Mogadore City Zoning Code

GENERAL DISTRICT

REGULATIONS

§ 152.015 PURPOSES OF DISTRICTS.

The purposes of districts are as follows:

(A) To divide the entire village into the types of districts deemed best suited to carry out the purpose of this chapter;

(B) To prohibit uses or buildings incompatible with the character of such districts;

(D) To prevent the enlarging or alteration of existing buildings in such manner as to evade the restrictions and limitations lawfully imposed by this chapter;

(E) To regulate and determine minimum areas for open spaces adjacent to buildings; and

(F) To regulate and limit density of development, the village is hereby divided into eight types of districts known as:

(1) R-1 Residential

(2) R-2 Residential

(3) R-3 Residential

(4) C-1 Commercial

(5) CB Central Business

(6) I-1 Industrial

(7) P-1 Park District

(8) PUD Planned Use Development

(Ord. passed 12-11-90; Am. Ord. 12, passed 4-5-00; Am. Ord. 20, passed 5-3-00; Am. Ord. 2018-80, passed 11-20-18)

§ 152.016 DISTRICT BOUNDARIES.

(A) Boundaries of districts are shown on the Mogadore Zoning Map, a copy of which is attached to Ordinance 64-1980 and made a part of this chapter by reference. The map and all notations, references, and other information shown thereon shall be as much a part of this chapter as if the items were fully described herein. The District Map is properly attested and is on file with the Clerk-Treasurer. Questions concerning the exact location of District boundary lines shall be determined by the Planning and Zoning Commission.

(B) All territory hereafter annexed to the village shall be in the existing zone classification at the time of annexation.

(C) Whenever any street or public walkway is vacated by the Village Council, zoning districts adjoining each side of such street or walkway shall automatically be extended to the center of the vacated area, all of which shall thereafter be subject to all appropriate regulations of the extended districts.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)

§ 152.017 EFFECT OF ESTABLISHMENT OF DISTRICTS.

(A) No land or building shall be put to or designated for any use other than is permitted in the district where the land or building is located.

(B) No building shall be erected, reconstructed, enlarged, structurally altered, or moved, in such manner as to evade conformity with height, bulk, yard, lot area, and other regulations for the district in which such building is located.

(C) Every building hereafter erected, reconstructed, enlarged, structurally altered, or moved, shall be located on a lot as herein defined.

(D) No yard, provided adjacent to a building for the purpose of complying with provision of this chapter shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot.

(E) No public street right-of-way shall serve as any part of a required yard or minimum lot area.

(F) No yard shall be so diminished as to make its width or depth less than the dimensions required by this chapter.

(G) Along any boundary line between districts, an abutting side yard or rear yard in the less restricted district shall have a minimum required width or depth equal to the average of the required minimum widths or depths for such yards in the districts adjoining said boundary line.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.018 NONCONFORMING USES.

(A) Continuation of non-conforming uses. The lawful use of any building, structure, or land existing at the time of the enactment of this chapter may be continuos, although such use does not conform with the provisions of this chapter, provided the following conditions are met:

(1) Unsafe structures. Nothing in this chapter shall prevent restoring to a safe condition any portion of a building or structure declared unsafe by a proper authority as defined by ordinance.

(2) Alterations. A non-conforming building or structure may be altered, improved or reconstructed but not enlarged or extended, provided such work is not to an extent exceeding in the aggregate cost 50% of the replacement value of the building or structure, unless the building or structure is changed to a conforming use.

(3) Extension. A non-conforming use shall not be extended but the extension of lawful use to any portion of a non-conforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such non-conforming use.

(4) Changes. A non-conforming use may be changed to another non-conforming use if the proposed non-conforming use is in less conflict with the character and use of the district than the existing non-conforming use.

(5) Construction approved prior to ordinance. Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within 90 days of the date of the permit.

(6) Restoration. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any non-conforming building or structure damaged by fire, collapse, explosion, or Acts of God after the date of this chapter, where the expense of such work does not exceed 50% of the replacement cost of the building or structure at the time such damage occurred and the restoration is completed within 12 months from the date of damage and in accordance with this chapter and the building code.

(7) Abandonment. A non-conforming use has been discontinued for a period of one year or more. Such discontinuance shall be considered conclusive evidence of an intention to legally abandon the non-conforming use.

(B) Displacement. No non-conforming use shall be extended to displace a conforming use.

(C) District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district of a different classification, the provisions of § 152.017 and division (A) of this section shall also apply to any non-conforming uses existing therein.

(D) Junk yards. No person, firm or corporation shall store or permit storage for a period of more than 15 days of any partly dismantled, inoperable and unlicensed, or wrecked vehicles or their parts; second-hand building materials; junk, paper, containers, or other salvaged articles, including, without limitation, old iron, glass, garbage waste, or discarded materials, upon any lot or land situated within the boundaries of any residential, commercial or industrial area unless same is completely enclosed within a building or garage and is clearly ancillary or incidental to the permitted use or is a use specifically permitted by the applicable district regulations. Such 15-day period shall run from the date that such person, firm, or corporation is notified, in writing, by the Village Zoning and Building Inspector, the Village Council or their agent, that such storage is in violation of this section. Impound lots designated by the Safety Department of the village are permitted storage times of up to one year.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.019 RESTORING UNSAFE BUILDINGS.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any structure declared unsafe by the authorized entity or exempt any structure from compliance with any lawful requirement.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)

§ 152.020 ACCESSORY STRUCTURES.

