Milford City Zoning Code

TITLE SEVEN

Zoning General Provisions

1181.01 PURPOSE.

The purpose of supplementary district regulations is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered.

(Ord. 99-1966. Passed 5-4-99.)

1181.02 MINIMUM DWELLING SIZE.

The floor area of any dwelling constructed within any district shall be no less than 900 square feet for a two-bedroom dwelling; and no less than 1,200 square feet for a three or more-bedroom dwelling, with the exception of Accessory Dwelling Units which have no minimum dwelling size. The floor area shall be exclusive of the basement, utility room, porch, garage, breezeway, terrace, attic or partial stories.

(Ord. 23-239. Passed 9-19-23.)

1181.03 CONVERSION OF A SINGLE FAMILY RESIDENCE TO A TWO FAMILY RESIDENCE.

Any residence may be converted to a two family residence provided that:

(a) The dwelling has over 3,000 square feet of floor space excluding basement and storage area;

(b) The lot area is larger than 12,000 square feet and is sufficient in size to accommodate the required off street parking in the side and/or rear yards; and

(Ord. 99-1966. Passed 5-4-99.)

1181.04 CONVERSION OF RESIDENCE TO NONRESIDENTIAL USE.

A residence may be converted to accommodate a permitted nonresidential use in a B 1, B 2, B 3 or L I District provided that the following provisions are met:

(a) The yard dimensions shall meet the area and setback requirements of the district in which it is located;

(b) The yard and exterior of the residence shall retain their residential appearance and shall be kept in neat and sound condition;

(d) Only one (1) free standing on premises sign not exceeding twelve (12) square feet in area, and not exceeding five (5) feet in height advertising only the name of the owner, trade name, products sold, or the business or activity conducted on the premises;

(e) Determination by the Zoning Inspector that such use shall not constitute a nuisance because of sidewalk or street traffic, noise or physical activity; and that such use shall not tend to adversely affect the use and development of adjoining properties in the immediate neighborhood.

(Ord. 99-1966. Passed 5-4-99.)

1181.05 PERMITTED ACCESSORY BUILDINGS - RESIDENTIAL.

The following accessory uses are permitted in each Residential District:

(a) Any outdoor swimming pool, lake, bathhouse, tennis court, or other recreational facility designed for the use of the occupants of the dwelling and their guests. Such facilities shall comply with the following conditions and requirements:

(1) Outdoor pools with a depth less than twenty-four (24) inches and indoor pools are excluded from these regulations

(2) The facility shall not be located in any front yard and shall be no closer than ten (10) feet from the required side lot line or rear lot line;

(3) The swimming pool, lake, or the entire property, on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than four (4) feet in height and maintained in good condition with a gate and lock;

(4) The facilities shall be located on the same zoning lot as the principal building, structure or use;

(5) Any pool for the use of occupants of a multi-family dwelling containing over three (3) apartments shall meet the structural and sanitary requirements of the Ohio Department of Health;

(6) The pool or lake is intended to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

(b) Microwave antennas and satellite dishes provided such items are not located in the front yard and are smaller than eighteen (18) inches in diameter. Where such use exceeds eighteen (18) inches in diameter, the following shall apply:

(1) A permit is required to be issued by the Zoning Inspector.

(2) The microwave antenna or satellite dish may not be constructed on a residence, business or structure.

(3) The use may not be located in the front yard.

(4) The microwave antenna or satellite dish may not exceed fifteen (15) feet in height from the ground to the highest point of the antenna or dish.

(5) The antenna or satellite dish may not exceed ten (10) feet in diameter.

(d) Non-commercial amateur radio antenna structures for use by licensed amateur radio operators in all residential districts, provided that:

(1) The height of the structure does not exceed the lesser of the width or depth of the property as determined by a line bisecting such structure and measured from one side of the property line to the other, or from the front property line to the rear at the shortest distance there between. However, such height shall not exceed one-hundred (100) feet or be restricted to less than sixty (60) feet;

(2) The setback for the central vertical portion of the antenna structure shall be a minimum of ten (10) feet from all property lines for structures up to forty-five (45) feet in height and shall increase one foot for every three feet of increased height. All rigid radiating elements of the antenna structure shall be setback a minimum of ten (10) feet from all property lines;

(3) The construction shall be of such type as may be required by the City to form a safe and durable structure.

A licensed amateur radio operator who wishes to erect a non-commercial antenna structure which does not comply with subsections (d)(1) or (2) above, on a residential lot may make an application for a variance pursuant to provisions within this Zoning Ordinance.

(Ord. 99-1966. Passed 5-4-99.)

1181.06 PERMITTED ACCESSORY USES - OFFICE, BUSINESS AND INDUSTRIAL.

In an Office, Business or Industrial District, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use that meets the definitions of accessory use, and which complies with the applicable standards of the district in which it is located, shall be permitted.

(Ord. 99-1966. Passed 5-4-99.)

1181.07 ACCESSORY USES NOT PERMITTED - NON-INDUSTRIAL DISTRICTS.

The following uses are not permitted in the Residential, Office, and Business Districts:

(a) Truck parking, except temporary parking for the delivery of goods and/or services, and the outdoor storage of trucks over 7,500 lbs. Gross vehicle weight and eight (8) feet in height, other than those utilized for daily business use, busses, mobile homes and semi-tractors and/or trailers shall not be permitted as an accessory use.

(b) Outdoor storage, including, but not limited to junk, wood, lumber, building materials, parking of inoperative or unlicensed motor vehicles or similar items of property, unless specifically permitted by the specific zoning district regulations.

(Ord. 99-1966. Passed 5-4-99.)

1181.08 ACCESSORY USE STANDARDS.

Standards for permitted accessory uses that are not accessory dwelling units shall be as follows:

(Ord. 23-239. Passed 9-19-23.)

(a) An accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breezeway or other similar structure.

(b) An accessory building or structure may be detached from the principal building. However, no detached accessory building or structure shall be erected in any yard or court except a rear yard and the total of all accessory buildings, structure and uses shall not occupy more than thirty-five percent (35%) of the area of the rear yard.

(c) There shall be no more than two (2) detached accessory buildings on a lot in a Residential Zoning District. Only one (1) of these accessory buildings shall be a garage.

(d) For computing the percentage of occupancy of a rear yard, as required in subsection (b) hereof, if a detached accessory building is connected to the principal building by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory building and be included in the computation.

(e) A detached accessory building shall be at least five (5) feet from the side and rear lot lines.

(f) On a corner lot, any accessory building or part thereof shall be setback a minimum of fifteen (15) feet from the side lot line.

(g) Any accessory building or structure, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is accessory; and shall be so placed as to meet all yard and court requirements for the principal building. (Ord. 99-1966. Passed 5-4-99.)

1181.09 TEMPORARY BUILDINGS.

Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work may be permitted in any district only during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning compliance certificate authorized by the Zoning Inspector.

(Ord. 99-1966. Passed 5-4-99.)

1181.10 FENCES, WALLS AND HEDGES.

(a) Fences, walls or hedges constructed in front of the front building line shall not exceed forty two (42) inches in height.

(b) No chain link fences or fencing made out of metallic materials shall be permitted in the front yard.

(c) Fences or walls in the side or rear yards of a lot shall not exceed eight (8) feet in height in Residential areas and ten (10) feet in Business and Industrial Districts.

(d) Fences constructed adjacent to an alley right-of-way shall have a setback of five (5) feet from said right-of-way to accommodate garbage, recycling, service, and safety trucks.

Exceptions may be allowed with approval from the Board of Zoning Appeals.

(Ord. 99-1966. Passed 5-4-99.)

1181.11 VISIBILITY AT INTERSECTIONS.

No fence, wall, gateway, ornamental structure, hedge, shrubbery or other fixtures, construction or planting shall exceed three feet in height above the elevation of the nearest curb on a corner lot in all districts for a distance of twenty five (25) feet along both the front and side lot lines, measured from the point of intersection of the intersecting lot lines.

(Ord. 99-1966. Passed 5-4-99.)

1181.12 HOME OCCUPATIONS.

Home occupations shall be subject to the following conditions in addition to the use regulations of various districts:

(a) Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be fully conducted within the dwelling.

(b) No more than the equivalent of twenty-five percent (25%) of the gross floor area of any dwelling shall be utilized for a home occupational use.

(d) There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises may be sold on the premises. No display of the products shall be visible from the street.

(e) No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupational use, shall be created.

(f) No equipment, process, materials, or chemicals shall be used which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances shall be utilized in the home occupation.

(g) Not more than one (1) person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.

(h) No more than one (1) home occupation shall be permitted within any single dwelling unit.

(i) Delivery of any materials necessary for a home occupation shall be limited to automobiles, light duty pick-up trucks or vans.

(j) Hours of operation for a home occupation that entails client visits or incoming deliveries is restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week, except that operation on Sundays is restricted to 12:00 p.m. to 6:00 p.m.

(k) No sign, other than one (1) non-illuminated nameplate, two (2) square feet in area and mounted flat on the front face of the dwelling or on a driveway lamppost, may be erected or maintained on the premises.

(Ord. 99-1966. Passed 5-4-99.)

1181.13 PARKING OF RECREATIONAL VEHICLES AND EQUIPMENT IN RESIDENTIAL DISTRICTS.

The parking of recreational vehicles and equipment and tractor trailers in residential districts shall be subject to the following regulations:

(a) Parked or stored camping and recreational equipment shall not be connected to electricity, water, gas, or sanitary sewer facilities unless electricity or water is required for battery charging or other maintenance requirements. At no time shall this equipment be used for living or housekeeping purposes.

(b) If the camping or recreational equipment is parked or stored outside of a garage, it shall be parked or stored no closer to the street than the nearest foundation line of the house and shall be screened from view of neighboring yards and the public right-of-way by a solid fence or wall not to exceed eight (8) feet in height.

(c) Notwithstanding the provisions of subsection (b) above, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes, for a period of not more that forty-eight (48) hours.

(d) Tractor trailer parking, except the temporary parking for the delivery of goods and/or services, and the outdoor storage of tractor trailers shall not be permitted in Residential districts.

(Ord. 99-1966. Passed 5-4-99.)

1181.14 COMMERCIAL OR INDUSTRIAL OUTDOOR BULK STORAGE OR DISPLAY,

(a) Outdoor Storage Defined.

(1) Includes all goods and materials not returned to an enclosed building at the end of each business day, regardless of whether such goods or materials are kept on the premises for retail sale, or wholesale sale, storage, or use by a business on or off the lot;

(2) Includes all items awaiting or in process of repair except customary passenger vehicles awaiting repair which are not visibly damaged or are not used or intended to be used as "parts' vehicles.

(b) The outdoor storage or display of bulk goods including seasonal items such as firewood and mulch shall be controlled by the following regulations:

(1) The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.

(2) The outdoor storage or display of merchandise, inventory or materials shall not be located in any required yard area or bufferyard within the lot.

(3) The area of storage shall be no closer than forty (40) feet from an abutting street right of way.

(4) The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.

(5) Outdoor storage areas shall be required to be fully screened with an opaque fence or wall not to exceed eight (8) feet in height; wherever security fencing is desired, it shall be placed on the interior side of the opaque screen.

(6) The outdoor storage or display of merchandise, inventory or materials shall not be located within ten (10) feet of any equipment used for the dispensing of flammable or combustible liquids or gases.

(c) Outdoor storage or display locations shall be subject to and approved by the Zoning Inspector upon the application of the owner of record of the property.

(d) Applications for outdoor storage or display areas shall be on a form provided by the Zoning Inspector and shall be submitted with a site plan depicting the location of the said storage or display areas with supporting documentation indicating the impact of the storage or display area on the property as a whole. The Zoning Inspector may request the specific review and approval of the Planning Commission of any application. The review and approval of the Board of Zoning Appeals may also be requested by any applicant whose application has been rejected or modified by the Zoning Inspector, which request must be made in writing and must be made within ten days of such rejection or modification.

(Ord. 99-1966. Passed 5-4-99.)

1181.15 RESTRICTIONS ON JUNK, JUNK VEHICLES AND OTHER SALVAGEABLE ITEMS.

No person, firm or corporation shall accumulate, collect, deposit, dump, dispose, maintain or store any junk, junk vehicles or other type of salvageable solid waste or construction/demolition debris outside of an enclosed area on their property, or allow same on any property under their control or responsibility.

(Ord. 99-1966. Passed 5-4-99.)

1181.16 UTILITY EQUIPMENT; SUBMISSION OF INSTALLATION PLANS TO PLANNING COMMISSION.

Essential utility services shall be permitted in any district as authorized and regulated by the laws and ordinances of the City. It is the intent to exempt such essential services from the application of this section; except that, without in any way altering or otherwise affecting such exemption, the plans for any overhead electric transmission line of sixty nine and zero tenths (69.0) kilovolts or more, on metal or wooden poles or towers or pole structures or of any cross country telephone trunk line including microwave, transmission pipe line, natural gas line, trunk sewer line or substation proposed to be erected or installed in any environmentally sensitive or residential district shall be submitted to the Planning Commission for review and approval before the beginning of construction.

(Ord. 99-1966. Passed 5-4-99.)

1181.17 CORNER LOT CURB OPENINGS.

On all corner lots, all vehicular entrances to, or exits from, and curb openings, shall be setback a minimum of twenty-five (25) feet from the corner property lines extended from the established right-of-way lines as shown in the City Plat. All curb openings, whether on a corner or not, shall not exceed forty (40) feet in width at the curb line, and thirty (30) feet at the property line. (Ord. 99-1966. Passed 5-4-99.)

1181.18 FOOD TRUCKS.

(a) One (1) food truck may be permitted as an accessory use in a specified zoning district on property in which a primary use has been established. (Primary use would be a building with an active use.)

(b) Food truck vendors must obtain a zoning certificate annually specifying location and hours of operation if conducting business more than one (1) day per year.

(d) An individual food truck or single owner of multiple food trucks shall not be permitted to operate on private property for more than a total of five (5) hours per day.

(e) Off premise signs and/or audio amplification is not permitted

(f) Food trucks shall be located a minimum of ten (10) feet from the street right of way.

(g) No dumping of grease or grey water into storm sewers, dumpsters, etc.

(h) Food trucks are subject to the city-wide noise ordinance; sound absorbing devices shall be use to contain or deflect the noise from external generators.

(i) Food trucks shall be located at least 100 feet from the front door of any restaurant and outdoor dining area during the restaurants hours of operation. If a zoning certificate is issued and a restaurant subsequently opens within 100 feet of the approved food truck location, the food truck location may continue to operate until the permit expires.

