Montpelier City Zoning Code
TITLE SEVEN
Supplemental Zoning Regulations
1167.01 STATEMENT OF PURPOSE.
It is the intent of this chapter to eliminate as home occupations all uses except those that conform to the standards hereafter set forth. The standards for home occupations in this chapter are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A permitted home occupation shall clearly be a secondary or incidental activity in relation to the residential use of the main building. The following section provides the criteria for determining whether a proposed accessory use qualifies as a home occupation.
(Ord. 1166. Passed 9-24-01.)
1167.02 DEFINITION.
A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit, and where no persons are employed other than the resident and domestic help. The use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, construction, alteration, or electrical or mechanical equipment used shall not change the fire rating of the structure or the fire district in which the structure is located. Such person shall be subject to all conditions which are applied in this chapter. (Ord. 1166. Passed 9-24-01.)
1167.03 NECESSARY CONDITIONS.
Home occupations are permitted accessory uses in residential districts only so long as all the following conditions are observed:
(a) Only the residents of the dwelling in which the home occupation will be conducted may be engaged in the proposed home occupation.
(b) No more than one room or twenty-five percent (25%) of the gross area of one floor of said residence, whichever is less, shall be used for such purpose. Use of accessory buildings for these purposes is prohibited.
(c) In no case shall a home occupation be open or accessible to the public earlier than 8:00 a.m., nor later than 7:00 p.m.
(d) No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity, telephone, garbage, etc.) so that the combined total use for the dwelling and proposed home occupation exceeds the average for residences in the neighborhood.
(e) There shall be no deliveries to or from the home occupation by a vehicle larger than a 15,000 pound truck with not more than two (2) axles.
(f) The home occupation may increase vehicular traffic flow and parking by no more than two (2) additional vehicles at a time. Any need for parking generated by the conduct of such home occupation shall be met by off street parking areas and other than in the required front yard.
(g) No use shall create noise, dust, vibration, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(h) No home occupation shall be conducted in any accessory building.
(i) Home occupations shall be reviewed and approved as special uses by the Commission subject to Chapter 1177 and to any other conditions applicable in the district(s) in which they are proposed.
(j) The appearance of the principal structure shall not be altered, nor shall the home occupation be conducted in a manner which would cause the premises to differ from its residential character either by the generation noise, dust or vibration. This shall not preclude the construction of building additions for residential occupancy or secondary entrances into an approved dwelling.
(Ord. 1166. Passed 9-24-01.)
1167.04 PERMITTED SIGNAGE.
Only one nameplate shall be allowed identifying the names of the occupant and/or the name of the permitted home occupation (e.g. John Jones, Realtor). It shall not exceed four (4) square foot in area, shall be non-illuminated, and attached flat to the main structure or visible through a window. The limitation of one nameplate is intended to apply to all lots, including corner lots.
(Ord. 1166. Passed 9-24-01.)
1167.05 PERMITTED HOME OCCUPATIONS.
Home occupations include, but are not necessarily limited to the following:
(a) Artists and sculptors;
(b) Authors and composers;
(c) Dressmakers, seamstresses, and tailors;
(d) Family day care home, limited to not more than three children;
(e) Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;
(f) Office facility of a minister, rabbi, or priest;
(g) Office facility of a salesman, sales representative, or manufacturers representative, provided that no retail or wholesale transactions are made on the premises;
(h) Office facility of an architect, artist, broker, engineer, instruction in arts and crafts, insurance agent, land surveyor, lawyer, musician, or real estate agent, and offices of similar professional occupations.
(i) All other home occupations as permitted by the Commission.
(Ord. 1166. Passed 9-24-01.)
1167.06 HOME OCCUPATIONS NOT PERMITTED.
Certain uses by the nature of their operation, have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses shall not be permitted as home occupations: hospitals and medical clinics, nursing homes, mortuaries, funeral homes, tea rooms, antique shops, bed and breakfasts, restaurants, private clubs, veterinary clinics, commercial kennels, vehicle repair shops, gift shops, dance schools, nursery schools, landscape installation and maintenance businesses, snow removal businesses, construction contractors, trailer rentals, and repair shops in general. This list does not include every use that is or may be prohibited as a home occupation.
(Ord. 1166. Passed 9-24-01.)
(Ord. 1166. Passed 9-24-01.)
1169.01 STATEMENT OF INTENT.
(a) Each use listed in this Chapter, whether permitted by right or subject to approval as a special below land use, shall be subject to the site development standards specified below, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use which is of a size or type, or which possesses characteristics which are unique or atypical in the district in which the use is located. These standards are further intended to assure that such uses will be compatible with surrounding uses and the orderly development of the district. Conformance with these standards shall be subject to site plan review.
(b) Unless otherwise specified, each use listed in this Chapter shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.
(Ord. 1166. Passed 9-24-01.)
1169.02 ACCESSORY BUILDINGS, STRUCTURES, DECKS AND USES IN R-1, R-2 and R-3 DISTRICTS.
(a) Where a roofed accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all yard regulations of this Zoning Ordinance applicable to main buildings.
(b) No detached accessory buildings, structures, or uses in an R-1, R-2, or R-3 Districts shall be erected in the front yard or within permanent easements.
(c) Accessory buildings or structures may be located in a side or rear yard, but shall be at least 3 feet from all adjoining lot lines and ten (10) feet from any principal building. In no instance shall an accessory structure be located within a dedicated easement. No accessory structure shall exceed fifteen (15) feet in height, except as otherwise expressly permitted herein.
(d) A building accessory to a residential building may occupy not more than ten percent (10%) of the total lot area, provided that the total floor area of all accessory buildings shall not exceed 1,000 square feet and not have any dimension greater than forty (40) feet. Accessory buildings in residential zones shall be limited to one building per lot.
(e) On corner lots where a rear yard abuts a side yard, accessory buildings on the corner lot shall have a minimum setback from the rear lot line a distance equal to the least side setback required for the lot abutting the corner lot.
(f) The use of any accessory building for the overnight housing of persons is prohibited. (Ord. 1166. Passed 9-24-01.)
1169.03 ACCESSORY BUILDINGS IN ALL OTHER DISTRICTS.
(a) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all yard regulations of this Zoning Ordinance, applicable to main buildings.
(b) No accessory structure shall be erected in the front yard. In the case of lots with two front yards, no accessory structure shall be located in the required minimum setback of either front yard. Accessory buildings in nonresidential districts shall be limited to two (2) buildings per lot.
(c) No detached accessory building in an R-4 District shall exceed one (1) story or fifteen (15) feet in height. Accessory buildings in all other commercial and industrial districts may be constructed equal to the permitted maximum height of structures in said districts, subject to Commission review and approval.
(d) An accessory building in a nonresidential zone may not occupy more than thirty (30%) percent of the area of a lot exclusive of required yard setbacks.
(e) The use of any accessory building for the overnight housing of persons is prohibited. (Ord. 1166. Passed 9-24-01.)
1169.04 ADULT BOOK OR SUPPLY STORES, ADULT MOTION PICTURE THEATERS, ADULT LIVE STAGE PERFORMING THEATERS, ADULT OUTDOOR MOTION PICTURE THEATERS, GROUP"A" CABARETS, AND MASSAGE PARLORS OR MASSAGE ESTABLISHMENTS.
(a) In the preparation and enactment of this Section, it is recognized that there are some uses which, because of their very nature, have serious objectionable characteristics which have a deleterious effect upon residential, office and commercial areas. Regulation of the locations of these uses is necessary to ensure that the adverse effects of such businesses will not cause or contribute to the blighting or downgrading of the Municipality’s residential neighborhoods and commercial centers. It is the intent of this Section to provide reasonable regulations for the establishment of these uses in a viable, accessible location where the adverse impact of their operations may be minimized.
(b) No adult business as defined herein shall be permitted within 1,000 foot radius of an existing adult business. Measurement of the 1,000 foot radius shall be made from the outer most boundaries of the lot or parcel upon which the proposed adult use will be situated.
(c) No adult business as defined herein shall be permitted within a 500 foot radius of any school, library, park, playground, movie theater, skating rink, pool hall, coin operated amusement center, licensed group day-care centers, or church, convent, monastery, synagogue, or similar place of worship. Measurement of the 500 foot radius shall be made from the outer most boundaries of the lot or parcel upon which the proposed adult use will be situated.
(d) The building and premises shall be designed and constructed so that material depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined in this Zoning Ordinance) cannot be observed by pedestrians or from vehicles on any public right-of-way. This provision shall apply to any display, decoration, sign, show window, or other opening.
(e) No person shall reside in or permit any person to reside in the premises of an adult business.
(f) The provisions of this Chapter regarding massage parlors, shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social workers and family counselors, who are licensed to practice their respective professions in the State of Ohio, or who are permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State, certified members of the American Massage and Therapy Association, and certified members of the International Myomassethics Federation. (Ord. 1166. Passed 9-24-01.)
1169.05 AUTOMOBILE OR VEHICLE DEALERS.
Automobile or vehicle dealers with outdoor sales space and/or repair facilities may be permitted, subject to the conditions listed below. These requirements shall apply to operations involved in the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks and tractors, boats and other vehicles.
(a) All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent public right-of-ways.
(1) The portion of any parcel used for an open air business shall be located no closer than two hundred fifty (250) feet from any other parcel that is zoned or used for residential purposes.
(2) Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.
(3) All outside storage of used tires, auto parts, and other material shall be enclosed with a masonry wall, not less than six (6) feet in height or at least one (1) foot above the height of the screened material, whichever is taller. The enclosure shall be equipped with an opaque lockable gate that is the same height as the enclosure itself. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding two (2) days.
(b) The lot or show area shall be hard-surfaced with concrete or plant mix bituminous material, and shall be graded and drained so as to dispose of all surface water accumulated within the area.
(c) Access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) streets.
(d) Any servicing of vehicles, including major motor repair and refinishing, shall be subject to the following requirements:
(1) Service activities shall be clearly incidental to the vehicle sales operation.
(2) Vehicle service activities shall occur within a completely enclosed building.
(3) Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.
(4) The building containing service operations shall be located a minimum of fifty (50) feet from any property line.
(5) There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the service building.
(Ord. 1166. Passed 9-24-01.)
1169.06 AUTOMOBILE FILLING STATIONS, AUTOMOBILE OR VEHICLE SERVICE STATIONS, AUTOMOBILE REPAIR GARAGES.
The following regulations shall apply to Automobile Filling Stations and Automobile or Vehicle Service Stations, including tire, battery, muffler and undercoating shops:
(a) The minimum lot area shall be fifteen thousand (15,000) square feet for automobile filling stations and twelve thousand (12,000) square feet for automobile service stations. Gasoline service stations with repair facilities shall provide access to such repair facilities from the rear yard only. All such facilities shall not be located within five hundred (500) feet of places of public assembly.
(b) The curb cuts shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a street intersection (measured from the road right-of-way) or from any residentially zoned districts. Drives shall be no less than twenty (20) feet wide, nor wider than thirty (30) feet at the right-of-way line. No more than one (1) such drive or curb opening shall be permitted for every seventy-five (75) feet of frontage along any street.
(c) Quick oil change facilities shall provide off-street waiting spaces equal to three (3) times the number of oil change stalls for automobiles awaiting entrance. Each off-street waiting space shall be ten (10) feet wide by twenty (20) feet long.
(d) The entire lot, excluding areas occupied by landscaping and building, shall be hard- surfaced with concrete or plant-mixed bituminous material. Curbs of at least six (6) inches in height shall be installed around the perimeter of all surfaced areas.
(e) All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line.
(f) The storage, sale, or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is prohibited. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding two (2) days.
(Ord. 1166. Passed 9-24-01.)
1169.07 AUTOMOBILE OR CAR WASH ESTABLISHMENTS.
The following regulations shall apply to Automobile or Car Wash Establishments:
(a) All washing activities shall be carried out within a building.
(b) Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. Off-street waiting spaces shall be provided as per Chapter 1185. All maneuvering areas, stacking lanes, and exit aprons shall be located on the car wash parcel itself. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.
(c) Sufficient space shall be provided for drying of the vehicle undercarriage during sub-freezing weather prior to existing onto the public thoroughfare.
(d) Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot or building.
(e) In case any off-street parking area abuts a lot in any residential district, a six (6) foot high wall or greenbelt shall be provided, as per Section 1173.11.
(Ord. 1166. Passed 9-24-01.)
1169.08 BED AND BREAKFAST ESTABLISHMENTS.
Bed and Breakfast establishments shall be subject to the following regulations:
(a) The bed and breakfast operation shall be clearly incidental to the principal residence on the site. Accordingly, the bed and breakfast operations shall be confined to the single-family dwelling unit which is the principal dwelling on the site. Not more than twenty-five percent (25%) of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms. Food may be served only to those persons who rent a room in the bed and breakfast facility.
(b) The dwelling unit shall be the principal residence of the operator, and the operator shall live in the dwelling unit when the bed and breakfast facility is in operation.
(c) A building used for bed and breakfast operations shall have at least two (2) exits to the outdoors. Rooms used for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants, plus and additional thirty (30) square feet for each additional occupant. Rooms shall be designed to accommodate no more than four (4) occupants. Each sleeping room shall be equipped with a smoke detector.
(d) Adequate off-street parking shall be provided for bed and breakfast patrons, in accordance with Chapter 1185. Off-street parking in the front yard is prohibited.
(Ord. 1166. Passed 9-24-01.)
1169.09 CEMETERIES.
Because of the effects of the large land area devoted to this use on the continuity of local streets, and because this use does not require water and sewer service, the Commission shall permit the establishment of this use in an R Residential District only when the following conditions are met:
(a) Any crematorium, mausoleum, columbarium, or other building shall be designed and located in accordance with a cemetery master plan, which shall be subject to site plan approval by the Commission.
(b) No building or structures containing bodies or remains, other than subterranean graves, shall be located closer than two hundred (200) feet to the boundary line of any residential or commercial district.
(c) Entrances to cemeteries shall be off of a major or collector street as defined in Chapter 1133, and shall be designed to minimize traffic congestion.
(d) All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring wall or fence, four feet six inches (4'6") in height, measured from the surface of the ground. The Commission may permit a "chain link" type fence adequately screened with deciduous and evergreen material.
(e) Approval by the Commission shall be given contingent on submission of a satisfactory drainage plan.
(Ord. 1166. Passed 9-24-01.)
1169.10 CHILD CARE AND ADULT CARE FACILITIES.
It is the intent of this section to provide for healthy and safe child care and foster care establishments in Montpelier; to reduce the negative effects between incompatible land uses; to provide adequate indoor place areas; and to ensure that child care and foster care establishments are properly licensed.
Regulations. Child care and adult foster care establishments shall be permitted as provided below. Day Nurseries, Nursery Schools or Preschools shall meet the same requirements and child care centers.
(a) Family day care or home child care facilities shall be permitted by right in all residential districts subject to the following provisions:
(1) Such uses shall be duly licensed by the appropriate State agency. Proof of compliance with State licensing requirements must be submitted to the Zoning Inspector.
(2) Buildings and lots so used shall conform to all State and local code requirements.
(3) All dimension requirements stipulated in the zone in which the family day care or home child care facility is proposed shall apply.
(b) Group day care facilities and foster family homes shall be permitted in all residential districts by Conditional Use Permit. Such uses shall be subject to the same provisions as family day care or home child care facilities. Additionally, the following provisions must also be met:
(1) Not less than 900 square feet of outdoor play space or open recreation space be made available.
(2) The group day care facility and foster family home must be incidental to the residential use.
(3) One (1) person may be employed at the facility other than family members.
(4) Fences must be provided around all play areas and open recreational space per the requirements of Section 1173, unless waived by the Commission.
(c) Child care centers and foster care centers shall be permitted in the C-1 and R-4 districts by Conditional Use Permit. They are not permitted in residential districts. The permit will require that:
(1) All such child care centers and adult foster care establishments comply with existing state law with regard to handicapper access.
(2) All such child care centers and adult foster care establishments shall be licensed by the appropriate State agency.
(3) Buildings and lots shall conform to all State and local code requirements
(4) Contiguous open space (play area) shall be a minimum of 1,200 square feet. Contiguous open space (play area) shall be provided exclusive of the front yard, side yard, driveway, and parking areas. The open space requirements may be waived or reduced by the Zoning Inspector if a public open space is located within 500 feet of the proposed child care center or foster care facility.
(5) For child care centers with any more than 25 children, an additional fifty square feet of contiguous open space must be provided for every child over 25.
(6) Fence must be provided around all play areas and open recreational space per the requirements in Section 1173.11.
(7) Open recreational space shall be screened per Chapter 1183 from adjoining properties when deemed necessary as a condition of site plan review.
(8) Indoor play areas for child care centers shall be 35 square feet per child exclusive of hallways, bathrooms, reception and office areas, kitchens, storage and cloakroom areas and any area used exclusively for rest or sleep.
(Ord. 1166. Passed 9-24-01.)
1169.11 ELDERLY HOUSING.
The following site development standards shall apply to housing for the elderly:
(a) All dwelling units shall have at least three hundred (300) square feet of floor area (not including kitchen and sanitary facilities).
(b) Buildings of greater than the maximum height allowed Chapter 1153, "Schedule of Regulations" may be allowed provided front, side and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed.
(c) All ingress and egress from said site shall be directly onto a major thoroughfare, as defined in Chapter 1133.
(d) Off-street parking shall be prohibited in the front setback area and within ten (10) feet of the rear or side property lines. In the case any off-street parking area abuts a lot in any residential district, a wall or greenbelt shall be provided as per Section 1173.11.
(Ord. 1166. Passed 9-24-01.)
1169.12 FAST-FOOD AND DRIVE-THROUGH RESTAURANTS.
The following regulations shall apply to Fast-Food and Drive-Through Restaurants:
(a) The main and accessory buildings shall be set back a minimum of sixty (60) feet from any adjacent right-of-way line or residential property line.
(b) Drive-through windows or other facilities and waiting lanes shall not be located within 100 feet of a residential zoned district.
(c) Ingress and egress to the site shall be located at least sixty (60) feet from the intersection of any two (2) streets (measured from the nearest right-of-way line).
(d) Devices for the transmission of voices shall not be audible beyond the boundaries of the site.
(e) In the case any off-street parking area abuts a lot in any residential district, a six (6) foot high wall or greenbelt shall be provided, as per Section 1173.11.
(Ord. 1166. Passed 9-24-01.)
1169.13 JUNK YARDS.
The following provisions shall apply to junk yards:
(a) The minimum lot size for junk yards shall be four (4) acres.
(b) A minimum setback of two hundred fifty (250) feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. No junk yard shall be located within three hundred (300) feet of any residentially zoned district.
(c) All roads, driveways, parking lots, and loading and unloading areas shall be paved with a concrete or plant mixed bituminous material. Junk storage areas shall be paved or treated in a manner approved by the Building Official so as to confine any wind-borne dust to within the boundaries of the site.
(d) The entire junk yard site shall be screened with an obscuring masonry wall, constructed in accordance with Section 1173.11. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any signs or symbols painted on it.
(e) Open burning shall be prohibited.
(f) All required County and State permits shall be obtained prior to establishing a junkyard. (Ord. 1166. Passed 9-24-01.)
1169.14 KENNELS, COMMERCIAL.
Commercial kennels shall be permitted subject to the following:
(a) Any such kennel shall be subject to all permit and operational requirements established by County and State regulatory agencies.
(b) The lot on which any such kennel is located shall be a minimum of two (2) acres in size. If more than four (4) animals are housed in the kennel, an additional one (1) acre shall be required for every additional ten (10) animals (or fraction thereof).
(c) Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least one hundred (100) feet from any dwellings or buildings used by the public on adjacent property. (Ord. 1166. Passed 9-24-01.)
1169.15 HOSPITALS.
The following regulations shall apply to Hospitals:
(a) Buildings of greater than the maximum height allowed in Section 1153.04, may be allowed provided front, side and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed.
(b) All ingress and egress from said site shall be directly onto a major street, as defined in Chapter 1133.
(c) Off-street parking shall be prohibited in the front setback area and within ten (10) feet of the rear or side property lines. In the case any off-street parking area abuts a lot in any residential district, a wall or greenbelt shall be provided as per Section 1173.11.
(d) Ambulance and emergency entrance areas shall be screened from view from adjacent residences by the building design or by a masonry wall constructed in accordance with Section 1173.11.
(e) Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(Ord. 1166. Passed 9-24-01.)
1169.16 MINI-WAREHOUSES.
The following regulations shall apply to Mini-Warehouses:
(a) Mini-warehouse establishments shall provide for storage only, which must be contained within an enclosed building.
(b) The entire site, exclusive of access drives, shall be enclosed with a six (6) foot high chain link fence or masonry wall, constructed in accordance with Section 1173.11.
(c) A landscaped greenbelt with a minimum width of twenty (20) feet shall be required adjacent to any street, in conformance with Section 1173.11.
(d) The exterior of any mini-warehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.
(e) All one-way driveways shall be designed with one ten (10) foot wide loading/unloading lane and one ten (10) foot travel lane, and all two-way driveways shall be designed with one ten (10) foot wide loading/unloading lane and two (2) ten (10) foot travel lanes.
The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.
(Ord. 1166. Passed 9-24-01.)
1169.17 MOTELS AND MOTEL COURTS.
The following regulations shall apply to Motels and Motel Courts.
(a) No guest shall establish permanent residence at a motel for more than thirty (30) days within any calendar year.
(b) Each unit shall contain at least a bedroom and bath and a minimum gross floor area of two hundred fifty (250) square feet.
(c) Motels shall provide customary motel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.
(d) A masonry screen wall or obscuring greenbelt shall be provided along any property line where the adjacent property is zoned for residential use, in accordance with Section 1173.11.
(Ord. 1166. Passed 9-24-01.)
1169.18 NURSING HOMES, CONVALESCENT HOMES, REST HOMES, ORPHANAGES, AND HALF-WAY HOUSES.
The following regulations shall apply to Nursing Homes, Convalescent Homes, Rest Homes, Orphanages, and Half-Way Houses:
(a) Such facilities shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(b) The site plan shall be so planned as to provide ingress and egress directly onto a major thoroughfare, as defined in Chapter 1133.
(c) The principal building and all accessory buildings shall be set back a minimum distance of thirty (30) feet from all property lines.
