Napoleon City Zoning Code
TITLE THREE
Zoning Administration
1121.01 PURPOSE.
The purpose of this chapter is to provide an orderly method to amend regulations and districts. The regulations imposed and the districts created by this Planning and Zoning Code may be amended from time to time by ordinance, but no such amendments shall be made without a review by the Planning Commission.
(Ord. 074-10. Passed 12-20-10.)
1121.02 APPLICATION FOR AMENDMENT.
Applications for an amendment to this Planning and Zoning Code, including the Zone Map, may be initiated by any property owner or agent of any property owner, by the City administration, by the Planning Commission, or by the Council, by filing an application for amendment with the Zoning Administrator. The Zoning Administrator shall prepare a form and instructions as to what information is necessary for an application for amendment.
(Ord. 074-10. Passed 12-20-10.)
1121.03 HEARING ON APPLICATION FOR AMENDMENT.
Within 60 days of receipt of any application by the Zoning Administrator for an amendment, the Planning Commission shall hold a hearing on such application at such time and place as shall be established by the Planning Commission. Notice of said hearing shall be given in accordance with the provision of Section 159.03 of the Administrative Code; moreover, if the amendment proposed is to rezone or redistrict ten (10) or less parcels of land, written notice of the hearing shall be given to the owners of property within a two hundred foot (200') radius from such parcel as listed on the tax duplicate. In addition, if the amendment proposed is to rezone any property currently zoned as industrial, then written notice shall be provided to all owners of such properties currently zoned as industrial. Such notice shall be mailed by the Zoning Administrator by first class mail to the address of such owners appearing on the County Auditor's current tax list or the Finance Director's mailing list and to such other list that may be specified by the Planning Commission at least twenty (20) days before the date of the public hearing. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation. The Zoning Administrator shall cause to be made a search of the records of the Henry County Recorder to determine the record owners. (Ord. 026-16. Passed 9-6-16.)
1121.04 FINDINGS OF FACT AND RECOMMENDATION OF THE PLANNING COMMISSION.
The Planning Commission shall cause to be made written findings of fact regarding a proposed amendment and shall submit same together with its recommendations to Council. The Planning Commission report to Council shall indicate the vote of each member present and voting on every recommendation. Any member of the Planning Commission that dissents from the majority regarding a recommendation may make his or her dissention known, in writing, to be submitted to the Council as part of the record. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning Commission shall make findings based on the evidence presented to it in each specific case with respect to the following matters:
(a) The zoning classification of property within the general area of the property in question;
(b) Existing uses of property within the general area of the property in question;
(c) The suitability of the property in question to the uses permitted under the existing zoning classification;
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification; and
(e) Changed or changing conditions in the applicable area, or in the City generally, that make the proposed zoning or amendment thereto reasonably necessary to the promotion of the public health, safety, or general welfare.
The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the petitioner or applicant, except that no finding is required that “the amendment is not solely for the interest of the petitioner or applicant” when an application is initiated by the City Administration, by the Planning Commission, or by the Council. When the petition for an amendment to the Zone Map is made by a property owner or agent of a property owner, the Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the petitioner. For the purpose of this paragraph, the "R-1" Suburban Residential District shall be considered the highest classification and the "I-2" Open Industrial District shall be considered the lowest classification. When the petitioner is other than the property owner or an agent of a property owner, then the Planning Commission may recommend any different zone classification, higher or lower, than that requested by the petitioner.
(Ord. 074-10. Passed 12-20-10.)
1121.05 ACTION BY THE CITY COUNCIL.
The Council shall not act on a proposed amendment to this Planning and Zoning Code until it has received a written report and recommendation from the Planning Commission on the proposed amendment.
On receipt of a written report and recommendation from the Planning Commission, the Clerk of Council shall place such report, recommendation, and ordinance for amendment on its agenda. Before any ordinance for amendment may be passed, the Council shall hold a public hearing thereon as set by the Clerk or by the Council as a whole, and shall give at least thirty (30) days notice of time and place thereof in a newspaper of general circulation in the City. If the ordinance, measure, or regulation intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Zoning Administrator, by first class mail, at least twenty (20) days before the date of the public hearing to the owners of property, within a two hundred (200') foot radius from such parcel, to the address of such owners appearing on the County Auditor's current tax list or the Finance Director's mailing list and to such other list that may be specified by Council. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.
During such thirty (30) days the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure, or regulation and the maps, plans, and written report submitted by the Planning Commission, shall be on file for public examination, in the office of the Zoning Administrator. Approval or disapproval of any amendment to this Planning and Zoning Code by Council shall be in accordance with Section 159.02(b) of the Administrative Code.
If a manifest error be discovered in this Planning and Zoning Code consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words were clearly intended to express the intent, the spelling shall be corrected, and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
(Ord. 074-10. Passed 12-20-10.)
1125.01 ESTABLISHMENT OF DISTRICTS.
The following zoning districts are hereby established to promote the constructive development of the City and to protect the health, safety, welfare, and environment of the community:
(a) R-1 - SUBURBAN RESIDENTIAL DISTRICT
(b) R-2 - LOW-DENSITY RESIDENTIAL DISTRICT
(c) R-3 - MODERATE-DENSITY RESIDENTIAL DISTRICT
(d) R-4 - HIGH-DENSITY RESIDENTIAL DISTRICT
(e) C-1 - GENERAL COMMERCIAL DISTRICT
(f) C-2 - COMMUNITY COMMERCIAL DISTRICT
(g) C-3 - LOCAL COMMERCIAL DISTRICT
(h) C-4 - PLANNED COMMERCIAL DISTRICT
(i) C-5 - HIGHWAY COMMERCIAL DISTRICT
(j) I-1 - ENCLOSED INDUSTRIAL DISTRICT
(k) I-2 - OPEN INDUSTRIAL DISTRICT
(l) FP FLOODPLAIN AND FLOODWAY DISTRICT
(Ord. 074-10. Passed 12-20-10.)
1125.02 ZONE MAP.
(a) A Part of the Code. The boundaries of the districts are hereby established on a map entitled: "Zone Map, Napoleon, Ohio - 2006", as revised, which accompanies and is hereby incorporated by reference and made a part of the Planning and Zoning Code. Notations, references, indications and other matters shown on the Zone Map are as much a part of this Planning and Zoning Code as if they were fully described herein.
(b) Verification. The Official Zone Map shall be identified by the signature of the Mayor attested by the “Clerk of Council”, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zone Map referred to in Section 1125.02 of the Codified Ordinances of the City of Napoleon, Ohio" followed by the adoption date.
(c) Future Map Entries. If, in accordance with the provisions of this Planning and Zoning Code, changes are made in district boundaries or other matters portrayed on the Official Zone Map, such changes shall be entered on said map promptly after the amendment has been approved by the Council, with an entry on the Official Zone Map as follows:
"On __________(date) by official action of the Council, the following changes were made in the Official Zone Map": (brief description of the nature of the changes), which entry shall be signed by the Mayor and attested by the Clerk.
(d) Changes. No changes of any nature shall be made in the Official Zone Map or matter shown thereon except in conformity with the procedures set forth in this Planning and Zoning Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of law.
(e) Location of Zone Map. Regardless of the existence of purported copies of the Official Zone Map which may from time-to-time be made or published, the Official Zone Map which shall be located in the office of the Zoning Administrator who shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the City.
(f) Damaged, Lost or Destroyed Map. In the event the Official Zone Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Council may direct the Planning Commission to prepare a new Official Zone Map which shall supersede the prior map upon approval by the Council. The new Official Zone Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original Official Zone Map or any subsequent amendment thereof. The new Official Zone Map shall be identified by the signature of the Mayor attested by the Clerk and bearing the seal of the City under the following words: "This is to certify that this Official Zone Map supersedes and replaces on this _______ day of ___________________________, Ordinance No. __________ the Official Zone Map adopted ___________________________, as part of Ordinance No. _________ or the Zoning Code of the City of Napoleon, Ohio.
(g) Map to be Preserved. Unless the prior Official Zone Map has been lost, or has been totally destroyed,the prior map or any significant parts thereof remaining, shall be preserved, together with all records pertaining to its adoption or amendment.
(Ord. 074-10. Passed 12-20-10.)
1125.03 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zone Map, the following rules shall apply:
(a) Centerlines of Streets and Boundaries. Unless otherwise indicated, the district boundary lines are the centerlines of streets, rights-of-way, parkways, alleys or railroad rights-of-way, or such lines extended.
(b) Boundaries. Boundaries indicated as approximately following section line limits, half-section and quarter-section lines, City corporate limit lines, or platted lot lines shall be construed as following such lines.
(c) Railroad Lines. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. The official railroad drawings shall establish the railroad boundaries.
(d) Shore Lines and Water Ways. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
(e) Use of Scale on Zone Map. Boundaries indicated as parallel to or extensions of features indicated in subsections (a) to (d) inclusive above shall be so construed. Distances not specifically indicated on the Official Zone Map shall be determined by the scale of the map.
(f) Boundaries Determined by Board. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zone Map, or in other circumstances not covered by this section, the Board of Zoning Appeals shall interpret the district boundaries and order an official survey.
(Ord. 074-10. Passed 12-20-10.)
1125.04 LOTS DIVIDED BY DISTRICT LINES.
(a) Whenever a single lot two (2) acres or less in size is located within two (2) or more different zoning districts, the district regulations applicable to the district within the larger portion of where the lot lies shall apply to the entire lot.
(b) Whenever a single lot greater than two (2) acres in size is located within two (2) or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.
(Ord. 074-10. Passed 12-20-10.)
1125.05 ZONING OF ANNEXED LAND.
(a) Upon annexation of territory to the corporate limits of the City an application for determining the proper zone designation shall be promptly filed by the Zoning Administrator with the Planning Commission under the provisions of Chapter 1121 of this Planning and Zoning Code.
(b) Until such zone district is properly established, the zone district shall default to that designation assigned to the largest lot which is located in the City which the territory is attached. Any railroad, utility, street, or highway right-of-way held in fee, by easement, or by dedication and acceptance shall not be a barrier for attachment for the purpose of this provision. Notwithstanding any other provision of this Planning and Zoning Code, default zoning shall be effective regardless of reflection of the same on the Zone Map.
(Ord. 074-10. Passed 12-20-10.)
1127.01 APPLICATION OF DISTRICT REGULATIONS.
The regulations set forth in this Planning and Zoning Code within each district shall be minimum regulations and shall apply uniformly to each type of structure or use of land, except as hereinafter provided.
(a) Regulations Apply. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, moved, or structurally altered, except in conformity with the regulations herein specified for the district in which it is located.
(b) Lot Areas and Yards May Not Be Encroached On. No building shall be erected, reconstructed, or structurally altered in any manner which will encroach on or reduce the required yard setbacks, lot area per dwelling unit, ground floor area of dwellings, or lot coverage provisions established for the district in which such building or use is located.
(c) Yards Are Separate. No part of a required yard, open space, or off-street parking or loading space used for the purpose of complying with this Planning and Zoning Code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(d) No Reduction in Yards. No yard or lot existing at the time of passage of this Planning and Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this code shall meet at least the minimum requirements established by this Planning and Zoning Code.
(e) Division of Zoning Lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable regulations of the zoning district in which the property is located and the provisions of Chapter 1105.
(Ord. 074-10. Passed 12-20-10.)
1127.02 BUILDING SETBACK LINES. (REPEALED)
1127.03 EXCEPTIONS.
(a) Application. Any yard or setback line so placed or oriented that none of the specific terms in this Planning and Zoning Code are applicable shall necessitate a determination by the Zoning Administrator of a suitable dimension as generally required for a similar situation in the same zone district. Further, in the event that no setback line is established in this Planning and Zoning Code where a use is nonconforming to the zone, the most restrictive setback for the zone where the nonconforming use is situated shall apply.
Minimum required yards or building setback distances shall be unobstructed and open to the sky, except for customary projections as provided in subsections (b) and (c) hereof.
(b) Front Yard Encroachments. No structure or part thereof shall project into a required front yard except:
(1) An eave, cornice overhang, awning, or bay window not exceeding five feet; or
(2) The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding 18 inches; or
(3) Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade which may project into the required yard a distance of not more than four feet; or
(4) Ramps used for persons under disability to gain ingress and egress to the dwelling or attached structure. Such ramps shall be no greater in dimension than necessary to provide for safe ingress and egress as approved by the Zoning Administrator.
(c) Side or Rear Yard Encroachments. No structure or part thereof shall project into a required side or rear yard except:
(1) An eave, cornice overhang, awning, chimney, or bay window not exceeding two feet, provided that said encroachment shall not protrude closer than five feet to a side line or project more than two feet into a required rear yard; or
(2) Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level.
(d) Height Exceptions. The following may exceed the maximum height regulations when erected in accordance with all other laws and zoning regulations of the City: chimneys, cooling towers, conveyors, elevator bulkheads, fire towers, gas tanks, solariums, steeples, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, wireless, television or radio towers and necessary mechanical appurtenances.
(Ord. 074-10. Passed 12-20-10.)
1127.04 ACCESS AND FRONTAGE.
Every building hereafter erected or moved shall be located on a lot with frontage and access on a public street, or with frontage and access to an approved private street or place. All buildings shall be so located on lots as to provide for safe and convenient access, fire, protection, and required off-street parking.
(Ord. 074-10. Passed 12-20-10.)
1127.05 RESIDENTIAL ACCESSORY BUILDINGS. (REPEALED)
1127.06 ONE PRINCIPAL BUILDING PER LOT.
Every building hereafter erected shall be located on a lot of record unless otherwise specified for Planned Developments. In no case shall there be more than one principal building and its accessory buildings located on one lot, except as otherwise provided in this Planning and Zoning Code or a Planned Development or a conditional use permit or as otherwise may be granted by an approved variance.
(Ord. 074-10. Passed 12-20-10.)
1127.07 CONVERSIONS. (REPEALED)
1127.08 FENCE, SCREENING, AND WALL LOCATION, AND HEIGHT LIMITATION.
(a) No fences, screening or walls shall be permitted except as follows: Fences, screening, or walls not more than eight (8) feet in height may be located within the side or rear yards with a permit. Fencing, screening or walls not more than three (3) feet in height may be located in the front yard with a permit. A fence, screen or wall may be placed on but not over a property line. Screening by way of plantings, such as trees, hedges and shrubs, otherwise known as screen plantings, are exempt from regulation under by this subsection (a).
(b) Private in-ground and partially in ground swimming pools with a side wall of less than four (4) feet in height measured from the ground surface shall be enclosed by a fence of not less than four feet in height measured from the ground surface and shall be provided with a self-closing gate.
Above ground swimming pools with side walls of four (4) feet or more in height measured from the ground surface, with an entrance deck, shall be equipped with a self closing gate. Swimming pool installation as described herein shall require a permit.
(c) Nothing contained in this section shall be deemed to prohibit the erection or maintenance of an open fence in connection with an agricultural use or a recreation use for the public safety, or a security fence in a nonresidential district.
(d) In all districts except the "C-1" General Commercial District, street intersections shall be free from any kind of obstruction to vision. Fences, screening, walls, or plantings, including screen plantings, exceeding three feet in height above the established street roadway grade shall be prohibited within the triangle formed by the intersecting street right-of-way lines and a line adjoining the points at a distance of twenty-five (25) feet from the point of street property line intersection.
(e) The regulation of (d) above shall also apply to lots at the intersection of an alley and a street right-of-way or a private driveway and the street right-of-way, except that the joining points of the triangle formed shall be ten (10) feet from the point of intersection.
(Ord. 074-10. Passed 12-20-10.)
1127.09 BUILDINGS RELOCATED.
No building or structure shall be moved from one lot or premises to another unless such building shall thereupon conform to all the regulations of the zoning district to which such building shall be moved and to the adopted building codes of the City.
(Ord. 074-10. Passed 12-20-10.)
1127.10 RESIDENTIAL LOT USAGE. (REPEALED)
1127.11 EASEMENTS.
No building, structure, fence, wall, hedge, shrub or tree shall be placed or erected over a public utility easement utilized by the City or an easement granted to the City for utility purpose, unless otherwise authorized by the terms of the easement. Application may be made to the Board of Zoning Appeals for a variance to this provision subject to Section 175.07 of the Codified Ordinances.
(Ord. 074-10. Passed 12-20-10.)
1127.12 THE MINIMUM LOT SIZE.
Every building erected on a parcel of land shall be provided with a lot or parcel of land in accordance with the lot size regulations of the district within which it is located. Minimum setback requirements applicable to the zone where the building is being erected shall apply, except that where a “common wall” exists, such as a shopping mall, the setback for such common wall shall equal zero. (Ord. 074-10. Passed 12-20-10.)
1127.13 TEMPORARY EMERGENCY, CONSTRUCTION, OR REPAIR DWELLINGS.
(a) Temporary emergency, construction, or repair dwellings used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.
(b) Permits for temporary dwellings to be occupied pending the emergency construction, emergency repair, or emergency renovation or emergency restoration of the permanent residential building on a site shall expire within six (6) months after the date of issuance, except that the Zoning Administrator may renew such permit for one additional period not to exceed three (3) months if he or she determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the emergency construction, or emergency repair, or emergency renovation, or emergency restoration work necessary to make such building habitable.
(Ord. 074-10. Passed 12-20-10.)
1127.14 SMOKE.
Any land use within the City that generates or emits smoke shall be in compliance with all applicable environmental laws and rules and regulations.
(Ord. 074-10. Passed 12-20-10.)
1127.15 NOISE.
(a) No person in any commercial district may generate noise or permit noise to be generated that tends to have an annoying or disruptive effect upon others within or outside the district regardless if the noise so generated is a result of one or more uses upon the lot within the commercial district.
(b) No person in any industrial district may generate or cause to be generated noise in excess of that as established in subsection (c) of this section.
(c) Except as provided in subsection (g) of this section, the table set forth in subsection (f) of this section establishes the maximum permissible noise levels in the I-1 and I-2 districts. Measurements shall be taken at the boundary line of the lot where the enterprise or enterprises that are generating the noise are located; however, as indicated, the maximum permissible noise levels may vary according to the zoning of the lot adjacent to the industrial zoned lot on which the enterprise or enterprises that are generating the noise are located.
(d) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (i.e., whether the pitch of the sound is high or low) and A- weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes into account the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section and accordingly, any measurements are expressed in dB(A) to reflect the use of this A- weighted filter.
(e) The standards established in the table are set forth in subsection (f) of this section and expressed in terms of the Equivalent Sound Level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at 10 second intervals.
(f) Table of Maximum Permitted Sound Levels, dB(A).
TABLE OF MAXIMUM PERMITTED SOUND LEVELS, dB(A)
ZONING DISTRICT | WHEN ADJACENT TO: | WHEN ADJACENT TO: | |||
All Residential Zones and PD’s | |||||
7 a.m. - 7 p.m. | 7 p.m. - 7 a.m. | C-1, C-2, C-3, C-4, C-5 | I-1 | I-2 | |
I-1 | 50 | 45 | 55 | 80 | 80 |
I-2 | 50 | 45 | 60 | 80 | 80 |
Note: 0.0002 Microbar
(g) Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in subsection (f) of this section, except that this higher level of permissible noise shall not apply from 7 p.m. to 7 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.