(j) Exception. Food trucks may conduct sales while parked on a public street or private property when the City has approved a temporary street closing or special event permit for a city wide event such as a street festival or fair.

(Ord. 99-1966. Passed 5-4-99.)

1183.01 NON-CONFORMING LOTS; FRONTAGE.

(a) Undeveloped lots or parcels of land recorded before the effective date of this Zoning Ordinance shall be considered as non-conforming buildable lots, but shall comply with all zoning regulations in effect immediately preceding the enactment of this Zoning Ordinance.

(b) Undeveloped lots and parcels of land located in a subdivision recorded in the office of the County Recorder prior to the effective date of this Zoning Ordinance shall have rear and side yards as required in the recorded plat of the subdivision. If such plat does not specify the area and/or other dimensions of the side and rear yards, or if the lot or parcel of land has been subdivided by metes and bounds, the lot requirements shall be as follows:

(1) The sum of the side yard widths of any lot or parcel of land shall be twenty percent (20%) of the width, but in no case shall it be less than ten percent (10%) of the width of the lot for any one side yard. In no case shall any one side yard be less than six (6) feet.

(2) The depth of the rear yard shall be twenty percent (20%) of the depth of the lot, but in no case less than ten feet.

(c) Every building hereafter erected shall be erected upon a lot having a frontage of not less than fifteen (15) feet on a street or an unobstructed easement of access or right of way at least fifteen (15) feet wide to a street, in addition to any other open space requirements of this Zoning Ordinance.

(d) Lots in a subdivision plat which have received final approval by the Planning Commission prior to the effective date of this Zoning Ordinance shall be considered as lots of record provided such subdivision plat is recorded within twenty (20) days after such date.

(Ord. 99-1966. Passed 5-4-99.)

1183.02 PANHANDLE LOTS.

Panhandle lots are permitted subject to the following regulations:

(a) Panhandle lots shall not be "stacked"; one (1) behind the other with relation to a street or road.

(b) The panhandle portion of the lot shall have a minimum frontage and continuous width of twenty (20) feet at the street. The maximum frontage and continuous width of the panhandle portion shall be forty (40) feet.

Figure 1183-A

Panhandle Lot

(Ord. 99-1966. Passed 5-4-99.)

1183.03 CORNER LOTS.

(a) Where a lot or parcel of land is considered a corner lot, the required minimum front yard setback shall be provided on each street or section thereof.

(b) The narrowest lot line opposite the public right-of-way shall be the rear lot line and the minimum rear yard setback shall be applied.

(c) The longest lot line opposite the public right-of-way shall be the side lot line and the minimum side yard setback shall be applied.

Figure 1183-B

Corner Lot

(Ord. 99-1966. Passed 5-4-99.)

1183.04 THROUGH LOTS.

(a) Where a lot or parcel of land is considered a through lot, the required minimum front yard setback shall be provided on both streets.

(b) The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line.

Figure 1183-C

Through Lot

(Ord. 99-1966. Passed 5-4-99.)

1183.05 FRONT YARDS.

(a) Smaller. Where the frontage upon the same side of the street within the same block is occupied or partially occupied by buildings with front yards, some or all of which are of less depth than required in this Zoning Ordinance, the Planning Commission shall permit a modification of the front yard requirements as is consistent with the yards already established.

(b) Greater. Where the frontage upon the same side of a street within a block is occupied by buildings with front yards all of greater depth than required in this Zoning Ordinance, no other lot on the same side of the street within the same block shall be occupied by a building with a front yard of less depth than the least depth of any such existing front yard. Where a recorded plat has been filed showing and establishing setback lines or front yard requirements which are of equal or greater depth than the depth required by this Zoning Ordinance, any building may be built to the established setback lines or front yard requirements.

(c) Sloping Lot. Where the elevation of the ground at a point fifty (50) feet from the front lot line of a lot and midway between the side lot lines differs ten (10) feet or more from the curb level, the front yard need not exceed fifty percent (50%) of that required in the district.

(Ord. 99-1966. Passed 5-4-99.)

1183.06 PROJECTIONS INTO YARDS.

(a) Cornices, eaves, sills or canopies may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard.

(b) Chimneys may project into the required front, side or rear yard.

(c) Open, unenclosed porches, platforms or loading places may extend into the front yard a maximum of fifty percent (50%) of the required front yard setback.

(d) Open, unenclosed porches, platforms or loading places may extend into any side yard a maximum of fifty percent (50%) of the required side yard setback.

(e) Open, unenclosed porches, platforms or loading places may extend into the rear yard a maximum of six (6) feet.

(Ord. 99-1966. Passed 5-4-99.)

1185.01 PERFORMANCE STANDARDS.

No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements in this section are met.

(a) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept at a minimum distance from adjacent activities compatible with the potential danger involved in accordance with the authority having jurisdiction.

(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

(1) No activity on private property shall emit noise or sound levels that create a nuisance to surrounding properties.

(2) The following noise levels shall be exempt from the noise provisions during the daytime only:

A. Legal blasting.

B. Temporary construction activity and equipment.

C. Installation of utility equipment.

D. Lawn mowers, chain saws and garden equipment.

(3) The following noise sources shall be exempt from the noise provision at all times:

A. Aircraft.

B. Railroads.

C. Emergency vehicles and equipment.

D. Warning devices operating continuously for not more than five (5) minutes.

E. Bells, chimes or carillons operating continuously for not more than five (5) minutes.

F. The repair of essential utility services.

G. Officially sanctioned parades or other events.

(d) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

(e) Air Pollution. Air pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency or other applicable agencies.

(f) Glare. No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street.

(g) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency or other applicable agencies.

(i) Smoke or Dust. The emission of smoke or dusts by any land use in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited.

(j) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.

(k) Enforcement Provisions. The Zoning Inspector, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. In cases that involve the manufacturing, processing, research, development or the handling and storage of highly hazardous, biologically, radioactive or highly explosive materials, chemicals or substances, special permits may be required, except that X ray, cobalt and/or other medically administered radioactive materials, shall be exempt from this requirement.

(l) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous or objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, or the Ohio Environmental Protection Agency. (Ord. 99-1966. Passed 5-4-99.)

1185.02 USE REVOCATION.

Any use permitted in any district may be revoked and shall be discontinued where, because of dust, odor, smoke, gas, noise, fumes, flame, vibration, unsanitary conditions or structural defects such use becomes a health hazard or a threat to the safety and general welfare of the neighborhood. (Ord. 99-1966. Passed 5-4-99.)

1187.01 PURPOSE.

The purpose of these off-street parking and loading requirements is to prevent or alleviate the congestion of the public street, to minimize any detrimental effects of off-street parking and loading areas on adjacent properties, to enhance off-street parking and loading areas with landscaping and lighting elements for improved traffic circulation and visual amenities.

(Ord. 99-1966. Passed 5-4-99.)

1187.02 APPLICABILITY.

(a) New and Expanded Uses. The off-street parking and loading requirements of this Chapter shall apply to the following:

(1) A permit application for the erection of a new building; or

(2) For an alteration, addition or change of use of an existing building; or

(3) For an alteration or change of land use that requires more parking.

(b) Existing Uses. The off-street parking and loading requirements of this Chapter shall not apply to buildings and land uses legally in existence on the effective date of this Zoning Ordinance unless modified in the manner stated in Section 1187.02. Furthermore, any parking or loading facilities now serving such existing buildings or uses shall not be reduced below these

requirements in the future.

(c) Maintenance. The duty to provide and maintain all such areas shall be the joint responsibilities of the owner, operator and lessee of the use for which vehicular use areas are required.

(d) Plan Review. For any off-street parking area required under this Chapter, a plan shall be submitted with the application for a Zoning Certificate to the Zoning Inspector to review for compliance with these regulations and for any other applicable regulations.

Any such parking plan shall show the following:

(1) Number of parking spaces;

(2) Arrangement of parking aisles;

(3) Location of driveway entrances;

(4) Provisions for vehicular and pedestrian circulation;

(5) Location or typical location of sidewalks, wheel stops, lighting and curbs on or adjacent to the property;

(6) Location of utilities, barriers, shelters, and signs;

(7) Location of landscaped areas and the types and location of vegetation to be planted in them;

(8) Typical cross sections of pavement;

(9) Stormwater drainage facilities;

(10) An analysis of parking space requirements according to Section 1187.05.

(11) Any other relevant information requested by the Zoning Inspector.

(Ord. 99-1966. Passed 5-4-99.)

1187.03 EXEMPTIONS.

(a) In order to avoid traffic congestion and to provide for safe circulation of motor vehicles and pedestrians, and for the protection and convenience of the general public, properties lying west of the intersection of High Street and Main Street shall be exempt from the provisions of this Chapter.

(b) Single family dwellings and two-family dwellings are exempt from the provisions of this Chapter. (Ord. 99-1966. Passed 5-4-99.)

1187.04 REQUIRED PARKING SPACES.

(a) Each applicant is required to provide an adequate number of parking spaces for the proposed use or expansion of uses.

(b) As part of the parking plan, the applicant shall provide a written analysis of parking requirements based on the following information:

(1) Building square footage for each specific use to be served by off-street parking.

(2) Hours of operation.

(3) Estimated number of patrons/customers at peak hours of operation.

(4) Maximum numbers of employees present on one shift.

(5) Availability of joint parking areas.

(6) Building occupancy loads.

(7) Any additional information as requested by the Zoning Inspector.

(c) The Zoning Inspector has the authority to reject a plan if he/she deems that an adequate amount of parking has not been provided. The Zoning Inspector shall provide, in writing, the reasons for the rejection.

(d) The applicant may appeal the decision of the Zoning Inspector to the Board of Zoning Appeals within twenty (20) days of the original recommendation of the Zoning Inspector.

(Ord. 99-1966. Passed 5-4-99.)

1187.05 SHARED PARKING.

Joint use of up to fifty percent (50%) of parking spaces may be permitted for two (2) or more uses located on the same parcel or adjacent parcels provided that the developer can demonstrate to the Zoning Inspector that the uses will not substantially overlap in hours of operation or in demand for the shared spaces. This shall be guaranteed by a written agreement from the Owner or between the Owners involved and all future owners or assigns which shall be submitted with the required plan. Shared parking spaces shall be located no more than three hundred feet (300') from the uses they are intended to serve.

(Ord. 99-1966. Passed 5-4-99.)

1187.06 DESIGN OF PARKING SPACES AND AISLES.

Each parking space shall meet the minimum dimensional requirements set out in Table 1187-A, and illustrated in Figure 1187-C.

(a) Aisles. Each parking space shall have direct and unrestricted access to an aisle of the minimum width set out in Table 1187-A, and illustrated in Figure 1187-C.

TABLE 1187-A

PARKING STALL AND AISLE DIMENSIONS

Parking Angle

Stall Width

Length of Stall

Aisle Width

Width of Access DriveBay Width

(Center to center width of two row bay with aisle between)

One

Way

Two

Way

One

Way

Two

Way

9 ft.

22 ft.

12 ft.

18 ft.

20 ft.

24 ft.

30 ft.

30 - 53

9 ft.

18 ft.

13 ft.

20 ft.

42 ft.

49 ft.

54 - 75

9 ft.

18 ft.

22 ft.

20 ft.

52 ft.

56 ft.

76 - 90

9 ft.

18 ft.

22 ft.

24 ft.

20 ft.

60 ft.

62 ft.

Figure 1187-B

Parking Stall and Aisle Layout

(b) Access.

(1) All parking spaces shall be entered and exited along parking aisles arranged perpendicular to access drives wherever possible. Parking shall be restricted along entry drives within thirty (30) feet of the right-of-way or easement line (and at greater distances as may be required by the Planning Commission depending on the traffic generation and parking lot size) nor within eight (8) feet of the curb or pavement edge of such restricted entry drive area (Figure 19987-C).

(2) Where room permits, parking spaces should be entered and exited along parking aisles and not along main access drives for the purposes of safety and to prevent traffic congestion.

Figure 1187-C

(1) Turn-Around Area. With the exemption of driveways serving single family dwellings, wherever more than three (3) parking spaces are served by a single driveway, a turn-around area shall be provided, or other provision shall be made, to permit cars to exit the parking lot or garage without backing onto any street or sidewalk.

(2) Back-Up Area. Each parking space shall be provided with a sufficient back-up area to permit egress in one maneuver, consisting of one backward and one forward movement.

(d) Handicapped Parking Spaces. The number and dimension of parking spaces serving handicapped persons shall conform to the requirements of the Ohio Basic Building Code.

(e) Surface and Drainage. Every off-street parking lot shall be surfaced with an ODOT Item 448 asphalt concrete or Portland cement pavement providing an all-weather, durable, and dustless surface. Individual stalls shall be graded to drain so as to dispose of all surface water within the parking area. No surface water from parking areas shall accumulate or drain over a public sidewalk or street. Interior landscaped areas may be used for surface drainage.

(f) Lighting. Fixed lighting shall comply with the provisions contained in Section 1187.08, Outdoor Lighting, and be so arranged to prevent direct glare of beams onto any public or private property or street.

(g) Wheel Stops and Continuous Curbs. Wheel stops or continuous curbs shall be provided, located, and designed to protect required screening devices and landscaping and pedestrian ways from damage or encroachment of vehicles and to provide necessary traffic control in the parking area.

(1) Wheel Stops. Each wheel stop shall be a singular block of reinforced concrete, stone, or other durable material six inches (6") in height, six inches (6") in width, and eight feet (8') in length. Wheel stops shall be securely attached to the ground and may be used only at the end of parking stalls.

(2) Continuous Curbs. Continuous curbs shall be made of asphalt, concrete, or stone, and shall be a minimum of six inches (6") in height and six inches (6") in width. They shall form a non-interrupted edge around all landscaped areas adjacent to parking and turn-around areas which are not protected by wheel stops.

(3) Placement. The wheel stop or continuous curb shall be located a minimum of four feet (4') from any structures, buildings, walls, or plant material, excluding groundcover, to prevent a vehicle from driving onto the landscape area or hitting any structure or plant material at the edge of the parking area. The mature size of the plant material shall be specified to determine if the landscape meets the setback requirements.

(4) Stall Dimensions. Where continuous curbs are used, the paved area of the parking stall length required in Table 1187-A and illustrated in Figure 1187-B (Dimension 'C') may be reduced by two and one-half feet (2½') as shown in Figure 1187-D provided that the vehicle overhang will not encroach on pedestrian circulation or the required setback for desirable plant growth. Where wheel stops are used, the paved area of the parking stall length required in Table 1187-A and illustrated in Figure 1187-B (Dimension 'C') shall not be reduced.