(d) Such facility shall provide a minimum of one hundred fifty (150) square feet of outdoor open space for every bed used or intended to be used. Such space shall have a total minimum area of not less than three thousand (3,000) square feet. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.
(Ord. 1166. Passed 9-24-01.)
1169.19 OPEN-AIR BUSINESSES.
The following regulations shall apply to Open-Air Businesses:
(a) The nearest edge of any entrance or exit drive shall be located no closer than sixty (60) feet from any street or road intersection as measured from the nearest intersection right-of-way line.
(b) The minimum lot width for open-air businesses shall be one hundred (100) feet, except for temporary roadside stands.
(c) All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads.
(d) A masonry screen wall shall be provided along any property line where the adjacent property is zoned for residential use, in accordance with Section 1173.11, except where the open-air business is a temporary Christmas tree sales lot or roadside stands (see sub-sections (g) and (h) below).
(e) All lighting shall be shielded from adjacent properties zoned or used for residential purposes.
(f) Plant Material Nurseries. Nurseries which deal with plant materials shall comply with the following:
(1) Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.
(2) The storage of soil, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.
(g) Christmas Tree Sales. Seasonal sales of Christmas trees shall comply with the following:
(1) Unless Christmas tree sales are accessory to the principal use of the site, a permit shall be obtained from the Building Official to allow temporary use of the site for such sales.
(2) Christmas tree sales shall not be permitted in residentially-zoned districts.
(3) All Christmas trees, as well as poles, lights, wires, or other items incidental to the sale of trees shall be removed from the premises by December 31st of the subject Christmas season.
(4) Christmas trees on display for sale shall comply with the minimum setback requirements for the district in which the sales lot is located.
(5) Christmas tree sales lot shall have adequate parking and a safe means of ingress and egress.
(h) Roadside stands. Temporary roadside stands for the sale of agricultural products shall comply with the following:
(1) Any building or structure containing a roadside stand shall not exceed two hundred fifty (250) square feet in size.
(2) Suitable trash containers shall be provided and maintained on the premises for public use.
(3) Any building or structure containing a roadside stand shall be located no closer than twenty-five (25) feet to the nearest edge of the paved surface or gravel surface of any road.
(4) Off-street parking shall be provided in accordance with the regulations in Chapter 1185, except that hard-surfacing shall not be required.
(Ord. 1166. Passed 9-24-01.)
1169.20 RECREATION FACILITIES.
(a) Outdoor Recreation Facilities. Outdoor recreation facilities, such as, but not limited to, playgrounds, ballfields, soccer fields, ski facilities, public swimming pools, and parks in general, shall comply with the following regulations:
(1) Principal and accessory buildings shall be set back at least five (5) feet from all property lines, unless otherwise specified herein.
(2) Outdoor recreation uses shall have direct access onto a thoroughfare.
(3) The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The Commission may specify the hours of operation to assure compatibility with adjacent uses.
(4) Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.
(5) Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.
(6) A masonry wall or obscuring greenbelt, in accordance to Section 1173.11, shall be required wherever an outdoor recreation facility abuts directly upon land zoned or used for residential purposes.
(b) Indoor Recreation Facilities. Indoor recreation facilities, such as, but not limited to, bowling establishments, billiard halls, indoor archery ranges, indoor tennis courts, indoor skating rinks, arcades, and similar indoor recreation uses shall comply with the following regulations:
(1) Indoor recreation uses shall be set back a minimum of one hundred (100) feet from any property line which abuts a residential district.
(2) The location, design, and operation of an indoor recreation shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.
(3) Indoor recreation uses shall have direct access onto a major street, as defined in Chapter 1133.
(Ord. 1166. Passed 9-24-01.)
1169.21 RELIGIOUS INSTITUTIONS.
(a) The minimum lot width for religious institutions shall be one hundred fifty (150) feet, and the minimum lot area shall be two (2) acres.
(b) Buildings of greater than the maximum height allowed in Chapter 1153 may be allowed provided that the front, side and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed.
(c) All ingress and egress from said site shall be directly onto a major street.
(d) In order to mitigate any negative off-site impacts (such as glare, noise, trespassing, odors or sound) on residential uses, the Commission may require adequate fencing, screening or landscaping on the site.
(e) Off-street parking shall be prohibited in the front setback area and within ten (10) feet of the rear or side property lines. In the case any off-street parking area abuts a lot in any residential district, a four foot six inch (4'-6") high wall or obscuring greenbelt shall be provided as per Section 1173.12.
(f) Religious institutions shall comply with the following building setback requirements:
Front Yard: | 35 feet |
Side Yards: | 25 feet |
Rear Yards: | 35 feet |
(g) Related uses, such as social centers, social service centers, schools, nursery schools, and rental banquet facilities, among others shall be prohibited unless the Commission shall find that adverse impacts will be mitigated.
(Ord. 1166. Passed 9-24-01.)
1169.22 SAND AND GRAVEL EXTRACTION.
Sand and gravel deposits are non-renewable natural resources which are necessary and beneficial to the economy of the region. The standards in this section are intended to assure that removal in a manner that is compatible with the existing and proposed development and to insure the proper restoration of the land.
(a) Permits for such use shall be issued for a one (1) year period by the Council following a recommendation from the Commission. Unless the owner and/or operator of the extractive operation ignores and/or violates any conditions of approval, operation and restoration, the permit is renewable for one (1) year periods. To insure such compliance, the Building Official shall conduct periodic inspections and shall file a written notice to the permit holder if a violation is found in accordance with this section. Thirty (30) days prior to the renewal date of any such permit, the Zoning Inspector shall file a written report with the Commission on the status and compliance of the operation.
(b) Applications for a sand and gravel extraction permit shall include the following information, in addition to all additional information required as a part of site plan review and special land use review:
(1) Vertical aerial photograph, enlarged to a scale equal to one (1) inch equal to two hundred (200) feet, from an original photograph at a negative at a scale no smaller than one (1) inch equals one thousand (1,000) feet. The area covered by the vertical aerial photograph shall include: all land included in the petition; all contiguous land which is proposed to be used or has been used by the owner or leasehold applicant for any extraction, treatment or storage; and all public roads which can provide first point of access. Each such area or feature shall be delineated on the aerial.
(2) A land survey, prepared by an engineer or surveyor certified by the State to prepare such survey, drawn to a scale of one (1) inch equals two hundred (200) feet. This survey shall include the boundary of the entire tract by courses and distances, boundary of the area where the extraction is proposed, and the means of vehicular access to the proposed operation. An estimate of the quantity of excavation shall also be provided.
(3) Report by a qualified soil scientist, soils engineer or geologist regarding the effect the proposed operation will have upon the watershed. Particular attention shall be focused on the impact on the water table. The report shall indicate if water bodies are to be created and the anticipated permanence of such.
(4) A master plan for the extraction of the natural resource deposits. The plan shall include a timetable for various stages of the operation and a restoration plan indicating how the parcel will be reused. A timetable for extraction and restoration shall be included for each yearly permit requested; subsequent requests shall include an evaluation of work completed in the preceding year. The restoration plan shall include the proposed use of the parcel, the proposed topography drawn at contour intervals of two (2) feet, indication of water bodies and other major physical features, and the delineation of areas intended to be partitioned or subdivided, including a preliminary layout.
(5) An explanation of the access routes which will be used, together with an estimate of the size, weight, and frequency of trips. The proposed routing shall be submitted to the County Engineer for review. The Municipality shall report any circulation or routing problems to the applicant and County Engineer. After consultation with the County Engineer, the Municipality may request use of alternate access routes or limited use of existing problem routes.
(6) A detailed explanation of how the applicant intends to comply with the operating requirements contained in subsection (c), following.
(c) A sand and gravel extraction permit shall not be issued unless the applicant demonstrates that the operation will comply with all of the following requirements:
(1) The removal of sand, gravel, limestone or similar materials by excavation, stripping, mining or another method, and the on-site operations appurtenant to the extraction, including washing, grading, sorting, crushing and grinding operations, shall be carried on within the limits of an area approved for such activities. No natural resource extracted outside the limits of this area shall be brought in for washing, grading, or further processing, except in instances where the Council, following a Commission recommendation, finds that such activities will not conflict with the reasonable use and development of neighboring properties. Resource-related industries including, but not limited to, concrete batching plants and asphalt mixing plans, shall not be permitted as a part of the operation unless specifically approved and regulated as an accessory operation to the principal permitted use.
(2) Excavation, washing and stockpiling of extracted material and all other shall not be conducted closer than three hundred (300) feet to the outer boundary of the area approved for extractive operation. Greenbelt plantings and landscaping shall be provided in the setback area as required in Section 1173.11.
(3) In order to reduce the effects of airborne dust, dirt, and noise, all equipment for sorting, crushing, grinding, loading, weighing, and other operational structures shall not be built closer than three hundred (300) feet from any public street right-of-way line or adjacent property lines.
All such activities, equipment, roadways and material storage areas shall be treated, covered, muffled or otherwise controlled to minimize adverse impact beyond the property line. Trucks hauling extractive materials to or from the site shall be loaded and covered in accordance with all applicable state, county, and local regulations.
Private access roads serving the operation shall be treated to create dust-free surfaces for a distance of three hundred (300) feet from any public access road. Arrangements shall also be made to minimize dust on public access routes traveled in the Municipality.
(4) Extractive operations shall be subject to the following safety requirements:
A. Where slopes steeper than thirty (30) degrees exist for any length of time, access to such slopes shall be barred by a fence or similarly effective barrier at least six (6) feet high.
B. Where collections of water one (1) foot or more in depth exist for a period of one (1) week or more in an area of two hundred (200) square feet or more, access to such collections shall be fenced as required in (4)A. above.
C. Where the extractive area is situated in marginal land areas consisting of swamp land or is bounded by natural bodies of water, a fence shall be required on those sides accessible via public rights-of-way and as the Council may require to secure safety. The Council may require the posting of "KEEP OUT - DANGER" signs.
D. The installation of a six (6) foot high fence around the entire site with suitable gates shall be considered as compliance with the requirements of this sub-section.
(5) Finished slopes shall be no steeper than three (3) feet horizontal to one (1) foot vertical. Where ponded water is created as a result of extraction, the 3 on 1 slope shall be extended into the water to a depth of five (5) feet. The slope requirements shall be met as the work in any one section of the excavation proceeds.
(6) Sufficient top soil shall be stockpiled on the site so that the entire area may be recovered with a minimum of three (3) inches of top soil when excavating operations are completed. The top soil replacement shall occur immediately following the termination of extraction operations. All replaced top soil shall immediately be planted with grass or other plan material acceptable to the Village so as to prevent erosion. Lands under water or in approved beach areas are excluded from top soil replacement and planting requirements.
(7) Explosives shall be used in accordance with federal, state, county, local, and all other applicable regulations.
(8) Submittal of a performance guarantee, in accordance with Chapter 1177, may be required as a condition of approval of a sand and gravel extraction operation.
(Ord. 1166. Passed 9-24-01.)
1169.23 SCHOOLS, COLLEGES, AND OTHER EDUCATIONAL INSTITUTIONS.
The following regulations shall apply to Schools, Colleges, and other Educational Institutions:
(a) All ingress and egress from said site shall be directly onto a major thoroughfare, as defined in Chapter 1133.
(b) Buildings of greater than the maximum height allowed in Chapter 1153, may be allowed provided front, side and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed.
(c) Off-street parking shall be prohibited in the front setback area and within (10) feet of the rear or side property lines. In the case any off-street parking area abuts a lot in any residential district, a masonry wall or obscuring greenbelt shall be provided in accordance with this Zoning Ordinance.
(Ord. 1166. Passed 9-24-01.)
1169.24 VETERINARY CLINICS.
Veterinary Clinics shall comply with the following requirements:
(a) All activities shall be conducted within a completely enclosed building.
(b) All buildings shall be set back at least one hundred (100) feet from abutting land that is zoned for residential use.
(Ord. 1166. Passed 9-24-01.)
1169.25 RADIO AND TELEVISION TOWERS.
The following regulations shall apply to Commercial and Public Radio and Television Towers, Microwave Towers, and other communication antennas/towers:
(a) Each tower shall be set back from all property lines a minimum distance equal to one and one-half (1 1/2) times the height of the tower.
(b) An open weave, six (6) foot high chain link fence shall be constructed around the entire perimeter of the property.
(c) Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(Ord. 1166. Passed 9-24-01.)
1169.26 COMBINED OFFICE/RESIDENTIAL FACILITIES.
Uses having a combination of local business and residential facilities shall be permitted after Conditional Approval in the C-3 Central Business District, subject to the following:
(a) The principal use of the structure, utilizing no less than half of the floor space, shall be for business purposes.
(b) If the uses are on separate levels or floors, the business use shall occupy the ground floor.
(c) Each residential unit shall have at least two exits and two private off-street parking spaces.
(d) There shall be a maximum of three (3) residential units within any one (1) structure.
(f) The residence and the business facilities shall be subject to regular fire code inspections, as established by local Fire Chief.
(Ord. 1166. Passed 9-24-01.)
1169.27 WIRELESS COMMUNICATION FACILITIES.
It is the general purpose and intent of the Municipality to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the Municipality to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempts have been made to balance these potentially competing interests and promote the public health, safety and welfare.
(a) Authorization. Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in the following circumstances, and in the following zoning districts by right:
(1) Subject to the standards and conditions set forth below, wireless communication facilities shall be authorized as a permitted use within the M-2 District.
A. An existing structure will serve as an Attached Wireless Communication Facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Zoning Inspector, proposed to be either materially altered or materially changed appearance.
B. A proposed collocation upon an Attached Wireless Communication Facility which had been pre-approved for such collocation as part of an earlier approval by the Municipality.
C. An existing structure which will serve as an Attached Wireless Communication Facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Zoning Inspector, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
D. A proposed tower in the M-2 District subject to the provisions of the site plan review process outlined in Chapter 1175.
(2) Subject to the standards and conditions set forth in this section, wireless communication facilities shall be authorized a Conditional Land Use within the following zoning district: M-1 District.
(3) If it is demonstrated by an applicant that a wireless communication facility may not be reasonably established as a permitted use under “a”, above, and, is required to be established outside of a district identified in “b”, above, in order to operate a wireless communication service, then, wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the criteria and standards of subsections (c), (d), (e), (f) below.
(b) General Regulations.
(1) All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Commission in its discretion:
A. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
B. Facilities shall be located and designed to be harmonious with the surrounding areas.
C. Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
D. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
E. The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure). The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.
F. The setback of the support structure from any residential district shall be at least the height of the highest point of any structure on the premises. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.
G. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.
H. There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.
I. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
J. Where an attached wireless communication facility is proposed on the roof of a building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.
K. The Commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
L. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and appropriate State agencies shall be noted.
M. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.
(2) Standards and Conditions Applicable to Conditional Land Use Facilities. Applications for wireless communication facilities which may be approved as special land uses, shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in Chapter 1175. In addition, the applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:
A. Proximity to an interstate or major thoroughfare.
B. Areas of population concentration.
C. Concentration of commercial, industrial, and/or other business centers.
D. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
E. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
F. Other specifically identified reason(s) creating facility need.
(3) All proposals shall be reviewed in conformity with the collocation requirements of this Section.
(c) Application Requirements.
(1) A site plan prepared in accordance with Chapter 1175 shall be submitted, including the location, size, screening and design of all buildings and structures, including fences and outdoor equipment.
(2) The site plan shall also include a detailed landscaping plan where the support structure is being placed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing, which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.
(3) The application shall include a signed certification by a State licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.
(4) The application shall also include a description of security to be posted at the time the facility is to be removed when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) surety bond; (3) letter of credit; or, (4) an agreement in a form approved by the attorney for the community and recordable at the office of the County Recorder, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the community in securing removal.
(5) The application shall include a map showing existing and known proposed wireless communication facilities within the Municipality, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the Municipality in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. This ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.
(d) Special Requirements for Facilities Proposed to Be Situated Outside a Zoning District in Which the Facility Is Permitted by Right or Special Use Permit. For facilities which are not permitted uses under Section 1169.28 (b) and proposed to be located outside of an area identified in Section 1169.28 (b), an application shall be reviewed and, if approved, facilities shall be constructed and maintained in accordance with the following additional standards and requirements:
(1) At the time of the submittal, the applicant shall demonstrate that no location which meets the provisions of Section 1169.28 (b) can reasonably meet the coverage and/or capacity needs of the applicant.
(2) Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the Municipality.
(3) In single-family residential neighborhoods, site locations shall be permitted on the following sites (not stated in any order of priority), subject to application of all other standards contained in this Chapter:
A. Municipally owned site.
B. Other governmentally owned site.
C. Religious or other institutional site.
D. Public park and other large permanent open space areas when compatible.
E. Public or private school site.
F. Other locations if none of the above is available.
(e) Collocation.
(1) Statement of Policy. It is the policy of the Municipality to minimize the overall number of newly established locations for wireless communication facilities and Wireless Communication Support Structures within the community, and encourage the use of existing structures for Attached Wireless Communication Facility purposes. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress.
In light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the Municipality that all users should collocate on Attached Wireless Communication Facilities and Wireless Communication Support Structures in the interest of achieving the purposes and intent of this Chapter. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the Municipality. The provisions of this subsection are designed to carry out and encourage conformity with this policy.
(2) Feasibility of Collocation. Collocation shall be deemed to be "feasible" for purposes of this chapter where all of the following are met:
A. The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.
B. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
C. The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.
D. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Municipality, taking into consideration the several standards contained in this Zoning Ordinance.
(3) Requirements for Collocation.
A. A Conditional Land Use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
B. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
C. The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
D. If a party who owns or otherwise controls a wireless communication facility fails or refuses to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the Municipality, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the Municipality for a period of five (5) years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Board of Zoning Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five (5) year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
(4) Offer of Collocation Required. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for collocation.
(5) Final Approval. Final approval under for a wireless communication support structure shall be effective for a period of six (6) months.
(6) Incentive. Review of an application for collocation, and review of an application for a permit for use of an existing facility shall be expedited by the Municipality.
(f) Removal.
(1) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
A. When the facility has not been used for one hundred eighty (180) days or more. For purposes of this chapter, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use.
B. Six (6) months after new technology is available at reasonable cost, as determined by the legislative body of the community, which permits the operation of the communication system without the requirement of the support structure.
(2) The situations in which removal of a facility is required, as set forth in paragraph (1) above, may be applied and limited to portions of a facility.
(3) Upon the occurrence of one or more of the events requiring removal, specified in paragraph (1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Inspector.
(4) If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the Municipality may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.
(Ord. 1166. Passed 9-24-01.)
1169.28 SMOKING PARAPHERNALIA SHOP.
(a) In preparation and enactment of this Section, it is recognized that there are some uses, which, because of their very nature, have serious objectionable characteristics which have a deleterious effect upon residential, office, and commercial areas. Regulation of the locations of these uses is necessary to ensure the adverse effects of such businesses will not cause or contribute to the blighting or downgrading of the Municipality's residential neighborhoods and commercial centers. It is the intent of this Section to provide reasonable regulations for the establishment of these uses in a viable, accessible location where the adverse impact of their operations may be minimized.
(b) No Smoking Paraphernalia Shop shall be located in the Central Business District (C-3).
(c) No Smoking Paraphernalia Shop as defined herein shall be permitted within a 500-foot radius of an existing Smoking Paraphernalia Shop. Measurement of the 500-foot radius shall be made from the outer most boundaries of the lot or parcel upon which the proposed use will be situated.
(d) No Smoking Paraphernalia Shop shall be located within 500-foot radius of any school, library, park, playground, licensed group day-care center, or church, monastery, synagogue, or similar place of worship. Measurement of the 500-foot radius shall be made from the outer most boundaries of the lot or parcel upon which the proposed use will be situated.
(Ord. 2164. Passed 3-17-14.)
1171.01 PURPOSE AND INTENT.
(a) It is hereby determined that regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to promote traffic safety, safeguard public health and welfare, and facilitate police and fire protection.
(b) In addition, it is the intent of this Chapter to assure the continued attractiveness of the total community environment through the adoption of discretionary controls designed to preserve scenic, aesthetic and economic values within the Municipality.
(c) These regulations are designed to permit maximum legibility and effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk and area. In general, it is intended that signs of a general commercial or industrial nature be prohibited in districts where commercial or industrial activities are prohibited and that signs in residential districts be limited to those directly related to activities on the premises.
(Ord. 1166. Passed 9-24-01.)
1171.02 DEFINITIONS.
The following words and phrases shall have the meanings set forth in this section when they are used in this Chapter:
(a) Accessory Sign: A sign which pertains to the principal use of the premises upon which such sign is located.
(b) Appendage Sign: A sign that is intended to draw attention to one or more of various services, items for sale, contests, etc., and is attached as an appendage to an accessory sign, sign support or any part of a sign structure or light structure. Appendage signs are prohibited throughout the Village of Montpelier.
(c) Banner Sign: A sign on paper, cloth, fabric or other combustible material of any kind, either with or without frames.
(d) Billboard: A non-accessory sign which makes anything known to the general public, and on which a display can be posted, painted or otherwise affixed in a manner which is readily changed. Billboards are prohibited in the Village of Montpelier.
(e) Building Frontage: The length of the portion of a building facing a street abutting to the premises on which a business is located.
(f) Bulletin Board: A sign with temporary or replaceable letters or characters, used to announce dates of functions or activities.
(g) Business: Any legal use of a building, other than for a religious institution, school, home occupation, or residence by a person, firm or corporation. Although contained in the same building as another business and owned by the same person, an activity may be treated as a separate business if it is physically separated from, uses different personnel than, and provides different products or services than such other related business.
(h) Canopy: A suspended covering, often movable, placed above a door, window, or other entranceway. Canopies can be constructed of vinyl, cloth, metal, wood, or other materials.
(i) Canopy Sign: A sign, displayed and affixed flat against the surface of a canopy, which does not extend vertically or horizontally beyond the limits of the canopy. Canopy signs shall conform to projecting sign requirements.
(j) Construction Sign: A sign advertising a project under development, erected for the period of construction, identifying its developers, contractors, engineers, brokers and architects.
(k) Development Entry Sign: A permanent sign which identifies the name of a residential development or developer or the type of residential structures included in the development, and which is harmonious in appearance with the character or intended character of the area.
