apply to rezone the area to the C-PUD District, as provided by Chapter 1137.
 
   (j)   Final Development Plan. If rezoning of the area is approved, within 90 days of the date the rezoning becomes effective, unless, for good cause shown, such time period is extended by the Planning Commission, the developer shall submit a Final Development Plan by filing six copies thereof within the Zoning Inspector. The Final Development Plan shall be in general conformance with the standards specified by Section 1153.09 (h)H. In no event shall the Planning Commission permit an extension of time for submission of the Final Development Plan beyond one year from the date upon which Council approves the rezoning of the development area.
 
   (k)   Action on Final Plan. Within 60 days after the submission of the Final Development Plan, the Planning Commission shall determine whether the Final Development Plan is substantially identical to the Preliminary Development Plan previously approved by Council.
      (1)   If the Final Development Plan is substantially identical to the previously- approved Preliminary Development Plan, then the Planning Commission shall approve the Final Development Plan. Within five days after the such action, the Fiscal Officer shall notify the developer of said approval.
      (2)   If the Final Development Plan is not substantially identical to the previously-approved Preliminary Development Plan, then the Planning Commission shall consider the changes to the Preliminary Development Plan and shall recommend that Council approve the Final Development Plan, conditionally approve the Final Development Plan, or disapprove the Final Development Plan.
 
   (l)   Action by Council. The recommendation of the Planning Commission regarding any Final Development Plan that is not substantially identical to the approved Preliminary Development Plan shall be submitted to Council at its next regular meeting. Within thirty days thereafter, unless such time period is extended by Council for good cause, Council shall approve, conditionally approve or disapprove the Final Development Plan. Within five days after the Council action, the Fiscal Officer shall notify the developer of such action.
 
   (m)   Amendments to Development Plan. At any time after approval of the Final Development Plan, the developer may request an amendment of said plan from the Planning Commission. If the amendment is in substantial conformity to the approved Final Development Plan, the Planning Commission may, in its discretion, approve the amendment. In the event the Planning Commission determines that the proposed amendment represents a substantial departure from the intent of the previously approved Development Plan, the applicant shall submit a new application and follow the same procedure as required for the original approval.
 
   (n)   Commencement of Development. The developer shall commence development of the Final Development Plan within one year of Council’s approval thereof. Council may, in its discretion and for good cause shown, extend the deadlines provided by this section.
 
   (o)   Failure to Proceed with Development. Failure by the developer to submit the Final Development Plan or to commence development within the time periods allowed herein shall result in automatic revocation of Council’s approval of the Preliminary Development Plan and, if applicable, the Final Development Plan void and of no effect, and no development shall occur thereafter unless and until a new application is submitted and the procedures required by this Section are thereafter followed. In the event that the Development Plan(s) are voided as provided herein, the Planning Commission shall evaluate the propriety of allowing the development area to remain zoned in the C-PUD zoning district.
 
   (p)   Enforcement of Development Plan. The Zoning Inspector shall periodically review all zoning permits issued for the Commercial Planned Unit Development and all construction that takes place within the development area. If the Zoning Inspector finds that the construction is not in substantial conformity with the approved Final Development Plan, the Zoning Inspector is empowered to take any and all appropriate action, including revocation of the zoning permit.
(Ord. 01-139. Passed 11-15-01.)
 

1153.10 MINIMUM DISTANCES BETWEEN BUILDINGS IN R-3 AND R-PUD DISTRICTS.

   In the R-3 Multi-Family Residential District and the R-PUD Planned Unit Residential Development District, buildings may be arranged in groups and connected at corners to form open yards and courts. The minimum front yard shall be in accordance with the set back established in this Zoning Code; where, due to the configuration of the buildings, it is unclear which "yard" should be deemed to be the "front yard" for purposes of determining set back, said determination shall be made by the Planning Commission as part of the site plan review process.
   (a)   Minimum Distances Established. The yards between buildings shall be not less than the distances set forth in the following schedule:
 
Between a main wall facing another main wall if overlap is less than 40 feet
45 feet plus 5 feet for each story of highest building
 
 
Between a main wall facing another main wall if overlap is 40 feet or greater
55 feet plus 5 feet for each story of highest building
 
 
Between a main wall facing a secondary wall if overlap is less than 40 feet
35 feet plus 5 feet for each story of highest building.
 
 
Between a main wall facing a secondary wall if overlap is 40 feet or greater
45 feet plus 5 feet for each story of highest building.
 
 
Between a secondary wall facing another secondary wall if overlap is less than 40 feet, or between corners of buildings
20 feet plus 5 feet for each story of highest building
 
 
Between a secondary wall facing another secondary wall if overlap is 40 feet or greater
30 feet plus 5 feet for each story of highest building.
       (Ord. 94-128. Passed 8-8-94.)
 
    (b)    Maximum Building Length.
 
      (1)    The maximum building length shall be 150 feet. However, a building may exceed this maximum length if it is offset a minimum of 10 feet. In no case shall the length of a building exceed 250 feet without changing direction.
      (2)    The Planning Commission may, in its discretion, permit a developer to exceed the maximum lengths established in this section, if the Planning Commission, in its discretion, determines that the excessive-length building requested will be more aesthetically pleasing than buildings constructed in conformance with this section, and if extending the building length will not increase the overall density of the development project.
         (Ord. 94-136. Passed 11-7-94.)
 
   (c)    Nothing in this section shall be construed as altering or limiting the minimum requirements and obligations set forth in the Ohio Basic Building Code or in Ohio R.C. Chapter 5311.01.
(Ord. 94-128. Passed 8-8-94.)
 

1153.11 PROHIBITED USES.

   Uses of any land or building in the Village for any of the following purposes is specifically prohibited:
   (a)    Manufacturing or industrial operation of any kind other than as permitted in the Industrial, the Industrial-Office and the Planned Unit Industrial Development District;
   (b)    Veterinary hospital other than for small animals;
   (c)    Incineration of garbage, refuse, rubbish or dead animals brought into the Village from outside the Village;
   (d)    Dumping or burying garbage or refuse other than by the Village or with specific permission from the Village;
   (e)    Oil refineries;
   (f)    Storing or manufacturing of explosives or fireworks;
   (g)    Manufacturing of chlorine or hydrochloric, nitric or picric acid;
   (h)    Smelting, melting or reduction of any metals or ores;
   (i)    Storage of volatile oils or gasoline in excess of 25,000 gallons, except where specially permitted by Council;
   (j)    Penal or correctional institution;
   (k)    Crematories;
   (1)    Amusement parks except when specifically permitted by Council;
   (m)    Trailer camp or park;
   (n)    Erection of any structure in any zoning district other than residential zoning district, where the structure is not permanent in nature and permanently affixed to the land, except where specifically permitted by ordinance or specifically authorized by Council;
   (o)   Adult use cannabis dispensaries;
(p)    Any other use which, in the determination of Council, is injurious, obnoxious, offensive, inimical to health or a nuisance.
      (Ord. 24-157. Passed 12-12-24.)
 
 
 

1155.01 SCHEDULE OF DISTRICT DIMENSION AND AREA REQUIREMENTS.

   The minimum yard dimensions, minimum lot area by district and per unit, minimum floor area per unit, maximum height of buildings or structures, maximum percentage of lot coverage by buildings or structures, and modification of these requirements, (except as provided in Section 1153.035 (SR) Senior Residential District, Section 1153.09, (R-PUD) Planned Unit Residential Development District, Section 1153.095, (I-PUD) Planned Unit Industrial Development District, Section 1153.097, C-PUD Planned Unit Commercial Development District and Section 1153.10, Minimum Distances Between Buildings), are set forth in the following table, entitled "Schedule of Dimension and Area Requirements by District and notes (a) through (j) which follow thereafter.
(Ord. 08-108. Passed 5-2-08.) 
SCHEDULE OF DIMENSION AND AREA REQUIREMENT BY DISTRICT
REQUIREMENTS
DISTRICT
R-1
R-1A
R-2
R-3
GC
CB
I-O
I
FRONT YARDS DEPTH (FEET)
Lots occupied by dwellings
50
40
40
40
--
--
--
--
Other principal permitted uses
60
60
60
60
60
15
60(e)
60
SUM OF SIDE YARD WIDTH (FEET)
Lots occupied by:
Single-Family Dwellings (d)
30(d)
20(d)
25(d)
20(d)
--
--
--
--
Two-Family Dwellings(d)
--
--
25(d)
20(d)
--
--
--
--
Multi-Family Dwellings(d)
--
--
--
30(d)
--
--
--
--
Other principal permitted uses
30
20
40
40
40(a)
none(a)
40(a)
50(a)
WIDTH OF SMALLEST SIDE YARD (FEET)
Single-Family Dwellings(d)
10(d)
10(d)
8(d)
8(d)
--
--
--
--
Two-Family Dwellings(d)
--
--
8(d)
8(d)
--
--
--
--
Multi-Family Dwellings(d)
--
--
10(d)
--
--
--
--
--
Other principal permitted uses
10
10
15
15
15(a)
none(a)
20(a)
20(a)
REAR YARDS -
DEPTH (FEET)
50
30
30
30 2
0(b)
none(b)
none(b)
20(b)
R-1
R-1A
R-2
R-3
GC
CB
I-O
I
MINIMUM LOT
WIDTH (FEET)
Single-Family Dwellings
100
70
70
70
--
--
--
--
Two-Family Dwellings
--
--
85
85
--
--
--
--
Multi-Family Dwellings
--
--
--
100
--
--
--
--
Other principal permitted uses
100
85
85
100
150
none(c)
200
200
MINIMUM LOT
FRONTAGE (FEET)
(ON PUBLIC STREET)
Single-Family Dwellings
60
45
40
40
--
--
--
--
Two-Family Dwellings
--
--
50
50
--
--
--
--
Multi-Family Dwellings
--
--
--
60
--
--
--
--
Other principal permitted uses
60
60
50
60
90
none(c)
200
--
MINIMUM LOT
AREA (SQ. FT.)
Single-Family Dwellings
20,000
9,800
9,800
9,800
--
--
--
--
Two-Family Dwellings
--
--
17,000
11,900
--
--
--
--
Multi-Family Dwelling
--
--
--
14,900
--
--
--
--
Other principal permitted uses
20,000
14,450
14,450
9,800
none(c)
none(c)
65,000
2.0 acre
MINIMUM LOT
AREA PER UNIT
(SQ. FT.)
Single-Family Dwellings
20,000
9,800
9,800
9,800
--
--
--
--
Two-Family Dwellings
--
--
8,500
5,950
--
--
--
--
Multi-Family Dwellings
Efficiency apartment
--
--
--
1,007
--
--
--
--
One-bedroom apartment
--
--
--
1,509
--
--
--
--
Two-bedroom apartment
--
--
--
1,886
--
--
--
--
Three or more bedroom apartment
--
--
--
2,263
--
--
--
--
R- 1
R-1A
R-2
R-3
G
CB
I-O
I
MINIMUM GROUND
FLOOR AREA PER
UNIT (SQ. FT.)
Single-Family Dwelling
One-story with basement
1,200
1,000
1,000
1,000
--
--
--
--
One-story without basement
1,350
1,150
1,100
1,100
--
--
--
--
1-1/2 story with basement
1,100
800(h)
1,000
1,000
--
--
--
--
1-1/2 story without basement
1,200
950(i)
1,100
1,100
--
--
--
--
Two story with basement
900
600(h)
850
850
--
--
--
--
Two story without basement
900
750(i)
850
850
--
--
--
--
Split level
1,600
1,000(j)
1,400
1,400
--
--
--
--
 Two-Family Dwelling
One-story with basement
--
--
800
800
--
--
--
--
One-story without basement
--
--
1,000
1,000
--
--
--
--
More than one story with basement
--
--
1,000
1,000
--
--
--
--
More than one story without basement
--
--
1,200
1,200
--
--
--
--
Multiple Family Dwellings
Efficiency
--
--
--
600
--
--
--
--
One-bedroom
--
--
--
800
--
--
--
--
Two-bedroom (g)
--
--
--
900(g)
--
--
--
--
Three or more bedroom (g)
--
--
--
1100(g)
--
--
--
--
MAXIMUM HEIGHT
OF STRUCTURES
If feet
35
35
35
35
45
45
35
45
In stories
2.5
2.5
2.5
2.5
3.5
3.5
2.5
3.5
MAXIMUM COVERAGE
OF LOT BY
STRUCTURE (%)
25
25
25
25(k)
40
none(c)
none(f)
40
Notes:    (a)    If the GC, CB, I-O or I District abuts onto a residential district, the required minimum side yard adjacent to the R District shall be fifty feet in a GC, CB or I-O District, and 100 feet in an I District.
   (b)    If the GC, CB, I-O or I District abuts onto a residential district, the required minimum rear yard depth shall be fifty feet in a GC, CB or I-O District and 100 feet in an I District.
   (c)    No minimum lot required other than that required for the building or use, and its associated parking/loading spaces, yards, screening and/or green areas as required by the Zoning Code.
   (d)    See Section 1161.06(d) for restrictions regarding construction in the vicinity of gas/oil wells.
   (e)    This dimension shall be green area only.
    (f)    Construction allowed on balance after requirements for parking, green area and side yards are met.
   (g)    In the event that a two-bedroom or three-bedroom unit is on more than one floor, the total area of the unit shall be not less than the specified "minimum ground floor area" and the unit's first floor area shall have a minimum area of at least forty percent (40%) of the unit's total area.
   (h)    The combined floor area of the first floor and the second floor shall be a minimum of 1200 square feet.
   (i)    The combined floor area of the first floor and the second floor shall be a minimum of 1350 square feet.
   (j)    The combined floor area of the first floor and the second floor shall be a minimum of 1400 square feet.
(Ord. 91-134. Passed 9-16-91; Ord. 94-135. Passed 11-7-94; Ord. 95-140. Passed 12-7-95.)
 

1155.015 DIMENSIONS AND AREA REQUIREMENTS: SPECIFIED DISTRICTS.

   The minimum yard dimensions, minimum lot area, minimum floor area per unit, maximum height of buildings or structures, and the maximum percentage of lot coverage by buildings or structures in the SR Senior Residential District, the R-PUD Planned Unit Residential Development District, the I-PUD Planned Unit Industrial Development District and the C-PUD Planned Unit Commercial Development District shall be determined by the Planning Commission as part of the site plan review process conducted pursuant to Section 1140.06 of the Codified Ordinances.
(Ord. 08-108. Passed 5-2-08.)

1155.02 FRONT YARDS.

   (a)    The front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts provided there is a minimum right-of-way of sixty (60) feet. In the case where the right-of-way is less than (60) feet, the front yard depth shall be measured from a point thirty (30) feet from the centerline of the street.
 
   (b)    In any R-District where a block has fifty (50) percent of the lot frontage on one side of the street improved with buildings, and the average depth of the front yards of said existing buildings along the entire block front, excluding corner lots, is less than the front yard depth prescribed elsewhere in this Ordinance, the required depth of the front yards shall be modified, provided, however, there are two (2) or more front yards of existing buildings involved. In such cases, the required front yard in question shall be the average depth of existing front yards provided, further, that said front yard shall be at least twenty (20) feet.
 
   (c)    Lots having frontage on more than one street shall provide the required front yard along the major traveled street and meet two-thirds of the setback requirement on the other street.
 
   (d)    A wall or fence not over four (4) feet high may be erected in any front yard. If the wall is a retaining wall, the height shall be measured on the highest (fill) side. No fence, trees, or foliage shall be maintained on a lot that will materially obstruct the view of a driver of a vehicle as provided in Section 1155.08.
(Ord. 86-134. Passed 3-2-87.)
 
   (e)    An open, uncovered porch or paved terrace patio or other similar outdoor living area which is an integral part of the dwelling, may project into a required front yard for a distance of not more than ten (10) feet, but this shall not be interpreted to include or permit fixed canopies.
(Ord. 99-123. Passed 8-5-99.)
 
   (f)    Filling station pumps and pump islands may be located within a required yard, provided they are not less than twenty (20) feet from any street line and not less than fifty (50) feet from the boundary of any residential district.
 
   (g)    Off-street parking or loading facilities may be located within the required front yard of any GC, CB or I District, but shall not be nearer than fifty (50) feet to any district where residences are permitted. No off-street parking shall be permitted in the required front yard of any "R" District.
(Ord. 85-107. Passed 3-4-85.)
 
   (h)    Off-street parking may not be located within the required side or front yard in any Industrial Office District. However, the Planning and Zoning Commission may grant a variance from this provision, as long as the sixty feet of green area set back from the road right of way is adhered to, and appropriate mounds, hedges or other landscaping is provided so as to shield any cars from the view of the adjacent residential development, and it is found that front parking provides the best site plan with the least impact on the adjacent residential areas.
   Only one driveway per development shall be permitted and it shall be used for both ingress and egress. (See Section 1157.03(g).) The Planning and Zoning Commission may also require the applicants of adjacent I-O District developments to share a common driveway at an abutting boundary, and may also require an applicant to make provision for the dedication of land or easements for a marginal road or common driveway and curb cuts, and if this is required, appropriate joint easements containing provisions for maintenance shall be submitted together with the site plan. (Ord. 86-134. Passed 3-2-87.)

1155.03 SIDE YARDS.

   (a)    The side yard width shall be measured from the nearest side lot line and, in the case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street provided there is a minimum right-of-way of sixty (60) feet. In the case where the right- of-way is less than sixty (60) feet, the side yard width shall be measured from a point thirty (30) feet from the centerline of the street.
 
   (b)    No accessory building shall project into a required side yard abutting on a street or be closer than eight (8) feet to any side lot line of an interior lot.
 
   (c)    A wall or fence not over four (4) feet high may be erected in any side yard. If the wall is a retaining wall, the height shall be measured on the highest (fill) side. No fence, trees, or foliage shall be maintained on a lot that will materially obstruct the view of a driver of a vehicle as provided in Section 1155.08.
 
   (d)    Cornices, canopies, eaves, pilasters, sills, or other architectural features may project into any yard or court a distance not exceeding three (3) feet.
 
   (e)    For the purpose of the side yard regulations, a two-family or multi-family dwelling shall be considered as one building occupying one lot.
 
   (f)    An owner of a dwelling erected prior to the effective date of this Zoning Ordinance (April 3, 1985) shall be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes. However, no side yard shall be reduced to less than eight (8) feet.
(Ord. 91-114. Passed 5-6-91.)
 
   (g)    An open, uncovered porch, paved terrace, patio, or other similar outdoor living area which is an integral part of the dwelling may project into the required side yard provided said side yard is not reduced to less than eight (8) feet as a result of the projection.
(Ord. 99-123. Passed 8-5-99.)
 
   (h)    In all zoning districts, where a driveway is placed near a property line, in addition to the other requirements of this section there shall be a minimum side yard of four feet between the property line and the nearest edge of the driveway.
(Ord. 95-111. Passed 4-3-95.)

1155.04 REAR YARDS.

   (a)    Where a lot abuts upon any street, service street, or alley, the rear yard shall be measured from the right-of-way line of the existing street, service street, or alley.
(Ord. 85-107. Passed 3-4-85.)
 
   (b)    An accessory building, not exceeding fifteen (15) feet in height, may occupy not more than thirty (30) percent of the area of a required rear yard and unenclosed parking spaces may occupy not more than sixty (60) percent of the area of a required rear yard. No accessory building shall be closer than ten (10) feet to an existing main building be erected or located closer than four (4) feet to any rear lot line.
(Ord. 96-158. Passed 11-21-96.)
 
   (c)    Cornices, canopies, eaves, pilasters, sills, or other architectural features may project into any rear yard a distance not exceeding three (3) feet.
 
   (d)    Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into a rear yard may project into any rear yard for a distance not to exceed five (5) feet when these are so placed as not to obstruct light and ventilation.
 
   (e)    A wall or fence not over four (4) feet high may be erected in any rear yard. If the wall is a retaining wall, the height shall be measured on the highest (fill) side. (No fence, trees, or foliage shall be maintained so as to obstruct the view of a driver of a vehicle as provided in Section 1155.08.)
(Ord. 86-134. Passed 3-2-87.)
 
   (f)    An open uncovered porch, paved terrace, patio, or other similar outdoor living area which is an integral part of the dwelling may project into the required rear yard provided rear yard is not reduced to less than 20 feet as a result of the projection.
(Ord. 99-123. Passed 8-5-99.)

1155.05 HEIGHT REGULATIONS.

   The regulation of maximum structure height prescribed in the schedule accompanying Section 1155.01 shall also apply to church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery loft, cooling towers, ornamental towers and spires, chimneys, silos, elevator bulkheads, smokestacks, conveyors, flagpoles and similar structures. Heights beyond the permitted maximums will be considered on a case by case variance basis by the Planning Commission subject to the following: (Ord. 13-150. Passed 1-9-14.)
   (a)    The structure must comply with the height restrictions imposed by the Geauga County Airport Zoning Regulations.
   (b)    The yard area of the structure must have a minimum radius equal to the height of the structure.
   (c)    The structure must be located in a position on the site that would allow it to fall in any direction entirely within the bounds of the site.

1155.06 EXISTING LOTS OF RECORD.

   In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this Ordinance (April 3, 1985) even though such lot does not comply with the lot area and width requirements of the district; provided said lot has a minimum of forty (40) feet frontage on a public street.

1155.07 SETBACK FROM PUBLICLY ESTABLISHED DRAINAGE DITCHES.

   In all districts, a set back of forty (40) feet from the centerline of a publicly established open drainage ditch shall be provided for all buildings or structures erected along such ditch.

