New London City Zoning Code
TITLE ONE
Zoning
1101.01 TITLE.
This Part Eleven of the Codified Ordinances shall be known and may be cited as the "Zoning Ordinance" of the Village of New London, Ohio. This Part Eleven and zoning map which accompanies Village Ordinance 88-30 (dated 1-17-89) amending the original Zoning Ordinance for the Village (dated 7-19-83) shall hereafter be a part of the Zoning Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1101.02 PURPOSE.
This Part Eleven is enacted for the purpose of promoting the public health, safety, convenience, comfort, prosperity and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land; to regulate the density of population and facilitate adequate and economical provisions for public improvements for the desirable future development of New London; to provide a method of administration and prescribe penalties for the violations of the provisions hereafter described: all as authorized by Ohio R.C. Chapter 713.
(Ord. 2015-09. Passed 7-13-15.)
1101.03 PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this Part Eleven shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern.
(Ord. 2015-09. Passed 7-13-15.)
1101.04 SEPARABILITY CLAUSE.
Should any section or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole, or any part thereof (other than the part so declared to be unconstitutional or invalid).
(Ord. 2015-09. Passed 7-13-15.)
1101.05 REPEAL OF CONFLICTING ORDINANCE.
All ordinances in conflict with this ordinance or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.
(Ord. 2015-09. Passed 7-13-15.)
1101.06 COMPLIANCE REQUIRED.
(a) Except as may be hereinafter provided: No building or structure shall hereafter be constructed, reconstructed, enlarged, converted, moved, or structurally altered, nor shall any building, structure, or land be hereafter used except for a purpose permitted in the use district in which the building, structure or land is located.
(b) No building or structure shall hereafter be constructed, enlarged, converted, reconstructed, moved, or structurally altered, nor shall any building, structure or land be hereafter used except in conformity with the bulk and area regulations, minimum yard and lot area requirements, location, and maximum height requirements, minimum off-street parking and loading requirements, and any and all other applicable provisions and regulations of this Ordinance.
(c) No part of a minimum yard, parking space or other open space required for any building for the purpose of complying with the provisions of this Ordinance shall hereafter be included as a part of the yard, parking space or other open space similarly required for another building.
(d) In any "R", "C", "DBD" or "M" District there shall hereafter be not more than one main building on the lot unless otherwise provided for in this Ordinance.
(e) Any lot or parcel of land, with or without any building, shall not hereafter be reduced or subdivided below the minimum lot width, width to depth ration, and lot area required by this Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1101.07 ZONING ANNEXED AREAS.
All land annexed to the Village subsequent to the adoption of this Ordinance shall remain subject to the previous Township zoning district regulations, until such time as the Official Zoning Map is amended according to the provisions of Section 1103.08. All land annexed to the Village which prior to annexation is not subject to County or Township Zoning, shall be classified into whichever district established by this Ordinance most closely resembles the existing uses at the time of the annexation.
(Ord. 2015-09. Passed 7-13-15.)
1101.08 AREA OF JURISDICTION.
The provisions of this Ordinance apply to all the incorporated areas of the Village of New London, Ohio.
(Ord. 2015-09. Passed 7-13-15.)
1101.09 EFFECTIVE DATE.
This Ordinance shall become effective from and after the date of its approval and adoption, as provided by law.
(Ord. 2015-09. Passed 7-13-15.)
1102.01 INTERPRETATION OF TERMS OR WORDS.
For the purpose of this Zoning Ordinance certain terms or words used herein shall be interpreted as follows:
(1) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(4) The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied".
(5) The word "lot" includes the words "plot" or "parcel".
(Ord. 2015-09. Passed 7-13-15.)
1102.02 DEFINITIONS.
(1) "Accessory use (or structure)" means a use, object, or structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal use, object, or structure, and which is subordinate to or serves the principal use, object, or structure, is subordinate in area to the principal use, object, or structure, and is customarily incidental to the principal use, object, or structure. Among other things "Accessory Use" includes anything of a subordinate nature attached to or unattached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles, poster panels, and billboards. Notwithstanding the foregoing, neither a manufactured home (whether or not permanently sited), nor a mobile home, nor a trailer shall be used as an accessory use. Except as otherwise required in this Zoning Ordinance, an accessory use shall be a permitted use.
(2) "Agriculture" means the use of land for farming, dairying, pasturage, apiculture (bee keeping), horticulture, floriculture, viticulture (grape cultivation), and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce, provided, however that:
(a) The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
(b) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feed yard.
(3) "Alterations, structural" means any change in the supporting members of a building such as bearing walls, columns, beams, or girder, including razing of a structure.
(4) "Automotive repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
(5) "Automotive wrecking" means the dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale of dumping of dismantled, obsolete or wrecked vehicles or their parts.
(6) "Basement" means a story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.
(7) "Bed and Breakfast establishment" means a private residence where lodging and breakfast is provided by a resident family for compensation. Such a facility is generally used by tourists and out of town guests/travelers.
(8) "Board" means the New London Board of Zoning Appeals.
(9) "Building" means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
(10) "Building accessory" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
(11) "Building height" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.
(12) "Building principal" means a building in which is conducted the main or principal use of the lot on which said building is situated.
(13) "Business/Commercial use" means Business/Commercial uses which shall include any profit making activity which renders goods or services and which generally require location on or near main thoroughfares and/or their intersections. Separate buildings that serve as institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification.
(14) "Business/Office" means quasi-commercial uses which may often be transitional between retail businesses and/or manufacturing and residential uses. Office business generally accommodates administrative, executive, professional, institutional and other quasi-public operations.
(15) "Cemetery" means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(16) "Child daycare center"- any place in which child daycare is provided with or without compensation. In Ohio, the Ohio Department of Jobs and Family Services (ODJFS) licenses, certifies, and regulates child care centers, family child care homes and school age programs.
Licenses are required for:
(a) Child care centers that are full or part-time in a non-residential setting for 7-12 children or in any place in which child care is provided for 13 or more children.
(b) Family child care homes (Type A) that are full or part-time in a residence for 7-12 children when no more than 3 children are under 2 years old, or for 4 to 12 children if 4 or more are under 2 years old including related children under 6 years old.
Certification is required by the County DJFS for the following child care centers
(c) Family child care homes that receive public funds. Full or part-time care in a residence for between 1 and 6 children, including related children under 6 years old, with no more than 3 children under 2 years old, and
(d) Family child care homes that receive public funds in a residence for eligible children all of whom have the same caretaker parents.
(17) "Club" means a building or portion thereof or premises owned or operated by a person for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.
(18) "Commission" means the New London Planning and Zoning Commission.
(19) "Commissioner" means the New London Zoning Commissioner.
(20) "Comprehensive Plan" means a plan, or any portion thereof, which establishes the general goals, objectives, and policies of the community, is recommended and approved by the Planning and Zoning Commission and adopted by the village council. The plan shows the general location and extent of the present and proposed physical facilities and open spaces including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities.
(21) "Conditional Use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
(22) "Conditional Use Permit" means a permit issued by the Zoning Commissioner upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(23) "Corner lot" (see Lot Types).
(24) "Density" means a unit of measurement expressing the number of dwelling units per acre of land.
(a) Gross Density: the number of dwelling units per acre of the total land to be developed.
(b) Net Density: the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(25) "District" means a part, zone, or geographic area within the Municipality within which certain zoning or development regulations apply.
(26) "Domestic pet" means any animal normally sold in a pet store or kennel. Including but not limited to dogs, cats, rabbits, hamsters, gerbils, birds, etc. When any of these types of animals are raised for production purposes or for resale, this becomes a commercial enterprise and the Zoning Ordinance will be appropriately applied.
(27) "Downtown Business District" defined as that part of the Village generally bounded by South Railroad Street, Energy Place, Prospect Street, South Main Street, Kirk Street, Park Avenue and James Street.
(28) "Drainage ditch" or "watercourse" means a natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
(29) "Dwelling" means any building or portion thereof which is designed to provide living accommodations for one (1) or more families. An attached garage for purposes of determining the front, side, and year yards shall be considered a part of a dwelling.
(30) "Dwelling unit" means one (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping.
(31) "Dwelling, single family" means a building designed to provide one (1) dwelling unit for a family and separated from other dwellings by required open space.
(32) "Dwelling, two-family" means a building consisting of two (2) dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
(33) "Dwelling, multi-family" means a building consisting of three (3) or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing.
(34) "Dwelling, rooming house (boarding house, lodging house, dormitory)" means a dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(35) "Easements" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(36) "Essential services" means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission, or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for housing the essential services named herein or similar to those named herein.
(37) "Family" means one or more persons who live together in one dwelling unit and maintain a common household. A family may also include domestic employees and gratuitous guests.
(38) "Farm livestock" means all animals normally used in the production of food or food products such as eggs, milk, meat, etc. Specifically cattle, horses, sheep, swine, poultry, and rabbits used for production purposes; and others as determined by order of the Board of Zoning Appeals.
(39) "Feedlot/feed yard" means any pen, corral, or structure wherein livestock are maintained in close quarters for the purpose of fattening or temporarily holding for shipment to market.
(40) "Flood plain" means that land, including the flood fringe and the floodway, subject to inundation by the regional flood.
(41) "Flood, regional" means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the one hundred year recurrence interval flood.
(42) "Floor area of a residential building" means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential uses.
(43) "Floor area, usable" means measurement of usable floor area which shall be the sum of the horizontal areas of the several floors of the building.
(44) "Garages, private" means a detached accessory building or portion of a principal building for the parking or temporary storage of vehicles.
(45) "Group residential facility" means a group residential facility is a community residential facility, licensed and/or approved and regulated by the State of Ohio, which provides rehabilitative or habilitative services. There are two (2) classes of group residential facilities.
(a) Class I: Any state, federal, or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or pre-delinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A Class I Type A group residential facility contains six or more residents, exclusive of staff. A Class I Type B group residential facility contains five or less residents, exclusive of staff.
(b) Class II: Any state, federal, or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and drug abusers, provided that detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains six (6) or more residents, exclusive of staff. A Class II Type B group residential facility contains five or less residents, exclusive of staff.
(46) "Historic area" means a district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including materials, proportion, form and architectural detail, or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, archaeological, or architectural motives or purposes.
(47) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft, or revenue enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit, or elsewhere on the premises by conditional use permit, without any significant adverse effect upon the surrounding neighborhood.
(48) "Hotel or motel and apartment hotel" means a building in which lodging or boarding are provided and offered to the public for compensation. As such it is open to the public as opposed to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined.
(49) "Junk buildings, junk shops, junk yards" means any area, lot, land, parcel, building, structure or part thereof, or open area, where waste (excluding municipal waste), discarded or salvaged material are stored, bought, sold, exchanged, abandoned, processed, baled, packed, disassembled or handled, including but not limited to: wastepaper, rags scrap metal or other scrap or discarded goods, material, machinery, auto wrecking yards, house-wrecking yards, used lumber yards and places or yards for storage and equipment, as well as any structure or buildings used in connection therewith, or where more than two junk vehicles or parts thereof are stored, even when concealed by fence or opaque hedges.