(l) Directional Sign: A sign, the primary purpose of which is to expedite the flow of vehicular and/or pedestrian traffic to, from and within a site.
(m) Electronic Message Board: A sign that uses lights to display messages, such as, but not limited to, the current time, temperature, and/or date of the immediate environment.
(n) Flag: A banner of distinctive design used as a symbol of a nation, state or other governmental entity or a non-profit organization.
(o) Flashing Sign: A sign that is intermittently illuminated or reflects light intermittently from either an artificial source or from the sun.
(p) Free-standing Sign: A sign supported by one or more uprights, poles, pylons or braces placed in or upon the ground and not attached to any building or other structure. Free-standing signs include pole signs, pedestal signs, ground signs, and vending devices when located outside of a building and having more than two (2) square feet of advertising area.
(q) Grade: The average elevation of an area within a radius (of the sign base) equal to two times the height of the sign.
(r) Ground Mounted Sign: A free-standing advertising structure supported by one or more uprights, poles, pylons or braces located in or upon the ground and not attached to any building or structure. The bottom edge of the display or advertising area of said sign shall be no more than twenty-four (24) inches above the adjacent grade.
(s) Handicapped Sign: A sign limited to indicating that off-street parking is reserved for the physically handicapped, or a sign which is limited to indicating facilities for the physically handicapped.
(t) Illuminated Sign: A sign which has characters, letters, figures, or designs which are illuminated either internally or with external shielded lights.
(u) Illumination, Direct: Lighting by means of an unshielded light source, which is effectively visible as a part of the sign where light travels directly from the source to the viewers eye.
(v) Illumination, Indirect: Lighting by means of a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the front, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. “Indirect illumination” does not include lighting which is primarily used for purposes other than sign illumination, e.g. parking lot lights, or lights inside a building which may silhouette a window sign, but which are primarily installed to provide inside illumination.
(w) Illumination, Internal: Lighting by means of light source which is within a sign having an opaque background or silhouetting opaque letters or designs, or within letters or designs which are themselves made of translucent material.
(x) Institutional Sign: A sign containing a surface area upon which is displayed the name of a religious institution, school, library, community center, charitable organizations or similar institutions, and the announcement of its services or activities.
(y) Interior Sign: A sign which is visible from any public street, sidewalk, alley, park or public property and located within a building.
(z) Marquee Sign: A sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.
(aa) Maximum Sign Height: Shall be measured from grade or sidewalk to the highest edge of the sign surface or its projecting structure.
(bb) Minimum Sign Height: Shall be measured from grade or sidewalk to the lowest edge of the sign surface or its projecting structure.
(cc) Moving Sign: A sign that has motion either constantly or at intervals or that gives the impression of movement through intermittent, flashing, twinkling, or varying intensities of illumination.
(dd) Non-Accessory Sign: A sign which does not pertain to the principal use of the premises on which such sign is located.
(ee) Occupational Sign: A sign denoting only the name and profession of an occupant in a commercial building or public institutional building.
(ff) On-Premise Sign: A sign which advertises only goods, services, facilities, events or attractions available on the premises, or identifies the owner or occupant, or directs traffic on the premises where a sign is located. All other signs are considered off-premises.
(gg) Portable Sign: A sign, sign board, or banner which is not permanently anchored or secured to either a building, structure or the ground; such as but not limited to, so called “A” frame, “T” shaped stand, or any sign attached to a trailer or other vehicle not accessory to the vehicle or its use, but used with the express intent of advertising including freestanding yellow and white back lighted changeable letter signs with or without directional arrows.
(hh) Premises: A lot or group of lots with one or more buildings which functions as a single use, is under the same ownership or control and is not divided by a public street. Multiple tenants of a single premises may share common entranceway and off-street parking. Examples of premises include a shopping center, a multiple family apartment complex, and a educational or medical campus.
(ii) Projecting Sign: A sign so constructed and erected as to be attached at one end to a building, pole or other structure, or any part thereof, and expending beyond the attachment surface by more than twelve (12) inches.
(jj) Roof Sign: A sign which is erected, constructed and maintained on or above the roof of a building or any portion thereof. Roof signs are prohibited in the Village.
(kk) Sign: Any name, identification, description, display, illumination, surface, or device (including its structure and component parts) that conveys a message which is affixed to, painted on, or otherwise presented directly or indirectly upon a building, structure, or land; which bears any inscription, notice, motto, or design or which directs attention to an object, product, place, activity, person, institution, organization or business, and which is visible from the public street, right-of-way, sidewalk, alley, park, or other area open to the public. Included in this definition are balloons, or other inflatable devices, mockups, banners, pennants, flags, or other devices not necessarily displaying a name or message but which are designed and intended to attract attention to an enterprise or activity.
(ll) Sign Area: The entire area within a circle, triangle, rectangle or other geometric shape enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material, graphic or color forming an integral part of the display or message, or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed, if no advertising matter is placed thereon.
(mm) Sign Erector: Any person engaged in the business of erecting, constructing, altering, or removing signs on a contractual or hourly basis.
(nn) Subdivision/Development Sign: A sign or entranceway structure, listing the names and addresses only of the establishments occupying a development, subdivision or condominium. The erection of such identification signs is so intended to assist the public in locating establishments within its immediate area and shall be placed upon property within the development or subdivision.
(oo) Temporary Sign: A sign intended to be displayed for a limited period of time, including decorative displays for holidays, special events, political signs, real estate signs, or public demonstrations.
(pp) Wall Sign: A sign attached to, painted on, inscribed, or otherwise set upon the exterior wall or surface of any building. A mural is considered a wall sign. A sign painted or inscribed on a canopy shall also be considered a wall sign.
(qq) Window Sign: Signs which are affixed or otherwise inscribed on a window of a building such that they are visible from the outside of the building. This does not include merchandise displayed in a window, unless it is arranged in a fashion to constitute a sign. (Ord. 1166. Passed 9-24-01.)
1171.03 COMPUTATION OF SIGN AREA.
For the purposes of this chapter, the total area of a sign shall be expressed in square feet and shall be computed as follows:
(a) Single-Face Sign. The total area of a single-face sign shall be computed as the number of square feet within any single or combination of geometric shapes (such as a square, rectangle, triangle or circle) encompassing the extreme limits of an individual letter(s), word(s), message(s), representation, emblem or any similar figure, including open space(s), together with any frame or other material forming an integral part of display used to differentiate such sign from the background against which it is placed.
(b) Double-Face Signs: For double-face signs having two (2) faces of equal size arranged and/or positioned back to back, parallel to each other, with no more than a two (2) foot space between the two faces; the area of the sign shall be computed as one-half (½) the total area of the two (2) faces. When the faces of such a sign are not of equal area, then the area of the sign shall be computed as the total area of the largest face.
(c) Three-Dimensional Signs. For signs which are designed as a three- dimensioned geometric form such as a sphere, cone, cylinder, or cube; the area shall be computed as one- half (½) the total surface of the geometric form.
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(Ord. 1166. Passed 9-24-01.)
1171.04 PERMIT REQUIRED FOR SIGNS.
(a) Sign Erection Permit: It shall be unlawful for any person to construct, erect, re-erect, move, alter, enlarge, or illuminate, any sign unless a permit shall have been first obtained from the Zoning Inspector, except as provided in Section 1171.06 (Signs Exempt from Permit requirement).
(b) Sign Maintenance or Change of Message: No permit shall be required for ordinary servicing, repainting of existing sign message, or cleaning of a sign. No permit is required for change of message of a sign designed for periodic message change without change of structure, including a bulletin board or billboard, but not including a sign to which a new permanent face may be attached.
(c) Planning Commission Approval: All subdivision/development signs, time/date/or temperature signs, or any type of sign not explicitly defined in this Zoning Ordinance must be approved by the Village Planning Commission before a permit shall be issued.
(d) Permit Applications: Applications for sign permits shall be made upon forms provided by the Zoning Inspector for this purpose and shall contain the following information:
(1) Name, address and phone number of applicant.
(2) Location of the building, structure, or lot on which the sign is to be attached or erected.
(3) Position of the sign on the building, structure or lot on which the sign is to be attached or erected.
(4) Position of the sign in relation to nearby buildings, structures, signs, property lines, and rights-of-way, existing or proposed.
(5) Zoning district in which the sign is to be located.
(6) Two (2) copies of the sign plans and specifications for method of construction and attachment to the building or in the ground. The sign plans shall include all pertinent data including highest point, low point clearance, face outline and total face area with method of calculation. When public safety so requires the specifications shall include the certificate or seal of a registered structural or civil engineer as a condition to the issuance of a permit.
(7) Name and address of the sign erector.
(8) Such other information as the Zoning Inspector may require to show full compliance with this and all other applicable laws of the Village and the State of Ohio.
(e) Sign Erection Permit Expiration. A sign permit shall become null and void if the work for which the permit was issued is not completed within 90 days of the date of issue.
(Ord. 1166. Passed 9-24-01.)
1171.05 GENERAL SIGN PROVISIONS.
(a) Public Rights-of-Way: No sign (or any pole or support cable of any nature) except those established and maintained by the village, county, state, or federal governments, shall be located in, project into, or overhang a public right-of-way or dedicated public easement, unless otherwise authorized in this chapter
(b) Sign Heights: The highest point of any sign shall not exceed twenty-five (25) feet above the ground or grade level (exception shall be sixteen (16) feet in total height in the C-1 zoning district). All signs which project over a public or private road or walkway, such as street signs, directional signs, or a sign on a canopy, shall have under clearance from the lowest point of the sign to the ground or grade level of not less than eight (8) feet.
(c) Traffic Interference. No advertising device shall be erected or maintained which simulates or imitates in size, color, lettering, or design any traffic sign or signal or other word, phrase, symbol, or character in such manner as to interfere with, mislead, confuse or create a visual impediment or safety hazard to pedestrian or vehicular traffic.
(d) Clear Corner Vision: No sign above a height of 30 inches shall be located within, project into, or overhang the triangular area formed at the intersection of any two street right-of-way lines (existing or proposed) by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection, unless visual under clearance can be assured on the plans.
(e) Proximity to Electrical Conductors: No sign shall be erected so that any part including cables, guys, etc., will be within ten (10) feet of any electrical conductor, electric light pole, street lamp, traffic light, or other public utility pole or standard.
(f) Illumination: No sign shall be illuminated by other than approved devices, and in no case shall any open spark or flame be used for display purposes unless specifically approved by the Village Council. All illuminated signs shall be so arranged or shielded so as not to interfere with the vision of persons on adjacent thoroughfares. In no event shall light from an illuminated sign shine on adjacent property which is used for residential purposes.
(g) Fire Escapes: No signs of any kind shall be attached to or placed upon a building in such a manner as to obstruct any fire escape.
(h) Wall Signs: No wall sign shall project beyond or overhang the wall, or any permanent architectural feature and shall not project above or beyond the highest point of the roof or parapet.
(i) Freestanding Signs: With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment.
(Ord. 1166. Passed 9-24-01.)
1171.06 SIGNS EXEMPT FROM PERMIT REQUIREMENTS.
No sign permit is required for signs listed below. Such exemptions, however, shall not be construed to relieve the owner for its proper location, erection, and maintenance.
(a) Government Signs. Signs erected by or on behalf of or pursuant to the authorization of a government body, including legal notices, informational signs, directional, or regulatory signs. In addition, signs erected by the Village, county, state, or federal government for street names, traffic control, or direction and information.
(b) Flags and Banners: Flags, pennants, banners or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device. Flags and banners may be no larger than six (6) foot by ten (10) foot in size. These flags and banners may provide for high school, or college support, or may be of a national or international nature. Said flags and banners shall be mounted on poles or masts in a traditional manner no higher than thirty-five (35) feet.
(c) House Numbers and Nameplates Signs: Signs not exceeding four (4) square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
(d) Private Directional Signs: Signs directing and guiding traffic and parking on private property that do not exceed six (4) square feet each and bear no advertising matter.
(e) Handicapped Signs: Not exceeding four (4) square feet each and bearing no advertising matter.
(f) Integral Signs: Names of buildings, date of erection, monumental citations, commemorative tablets, and the like when carved or inset into stone, concrete, or similar material and made an integral part of the architecture and structure.
(g) Institutional Signs: Signs setting forth the name of any public, charitable, educational, or religious institution, located entirely upon the property of that institution, or in an central area designated by the Village, up to an area of thirty-two (32) square feet. Such signs may be illuminated in accordance with the regulations contained hereinafter. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground mounted, the top shall be no more than four (4) feet above ground level.
(h) Common Household Signs: Examples of such signs include yard sale, garage sale, rummage sale, for sale, no trespassing, beware of dog, etc. Yard, garage, rummage and similar signage may only be displayed for a period of no more than three (3) days at no more than three (3) times per year. In no instance shall signs be placed on or attached to utility poles or trees.
(i) Temporary Signs, Banners, Flags: Temporary Signs, not specifically regulated in any other section of this ordinance, including but not limited to: political or campaign signs, real estate signs, signs for special events or activities, banners, flags, and the like shall be permitted subject to the following conditions:
(1) No temporary sign or devices shall be located in the public right-of-way, attached to any utility pole, or projecting over any public sidewalk or street right-of-way.
(2) All temporary signs may be placed no earlier than 30 days prior to the event or activity in which it is advertising and must be removed within five (5) days of the conclusion of the event, activity, election, sale, etc. for which the temporary sign is displayed.
(3) The total area and height of temporary signage shall not exceed the following standards:
A. In residential districts, temporary signage shall be limited to six (6) square feet in area and six (6) feet in height.
B. In all commercial and industrial districts, temporary signage shall not exceed thirty-two (32) square feet of total sign are per side or a height of eight (8) feet.
(j) Traditional Displays: Any traditional display in connection with the celebration of a national holiday, religious holiday, or a community celebration or event is hereby permitted.
(k) Public Signs: Signs of a non-commercial nature and in the public interest, erected by, or on the order of, a public officer or body in the performance of their public duty, such as safety signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, way-finding signs, and the like.
(Ord. 1166. Passed 9-24-01.)
1171.07 PROHIBITED SIGNS.
The following signs are prohibited throughout the Village, notwithstanding anything to the contrary in this Chapter.
(a) Moving Signs: Signs that revolve or are animated or that utilize movement or apparent movement to attract attention. No sign shall have blinking, flashing, or fluttering lights or other illuminated devices such as a changing light intensity, brightness or color. No site shall utilize moving patterns of light so as to convey an illusion of motion or animation. Electronic message boards or changeable copy signs in which the copy consists of an array of light, are permitted, provided that the frequency of message change is not less than five (5) seconds. All lights in a display shall activate simultaneously, remain activated for not less than five (5) seconds, and deactivate simultaneously. Beacon lights and search lights are not permitted.
(b) Flashing Signs: Signs which are illuminated by or in any manner incorporates lights that flash, twinkle, move, or give the appearance of movements.
(c) Banners, Streamers: Exterior banners, pennants, spinners, other than a banner or pennant used as a permitted sign under provisions of this Chapter.
(d) String Lights: Exterior string lights used in connection with a commercial premises, other than holiday decorations, which shall be removed within 15 days after the holiday.
(e) Unsafe Signs: Any sign which is structurally or electrically unsafe.
(f) Any sign erected on a utility pole, directional sign post, or landscaping including trees. Prohibited signs shall not include street signs erected by the Village, county, state, or federal government or a public transit agency.
(g) Business No Longer Existing (Abandoned Signs): Any business sign or sign structure now or hereafter existing which advertises a business conducted or a product sold, which no longer exists or is no longer in business on the premises on which the sign is located. Such sign shall be considered abandoned and shall, within 30 days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
(h) Non-anchored Signs: Portable Signs and freestanding signs not permanently anchored or secured to either a building or the ground, except real estate "open house" signs.
(i) Signs on Vehicles: Signs displayed on any (licensed or un-licensed) vehicle or trailer when the subject vehicle or trailer is parked in such a manner that the obvious intent is to attract attention to a business, service, or commodity on the premises.
(j) Sign Structure Without Sign: Any sign structure or frame no longer supporting or containing a sign. The owner of the property where the sign is located shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to prevent the changing of the message of a sign.
(k) Roof-mounted Signs.
(o) Air-Filled or Gas-Filled Balloon Signs.
(p) Other Signs Prohibited: Other signs not expressly permitted shall be prohibited.
(Ord. 1166. Passed 9-24-01.)
1171.08 DISTRICT REGULATIONS.
(a) Signs Permitted in Residential Districts (R-1, R-2, & R-3):
(1) Development Entry Sign. A single illuminated wall or ground mounted development entry sign is permitted for each entrance of a subdivision. Ground mounted signs shall be setback so that the face of the sign is not less than five (5) feet from the street right-of-way. Development entry signs shall not exceed four (4) feet in height. The surface display areas shall not exceed 24 square feet. The location and appearance of all subdivision/condominium signs shall be subject to review and approval by the Planning Commission at the time of site plan review, provided that such signs shall be located no closer than twelve (12) feet from any property line. Adequate provisions shall also be made at the time of site plan review to insure continued maintenance of the sign.
(2) Home Occupation Signs: Approved and permitted home occupations may have one (1) non-projecting, non-illuminated, attached walls sign, not exceeding four (4) square feet in surface display area.
(3) Signs as permitted in Section 1171.06(h) above, except that up to eight (8) square feet of total small accessory signs may be erected.
(4) Signs of a combined area of not more than twenty-four (24) square feet advertising the name and activities of a permitted nonresidential use or legal non-conforming use. Said sign shall be located on the same parcel as the use. Signs for discontinued legal non-conforming uses shall be removed as provided for in this chapter.
(6) Customary farm and crop signs on active farms.
(b) Signs Permitted in the R-4 Manufactured Housing District:
(1) Development Entry Sign. A single illuminated wall or ground mounted development entry sign is permitted for each entrance of a subdivision. Ground mounted signs shall be setback so that the face of the sign is not less than five (5) feet from the street right-of-way. Development entry signs shall not exceed four (4) feet in height. The surface display areas shall not exceed twenty-four (24) square feet. The location and appearance of all manufactured home park signs shall be subject to review and approval by the Planning Commission at the time of site plan review, provided that such signs shall be located no closer than twelve (12) feet from any property line. Adequate provisions shall also be made at the time of site plan review to insure continued maintenance of the sign.
(2) Home Occupation Signs: Approved and permitted home occupations may have one (1) non-projecting, non-illuminated, attached walls sign, not exceeding four (4) square feet in surface display area.
(3) Signs as permitted in Section 1171.06(h) above, except that up to six (6) square feet of total small accessory signs may be erected.
(4) Signs of a combined area of not more than twenty-four (24) square feet advertising the name and activities of a permitted nonresidential use or legal non-conforming use. Said sign shall be located on the same parcel as the use. Signs for discontinued legal non-conforming uses shall be removed as provided for in this chapter.
(c) Signs Permitted in C-3 Central Business District:
(1) On the street side of a premises, one (1) wall sign shall be permitted, the total area of which shall not exceed one (1) square foot for each one (1) linear foot of frontage of the principle building(s). However, a minimum of thirty-two (32) square feet shall be permitted for all buildings. Where a principle building has frontage along two or more streets, one (1) additional sign not exceeding one (1) square foot along each one (1) linear foot of building frontage along the second or more streets shall be permitted, provided that the total sign area along each additional frontage shall not exceed thirty-two (32) square feet.
(2) For occupied parcels with lawn or parking facilities sufficient to meet required setback requirements, one free-standing sign not to exceed thirty-two (32) square feet in size and sixteen (16) feet in height shall be permitted.
(3) In addition to the signs allowed in paragraphs (1) and (2) above, wall sign(s) may be erected on the rear or parking lot side of a premises not exceeding one-half (½) square foot for each linear foot of the rear length of the principle building(s), provided that the total sign area shall not exceed twenty-four (24) square feet in area. Such signs shall be erected not less than four (4) feet nor more than twelve (12) feet above the established grade.
(4) Interior signs: For each premises, an additional area of interior signs not to exceed fifty (50) percent of the area of any window shall be permitted, provided no one sign shall exceed twenty (20) square feet in area. The area of interior signs shall be computed in the manner provided for all signs under Section 1171.03.
(5) In the CBD District only, signs may be located over a public right-of-way if painted or inscribed on a canopy (see Section 1171.02 for definition of "canopy") or projecting sign (see Section 1171.02 for definition of “projecting”). Such signs shall not project over a roadway, and shall have a minimum under-clearance of eight (8) feet from the lowest point of the sign to the ground or grade level. Canopy and projecting signs shall be subject to the total sign area permitted on the parcel.
(6) Theaters, except for adult-regulated uses, shall be permitted 100 square feet of sign area in addition to the district provisions of this Chapter for changeable-message type marquee signs.
(d) Signs Permitted in the C-1 Limited Commercial and C-2 Full Commercial Districts:
(1) On all street sides of a premises, wall signs shall be permitted, the total area of which shall not exceed fifteen (15) percent of the building face. Total sign area on the building may not exceed 100 sq. ft.
(2) One (1) freestanding sign may be allowed per premises. Such sign shall not exceed 25 feet in height and 100 square feet in area.
(3) In addition to the signs allowed in paragraphs (1) and (2) above, wall sign(s) may be erected on the rear or parking lot side of a premises not exceeding one-half (½) square foot for each linear foot of the rear length of the principle building(s), provided that the total sign area shall not exceed thirty (32) square feet.
(4) Interior signs: For each premises, an additional area of interior signs not to exceed fifty (50) percent of the area of any window shall be permitted, provided that no one sign shall exceed twenty (20) square feet in area. The area of interior signs shall be computed in the manner provided for all signs in this zoning code.
(5) Theaters, except for adult-regulated uses, shall be permitted 100 square feet of sign area in addition to the district provisions of this Chapter for changeable-message type marquee signs.
(6) Maximum sign area for commercial parcels in the C-2 and C-3 zoning districts shall not exceed a maximum of 200 square feet.
(e) Signs Permitted in M-1 & M-2 Industrial Districts:
(1) One (1) wall sign may be erected per building face up to one-hundred (100) square feet in area or 10% of the total facade area of the building which ever is less.
(2) One (1) freestanding sign may be erected provided said sign does not exceed one-hundred (100) square feet of display area per side. Such sign shall have a height of no more than twenty-five (25) feet above the established grade and be erected no closer than twenty (20) feet from any property line.