(A) Any accessory structure attached to the principal structure, shall comply in all respects with the requirements applicable to the principal structure.

(B) Detached accessory structures may be built in the rear yard no closer to the rear and side lot lines than the minimum required yards. The Village Engineer or Inspector may approve up to a 50% reduction in the required setback for detached accessory structures. A detached accessory structure that is replacing an existing detached accessory structure that located closer to the lot lines than the minimum requirements shall be permitted to match or increase the distance from the lot lines which the existing detached accessory structure is located.

(D) The maximum combined area of all detached accessory structures shall not exceed 20% of the area of the rear yard.

(E) On a corner lot, no accessory structure shall project beyond the front yard line on either street.

(F) Only one detached garage per lot may be constructed not to exceed 700 square feet in Residence R-1 District, 1,050 square feet in Residence R-2 District, or 1,050 square feet in Residence R-3 District.

(G) Detached accessory structures shall not be greater in height than 15 feet.

(H) No accessory structure shall be constructed on a lot until construction of 50% or more of the principal building has been completed, and no accessory structure shall be used for dwelling purposes.

(Ord. passed 12-11-90; Am. Ord. 8-1993, passed 2-17-93; Am. Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18; Am. Ord. 2020-35, passed 6-3-20) Penalty, see § 152.999

§ 152.021 DOUBLE FRONTAGE LOTS.

On such lots, the required front yard shall be provided on both streets.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.022 CORNER LOTS.

On any corner lot the front yard requirements shall be observed on both streets. No obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points 30 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the roadway so as not to obstruct clear view by motor vehicle drivers.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.023 PERMITTED HEIGHT EXCEPTIONS.

(A) Except as specifically stated in other parts of this chapter, no building shall be erected, converted, enlarged, reconstructed or altered to exceed the height limit thereafter established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flag poles, chimneys, smoke stacks, radio and television aerials, wireless masts, water tanks or similar structures may be erected about the height limits herein. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than 25% of the roof area of the building; nor shall such structure be used for any purpose other than a use incidental to the main use of the building, except that radio, television, and wireless aerials or masts may be erected to any height.

(B) Public or quasi-public buildings, when permitted in a district, may be erected to a height not to exceed 45 feet, except that churches and temples may be erected to a height not to exceed 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.024 OFF-STREET PARKING.

In all districts, in connection with every building or part thereof hereafter created, off-street parking facilities shall be provided as prescribed by this section.

(A) Minimum number of off-street parking spaces required.

(1) Auditorium, stadium and similar uses - one for each five seats based on maximum seating capacity.

(2) Business and professional offices and banks - one for each 200 square feet of floor area plus one space for each two employees.

(3) Bowling alleys - four for each alley plus one space for each two employees.

(4) Church and school auditoriums - one for each five seats in the principal auditorium, based on maximum seating capacity.

(5) Clubs and lodges - one per 200 square feet of floor area or one per four seating spaces in the assembly room, whichever is greater.

(6) Dance halls, skating rinks - one per 100 square feet of floor area.

(7) Dwellings - two parking spaces for each dwelling unit.

(8) Funeral homes, mortuaries - two per chapel room or parlor or one per 100 square feet of floor area.

(9) Hospitals, health or medical centers or clinics:

(a) Bed establishments - one parking space for each two beds.

(b) Non-bed establishments - one space for each 200 square feet of floor area.

(10) Hotels - one parking space for each one sleeping room.

(11) Libraries and museums - one space for each 500 square feet of floor area plus one space for each two employees.

(12) Medical and dental offices and clinics - five for each physician or dentist plus one for each two other employees.

(13) Manufacturing plants - one for each employee on the maximum working shift.

(14) Restaurants and taverns operating within areas zoned CB Central Business - one per four seats of seating capacity.

(15) Retail stores, super markets etc. - one for each 100 square feet of floor area.

(16) Theaters - one for each four seats.

(17) Automobile repair garage - one space for each two employees plus one for each 500 square feet of floor area.

(18) Where the Board of Zoning Appeals is satisfied that the location, nature or uniqueness of a particular use within an area zoned Center Business, make a variance in the parking requirement appropriate, it may, upon application, permit an additional variance up to 50% of the required parking area.

(B) Off-street accessory parking areas. Off-street accessory parking areas shall provide parking spaces, each of which shall be not less than 200 square feet in area having dimensions of ten feet in width and 20 feet in length exclusive of access drives or aisles.

(C) Surfacing and lighting. Such parking areas shall be of usable shape, improved with bituminous concrete or equivalent surfacing, and so graded and drained as to dispose of all surface water accumulation within area subject to the approval of the Village Engineer. All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from the adjoining premises or streets and no open light sources such as the stringing of light bulbs shall be permitted.