Figure 1187-D

Pavement Area Adjustment with Continuous Curb Usage

(h) Slope. No area of any parking lot, excluding entry drives, shall have a slope in excess of seven percent (7%). Entry drives or drives that connect parking areas shall not have a slope in excess of ten percent (10%).

(Ord. 99-1966. Passed 5-4-99.)

1187.07 LOCATION OF PARKING SPACES.

(a) Off-Street Parking. Off-street parking spaces for any use shall be located on the same parcel as the use they are intended to serve, except where these regulations allow shared parking between uses on different lots pursuant to Section 1187.06.

(b) Residential Parking. In any residential use parcel or residential district, no off-street parking area, maneuvering area for parking spaces, or loading area shall be located within any required front yard. This restriction shall not apply to driveways providing access from the street to the parking area located outside of the required front yard, nor is it intended to prohibit parking of vehicles on such drive serving a detached dwelling. Within ten feet (10') of the right-of-way, the maximum width of the driveway shall be twenty-four feet (24') in the R-1, R-2 and R-3 Zoning Districts. No residential parking area or garage shall be utilized for more than one (1) commercial vehicle owned or normally operated by a resident of the premises and such vehicle shall not exceed one and one-half (1½) tons capacity.

(1) The parking or storage of inoperable or abandoned vehicles is prohibited outdoors in all districts.

(2) The location and duration of temporary parking or storage of an unlicensed operable vehicle may be approved by the Zoning Inspector through the issuance of a Temporary Zoning Permit on the basis of the adequacy of the parcel size, condition of the vehicle, visibility from other properties and absence of undue adverse impact on adjacent property or on the area as a whole.

(d) Traffic Patterns. All parking garages and lots shall be located and designed to encourage minimal routing of traffic along public rights-of-way contiguous to blocks that contain primary education facilities or recreation sites designed for children or which have over fifty percent (50%) of their frontage developed with single- or two-family dwellings.

(Ord. 99-1966. Passed 5-4-99.)

1187.08 LANDSCAPING FOR OFF-STREET PARKING AND LOADING AREAS.

(a) Applicability.

(1) Scope. The application of the landscape regulations established by this Section shall be limited to the same scope as defined in Section 1187.02 of this Chapter.

(2) Exception. Off-street parking and loading areas containing less than five (5) parking spaces shall be exempt from the requirements of Section 1187.09.

Where the total parking provided is located in more than one location on a site and each location contains less than five (5) parking spaces, each such area shall be exempt from Section 1187.09 if separated on all sides by at least twenty feet (20') of non-paved area.

(3) Alteration or expansion. Where an existing vehicular use area containing less than five (5) contiguous parking spaces is expanded and thereby contains five (5) or more contiguous parking spaces, landscaping for the entire area shall be provided and not merely to the extent of its expansion.

(b) Total Landscaping Required. The total landscaping required in off-street parking and loading areas is twenty-two (22) square feet per parking space. Interior and streetscape landscaping count toward the minimum square feet of landscaping required per parking space.

(1) Design. Landscape areas shall be peninsular or island types.

(2) Location. All parking spaces must be at least within 125 feet of a landscaped area.

(3) Minimum Area. The minimum landscape area shall be one hundred (100) square feet.

(4) Surface. Any landscape area provided under this Section shall not contain bare soil. Any ground area shall be covered with stones, mulch, vegetative ground cover, or other surfaces permeable by water.

(5) Retention/Detention Basins. Natural or landscaped retention/detention basins may count toward minimum square footage landscape requirements when the basins are in the front or side yards.

(6) Traffic Visibility. No landscaping shall obscure visibility at a vehicular intersection with the parking area or other areas where clear visibility is necessary to assure safe circulation. Where safe visibility is impaired, canopy trees shall have branches removed from the trunk at least five (5) feet above the ground and shrubs or groundcover shall not exceed two (2) feet in height. Evergreen trees and understory trees that would impair visibility for safe circulation shall not be planted in these areas.

(7) Minimum Width. No interior landscaping area shall be less than ten (10) feet by ten (10) feet.

(d) Determination of Interior Landscape Requirements. The Landscape Requirements shall be computed as follows:

(1) Interior Landscape Area Requirement. Determine the landscape area by multiplying the Landscape Area Requirement of twenty-two (22) square feet per parking space (Section 1187.09 (b)) by the total number of parking spaces on the lot.

(2) Planting Requirements. To determine the minimum number of canopy trees, use the rate of one (1) canopy tree for each ten (10) parking spaces for retail uses and two (2) canopy trees for each ten (10) parking spaces for non-retail uses. Any fractional number of trees shall be calculated to the next highest whole number.

To determine the total number of required shrubs, use the rate of six (6) shrubs for each ten (10) parking spaces for retail uses and three (3) shrubs for each ten (10) parking spaces for non-retail uses. One canopy tree may substitute for three (3) shrubs. Trees and shrubs do not have to be equally spaced, but may be grouped.

(e) Overlap. When any portion of the parcel is subject to more than one set of landscape or buffer requirements as set forth in this or any other Chapter, the most stringent requirement shall control. The most stringent requirements shall be defined as those which require the highest fence, wall or screen or, if no fence, wall or screen is required, the requirements with the greatest quantity of landscaping.

(f) Credit. Existing trees and shrubs, fences, walls or berms on a parcel may be used to meet the requirements of this Section if they meet the standards established in this Chapter.

(g) Plant Installation and Maintenance Standards. All new plant material as part of the requirements for this Chapter shall be in accordance with Chapter 1189, Landscaping and Bufferyard Requirements.

(h) Modifications. In the event that the unusual topography or elevation of a development site, the size of the parcel to be developed, the extent of expansion or redevelopment of the site or parking area is deemed to be insignificant, or the presence of existing buffers on adjacent developed property would make strict adherence to the requirements of this Chapter serve no meaningful purpose or would make it physically impossible to install and maintain the required landscaping, the Planning Commission may, upon proper application by the property owner, and upon making findings of fact, modify the requirements of this Chapter provided the existing or resulting landscape features of the development site comply with the spirit and intent of this Chapter and other related Chapters.

(Ord. 99-1966. Passed 5-4-99.)

1187.09 OUTDOOR LIGHTING.

The following restrictions shall apply to any outdoor lighting located in any district on parcels where there are parking spaces for five (5) or more vehicles.

(a) Height. All outdoor lighting shall be designed, located, and mounted at heights no greater than ten feet (10') above grade for non-cutoff lights and twenty-four feet (24') above grade for cutoff lights A greater height may be authorized in any district by a Variance approved pursuant to, Chapter 1131, Board of Zoning Appeals.

Cutoff and non-cutoff lights are illustrated below:

Figure 1187-E

Non Cut-Off Light & Cut-Off Light

Non Cut-Off Light Cut-Off Light

(b) Lighting Types.

(1) Non-cutoff lights are to be used for decorative purposes only.

(2) Interior lighting of parking and loading areas shall be accomplished by using cutoff lights.

(c) Illumination. All outdoor lighting shall be designed and located with a maximum illumination of 0.5 footcandles at the property line.

(d) Shielding. All outdoor lighting for non-residential uses shall be located, screened, or shielded so that adjacent lots located in residential districts are not directly illuminated.

(e) Color and Glare. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.

(f) Factors for Evaluation. The following factors shall be considered in the evaluation of lighting plans:

(1) Pole Height

(2) Type of Luminaire

(3) Site Coverage - average maintained

(4) Uniform lighting shall be provided to prevent various intensities of lighting throughout the parking area.

(5) Intensity at Property Line.

(Ord. 99-1966. Passed 5-4-99.)

1187.10 OFF-STREET LOADING REQUIREMENTS.

(a) Scope of Application. The application of the loading regulations established by this Section shall be limited to the same applicability as defined in Section 1187.02 of this Chapter.

(b) Number of Off-Street Loading Spaces Required. Off-street loading spaces shall be provided for commercial and industrial uses in accordance with the schedule set forth below. Loading spaces shall not conflict with or overlap with the area used for parking.

Schedule of Required Off-Street Loading Spaces
Gross Floor Area of Structure (square feet)	Number of Required Loading Spacea
0 - 10,000	0
10,001 - 50,000	1
50,001 - 100,000	2
100,001 - 200,000	3
200,001 - 400,000	4
Each additional 200,000	1

(c) General Standards. Every loading space shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below.

(1) Location of Required Loading Spaces. Loading spaces shall be located on the same lot as the building or structure to which they are accessory. No loading space shall be located in any required front yard, nor shall it permit any vehicle to extend into any front yard or across any lot line of a more restrictive district while being loaded or unloaded.

(2) Dimensions. No required loading space shall be less than twelve (12) feet (12') in width or thirty-five (35') feet in length or have a vertical clearance of less than fourteen feet (14').

(3) Access. Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that will create the least possible interference with traffic movement and parking lot circulation. Access to and from loading spaces shall be approved by the Zoning Inspector.

(4) Surface and Drainage. Every loading space shall meet the surface and drainage requirements of Section 1187.07.

(5) Screening. All operations, material, and vehicles within any loading space that are visible from public streets or from residential uses shall be screened. The screening material shall be at least six feet (6') in height, 100 percent (100%0 opaque, and shall meet the requirements for screening as set forth in Chapter 1189, Landscaping and Bufferyard Requirements.

(Ord. 99-1966. Passed 5-4-99.)

1189.01 PURPOSE.

The purpose of this Chapter is to provide minimum standards involving the development of land to provide attractive views from roads and adjacent properties; to screen from view visually undesirable uses; to require screening between incompatible land uses and to protect the health, safety and general welfare of the community through the reduction of noise, air and visual pollution, and headlight glare.

(Ord. 99-1966. Passed 5-4-99.)

1189.02 APPLICABILITY.

This Chapter shall apply to new property development and any collective substantial expansion of existing structures, except for individual single family dwellings, two family dwellings (duplexes) and parking lots of five (5) spaces or smaller. Substantial expansion of existing structures shall be defined based on the criteria established below:

When Existing Structure is…	A Substantial Expansion is…
0-1,000 Sq. Ft.	50% or Greater
1,001 - 10,000 Sq. Ft.	40% or Greater
10,001 - 25,000 Sq. Ft.	30% or Greater
25,001 - 50,000 Sq. Ft.	20% or Greater
50,001 Sq. Ft. and larger	10% or Greater

(Ord. 99-1966. Passed 5-4-99.)

1189.03 GENERAL REQUIREMENT FOR SUBMISSION.

Any property to which this Chapter applies shall submit a landscape plan to the Zoning Inspector as part of the Site Plan review process. Landscape plans shall be prepared by and/or certified by a design professional practicing within their areas of competence. The site plan shall contain the following information:

(a) Plans must be at a reasonable scale to indicate all types of proposed landscaping improvements at a minimum of one (1) inch equals twenty (20) inches and shall include the following minimum information:

(1) North arrow and scale.

(2) The name of applicant/owner.

(3) The name, address and phone number of the person or firm responsible for the preparation of the buffering plans.

(4) The dates the plans are submitted or revised.

(5) All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, light standards, signs, fences and other permanent features to be added and/or retained on the site.

(6) All existing plant material to be removed or retained.

(7) All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.

(8) Contour lines shall be shown if the grades are in excess of six percent (6%) slope.

(9) Proposed elevation at sufficient locations and existing elevations of the site to clearly show the drainage patterns.

(10) All property lines and easements.

(b) Included on all plans shall be a table listing the existing plant material to be retained and all proposed plant material within the bufferyard or landscaped area only. This shall include the common and botanical names, sizes and other remarks as appropriate to describe the plant material selection.

(d) The plans shall include any proposed irrigation plan which shall include the following:

(1) Location and type of all sprinkler heads.

(2) Size of mainline and irrigation piping.

(3) Location and size of water meter.

(4) Location of backflow prevention device.

(5) Location and size of all valves.

(6) Location of irrigation controller.

(Ord. 99-1966. Passed 5-4-99.)

1189.04 APPROVAL.

Criteria of approval for landscape plans shall be as follows:

(a) No site or development plan required under this Zoning Ordinance shall receive final approval unless a landscaping plan has been submitted and approved.

(b) No zoning certificate or zoning compliance permit shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:

(1) Such plan has been fully implemented on the site; or

(2) Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the City in a form acceptable to the City's Legal Counsel and secured by a letter of credit, cash escrow or other instrument acceptable to the City's Legal Counsel in an amount equal to the cost of such installation plus a ten percent (10%) allowance for administrative costs, inflation and potential damage to existing vegetation or improvements.

(Ord. 99-1966. Passed 5-4-99.)

1189.05 LANDSCAPING MATERIALS AND STANDARDS.

New development shall provide bufferyards as provided in Section 1189.10. Existing vegetation shall be preserved in accordance to acceptable nursery industry procedures. The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the Zoning Inspector. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the Municipality.

(a) Walls and Fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be of weather-proof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooded or synthetic slat material shall not be allowed when used to satisfy bufferyard and landscaping requirements.

(b) Plants. All plants are to be living and part of the acceptable plants list identified in this Chapter. Plant materials used in conformance with the provision of this Chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers.

(1) Deciduous Trees. Deciduous trees shall have a minimum caliper of at least two and one-half (2½) inches conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this Chapter must be used to create a dense buffer.

(2) Evergreen Trees. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Evergreen plantings shall be planted at a maximum distance of fifteen (15) feet on center to provide an effective, dense screen within four (4) years of planting.

(3) Shrubs and Hedges. Shrubs and hedges shall be at least thirty-six inches (36") in height at the time of planting. All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six feet (6') within four (4) years after the date of the final approval of each planting. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.

(4) Grass or Ground Cover. Grass of the Fescues (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Clermont County. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch shall be used and nursegrass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted at a maximum spacing of one (1) foot on center to provide seventy-five percent (75%) complete coverage after two (2) growing seasons.

(5) Earth Mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:

A. The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the Zoning Inspector to ensure that proper erosion prevention and control practices have been utilized.

B. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.

C. Landscape plant material installed on berms and earthforms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

D. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with the above provisions.

E. Berms and earthforms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

F. No part of any berm or earthform which is elevated more than eighteen inches (18") above natural grade shall be located within twenty feet (20') of any right-of-way or property line.

G. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.

(c) Maintenance of Landscaping and Bufferyards. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The Owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance free from refuse and debris at all times. Irrigation systems shall be provided for landscaped parking areas and wherever landscaped areas require special irrigation measures. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the Zoning Inspector to refuse a zoning compliance certificate, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this Chapter.