(h) Noise resulting from temporary construction activity that occurs between 7 a.m. and 7 p.m. shall be exempt from the requirements of this Section.
(Ord. 074-10. Passed 12-20-10.)
1127.16 VIBRATION.
(a) No person in any commercial district may generate or cause to be generated any ground-transmitted vibration that is perceptible to the human sense of touch measured at (i) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.
(b) No person in an I-1 or I-2 district may generate or cause to be generated any ground-transmitted vibration in excess of the limits set forth in subsection (e) of this section. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in subsection (e) of this section.
(c) The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(d) The vibration maximums set forth in subsection (e) of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used: PV = 6.28 F x D, Where: PV = Particle Velocity, Inches-Per-Second, F = Vibration Frequency, Cycles-Per-Second, D = Single Amplitude Displacement of the Vibration, Inches. The maximum velocity shall be the vector sum of the three components recorded.
(e) Table of Vibration Maximums
TABLE OF VIBRATION MAXIMUMS | ||
Zoning District | Particle Velocity, Inches-per-Second | |
Adjacent Lot Line | Residential District | |
I-1 | 0.1 | 0.02 |
I-2 | 0.2 | 0.02 |
(f) The values stated in TABLE OF VIBRATION MAXIMUMS may be multiplied by two for impact vibrations (i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses).
(g) Vibrations resulting from temporary construction activity that occurs between 7 a.m. and 7 p.m. shall be exempt from the requirements of this Section.
(Ord. 074-10. Passed 12-20-10.)
1127.17 ODORS.
Any land use within the City that generates or emits odor shall be in compliance with all applicable environmental laws and Rules and Regulations.
(Ord. 074-10. Passed 12-20-10.)
1127.18 AIR POLLUTION.
Any land use within the City that generates or emits wastes into the air shall be in compliance with all applicable environmental laws and Rules and Regulations.
(Ord. 074-10. Passed 12-20-10.)
1127.19 DISPOSAL OF LIQUID WASTES.
Any land use within the City that generates or emits liquid wastes shall dispose of the same in accordance with all applicable environmental laws and Rules and Regulations.
(Ord. 074-10. Passed 12-20-10.)
1127.20 SATELLITE ANTENNAS, MICROWAVE ANTENNAS AND EQUIPMENT.
(a) SCOPE. This section of the Planning and Zoning Code regulates the installation of satellite antennas, microwave antennas, other microwave equipment and microwave transmitting and relay stations in all zoning districts within the City.
(b) FINDINGS AND DECLARATION. The Planning Commission and Council recognize that this section may be preempted under 47 CFR 25.104; however, the Planning Commission and Council finds that the installation of satellite and microwave antennas and equipment can, unless controlled, affect the aesthetic and safety values of agricultural, residential, commercial and industrial areas. Therefore, the installation of those antennas and equipment is regulated to result in locations which are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. The Planning Commission and Council do hereby declare that the purpose of adopting this Part of the Planning and Zoning Code is to protect the aesthetic integrity and safety values of neighborhoods within the City. The City has adopted regulations which provide for such aesthetic and safety protection while placing the least possible restrictions or limitations upon the legitimate ability of residents to avail themselves of the current and future satellite and microwave technology. The Planning Commission and Council have knowingly and intentionally provided for restrictions on such aspects of satellite and microwave antennas as to color and location and roof mounting because those aspects of regulation relate directly to aesthetic and safety considerations which are important to all residents of the City, not just those who choose to avail themselves of the technology of satellite and microwave technology, and those aspects of regulation are deemed not to interfere unreasonably with the right of a homeowner or business owner to avail himself or herself of, and to receive, said technology.
(c) SATELLITE ANTENNAS. A satellite antenna or microwave receiving antenna, as defined in Section 1101.01 may be installed in any zoning district, as an accessory use. Each such antenna shall comply with the following criteria:
(1) A setback equal to the height of the antenna or the setback which applies to the principal structure, whichever is greater, is required between the property line and any part of the antenna. In addition, installation is prohibited between any street and principal building on the site except as provided in paragraph (2) below.
(2) In any case where a lot backs up to a public right-of-way or private street, a setback of 15 feet is required between the public right-of-way or the curb of a private street and any portion of the satellite antenna.
(3) The maximum height of the antenna shall be 12 feet measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it.
(4) All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground except those wires or cables attached flush with the surface of a building.
(5) An antenna may not be installed with the use of guy wires.
(6) An antenna may not have a highly reflective surface or color. In addition, colors shall be subdued.
(7) No more than one (1) antenna is allowed on a parcel.
(8) An application for architectural review shall be filed by the property owner or his or her duly authorized agent in a form and manner prescribed by the Zoning Administrator. An applicant shall file, with the Zoning Administrator, a site plan and landscaping plan and other related data which may be required.
(9) Landscaping or solid screening shall be installed around an antenna to screen it from adjacent public streets, public areas of the development or adjacent properties. No such screening is required when the antenna is located so that it is not visible from adjacent public streets, public areas of the development or adjacent properties.
(10) Additional landscape screening shall be installed around an antenna located in a hillside area where visibility from surrounding area is greater.
(11) A satellite antenna may not be installed on the roof of a structure, unless structural integrity is provided by an applicable Engineer with the application.
(12) An antenna shall be maintained in an operational state with no structural defects or visible damage.
(13) The design and location of the satellite antenna must be approved by the Zoning Administrator. The Zoning Administrator shall consider the application for compliance and may require such plans and supplemental information as may be needed to review the application. The following criteria shall be considered:
A. Whether or not the aesthetic and safety values of agricultural, residential, commercial and industrial areas have been adequately protected.
B. Whether or not there has been compliance with all rules, regulations and codes.
C. Whether or not the placement is least visible from public rights-of- way in the vicinity, while not burdening adjacent property owners with adverse visual impacts.
(d) MICROWAVE RECEIVING ANTENNAS. Microwave receiving antenna installation shall comply with the following criteria:
(1) A microwave receiving antenna installed in a residential zoning district or residential area of a planned unit district shall comply with the following:
A. The antenna may not exceed 48 inches in diameter and shall be mounted on a building or roof.
B. If installed on a roof, the highest point of the antenna may not be higher than the diameter of the antenna above the roof surface directly under the antenna.
C. All wires or cable necessary for the operation of the antenna or reception of the signal shall be placed underground when wires are extended past the primary building where the antenna is placed, except those wires or cables attached flush with the surface of a building.
(2) A microwave receiving antenna installed in any nonresidential zoning district or nonresidential portion of a planned unit district shall comply with the following:
A. Installation is prohibited in any required front or street side yard setback area.
B. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of the building.
C. An antenna may not be installed with the use of guy wires.
D. The antenna shall be placed on the site so as not to interfere with on-site pedestrian or vehicular circulation.
E. Landscaping or solid screening shall be installed around the base of any tower so as to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation.
(3) An antenna shall be maintained in an operational state with no structural defects or visible damage to the antenna or its structure.
(4) The design and location of the antenna must be approved by the Zoning Administrator. The Zoning Administrator shall consider the application for compliance and may require such plans and supplemental information as may be needed to review the application. The following criteria shall be considered:
A. Whether or not the aesthetic and safety values of agricultural, residential, commercial and industrial areas have been adequately protected.
B. Whether or not there has been compliance with all rules, regulations and codes.
C. Whether or not the placement is least visible from public rights-of- way in the vicinity, while not burdening adjacent property owners with adverse visual impacts.
(e) MICROWAVE TRANSMITTING AND RELAY EQUIPMENT. Microwave transmitting and relay dish-shaped antennas may be installed in any zoning district, except residential districts or residential areas of planned unit districts, subject to obtaining a conditional use permit from the Planning Commission and subject to all requirements of provision (d) paragraph (2) of this section.
(f) GRANTING OF LAND USE OR PERMITS. That notwithstanding other provisions of this Planning and Zoning Code that establishes criteria for issuance of a conditional use permit, a conditional use permit for placement of microwave transmitting and relay equipment shall be exclusively subject to the criteria found in Section 1127.21(m) of this Planning and Zoning Code.
(g) NONEXCLUSIVE REGULATION. This section supplements and is in addition to other regulatory codes, statutes and ordinances.
(h) APPLICATION FOR PERMIT AND PLANS.
(1) Any person who desires to install or erect satellite and microwave antennas and/or equipment and/or microwave transmitting relay equipment shall apply to the Zoning Administrator for a permit. An occupant, renter, or co-owner shall have the written permission of all owners of the lot, premises or parcel of land within the City on which such satellite and/or microwave antennas and/or equipment and/or microwave transmitting relay equipment is proposed to be installed or erected.
(2) The applicant shall submit a written application upon forms provided by the Zoning Administrator and shall also submit:
A. A plot plan of the property or parcel of land showing the exact location of the proposed antenna or station and all other buildings on the subject property;
B. A description of the kind of antenna and/or equipment proposed; and
C. Plans showing specifications and elevations of the proposed antenna and/or equipment with sufficient details to show the method of assembly and construction.
(3) The written application shall indicate the names of the owners of the subject property, the occupant or occupants of the subject property and the contractor or other persons proposed to construct or erect the proposed antenna and/or equipment.
(4) The Zoning Administrator or the Administrator’s designee, may issue the permit provided the applicant has met all requirements of this Planning and Zoning Code.
(i) PERMIT FEE. Prior to issuance of a permit for a satellite antenna or microwave receiving antenna or microwave relay equipment, the applicant shall pay a processing fee as established in Section 1105.02, to cover cost of plan review and permit issuance.
(j) INSPECTION. The Zoning Administrator or the Administrator’s designee, shall inspect and reinspect erected or installed satellite antenna or microwave receiving antenna or microwave transmitting relay equipment and if any antenna or equipment is or becomes out of compliance with any City Code, the owner shall be notified:
(1) To make repairs and alterations to cause the antenna to be in compliance with the Code or
(2) To remove the antenna and/or equipment.
(k) ANTENNA AND STATION CONSTRUCTION; SUPPORT STRUCTURES.
(1) Only galvanized metal support construction or equivalent shall be permitted.
(2) The structure, installation and electrical wiring must be in conformance with all applicable City Building, Electrical, Zoning, Engineering, and Fire Codes, as well as other applicable ordinances.
(3) Only a concrete base or caissons, depending on soil conditions, extending not less than three feet below the surface shall be employed. The top of the base or caissons shall be even with the ground level.
(4) The maximum height and dimensions shall be as contained in this section; however, in no event shall the maximum height of any satellite or microwave antenna or microwave transmitting and relay equipment exceed 12 feet from the natural grade level, except when roof-mounted, then it shall not exceed 35 feet, unless by approved variance.
(5) The structure, including the foundation, shall be designed to withstand wind force of up to 90 miles per hour.
(6) Any driving motor shall be limited to 125 volt maximum design voltage. The motor and all other rotating parts shall be contained in protective guards.
(7) The satellite earth station shall be bonded to a grounding rod in accordance with the requirements provided in the National Electrical Code, NFPA 70 2008 Edition.
(l) EXISTING STRUCTURES. Subject to the provisions of this section, any satellite earth station erected prior to the effective date of this Planning and Zoning Code is hereby declared to be a legal nonconforming structure.
(Ord. 074-10. Passed 12-20-10.)
1127.21 WIRELESS TELECOMMUNICATION FACILITIES.
(a) PURPOSE. These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City. The regulations allow Wireless Telecommunication Facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§151 et seq.) and the interests of the City in regulating Wireless Telecommunication Facilities for the following reasons:
(1) To provide for orderly development within the City;
(2) To protect property values;
(3) To maintain the aesthetic appearance of the City, including, but not limited to, its unique residential character, historic character, unobstructed open spaces and attractive commercial/office areas;
(4) To protect residential properties, open spaces and the nonintensive commercial zoning districts which are characteristic of the City from the adverse effects of Towers and related Facilities;
(5) To promote Collocation of Wireless Telecommunications Facilities in order to decrease the total number of Towers in the City;
(6) To provide for and protect the health, safety and general welfare of the residents and visitors of the City; and
(7) To maintain, where possible, the integrity of the existing zoning regulations contained in this Planning and Zoning Code.
The regulations established a hierarchy of acceptable land areas for the location of Wireless Telecommunication Facilities through the establishment of such use as a permitted use in certain zoning districts or as a conditional use in certain zoning districts for erection of Antennas only, which determination is dependent upon the location and characteristics of such land areas.
Where applicable, the regulations governing the Wireless Telecommunications Facilities shall control and supersede wherever they are inconsistent with other provisions of this Planning and Zoning Code.
(b) As used in this chapter, the definitions found in Section 1101.01 shall apply unless the context clearly indicates or requires a different meaning.
(c) APPLICABILITY. No person shall construct, erect, maintain, extend or remove a Wireless Telecommunication Facility in the City without compliance with the provisions of this Section.
(d) USE REGULATIONS.
(1) Permitted use.
A. A Wireless Telecommunication Tower shall be permitted in all Districts so long as acquiring a conditional use permit and meeting the zoning requirements.
(2) Conditional use.
A. Antennas. The erection or construction of a Wireless Telecommunication Antenna(s) on an existing Wireless Telecommunication Tower may be permitted as a conditional use as a Collocation on such a Tower provided that all electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing Equipment Shelter or as such Shelter may be expanded. Such use may be approved by the Planning Commission upon submission of an application to the Zoning Administrator which meets all applicable regulations of this section related to the placement of the Wireless Telecommunication Equipment and related Facilities associated with such Antenna(s).
B. Towers. A Wireless Telecommunication Tower may be permitted as a permitted or conditional use only in the areas indicated in this Planning and Zoning Code, unless a variance is approved. Such use may be approved by the Planning Commission upon submission of an application to the Zoning Administrator, provided the applicant demonstrates compliance with each of the following Collocation requirements in this section, as well as the standards set forth in Provision (e) of this section.
C. Collocation Requirements.
1. Construction of a Wireless Telecommunications Tower will only be considered as a Conditional Use under subsection (d)(2)B. where the applicant demonstrates, in addition to any other specified required criteria, that there is no Technically Suitable space for the applicant’s Antenna(s) and related Facilities reasonably available on an existing Tower, building or structure within the geographic area to be served. With the application, the applicant shall list the location of every Tower, building or structure that could support the proposed Antenna(s) or area where it would be Technically Suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a Technically Suitable location is not reasonably available on an existing Tower, building or structure. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Collocate on the existing Tower, building or structure and the Collocation request was rejected by the owner of the Tower, building or structure. In all circumstances, owners of existing Towers shall promptly respond in writing to requests for Collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for Collocation. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Collocate an Antenna(s) on another Tower, building or structure within the City which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted.
2. All applicants for construction or erection of Wireless Telecommunication Towers shall be required to construct on a base Tower structure and structure foundation that is designed to be buildable up to, but not including two hundred (200) feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least four (4) Antenna platforms or Antenna arrays of equal loading capacity for four (4) separate providers of service to be located on the structure when constructed to the maximum allowable height. The Wireless Telecommunication Facility shall also be designed to show that the applicant has enough space on its site plan for an Equipment Shelter large enough to accommodate at least four (4) separate users of the Facility. If an Equipment Shelter is initially constructed to accommodate fewer than four (4) users, space shall be reserved on site for Equipment Shelter expansions to accommodate up to at least four (4) separate users. Agreement to the provisions of this subsection must be included in the applicant’s lease with the landowner, if different from the owner/user of the Tower. Written documentation must be presented to the Zoning Administrator evidencing that the landowner of the property on which the Tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding Collocation of another user of the Facility within thirty (30) days after receipt of a written inquiry. Copies of all written requests to Collocate and all written responses shall be sent to the Zoning Administrator.
(3) Accessory Use.
A. The installation of a Wireless Telecommunication Antenna(s) where the construction or erection of a Tower is not proposed by the applicant, shall be permitted as an accessory use on existing buildings or structures in any of the following zoning districts in the City: I-1, I-2 as may be restricted by height.
B. In addition, all Wireless Telecommunication Facilities shall not be located greater than fifteen (15) feet above the roof line of an existing building or structure to which it is attached. All electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing building or structure, if possible. To the extent the remaining standards of this Chapter are applicable to the situation involving the installation of a Wireless Telecommunication Antenna(s) on an existing building or structure, such standards shall govern the installation.
(e) MINIMUM STANDARDS FOR CONSTRUCTION, ERECTION, MAINTENANCE AND REMOVAL. Except as otherwise provided in this chapter, all Wireless Telecommunication Facilities shall comply with the following standards:
(1) Spacing. There shall be a separation of a minimum of one-half (½) mile(s) between Wireless Telecommunication Towers, including a separation of at least one-half (½) mile(s) from any such Tower located outside the City’s corporate limits.
(2) Height. The maximum height of a free-standing Wireless Telecommunication Tower, including its Antenna and all appurtenances, shall be less than two hundred (200) feet above grade. The height of any Equipment Shelter shall not exceed fifteen (15) feet from the approved grade. The maximum height of any Wireless Telecommunication Antenna, installed on an existing building or structure pursuant to subsection (d)(3) hereof, shall be no greater in height than fifteen (15) feet above the roof line of the existing building or structure to which it is attached.
(3) Setbacks. All Wireless Telecommunication Towers shall be set back from property lines a distance of three hundred feet (300'). Otherwise, all Wireless Telecommunication Facilities, other than Towers, shall comply with the required setbacks in the zoning district in which they are located. In no event shall a Wireless Telecommunication Tower or Facility be located in front of the principal building on the lot, if any, or in front of the front yard setback line as shown on the Zoning Map when no principal building is present on the lot.
(4) Design.
A. All Wireless Telecommunication Towers shall be of a Monopole design, as opposed to a Lattice design. No guy wired Towers shall be permitted. All wires and conduit servicing Antennas shall be located inside the Tower.
B. All Wireless Telecommunication Facilities shall be subject to review by the Planning Commission for the purpose of enhancing the compatibility of the Facilities with their surroundings. The color of a Wireless Telecommunication Tower and/or antennas shall be as determined by the ABR for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).
C. The Wireless Telecommunication Antennas shall be of a panel design and mounted flush to the Tower, building or structure which elevates the Antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such Antennas or to mount them in such a fashion.
(5) Landscaping. A landscape buffer of not less than fifteen (15) feet in depth shall be placed between the Wireless Telecommunication Facilities and the public rights-of-way and any adjacent properties from which there is a direct view of the Facilities, other than the Tower itself. The landscape buffer area shall have a tight screen fence of hardy evergreen shrubbery not less than six feet (6') in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(6) Engineering Report. A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable federal, state, county and City regulations. The report shall include a detailed description of the Wireless Telecommunication Tower, Antenna(s), Equipment Shelter and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC.