(1) The standard used shall be the Illuminating Engineering Society of North America (IESNA). Average light levels for parking lot designs shall vary between the 1.25 to 5-foot candle (fc) range depending on surrounding terrain and structures. Vertical structures (trees, building walls, etc.) of dark color may absorb light, etc. There should not contain a variance of more than 4:1 between the brightest spot and the least illuminated spot nearby.

(D) Wheel guards. Wheel guards including bumper guards as may be necessary, shall be provided in connection with any off-street parking area of five cars or more, and shall be constructed so as to confine the storm water surface drainage to prevent bumper over-hang or other encroachment into the required or specified set back spaces.

(E) Entrances and exits. Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more than two access ways abutting any streets. Such access driveways shall be not less than ten feet or more than 20 feet in width at the sidewalk line nor more than 30 feet at the curb cut line of street. Residential use may have access ways of not less than ten feet. Commercial and industrial uses shall have access ways of not less than 20 feet.

(F) Spaces for more than ten vehicles. Spaces for more than ten vehicles shall be completely obscured to a height of five feet on each side which adjoins any residence district.

(G) Yard restrictions. In all C-1, CB and I-1 Districts, off-street parking facilities may be located in all yards provided that at least a 20-foot-wide landscaped strip is located between the parking area and the street right-of-way line. When off-street parking facilities are located in the required side or rear yard on the portion of the lot adjacent to a parcel in a R-1, R-2, R-3, or P-1 District, a minimum ten-foot-wide landscaped area shall be located between such parking area and the side or rear lot line, and such parking lot shall be screened from the adjacent parcel by a fence, wall or compact hedge at least four feet in height.

(H) Landscaping. Parking areas, in any zoning district, shall be provided with 15 square feet of landscaping per space within the parking area which shall be distributed reasonably evenly across the parking area when any of the following conditions exist:

(1) The parking area has a minimum of 15 parking spaces.

(2) The parking area consists of one or more double-loaded parking aisles.

(3) The parking area, or portion thereof, is in full view from the street right-of-way or adjacent to a R-1, R-2, R-3 or P-1 District.

(I) Location of required parking spaces. No parking of motor vehicles shall be permitted nor shall any person park motor vehicle in a landscaped front, side, or rear yard area. No parking of a motor vehicle shall be permitted on any portion of a lot designated as an accessory structure, such as a patio, porch, or deck. Further, no changes shall be made to the size of a driveway or parking area of any property located in all districts within the village without first obtaining an approval of the Planning and Zoning Commission and upon that approval obtaining a permit from the office of the Clerk-Treasurer.

(Ord. passed 12-11-90; Am. Ord. 36, passed 7-2-02; Am. Ord. 2012-30, passed 6-6-12; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.028 CUSTOMARY HOME OCCUPATIONS.

(A) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.

(B) Such use shall be conducted only by persons residing in the dwelling unit.

(D) No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.

(E) One unlighted name plate not more than one square foot in area announcing the name of the home occupation shall be permitted.

(F) Such use shall not create a nuisance by reason of noise, order, dust, vibration, fumes, smoke, electrical interference or other causes which constitute or become a public or private nuisance.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.029 MOBILE HOMES AND TRAILERS.

(A) The following regulations shall apply to mobile homes and trailers:

(1) A mobile home/trailer shall not be considered to be permissible as an accessory structure.

(2) No person shall park or store a mobile home/trailer, except in the rear yard.

(3) No person shall occupy a mobile home/trailer for living purposes except:

(a) In a mobile home/trailer park,

(b) In any residential district as a guest of the resident of the property involved for a period of not over 72 hours in any 30-day period.

(B) A mobile home/trailer may be used as a temporary office, or building incidental to construction on a development of the premises on which the trailer is located, only during the time construction or development is actively underway.

(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, § 152.999

§ 152.032 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

(A) Purpose and intent. It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent the concentrations of sexually oriented businesses within the village. The provisions of this section have neither the purpose or effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendments, or to deny access to the distributors and exhibitors of sexually oriented entertainment to their intended market.

(B) Definitions.

(1) SEXUALLY ORIENTED BUSINESS. An adult arcade, adult book store, adult video stores, adult cabaret, or adult theater.

(2) ADULT ARCADE. Any place to which the public is permitted or invited wherein coin operated, slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to ten or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(3) ADULT BOOK STORE OR ADULT VIDEO STORE. A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:

(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" or

(b) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

(4) ADULT CABARET. A night club, bar, restaurant or similar commercial establishment which regularly features:

(a) Persons who appear in a state of nudity; or

(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

(5) ADULT THEATER. A commercial establishment with the capacity to serve ten or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities."

(6) SPECIFIED ANATOMICAL AREAS. Human male genitals in a state of sexual arousal, human pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

(7) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:

(a) The fondling or other erotic touching of human genital, pubic region, buttocks, anus or female breasts;

(b) Any actual or simulated sex acts;

(d) Excretory functions as part of or in connections with any of the activities set forth in divisions (B)(7)(a) through (c) above.

(8) NUDITY.