1155.08 FENCES AND HEDGES.

   (a)   Fences may be constructed and located as hereinafter described, subject to obtaining a Zoning Permit for same, and shall be maintained in good condition at all times.
      (1)   Each applicant for such Zoning Permit shall file an application for a Zoning Permit and it shall be accompanied by a detail drawing or drawings and other such descriptive matter as shall clearly state where the fence shall be constructed or erected and what type of fence will be constructed or erected.
   (b)   General Regulations.
      (1)   Fences or hedges at intersections shall in no case exceed in elevation a plane determined by two intersecting lines three feet above the centerline of the roadway and extending twenty feet along the intersecting right-of- way lines from their intersection.
      (2)   Fences, walls or hedges permitted by this section may be located on the property line between abutting properties, if the abutting property owners agree on its location. If such fence, wall or hedge is needed by one owner, but the abutting property owner disagrees with its location, it may be constructed, but shall be located at least three feet within the property line in order that it may be maintained in good condition at all times. The space between such wall, fence or hedge and the lot line of the adjoining premises shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
      (3)   Nothing in this section shall conflict or alter special requirements for uses such as swimming pools where special provisions are established for fences.
      (4)   Chain link fences shall not be permitted within a front setback in any zoning district.
      (5)   Fences shall be maintained in good condition without any advertising thereon, and shall be constructed so as not to obstruct visibility or cause an unsafe condition for motor vehicles, cyclists or pedestrians along any adjacent road right(s)-of-way.
      (6)   No fencing or hedge shall be placed in the road right of way.
      (7)   On all side, front or rear yard fences of the supporting rails and posts, the rough and unfinished sides of the fence shall face the interior of the property of the owner(s) of the fence.
   (c)   Residential Regulations.
      (1)   Fences and hedges in front setbacks shall not exceed four (4) feet in height.
      (2)   Fences and hedges in side and rear setbacks not abutting streets shall not exceed six (6) feet in height. When the side or rear setback abuts a street the fence or hedge shall not exceed four (4) feet in height.
      (3)   No fence in any residential district shall be constructed, in whole or in part, of barbed wire, concertina wire, guard rail or be electrified.
   (d)   Commercial/Industrial Regulations.
      (1)   Fences and hedges in front setbacks shall not exceed four (4) feet in height.
      (2)   Fences and hedges in side and rear setbacks not abutting streets shall not exceed ten (10) feet in height. When the side or rear setback abuts a street the fence or hedge shall not exceed four (4) feet in height.
      (3)   Barbed wire may be used only to top standard security fences in commercial and industrial districts at a height of eight (8) feet or greater.
         (Ord. 09-106. Passed 3-19-09.)

1155.09 USE REGULATIONS.

   Nothing in this chapter shall be deemed to amend or supersede the requirements of Sections 1153.09 or 1153.10 of the Codified Ordinances, and, where any conflict exists, the requirements of those sections shall be deemed to supersede any of the requirements set forth in this chapter.
(Ord. 91-124. Passed 8-5-91.)

1157.01 OFF-STREET LOADING REQUIREMENTS.

   (a)    In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand (10,000) square feet or less, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, hotel, hospital, mortuary, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one (1) off-street loading space plus one (1) additional such loading space for each additional ten thousand (10,000) square feet, or major fraction thereof, of gross floor area.
 
   (b)    Each loading space shall be not less than ten (10) feet in width, forty (40) feet in length and fourteen (14) feet in height.
 
   (c)    Subject to the limitations in Section 1155.02, such space may occupy all or any part of any required yard space.

1157.02 OFF-STREET PARKING SPACE REQUIREMENTS.

   In all districts, in connection with every use, there shall be provided at any time any building, structure or use is erected, developed or is enlarges or increased in capacity, off-street parking spaces for motor vehicles in accordance with the following requirements:
   (a)    Each off-street parking space shall have a width of ten (10) feet and a length of twenty (20) feet exclusive of access drives or aisles and shall be of usable shape and condition. Parking spaces for trucks, tractors and trailers of greater than two ton capacity shall be made adequate for the specific purpose.
   (b)    There shall be adequate provision for ingress and egress to all parking spaces, however, such ingress and egress points shall be located so as to minimize traffic congestion and avoid undue interference with the pedestrian access at street intersections.
      (1)    There shall not be more than two vehicular accessways to a single use from any street.
      (2)    In the case of an on-residential corner lot, which has frontage on both streets, only one access point shall be permitted from each street, but in no case shall accessways be closer than sixty (60) feet to the intersection of the right-of-way lines of the two streets.
      (3)    For residential uses, driveways shall not be less than ten feet (10') nor more than twenty feet (20') in width provided. however. that for front-facing garage structures. the width of the driveway may be increased to be proportional to the number of garage bays, so that the driveway runs contiguous to the width of the garage structure to a maximum width of thirty feet (30") by twenty four feet (24") in depth. The Planning Commission, for good cause shown, may approve a greater or lesser width.
      (4)    For commercial and industrial uses. driveways shall be not less than twelve (12) feet nor more than thirty-six feet (36") in width unless the Planning Commission, for good cause, approves a greater or lesser width.
      (5)    For all uses. the curb cut width at the street for each such use shall be specified by the Village Engineer.
         (Ord. 25-116. Passed 6-12-25.)

1157.03 DISTANCE OF REQUIRED PARKING SPACE TO SERVED USE.

   Off-street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be measured from the nearest point of the parking facility to the nearest point of the building or use such facility is required to serve.
   (a)    For one and two-family dwellings on the same lot with the building they are required to serve.
   (b)    For multi-unit dwellings, not more than one hundred fifty (150) feet from the building they are required to serve.
   (c)    For uses located in and permitted in a GC District, not more than 300 feet from the building they are required to serve.
   (d)    For uses located in and permitted in the CB District in buildings existing at the time of adoption of this Ordinance March 4, 1985, no additional parking is required.
   (e)    For uses located in and permitted in the CB District in newly constructed buildings or expansion of existing buildings, not more than five hundred (500) feet from the building they are required to serve.
      (Ord. 86-134. Passed 3-2-87.)
   (f)    For uses located and permitted in the I and I-PUD zoning districts, not more than 800 feet from the building they are required to serve. Said parking facilities must be located within the I or I-PUD District.
(Ord. 97-112. Passed 5-15-97.)
   (g)    In an effort to minimize the traffic impact to streets within the Village, parking lots in the Industrial and Industrial Office Districts shall not be joined. Physical barriers shall be required to prohibit vehicular traffic between such district's and shall be included in the site plan submitted to the Planning and Zoning Commission for its approval.
      (Ord. 86-134. Passed 3-2-87.)
   (h)   Parking in the C-PUD Planned Commercial Development District shall be determined by the Planning Commission as part of the Development Plan review process required by Section 1153.097.
      (Ord. 01-139. Passed 11-15-01.)
   (i)   Parking in the SR Senior Residential District shall be determined by the Planning Commission as part of the Site Plan review process required by Section 1140.06.
      (Ord. 08-108. Passed 5-2-08.)

1157.04 NUMBER OF OFF-STREET PARKING SPACES TO BE PROVIDED.

   (a)    The number of off-street parking facilities required shall be as set forth in the following:
Use
Parking Space Required
All residential uses
Two for each dwelling unit, except that in a development in an R-3 or R-PUD District, one additional parking space for each two dwelling units shall be provided as guest or visitor parking
Rooming or Boarding House, Tourist Home, Hotel, Motel
One for each sleeping room or suite, plus two for the resident family, or one for each employee
Private Club or Lodge
One for each five members
Churches, Temples
One for each six seats in main auditorium
Private or Public School
One for each eight seats in main auditorium or three for each classroom, whichever is greater
Community Center, Library, Museum, or Art Gallery
One for each 600 square feet of floor space
Hospital, Sanitarium, Convalescent Home, Nursing Home, Home for the Aged, or similar institution
One for each three beds
Plus one for each employee on the maximum working shift
Theatres, Auditorium, Assembly Halls other than schools
One for each six seats, or one for each 100 square feet of floor area, whichever is greater
Bowling Alleys
Five for each alley plus necessary spaces as set forth in this Section for affiliated uses such as restaurants, and the like
Mortuary or Funeral Home
One for each 50 square feet of floor area
Restaurants, Nightclubs, Taverns or similar eating recreation establishments
One for each 50 square feet of seating area, or one for each four (4) seats, whichever is greater
Retail store or personal service establishment, except as specified herein
One for each 250 square feet of floor area devoted to actual sales or service (in no case less than three) plus one for each employee on maximum working shift.
Appliance or Furniture Store, Hardware Store, Wholesale establishment, machinery or equipment sales and service
Two plus one additional for each 500 square feet over 1,000 square feet of floor area devoted to actual display of merchandise plus one for each employee
Newspapers, Print Shops, or similar service establishments
One for each two persons employed therein
Barber Shop; Beauty Shop
Three for each operating station
Banks, Business and professional offices, except medical and dental clinics
One for each 400 square feet of floor area plus one for each employee
Medical and Dental Clinics
Five for each doctor or dentist
Manufacturing or Industrial establishments, research or testing laboratory, warehouse or similar establishments
One for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therein
Service Stations
Two parking spaces for each bay, plus one parking space for each two gasoline dispensing units, and one parking space per employee on maximum working shift.
(Ord. 24-134. Passed 9-12-24.)
Permitted uses within an Industrial Office District
One for each two employees on the maximum working shift.
(Ord. 86-134. Passed 3-2-87.)
Computerized Internet Sweepstakes Café
One and one-half (1.5) spaces per computerized sweepstake device, plus one space for each employee on a single shift.
(Ord. 11-107. Passed 5-12-11.)
   (b)    he developer shall obtain approval from the Planning Commission for the location of all required parking in the SR, R-3, C-PUD and I-PUD zoning districts as part of the site plan and Development Plan review process. In any R-3, SR or R-PUD development all required residential parking shall be located not more than 150 feet from the entrance to the dwelling unit or dwelling structure. Guest and visitor parking areas shall be distributed throughout the site and at least the required number of additional visitor and guest spaces shall be located within 250 feet of the principal entrance of the dwelling unit or dwelling structure.
(Ord. 08-108. Passed 5-2-08.)

1157.05 RULES GOVERNING THE DETERMINATION OF THE NUMBER OF PARKING SPACES.

   In computing the number of spaces required in Section 1157.04, the following rules shall govern:
   (a)    "Floor area" means the gross floor area of the specified use.
   (b)    Where fractiona1 spaces result, the parking spaces required shall be construed to be the next highest number.
   (c)    In the case of a use not specifically mentioned above, the requirements for off- street parking facilities for a use which is so mentioned and to which said use is similar, as determined by Planning Commission, shall apply.
   (d)    In the case of mixed uses, the total requirements for off-street parking facilities shal1 be the sum of the requirements for the various uses, computed separately. Off-street parking facilities for one use, shall not be considered as providing required parking facilities for any other use.
   (e)   Whenever a building or use constructed or established after the effective date of this Zoning Ordinance (April 3, 1985) is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, so as to create a need for an increase in the number of required parking spaces, such increase in parking spaces shall be computed on the basis of the enlargement or change in compliance with the parking requirements set forth herein.
   (f)   Whenever a building or use which existed prior to the effective date of this Zoning Ordinance (April 3, 1985) is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, so as to create a need for an increase in the number of required parking spaces, such increase in parking spaces shall be computed on the basis of the enlargement or change in compliance with the parking requirements set forth herein.

1157.06 LOCATION OF REQUIRED LOADING AND PARKING SPACES.

     (a)   The off-street loading and parking spaces required by this Section may be located in any yard in commercial or industrial districts, but shall not be permitted in the front yard of any R District. However, where parking or loading spaces are developed in the front yard of any lot in a commercial, industrial or industrial office district, the provisions of Section 1157.07 and 1155.02 shall be met.
(Ord. 97-112. Passed 5-15-97.)
 
   (b)   In the SR Senior Residential District, the C-PUD Planned Unit Commercial Development District and the I-PUD Planned Unit Industrial Development District, the location of parking and any screening and landscaping of parking and loading areas shall be determined by the Planning Commission as part of the Development Plan and site plan review process.
(Ord. 08-108. Passed 5-2-08.)
 

1157.07 SCREENING AND LANDSCAPING OF PARKING AND LOADING AREAS.

   Off-street parking areas for more than five vehicles or off-street loading spaces required by this Section, shall be effectively screened on each side which adjoins or faces premises situated in any R District or institutional premises, by a masonry wall or solid fence. Such wall or fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. In lieu of such wall or fence, a strip of land not less than fifteen feet in width and landscaped with grass or evergreen ground cover and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet nor more than six feet in height may be substituted. No wall, fence or hedge as required by this Section shall be located in a required front yard closer to the street line than the building or setback line required in the district in which it is located. Where parking areas are developed in the front yard, even though the property is located in a commercial or industrial district and the abutting or opposite properties are also the same district, a fifteen foot strip of land, landscaped with grass or evergreen ground cover and planted with shrubs or trees or both shall be provided between the street line and the parking area.

1157.08 SURFACING.

   Any off-street parking area shall be of usable shape, improved with a compacted base, not less than nine inches in depth, and so graded and drained as to collect water in catch basins connected to storm sewers where available or to dispose of all surface water accumulation without harm to abutting properties. The parking area shall be so arranged and marked so as to provide for orderly and safe parking and storage of self-propelled vehicles. The surface for all off-street parking areas, loading and access driveways shall be asphalt or concrete.
(Ord. 96-123. Passed 6-6-96.)

1157.09 LIGHTING.

   Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any R District and shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.

1157.10 JOINT PROVISION OF PARKING FACILITIES.

   Nothing in this Section shall be construed to prevent the collective provision of off- street parking facilities for two or more buildings or uses of similar character, provided the total of such collective off-street parking facilities shall not be less than the sum of the requirements of this Section. A written agreement between the parties shall be filed with the application for a zoning certificate, stating that the proposed joint parking area will be developed and maintained jointly and by mutual agreement. The location of such joint parking shall conform to the location requirements of this Section.

1157.11 NIGHT PARKING PROHIBITED IN R1A DISTRICT.

   No person shall park a vehicle on any street in the R1A District between the hours of 2:00 a.m. and 6:00 a.m. on any day, except emergency vehicles and physicians on emergency calls.
(Ord. 92-118. Passed 5-18-92.)

1157.12 LAND BANK FOR FUTURE PARKING.

   The Planning Commission, as part of the site plan review required by Chapter 1140 of the Codified Ordinances, may authorize the reservation of land for future parking (“Land Bank for Parking”) under the following conditions:
   (a)   The Planning Commission shall have the authoirty to reduce the number of parking spaces required by the Codified Ordinances where the applicant demonstrates that the number of parking spaces required by Chapter 1157 is substantially in excess of the parking reasonably needed to serve the employees, patrons and other persons frequenting the subject property. The Planning Commission shall determine, in its discretion, the number of parking spaces which the applicant must construct based upon such evidence. In the event the Planning Commission determines that the applicant is not presently required to construct all of the parking spaces required by Chapter 1157, the Planning Commission shall require the applicant to “Land Bank” a portion of the applicant’s property for future such parking, as provided by this section.
   (b)   Sufficient usable space shall be reserved upon the subject property for the future construction of the required parking spaces not presently being constructed. The reservation of said space and the purpose therefor shall be shown upon the approved site plan. Any future applications concerning said property shall show all such “Land Bank” area.
   (c)   As part of such approval, the applicant shall revise the property deed and re- record the deed to include a deed restriction setting forth the area to be reserved for future parking space construction and a clear statement of the purpose thereof, and binding any future owners, transferees and their assigns to said restrictions. Said deed restrictions shall include such other conditions as may be required by the Planning Commission, and the language of said deed restrictions shall be approved by the Village Solicitor. No zoning permit based upon the Site Plan shall be issued until the applicant has submitted to the Chairman of the Planning Commission a certified copy of the recorded deed with said restrictions.
      (Ord. 00-125. Passed 9-21-00.)

1159.01 SWIMMING POOLS.

   (a)   Private Swimming Pools.  “Private swimming pool” means any pool or open tank not located within an enclosed building and which contains water to a depth, at any point, greater than eighteen inches. Portable swimming pools with a diameter of less than twelve feet or with a water surface area of less than 100 square feet are excluded from this definition and are specifically exempt from zoning regulation. Private Swimming Pools are allowed only in zoning districts which specify that Private Swimming Pools are permitted as an Accessory Use, and only where the Private Swimming Pool complies with the following conditions and requirements:
      (1)   The pool is intended to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
      (2)   Such pool, including any walks or paved areas or accessory structures adjacent thereto, is not located in any front yard or side yard, and is located at least ten feet from any lot line.
      (3)   Any in-ground swimming pool, less than four feet above grade shall be enclosed by a wall or fence constructed so as to prevent access by small children. Such wall or fence shall be not less than five feet in height, maintained in good condition, and affixed with an operable gate and lock.
         (Ord. 96-147. Passed 3-20-97.)
   (b)   Community Swimming Pools.  “Community or club swimming pool” means any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association, or members of a club and their families or guests. Community or club swimming pools shall comply with the following conditions and requirements:
       (1)    The pool is intended solely for the enjoyment of the members, residents or families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
       (2)    The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than 100 feet to any lot line.
      (3)    The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children. Such wall or fence shall be not less than six feet in height and maintained in good condition, with an operable gate and lock.
   (c)    Zoning Certificate Required. A zoning certificate shall be required to be obtained from the Village for the construction of any private community or club swimming pool by any homeowner, lessee, group, association or person having possession or right to the property on which the swimming pool is to be located. A permit shall only be required where excavation or construction in support of a swimming pool is necessary and does not apply to the swimming pools which are merely assembled upon the premises unless additional construction is necessary for support of assembled pools. The application for the permit shall evidence upon its face that the pool will be constructed according to the requirements of subsections (a) and (b) hereof.

1159.02 CONVERSION OF DWELLINGS (REPEALED)

   (EDITOR'S NOTE: Former Section 1159.02 was repealed by Ordinance 96-106 passed April 18, 1996.)

1159.03 STORAGE OF RECREATIONAL VEHICLES.

   (a)    Definitions. As used in this section:
      (1)    "Recreation vehicle" means a vehicle unit primarily designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles shall include, but not be limited to the following: travel trailers, camping trailers, motor homes, boats and boat trailers and truck campers. Small pick-up trucks and standard-size truck vans primarily used for personal travel, which are designed for alternative recreation use, are specifically excluded from the definition of recreational vehicle.
      (2)    "Incidental parking" means the stopping of a recreational vehicle in a residential district in the Village for a period not to exceed two days, for the purpose of minor maintenance, use preparation or after use clean-up.
      (3)    "Open storage and parking" means openly locating any recreational vehicle in a residential district in the Village for a period exceeding two days in duration.
   (b)    Approved Open Storage and Parking. Open storage and parking of recreational vehicles in residential districts shall be permitted only behind the rear line of the building and only under the following conditions:
      (1)    There must be sufficient space in the lot's rear yard behind the building line for the parking of the recreational vehicle.
      (2)    The parking area must be reachable by the recreational vehicle without damage to buildings, terrain, trees or any permanent obstacle.
   (c)    Variance. If front or side yard storage or parking of a recreational vehicle is necessary due to the presence of obstacles, a variance permitting such storage or parking may be granted by the Board of Zoning Appeals. In considering any such application, the Board of Zoning Appeals will be governed by the standard set forth in Chapter 1133 of the Codified Ordinances, and the Board of Zoning Appeals, in granting any such applications, may establish such terms and conditions as will best protect neighboring properties.
   (d)    Incidental Parking. This section shall not apply to the incidental parking of recreational vehicles, as defined herein.
(Ord. 91-124. Passed 8-5-91.)

1159.04 ACCESSORY BUILDINGS IN AN R-DISTRICT.

   Accessory buildings excluding detached garage in an R-District shall be subject to the following requirements:
   (a)    No accessory building shall be erected in any required yard, other than a rear yard.
   (b)    No accessory building shall occupy more than thirty (30) percent of the required rear yard.
   (c)    An accessory building may be erected eight (8) feet from the interior side lot line, and four (4) feet from the rear yard line.
   (d)    The height of an accessory building shall not exceed fifteen (15) feet and the distance of such building from other principle buildings on the same or adjacent lot shall be at least ten (10) feet.
      (Ord. 96-158. Passed 11-21-96.)

1159.05 TEMPORARY BUILDINGS.

   Temporary buildings used in conjunction with construction work only, may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion or discontinuance of the construction work.

1159.06 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.

   (a)   Permit Required.  No open storage of display material or equipment in the CB, GC, I or PUD Districts shall be permitted unless a zoning permit for such use has been issued pursuant to this section.
   (b)   Application. Any person owning or having an interest in property in the CB, GC, I or PUD Districts may file an application to use a portion of that property for open storage and the property, with all buildings, accessory uses and parking spaces shown thereon, as well as the proposed area for open storage or display of material or equipment. The Zoning Inspector shall review the application and may request any additional information which the Zoning Inspector believes would be helpful to the Planning Commission. When the Zoning Inspector determines that the application is complete, the Zoning Inspector shall forward it to the Planning Commission for its review.
   (c)   Planning Commission Review. The Planning Commission shall review each completed application for open storage or display of material or equipment. After such review, the Planning Commission may approve the application, reject the application or approve the application as modified.
   (d)   Setbacks. No permit for open storage and display of material or equipment shall be issued where the area for such open storage or display does not comply with the sideyard and setback requirements of Chapter 1155 of the Codified Ordinances unless the Planning Commission, in its discretion, determines that compliance with such requirements would create an undue hardship for the property owner.
   (e)   Screening. The open storage and display of material and equipment incident to permitted conditional uses in CB, GC, I or PUD Districts shall be permitted provided the area used for open storage an display shall be effectively screened from all adjoining properties in any “R” District by means of walls, fences or plantings as determined by the Planning Commission.
   (f)   Additional Requirements. The Planning Commission may impose such additional terms and conditions, including the requirement that the area used for storage and display be paved, which the Planning Commission believes to be necessary to preserve the rights of adjacent property owners.
   (g)   Temporary Open Storage. The temporary open storage of contractor’s equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a special permit authorized by the Planning Commission.
(Ord. 05-125. Passed 8-4-05.)