(50) "Junk motor vehicle" means a motor vehicle that is three (3) model years or older, inoperable, and extensively damaged including but not limited to missing wheels, tires, engines or transmissions (ORC.505.173).
(51) "Kennel" means any commercial enterprise in which five (5) or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
(52) "Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(53) "Location map" (See Vicinity Map).
(54) "Lot". For the purposes of this Zoning Ordinance, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, of complete lots of record and portions of lots of records, or of portions of lots of record.
(55) "Lot coverage ratio" means the numerical value obtained through dividing the sum of the gross horizontal area of the footprint of all buildings and covered or roofed structures on a zoning lot by the area of the zoning lot on which the buildings are located or intended to be located, expressed as a percentage.
(56) "Lot frontage" means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under" Yards " in this section.
(57) "Lot, minimum area of" means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(58) "Lot measurements". A lot shall be measured as follows:
(a) Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear.
(b) Width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(59) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(60) "Lot types". Terminology used in this Zoning Ordinance with reference to corner lots, interior lots and through lots is as follows:
(a) Corner lot: A lot located at the intersection of two (2) or more streets.
(b) Interior lot: A lot with only one (1) frontage on a street.
(c) Through lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
(d) Reversed frontage lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(e) Flag lot: A lot shaped like a flag not meeting minimum frontage requirements and where access to the public road is by a narrow right-of-way driveway.
(61) "Major thoroughfare plan" means the portion of comprehensive plan adopted by the Village Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.
(62) "Maintenance and storage facilities" means land, buildings, and structures devoted primarily to the maintenance and storage of equipment and material.
(63) "Manufacturing, heavy" means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
(64) "Manufacturing, light" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisance.
(65) "Manufacturing, extractive" means any mining, quarrying, excavating processing, storing, separating, cleaning, or marketing of any mineral natural resource.
(66) "Nonconformities" means lots, uses of land, structures, and uses of structures and land in combination lawfully existing at the time of enactment of this Zoning Ordinance or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.
(67) "Nuisance" means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses, including but not limited to: odor, air and water pollution, noise, vibration, dust, fumes, smoke, radiation, light glare, fire hazard, electromagnetic radiation, erosion, and congestion.
(68) "Nursing home" means a long term facility or a distinct part of a facility (exclusive of a hospital) licensed by the State that provides nursing care and related medical services on a 24 hour per day basis to four (4) or more individuals because of illness, disease, or physical or mental infirmity.
(69) "Nursery, plant materials" means land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.
(70) "Open spaces" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
(71) "Parking space, off-street" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, which shall be located totally outside of any street or alley right-of-way.
(72) "Performance bond or surety bond" means an agreement by a sub-divider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the sub-divider's agreement.
(73) "Planned Unit Development" means an area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(74) "Primary use". The primary use of a lot shall be defined as the use or purpose which comprises more than one half of the available land and/or floor area of structures on said lot.
(75) "Professional activities" means the use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
(76) "Public service facility" means the erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
(77) "Public uses" means public parks, schools, administrative and cultural buildings and structures, not including public and land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(78) "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, bicycle path; or other ways in which the general public or public entity have a right, or which are dedicated, whether improved or not.
(79) "Quasi-public use" means churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
(80) "Recreation camp/campgrounds" means area of land on which three or more travel trailers, campers, tents, or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(81) "Recreation facilities" means public or private facilities that may be classified as either "extensive", or "intensive" depending upon the scope of services offered, and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing, and riding clubs and parks. Intensive facilities generally requires less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, and stadiums.
(82) "Research activities" means research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said building.
(83) "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural and related products.
(84) "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
(85) "Satellite dish" means a parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.
(86) "Seat". For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four lineal inches or benches, pews, or space for loose chairs.
(87) "Setback line" means a line established by the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in said code.
(88) "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
(89) "Sewers, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(90) "Sidewalk" means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
(91) "Sign" means any visual communication display, object, device, graphic, structure, or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, person, service, product, event, location, organization or the like, by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.
(a) Sign, In-Premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
(b) Sign, Off-Premises: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
(c) Sign, Illuminated: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
(d) Sign, Lighting Device: Any light; string of lights, or group of lights located or arranged so as to cast illumination on a sign.
(e) Sign, Projecting: Any sign which projects from the exterior of a building.
(f) Sign, Awning: a sign which is suspended from, attached to, supported from or forms a part of an awning.
(g) Sign, Electronic Message Center (EMC): An EMC is a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
(h) Sign, Snipe: A temporary or permanent sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects.
(i) Sign, Wall: A wall sign mounted on a building which is either attached to, displayed, or painted on an exterior wall in a manner parallel with the wall surface, and not projecting more than sixteen inches from such surface.
(j) Sign, Window: A sign that is painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door.
(k) Sign, Temporary: Any sign intended to remain in use for a short period of time which is not permanently installed.
(92) "Story" means that part of a building between the surface of a floor and the ceiling immediately above, except that the topmost story shall be that habitable portion of a building included between the surface of the topmost floor and ceiling or roof above.
(93) "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, factory built housing, walls, fences and billboards.
(94) "Subdivision" means the division of a lot, tract, or parcel into two or more lots, tracts, or parcels or other divisions of land for sale, development, or lease.
(95) "Swimming pool" means a pool or open tank obtaining at least 1.5 feet of water at any point and maintained by the owner or manager.
(a) Private: Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
(b) Community: Operated with a charge for admission; a primary use.
(96) "Thoroughfare, street, or road" means the full width within the right-of-way bounding every public way, with a part thereof to be used for vehicular traffic designated as follows:
(a) Alley: A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
(b) Arterial street: A general term denoting major thoroughfares designed to carry traffic between municipalities and other activity centers and to provide connections with major state and interstate highways. Typically, existing state routes will be classified as arterial.
(c) Collector street: A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(d) Cul-de-sac: A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(e) Dead-end street: A street having only one common ingress and egress for vehicular traffic and perhaps intended to be extended or continued in the future.
(f) Local street: A street primarily for providing access to residential or other abutting property.
(97) "Through Lot" (See Lot Types).
(98) "Transportation, Director of" means the Director of the Ohio Department of Transportation.
(99) "Use" means the specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(100) "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(101) "Veterinary animal hospital or clinic" means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
(102) "Vicinity map" means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby lots, developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
(103) "Walkway" means a public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not. (See Sidewalk)
(104) "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
(a) Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(b) Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
(c) Yard, Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(105) "Zoning Commissioner" means the person designated by Council to administer and enforce zoning regulations and related ordinances. This person may also be known as the Zoning Inspector.
(106) "Zoning permit" means a document issued by the Zoning Commissioner authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(107) "Zoning map" means the official Zoning Map of the Village of New London.
(Ord. 2015-09. Passed 7-13-15.)
1103.01 ESTABLISHED.
A Zoning Commission for the Village is hereby created and shall have all the powers and duties prescribed by this Zoning Ordinance.
(Ord. 2016-08. Passed 8-22-16.)
1103.02 COMPOSITION AND APPOINTMENT.
The Commission shall consist of five members and include the Mayor, one member of Council and three Village citizen representatives, each appointed by the Mayor as authorized by Ohio R.C. 713.01.
(Ord. 2015-09. Passed 7-13-15.)
1103.03 ORGANIZATION.
The Commission shall elect a Chairman and a Vice Chairman from its membership at the first meeting held after January 1 of each year and shall prescribe rules for the conduct of its affairs. A secretary shall be appointed and keep minutes of meeting actions and votes and provide a copy of said minutes to the Village Clerk. Members shall be subject to removal if their attendance falls below 50% of the regularly scheduled meetings. Members of the Commission shall serve no more than two (2) consecutive terms at any one time after which they must sit out for one (1) full term before serving again.
(Ord. 2015-09. Passed 7-13-15.)
1103.04 QUORUM.
The Commission shall require a quorum of three members at all of the public meetings and the concurring vote of three members shall be necessary to affect an order.
(Ord. 2015-09. Passed 7-13-15.)
1103.05 MEETINGS.
The Planning and Zoning Commission shall meet at the call of the Zoning Commissioner, its Chairman, or two other members, and at such other regular times as may by resolution be determined, but in no case less than once each year. The person(s) requesting the meeting may request the Fiscal Officer to coordinate the scheduling thereof, give notice of the meeting, and publish or distribute any notices legally required. The Zoning Commissioner and the Village Solicitor shall attend meetings of the Commission if so requested.
(Ord. 2015-09. Passed 7-13-15.)
1103.06 WITNESSES.
The Planning and Zoning Commission Chairman, acting Chairman, or Village Solicitor may administer oaths and compel the attendance of witnesses in any matter coming within the review of the Zoning Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1103.07 POWERS AND DUTIES.
The Commission shall submit a plan, including texts and maps representing their recommendation to Village Council for carrying out the powers, purposes and provisions set forth in Ohio R.C. 713.01 through 713.10 inclusive.
(a) The Commission may within the limits of the monies appropriated by Council for the purpose, employ or contract with such planning consultants and executive and clerical assistance as it deems necessary.
(b) The Commission shall make use of such information and counsel as is available from appropriate public officials, departments and agencies.
(c) The Commission may initiate amendments to the Zoning Ordinance.
(d) The Commission may hold a public hearing on proposed amendments and shall review and make recommendations on amendments to the Village Council.
(e) The Commission shall review and make recommendations regarding Residential Parks for Mobile Homes proposals to the Village Council.
(f) Comprehensive Plan.
(Ord. 2015-09. Passed 7-13-15.)
1103.08 ZONING UPON ANNEXATION.
The following regulations shall apply to any areas annexed to the Village:
(a) If any lots, tracts, or lands are not subject to zoning at the time of their annexation, they shall be classified into whichever districts established by this Zoning Ordinance most closely resembles the existing uses at the time of the annexation. Such classification shall be recommended to Council by the Planning Commission and shall be approved by Council resolution.
(b) Any lots, tracts, or areas which are subject to zoning at the time of their annexation shall be classified as being in whichever district established by this Zoning Ordinance most closely resembles the zoning district that existed in the annexation. Such classification shall be recommended to Council by the Planning Commission and shall be approved by Council resolution.
(c) With respect to any annexation, the Planning Commission shall within ninety days conduct a public hearing on the matter of permanent zoning classification.
(Ord. 2015-09. Passed 7-13-15.)
1104.01 ADMINISTRATIVE POWERS OF ZONING COMMISSION.
The Zoning Commission shall have all the powers and duties prescribed by Ohio R.C. 713.11 and this Zoning Ordinance. Wherever, throughout the Codified Ordinances the term “Board of Zoning Appeals” may appear, those duties and responsibilities shall hereafter be assumed by the Zoning Commission. (Ord. 2016-08. Passed 8-22-16.)
1104.02 COMPOSITION AND APPOINTMENT. (REPEALED)
EDITOR’S NOTE: Former Section 1104.02 was repealed by Ordinance 2016-08.