(d) Bufferyard Establishment. Once a bufferyard has been approved by the Zoning Inspector and established by the owner, it may not be used, disturbed or altered for any purpose. (Ord. 99-1966. Passed 5-4-99.)

1189.06 CONFLICTS IN REQUIREMENTS.

When an activity or land use falls under more than one of the categories listed in the matrix in Section 1189.10, the most stringent of the requirements shall be applied.

(Ord. 99-1966. Passed 5-4-99.)

1189.07 EASEMENTS, RIGHT-OF-WAY, AND SETBACKS.

Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements. Trees placed under overhead utility wires must be from List B, in Section 1189.12.

Landscaping must also be placed in the required area between the property line and the front, rear and side yard setbacks.

In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight feet of limbless trunk shall be permitted within the sight distance triangle. In the case of a Municipality street intersection, the sight triangle shall consist of the area between points twenty feet (20') along both intersecting streets from their respective edge of pavements.

(Ord. 99-1966. Passed 5-4-99.)

1189.08 LANDSCAPING FOR PARKING AREAS.

Landscaping for any outdoor parking area shall be provided according to the requirements in Section 1187.09. (Ord. 99-1966. Passed 5-4-99.)

1189.09 LANDSCAPING FOR SERVICE STRUCTURES.

Service structures shall include but not be limited to loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above electrical and other equipment or elements providing service to a building or a site. Structures may be grouped together. However, screening height shall be based upon the tallest of the structures.

(a) Location of Screening. A continuous planting of evergreen, fence or wall of earth must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be one (1) foot more than the height of the enclosed structure, but shall not be required to exceed ten (10) feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material shall be of an average height sufficient to meet the height requirements set out in this Chapter. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.

(b) Curbs to Protect Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided within the screening material. The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

(Ord. 99-1966. Passed 5-4-99.)

1189.10 BUFFERYARD REQUIREMENTS.

WHEN…	IS PROPOSED TO ABUT…	A MINIMUM BUFFERYARD OF…	PLANT MATERIAL
Any commercial land use Any office land use	Any R-1, R-2, R-3, R-4, R-5 or I zone or land use Any R-1, R-2, R-3, R-4, R-5 or I zone or land use	30' side and/or rear yard is required with… 20' side and/or rear yard is required with…	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + 3' hedge (D)1 + 1 tree (A)1 @ 25'-35' O.C.2 OR A double row, staggered planting of trees (C)1 15' O.C.2
Any industrial land use	Any R-1, R-2, R-3, R-4, R-5, I, B-1, B-2, B-3, B-5 or O zone or land use	50' side and/or rear yard is required with…	40' wide, 6' tall earthen berm + a double row of staggered trees (C)1 @ 15' O.C.2 STORAGE YARD - 6' fence or wall + hedge (E)1 facing front yard only and/or drive
Any multi-family land use*	Any R-1, R-2, R-3, R-4 or I zone or land use	15' side and/or rear yard is required with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + a 3' hedge (E)1 OR a double row, staggered planting of trees (C)1 15' O.C.2

WHEN…	IS PROPOSED TO ABUT…	A MINIMUM BUFFERYARD OF…	PLANT MATERIAL
Any institutional land use	Any R-1, R-2 or R-3 zone or land use	15' side and/or rear yard is required with...	A staggered double row of evergreens and trees (B and C)1 @ 15' O.C.2 + a single row 6' hedge (E)1 OR a 6' wall or fence + 1 tree (A)1 @ 25'-35' O.C.2
Any business zone or land use	The public right-of-way, public or private street	10% of total front yard area must be landscaped with....	Trees, shrubs, planting beds, and/or perennials in a motif designed by the owner. This is in addition to other required landscaping
A Parking Area 3 associated with any zone or land use except single-family residences	Any public or private street	6½' perimeter screening easement with....	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 (1 tree minimum)

1 (A, B, C, D or E) - Means plantings from the list(s) in parentheses following this Chapter.

2 O.C. - Means "on center" unless otherwise noted.

3 In this situation, the property perimeter screening may also count as Parking Area perimeter screening.

• Duplex and single family residences are both permitted in the R-3 and R-4 zone districts. No landscaping is required between these uses when both exist side by side within R-3 and R-4 zone districts.

(Ord. 99-1966. Passed 5-4-99.)

1189.11 MODIFICATIONS.

The Planning Commission may approve modifications to the bufferyard requirements. The Commission shall base its decision on ALL of the following criteria:

(a) The specific conditions which are unique to the applicant's land.

(b) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.

(c) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this Chapter.

(d) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.

(e) A demonstration that the applicant has provided for a buffer that achieves the spirit of this Chapter.

The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists in Section 1189.12, if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.

(Ord. 99-1966. Passed 5-4-99.)

1189.12 PLANT LISTS.

The following plants are representative of those to be utilized in the bufferyard as indicated in the matrix in Section 1189.10.

PLANT LIST A

SHADE TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height as indicated by the following: Large - 60', Medium - 40', Small - 20'. Other shade trees which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

LARGE TREES

Common Plant Names	European Beech	Norway Maple
Plant Botanical Name	Fagus sylvatica	Acer Platanoides
		'Columnaire'
		'Crimson King'
		'Summershade'

Common Plant Names	Ginkgo	Pin Oak
Plant Botanical Name	Ginkgo biloba (male only)	Quercus Palustris
Specie Cultivars	'Autumn Gold'	'Sovereign'
	'Fastigiata'	'Crown Rite'
	'Sentry'

Common Plant Names	Green Ash	Red Maple
Plant Botanical Name	Fraxinus pennsylvanica lanceolata	Acer rubrum
Specie Cultivars	'Marshall Seedless'	'Autumn Flame'
		'October Glory'
		'Red Sunset'

Common Plant Names	Scarlet Oak	Red Oak
Plant Botanical Name	Quercus coccinea	Quercus rubra
Specie Cultivars

Common Plant Names	London Plane Tree	Tulip Poplar
Plant Botanical Name	Plantanus x acerifolia	Liriodendron tulipifera
Specie Cultivars

Common Plant Names	Sugar Maple	Sweetgum
Plant Botanical Name	Acer saccharum	Liquidambar styraciflua
Specie Cultivars

Common Plant Names	Willow Oak	Elm
Plant Botanical Name	Quercus phellos	Ulmus parvifolia
Specie Cultivars		'Lace Bark Elm'

Common Plant Names	Shumardi Oak	Shingle Oak
Plant Botanical Name	Quercus shumardii	Quercus imbricaria
Specie Cultivars

MEDIUM TREES

Common Plant Names	Callery Pear	Littleleaf Linden
Plant Botanical Name	Pyrus calleryana	Tilia cordata
Specie Cultivars	Aristocrat	'Chancellor'
	'Chancellor'	'Greenspire'
		'June Bride'

Common Plant Names	Japanese Pagoda Tree	Japanese Zelkova
Plant Botanical Name	Sophora japonica	Zelkova serrata
Specie Cultivars		'Regent'

Common Plant Names	Thornless Honey Locust	Yellowwood
Plant Botanical Name	Gleditsia triacanthos	Cladrastis lutea
Specie Cultivars	'Moraine'
	'Shademaster'
	'Skyline'
	'Imperial'

Common Plant Names	Amur Cork	River Birch
Plant Botanical Name	Phellondendron amurense	Betula nigra
Specie Cultivars

Common Plant Names	Katsura Tree	Hess Ash
Plant Botanical Name	Cercidiphyllum japonicum	Fraxinus excelsior
Specie Cultivars

SMALL TREES

Common Plant Names	Sourwood	Hedge Maple
Plant Botanical Name	Oxydendron arboreum	Acer campestre
Specie Cultivars		'Queen Elizabeth'

Common Plant Names	Amur Maple	Paperbark Maple
Plant Botanical Name	Acer ginnala	Acer griseum
Specie Cultivars	'Flame'

Common Plant Names	European Hornbeam	Hornbeam
Plant Botanical Name	Carpinus betulus	Ostrya virginiana
Specie Cultivars	'Upright'

PLANT LIST B

FLOWERING TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height not exceeding 30 feet. Other flowering trees which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

Common Plant Names	Callery Pear	Downy Serviceberry
Plant Botanical Name	Pyrus calleryana	Amelanchier canadensis
Specie Cultivars	'Aristocrat'
	'Chancellor'

Common Plant Names	Crabapple	Allegheny Serviceberry
Plant Botanical Name	Malus varieties	Amelanchier laevis
Specie Cultivars	Bob White	'Robin Hill'
	'Sargeant'
	'Snowdrift'
	'White Angel'

Common Plant Names	Eastern Redbud	Sweetbay Magnolia
Plant Botanical Name	Cercis canadensis	Magnolia virginiana
Specie Cultivars	'Flame'
	'Forest Pansey'
	'Royal'

Common Plant Names	Dogwood	Lilac
Plant Botanical Name		Syringa reticulata
Specie Cultivars	'Cornus florida'	Japanese Silk Lilac
	'Cornus kousa'	'Ivory Silk Lilac'
	'Cornus mas'

Common Plant Names	Golden Raintree	Witch Hazel
Plant Botanical Name	Koelreutaria paniculata	Hamamelis virginiana
Specie Cultivars

Common Plant Names	Green Hawthorne	Flowering Ash
Plant Botanical Name	Crataegus virdis	Fraxinus ornus
Specie Cultivars		'Winter King'

Common Plant Names	Sargent Cherry	Saucer Magnolia
Plant Botanical Name	Prunis sargentii	Magnolia soulangiana
Specie Cultivars	'Columnaris'
	'Kwanzan'

Common Plant Names	Star Magnolia
Plant Botanical Name	Magnolis stellata
Specie Cultivars

PLANT LIST C

EVERGREEN TREES

These trees that are hardy in zones 5 - 6, are evergreen, can reach a mature height over 30 feet and if not limbed-up, can create a screen from the ground level up. Other evergreen trees which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

Common Plant Names	American Holly	Austrian Pine
Plant Botanical Name	llex opaca	Pinus nigra
Specie Cultivars	'Xanthocarpa'

Common Plant Names	Canadian Hemlock	Carolina Hemlock
Plant Botanical Name	Tsuga canadensis	Tsuga caroliniana
Specie Cultivars

Common Plant Names	Eastern Red Cedar	Colorado Blue Spruce
Plant Botanical Name	Juniperus virginiana	Picea pungens
Specie Cultivars		Glanca

Common Plant Names	Norway Spruce	Scotch Pine
Plant Botanical Name	Picea abies	Pinus sylvestris
Specie Cultivars

Common Plant Names	Southern Magnolia	White Fir
Plant Botanical Name	Magnolia grandiflora	Abies concolor
Specie Cultivars

Common Plant Names	White Pine
Plant Botanical Name	Pinus strobus
Specie Cultivars

PLANT LIST D

DECIDUOUS SHRUBS

These perennial woody plants grow at least 3 feet in height, are tolerant in zones 5 - 6 and are deciduous. Other deciduous shrubs which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

Common Plant Names	Burning Bush	Doublefile Viburnum
Plant Botanical Name	Euonymus alatus	Viburnum plicatum tomentosum
Specie Cultivars	'Compactus'

Common Plant Names	Forsythia Species	Quince
Plant Botanical Name		Chaenomeles speciosa
Specie Cultivars

Common Plant Names	Shrub Cinquefoil	Spirea Species
Plant Botanical Name	Potentilla fruticosa
Specie Cultivars

Common Plant Names	Spreading Cotoneaster	Winterberry Barberry
Plant Botanical Name		Berberis julianne
Specie Cultivars	Cotoneaster divaricata

PLANT LIST E

EVERGREEN SHRUBS

These perennial woody plants grow at least 3 feet in height, are tolerant in zones 5 -6 and are evergreen. Other evergreen shrubs which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

Common Plant Names	Anglojap Yew	Blue Holly
Plant Botanical Name	Taxus x media	llex x meserveae
Specie Cultivars	'Brownii'	'Blue Angel'
	'Densiformis'	'Blue Prince'
	'Hicksii'	'Blue Princess'
	'Wardii'

Common Plant Names	Chinese Juniper	Japanese Holly
Plant Botanical Name	Juniperis chinensis	llex crenata
Specie Cultivars	'Hetzil'	'Microphylla'
	'Keteleeri'	'Rotundifolia'
	'Mint Julip'
	'Robusia Green'

Common Plant Names	Japanese Yew	Korean Boxwood
Plant Botanical Name	Taxus cuspidata	Buxus microphylla koreana
Specie Cultivars	'Capitata'
	'Intermedia'
	'Nana'

Common Plant Names	Leatherleaf Viburnum	Mugho Pine
Plant Botanical Name	Viburnum rhytidophyllum	Pinus mugho
Specie Cultivars

Common Plant Names	Spreading Yew
Plant Botanical Name	Taxus x media
Specie Cultivars

(Ord. 99-1966. Passed 5-4-99.)

1191.01 PURPOSE, SCOPE, AND APPLICATION.

(a) Purpose. The purposes of these sign regulations are to:

Encourage the effective use of signs as a means of communication in the City.

Maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth.

Improve pedestrian and traffic safety.

Minimize the possible adverse effect of signs on nearby public and private property.

Enable the fair and consistent enforcement of these sign regulations.

These sign regulations are adopted under the zoning authority of the City in furtherance of the more general purposes set forth in the Zoning Ordinance.

(b) Applicability.

(1) The regulations contained in this chapter shall apply to all signs and all use districts.

(2) No sign shall be erected, established, modified, created, or maintained in the City of Milford without the issuance of a building permit, zoning certificate and the payment of fees unless otherwise exempted in this Chapter.

(3) No permit is required for the maintenance of a sign or for a change of copy on changeable copy signs.

(4) A change of sign panels or letters requires a zoning certificate.

(5) All signs installed, erected, or attached to a structure shall comply with the City of Milford and/or State of Ohio building and fire codes.

(6) All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the local Electrical Code in effect.

(7) Governmental signs are excluded from the scope of these regulations.

(Ord. 99-1966. Passed 5-4-99.)

1191.02 DEFINITIONS.

Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Ordinance of the City shall be given the meanings set forth in such Ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of these regulations.

(1) Abandoned Sign. A sign which for a period of at least one (1) year no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity conducted on the subject premises, and/or for which no legal owner can be found.

(2) Alteration. Any change in copy, color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration.

(3) Animated Sign. A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:

A. Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

B. Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

C. Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

i. Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non illumination. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.

ii. Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation by various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

(4) Awning. A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. (Compare marquee.)

(5) Awning Sign. A sign painted on, printed on or attached to the surface of an awning and does not project vertically above or horizontally beyond the physical dimensions of the awning.