1159.07 PERFORMANCE STANDARDS AND REQUIREMENTS.

   (a)   No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by the zoning code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established either by the Planning Commission as provided in this section or by the Board of Zoning Appeals, as provided in Section 1133.09 pursuant to the following requirements.
      (1)    Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
      (2)    Radioactivity or Electrical Disturbances. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
         (Ord. 93-146. Passed 10-7-93.)
      (3)    Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness. Noise shall not exceed the surrounding ambient noise level or seventy-five (75) dBC (C-weighted) for an average period of five (5) minutes in any one hour period, whichever is greater. Noise will be measured at the closest neighboring inhabited dwelling or dwelling setback, whichever is closer.
         (Ord. 10-104. Passed 4-15-10.)
      (4)    Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
      (5)    Smoke. Smoke shall not be emitted with a density greater than No. 1 on the Ringelmann Chart as issued by the U.S. Bureau of Mines. Smoke of a density of No. 2 on the Ringelmann Chart shall be permitted for a period of up to eight minutes in each hour.
      (6)    Odors. No malodorous gas or matter shall be permitted which is offensive or as to produce a public nuisance or hazard on any adjoining lot or property.
      (7)    Air Pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property or which can cause excessive soiling.
      (8)    Glare. No direct or reflected glare shall be permitted which is visible from any property outside an "I" District or from any public street, road or highway.
      (9)    Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
      (10)    Water Pollution. Pollution of water shall be subject to the requirements and regulations established by the State Water Pollution Control Board.
   (b)    Standards.  Methods and procedures for the determination of the existence of any of the uses regulated herein shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists' Association, Inc., Washington, D.C.; the United States Bureau of Mines; and State and/or Federal Environmental Protection Agency guidelines or regulations.
   (c)    Planning Commission Review. 
       (1)    As provided by Section 1139.05, prior to approving a site plan, the Planning Commission shall require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and equipment operations are to be eliminated or reduced to acceptable limits and tolerances. Such statement shall be provided by an architect or engineer licensed by the State.
       (2)    In the event that the Planning Commission determines that the applicant's proposed method of achieving the performance standards required by this section is acceptable, the Planning Commission shall have the authority to issue a zoning certificate based upon such submission. If, however, the Planning Commission, in its discretion, deems it so advisable, the Planning Commission may refer the matter for further review and evaluation by the Board of Zoning Appeals, pursuant to Section 1133.09.
         (Ord. 93- 146. Passed 10-7-93.)

1159.08 PROHIBITION AGAINST LIGHTING GLARE.

   (a)   All sources of illumination of the exterior of buildings or grounds shall be shielded so as not to cause direct glare and shall be directed away from any lot lines and toward the principal building and parking area on a lot.
   (b)   To minimize the emission of light falling outside the boundaries of the property on which the installation is sited, all lighting fixtures with lamps rated at initial lumens of two thousand five hundred (2,500) or greater must be the full cut-off type. For purposes of this regulation, a full cut-off light fixture is defined as one which emits no light above a horizontal plane drawn on the lowest part of the fixture.
   (c)   Exterior lighted signs shall utilize lighting which shines against the sign so that the light emitted directly from the fixture is not shining beyond the boundaries of the sign.
   (d)   Lighting fixtures and devices from which direct glare is visible on adjoining roads or property are prohibited.
(Ord. 00-124. Passed 9-21-00.)

1159.09 CLOTHING DONATION CONTAINERS.

   Clothing Donation Containers, hereafter called “Donation Bins”, shall be permitted in the Village only on a limited basis and only in compliance with all other provisions of the Zoning Code. All Donation Bins shall meet all of the following requirements:
   (a)   A Donation Bin shall be owned and operated only by a Charitable Organization as defined in Section 1131.05, and shall be utilized only in performing services in relation to its charitable purposes.
   (b)   The items donated shall be utilized by the Charitable Organization in pursuit of its exempt purpose.
   (c)   All Donation Bins are subject to the following restrictions:
      (1)   The only items permitted to be deposited in the bin shall be clothing, shoes, books, recyclable cardboard or other salvageable personal property.
      (2)   The bin shall be emptied regularly, but not less than weekly.
      (3)   The bin shall not be permitted to overflow to where any contents are visible from the outside.
      (4)   The ground area within six feet of the bin on all sides shall be kept free of donated items and/or other debris.
   (d)   Upon request from the Village, the Charitable Organization operating the Donation Bin shall provide, from the owner of that property, proof of permission to locate the bin on the property where the bin is located.
   (e)   The Charitable Organization operating the Donation Bin shall clearly display the following information in a conspicuous location on the Donation Bin: name, address and contact telephone number of the bonafide office of the Charitable Organization which owns or has custody of the bin. The bin shall be kept free of signs except for those identifying the Charitable Organization that is responsible for the Donation Bin and the information required herein.
   (f)   The Donation Bin must be maintained in an aesthetically acceptable manner, including but not limited to fresh paint, readable signage, and general maintenance and upkeep.
   (g)   In the event the Charitable Organization fails to adequately maintain and service the Donation Bin, the Site Host, as defined in Section 1131.05, including the owner of the business where the bin is located and the owner of the property where the bin is located shall also be responsible for such maintenance.
   (h)   Failure to properly maintain the donation Bin may result in enforcement under this Section or Section 521.08 “Littering and Deposit of Garbage, Rubbish, Junk, Etc.” of the Codified Ordinances.
   (i)   Failure to provide proof of permission to have the Donation Bin located at the site shall cause the Donation Bin to be deemed a public nuisance. The Village may then abate this nuisance at the expense of the owner of the Donation Bin, the Site Host or both. Abatement may include the removal of the Donation Bin and recoupment of any and all costs, including attorney fees, incurred by the Village in so doing.
      (Ord. 17-127. Passed 12-7-17.)

1159.10 SOLAR PANELS.

   (a)    Definitions.
      (1)    "Solar panel" shall mean any device used for collecting solar energy and converting it to electrical power or stored heat.
      (2)    "Solar energy system, Solar panel system" or "Solar Array" shall mean any collection of solar panels, connectors, battery banks, controllers, wiring, meters and switching devices intended to work in combination to convert solar energy to electrical power or stored heat.
      (3)    "Solar Cell" means the basic photovoltaic device that generates electricity when exposed to light.
      (4)    "Abandonment" means the discontinued use of the Solar Energy System in whole or part.
   (b)    Solar Panels. The installation and construction of a solar energy system is subject to the following development and design standards.
      (1)    A solar energy system may be building-mounted or ground mounted.
      (2)    Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.
      (3)    All power transmission lines from a ground-mounted solar energy system to any structure must be located underground.
      (4)    Advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials, is prohibited. The manufacturer and equipment information, warning signs or ownership information is allowed on any equipment of the solar energy system.
      (5)    A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
      (6)    Solar Panels shall be uniform in appearance and color, and to the extent practicable, match the design and color of the roof on which the panels will be placed.
   (c)    Building-Mounted Systems. A building-mounted system may be mounted on a principal building or accessory building in the following locations.
      (1)    When mounted on a roof:
         A.   On a flat roof, solar panels are permitted when set back eight (8) feet from the front fagade of the building unless otherwise approved by the Planning and Zoning Commission.
         B.   For other roof forms, solar panels are permitted on the rear and side roof but must be set back six (6) feet behind the ridge line unless otherwise approved by the Planning and Zoning Commission.
         C.   Solar panels on the front or corner side roof are permitted with approval from the Planning Commission, provided that the grant or denial of such approval is within the discretion of the Planning and Zoning Commission, upon consideration of the impact upon neighbors, the extent to which such solar panel installation is consistent with the features of the zoning district and neighborhood in which the subject property is located, and aesthetic considerations.
      (2)    The solar panel system is limited to the maximum building heights of the zoning district for the building type (principal or accessory structure) or a maximum height of five (5) feet, whichever is less. Height is measured from the roof surface, on which the system is mounted, to the highest edge of the system.
      (3)   Solar energy systems may project off a building as follows:
         A.   May project up to four (4) feet from a facade.
         B.   May project into a side or rear setback, but shall be no closer than five (5) feet to the side or rear property line.
      (4)    In the case of a flat roof, solar panels must be set back six (6) feet from any building wall.
   (d)    Ground-Mounted Systems.
      (1)    A ground-mounted system is permitted only in the rear yard and must be set back a minimum of five (5) feet from any lot line.
      (2)    A ground mounted system is considered to be an accessory building for purposes of this zoning code, subject to the regulations set forth in subsection (3) below. A ground-mounted system shall not exceed the maximum building heights for accessory buildings.
      (3)    Single-family residential lots shall be permitted the larger of either one hundred square feet of panels or one (1) square foot of solar panels for every one hundred (100) square feet of lot.
      (4)   Ground mounted solar panel systems shall remain structurally secure in winds up to 90 miles per hour.
      (5)   All ground-mounted systems are subject to Planning Commission approval, which may grant or deny such approval in the Planning Commission's discretion, upon consideration of the impact upon neighbors, the extent to which such solar panel installation is consistent with the features of the zoning district and neighborhood in which the subject property is located, and aesthetic considerations.
   (e)    Solar Access Protection. For purposes of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement in accordance with Ohio Revised Code Section 5301.63 (Solar access easement requirements). Such easements must be in writing and subject the same conveyance and recording requirements as other easements. Any instrument that grants a solar access easement must include all requirements required by Ohio law.
   (f)    National Fire Protection Association Compliance. Any solar panel or solar panel system shall be installed in compliance with National Fire Protection Association ("NFPA") 70, as set forth in Ohio Administrative Code Section 1301:7-7-80, as the same may be amended from time to time, including, but not limited to, NFPA Article 690 and Section 690.12, as the same may be amended from time to time, and with any applicable Ohio Fire Code section, as the same may be amended from time to time. Compliance with NFPA 70 and/or the Ohio Fire Code shall be determined by the Village Fire Prevention Officer, in the Fire Prevention Officer's sole, discretion.
   (g)    Roof Access Dimensions for Firefighting. The following roof access dimensions shall be required in connection with any roof-mounted solar panels.
      (1)    On residential buildings with hip roof layouts, panels shall be located in a manner that provides one (1) three-foot (3') wide clear access pathway from the eave to the ridge on each roof slope where panels are located.
      (2)    The access pathway shall be located at a structurally strong location on the building (such as a bearing wall.)
      (3)    On residential buildings with a single ridge, panels shall be located in a manner that provides two (2) three-foot (3') wide access pathways from the eave to the ridge on each roof slope where panels are located.
      (4)    Panels shall be located no closer than one and one-half (1.5) feet to a hip or a valley if panels are to be placed on both sides of the hip or valley. If the panels are to be located on only one side of a hip or valley that is of equal length, then the panels may be placed directly adjacent to the hip or valley.
      (5)    Panels shall be located no higher than three feet (3') below the ridge.
      (6)    Notwithstanding any other provision of this ordinance, plan review is required if a system is to be installed that will occupy more than fifty percent (50%) of the roof area of a residential dwelling.
   (h)    Report of Village Engineer. The Zoning Inspector shall not issue a permit for any solar energy system without a stamped opinion of a registered/licensed engineer indicating that (i) the load-bearing elements of the building or structure in question can structurally support the weight of the solar panels and related wiring and infrastructure, together with any other load-bearing requirements and (ii) the solar energy system and solar panels will remain structurally secure in winds up to ninety (90) miles per hour.
   (i)    Abandonment. Upon abandonment, the owner shall physically remove the solar energy system within sixty (60) days from the date of abandonment. "Physically remove" shall include, but not be limited to:
      (1)    Removal of the Solar Energy System and related above grade structures.
      (2)    Restoration of the location of the Solar Energy System to its prior condition.
   (j)   Exclusions. Solar panels that serve as power collecting stations for security system devises and exterior lighting system to support the primary use at the premises are
not included in this ordinance.
   (k)    Penalty. Whoever violates the provisions of this Chapter shall be given notice by the Zoning Department of the violation(s) and be provided ten (10) days in order to remedy the violation(s) to the satisfaction of the Zoning Department. Failure to remedy the violations within the time proscribed shall be a misdemeanor of the fourth degree. Each day that a Solar Energy System is erected or maintained in violation of the Chapter after the time proscribed to remedy said violation(s) shall constitute a separate and distinct offense.
(Ord. 22-142. Passed 11-10-22.)

1160.01 DEFINITIONS.

   As used in this chapter:
   (a)   “Outdoor wood furnace” means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood boiler or outdoor wood- fired hydronic heater.
   (b)   “Chimney” means a flue or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.
   (c)   “EPA OWHH Phase I Program” means the EPA OWHH (Outdoor Wood-fired Hydronic Heater Program) Phase I Program administered by the United States Environmental Protection Agency.
   (d)   “EPA OWHH Phase I Program Qualified Model” means an outdoor wood furnace that has been EPA OWHH Phase I Program qualified. The model has met the EPA OWHH Phase I emission level and has the proper qualifying label and hangtag.
   (e)   “Existing outdoor wood furnace” means an outdoor wood furnace that was purchased and installed prior to the effective date of this section.
   (f)   “Natural wood” means wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
   (g)   “New outdoor wood furnace” means an outdoor wood furnace that is first installed, established or constructed after the effective date of this section.
      (Ord. 09-134. Passed 10-15-09.)

1160.02 REGULATIONS FOR OUTDOOR WOOD FURNACES.

   (a)   Any outdoor wood furnace installed and operated within the Village must be an EPA OWHH Phase I Program Qualified Model as defined in Section 1160.01(d).
   (b)   No person shall, from the effective date of this section, construct, install, establish, operate, or maintain an outdoor wood furnace other than in compliance with the applicable sections of this chapter.
   (c)   No person shall, from the effective date of this section, operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements of this chapter.
   (d)   All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.
   (e)   No outdoor wood furnace may be installed and/or operated until a permit has been issued by the Village’s Zoning Inspector. The owner of the property seeking to install an outdoor wood furnace must fill out an application, present a site plan of the property showing the proposed location where the outdoor wood furnace is to be installed, and pay the permit fee set forth in Section 1140.04 for “other permits”. The owner of any new outdoor wood furnace shall produce the manufacturer’s owner’s manual or installation instructions to the Zoning Inspector to review prior to installation.
   (f)   All outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, ANSI or other applicable safety standards.
(Ord. 09-134. Passed 10-15-09.)

1160.03 SUBSTANTIVE REQUIREMENTS.

   Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
   (a)   Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup.
   (b)   The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
      (1)   Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.
      (2)   Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps.
      (3)   Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
      (4)   Rubber including tires or other synthetic rubber-like products.
      (5)   Newspaper, cardboard, or any paper with ink or dye products.
      (6)   Any other items not specifically allowed by the manufacturer or this provision.
   (c)   Location and Setback Requirements.
      (1)   An outdoor wood furnace may only be installed in the back yard of the lot for the structure being serviced. Outdoor wood furnaces shall not be permitted in a side yard or a front yard.
      (2)   An outdoor wood furnace shall be installed on a solid base, such as a concrete pad or similar material, with a depth of at least four inches.
      (3)   The outdoor wood furnace shall be located at least fifteen feet from the property line.
      (4)   The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and or testing and listing requirements for clearance to combustible materials.
   (d)   Chimney Height. The outdoor wood furnace chimney shall extend either ten feet above the ground surface or at least two feet above the peak of any residence or structure not served by the outdoor wood furnace located within 100 feet of such outdoor wood furnace, whichever is greater.
      (Ord. 09-134. Passed 10-15-09.)

1160.04 APPEALS.

   Appeals from any actions, decisions or rulings in the enforcement of this chapter or for a variance from the strict application of the specific requirements of this chapter may be made to the Planning Commission pursuant to Chapter 1101 of the Village’s Zoning Code.
(Ord. 13-150. Passed 1-9-14.)

1160.99 PENALTY.

   Any person who shall violate any provision of this chapter shall be subject to the penalties set forth in Section 1140.12.
(Ord. 09-134. Passed 10-15-09.)

1161.01 INTRODUCTION.

   Gas and oil wells shall be permitted only under the following conditions and such other conditions as determined by the Village to be necessary to safeguard the health, safety, and welfare of the community.
(Ord. 84-127. Passed 2-4-85.)
   

1161.02 PURPOSE.

   This section is established to permit the drilling of gas and oil wells in the industrially zoned areas and in non-industrially zoned areas of the Village, and to prescribe, in accordance with, and as a compliment to, Ohio R.C. Ch. 1509, the minimum standards and requirements to make the drilling, fracturing, production, termination, and removal of the wells as safe and compatible as possible with other land uses and activities in the Village. Except where otherwise indicated, all terms are used herein as defined in Ohio R.C. Ch. 1509. The Planning Commission is herewith given full authority to make such recommendations as deemed necessary to give full force and effect to the purpose and requirements expressed herein. Approval of an appropriate application and review of compliance with the purpose and requirements of this section and all other applicable sections of the Village regulations shall be within the discretion of the Planning Commission. An approval of an application and issuance of one conditional zoning certificate shall not serve as precedent to any other application. Each application shall rest safely upon its merit and the prudent use of discretion by the Planning Commission. All provisions of this chapter shall apply to the proposed well site and drill unit property owner(s), heirs, executors, or assigns, and to the well drilling and production firms, partnerships, associations, or corporations and their successors and assigns.
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)

1161.03 PERMIT REQUIRED.

   (a)    No person shall commence to drill a well for gas, oil, or other hydrocarbons within the corporate boundaries of the Village until compliance has been made with all provisions of this Chapter 1161 and all other applicable sections of the Village's regulations, and a conditiorn1 zoning certificate has been authorized and a permit issued by the Zoning Inspector.
   (b)    A conditional zoning certificate shall be granted for a one year period and shall expire unless actual drilling has commenced within one year of the issuance date.
   (c)    No person shall be permitted to drill more than two wells at any one time, and no more than two conditional zoning certificates shall be issued to the same owner or drilling company at any one time. No owner or drilling company shall have more than two valid gas or oil drilling certificates issued for which the wells have not yet been drilled. Application for the third certificate of any subsequent certificates, may be made upon the completion of the drilling of the first, second, and each numerically subsequent well. Compliance with the purpose and requirements of this section in the drilling and/or production applications for subsequent wells.
(Ord. 84-127. Passed 2-4-85.)

1161.04 PERMIT APPLICATION AND FEE.

   (a)    Any person desiring to drill a well for gas, oil, or other hydrocarbon within the corporate boundaries of the Village shall make application for a conditional zoning certificate to the Planning Commission in accordance with the requirements of Chapter 1165, Conditional Uses.
   (b)    All requests for certificates shall be accompanied by a completed application, all required information, and a $500 fee for each well. No refund of any part of a certificate application fee shall be made to an applicant in cases of a denial of a certificate by the Village or to a certificate holder in case of a dry hole or for failure to exercise the privilege to drill upon the site covered by the certificate.
   (c)    At the time of application, $2,500 shall be deposited with the Village Fiscal Officer for application review costs. Each time a Village incurred cost is charged against this amount, the deposit shall be replenished to the $2,500 level. All such Village costs shall be documented, a permanent record maintained, and a copy sent to the applicant. Upon completion of the review of the application, whether approved or denied, any unused portion of this deposit shall be returned to the applicant.
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)

1161.05 EASEMENTS WITHIN VILLAGE PROPERTY; FEES.

   No holder of a conditional zoning certificate shall, without the express approval of the Planning Commission, be authorized to locate gas lines or other structures or appurtenances associated with oil or gas wells within any public property. In the event that an easement is granted to any such conditional zoning certificate holder, the fee for such utilization of such property shall be not less than $.50 per linear foot. In addition thereto, any such permission shall contain a requirement that a bond shall be posted in the amount established by the Planning Commission for restoration of the property where the line is located; a requirement that the holder shall landscape any metering, processing, or other equipment areas associated with the gas line and/or wells; a requirement of a minimum line depth of 40 inches; and a requirement that the applicant post with the Village for the duration of the line's existence in the public right-of-way, evidence of insurance, satisfactory to the Village, for property damage and personal injury, which insurance shall, in no event, be less than $100,000 per individual, $300,000 per occurrence, and contain $50,000 worth of property coverage, which insurance will remain in effect or the use-life of the pipeline. If any gas/oil lines interfere with other public utilities servicing Village rights of way, these gas/oil lines shall be relocated at the owner's expense.
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)

1161.06 LOCATIONAL OBJECTIVES AND CRITERIA.

    As a basis for assuring that gas and oil wells and any associated equipment will be of minimum hazard to and compatible with, surrounding development, the location, evaluation and approval of a proposed well site and associated production and processing equipment site shall be based upon the following criteria:
   (a)    Preference will be given to sites proposed in existing industrially zoned areas.
   (b)    Proposed sites will be considered from the perspective of both existing and future development and should not be located so as to be potentially detrimental to the future use and development of the parcel(s) upon which the well is to be located or of any adjoining parcels.
    (c)    No gas well shall be located within 100 feet of an electrical power line or transmission line of any public or private utility.
    (d)    All future residential buildings to be constructed in the vicinity of a well or production and processing equipment shall be located at least 200 feet from any existing wells or associated equipment (excluding transmission lines); proposed residential subdivisions and multi-family developments shall be designed so that all future residential dwellings shall be located at least 200 feet from any existing wells or production and processing equipment (excluding transmission lines).
   (e)    No drilling for oil and/or gas wells and no associated production or processing equipment (including transmission lines) shall be permitted within 500 feet of any existing school, church, hospital, theater or assembly hall, as these terms are defined by the Ohio Revised Code or this code, regardless of the zoning district, except as otherwise provided herein,
   (f)    Sites proposed in non-industrial zoning districts may be considered and may be approved if the proposed well location and associated production and processing site are determined to be in compliance with the following requirements:
      (1)    Sites are selected which will utilize and/or maximize the potential screening and shielding effects of existing topographic, vegetative, and man-made conditions for existing or proposed residential development;
      (2)    Sites are not located inside of, or closer than, 500 feet to the property lines of an existing major residential subdivision or neighborhood of 20 or more platted or unplatted lots upon which more than 50% of the existing lots have residential dwellings;
      (3)    Sites are not located inside of, or closer than, 500 feet to the boundaries of an existing multi-family development approved for 20 or more dwellings of which more than 50% are constructed;
      (4)    Sites are not located in areas which will necessitate the use of minor residential streets for well drilling, production and service vehicles, and equipment access during the drilling, fracturing, and production of the well; and
       (5)    Sites are not located in areas of unique, unusual, or significant natural characteristics which could be permanently or irreparably damaged or which could have their recreational, open space, natural area use, or aesthetic value significantly reduced.
   (g)    No site which is to be utilized for the processing of sour gas shall be located within 1000 feet of an existing residence.
   (h)    In the case of particular proposals for well locations or sites for the associated production and processing equipment, where strict compliance with the foregoing criteria and requirements may be a handicap or an excessive burden to the use of the property and where no undue hazard will be created, requirements and degrees of compliance may be reduced or modified after proper review by the Planning Commission.
   (i)    The Planning Commission shall have the right to consider any and all special features or conditions they may consider important in determining whether or not an undue hazard is created and may require such other additional conditions they may find necessary, for the achievement of the objective of this section or other sections of this code.
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)