1104.03 ORGANIZATION. (REPEALED)
EDITOR’S NOTE: Former Section 1104.03 was repealed by Ordinance 2016-08.
1104.04 QUORUM. (REPEALED)
EDITOR’S NOTE: Former Section 1104.04 was repealed by Ordinance 2016-08.
1104.05 MEETINGS.
For purposes of hearing matters described in this chapter the Zoning Commission shall meet at times prior to and coinciding with Village Council meetings with a ten day public notice. Other meetings may be convened at the call of the Zoning Commissioner, its Chairman or two other members. The person(s) requesting the meeting may request the Fiscal Officer to coordinate the scheduling thereof, give notice of the meeting, and publish or distribute any notices legally required. The Village Solicitor and Zoning Commissioner shall attend a meeting of the Board if requested to do so.
(Ord. 2016-08. Passed 8-22-16.)
1104.06 WITNESSES.
The Board of Zoning Appeals chairman, acting chairman or Village Solicitor may administer oaths and compel the attendance of witnesses in any matter coming within the review of this Zoning Ordinance.
(a) Attendance of Applicant Required. An applicant, the applicant's attorney, or agent of the applicant shall attend the meeting. The Board will dismiss, without hearing, an application if the applicant, his attorney, or his agent does not attend. If the applicant, his attorney or agent is not in attendance, the Board may move to consider the case in those circumstances where a dismissal without hearing would constitute a hardship for the surrounding property owners or other interested individuals.
(Ord. 2015-09. Passed 7-13-15.)
1104.07 POWERS AND DUTIES.
(a) Appeals shall be heard and decided where it is alleged there is error in any order, requirements, decision or determination made by the Zoning Commissioner in the enforcement of this Zoning Ordinance.
(b) Appeals may be taken by any person, firm or corporation, or by any officer or board of the Village of New London, deeming himself or those to be adversely effected by the decision of the Zoning Commissioner respecting the interpretation of the Zoning Ordinance. Appeal shall be made no later than twenty calendar days after the date of the grievance.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Commissioner, whose decision is being appealed, shall certify to the Board of Zoning Appeals after the notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in his opinion, cause "imminent" peril to life or property. In such case, proceeding shall not be stayed by other than a restraining order granted by the Board of Appeals or by a Court having lawful jurisdiction.
(d) The Board of Zoning Appeals may authorize upon appeal in specific cases, such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structure, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Zoning Ordinance would result in unnecessary hardship.
(e) Except as otherwise permitted in this Zoning Ordinance, no variance in the strict application of the provisions of this Zoning Ordinance shall be granted by the Board of Zoning Appeals unless the Board shall find that the written application for the requested variance contains all of the following requirements:
(1) Name, address, and phone number of applicant(s);
(2) Legal description of property;
(3) Description or nature of variance requested;
(4) A fee as established by ordinance;
(5) Narrative statements establishing and substantiating that the variance conforms to the following standards:
A. The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this Zoning Ordinance on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.
B. The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the district.
C. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Zoning Ordinance would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land.
D. There must be proof of hardship created by the strict application of this Zoning Ordinance. It is not sufficient proof of hardship to show that greater profit would result in the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this Zoning Ordinance; it must be suffered directly by the property in question; and evidence of variances granted under similar circumstances need not be considered.
E. The granting of the variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
F. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public street, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
G. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(f) In addition the Board of Zoning Appeals may permit such modification as may be necessary to secure the appropriate improvement of a parcel of land that is too small to be appropriately improved without such modification provided the parcel was separately owned at the time of passage of this Zoning Ordinance or is adjacent to buildings that do not conform to the general restrictions applicable to their location. Requirements of subsection (e)(5)A. to C. must be applied.
(g) In granting variances, exceptions or conditional uses, the Board may impose such conditions as it may deem necessary to protect the public health, safety and welfare and to further the purpose and intent of this Zoning Ordinance. Those conditions shall be made a part of and be attached to the required Zoning Permit.
(h) The Board shall hear and determine all conditional use applications which possess unique or special characteristics relating to location, design, size, traffic generation and methods of operation, except for Industrial Districts which are provided for in Chapters 1114 and 1115. Conditional uses although often desirable, will more intensely affect the surrounding area in which they are located, than the permitted uses of such districts. Since this is the case, the Board shall approve an application for a Conditional Use only when the following conditions are met:
(1) The Conditional Use is in general accord with the New London Village Comprehensive Zoning Plan.
(2) The proposed development will be in keeping with the existing land use character and physical development potential of the area and will not be of substantial detriment to the public interest, to the property, to other property values or improvements.
(3) If necessary, to accommodate certain projects, special conditions may require a greater amount of open space, entrance or exit drives, special lighting, noise control requirements, and fencing and landscaping.
(Ord. 2015-09. Passed 7-13-15.)
1104.08 APPEAL PROCEDURES.
Recommended action regarding Appeals, Variances/Exceptions and Conditional Uses in the proper order.
(a) Applicant files correct form along with applicable fee with the Zoning Commissioner. For purposes of this subsection, the applicant shall pay the necessary fees to the Fiscal Officer, and submit the completed form to either the Fiscal Officer or to the Zoning Inspector personally. An application which is submitted to the Fiscal Officer shall then be faxed or sent electronically to the Zoning Commissioner on receipt by the Fiscal Officer.
(b) Zoning Commissioner transmits all relevant information to the Board of Zoning Appeals.
(c) The Board of Zoning Appeals schedules a public hearing within twenty days of filing of appeal.
(d) Written notice shall be sent at least ten days before the hearing to all parties affected by the Fiscal Officer.
(e) Notice shall be published in a newspaper of general circulation at least ten days before the hearing.
(f) The Board of Zoning Appeals holds public hearing; hearing may be recessed and continued if necessary, by public announcement at the hearing.
(g) The Board of Zoning Appeals shall render a decision within twenty days of hearing.
(h) In the event either party to the appeal is not in agreement with the "Board" decision, they may file a further appeal, in writing to Council, with the Fiscal Officer.
(i) Council shall schedule a public hearing within twenty days of receipt of appeal. Council shall render their decision within twenty days of the public hearing.
(j) In the event either party to the appeal is not in agreement of the Council's decision, they may pursue further appeal to the court system. Any notices to the Village which may be legally required shall be filed with the Fiscal Officer.
(k) A stay of all proceedings shall be in effect during the appeal process thru subsection (j) hereof. However, a further stay shall only be granted by a court order, of the appeal proceeds to subsection (k) hereof.
(l) No order of the Board of Zoning Appeals granting a variance shall be valid for a period longer than twelve months from the date of such order unless the building permit or zoning approval is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period.
(m) Variances from the regulations of this Zoning Ordinance shall not be granted unless the Board makes specific findings of fact, based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed in Section 1104.07(e), if applicable, have been met by the applicant. Variances may be granted as guided by the following:
(1) To permit any yard or setback less than yard or setback required by the applicable regulations.
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but generally the respective area and width of the lot or lots should not be less than eighty percent (80%) of the required area and width.
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
(4) To reduce the applicable off-street parking or loading facilities require, but generally by not more than thirty percent (30%) of the required facilities.
(5) To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance.
(6) To increase the maximum distance that required parking spaces are permitted to be located from the use served, but generally not more than forty percent (40%).
(7) To increase the maximum allowable size or area of signs on a lot, but generally by not more than twenty-five percent (25 %).
(8) To increase the maximum gross floor area of any use so limited by the applicable regulations, but generally not more than twenty-five percent (25%).
(Ord. 2015-09. Passed 7-13-15.)
1104.09 INTERPRETATION OF DISTRICT MAP.
Where the street or by layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning District may be made to the Board of Zoning Appeals and a determination shall be made by said Board.
(Ord. 2015-09. Passed 7-13-15.)
1104.10 PROCEDURES AND REQUIREMENTS FOR CONDITIONAL USE PERMITS; SUBSTANIALLY SIMILAR USES; ACCESSORY USES.
(a) Regulation of Conditional Uses. The provisions of subsections (a) to (j) inclusive of this Zoning Ordinance apply to the location and maintenance of any and all conditional uses.
(b) Purpose. In recent years, the characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety, and general welfare of the community. Towards these ends, it is recognized that this Zoning Ordinance should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facilities requirements, and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of subsections (c) to (j) hereof.
(c) Contents of Conditional Use Permit Application. Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Zoning Commissioner, who shall within seven days, transmit it to the Board of Zoning Appeals. For purposes of this subsection, the applicant shall pay the necessary fees to the Fiscal Officer, and submit the completed form to either the Fiscal Officer or to the Zoning Inspector personally. An application which is submitted to the Fiscal Officer shall then be faxed or sent electronically to the Zoning Commissioner on receipt by the Fiscal Officer. Such application at a minimum shall contain the following information:
(1) Name, address and phone number of the applicant;
(2) Legal description of the property;
(3) Zoning district;
(4) Description of existing use;
(5) Description of proposed conditional use;
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, streets and traffic access, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, and such other information as the Board of Zoning Appeals may require;
(7) A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, and vibration;
(8) A list containing the names and mailing addresses of all owners of property within five hundred feet of the property in question;
(9) A fee as established by ordinance;
(10) A narrative addressing each of the applicable criteria contained in subsection (d) hereof.
(d) General Standards For All Conditional Uses. In addition to the specific requirements for conditionally permitted uses, the Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(2) Will be in accordance with the general objectives, or with any specific objective, of the Village's comprehensive plan and/or the Zoning Ordinance;
(3) 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 such use will not change the essential character of the same area;
(4) Will not be hazardous or disturbing to existing or future neighboring uses;
(5) 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 shall be able to provide adequately any such services;
(6) 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) Will not involve uses, activities, processes, 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, glare, or odors;
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
(9) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(e) Specific Criteria For Conditional Uses. The following are specific conditional use criteria and requirements for those uses conditionally permitted in this Zoning Ordinance as provided for in Section 1104.10
(e). Nothing in this section shall prohibit the Board of Zoning Appeals from prescribing supplementary conditions and safeguards in addition to these requirements in accordance with Section 1104.07
(g).
(f) Procedure and Requirements to Determine That A Use Is Substantially Similar.
(1) Where a specific use is proposed that is not listed or provided for in this Zoning Ordinance, the Board of Zoning Appeals may make a determination, upon appeal, that the proposed use is substantially similar to a specific use that is listed or provided for in this Zoning Ordinance. If the Board finds that a use is substantially similar to a specific use listed in this Zoning Ordinance, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is a permitted use, and a substantially similar conditional use in those districts where the specific use is a conditionally permitted use.
(2) In formulating a determination that a proposed use is a substantially similar use, the Board shall follow the procedures relating to appeals and variances as specified in Sections 1104.07 and 1104.08. Upon making a determination that a proposed use is substantially similar, the Board shall notify the Council of its decision and shall include in its written findings the reasoning upon which the decision is based. Unless the decision is rejected within thirty days of its receipt by the Council, such substantially similar use determination by the Board shall become effective.