(6) Balloon Sign. A lighter than air gas filled balloon, tethered in a fixed location temporarily, that has a sign with a message on its surface or attached in any manner to the balloon.

(7) Banner Sign. A temporary, lightweight sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind, that deforms under light pressure, excluding flags, emblems and insignia or political, professional, religious, education or corporate organizations providing that such flags, emblems and insignia are displayed for noncommercial purposes.

(8) Bench Sign. Advertising or business signs painted on or affixed to a bench, chair, seat or other structure or device designed or used for sitting purposes.

(9) Billboard. An off-premise sign.

(10) Building Code. The Building Code as adopted by the City of Milford.

(11) Building Identification Sign. Any sign located at or near an entrance to or within an industrial, office, or residential development containing the name or address of a building and may include hours of operation and emergency information.

(12) Building/Zoning Inspector. The Chief Building Official for the City of Milford or his designated representative.

(13) Building Sign. See wall sign.

(14) Bulletin Board. A sign erected by a charitable, educational, religious institution, or a public body, which is erected upon the same property as such institution, for purposes of announcing events which are held on the premises, and contain no commercial message.

(15) Canopy (Attached). A structure other than an awning made of cloth, metal or other material with frames affixed to a building and carried by a frame which is supported by the ground.

(16) Canopy (Freestanding). A multi-sided overhead structure supported by columns, but not enclosed by walls.

(17) Canopy Sign. A permanent sign that is a part of or attached to a canopy.

(18) Changeable Copy Sign. A sign with the capability of content changed by means of manual or remote input, includes the following types:

A. Manually Activated. A changeable sign whose message copy or content can be changed manually on a display surface.

B. Electrically Activated. A changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combination of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. (See also Electronic Message Center)

(19) City. Means the City of Milford.

(20) Clearance. (of a sign). The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including the framework and embellishments, extending over that grade.

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

(22) Construction sign. A temporary sign identifying individuals or companies involved in design, construction, wrecking, financing or development when placed upon the premises where work is under construction.

(23) Directional/informational sign. A sign, providing no advertising of any kind except name of business, which provides direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to those signs identifying restrooms, public telephones, public walkways, parking areas and other similar facilities.

(24) Display Time. The amount of time a message and/or graphic is displayed on an Electronic Message Center.

(25) Dissolve. A mode of message transition on an Electronic Message Center sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

(26) Dynamic Frame Effect. An Electronic Message Center sign frame effect in which the illusion of motion and/or animation is used.

(27) Electronic Message Center. An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMC's typically use light emitting diodes (LEDs) as a lighting source. (See also the following terms associated with Electronic Message Centers: Display Time, Dissolve, Dynamic Frame Effect, Fade, Frame, Frame Effect, Scroll, Transition, Travel)

(28) External illumination. Illumination of a sign which is affected by an artificial source of light which is not contained within the sign itself.

(29) Façade. That portion of an enclosed building facing the street or that wall of a building through which there is primary access for customers. Where more than one business occupies the same building the façade for each business shall be that portion of the building occupied by the business which faces the street or which provides the primary access.

(30) Fade. A mode of message transition on an Electronic Message Center sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

(31) Flashing Sign. See Animated Sign.

(32) Footcandle. An English unit of measurement of the amount of light falling upon a surface (illuminance). One foot candle is equal to one lumen per square foot.

(33) Frame Effect. A visual effect on an Electronic Message Center sign applied to a single frame. (See also Dynamic Frame Effect)

(34) Freestanding Sign. A permanent sign supported upon the ground by poles or braces and not attached to any building. (Also known as a pylon or monument sign)

(35) Frontage, Street/Lot. The length of the property line of any one premise along a public right-of way on which it borders.

(36) Frontage, Building. Total lineal feet of enclosed building length along the façade that fronts the principal dedicated street, or the façade that contains the main entrance to the building.

(37) Governmental Sign. Any sign erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation.

(38) Grade. The average level of the finished surface of the ground adjacent to a sign or the exterior wall of the building to which a sign is affixed.

(39) Ground sign. (See freestanding sign.)

(40) Height. (of a sign) The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (compare "clearance") When base of the sign structure is below grade of street, measure height from grade of street. When base of the sign structure is above grade level of street, measure height from ground grade.

(41) Historical Marker. A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event.

(42) Holiday Decorations. Signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays or holiday seasons.

(43) Illegal sign. Any sign placed without proper approval or permits as required by the Code at the time of sign placement. Illegal sign shall also mean a sign which does not meet the requirements of this code and which has not received legal nonconforming status.

(44) Illuminated Sign. Any sign for which an artificial source of light is used in order to make readable the sign's message, including internally and externally lighted signs and reflectorized, glowing or radiating signs.

(45) Logo. A business trademark or symbol.

(46) Maintenance. The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

(47) Marquee. A permanent roof-like structure extending from part of the wall of a building but not supported by the ground, and constructed of durable material such as metal or glass. (compare "awning" and "canopy")

(48) Marquee sign. Any sign painted on or attached to or supported by a marquee.

(49) Multitenant sign. A sign which serves as common or collective identification for a group of businesses operating on the same building lot.

(50) Mural. A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business.

(51) Nameplate. A non electric on premise identification sign giving only the name, address and/or occupation of an occupant or group of occupants.

(52) Nonconforming sign. Means:

A. A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Ordinance.

B. A sign which does not conform to the sign code requirements but for which a special permit has been issued.

(53) Off Premise Sign. A sign which directs attention to a business, profession, activity, commodity, service or entertainment other than one conducted, sold or offered upon the premises where such sign is located or within the building to which such sign is affixed. The term "off premise sign" includes (an outdoor advertising sign on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

(54) On Premise Sign. Any sign used for promoting a business, individual, products, or service available on the premises where the sign is located.

(55) Owner. A person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building/Zoning Inspector, such as a sign leased from a sign company.

(56) Pennant. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from any rope, wire or string, usually in series, designed to move in the wind.

(57) Person. Includes any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.

(58) Placard Sign. (See projecting sign.)

(59) Pole Sign. (See freestanding sign.)

(60) Political Sign. A temporary sign identifying a political candidate, issue or party.

(61) Portable Sign. A sign not permanently affixed to the ground, a building or other structure, which may be moved from place to place, including, but not limited to, signs designed to be transported by means of wheels, menu and sandwich board signs and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the day to-day operations of the business.

(62) Projecting Sign. A sign that is perpendicular and affixed to a building or wall that extends more than twelve (12) inches beyond the line of such building or wall or beyond the surface of that portion of the building or wall to which it is affixed.

(63) Real Estate Sign. A temporary sign located on premises containing land or buildings for sale, lease or rent.

(64) Revolving or Rotating Sign. (See animated sign.)

(65) Roof Sign. A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building.

(66) Scroll. A mode of message transition on an Electronic Message Center sign in which the message appears to move vertically across the display surface.

(67) Shopping Center. A commercial development under unified control consisting of three or more separate commercial establishments sharing a common building, entrance way or parking area.

(68) Sign. Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, which is constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and displayed in any manner out of doors for recognized advertising purposes.

(69) Sign Face. An exterior display surface of a sign including nonstructural trim exclusive of the supporting structure.

(70) Snipe sign. A sign for which a permit has not been obtained which is attached to a public utility pole, light pole, service pole, or sign supports.

(71) Special Event Sign. Any temporary or non-permanent sign advertising or pertaining to any civic, patriotic or special event of general public interest.

(72) Surface Display Area. All solid surface areas of a sign, excluding air space. Structural members bearing no sign copy shall not be included.

(73) Temporary Sign. A nonpermanent sign erected, affixed and maintained on a premises for a short, usually fixed, period of time. Includes: banners, posters, pennants, ribbons, streamers, spinners, moving devices, strings of light, air activated graphics, and balloons.

(74) Transition. A visual effect used on an Electric Message Center sign to change from one message to another.

(75) Travel. A mode of message transition on an Electronic Message sign in which the message appears to move horizontally across the display surface.

(76) Vehicle Sign. (See Portable Sign.)

(77) Wall Sign. A sign attached directly to an exterior wall of a building (or dependent upon a building for support) with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by.

(78) Window, Area of. The area of a single window includes all of the window panes in an area that is separated by mullions, muntins, or other dividers which are less than 4 inches wide.

(79) Window Sign. A sign attached to, placed upon or painted on the window or door of a building which is intended for viewing from the exterior of such building.

(80) Zoning Ordinance. The Zoning Ordinance of the City of Milford.

(Ord. 99-1966. Passed 5-4-99.)

1191.03 COMPUTATIONS AND RULES OF MEASUREMENT.

The following principles shall control the computation of sign area and sign height.

(a) Computation of Sign Area.

(1) Freestanding Sign: The area of a freestanding sign shall be determined by computing the visible surface display are, that is, all solid surface area excluding air space and architectural features.

Figure 1191-1. Freestanding Signs. Source: Hamilton County Zoning Resolution

(2) Building Sign: The area of a building sign shall be determined by computing the visible surface display area, that is the words, numbers, and/or graphics which are totally enclosed by a frame or graphic design. In the case of words containing lower case letters mounted individually to the wall of the building, the area of the sign is the square footage area that is measured by taking the height of the lower case letters multiplied by the total word length. See Figure 1191-2.

Figure 1191-2. Building/Wall Signs. Source: United States Sign Council

(b) Computation of a Multifaced Sign Area.

(1) The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point.

(2) When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than twenty-four (24) inches apart, the sign area shall be computed by the measurement of one of the faces.

Figure 1191-3. Multifaced Sign. Source: Hamilton County Zoning Resolution

(1) The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached Component of the sign.

(2) Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structures height will be measured from the roadway grade to the highest point of the freestanding sign or structure. See Figure 1191-4.

Figure 1191-4. Height computation. Source: United States Sign Council.

(d) Street and Building Frontage.

(1) 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 wall defining the unit.

(2) The building frontage is the length of an outside building wall on a public or private street.

Figure 1191-5. Building Frontage. Source: Hamilton County Zoning Resolution

(e) Window Area.

(1) Where the sign area is based on the total window area, the window area shall be calculated as the total area of glass on the building frontage.

(f) Setbacks.

(1) The required setbacks for a sign shall apply to all elements of the sign including its frame and base.

(2) The setback of a freestanding sign shall be measured horizontally from the edge of the sign frame to the street right of way line or lot line.

(Ord. 99-1966. Passed 5-4-99.)

1191.04 SIGNS IN RIGHT OF WAY; OBSTRUCTING VISION OR TRAFFIC.

(a) No sign shall be placed in any public right of way except:

(1) Publicly owned signs, such as traffic control signs and directional signs.

(2) Placard/projecting, marquee, awning and canopy signs may project over a public right-of-way if they are in conformity with Section 1191.10(d).

(3) No signs may be placed on public property without the express permission of the City Manager.

(4) Sandwich board signs in the Milford River District if they conform to Section 1191.09(a).

(b) No sign or other advertising structure as regulated by this chapter shall be erected at:

(1) The intersection of any streets in such a manner as to obstruct free and clear vision.

(2) At any location where, by reason of the position, shape or color, it may interfere with traffic, obstruct the view of traffic or be confused with use of words such as "stop", "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(Ord. 99-1966. Passed 5-4-99.)

1191.05 ILLUMINATION.

The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts, or adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect on or into residential structures.

Lighting of signage in the MRD shall be from an external source. Internally lighted signs are not permitted.

(Ord. 99-1966. Passed 5-4-99.)

1191.06 PROHIBITED SIGNS.

(a) The following types of signs are prohibited in all districts:

(1) Abandoned signs.

A. Any sign now or hereafter existing which no longer advertises a bona fide business conducted on the premises or a product sold on the premises for a period of one (1) year shall be deemed to be abandoned.

B. Such a sign shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such a sign may be found within thirty (30) days after written notification to the owner from the Building/Zoning Inspector.

C. Upon failure to comply with such notice within the time specified in such order, the City Manager is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property, building or structure on which such sign is erected, or to which such a sign is attached.

D. All signs shall be in conformance with Section 1191.08 regarding the maintenance of all signs.

(2) Pennants, banners (except as otherwise specifically permitted under this Chapter), streamers and similar type devices intended to grab the attention of drivers or pedestrians.

(3) Roof signs and signs that extend above or beyond the façade, except as otherwise specifically permitted under this Chapter.

(4) Flags intended for advertising or commercial purposes.

(5) Beacons and searchlights, except for emergency purposes.

(6) Flashing, moving, blinking, racer type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable sign and tethered balloons, ribbons, spinners, exposed light bulbs, and strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices.

(7) Off premise signs except as otherwise specifically permitted under this Chapter.

(8) Snipe signs.

(9) Portable advertising signs (mobile signs on wheels) and signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying such sign, except as otherwise specifically permitted under this Chapter. (This does not apply to signs or lettering on buses, taxis or vehicles operating during the normal course of business.)

(10) Signs imitating or resembling official traffic or government signs or signals.

(11) No person shall display upon any sign or other advertising structure any obscene, indecent, or immoral matter.

(12) Bench signs shall not be permitted except in conformance with requirements for on premise or off premise signs.

(13) Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes.

(Ord. 99-1966. Passed 5-4-99.)

1191.07 PERMIT EXEMPTIONS.

(a) Signs Not Requiring Permits. The following types of on premise signs are exempted from permit requirements but shall be in conformance with all other requirements of this chapter. All signs in this section, unless otherwise stated below, shall be permitted in all zones, and shall be setback a minimum of ten (10) feet from the right-of-way, access easement, or edge of pavement, whichever is the greater setback, and five (5) feet from all other property lines:

(1) Construction signs of six (6) square feet or less.

(2) Two Directional/informational signs per driveway of four (4) square feet or less and no greater than four (4) feet in height.

(3) Holiday decoration for religious or national holidays. Such decorations may bIink, flash, or move. No such holiday decorations shall interfere with traffic, present any hazard, or be detrimental to public health, safety, or morals.

(4) One (1) nonilluminated nameplate indicating a home occupation or profession of four (4) square feet or less.

(5) Signs denoting the name and address of the occupants of the premises, not to exceed two (2) square feet in area.

(6) Public signs or notices, or any sign relating to an emergency.

(7) Any sign advertising the sale, lease or rental of the premises upon which the sign is located, which shall not exceed twelve (12) square feet in area except in all residential districts where the area of the sign shall not exceed six (6) square feet in area.

(8) Any sign advertising a commercial enterprise, including real estate developers or subdividers, in a district zoned residential which shall not exceed six (6) square feet in area and shall advertise only the names of the owners, trade names, products sold and/or the business or activity conducted on the premises where such a sign is located.