1161.07 DATA REQUIRED WITH APPLICATION.

   The following data shall be submitted as part of the application:
   (a)    Application Form.  The applicant shall complete the form supplied by the Village through the Zoning Inspector. The owner(s) of all properties contained in the drill unit and the drilling company shall be identified on the application form and shall sign the form.
   (b)    Site Plan and Vicinity Map.  Each application for a drilling conditional zoning certificate shall be accompanied by a site plan and vicinity map of the area involved in the application drawn to scale and showing thereon:
      (1)    The current lot lines of all abutting and other properties within 500 feet of the proposed well drill unit.
      (2)    The current locations, dimensions, and use of all buildings and structures within 500 feet of the proposed well and associated producing and processing equipment locations.
       (3)    The proposed locations of the well and all associated appliances and facilities, such as wellhead, piping, separators, scrubbers, tank batteries, access roads, dikes, fences and the like.
      (4)    The proposed landscaping, screening, and restoration plans, including professional estimates as to the costs of plant materials and construction.
      (5)    The names and addresses of all owners of property partly or fully included within a radius of 1200 feet of the proposed well and associated equipment site(s).
      (6)    The proposed location of pipelines to be utilized to transmit the gas and/or oil to off-site locations and facilities to be established at the receiving facility location(s).
      (7)    A schematic of all pipelines, connections and shut-off valves for emergency purposes; the schematic shall be modified and resubmitted to the Village for emergency purposes at any time that a change in equipment or facilities occurs.
      (8)    Specific plans for the removal, disposal methods and disposal site of all spoils, salt water, and other residues and waste materials resulting from the drilling, fracturing, or production of the well. Plans shall include a list of the names and addresses of all persons who will be used to haul wastes and shall state the ultimate location of waste disposal.
   (c)    Performance Guarantee. 
      (1)    At the time of approval, $5,000 cash shall be deposited with the Village Fiscal Officer for deposit into a separate interest bearing account to serve as a financial guarantee for the compliance with the requirements of this section and other applicable sections of the Village's regulations. Such a guarantee shall not only be conditioned upon compliance by the applicant, but also upon compliance with these requirements by any assignee and owner of any drilling conditional zoning certificate granted under these regulations, or by any employee, contractor, subcontractor or other party performing services in connection with any certificate. Guarantees shall be released only upon completion of all restoration, landscaping, and termination of operation as provided for on the plans approved by the Planning Commission. Completion shall be determined by the Planning Commission after inspection of the facilities and site by the Zoning Inspector and Village Engineer.
      (2)    This guarantee may be utilized in full or in part by the Village for maintenance deemed necessary by the Zoning Inspector or Village Engineer, or his designate, and not being done by the permit holder after written notice by the Village to the permit holder indicating the nature of the problem and the time period to be allowed for the remedy. The guarantee shall be maintained at the level of $5,000 and shall be replenished to that level each time a Village incurred cost is charged against it. Failure to maintain the cash guarantee at a level of $5,000 shall be grounds for certificate revocation pursuant to Section 1161.08(c). All such Village costs shall be documented, a permanent record maintained, and a copy sent to the permit holder. In the event the $5,000 guarantee account should accrue $1,000 interest, the Village Fiscal Officer shall release said interest in excess of the $5,000 guarantee.
       (3)    Technical Assistance. In light of the technical and potentially complex nature of well drilling, gas and oil production and facilities maintenance, the Village may need to utilize the Village Solicitor, Village Engineer, other consultants, technical people, and special equipment for the evaluation and regulation of plans, operations and maintenance including such things as monitoring and measuring noise and odor levels. The costs for such consultants, technical people or special equipment shall be paid for by the applicant or permit holder in an amount not to exceed the amount of the performance guarantee and may be charged against the performance guarantee. In the event additional money is required, these costs will be incurred only upon the prior consideration and approval by the Planning Commission in consultation with the well owner, applicant, or permit holder.
    (d)    Easement or Options.  Copies of easements or options for easements shall be submitted with the application for all pipelines, production and processing equipment and access drives where all such facilities are to cross properties not included as part of the drill site or drill unit.
   (e)    Emergency Information. In order that some responsible person or persons may be reached at any time in the event of an emergency, the name, address and telephone numbers of the persons responsible for the ownership, operation, and all maintenance of each drilled well, whether capped, temporarily out of production, not yet fractured, or in production, located within the Village shall be furnished to the service director, police department and fire department. This information shall include the street location and state permit number and name of the well. The fire chief shall prepare a list of such names, addresses and well information and shall keep the list posted in a conspicuous place in the police and fire departments for ready reference.
   (f)    State Permit Required. Applications for a well drilling conditional zoning certificate shall be considered by the Planning Commission only when the application includes a copy of both a currently valid permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas, and the applicant's completed permit application from the Division which shall include all information required thereon, and evidence of compliance with all conditions for permit approval.
   (g)    Waivers from Residents Within 200 Feet. No drilling shall be permitted for oil or gas wells within 200 feet of any existing building or structure of any nature unless written waivers as herein specified accompany an application for a well drilling conditional zoning certificate:
      (1)   The owners and adult occupants of any building or structure which is located within 200 feet of the proposed well, as located on the well location survey, must waive, in writing, the minimum distance requirements set forth in these regulations. The owners or occupants may waive down to a minimum distance of 100 feet without the necessity of vacating or causing to be vacated, any buildings or structures during drilling operations.
      (2)    The owners and adult occupants of any building or structure of any nature may consent to drilling for oil and gas closer than 100 feet to such buildings or structures, but in such cases, the Planning Commission shall consider special features affecting the application for a drilling certificate, such as topographical conditions, nature of occupancy, and proximity of buildings on the abutting property, facilities available at the fire department to cope with controlling liquid and gas fires, and such other matters as the Planning Commission shall deem relevant to the application. Should the Planning Commission, upon considering such special features, find that an undue hazard is created, the irrespective of waivers being provided, as specified in this section, the Planning Commission shall refuse to authorize a conditional zoning certificate to drill. Such denial and the undue hazard upon which the denial is based, shall be recorded in the minutes of the Planning Commission.
      (3)    Where the owners and adult occupants of any building or structure which is closer than 200 feet to a proposed well have waived in writing, at any time, the distance requirement provided in this section for any proposed gas or oil drilling site, then such property owners and occupants shall be deemed to have waived the distance requirement provided for in this section down to the same distance that such party waived for the other proposed drilling site or to the distance that a gas or oil well was actually drilled, whichever is smaller.
      (4)    All distances, as set forth in this section, shall be those distances as measured from the proposed well location as shown on the state required well location survey.
   (h)    Affidavit of Compliance or Exceptions. The applicant for a well drilling conditional zoning certificate shall be required to file with the application, an affidavit stating that the applicant has complied with all conditions of this subchapter and other applicable requirements of this code, or setting forth any exceptions thereto. Any false or erroneous statement in the affidavit shall be grounds to refuse to authorize a conditional zoning certificate to drill or shall be grounds to revoke a certificate already authorized or issued by the Village.
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)

1161.08 PROCEDURE AND GENERAL REQUIREMENTS.

   All applicants for a gas or oil well drilling conditional zoning certificate shall comply with the following procedures and requirements:
   (a)    Public Hearing and Notice. After receipt of an application for a conditional zoning certificate under this section, the Planning Commission shall schedule and hold a public hearing. The Planning Commission shall fix the time for the hearing and shall give notice thereof in a newspaper of general circulation in the Municipality at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The applicant shall cause a list of all parties of interest to be filed with the Planning Commission. Parties of interest shall include all property owners whose properties abut the drill unit and residents within the Village or neighboring municipalities, including the chief executive officer of elected officials of neighboring municipalities, within 1200 feet of the well head. The Planning Commission shall mail at least ten (10) days before the day of the hearing, written notice of such hearing by certified mail to all parties of interest. The public meeting must occur not less than three weeks prior to the commencement of drilling. In addition to all notices required by this section, the permit holder or well driller shall cause a final notice to be sent by certified mail, one week prior to the actual drilling, notifying the forementioned residents, property owners and elected officials of the day drilling operations will commence. Compliance with the hearing provisions of this subchapter shall be mandatory conditions precedent to the commencement of drilling under the permit.
   (b)    Certificate Issuance; Liability Insurance. Upon approval by the Planning Commission, and after compliance with the prerequisites to issuance contained herein, the Zoning Inspector shall issue a gas or oil well drilling conditional zoning certificate which shall include all conditions and terms specified by the Planning Commission.
      (1)    Prior to issuance of the well drilling conditional zoning certificate, the Village shall be provided with a policy or certificate of insurance covering the applicant's liability for property damage in an amount of not less than $500,000 and for personal injury in an amount not less than $1,000,000 which insurance policy or policies must be maintained for such period of time as drilling is in progress, the well is in operation or is producing oil or gas, or until such well is pulled and plugged as hereinafter provided. The insurance policies and the coverages thereunder must be completely satisfactory to the Village and such policies may be rejected by the Village for any valid reason. Such rejection of the insurance policies by the Village shall serve to stay the issuance of a permit theretofore approved by it until such time as an insurance policy providing coverage entirely satisfactory to the Village has been provided by the applicant.
      (2)    All applicants shall be required to prove that insurance policies required by this section provide coverage for all the items set forth in this section, including conditions where there is a blowout in the drilling of an oil or gas well and other conditions creating a need for liability coverage.
      (3)    The permit holder shall pay to the owners of any realty, crops, buildings, improvements, goods or chattels located in the area, any extra cost of insurance on the property imposed by reason of the granting of the permit or the operations carried on thereunder, and any and all damages suffered by any person, persons, or corporation as to property within the Village or adjacent communities from fire over and above the insurance collected thereon, or from oil, gas, or water caused by or originating from the operation connected with the well, and will hold the Village free and harmless from any and all liability growing out of the granting of the well drilling certificate.
   (c)    Inspections; Certificate Revocation.  The Zoning Inspector or Village Engineer shall have the authority, at any time to enter upon property where a well is in the process of being drilled, or upon a producing well site, for the purpose of inspecting the site, equipment and-all other things necessary to assure compliance with the objectives and requirements of this subchapter. Failure to comply with any provisions of this subchapter shall be grounds to refuse to issue a permit to drill or shall be grounds to revoke a permit already issued by the Village. Upon a recommendation from the Zoning Inspector or Village Engineer that grounds for revocation exist, the Planning Commission may find and determine that good cause exists to revoke the permit and it may revoke said permit. Revocation of a permit shall remove all rights of the permit holder to drill for oil or gas, to fracture the well, or to continue production until such time as the permit holder takes steps to come into compliance with this section. Operation after revocation of the permit shall constitute a violation of this section and shall be a misdemeanor punishable under the appropriate provisions of the Village ordinances.
      (A.O.; Ord. 13-150. Passed 1-9-14.)

1161.09 SPECIFIC REQUIREMENTS.

   All applicants and permit holders shall comply with the following specific requirements, which are deemed to be minimum specifications unless noted otherwise:
   (a)    Limits on Unitizing Properties.  Any owner who has utilized or unitized any portion of his property by entering into a community lease or other agreement shall not share in any adjacent well production because of conflicting lease interests of such real estate caused by such real estate being in more than one unitized site. It is the express intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
   (b)    Drilling Equipment and Training of Crews.
      (1)   Rotary equipment. The drilling preparation used in wells drilled with rotary equipment shall be capable of sealing off each oil, gas, brine, or fresh water stratum above the producing horizon or objective formation and shall be capable of preventing blowouts and flows of salt or fresh water, in accordance with good well drilling practice. Rotary tools shall have the innermost string of casing equipped with a blowout preventer properly installed and tested prior to drilling into any formation likely to contain oil or gas.
        (2)    Cable tools. Wells drilled with cable tools shall have the innermost string of casing equipped with a high pressure master valve and control head and an oil saver, securely anchored by concrete, prior to drilling into any formation likely to contain oil or gas.
       (3)   Crews and equipment. All crews shall be trained in the operation of the blowout preventer, control head and related equipment, and all equipment to be used shall be in good condition. Sanitary toilet facilities shall be provided on the drill site for the drilling crew.
    (c)    Protection of Fresh Water Wells. It shall be the duty of the permit holder to seal gas and oil wells to protect fresh water wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. Both the permit holder and well driller shall establish contingency plans for the immediate furnishing of potable water to effected residents for such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. Unless otherwise specified by the conditional zoning certificate the requirement to provide such immediate water supply shall be limited to residents within 1000 feet of the well head. The permit holder and the driller shall be jointly and severally responsible for the obligation to provide potable water, without cost to the residents receiving the water. Should the Planning Commission deem it necessary because of unusual geological or other circumstances, it may require the permit holder or driller to test water of fresh water wells within 2000 feet of the well site. Such test may be required at any time.
   (d)    Drainage Into Sewers, Water Courses and Surrounding Areas. No waste, sludge, water or effluents of any type, where an oil or gas wel1 is being drilled, fractured, or is in production, shall in any manner, be emptied or drained into any storm or sanitary sewer, drainage course, water body, wetland, or any other area. All sludge and holding pits shall be lined and diked so that no waste, sludge, water or effluents are allowed to penetrate the soil or to run off and pollute any area outside of the dike. Disposal of all those materials shall be in strict compliance with the provisions of the approved conditional zoning certificate and referenced plans and proposals.
   (e)    Drilling Pits. Drilling pits shall be sized so as to fully contain all drilling fluids plus any fluids resulting from natural precipitation. An earthen dike shall be constructed around the perimeter of the pit. A properly sized, properly anchored, reinforced, single piece plastic liner (specifications available from the Village Engineer) shall be placed within the pit and care shall be taken to ensure the integrity of the liner. Should the pit excavation be in coarse, sandy soil a soil sealant with specifications satisfactory to the Village Engineer shall be applied to the entire surface of the earthen pit prior to the installation of the plastic liner. The Village Engineer shall be notified of and inspect each phase of the drilling pit construction. The discharge line must be equipped with a baffle which deflects the cuttings as they enter the drilling pit in order to preserve the integrity of the pit liner throughout the drilling operation. Gas must be flared through a flow line at least 60 feet long into a flare pit located a safe distance away from the drilling pit and directed away from any inhabited structure. During drilling, contents of the pit shall be hauled away as needed and as required by State law. Upon completion of drilling, all liquid wastes shall be removed from the pit. Within thirty (30) days, the remaining contents of the pit and the plastic liner shall be removed and hauled away, the pit inspected by the Village Engineer and backfilled. Extensions for weather delays may be granted by the Village Engineer.
   (f)    Storage Tanks And Production Equipment. In non-industrially zoned areas having two or more existing residences within 500 feet of the storage tanks and production equipment site, all storage tanks and other equipment shall not exceed a height of ten feet above the average grade outside the diked and fenced area. In any zoning district, the location of tank batteries and other production equipment shall meet the following locational and other criteria:
       (1)    In areas in which two or more wells are proposed for adjacent properties or drill units or are to be located within reasonable distances of one another, the storage tanks and processing equipment shall be consolidated on a single or as few sites as possible.
      (2)    Storage tanks and all other processing equipment shall be set back from all road right-of-ways at least 100 feet.
      (3)    Storage tanks, production facilities, and processing equipment shall have access drives of such quality, lengths, widths and locations to assure year-round access for service and emergency equipment and to minimize any potential conflict with traffic on existing and proposed roads.
   (g)    Diking of Storage Tanks. All gas and oil well storage tanks or groups of tanks situated within the corporate limits of the Village shall be diked and maintained to prevent discharge of liquid from endangering adjoining property or reaching waterways. Each dike shall have a capacity of 150% of that of the tank or tanks served by the enclosure and shall be completed prior to the initiation of production and processing through the enclosed facilities. All dikes shall be continuous with no openings for roadways and no residual opening shall remain as a result of piping passing through except for an outlet valve for use in release of accumulated rain water. All dikes shall be constructed of earth, clay, steel, masonry, or reinforced concrete so constructed to be watertight and afford adequate protections and, if of concrete or masonry, shall be properly reinforced and shall have footings below the frostline.
   (h)    Access to the Well Site. The permit holder or well driller shall install a 40-foot long, 3/8-inch minimum walled steel culvert, ten inches in diameter or larger, as specified and approved by the Village Engineer, or his designate, located in the roadside ditch or other location determined by the Village Engineer, or his designate, at each entrance or exit to a proposed well site. This installation is to provide for a ground cushion and entrance pad at the road edge to prevent berm and roadway damage or destruction. Further, a gravel entry drive of not less than 100 feet in length by ten feet in width, and of a gravel type and thickness as specified by the Village Engineer, or his designate, shall be laid out as a vehicle clean-up area to help reduce the amount of mud being carried onto the road right-of-way and pavement. This culvert and gravel entry drive shall be installed prior to the arrival of drilling equipment at the site and shall be maintained in an acceptable manner.
   (i)    Maintenance of Site and Streets. All permit holders and well drillers shall use care in the set up, operation, and removal of drilling and fracturing equipment to keep the area around the drilling site free of mud which might otherwise be carried onto the public street by any vehicle or other equipment used at the drilling site. Should any mud be carried onto public streets from a drilling site, the permit holder shall be required to clean up the streets to the satisfaction of the Village. The Village shall have authority to request a permit holder or well driller to take specific steps to reduce mud at a given location. Failure of a permit holder or well driller to clean up the public streets to the satisfaction of the Village, or failure to take specific steps to reduce mud at a given location, as requested by the Village shall be grounds for revocation of a permit, forfeiture of the cash performance guarantee posted, and shall further be a misdemeanor punishable under the appropriate provisions of the Village ordinances. If deemed necessary by the permit holder, driller, Zoning Inspector, or Village Engineer, suitable washing equipment shall be stationed at the road entry location and used to remove the loose mud from all vehicle tires and equipment prior to entry upon the public road right-of-way.
   (j)   Noise Level. Drilling operations shall be controlled by double exhausts, mufflers, or otherwise, so that the noise level of actual drilling does not exceed the noise level of 85 decibels at a 300 foot radius during maximum noise production periods or at such other level as complies with the applicable Occupational Safety and Health Administration Regulations, if any.
   (k)    Restoration of the Site and Public and Private Property.  The permit holder or well driller shall clear the site and area of all litter, rubbish, machinery, derricks, buildings, structures, oil or other substances used or associated in the drilling, fracturing or producing operations. The permit holder or well driller shall restore the streets, sidewalks, drainage facilities and water courses and other Village, public facilities or places which have been damaged or disturbed in the various operations. All restoration and cleaning up of the site and area shall be completed within 90 days of the date of the initiation or drilling and shall be done regardless of whether a producing well has resulted or whether the well has been fractured. Restoration shall include, at a minimum, the fine grading of the soil to produce a readily mowable conditions and the establishment of a grass or other vegetative cover sufficient to prevent erosion and rapid storm water runoff.
   (l)    Equipment, Operation, and Maintenance of Producing Wells. The permit holder and well driller shall meet the following requirements for all producing wells:
      (1)    All pipelines used for transmission of gas, oil, or other hydrocarbons, shall be located at least 40 inches below the surface, shall be well marked on the surface as to their location, and shall be located on easements, which are located with due consideration for potential conflict with existing future development, streets, excavations and other activity areas.
      (2)    Excluding initial drill stem well testing and other extraordinary well production conditions, all removal of brines, oil, or other substances from a well shall be accomplished by pumping or other closed system methods; no gas or liquids of any kind shall be expelled directly to the air without first removing all oil, salt, or other potential environmental contaminants, including odor producing elements normally associated with sour gas.
      (3)    All well pumps shall be operated by electric motors only; all power lines leading to a well site shall be located underground.
      (4)    All gas and oil production facilities shall be equipped with automatic regulating and shut-off valves, which shall be located in the system ahead of any pressure relief valves included in the producing and processing equipment. Such valves shall be designed to eliminate or reduce to as great a degree as possible, the venting of gas to the air.
      (5)    All gas and oil production and processing facilities serving wells producing sour gas shall be designed to effectively prevent the release of hydrogen sulfides or other mercaptens to the air.
      (6)    The fire chief, fire marshal, and Village Engineer, or their designates, shall be notified 24 hours in advance of all scheduled or anticipated well tests and other extraordinary well production conditions which will result in large volumes of gas being released to the air.
      (7)    The well site, access drive, well head, production and processing equipment, dikes, fences, and landscaping shall all be maintained in good condition, during the full period of production from the well and until such time as the well, whether a producing well or note, has been abandoned and removed, and the site restored to a condition compatible and consistent with the general conditions of the neighborhood and area.
   (m)    Fencing and Landscaping. The permit holder and well driller of any drilled well, whether producing or not, shall meet the following requirements:
      (1)    Within one year of the initiation of drilling or prior to the initiation of production, whichever occurs earlier, the well head and all production and processing equipment shall be enclosed by a permanent eight foot high chain link fence with two (2) strands of barbed wire on top and such quality and maintenance to prevent, to a reasonable degree, any unauthorized entry or access.
      (2)    Wells, production facilities, and processing equipment located on a site in a platted residential subdivision, in a proposed residential subdivision, or in an area of existing homes where two or more dwellings, not belonging to an owner of property in the drill unit or to the permit holder for said well or equipment, are located partly or completely within a radius of 300 feet from the well or equipment shall be enclosed by a vision obscuring masonry wall or wood fence at least eight feet high.
      (3)    In all undeveloped areas not part of a platted or proposed residential subdivision or not containing existing homes as specified in (m) (2) above, the vision obscuring masonry wall and wood fences may be delayed at the discretion of the Planning Commission, who may at some future date require vision obscuring fences in response to changing development conditions and as a condition for the continued production of an existing well. Non-vision obscuring fences shall be of chain link at least eight feet high.
       (4)    Wells, production facilities and processing equipment located on a site adjacent to existing or proposed residential, commercial, or other non- residential structures or land uses, or highways, where existing views or other aesthetic conditions are potentially damaged by the well or facilities, may be required by the Planning Commission, to be enclosed by a vision obscuring masonry wall or wood fence at least eight feet high.
       (5)    In addition to fine grading and the restoration of grass or other vegetative cover, the well head and all equipment sites located in non-industrially zoned areas, or those located in industrially zoned areas within 300 feet of non-industrial areas, shall be landscaped with shrubs and trees to create an environment and appearance compatible with the adjacent properties, neighborhood and area. Existing trees and shrubs shall be preserved and utilized to as great a degree as possible in the final restoration and landscaping.
      (6)    Prior to approval of fencing and landscaping requirements, the review of, and recommendation on the proposed gas or oil well application and plan, shall have been considered by the Planning Commission as part of the processing of the application.
      (7)    Restoration, fencing, and landscaping shall be completed within 90 days of the date drilling was initiated, in conformance with approved plans, and prior to the release of the performance guarantee.
   (n)    Conversion, Reopening, and Deepening of Wells. No existing or abandoned well shall be deepened, reopened, or converted to any use other than its original Village approved purpose unless prior approval is granted by the Planning Commission.
   (o)    Abandoning Wells. In the event that a well is abandoned, it shall be the duty of the permit holder, owner or lessee to notify the Municipal Offices of such abandonment before the well has been abandoned and the equipment removed. All permit holders shall be required to pull or plug a well site on abandonment and remove all above-ground appurtenances and return ground to original grade and condition, and follow any other rules and regulations promulgated by any department or division of the state relative to pulling, plugging and abandoning oil and gas wells. Landscaping may be preserved at the time of abandonment of the well, if feasible, and if desired by the property owner.
   (p)   Exceptions. A request for an exception to any provision of this subchapter, excluding 1161.07 (c), shall be made in writing to the Village. Such request shall be studied by the Planning Commission, and, where the Planning Commission feels that special conditions warrant, such exceptions may be granted. Granting or refusal to grant an exception to any of the provisions of this section shall rest with the discretion of the Planning Commission. The Planning Commission may request that the Village Solicitor be present at any meeting held pursuant to this subsection if the Commission deems such presence appropriate.
   (q)    Well and Equipment Identification. Prior to drilling, all wells and associated production and processing equipment shall be identified with a permanent and conspicuous sign indicating the well name and number, as shown on the state drilling permit; the name of the owner or permit holder, and the names, addresses and telephone numbers of the persons or firm to be called in cases of emergency. A sign with the information required above shall be posted at all site entrances prior to drilling and throughout the period of operation.
      (Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)