(g) Remedy By Application For Amendment. If the Board of Zoning Appeals determines that a proposed use is not substantially similar, such determination shall not be appealed to the Council, but remedy may be sought by the appellant through the submission of an application for amendment as prescribed in Chapter 1105.
(h) Standards For Consideration Of Substantially Similar Uses. The following standards shall be considered by the Board when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:
(1) The compatibility of the proposed use with the general use classification system as specified in this Zoning Ordinance.
(2) The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning Ordinance as being permitted, or in the case of a conditional use, conditionally permitted, in that district.
(3) The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Ordinance.
(i) Effect of Determination That A Use Is Substantially Similar. Should a use be determined to be substantially similar to a specific permitted or conditionally permitted use provided for in this Zoning Ordinance, it shall then be permitted in the same manner under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar.
(j) Record of Substantially Similar Uses. The Zoning Commissioner shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use the record shall include the use as listed in the Zoning Ordinance, the use unlisted in the Zoning Ordinance about which the determination of substantial similarity was made, and the dates of any actions thereupon by the Board of Zoning Appeals or the Council. This record shall also contain the same information for all uses which have been determined not to be substantially similar. The Zoning Commissioner shall consult this record in the process of issuing future permits.
(Ord. 2015-09. Passed 7-13-15.)
1105.01 PROCEDURE BY LAW.
The procedure and regulations for amending this Ordinance and make District changes on the Zoning Map shall be in accordance with Ohio R.C. 713.12.
(Ord. 2015-09. Passed 7-13-15.)
1105.02 INITIATION OF AMENDMENT.
Amendments or Supplements to the Zoning Ordinance may be initiated by:
(a) Motion of Planning and Zoning Commission.
(b) By application of one or more owners or lessees of property within the area to be changed.
(c) By passage of a Resolution by the Village Council, which resolution shall be certified to the Planning and Zoning Commission.
(Ord. 2015-09. Passed 7-13-15.)
1105.03 SUBMISSION TO STATE TRANSPORTATION DIRECTOR.
Before any Amendment is approved effecting any land within three hundred feet of a center line of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Transportation Director, or any land within a radius of five hundred feet from the point of intersection of said centerline within a public road or highway, the Zoning Commissioner shall give notice by registered or certified mail to the Transportation Director as required in the Ohio R.C. 5511.01.
(Ord. 2015-09. Passed 7-13-15.)
1105.04 COMMISSION PUBLIC HEARING.
The Commission may schedule a public hearing not less than thirty days or more than sixty days from the date of receipt. Notice of such hearing shall be published once at least thirty days before the hearing date.
(Ord. 2015-09. Passed 7-13-15.)
1105.05 NOTICE TO PROPERTY OWNERS.
If the amendment will rezone ten or less parcels of land, written notice of the hearing shall be mailed by the Commission by first class mail at least twenty days before the hearing to all owners of property within and contiguous to and directly across the street or road from such area proposed to be rezoned or redistricted, to such addresses as appear on the County Auditor's current tax list. Notices set forth time and place of hearing, the nature of the proposed amendment or supplement, and a statement that the matter will be referred to Council. The written notice described herein for the meeting of the Planning Commission shall be by postcard; the written notice referenced in Section 1105.07 of the Codified Ordinances shall be by letter.
(Ord. 2015-09. Passed 7-13-15.)
1105.06 COMMISSION RECOMMENDATIONS.
Within fifteen days after the public hearing provided for in Section 1105.04 the Commission shall transmit its recommendations to Council granting, modifying or denying the amendment request.
(Ord. 2015-09. Passed 7-13-15.)
1105.07 COUNCIL PUBLIC HEARING.
Upon receipt of the recommendation from the Commission, Council shall schedule a public hearing within forty-five days, give thirty days public notice by newspaper and inform affected property owners as outlined in Section 1105.05.
(Ord. 2015-09. Passed 7-13-15.)
1105.08 ACTION BY COUNCIL.
Within sixty days after the hearing required by Section 1105.07, the Village Council shall either adopt, modify, or deny the recommendation of the Commission. In the event the Village Council denies or modifies the recommendation of the Commission, it must do so by not less than three-fourths of the full membership of Council. No such ordinance shall be passed unless it has been fully and distinctly read on three different days, except that such ordinance may become an emergency legislation if three-fourths of the members of Council vote to dispense with this rule.
(Ord. 2015-09. Passed 7-13-15.)
1105.09 REFERENDUM.
Such amendment adopted by Council shall become effective thirty days after the date of such adoption unless within thirty days there is presented to the Village Clerk a petition signed by a number of qualified voters residing in the Village equal to not less than ten percent (10%) of the total vote cast in the Village at the last preceding general election at which a Governor was elected, requesting the Council to submit the zoning amendment to the electors of the Village for approval or rejection at the next election.
(Ord. 2015-09. Passed 7-13-15.)
1105.10 EFFECTIVE DATE.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 2015-09. Passed 7-13-15.)
1105.11 FEES.
Whenever a zoning change is requested by the owner, lessee, or occupant of a property, a fee shall be assessed which is reasonably calculated to cover the out of pocket expenses to be incurred by the Village for investigation, legal notices, postage, etc., attendant to the request. Ordinarily, a nonrefundable fee of fifty dollars ($50.00) per lot shall be assessed; provided that, where circumstances of the request warrant, that summary be adjusted and provided further that, if actual expenses exceed the amount already on deposit with the Village, the applicant shall be required to pay, reimburse the balance to the Village.
(Ord. 2015-09. Passed 7-13-15.)
1106.01 ZONING COMMISSIONER.
(a) The position of Zoning Commissioner is hereby created. A person shall be appointed and serve at the pleasure of the Council of the Village of New London, under the general supervision and direction of the Village Administrator, and shall receive such compensation as the Council may provide.
(b) The Zoning Commissioner shall:
(1) Issue Zoning Permits when this Zoning Ordinance has been followed, or, refuse same in the event of noncompliance. Applications for zoning permits shall be made available at the Fiscal Officer's office.
(2) Determine the designated fees for Zoning Permits, Amendments, Appeals, Conditional Uses, and Exceptions; provided, however, that all such fees shall be collected by the Fiscal Officer's office.
(3) Make and keep records on all applications, issuance and denial of all permits, and on complaints of violations. All such documents shall be maintained by the Fiscal Officer.
(4) Enforce this Zoning Ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and request the Police Chief or Solicitor to commence appropriate legal action when necessary. All correspondence, citations, notices of violations, and other documents and records pertaining to the enforcement of the Zoning Ordinance shall be generated and maintained by the Zoning Commissioner, provided, however, that he may provide fully completed documents to the Fiscal Officer's office for copying and/or mailing.
(5) Keep the Planning and Zoning Commission advised and make recommendations regarding all matters other than routine duties pertaining to the enforcement of this Zoning Ordinance and to transmit all applications and records pertaining thereto.
(6) Keep the Board of Zoning Appeals advised of all matters pertaining to and make recommendations regarding Appeals, Variances, Conditional Uses and Exceptions and transmit all applications and records pertaining thereto.
(7) Provide a monthly report to the Council of the Village of New London regarding activities of this position.
(8) Refer permits along waterways to the Planning and Zoning Commission.
(9) Issue Certificate of Occupancy.
(Ord. 2012-35. Passed 9-24-12.)
1106.02 ZONING PERMITS REQUIRED.
(a) Buildings. Before constructing, changing the use of, changing the physical shape of, or structurally altering any building, including accessory buildings, or changing the use of any premises, application shall be made to the Zoning Commissioner for a Zoning Permit. The Zoning Permit requirements shall not include interior remodeling if the type of use is not changed and shall not include the non-structural installation or replacement of a roof covering, the nonstructural installation or replacement of siding, or general exterior upkeep and maintenance. The application shall include the following information:
(1) A plot plan drawn to scale showing the exact dimensions of the lot to be built upon;
(2) The location, dimensions, height and bulk of structures to be erected;
(3) The intended use;
(4) The yard, open area and parking dimensions;
(5) Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
(b) Signs. Before construction or altering any sign or outdoor advertising device requiring a Zoning Permit, a Zoning Permit shall be secured.
(d) Time Limitation. Within ten days after receipt of application, the Zoning Commissioner shall issue a Zoning Permit if the application complies with the requirements of this Zoning Ordinance and the application is accompanied by the proper fee. For purposes of this subsection, the ten-day limitation shall begin from the time that the applicant has both (A) paid the necessary fees to the Fiscal Officer and (B) submitted a completed application to the Fiscal Officer or to the Zoning Inspector personally. An application which is submitted to the Fiscal Officer shall then be faxed or sent electronically to the Zoning Commissioner on receipt by the Fiscal Officer.
(e) Void Permits. The Zoning Permit shall become void six months after date of issuance unless construction is started. If no construction is started or use changed within six months of date of Permit, a new Permit is required upon application. Once a zoning permit has been issued and outstanding for a period of six months, if, at any time there, is no substantial progress being made in the completion of the project, the Zoning Commissioner may give written notice to the permit holder, whereupon, if thirty days passes without additional substantial progress in connection with the work, the Zoning Commissioner may declare the permit to have expired. A zoning permit shall automatically expire twelve months after any portion of the construction actually commences.
(Ord. 2015-09. Passed 7-13-15.)
1106.03 SUBMISSION TO STATE TRANSPORTATION DIRECTOR.
Before any Zoning Permit is issued effecting any land within three hundred feet of a center line of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Transportation Director, or any land within a radius of five hundred feet from the point of intersection of said center line within a public road or highway, the Zoning Commissioner shall give notice by registered or certified mail to the Transportation Director as required in the Ohio R.C. 5511.01.
(Ord. 2015-09. Passed 7-13-15.)
1106.04 CERTIFICATE OF OCCUPANCY. (REPEALED)
(EDITOR'S NOTE: This section was repealed by Ordinance 03-01, passed September 23, 2003.)
1106.05 TEMPORARY CERTIFICATE OF OCCUPANCY. (REPEALED)
(EDITOR'S NOTE: This section was repealed by Ordinance 03-01, passed September 23, 2003.)
1106.06 FEE FOR ZONING PERMITS.
(a) A fee, in accordance with a fee schedule adopted by the New London Village Council, shall accompany each application for a Zoning Permit and shall be deposited with the Fiscal Officer to the credit of the General Fund of the Village of New London. Said fee schedule may be adjusted as necessary by action of Council.
(b) Every Zoning Permit shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all zoning certificates shall be kept on file in the office of the Zoning Commissioner or his agent, and copies shall be furnished upon request to any person having proprietary or tenant's interest in the building or land affected.
(Ord. 2015-09. Passed 7-13-15.)
1106.07 VIOLATIONS.
Buildings or signs erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Zoning Ordinance are declared to be a nuisance per se and shall be subject to the penalties stated in this Zoning Ordinance. Any building or land use activities considered possible violations of the provisions of this ordinance which are observed by the residents of the Village of New London shall be reported to the Zoning Commissioner.
(Ord. 2015-09. Passed 7-13-15.)