(3) In addition to signs permitted in paragraph (1) above, one (1) wall sign shall be permitted for each tenant having an individual means of entranceway into the side or rear of a building. Such sign shall not exceed six (6) square feet in area, and shall be erected not less than four (4) feet nor more than twelve (12) feet above the established grade.
(4) Interior signs which are visible from any public right-of-way, alley, or adjacent property are prohibited.
(5) Directional signs, up to six (6) square feet in area, designating entrances, exits, parking and unloading areas, shipping docks, and similar internal traffic control signs shall be permitted and located no closer than within five (5) feet of any property line. (Ord. 1166. Passed 9-24-01.)
1171.09 CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
(a) Materials and Design: All signs shall be designed, constructed and maintained in conformity with the provisions for materials, loads, and stresses of the latest adopted edition of the Village Building Code and requirements of this Chapter.
(b) Erector's Imprint: Signs which require a permit under this Chapter must carry the identification and address of the sign erector, electrical voltage (when applicable), and date of erection in clearly legible letters whether for the initial erection or rehanging of a sign. In case of re-hanging or re-erection of any sign, the new erector must place his identification, address and the date on the sign.
(c) Fastenings: All signs must be erected in such a manner and with such materials to remain safe and secure during the period of use and all bolts, cables, and other parts of such signs shall be kept painted and free from corrosion. Any defect due to the fault of the erector shall be repaired by the erector.
(d) Freestanding Signs: Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is no danger that either the sign or the supportive structure may be moved by the wind or other forces and cause injury to persons or property.
(e) Sanitation/Landscaping: Property surrounding any freestanding sign shall be kept clean, sanitary and free from obnoxious and offensive substances, weeds, debris, rubbish, and flammable material. All plant materials and other landscaping surrounding a freestanding sign shall be maintained on a regular basis, including pruning, mowing, watering, fertilizing and replacement of dead and diseased materials.
(f) Maintenance: All signs and all components thereof, including without limitation supports, braces, and anchors, shall be kept in a state of good repair. Peeling or missing paint, holes, broken, cracked, bent, warped, rotted, discolored, sagging, out-of-plumb, worn, rusted or missing material parts shall be repaired within ten (15) days of written notification of the Zoning Official.
(Ord. 1166. Passed 9-24-01.)
1171.10 NON-CONFORMING SIGNS.
(a) Intent: It is the intent of this Chapter to encourage eventual elimination of signs that as a result of the adoption of this Chapter become non-conforming. Furthermore, this Chapter seeks to realize the removal of illegal non-conforming signs and to avoid any unreasonable invasion of established private property rights.
(b) Lawful Existing Signs: Any sign lawfully existing at the time of this Chapter which does not fully comply with all provisions shall be considered a legal non-conforming sign and may be permitted to remain as long as the sign is properly maintained and not detrimental to the health, safety and welfare of the community except as hereafter provided.
(c) Continuance: A non-conforming sign shall not:
(1) Be expanded or changed to another nonconforming sign or so as to increase the degree of non-conformity of the sign;
(2) Be relocated or re-established after its discontinuance.
(3) Be structurally reconstructed so as to prolong the life of the sign; or so as to change the shape, size, type, placement, or design of the sign's structural parts.
(4) Re-established after damage or destruction, ordinary wear or obsolescence, if the estimated cost of the reconstruction or renovation exceeds fifty (50%) percent of the replacement cost of the sign.
(5) Be altered unless the alteration or reconstruction be in compliance with the provisions of this Chapter. For the purpose of this Chapter only, the term "altered" or "reconstructed" shall not include normal maintenance; changing of surface sign space to a lesser or equal area; landscaping below the base line; or changing electrical wiring or devices, backgrounds, letters, figures, or characters.
(6) On lots where an existing sign exceeds the sign area, sign height or encroaches into the minimum required setback area allowed by this chapter, and in that respect is a legal non-conforming sign, no new sign, either free-standing or attached to a building, shall be erected until such existing legal non-conforming sign is brought into compliance with this chapter.
(d) Termination of Business: Nonconforming signs and sign structures shall be removed or made to conform within 60 days of the termination of the business or use to which they are accessory.
(e) Change of Property: If the owner of a sign or the premises on which a sign is located changes the location of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this Chapter.
(f) Portable and Temporary Signs: Portable and temporary signs that are nonconforming shall be altered to comply with the provisions of this Chapter or removed within 90 days after the effective date of this Chapter.
(g) Administration: The Zoning Inspector shall make every reasonable effort to identify all the nonconforming signs within the Village. The administrator shall keep complete records of all communications and other actions taken with respect to such nonconforming signs.
(Ord. 1166. Passed 9-24-01.)
1171.11 REPAIRS OR REMOVAL; SERVICE OF NOTICE.
(a) If the Zoning Inspector finds that any sign is maintained in violation of this chapter, he or she shall give written notice to the Responsible Party(s) (person(s) entitled to possession of the sign or to the owner(s) of the property where the sign is located). If such person fails to alter or remove the sign so as to comply with this ordinance within thirty (30) days after receipt of such notice and within the time given in that notice, the Zoning Inspector may alter or remove the sign at the expense of the owner or person entitled to possession of the property or sign.
(b) The written notice may be serviced upon the responsible parties and property owners (on all persons who are included in the term “responsible party” to the extent they are known) by certified mail or by personal service. If service cannot be reasonably made by certified mail or by personal service, then service shall be made by posting a copy on the subject premises. The period for compliance with the notice shall commence on the date the notice is delivered or, if service is made by posting, the period for compliance shall commence on the date of posting. (Ord. 1166. Passed 9-24-01.)
1171.12 FAILURE TO REPAIR OR REMOVE.
(a) If the responsible party does not repair or remove the deficient sign within the time period as set forth in the notice and if no appeal has been timely filed, or if an appeal has been filed, but the sign in violation has not been repaired or removed in accordance with the order of the Commission, then the responsible party shall be subject to the penalty provisions as set forth in Section 1171.15.
(b) In addition, the Zoning Inspector may also enforce the notice by injunction commenced in the County Court of Common Pleas.
(c) Further, the Zoning Inspector may proceed to have the sign found in violation repaired or removed or otherwise abated and the total cost of such action shall be collected by either a civil site filed in the County Court of Common Pleas or the Bryan Municipal Court, or by certification by the Clerk of Council of such total cost to the County Auditor for placement upon the tax duplicate to be collected with the real estate taxes.
(d) Within thirty days of the removal of any sign by the Municipality, and upon payment of the total cost of such removal, a Responsible Party may reclaim the sign. If the sign is not reclaimed within thirty (30) days, the sign shall become the property of the Municipality and may be disposed of in any manner deemed appropriate by the Zoning Inspector.
(Ord. 1166. Passed 9-24-01.)
1171.13 APPEAL OF ZONING INSPECTOR’S ORDER.
Any person aggrieved by a decision, ruling or order from the Zoning Inspector may be appealed to the Commission in accordance with Section 1137.08.
(Ord. 1166. Passed 9-24-01.)
1171.14 EMERGENCY.
In the event of a sign violation as set forth in this chapter wherein such sign constitutes an immediate danger to lives or property, the Zoning Inspector, with the concurrence of the Manager or the Chief of Police or the Fire Chief or the Mayor, may commence immediate repairs or removal of the nuisance sign, having given the Responsible Party such notice as was practicable under the circumstances. The total cost of such repair or removal shall be collected as set forth in Section 1171.12. (Ord. 1166. Passed 9-24-01.)
1171.99 PENALTY.
The failure of the Responsible Party to comply with the notice is a minor misdemeanor as defined by law. Each day of violation shall constitute a separate offense.
(Ord. 1166. Passed 9-24-01.)
1173.01 CONFLICTING REGULATIONS.
Whenever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this Ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this Ordinance, then the provisions of such law or ordinance shall govern.
(Ord. 1166. Passed 9-24-01.)
1173.02 SCOPE.
No building or structure, or part thereof, shall hereafter be erected, constructed or altered, and no new use shall be made of or change shall be made to any building, structure or land, or part thereof, except in conformity with the provisions of this Ordinance.
(Ord. 1166. Passed 9-24-01.)
1173.03 USE REGULATIONS.
Except as otherwise provided herein, regulations governing land and building use are hereby established in Chapters 1151 through 1161 covering each district. Uses permitted in each district after special approval shall be permitted only in accordance with the Conditional Use Approval standards and procedures of this Ordinance. (Ord. 1166. Passed 9-24-01.)
1173.04 USES NOT OTHERWISE SPECIFIED WITHIN A USE DISTRICT.
Uses which have not been specifically mentioned within any use district may be processed under the Conditional Use Permit procedure, in accordance with Chapter 1177. Such uses and related structures shall be subject to the area, height, bulk, and placement requirements for the District in which it is located. (Ord. 1166. Passed 9-24-01.)
1173.05 LAND REQUIRED TO SATISFY REGULATIONS.
No portion of a lot used in or necessary for compliance with the provisions of this Ordinance shall through sale or otherwise be reduced beyond said minimums or again be used to satisfy the zoning requirements of another lot. (Ord. 1166. Passed 9-24-01.)
1173.06 PUBLIC UTILITY FACILITIES.
When operating requirements necessitate the locating of public utility facilities and uses (without storage yards) within the district in order to serve the immediate vicinity, such facilities shall be permitted in all zoning districts, subject to Conditional Use Approval by the Commission (See Chapter 1177), review and approval of the site plan, and a finding by the Commission that the use is compatible to the surrounding area and will not be injurious to the surrounding neighborhood and is not contrary to the spirit and purpose of this Ordinance.
(Ord. 1166. Passed 9-24-01.)
1173.07 GENERAL EXCEPTIONS.
(a) Essential Services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the Municipality, it being the intention hereof to exempt such essential services from the application of this ordinance, except that all buildings hereunder shall be subject to site plan review in accordance with this Ordinance.
(b) Voting Place. The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
(c) Height Limits. The height limits of this Ordinance shall not apply to radio transmitting and receiving or television antennae, chimneys or flagpoles, church spires, belfries, cupolas, domes, water towers, observation towers, power transmission towers, radio towers, masts, aerials, smokestacks, ventilators, skylights, derricks, conveyors, cooling towers, and other similar and necessary mechanical appurtenance pertaining to the permitted uses of the districts which they are located. (Ord. 1166. Passed 9-24-01.)
1173.08 EASEMENTS.
It shall be unlawful for any person to install, erect, cause or permit the installation of a permanent structure (garage, building or large tree) on or across an easement of record which will prevent or interfere with the free right or opportunity to use or make accessible such easement for its proper use.
(Ord. 1166. Passed 9-24-01.)
1173.09 GRADES, ELEVATION DIFFERENTIALS, AND RETAINING WALLS.
(a) The grading of all building lots shall be such as to divert water away from buildings and to prevent standing water and soil saturation detrimental to structures, lot use, and surrounding property.
(b) All retaining walls shall be designed and built so as to safely resist lateral pressures of soil behind them and be safely supported by soil beneath them. Additionally, retaining walls shall be maintained in structurally sound, good and safe repair and shall not impair drainage or create negative impacts on any other lot. (Ord. 1166. Passed 9-24-01.)
1173.10 OBSTRUCTIONS TO VISION ON CORNER LOTS.
No structure, wall, fence, shrubbery, or trees shall be erected, planted or maintained on any lot which will obstruct the view of the driver of a vehicle approaching an intersection; excepting that shrubbery and low retaining walls not exceeding three (3) feet in height above the curb level and trees where all branches are not less than eight (8) feet above the street level will be permitted. In the case of corner lots, this shall also mean that there shall be provided an unobstructed triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the pavement edge lines, or in the case of a rounded corner, from the intersection of the street property lines extended.
(Ord. 1166. Passed 9-24-01.)
1173.11 FENCE, WALL AND PRIVACY SCREEN REGULATIONS.
Fences, walls and privacy screens are permitted subject to the following:
(a) The erection, construction or alteration of any fence, wall or privacy screen as defined herein, shall be constructed within all municipal codes and shall require a zoning permit. (Ord. 1166. Passed 9-24-01.)
(b) Fences or walls in R-1, R-2 and R-3 shall not exceed six (6) feet in height above grade and shall not extend toward the front of the lot farther than the front building line. Decorative wrought iron, wooden and similar decorative plastic composite fences are permitted within a front yard, provided that they do not exceed four (4) feet above the highest grade. Fences shall be only one neutral color. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced. “Chain link” and bare wire fencing is prohibited in the front yard. All fences which are a part of any deck structure shall not exceed six (6) feet in height above the surface of the deck. All such fences shall be subject to the following conditions:
(1) Those side yards that have a common street line with front yards in the same block shall be treated as front yards and shall not have a fence over four (4) feet in height erected within the minimum front yard setback.
(2) On corner lots, fences shall not be higher than four (4) feet within twenty- five (25) feet of the edge of either of the two roads in order to maintain the clear vision area.
(3) Fences which serve as architectural or decorative landscaping and are not used to enclose property and/or are not placed on common lot lines, may be erected within the provisions of the minimum yard requirements for said yard as specified each zoning district classification.
(Ord. 2208. Passed 10-24-16.)
(c) Fences which enclose public or institutional playgrounds shall not exceed six (6) feet in height above grade.
(d) Fences shall not contain barbed wire, electric current or charge of electricity; provided, however, that fences in non-residential districts which enclose storage areas may have barbed wire connected therewith, provided such barbed wire is located more than six (6) feet above grade. (Ord. 1166. Passed 9-24-01.)
(e) The property owner is responsible for ensuring that any fence, wall or privacy screen is placed on the owner’s property. The Municipality is not responsible for locating property lines.
(f) If the property is rented, the owner of the property must sign the permit application. No permit will be issued with only the signature of the renter. For purposes of this section, the owner shall be the person(s) identified as the owner of the property in the records of the County Auditor at the time of application.
(Ord. 2208. Passed 10-24-16.)
1173.12 TEMPORARY AND PORTABLE BUILDINGS, USES, STRUCTURES AND SPECIAL EVENTS.
The Commission may permit temporary buildings, structures and uses, including without limitation: Quonset huts, temporary carports, inflatable carports, temporary garages, inflatable garages, and structures consisting of a portable frame with a fabric covering, for a period not to exceed six (6) months provided that all requirements and conditions are met, as are the relative to the type of structure and use, the timing and arrangements for termination and removal. Such temporary buildings and structures shall not be used for permanent storage. The Commission may require safeguards related to setbacks, screening, off-street parking which are considered necessary to protect the health, safety, welfare and comfort of inhabitants of the Municipality. Further, the Commission may require site plan approval and performance guarantees as conditions of approval. Mobile homes, mobile or temporary offices, trucks, truck trailers, truck boxes, vans or other passenger vehicles or trailers shall not be used for storage, warehousing, retail sales, service or offices, except by approval of the Commission. The temporary building permit may be renewed for one additional six (6) month period upon review and approval by the Commission.
(Ord. 2208. Passed 10-24-16.)
1173.13 STORAGE OF OBNOXIOUS MATTER IN OPEN CONTAINERS PROHIBITED.
No garbage, filth, refuse or other obnoxious matter shall be kept in open containers, piled or laid on the open ground; and all containers shall be stored in such a way so as not to be visible from any street.
(Ord. 1166. Passed 9-24-01.)
1173.14 SOIL EXCAVATION OR FILLING.
(a) The deposit or burying of garbage anywhere in the Municipality is expressly prohibited.
(b) The use of land for quarry excavation and the removal or filling of topsoil, sand, gravel or other material from or on the land is not permitted in any zoning district unless a plan for such excavation or filling has first been filed with and a building permit is obtained from the Zoning Inspector. Before issuing a permit, the Zoning Inspector shall determine that such removal will not cause stagnant water to collect or, at the expiration date of such permit, leave the surface of the land in an unsuitable condition or cause the land to be unfit for other uses permitted in the district in which the removal or filling occurs; and that such fill or removal will not cause water or other materials to encroach on any public street, sidewalk, or adjacent property not owned by the applicant. When appropriate, the Zoning Inspector may require that such fill or excavation areas are protected with fencing, rail guards, and warning signs.
(c) This regulation shall not prohibit the normal removal or filling of soil for the construction of an approved building or structure when such plans have been approved by the Zoning Inspector, and a building permit has been issued for said building development.
(Ord. 1166. Passed 9-24-01.)
1173.15 SIDEWALKS.
For all developments requiring site plan approval, either a new public sidewalk or the reconstruction of existing sidewalks, shall be required to be constructed to Municipality standards along the perimeter of the lot which abuts any major, intermediate or collector street as defined in the Plan. New or reconstructed sidewalks or bikeways shall be aligned with existing or proposed sidewalks or bikeways. The Commission may waive the requirement for sidewalks in areas not already served by sidewalks or if the installation of sidewalks would serve no public benefit. (Ord. 1166. Passed 9-24-01.)
1173.16 DUMPSTERS OR OUTDOOR TRASH RECEPTACLES.
Any new or altered multiple family, commercial, or industrial use which requires site plan review under Chapter 1175 and has an outdoor trash storage area shall comply with the following requirements:
(a) Any outdoor trash storage area shall be limited to normal refuse which is collected on a regular basis and shall be maintained in a neat, orderly and sanitary condition. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed.
(b) A decorative masonry wall or wooden privacy fence of six (6) feet in height shall enclose three (3) sides of the storage area. Bollards and/or other protective devices shall be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. Screening gates may be required by the Commission when deemed necessary to obscure a trash receptacle from view from a public right-of-way. The surface under any such storage area shall be constructed of concrete which complies with local building requirements.
(c) In no instance shall any such refuse be visible above the required enclosure.
(d) Adequate vehicular access shall be provided to such containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby.
(e) Any such storage shall be located in a rear yard or be so located and arranged as to minimize its visibility from adjacent streets and uses. The Commission may require an obscuring gate when the visibility of such a storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.
(Ord. 1166. Passed 9-24-01.)
1173.17 SWIMMING POOL REGULATIONS.
(a) Definitions. The following words and phrases shall have the meanings set forth in this section:
(1) "Family wading pool" means a container that is both incapable of holding water at a depth of greater than 18 inches and has a water surface area of less than one hundred square feet.
(2) "Portable swimming pool" means a container that does not meet the definitions of a "family wading pool" and that is typically stored during the winter months and that may be dismantled, folded, or moved from one place to another without the use of tools other than those normally found in a household workshop. An inflatable swimming pool is typical example of a portable swimming pool.
(3) "Nonportable swimming pool" means any artificial body of water, whether inground or above-ground that is not dismantled, folded or stored during the winter months.
(b) Family Wading Pools Exempt. The regulations in this section shall not apply to a family wading pool.
(c) Permit Application. It shall be unlawful for any person to construct or maintain an outdoor portable swimming pool or nonportable swimming pool without first making application to the Zoning Inspector and obtaining a permit thereof. Application for such permit shall show the name of the owner, a plot plan of the property showing the location of such swimming pool, a detailed plan and specifications for such swimming pool, and full information as to the type, height and location of the fence, if any, surrounding such swimming pool and the number of gates therein.
(d) Location. Outdoor portable and nonportable swimming pools may be erected as an accessory use in a side or rear yard only, provided that they are located no closer than ten (10) feet from the side or rear lot lines. No such pool or part thereof shall be installed within twenty- five (25) feet of a side street right of way.
(e) Fencing. All portable and nonportable swimming pools shall be completely enclosed by a fence not less than four (4) feet in height. For above ground portable or nonportable swimming pools with side walls of four (4) feet or higher, a removable ladder, locking ladder gate, locking cover, or other security measure may be used to satisfy the fence requirement. The gates shall be of the self-closing, self-latching type with latch on the inside of the gate not readily available for children to open. A fence which encloses the yard, as a whole, of the type referred to above, may be considered as complying with the requirements hereof. All gates must be locked when the residents are away from the house or when the pool is not in use.
(f) Inspection. The Zoning Inspector shall have the right, at any reasonable hour, to inspect any swimming pool for the purpose of determining that all provisions of this Section are complied with. Before any swimming pool shall be used, a final inspection and approval must be received from the Zoning Inspector.
(g) Nuisance. Any such outdoor swimming pool installed, operated or maintained in violation of provisions of this Section shall constitute a nuisance, and the Municipality may, in addition to the penalties herein set forth in Chapter 1135, maintain any proper action for the abatement of such nuisance.
(h) Maintenance. The pool shall be maintained in a clean and healthful condition in accordance with Municipality and County public health and safety requirements
(i) Community/club pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for the use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
(1) The pool and accessory structures thereto including the areas used by bathers, shall not be closer than one hundred (100) feet to any property line of the property on which it is located.
(2) The swimming pool and all of the area used by the bathers shall be walled or fenced so as to prevent uncontrolled access by a wall or fence not less than six (6) feet in height and maintained in good condition.
(j) No private swimming pool may be filled with the assistance of any Village unless and until the owner has obtained a permit from the Zoning Inspector under this Section.
(Ord. 2164. Passed 3-17-14.)
1173.18 PERFORMANCE STANDARDS.
No activity, operation, or use shall be permitted on any property which by reason of the emission of odor, fumes, smoke, vibration, radiation, noise or disposal of waste is deleterious to other permitted activities in the zone district or is obnoxious or offensive to uses permitted in neighboring districts, or is harmful to the general health, safety or welfare of the community. The following standards shall apply:
(a) Noise.
(1) Noise Level Limits. No operation or activity shall be carried on which causes or creates measurable noise levels which have an annoying or disruptive effect on surrounding properties. Noise emanating from a use in any district shall not exceed the level of ordinary conversation at the boundaries of the lot. Short intermittent noise peaks may be expected if they do not exceed normal traffic noise peaks at any point on the lot boundaries.
(2) Permitted Exemptions. Noise resulting from the following activities shall be exempt from the maximum permitted sound levels provided such activity occurs in a legally-accepted manner:
A. Temporary construction activity that occurs between 7:00 am and 7:00 pm.
B. Performance of emergency work.
C. Warning devices necessary for public safety, such as police, fire, and ambulance sirens and train horns.
D. Lawn care and house maintenance that occurs between 7:00 am and 9:00 pm.
(b) Vibration.