(a) The appearance of human bare buttocks, anus, male genitals, female genitals, or female breast; or

(b) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

(1) No person shall exercise supervisory control, manage, generate, cause the establishment, or permit the establishment of sexually oriented business within the village, within 500 feet of:

(a) A church;

(b) A public or private school;

(d) A public park.

(2) No person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of a sexually oriented business within the village within 500 feet from any other sexually oriented business.

(D) For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private school, boundary or a residential district, or boundary of a public park.

(Ord. 41-1996, passed 10-16-96; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999

§ 152.033 RIPARIAN SETBACK.

(A) Public purpose.

(1) It is hereby determined that the system of streams within the village contributes to the health, safety and general welfare of the residents of the village. The purpose of this riparian setback section is to protect and preserve the water quality within streams of the village and to protect residents of the village from property loss and damage because of flooding and other impacts of the streams. The method of implementing this section is by controlling uses and developments within a riparian setback that would impair the ability of the riparian area to:

(a) Reduce flood impacts by absorbing peak flows slowing the velocity of flood waters and regulating base flow.

(b) Stabilize the banks of streams to reduce bank erosion and the downstream transport of sediments eroded from stream banks.

(c) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants already present in streams.

(d) Reduce the pollutants in streams during periods of high flows by filtering, settling and transforming pollutants in runoff before they enter streams.

(e) Provide areas for natural meandering and lateral movement of stream channels.

(f) Reduce the presence of aquatic nuisance species to maintain diverse and connected riparian vegetation.

(g) Provide high quality stream habitats with shade and food to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

(h) Benefit the village economically by minimizing encroachment on stream channels and reducing the need for costly engineering solutions such as dams and riprap, to protect structures and reduce property damage and threats to the safety of watershed residents, and by contributing to the life of the residents of the village and corresponding property values.

(i) Protect the health, safety, and welfare of the citizens of the village.

(2) The following regulation has been enacted to protect the services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.

(B) Applicability, compliance, and violations.

(1) The provisions of this section shall apply to all lands within the village.

(2) No preliminary plan, building, or zoning approval shall be issued by the village without full compliance with the terms of these regulations where applicable.

(3) Any person or organization that violates the provisions of this section shall be guilty of a minor misdemeanor and, upon conviction thereof, shall be subject to punishment and shall be required to restore the riparian setback through a plan approved by the village.

(4) The provisions of this section may be enforced through civil or criminal proceedings brought by the village on behalf of the village.

(1) Where this section imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract or deed, the provisions of this section shall control.

(2) These regulations shall not limit or restrict the application of other provisions of law, regulations, contract, or deed, or the legal remedies available thereunder, except as provided in division (A) of this section.

(3) If any clause, section, or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.

(D) Definitions.

APPLICANT. Any person who executes the necessary forms to procure official approval of a project or a permit to carry out a project.

BEST MANAGEMENT PRACTICES (BMPs). Conservation practices or protection measures which reduce impacts from a particular land use. Best Management Practices for construction are outlined in "Rainwater and Land Development, Ohio's Standard for Storm Water Management, Land Development, and Urban Stream Protection" prepared by the Ohio Department of Natural Resources.

DAMAGED OR DISEASED TREES. Trees that have a split trunk, broken tops, heart rot, or insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, leaning as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.

DEFINED CHANNEL. A natural or man-made depression in the terrain which is maintained and altered by the water and sediment it carries.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with overall responsibility for administering the National Flood Insurance Program.

FINAL PLAT. A final tracing of all or a phase of a subdivision and its complete survey information.

IMPERVIOUS COVER. Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, roof tops, sidewalks and other areas not covered by vegetation.

NATURAL SUCCESSION. A gradual and continuous replacement of one kind of plant and animal group by a more complex group.

NOXIOUS WEED. Any plant defined as a "noxious weed and rank vegetation" in § 521.10 in the Codified Ordinances of the County of Summit, Ohio or as a "noxious weed an rank vegetation" in § 93.50 of this Code of Ordinances.

OHIO RAPID ASSESSMENT METHOD. A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.

100-YEAR FLOOD PLAIN. Any land susceptible to being inundated by water from a base flood, which is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations the 100-year flood plain shall be defined by FEMA and approved by the Village Engineer.

ORDINARY HIGH-WATER MARK. The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high-water mark defines the channel of a stream.

POLLUTION. Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to; public legitimate beneficial uses; livestock, wildlife, including birds, fish, or other aquatic life.

(a) POINT SOURCE. Pollution is traceable to a discrete point or pipe.

(b) NON-POINT SOURCE. Pollution is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage, rather than direct discharge.

PRELIMINARY PLAN. A drawing of a major subdivision for the purpose of study and which, if approved, permits proceeding with the preparation of the final plat.

RIPARIAN AREA. A transitional area between flowing water and terrestrial ecosystems, which provides continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. Riparian areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations.

RIPARIAN SETBACK. The area setback from each bank of a stream to protect the riparian area and stream from impacts of development, and stream side residents from impacts of flooding and land loss through erosion. Riparian setbacks are those lands within the village that fall within the area defined by the criteria set forth in these regulations.