1106.08 INSPECTION.
The Zoning Commissioner shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1106.09 CORRECTION PERIOD.
All violations shall be corrected within a period of ten days after the written order is issued or for a longer period of time if deemed reasonably appropriate in the judgment of the Zoning Commissioner. Any violations not corrected within the specified time period shall be reported to the Solicitor who shall initiate appropriate legal proceedings.
(Ord. 2015-09. Passed 7-13-15.)
1106.10 PENALTY.
The owner or owners of any building or premises or part thereof where anything in violation of this Zoning Ordinance shall be placed or shall exist, and any tenant or occupant of such building or premises, and any architect, builder or contractor, or any other person who shall violate any of the provisions of this Zoning Ordinance or fail to comply therewith is guilty of a minor misdemeanor. Each day, such violation or failure to comply shall exist, shall constitute a separate offense.
(Ord. 2021-42. Passed 11-22-21.)
1107.01 PURPOSE, ESTABLISHMENT.
This Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare by regulating and limiting the use of land areas and buildings and the erection, restoration and alteration of buildings and the use thereof for residential, business and industrial purposes; to regulate the area and dimensions of land, yards and open spaces so as to secure adequate light, air and safety from fire and other dangers; to lessen or avoid congestion in the public streets; to regulate and restrict bulk, height, design, percent of lot occupancy and the location of buildings, to protect the character of the existing agricultural, residential, business, industrial, and institutional areas and to assure their orderly and beneficial development; to provide for the orderly growth and development of lands, and for such purposes, the Village of New London has divided the Village into the following zoning districts.
R-1 Single Family Residential District
R-2 Two Family Residential District
R-3 Multi-Family Residential District
MHP Manufactured Home Park Residential District
DBD Downtown Business District
C-3 General Commercial District
M-1 Light Industrial District
M-2 Heavy Industrial District
PPOS Public Parks and Open Space
DPS Downtown Preservation District
(Ord. 2024-22. Passed 10-28-24.)
1107.02 INTENT OF DISTRICT REGULATIONS.
It is the intent of this Chapter and Chapters 1108 through 1116 to set forth regulations within each district concerning permitted uses, the conditionally permitted uses, and the general requirements of the district. Matters that involve uses not specifically defined or stated which cannot reasonably be interpreted by the Zoning Commissioner shall be referred to the Planning and Zoning Commission.
(Ord. 2015-09. Passed 7-13-15.)
1107.03 ZONING MAP.
(b) The Official Zoning Map shall be drawn on a permanent, reproducible material and identified by the signatures of the President of Council and mayor of the Village of New London, Ohio.
(Ord. 2015-09. Passed 7-13-15.)
1107.04 AMENDMENTS.
If in accordance with the provisions of this Zoning Ordinance and Ohio R.C. Chapter 713, changes are made in district boundaries or other matters shown on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendments lawful effective date with an entry indicating the ordinance number and date.
(Ord. 2015-09. Passed 7-13-15.)
1107.05 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundary of any of the Zoning Districts shown on the Official Zoning Map, the following rules shall apply:
(a) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such lines shall be construed to be said boundaries.
(b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(c) Where district boundaries are so indicated that they are approximately parallel to the center lines of streets or the center of right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map.
(d) Where a boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
(Ord. 2015-09. Passed 7-13-15.)
1108.01 PURPOSE.
The purpose of the Single-family Residential District is to provide low density single-family dwellings erected on permanent foundations along collector, local and cul-de-sac streets.
(Ord. 2015-09. Passed 7-13-15.)
1108.02 SHORT NAME.
The short name and map symbol of the Single-Family Residential District is R-1.
(Ord. 2015-09. Passed 7-13-15.)
1108.03 PERMITTED USES.
(a) Single-family detached dwellings.
(b) Public parks and playgrounds.
(c) Home occupations.
(d) Accessory buildings and structures and their related uses.
(e) Dishes or other similar devices for the reception or transmission of electromagnetic signals provided such device is for the sole use of the occupants of the principal use of property on which the device is located.
(f) Roof mounted solar panels.
(g) Manufactured homes which are in compliance with Section 1108.05(g).
(Ord. 2016-09. Passed 8-22-16.)
1108.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principles outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Public and private schools for academic instruction either state accredited or approved by the Board of Zoning Appeals.
(b) Religious institutions.
(c) Public uses.
(d) Adult care facilities.
(e) Ground mounted solar panels installed on side or rear yards.
(f) Bed and breakfast facilities.
(Ord. 2015-09. Passed 7-13-15.)
1108.05 GENERAL REQUIREMENTS OF THE R-1 SINGLE FAMILY DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed thirty-five feet (35').
(b) Lot Area and Width: Every lot shall have a minimum width of 60 feet and a minimum lot area of not less than 6,000 square feet exclusive of road right-of-way.
(1) Front yard: There shall be a front yard of not less than 40'.
(2) Side yard: Side yards shall be not less than 5' on each side.
(3) Rear yard: There shall be a rear yard of not less than 10'.
(4) Corner lots: The principal building and its accessory structures shall have the same minimum setback distance from all street right-of-way lines as required for the front yard.
(d) Maximum Lot Occupancy: The maximum percentage of the total lot area which may be occupied by both the principal and accessory buildings shall be 30%.
(Ord. 2015-09. Passed 7-13-15.)
(g) Dwelling Area: Dwellings or structures shall have a minimum area of living space by outside dimensions, exclusive of porches, garages, and cellars or basements as herein specified.
(1) Single family dwellings with basement 1,100 square feet.
(2) Single family dwelling without basement: 1,200 square feet.
(3) Manufactured homes shall have a minimum of 980 square feet living space.
Basements are not required for any single-family dwelling. If a basement is included as part of the house plans, at the time of permitting, then a minimum square footage of 600 square feet of floor area shall be required. Single family dwellings shall not be less than 24 feet in width and depth; provided, however, that manufactured homes described in subsection (g)(3) shall be at least 14 feet in width. (Ord. 2016-09. Passed 8-22-16.)
(h) The single-family dwelling unit shall meet the requirements of the Board of Health with jurisdiction in the Village and/or those other authorities before being issued zoning permits.
(I) Accessory Uses or Structures:
(1) Location: All accessory uses or structures shall be located even with or behind the front of the principal structure within any side or rear yard, no closer than ten (10) feet from any side or rear lot line.
(2) Permitted Area: The total area of all accessory uses or structures may not occupy more than 30% of the total rear yard in a residential district, except for swimming pools which shall be exempted from these area regulations.
(3) The maximum permitted size of an accessory building that is accessory to a residential use shall be determined by the provisions outlined in Chapter 1117.
(Ord. 2015-09. Passed 7-13-15.)
1109.01 PURPOSE.
The purpose of the Two-family Residential District is to provide medium density residential dwelling units (single and two family dwellings) and to serve as a transition district between lower density and higher density districts erected on permanent foundations along collector, local and cul-de-sac streets.
(Ord. 2015-09. Passed 7-13-15.)
1109.02 SHORT NAME.
The short name and map symbol of the Two-Family Residential District is R-2.
(Ord. 2015-09. Passed 7-13-15.)
1109.03 PERMITTED USES.
(a) Single and two-family detached dwellings.
(b) Public parks and playgrounds.
(c) Accessory buildings and structures and their related uses.
(d) Home occupations.
(e) Dishes or other similar devices for the reception or transmission of electromagnetic signals, provided such device is for the sole use of the occupants of the principal use of property on which the device is located.
(f) Roof mounted solar panels.
(Ord. 2015-09. Passed 7-13-15.)
1109.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principles outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Public and private schools for academic instruction either state accredited or approved by the Board of Zoning Appeals.
(b) Religious institutions.
(c) Child and day care facilities.
(d) Nursing homes.
(e) Funeral homes.
(f) Public uses.
(g) Ground mounted solar panels installed on side or rear yards .
(h) Bed and breakfast facilities .
(Ord. 2015-09. Passed 7-13-15.)
1109.05 GENERAL REQUIREMENTS OF THE R-2 TWO- FAMILY RESIDENTIAL DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed thirty-five feet (35').
(b) Lot Area and Width: Every lot shall have a minimum width of 60 feet and a minimum lot area of not less than 10,000 square feet exclusive of road right-of-way.
(1) Front yard: There shall be a front yard of not less than 40'.
(2) Side yard: Side yards shall be not less than 5' on each side.
(3) Rear yard: There shall be a rear yard of not less than 10'.
(4) Corner lots: The principal building and its accessory structures shall have the same minimum setback distance from all street right-of-way lines as required for the front yard.
(d) Maximum Lot Occupancy: The maximum percentage of the total lot area which may be occupied by both the principal and accessory buildings shall be 30%.
(g) Dwelling Area: Dwellings or structures shall have a minimum area of living space by outside dimensions, exclusive of porches, garages, and cellars or basements as herein specified.
(1) Single family dwellings with basement 1,200 square feet
(2) Single family dwelling without basement: 1,300 square feet
(3) Two family dwelling with basement 1,000 sq ft per unit
(4) Two family dwelling without basement 1,100 sq ft per unit
(5) Basements are not required for any single or two family dwelling. If a basement is included as part of the house plans, at the time of permitting, then a minimum square footage of 600 square feet of floor area shall be required for single family dwellings and 375 sq ft of floor area shall be required for each unit of a two family dwelling. Single and two family dwellings shall not be less than 24 feet in width and depth.
(h) The single and/or two family dwelling unit shall meet the requirements of the Board of Health with jurisdiction in the Village and/or those other authorities before being issued zoning permits.
(i) Accessory Uses or Structures:
(1) Location: all accessory uses or structures shall be located even with or behind the front of the principal structure within any side or rear yard, no closer than ten (10) feet from any side or rear lot line.
(2) Permitted Area: The total area of all accessory uses or structures may not occupy more than 30% of the total rear yard area in residential districts, except for swimming pools which shall be exempted from these area regulations.
(3) The maximum permitted size of an accessory building that is accessory to a residential use shall be determined by the provisions outlined in Chapter 1117.
(j) Conversion of Dwelling to More Units: A residence may not be converted to accommodate an increased number of dwelling units unless all of the following criteria are met:
(1) The yard dimensions still meet the yard dimensions required for new structures in the zoning district;
(2) The lot area per family equals the lot area requirements for new structures in this zoning district;
(3) The floor area per dwelling unit is not reduced to less than that which is required for new construction in this zoning district; and
(4) The conversion is in compliance with all other relevant codes for such structures.
(Ord. 2015-09. Passed 7-13-15.)
1110.01 PURPOSE.
The purpose of the Multi-family Residential District is to provide high density multi and two family residential dwelling units and to serve as a transition district between medium density residential uses and commercial districts. Structures shall be erected on permanent foundations along minor arterials, collector, and local streets.
(Ord. 2015-09. Passed 7-13-15.)
1110.02 SHORT NAME.
The short name and map symbol of the Multi-Family Residential District is R-3.
(Ord. 2015-09. Passed 7-13-15.)
1110.03 PERMITTED USES.
(a) Two-family and multi-family detached dwellings.