1162.01 SMALL WIND ENERGY CONVERSION SYSTEMS GENERALLY.

   Small wind energy conversion systems (SWECS) less than five megawatts in capacity shall be permitted, with an approved conditional use zoning permit, subject to all requirements as provided herein. Wind power systems five megawatts in capacity or greater are regulated by the Ohio Public Utilities Commission (PUCO).
(Ord. 10-105. Passed 4-15-10.)

1162.02 DEFINITIONS.

   (a)   “FAA” means the Federal Aviation Administration of the United States Department of Transportation.
   (b)   “Guy cable” means any cable or wire that extends from a small wind energy system for the purpose of supporting the system structure.
   (c)   “Meteorological tower” means a facility consisting of a tower and related wind- measuring devices, which is used solely to measure winds preliminary to construction of a small wind energy conversion system. Meteorological towers shall not be allowed for time periods in excess of six months, and shall be removed prior to the installation of the wind energy conversion system for which they are measuring. A request to install a meteorological tower shall be included in the application to install a small wind energy conversion system.
   (d)   “Rated nameplate capacity” means the maximum rated output of electric power production equipment for a small wind energy conversion system. This output is typically specified by the manufacturer with a “nameplate” on the equipment.
   (e)   “Rotor diameter” means the length as measured across the center of the full spin of the rotors of a SWECS turbine.
   (f)   “Small Wind Energy Conversion System (SWECS)” means a wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on-site energy consumption with a rated nameplate capacity of 100kW or less. This includes, but is not limited to, storage, electrical collection and supply equipment, and transformers. Excess electrical power generated, and not presently needed for on site use, may be utilized by the utility company.
   (g)   “Tower height”. The tower height of a small wind energy conversions system means the total height above finished grade of the fixed portion of the tower, excluding the wind turbine blades.
   (h)   “Turbine” means the parts of a small wind energy conversion system including the blades, generator and tail.
(Ord. 10-105. Passed 4-15-10.)

1162.03 PERMIT REQUIRED.

   No person shall install or construct a SWECS within the corporate boundaries of the Village until compliance has been made with all provisions of this chapter and all other applicable sections of the Village’s regulations, and a conditional zoning permit has been authorized and a permit issued by the Zoning Inspector.
(Ord. 10-105. Passed 4-15-10.)

1162.04 PERMIT APPLICATION AND FEE.

   (a)   Any person desiring to install a SWECS within the corporate boundaries of the Village shall make application for a conditional zoning permit to the Planning Commission in accordance with the requirements of Chapter 1153, Use Regulations.
   (b)   All requests for permits shall be accompanied by a completed application, all required information, and a three hundred fifty dollar ($350.00) fee for each wind turbine. No refund of any part of a permit application fee shall be made to an applicant in cases of a denial of a permit by the Village.
   (c)   At the time of application, one thousand five hundred dollars ($1,500) shall be deposited with the Village Fiscal Officer for application review costs. Each time a Village incurred cost is charged against this amount, the deposit shall be replenished to the one thousand five hundred dollar ($1,500) level. All such Village costs shall be documented, a permanent record maintained, and a copy sent to the applicant. Upon completion of the review of the application, whether approved or denied, any unused portion of this deposit shall be returned to the applicant. (Ord. 10-105. Passed 4-15-10.)

1162.05 LOCATION REQUIREMENTS.

   As a basis for assuring that SWECS and any associated equipment will be of minimum hazard to and compatible with, surrounding development, the location, evaluation and approval of a proposed tower site and associated production and processing equipment site shall be based upon the following criteria:
   (a)   Maximum Tower Height. The maximum tower height shall be 150 feet, except as imposed by FAA regulations.
   (b)   Turbine Clearance. No portion of the turbine, including rotor blades, shall extend within twenty feet of the ground. No portion of the turbine may extend over overhead utility lines, parking areas, driveways or sidewalks.
   (c)   Minimum Setbacks. Minimum setbacks from all property lines for the SWECS shall be either 100 feet or equal to 1.5 times the overall blade tip height of the SWECS, whichever is greater. No part of the small wind energy conversion system structure, including, but not limited to, guy wire anchors and any necessary ground-mounted conversion equipment, may extend closer than twenty-five feet to the property line. SWECS shall be set back a distance equal to 1.5 times the overall blade tip height of the SWECS from the nearest existing residential or commercial structure.
   (d)   Noise. The small wind energy conversions system shall conform to Section 1159.07(a)(3).
   (e)   Automatic Over-Speed Controls. All small wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the small wind energy conversion system.
   (f)   Utility Notification. No small wind energy conversion system shall be installed until evidence has been given that the electrical utility company has been informed of, and approved the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
   (g)   Tower Color. Tower colors shall be white, off-white, gray or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.
   (h)   Multiple Towers. Multiple small wind energy conversion systems are allowed on any site, provided all minimum standards are met and total wattage is less than 5MW.
   (i)   Lighting. Small wind energy conversion systems shall not be artificially lighted, except as required by the FAA.
   (j)   Wiring. All wiring from the tower to any structures or connections shall be underground.
   (k)   Climb Prevention. Small wind energy conversion systems shall not be climbable up to fifteen feet above the ground surface.
   (l)   Compliance with Other Regulations. The applicant or owner shall be responsible for acquiring all necessary approvals from other applicable agencies, including but not limited to the FAA.
   (m)   Maintenance. Small wind energy conversion systems are subject to the provisions of the Property Maintenance Code and shall be maintained in working order, structurally sound, and with any surface treatments intact.
   (n)   Abandoned Facilities. Any small wind energy conversion system that is not operated on a functional basis for a period of six consecutive months shall be deemed abandoned. The Zoning Inspector may order the repair or removal of said small wind energy conversion system, in accordance with these provisions. The applicant, owner, or other person responsible for the facility shall repair or remove the same within sixty days of receipt of notification by certified mail. If said facility is not either operational or removed after sixty days, the Village may remove the system at the owner’s expense.
   (o)   Insurance. Prior to the issuance of a zoning permit for the installation of a SWECS, the applicant shall provide the Village with evidence that the applicant’s insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the SWECS.
      (Ord. 10-105. Passed 4-15-10.)

1163.01 INTENT.

   Within the districts established by this Ordinance or amendments hereinafter adopted there exist lots, structures, uses of land and structures which are lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.

1163.02 WHEN PERMITTED.

   (a)   Any use of building or land existing at the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was in conformity with the Municipal Zoning Ordinance 384 established December 9, 1963, and as amended up to April 3, 1985. No nonconforming building or structure shall be moved, extended, enlarged, reconstructed, or structurally altered, except as specifically provided in this Ordinance.
   (b)    Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this Ordinance, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this Ordinance, may be used for the nonconforming use for which such changing, remodeling, or construction was undertaken provided that such work is completed within two (2) years of the date of adoption of this Ordinance or amendment thereto making said use nonconforming.

1163.03 SUBSTITUTION.

   The Board of Zoning Appeals may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided it finds that the change will be no more detrimental to the neighborhood than the existing nonconforming use. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

1163.04 EXTENSION.

   No nonconforming use shall be enlarged, extended, reconstructed or structurally altered, except as follows:
    (a)    The Planning Commission may permit a building containing a nonconforming use to be enlarged to an extent not exceeding ten (10) percent of the ground floor area of the existing building or buildings devoted to a nonconforming use at the time of enactment of this Ordinance or at the time of its amendment making a use nonconforming. The Planning Commission shall not authorize any enlargement which would result in a violation of the provisions of this Ordinance with respect to any adjoining premises, or which would occupy ground space required for meeting the yard or other requirements of this Ordinance. (Ord. 13-150. Passed 1-9-14.)
    (b)    No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
    (c)    Any residential structure which is nonconforming due to the fact of its being in a GC or CE-District or in an I-District may be enlarged, extended, reconstructed, or structurally altered provided it meets with the requirements of the most restrictive R-District.

1163.05 DISCONTINUANCE.

   A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist.
   (a)    When the use has been discontinued voluntarily for a period of two (2) years.
   (b)    When the nonconforming use has been replaced by a conforming use.

1163.06 DAMAGE AND/OR DESTRUCTION OF A NONCONFORMING BUILDING OR USE.

   When a building, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, Act of God, or by public enemy it may be restored or rebuilt and continued in such nonconforming use, provided that the restoration or rebuilding is commenced within six (6) months of the time of damage and completed within 2-l/2 years.
 

1163.07 MAINTENANCE AND REPAIR.

   Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use as follows:
   (a)    When required by law.
   (b)    To convert to a conforming use.
   (c)    A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height regulations or which would extend into any yard required in the district in which such building is located.

1165.01 PURPOSE.

   The purpose of this Chapter is to promote the public health, safety and welfare through the provision of standards for existing and proposed signs of all types. More specifically, this Chapter is intended to:
   (a)    Enhance and protect the physical appearance of all of the community and to protect and enhance property values;
   (b)    Promote and maintain visually attractive, residential, retail, commercial and industrial districts and to protect and enhance property values;
   (c)    Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment;
   (d)    Provide review procedures that enable the Village to comprehensively evaluate the appropriateness of a sign to the site, buildings and surroundings; and
   (e)    Prohibit all signs not expressly permitted by this Chapter.
      (Ord. 09-111. Passed 4-16-09.)

1165.02 DEFINITIONS.

   As used in this chapter:
   (a)    Signs shall mean any visual communication, display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct attention, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, logo, device designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction, or advertisement. For the purpose of this Code, the word "sign" does not include flag, pennant, badge, or insignia of any government or governmental agency.
   (b)    A-Frame Sign shall mean a sign that is in or on a foldable frame or sandwich board folding type sign or a sign in or on a portable base that can be easily put up and taken down.
   (c)    Animated Sign shall mean any sign that uses flashing lights or movement of the sign or some element thereof, to depict action or create a special effect or scene.
   (d)    Awning or Canopy Sign shall mean any sign that is painted on, printed on or attached to an awning, canopy, or other fabric, plastic, or structural protective cover.
   (e)    Back Lighted Letter is an illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter producing a halo effect around the letter; also referred to as a silhouette or halo lighted.
   (f)    Banner Sign shall mean a sign made of lightweight fabric or similar material with no enclosing framework that is secured to a building or other structure at one or more edges.
   (g)    Billboard Sign (synonymous with off-site advertising) shall mean a sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the same lot.
   (h)    Building Sign shall mean any sign attached parallel to any part of a building and including wall signs, awning or canopy signs and window signs.
   (i)    Cabinet Sign is a sign structure consisting of the frame and face(s) not including the internal components, embellishments, or support structure.
      (Ord. 09-111. Passed 4-16-09.)
   (j)    Changeable Copy Sign shall mean a portion of a sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified manually from time to time as situations change, such as a bulletin board or announcement board. Electronic Reader Boards are not considered to be Changeable Copy Signs for purposes of this chapter.
(Ord. 13-103. Passed 4-4-13.)
   (k)    Channel letter is a fabricated or formed three-dimensional letter that may accommodate light source.
(Ord. 09-111. Passed 4-16-09.)
   (l)    Electronic Reader Board is a variable message sign that utilizes computer generated messages or some other electronic means of changing copy. Electronic Reader Boards shall be permitted only as Ground Signs.
(Ord. 13-103. Passed 4-4-13.)
   (m)    Entrance or Exit Sign shall mean a sign located at the driveway entrance or exit and intended to provide for safe ingress and egress.
   (n)    Exterior Illuminated Sign is a sign that is illuminated by a light source that is directed towards and shines on the face of a sign; also called direct illumination.
   (o)    Flag Sign shall mean a piece of flexible material having a distinctive size, color, and design, used as a symbol, standard, signal, or emblem.
   (p)    Ground or Monument Sign shall mean a sign supported from the ground and not attached to any building, and shall include a "Post and Panel Sign."
   (q)    Halo lighted See definition (e) Back lighted letter.
   (r)    Ideological Sign shall mean any temporary sign announcing an idea, opinion or position on a social or political issue and containing no commercial message.
   (s)    Illuminated Sign shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
   (t)    Instructional Sign shall mean a sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers, or users as to matters of public safety or necessity such as specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization or private industry that is intended to control traffic; direct, identify or inform the public; or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.
   (u)    Internally Illuminated Sign is sign illuminated internally through its sign face by a light source contained inside the sign.
   (v)    Marquee Sign shall mean a sign attached to a structure, other than an awning or canopy sign, projecting from a wall of a building above an entrance and extending over a street, sidewalk, or part thereof.
   (w)    Menu Board is a sign listing the services or goods sold by the business, the price thereof, and may include incidental advertising or the business logo. A "menu board" shall not be counted as a sign under Chapter 1165 so long as it complies with the following requirements.
      (1)   It is constructed as an accessory use to a drive up service window;
      (2)   The menu board does not face a municipal right of way;
      (3)   It complies with all other requirements, as applicable, for wall signs or ground signs as set forth in this Chapter.
   (x)    Mobile Sign shall mean a sign painted on or attached to a vehicle or trailer.
   (y)    Pan Channel Letter is a dimensional letter that is constructed with sidewalls, a back, and a face making the letter a solid integral unity with the sidewalls and back having a pan-shaped cross section.
   (z)    Permanent Sign shall mean a sign that is not temporary.
   (aa)    Post and Panel Sign shall mean a Sign Face supported between two posts on each end of the Sign Face. (See example of post and panel sign below.)
 
   (bb)    Projecting Sign shall mean a sign that is attached to a building wall and extending twelve (12) inches or more perpendicular to the face of the wall.
   (cc)    Reverse Channel Letter is a fabricated dimensional letter with opaque face and sidewalls. (See definition (e) Backlighted letter.)
   (dd)    Roof Sign shall mean a sign erected, constructed or maintained wholly upon or over the roof parapet wall of any building with the principal support on the roof structure.
   (ee)    Sign Face shall mean the area or display surface used for the message.
   (ff)   Sign Plate shall mean a wall sign not exceeding two (2) square foot in area.
   (gg)    Temporary Sign shall mean a sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, a structure or permanently installed in the ground.
   (hh)    Wall Sign shall mean a sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall and not extending more than twelve (12) inches therefrom and which does not project above the roofline or beyond the corner of the building.
      (Ord. 09-111. Passed 4-16-09.)
   (ii)   Wall Mural Sign or Wall Mural shall mean a sign painted or applied to an exterior wall of a building and used for artistic purposes which does not contain any advertising of products or services. Wall Mural Signs are permitted only as conditional uses as provided herein. (Ord. 13-149. Passed 1-9-14.)
   (jj)    Window Sign shall mean a sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building.
      (Ord. 09-111. Passed 4-16-09; Ord. 13-149. Passed 1-9-14.)

1165.03 APPLICATION OF SIGN REGULATIONS.

   (a)    The regulations contained in this Chapter shall apply to signs outside of the public right-of-way, except when specifically stated otherwise.
   (b)    A sign may only be erected, established, painted, created or maintained in the Village in conformance with the standards, procedures, exemptions and other requirements of this Chapter.
   (c)    All Permanent signs shall comply with the sign design guidelines set forth in section 1165.10, Design Standards.
   (d)    Architectural Features. Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from these regulations. Architectural features include:
      (1)    Any construction attending to, but not an integral part of the sign, and which may consist of landscape, building or structural forms that enhance the site in general.
      (2)    Graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose or to a building when stripes or other painting technique do not include lettering, logos or pictures.
         (Ord. 09-111. Passed 4-16-09.)

1165.04 COMPUTATIONS AND RULES OF MEASUREMENT.

   The following regulations shall control the computation and measurement of sign area, sign height, and building frontage:
   (a)    Determining Sign Area Dimension.
      (1)    Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support unless such structural support is determined to constitute an integral part of the sign design.
      (2)    For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of one (1) rectangular shape that encompasses the entire background or frame.
      (3)    For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped ground sign, the area of the sign shall be the area of one (1) rectangular shape that encompasses the perimeter of all the elements in the display.
         A.    When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be the area of one (1) rectangular shape that comprises all the display areas, including the space between the elements.
         B.    One minor protrusion may be permitted to extend above or below the sign area when the area of the protrusion is less than 25% of the open space included in the sign area. For the purpose of this section, only the open space within the sign area that is located above and below the majority of the letters shall be included in the calculation. See Figure 1.
 
      (4)    For ground signs and projecting signs:
         A.    The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel or within thirty (30) degrees of being parallel to each other and are at no point separated by a distance that exceeds two feet apart.
         B.    No more than two display faces shall be permitted.
         C.    The portion of a solid sign base that is mostly screened by landscaping, up to a maximum height of two (2) feet, shall not be calculated as sign area.
      (5)    Air under a ground sign between supporting posts, air between a projecting sign and the wall to which it is attached, and lighting fixtures and associated brackets shall not be included in the calculation of sign area. See Figure 2.
 
   (b)    Determining Sign Height. The height of a sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the calculated sign area. A ground sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign.
   (c)    Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street or that contains a public entrance to the uses therein shall be considered the building frontage.
      (1)    The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
      (2)    In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
      (3)    A building shall have only one building frontage except as otherwise set forth below.
      (4)    A building shall have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.
      (5)    For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
         (Ord. 09-111. Passed 4-16-09.)

1165.05 SIGNS IN NONRESIDENTIAL DISTRICTS.

   Signs in nonresidential districts shall conform to the standards set forth in this Section, except for residential uses which shall comply with the standards set forth in Section 1165.06.
   (a)    Maximum Number and Area of Permanent Signs Attached to Buildings. Permanent signs attached to buildings shall conform to the maximum number and area limitations set forth in Table 1165.05(a). In addition to the sign area permitted in Table 1165.05(a), each building shall be permitted to display numerals indicating the building's street address, provided the numerals and letters do not exceed eight (8) inches in height.
 