SOIL AND WATER CONSERVATION DISTRICT (SWCD). An entity organized under R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Summit SWD.

SOIL DISTURBING ACTIVITY. Clearing, grading, excavating, filling or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

STREAM. A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.

STORM WATER POLLUTION PREVENTION PLAN (SWPP). The plan which describes all the elements of the storm water strategy implemented during and after construction. The plan addresses erosion control and storm water quality.

STORM WATER QUALITY TREATMENT. The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.

VARIANCE. A modification of the enforcement of the riparian setback section which will not be contrary to the public interest and where, due to conditions peculiar to this property and not the result of the action of the applicant, a literal enforcement of this section would result in undue hardship to the applicant.

WATER COURSE. A natural or artificial water way, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through, or borders the community.

WATER SHED. An area of land that drains into a particular water course, usually divided by typography.

WETLANDS. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

(E) Establishment of a riparian setback.

(1) Riparian setbacks are established as provided in this section.

(2) Streams addressed by this section are those which meet the definition of "stream" contained in this section and are indicated on at least one of the following maps:

(a) USGS topographical map.

(b) Summit County Riparian Setback map.

(3) Widths of setbacks are measured as horizontal map distance outward from the ordinary high watermark on each side of a stream, and shall be minimum of 50 feet on each side of all streams.

(4) The following are exempt from the terms and protection of this section: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tiled drainage systems, and stream culverts.

(5) The following shall apply to the riparian setback:

(a) Where the 100-year flood plain is wider than the riparian setback on either or both sides of the stream, the riparian setback shall be extended to the outer edge of the 100-year flood plain. The 100-year flood plain shall be defined by FEMA and approved by the village.

(b) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the riparian setback formulae for width determination:

Average Percent Slope	Width of Setback
15% through 20%	Add 15 feet
Greater than 20% through 25%	Add 25 feet
Greater than 25%	Add 75 feet

1. Average percent slope of the stream bank is to be calculated for the area within the riparian setback and is to be measured as a line perpendicular to the stream channel at the location where structures or uses are proposed in the plan. All of the following measurements are to be performed using County of Summit Geographical Information system data (1994, 2000).

2. Calculate slope as follows: Change in elevation from the edge of stream channel to edge of riparian setback divided by horizontal map distance from the edge of stream channel to the edge of the riparian setback.

(c) Where wetlands protected under federal or state law are identified within the riparian setback, the riparian setback shall consist of the full extent of the wetlands plus the following additional setback widths:

1. A 20-foot setback extending beyond the outer boundary of Category 3 wetlands.

2. A ten-foot setback extending beyond the outer boundary of a Category 2 wetlands.

3. No additional setback will be required adjacent to Category 1 wetlands.

(d) Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.

(e) The applicants shall be responsible for delineating the riparian setback, including any expansions or modifications as required by divisions (B) through (E) of this section, and identifying this setback on all subdivisions, land development plans, and/or building permit applications.

1. This delineation shall be done at the time of application of the preliminary plans or all plans that are required, or at the time of submission of any permit applications.

2. This delineation shall be subject to review and approval by the village. The village reserves the right to consult other agencies familiar with riparian issues. As the result of this review, the village may require further studies from the applicant.

(f) Prior to any soil disturbing activity, the riparian setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil disturbing activities. The delineated areas shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.

(g) No approvals or permits shall be issued by the village prior to delineation of the riparian setback in conformance with these regulations.

(h) Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the County of Summit.

(F) Uses permitted in the riparian setback.

(1) The following uses are permitted by right within the riparian setbacks without prior approval. Open space uses that are passive in character shall be permitted in the riparian setback including, but not limited to, those listed in divisions (A)(1) through (A)(4) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except and otherwise provided in these regulations, the riparian setback shall be preserved in its natural state.

(a) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas.

(b) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter, shall be anchored to the shore or removed from the 100-year flood plain.

(c) Revegetation and/or reforestation. The revegetation and/or reforestation of the riparian setback shall be allowed without approval of the village. Species of shrubs and vines recommended for stabilizing flood prone areas along streams within the village are listed in the Appendix.

(d) The County of Summit Engineer maintains the right of access to all streams within the County of Summit for the purposes outlined in R.C. §§ 6131.01 to 6131.64, 6133.01 to 6133.15, 6135.01 to 6135.27, and 6137.05.01. The Summit County Soil and Water Conservation District maintains a right of access to streams located within the village pursuant to R.C. § 6101.15. The village has the right to maintain and remove obstructions from waterways located in the municipality when the obstruction is prejudicial to the health, comfort, or convenience of any citizens of the neighborhood pursuant to § 93.38 of this Code of Ordinances.

(2) The following uses are permitted by right within the riparian setbacks with prior approval of the design by the village.

(a) Stream bank stabilization/erosion control measures. Best Management Practices (BMP's) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a storm water pollution prevention plan (SWPP or SW3P) by the village.

(b) Crossings. In reviewing plans for stream crossings, the village may confer with the Summit SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Summit Engineer; the Department of Environmental Services of Summit County; the Summit County Health Department; or other technical experts as necessary.