(7) Maintenance.
A. The applicant shall submit a plan documenting how the Wireless Telecommunication Facility will be maintained on the site in an ongoing manner that meets industry standards.
B. On each biennial anniversary of the issuance of the building permit for a Wireless Telecommunication Facility, or not more than ninety (90) days prior thereto, the owner/user shall submit to the City a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the Facility with all governmental requirements including, but not limited to, the structural integrity and stability of any Towers or Antennas, electrical safety standards, and auxiliary power source safety standards.
(8) Lighting Prohibited. Except as required by law, a Wireless Telecommunication Antenna or Tower shall not be illuminated and lighting fixtures or signs shall not be attached to the Antenna or Tower. If lighting is required by FAA regulations, the most visually nonobtrusive “state-of- the-art” lighting available shall be used, unless otherwise required by the FAA.
(9) Security.
A. Climbing rungs or other apparatus designed to assist a person to climb a Wireless Telecommunication Tower shall be located on the Tower no lower than fifteen (15) feet above grade.
B. Adequate fencing shall be erected and warning signs and emergency contact number shall be posted.
C. Other security measures for the Facility shall be determined by the Planning Commission as is appropriate under the circumstances of the particular application.
(10) Advertising Prohibited. No advertising sign(s) or devices shall be permitted anywhere on a Wireless Telecommunication Facility site.
(11) Outdoor Storage. There shall be no outdoor storage of equipment or other items on this Wireless Telecommunication Facility site except during the Facility construction period and to supply temporary emergency power to the Facility only during a power outage.
(12) Access to Facility. The access driveway to the Wireless Telecommunication Facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the Facility shall be a minimum of 18 feet in width with a minimum overhead clearance of 18 feet and shall be set back a minimum of 10 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the Facility is more than five hundred (500) feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional five hundred (500) feet of the driveway. There shall be a maximum of four (4) off-street parking space(s) on the Facility site.
(13) Accessory Equipment Shelter. One (1) Equipment Shelter accessory to a Wireless Telecommunication Tower or antenna shall be permitted on a lot. The size of an Equipment Shelter shall depend on the total number of separate entities having Antennas located at the Facility. The maximum total size of an Equipment Shelter for one (1) entity having Antennas at a Facility shall be two hundred fifty square feet (250') with an additional maximum of two hundred fifty square feet (250') permitted for each collocator, up to a maximum of one thousand square feet (1000'). The maximum height of an Equipment Shelter shall not exceed fifteen feet (15') above the approved grade at the site for an Equipment Shelter with a pitched roof and a maximum height of ten feet (10') above the approved grade at the site for an Equipment Shelter with a flat roof. The roof and facade of the Equipment Shelter shall be compatible as to architectural design and materials with the principal building on the lot, if any, and shall be subject to review by the Planning Commission pursuant to Chapter 1141 of this Planning and Zoning Code. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a Wireless Telecommunication Facility. Any Equipment Shelter located on the roof of an existing building shall comply with Provision (d)(3) of this section.
(f) UNDERGROUNDING OF UTILITIES. All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.
(g) TIME LIMIT FOR COMMENCEMENT AND COMPLETION. After issuance of a Zoning Permit and/or building permit to construct a Wireless Telecommunication Facility, the applicant shall commence and complete construction as required in accordance with Chapter 1141 of this Planning and Zoning Code.
(h) ABANDONMENT AND REMOVAL OF FACILITIES.
(1) The applicant for the Wireless Telecommunication Facility shall be required as a condition of issuance of a building permit to post a cash or surety bond acceptable to the City Law Director of not less than one hundred dollars ($100.00) per vertical foot from grade of the Wireless Telecommunication Facility. If an access drive which is separate from an existing access drive on the property is required to be constructed for a Wireless Telecommunication Facility, the owner/operator of the Facility shall also be required as a condition of issuance of a building permit to post a cash or surety bond acceptable to the City Law Director of not less than thirty dollars ($30.00) per linear foot of access drive. The bond(s) shall insure that an abandoned, obsolete or destroyed Wireless Telecommunication Facility and/or access drive shall be removed within one hundred eighty- one (181) days of cessation of use or abandonment. Any successor-in- interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee owns or occupies the Facility.
(2) The owner/user of the Wireless Telecommunication Facility shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the Zoning Administrator as to the continuing operation of each of its Facilities within the City.
(3) If at any time the use of the Wireless Telecommunication Facility is discontinued for one hundred eighty-one (181) consecutive days, the Facility shall be deemed abandoned. The Zoning Administrator shall notify the owner/user in writing and advise that the Facility must be reactivated within ninety (90) days or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same ninety (90) day period, all at the cost of the owner/user. The owner/user shall have the right to appeal the Zoning Administrator’s decision to require removal of an abandoned Facility to the Board of Zoning Appeals pursuant to Chapter 175 of the Codified Ordinances.
(i) FEES. In addition to any other fees required under the City’s Planning and Zoning Code and Building Code, the Zoning Administrator and/or Building Inspector shall cause to be collected the following fees in connection with applications for Facilities covered by this section.
(1) New Wireless Telecommunication Facility - fifteen hundred dollars ($1,500.00) deposit upon which expenses incurred by the City will be drawn and the unused balance, if any, returned to the applicant upon final inspection prior to authorization of commencement of the use.
(2) New Wireless Telecommunication Antenna and related Facilities (without a Tower) - five hundred dollars ($500.00).
(3) Annual inspection fee for Wireless Telecommunication Antenna and related Facilities that have been erected after the effective date of this Planing and Zoning Code - one hundred dollars ($100.00).
(j) The applicant for a Wireless Telecommunication Tower and/or Antenna Facility shall be responsible for all expenses incurred by the City for any technical and/or engineering services deemed necessary by the Zoning Administrator, the Planning Commission, or the Board of Zoning Appeals, to perform any reviews required by the Codified Ordinances which are not covered by the fees set forth in this section.
(k) EXISTING STRUCTURES. Subject to the provisions of this section, any Wireless Telecommunication Tower and/or Antenna Facility erected prior to the effective date of this Planning and Zoning Code is hereby declared to be a legal nonconforming structure.
(l) EXEMPTION OF CERTAIN CITY PROPERTY. Regardless of the provisions of this section, a Wireless Telecommunication Facility may be permitted on any property owned or controlled by the City and used for public services and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by the Council.
(m) VARIANCE. The Planning Commission has exclusive authority to any other board or commission to recommend the granting of a variance to any of the provisions of this Section 1127 as applied to any Wireless Telecommunication Facility application pending before the Planning Commission, except that, notwithstanding any other section of this Planning and Zoning Code, no variance shall be granted as it relates to siting of a wireless telecommunication tower. The Planning Commission shall make a determination on a proposed variance of any provisions of this section based on the criteria (1) through (8) of this subsection (m), inclusive. The Planning Commission’s consideration of a variance under this subsection shall not be based upon the environmental effects of radio frequency emissions from the Facility so long as the applicant’s proposed Facility will meet the Federal Communications Commission’s (FCC) requirements for such emissions.
(1) The Wireless Telecommunication Facility as proposed will be in keeping with the land use policies established by the City.
(2) The Facility as proposed will be in harmony with the general and specific purposes for which the Planning and Zoning Code, including this chapter, were enacted and for which the regulations of the district in question were established.
(3) The Facility as proposed will not create any public nuisance.
(4) The Facility as proposed will not have a substantial or undue adverse impact upon adjacent property, the character of the neighborhood or area, or the public peace, health, safety and general welfare.
(5) The Facility as proposed will be constructed, arranged and operated so as not to excessively interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(6) The Facility as proposed will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection.
(7) The Facility as proposed will not result in unnecessary destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(8) The Facility as proposed complies with all other standards imposed on it by this chapter.
(Ord. 074-10. Passed 12-20-10.)
1127.22 CULTIVATION, PROCESSING, TESTING, PACKING, STORAGE, OR RETAIL DISPENSING OF MEDICAL MARIJUANA PROHIBITED IN ALL DISTRICTS.
(a) The cultivation, processing, testing, packing, storage, or retail dispensing of medical marijuana shall be a prohibited use in all zoning districts within the City of Napoleon.
(b) Use of property in violation of this section shall constitute a nuisance.
(c) In addition to other penalties provided by law, the Director of Law shall be authorized to institute civil proceedings in a court of competent jurisdiction to enjoin violations of this Section; for monetary damages arising from violations of this Section; and to take all actions necessary to secure enforcement of any injunction and collect upon any damage award, judgment, or fine in contempt levied in relation to a violation of this Section.
(Ord. 059-17. Passed 11-6-17.)
1129.01 PURPOSE AND ADMINISTRATION.
(a) The purpose of this chapter is to recognize the existence of uses, buildings, lots, and structures that lawfully existed at the time of this Planning and Zoning Code enactment, for amendments thereto, but which now does not conform to one or more of the regulations contained in this Planning and Zoning Code. Such nonconforming status shall be permitted to continue only in conformance with this chapter. The provisions are intended to encourage greater compliance with this Planning and Zoning Code in the short term and eliminate nonconforming uses in the long term.
(b) The Zoning Administrator shall determine if a use, lot, structure, or site is less nonconforming than another use, lot, structure, or site based upon criteria such as land use intensity, required parking spaces, trip generation, potential nuisances, setbacks, bulk, or other criteria relevant to the intent of this Planning and Zoning Code.
(c) An applicant and/or owner of property that deals with nonconformity shall bear the burdon of proof in demonstrating that the use was a legal nonconformity on the effective date of this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1129.02 CONTINUATION OF NONCONFORMING USES AND COMPLETION OF NONCONFORMING PROJECTS.
(b) Nonconforming projects may be completed only in accordance with the provisions of this chapter.
(c) Nonconforming uses as a result of annexation shall be treated as a legal nonconforming use so long as it was otherwise legal under the township zoning immediately prior to annexation.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1129.03 NONCONFORMING LOTS.
(b) When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements cannot reasonably be complied with, then the Board of Zoning Appeals may allow deviations from the applicable setback requirements if it finds that:
(1) The property cannot reasonably be developed for the use proposed without such deviations.
(2) These deviations are necessitated by the size or shape of the nonconforming lot, and
(3) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.
(c) For the purposes of subsection (b), compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(d) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures on it. A change in the use of a developed nonconforming lot may be accomplished in accordance with Section 1129.06.
(e) If an undeveloped nonconforming lot adjoins and has continuous frontage with one (1) or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his or her successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street that are within 500 feet where such lot is located are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.
(Ord. 074-10. Passed 12-20-10.)
1129.04 EXTENSION OR ENLARGEMENT OF NONCONFORMING USE PROHIBITED.
(a) Except as specifically provided in this Planning and Zoning Code, no person may engage in any activity that causes an increase in the extent of a nonconforming use.
(Ord. 074-10. Passed 12-20-10.)
1129.05 REPAIR, MAINTENANCE AND RECONSTRUCTION.
(a) On any nonconforming structure or portion thereof containing a nonconforming use, ordinary repairs and routine maintenance to the structure and property is allowed; provided however, that the cubic content existing when it became nonconforming is not increased.
(b) Should the nonconforming structure or nonconforming portion thereof be damaged by more than fifty percent of its fair market value, as estimated by a professionally recognized or certified appraiser, by fire, neglect, or by an act of God, it may, only after a zoning permit is issued, be reconstructed as it previously existed and restored on the same building footprint. All remaining debris shall be cleared away and disposed of properly within two months of the time of destruction. The nonconforming structure may be restored on the same footprint, provided such restoration begins two months after the damage occurred and is completed by the time period designated in the zoning permit.
(c) The Zoning Administrator shall issue a permit if he or she finds that in completing the renovation, repair, or replacement work that the permittee will comply to the extent reasonably possible with all provisions of this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1129.06 CHANGE IN USE OF PROPERTY WHERE A NONCONFORMING USE EXISTS.
(a) A change in use of property (where a nonconforming use exists) that is sufficiently substantial as to require a new zoning or conditional-use permit in accordance with Chapter 1141 may not be made except in accordance with subsections (b) through (d) of this section. However, this requirement shall not apply if only a sign permit is needed.
(b) If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of the Planning and Zoning Code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this Planning and Zoning Code is achieved, the property may not revert to its nonconforming status.
(c) If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this Planning and Zoning Code applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this Planning and Zoning Code to issue a permit for that particular use finds, in addition to any other findings that may be required by this Planning and Zoning Code, that:
(2) All of the applicable requirements of this Planning and Zoning Code that can reasonably be complied with will be mandated compliance (compliance with a requirement of this Planning and Zoning Code is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or without moving a substantial structure that is on a permanent foundation). Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.
(d) If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the entity authorized by this Planning and Zoning Code to authorize the issuance of a permit for that particular use finds, in addition to other findings that may be required by this Planning and Zoning Code, that:
(1) The use requested is one that is permissible in some zoning district with either a zoning or conditional-use permit; and
(2) All of the conditions applicable to the permit authorized in subsection (c) of this section are satisfied; and
(3) The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for issuance.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1129.07 ABANDONMENT AND DISCONTINUANCE OF NONCONFORMING USES.
(a) Nonconforming land use, structure, or portion thereof, shall not be reinstated if it is discontinued for a period of six consecutive months. Thereafter any use of the premises shall conform to the use regulations of the district in which the property is located. The intent to continue a nonconforming use shall not be assumed to be evidence of its continuance.
(b) Nonconforming land use, structure, or portion thereof, that has been made conforming shall not be made nonconforming.
(c) When a structure or operation is made nonconforming by the enactment of this Planning and Zoning Code or any amendment thereto, and the structure thereafter becomes vacant or the operation is discontinued, the six consecutive month period for purposes of this section shall begin at time the vacancy occurs or the operation is discontinued.
(Ord. 074-10. Passed 12-20-10.)
1129.08 NONCONFORMING PROJECT PERMITS.
(a) All nonconforming projects on which application for a zoning permit was issued may proceed under this Planning and Zoning Code in existence at the time of application so long as these permits were validly issued and unexpired. A zoning permit issued under this chapter expires one (1) year after date of issuance.
(b) The Zoning Administrator shall establish expedited procedures for hearing applications for permits under this section. (Procedures listed previously in this Planning and Zoning Code under Board of Zoning Appeals and/or Planning Commission whichever apply, shall be the established procedures).
(Ord. 074-10. Passed 12-20-10.)
1131.01 RESIDENTIAL DISTRICTS ESTABLISHED/GENERAL PROHIBITIONS.
The following residential districts are hereby established:
(a) R-1,
(b) R-2,
(c) R-3, and,
(d) R-4.
Each district is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts may be further explained in the remainder of this Planning and Zoning Code.
(a) The R-1 SUBURBAN RESIDENTIAL DISTRICT provides for the development of moderate and low-density, single-family residential development, and is adaptable to urban or suburban locations. It is generally located in the prime expansion areas of the City.
(b) The R-2 LOW-DENSITY RESIDENTIAL DISTRICT provides to preserve the fine tradition of very stable areas presently committed to moderate-density single-family residential development. This District is designed for areas having approved public water supply and sanitary sewer systems.
(c) The R-3 MODERATE-DENSITY RESIDENTIAL DISTRICT provides for moderate-density single-family and two-family residential development and bed and breakfast facilities. This District is designed for areas having approved public water supply and sanitary sewer systems.
(d) The R-4 HIGH-DENSITY RESIDENTIAL DISTRICT provides for a wide range of dwelling types, including single-family, two-family, and multi-family dwellings, and assisted living facilities, and selected neighborhood businesses. This District is designed for areas having approved public water supply and sanitary sewer systems.
(e) Prohibitions in All Residential Zoning Districts. The following are prohibited in all residential zoning districts:
(1) No travel trailer, basement, tent, shack, garage, barn or shed shall at any time be used as a dwelling, temporary or permanent; nor shall any structure of a temporary character be used as a dwelling.
(2) The lot(s) shall not be used for any purpose nor in any way which when allowed to continue may endanger the health, safety or welfare of occupants of adjacent lots of land or unreasonably disturb the peaceful enjoyment thereof.
(3) No stables, cattle yards, kennels, hog pen, fowl yard, or fowl house, cesspool, septic tank, privy vault or any form of privy shall be erected or placed on any lot of land; nor shall any live poultry, hogs, cattle, or other livestock, as one or many, or any noxious, dangerous or offensive things whether of the character of those hereinbefore mentioned be permitted or maintained.
(4) Except as provided in (e)(4)A. of this section, no vehicle may park in a front yard except in a driveway. No vehicle in excess of twenty-seven (27) feet shall be parked in this district. Trucks and trailers described and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, busses, construction vehicles, equipment vehicles and equipment carriers, bottling works delivery trucks, grain trucks and refrigerated trucks, are prohibited from parking in this district. Any vehicle (except recreational trailers and recreational vehicles) in excess of 10,000 pounds gross weight is prohibited from parking in this district. Inoperable, partially dismantled, or unlicensed vehicles and trailers shall be parked within an enclosed structure. No more than two recreational vehicles or trailers of any type, or a combination thereof, may be parked in this district on any lot unless on a driveway.
A. Exceptions: any type commercial vehicle, regardless of gross vehicle weight, delivering or picking up merchandise for delivery or employed in performing a repair or construction service, may park for the purpose of making such pickup or delivery, or for the duration of the period during which a repair or construction service is being performed on or to property in the area where parked.
(5) Accessory buildings are allowed to be constructed on any residentially zoned building lot subject to the following provisions:
A. No more than two accessory buildings or structures with a combined gross floor area of 1000 square feet shall be allowed on a residentially zoned building lot; and,
B. Accessory buildings and structures are subject to other zoning regulations applicable to the district in which they are located.
(Ord. 074-10. Passed 12-20-10.)
1131.02 DENSITY AND DIMENSIONAL REGULATIONS FOR R-R RURAL RESIDENTIAL DISTRICT. (REPEALED)
1131.03 DENSITY AND DIMENSIONAL REGULATIONS FOR R-1 SUBURBAN RESIDENTIAL DISTRICT.
The following applies to an R-1 Suburban Residential District:
(b) Number of Buildings on a Zoning Lot. Not more than one principal detached building or structure shall be located on a zoning lot.
(d) Minimum Setback Lines. The minimum setback lines shall be in accordance with Chapter 1147 and this section.
(e) Maximum Height of Buildings. The maximum height of buildings shall be in accordance with Chapter 1147.
(j) Any other requirements applicable to a R-1 Zoning District as found in Chapter 1147 shall apply.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1131.04 DENSITY AND DIMENSIONAL REGULATIONS FOR R-2 LOW-DENSITY RESIDENTIAL DISTRICT.
The following applies to an R-2 Low Density Residential District:
(b) Number of Buildings on a Zoning Lot. Not more than one principal detached building or structure shall be located on a zoning lot.
(d) Minimum Setback Lines. Minimum setback lines shall be in accordance with Chapter 1147 and this section.