Table 1165.05(a)
Permanent Signs Attached to Buildings
Type
Maximum Number Permitted
Maximum Area
(A) Signplate
2/address and 1/entry
2 sq. ft.
(B) Building Sign
1/ground floor Occupant frontage
1.4 sq. ft. per linear ft. of building frontage, not to exceed 100 sq. ft. (a)
(C) Projecting Sign
1/ground floor Occupant frontage (b)
6 sq. ft.
(D) Instructional Sign
Shall be exempt from regulations when in compliance with Section 1165.05(e)
(a) See Section 1165.05(b)
(b) See Section 1165.05(c)
   (b)    Building Signs. The building sign permitted in Table 1165.05(a) shall be a wall sign or an awning sign erected in compliance with the following additional regulations.
      (1)    Awning Signs. Awning signs may be permitted to extend over a public right-of-way provided such awning signs comply with the regulations of this Chapter.
      (2)    Corner Lots and Public Entrances Not Fronting a Street. The maximum allowable area for building signs set forth in Table 1165.05(a) shall be the area allowed for the occupant's primary frontage. In the event an occupant has a secondary frontage as defined in Section 1165.04(c) additional sign area shall be permitted in compliance with the following:
         A.    The sign area for the secondary building frontage shall be forty (40) percent of the sign area permitted for the primary frontage.
         B.    The property owner may choose to locate the permitted building sign area on any exterior building wall provided the sign area on any one wall does not exceed the formula set forth in Table 1165.05(a) and signs are attached to no more that two (2) exterior walls.
      (3)    Large Building Setbacks. The maximum allowable area for a building sign may be increased by twenty five (25) percent for each additional one hundred (100) feet of building setback when the principal building is located more than one hundred (100) feet from the principal street on which the building is located and the building is visible from the street. The additional twenty five (25) percent in area for each additional one hundred (100) feet of setback can be used on a graduated scale basis for each additional one hundred (100) feet of setback. For example, a principal building with a setback of one hundred and fifty (150) feet from the principal street may have a building sign not to exceed one hundred twelve and one half (112.5) percent of the maximum allowable area.
Notwithstanding the foregoing, no sign shall exceed two hundred (200) percent of the maximum allowable area.
      (4)   Illumination. Building signs shall be illuminated only in compliance with Section 1165.08.
   (c)    Projecting Signs.
      (1)    Projecting signs shall be limited to occupants that have a minimum of twelve (12) feet of occupant frontage.
      (2)    All Projecting signs shall not extend above the roofline or exceed a height of fourteen (14) feet, whichever is less, and shall have a minimum clearance of seven (7) feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign.
      (3)    Illumination. Projecting signs shall be illuminated only in compliance with Section 1165.08.
(Ord. 09-111. Passed 4-16-09.)
   (d)    Permanent Ground Signs. Permanent ground signs permitted in nonresidential districts, including Electronic Reader Boards, shall comply with the following regulations: (Ord. 13-103. Passed 4-4-13.)
      (1)    Maximum Number, Area and Height, Minimum Setback of Permanent Ground Signs. Permanent ground signs shall comply with the maximum number, area and height limitations and minimum setback from the street right-of-way set forth in Table 1165.05(d).
Table 1165.05(d)
Permanent Ground Signs
Maximum Number
Maximum Area
Maximum Height
Minimum Setback
1. Ground Sign (a)
a. Building setback 30 feet (b)
1 per lot (c)
32 sq. ft.
8 ft.
15 ft.
b. Building setback 12 but < 30 ft. (b)
1 per lot (c)
24 sq. ft.
6 ft.
Equal to height of sign
2. Entrance/Exit Signs
2 per driveway (1 in, 1 out)
2 sq. ft.
3 ft.
4 ft.
3. Instructional Signs
Shall be exempt from regulations when in compliance with Section 1165.05(e)
(a) Not permitted on the site when the building is setback less than 12 ft. from the street right-of-way.
(b) From street right-of-way.
(c) Except as otherwise permitted in Section 1165.05(d)(2) for lots that exceed 500 ft. in street frontage.
      (2)    Additional Ground Signs. One additional ground sign shall be permitted for every additional five hundred (500) feet of street frontage or fraction thereof per lot greater than five hundred (500) feet. For example, if the street frontage of the lot is five hundred one (501) feet, up to two (2) ground signs are permitted and three (3) ground signs are not permitted unless the street frontage of the lot is at least 1,000 feet. For comer lots, each street frontage shall be calculated separately. Ground signs on the same lot shall be separated by a minimum of two hundred (200) feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.
      (3)    Minimum Sign Setback from Intersection. On corner lots, ground signs shall comply with the minimum sign setback from both street rights-of- way, as set forth in Table 1165.05(d).
      (4)    Minimum Sign Setback from Side Lot Lines. Ground signs shall be located a minimum of fifteen (15) feet from any side lot line except that when a side lot line coincides with a residential district boundary line or a lot used for residential purposes, the minimum setback shall be thirty (30) feet.
      (5)    Base and Skirting. Ground signs, other than temporary signs and post and panel signs, shall have a solid base or solid skirting around the bottom of the sign extending from the bottom of the sign panel down to the ground.
      (6)    Landscaping. Ground signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots. Neither the landscaping nor the ground sign shall obstruct the view of vehicles entering or exiting the property. There shall be landscaping around the base of the ground sign and the landscaping shall be continuously maintained during the existence of the sign.
(Ord. 09-111. Passed 4-16-09.)
      (7)    Changeable Copy. Changeable copy signs may have up to thirty (30) percent of the sign area set forth in Table 1165.05(d) devoted to changeable copy.
         A.    The changeable copy shall not be changed more than eight (8) times per day, and no more than one (1) time per hour.
         B.    Changeable copy may only be manually changed.
         C.    All changeable copy shall comply with the lettering style, lettering color, background color and all elements approved as a part of the sign application. No alphabetic letter or number shall be used as a substitute for a different alphabetic letter or number or a different color of letter. (Ord. 13-103. Passed 4-4-13.)
      (8)    Multi-Occupant Facilities. When a ground sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
      (9)    Illumination. Ground signs shall be illuminated only in compliance with Section 1165.08.
   (e)    Instructional Signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed provided such signs comply with the following:
      (1)    The signs are not larger than necessary to serve the intended instructional purpose;
      (2)    The number of instructional signs located on the site is the minimum needed to serve the intended instructional purpose;
      (3)    Lettering on the sign does not exceed two (2) inches in height; and
      (4)    The signs are not in a location and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the site.
   (f)    Temporary Signs In Nonresidential Districts. The following regulations for temporary signs in nonresidential districts are in addition to the maximum sign area set forth in Tables 1165.05(a) and 1165.05(d).
      (1)    Temporary signs may be ground signs, window signs, or banner signs.
      (2)   The total maximum number and area permitted for temporary ground signs and temporary banner signs shall be regulated based on the district in which the lot is located.
         A.    In Districts CB - Central Business, GC - General Commercial, and I - Industrial a maximum of one (1) sign per parcel shall be permitted provided the total area of all temporary ground signs and temporary banner signs shall not exceed thirty-two (32) square feet per parcel.
      (3)    Temporary ground signs shall have a maximum height of six (6) feet and shall be located a minimum distance of twelve (12) feet from the public right-of-way and a minimum distance of fifteen (15) feet from a side lot line, except that when a side lot line coincides with a residential district boundary line or a lot used for residential purposes, the minimum setback shall be thirty (30) feet.
      (4)    One temporary ideological ground sign permitted in Subsection 1165.05(f)(3) may be erected for an unspecified time. All other temporary ground signs and temporary banner signs shall be permitted for a maximum of fifteen (15) consecutive days, and not more than a total of seventy-five (75) days per calendar year.
      (5)    Temporary signs that are erected in order to announce or advertise a specific event shall be removed within three (3) days after the close of such event.
      (6)    Temporary A-Frame Signs shall be allowed in all CB - Central Business, GC - General Commercial, and I - Industrial zoning districts. The maximum of one sign per business having an exterior store front will be permitted. The sign shall be placed adjacent to the exterior store front and shall not be located closer than three (3) feet to a public right of way on the parcel; nor shall it impede pedestrian or vehicular traffic in any way. The sign shall not exceed three (3) feet in height or two (2) feet in width. The temporary A-Frame sign shall be removed at the close of each business day.
         (Ord. 09-111. Passed 4-16-09.)
   (g)   Wall Mural Signs or Wall Murals. Wall Mural Signs or Wall Murals shall contain no advertising of products or services, and shall be permitted only as conditional uses as provided by Chapter 1135 of the Codified Ordinances.
      (Ord. 13-149. Passed 1-9-14.)

1165.06 SIGNS IN RESIDENTIAL DISTRICTS.

   Signs in residential districts shall comply with the regulation set forth in this section.
   (a)    Sign Standards. Signs in residential districts shall be limited in number, area, height and setback based on the type of use, as set forth in Table 1165.06(a).
Table 1165.06(a)
Signs in Residential Districts
Regulations for
Ground Signs
Type
Maximum
Number
Permitted
Maximum
Total Sign Area per Type
Maximum Area Per Sign
Maximum Height
Min. Setback from ROW
(A) Signs for Single-Family Dwellings, Duplexes and Townhomes:
1. Permanent signs
a. Sign plate sign
Per DU(a)
2 sq. ft.
2 sq. ft.
b. Ground sign
1/building
2 sq. ft.
2 sq. ft.
5 ft.
8 ft.(b)
2. Ground Sign for Residential Subdivision
2/subdivision entrance
(c)
15 sq. ft.
8 ft.
15 ft.
3. Temporary Ground Sign (d)
Per building (a)
12 sq. ft.
6 sq. ft.
5 ft.
4 ft. (b)
(B) Multi-Family Buildings:
1. Permanent Signs
a. Sign plate
Per DU(a)
2 sq. ft.
2 sq. ft.
1/public entrance to building
2 sq. ft.
2 sq. ft.
b. Ground sign
1/development entrance
15 sq. ft.
15 sq. ft.
8 ft.
15 ft.
2. Temporary Sign (d)
b. Ground Sign
Per building (a)
16 sq. ft.
6 sq. ft.
5 ft.
8 ft. (b)
(C) Parcels Used for Nonresidential Purposes:
1. Permanent Signs
a. Sign plate
1/address
2 sq. ft.
2 sq. ft.
b. Primary Wall Signs
1/building
40 sq. ft.
40 sq. ft.
c. Primary ground sign
1/500 feet of parcel frontage (e)
15 sq. ft. plus 5 sq. ft. for every 50 ft. of frontage > 100 ft.
40 sq. ft.
8 ft.
15 ft.
2. Temporary ground sign or banner sign
Per parcel (a)
16 sq. ft./200 ft. of parcel frontage
16 sq. ft.
8 ft.
Equal to height of sign
(D) Instructional Sign:
Shall be exempt from regulations when in compliance with Section 1165.06(e).
 
(a) No limit on the number provided the total area of this type of sign does not exceed the maximum area permitted.
(b) But no closer than ten (10) feet from the pavement of the travel lane of the public or private street.
(c) See also subsection 1165.06(b)(3).
(d) See also subsection 1165.06(c).
(e) Or fraction thereof, except as otherwise permitted in Section 1165.06(b)(5) for lots that exceed five hundred (500) feet in street frontage.
DU = Dwelling Unit
   (b)    Supplemental Regulations for All Ground Signs.
      (1)    Ground signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots.
      (2)    No part of a ground sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
      (3)    For residential subdivisions, the ground sign shall have a maximum of two (2) sign faces per entrance and be either a double-faced ground sign or two (2) single-faced sign faces attached to walls or entry features located one on each side of the street entrance.
      (4)    For all parcels used for nonresidential purposes in residential districts, one (1) additional primary ground sign shall be permitted for every five hundred (500) feet of frontage. For corner lots, each street frontage shall be calculated separately. Ground signs on the same lot shall be separated by a minimum of two hundred (200) feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.
      (5)    For all parcels used for nonresidential purposes, a maximum of thirty (30) percent of the permitted ground sign area may be devoted to changeable copy.
         A.    The changeable copy shall not be changed more than once per day.
         B.    Changeable copy shall only be manually changed.
         C.    All changeable copy shall comply with the lettering style, lettering color, background color and all other elements approved as a part of the sign application. No alphabetic letter or number shall be used as a substitute for a different alphabetic letter or number.
   (c)    Supplemental Regulation for Temporary Signs.
      (1)    Temporary signs for residential uses permitted in Table 1165.06(a) may be erected for an unspecified time.
      (2)    On parcels used for nonresidential purposes, one temporary ground sign that does not exceed six (6) square feet may be erected for an unspecified time. All other temporary ground signs and temporary banner signs shall be permitted for a maximum of fifteen (15) consecutive days, not more than seventy-five (75) days per calendar year.
      (3)    Notwithstanding subsections (1) and (2) above, vacant parcels in residential districts shall be permitted one (1) temporary sign that may be erected for an unspecified time. The permitted sign area shall be eight (8) square feet for every two hundred (200) feet of lot frontage or fraction thereof, provided the sign shall not exceed thirty-two (32) square feet.
      (4)    Temporary signs that are erected in order to announce or advertise a specific event shall be removed within three (3) days after the close of such event.
   (d)    Illuminated Signs in Residential Districts. Permanent signs shall be permitted to be illuminated, provided such illumination complies with Section 1165.08.
   (e)    Instructional Signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed on a lot in a residential district when the lot is devoted to a multi-family or nonresidential use provided such signs comply with the following:
      (1)    The signs are not larger than necessary to serve the intended instructional purpose;
      (2)    The number of instructional signs located on the site are the minimum needed to serve the intended instructional purpose;
      (3)    Lettering on the sign does not exceed two (2) inches in height;
      (4)    The signs are not in a location and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the site.
         (Ord. 09-111. Passed 4-16-09.)

1165.07 PROHIBITED SIGNS.

   All signs not expressly permitted in this Chapter shall be prohibited in the Village. Such signs include but are not limited to the following:
   (a)    Billboards;
   (b)    Flags intended for advertising or commercial purposes;
   (c)    (EDITOR’S NOTE: Former subsection (c) was repealed by Ordinance 13-103, passed April 4, 2013.)
   (d)    Kiosk signs;
   (e)    Advertising signs which are attached to, mounted on, pasted on, painted or drawn on any vehicle, whether motorized or not, which is placed or parked at a location for the basic purpose of directing attention to products or business activity, sold on or off premises, except those permanent signs on commercial vehicles regularly used in the normal course of business. Such commercial vehicles shall not be parked closer to the street than the rear line of a building for a continuous period of 48 hours if the principal building has a rear parking area.
   (f)    Temporary directional signs, other than Municipal or emergency signs or those temporary signs as may be approved by Village Council.
   (g)    Flashing, moving, inflatable, blinker, racer type, intermittent, rotating, moving or revolving signs, whirligig devices, tethered inflatable signs, pennants, ribbons, streamers, spinners, exposed light bulbs, and strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices.
   (h)    The interior illumination of signs, except as expressly permitted in Section 1165.08(a)(2) and signs with characters, letters, figures, designs or outlines by electric lights or luminous tubes as part of the sign.
   (i)    Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes.
   (j)   Permanent signs erected or attached to accessory structures.
      (Ord. 09-111. Passed 4-16-09.)
   (k)    No sign shall be placed on any curb, sidewalk, post, pole, hydrant, bridge, wall, tree, or other surface or structure located on public property or over or across any public street except as expressly authorized by the Mayor, Village Administrator, or the Zoning Inspector. The Village and any of its employees shall have the right, without notice, to remove any signs posted in violation of Section 1165.07(k), and to dispose of such signs in any manner approved by the Village Administrator, without compensation to the owner of the sign. No sign so removed shall be returned to the owner of the sign absent a payment by said owner to the Village of $50.00 per sign removed.
      (Ord. 17-135. Passed 12-7-17.)

1165.08 SIGN ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.

   In addition to ensuring compliance with the numerical standards of these regulations, the approval process shall consider the proposed sign according to the following standards:
   (a)    Illumination. Signs shall be permitted to be illuminated in compliance with the following:
      (1)    External Illumination: All signs that are permitted to be illuminated as enumerated in Section 1165.05 and 1165.06 above shall be externally illuminated, except as otherwise permitted in subsection (2) below and the external illumination shall comply with the following:
         A.    Only direct lighting from an external source shall be used to illuminate the sign.
         B.    The source of light shall not be visible from the street or adjacent property.
         C.    No variances to this Section 1165.08(a)(l) shall be sought or granted.
(Ord. 09-111. Passed 4-16-09.)
      (2)    Internal Illumination:
         A.    Internal illumination of signs is permitted for uses in all nonresidential districts provided that only reverse pan channel, or halo lighted letters, characters or graphics are permitted, except for Electronic Reader Boards, which will be limited to messages changed by glow cubes, light emitting diodes, cathode ray tubes, fluorescent discharge, or other similar technology approved by the Zoning Inspector.
         B.   Internally illuminated cabinets are permitted provided such cabinets shall consist of a solid opaque background with “knock-out” areas for copy, graphics and embellishments.
      (3)   Except for Electronic Reader Boards, signs shall not include animated, flashing, moving, or intermittent illumination in which any part of the message changes at a rate of more than once per day.
      (4)   Electronic Reader Boards shall not be illuminated by flashing, intermittent, or moving lights and no Electronic Reader Board may include any illumination which is flashing or intermittent.
      (5)   Light shall not be from a colored light source.
      (6)   No temporary sign shall be illuminated or have the potential to be illuminated.
(Ord. 13-103. Passed 4-4-13.)
   (b)    Construction Standards.
      (1)    The construction, erection, safety and maintenance of signs shall comply with Part Thirteen - the Building Code.
      (2)    Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (3)    Permanent signs shall be constructed and erected to withstand wind pressures of at least (30) pounds per square foot of surface, and shall be fastened, suspended or supported so that they will not be a menace to persons or property.
      (4)    Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
      (5)    No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.
      (6)    No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
      (7)    Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
      (8)    No sign regulated by any of the provisions of this Chapter shall be erected in the right-of-way, in proximity to railroad crossings, or at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign or device as defined in the Manual of Uniform Traffic Control Devices; or which makes 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.
      (9)    No temporary sign shall have moveable lettering or lettering capable of being moved or replaced.
   (c)    Maintenance. All signs shall be maintained in accordance with the following:
      (1)    The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements and the requirements of this Chapter.
      (2)    If the Zoning Inspector finds that any sign is unsafe, insecure, a menace to the public; or constructed, erected, or maintained in violation of the provisions of this Code, notice shall be given in writing by the Zoning Inspector to the property owner, occupant, or other person responsible for the sign. The property owner, occupant, or other person responsible for the sign shall, within forty-eight (48) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the forty-eight (48) hours, the sign may be removed or altered by the Village to comply with these regulations at the expense of the property owner, occupant, or other person responsible for the sign. The Village Administrator may cause any sign, which, in the Village Administrator's opinion, creates an immediate danger to persons or property to be removed immediately and without prior notice.
      (3)    Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a Zoning permit or any payment of fees provided that all of the following conditions are met:
         A.    There shall be no alteration or remodeling to the sign base, sign support(s) or the mounting of the sign itself.
         B.    There shall be no change in location or in any of the dimensions of the sign or its structure.
         C.    The sign shall be an accessory to a legally permitted, conditional or nonconforming use.
      (4)    The Zoning Inspector may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supports, guys, braces and anchors for such signs shall be maintained in a safe condition, and it shall be unlawful for the owners or person having charge of such sign not to remove the same after notice from the Zoning Inspector.
      (5)    Any permanent sign which advertises a business no longer conducted on the premises or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure or land upon which such sign is located, within thirty (30) days after written notice by the Zoning Inspector. A party served with such notice shall have the right to appeal the Zoning Inspector's order by filing a notice or appeal with the Zoning Board of Appeals within thirty (30) days of receipt of the notice. Upon failure to file a timely notice of appeal and failure to comply with such notice within the time specified in such order, the Village Administrator is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign is located.
      (6)    If a sign, its letters or its message are designed and approved by a Village issued permit to be internally illuminated and the sign or any of its letters or messages are only partially lit, all illumination of the sign shall be discontinued until the sign is repaired and properly illuminated as it was designed and approved in the permit for the sign.
         (Ord. 09-111. Passed 4-16-09.)

1165.09 REGULATIONS FOR NONCONFORMING SIGNS.

   (a)    Maintenance of Nonconforming Signs. Nonconforming signs shall be maintained in good condition pursuant to this Chapter and may continue until such sign is required to be removed as set forth in this Chapter.
   (b)    Alteration, Relocation or Replacement of Nonconforming Signs. A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into compliance with the provisions of this Chapter, except as otherwise permitted in this Chapter.
   (c)    Reconstruction of Damaged Sign. If a sign face and/or its support is damaged to the extent where the repair costs exceed 50% of the replacement cost of the sign, the sign shall be removed or brought into compliance with this Chapter. If the repair costs do not exceed 50% of the replacement cost of the sign, the sign may be repaired, subject to approval of consistency in design by the Zoning Inspector and provided all repair work is completed within sixty (60) days of the date the damage was incurred.
   (d)    Termination. A non-conforming sign shall immediately lose its legal nonconforming status, and shall be brought into conformance with this Chapter or removed, when any of the following occur:
      (1 )    The size or shape of the sign is changed.
      (2)    The sign structure is altered or moved.
      (3)    If the property upon which the sign is located ceases to be used for a period of six (6) months or more.
   (e)    Historic Signs. The Planning Commission may grant exceptions to these standards whenever a sign has been designated as a historic landmark pursuant to applicable law.
(Ord. 09-111. Passed 4-16-09.)

1165.10 DESIGN STANDARDS.

   All permanent signs reviewed by the Zoning Inspector shall comply with the following Standards.
   (a)    Diversity/Cohesiveness of Signs Seen in a Series. Within a commercial area or development where multiple storefronts are situated side by side, the level of variety of cohesiveness in the design of signs that are seen in a series or sequence should be commensurate with the level of variety or cohesiveness presented by the architecture of the building(s):
      (1)    Variety in the design of signs among different storefronts should be encouraged when the architecture of the building(s) suggests variety.
      (2)    Storefronts with common architectural element should have signs that share continuity of design so that the placement and design of individual signs contribute to the cohesive appearance created by the common architectural elements. For example, a series of storefronts that, because of their architecture and design, have the appearance of a single building should have occupant signs that share common elements. (See Figure 4.)
 