(9) Political signs may be erected on any property on which the owner has given permission.

(10) Signs identifying farms, estates or buildings other than dwellings of four (4) square feet or less.

(11) Warning signs: No hunting, no trespassing, keep off the grass, no dumping or signs of similar nature of four (4) square feet or less.

(12) Illuminated window signs shall not exceed twenty-five (25%) percent of the area of a window and the total area of all window signs, including illuminated and non illuminated window signs, shall not exceed fifty percent (50%) of the window area.

(13) One temporary sign not exceeding twenty-four (24) square feet in area on the premise of an institutional use, announcing special public events such as fairs, carnivals, festivals, social or similar charitable activities, when the same are located on the premises of such institutions may be erected for a period not exceeding thirty (30) days. Such signs shall be removed within three (3) days from the final day of the event.

(14) A Grand Opening banner not to exceed thirty-two (32) square feet will be permitted for a new business for a total of thirty (30) days in addition to the temporary signs permitted in each zoning district.

(Ord. 99-1966. Passed 5-4-99.)

1191.08 MAINTENANCE.

(a) All signs shall be properly maintained.

(1) Exposed surfaces shall be clean and painted if paint is required.

(2) Defective parts shall be replaced.

(3) The Building/Zoning Inspector shall have the right to order the repair or removal of any sign which is defective, damaged or substantially deteriorated.

(b) Should any sign be or become unsafe or be in danger of falling, the owner thereof or other person maintaining same, shall upon receipt of written notice from the Building/Zoning Inspector, proceed at once to correct the unsafe condition, and/or remove the sign in question.

(Ord. 99-1966. Passed 5-4-99.)

1191.09 REGULATION OF ON-PREMISE SIGNS BY ZONE; PERMIT REQUIRED.

(a) Sandwich Board Signs.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Sandwich Board	Yes	Yes	Yes	No

(1) One (1) sandwich board sign shall be permitted for each business.

A. Signs shall not exceed twenty-four (24) inches in width per face and thirty-six (36) inches in height.

B. Signs shall only be allowed when a store is open for business and shall not remain overnight.

C. Six (6) feet of sidewalk must be kept clear for use of pedestrians.

D. Each business located in a multitenant shopping center shall be permitted one (1) sandwich board sign located on the covered walks of such buildings and are not permitted anywhere else on the property.

(b) Building/Wall Signs.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Building/Wall Sign	Yes	Yes	Yes	No
Maximum Permitted Square Feet	60	100	60	NA

(1) Building signs shall be limited to one and one-half (1.5) square feet of sign area for each lineal foot of building or tenant frontage, but shall not exceed the maximum permitted square footage as outlined above.

(2) The above ration shall apply separately to each building elevation visible from a public or private street. Multiple wall signs are permitted as long as the total building sign area does not exceed the allowance established for building signs.

(3) Projections of building signs shall not exceed fourteen (14) inches measuring from the face of the main building.

(4) Bulletin Boards customarily incidental to institutional uses shall not exceed fifteen square feet in area.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Multiple Story Building/Wall Sign	Yes	Yes	Yes	No

(1) An additional building sign is permitted on a multiple story building according to the following:

A. For a building with two (2) floors the additional permitted sign area is thirty (30) square feet for each eligible frontage.

B. This additional permitted sign area may be increased by ten (10) square feet for each additional building floor.

C. The sign must be placed at the height for which the bonus has been granted.

(d) Placard/Projecting Signs.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Placard/Projecting Sign	Yes	No	Yes	No

(1) Projecting signs are permitted on the frontage of a main building.

(2) Sign shall not exceed thirty (30) square feet of display area.

(3) Sign shall not project more than seven (7) feet beyond the face of the main building, and provide a six (6) inches clearance between sign and building or wall.

(4) Sign shall not extend beyond the back of the curb.

(5) Sign shall not illuminate and/or reflect.

(6) The bottom of the sign shall not be less than eight (8) feet above the finished grade of the sidewalk.

(e) Marquee, Awning, and Canopy Signs.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Marquee/Awning/Canopy Sign	Yes	No	Yes	No

(1) Marquee, Awning, and Canopy signs are considered wall signs and shall be included as a part of the total wall sign area.

(2) The gross surface area of an awning, canopy, or marquee sign shall not exceed fifty percent (50%) of the gross surface area of the smallest face of the awning, canopy, or marquee to which sign is affixed.

(3) Signs attached to a marquee shall not project over twelve (12) inches beyond the fascia or vertical surface of the marquee.

(4) Letters may be placed on top of the leading edge of the roof on a marquee sign.

(5) No sign or sign structure except as mentioned above shall be placed on the roof of a marquee.

(6) All marquee, awning, and canopy signs shall be non illuminated and/or nonreflecting.

(7) No advertising shall be placed on any awning or canopy except the name of the owner and/or business conducted on the premises.

(f) Freestanding On Premise Signs.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Freestanding Sign	Yes	Yes	Yes	Yes
Maximum Permitted Square Feet	35	60	35	24
Maximum Height	18'	30'	18'	6'
Shopping Center Maximum Square Feet	50	100	50	NA
Setback	NA	10'/50'	10'	10'

(1) Such signs may be either in the form of a pole sign or a ground mounted sign.

(2) Signs shall not exceed the maximum permitted square footage as outlined above.

(3) No such signs or any portion of the structure they may be integral with shall exceed the maximum permitted height as outlined above.

(4) There shall be only one (1) freestanding sign for each building, regardless of the number of businesses conducted in the building.

(5) Signs shall be setback a minimum of ten (10) feet from any street right of way or adjoining property line and shall not be closer than fifty (50 feet to any adjoining residential district.

(6) Ground signs shall be designed to be permanent in appearance.

(7) Shopping Centers: A multitenant sign shall be permitted in a shopping center consisting of three (3) or more separate commercial establishments; the sign shall not exceed the maximum permitted square footage as outlined above nor the maximum permitted height.

(8) Residential Subdivision Signs: A permanent residential subdivision or identification sign which identifies the name of the complex or subdivision may be located within the subdivision or complex, provided signs proposed to be located in the right of way, require written approval from the City Manager. Such signs are to be illuminated through indirect lighting only.

(g) Electronic and Manual Changeable Copy Signs.

	Zoning Districts
	B-1, B-2, MRD, F	B-3, B-5, O, L-I	I	Residential
Changeable Copy Sign	Yes, Manual	Yes	Yes	No
Manual - Wall Maximum Permitted Square Feet	Up to 30	Up to 50	Up to 30	NA
Manual - Freestanding Maximum Permitted Square Feet	Up to 18	Up to 30	Up to 18	NA
Electronic - Wall Maximum Permitted Square Feet	NA	Up to 50	Up to 30	NA
Electronic - Freestanding Maximum Permitted Square Feet	NA	Up to 30	Up to 18	NA

(1) Where permitted Changeable copy by electric or non-electric means may be utilized on a freestanding or building sign.

(2) Only one (1) EMC/Changeable copy sign is permitted on a zoning lot for each street on which the development fronts and the sign is visible unless additional EMC/Changeable Copy signs are approved by Planning Commission.

(3) The permitted changeable copy square footage area is fifty percent (50%) of the total square footage of the wall or freestanding sign requested by the applicant. For example: The applicant requests a fifty-six (56) square foot wall sign in the B-3 District; the applicant would be permitted a changeable copy area not to exceed twenty-eight (28) square feet.

(4) EMC/Changeable Copy signs are permitted provided that the display does not change more than once every eight (8) seconds.

(5) Achieves a change to another static image in a period of two (2) seconds or less. No animation is permitted during the transition.

(6) The illuminance of an EMC shall be measured with an illuminance meter in accordance with the standards outlined in Appendix A. The difference between the off and solid message measurements using the EMC Measurement Criteria shall not exceed 0.3 footcandles at night.

(7) All EMC signs shall have automatic dimming controls that adjust the brightness to the ambient light at all times of day and night.

(8) Contain a default design that will freeze the sign in one position if a malfunction occurs.

(h) Fuel Price Displays. Digital fuel price signs are permitted for automotive fuel sales. Such price signs shall be included in the allowable sign area for the use.

(Ord. 99-1966. Passed 5-4-99.)

1191.10 TEMPORARY SIGNS; PERMIT REQUIRED.

(a) One (1) temporary banner or temporary changeable copy sign shall be permitted at any one time for each business or institutional use in all zoning districts.

(1) Signs shall not exceed thirty-two (32) square feet in area.

(2) Signs shall be permitted for a period not to exceed twenty-one (21) days. The sign shall be removed from the building frontage and/or the front yard setback for a minimum of fourteen (14) days upon expiration of the twenty-one day period. Failure to comply with this section may result in applicant losing temporary permitting privileges for the remainder of the year.

(3) A business owner may receive a total of four (4) temporary sign permits annually; each permit will require a separate application and permit fee.

(Ord. 99-1966. Passed 5-4-99.)

1191.11 SIGNS REQUIRING APPROVAL BY PLANNING COMMISSION.

(a) Roof Signs. Roof signs shall not be permitted except upon approval by the Planning Commission. The Planning Commission may grant approval for a roof sign only in those cases where the applicant demonstrates practical difficulties in utilizing a wall sign or a freestanding sign and demonstrates that the roof sign will be in keeping with the spirit and intent of this chapter.

(b) Billboards. Off premises signs may be permitted as a conditional use in a B-3, B-5, and L-I District provided that such signs shall not be greater than 150 square feet. Signs that are designed for displaying two (2) sides of a display area shall not exceed 300 square feet in total area, provided that both sign surfaces are on the same plane and all parts of the advertising surfaces of both sides are not more than thirty (30) inches apart, provided further that such signs shall not be located closer than fifty (50) feet to any adjoining property line and public road right-of-way, or closer than 100 feet to any adjoining residential district.

(Ord. 99-1966. Passed 5-4-99.)

1191.12 NONCONFORMING SIGNS.

(a) Determination of Legal Nonconformity. Existing signs which do not conform to the specific provisions of this chapter may be eligible for the designation "legal nonconforming" provided they are not in violation of either of the following:

(1) The Building/Zoning Inspector determines that such signs are properly maintained and do not in any way endanger the public or constitute a nuisance.

(2) The sign was covered by a valid permit or variances or complied with all applicable laws on, the date of adoption of this chapter.

(b) Loss of Legal Nonconforming Status. A legal nonconforming sign loses this designation if:

(1) The sign is relocated or replaced; or

(2) The structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance.

(c) Maintenance and Repair of Nonconforming Signs. The legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance and repair. However, if the sign suffers more than fifty percent (50%) appraised damage or deterioration; it shall be brought into conformance with this code or removed.

(Ord. 99-1966. Passed 5-4-99.)

1191.99 VIOLATIONS AND PENALTIES.

(a) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any sign in violation of any of the provisions of this chapter, or any amendment or supplement thereto adopted by the City. Any person, firm or corporation violating any of the provisions of this chapter, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars ($200.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, may be deemed a separate offense.

(b) Any sign installed or placed upon public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

(Ord. 99-1966. Passed 5-4-99.)

CHAPTER 1193
Cellular or Wireless Communication Systems

1193.01 Purpose.

1193.02 Definitions.

1193.03 Use regulations.

1193.04 Standards of approval for conditionally permitted cellular or wireless communications antennas and towers.

1193.05 Standards of approval of all cellular or wireless communications antennas and towers.

1193.06 Maintenance.

1193.01 PURPOSE.

In recognition of the quasi-public nature of cellular and/or wireless communication systems, it is the purpose of these regulations to accomplish the following:

(a) Accommodate the need for cellular or wireless communication towers while regulating their location and number in the City;

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

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

(Ord. 99-1966. Passed 5-4-99.)

1193.02 DEFINITIONS.

The following definitions shall apply to this Section:

(a) Cellular Communication Services shall mean personal communications accessed by means of cellular equipment and services.

(b) Cellular or Wireless Communications Antenna shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

(c) Cellular or Wireless Communications Site shall mean a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission.

(d) Cellular or Wireless Communications Support Structure shall mean any building or structure accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.

(e) Cellular or Wireless Communications Tower shall mean any freestanding structure used to support a cellular or wireless communications antenna.

(f) Cellular or Wireless Communications Tower, Height of, shall mean the height from the base of the structure to its top; including any antenna located thereon.

(g) Personal Wireless Services shall mean mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

(Ord. 99-1966. Passed 5-4-99.)

1193.03 USE REGULATIONS.

The following use regulations shall apply to cellular or wireless communication antennas and towers:

(a) A cellular or wireless communications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower or other tall structure, shall be permitted as of right in all zoning districts. Cellular or wireless communications antenna may also be located on the top of buildings which are at least fifty (50) feet in height.

Any cellular or wireless communications antenna that is mounted to an existing structure as indicated above shall be painted a color which matches or is compatible with the structure on which it is located.

(b) A cellular or wireless communications antenna that is not mounted on an existing structure or is more than fifteen (15) feet higher than the structure on which it is mounted, is permitted as a conditional uses in the B-3, B-5, L-I and I zoning districts.

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

(d) Cellular or wireless communications sites shall not be located in any residential zoning district including the R-1, R-2, R-3, R-3, R-4 and R-5 zoning districts nor shall they be located any closer to these residential zoning districts according to the following:

(1) Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district or use.

(2) Cellular or wireless communication towers less than 150 feet in height shall be located no closer than 750 feet to any residential zoning district or use.

(3) Cellular or wireless communication towers 150 feet in height and greater shall be located no closer than 1,000 feet to any residential zoning district or use.

(Ord. 99-1966. Passed 5-4-99.)

1193.04 STANDARDS OF APPROVAL FOR CONDITIONALLY PERMITTED CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.

The following standards shall apply to all conditionally permitted cellular or wireless communication antennas and towers:

(a) The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system.

(b) If the cellular or wireless communications company proposed to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), the company is required to demonstrate that it has contacted the owner of nearby tall structures within a one (1) mile radius of the proposed site, asked for permission to install the cellular or wireless communications antennas on those structures, and was denied for reasons other than economic ones. "Tall structures" shall include, but are not limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, antenna support structures of other cellular or wireless communication companies, other communication towers and roadway lighting poles.

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

(Ord. 99-1966. Passed 5-4-99.)

1193.05 STANDARDS OF APPROVAL OF ALL CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.

(a) Antenna/Tower Height. The applicant shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved.

(b) Setbacks from the Base of the Tower. If a new cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be the greater of the following:

(1) Forty percent (40%) of the tower height;

(2) The minimum setback in the underlying zoning district; or

(3) Fifty (50) feet.