(1) Permitted Vibration. Vibration is the oscillatory motion of a solid body. Machines or operations which cause vibration may be permitted in industrial districts, provided that: No operation shall generate any ground- or structure-borne vibrational motion that is perceptible to the human sense of touch beyond the property line of the site on which the operation is located; and
(2) Permitted Exemptions. Vibrations resulting from temporary construction activity that occurs between 7:00 am and 7:00 pm. shall be exempt from the maximum permitted vibration levels, provided that such activity occurs in a legally- accepted manner.
(c) Dust, Smoke, Soot, Dirt, Fly Ash and Products of Wind Erosion. The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stock piles, shall be prohibited. Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the requirements established in conjunction with all applicable state or federal regulations. No person, firm or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.
(d) Odor. Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.
(e) Glare and Heat. Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half (½) of one (1) footcandle when measured at any point along the property line of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.
(f) Fire and Safety Hazards. The storage and handling of flammable liquids, liquified petroleum gases, and explosives shall comply with all applicable state, county and local regulations. Further, all storage tanks for flammable liquid materials above ground shall be located at least one hundred and fifty (150) feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or another type of approved retaining wall capable of containing the total capacity of all tanks so enclosed. Below-ground bulk storage tanks which contain flammable material shall be located no closer to the property line than seventy-five (75) feet.
(g) Hazardous Substance Containment and Storage. The storage and handling of hazardous substances shall comply with all applicable state, county and local regulations. There shall be no general purpose floor drains in structures in which hazardous substances are kept. Above ground storage containers for hazardous materials shall require secondary containment facility capable of containing the total volume of all hazardous substances.
(h) Sewage Wastes and Water Pollution. Sewage disposal and water pollution shall be subject to the standards and regulations established by federal, state, county, municipal, and all of the applicable regulatory agencies, including applicable state departments, the County Health Department, and the U. S. Environmental Protection Agency.
(i) Gases. The escape of or emission of any gas which is injurious or destructive to life or property, or which is explosive, is prohibited. Gaseous emissions shall be subject to all applicable state and federal regulations.
(j) Electromagnetic Radiation and Radio Transmission. Electronic equipment required in an industrial, commercial, or other operation shall be designed and used in accordance with applicable rules and regulations established by the Federal Communications Commission (FCC). The operation of such equipment shall not interfere with the use of radio, television, or other electronic equipment on surrounding or nearby property.
(k) Radioactive Materials. Radioactive materials, wastes and emissions, including electromagnetic radiation such as from an x-ray machine, shall not exceed levels established by Federal agencies which have jurisdiction.
(Ord. 1166. Passed 9-24-01.)
1173.19 OUTDOOR WOOD BURNING.
(a) Any wood burner located and used within the Village of Montpelier shall either be completely enclosed within a structure intended for human occupancy or enclosed in a permanent structure as defined in subsection (b).
(b) For the purposes of subsection (a), a permanent structure shall be deemed to be a structure completely enclosed, built on a foundation made of concrete, and otherwise constructed in conformance with all applicable zoning laws.
(c) Installation and operation of any wood burning device shall comply with the following:
(1) The wood burning device shall comply with manufacturer specifications with respect to installation and operation.
(2) The wood burning device shall comply with all applicable state and federal laws;
(3) Any wood burning device located within a structure that is not intended for human occupancy shall be at least 50 feet from the closest property line.
(4) Any wood burning device located within a structure that is not intended for human occupancy shall have a chimney stack which is at least two (2) feet above the roof line of the highest structure located within 200 feet of the chimney stack, whether such highest structure is located on the subject property or otherwise.
(5) Wood burning devices which are designed to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted.
(6) No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any wood burning device.
(7) A wood burner shall only be operated between September 15th and May 15.
(d) Nothing contained herein shall authorize any installation or operation of a wood burning device that constitutes a public or private nuisance. Compliance with this section shall not be a defense to any civil or criminal action for nuisance.
(e) “Wood burner” means any device that is designed or intended to burn wood, or wood by-product or similar material, for the purpose of providing a source of heat, either directly or indirectly, to any structure or appurtenance thereto.
(f) Any property owner who intends to install a wood burner shall obtain a building permit.
(g) The Fire Chief of the Village of Montpelier shall be authorized to inspect any wood burner at the time a building permit is sought, and annually thereafter.
(Ord. 2048. Passed 8-14-06.)
1173.20 DEMOLITION OF CERTAIN BUILDINGS.
Except in cases of emergency or as otherv,ise agreed in writing by the Village Manager, when a building is demolished within the Village the following procedures shall be used:
(a) The owner or contractor must notify the Village and complete any required application and pay any required application fee.
(b) All utilities must be safely disconnected by authorized and qualified persons.
(c) The owner must remove material and concrete down to at least a depth of five (5) feet, haul away excess material, clean the site, use suitable fill, and compact the site to minimize settling.
(d) The owner must take responsible measures to minimize damage to sidewalks and will be responsible for replacement or repair of damaged sidewalks.
(e) The property owner will be responsible for seeding the site.
(f) All demolition must be completed within one (1) month from start of demolition. Grading and backfill must be completed within six (6) months from the start of the demolition.
(g) The owner must comply with all applicable federal and state regulations pertaining to asbestos and lead paint remediation.
(h) All material removed will be the responsibility of the property owner and must be hauled to an approved landfill. The Village dump will not accept any material from the demolition.
(Ord. 2257. Passed 11-8-21.)
1173.21 WIND ENERGY CONVERSION SYSTEMS.
(a) Definitions. For purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Wind Energy Conversion System or WECS: An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
(2) Fall zone: An area defined as a distance of at least one hundred twenty-five percent (125%) of the total height of the total structure from any property line, occupied building, and public or private road or right-of-way.
(3) Property line: The boundary line of the area over which the entity applying for a conditional use permit has legal control for the purposes of installation of a Wind Energy Conversion System. This control may be attained by the applicant through fee title ownership, easement or other appropriate legal relationship.
(4) Rotor diameter: The diameter of the circle described by the moving rotor blades.
(5) Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS.
(6) Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment.
(7) Wind turbine: A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
(b) Wind Energy Conversion Systems shall be a conditional use only in the M-1 and M-2 Districts, and shall require a conditional use permit and must meet all of the requirements specified in this section. Wind Energy Conversion Systems shall not be allowed in any residential district.
(c) In addition to the other requirements specified in the chapter, the following requirements must be met in order to apply for a conditional use permit for wind turbines.
(1) The application for conditional use shall include a scale site drawing showing the proposed location of all facilities to be constructed, the dimensions of the property, proposed heights, and the distance to all buildings and property lines.
(2) All towers shall be sited so as to provide a safe Fall Zone.
(3) The outermost tip of each moving rotor blade shall be at least thirty feet from ground level while at the lowest point in its rotation.
(4) Noise levels shall be less than 60 dBA at the nearest property line, unless the property where the wind turbine is proposed abuts a residential district, in which case the maximum noise level shall be 50 dBA at any property line abutting a residential district.
(5) All permanent wind turbine towers shall be self-supporting. No guy wires will be allowed on permanent structures.
(6) All towers shall have security features designed to prevent unauthorized persons from climbing the structure.
(7) All electrical wires leading to or from a wind turbine shall be buried underground. All connections to transmission lines and/or substations shall be buried underground.
(8) A color scheme of the tower and turbine assembly shall be submitted to the Planning Commission and shall be subject to the approval by the Planning Commission.
(9) Wind Energy Conversion Systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(10) A shadow flicker study to determine any potential negative impact on surrounding properties shall be conducted prior to the Planning Commission hearing on the conditional use. The report shall be included in the conditional use application. The study shall be at the applicant’s expense, and shall be performed by a consultant approved by the Village Manager.
(11) A study to determine any possible interference with radio, television, or cellular telephone communication shall be conducted prior to a hearing on the application by the Planning Commission. The results shall be included in the conditional use application. The study shall be at the applicant’s expense, and shall be performed by consultant approved by the Village Manager.
(12) Any tower or structure associated with a WECS that remains unused for any reason for more than ninety days shall be dismantled and removed from the property no later than ninety days from the time use of the equipment has ceased. A plan for dismantling and removal of the equipment shall be included in the conditional use application.
(d) This section shall be reviewed annually by the Planning Commission to determine if any amendments should be recommended to Council.
(Ord. 2126. Passed 2-14-11.)
1173.22 SOLAR ENERGY CONVERSION SYSTEMS.
(a) Definitions. For purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Solar Energy Conversion System: A system consisting of photovoltaic cells and related accessories that is designed to convert solar energy into electrical energy, or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water, air or other residential or commercial use.
(b) Solar Energy Conversion System Requirements. Solar energy conversion systems shall be permitted in all zoning districts subject to the following provisions:
(1) Zoning Certificate Required. A Zoning Certificate shall be required prior to the installation of any solar energy conversion system.
(2) Ground-Mounted Systems. In residential districts, ground-mounted systems shall be located in the rear yard of the property, and shall not be located nearer to any lot lines than what is permitted for accessory uses in that district. In residential districts, ground-mounted systems shall be screened with landscaping. All ground-mounted systems shall comply with the yard and height restrictions for accessory buildings in the zoning district in which the systems are located.
(3) Roof-Mounted Systems. In residential districts, roof-mounted systems shall be located so that the solar panels do not extend beyond the edge of the roof so that the system is not visible from any street or sidewalk at the front of the property.
(4) Limitation. Solar energy conversion systems shall only generate energy for the main building and any accessory buildings located on the property. Solar energy conversion systems shall not generate energy for transmission to other properties.
(5) Glare. Solar energy conversion systems shall be located so that the glare from the solar panels is not directed at any other person’s building, or at any public street, public right-of-way or sidewalk.
(6) Solar Access. When locating a solar energy conversion system, it is the system owner’s responsibility to consider current and future development, growth of trees and vegetation, and other obstructions, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy conversion system from obtaining a solar access easement from any person.
(c) This section shall be reviewed annually by the Planning Commission to determine if any amendments should be recommended to Council.
(Ord. 2127. Passed 2-14-11.)
1173.23 TEMPORARY STORAGE CONTAINERS.
A temporary storage container (e.g., intermodal container, roll off dumpster, moving container) is not an accessory building and shall not be used as such. A temporary storage container may be placed in a residential district only for the length of time reasonably necessary to complete the project for which the temporary storage container is to be used. In no case shall the temporary storage container be placed in a residential district for longer than thirty consecutive days or forty days out of any sixty-day period. (Ord. 2129. Passed 2-14-11.)
1173.24 COIN MACHINES PROHIBITED IN CERTAIN RESIDENTIAL DISTRICTS.
Coin machines as defined in Section 545.01 are prohibited in R-1 and R-2 Districts. This section does not apply to any coin machine that is fully enclosed inside a primary or accessory building and is not open for use by the public.
(Ord. 2128. Passed 2-14-11.)
1173.25 MEDICAL MARIJUANA CULTIVATORS, PROCESSORS AND DISPENSARIES.
(a) Medical Marijuana Cultivators, Processors and Dispensaries, as those terms are defined in the applicable sections of the Ohio Administrative Code, are permitted only in zones M-1 and M-2 within the Village of Montpelier.
(b) The Zoning Inspector shall not issue a Zoning Certificate to any Medical Marijuana Cultivator, Processor or Dispensary unless the applicant provides proof that such applicant has complied with all applicable state law requirements.
(c) Medical Marijuana Cultivators, Processors and Dispensaries shall not be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground or public park.
(d) This section does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(Ord. 2232. Passed 5-14-18.)
1173.26 RECREATIONAL MARIJUANA CULTIVATORS, PROCESSORS, AND DISPENSARIES.
(a) Recreational Marijuana Cultivators, Processors, and Dispensaries, as those terms are defined in the applicable sections of the Ohio Administrative Code, are permitted only in zones M-1 and M-2 within the Village of Montpelier.
(b) The Zoning Inspector shall not issue a Zoning Certificate to any Recreational Marijuana Cultivator, Processor, or Dispensary unless the applicant provides proof that such applicant has complied with all applicable state law requirements.
(c) Recreational Marijuana Cultivators, Processors, and Dispensaries, shall not be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.
(d) This section does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(Ord. 2271. Passed 2-26-24.)
1175.01 SITE PLAN REVIEW.
(a) Statement of Purpose.
(1) The purpose of site plan review is to provide for consultation and cooperation between the land developer and the Municipality in order to accomplish the developer's objectives in harmony with the existing and prospective use and development of adjacent properties. It shall be the further purpose of this section to insure that each proposed development and its components, appearance, and function is in compliance with this Ordinance, other Municipal ordinances, and state and federal laws. These purposes apply to development of previously unimproved sites; to the redevelopment, expansion, contraction or alteration of existing sites; and to the alteration or replacement of existing uses.
(2) Further purposes of site plan approval shall include: privacy, efficiency for the public and local government servicing, preservation of the natural landscape, emergency access, effective drainage, vehicular and pedestrian safety and conveniences; prevention of air, water and noise pollution; and limitation of obnoxious odors, glare, and exposure to toxic substances and wastes.
(3) The site plan review procedures and standards in this section are intended to provide a consistent and uniform method of review of proposed development plans. Through the application of the following provisions, the attainment of the Plan will be assured, and the Municipality will develop in an orderly fashion.
(b) Approval by Commission Required.
(1) Site Plan Required. Submission of a site plan shall be required for any of the following:
A. Any development or use for which submission of a site plan is required by provisions of this Ordinance.
B. Any proposal to construct, move, relocate, convert or structurally alter a building, including accessory buildings. A structural alteration shall be defined as one that changes the location of the exterior walls and/or the area of the building. This shall include alterations to construct or relocate pedestrian entrances or windows.
C. Any proposal to change, replace with a different use, add or recommence a use on an existing site, including expansions in area, volume or intensity of an existing use.
D. All condominium developments, except condominium developments of fewer than three (3) units.
E. Any proposal to build, expand or decrease an off-street parking lot; or to resurface an off-street parking lot when construction includes resurfacing, drainage alterations, or addition or replacement of base or sub-grade.
F. Any other change in use or development that could affect compliance with the standards set forth in this Ordinance.
G. Any proposal to create, expand or alter a use or structure which involves using, storing, or generating hazardous substances.
(2) Site Plan Not Required. Submission of a site plan shall not be required in the following circumstances:
A. Single and two-family dwelling units on individual lots.
B. Residential and agricultural accessory buildings.
C. Nonresidential accessory buildings less than 600 square feet in area.
In addition, uses with approved site plans or existing buildings which propose a change constituting ten percent or less of the building floor area or ten percent or less of the required parking spaces may be reviewed, approved and administrated by the Manager or duly appointed Zoning Inspector.
(c) Application Submittal. Application for site plan review shall be made to the Municipality by filing of not less than ten (10) copies of an application form and detailed site plan with the office of the Zoning Inspector at least thirty (30) calendar days in advance of the regularly scheduled Commission meeting at which the plan is to be first considered. Fees are required to be paid within the fee schedule in effect as established by the Council at time application is made.
The Zoning Inspector shall examine the site plan to determine that it contains all the necessary information. If it is incomplete, it shall be returned to the applicant. If it is generally complete and appears to comply with this Ordinance, it shall be processed in accordance with this ordinance.
(1) Application Form. Each submittal for Site Plan Review shall be accompanied by a completed application form furnished by the Municipality and include the following information:
A. The applicant's name, address, and phone number.
B. The address and parcel number of the property.
C. A signed statement that the applicant is the owner of the property or has a legal financial interest in the property (i.e. purchase agreement).
D. The name and address of the owner(s) of record if the applicant is not the owner of record (or firm or corporation having a legal or equitable interest in the land), and the signature of the owner(s).
E. Project description, including the total project title, number of structures, units, bedrooms, offices, square feet, total and usable floor area, parking spaces, carports or garages, employees by shift, amount of recreation and open space, and other pertinent information.
F. The gross and net acreage of all lots or parcels in the project.
G. Existing zoning classification, land uses, and structures on the subject parcel.
H. Home and address of developer (if different from the applicant), engineer, architect and/or land surveyor.
I. Project completion schedule/development phases.
J. Written statements relative to project impacts on existing infrastructure (including traffic capacity of streets, schools, and existing utilities) and on the natural environment of the site and adjoining lands. Indication of whether any formal impact statements are required.
(2) Site Plan Information. Each submittal for site plan review shall be accompanied by a detailed site plan which shall consist of an accurate drawing, showing the entire site and all land within 150 feet of the site. The scale of the site plan shall be not less than 1 inch = 100 feet. If multiple sheets are used, each shall be labeled and the preparer identified. If there is an accurate site plan for the lot on file with the Municipality, the Zoning Inspector may waive the requirement for a site plan. The following information shall be included:
A. Name of development and general location sketch.
B. Name, address and phone number of owner(s), developer, and designer.
C. North arrow, scale, and date of original drawing and revisions.
D. The seal of one of the following professionals registered in the State: Registered Architect, Registered Civil Engineer, Registered Professional Engineer (PE), Registered Landscape Architect, Registered Land Surveyor. The architectural plans of the buildings shall be prepared by and bear the seal of a Registered Architect. A site plan for an alteration or addition to existing structures may be prepared by the builder or contractor.
E. A legal description and address of the property in question.
F. The area of the site in square feet and acres excluding all existing and proposed public rights-of-way.
G. The dimensions of all lots and subject properties, showing the relationship of the subject property to abutting properties, including lots across rights-of-way and easements. The boundaries of the subject property shall be clearly indicated on the site plan, differentiated from other contiguous property. If the parcel is a part of a larger parcel, boundaries of total land holding shall be indicated.
H. Existing topographic elevations at two foot intervals, including ground elevations of all existing buildings, drives and/or parking lots, and any adjacent unusual surface conditions. Indicate direction of drainage flow.
I. The location and elevations of existing water courses and water bodies, including county drains and man-made surface drainage ways, flood plains, and wetlands.
J. Location and type of significant existing vegetation, including location of all existing trees over five (5) inches in diameter.
K. Any significant site amenities and unique features.
L. Existing land uses and zoning classification of the subject parcels and adjacent parcels.
M. All required minimum setbacks from the existing or proposed right-of-way and from adjacent lots.
N. The location and dimensions (length, width, height) of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property.
O. The location and width of all existing public roads, rights-of- way or private easements of record, abutting streets, alleys, and driveway locations to abutting streets.
P. With residential proposals, a site summary indicating the number and location of one bedroom units, two bedroom units, etc., typical floor plans with the square feet on floor areas; density computation, recreation facilities, open spaces, street names, and lot coverage.
Q. With non-residential proposals, the number of offices, number of employees, the number of floors and typical floor plans and cross sections.
R. Proposed parking lots including layout and typical dimensions of parking spaces, number of spaces provided (including how computed per ordinance requirements) and type of surfacing.
S. Location of and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration and passing lanes (if any) serving the development.
T. Proposed traffic and pedestrian circulation patterns, both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any required pedestrian sidewalks. Designate loading and unloading areas, barrier free access, any fire lanes, and carports.
U. Proposed finish grade of buildings, driveways, walkways, and parking lots.
V. Proposed type of building materials, roof design, projections, canopies and overhangs, roof-located mechanical equipment, such as: air conditioning, heating units and transformers that will be visible from the exterior.
W. Proposed water service including any proposed tap ins, main extensions or extensions for adequate fire hydrant spacing, and/or considerations for extensions to loop other public water mains.
X. Proposed sanitary sewer facilities and location of all existing utilities, easements, vacations and the general placement of lines, manholes, tap ins, pump stations, and lift stations.
Y. Proposed storm water management plan including design of sewers, outlets (enclosed or open ditches), and retention or detention ponds. Completed storm water calculations and retention plan. The plan shall indicate location and status of any floor drains in structures on the site. The point of discharge for all drains and pipes should be specified on the site plan.
Z. Locations of existing and proposed fire hydrants with reasonable access thereto for fire fighting, police and other emergency equipment.
AA. Location of all other utilities on the site including but not limited to natural gas, electric, cable TV, telephone and steam.
BB. Soil erosion and sedimentation control measures.
CC. Detailed landscaping plan indicating location, types and sizes of material.
DD. All proposed screening and free standing architectural walls, including typical cross-sections and the height above ground on both sides.
EE. The dimensions and location of all signs, both wall signs and free-standing signs and of lighting structures and shielding.
FF. Location, size and specifications for screening of all trash receptacles and other solid waste disposal facilities.
GG. Location and specifications for any existing or proposed outdoor or below ground storage facilities as well as any screening or containment structures or clear zones required by government authorities.
HH. Easements for proposed public rights-of-way, utilities, access, shared access, and drainage.
II. Notation of any variances which have been or must be secured.
JJ. Notation of performance guarantees to be provided including amounts, types, and terms.
KK. Statement that applicant will comply with State, Local and Federal laws, as applicable to the site or intended use.
LL. Information and special data which may be critical to the adequate review of the proposed use and its impacts on the site or Municipality. Such data requirements may include traffic studies, market analysis, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services, impact on historical or cultural resources, displacement of people or other uses as a result of the proposed development, alterations of the character of the surrounding area, effect on the Municipality’s tax base and adjacent property values.
MM. Other data which the Municipality may reasonably deem necessary for adequate review.
NN. The site plan shall indicate size, location and description of any proposed interior or exterior areas or structures for storing, using, loading or unloading of hazardous substances. A listing of types and quantities of hazardous substances which will be used or stored on-site in quantities of hazardous substances which will be used or stored on-site in quantities greater than 100 kilograms or 25 gallons per month.
OO. Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of the cleanup.
(3) Phased Development. For developments that are of a scale to warrant phased development, the phasing of construction shall be indicated. A detailed site plan need be submitted only for that portion of the property for which a Zoning Permit will be applied for; a general site plan which clearly indicates the overall project intent may be submitted for the remainder of the site.
(4) Pre-application Conference. A pre-application conference may take place to review a generalized site plan presented by a prospective applicant for consideration of the overall idea of the development. The purpose of the conference is to discuss basic questions regarding use, density, integration with existing development in the area and impacts on and the availability of public infrastructure. Also, the applicant may be presented with the applicable procedures required by the Ordinance for approval of the proposed development and with any special problems or steps that might have to be followed, such as requests to the Board of Zoning Appeals for a variance. The conference may be scheduled by a prospective applicant with the Zoning Inspector and such other Municipal representatives, as appropriate, including one member of the Commission.