(e) Maximum Height of Buildings. The maximum height of buildings shall be in accordance with Chapter 1147.
(i) Floor Area, Minimum. The minimum permissible floor area shall be in accordance with Chapter 1147.
(j) Any other requirements applicable to a R-2 Zoning District as found in Chapter 1147 shall apply.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1131.05 DENSITY AND DIMENSIONAL REGULATIONS FOR R-3 MODERATE-DENSITY RESIDENTIAL DISTRICT.
The following applies to an R-3 Moderate-Density Residential District:
(b) Number of Buildings on a Zoning Lot. Not more than one principal detached building or structure shall be located on a zoning lot.
(d) Minimum Setback Lines. The minimum permissible setback lines shall be in accordance with Chapter 1147 and this section.
(e) Maximum Height of Buildings. The maximum permissible height of buildings shall be in accordance with Chapter 1147.
(i) Floor Area, Minimum. The minimum permissible floor area shall be in accordance with Chapter 1147.
(j) Any other requirements applicable to a R-3 Zoning District as found in Chapter 1147 shall apply.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1131.06 DENSITY AND DIMENSIONAL REGULATIONS FOR R-4 HIGH-DENSITY RESIDENTIAL DISTRICT.
The following applies to a R-4 High Density Residential District:
(b) Number of Buildings on a Zoning Lot. Not more than one principal detached building or structure shall be located on a zoning lot.
(d) Minimum Setback Lines. The minimum setback lines shall be in accordance with Chapter 1147 and this section.
(e) Maximum Height of Buildings. The maximum height of buildings shall be in accordance with Chapter 1147.
(i) Floor Area, Minimum. The minimum permissible floor area shall be in accordance with Chapter 1147.
(j) Any other requirements applicable to a R-4 Zoning District as found in Chapter 1147 shall apply.
(Ord. 074-10. Passed 12-20-10.)
1133.01 COMMERCIAL DISTRICTS ESTABLISHED.
The following commercial districts are hereby established:
(a) C-1,
(b) C-2,
(c) C-3,
(d) C-4, and
(e) C-5.
These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.
(a) The C-1 GENERAL COMMERCIAL DISTRICT is intended to serve as the primary business district (Downtown Business District) of the community, where a full range of goods and services are offered and where the greatest land use intensity is located. This District is the focal point for community identification, highly accessible to the entire trade area, and designed primarily for pedestrian- oriented services.
(b) The C-2 COMMUNITY COMMERCIAL DISTRICT is intended primarily to accommodate commercial development on a scale less intensive than the C-1 GENERAL COMMERCIAL DISTRICT. A lesser intensity of development is achieved through setback, height, and minimum lot size requirements that are more restrictive than those applied in the C-1 zone. The types of businesses permissible in these zones are generally similar to the types permissible in a C-1 zone. These zones provide a transition in some areas between a C-1 zone and a residential zone or may provide for a smaller scale business that primarily serves one neighborhood or area of the City as opposed to a regional area of the City. The dimensional restrictions in the zone are also designed to encourage, in appropriate areas, the renovation for commercial purposes of buildings that formerly were single-family dwellings.
(c) The C-3 LOCAL COMMERCIAL DISTRICT is intended primarily for office uses, personal services uses, and retail services which dispense goods and services directly to consumers. This district is designed to serve residential neighborhoods with a highly varied grouping of indoor business services which are not generators of heavy traffic.
(d) The C-4 PLANNED COMMERCIAL DISTRICT is designed to encourage well- planned commercial uses, particularly with respect to unified design, safe ingress and egress, and adequate and properly located parking and service facilities, along with convenient and safe pedestrian accessibility.
(e) The C-5 HIGHWAY COMMERCIAL DISTRICT is intended to accommodate commercial activities that draw business primarily from and provide services to highways.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1133.02 GENERAL COMMERCIAL DISTRICT PROHIBITIONS.
In any Commercial District, the following prohibitions shall supplement the regulations set forth in the district regulations.
(a) Lights utilizing flashing devices, unshielded incandescent lamps, or attention- attracting lighting from apparatus of a type used by emergency vehicles will not be permitted on any premises in a Commercial District.
(b) Exterior displays which restrict visibility or which impede the movement of pedestrians or motor vehicles shall not be permitted on public property within a Commercial District.
(c) Large trash containers (roll-offs), or large donation boxes (more than 2 foot square) shall not be installed or maintained within view of the public street or thoroughfare.
(d) Vending machines shall not be permitted in the front of any building unless set back five feet or more from the property line.
(e) Number of buildings on a zoning lot. Not more than one principal detached building or structure shall be located on a zoning lot.
(Ord. 074-10. Passed 12-20-10.)
1133.03 DENSITY AND DIMENSIONAL REGULATIONS FOR C-1 GENERAL COMMERCIAL DISTRICT.
The following applies to a C-1 General Commercial District:
(b) General Provisions. Except as provided, the conduct of permitted uses herein shall be within completely enclosed buildings. Outside storage is prohibited, except when determined by the Zoning Administrator that the storage is minimal and subordinate to the permitted use. In general, accessory uses which clearly demonstrate subordination to the permitted use are permitted.
(d) Minimum Setback Lines. The minimum permissible setback lines shall be in accordance with Chapter 1147 and this section. Nonconforming rebuild(s) shall have setbacks as determined by the Planning Commission.
(e) Maximum Height of Buildings. The maximum permissible height of buildings shall be in accordance with Chapter 1147.
(Ord. 074-10. Passed 12-20-10.)
1133.04 DENSITY AND DIMENSIONAL REGULATIONS FOR C-2 COMMUNITY COMMERCIAL DISTRICT.
The following applies to a C-2 Community Commercial District:
(b) General Provisions. Except as provided, the conduct of permitted uses herein shall be within completely enclosed buildings. Outside storage is prohibited, except when determined by the Zoning Administrator that the storage is minimal and subordinate to the permitted use. In general, accessory uses which clearly demonstrate subordination to the permitted use are permitted.
(d) Minimum Setback Lines. The minimum permissible setback lines shall be in accordance with Chapter 1147 and this section. Nonconforming rebuild(s) shall have setbacks as determined by the Planning Commission.
(e) Maximum Height of Buildings. The maximum permissible height of buildings shall be in accordance with Chapter 1147.
(g) Off-Street Parking Space (see Chapter 1139). Off-street parking facilities screened by dense planting or by a decorative fence may be constructed within the front yard but not closer than 20 feet to the front lot line.
(Ord. 074-10. Passed 12-20-10.)
1133.05 DENSITY AND DIMENSIONAL REGULATIONS FOR C-3 LOCAL COMMERCIAL DISTRICT.
The following applies to a C-3 Local Commercial District:
(b) General Provisions. The conduct of permitted uses herein shall be within completely enclosed buildings, except for accessory off-street parking and loading facilities.
Establishments where the principal use is the drive-in type of business are not permitted.
All goods produced on the premises as incidental or essential to the principal uses shall be sold at retail on the premises.
(d) Minimum Setback Lines. The minimum permissible setback lines shall be in accordance with Chapter 1147 and this section. Nonconforming build(s) shall have setbacks as determined by the Planning Commission.
(e) Maximum Height of Buildings. The maximum permissible height of buildings shall be in accordance with Chapter 1147.
(g) Off-Street Parking Space (see Chapter 1139). Off-street parking facilities screened by dense planting or by a decorative fence may be constructed within the front yard but not closer than 20 feet to the front lot line.
(Ord. 074-10. Passed 12-20-10.)
1133.06 DENSITY AND DIMENSIONAL REGULATIONS FOR C-4 PLANNED COMMERCIAL DISTRICT.
The following applies to a C-4 Planned Commercial District:
(b) General Provisions.
(1) The conduct of permitted uses herein shall be within completely enclosed buildings.
(2) Property used for permitted commercial uses abutting property in any residential district shall be provided with a green belt or planting area at least 15 feet in width along the property lines which abut the residentially zoned property. A planting screen consisting of suitable shrubbery shall be provided and maintained within such planting area to provide a tight screen effective at all times of the year. The planting shall be of such size and density in side and rear yards so that it will reach a height of not less than five feet, and provide the required tight-screening effect not later than one year after planting. The maximum planting height at the front street frontage shall be three feet.
(4) Entrances and exits serving permitted uses shall be so located to minimize any adverse effect on adjacent property or the public street. Not more than two driveways with an aggregate maximum width of 30 feet at the property line shall be permitted unless the area served has been approved through the conditional use processes.
(5) Outside storage, including continued storage of automobiles, trucks, or trailers, is not permitted, except by conditional use.
(6) Property used for permitted commercial uses shall be provided with a green belt or planting area at least ten feet in width on side and rear property lines. A similar area not less than 15 feet wide shall be provided at front property lines. Shrubs or decorative planting at the front property line shall not exceed three feet in height.
(7) Off-street parking spaces and accessory uses such as filling station pumps and islands, signs and light standards, and access drives may be located in the required front yard, but not within 20 feet of the front lot line. Said strip of land shall be maintained as a lawn area with occasional tree and shrub plantings.
(d) Minimum Setback Lines. The minimum setback lines shall be in accordance with Chapter 1147 and this section. Nonconforming rebuild(s) shall have setbacks as determined by the Planning Commission.
(e) Maximum Height of Buildings. The maximum permissible height of buildings shall be in accordance with Chapter 1147.
(g) Off-Street Parking Space (see Chapter 1139). In addition to the requirements of Chapter 1139 inclusive in a C-4 Planned Business District, off-street parking facilities screened by dense planting or by a decorative fence may be constructed within the front yard but not closer than 20 feet to the front lot line.
(Ord. 074-10. Passed 12-20-10.)
1133.07 DENSITY AND DIMENSIONAL REGULATIONS FOR C-5 HIGHWAY COMMERCIAL DISTRICT.
This District is intended to accommodate commercial activities that draw business primarily from and provide services to highways.
(b) General Provisions. Vendors of Adult merchandise, services, or entertainment subject to the following: Sexually oriented business must meet all other requirements of this Planning and Zoning Code and may not be located closer than 500 feet from:
(1) A church.
(2) A public or private elementary or secondary school.
(3) A boundary of a residential district.
(4) A public park adjacent to a residential district.
(5) An already existing sexually oriented business or one that has received a conditional use permit.
(d) Minimum Setback Lines. The minimum setback lines shall be in accordance with Chapter 1147 and this section. Nonconforming rebuild(s) shall have setbacks as determined by the Planning Commission.
(e) Maximum Height of Buildings. The maximum permissible height of buildings shall be in accordance with Chapter 1147.
(f) Maximum Lot Coverage. The maximum permissible lot coverage shall be in accordance with Chapter 1147.
(Ord. 074-10. Passed 12-20-10.)
1135.01 INDUSTRIAL DISTRICTS ESTABLISHED.
The following districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment:
I-1, and,
I-2.
The limitations in the I-1 District are more restrictive than those in the I-2 District.
(a) The I-1 ENCLOSED INDUSTRIAL DISTRICT is intended as one in which manufacturing, fabricating, processing, repairing, dismantling, storing, or disposing of equipment, raw materials, or manufactured products is conducted entirely within enclosed buildings. Screening, meeting the same requirements as found in Section 723.03 of the City’s Codified Ordinances, regardless of the type of facility or operations, of storage, parking (employee parking excluded), and loading areas is essential in this district as it is usually located adjacent to residential areas and may serve as a buffer between the I-2 OPEN INDUSTRIAL DISTRICT and commercial or residential districts.
(b) The I-2 OPEN INDUSTRIAL DISTRICT is intended as one in which the manufacturing, fabricating, processing, repairing, dismantling, storing, or disposing of equipment, raw materials, or manufactured products may be conducted in the open or within a building enclosure.
(Ord. 074-10. Passed 12-20-10.)
1135.02 DENSITY AND DIMENSIONAL REGULATIONS FOR I-1 ENCLOSED INDUSTRIAL DISTRICT.
The following applies to an I-1 Enclosed Industrial District:
(b) General Provisions. Screening of storage, parking, and loading areas is required, moreover, operations of facilities are required to be conducted entirely within an enclosed building or structure.
(d) Minimum Setback Lines. The minimum permissible setback lines shall be in accordance with Chapter 1147 and this section.
(e) Maximum Height of Buildings. The maximum building height for all buildings shall be 60 feet.
(f) Maximum Lot Coverage. Lot coverage shall not exceed 60% of the lot area.
(g) Off-Street Parking Space (see Chapter 1139). In an I-1 Enclosed Industrial District in addition to the requirements of Chapter 1139, off-street parking facilities screened by dense planting or by a decorative fence may be constructed within the front yard but not closer than 20 feet to the front lot line.
(i) Any other requirements applicable to a I-1 Zoning District as found in Chapter 1147 shall apply.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1135.03 DENSITY AND DIMENSIONAL REGULATIONS FOR I-2 OPEN INDUSTRIAL DISTRICT.
The following applies to an I-2 Open Industrial District.
(c) Minimum Setback Lines. The minimum permissible setback lines shall be in accordance with Chapter 1147 and this section.
(d) Maximum Height of Buildings. The maximum permissible height of all buildings shall be in accordance with Chapter 1147.
(e) Maximum Lot Coverage. The maximum permissible lot coverage shall be in accordance with Chapter 1147.
(f) Off-Street Parking Space (see Chapter 1139). Off-street parking facilities screened by dense planting or by a decorative fence may be constructed within the front yard but not closer than 20 feet to the front lot line.
(h) Any other requirements applicable to a I-2 Zoning District as found in Chapter 1147 shall apply.
(Ord. 074-10. Passed 12-20-10.)
1137.01 FLOOD PLAIN AND FLOODWAY DISTRICTS ESTABLISHED.
(a) The FP FLOODPLAIN AND FLOODWAY DISTRICTS are hereby established as "overlay" districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only to the extent such use is also permitted in the applicable overlay district. The FP Floodplain and Floodway District is intended for those areas adjoining any waterway which have been or may be expected hereafter to be covered by flood water, as determined by historical and technical studies. The FP Floodplain and Floodway District is created to protect the public health and safety, and to reduce the financial burdens which may be imposed on the community as a result of the improper use of lands having excessively high water tables or which are subject to periodic flooding.
(b) Performance Standards for Existing Uses.
(1) Maintenance and repair work may be accomplished that will protect the existing structure and will not create additional flood hazard on the premises.
(2) Subject to established height restrictions in the zone district, additions may be constructed to existing buildings if the new addition foundation top is one foot above the flood plain elevation.
(3) New additions not greater than 10% of the existing floor area may be constructed at the same elevation as the existing foundation structure if the new addition will not add to the flood hazard on the premises.
(c) Flood Plain and Floodway District Conditional Uses.
(1) New buildings or major additions to existing buildings shall be constructed with the lowest floor elevation three feet above flood height. Basements shall not be approved with openings below the flood height elevation.
(2) Any structures permitted shall be so located as to offer minimum obstruction to the flow of water.
(3) Filling and re-grading land shall be permitted if the proposed filling and grading is approved by the Ohio Department of Natural Resources and/or any other governmental agency having jurisdiction.
(4) All developments shall have engineered plans and procedures and demonstrate proper plats.
(5) Applications for a flood plain conditional use permit shall be filed with the Zoning Administrator containing the following information:
A. A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for the development.
B. A site plan indicating the arrangement and location of each building on the premises. The site plan shall also include a topographic survey having contour lines shown on a five foot interval.
C. The flood plain development requests shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1138.01 DEFINITIONS. (REPEALED)
1138.02 CREATION OF PRESERVATION DISTRICT.
Council hereby declares as a matter of public policy that distinctive areas of the City where structures tend to be more than fifty (50) years of age exemplify a predominant architectural style, possess historical significance, and/or portray the early development of the City collectively contribute to the economic, cultural, and educational development of the City; further, Council hereby declares as a matter of public policy that the preservation and enhancement of such historic buildings and areas in the City is a public necessity and is required in the interest of the health, safety, and welfare of the people; moreover, Council hereby declares the necessity to identify areas, places, buildings, structures, sites, objects, and works of art based upon historic, architectural, archaeological, or cultural significance related to the historical development of the City for establishment as a preservation district; finally, Council hereby declares the necessity to have a Preservation Commission and shall establish the same along with procedures for the enforcement of historic design review guidelines whereby historic, architectural, archaeological, and cultural resources within a duly designated preservation district are afforded protection from actions that would be detrimental to their preservation, enhancement, and continued use, as well as to prevent inappropriate or incompatible construction within the preservation district. Purely residential structures are expressly exempt from regulation under this chapter.
(Ord. 032-09. Passed 5-21-09.)
1138.03 PURPOSES.
The purposes of this chapter are:
(a) To establish procedures whereby certain specified areas of the City are afforded protection from actions that would be detrimental to preserving established historic and cultural resources in the community, and to pursue the following objectives:
(1) Maintain and enhance the distinctive character of historic buildings and historic areas;
(2) Safeguard the architectural integrity of historic properties and resources within designated districts;
(3) Seek alternatives to demolition or incompatible alterations within designated areas before such acts are performed; and,
(4) Encourage development of vacant properties in accordance with the character of the designated districts.
(b) To contribute to the economic, cultural and educational development of the City by:
(1) Protecting and enhancing the City's attractions to prospective residents, businesses, and visitors;
(2) Providing support and stimulus to business and industry;
(3) Strengthening the economy of the City by stabilizing and improving property values; and,
(4) Facilitating reinvestment in and revitalization of certain older districts and neighborhoods.
(Ord. 032-09. Passed 5-21-09.)
1138.04 ESTABLISHMENT OF DISTRICT IN ZONE MAP.
The preservation district shall be established on the official zoning map as an overlay district encompassing all commercial buildings in the downtown of the City. As an overlay district, the requirements of both the preservation district and the underlying zoning district shall apply. (Ord. 032-09. Passed 5-21-09.)
1138.05 CERTIFICATE OF APPROPRIATENESS REQUIRED.
(a) Within the boundaries of any preservation district established, a certificate of appropriateness shall be required from the Preservation Commission, regardless of any other rule, regulation or law governing the same or similar matter before any owner of property used for commercial purposes may receive a zoning permit or commence work for any proposed construction, reconstruction, alteration, replacement, repair, modification, or demolition of a structure, exterior wall, or exterior architectural feature of any building or structure, including installation or visible changes to fences, signs, or other visible exterior improvements.
(b) Exclusions.
(1) Normal maintenance and repair. Now or hereafter in the preservation district, nothing in this section shall be construed to prevent any normal maintenance or repair of a structure or architectural feature which does not involve a change in material, architectural design, arrangement, or texture. At this time, no review of color is required.
(2) Demolition after substantial damage. Any structure that has been burned or damaged by an event not within the landowner's control and where more than fifty (50%) percent of the structure is substantially "affected," may be demolished, regardless of the building's significance.