1. Limited crossing of designated streams through the riparian setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.

2. One driveway crossing per stream per tax parcel will be allowed for individual land owners.

3. Roadway crossing for major and minor subdivisions, open space subdivisions, or any other non-single-family residential use shall be designed and constructed as approved by the village. If more than two crossings per 1,000 linear feet of stream center are required for these areas, the applicant must apply for a variance.

4. All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the riparian setback and shall mitigate any necessary disturbances.

1. Storm water quality treatment that is consistent with current state standards is incorporated into the basin.

2. The storm water quality treatment basin is located at least 50 feet from the ordinary high watermark of the stream.

(G) Uses prohibited in the riparian setback. The following uses are specifically prohibited within the riparian setback:

(1) Construction. There shall be no structures of any kind except as permitted under these regulations.

(2) Dredging or dumping. There shall be no drilling for petroleum or mineral products, mining activity, filling or dredging of soil, spoils, or any material – natural or man-made – except as permitted under these regulations.

(3) Roads or driveways. There shall be no roads or driveways, except as permitted under these regulations.

(4) Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.

(5) Modification of natural vegetations. Modification of the natural vegetation shall be limited to conservation maintenance that the land owner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations for such disturbances are approved under these regulations; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations. Nothing in this section shall be construed as requiring a land owner to plant or undertake any other activities in the riparian setback provided the land owner allows for natural succession.

(6) Parking lots. There shall be no parking lots or other human made impervious cover except as permitted under these regulations.

(7) New surface and/or subsurface sewage disposal or treatment area. Riparian setbacks shall not be used for the disposal or treatment of sewage except for:

(a) Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this section.

(b) Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Summit County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the riparian setback can be upgraded with approval of the Summit County Health Department and/or the Ohio Environmental Protection Agency.

(H) Non-conforming structures or uses in the riparian setback.

(1) Structures and uses within the riparian setback, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded without a variance.

(2) If damaged or destroyed, these structures or uses may be repaired or restored within two years from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owner's own risk.

(3) A residential structure or use within the riparian setback existing at the time of passage of these regulations may be expanded subject to the provision of division (C)(1) through (C)(3) of this section.

(a) The expansion conforms to existing zoning regulations.

(b) The expansion must not impact the stream channel or the 100-year flood plain.

(c) The expansion must not exceed an area of 15% of the footprint of the existing structure or use that lies within the riparian setback. Expansions exceeding 15% of the footprint within the riparian setback must be obtained through the variance process.

(4) Non-residential structure or use expansions will be permitted only through the variance process.

(I) Boundary interpretation and appeals procedure. An appeal disputing the boundary of the riparian setback or the ordinary high watermark of a stream shall be brought by the applicant before the Village of Mogadore Zoning Board of Appeals and shall be governed by the provisions of § 152.125, provided, however, that the Engineer shall have 60 days from the date of the appeal hearing to evaluate the evidence submitted by the applicant at the appeal hearing and make a written recommendation to theZoning Board of Appeals. The Zoning Board of Appeals shall then render a decision on the appeal within 30 days of its receipt of the Engineer's written recommendation.

(J) Variances within riparian setback.

(1) Any request for a variance from the requirements of this section shall be brought by the applicant before the Mogadore Zoning Board of Appeals. The Village of Mogadore Zoning Board of Appeals may consult with representatives from the Summit SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Summit Engineer; the Department of Environmental Services of Summit County; the Summit County Health Department; or other technical experts as necessary to consider variance requests.

(2) Expansions of residential structures or uses exceeding 15% of the footprint area and expansions of all non-residential structures are subject to division (B)(1) through (B)(4) of this section:

(a) The expansion conforms to the existing zoning regulations.

(b) The expansion must not impact the stream channel or the 100-year flood plain.

(c) The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or stream bank erosion to land owners in those areas. A hydrologic study must be completed by non-residential applicants only as a process of the variance application.

(d) The expansion of a nonresidential structure or use will not exceed 25% of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the riparian setback.

(3) Requests for variances for subdivisions will be considered for the following:

(a) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare and safety of the residents of the subdivision.

(b) A reduction of the setback width, not to exceed 10% of the prescribed riparian setback width.

(4) No variances shall be granted for expansion of the following structures or uses:

(a) Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline service stations, and road maintenance facilities.

(b) Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to storm water runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.

(5) In reviewing whether to grant variances, the Village of Mogadore Board of Zoning Appeals shall consider the following:

(a) The extent to which the requested variance impairs the functions of the riparian area. This determination shall be based on sufficient technical and scientific evidence as provided by the applicant and the agencies listed in divisions (A) through (E) of this section.

(b) The soil type and natural vegetations of the parcel as well as the percentage of the parcel that is in the 100-year flood plain.

(c) The degree of hardship these regulations place on the applicant and the availability of alternatives to the proposed activity.

(K) Inspection of riparian setback.

(1) The riparian setback shall be inspected by the village or the Summit SWCD:

(a) When preliminary subdivision plat or other land development plan is submitted to the village or the County of Summit.

(b) When a building or zoning permit is requested.

(c) Prior to any solid disturbing activity to inspect the delineation of the riparian setback as required under these regulations.