(b) Public parks and playgrounds.
(c) Accessory buildings and structures and their related uses.
(d) Home occupations.
(e) Adult care facilities.
(f) Dishes or other similar devices for the reception or transmission of electromagnetic signals, provided such device is for the sole use of the occupants of the principal use of property on which the device is located.
(g) Roof mounted solar panels.
(Ord. 2015-09. Passed 7-13-15.)
1110.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principles outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Public and private schools for academic instruction either state accredited or approved by the Board of Zoning Appeals.
(b) Religious institutions.
(c) Nursing homes.
(d) Funeral homes.
(e) Country clubs.
(f) Child/daycare facilities.
(g) Health/recreation facility.
(h) Public uses.
(I) Ground mounted solar panels in side or rear yards.
(j) Bed and breakfast facilities.
(Ord. 2015-09. Passed 7-13-15.)
1110.05 GENERAL REQUIREMENTS OF THE R-3 MULTI - FAMILY RESIDENTIAL DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed thirty-five feet (35').
(b) Lot Area and Width: Every lot shall have a minimum width of 60 feet and a minimum lot area of not less than 10,000 square feet exclusive of road right-of-way. An additional 1,000 square feet of lot area must be added per family for dwellings having more than 2 dwelling units.
(1) Front yard: There shall be a front yard of not less than 40'.
(2) Side yard: Side yards shall be not less than 10' on each side.
(3) Rear yard: There shall be a rear yard of not less than 25'.
(4) Corner lots: The principal building and its accessory structures shall have the same minimum setback distance from all street right-of-way lines as required for the front yard.
(d) Maximum Lot Occupancy: The maximum percentage of the total lot area which may be occupied shall be 60%.
(g) Dwelling Area: Dwellings or structures shall have a minimum area of living space by outside dimensions, exclusive of porches, garages, and cellars or basements as herein specified.
(1) Single multi family and/or two family dwellings with
A. One bedroom- 900 square feet
B. Two Bedroom- 1,100 square feet
C. Three Bedroom- 1,300 square feet
(2) All buildings shall not be less than 24 feet in width and depth.
(h) The multi-family dwelling unit shall meet the requirements of the Board of Health with jurisdiction in the Village and/or those other authorities before being issued zoning permits.
(I) Accessory Uses or Structures:
(1) Location: all accessory uses or structures shall be located even with or behind the front of the principal structure within any side or rear yard, no closer than fifteen (15) feet from any side or rear lot line.
(2) Permitted Area: The total area of all accessory uses or structures may not occupy more than 30% of the total rear yard in a residential district, except for swimming pools which shall be exempted from these area regulations.
(3) The maximum permitted size of an accessory building that is accessory to a residential use shall be determined by the provisions outlined in Chapter 1117.
(j) Conversion of Dwelling to More Units: A residence may not be converted to accommodate an increased number of dwelling units unless all of the following criteria are met:
(1) The yard dimensions still meet the yard dimensions required for new structures in the zoning district;
(2) The lot area per family equals the lot area requirements for new structures in this zoning district;
(3) The floor area per dwelling unit is not reduced to less than that which is required for new construction in this zoning district; and
(4) The conversion is in compliance with all other relevant codes for such structures.
(Ord. 2015-09. Passed 7-13-15.)
1111.01 PURPOSE.
The purpose of the Manufactured Home Park Residential District is to provide areas for manufactured home parks which will be located, designed and improved so as to provide a desirable residential environment, access for vehicular traffic without undue traversing of minor streets in adjoining areas, and overall accessibility equivalent to that of other forms of permitted residential development.
(Ord. 2015-09. Passed 7-13-15.)
1111.02 SHORT NAME.
The short name and map symbol of the Manufactured Home Residential District is MHP.
(Ord. 2015-09. Passed 7-13-15.)
1111.03 JURISDICTION.
Where other regulations exist, such as the Ohio Revised Code Chapter 3733, the more stringent regulations shall apply. Plan approvals issued under ORC 3733 do not exempt a manufacturing/mobile home park from land use and building requirements of the Village.
(Ord. 2015-09. Passed 7-13-15.)
1111.04 PLATS.
No permits or approvals will be issued for manufacturing home parks that are not platted. Unplatted manufactured home parks must be platted as a single lot plat.
(Ord. 2015-09. Passed 7-13-15.)
1111.05 STREET ACCESS.
Manufactured home parks must have direct access to and be located on a principal arterial, minor arterial or major collector street.
(Ord. 2015-09. Passed 7-13-15.)
1111.06 PARK AREA AND SIZE STANDARDS.
(a) Manufactured home park districts that are established solely for the development of a single owner manufactured home park must have a minimum area of five (5) acres, with a minimum width of sixty feet (60) on those portions of the site used for general vehicular entrances and exits.
(b) At least twenty-five (25) manufactured home lots must be completed and ready for occupancy before the first occupancy is permitted.
(c) Manufactured home parks must be developed on a single parcel except where the site is divided by public streets or alleys.
(d) The above limitations in Section 1111.06 do not apply to expansions of existing manufactured home parks.
(Ord. 2015-09. Passed 7-13-15.)
1111.07 ACCESSORY USES.
The following are allowed as accessory uses in manufactured home parks:
(a) Parks, playgrounds, community buildings and non-commercial recreational facilities such as golf courses, shuffleboard courts, swimming pools, tennis courts and the like.
(b) Structures and uses required for the operation of a public utility, performance of a governmental function, or performance of any function necessary for the construction, operation, or maintenance of manufactured home parks.
(Ord. 2015-09. Passed 7-13-15.)
1111.08 PROHIBITED USES.
(a) Recreational vehicles may not be occupied as living quarters.
(b) Sales lots are not permitted, but manufactured home units for re-sale on lots within the park may be sold.
(Ord. 2015-09. Passed 7-13-15.)
1111.09 REQUIRED OUTDOOR LIVING AREA.
In manufactured home parks, an outdoor living area containing not less than four hundred eighty square feet (480 sf) must be provided on each lot. Such outdoor living area must be properly drained and located for convenience and optimum use and may not include required setbacks or parking areas.
(Ord. 2015-09. Passed 7-13-15.)
1111.10 STORM SHELTER.
A manufactured home park must provide one or more storm shelters, with fifteen square feet (15 sf) of floor space for each lot. An existing building that complies with these provisions may serve as a storm shelter. A storm shelter must:
(a) Be a building complying with the Association Standards for the Design, Construction, and Performance of Storm Shelters produced by the National Storm Shelter Association,
(b) Be clearly marked with a sign at or near its entrance, and
(c) Be accessible at all times, either by being kept unlocked or by a person with access being present at the manufactured home park at all times.
(Ord. 2015-09. Passed 7-13-15.)
1111.11 PARKING.
In manufactured home parks, at least one of the required residential parking spaces must be located on the lot occupied by the manufactured home unit served, but not in the front setback. Additional required spaces may be located within a common parking area provided within the manufactured home park. The off-street requirement will be construed to be met if the parking within the common parking areas is so arranged that there is no vehicle maneuvering incidental to such parking on travel lanes of streets or places.
(Ord. 2015-09. Passed 7-13-15.)
1111.12 COMMON RECREATIONAL FACILITIES.
Common recreational facilities within a manufactured home park must be provided at the rate of not less than one-half (½) acre per fifty (50) manufactured home units, and no less than one (1) acre in the development for fewer than one-hundred (100) manufactured home units.
(a) Roadways, bikeways and parking, easement or setback areas may not be included in the recreational space computations.
(b) Recreational areas must be located to serve best the recreational needs of the residents of the development.
(c) The space allocated for recreational use must be contiguous, unless the applicant demonstrates to the satisfaction of the Planning and Zoning Commission that two (2) or more separate areas would be preferable.
(d) The recreational area or areas must be closed to automotive traffic except for maintenance and service vehicles, and must be improved and maintained for the use intended.
(Ord. 2015-09. Passed 7-13-15.)
1111.13 SITE PLAN REVIEW.
Manufactured home parks are subject to Site Plan Review procedures of Chapter 1122 of this Ordinance. General site planning for manufactured home parks must be carried out in accordance with Chapters 3701-27 of the Ohio Administrative Code.
(Ord. 2015-09. Passed 7-13-15.)
1111.14 MANAGEMENT.
Each manufactured home park must be managed by an operator licensed in accordance with Chapter 3701-27 of the Ohio Administrative Code. The operator must establish rules governing the operations and maintenance of the manufactured home park and assume responsibility for enforcement of those rules. These rules must be conspicuously posted or provided to each occupant as they initially enter the park.
(Ord. 2015-09. Passed 7-13-15.)
1112.01 PURPOSE.
The purpose of the Downtown Business District is to protect, preserve and enhance the downtown of the Village of New London providing a mix of government, institutional, commercial and retail goods and services that are within a walking distance of adjacent residential neighborhood areas.
(Ord. 2015-09. Passed 7-13-15.)
1112.02 SHORT NAME.
The short name and map symbol of the Downtown Business District- DBD.
(Ord. 2015-09. Passed 7-13-15.)
1112.03 PERMITTED USES.
(a) Specialized retail uses and shops including women's or men's apparel, shoes, antique shops, jewelry stores, gift shops, studios of art, dance, photography or music, bookstores (other than adult book stores) and coffee shops.
(b) Sit down restaurants.
(c) Business, union, charitable, finance, professional, and consulting offices, medical clinics and doctors/dental offices.
(d) Laundromats/dry cleaning services.
(e) Government offices.
(f) Personal service establishments such as barber shops, beauty/nail shops and tanning facilities.
(g) Florists.
(h) Ice cream shops.
(i) Baked goods.
(j) Churches and places of religions worship.
(k) Funeral homes.
(l) Banks and financial institutions.
(m) Accessory buildings and uses customarily incidental to any permitted uses.
(n) Off-street parking lots.
(o) Mixed-use buildings (commercial on first floor, residential on upper floors).
(p) Multi-family dwellings/apartments.
(Ord. 2015-09. Passed 7-13-15.)
1112.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principals outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Private or non-profit clubs and lodges.
(b) Non-commercial recreation facilities.
(c) Child care facilities.
(d) Gasoline stations.
(e) Theaters and concert halls.
(f) Convenience food stores.
(Ord. 2015-09. Passed 7-13-15.)
1112.05 GENERAL REQUIREMENTS OF THE DOWNTOWN BUSINESS DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed sixty-five feet (65').
(b) Lot Area and Width: There is no minimum lot width or minimum lot size for uses in the DBD.
(1) Front yard: No front yards are required
(2) Side yard: No side yards are required
(3) Rear yard: No rear yards are required
(4) Corner lots: The principal building and accessory structures shall have the same minimum setback distance from all street right-of-way lines as other existing structure possess within the DBD.
(d) Maximum Lot Occupancy.
(g) Accessory Uses or Structures: Accessory structures may not be located closer to the public right-of-way than the principal structure.
(Ord. 2015-09. Passed 7-13-15.)