(c) Cellular or Wireless Communications Tower Safety. The applicant shall demonstrate that the proposed cellular or wireless communications tower and its main antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. Furthermore, all cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers.

(d) Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight (8) feet in height and shall be erected to prevent access to non-authorized personnel.

(e) Landscaping.

(1) Any freestanding cellular or wireless communications tower shall incorporate landscaping which included trees, shrubs, and other landscaping vegetation that is subject to review and is acceptable to the Planning Commission. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(2) The City may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

(3) If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.

(f) Limiting the Number of Cellular or Wireless Communications Towers. In order to reduce the number of antenna support structures needed in the city in the future, the proposed cellular or wireless communications tower shall be required to accommodate other users, including other cellular communications companies, and local police, fire and ambulance departments.

(g) Licensing. The cellular or wireless communications company must demonstrate to the City that it is licensed by the Federal Communications Commission (FCC).

(h) Required Parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with Chapter 1187, Off-Street Parking and Loading Requirements.

(i) Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA. Furthermore, no cellular communications towers or antenna shall contain any signage containing a commercial message.

(j) Site Plan Required. A full site plan shall be required for all proposed cellular or wireless communications sites at a scale of 1 inch to 100 feet (1" = 100'), indicating, as a minimum, the following:

(1) The total area of the site;

(2) The existing zoning of the property in question and all adjacent properties;

(3) All public and private right-of-ways and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned;

(4) Existing topography with a maximum of five (5) foot contour intervals;

(5) The proposed finished grade of development shown by contours not exceeding five (5) foot contours;

(6) The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings;

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

(8) All existing and proposed sidewalks and open areas on the site;

(9) The location of all proposed fences, screening and walls;

(10) The locations of all existing and proposed streets;

(11) All existing and proposed utilities including types and grades;

(12) The schedule of any phasing of the project;

(13) A written statement by the cellular or wireless communications company as to the visual and aesthetic impacts of the proposed cellular or wireless communications tower on all adjacent residential zoning districts;

(14) Any other information as may be required by the Planning Commission to determine the conformance with this Zoning Code.

Upon submission of a complete application for site plan review to the Zoning Inspector, the application shall be transmitted to the Planning Commission where they shall review the site plan to determine if it meets the purpose and requirements as established in this section, the requirements of the zoning district where the proposed cellular or wireless communications site is located and any other applicable Sections of this Zoning Ordinance.

The Planning Commission shall act upon all site plans within thirty-five (35) days after the receipt of the complete application from the Zoning Inspector. The Planning commission may approve, disapprove or approve with modification the site plan as submitted. Within the said thirty-five (35) day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period of time, not to exceed an additional sixty (60) days. (Ord. 99-1966. Passed 5-4-99.)

1193.06 MAINTENANCE.

Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or wireless communications tower that has discontinued its service for a period of twelve (12) continuous months or more shall be removed, along with all accessory structures related hereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, unused or has ceased the daily activities or operations which had occurred.

(Ord. 99-1966. Passed 5-4-99.)

1195.01 REQUIREMENTS AND PROCEDURE.

Conditional uses may be permitted if expressly authorized by the Planning Commission after public notice and hearing and subject to any additional limitations and restrictions deemed necessary by the Planning Commission. Any conditional use granted under the requirements specified herein shall be limited to the present owner of the property for which the conditional use is requested, unless otherwise specified by the Planning Commission.

(Ord. 99-1966. Passed 5-4-99.)

1195.02 SITE PLAN.

Any application for a conditional use shall be accompanied by a site plan as set forth in Chapter 1127, Site Plan Review. The Planning Commission has the authority to waive this requirement on a case by case basis.

(Ord. 99-1966. Passed 5-4-99.)

1195.03 PUBLIC HEARING; ZONING COMPLIANCE CERTIFICATES.

Prior to authorizing a conditional use, the Planning Commission shall conduct a public hearing after notice of said hearing has been given. The Zoning Inspector shall issue a Zoning Compliance Certificate for the conditional use following the hearing and upon an affirmative vote finding by the Planning Commission that such conditional use satisfies the requirements of this Chapter. (Ord. 99-1966. Passed 5-4-99.)

1195.04 STANDARDS FOR ALL CONDITIONAL USES.

In review of a conditional use application, the Planning Commission shall consider whether there is adequate evidence that the proposed conditionally permitted use is consistent with the following standards:

(a) The conditional use is consistent with the spirit, purpose and intent of the Comprehensive Plan, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare.

(b) The proposed conditional use is to be located in a district wherein such use may be permitted, subject to the requirements of Chapter 1195, Conditional Uses.

(d) Minimum standards for parking and loading areas shall be as required in Chapter 1187, Off-Street Parking and Loading Requirements;

(e) Minimum Standards for landscaping shall be as required in Chapter 1189, Landscaping and Bufferyard Requirements; and

(f) The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, stormwater facilities, water, sewer, and schools.

(Ord. 99-1966. Passed 5-4-99.)

1195.05 SPECIFIC STANDARDS FOR EACH CONDITIONAL USE.

The following minimum requirements shall be imposed on conditional uses in addition to those requirements of the zoning district where the subject use is located. Additional requirements may be imposed by the Planning Commission if deemed desirable. In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this code.

(a) Agricultural Uses.

(1) Agricultural uses such as pasturage, horticulture, floriculture, viticulture, raising of crops, or other similar, non animal related, agricultural uses shall be permitted as of right in all residential districts.

(2) The raising of livestock or other non-domestic animals shall be restricted to parcels of land that are greater than ten (10) acres in size.

(3) Where properties are adjacent to residential uses, livestock and non-domestic animals shall be maintained in an area that is a minimum of two hundred (200) feet from any property line adjacent to a residential district or use and a minimum of one hundred (100) feet from all other property lines.

(b) Animal/Veterinary Hospitals.

(1) All structures and activity areas, except off-street parking, shall be located no less than forty (40) feet from all lot lines.

(2) Adequate soundproofing and odor control will be provided to meet the performance standards specified in Chapter 1185, Performance Standards.

(3) All boarding of animals shall be conducted within the main structure and shall be restricted to the overnight boarding of animals for medical purposes and observation.

(4) If an outdoor area for exercise is to be provided, a fence and adequate buffering shall be provided between residential districts or uses.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(1) No structure shall exceed thirty-five (35) feet in height

(2) All structures and activity areas, except off-street parking, shall be located no less than forty (40) feet from all lot lines.

(3) No gas tanks shall be permitted.

(4) No underground tanks shall be permitted unless approved by the authority having jurisdiction and by the Planning Commission.

(5) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(6) All points of ingress/egress shall be located as far as practically possible from intersections of two or more major thoroughfares.

(7) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.

(8) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.

(9) Employee vehicles and vehicles waiting for servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan.

(10) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(11) Not more than thirty-six (36) square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waster prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off-site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any right-of-way line and shall be located no more than ten (10) feet from the principal building.

(12) Such use shall not be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps is located within fifty (50) feet of a Residential District, except where such appliance or pit is enclosed within a building.

(13) Such use shall not have an ingress/egress drive for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children except where such property is in another block or on another street which the lot in question does not abut.

(d) Automotive Sales.

(1) No structure shall exceed thirty-five (35) feet in height.

(2) All structures and activity areas, except off-street parking, shall be located no less than forty (40) feet from all lot lines.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from intersections of two (2) or more major thoroughfares.

(5) Any repair shop or establishment that is accessory to the sale of motor vehicles shall meet the conditional requirements of Automotive Repair Establishments.

(6) Lubrication and other incidental servicing other than washing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.

(7) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.

(8) Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan.

(9) Parking areas and vehicle display areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(e) Automotive Service Stations.

(1) No structure shall exceed thirty-five (35) feet in height.

(2) All structures and activity areas, except off-street parking, gasoline pump islands and canopies, shall be located no less than forty (40) feet from all lot lines. Gasoline pump islands shall be located no less than twenty-five (25) feet from the road right of way. Canopies shall be located no closer than fifteen (15) feet from the road right-of-way.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from intersections of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(6) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.

(8) Employee vehicles and vehicles waiting for servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan. Such parking areas shall be located no less than fifty (50) feet from a road right-of-way.

(9) Not more than thirty-six (36) square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waster prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off-site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any right-of-way line and shall be located no more than ten (10) feet from the principal building.

(10) Notwithstanding any other provision of this or other Chapters relating to the development of automotive service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility of intersections or at station driveways shall be permitted.

(11) Such use shall not be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps is located within fifty (50) feet of a Residential District, except where such appliance or pit is enclosed within a building.

(12) Such use shall not have an ingress/egress drive for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children except where such property is in another block or on another street which the lot in question does not abut.

(13) Every lot or parcel used as an automotive service station shall be paved with asphaltic or concrete surfacing, and shall be adequately drained.

(14) No automotive sales shall be permitted on the premises.

(15) All outdoor displays shall meet the regulations set forth in Section 1181.14.

(16) Abandonment. The following shall regulate the abandonment of automobile service stations:

A. If any automotive service station is abandoned for a period of at least six (6) consecutive months in any eighteen (18) month period, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.

B. Such abandoned condition shall be abated within sixty (60) days either by placing the station in operation in accordance with this section and other applicable laws and regulations of the Municipality and State, adopting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the authority having jurisdiction and filling depressions to grade level of the lot, however, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provision of this subsection shall not apply.

Whenever the Zoning Inspector shall find any automotive service station to be abandoned, the Zoning Inspector shall give notice in the same manner as service summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address to which tax bills are sent, or by a combination of the foregoing methods.

C. On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take action as may be necessary to abate such nuisance.

D. Inoperative service stations which do not come within the definition of an abandoned station shall be maintained in accordance with the provisions of this Section and other applicable laws and regulations, and the owner shall maintain the premises, mowing grass, removing weeds and rubbish. The parking of motor vehicles on the premises shall be strictly monitored.

(f) Automotive Wash Establishments.

(1) No structure shall exceed twenty (20) feet in height.

(2) All structures and activity areas shall be located no less than 100 feet from all residential uses and zones.

(3) A minimum of two (2) stacking spaces for each washing stall shall be provided.

(4) A minimum of one (1) parking space for each washing stall shall be provided for the purpose of drying vehicles.

(5) No space shall obstruct the ingress/ egress of other vehicles.

(6) Stacking and drying spaces shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(g) Bed and Breakfast Lodging Establishments.

(1) The owner of the premises used for a bed and breakfast shall reside in the dwelling full-time.

(2) No more than three (3) bedrooms in any dwelling may be used for bed and breakfast lodging. A guest room shall contain no less than 100 square feet of living space, not including closets. A maximum of two (2) guests is permitted per room.

(3) A minimum of one (1) full bath, including shower, toilet, and sink shall be available for the exclusive use of bed and breakfast paying guests.

(4) Only one (1) meal shall be served to each guest of the bed and breakfast and that meal shall be breakfast. No cooking facilities shall be permitted in individual guest quarters.

(5) One (1) off-street parking space shall be provided for each bedroom offered for bed and breakfast lodging and one off-street space shall be retained for the dwelling unit. Such off-street spaces may be provided in an existing driveway.

(6) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(7) Each paying guest shall stay at the bed and breakfast for not more than seven (7) consecutive nights in a single year, nor more than a total of twenty-one (21) nights in any given calendar year.

(8) The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests.

(9) Only one (1) on premise sign shall be permitted for each bed and breakfast and shall not exceed four (4) square feet per side,

(10) Bed and Breakfast Lodging Establishments shall acquire and maintain any necessary State and County licenses and shall comply with all pertinent legislation.

(h) Cellular or Wireless Communications Systems. All Cellular or Wireless Communications Systems shall meet the requirements set forth in Chapter 1193, Cellular or Wireless Communications Systems.

(i) Child Day Care Centers.

(1) Child Day Care Centers are conditionally permitted in the R-1, R-2, R-3, R-4, R-5, B-1, B-2, B-3, B-5, O, I, and L-I zoning districts.

(2) A site plan shall be provided as a part of the application which shall clearly denote lot lines, the footprint(s) of any structure(s), the footprint(s) of any proposed new construction, parking areas, driveways, walkways, landscape details, setbacks from adjoining properties, and accessory uses, long with a rendering from each of the lot lines. Requirements are subject to Chapter 1127, Site Plan Review.

(3) A traffic and circulation plan shall be submitted. The design and location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Milford Planning Commission so as to reduce congestion, promote safety, and reduce the impact of the residential character of the neighborhood, when located in or adjacent to a residential district. The plan shall provide for the separation of incoming and outgoing vehicles during high volume period and shall provide a safe drop off point for children that will not impede traffic.

(4) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(5) Screening from adjacent residential areas, or from adjacent houses in a non-residential zone, is required on the perimeter of the parcel. Screening shall meet minimum requirements set forth in Chapter 1189, Landscaping and Bufferyard Requirements.

The light from any light source, including the interior of the building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts, uses, or adversely affect safe vision of operators of motor vehicles moving on public or private roads, highways or parking areas. Light shall not shine into residential structures.

(6) Outdoor play areas for children shall be permitted in the side and rear yards only. Outdoor play areas must be on the site of the day-care center.

A. A minimum of sixty (60) square feet per child using the area at any one time shall be provided.

B. The outdoor play area shall be enclosed by a fence or otherwise protected from traffic or other hazards and screened from view of the adjoining property owners. Any day-care facility with and outdoor play areas shall enclose said area with a fence or wall that is a minimum of five (5) feet in height. Fence or wall requirements shall also be subject to Section 1181.10, Fences, Walls and Hedges.

(7) The hours of operation for child day-care centers shall be between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The use of outdoor play equipment and areas shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Hours of operation may be extended by the Planning Commission pursuant to its authority to impose requirements and conditions in authorizing a conditional use.

(8) When located in a residential district, the exterior of the front of the facility shall not differ in appearance to the character of the surrounding neighborhood in which it exists.

(9) The administrator, owner or provider of child day-care shall be responsible for compliance with all applicable city ordinance and state and federal statutes and regulations.

(j) Convenience Stores.

(1) No structure shall exceed thirty-five (35) feet in height.

(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(k) Convenience Store with Fast Food Restaurant and/or Gasoline Sales.

(1) No structure shall exceed thirty-five (35) feet in height.

(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(l) Day Care "Type A" Homes.

(1) A site plan shall be provided as a part of the application which shall clearly denote lot lines, the footprint(s) of any structure(s), the footprint(s) of any proposed new construction, parking areas, driveways, walkways, landscape details, setbacks from adjoining properties, and accessory uses, long with a rendering from each of the lot lines. Requirements are subject to Chapter 1127, Site Plan Review.