(d) Criteria for Granting Site Plan Approval. Each site plan shall conform to all applicable provisions of this Ordinance. The following criteria shall be used by the Commission as a basis upon which site plans will be reviewed and approved. The Municipality shall adhere to sound planning principles, yet may allow for design flexibility in the administration of the following standards:
(1) All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use. The site shall be developed so as not to impede the reasonable and orderly development or improvement of surrounding properties for uses permitted on such property.
(2) The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements as set forth in this Ordinance.
(3) The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.
(4) The site plan shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users. Where landscaping is provided, there must be provision for maintaining all plantings through a regular program of fertilizing, irrigating, pruning, mowing and replacing all dead and diseased materials.
(5) All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
(6) There shall be a pedestrian circulation system that is insulated as completely as possible from the vehicular circulation system. In order to insure public safety, pedestrian underpasses or overpasses may be required in the vicinity of schools, playgrounds, local shopping facilities, and other uses that generate considerable amounts of pedestrian movement.
(7) All streets shall be developed in accordance with the Subdivision Regulations and specifications. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. Streets and drives that are a part of an existing or planned street system serving adjacent developments shall be of an appropriate width to the volume of traffic they are planned to carry and shall have a dedicated right-of-way equal to that specified in a Municipality recognized source of reference. The applicant may be required to dedicate adequate land and improvements to the Municipality in order to achieve access which is safe and convenient.
(8) Special attention shall be given to proper site drainage. Appropriate measures shall be taken to insure that the removal of surface waters will not adversely affect adjacent lots or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of storm-water facilities, and the prevention of erosion and dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles or pedestrian traffic and will not create nuisance ponding in paved areas. Where possible and practical, drainage design shall recognize existing natural drainage patterns. Final grades may be required to conform to existing or future grades of adjacent properties.
(9) All off-street parking, loading and unloading areas and outside storage areas, including areas for storage of trash, that face or are visible from adjacent residential districts or public thoroughfares, shall be screened by walls or landscaping of effective height.
(10) Exterior lighting shall be so arranged and limited in intensity and height so that it is deflected away from adjacent lots and so that it does not impede vision of drivers along adjacent streets.
(11) Adequate services and utilities including sanitary sewers, and improvements shall be available or provided, located and constructed with sufficient capacity and durability to properly serve the development.
(12) Any use permitted in any zoning district must comply with all applicable requirements of state, local, and federal statutes including health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, gases, electromagnetic radiation and drifting and airborne matter, toxic and hazardous materials, erosion control, flood plains, wetlands, and requirements of the Fire Chief or State Fire Marshall. Site plan approval may be conditioned on the applicant receiving necessary state and federal permits before final site plan approval or an occupancy permit is granted.
(13) An objective of site plan review shall be to protect and to promote public health, safety and general welfare by requiring the screening, buffering and landscaping of sites and parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve underground water reservoirs and return precipitation to the ground water strata; to act as a natural drainage system and solve storm water drainage problems; to reduce the level of carbon dioxide and return oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values; to relieve the stark character of parking lots; to conserve energy, provide visual and sound privacy and to otherwise facilitate the preservation and creation of a healthful, convenient, attractive and harmonious community.
(14) It is an objective of site plan review to improve the quality of existing developments as they are expanded, contracted, redeveloped or changed in keeping with sound site development standards of the Municipality and with the Plan.
(15) A major objective shall be to retain, enhance and protect the quality, value and privacy of single family land uses.
(16) All development phases shall be designed in logical sequence to insure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon improvements of a subsequent development potential of lands.
(17) All sites shall be designed to comply with State and local barrier- free requirements and to reasonably accommodate the handicapped and elderly.
(e) Review and Approval. Site Plans shall be reviewed in accordance with the following procedures:
(1) Department Review. The Zoning Inspector shall secure comments from the Police and Fire Departments, the Utility and Street Departments, and the Engineer, and forward all comments to the Commission for its review. The Commission shall review the plans and may solicit further comments from the Engineer, Planning Consultant and other municipal, county or state agencies, groups or persons, as appropriate.
(2) Site Plan Approval. The Commission is hereby authorized to review and approve, with or without conditions or to review and deny approval, all site plans submitted under this ordinance. Guidelines for consideration of each case shall follow the zoning ordinance and other applicable ordinances. When the Commission approves a site plan with conditions from the applicant, the Zoning Inspector shall require a revised site plan with a revision date, indicating said conditions on the site plan.
(3) Record of Action. Each action taken with reference to site plan review and approval shall be duly recorded in minutes of the Commission.
(4) Final Site Plan. When a site plan approval is required, no Zoning Permit shall be issued until three copies of a final site plan, which includes all conditions of approval, a revision date and notation of all variances has been signed by the Commission, the Zoning Inspector or their designees. Prior to issuance of a permit, one copy of the final signed plan shall be filed with each of the following: Village Clerk, Zoning Inspector and the Applicant.
(f) Issuance of Zoning Permit. Complete construction plans including component phases, shall be submitted for review by the Zoning Inspector and, as applicable, the Village Engineer. Upon review and finding that the construction plans meet with the requirements of site plan approval and other applicable ordinances of the Municipality, the Zoning Inspector shall issue a Zoning Permit for said construction.
Site plan approval hereunder shall be valid for one year from the date of approval. If an applicant does not obtain a Zoning Permit within one year after site plan approval, the site plan approval expires and is of no force or effect, unless extended by the Commission. Revocation of an approved site plan may be communicated in writing by first class mail to the property owner or applicant. Failure of the Municipality to notify the applicant of the expiration of the approved site plan shall not constitute an implied permission or approval of the existing site plan nor shall it relieve the applicant from the requirement to submit a new site plan prior to construction.
(g) Conformity to Approved Site Plan Required. Following Approval of a site plan by the Commission, the applicant shall construct the site plan improvements in complete conformity with the approved plan. Failure to do so is a violation of this Ordinance and subject to the sanctions outlined herein.
Upon completion of the installation of required improvements as shown on the approved site plan, the property owner shall submit to the Zoning Inspector two copies of an "as built" site plan, certified by an engineer or architect, at least one week prior to the anticipated occupancy of any building. A Certificate of Occupancy shall be withheld by the Zoning Inspector in any case where the site plan and major conditions as approved by the Commission have not been complied with. Any minor variations may be approved by the Zoning Inspector, and shall be reported within 30 days to the Commission after the issuance of Certificate of Occupancy.
(Ord. 1166. Passed 9-24-01.)
1177.01 CONDITIONAL LAND USE REVIEW.
A Conditional Land Use is one that is specifically permitted under this Ordinance provided that the landowner meets the requirements of Ordinance and obtains a permit from the Planning Commission. Due to the significant impact that a Conditional Land Use might have, an application and administrative hearing are required in order to obtain a permit under this Chapter. All applications for Conditional Land Use Permits shall be subject to the requirements of this Chapter.
The Commission shall have the following specific powers and duties concerning conditional use approvals.
(a) Statement of Intent. The procedures and standards in this Section are intended to provide a consistent and uniform method for review of proposed plans for Conditional Land Uses.
(1) In hearing and deciding upon special approvals, the Commission shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the municipality into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
(2) Proposed uses will be evaluated according to their compatibility with the nature, extent and density of the surrounding area. A conditional use permit use should be consistent with the Plan and with the intent of the zoning district in which it is located.
(3) Conditional permit uses may be permitted only in those zoning districts where they are designated by this Ordinance. They may be permitted only when specifically approved by the Commission in accordance with the provisions of this Ordinance.
(4) Prior to approval of a conditional use permit, the Commission shall insure that the procedures and standards specified in this Chapter, as well as the standards established elsewhere in this Ordinance shall be satisfied.
(b) Application. The application for Conditional Land Use review shall be made on the forms and according to the guidelines provided by the Zoning Inspector. Each application shall be accompanied by the following:
(1) The section of this Ordinance under which the Conditional Land Use is sought.
(2) A detailed site plan which shall include all the information required by this Ordinance in Chapter 1175.
(3) A description of the proposed use of the property.
(4) Other information which the Commission may reasonably deem necessary for adequate review.
(5) The application shall be submitted by the owner of an interest in land for which Conditional Land Use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled due to lack of representation.
(6) The application for conditional land use permit must be accompanied by a fee as set by Council.
(c) Notice of Public Hearing. Upon receipt of a complete application, site plan, and attachments, if any, the Municipality shall schedule a public hearing on the request. No more than fifteen (15) days and not less than five (5) days prior to the date of the public hearing, a notice shall be published in a newspaper that circulates in the general area; and such notice shall be sent by regular "first class" mail to the owners of property for which approval is being considered, to all persons to whom real property is assessed within one hundred (100) feet contiguous of the boundary of the property in question, and to occupants of all structures within one hundred (100) feet of the property boundary. The notice shall contain:
(1) A description of the nature of the Conditional Land Use request under the specific section of this Ordinance.
(2) A legal description or address and/or an approximate sketch of the property which is the subject of the request.
(3) A statement of when and where the public hearing will be held to consider the request.
(4) A statement as to when and where comments will be received concerning the request.
(d) Planning Commission Determination. Following the public hearing, the Commission shall review the application for the Conditional Land Use proposal, together with the public hearing findings and reports and any recommendations of the Zoning Inspector, the Police and Fire Department, the Engineer, and other reviewing agencies. The Commission is authorized to deny, approve, or approve with conditions, requests for Conditional Land Use approval. Such decision shall include the standards relied upon, finding of fact, conclusions, approval or denial, and conditions, if any, attached to approval.
Performance guarantees may be required by the Commission, in accordance with Section 1177.02, to insure compliance with conditional approval conditions.
(e) Standards for Granting Conditional Use Approval. Approval of a Conditional Land Use proposal shall be based on the determination that the proposed use will comply with all requirements of this ordinance, including site plan review criteria set forth in Chapter 1175. In addition, the following standards shall be met:
(1) The location, scale, and intensity of the proposed use shall be compatible with adjacent uses and zoning of land.
(2) The proposed use shall promote the use of land in a socially and economically desirable manner. The proposed use shall not adversely impact the social and economic well-being of those who will use the proposed land use or activity; residents, businesses, and landowners immediately adjacent; or the Municipality as a whole.
(3) The proposed Conditional Land Use shall be compatible with and in accordance with the general principles and future land use configuration of the Plan and shall promote the intent and purpose of this Ordinance.
(4) The Commission shall find that a need for the proposed use exists in the community at the time the Conditional Land Use application is considered.
(5) The proposed use shall be designed, constructed, operated and maintained so as to assure long-term compatibility with surrounding land uses. Consideration shall be given to:
A. The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.
B. The location and screening of vehicular circulation and parking areas in relation to surrounding development.
C. The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping.
D. The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
E. The hours of operation of the proposed use. Approval of a Conditional Land Use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(6) The location of the proposed Conditional Land Use within the zoning district shall minimize the impact of the traffic generated by the proposed use. Consideration shall be given to the following:
A. Proximity and access to major thoroughfares.
B. Estimated traffic generated by the proposed use.
C. Proximity and relation to intersections.
D. Location of and access to off-street parking.
E. Required vehicular turning movements.
F. Provision for pedestrian traffic.
(7) The proposed Conditional Land Use shall be consistent with existing and future capabilities of public services, utilities and facilities affected by the proposed use.
(8) The proposed use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental to public health, safety, and welfare. Site layout shall be such that operations will not be objectionable to nearby dwellings by reason of noise, fumes, glare or flashing lights.
(9) The location of the proposed Conditional Land Use shall not result in a small residential area being substantially surrounded by non-residential development, nor shall the location of the proposed Conditional Land Use result in a small non-residential area being substantially surrounded by incompatible uses.
(10) The proposed use shall be compatible with the natural environment and conserve natural resources and energy.
(f) Recording of Commission Action. Each action taken with reference to a Conditional Land Use proposal shall be duly recorded in the minutes of the Commission. The minutes shall record the findings of fact relative to each Conditional Land Use proposal, the grounds for action taken, and any conditions imposed in conjunction with approval. All records of proceedings shall be kept on file and made available to the public.
(g) Effective Duration of Conditional Use Approval. Conditional use approvals may run with the land or owner/operator and shall not be issued for specified periods, unless the use is clearly temporary or time-related in nature.
(h) Amendments to Conditional Land Uses. When an application is received to expand or change the use, traffic pattern, or other elements of a Conditional Land Use, the application shall be subject to the same procedures followed for an original special approval of land use.
However, minor changes in the location, site or character of the building and structures may be authorized by the Zoning Inspector, if required by the Engineer or if other required circumstances occur unforeseen at the time the special use permit or final development plan was approved. No changes so authorized may cause a change in the use, character, or intent of the development. Any changes which are approved must be made and recorded in accordance with the procedures established for the recording of the initial special use permit or final development plan, and as otherwise specified in this ordinance.
(i) Revocation of Conditional Land Use Approval. Approval of a Conditional Land Use proposal and site plan may be revoked by the Commission if construction is not in conformance with the approved plans, where the authorized development has essentially changed in nature, extent or character, and where construction has not commenced within one year from the date of issuance. In such a case, the Zoning Inspector shall place the Conditional Land Use on the agenda of the Commission for consideration, and give written notice to the applicant at least five (5) days prior to the meeting. The applicant shall be given the opportunity to present information to the Commission and answer questions. The Commission may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.
(Ord. 2164. Passed 3-17-14.)
1177.02 PERFORMANCE GUARANTEES.
(a) Purpose. To insure compliance with the provisions of this Ordinance and any conditions imposed thereunder, the Commission may require that a performance guarantee be deposited with the Municipality to insure the faithful completion of improvements. Improvements for which the Municipality may require a performance guarantee include, but are not limited to, landscaping, berms, walls, lighting, surfacing of drives, parking, and acceleration/deceleration lanes, traffic control devices, sewer or water line expansion, storm water retention areas and land reclamation activities.
(b) Scope of Requirement. The performance guarantee can apply only to those specific features and actions which the Commission considers necessary to protect natural resources or the health, safety, or welfare of residents, project users, or the general public. A performance guarantee may not be required for the entire project. The guarantee is limited to those project components specifically designated by the Commission.
(c) General Requirements. A performance guarantee may be required by the Commission on the applicable portion(s) of a site plan under any of the following circumstances:
(1) To meet the costs of improvements required to be made by the applicant to public facilities owned by the Municipality as a condition of site plan approval.
(2) To ensure the completion of the common elements of site plan affecting two or more parties.
(3) To ensure the completion of those portions of a site plan which will not be completed by the applicant prior to a request for occupancy.
The Commission may require a performance guarantee on any other specific improvement when determined by resolution that the guarantee is necessary to protect the natural resources of the Municipality or the health, safety, or welfare of residents, project users, or the general public.
(d) General Conditions:
(1) The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. No building permit or related Municipality permit shall be issued unless the Zoning Inspector is satisfied that the guarantee is in full compliance with this Chapter.
(2) The performance guarantee shall be in the form of:
A. A cash deposit or deposit by certified check drawn on a bank authorized to do business in the State, or
B. An irrevocable letter of credit issued on behalf of the Municipality by a bank authorized to do business in the State, or
C. A surety bond in a form and manner acceptable to the Municipal Attorney. The costs of the review of a surety bond by the Municipal Attorney shall be paid by the applicant as part of the issuance of a permit.
(3) The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements associated with a project for which site plan approval or zoning variance has been obtained. Accordingly, the applicant shall provide an itemized listing of estimated costs and a proposed time schedule to complete all of the improvements determined to require a performance guarantee. The Zoning Inspector shall review the submitted costs for reasonableness and shall determine an accurate amount for the performance guarantee. In determining the amount, the Zoning Inspector may consider signed contracts or sub-contracts supplied by the applicant or the Zoning Inspector may secure or require that the applicant secure a sealed statement from a licensed architect or engineer verifying the estimates.
(4) Cash funds or a certified check made payable to the Municipality shall be deposited by the Municipality into a non-interest bearing account in a financial institution with which the Municipality regularly conducts business.
(5) In the case of a guarantee exceeding two thousand dollars ($2000), and by request of the applicant, the guarantee may be released to the applicant in an amount proportional to the work completed on various elements, provided that a minimum of ten percent (10%) shall be retained on each element until the satisfactory completion of the entire project. The amount of work completed shall be based upon an inspection and determination by the Zoning Inspector.
(6) An amount not to exceed the actual cost of the installation of landscape materials may be retained by the Municipality for at least one (1) year following the installation of said materials to insure proper maintenance and, if necessary, replacement. This amount shall be released to the applicant upon certification by the Zoning Inspector that all landscape materials are being maintained in good condition.
(7) Prior to the acceptance of a public improvement by the Municipality and upon the recommendation of the Engineer, the Zoning Inspector may require a maintenance bond for the public improvement in an amount not to exceed thirty-five (35) percent of the total cost of the improvement and to remain in effect for a period not to exceed three (3) years.
(8) The unexpended balance of a performance guarantee, including interest accrued, shall be returned to the applicant following inspections by the appropriate officials and a positive determination by the Zoning Inspector that the required improvements have been satisfactorily completed and that all other requirements of this Chapter are met.
(e) Unsatisfactory Completion of Improvements. When required improvements are not installed or maintained within the time stipulated or are not completed in accordance with the standards set forth within this Ordinance or as agreed upon between the applicant and the Commission the Zoning Inspector may order the improvements completed by the County or by an independent contractor, or may order that the site be returned to its original condition.
(1) The Zoning Inspector shall order the completion of the improvements and so notify the applicant by certified mail at least fourteen (14) calendar days prior to the undertaking of completion. During this time period, the applicant may seek an order from a court of competent jurisdiction to prevent the action by the Municipality.
(2) All costs incurred by the Municipality for the completion of the improvements or the restoration of the site, including direct administrative costs, shall be assessed against the performance guarantee including any interest accrued on any funds deposited in escrow.
(f) Subdivision Improvements. This Chapter shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited with the Municipality by the applicant pursuant to Section 1177.02.
(Ord. 1166. Passed 9-24-01.)
1179.01 INTENT.
(a) The intent of this Chapter is to provide through the use of the Planned Unit Development (PUD) concept, an added degree of flexibility in the density, placement, bulk, and interrelation of buildings and uses within the various Residential Districts (Chapter 1153) of this Ordinance.
(b) Further, the intent is to encourage implementation of new design concepts so as to encourage a more efficient and innovative use of land, public services, and the preservation of natural features through the use of a unified, flexible planning approach, while at the same time maintaining adequate amounts of light, air, access, and required open space and facilitating the economical provisions of public services and utilities. To further this intent, the respective district regulations may be amended or waived by the Commission, as part of a PUD, as provided for in this Ordinance. The general boundaries of any PUD approved by the Commission shall be indicated on the Official Zoning Map for reference. (Ord. 1166. Passed 9-24-01.)
1179.02 QUALIFYING CONDITIONS.
The following provisions shall apply to all planned unit developments:
(a) The planned unit development site shall be under the control of one (1) owner or group of owners and shall be capable of being planned and developed as one (1) integral unit.
(b) A PUD zoning classification may only be approved in conjunction with either an approved overall PUD concept plan or an approved PUD development plan.
(c) A PUD zoning classification shall function as an overlay zoning district, with the underlying zoning districts and their associated standards in effect unless otherwise amended or waived in the PUD approval process.
(d) An area proposed for a planned unit development (PUD) shall consist of an area not less than five (5) acres in size, being a single parcel of land or two (2) or more parcels of land separated only be a road or street, except that a parcel of land completely bounded on all sides by a public street, railroad, or other external barriers may be considered for a PUD, regardless of the size.
(Ord. 1166. Passed 9-24-01.)
1179.03 APPLICATIONS FOR APPROVAL.
The application process for a PUD involves a two-step process including a pre-application conference and final site plan review by the Commission. The Commission may also approve a preliminary PUD concept plan for those projects having multiple phases. The following procedure shall be followed when applying for PUD approval:
(a) Pre-application Conference. Before submitting an application for approval of a PUD, the applicant shall confer in a pre-application conference with the Manager, the Zoning Administrator, and any other Municipal staff or consultants retained by the Municipality that may have an interest in the proposal with the intent being to obtain information and guidance regarding land development regulations, the Comprehensive Plan, and the application and review process. At the pre-application conference, the applicant shall submit a preliminary sketch plan for the proposed PUD, containing both maps and a written statement. All maps shall show enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed. The maps which are part of the preliminary sketch plan may be in general schematic form, but must contain enough information to obtain feedback from Municipal officials and consultants.
(b) Preliminary Sketch Plan Review Upon review by Village staff and after having conducted a preliminary conference, the applicant shall submit the preliminary sketch plan of the proposed PUD for initial review and discussion to the Village Planning Commission. The preliminary sketch plan review will provide the applicant the opportunity to present the project and conceptual plan with any associated maps for preliminary approval. The Planning Commission, upon review, may approve, deny, or approve with conditions the preliminary development. This evaluation shall provide the basis by which the applicant will prepare the final development plan in accordance with the requirements of this Chapter.
(c) Commission Review of Final PUD. Upon completion of the pre-application conference and preliminary review stages, a final PUD application meeting the submission requirements of this Chapter and incorporating the preliminary sketch plan, shall be submitted to the Commission for its review. A public hearing on the final PUD shall be held by the Commission, with notification of the hearing date published in a newspaper which circulates in the Municipality and sent by regular mail, at least ten (10) days prior to the scheduled hearing, and to property owners adjacent to and across any rights-of-way from the proposed PUD.
After the public hearing, the Commission shall make a decision of approval, approval with modifications, or disapproval of the PUD, as represented by the final PUD plan and accompanying materials. The Commission shall prepare a report stating its conclusions on the PUD request, the basis for its action, the action, and any conditions relating to an approval.
(d) Final PUD Site Plan Submittal Requirements. The final PUD site plan shall include all of the following information, unless the Zoning Administrator determines that some of the required information is not reasonably necessary for the consideration of the PUD.
(1) Application form and required fee.
(2) A narrative indicating the period of time within which the project will be completed.
(3) Building footprints, setbacks, floor plans, and elevations showing height and materials for all proposed structures; typical layout for condominium projects.
(4) Proposed locations of utility services (with sizes), noting which will remain and which are to be removed, including storm drainage, sanitary/storm sewer, fire hydrants, and any public or private easements.