1113.01 PURPOSE.
The purpose of the General Commercial Zoning District is to provide a mix of commercial and retail goods and services to accommodate the needs of the transient motoring public. This district will be closely associated with major arterials and higher traffic intersections and thoroughfares in the Village.
(Ord. 2015-09. Passed 7-13-15.)
1113.02 SHORT NAME.
The short name and map symbol of the General Commercial District is C-3.
(Ord. 2015-09. Passed 7-13-15.)
1113.03 PERMITTED USES.
(a) Retail sales for medicine, food, carryout, clothing, discount and variety goods.
(b) Restaurants with or without drive-up or drive through facilities.
(c) Business, union, charitable, finance, professional, and consulting offices, medical clinics and doctors/dental offices.
(d) Laundromats/dry cleaning services.
(e) Public uses.
(f) Funeral homes.
(g) Personal service establishments such as barber shops, beauty/nail shops and tanning facilities.
(h) Florists.
(i) Antique sales.
(j) Churches and places of religions worship.
(k) Accessory buildings and uses customarily incidental to any permitted uses.
(l) Off-street parking lots.
(m) Private or non-profit clubs and lodges.
(n) Studios of art, dance, photography, or music.
(o) Outdoor vending machines.
(p) Hotels and motels.
(q) Car washes.
(r) Supermarkets, shopping centers.
(s) Theaters and concert halls.
(t) Printing shops having a retail office on the premises.
(u) Animal hospitals and veterinary offices where there are no outside runs or kennels.
(v) Banks and similar financial institutions.
(w) Nursing homes/congregate housing.
(x) Gasoline stations and automobile repair shops.
(y) Automotive, boat, manufactured/mobile home, or recreational vehicle sales and service.
(z) Multi-family residential apartments and/or mixed-use buildings (commercial on first floor and residential on upper floors).
(Ord. 2015-09. Passed 7-13-15.)
1113.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principals outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Child care facilities.
(b) Amusement arcades.
(c) Self-service storage facilities.
(d) Wholesale storage and distribution.
(e) Warehouse and distribution.
(f) Rental of heavy equipment or trucks.
(g) Recycling centers.
(Ord. 2015-09. Passed 7-13-15.)
1113.05 GENERAL REQUIREMENTS OF THE C-3 GENERAL COMMERCIAL DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed sixty-five feet (65').
(b) Lot Area and Width: There is no minimum lot width or minimum lot size for uses in the C-3 District.
(1) Front yard: There shall be a front yard of not less than 40'
(2) Side yard: No side yards are required except when a lot or tract of land abuts a residential district or land use; in such event, the side yard requirements shall be 40 feet.
(3) Rear yard: No rear yards are required except when a lot or tract abuts a residential district or land use; in such event the rear yard requirements shall be not less than 40 feet.
(4) Corner lots: The principal building and accessory structures shall have the same minimum setback distance from all street right-of-way lines as required for the front yard.
(d) Maximum lot coverage of all buildings and accessory structures may not exceed eighty-five percent 85%.
(g) Accessory Uses or Structures: Accessory structures may not be located closer to the public right-of-way than the principal structure.
(Ord. 2015-09. Passed 7-13-15.)
1114.01 PURPOSE.
The purpose of the Light Industrial Zoning District is to permit the manufacture, assembly, storage, or transfer activities whose nature of operation produces a minimum of noise, odor, dust, and smoke. The permitted uses are also associated with little outside storage or assembly and typically are of low density usage. This district shall provide lands where manufacturing; processing; warehousing; research and testing; rail, air, and trucking transportation operations shall be the primary land uses; and such lands shall be located on or adjacent to arterials, and collector thoroughfares. All outdoor storage of raw materials or products shall be stockpiled in an orderly manner so as not to be objectionable to any neighboring property, and such storage shall be properly screened with well maintained fences and/or landscaping. Residences are not permitted to be constructed hereafter, in any M District.
(Ord. 2015-09. Passed 7-13-15.)
1114.02 SHORT NAME.
The short name and map symbol of the Light Industrial District is M-1.
(Ord. 2015-09. Passed 7-13-15.)
1114.03 PERMITTED USES.
Buildings or lots within the M-1 District may be used for the following purposes:
(a) Manufacturing or assembly processes which by the nature of the materials, equipment, and process used are to a considerable measure clean, quiet, and free of objectionable or hazardous elements. Manufacturing processes shall consist of the following activities and those of a similar nature:
(1) Jewelry.
(2) Drugs.
(3) Musical instruments.
(4) Sporting goods.
(5) Small household appliances.
(6) Processing household goods.
(7) Electronic components, photographic equipment, computers, accessories, and communication equipment manufacturing.
(8) Lumber storage and dealers.
(9) Contractor's yards and offices.
(10) Warehouses, including wholesale warehouses (excluding bio-hazardous, toxic, or explosive materials).
(11) Printing and publishing plants.
(12) Carting and hauling.
(13) Grain and feed dealers.
(14) Bottling or canning plants.
(15) Automotive and other repair and temporary storage.
(16) Accessory structures and uses incidental to the above uses.
(17) Furniture and office equipment manufacture.
(18) Clothing goods, apparel, and accessory manufacturing.
(19) Fur and personal leather goods manufacturing.
(20) Glass products manufacturing, made of purchased glass.
(21) Engineering, medical, laboratory, scientific and research instruments and associated equipment manufacturing.
(b) Public parks and playgrounds.
(c) Recreational sporting facilities.
(d) Nurseries, horticulture and forestry facilities.
(e) Utility facilities.
(f) Sexually oriented businesses.
(g) Any use permitted in the C-3 General Commercial District.
(Ord. 2018-15. Passed 7-23-18.)
1114.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principals outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Railroad yards and terminal facilities.
(b) Stone monument works and sales.
(c) Manufacture of pottery or ceramic products.
(d) Laundry, cleaning, and dyeing works; carpet and rug cleaning.
(e) Wireless telecommunications facilities .
(f) Metal cans and containers manufacturing.
(g) Building materials.
(Ord. 2015-09. Passed 7-13-15.)
1114.05 GENERAL REQUIREMENTS OF THE M-1 LIGHT INDUSTRIAL DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed sixty-five feet (65').
(b) Lot Area and Width: There is no minimum lot width or minimum lot size for uses in the M-1 district.
(1) Front yard: There shall be a minimum front yard of not less than 40'.
(2) Side yard: No side yards are required except when a lot or tract of land abuts a residential district or land use; in such event, the side yard requirements shall be 40 feet.
(3) Rear yard: No rear yards are required except when a lot or tract abuts a residential district or land use; in such event the rear yard requirements shall be not less than 40 feet.
(4) Corner lots: The principal building and accessory structures shall have the same minimum setback distance from all street right-of-way lines as required for the front yard.
(d) Maximum Lot Coverage: The maximum percentage of the total lot area which may be occupied by both principal and accessory buildings for light industrial uses shall be eighty-five percent (85%).
(g) Accessory Uses or Structures: Accessory structures may not be located closer to the public right-of-way than the principal structure.
(h) Trash and Garbage Control: All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. Screening of trash and garbage areas shall meet the requirements of Chapter 1120. Container systems shall not be located in front yards.
(Ord. 2015-09. Passed 7-13-15.)
1115.01 PURPOSE.
The purpose of the Heavy Industrial Zoning District is to permit the manufacture and assembly activities whose nature of operation may produce noise, odor, dust, and smoke. This district shall provide lands where manufacturing and assembly; warehousing; rail, air, and trucking transportation operations shall be the primary land uses; and such lands shall be located on or adjacent to arterials, and collector thoroughfares. All outdoor storage of raw materials or products shall be stockpiled in an orderly manner so as not to be objectionable to any neighboring property, and such storage shall be properly screened with well maintained fences and/or landscaping. Residences are not permitted to be constructed hereafter, in any M District.
(Ord. 2015-09. Passed 7-13-15.)
1115.02 SHORT NAME.
The short name and map symbol of the Heavy Industrial District is M-2.
(Ord. 2015-09. Passed 7-13-15.)
1115.03 PERMITTED USES.
Buildings or lots within the M-2 District may be used for the following purposes:
(a) Any use permitted in the M-1 District.
(b) Any manufacturing, assembly or extracting process not otherwise prohibited or not otherwise limited by this Chapter.
(c) Any transportation or utility yard or facility.
(d) Accessory uses and buildings customarily incidental to any permitted use.
(e) Stone monument works and sales.
(f) Manufacture of pottery or ceramic products.
(g) Metal cans and containers manufacturing.
(h) Building materials.
(I) Laundry, cleaning, and dyeing works; carpet and rug cleaning.
(j) Sexually oriented businesses.
(Ord. 2015-09. Passed 7-13-15.)
1115.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principals outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Chemical manufacture.
(b) Petroleum refineries and storage areas.
(c) Cement, lime, gypsum, plaster manufacture.
(d) Waste disposal or incineration facilities.
(e) Wireless telecommunications facilities.
(f) Junk yards.
(Ord. 2015-09. Passed 7-13-15.)
1115.05 GENERAL REQUIREMENTS OF THE M-2 HEAVY INDUSTRIAL DISTRICT.
(a) There is no maximum building height in the M-2 District. However, for structures that exceed 65 feet, the following applies:
(1) All required yards are increased by one foot (1') for each one foot (1') of building height up to a maximum of 100 feet.
(2) Buildings exceeding 65 feet in height shall be approved by the Fire Chief.
(b) Lot Area and Width: There is no minimum lot width or minimum lot size for uses in the M-2 district.
(d) Front Yard: There shall be a minimum front yard of not less than 40 feet.
(e) Side Yard: No side yards are required except when a lot or tract of land abuts a residential district or land use; in such event, the side yard requirements shall be 40 feet.
(f) Rear Yard: No rear yards are required except when a lot or tract abuts a residential district or land use; in such event the rear yard requirements shall be not less than 50 feet (50').
(g) Corner Lots: The principal building and accessory structures shall have the same minimum setback distance from all street right-of-way lines as required for the front yard.
(h) Maximum Lot Coverage: The maximum percentage of the total lot area which may be occupied by both principal and accessory buildings for heavy industrial uses may be one-hundred percent (100%).
(k) Accessory Uses or Structures: Accessory structures may not be located closer to the public right-of-way than the principal structure.
(l) Trash and Garbage Control: All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. Screening of trash and garbage areas shall meet the requirements of Chapter 1120. Container systems shall not be located in front yards.
(Ord. 2015-09. Passed 7-13-15.)
1116.01 PURPOSE.
The purpose of the Public Parks and Open Space Zoning District is to protect, preserve and enhance significant open space lands, the Village’s recreational facilities, cemetery and public water reservoir, and other park spaces which are made available to the public, and to promote recreational uses, camp grounds and essential public facilities that are compatible with these natural assets and amenities. (Ord. 2020-30. Passed 11-9-20.)
1116.02 SHORT NAME.
The short name and map symbol of the Public Parks and Open Space Zoning District is PPOS.
(Ord. 2015-09. Passed 7-13-15.)