(2) A traffic and circulation plan shall be submitted. The design and location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Milford Board of Zoning Appeals so as to reduce congestion, promote safety, and reduce the impact of the residential character of the neighborhood, when located in or adjacent to a residential district. The plan shall provide for the separation of incoming and outgoing vehicles during high volume period and shall provide a safe drop off point for children that will not impede traffic.

(3) Screening from adjacent residential areas, or from adjacent houses in a non-residential zone, is required on the perimeter of the parcel. Screening shall meet minimum requirements set forth in Chapter 1189, Landscaping and Bufferyard Requirements.

(4) Landscaping projects involving more elements that perimeter screening and site illumination shall be submitted for a preliminary consultation with the Zoning Inspector prior to formal application.

(5) Outdoor play areas for children shall be permitted in the side and rear yards only. Outdoor play areas must be on the site of the day-care center.

A. A minimum of sixty (60) square feet per child using the area at any one (1) time, shall be provided.

(6) The hours of operation for child day-care centers shall be between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The use of outdoor play equipment and areas shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Hours of operation may be extended by the Board of Zoning Appeals pursuant to its authority to impose requirements and conditions in authorizing a conditional use.

(7) When located in a residential district, the exterior of the front of the facility shall not differ in appearance to the character of the surrounding neighborhood in which it exists.

(8) The administrator, owner or provided of child day-care shall be responsible for compliance with all applicable city ordinance and state and federal statutes and regulations.

(m) Drive-Through Facilities.

(1) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(2) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.

(3) A minimum of five (5) stack spaces is required for the drive through facility. Additional stacking spaces may be required by the Planning Commission to prevent traffic from backing up onto a public road or streets.

(4) At least one (1) lane of travel must be provided next to the drive through lane to allow traffic to pass vehicles waiting at the drive-through facility.

(5) Stacking spaces shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(n) Educational Facilities.

(1) The minimum lot area shall be five (5) acres for elementary schools, twenty-five (25) acres for junior high schools and forty (40) acres for senior high schools. The minimum lot area for all other educational facilities shall be decided by the Planning Commission. Planning Commission may waive the minimum lot area requirement for properties with existing educational facilities and where the site plan illustrates adequate space.

(2) No structure shall exceed forty-five (45) feet in height.

(3) All structures and activity areas, except off-street parking, shall be located no less than fifty (50) feet from all lot lines.

(4) There shall be no more than three (3) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(5) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.

(6) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(8) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(o) Government Buildings.

(1) No structure shall exceed thirty-five (35) feet in height.

(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(p) Group Homes.

(1) The minimum lot area shall be 15,000 square feet.

(2) No structure shall exceed thirty-five (35) feet in height.

(3) All structures and activity areas, except off-street parking, shall be located no less than thirty (30) feet from all lot lines.

(4) There shall be no more than one (1) ingress/egress drive onto the property. No drive shall exceed thirty-five (35) feet in width.

(5) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(6) Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical in residences in the area. This person or persons shall be a trained, responsible individual or individuals who shall assume full responsibility for all activities within the group home.

(7) In order to prevent the creation of a defacto social service district and to avoid a negative impact on a residential block or neighborhood, the Planning Commission shall not grant a conditional use which would permit more than one group home within the same block or within a 500 foot radius of another group home.

(8) The residential character of all structures shall be maintained. No structure approved as a group home shall have its character altered.

(9) A group home shall not be permitted to be constructed or operated until the agency, organization or institute supervising such home satisfies the Planning Commission that the home and its operation will comply with all licensing or certification requirements of the appropriate State or local agency, pursuance to law.

(10) A group home shall not maintain lower than minimum building, fire, health and safety standards as established by the State and local laws. No group home shall be occupied until a zoning compliance permit has been obtained and it is shown that all regulations are met.

(11) No exterior sign shall be permitted except as specifically allowed by the Planning Commission.

(12) A conditional use shall be granted for a specific type of group home. The type of home shall be defined as the specific nature of the condition being treated or rehabilitated. Any change in the type of home shall require a new conditional use.

(q) Hospitals.

(1) The minimum lot area shall be five (5) acres.

(2) No structure shall exceed forty-five (45) feet in height.

(3) All structures and activity areas, except off-street parking, shall be located no less than 100 feet from the front lot line and no less than forty (40) feet from all other lot lines.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(6) Loading and unloading areas shall be a minimum of seventy-five (75) feet from any residential use.

(r) Hotels or Motels.

(1) No structure shall exceed sixty-five (65) feet in height unless approved by the Planning Commission.

(2) There shall be no more than three (3) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(3) All points of ingress/egress shall be located as far as practically possible from the intersection of two major thoroughfares.

(4) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(s) Mixed Uses.

(1) The residential portion of the structure shall be located on the second floor of the structure.

(2) All development that lies within the MRD district shall comply with the regulations set forth in Chapter 1167.

(3) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(t) Multi Family Dwelling.

(1) The following shall apply to all applications to construct or convert a property to a multi-family dwelling in the MRD:

(2) All applicable standards found in Chapter 1167 and Chapter 1195 shall apply.

(3) The maximum density for a conditional use of any multi-family project in the MRD shall be six (6) units per acre.

(4) Multi-Family dwellings proposed inside the MRD zoning district that are greater than six (6) units per acre, shall only be permitted with an approved Planned Development Overlay zoning district designation. All applicable standards and procedural requirements found in Chapter 1169, PD Planned Development District shall apply. In the event of any conflict between regulations found in the MRD and PD overlay zoning district, the more restrictive regulation shall control.

(u) Religious Places of Worship.

(1) No principal structure shall exceed forty-five (45) feet in height, steeples and towers exceed this height requirement.

(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(6) Such uses shall be encouraged to locate adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.

(v) Research and Development Facilities.

(1) No structure shall exceed forty-five (45) feet in height.

(2) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(3) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.

(4) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(5) All research and development shall occur within an enclosed building.

(w) Restaurants.

(1) No structure shall exceed forty-five (45) feet in height.

(2) All structures and activity areas, except off-street parking, shall be located no less than fifty (50) feet from any lot line that abuts a residential use or district. All other lot lines shall meet the setback requirements of the zoning district in which the subject property is within.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(x) Single Family Dwellings.

(1) Single Family Dwellings shall not be permitted on Main Street or Water Street between Mill Street and Locust Street or the side streets between Main and Water Streets.

(2) All single-family development or construction that lies within the MRD shall comply with the regulations set forth in Chapter 1167, Milford River District.

(y) Two-Family Dwellings.

(1) Two-Family Dwellings shall not be permitted on Main Street or Water Street between Mill Street and Locust Street or the side streets between Main and Water Streets.

(2) All two-family development or construction that lies within the MRD shall comply with the regulations set forth in Chapter 1167, Milford River District.

(z) Taverns.

(1) No structure shall exceed forty-five (45) feet in height.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(aa) Wholesale Businesses.

(1) No structure shall exceed forty-five (45) feet in height.

(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.

(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.

(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(bb) Private Recreation.

(1) All structures and activity areas, except off street parking, shall be located no less than fifty (50) feet from any lot line that abuts a residential use or district. All other lot lines shall meet the setback requirements of the zoning district in which the subject property is within.

(2) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.

(3) If an outdoor area is to be provided, a fence and adequate buffering shall be provided between residential districts or uses.

(4) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.

(5) There shall be no more than two (2) ingress/egress drives on the property. No drive shall exceed thirty-five (35) feet in width.

(6) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.

(7) A traffic impact study will be required if the development is expected to generate more than 100 new inbound or outbound trips during the peak hour.

(Ord. 99-1966. Passed 5-4-99.)

(cc) Accessory Dwelling Units.

(1) An accessory dwelling unit may be located within a principal single-family detached dwelling or a detached accessory building on the same lot as a principal dwelling.

(2) Parking requirements shall be imposed by Planning Commission on a case by case basis. No new access points or driveways shall be created or installed for access to the accessory dwelling unit.

(3) No more than one accessory dwelling unit is permitted on a single lot.

(4) The accessory dwelling unit shall be limited in size to a maximum of sixty-six percent (66%) of the total living area of the principal dwelling or 800 square feet whichever is greater.

(5) The establishment of an accessory dwelling unit within the building envelope of a legally existing single-family or through the alteration of a legally existing accessory structure is not subject to setback restrictions provided that the establishment of the accessory dwelling unit does not expand the existing structure's footprint.

(6) Detached accessory dwelling units are subject to the side and rear year setback requirements for accessory uses as specified in Section 1181.08(e) and 1181.08(f).

Exception: The alteration of a legally existing accessory structure for the purpose of establishing an accessory dwelling unit is not subject to setback restrictions provided that the establishment of the accessory dwelling unit does not expand the existing structure's footprint.

(7) An accessory dwelling unit established as an addition to a legally existing single-family dwelling must comply with all setback requirements for single-family dwellings in the applicable zoning district.

(8) Detached accessory dwelling units are not permitted in front yards.

(9) Detached accessory dwelling units shall not exceed twenty-five (25) feet in height. Exception: a legally existing accessory structure being converted to an accessory dwelling unit may exceed twenty-five (25) feet provided that the establishment of the accessory dwelling unit does not expand the existing structure's height.

(10) An addition to a principal single-family dwelling that will contain an accessory dwelling unit must comply with all height requirements for single-family dwellings in the applicable zoning district.

(11) The accessory dwelling shall contain a living area, one bath, and a kitchen or kitchenette (including a refrigerator, microwave oven and/or stove, and sink), and may contain not more than one bedroom.

(12) Detached accessory dwelling units must be of permanent construction and must contain permanent utility hookups. Mobile homes and recreational vehicles are not permitted as accessory dwelling units.

(13) The accessory dwelling unit shall be in harmony and compatible with other buildings or structures located in the neighborhood.

(Ord. 23-239. Passed 9-19-23.)

1195.06 APPEALS.

Appeals from the Planning Commission for conditional use shall be made to the Board of Zoning Appeals. (Ord. 99-1966. Passed 5-4-99.)

1195.07 EXPIRATION OF CONDITIONAL USES.

A conditional use permit shall be deemed to authorize only one (1) conditional use and such conditional use permit shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more than three (3) months, or if such use violated the conditions established herein.

(Ord. 99-1966. Passed 5-4-99.)

1197.01 PURPOSE.

Within the districts established by this Zoning Ordinance, or by amendments thereto which may later be adopted, lots, uses of land, structures and uses of structures and land in combination exist which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance. The legitimate interest of those who lawfully established these non-conformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and substitution. Furthermore, nothing contained in this Zoning Ordinance shall be construed to require any change in the layout, plans, construction, size or use of any lot, structure, or structure and land in combination, for which a zoning permit became effective prior to the effective date of this Zoning Ordinance. or any amendment thereto. Nevertheless, while it is the intent of this Zoning Ordinance that such non-conformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no nonconformity may be moved, extended, altered, expanded or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district without the approval of the Board of Zoning Appeals, except as otherwise specifically provided for in this Zoning Ordinance.

(Ord. 99-1966. Passed 5-4-99.)

1197.02 CERTIFICATES FOR NONCONFORMING USES.

The Zoning Inspector may upon his own initiative, or shall upon the request of any owner, issue a certificate for any lot, structure, use of land, use of structure, or use of land and structure in combination, that certifies that the lot, structure or use is a valid non-conforming use. The certificate shall specify the reason why the use is a non-conforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the non-conforming use, and the extent that dimensional requirements are non-conforming, The purpose of this section is to protect the owners of lands or structures that are or became non-conforming. No fee shall be charged for such a certificate. One (1) copy of the certificate shall be returned to the owner and one (1) copy shall be retained by the Zoning Inspector, who shall maintain as a public record a file of all such certificates.

(Ord. 99-1966. Passed 5-4-99.)

1197.03 SUBSTITUTION OF NONCONFORMING USES.

So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any non-conforming use may, upon appeal to and approval by the Board of Zoning Appeals, be changed to another non-conforming use if the Board finds that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a punishable violation of this Zoning Ordinance. Whenever a non-conforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use.

(Ord. 99-1966. Passed 5-4-99.)

1197.04 NONCONFORMING LOTS OF RECORD IN COMBINATION.

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Ordinance.

(Ord. 99-1966. Passed 5-4-99.)

1197.05 NONCONFORMING USES OF LAND.

(a) Where, at the time of adoption of this Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:

(1) No such non-conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance.

(2) No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Zoning Ordinance.

(3) If any such non-conforming uses of land are discontinued or abandoned for more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.

(4) No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with such non-conforming use of land. (Ord. 99-1966. Passed 5-4-99.)

1197.06 NONCONFORMING STRUCTURES.

(a) Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such non-conforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; and

(2) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. 99-1966. Passed 5-4-99.)

1197.07 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.

(a) If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance that would not be allowed in the district under the terms of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No existing structure devoted to a use not permitted by this Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Ordinance, but no such use shall be extended to occupy any land outside such building;

(3) If no structural alterations are made, any non-conforming use of a structure or structure and land in combination, may, upon appeal to the Board of Zoning Appeals, be changed to another non-conforming use provided that the Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accord with other provisions of this Zoning Ordinance;

(4) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed;

(5) When a non-conforming use of a structure. or structure and land in combination, is discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

(6) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land except as provided for in Section 1197.09(a).

(Ord. 99-1966. Passed 5-4-99.)

1197.08 TERMINATION OF NONCONFORMING USES.

(a) Termination of Use Through Discontinuance. When any non-conforming use is discontinued or abandoned for more than one (1) year, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the non-conforming use may not thereafter be resumed. The intent to continue a non-conforming use shall not be evidence of its continuance.

(b) Termination of Use by Damage or Destruction. Nothing in this Zoning Ordinance shall prevent the restoration of a non-conforming use, building or structure destroyed or damaged or prevent the continuance of such non-conforming use, provided that the owners of the property in question shall file with the Zoning Inspector a notice of intention to continue the non-conforming use within six months of such destruction or damage, and provided further that such restoration or construction is commenced within one year of the date of such notice of intention to continue the non-conforming use in question. In the event that such notice is not filed, then the non-conforming use in question shall be deemed to have been abandoned.

(1) A zoning certificate pertaining to such restoration shall be applied for and issued within one (1) year of such destruction, and rebuilding shall be diligently pursued to completion.

(2) Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.

(Ord. 99-1966. Passed 5-4-99.)

1197.09 REPAIRS AND MAINTENANCE.

On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became non-conforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.

(Ord. 99-1966. Passed 5-4-99.)

CODIFIED ORDINANCES OF MILFORD