(5) General description and location of stormwater management system including pre- and post-site development run-off calculations used for determination of stormwater management.
(6) A landscape plan indicating proposed plant locations with common plant names, number, and size at installation. Berms, retaining walls, or fences, shall be shown with elevations from the surrounding average grade.
(7) A site grading plan with existing and proposed topography at a minimum of two (2) foot contour intervals and with topography extending a minimum of fifty (50) feet beyond the site in all directions and further where required to indicate stormwater run-off into an approved drain or detention/retention pond.
(8) Location of significant natural, historical, and architectural features, that will be designated to remain, an/or location and acreage of areas not to be disturbed; noting protection methods such as a fence, barrier, or police line installed prior to site preparation.
(9) Location and method of screening for all refuse storage stations/receptacles.
(10) Location and dimension of parking spaces, loading/unloading areas and calculations.
(11) Details of exterior lighting including locations, height, and method of shielding.
(12) Locations of all signs, including:
A. Location, type, height, and method of lighting for identification signs.
B. Location and type of any directional or regulatory/traffic signs with details for any sign not conforming to applicable State standards.
(13) Details of site circulation and access design, including:
A. Indication of street pavement widths and pavement type;
B. Street horizontal and vertical dimensions, including curve radii;
C. Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street;
D. Identification of width and material to be used for pedestrian paths.
(14) Written verification of access easements or agreements, if applicable.
(15) A note on each plan sheet stating “Not to be used for construction”.
(16) Any additional graphics or written materials requested by the Commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public primary and secondary schools and utilities; traffic impact; impact on the significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.
(e) Standards for Approval of Final PUD Plan. Based upon the following standards, the Commission may deny, approve, or approve with conditions, the proposed planned unit development:
(1) The Commission shall use the standards for approval of Chapters 1175 “Site Plan Requirements”, Chapter 1169 “General Development Standards”, Chapter 1183 “Landscaping Standards”, Chapter 1185 “Parking & Loading” requirements in revising the final PUD development plan. The Commission may also use the standards for approval of Chapter 1177 “Conditional Use Requirements”, should such standards be deemed necessary by the Commission.
(2) The applicant must demonstrate in writing that the proposed PUD:
A. Includes any areas indicated in the Comprehensive Plan as having significant natural, historical, or architectural features.
B. Will provide a complimentary mixture of uses or housing types or clustering of units to preserve common open space, in a design not possible under the underlying zoning district dimensional regulations; and/or,
C. Will achieve a higher quality development than is otherwise possible with the regulations for the underlying zoning district.
(3) The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.
(4) The number and dimensions of off-street parking shall be sufficient to meet the minimum number required by this Ordinance. However, where warranted by overlapping or shared parking arrangements, the Commission may reduce the required number of parking spaces.
(5) All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of this Ordinance and any other applicable Municipal Ordinance, unless modified by the Commission.
(6) Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property and provide not less than that required in Chapter 1183 “Landscaping Standards.”
(7) Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land.
(8) Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.
(9) Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided.
(10) Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.
(11) The uses proposed shall be consistent with the Comprehensive Plan or an approved overall PUD concept plan.
(12) Sidewalks shall be provided where appropriate.
The Commission shall prepare a report stating its conclusion on the PUD request, the basis for its decision, the decision, and any conditions relating to an affirmative decision.
(f) Status of Commission Approval.
(1) Approval of a PUD application by the Commission confers on the applicant and any subsequent powers of the PUD property, the right to utilize the property included as part of the approved PUD in accordance with the overall density, dwelling unit mix, and final plan of the approved PUD. However, for the total PUD or for each portion of the PUD, if phasing of the development is planned, a site plan review is required for each phase in accordance with Chapter 1175 “Site Plan Requirements”. The approved site plan shall take precedence over the approved PUD preliminary concept plan for the area of the approved site plan.
(2) The Commission may cause to have legal documents, covenants, or contracts prepared and may require the execution thereof by the applicant, which documents involve the Municipality and are required as a result of the conditions contained in the PUD or the site plan approvals in a PUD area.
(3) The Zoning Administrator shall inspect the development at each stage to ensure reasonable compliance with the conditions of the approved PUD or approved site plans, as applicable.
(g) Revocation or Changes. The Commission, may revoke a PUD or any portion thereof in instances where substantial construction activity has not been ongoing anywhere within the PUD within a two (2) year period. Revocation of any portion of a PUD reverts that portion of the PUD to the status and requirements of the underlying zoning district, without benefit of the PUD provisions. Proposed changes in the PUD, other than those considered a part of the site plan review for all or portions of the PUD, must be processed in the same manner as the original PUD procedure. (Ord. 1166. Passed 9-24-01.)
1179.04 DEVELOPMENT REQUIREMENTS.
(a) Residential Development. The following regulations and standards shall apply to any proposed residential planned unit development (PUD) and shall be incorporated into any proposed preliminary sketch plan and/or final PUD plan:
(1) Overall PUD Density. The total number of dwelling units shall not exceed a density of one-hundred-twenty percent (120%) of that otherwise permitted in the underlying zoning district, exclusive of the following:
A. Those areas deemed undevelopable, as determined by the Commission;
B. Existing or proposed rights of way of any major streets, as indicated in the Comprehensive Plan; and,
C. Those areas to be dedicated for public use or private use and not primarily intended for residents of the PUD, except that public streets, other than as set forth in subparagraph (a)(1)B. hereof, and public parkland donated to and accepted by the Municipality are allowable areas for calculations of dwelling unit density.
(2) Densities per Type of Development Area. For areas of detached single family housing, the density, lot size, and other developmental provisions of the Agricultural, Low Density Residential District, or the Medium Density Residential shall apply; for areas other than detached single family housing, the density, lot sizes, and other developmental provisions of the R3 district shall apply; for areas mixing detached single family housing and other types of housing, appropriate density, lot sizes, and development provisions shall be determined by the Commission, considering the requirements of such districts. However, the overall density of the PUD shall not exceed that specified in subparagraph (a)(1) hereof.
(3) Dwelling Unit Mix. At least fifty percent (50%) of the total dwelling units shall be in detached single family housing.
(4) Open Space and Recreation Areas. At least twenty-five percent (25%) of the total PUD acreage shall be in open space or recreation area. However, undevelopable areas, as determined in subparagraph (1)A. hereof, may not be counted as part of the minimum open space or recreation requirement. No individual area intended to satisfy the requirements of this subsection shall be less than one (1) acre in size.
Any portion of a PUD proposal for site plan review must include at least twenty-five percent (25%) of its acreage in open space or recreation area, except in instances where previously approved site plans within the PUD include sufficient acreage in excess of the twenty-five percent (25%) requirement to satisfy the deficiencies of the proposed site plan, provided that the Commission is satisfied that the use of the open space or recreation area is available to affected parties. (Ord. 1166. Passed 9-24-01.)
1181.01 SITE CONDOMINIUM DEVELOPMENTS.
The intent of this section is to permit the development of single-family detached dwellings by site planning the layout of individual dwellings, streets and open space. To accomplish development under this option, the following conditions shall apply: In the one-family residential districts, the site planning of individual single-family dwellings may be permitted after a review of a site plan by the planning commission. The planning commission in making its review shall find that the following minimum standards are fully met:
(a) The maximum number of individual single family dwellings per acre, throughout the entire site, shall not exceed the dwelling unit density level of the zoning district of the site.
(b) An area equal to the minimum land area requirement of the district shall be provided for each dwelling unit, including the building envelope.
(c) Setbacks shall be provided for each building envelope equal to the minimum setback requirements of the district as set forth below:
(1) Front setback shall be measured from the street right-of-way, or from the similar line of a private street easement, to the front of the building envelope.
(2) Side setback shall be measured from building envelop to building envelope and shall be at least equal to the total minimum side yard setback requirement of the district between two single family detached dwellings.
(3) Rear setback shall be measured from the rear line of the building envelope to the rear property line or the nearest common open space.
(d) All streets shall be built to public street standards and may be dedicated to the village as public streets or remain as private streets.
(e) All streets, utilities, and improvements required for subdivisions shall be installed to applicable village standards
(f) The condominium subdivision plan shall include all necessary easements granted to the village for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits and other installations of similar character for the purpose of providing public utilities, including conveyance of sewage, water and stormwater run-off across, through and under the property subject to the easement, and excavating and refilling ditches and trenches necessary for the location of the structure.
(g) The maximum number of stories and building height restrictions of the district shall be met as shall the minimum floor area requirements of any district.
(Ord. 1166. Passed 9-24-01.)
1183.01 INTENT.
(a) The intent of this Chapter is to establish minimum standards for the design, installation, and maintenance of landscaping along public streets, as buffer areas between uses, on the interior of sites, within parking lots, and adjacent to buildings. Landscaping is viewed as a critical element contributing to the aesthetics, development quality, stability of property values, and the overall character in the Municipality.
(b) The standards of this Chapter are also intended to preserve quality mature trees, screen headlights to reduce glare, integrate various elements of a site, help ensure compatibility between land uses, assist in directing safe and efficient traffic flows at driveways and within parking areas, and minimize negative impacts of stormwater runoff.
(c) The landscape standards of this Chapter are considered the minimum necessary to achieve the intent. In several instances, the standards are intentionally flexible to encourage creative design. Applicants are encouraged to provide additional landscaping to improve the function, appearance, and value of their property. (Ord. 1166. Passed 9-24-01.)
1183.02 REQUIREMENTS AND TIMING OF LANDSCAPING.
(a) Plan Required. Landscaping shall be included with all non-residential (commercial, office, and industrial), multiple family (three or more units) developments, and manufactured housing park development plan applications reviewed by the Municipality. A separate landscaping plan shall be submitted at a minimum scale of one (1) inch equals fifty (50) feet. The landscape plan shall clearly describe the location, type, size, and spacing of all plant materials. It shall also include planting details and specifications, clearly describing planting technique, material installation, planting mixtures, mulch, material depth, seed blends, and other necessary information.
(b) Installation and Inspection.
(1) Wherever this Ordinance requires landscaping or plant materials, it shall be planted within six (6) months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials which may be supplemented with other plantings. The Commission may require a performance guarantee in a form acceptable to the Municipality, to cover the costs of landscaping prior to the issuance of a certificate of occupancy.
(2) Landscaping shall be installed in a sound manner according to generally accepted planting procedures with the quality of plant materials as hereinafter described and shall be protected from vehicular encroachment and snow removal operations.
(3) In the event a performance guarantee is being held, the Zoning Inspector will within three (3) months of receiving written notification of installation, conduct an inspection to verify said installation and authorize release of the guarantee.
(c) Plant Material Standards. It is the intent of this Chapter that a diverse mixture of plantings be provided. Therefore, all required landscaping shall comply with the following minimum plant material standards, unless otherwise specified within this Chapter. These standards may be varied by the Commission where the established minimums, in the judgement of the Commission, will not serve the purpose and intent of this Chapter.
(1) Plant Quality. Plant materials permitted in required landscaped areas shall be hardy to the climate of the Municipality, long-lived, resistant to disease and insect attack, and shall have orderly growth characteristics.
(2) Plant Size Specifications.
A. Trees. Required trees shall be of the following sizes at the time of planting, unless otherwise stated in this Chapter.
1. Deciduous Trees. Two and a half (2 1/2) inch caliper minimum trunk measurement at four (4) feet off the ground, with a minimum eight (8) feet in height above grade when planted.
2. Evergreen Trees. Six (6) feet in height, with a minimum spread of three (3) feet and the size of the burlapped root ball shall be at least ten (10) times the caliper of the tree measured six (6) inches above the grade.
3. Deciduous Ornamental Trees. One (1) inch caliper minimum at three (3) feet off the ground, with a minimum height of six (6) feet above grade when planted.
B. Shrubs. Minimum twenty-four (24) inches in height above planting grade.
C. Hedges. Planted in such a manner as to form a continuous unbroken visual screen within two (2) years after planting.
D. Vines. Minimum of thirty (30) inches in length after one (1) growing season.
E. Ground Cover. Planted in such a manner as to present a finished appearance and reasonably complete coverage after one (1) complete growing season.
F. Grass. Planted in species normally grown as permanent lawns in the N.W. Ohio area. Grass may be plugged, sprigged, seeded, or sodded, except that rolled sod, erosion reducing net, or other suitable mulch shall be used in swales or other areas subject to erosion. Grass, sod, and seed shall be clean and free of weeds, noxious pests, and disease.
G. Mulch Material. Minimum of four (4) inches deep for planted trees, shrubs, and vines, and shall be installed in a manner as to present a finished appearance.
H. Non-living materials. No plant materials used to satisfy these standards shall be comprised of non-living materials, such as plastic plants.
I. Ground cover. Ground covers shall be planted in such a manner so as to present a finished appearance and reasonably complete coverage after one complete growing season, at a rate of at least three plants per square foot.
J. All plant materials shall be well-formed, sound, vigorous, healthy and free from disease, sun scald, wind burn, abrasion, and harmful insects at the time of planting.
K. The following plant materials are not permitted for planting (in a public right-of-way or as required by the minimum landscaping standards of this Ordinance) due to their tendency and susceptibility to storm damage, their roots are known to clog drains and sewers, they are known to be susceptible to disease or insect pests, or other undesirable characteristics: Silver Maple, Box Elder, Honey Locust (thorned), Ginko (female), Mulberry, Popular, Black Locust, Willow, American Elm, Siberian Elm, Slippery Elm (Red Elm), and Chinese Elm, Horse Chestnut, Poplar, Ailanthus, Catalpa, Osage orange, Cottonwood, and European Barberry.
(Ord. 1166. Passed 9-24-01.)
1183.03 SPECIAL PROVISIONS FOR EXISTING SITES.
Special provision is made for applying these standards to developed sites which existed prior to the effective date of this Ordinance. Therefore, when an existing site is undergoing improvement, a change in use, or expansion that requires the submittal of a development plan, the objective of these standards is to gradually bring the existing site into compliance with the minimum standards of this Chapter in relation to the extent or change on a site.
When reviewing plans for a change in use or expansion which requires development plan review, the Zoning Inspector or body reviewing the plan shall require an upgrade in landscaping, using the following as guidelines:
(a) General Requirements. Each building expansion requiring development plan review shall provide at least 10% of the landscaping requirements for a new development for every 10% of expansion.
(b) Street and Parking Lot Requirements. Each building expansion requiring development plan review should provide landscaping along public streets and within parking areas, with landscaping along public streets as the priority. Where parking lot landscaping cannot be reasonably provided, additional landscaping along the street or in any required buffer areas should be considered.
(Ord. 1166. Passed 9-24-01.)
1183.04 REQUIRED LANDSCAPING ALONG PUBLIC RIGHTS-OF-WAY.
One (1) of the following street landscaping options is required on land abutting public streets or where otherwise referenced.
(a) Greenbelt.
(1) Minimum width of ten (10) feet. The Commission may permit the width of the greenbelt to be reduced in cases where existing conditions do not permit a ten (10) foot width and in the Central Business District (CBD) (e.g., in a terrace or tree lawn of a public right-of-way), where it is desirable to maintain a shallow front setback in keeping with the character of the CBD. In such cases, the greenbelt requirement may be met through the provision of street trees or the provision of landscaping as required below.
(2) At least one (1) deciduous tree and four (4) shrubs per each forty (40) lineal feet of street frontage. Location of the trees and shrubbery is discretionary. In the CBD, additional canopy trees may be provided in lieu of the requirement for shrubs at the rate of one (1) additional canopy tree for every four (4) shrubs.
(3) The greenbelt area shall contain grass, vegetation ground cover, mulch, or crushed stone on a weed barrier, and be curbed or edged.
(4) Where headlights from parked vehicles will shine into the roadway, the Commission may require the use of a totally obscuring hedge with a minimum height of twenty-four (24) inches and a maximum height of thirty-six (36) inches.
(b) Berm.
(1) Minimum height of two (2) feet with a crest at least three (3) feet in width. The height of the berm may meander if the intent of this Chapter is met and an appropriate screen is provided.
(2) The exterior face of the berm shall be constructed as an earthen slope, with a slope not to exceed one (1) foot of vertical rise to three (3) feet of horizontal distance (1:3). The interior face of the berm may be constructed as an earthen slope or retained by means of a wall, terrace, or other means acceptable to the Commission.
(3) At least one (1) deciduous tree shall be provided for each thirty (30) feet of lineal berm length.
(4) At least one (1) minimum shrub shall be provided for each one-hundred (100) square feet of berm surface area, as calculated from a plan view.
(5) Berm slopes shall be protected from erosion by sodding or seeding. If the slopes are seeded, they shall be protected until the seed germinates and a permanent lawn is established by a straw mulch, hydro-mulching, or netting specifically designed to control erosion.
(c) Buffer Strip.
(1) Minimum width of ten (10) feet.
(2) All trees shall be evergreens.
(3) The buffer planting area shall contain grass, vegetation ground cover, mulch, or crushed stone on a seed barrier, and be curbed or edged as necessary.
(Ord. 1166. Passed 9-24-01.)
1183.05 PARKING LOT LANDSCAPING.
Within every parking area containing ten (10) or more proposed spaces, at least one (1) deciduous tree and ornamental tree with at least one-hundred (100) square feet of planting area shall be used for every ten (10) parking spaces, in addition to any other landscaping requirements. This landscaping shall meet the following standards:
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(a) Landscaping shall be dispersed throughout the parking area in order to break up large expanses of pavement and help direct smooth traffic flow within the lot.
(b) Landscaping shall be planned and installed such that, when mature, it does not obscure traffic signs or lighting, obstruct access to fire hydrants, nor interfere with adequate motorist sight distance.
(c) Dimensions of separate landscaped areas within the interior of or adjacent to parking areas shall be shown on the development plan. The minimum width of such areas shall be ten (10) feet.
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(Ord. 1166. Passed 9-24-01.)
1183.06 WASTE RECEPTACLE AND MECHANICAL EQUIPMENT SCREENING.
Waste receptacles shall be located and screened in accordance with the standards of this Ordinance including those standards identified in Chapter 1173, or other Municipal ordinances. Ground mounted mechanical equipment shall be screened with plant materials or a wall, when visible from a public-right-of-way or parking area. (Ord. 1166. Passed 9-24-01.)
1183.07 GENERAL LAYOUT AND DESIGN STANDARDS.
(a) Plant Health and Maintenance. Landscaped areas and plant materials required by this Ordinance shall be kept free from refuse and debris. Plant materials, including lawn areas, shall be maintained in a healthy and growing condition, neat and orderly in appearance. If any plant material required by this Ordinance dies or becomes diseased, they shall be replaced within thirty (30) days of written notice from the Zoning Inspector, or within an extended time period as specified in said notice.
(b) Removal of Support Material. Tree stakes, guy wires, and tree wrap are to be removed after one (1) year.
(c) Irrigation. All landscaped areas shall be provided with a readily available and acceptable water supply to facilitate continued maintenance.
(d) Visibility. Landscaping materials and arrangement shall ensure adequate sight visibility for motorists, adequate clearance for pedestrians and vehicles, and accessibility to fire hydrants, and shall not interfere with or obstruct the view of public viewsheds and sight lines from rights-of-way and public property to streams, lakes, and other waterways.
(e) Species Tolerance. Cul-de-sacs, site entrances, and boulevard medians shall be landscaped with species tolerant of roadside conditions common to the area.
(f) Public Safety. Plantings within ten (10) feet of a fire hydrant shall be no taller than twelve (12) inches at maturity. (Ord. 1166. Passed 9-24-01.)
1183.08 INCENTIVES TO PRESERVE EXISTING TREES.
(a) The Municipality encourages the preservation of quality and mature trees by providing credits toward the required trees for greenbelts, buffer strips, interior landscaping, and within parking lots. Trees intended to be preserved shall be indicated with a special symbol on the development plan and be protected during construction through the use of a fence around the drip line. Tree species, location, and caliper must be shown on the landscape plan. Tree protection measures must be shown and noted on the landscape plan.
(b) To obtain credit, the preserved trees shall be of a high quality and at least two and one half (2 1/2) inches caliper. Trees to be preserved shall be counted for credit only if they are located on the developed portion of the site as determined by the Commission. Any tree over twelve (12) inches in caliper to be removed shall be noted on the landscape plan.
The credit for preserved trees shall be as follows:
Caliper of Preserved Tree (in inches) | Number of Trees Credited |
over 12 | 3 |
8 to 12 | 2 |
2 ½ to 8 | 1 |
Note: Caliper measurements for existing trees is the diameter at a height of four and one-half (4 1/2) feet above the natural grade.
(c) Any preserved trees receiving credit which are lost within two (2) years after construction shall be replaced by the landowner with trees otherwise required by this Ordinance.
(Ord. 1166. Passed 9-24-01.)
1183.09 WALLS AND BUFFER STRIPS BETWEEN USES.
In those instances where the following conditions occur, the need for a wall, a berm, or similar type of landscaped buffer strip shall be determined by the Commission.
(a) Zoning Districts and Land Uses.
(1) For developments within the C-1 and C-3, there shall be provided and maintained on those sides abutting or adjacent to a residential zoning district and/or a current residential use, a masonry wall or wooden privacy fence six (6) feet in height, (except as otherwise required).
(2) For developments within the R-3, R-4, C-2, M-1, and M-2, there shall be provided and maintained on those sides abutting or adjacent to a residential zoning district and/or current residential use, a greenbelt, a berm, or a buffer strip, (except as otherwise required).
(3) For non-residential land uses within residential zoning districts, there shall be provided and maintained on those sides abutting or adjacent to a residential zoning district and/or a current residential use, an obscuring wall six (6) feet in height, decorative wooden privacy fencing, a greenbelt, a berm, or a buffer strip (except as otherwise required).
(b) Location. Required walls, greenbelts, berms, or buffers strips shall begin on or at the property line, except where underground utilities interfere.
(c) Materials. Such walls and screening barriers shall have no openings for vehicular traffic or other purposes, except as otherwise provided for in this Ordinance and except such openings as may be approved by the Commission. All walls herein required shall be constructed of materials approved by the Commission to be durable, weather resistant, rustproof, and easily maintained. Materials for walls shall be compatible with surrounding building materials. Materials for the greenbelts, berms, or buffer strips shall be in accordance with the standards identified in this Chapter unless specified elsewhere.