      (3)    Sign Plans. Owners of multi-occupant building shall develop Sign Plans in conformance with Section 1165.11(c)(4) for the building and site to aid in determining the level of variety/cohesiveness required for signs.
   (b)    Placement of Signs on Buildings. Signs should be designed and placed on buildings to be compatible with and complement the appearance of the building.
      (1)    All signs should be reviewed for their impact on the overall building facade.
      (2)    The sign and associated lighting fixtures should complement the architecture of the building on which it is placed and should be placed in an appropriate location on the building facade.
      (3)    If the building design does not clearly identify the appropriate placement for a sign panel (see Figure 5), then individual letters are encouraged unless there is a clear location for adding panels, such as establishing one or more repetitive, common architectural features in order to create a repetitive sequence. (See Figure 6.)
 
      (4)    Whenever a new or renovated sign is proposed for an existing building:
         A.    It may be determined that building alterations are needed in order for the proposed sign to be properly placed on the building facade.
         B.    Any inappropriate and extraneous elements from past remodeling project(s) should be removed prior to the design of the proposed sign and restore the intended character of the building.
      (5)    A sign should be confined within the fascia consistent with signs on adjacent buildings and shall not extend beyond the identified signable area on the building or cover edges of the sign panel.
      (6)    In multi-occupant building, signs for the first floor occupants should not extend above the windowsill of the second story unless the establishment is also located on the second floor.
      (7)    Colors of the sign and the sign background should be compatible with the building's colors.
   (c)    Specific Standards for Projecting Signs, and Ground Signs.
      (l)    Projecting Signs. The size of the lettering and graphics on a projecting sign should be appropriate for viewing by pedestrians.
      (2)    Ground Signs. The design and placement of ground signs and associated lighting fixtures should complement the overall visual appearance of the site:
         A.   Ground signs should be designed to relate to and share common design elements with the building and sign(s) attached to the building.
         B.    Whenever a building is located thirty (30) feet or more from the street, its ground sign should be placed on a solid base.
         C.    Approved year-round landscaping shall be used around the base of the sign to screen lighting fixtures and sources in compliance with Section 1165.08 (a)(1)(B). (See Figure 8.)
 
         D.    When properly screened, the lower two (2) feet of the solid base of a ground sign may be exempt from the sign area calculation. (See Figure 8.)
         E.    Ground signs should be spaced or combined along the street frontage in a manner that ensures that one ground sign does not obscure the view of another ground sign.
         F.    A ground sign that provides a directory of occupants for a multi- occupant building should have simplicity of design to compensate for the additional amount of information provided (i.e. utilize common elements such as the same background color, or other common elements, etc.)
   (d)    Overall Design of Signs (Wall, Awning, Window, Projecting and Ground Signs).
      (1)    The size and shape of the sign shall be in proportion to the space the sign is to occupy:
         A.    A sign (whether comprised of a panel or individual letters) should not exceed approximately 70% of the height and length of the signable area of the building. (See Figures 9,10 and 11.)
 
 
Figure 10. Height and width of sign panel should not exceed 70% of the height and width of signable area. Height and width of lettering should not exceed 70% of the height and width of sign panel.
Figure 11. Height and width of sign comprised of individual letters should not exceed 70% of the height and width of signable area.
         B.    The lettering within a sign panel should not exceed approximately 70% of the height and length of the sign panel. (See Figure 10.)
      (2)    Elements of the sign should create an overall cohesive design, reflect simplicity, avoid visual clutter and ensure legibility. Each sign should:
         A.    Be consolidated into a minimum number of elements, whether words, symbols, or graphics.
         B.    Have a simple shape,
         C.    Have appropriate contrast,
         D.    Be designed with a limited number of, and harmonious use of, colors,
         E.    Be constructed with a minimum number of materials.
      (3)    The message should be easy to read from the intended vantage point- public street, public sidewalk, or public parking lot - but not be out of scale with the building, site or streetscape.
         A.    The ratio of the message to the background should permit easy recognition of the message.
         B.    Lettering size should be the size needed to ensure the sign can be seen from the intended distance.
         C.    The number of items of information displayed should be consistent with the amount of information that can be comprehended by the intended viewer.
            1.    Generally ten (10) items or less of information per sign are a typical amount of information the average person can comprehend while driving. This is based upon the principle that the more readable the type face and the better the contrast between the letter and the background, the more readable and comprehendible the sign.
            2.    An item of information includes a symbol, geometric shape, logo, word, abbreviation or number, or a grouping of letters and numbers which together convey meaning. For signs combining different shapes, each shape may be considered an item of information. (See Figure 12.)
 
         D.    Lettering and numbers less than three (3) inches in height should only be used when intended to be viewed from a vantage point on the interior of the site, such as after the vehicle has entered the site or by pedestrians.
         E.    For awning signs, the sign graphics should be located on the portion of the awning fabric that hangs perpendicular to the horizontal plane of the ground, below the awning's support structures.
      (4)    All plaques hanging from the same projecting sign supports should have a compatible size, shape and color so that the entire projecting sign has an overall cohesive design.
      (5)    All wall signs, projecting signs, ground signs and wall signs mounted on a panel should have a compatible frame or border.
      (6)    The aggregate exterior lighting used to illuminate any one face in a residential district should not exceed an initial lumen output of 2850 lumens (equivalent to a 150 watt incandescent A lamp).
   (e)    Sign Construction. All signs shall be framed, constructed, and erected so as to complement the overall appearance of the building and site as well as the overall appearance of the sign.
      (1)    Sign Graphics. A sign's graphic elements shall be executed in a professional manner.
      (2)    General Sign Construction.
         A.    All signs shall be constructed, and erected in a professional and workmanlike manner.
         B.    Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (3)    Materials.
         A.    Signs should be fabricated on and of materials that are of permanent quality, good durability and are complimentary to the building of which they become a part.
         B.    Materials used should be those materials that weather well and reduce maintenance.
         C.    Signs should have a matte finish, not have a glossy or reflective finish.
      (4)    Framing And Supports.
         A.    Visible frames or supports for freestanding or projecting signs should be:
            1.    In scale with the size and character of the building;
            2.    Designed either as a key element of the sign or minimized so as not to detract from the sign.
         B.    All signs attached to buildings shall be attached in a manner that preserves the historic integrity of the building.
         C.    No part of any sign shall be revolving, oscillating or otherwise designed to move to attract attention.
            (Ord. 09-111. Passed 4-16-09.)

1165.11 ADMINISTRATIVE PROVISIONS.

   (a)    Compliance with this Chapter. No person shall erect, locate, move, alter, or replace any sign or cause a sign to be located or maintained, unless all provisions of this Chapter have been met.
   (b)    Signs Requiring a Zoning Permit. To ensure compliance with these regulations, a Zoning permit shall be obtained for all signs including temporary ground signs and banner signs, unless specifically exempted below, and except ideological signs.
   (c)    Application Requirements.
      (1)    An application for a Zoning permit shall be made to the Village of Middlefield on the form provided and in the manner required.
      (2)    When any person other than the owner of the property submits an application, the owner of the property or an authorized agent for the owner shall also sign such application.
      (3)    Each application shall be accompanied by drawings to scale, showing:
         A.    The width of the building face which abuts the frontage street and, for a building located on a corner lot, the building depth facing the secondary street.
         B.    The design and layout proposed including the total area of the sign, the size, character and color of letters, lines and symbols.
         C.    The method of illumination, if any.
         D.    The exact location of the sign in relation to the building and property.
         E.    Details and specifications for construction, erection and attachment as may be required.
      (4)    Applicants shall, when required pursuant to this Section, submit a Sign Plan for review and approval by the Planning Commission.
         A.    A Sign Plan shall be required for all multi-occupant buildings and shall be submitted by the owner of a multi-occupant building whenever:
            1.    A new multi-occupant building is constructed; or
            2.    An existing building is renovated, or remodeled and after the renovation or remodeling, there is more than one occupant that occupies the remodeled or renovated building; or    
            3.    When a replacement sign is proposed for an existing multi- occupant building.
         B.    The Sign Plan shall create a set of specific standards for sign design and placement on the proposed building, and on the site.
         C.    The Sign Plan shall include the following:
            1.    Building sections and elevations drawn at an appropriate scale.
            2.    Computation of the maximum total sign area and the maximum area of signs for individual storefronts or building units affected by the Sign Plan.
            3.    An accurate indication on the elevation/section drawings of the location of each existing and proposed sign.
         D.    The Sign Plan shall specify one or more standards for consistency among all signs on the multi-occupant building(s) included in the Sign Plan with regard to and in the priority of the elements listed below:
            1.    Uniform sign placement and/or height;
            2.    Uniform size and/or shape;
            3.    Type of sign construction (materials) and letter components (i.e., sign panel vs. raised letters) and framing;
            4.    Type of lighting, and the type of lighting fixtures, if any;
            5.    Uniform background colors or harmonious use of a limited range of complementary background colors, and/or harmonious use of a limited range of complementary colors for the sign lettering.
         E.    The complexity of the Sign Plan shall be based on the level of variety/cohesiveness of the building architecture and the surrounding area. When a building exhibits a high degree of architectural uniformity, the Sign Plan should require a high degree of consistency among sign elements and therefore, should specify standards for most or all of the elements set forth in subsection (D) above.
   (d)    Sign Review.
      (1)    The Zoning Inspector shall review and act on applications for permanent signs that exceed two (2) square feet, according to the standards set forth in this Chapter.
      (2)    The Zoning Inspector shall review all temporary signs, except as otherwise specifically exempted below.
      (3)    The erection of the following signs shall not require a Zoning permit provided that all applicable regulations of this Chapter are complied with:
         A.    Sign plates for residential uses;
         B.    Temporary signs in residential districts;
         C.    Ideological signs;
         D.    Maintenance of existing signs in compliance with Section 1165.07.
         E.    Signage which is an integral part of the original construction of vending machines, fuel pumps or similar devices;
         F.    Holiday decorations displayed for customary periods of time;
         G.    Temporary A-Frame signs;
         H.    Window signs
   (e)    Referral of Application to the Planning Commission. The Zoning Inspector, upon receiving an application, shall examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure.
      (1)    If upon review it appears that the proposed sign is in compliance with this Chapter and all other ordinances of the Village the Zoning Inspector may issue a Zoning permit; the Zoning Inspector may, at his discretion refer the application to the Planning Commission, and its approval must be obtained before the Zoning permit is issued.
         A.    The Planning Commission has the discretion to waive the submission of any items as deemed appropriate.
         B.    When approved by the Planning Commission, the application shall be returned to the Zoning Inspector, who shall issue the Zoning permit. (Ord. 09-111. Passed 4-16-09.)
         C.    If the applicant is dissatisfied with a discretionary determination by the Zoning Inspector, or Planning Commission, the applicant may appeal that determination to the Geauga County Court of Common Pleas pursuant to Chapter 2506 of the Ohio Revised Code.
            (Ord. 13-150. Passed 1-9-14.)
   (f)    If construction of the sign has not commenced in one (1) year from the issuance of a Zoning permit the permit shall become null and void, if the construction is not completed in two and a half (2-1/2) years the permit shall become null and void. The applicant may reapply for the sign pursuant to the procedures set forth in this chapter.
(Ord. 09-111. Passed 4-16-09.)

1167.01 DEFINITION.

   “Satellite dish antennas” means any device incorporating a reflective surface that is solid, open-mesh or bar configured, is in the shape of a shallow dish, cone, horn, cornucopia or flat plate, and is used to transmit and/or receive radio or electromagnetic waves or other signals between terrestrially and/or orbitally based units. This definition is meant to include but not be limited to what is commonly referred to as satellite earth stations, satellite receivers, satellite dishes, direct broadcast systems (DBSs), television reception only systems (TVROs) and satellite microwave antennae. “Satellite dish antennas” shall not include any device for personal reception of digital satellite service, which is 18 inches or less in diameter, provided that such device is installed on the side or roof of the building which it services.
(Ord. 96-132. Passed 8-1-96.)

1167.02 PERMIT REQUIRED.

   No person, firm or corporation shall erect a satellite dish antenna in the Village without a conditional zoning permit, and no installation or erection shall commence before a conditional zoning permit is issued in accordance with Section 1167.03.
(Ord. 91-103. Passed 3-4-91.)

1167.03 APPLICATION FOR PERMIT; PLANS.

   (a)   Any person, firm or corporation who intends to construct or erect a satellite dish antenna shall apply for a hearing before the Zoning Board of Appeals for a conditional zoning permit referred to in Section 1167.02. An applicant who is not the owner of a lot, premises or parcel of land on which such construction or erected satellite dish antenna is proposed shall submit with his application the written consent of the owner to the placement of the satellite dish antenna.
   (b)    The applicant shall submit the conditional zoning permit application upon forms provided by the Fiscal Officer’s office along with a site plan of the lot, premises or parcel of land, showing the exact location of the proposed satellite dish antenna and the locations of all buildings on the subject lot; a description of the kind of satellite dish antenna proposed; three complete sets of construction plans, specifications and elevations of the proposed location with sufficient details to show the method of assembly and construction; and, the manufacturer's installation requirements and product specifications. Each set of plans and specifications shall show the complete name and address of the subject property owner and the complete name and address of the person who prepared the plans and specifications. The application shall indicate the owner or owners of the subject property, the occupant of the subject premises and the contractor or other person who will be permitted to construct or erect the proposed satellite dish antenna and who shall be a licensed contractor pursuant to the regulations of the County of Geauga.
   All construction plans shall be certified with a professional mechanical or civil engineer's stamp licensed in Ohio. However, a resident who proposes to construct the satellite dish antenna by himself on property within a residential district and for his own non- commercial use shall not be required to have his construction plans certified by a professional engineer and shall not be required to employ a licensed contractor for such construction. This exemption shall in no way apply to any other provision of this chapter.
 
   (c)    Such application shall be submitted to the Fiscal Officer’s office and be subject to the provisions set in Chapter 1135. In all cases the Board shall consider the applicant's right to reasonable satellite signal reception when the Board determines whether to approve an application pursuant to this chapter.
(Ord. 91-103. Passed 3-4-91.)

1167.04 LOCATION OF SATELLITE DISH ANTENNA.

   (a)    Residential Districts.
      (1)    No satellite dish antenna used for transmission purposes shall be allowed and no more than one receive-only antenna shall be located on each lot.
      (2)    Satellite dish antennas in residential districts shall comply with the setback requirements for accessory structures in such districts, as set forth in Chapter 1155. This requirement may be varied upon a finding that reasonable signal reception cannot be received from an otherwise permitted location and the burden on any adjoining property owner is insubstantial.
      (3)    The satellite dish antenna shall not be installed in the area between the lot's front property line and the residential structure located thereon or in any side yard.
      (4)    The satellite dish antenna shall be ground-mounted or located within a permitted structure.
      (5)    The satellite dish antenna shall only be linked to receivers located on the same lot or premises as the antennae.
   (b)    Nonresidential Districts.
      (1)    The satellite dish antenna shall comply with the principal use setback requirements for the district in which it is located if the satellite dish antenna constitutes the principal use of the property or the satellite dish antenna is located on property which adjoins a residential district or lot. In all other circumstances, the antenna shall be at least ten feet from the property line.
       (2)    The satellite dish antenna shall not be installed in the area between the lot's front property line and the primary structure located thereon.
       (3)    The satellite dish antenna shall be ground-mounted, located within a permitted structure or on a flat roof.
       (4)    A satellite dish antenna shall only be linked to receivers or transmitters located on the same lot or premises as the antenna. Separate lots under common ownership or use shall be deemed to be the same premises for purposes of this section.
          (Ord. 91-103. Passed 3-4-91.)
 

1167.05 STRUCTURAL AND AESTHETIC CONSIDERATIONS.

    (a)    Only metal support, galvanized construction or equivalent, shall be allowed.
   (b)    Only a concrete base or caissons, depending on soil conditions, shall be employed in line with grade.
 
   (c)    The structure shall be designed to withstand wind force of up to eighty-five miles per hour in a manner conforming with good engineering practices.
 
   (d)    Any driving motor shall:
      (1)    Be limited to 110 volt maximum power design;
      (2)    Be encased in protective guards; and
       (3)    Be in compliance with the requirements set forth in the National Electrical Code, Article 800 and related articles.
 
   (e)    All electrical wiring must be underground and encased in approved PVC conduit or rigid metal conduit with eighteen inch cover, meet with the approval of the Geauga County Building Department and comply with the requirements set forth in the National Electrical Code, Article 800 and related articles.
 
   (f)    The satellite dish antenna must be bonded to an eight-foot grounding rod and must meet the requirements set forth in the National Electrical Code, Article 20 and related articles.
 
   (g)    Any application that seeks to construct a roof-mounted antenna shall be accompanied by written documentation of the load distribution within the building's support structure and shall be certified by a civil or structural engineer.
 
   (h)    The structure must be in conformance with the National Electrical Code, Article 800 and related articles.
 
   (i)    All ground-mounted satellite dish antennas shall be permanently affixed to the ground and shall not be of portable type construction.
(Ord. 91-103. Passed 3-4-91.)

1167.06 HEIGHT AND SIZE.

    (a)    In Residential Districts.
       (1)    The height of satellite dish antennas shall comply with the maximum height limitation of accessory structures. This requirement may be varied if:
          A.    Compliance is not possible for reasons beyond the control of the applicant, (e.g., the required orientation for reasonable reception demands a greater height).
         B.    The proposed antenna height will not exceed the maximum height allowable for the residential structure;
          C.    Adequate structural integrity is employed in the anchoring and construction of the antenna;
          D.    The increased height is compatible with surrounding uses; and
          E.    Any screening requirements imposed by the Board, in addition to those set forth in Section 1167.07 are complied with;
       (2)    The maximum size of satellite dish antennas shall be twelve feet in diameter.
 
    (b)   In Nonresidential Districts.
       (1)    The height of satellite dish antennas shall not exceed that permitted for principal use structures in the district. This requirement may be varied for roof-mounted satellite dish antennas, provided that the diameter of the dish is less than twenty-five percent (25%) of the height of the building;
      (2)    The maximum size of satellite dish antennas shall be seven meters in diameter. This requirement may be varied if the Board finds that the proposed larger size will be compatible with the environment and surrounding uses.
          (Ord. 91-103. Passed 3-4-91.)

1167.07 SCREENING AND APPEARANCE.

   (a)    Either a solid fence, at least five feet in height measured from the top of the concrete base or caissons specified in Section 1167.05(b), shall be erected or landscaping shall be planted, sufficient to form a permanent visual barrier of five feet in height or grade, whichever is higher, so as to permanently shield most of the structure from view from adjoining properties and public rights of way. Notwithstanding the requirements of this section, only such landscaping or fencing as shall not block the incoming reception signals to the satellite dish antenna shall be required on the reception side of the antenna.
 
   (b)    No lettering, numerals, symbols, pictorial signs or designs or advertising shall be permitted on any surface of the antenna.
 
   (c)    All satellite dish antennas shall be a nonreflective, nongloss finish of flat black, gray, earth tones or such other color as the Board finds to be compatible with the proposed location of the antenna.
 
   (d)    In residential districts, all satellite dish antennas shall be made of open-mesh material.
 
   (e)    In nonresidential districts, all transmitting satellite dish antennas shall have sufficient fencing on all sides, in addition to the fencing and landscaping required in subsection (a) hereof, as the Board determines to be necessary to keep people away from the antenna and to adequately protect the health, safety and welfare of the residents.
(Ord. 91-103. Passed 3-4-91.)

1167.08 DISMANTLING AND REMOVAL.

   In the event that the residence, commercial structure or office building or such other facility is sold or otherwise transferred, it shall be the responsibility of the seller or conveyor of such premises upon which a satellite dish antenna is located to cause the same to be dismantled completely, including all support structures and appurtenances, and removed from the property. However, if the purchase contract or other means of conveyance provides specifically for the satellite dish antenna to remain in place for the use by the successive possessor of the property, then this provision shall not apply.
(Ord. 91-103. Passed 3-4-91.)

1167.09 EXISTING SATELLITE DISH ANTENNAS.

   Any use of a satellite dish antenna for which a zoning permit has been issued prior to the effective date of this section may be continued although such use does not conform with the provisions of this chapter. Such nonconforming antennas shall be maintained in good repair and in a neat and clean condition. No structural alteration shall be made thereto, unless to preserve the safety of the antenna or to bring the antenna into compliance with this section. Any structural alteration or change in the appearance of the antenna shall comply with the provisions of this chapter, and shall be deemed to extinguish the antenna's pre-existing use status, if any.
(Ord. 91-103. Passed 3-4-91.)

1167.99 PENALTY.

   Whoever violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth degree.
(Ord. 91-103. Passed 3-4-91.)

1168.01 DEFINITIONS.

   For purposes of this Chapter 1168, the terms set forth herein shall be defined as follows.
   (a)   "Electric Vehicle" shall mean any vehicle that operates either partially or wholly on electrical energy from an off-board source that is stored on-board for motive purposes.
   (b)   "Electrical Vehicle Supply Equipment" ("EVSE") shall mean a fueling device or unit that supplies electric energy for charging an electric vehicle. Such equipment is classified according to output voltage and the rate at which it can charge a battery as established by the Society of Automotive Engineers ("SAE").
   (c)   "Electric Vehicle Supply Equipment Space" or "EVSE Space" shall mean off-street parking spaces, parking garages, or designated charging area with electric vehicle supply equipment ("EVSE"). (Ord. 23-119. Passed 6-8-23.)