(2) The riparian setback shall also be inspected annually or as time permits by the village or the Summit SWCD for compliance with any approvals under these regulations or at any time evidence is brought to the attention of the village that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.

APPENDIX

WOODY PLANTS SUITABLE FOR RIPARIAN AREAS

Flood Tolerance* High Flood Tolerance		Shade Tolerance**	Common Name
Aronia	arbutifolia	3	Red chokeberry
Aronia	melanocarrpa	3	Black chokeberry
Cephalanthus	occidentalis	5	Common buttonbush
Clethra	alnifolia	2	Summerweet clethera***
Cornus	amomum	4	Silky dogwood
Cornus	stolonifera (sericea)	5	Redoiser dogwood
Hamamelis	vernalis	3	Vernal witchhazel***
Ilex	deciduas	3	Possumhaw***
Ilex	glabra	2	Inkbery***
Ilex	verticilata	3	Common winterberry
Itea	virginica	1	Virginia sweetspire***
Magnolia	virginiana	2	Sweetbay magnolia***
Myrica	pensylvanica	4	Northern bayberry
Physocarpus	opulifolius	4	Common ninebark
Potentilla	fruticosa	4	Bush cinquefoil
Sambucus	canadensis	1	American elderberry
Salix	x cotteti	5	"Bankers" willow***
Salix	exigua	5	Sandbar willow
Viburnum	cassinoides	2	Witherod viburnum
Parthenocissus	quinquefolia	1	Virginia creeper (vine)

Flood Tolerance* High Flood Tolerance		Shade Tolerance**	Common Name
Moderate Flood Tolerance*
Calycanthus	floridus	1	Common sweetshrub
Hypericum	kalamianum	5	Kalm St. Johnswort
Viburnum	dentatum	2	Arrowwood viburnum
Xanthorhiza	simplicissima	1	Yellowroot***
Intermediate Flood Tolerance*
Aesculus	parviflora	2	Bottlebush buckeye***
Aesculus	pavia	2	Red buckeye***
Cornus	racemosa	2	Gray dogwood
Lindera	benzoin	1	Common spicebush
Rosa	setigera	4	Prairie rose
Campsis	radicans	3	Trumpetcreeper (vine)
Lonicera	dioica	2	Limber honeysuckle (vine)
Corylus	amencana	2	American filbert
Diervilla	lonicera	1	Dwarf brushoneysuckle
Fothergilla	gardeni	1	Dwarf fothergilla***
Fothergilla	major	1	Large fothergilla***
Hydrangea	arborescens	1	Smooth hydrangea
Hydrangea	quericifolia	1	Oakleaf hydrangea***
Mahonia	aquifolium	1	Oregon grape holly***
Rosa	carolina	4	Carolina rose
Rubus	odoratus	1	Fragrant thimbleberry
Vaccinium	stamineum	2	Common deerberry
Arctostaphylos	uva-ursi	4	Bearberry
Cornus	rogusa	1	Roundleaf dogwood
Corylus	americana	2	American filbert
Diervilla	lonicera	1	Dwarf bushhhoneysuckle
Fothergilla	gardeni	1	Dwarf fothergilla***
Fothergilla	major	1	Large fothergilla***
Hydrangea	arborescens	1	Smooth hydrangea
Hydrangea	quericifolia	1	Oakleaf hydrangea***
Mahonia	aquifolium	1	Oregon grape holly***
Rosa	carolina	4	Carolina rose
Rubus	odoratus	1	Fragrant thimbleberry
Symphoricarpos	albus	1	Common snowberry
Vaccinium	stamineum	2	Common deerberry
No Flood Tolerance
Amorpha	canescens	5	Leadplant***
Ceanothus	americanus	3	New Jersey tea
Comptonia	peregrina	2	Sweetfern
Dirca	palustris	1	Leatherwood
Hypericum	frondosum	5	Golden St. Johnswort
Juniperus	communis	5	Common juniper
Juniperus	horizontalis	5	Creeping juniper***
Rhus	aromatica	5	Fragrant sumac
Sambucus	pubens	1	Scarlet elder
Symphoricarpos	albus	1	Common snowberry

* High Flood Tolerance: Generally low land wet species surviving when flooded or exposed to high water table more than 40% of the growing season.

* Moderate Flood Tolerance: Generally low land wet species surviving when flooded or exposed to high table more than 30% of the growing season but less than 40%.

* Intermediate Flood Tolerance: Generally low land wet-mesic species surviving occasional inundation or elevated water table between 20% and 30% of the growing season.

* No Flood Tolerance: Generally upland dry species exhibiting immediate and rapid decline frequently culminating in death if inundated or exposed to elevated water table for more than 5% of the growing season.

** Shade Tolerance: Shade tolerance means able to grow in a state of health and vigor beneath dense shade. In this ranking, shrubs and vines are ranked on a scale of 1 to 5, with 1 being very shade tolerant, and 5 being very shade intolerant.

Note:

1. The majority of plants listed are available on the local commercial market and do not displace native species.

2. The cultivated varieties ("cultivars") of the species listed above may also be used.

3. Primary information taken from Hightshoe, Gary, 1987. Native Trees, Shrubs, and Vines for Urban and Rural America. Van Nostrand NY, NY.