(3) Emergency orders. Nothing in this section shall be construed as to prevent the alteration, change, construction, reconstruction, or demolition of any structure or architectural feature which any governmental authority designates as being unsafe or presents a dangerous condition as may be required for the public safety pursuant to any applicable City code.
(Ord. 032-09. Passed 5-21-09.)
1138.06 HISTORIC DISTRICT GUIDELINES.
This section provides design review standards for buildings and structures within the preservation district which have been designated as a historic resource by Council or where such designation has been recommended by the Preservation Commission and is pending Council approval, as well as standards for new or existing buildings and structures which do not qualify as a historic resource. These standards are designed to promote redevelopment of historic structures and compatible new development within the preservation district.
(a) Standards for Historic Resources. In reviewing proposed alterations or changes to property, the Preservation Commission shall use as evaluative criteria the most recent update of the "United States Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings" by Morton, Hume, Weeks, and Jandl (U.S. National Park Service, Preservation Assistance Division, 1991, as reprinted in 1997). These standards and guidelines are referenced and made a part of this planning and zoning code. The ten (10) standards are restated herein:
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historic development, such as architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of skilled craftsmanship that characterize a historic property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing architectural features shall be substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(b) Standards for Properties Not Designated as Historic Resources. For property, except purely residential structures, which is not a designated or recommended historic resource, the Preservation Commission shall determine appropriateness by whether the proposed activity will have a negative effect on the historic character and visual integrity of the preservation district. Building architecture, materials, and height should be designed to complement and coordinate with historic resources in the preservation district. If new materials are to be used for buildings that are architecturally undistinguished, they should be selected to coordinate with neighboring structures and to complement the design of the structure. Color selection shall not be subject to review.
(c) New Construction Design Standards. Any proposed new construction in the preservation district shall not be limited to any one historical period or architectural style, but shall seek to be evocative of the general architectural styles, historic character, and preserve the architectural integrity of existing historic resources in the district. For example, new buildings should maintain the repetitive storefront widths along established block facades to create a unified street wall. On traditional storefront buildings, recessed entrances are encouraged.
(d) Vacant Structure Maintenance Required. The owner of an historic structure or any structure within preservation district, if such structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
(e) Demolition Applications. Subject to Section 1138.05(b), and subject to an administrative review before the Preservation Commission, demolition of a structure in the preservation district shall only be approved when the structure contains no features of architectural or historic significance, where the structure does not contribute to maintaining the character of the preservation district, and where the applicant allows for reasonable salvage of significant architectural features prior to the issuance of the demolition permit. Factors for consideration may include: the building's historic, architectural, and urban design significance; whether the building is one of the last remaining examples of its kind in the neighborhood, the City, or the region; whether the structure has historic events or persons associated with it; and the building's condition. If the building is not properly secured and is lost during this period due to fire or other causes, then the action is treated as an unlawful demolition.
(Ord. 032-09. Passed 5-21-09.)
(Ord. 032-09. Passed 5-21-09.)
1138.07 ZONING ADMINISTRATOR.
The Zoning Administrator of the City shall receive all applications for Certificates of Appropriateness. The Zoning Administrator shall ensure that any application for a Zoning Permit, where a Certificate of Appropriateness is also required, shall first receive a Certificate of Appropriateness from the Preservation Commission prior to Zoning Permit application review. The Zoning Administrator shall enforce all approvals issued by vote of the Preservation Commission by including any conditions in a Certificate of Appropriateness as part of the conditions of a subsequent Zoning Permit.
(Ord. 032-09. Passed 5-21-09.)
1138.08 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS.
(a) Application Requirements. Blank applications for a Certificate of Appropriateness shall be available at the City's principal office or other places as deemed appropriate by the Zoning Administrator.
(1) The application must be completed in full and shall include:
A. Address of the property for which the Certificate of Appropriateness is being requested;
B. Property owner's name, phone number, mailing address;
C. Tenant's name and mailing address, if applicable;
D. A narrative which clearly describes the proposed activity subject to Preservation Commission review.
(2) An application for a Certificate of Appropriateness shall be accompanied by:
A. Color photos of each building elevation of an adequate size, detail, and clarity for reasonable use by the Preservation Commission;
B. Sketches of proposed new construction facades, or changes to each exterior wall, or proposed installation or visible changes to signs, fences, and/or other visible exterior improvements. Sketches shall be drawn as near as possible to scale and be easily understandable. Sketches shall depict and fully describe using notations all proposed changes and additions, including:
1. Structural changes which impact the exterior of the building;
2. All windows and doorways;
3. Roof lines;
4. Signage;
C. A description of the proposed materials to be used;
D. A request for a Certificate of Appropriateness shall be accompanied by any applicable fees as may be directed by ordinance of Council.
(b) Determination of Completeness. Upon receipt of a request for a Certificate of Appropriateness, the Zoning Administrator shall make a determination the application is complete. The applicant shall be informed of any omissions to the application. The determination that an application is "complete" shall be noted on the face of the application by the Zoning Administrator. Complete applications shall be forwarded to the Clerk of the Preservation Commission.
(Ord. 032-09. Passed 5-21-09.)
(Ord. 032-09. Passed 5-21-09.)
1138.09 ADMINISTRATIVE HEARING PROCEDURES.
(a) Hearing Date for Certificate of Appropriateness. An application for a Certificate of Appropriateness shall require review by the Preservation Commission at an administrative hearing.
(1) General applications. Upon receipt of a "complete" application for a Certificate of Appropriateness from the Zoning Administrator, the Clerk for the Preservation Commission shall contact the Chairman to set the date and time for an administrative hearing to review the application. The administrative hearing shall be designated neither less than ten (10) days nor more than forty-five (45) days from the date of application. The Clerk shall forward complete applications to the members of the Preservation Commission as soon as possible.
(2) Hearing date for demolition applications.
A. Where a structure has not been reviewed for designation as a Historic Resource, but the building or structure at issue is found to be both "significant" and "preferably preserved," review for demolition may be delayed up to ninety (90) days to allow for a determination of historical or architectural merit.
B. Where a structure has been recommended as a Historic Resource by the Preservation Commission and is pending Council approval, the hearing date shall be delayed and the status quo preserved pending designation to prevent anticipatory demolitions.
C. Where a structure is designated as a Historic Resource by Council, a hearing on the demolition application may be delayed up to twenty-four (24) months to allow the Preservation Commission, preservation organizations, concerned citizens, and others to explore alternatives to demolition, such as finding a purchaser for the structure or raising money for its rehabilitation.
(b) Public Notice of Hearing. The public shall be given notice of: the date, time, and place of the administrative hearing; a short description of the purpose, location of the subject property, and the review body involved; and informed that a copy of the application, together with all maps, plans, and reports submitted with reference thereto, shall be on file for public examination in the office of the Zoning Administrator. Notice shall be provided as follows:
(1) First class mail. The Zoning Administrator shall cause to be provided written notice by first class mail or hand delivery to the applicant and all property owners within two hundred (200) feet of the subject property at least ten (10) days in advance of the date the Preservation Commission is to convene to review the request. Such notice shall also be sent by first-class mail to any person who within the past twelve (12) months has submitted a written request to the Zoning Administrator to be notified of any application for a Certificate of Appropriateness.
(2) Sign. Notice shall also be posted by a sign placed by the Zoning Administrator on the subject property and visible from the public right-of-way for at least ten (10) days prior to the date of the hearing.
(c) Administrative Hearing Proceedings. All administrative hearings of the Preservation Commission shall be open to the public.
(1) Upon convening a public hearing, the Chairman shall:
A. State the application pending, indicate the dates and methods public notice was provided, and state the standard set forth in this chapter for the granting of the application.
B. The Chairman shall recognize any City staff report and recommendation prepared on the application.
C. Administer the oath to each person presenting testimony to the Preservation Commission at the hearing. The oath may be given on an individual basis or to all persons present; however, where the oath is given as a group, the Chairman shall verify that each person who presents testimony was present and gave an affirmative response.
D. The applicant and any other proponent parties in interest shall be invited to give testimony prior to opponent parties in interest. Any party in interest may be represented by an attorney or expert witness. All testimony shall be subject to cross-examination.
E. Prior to dismissing a witness, the Chairman shall recognize members of the Preservation Commission with questions or comments regarding the testimony. Members of the Preservation Commission should examine and compare the application and testimony against the applicable Historic Design Review Guidelines established for the Preservation District, and probe to separate fact from opinion and lay opinion from expert opinion. All questions and responses shall be directed through the Chairman.
F. Where additional time or information not available at the hearing is required, the Chairman may continue a hearing to a date, time, and place announced at the time the hearing is continued. Such a continuance shall not require additional public notice.
G. Upon the presentation of all relevant testimony, the Chairman shall close the administrative hearing and the Preservation Commission shall deliberate upon the application and reach a decision.
(2) The Preservation Commission shall first determine if the structure is identified by the City as a Historic Resource or has the potential for designation as a Historic Resource. If the property has the potential for designation as a Historic Resource, the Preservation Commission shall recommend it to Council and proceed with review of the application according to the Historic Design Review Guidelines as if the property has been identified as a Historic Resource. If the application does not involve a Historic Resource, the Preservation Commission shall proceed with review according to the Historic Design Review Guidelines for properties not designated as Historic Resources.
(d) Decision by the Preservation Commission. Regardless of any continuances of the hearing, the Preservation Commission shall make every reasonable effort to render a decision on the application within forty-five (45) days after the application was received, unless an extension of time is agreed to by the applicant.
(1) The Preservation Commission shall consider the application(s), plans and specifications, and determine whether the proposed construction, reconstruction, alterations, or demolition is appropriate, or whether it has an adverse effect upon the purposes of the Preservation District. The Preservation Commission shall issue its decision in the form of a written Final Order in which it expressly sets forth the findings and conclusions of fact used as the basis or rationale for the decision.
(2) Approval. If the applicant has proven by the preponderance of the evidence on the whole record that the proposed activity will have no adverse effect on a Historic Resource or the historic character or architectural integrity of all or a portion the Preservation District, then the Preservation Commission shall vote to grant the application and cause the Chairman to endorse a Certificate of Appropriateness and return the plans and specifications to the applicant, retaining a copy thereof to the extent that is used for deliberation in the hearing. All evidence and record of the proceedings may be maintained by the office of the Zoning Adminstrator, subject to disposal in accordance with a record retention schedule.
A. Approval Subject to Modifications. The Certificate of Appropriateness may include any reasonable conditions placed upon the approval regarding the proposed activity. Such conditions shall be made part of the Certificate of Appropriateness and of any subsequent zoning approval. Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other City zoning regulations and City, County and/or State building regulations.
B. Demolition. A Certificate of Appropriateness may be issued for demolition upon a finding that:
1. The structure itself, or in relation to its environs, has no significant historical, architectural, aesthetic or cultural value in its present restored condition; or,
2. Realistic alternatives (including adaptive uses) are not economically viable because of the nature or cost of work necessary to preserve such structure or realize any appreciable part of such value. Such finding shall require the applicant to submit sufficient evidence to meet the burden of proof that "bona fide," reasonable, and unsuccessful efforts to locate a purchaser for the building or structure who is willing to preserve, rehabilitate or restore the building or structure; or,
3. The demolition is consistent with, or materially furthers, the criteria and purpose of this chapter; or,
4. The applicant has agreed to accept a Demolition Permit on specified conditions approved by the Preservation Commission.
C. Additional Demolition Instruction. When a Certificate of Appropriateness is issued for demolition, the applicant shall receive further instruction that new in-fill construction in the Preservation District is subject to review by the Preservation Commission.
D. Termination. The Certificate of Appropriateness will be valid for one (1) year from the date of approval.
(3) Denial. If however, the Preservation Commission determines that the proposed construction, reconstruction, alteration, or demolition will have an adverse effect on the District and violates the spirit and purposes of these regulations, then the Preservation Commission shall deny issuance of the Certificate of Appropriateness. If the Certificate of Appropriateness is denied, the applicant shall be notified in writing of the following:
A. The reasons for denial, and recommendations for a subsequent resubmission of a modified application, if any.
B. The Preservation Commission shall offer to undertake continuing and meaningful discussions with the applicant over a period of at least thirty (30) days, but not to exceed six (6) months, from the date of denial, during which time the Preservation Commission shall search for an acceptable compromise proposal that would allow for approval.
C. Denial of Application for Demolition. In the case of a denial of an application for demolition, in addition to the offer to undertake continuing and meaningful discussions in paragraph "B" above, the Preservation Commission shall offer to investigate financial and other opportunities for the preservation of the subject property, including purchase by a third party. The Preservation Commission shall offer to continue to schedule good faith discussions at least every forty-five (45) days after the initial administrative hearing.
1. If a compromise proposal is accepted by both parties, or if the Preservation Commission later determines that preservation of a structure proposed for demolition is not feasible, the Preservation Commission may henceforth reverse its Final Order and issue a Certificate of Appropriateness.
2. If the applicant fails to meet with the Preservation Commission in good faith at the time specified, then discussions may terminate. Upon termination for any reason, the Preservation Commission shall inform the applicant in writing of the termination of such good faith discussions and that the Final Order for denial of the application shall stand.
3. If, after holding such good faith discussion over the continued discussion period, no alternative property use is developed or no offer to preserve the structure or architecturally significant features is made by the applicant, a third party, or the City, then the Preservation Commission may also consider whether failure to issue a Certificate of Appropriateness will create a situation where, because of the character of the property, it cannot be used and the result would be a taking, violating the owner's Constitutional rights. If such a finding is made, the Preservation Commission shall further determine whether a Certificate of Appropriateness may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Ordinance. In such event, the Preservation Commission may reverse its Final Order and grant the application, with or without modifications.
(Ord. 074-10. Passed 12-20-10.)
1138.10 APPEAL OF PRESERVATION COMMISSION FINAL ORDER.
An applicant who has received an approval subject to modifications or has been denied a Certificate of Appropriateness by the Preservation Commission may appeal the decision to Council, Council acting as an Administration Hearing Board.
(a) Any such appeal shall be made within thirty (30) days of the date of the Final Order or the date of termination of good faith discussions by the Preservation Commission.
(b) Grounds for the appeal shall be given by the applicant in the papers submitted and the grounds shall be limited to procedural errors by the Preservation Commission, failure by the Preservation Commission to consider the entire record presented to the Preservation Commission with respect to the application, an incomplete explanation for the decision reached by the Preservation Commission, or where there has been a clear misapplication of the Historic Design Review Guidelines.
(c) When considering an appeal, the Council shall review the entire record before the Preservation Commission.
(d) The Council may request additional information from the Preservation Commission and/or from the applicant.
(e) The Council may by two thirds vote of its current members and by motion, affirm, reverse, or modify the Preservation Commission's decision. If the Council affirms the decision, the denial of the Certificate will stand. If the Council reverses or modifies the decision of the Preservation Commission, it shall state the reasons for the reversal or modification.
(Ord. 032-09. Passed 5-21-09.)
1139.01 DEFINITIONS. (REPEALED)
1139.02 NUMBER OF PARKING SPACES REQUIRED.
(a) Except as provided in subsection (b) all developments in all zoning districts shall provide a sufficient number of parking spaces, (according to the parking tables in this chapter) to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question.
(b) In the C-1 Zoning District, the number of parking space requirements for use of basement, second, third and higher floor areas, shall be reduced by 50% from those figures stated in the parking tables in this Planning and Zoning Code.
(c) Uses in the Table of Parking Requirements (subsection (e) of this section), as indicated by a numerical reference and description keyed to the Table of Permissible Uses, Section 1145.01 et seq. When determination of the number of parking spaces required by this table results in a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.
(d) In cases of parking requirements not specifically covered, the Zoning Administrator is authorized to determine the parking requirements using this table as a guide.
(e) Table of Parking Requirements (see Table of Parking Requirements in this Planning and Zoning Code). (Ord. 074-10. Passed 12-20-10.)
1139.03 FLEXIBILITY IN ADMINISTRATION REQUIRED.
(a) The Zoning Administrator may allow deviations from the parking requirements set forth in the Table of Parking Requirements when the Zoning Administrator finds that:
(1) A residential development is irrevocably oriented toward the elderly; or
(2) A business is primarily oriented to walk-in trade; or
(3) The business does not require the number of spaces established in this Planning and Zoning Code due to the nature of the business.
(b) Whenever the Zoning Administrator allows or requires a deviation from the presumptive parking requirements set forth in the Table of Parking Requirements, the Zoning Administrator shall enter on the face of the permit the parking requirement that the Zoning Administrator imposes and the reasons for allowing or requiring the deviation.
(c) If the Zoning Administrator concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by the Table of Parking Requirements for a particular use classification is erroneous, the Zoning Administrator shall initiate a request for an amendment to the Table of Parking Requirements in accordance with the procedures set forth in Chapter 1121.
(Ord. 074-10. Passed 12-20-10.)
1139.04 PARKING SPACE DIMENSIONS.
(a) Subject to subsections (b) and (c) of this section, each parking space shall contain a rectangular area at least nineteen (19) feet long and nine (9) feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs and aisles, so long as the parking spaces so created contain within them the rectangular area required by this Planning and Zoning Code.
(b) In parking areas containing ten (10) or more parking spaces, up to twenty (20%) percent of the parking spaces need contain a rectangular area of only fifteen (15) feet in length and seven and one-half (7½) feet in width. If such spaces are provided, they shall be conspicuously designated as reserved for only small or compact cars.
(c) Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall not be less than twenty-two (22) feet in length by nine (9) feet in width.
(d) Parking for the Disabled shall be in compliance with the requirements set forth in the Americans with Disabilities Act.
(Ord. 074-10. Passed 12-20-10.)
1139.05 REQUIRED WIDTHS OF PARKING AISLES AND DRIVEWAYS.
(a) Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking (see Table A).
Table A. Aisle Width Parking Requirements. | |||||
Aisle Width | Parking Angle (in degrees) | ||||
0 | 30 | 45 | 60 | 90 | |
One-way Traffic | 13 | 11 | 13 | 18 | 24 |
Two-way Traffic | 19 | 20 | 21 | 23 | 24 |
(b) Driveways shall be not less than ten (10) feet in width for one-way traffic and eighteen (18) feet in width for two-way traffic, except that ten (10) feet-wide driveways are permissible for two-way traffic when (i) the driveway is not longer than fifty (50) feet, (ii) it provides access to not more than six (6) spaces, and (iii) sufficient turning space is provided so that vehicles need not back into a public street.
(Ord. 074-10. Passed 12-20-10.)
1139.06 GENERAL DESIGN REQUIREMENTS.
(a) Unless no other practicable alternative is available, vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged.
(b) Vehicle accommodation areas of all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
(c) Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public right-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction.
(d) Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.
(Ord. 074-10. Passed 12-20-10.)
1139.07 VEHICLE ACCOMMODATION AREA SURFACES.
(a) Vehicle accommodation areas that:
(1) Include lanes for drive-in windows, or,
(2) Contain parking areas that are required to have more than ten (10) parking spaces and that are used regularly at least five (5) days per week will be graded and surfaced with asphalt, concrete and other material that will provide equivalent protection against potholes, erosion, and dust. Specifications for surfaces shall meet the standard as set forth in the City’s Engineering Department Rules and Regulations.