1168.02 ELECTRIC VEHICLE SUPPLY EQUIPMENT AND EVSE SPACES.

   (a)   The minimum size of an EVSE space shall be ten (10) feet in width and twenty (20) feet in length.
   (b)   The EVSE space shall count towards determining the minimum number of off-street parking spaces required by this zoning code for the affected zoning district in accordance with Chapter 1157 of the Codified Ordinances.
   (c)   The maximum number of EVSE spaces on a lot shall be two (2) or five percent (5%) of the total off-street parking spaces for the affected use or zoning district as required in Chapter 1157 of the Codified Ordinances.
   (d)   The EVSE space shall be designated by pavement identification markings and a permanent sign immediately adjacent thereto with a maximum face size of four (4) square feet.
   (e)   EVSE shall be protected by permanent concrete filled bollards a minimum of three (3) feet in height or by full depth concrete curbing a minimum of twelve (12) inches in height.
   (f)   EVSE and any related above-ground infrastructure shall be located a minimum of ten (10) feet from any fire access lane, fire hydrants, or any other fire protection equipment.
   (g)   A fire department emergency power disconnect shall be provided and located within fifty (50) feet of the EVSE and supporting electrical equipment, but no closer than ten (10) feet to any EVSE or cabinet, and shall conform with the following additional requirements:
      (1)   The disconnect shall be mounted at a height of sixty inches above the finished grade level.
      (2)   A sign with a minimum face size of four (4) square feet with a red background and two (2) inch white lettering stating "FD Emergency Shutoff - Electric Vehicle Charging Station" shall be installed at each disconnect.
         (Ord. 23-119. Passed 6-8-23.)

1168.03 PERMITTED ACCESSORY USE.

   An Electric Vehicle Supply Equipment space may be installed as a permitted accessory use to a permitted principle or conditional use in the GC - General Commercial District, CB - Central Business District, I- Industrial District, I-O - Industrial Office District, I-PUD - Planned Unit Industrial Development District, and C-PUD - Planned Unit Commercial Development District.
(Ord. 23-119. Passed 6-8-23.)

1168.04 PERMITTING.

   Prior to issuance of a permit for construction of any EVSE or EVSE space, the Fire Department shall conduct an inspection of plans and certify to the Village's Zoning Inspector that:
   (a)    The proposed EVSE and/or EVSE space comply with the applicable provisions of the Ohio Fire Code, as adopted in Codified Ordinance Chapter 1501, and
   (b)    The proposed EVSE and/or EVSE space comply with the provisions set forth in Codified Ordinance Section 1168.03(f) and (g) herein.
      (Ord. 23-119. Passed 6-8-23.)

1169.01 PURPOSE AND INTENT.

   (a)    It is the purpose of this Chapter of the Zoning Code to regulate wireless telecommunications antennas, towers, and facilities in order to promote public health, safety, and morals in accordance with the Village's Comprehensive Plan. These regulations and conditions are warranted and necessary to:
      (1)    Protect residential districts and land uses from the potential adverse impacts of wireless telecommunications towers, antennas and facilities;
      (2)    Accommodate wireless telecommunication towers and facilities as authorized by the Federal Telecommunications Act of 1996 (Public Law 104-104) (as amended) in order to enhance telecommunications services and competition among wireless telecommunications services;
      (3   Promote collocation as an alternative to siting new wireless telecommunications towers and appurtenances, and to maximize the use of existing and approved towers and buildings to collocate new wireless telecommunications antennas;
      (4)    Protect adjacent lots from potential damage from wireless telecommunications tower failures through proper engineering and careful siting of such structures; and
      (5)    Encourage monopole wireless tower construction where feasible.
   (b)    The requirements of this Chapter shall be interpreted so that they do not unreasonably discriminate among providers of functionally equivalent services and so that they do not prohibit or have the effect of prohibiting the provision of personal wireless services.
   (c)    It is the intent of this Chapter that any requests for authorization to place, construct, or modify personal wireless service facilities will be acted upon within a reasonable period of time after the request has been duly filed.
   (d)    Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in the written record.
   (e)    This Chapter does not regulate and is not intended to regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions, provided that such facilities comply with the rules and regulations of the Federal Communications Commission and other branches of the federal government concerning such emissions.
(Ord. 01-127. Passed 9-20-01.)

1169.02 PERMITTED USES.

   Subject to the requirements of this Chapter and upon application for and issuance of a zoning permit under Chapter 1140, wireless telecommunications towers and their appurtenant facilities may be located, erected, constructed, reconstructed, changed, altered, removed, or enlarged only as follows:
   (a)    A wireless telecommunications antenna may be permitted on a lawfully existing telecommunications tower in any non-residential zoning district, as a collocation on said existing tower. A communications shelter appurtenant to such co-located antenna shall also be permitted.
   (b)    A wireless telecommunications tower and appurtenant facilities may be permitted within an existing, recorded and actively-used electric high tension power line easement.
      (Ord. 01-127. Passed 9-20-01.)

1169.03 CONDITIONAL USES.

   Except as provided by Section 1169.02, a wireless telecommunications tower and appurtenant facilities may be located, erected, constructed, reconstructed, changed, altered, removed or enlarged in only the I-Industrial, and I-PUD Zoning districts and only as a conditional use subject to the provisions of this Chapter, the approval of the Planning Commission, pursuant to the procedures for site plan review set forth in Section 1140.06 and the following additional conditions:
   (a)   No wireless telecommunications tower, equipment building, or appurtenant facility shall be located within a designated 100 year flood plain as depicted on the maps published by the Federal Emergency Management Agency for Geauga County.
   (b)    No wireless telecommunications tower, equipment building or appurtenant facility shall be located within a jurisdictional wetland as depicted on the maps published by the U.S. Fish and Wildlife Service, Department of the Interior, for Geauga County.
   (c)   A security fence not less than eight (8) feet in height shall fully enclose the base of the wireless telecommunications tower, the equipment building, and appurtenant facilities. Gates shall be locked at all times.
   (d)   Evergreen trees or shrubbery not less than eight (8) feet in height shall be planted along the exterior perimeter of the security fence so as to screen it from view. Existing vegetation on the site shall be preserved to the maximum possible extent. Landscaping on the site shall be continuously maintained and promptly restored as necessary.
   (e)   A report shall be prepared and submitted by a professional engineer licensed by the State of Ohio, and shall provide proof of compliance with all applicable federal, state, and county regulations. The report shall include:
      (1)   A detailed site plan as required by Sections 1140.06 and 1169.06;
      (2)   A detailed description of the wireless telecommunications tower, equipment shelter, and appurtenances as well as the tower's load capacity including the number and types of antennas it can accommodate;
      (3)   Documentation of compliance with the ANSI/EIA 222-F manual verifying the design and construction specifications for the tower;
      (4)   Documentation demonstrating that the tower is the minimum height necessary for its operation; and verifying that radio frequency (electromagnetic) emissions will be within compliance with the regulations of the Federal Communications Commission.
      (5)   A copy of the FCC license issued to the wireless telecommunications providers.
   (f)   A wireless telecommunications tower shall be painted a neutral color to minimize its visibility unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration.
   (g)   No advertising sign(s) shall be permitted anywhere on a telecommunications tower, equipment shelter, and appurtenances or on the site.
   (h)   At least one (1) and no more than four (4) warning signs, the maximum size of which shall be four (4) square feet, shall be posted on the site and shall include an emergency telephone number. No other signs shall be posted on the site.
   (i)   The applicant shall provide the Middlefield Volunteer Fire Department, the Middlefield Police Department, and the Geauga County Emergency Management Agency with information on who to contact, an address, and a telephone number in the event of an emergency.
   (j)   A wireless telecommunications tower, equipment shelter, and appurtenances shall not be artificially lighted except to assure safety as may be required by the Federal Aviation Administration. If lighting is required, white strobe lights shall not be permitted during night hours unless no other alternative is allowed by the FAA. Proof of compliance with all FAA criteria shall be required and a copy of the review by the FAA shall be submitted.
   (k)   The applicant shall submit a plan documenting how the wireless telecommunications tower, equipment shelter, and appurtenances will be maintained on the site.
   (l)   The driveway to the site shall be a minimum of ten (10) feet in width and shall be set back a minimum of ten (10) feet from the nearest side or rear lot line. There shall be a minimum of two (2) off-street parking spaces on the site.
   (m)   The owner/operator of a free-standing monopole wireless telecommunications tower shall be required to allow collocation for a minimum of two (2) additional antenna platforms of equal loading capacity for two (2) additional unrelated owners/operators. The owner/operator of a free-standing lattice wireless telecommunications tower shall be required to allow collocation for a minimum of five (5) additional antenna platforms of equal loading capacity for five (5) additional unrelated owners/operators. Agreement to this provision must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Zoning Inspector evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this regulation as well as all other applicable requirements, regulations and standards set forth herein.
   (n)   The owner of any wireless telecommunications tower erected under this Chapter shall be required to accept collocation of any other antenna(s), at prevailing market rates, except upon a showing of mechanical or technological nonfeasibility as set forth herein.
   (o)   A wireless telecommunications tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for additional users as set forth herein. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
   (p)   There shall be no storage outside of the security fence of equipment or other items on the site except during the construction period, for ordinary maintenance, or in times of a power outage.
   (q)   The minimum distance between wireless telecommunications towers and facilities shall be one thousand two hundred fifty (1,250) feet.
   (r)   If at any time the use of a wireless telecommunications tower, equipment shelter, and appurtenances is discontinued for sixty (60) consecutive days, said facilities shall be deemed abandoned. The Zoning Inspector shall notify the applicant in writing and advise that the facility must be reactivated within thirty (30) days or it must be dismantled and removed from the site at the cost of the owner or lessee. If reactivation or dismantling does not occur, the zoning permit for the site shall be revoked following a hearing thereon by the Planning Commission. During any period of discontinuance of said telecommunications facility, the owner/operator shall be responsible for the exterior maintenance of all equipment, appurtenances and landscaping. The subject lot shall at all times be kept in good repair.
   (s)   A wireless telecommunications tower shall not be located between the principal building or structure on a lot and a public road right-of-way.
   (t)   Free-standing wireless telecommunications towers, antennas, and appurtenances shall meet the following requirements:
      (1)   The maximum height of a freestanding monopole wireless telecommunications tower, including antenna(s), and appurtenances shall not exceed one hundred fifty (150) feet.
      (2)   The maximum height of a freestanding lattice wireless telecommunications tower, including antenna(s) and appurtenances shall not exceed two hundred (200) feet.
      (3)   The minimum setback from the nearest lot line to the base of a wireless telecommunications tower, antenna, and appurtenances shall be fifty percent (50%) of the height of the tower.
      (4)   The maximum size of an equipment shelter accessory to a freestanding monopole wireless telecommunications tower shall be four hundred (400) square feet and for a freestanding lattice wireless telecommunications tower the maximum size of the equipment shelter shall be nine hundred (900) square feet. The maximum height of an equipment shelter shall be twelve (12) feet. An equipment shelter shall be constructed in accordance with all OBBC, BOCA, and Geauga County building codes. The equipment shelter shall be subdivided so as to allow the installation of equipment for other providers who have collected on the same wireless tower.
      (5)   A free-standing monopole wireless telecommunications sower shell be designed to support the collocation of at least two (2) antenna platforms of equal loading capacity. A free-standing lattice wireless telecommunications tower shall be designed to support the collocation of at least five (5) antenna platforms of equal loading capacity.
      (6)   A wireless telecommunications tower, antenna, equipment building, and appurtenances shall comply with all of the regulations for the zoning district in which it is located, except as may otherwise be specified in this Section.
   (u)   Wireless telecommunications towers' antennas, and appurtenances mounted to a building or structure shall meet the following requirements:
      (1)   A wireless telecommunications tower, antenna, and appurtenances may be mounted to a lawfully existing building or structure (other than a dwelling) or to a proposed building or structure (other than a dwelling) provided the maximum height of the tower, antenna, or appurtenances shall not exceed thirty (30) feet above the highest point of the roof line.
      (2)   There shall be no more than four (4) wireless telecommunications tower(s) or antenna(s) mounted on an existing building or structure.
      (3)   A wireless telecommunications tower, antenna, and appurtenances shall comply with all of the dimension and area regulations for the zoning district in which it is located as specified by Chapter 1155.
      (4)   A written report prepared by a structural engineer licensed by the State of Ohio shall be submitted with the zoning application demonstrating that the building or structure for which a wireless telecommunications tower, antenna, and appurtenance is proposed will support same.
         (Ord. 01-127. Passed 9-20-01.)

1169.04 PROHIBITED AREAS.

   Except as provided by Section 1169.03, wireless telecommunications towers and facilities are prohibited in all commercial and residential districts and no zoning certificate shall be issued therefor.
(Ord. 01-127. Passed 9-20-01.)

1169.05 COLLOCATION REQUIREMENTS.

   (a)    The collocation of antennas on lawfully existing towers or structures shall be preferred over the construction of new wireless telecommunications tower sites.
   (b)   The zoning application for installation of a new telecommunications tower must demonstrate that there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on a lawfully existing tower or structure within the geographic area to be served.
   (c)    If another tower or structure or area is technically suitable, the applicant must show that it has requested to collocate an the existing tower and the collocation was rejected by the owner of the tower or structure or that it has requested all property owners with technically suitable locations within a two (2)-mile radius to permit it to locate a tower facility in all technically suitable area(s) under reasonable terms and that each request was rejected.
   (d)   Owners of existing towers located within the Village shall promptly respond to requests for collocation within thirty (30) days from the receipt of a written request sent by certified mail (return receipt requested) for collocation.
   (e)   Reasons that may demonstrate that collocation is not feasible include the following:
      (1)    The planned equipment would exceed the structural capacity of existing or approved towers or structures as documented by a professional engineer licensed in the State of Ohio; and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
      (2)    The proposed equipment would cause radio frequency interference with other existing or planned equipment which cannot be prevented at a reasonable cost as documented by a professional engineer licensed in the State of Ohio.
      (3)    The existing or approved towers or structures do not have space on them to accommodate the proposed equipment so it can function effectively and reasonably as documented by a licensed professional engineer.
      (4)    Collocation would violate federal, state, or county regulations.
      (5)    The location of existing towers or buildings is not technically suitable due to topography or other impediments to transmission as documented by a professional engineer licensed in the State of Ohio.
         (Ord. 01-127. Passed 9-20-01.)

1169.06 SITE PLAN.

   In addition to the information required by this Chapter and by Section 1140.06, the site plan for any wireless telecommunications tower or any appurtenant facility shall include the following items:
   (a)    The site plan shall be dated, prepared and signed by, and shall bear the stamp and registration number of a professional engineer licensed in the State of Ohio.
   (b)    The site plan shall be based upon a survey, drawn to scale, have a north arrow, and show the location and dimensions of the wireless telecommunications tower and appurtenant facilities from all lot lines, buildings, structures, and public road rights-of-way. A copy of the structural design prints from the manufacturer shall be provided for the wireless telecommunications tower, antenna(s), and equipment shelter.
   (c)    The height of the telecommunications tower and all appurtenant facilities above grade shall be provided and all potential mounting positions and locations of antennas shall be shown in order to evaluate collocation opportunities.
   (d)    The dimensions of all buildings, structures, driveways, parking area, and all appurtenant facilities shall be provided.
    (e)    Existing easements of record and proposed easements with dimensions shall be shown.
   (f)   A copy of a title examination for the subject premises shall be submitted.
   (g)   The shipping weight of the wireless telecommunications tower, antenna(s), equipment shelter(s), and all appurtenances shall be provided. The delivery route shall be given and subject to review as to road weight limits.
   (h)   Proof of compliance with the regulations of the Geauga Soil and Water Conservation District with respect to soil erosion and stormwater runoff shall be submitted.
      (Ord. 01-127. Passed 9-20-01.)

1169.07 FEES.

   In addition to general application fees for a zoning certificate specified by Section 1140.04, the applicant for a wireless telecommunications tower and appurtenant facilities shall also post a cash or surety bond of not less than one hundred dollars ($100.00) per vertical foot of the telecommunications tower, as measured from natural grade, to ensure that all conditions of this Chapter, including the requirements for removal of a discontinued use, are met. The bond shall be posted prior to the issuance of the zoning certificate.
(Ord. 01-127. Passed 9-20-01.)

1170.01 PURPOSE.

   The purpose of this chapter is to allow solar farms in Industrial Districts subject to setback, height, screening, maintenance, safety and decommissioning requirements, subject to conditions placed by, and the approval of, the Village Planning and Zoning Commission.
   (a)   This chapter shall regulate Ground Mounted Solar Energy Systems applications filed with the Village Planning and Zoning Commission.
   (b)   Installation of any Ground Mounted Solar Energy System shall be permitted in an Industrial District (I), subject to any conditions placed on such use by the Village Planning and Zoning Commission in accordance with this Chapter 1170.
      (Ord. 23-121. Passed 6-8-23.)

1170.02 DEFINITIONS.

   For purposes of this Chapter 1170, the terms set forth herein shall be defined as follows.
   (a)   "Solar Energy System" shall mean a facility that has the primary purpose of harvesting energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical or chemical means.
   (b)   "Ground Mounted Solar Energy System" shall mean (i) a solar energy system that is structurally mounted to the ground that (ii) has the physical size based on total airspace projected over the ground greater than 20,000 square feet; and (iii) that is not directly connected to a residential dwelling.
      (Ord. 23-121. Passed 6-8-23.)
   

1170.03 DIMENSIONAL REQUIREMENTS.

   (a)   Ground Mounted Solar Energy Systems will not exceed twenty (20) feet in height.
   (b)   Any hardware or structure installed in connection with any Ground Mounted Solar Energy System shall be set back not less than fifty (50) feet from each of the front, rear and side property lines.
   (c)   The lot coverage for Ground Mounted Solar Energy Systems shall be calculated based on the area of the supporting structure that is in contact with the ground, and not the area of the panels as long as the area under the panels remains vegetated.
(Ord. 23-121. Passed 6-8-23.)

1170.04 SCREENING, SECURITY, MAINTENANCE AND REGULATORY COMPLIANCE.

   (a)   Subject to the approval and any conditions placed by the Village Planning and Zoning Commission, the lots on which Ground Mounted Solar Energy Systems are located shall be buffered from roads and residences by plantings, berms and natural topographic features, any of which may be required to provide screening, or to ensure the health, safety and welfare of residents and motorists.
   (b)   Subject to the approval and any conditions placed by the Village Planning and Zoning Commission, the lots on which Ground Mounted Solar Energy Systems are located shall be protected by a perimeter fence. One or more signs shall be affixed to the perimeter fence identifying the owner or operator of the Ground Mounted Solar Energy System and listing emergency contact information.
   (c)   For purposes of emergency services, the owner or operator of a Ground Mounted Solar Energy System shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief of the Village Fire Department. Upon request, the owner or operator shall cooperate with the Fire Department in developing an Emergency Response Plan. All means of shutting down the Ground Mounted Solar Energy System shall be clearly marked on the plan. The owner or operator shall identify a responsible person to the Village Zoning Inspector and the Fire Chief for inquiries throughout the life of the Ground Mounted Solar Energy System.
   (d)   The owner or operator of a Ground Mounted Solar Energy System shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, vegetation control and integrity of security measures. Site access shall be maintained to a level acceptable to the Village Fire Chief. The owner or operator shall be responsible for the cost of maintaining any necessary access roads required by the Planning and Zoning Commission, unless such access roads are public roadways.
   (e)   The owner or operator of a Ground Mounted Solar Energy System shall build and maintain such system in compliance with all applicable federal, state and local laws, regulations and ordinances.
(Ord. 23-121. Passed 6-8-23.)

1170.05 PERFORMANCE GUARANTEE.

   After the plan is approved by the Planning and Zoning Commission but before a permit is issued, the applicant for a Ground Mounted Solar Energy System shall submit to the Village Administrator a performance guarantee in the amount of one hundred twenty percent (120%) of the applicant's estimated demolition cost of the Ground Mounted Solar Energy System, subject to review and approval of the estimated cost by the Village Administrator and Zoning Inspector. The applicant may apply for the release of the guarantee at such time that it or its assignee removes the Ground Mounted Solar Energy System and associated abandoned structures, and such completed removal is found to be satisfactory by the Code Enforcement Officer. The security obligation hereunder may be satisfied by the posting of a surety bond, guarantee, letter of credit or other security instrument, subject to approval of the Village Solicitor.
(Ord. 23-121. Passed 6-8-23.)

1170.06 DECOMMISSIONING AND REMOVAL.

   (a)   Any Ground Mounted Solar Energy System that has reached the end of its useful life, ceases to generate power or has been abandoned shall be removed pursuant to a plan approved by the Planning and Zoning Commission during the application and site plan approval process. The owner or operator shall remove physically the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Zoning Inspector by certified mail, return receipt requested, of the proposed date of the discontinued operations and plans for removal. The zoning Inspector shall have the right to declare a Ground Mounted Solar Energy System as abandoned, which shall trigger the owner or operator's obligations hereunder, provided, however, that any such decision of the Zoning Inspector must be provided to the owner or operator, subject to appeal to the Planning and Zoning Commission within fifteen (15) days of any such decision.
   (b)   Decommissioning shall consist of:
      (1)   Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site;
      (2)   Disposal of all solid and hazardous waste in accordance with applicable federal, state and local laws, regulations and ordinances; and
      (3)   Stabilization of or re-planting and re-vegetation of the site as necessary to prevent erosion or other environmental factors, provided that the Zoning Inspector may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruptions to vegetation.
   (c)   Absent a notice of a proposed date of decommissioning, Ground Mounted Solar Energy Systems shall be considered abandoned when such system fails to generate electricity for more than one year without having first obtained the written consent of the Zoning Inspector for such cessation in the production/conversion of energy. Determination of abandonment shall be made by the Zoning Inspector, subject to the due process requirements set forth in Section 1170.06.
   (d)   If the owner or operator of a Ground Mounted Solar Energy System fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Village retains the right to use the performance guarantee of form of security required under Section 1170.05 and any and all available legal means necessary to cause an abandoned or decommissioned Ground Mounted Solar Energy System to be removed and disposed of in accordance with applicable law.
(Ord. 23-121. Passed 6-8-23.)