4. For further assistance contact Roger Gettig, Landscape Consulting Program, The Holden Arvoretum, or Steve Roloson, ODNT Scenic Rivers Program. (A.O.)

*** Denotes plant species that are not native to Ohio.

(Ord. 2004-133, passed 3-15-04; Am. Ord. 11-2007, passed 3-8-07; Am. Ord. 2018-80, passed 11-20-18)

§ 152.034 SALE OF VEHICLES.

(A) The selling of used or previously owned vehicles from commercial property is permitted but subject to the following restrictions:

(1) The total number of vehicles for sale during any 12 month period is limited to two.

(2) A single vehicle for sale may be displayed for a maximum, continuous two-week period.

(3) Vehicles for sale shall be properly licensed and operable.

(4) Vehicles for sale must be titled to the current leaseholder or landowner of the property upon which the vehicle is displayed.

(5) No such vehicle shall be stored within three feet of any village right-of-way.

(6) Display of such vehicles is also subject to all other provisions of these codified ordinances.

(B) This section shall not apply to the following:

(1) The sale of vehicles by motor vehicle dealers, as governed by Ohio Revised Code Chapter 4517; or

(2) Vehicles that are present on the property because the owner or lessee of the vehicle works at or has business at the premises and the vehicle is removed therefrom daily.

(Res. 2019-60, passed 6-19-19; Am. Ord. 2019-63, passed 8-21-19)

§ 152.035 CONSTRUCTION AND RUBBISH DUMPSTERS.

(A) Permit required. No construction dumpster shall be constructed, erected or placed upon any residential property, to remain thereon for a period exceeding three days, without first obtaining a permit from the Zoning Inspector.

(B) Permit fee. The fee for a construction dumpster permit shall be $15.

(C) Application requirements. Applications for a construction dumpster permit shall be in writing on forms provided by the Zoning Inspector and shall state the following:

(1) Description of the need/purpose for construction dumpster;

(2) Name and address of the owner of the property;

(3) Written permission from an owner to place the construction dumpster on the property;

(4) Name and address of the applicant (if different than the owner);

(5) Description of the construction dumpster, including provider, capacity and dimensions; and

(6) A site plan showing the location of the construction dumpster; said site plan must be submitted to and approved by the Zoning Inspector or designee.

(D) Construction dumpsters. All construction dumpsters must comply with the following:

(1) A construction dumpster permit shall be valid for a period of 30 days.

(2) The permit shall authorize the construction, erection, or placement of a construction dumpster on the property described in the application. If an occupancy permit is required for a residential project, the construction dumpster must be removed before the issuance of the occupancy permit.

(3) While multiple dumpsters can be utilized during the 30-day permit period, only one construction dumpster shall be allowed on a lot at any one time.

(4) Construction dumpsters must be located on a paved area unless located on a residential construction project where a driveway is not yet installed, in which case the construction dumpster shall be located in the proposed driveway location.

(5) Construction dumpsters shall be located entirely on the owner's lot as close to the residence as possible, not blocking any site lines.

(6) No part of any construction dumpster shall be located on any public property or in the public right-of-way.

(7) Any construction dumpster constructed, erected or placed upon property shall comply with all applicable provisions of the zoning code.

(8) The Zoning Inspector is granted authority to require immediate removal of a construction dumpster if it is determined that the construction dumpster is no longer needed at the site or if the construction dumpster is filled to capacity.

(E) Rubbish dumpsters. No rubbish dumpster shall be permitted on any residential property within the R-l or R-2 Residential districts.

(Res. 2019-61, passed 6-19-19; Am. Ord. 2019-62, passed 8-21-19)

§ 152.036 DUMPSTER BAGS.

(A) Dumpster bags shall not to be allowed to remain outdoors on any private or public property, or public right of way, for more than 30 days.

(B) No more than two dumpster bags shall be allowed outdoors on any private or public property, or public right of way, at any given time.

(Res. 2019-61, passed 6-19-19; Am. Ord. 2019-62, passed 8-21-19)

§ 152.037 EXTERIOR LIGHTING.

In addition to § 150.218 concerning the lighting and illumination of signs and billboards, § 152.024 concerning off-street parking, and § 152.047 concerning car lots in C-1 Commercial Districts, all external lighting in all districts shall comply with the following:

(A) All external lighting used to light the general area of a specific portion or property shall be shielded to reduce glare and shall be so arranged as to reflect lights away from, and shield glare from, and not shine directly upon, all adjacent residential districts, adjacent residences, and adjacent streets and public right-of-ways.

(B) All external lighting, other than lighting for the illumination of buildings or lighting and illumination of signs and billboards, shall be directed toward and confined to the ground areas of lawns or parking lots on the property where the lighting is located.

(C) All lighting used for the external illumination of buildings, so as to feature such buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent property or adjacent streets and public right-of-ways.

(D) All lighting or illumination of signs and billboards shall comply with § 150.218 of these Codified Ordinances.

(Ord. 2023-48, passed 7-19-23)