(b) Vehicle accommodation areas that are not provided with the type of surface specified in subsection (a) of this section shall be graded and surfaced with crushed stone, gravel, or other suitable material to provide a surface that is stable and will help reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such a vehicle accommodation area abuts a paved street, the driveway leading from such street to such area (or, if there is no driveway, the portion of the vehicle accommodation area that opens onto such streets), shall be paved as provided in the City’s Engineering Department Rules and Regulations, for a distance of fifteen (15) feet back from the edge of the paved street or up to the property line which ever is the greater distance from the edge of the abutting street. This Subsection shall not apply to single-family or two-family dwellings or other uses that are required to have only one or two parking spaces.
(c) Parking spaces in areas surfaced in accordance with subsection (a) of this section shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with subsection (b) of this section shall be demarcated whenever practicable.
(d) Vehicle accommodation areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or markings shall be kept clearly visible and distinct.
(Ord. 074-10. Passed 12-20-10.)
1139.08 JOINT USE OF REQUIRED PARKING SPACES.
(a) One parking area may contain required spaces for several different uses, but except as otherwise provided in this chapter, the required space assigned to one use may not be credited to any other use.
(b) To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same spaces may be credited to both uses. For example, if a parking lot is used in connection with an office building on Monday through Friday but is generally ninety (90%) percent vacant on weekends, another development that operates only on weekends could be credited with ninety (90) percent of the spaces on that lot.
(c) If the joint use of the same parking spaces for two or more principal uses involves satellite parking spaces, then the provisions of the Satellite Parking Section 1139.09 are also applicable.
1139.09 SATELLITE PARKING.
(a) If the number of off-street parking spaces required by this chapter cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this Section. These off-site spaces are referred to in this Section as satellite parking spaces.
(b) All such satellite parking spaces (except spaces intended for employee use) must be located within eight hundred (800) feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for employee use may be located within any reasonable distance.
(c) The developer wishing to take advantage of the provisions of this Section must present satisfactory written evidence that the developer has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The developer must also sign an acknowledgment that the continuing validity of his or her permit depends upon his or her continuing ability to provide the requisite number of parking spaces.
(Ord. 074-10. Passed 12-20-10.)
1139.10 SPECIAL PROVISIONS FOR LOTS WITH EXISTING BUILDINGS.
Notwithstanding any other provisions of this Planning and Zoning Code, whenever:
(a) There exists a lot with one or more structures on it constructed before the effective date of this Planning and Zoning Code, and
(b) A change in use that does not involve any enlargement of a structure is proposed for such lot; and
(c) The parking requirements of the Parking Section that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking and there is sufficient area available on the lot that can be used for parking, then the developer need only comply with the requirements of the Parking Section to the extent that:
(1) Parking space is practicably available on the lot where the development is located; and
(2) Satellite parking space is reasonably available as provided in the Joint Use of Required Parking Spaces Section (1139.08). However, if satellite parking subsequently becomes reasonably available, then it shall be a continuing condition of the permit authorizing development on such lot that the developer obtains satellite parking when it does become available.
(Ord. 074-10. Passed 12-20-10.)
1139.11 LOADING AND UNLOADING AREAS.
(a) Subject to subsection (e) of this section, whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner.
(b) The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the development in question. The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this Subsection. However, the Zoning Administrator may require more or less loading and unloading area if reasonably necessary to satisfy the foregoing standard (see Table B).
Table B: Loading and Unloading Requirements | |
Gross Leasable Area of Building | Number of Spaces (see NOTE) |
1,000 - 19,999 | 1 |
20,000 - 79,999 | 2 |
80,000 - 127,999 | 3 |
128,000 - 191,999 | 4 |
192,000 - 255,999 | 5 |
256,000 - 319,999 | 6 |
320,000 - 391,999 | 7 |
Plus one (1) space for each additional 72,000 square feet or fraction thereof. | |
NOTE: Minimum dimensions of twelve (12) feet by fifty-five (55) feet and overhead clearance of fourteen (14) feet from street grade required. | |
(c) Loading and unloading areas shall be so located and designed that the vehicles intended to use them can (i) maneuver safely and conveniently to and from a public right-of-way, and (ii) complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.
(d) No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.
(e) Whenever (i) there exists a lot with one or more structures on it constructed before the effective date of this Planning and Zoning Code, and (ii) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (iii) the loading requirements of this section cannot be satisfied because there is not sufficient area available on the lot that can practicably be used for loading and unloading, then the developer need only comply with this chapter to the extent reasonably possible.
(Ord. 074-10. Passed 12-20-10.)
1139.12 TABLES OF PARKING REQUIREMENTS.
TABLE OF PARKING REQUIREMENTS, USES 1.11 TO 2.112 | ||
Uses | Description | Parking Requirement |
1.11 | Single-family dwellings | 2 spaces per dwelling unit plus one space per room rented out (see Accessory Uses, Section 1145.01 (d)). |
1.12 | Single-family detached, more than one dwelling unit per lot | 2 spaces for each dwelling unit, except that one- bedroom units require only one space. |
1.3 | Multi-family dwellings | With respect to multi-family units located in buildings where each dwelling unit has an entrance and living space on the ground floor, the requirement shall be 1-1/2 spaces for each one- bedroom unit and 2 spaces for each unit with two or more bedrooms. Multi-family units limited to persons of low- or moderate-income or the elderly require only 1 space per unit. All other multi- family units require 1 space for each unit plus 1 additional space for every four units in the development. |
1.4 | Homes emphasizing special services, treatment, or supervision | 3 spaces for every five beds except for uses exclusively serving children under 16, in which case 1 space for every three beds shall be required. |
1.5 | Miscellaneous, rooms for rent situations | 1 space for each bedroom. |
1.52 | Tourist homes, rooming houses and other temporary dwellings renting by the day or week | 1 space for each room to be rented plus additional space (in accordance with other sections of this table) for restaurant or other facilities. |
1.53 | Hotels, motels, and similar businesses or institutions providing overnight accommodations | See above requirement. |
1.7 | Home occupations | 4 spaces for offices of physicians or dentists; 2 spaces for attorneys, 1 space for all others. |
2.11 | Miscellaneous | 1 space per 200 square feet of gross floor area. |
2.11 | Convenience stores | 1 space per 150 square feet of gross floor area. |
TABLE OF PARKING REQUIREMENTS, USES 2.12 TO 3.22 | ||
Uses | Description | Parking Requirement |
2.12 | Low-volume traffic generation | 1 space per 400 square feet of gross floor area. |
2.13 | Wholesale sales | See above requirement. |
2.21 | High-volume traffic generation | 1 space per 200 square feet of gross floor area. |
2.22 | Low-volume traffic generation | 1 space per 400 square feet of gross floor area. |
2.23 | Wholesale sales | See above requirement. |
3.11 | Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stock brokers, travel agents, government office buildings, etc. | 1 space per 200 square feet of gross floor area. |
3.12 | Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use | 1 space per 400 square feet of gross floor area. |
3.13 | Office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area | 1 space per 150 square feet of gross floor area. |
3.21 | Operations designed to attract and serve customers or clients on the premises | 1 space per 200 square feet of gross floor area. |
3.22 | Operations designed to attract little or no customer or client traffic other than the employees of the entity operating the principal use | 1 space per 400 square feet of gross floor area. |
TABLE OF PARKING REQUIREMENTS, USES 3.23 TO 5.4 | ||
Uses | Description | Parking Requirement |
3.23 | Banks with drive-in windows | 1 space per 200 square feet of area within main building plus reservoir land capacity equal to 5 spaces per window (10 spaces if window serves two stations). |
4.11 | Majority of dollar volume of business done with walk-in trade | 1 space per 400 square feet of gross floor area. |
4.12 | Majority of dollar volume of business not done with walk-in trade | 1 space for every two employees on the maximum shift except that, if permissible in the commercial districts, such uses may provide 1 space per 200 square feet of gross floor area. |
4.2 | Operations conducted within or outside fully enclosed building | See above requirement. |
5.11 | Elementary and secondary (including associated grounds and athletic and other facilities) | 1.75 spaces per classroom in elementary schools, 5 spaces per classroom in high schools. |
5.12 | Trade or vocational schools. | 1 space per 100 square feet of gross floor area. |
5.13 | Colleges, universities, community colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc.) | 1 space per 150 square feet of gross floor area. |
5.2 | Churches, synagogues and temples (including associated residential structures for religious personnel and associated buildings but not including elementary school or secondary school buildings) | 1 space for every four seats in the portion of the church building to be used for services plus spaces for any residential use as determined in accordance with the parking requirements set forth above for residential uses, plus 1 space for every 200 square feet of gross floor area designed to be used neither for services nor residential purposes. |
5.3 | Libraries, museums, art galleries, art centers, and similar uses (including associated educational and instructional activities) | 1 space per 300 square feet of gross floor area. |
5.4 | Social, fraternal clubs and lodges, union halls, and similar uses | See above requirement. |
TABLE OF PARKING REQUIREMENTS, USES 6.1 TO 6.26 | ||
Uses | Description | Parking Requirement |
6.1 | Activity conducted entirely within building or substantial structure | 1 space for every three persons that the facilities are designed to accommodate when fully utilized (if they can be measured in such fashion - example, tennis courts or bowling alleys) plus 1 space per 200 square feet of gross floor area used in a manner not susceptible to such calculation. |
6.12 | Movie theatres | 1 space for every four seats. |
6.13 | Coliseums, stadiums, and all other facilities listed in the "6.1" classification designed to seat or accommodate simultaneously more than 1,000 people | See above requirement. |
6.21 | Privately owned outdoor recreational facilities such as golf and country clubs, swimming or tennis clubs, etc., not constructed pursuant to a permit authorizing the construction of some residential development | 1 space per 200 square feet of area within enclosed building, plus 1 space for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. |
6.22 | Publicly owned and operated outdoor recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc., not constructed pursuant to a permit authorizing the construction of another use such as a school | See above requirement. |
6.23 | Golf driving ranges not accessory to golf courses, par 3 golf courses, miniature golf courses, skateboard parks, water slides, and similar uses | Miniature golf course, skateboard park, water slide, and similar uses - 1 space per 300 square feet of area plus 1 space per 200 square feet of building gross floor area; Driving range - 1 space per tee plus 1 space per 200 square feet of building gross floor area; Par 3 course - 2 spaces per golf hole plus 1 space per 200 square feet of building gross floor area. |
6.24 | Horseback riding; stables (not constructed pursuant to permit authorizing residential development) | 1 space per horse that could be kept at the stable when occupied to maximum capacity. |
6.25 | Automobile and motorcycle racing tracks | 1 space for every three seats. |
6.26 | Drive-in movie theatres | 1 space per speaker outlet. |
TABLE OF PARKING REQUIREMENTS, USES 7.1 TO 9.4 | ||
Uses | Description | Parking Requirement |
7.1 | Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area | 2 spaces per bed or 1 space per 150 square feet of gross floor area, whichever is greater. |
7.2 | Nursing care institutions, intermediate care institutions, handicapped or infirm institutions, child care institutions | 3 spaces for every five beds. Multi-family units developed or sponsored by a public or non-profit agency for limited income families or the elderly require only 1 space per unit. |
7.3 | Institutions (other than halfway houses) where mentally ill persons are confined | 1 space for every 2 employees on maximum shift. |
7.4 | Penal and correctional facilities | See above requirement. |
8.1 | No substantial carry-out or delivery service, no drive-in service, no service or consumption outside fully enclosed structure | 1 space per 100 square feet of gross floor area. |
8.2 | No substantial carry-out or delivery service, no drive-in service, service or consumption outside fully enclosed structure allowed | Same as USE CLASSIFICATION 8.1 plus 1 space for every four outside seats. |
8.3 | Carry-out and delivery service, consumption outside fully enclosed structure allowed | See above requirement. |
8.4 | Carry-out or delivery service, drive-in service, service or consumption outside fully enclosed structure allowed | Same as USE CLASSIFICATION 8.2 plus reservoir lane capacity equal to 5 spaces per drive-in window. |
9.1 | Motor vehicle sales or rental; manufactured home sales | 1 space per 200 square feet of gross floor area. |
9.2 | Sales with installation of motor vehicle parts or accessories (e.g., tires, mufflers, etc.) | See above requirement. |
9.3 | Motor vehicle repair and maintenance, not including substantial body work | See above requirement. |
9.4 | Motor vehicle painting and body work | See above requirement. |
TABLE OF PARKING REQUIREMENTS, USES 9.5 TO 15.2 | ||
Uses | Description | Parking Requirement |
9.5 | Gas sales | 1 space per 200 square feet of gross floor area of building devoted primarily to gas sales operation, plus sufficient parking area to accommodate vehicles at pumps without interfering with other parking spaces. |
9.6 | Car wash | Conveyer type - 1 space for every three employees on the maximum shift plus reservoir capacity equal to five times the capacity of the washing operation. Self-service type - 2 spaces for drying and cleaning purposes per stall plus two reservoir spaces in front of each stall. |
10.21 | All storage within completely enclosed structures | 1 space for every two employees on maximum shift but not less than 1 space per 5,000 square feet of area devoted to storage (whether inside or outside). |
10.22 | Storage inside or outside completely enclosed structures | See above requirement. |
11 | Scrap materials salvage yards, junkyards, automobile graveyards | 1 space per 200 square feet of gross floor area. |
12 | Services and enterprises related to animals | 1 space per 200 square feet of gross floor area. |
13 | Emergency services | 1 space per 200 square feet of gross floor area. |
14 | Agricultural, silvicultural, mining, quarrying operations | 1 space for every two employees on maximum shift. |
15.1 | Post Office | 1 space per 200 square feet of gross floor area. |
15.2 | Airport | See above requirement. |
TABLE OF PARKING REQUIREMENTS, USES 15.3 TO 25 | ||
Uses | Description | Parking Requirement |
15.3 | Sanitary landfill | 1 space for every two employees on maximum shift |
15.4 | Military Reserve, National Guard centers | 1 space per 100 square feet of gross floor area. |
16 | Dry cleaner, laundromat | 1 space per 200 square feet of gross floor area. |
19 | Open air markets and horticultural sales | 1 space per 1,000 square feet of lot area used for storage, display, or sales. |
20 | Funeral home | 1 space per 100 square feet of gross floor area. |
22 | Nursery schools; day care centers | 1 space per employee plus 1 space per 200 square feet of gross floor area. |
21.2 | Crematorium | 1 space per 200 square feet of gross floor area. |
24 | Bus station, train station | 1 space per 200 square feet of gross floor area. |
25 | Commercial greenhouse operations | 1 space per 200 square feet of gross floor area. |
1141.01 ZONING PERMITS.
(a) Permits Required.
(1) The use made of property may not be substantially changed without a zoning permit. Substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to a zoning permit and when applicable, a conditional use permit or variance authorized by the applicable board, commission or Council as provided in this Planning and Zoning Code.
(2) Zoning permits, and conditional use permits shall issue under this Planning and Zoning Code only when a review of the application submitted, including the plans contained therein, indicates that the development and use of the land or structures will comply with the provisions of this Planning and Zoning Code if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 1141.04(c), all development shall occur strictly in accordance with such approved plans and application.
(3) Physical improvements to land to be subdivided may not be commenced until the preliminary plat has been approved by the Council and a zoning permit has been issued.
(4) A zoning permit or conditional use permit shall be issued in the name of the applicant ( except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit issuing authority.
(b) No Occupancy, Use or Sale of Lots Until Requirements Fulfilled. Issuance of a zoning permit and when applicable, a conditional use permit, authorizes the recipient to commence the activity resulting in a change in use of land or to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in Section 1141.04(a) the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until compliance is achieved by meeting all requirements of this Planning and Zoning Code and all additional requirements imposed pursuant to the issuance of a zoning permit, and where applicable, a conditional use permit.
(c) Who May Submit Permit Applications.
(1) Applications for zoning permits, conditional use permits, and variances, or subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivision plat approval. By way of illustration, in general this means that applications should be made by owners of property, or their authorized representatives evidenced by a duly executed power of attorney.
(2) The Zoning Administrator shall require an applicant to submit evidence of the applicant’s authority to submit the application in accordance with subsection (a) of this section whenever there appears to be a reasonable basis for questioning this authority.
(d) All Applications to Be Complete.
(1) All applications for zoning, conditional use or variance, must be complete before the permit issuing authority is required to consider the application.
(2) Subject to subsection (d)(3) of this section, an application is complete when it contains all the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Planning and Zoning Code.
(3) In this Planning and Zoning Code, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in the Engineering Department rules and regulations. It is not necessary that the applicant contain the type of detailed construction drawings that would be necessary to determine compliance with such rules and regulations, so long as the plans provide sufficient information to allow the permit issuing authority to evaluate the application in light of the substantive requirements set forth in the text of this Planning and Zoning Code.
(4) However, whenever this Planning and Zoning Code requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in the Engineering Department rules and regulations, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Zoning Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided.
(5) The presumption established by this Planning and Zoning Code is that all of the information set forth in the Engineering Department rules and regulations is necessary to satisfy the requirements of this Section. However, it is recognized that each development is unique, and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Council or Planning Commission, the applicant may rely in the first instance on the recommendations of the Zoning Administrator as to whether more or less information should be submitted.
(6) The Zoning Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. The Zoning Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
(e) Pre-Application Consulting.
(1) To minimize development planning costs, avoid misunderstanding or misinterpretation, and to ensure compliance with the requirements of this Planning and Zoning Code, pre-application consultation between the developer and the Zoning Administrator is encouraged or required as provided in this Planning and Zoning Code.
(2) Before submitting an application for a development, the developer shall submit to the Zoning Administrator a sketch plan of such development, drawn approximately to scale (1 inch = 100 feet). The sketch plan shall contain all the following:
A. The name and address of the developer,
B. The proposed name (if a subdivision) and location,
C. The approximate total acreage of the proposed development,
D. The tentative street and lot arrangement,
E. Topographic lines, and
F. Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed development's compliance with the requirements of this Planning and Zoning Code.
(3) The Zoning Administrator shall meet with the developer as soon as conveniently possible to review the sketch plan.
(4) Before submitting an application for any other permit, developers are strongly encouraged to consult with the Zoning Administrator concerning the application of this Planning and Zoning Code to the proposed development.
(f) Staff Consultation After Application Submitted.
(1) Upon receipt of a formal application for a zoning permit, conditional use permit, variance or subdivision plat approval, the Zoning Administrator shall review the application and confer with the applicant to ensure that the applicant understands the planning staff’s interpretation of the applicable requirements of this Planning and Zoning Code, that applicant has submitted all of the information that the applicant intends to submit, and that the application represents precisely and completely what applicant proposes to do.