(d) Alternatives. The Commission may approve a landscaped berm as an alternative to a wall upon finding the landscaped berm will provide a similar screening effect.
(Ord. 1166. Passed 9-24-01.)
1183.10 WAIVER OR MODIFICATION OF STANDARDS FOR SPECIAL SITUATIONS.
The Commission may determine existing landscaping or screening intended to be preserved, or a different landscape design, would provide all or part of the required landscaping and screening. In making such a determination to waive or reduce the landscape and screening requirements of this Chapter, the following may be considered:
(a) Extent that existing natural vegetation provides desired screening.
(b) There is a steep change in topography which would limit the benefits of required landscaping.
(c) The presence of existing wetlands.
(d) Existing and proposed building placement.
(e) The abutting or adjacent land is developed or planned by the Municipality for a use other than residential.
(f) Building heights and views.
(g) The adjacent residential district is over two-hundred (200) feet from the subject site.
(h) Similar conditions to the above exist such that no good purpose would be served by providing the landscaping or screening required.
(Ord. 1166. Passed 9-24-01.)
1185.01 INTENT
(a) In all zoning districts, off-street facilities for the storage and parking of self- propelled motor vehicles for the use of occupants, employees and patrons of all buildings hereafter erected, altered, or extended after the effective date of this Ordinance, shall be provided as herein prescribed.
(b) Whenever the use of a building, structure, or lot is changed, parking facilities shall be provided as required by this Ordinance for the new uses. If the intensity of use of any building, structure, or lot is increased through the addition of dwelling units, increase in floor area, increase in seating capacity, or through other means, additional off-street parking shall be provided for such increase in intensity of use. (Ord. 1166. Passed 9-24-01.)
1185.02 GENERAL REQUIREMENTS.
In all zoning districts, off-street vehicle parking facilities shall be provided and maintained as herein prescribed:
(a) Off-Street Parking Spaces for One and Two-Family Dwellings. Off-street parking facilities required for one and two-family dwellings shall consist of a parking strip, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve subject to the provisions of this Ordinance.
(1) No parking shall be permitted in the required front yard except on a driveway which leads to an approved parking space.
(2) No more than fifty (50%) percent of the front yard may be occupied by a driveway and permitted parking stalls.
(3) Parking areas shall not be graded in such a manner as to cause the diversion of stormwater on to adjacent property.
(4) All residential parking areas shall be hard surfaced with at least four inches of stone, gravel, asphalt or concrete material.
(b) Off-Street Parking for Multiple-Family and Non-Residential Uses. Off-street parking facilities required for multiple-family (three or more units) and non-residential uses shall be located on the same lot or parcel as the building or use they are intended to serve, or within three hundred (300) feet of such building or use. Ownership or a use easement, duly recorded with the County Recorder, shall be shown for all land areas intended for use as parking by the applicant.
(c) Existing Parking Facilities. An area designated as required off-street parking facilities in existence at the effective date of this Ordinance shall not be reduced below the requirements for the use or building served as set forth in this Ordinance.
(d) Joint Use of Facilities. Provision of common parking facilities for several uses in the same vicinity is encouraged. In such cases, the total space requirement is the sum of the individual requirements at the same time of day. The maximum joint requirements will be less than the total individual requirements if the peak needs for the uses occur at distinctly different times of the day from the peaks of the other uses.
(e) Non-overlapping Operating Hours. In the instance of land uses requiring off- street parking spaces where operating hours of the uses do not overlap, the Planning Commission may grant an exception to the individual provisions of this Chapter and permit a shared or joint use of parking facilities.
(f) Restriction of Parking on Private Property. It shall be unlawful to park or store any motor vehicle on private property without the express written consent of the owner, holder, occupant, lessee, agent, or trustee of said private property.
(g) Storage and Repair Prohibited. An unenclosed off-street parking space may not be used for the storage or parking of junked or wrecked vehicles of any type or used as a storage area for merchandise or industrial equipment or material, or used as a dump for refuse of any description. No repairs or service to vehicles shall be carried on or permitted on areas designated as required off-street parking.
(h) Duration. Except when land is used as permitted storage space in direct connection with a business, a twenty-four (24) hour time limit for parking in non-residential off-street parking areas shall prevail, provided that it shall be unlawful to permit the storage of wrecked, inoperable, or junked vehicles on any parking area in any district.
(i) Use of Loading Space. Required loading spaces shall not be counted or used for required parking.
(j) Gross and Usable Floor Area. For the purpose of computing the number of parking spaces required, the definitions under for Gross and Usable Floor Area as defined by this Ordinance shall apply.
(k) Fractional Requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one (1) parking space.
(l) Uses Not Specified. For those uses not specifically mentioned in this Ordinance, the requirements for off-street parking facilities shall be in accord with a use which the Planning Commission considers to be similar in type.
(m) Availability of Public Facilities. The required spaces as determined by the following schedule and standards may be modified or waived by the Planning Commission in the Village Central Business District area where free parking areas and publicly owned and operated parking areas are readily accessible and where land in not available for development of accessory off-street parking as required herein.
(Ord. 1166. Passed 9-24-01.)
1185.03 TABLE OF OFF-STREET PARKING REQUIREMENTS.
(a) The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:
Use | Spaces Per Unit of Measure |
1. Residential | |
a. Residential, One-Family and Two-Family Dwelling, including mobile homes. | Two (2) for each dwelling unit. |
b. Residential, Multiple-Family | One (1) for each efficiency unit, one and one-half (1-1/2) for each one (1) bedroom unit, two (2) for each two (2) bedroom unit, and three (3) for three (3) or more bedroom units. |
c. Residential, Multiple-Family Senior Citizen Housing | One (1) for each dwelling unit plus one (1) for each employee. If units revert to general occupancy, then Section 17.03(1)b above applies. |
d. Boarding, Rooming, Lodging Establishments | One (1) parking space for each sleeping room and/or occupancy unit plus one (1) parking space for each employee on the largest employment shift. |
2. Institutional | |
a. Churches, Temples or Synagogues | One (1) for each three (3) seats, based on maximum seating capacity in the main unit of worship. |
b. Hospitals | One (1) for each patient bed, plus one (1) additional space for every worker employed during the eight (8) hours shift in which the greatest number of employees are on duty. |
c. Foster Care Group Homes, Homes for the Aged, Convalescent Homes and Children Homes | One (1) for each three (3) beds, plus one (1) for each employee on the largest employment shift. |
d. Elementary and Junior High School | One (1) for each one (1) teacher, employee or administrator, plus one (1) per classroom for visitor use in addition to the requirements for the auditorium, if provided. |
e. Senior High Schools | One (1) for each teacher, employee or administrator, one (1) for each ten (10) students, and one (1) per classroom for visitor use, in addition to the requirements for the auditorium and stadium, if provided. |
f. Private Clubs or Lodge Halls | One (1) for each three (3) persons allowed within the maximum occupancy load as established by local, county, or state fire, building, or health codes. |
g. Fraternity or sorority | One (1) for each five (5) permitted active members, plus one (1) per employee on the largest employment shift. |
h. Boat Launch, Private or Public | Fifteen (15) combined vehicle and boat trailer spaces for each one (1) individual boat ramp. |
i. Theaters and Auditoriums | One (1) for each three (3) seats plus one (1) for each two (2) employees on the largest employment shift. |
j. Libraries, Museums, Cultural Centers | One (1) for each four hundred (400) square feet of gross floor area. |
k. Nursery, Day Care, or Child Care Centers | One for each three hundred fifty (350) square feet of usable floor space. |
3. Recreational | |
For each use below, additional spaces shall also be provided as required for restaurants, bars, clubhouses, pro shops, or other affiliated facilities. | |
a. Archery Facilities | One (1) for each two targets. |
b. Softball, Baseball Fields | Twenty-five (25) for each playing field. |
c. Bowling Establishments | Six (6) for each lane. |
d. Dance Halls, Health Spas, Pool & Billiards Hall, and Skating Rinks | One (1) for each two (2) persons who may be legally admitted at one time based on the occupancy load established by local codes, plus one (1) for each employee on the largest employment shift. |
e. Football and Soccer Fields | Thirty (30) for each field. |
f. Golf Course, Public or Private | Five (5) for each golf hole, plus one for each employee on the largest employment shift. |
g. Golf Course, Miniature | Two (2) for each golf hole, plus one (1) for each employee in the largest employment shift. |
h. Golf Driving Range | One (1) for each tee. |
i. Stadium, Sports Arena, or similar place of outdoor assembly | One (1) for each three (3) seats or six (6) feet of benches, plus one (1) for each employee on the largest employment shift. |
j. Swimming Pools | One (1) for each four (4) persons who may be legally admitted at one time based on occupancy load established by local codes, plus one (1) for each employee on the largest employment shift. |
k. Tennis Clubs and Court-Type Recreation Use | One (1) for each one (1) person admitted based on the capacity of the courts, plus (1) for each employee in the largest employment shift. |
3. Business and Commercial | |
a. Animal Hospitals | One (1) for each four hundred (400) square feet of usable floor area, plus one (1) for each employee in the largest employment shift. |
b. Automobile Service Stations | Two (2) for each lubrication stall, rack or pit; and one (1) for each employee on the largest employment shift. |
For quick oil change facilities, one (1) for each one (1) employee on the largest employment shift. In addition, stacking spaces for automobiles awaiting entrance to a service station shall be provided as required by Section 17.05. | |
c. Auto Wash | One (1) for each one (1) employee on the largest employment shift. In addition, stacking spaces for automobiles awaiting entrance to the auto wash shall be provided as required by Section 3.75. |
d. Beauty Parlor or Barber Shop | Three (3) spaces for each of the first two(2) beauty or barber chairs, and one and one-half (1-1/2) spaces for each additional chair. |
e. Drive-In Establishments | One (1) for each thirty (30) square feet of usable floor area, with a minimum of twenty-five (25) parking spaces, plus eight (8) stacking spaces for each drive-in or drive-thru transaction station as required by Section 3.75. |
f. Establishments for Sale and Consumption on premises of Beverages, Food or Refreshments | One (1) for every four (4) seats based on maximum seating |
g. Furniture and Appliance, Household Equipment, Repair Shops, Showroom of a Plumber, Decorator, Electrician or Similar Trade, Shoe Repair, and Other Similar Uses | One (1) for each eight hundred (800) square feet of usable floor area, exclusive of the floor area occupied in processing or manufacturing for which requirements see industrial establishments below. One (1) additional space shall be provided for each one (1) person employed therein in the largest employment shift. |
h. Ice Cream Parlors | One (1) for each seventy-five (75) square feet of gross floor area, with a minimum of eight (8) spaces. |
i. Laundromats and Coin Operated Dry Cleaners | One (1) for each two (2) washing machines. |
j. Mortuary Establishments | One (1) for every two (2) persons allowed per fire code occupancy of the largest assembly room plus one for each resident employee and three (3) standing vehicle spaces. |
k. Motel, Hotel or Other Commercial Lodging Establishments | One (1) for each one (1) occupancy unit plus one (1) for each one (1)employee on the largest shift, plus extra spaces for dining rooms, ballrooms, or meeting rooms as required based upon maximum occupancy load. |
l. Motor Vehicle Sales and Service Establishments, Trailer Sales and Rental, Boat Showrooms | One (1) for each two hundred (200) square feet of usable floor space of sales room and one (1) for each one (1) auto service stall in the service room, plus one space per employee on the largest employment shift. |
m. Open Air Business | One (1) for each six hundred (600) square feet of lot area used in open air business. |
n. Restaurant, Carry-Out | One (1) for each one hundred (100) square feet of gross floor area. |
o. Roadside Stands | Six (6) for each establishment. |
p. Retail Stores, Except as Otherwise Specified Herein | One (1) for each two hundred square feet of usable floor area. |
q. Shopping Center or Clustered Commercial | Five and one-half (5 ½) spaces per one thousand (1,000) square feet of gross floor area. |
4. Offices | |
a. Banks, Savings and Loan Office | One (1) for each one hundred (100) square feet of usable floor area, and four (4) stacking spaces for each drive-in or drive-thru transaction station as required by Section 3.75. |
b. Business Offices or Professional Offices, except as indicated in the following item (c) | One (1) for each two hundred (200) square feet of usable floor area. |
c. Medical or Dental Clinics, Professional Offices of Doctors, Dentists, or Similar Professions | One (1) for each one hundred (100) square feet of usable floor area in waiting rooms and one (1) for each examining room, dental chair or similar use area. |
d. Offices of local, state or federal government or non-profit agencies. | One (1) for each two hundred (200) square feet of usable floor area. |
5. Industrial | |
a. Industrial or Research Establishments | Five (5) plus one (1) for every one (1) employee in the largest working shift. Parking spaces on the site shall be provided for all construction workers during the period of plant construction. |
b. Wholesale or Warehouse Facilities | Five (5) plus one (1) for every one (1) employee in the largest working shift, or one (1) for every two thousand (2,000) square feet of gross floor area, whichever is greater. Any retail or service area shall be in addition to the above. |
(Ord. 1166. Passed 9-24-01.)
1185.04 OFF-STREET PARKING FOR PHYSICALLY HANDICAPPED PERSONS.
Off-street parking facilities as required under this ordinance shall include, in accordance with the following table and identified by signs, parking spaces which are reserved for physically handicapped persons. Signs shall be located approximately six (6) feet above grade. Each reserved parking space shall be not less than twelve (12) feet wide. Where a curb exists between a parking lot surface and a sidewalk surface, an inclined approach or a curb cut with a gradient of not more than one (1) foot in twelve (12) feet and a width of not less than four (4) feet shall be provided for wheelchair access. Parking spaces for the physically handicapped shall be located as close as possible to walkways and building entrances. Signs shall be provided when necessary indicating the direction to a barrier-free entranceway into a building.
Total Parking in Lot | Required Number of Handicapped Spaces |
Up to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% of total |
over 1,000 | 20 plus 1 for each 100 spaces over 1,000 |
(Ord. 1166. Passed 9-24-01.)
1185.05 OFF-STREET WAITING AREA AND STACKING SPACES FOR DRIVE-THRU FACILITIES.
(a) On the same premises with every building, structure or part thereof, erected and occupied for the purpose of serving customers in their automobiles by means of a service window or similar arrangement, such as drive-in banks or cleaning establishments, where the automobile engine is not turned off, there shall be provided four (4) off-street stacking spaces for each service window or transaction station. Eight (8) off-street stacking shall be provided for each drive-thru transaction station of a restaurant.
(b) Self-service motor vehicle car wash establishments shall provide four (4) off-street stacking spaces for each washing stall. Quick oil change facilities and motor vehicle car wash establishments other than self service, shall provide stacking spaces equal in number to five (5) times the maximum capacity of the motor vehicle wash for automobiles awaiting entrance. "Maximum capacity" shall mean the greatest number possible of automobiles undergoing some phase of washing at the same time, which shall be determined by dividing the length of each wash line by twenty (20) feet. A drying lane fifty (50) feet long shall also be provided at the exit of the washing stalls in order to prevent undue amounts of water from collecting on the public street and thereby creating a traffic hazard.
(c) An off-street waiting space is defined as an area ten (10) feet wide by twenty (20) feet long. (Ord. 1166. Passed 9-24-01.)
1185.06 OFF-STREET PARKING LOT LAYOUT, CONSTRUCTION, AND MAINTENANCE.
All off-street parking lots shall be laid out, constructed, and maintained in accordance with the following requirements:
(a) Review and Approval Requirements. In the event that new off-street parking is proposed as part of a development requiring site plan review, said proposed parking shall be shown on the site plan submitted to the Planning Commission for review in accordance with Chapter 1175 of this Ordinance. In the event that proposed off-street parking is not part of a development requiring site plan review, the applicant shall submit a parking plan to the Planning Commission for review and approval.
(1) Plans shall be prepared at a scale of not less than fifty (50) feet equal to one (1) inch. Plans shall indicate the location of the proposed parking in relation to other uses on the site and on adjoining sites, the proposed means of ingress and egress, the number and dimensions of parking spaces, and the method of surfacing. Existing and proposed grades, drainage, water mains and sewers, surfacing and base materials, and the proposed parking layout shall also be shown.
(2) Upon completion of construction, the parking lot must be inspected and approved by the Building Official before a Certificate of Occupancy can be issued for the parking lot and for the building or use the parking is intended to serve.
(b) Layout Requirements. Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:
Parking Patterns | Lane Width | Parking Space Width | Parking Space Length | Total width of one tier of stalls and maneuvering lane | Total width of two tiers of stalls and maneuvering lane |
0o(Parallel Parking) | 12 ft. | 8 ft. | 23 ft. | 20 ft. (one way) 32 ft. (two way) | 28 ft. (one way) 40 ft. (two way) |
30o to 53o | 12 ft. | 8 ft. | 20 ft. | 32 ft. | 52 ft. |
54o to 74o | 15 ft. | 8 ft. | 20 ft. | 36 ft. | 58 ft. |
75o to 90o | 20 ft. | 9 ft. | 20 ft. | 40 ft. | 60 ft. |
(c) Access. All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street or alley shall be prohibited.
(d) Ingress and Egress. Adequate ingress and egress to the parking lot shall be provided by means of clearly defined and limited drives. No entrance or exit from any parking lot in a non-residential district or from a non-residential use shall be nearer than twenty (20) feet to any residentially zoned district.
(e) Surfacing and Drainage. The entire parking area, including parking spaces and maneuvering lanes, shall have an asphaltic or concrete surface; and shall be graded and drained so as to dispose of surface water which might accumulate on such area on site or into an approved public storm water system. No surface water from such parking area shall be permitted to drain onto adjoining private property or across a public sidewalk. Parking lots shall be continuously maintained with a hard, smooth, dust-proof surface at all times.
(f) Bumper Stops. Bumper stops or curbing shall be provided so as to prevent any vehicle from projecting beyond the parking lot area or bumping any wall or fence or encroaching upon landscaping.
In all cases where parking lots abut public or private sidewalks, continuous concrete curbing or bumper stops, at least six (6) inches high, shall be placed so that a motor vehicle cannot be driven or parked on any part of the sidewalk. In all cases where necessary for the protection of the public and the adjoining properties, streets or sidewalks, curbs as described above, shall be installed.
(g) Striping. All spaces shall be outlined with three (3) inch stripes of paint, the color of which contrasts with the parking lot surface.
(h) Screening. All off-street parking areas, except those serving single and two-family residences, shall be screened in accordance with the provisions set forth in Chapter of this ordinance.
(i) Parking Setbacks. All parking setbacks as required elsewhere by this Ordinance shall be maintained.
(j) Landscaping. Where yard setbacks are required, all land between the required walls and the property lines, and other unpaved areas which are designed to break up the expanse of paving, shall be kept free from refuse and debris and shall be landscaped with lawns, deciduous shrubs, evergreen plant material, and ornamental trees, in accordance with Chapter 1183. All such landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance.
(k) Lighting. All lighting used to illuminate any off-street area shall not exceed twenty (20) feet in height above the surface grade of the parking area, shall be a recessed “shoe box” fixture and shall be directed or shielded so as not to shine onto any adjacent properties or public right-of-ways.
(l) Signs. Accessory directional signs shall be permitted in parking areas in accordance with Chapter 1171.
(m) Buildings. No building or structure shall be permitted on an off-street parking lot, except for a maintenance building or attendant shelter, which shall not be more than one hundred (100) square feet in area and not more than fifteen (15) feet in height.
(n) Additional Requirements. In addition to the above requirements, parking areas shall comply with additional requirements or conditions which may be deemed as necessary by the Planning Commission for the protections of abutting properties in a residential district.
(o) Delay in Construction. In instances where the Board of Zoning Appeals determines that weather conditions prohibit parking lot construction, the construction may be temporarily waived, pending suitable weather, but the Board of Zoning Appeals shall require a cash or surety bond in the anticipated amount of the parking lot construction costs.
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(Ord. 1166. Passed 9-24-01.)
1185.07 OFF-STREET LOADING SPACE REQUIREMENTS.
On the same premises with every building, structure, or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, including department stores, wholesale stores, markets, hotels, hospitals, mortuaries, laundries, and dry cleaning establishments, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid interference with public use of dedicated rights-of-way and vehicular circulation on the site.
(a) Such spaces shall be provided as follows:
Gross Floor Area (In Square Feet) | Loading and Unloading Spaces | |
10'x 25' space | 10'x 50' space | |
0 - 1,999 | NA | NA |
2,000 - 4,999 | 1 | NA |
5,000 - 19,999 | NA | 1 |
20,000 - 49,999 | NA | 2 |
50,000 - 79,999 | NA | 3 |
80,000 - 99,999 | NA | 4 |
100,000 - 149,999 | NA | 5 |
150,000 and over | NA | 5* |
*One additional space for each fifty thousand (50,000) square feet of floor area in access of one hundred fifty thousand (150,000) square feet.
(b) Loading space areas shall be constructed of asphalt or concrete pavement so as to provide a permanent, durable and dustless surface.
(c) All loading spaces shall have a minimum of fourteen (14) foot high clearance.
(d) Loading areas shall not utilize any required area for maneuvering to parking spaces or block general vehicular circulation.
(e) No loading space shall be located closer than fifty (50) feet from any residentially zoned district unless located within a completely enclosed building or enclosed on all sides facing a residential zoning district by a solid masonry wall not less than six (6) feet in height.
(f) Central loading facilities may be substituted for individual loading spaces serving businesses on separate lots provided that all of the following conditions are fulfilled:
(1) Each business served shall have direct access to the central loading area without crossing streets or alleys.
(2) Total loading space provided shall meet the minimum requirements specified herein, computed on the basis of total floor area of all businesses served by the central loading space. No building served shall be more than 500 feet from the central loading area.
(g) The storage of merchandise, sale of motor vehicles, storage of inoperable vehicles, or repair of vehicles is prohibited in any required loading space.
(h) Approval of facilities. Detailed drawings of accessory off-street parking and loading facilities shall be submitted in accordance with all provisions of this section for review by the Village Planning Commission. The Planning Commission may require as a condition of approval additional structural or landscape features such as concrete bumper guards, curb and gutter, walls, fences, shrubs, ground cover, or hedges to further carry out the objective of this Ordinance before an application or design is approved. (Ord. 1166. Passed 9-24-01.)
CODIFIED ORDINANCES OF MONTPELIER