(2) If the application is for a conditional use permit, variance or subdivision approval, the Zoning Administrator shall place the application on the agenda of the appropriate board or commission when the Zoning Administrator determines the application is complete.
(g) Zoning Permits.
(1) A completed application form for a zoning permit shall be submitted to the Zoning Administrator by filing a copy of the application with the said Administrator in the Building/Zoning Department.
(2) The Zoning Administrator shall issue any zoning permit when the Zoning Administrator finds, after reviewing the application and consulting with the applicant as provided in Section 1141.01(e) that the permit is being issued in compliance with this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1141.02 CONDITIONAL USE PERMIT PROCEDURES.
(a) Purpose. It is the purpose of this section to maintain uniformity in zoning districts but provide for certain uses in an area which is economically feasible and still compatible with neighboring properties within the corporation limits, thus there are established conditional use permits.
(b) Existing Conditional, Special or Contingent Uses. Where a use is classified as a conditional use under this Planning and Zoning Code, and existed as a permitted, conditional, special or contingent use on or before the effective date of this Planning and Zoning Code, it shall be considered a lawful conditional use subject to the following:
(1) A conditional use, special use or contingent use authorized prior to the adoption of this Planning and Zoning Code may continue to exist under its current terms and status, subject to the provisions of this Planning and Zoning Code.
(2) Existing conditional, special or contingent uses may be expanded or extended only after applying for and obtaining an amended conditional use permit.
(c) Application for a Conditional Use Permit. An application for a conditional use permit shall be filed with the Zoning Administrator on a form utilized by the Planning Commission. Such application shall be filed by those persons identified in Section 1141.01(c)(1). The application shall be accompanied by plans and written data that will provide adequate evidence that the proposed use will conform to the standards of the appropriate sections of this Planning and Zoning Code.
(d) Hearing on Application for Conditional Use Permit. On receipt of an application for a conditional use permit, the Planning Commission shall hold a public hearing on such application at such time and place as shall be established by the Chairman of the Planning Commission and after proper notice. In addition to any other notice requirement under this chapter, the notice requirement as found in Section 1121.03 shall apply as though you were rezoning or redistricting ten parcels or less. The failure of delivery of such notice shall not invalidate any conditional use permit.
(e) Findings of Fact and Recommendations of the Planning Commission. The Planning Commission Chairman shall cause to be made written findings of fact and shall submit the same together with the Planning Commission's recommendations to the Council after the close of the hearing regarding issuance of a conditional use. Any member of the Planning Commission dissenting from the majority opinion may make his or her own dissention known in writing, to be furnished to Council as part of the record. No conditional use shall be recommended by the Planning Commission unless the Planning Commission finds that the criteria found in subsection (e), paragraphs 1 through 8, as deemed applicable by the Planning Commission, are satisfied.
(1) The proposed use is in fact a use subject to the issuance of a conditional use permit as established under the provisions of this Planning and Zoning Code, and that the use is not otherwise expressly prohibited by this Planning and Zoning Code;
(2) The use will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Master Plan and this Planning and Zoning Code;
(3) The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;
(4) The use will not be hazardous or disturbing to existing or future neighboring uses;
(5) The use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use will be able to provide adequately any such services;
(6) The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(7) The use will not involve uses, activities, process, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors; and,
(8) The use will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public thoroughfares.
(f) Conditions. The Planning Commission may recommend such conditions or restrictions on the construction, location, use, and operation of a conditional use as shall be deemed necessary to adequately address the general objectives of the Master Plan and this Planning and Zoning Code after considering those things, as applicable, as listed in subsection (e).
(g) Action by the Council. The Council shall not act on a proposed conditional use permit until it has received a written report and findings of fact and recommendation from the Planning Commission on the conditional use permit.
(h) Effect of Denial of a Conditional Use Permit. No application for a conditional use permit which has been denied by the Council shall be resubmitted to the Planning Commission for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changing conditions which the Zoning Administrator finds valid. No permit shall be issued without following the procedure established in this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1141.03 CONDITIONAL USE WHEN REQUIRED; REGULATIONS.
(a) Conditional use shall be required and permissible only where so identified in Section 1145.01 or as may be otherwise provided in this Planning and Zoning Code. Exception may only be obtained upon approval of a variance; moreover, a conditional use permit shall be required, regardless of meeting general zoning, to include, but not be limited to:
(1) Uses, as determined by the Zoning Administrator, as being of such nature that the use may give rise to unique problems with respect to their impact on neighboring property because of their bulk or intensity of use;
(2) Multiple uses or structures on a single lot;
(3) The substantial alteration or change in direction of a previously approved site as determined by the Zoning Administrator;
(4) Borrow pits must have a minimum parcel size of five (5) acres and a site plan required to be submitted as part of the conditional use permit application;
(5) Artificial lakes, ponds, or reservoirs must have a site plan required to be submitted as part of the conditional use permit application; and,
(6) Planned developments.
(b) Conditional Use Regulations.
(1) Manfactured Home Park & Site Standards.
A. A manufactured home park shall be considered only if the proposed development area contains five or more acres. The site shall not be within the flood plain, or in an area subject to unpredictable or sudden flooding.
B. The ground surface and all parts of a manufactured home park shall be graded and provided with storm sewers.
C. All streets within the parks shall be hard-surfaced with asphaltic or standard concrete.
D. Manufactured home parks shall be provided with an 80-foot front setback and 40-foot side and rear yard setbacks. A planting screen maintained at least seven (7') feet in height shall be provided in all setback areas. A seven (7) foot high decorative fence may be installed in lieu of the required planting screen.
E. All developments shall have engineered plans and procedures and demonstrate proper plats.
F. Applications for a manufactured home park conditional use permit shall be filed with the Zoning Administrator and shall include the following:
A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for manufactured home park purposes, and the location of each manufactured home stand indicating compliance with the regulations of Ohio R.C. Ch. 3733.
G. The manufactured home park development shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this section.
(2) Junk Yard And/or Salvage Yard/ Recycling Centers Site Standards.
A. A junk yard and/or salvage yard or recycling centers shall be a minimum of ten acres.
B. A junk yard and/or salvage yard or recycling centers premises shall be provided with a front yard setback of 70 feet, a side yard setback of 100 feet, and a rear yard setback of 100 feet. A solid wall of not less than ten (10') feet in height shall enclose the entire perimeter of the junk yard and/or salvage yard operation.
C. All driveways leading to the junk yard and/or salvage yard and/or recycling centers operation shall be provided with asphaltic or standard concrete from the public street to the fenced area.
D. All junk yard or salvage yard or recycling center developments shall have engineered plans and procedures and demonstrate proper plats.
E. Applications for a junk yard and/or salvage yard or recycling centers conditional use permit shall be filed with the Zoning Administrator containing the following information:
1. A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for junk yard and/or salvage yard and/or recycling centers purposes.
2. A site plan indicating the arrangement and location of each permanent building proposed to be constructed on the site. The site plan shall also include outside storage and the perimeter wall and planting areas proposed to be installed for screening purposes.
F. The junk yard and/or salvage yard and/or recycling centers development plan shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this Planning and Zoning Code. The regulation of salvage yards shall be in accordance with State Code except where this Planning and Zoning Code may supersede.
(3) Accessory Outdoor Storage and Site Standards.
A. Accessory outdoor storage may be considered only if the storage area is located ten (10') feet behind the front of the principal building on the premises.
B. The stored materials shall be screened from public view by means of dense landscaping or a decorative fence or wall. Such fence or wall shall not exceed a height of eight (8') feet.
C. No product shall be manufactured or assembled within the open storage area.
D. All developments shall have engineered plans and procedures and demonstrate proper plats.
E. Applications for accessory outside storage conditional use permit shall be filed with the Zoning Administrator containing the following information:
1. A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for outside storage purposes.
2. A site plan indicating the arrangement and location of the outside storage facility. The site plan shall also include all accessory buildings and all fencing or landscape planting proposed to be installed on the premises.
3. The accessory outdoor storage development plan shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulations of this Planning and Zoning Code.
F. Exception. This provision governing outside storage does not apply to outside storage that is determined by the Zoning Administrator has not giving rise to unique problems with respect to their impact on neighboring property because of their bulk or intensity of use.
(4) Flood Plain District Conditional Uses.
A. New buildings or major additions to existing buildings shall be constructed with the lowest floor elevation three feet above flood height. Basements shall not be approved with openings below the flood height elevation.
B. Any structures permitted shall be so located as to offer minimum obstruction to the flow of water.
C. Filling and re-grading land shall be permitted if the proposed filling and grading is approved by the Ohio Department of Natural Resources.
D. All developments shall have engineered plans and procedures and demonstrate proper plats.
E. Being an overlay district, setbacks shall apply in the district in which the flood plain is overlayed, unless modified.
F. Applications for a flood plain conditional use permit shall be filed with the Zoning Administrator containing the following information:
1. A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for the development.
2. A site plan indicating the arrangement and location of each building on the premises. The site plan shall also include a topographic survey having contour lines shown on a five foot interval.
3. The flood plain development requests shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this Planning and Zoning Code.
Nothing in this section shall be construed to limit the Planning Commission from imposing other conditions not listed herein.
(Ord. 074-10. Passed 12-20-10.)
1141.04 AUTHORIZING USE.
(a) Authorizing Use, Occupancy, or Sale Before Completion of Development Under Conditional Use Permits.
(1) In cases when, because of weather conditions or other factors beyond the control of the conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all the requirements of this Planning and Zoning Code before commencing the intended use of the property or selling lots in a subdivision, the Planning Commission may authorize the commencement of the intended use or the sale of subdivision lots (insofar as the requirements of this Planning and Zoning Code are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Planning Commission to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).
(2) When the Planning Commission imposes additional requirements upon the permit recipient in accordance with Section 1141.02 or when the developer proposes in the plans submitted to install amenities beyond those required by this Planning and Zoning Code, the Planning Commission may authorize the permittee to commence the intended use of the property or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:
A. A performance bond, irrevocable letter of credit or other security satisfactory to the Planning Commission is furnished;
B. A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made;
(3) With respect to subdivisions in which the developer is selling only undeveloped lots, the Council may authorize final plat approval and the sale of lots before all requirements of this Planning and Zoning Code are fulfilled if the subdivider provides a performance bond or other security satisfactory to the City’s Finance Director to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval.
(b) Completing Developments in Phases.
(1) If a development is constructed in phases or stages subsection (a) of this section shall apply to each phase as if it were the entire development.
(2) As a prerequisite to taking advantage of the provisions this section, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Planning and Zoning Code that will be satisfied with respect to each phase or stage.
(3) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of the developer’s application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:
A. If the improvement is one required by this Planning and Zoning Code, then the developer may utilize the provisions of subsection (a)(1) or (3) hereof.
B. If the improvement is an amenity not required by this Planning and Zoning Code or is provided in response to a condition imposed by the Planning Commission, then the developer may utilize the provisions of subsection (a)(2) hereof.
(c) Expiration of Permits.
(1) Zoning and conditional use permits shall expire automatically if, within one year after the issuance of such permits:
A. The use authorized by such permits has not commenced; in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or,
B. Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.
(2) If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of subsection (d) hereof.
(3) The permit-issuing authority may extend for a period up to six (6) months the date when a permit would otherwise expire pursuant to subsections (c)(1) or (2) of this Section if the issuing authority concludes that:
A. The permit has not yet expired; and
B. The permit recipient has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted by the Zoning Administrator without resort to the formal processes and fees required for a new permit.
(4) For purposes of this Section, the permit within the jurisdiction of the Council or the Board of Zoning Appeals is issued when the permit is signed under the authority of the issuing body by the Zoning Administrator.
(5) Notwithstanding any of the provisions of Chapter 1129, this Section shall be applicable to permits issued prior to the effective date of this Planning and Zoning Code.
(d) Effect of Permit on Successors and Assigns. Zoning and conditional-use permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable, unless otherwise specifically designated nontransferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:
(1) No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and
(2) The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes for which the permit was issued, unless otherwise restricted by the terms of the permit, other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection (d)(3) of this Section) of the existence of the permit at the time they acquired their interest.
(3) Whenever a conditional-use permit is issued to authorize development (other than single-family or two-family dwellings) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the Henry County Registry and indexed under the record owner's name as grantor, recording fee to be at the expense of the recipient.
(e) Amendments to and Modifications of Permits.
(1) Insignificant deviations from the permits and minor design modifications issued or authorized by the permit-issuing authority are permissible by approval of the Zoning Administrator. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(2) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Council or the Planning Commission, new conditions may be imposed in accordance with this Planning and Zoning Code, but the applicant retains the right to reject such additional conditions by withdrawing the request for an amendment and may then proceed in accordance with the previously issued permit.
(3) The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (e)(1) and (2) of this Section.
(4) A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
(Ord. 074-10. Passed 12-20-10.)
1143.01 PLANNED DEVELOPMENTS.
The regulations contained in this Chapter are established to encourage imaginative design and to provide relief from zoning requirements which were devised for conventional developments and which may inhibit innovation. Additionally, each of the individual types of planned development regulations were created for the purposes stated in subsections (a) through (d), both inclusive.
(a) Planned Apartment Development. The Planned Apartment Development regulations are established to provide a safe and desirable living environment characterized by a unified building and site development plan, to preserve natural features of the site, and to provide adequate open space for recreation and other outdoor living purposes.
(b) Planned Commercial Development. The Planned Commercial Development regulations are established to strengthen the economic viability and to enhance the aesthetic qualities of the commercial district through the promotion of larger scale developments of unified design; and to increase the total value of commercial property for the benefit of the owner and the community.
(c) Planned Cluster Development. The Planned Cluster Development regulations are established to permit the clustering of single-family dwellings on reduced size lots to achieve more desirable developments by the creation of common open space equal in area to the reduction in lot size and thereby increase the total value of the development for the benefit of the property owner and the community. Cluster Developments are intended to encourage a break from monotonous rectilinear and curvilinear lot and street patterns that are common subdivision practices.
(d) Planned Residential Development (PRD). The Planned Residential Development regulations are established to permit developments constructed on a tract of land at least five (5) acres under single ownership, planned and developed as an integral unit, and consisting of single-family detached dwellings combined with either two family dwellings or multi-family dwellings, or both.
(Ord. 074-10. Passed 12-20-10.)
1143.02 DESIGN STANDARDS.
The following standards shall be utilized by the Planning Commission in reviewing all site and building plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the Planning Commission. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention, and innovation.
(a) Relation of Proposed Building to Environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
(b) Drives, Parking, and Circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives, and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient, and insofar as practicable, do not detract from the design of proposed buildings, structures and/or the neighboring properties.
(c) Surface Water Drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Storm water shall be removed from all roofs, canopies, and paved areas and carried away in an underground drainage system or the approved method of surface water disposal. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas.
(d) Utility Service. Electric lines, telephone lines cable, internet and fiber optic lines shall be all underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site. The proposed method of sanitary sewage disposal from all buildings shall be indicated.
(e) Advertising Features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed building and structure and the surrounding properties.
(f) Special Features. Exposed storage area, exposed machinery installations, service areas, truck loading area, utility buildings and structures, and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods to reasonably prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(Ord. 74-10. Passed 12-20-10.)
1143.03 PLANNED APARTMENT DEVELOPMENT.
(a) Permissible Zones. A Planned Apartment Development shall be permitted only in Zoning Districts as found in Chapter 1145.
(b) Site Standards.
(1) A Planned Apartment Development shall consist of not less than twelve (12) dwelling units and be permitted on zoning lots the minimum size of which are in accordance with the provisions of each district; moreover, shall consist of a minimum of 5 acres of land; and
(2) A Planned Apartment Development shall be served by public water supply and be connected to the public sanitary sewer; and
(3) The site for any Planned Apartment Development shall have public street frontage to construct the necessary road or roads needed to serve such development.
(c) Development Standards.
(1) The spacing between principal buildings shall be twenty (20) feet, however, such requirement may be modified upon showing by the applicant of a more workable or compatible arrangement; and
(2) Off-street parking space and adequate space for service facilities may be provided in the side yard or rear yard but shall in no event be located within the required front yard; and
(3) All open off-street parking areas and service facilities shall be screened with shrubbery, trees, or decorative fence. Such screening shall be included in the development plan and shall be of such density that it will screen parking areas from the view of abutting properties.
(d) Required Plans, Plats, and Procedures. Any applicant for a Planned Apartment Development under these regulations shall file an application with the Planning Commission. The application shall include all the following information:
(1) A statement describing the general character of the intended development together with such pertinent information as may be necessary to determine that the contemplated development conforms to the requirements of this Planning and Zoning Code and the general and specific standards established herein.
(2) A site plan indicating the arrangement and tentative location of buildings, uses permitted, land to be preserved as permanent common open space, parking and loading spaces, and other special features of the development plan.
(3) The Planned Apartment Development shall be examined and evaluated by the Planning Commission in terms of the statement of purpose contained herein, and may be recommended for approval only after a determination has been made that the proposed development does in fact serve such purpose as contained in this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1143.04 PLANNED COMMERCIAL DEVELOPMENT.
(a) Permissible Zones. A Planned Commercial Development shall be permitted only in the Zoning Districts as found in Chapter 1145.
(b) Site Standards.
(1) A Planned Commercial Development may be permitted only on zoning lots of 5 acres or more; and
(2) A Planned Commercial Development shall consist of not less than two principal buildings on a zoning lot or not less than four commercial establishments within a single building; and
(3) A Planned Commercial Development shall be served by a public water supply and be connected to the public sanitary sewer; and
(4) The site for any Planned Commercial Development shall have public street frontage to construct the necessary road(s) needed to serve the development.
(c) Development Standards.
(1) Entrances and exits serving the Planned Commercial use shall be located so as to minimize any adverse effect on adjacent properties. Access driveways shall be not more than twenty-four (24) feet wide at the property line.
(d) Required Plans, Plats, and Procedures.
(1) Any applicant for a Planned Commercial Development under these regulations shall file an application with the Zoning Administrator. The application shall include all the following information:
A. A statement describing the general character of the intended development together with such pertinent information as may be necessary to determine that the contemplated development conforms to the requirements of this Planning and Zoning Code and the general and specific standards established herein.
B. A site plan indicating the arrangement and tentative location of buildings, uses proposed, open space and landscaped areas, pedestrian walkway area, parking and loading spaces and facilities, and other special features of the development plan.
C. Architectural elevations and perspective drawings of all proposed structures and improvements.
D. A landscaping plan including a comprehensive drainage plan.
(2) The Planned Commercial Development shall be examined and evaluated by the Planning Commission in terms of the statement of purpose contained herein and the Planning Commission may recommend such Planned Commercial Development for approval by the Council only after a determination has been made that the proposed development does in fact serve such purpose as contained in this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1143.05 PLANNED CLUSTER DEVELOPMENT.
(a) Permitted Zones. A Planned Cluster Development shall be permitted only in Zoning Districts as found in Chapter 1145.
(b) Site Standards.
(1) A Planned Cluster Development may be permitted only on land of ten acres or more; and
(2) A Planned Cluster Development shall consist of not less than twenty (20) dwelling units contained within not less than five principal buildings; and
(3) A Planned Cluster Development shall be served by a public water supply and be connected to the public sanitary sewer; and
(4) The site for any Planned Cluster Development shall have public street frontage to construct the necessary road(s) needed to serve the development. Such frontage shall not be less than three times the frontage required by the district regulations in which the development is located.
(5) Individual lot size within the Planned Cluster Development may be reduced and the regulations, with respect to yard requirements, lot area and width required by the district regulations, may be modified if the Planning Commission finds that the proposed development conforms to the design standards of City Code Section 1143.02. Open space resulting from reduced lot size shall be utilized in accordance with subsection (c)(3) hereof.
(c) Development Standards.
(1) The number of dwelling units within a Planned Cluster Development shall be determined by dividing the net land area of the subject property by the area of the minimum lot size permitted for the zoning classification, in which the development is located. In the event that the subject property is classified in two or more zoning classifications, the density shall be determined by using the net land area described above for each zoning classification; and
(2) The open space resulting from the Cluster Development of reduced lot sizes shall be considered common open space for the enjoyment and benefit of all residents of the development. Primary access from such common open space to each building site need not be provided; however, convenient access through permanent easement must be provided and perpetually guaranteed to all residents of the development. Open space included with the Cluster Development shall not be utilized for future residential building sites or for accessory buildings; and
(3) All or any part of the open space may be dedicated to the City and operated as a City recreational facility; provided however, that no substantial permanent improvements above ground shall be permitted; and
(4) If the open space is not dedicated to the City, the space to be reserved for use by resident property owners shall be assigned to a home-owners association or some comparable type of organization establishing common ownership and maintenance criteria for all common open space. Such ownership document shall be submitted to and approved by the Planning Commission; and
(5) Open off-street parking areas shall be screened with shrubbery, trees, or decorative fence if said parking area is designed for six or more vehicles. Such screening shall be included in the development plan.
(d) Required Plans, Plats, and Procedures.
(1) Any applicant for a Planned Cluster Development under these regulations shall file an application with the Zoning Administrator. The application shall include all the following information:
A. A statement describing the general character of the intended development, together with such pertinent information as may be necessary to determine that the contemplated development conforms to the requirements of this Planning and Zoning Code and the general and specific standards established herein.
B. A site plan indicating the arrangement and location of buildings, uses proposed, open space and landscaped area, pedestrian walkways, parking and loading spaces and facilities and other special features of the development plan.
C. Architectural elevations and perspective drawings of all proposed structures and improvements.
D. A landscape plan, including a comprehensive drainage plan.
E. Ownership declaration: such declaration shall be filed with the Zoning Administrator during the application filing if the Planned Cluster Development premise is proposed to be in condominium ownership. Articles of incorporation and declaration of covenants and restrictions shall be examined and evaluated by the Planning Commission, in terms of statement of purpose, standards and requirements contained therein. Planned Cluster Development shall be recommended to the City Council for approval, only after a determination has been made that the proposed development does in fact serves such purpose and complies with such standards and requirements pursuant to this Planning and Zoning Code.
(2) The Planned Cluster Development shall be examined and evaluated by the Planning Commission in terms of the statement of purpose contained herein. Recommendation for approval may be made only after a determination has been made that the proposed development does in fact serve such purpose as contained in this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1143.06 PLANNED RESIDENTIAL DEVELOPMENT.
(a) Planned Residential Developments (PRDs) are permissible only on tracts of at least five acres located within Zoning districts as found in Chapter 1145; and
(b) The overall density of a tract developed by a PRD shall be finally determined by Council; and,
(c) Permissible types of residential uses within a PRD include single-family detached dwellings, two-family dwellings, and multi-family dwellings. At least fifty (50) percent of the total number of dwelling units must be single-family detached dwellings on lots of at least 7,000 square feet; and
(d) A PRD shall be an architecturally integrated subdivision; and
(e) To the extent practicable, the two-family and multi-family portions of a PRD shall be developed more toward the interior rather than the periphery of the tract so that the single- family detached dwellings border adjacent properties; and
(f) In a Planned Residential Development, the screening requirements that would normally apply where two-family or multi-family development adjoins a single-family development shall not apply within the tract developed as a Planned Residential Development, but all screening requirements shall apply between the tract so developed and adjacent lot.
(g) The Planned Residential Development must be approved in two steps, (1) a preliminary site plan to be submitted to the Planning Commission so that they can recommend the approval or disapproval to Council and (2) a final development plan to be submitted to the Planning Commission so that they can recommend the approval or disapproval to Council.
(h) Any applicant for a Planned Residential Development under these regulations shall file an application with the Zoning Administrator. The application shall include all the following information:
(1) A statement describing the general character of the intended development together with such pertinent information as may be necessary to determine that the contemplated development conforms to the requirements of this Planning and Zoning Code and the general and specific standards established herein.
(2) A site plan indicating the arrangement and tentative location of buildings, uses proposed, open space and landscaped areas, pedestrian walkway area, parking and loading spaces and facilities, and other special features of the development plan.
(3) Architectural elevations and perspective drawings of all proposed structures and improvements.
(4) A landscaping plan including a comprehensive drainage plan.
(i) The Planned Residential Development shall be examined and evaluated by the Planning Commission in terms of the statement of purpose contained herein and the Planning Commission may recommend such Planned Residential Development for approval by the City Council only after a determination has been made that the proposed development does in fact serve such purpose as contained in this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)
1145.01 TABLE OF PERMISSIBLE USES.
The Table of Permissible Uses should be read in close conjunction with the definitions of terms set forth in Definitions of Basic Terms and the other interpretive provisions set forth in this Planning and Zoning Code.
(a) Use of the Designation “P” and “C” in Table of Permissible Uses. When used in connection with a particular use in the Table of Permissible Uses, the letter “P” means that the use is permissible in the indicated zone with a zoning permit issued by the Zoning Administrator. When the letter “P” is nonexistent in the Table, then it shall be deemed a nonpermissive use unless a special use or conditional use permit is approved in accordance with this Zoning Code.
In the zone district. When used in connection with a particular use in the Table of Permissible Uses, the letter "C" means that the use may be permissible with a conditional use permit in the indicated zone as may be issued by the Zoning Administrator upon approval by the Council after Planning Commission review.
(b) Jurisdiction Over Uses Otherwise Permissible with a Zoning Permit. Notwithstanding any other provisions of this Planning and Zoning Code, whenever the Table of Permissible Uses (interpreted in light of subsection (a) hereof and the other provisions of this Planning and Zoning Code) provides that a use is permissible with a zoning permit, and/or a conditional use permit, as applicable, shall nevertheless be required if the Zoning Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Zoning Administrator shall consider, among other factors, whether the use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.
(c) Permissible Uses and Specific Exclusions.
(1) The presumption established by this Planning and Zoning Code is that all legitimate uses of land, except those uses which, if allowed, would not serve to promote public health, safety, convenience, comfort, prosperity or general welfare, are permissible within at least one zoning district in the City's planning jurisdiction. Therefore, because the list of permissible uses set forth in (Table of Permissible Uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses, subject to the issuance of a conditional use permit.
(2) The "Table of Permissible Uses" shall not be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
(3) Without limiting the generality of the foregoing provisions, the following uses (a) through (d) are specifically prohibited in all districts:
A. Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the City's Fire Prevention Code.
B. Stockyards, slaughterhouses, and rendering plants.
C. Use of a travel trailer as a temporary or permanent dwelling.
D. Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted.
(d) Accessory Uses.
(1) The Table of Permissible Uses classifies different principal uses according to their different impacts.
(2) Accessory use, or accessory: an "accessory use" is a use that is clearly incidental to, customarily found in connection with, and (except in case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When "accessory" is used in the text, it shall have the same meaning as "accessory use". An "accessory use" includes, but is not limited to, the following:
A. Swimming pools for use of occupants of a residence or their guests.
B. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
C. Home occupations when carried on by the owner-resident of the dwelling when no physical or visual affects are observed beyond the walls of the dwelling.
D. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
E. Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.
F. Accessory off-street parking regulations for the district in which the zoning lot is located.
G. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
H. Satellite antenna or microwave receiving antenna, following all regulations set forth in Section 1127.20.
(4) The following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.
A. Storage outside of a substantially enclosed structure of any motor vehicle that is unlicensed and not operational.
B. Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the permitted use in a residential district.
(e) Permissible Uses Not Requiring Zoning Permits. Notwithstanding any other provisions of this Planning and Zoning Code, no zoning, or conditional-use permit is necessary for the following uses:
(1) Streets.
(2) Electric power, telephone, telegraph, fiber optic cable, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way, except that a use of right-of-way permit may be required by the City.
(3) Neighborhood utility facilities located within a public right-of-way with the permission of the owner or controller (state or city) of the right-of-way.
(f) Change in Use.
(1) A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:
A. The change involves a change from one principal use category to another; or
B. If the original use is a Combination Use or Planned Development, the relative proportion of space devoted to the individual principal use that comprises the Combination Use or Planned Development Use changes to such an extent that the parking requirements for the overall use are altered; or
C. If the original use is a Combination Use or Planned Development Use, the mixture of types of individual principal uses that comprise the Combination Use or Planned Development Use changes; or
D. If the original use is a Planned Residential Development, the relative proportions of different types of dwelling units change; or
E. If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a Combination Use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or Combination Use category as the previous type of business). For illustration purposes only, if there is only one building on a lot and a florist shop that is the sole tenant of the building moves out and is replaced by a clothing store, which constitutes a change in use even though both tenants fall within a permitted principal Use. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center, Combination Use) has not changed.
(2) A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 181 consecutive days or has been abandoned.
(g) Combination Uses.
(1) When a Combination Use comprises two or more principal uses that require different types of permits, then the permit authorizing the Combination Use shall be a conditional use permit along with a zoning permit.
(2) When a Combination Use consists of a single-family detached residential subdivision that is not architecturally integrated and two-family or multi- family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.
(3) When a Combination Use consists of a single-family detached, architecturally integrated subdivision two-family or multi-family uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified therein.
(h) More Specific Use Controls. Whenever a development could fall within more than one use classification in the Table of Permissible Uses, the use classification that most closely and most specifically describes the development controls.
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
AGRICULTURAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
FARM MARKETS & STANDS | C | C | P | ||||||||
KENNELS | P | P | |||||||||
PLANT CULTIVATION | C | P | |||||||||
SPECIALIZED ANIMAL RAISING | C | P | |||||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
RESIDENTIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
ONE FAMILY DWELLING | P | P | P | P | |||||||
TWO FAMILY DWELLING | P | P | P | P | |||||||
MULTIPLE FAMILY DWELLING | P | ||||||||||
DAY CARE CENTERS | C | C | P | ||||||||
APARTMENTS ABOVE 1ST FLOOR | P | P | P | P | |||||||
BED & BREAKFAST | P | P | P | ||||||||
FUNCTIONAL EQUIVALENT FAMILY | C | C | C | C | |||||||
HOME OCCUPATION | P | C | C | ||||||||
REASONABLE ACCOMMODATION USE | C | C | C | C | |||||||
ASSISTED LIVING UNITS | P | ||||||||||
MANUFACTURED HOMES | P | ||||||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
COMMERCIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
AGRICULTURE, CONSTRUCTION, SEMI- TRUCK SALES/SERVICE | P | P | P | ||||||||
ANIMAL HOSPITAL/VETERINARY CLINIC | P | P | |||||||||
AUTOMOTIVE OIL & LUBE SERVICE FACILITIES | P | P | C | ||||||||
AUTOMOTIVE SALES OR LEASE FOR NEW & USED VEHICLES - OUTDOORS | P | P | C | ||||||||
AUTO REPAIR | P | C | |||||||||
AUTO WASH | C | C | P | ||||||||
COMMERCIAL RECREATIONAL FACILITIES | P | P | |||||||||
COMMERCIAL SCHOOL | P | P | P | ||||||||
BANKS | P | P | P | P | |||||||
COMMERCIAL SEMI- TRUCK SALES/SERVICE | C | P | P | ||||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
COMMERCIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
ENTERTAINMENT AND SPECTATOR SPORT FACILITIES | P | P | C | C | |||||||
GROCERY STORES | P | P | |||||||||
MESSAGE/RELAXATION ESTABLISHMENT | C | P | |||||||||
MOTEL & HOTEL | P | P | C | ||||||||
NEIGHBORHOOD BUSINESS LESS THAN 10,000 SQ. FT. | P | P | P | P | |||||||
PERSONAL SERVICES | P | P | P | P | |||||||
OFFICE | P | P | P | P | |||||||
PRINTING | P | P | P | P | |||||||
RECREATIONAL VEHICLE/EQUIPMENT OUTDOOR SALES | C | P | C | P | |||||||
RESTAURANT CARRY- OUT ONLY | P | C | P | P | |||||||
RESTAURANT DRIVE-IN | P | P | C | ||||||||
RESTAURANT FAST FOOD | P | C | P | P | C | ||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
COMMERCIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
RESTAURANT OUTDOOR CAFÉ | P | P | P | ||||||||
RESTAURANT FULL SERVICE | P | P | P | C | |||||||
RETAIL BUSINESS: LESS THAN 60,000 GSF | P | P | P | P | |||||||
RETAIL BUSINESS MORE THAN 60,000 GSF | P | P | |||||||||
SALE & STORAGE OF BUILDING MATERIALS | P | P | |||||||||
SELF-SERVICE STORAGE | P | P | P | ||||||||
SERVICE STATION | P | P | P | ||||||||
SEXUALLY ORIENTED BUSINESS | C | ||||||||||
SHOPPING CENTER | C | P | P | ||||||||
HOSPITALITY FACILITIES | P | P | |||||||||
ROOMING HOUSE | C | C | C | C | C | ||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
COMMERCIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
CEMETERY | C | C | C | ||||||||
REPAIR SERVICES, CONSUMER | P | P | P | P | |||||||
NURSERY/GREENHOUSE | P | C | C | ||||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
INDUSTRIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
ARTIFICIAL LAKE, POND, OR RESERVOIR | C | C | C | C | C | C | C | C | C | C | C |
AUTO & METAL SALVAGE, JUNK YARDS | P | C | |||||||||
BORROW PITS | C | C | C | C | C | C | C | C | C | C | C |
FOOD PROCESSING | C | P | P | ||||||||
EXCAVATION, SAND, GRAVEL, CLAY, STONE & TOPSOIL FACILITIES | C | C | |||||||||
LABORATORIES | P | P | |||||||||
MANUFACTURING, SALE/STORAGE BUILDING MATERIALS | C | P | P | ||||||||
MANUFACTURING- GENERAL | C | P | |||||||||
MANUFACTURING: LIGHT | P | P | |||||||||
OIL & GAS WELLS | C | P | |||||||||
OUTSIDE STORAGE | P | ||||||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIAL | |||||||||
INDUSTRIAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
PUBLISHING | P | P | |||||||||
TRANSPORT & TRUCKING | C | P | |||||||||
WAREHOUSING | P | P | |||||||||
WHOLESALE BUSINESS | C | P | P | ||||||||
WIND GENERATOR (TURBINE) | C | C | C | C | C | P | |||||
PLANNED APARTMENT DEVELOPMENT | C | C | C | ||||||||
PLANNED COMMERCIAL DEVELOPMENT | C | C | C | ||||||||
PLANNED CLUSTER DEVELOPMENT | C | C | C | ||||||||
PLANNED RESIDENTIAL DEVELOPMENT | C | C | |||||||||
RESIDENTIAL | COMMERCIAL | INDUSTRIA L | |||||||||
INSTITUTIONAL: | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1 | I-2 |
Cemetery | C | C | C | C | C | C | C | C | C | C | |
Child Day Care Centers | C | P | P | P | P | ||||||
Clubs, Lodges, Fraternal and Civic Assembly | C | P | P | P | P | ||||||
Convalescent and Nursing Homes | C | P | P | P | P | ||||||
Essential Service | P | P | P | P | P | P | P | P | P | P | |
Hospital | P | P | P | P | |||||||
Institutional Use | C | C | P | P | P | P | P | ||||
Mortuaries and Funeral Homes | C | C | P | P | P | P | |||||
Public and Private Schools | C | C | P | P | P | P | |||||
Public Service Facilities | P | P | P | P | P | P | P | P | P | P | |
Wireless Telecommunication Facilities | C | C | |||||||||
(Ord. 030-17. Passed 5-1-17.)
TABLE 1 RESIDENTIAL USE REQUIREMENTS FOR RESIDENTIAL ISTRICTS
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KEY: DETER. BY COMM. = AS DETERMINED BY PLANNING COMMISSION
TABLE 2 RESIDENTIAL USE REQUIREMENTS IN NON-RESIDENTIAL DISTRICTS
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* 60' FRONT YARD SETBACK WHEN ABUTTING FEDERAL OR STATE HIGHWAYS
• KEY: DETERM. COMM. = AS DETERMINED BY PLANNING COMMISSION
TABLE 3 OVERVIEW OF COMMERCIAL USE REQUIREMENTS IN COMMERCIAL DISTRICTS
In the commercial districts as it relates to commercial uses, where 25% or more of the lots in a block frontage are occupied by buildings, the setback of existing buildings shall determine the location of the building line.
In case of conflict with the front setback requirements of this zoning district, conditional uses, or other applicable provisions of this planning and zoning code, the most restrictive requirement shall govern.
On through or corner lots, front yards shall be provided from each street with the same setback requirements.
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* 60' FRONT YARD SETBACK WHEN ABUTTING FEDERAL OR STATE HIGHWAYS
TABLE 4 OVERVIEW OF INDUSTRIAL REQUIREMENTS
IN THE INDUSTRIAL DISTRICT AS IT RELATES TO INDUSTRIAL USE, WHERE 25% OR MORE OF THE LOTS IN A BLOCK FRONTAGE ARE OCCUPIED BY BUILDINGS, THE SETBACK OF EXISTING BUILDINGS SHALL DETERMINE THE LOCATION OF THE BUILDING LINE.
IN CASE OF CONFLICT WITH THE FRONT SETBACK REQUIREMENTS OF THIS ZONING DISTRICT, CONDITIONAL USES, OR OTHER APPLICABLE PROVISIONS OF THIS PLANNING AND ZONING CODE, THE MOST RESTRICTIVE REQUIREMENT SHALL GOVERN.
ON THROUGH OR CORNER LOTS, FRONT YARDS SHALL BE PROVIDED FROM EACH STREET WITH THE SAME SETBACK REQUIREMENTS.
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1147.99 PENALTIES.
Persons Violating. Any person found violating Section 1105.02(f)(1) or (2) of this Planning and Zoning Code shall be deemed guilty of an unclassified misdemeanor punishable by a fine not to exceed $1000.00 for each violation. Each day a violation continues shall constitute a separate offense.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
CODIFIED ORDINANCES OF NAPOLEON