1116.03 PERMITTED USES.
Buildings, facilities and/or lots within the PPOS District may be used for the following purposes:
(a) Recreational campgrounds.
(b) Parks.
(c) Baseball, softball, football and soccer fields.
(d) Reservoirs and water supply lands.
(e) Accessory uses and buildings customarily incidental to any permitted use.
(f) Agricultural uses.
(g) Landscaping nurseries and greenhouses.
(h) Multi-purpose trails.
(I) Public swimming pools.
(j) Public tennis courts.
(k) Basketball courts.
(l) Cemeteries.
(m) Golf courses.
(Ord. 2015-09. Passed 7-13-15.)
1116.04 CONDITIONALLY PERMITTED USES.
A conditional use permit may be issued in accordance with the provisions of Section 1104.10 of these regulations provided that the applicant can demonstrate that the proposed use is consistent with those general principals outlined in Section 1104.10 (d), (e) and (f) or other conditions as required by the Board of Zoning Appeals and conditions referred to in the following descriptions:
(a) Recreational facilities such as stadiums, hockey arenas, indoor athletic fields and aquatic facilities.
(b) Essential public facilities.
(c) Boat launches.
(d) Equestrian facilities.
(Ord. 2015-09. Passed 7-13-15.)
1116.05 GENERAL REQUIREMENTS OF THE PPOS DISTRICT.
(a) Maximum Building Height: No building shall be erected or enlarged to exceed sixty-five feet (65').
(b) Lot Area and Width: There is no minimum lot width or minimum lot size for uses in the PPOS district.
(d) Front Yard: No front yards are required.
(e) Side Yard: No side yards are required.
(f) Rear Yard: No rear yards are required.
(g) Corner Lots: Not applicable to this district.
(h) Maximum Lot Coverage: Not applicable to this district.
(i) Parking Requirements: Notwithstanding the Parking Requirements as set forth in Chapter 1118, gravel parking areas are permissible.
(k) Accessory Uses or Structures: Not applicable.
(l) Trash and Garbage Control: All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. Screening of trash and garbage areas shall meet the requirements of Chapter 1120.
(Ord. 2020-30. Passed 11-9-20.)
1117.01 GENERAL.
The purpose of supplementary district regulations is to set specific conditions for various uses, classification of uses, or areas wherein problems may occur in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.
(Ord. 2015-09. Passed 7-13-15.)
1117.02 AGRICULTURE PERMITTED BUT LIMITED.
No building to house animals, other than domestic pets, shall be erected in any "Residential or Commercial", Districts. A Zoning Permit is not required for a domestic pet structure.
(a) Farm Livestock: Farm Livestock as defined in Chapter 1102 is not allowed to be kept in any District within the Village, on any lot whose primary use is not agricultural, after the effective date of this Zoning Ordinance. Any such use existing at the time of passage of this Zoning Ordinance shall be allowed to continue as a non-conforming use and is subject to the standards set forth in Chapter 1120.
(b) Kennels: Kennels as defined in Chapter 1102 are not allowed in any "R" district after the effective date of this Zoning Ordinance. Any such use existing at the time of passage of this Zoning Ordinance shall be allowed to continue as a non-conforming use, and is subject to the standards set forth in Chapter 1120. In addition, no Kennel shall be erected or maintained closer than 100 feet to any residential lot.
(Ord. 2015-09. Passed 7-13-15.)
1117.03 SETBACK FROM DRAINAGE DITCHES.
In all districts a setback of twenty feet from the center line of an established drainage ditch shall be provided for all buildings or structures erected along such ditch; however, this dimension may be increased by the Planning and Zoning Commission if the circumstances indicate that the equipment to maintain such drainage course would require a greater width in which to operate.
(Ord. 2015-09. Passed 7-13-15.)
1117.04 PRINCIPAL BUILDING PER LOT.
No more than one principal building or structure may be constructed upon any one lot for the purposes of this Ordinance. Rear dwellings shall be prohibited and shall be considered non-conforming uses subject to the requirements of Chapter 1121 of this Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1117.05 CONVERSION OF DWELLING TO MORE UNITS.
A residence may not be converted to accommodate an increased number of dwelling units, unless:
(a) The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
(b) The lot area per family equals the lot area requirements for new structures in that district.
(c) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
(d) The conversion is in compliance with all other relevant codes and ordinances.
(e) The district within which the residence is located is so regulated as to allow such increase in dwelling units.
(Ord. 2015-09. Passed 7-13-15.)
1117.06 PRIVATE SWIMMING POOLS.
No private swimming pool, exclusive of portable swimming pools with a diameter less than twelve feet (12') or with an area of less than one hundred square feet (100 sf), shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is not intended for commercial use.
(b) The pool may not be located closer than ten feet to any property line.
(c) Elevated decks for above ground pools shall not be located closer than ten feet (10') to any property line.
(d) The pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties, unless sides of said pool are four feet above grade. Said fence or wall shall not be less than four feet in height and maintained in a good condition with a gate and lock.
(e) The swimming pool shall be protected by the current provisions of the National Electrical Code, and any revisions or changes to the Code, as may be adopted periodically.
(f) Private swimming pools, other than excluded portable swimming pools shall require a Zoning Permit.
(Ord. 2015-09. Passed 7-13-15.)
1117.07 COMMUNITY OR CLUB SWIMMING POOLS.
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities, and shall comply with the following conditions and requirements:
(a) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(b) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than fifty feet (50') to any property line.
(c) The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall be not less than six feet (6') in height and maintained in good condition.
(d) Before construction commences, the petitioner shall obtain a zoning permit and other applicable permits and pay all applicable fees.
(Ord. 2015-09. Passed 7-13-15.)
1117.08 TEMPORARY BUILDINGS.
Only temporary buildings, construction trailers, equipment and materials, used in the construction period, may be permitted and shall be removed upon completions of the project. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Board of Zoning Appeals. Storage of such facilities or equipment may not continue if the Zoning Permit for the project has expired.
(Ord. 2015-09. Passed 7-13-15.)
1117.09 HOME OCCUPATIONS.
The intent and purpose of the Village in establishing standards for Home Occupations is to keep the uses permitted in "R" Districts basically for Residential use and to limit possibly objectionable uses from encroaching on Residential Districts.
(a) Permitted occupations or professions will be accepted only as incidental and secondary to the use of the dwelling for residential purposes, conducted wholly within a dwelling by members of the resident family, and which do not occupy a floor area greater than one half of the area of the first floor area of the dwelling.
(b) Only one employee, other than members of the immediate resident family may be employed in any Home Occupation without a variance granted by the Board of Zoning Appeals.
(c) No home occupation shall be permitted which creates offensive noise, smoke, dust, heat, humidity, glare, electronic interference or otherwise create a nuisance or safety hazard to any adjacent or nearby property.
(d) No goods produced off the premises may be brought to the property and sold on the premises.
(e) No external alterations, construction, or reconstruction of the premises may be made to accommodate the home occupation.
(f) No sign shall be used in connection with a Home Occupation other than one non-illuminated sign not more than six square feet in area.
(Ord. 2015-09. Passed 7-13-15.)
1117.10 BUSINESS AND INDUSTRIAL BUILDING CONSTRUCTION.
All commercial and industrial buildings constructed or erected in a "Commercial" or "Industrial" Zone District shall comply with all applicable provisions of the Ohio Building Code, delineated in the Ohio Administrative Code Chapter 1401: 1-35, as amended, and other applicable provisions and codes pertaining to these type of buildings. The Zoning Commissioner shall be provided with a copy of the Building Permit issued by the State of Ohio for these types of buildings before any construction is begun.
(Ord. 2015-09. Passed 7-13-15.)
1117.11 FENCES.
Fences (enclosing type) of residential or commercial properties that are between the principal building and a street and parallel to, or nearly parallel to the front lot line and front wall of the principal building, are permitted provided that height of such devices does not exceed forty-two inches (42') from the ground to the highest point of the fence unless the fence is used for a public pool, as defined in Section 1117.07 of this Chapter. For fences that are no closer to the front line than the principal structure and parallel to or nearly parallel to a side lot line, man-made fences or screening devices shall not exceed six feet (6') in height. For fences that are behind a principal structure and parallel to or nearly parallel to a rear lot line, man-made fences or screening devices shall not exceed six feet (6') in height on the side or rear of lot. The fence may be built on the property line, provided that the property owner has determined the location of the property line and has installed the fence with the smooth side facing the adjacent property. A zoning permit is required accompanied by a residential boundary survey denoting lot lines and monumentation.
(Ord. 2015-09. Passed 7-13-15.)
1117.12 ARCHITECTURAL PROJECTIONS.
Open structures such as fireplaces chases, porches, canopies, balconies, platforms; carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached and shall not project into the required minimum front, side, or rear yards.
(Ord. 2015-09. Passed 7-13-15.)
1117.13 EXCEPTION TO HEIGHT REGULATIONS.
The height limitations contained in this Zoning Ordinance do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such appurtenances will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
(Ord. 2015-09. Passed 7-13-15.)
1117.14 OBJECTIONABLE, NOXIOUS, OR DANGEROUS USES, PRACTICES, OR CONDITIONS.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements in subsections (a) to (j). Such conditions shall be brought to the attention of the Zoning Commissioner. If necessary he shall call upon the proper County, State, or Federal Regulatory Agencies for assessment of the problem situation.
(a) Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(b) Radioactivity or Electrical Disturbance: No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(c) Noise: All mechanical noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness. Noises may be equal to but shall not exceed the average street traffic noise during such periods that traffic noise exceeds 75 decibels.
(d) Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(e) Air Pollution: No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances defined as hazardous by the Ohio Environmental Protection Agency shall be permitted which may be harmful to health, animals, vegetation, or other property, or which can cause excessive soiling.
(f) Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street.
(g) Erosion: No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Water Pollution Control Board.
(i) Enforcement Provisions: The Zoning Commissioner or Board of Zoning Appeals, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(j) Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, and the Ohio Water and Air Pollution Control Boards.
(Ord. 2015-09. Passed 7-13-15.)
1117.15 BED AND BREAKFAST FACILITIES.
These regulations are intended to allow for a more efficient use of large, older houses in residential areas if the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner which keeps them primarily in residential uses. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations provide an alternative form of lodging for visitors that prefer a residential setting.
(a) Description: A bed and breakfast facility is described as a private residence where lodging and breakfast is provided by a resident family for compensation. Such a facility is generally used by transients.
(b) Retail Sales and Service Use: In zones where retail sales and service uses are allowed, limited or conditional uses, a bed and breakfast facility is defined as a hotel and is included in the retail sales and service category.
(c) Where These Regulations Apply: The regulations of this chapter apply to bed and breakfast facilities in any zoning district where a residential use is permitted or conditionally permitted.
(d) Use Related Regulations: Bed and breakfast facilities are considered an accessory use to a household living on the site. This means that the individual or family who operates the facility must occupy the house as their primary residence.
(e) Maximum Size: Bed and breakfast facilities are limited to a maximum of four bedrooms for guests and a maximum of eight (8) guests per night. In the single dwelling zones, bed and breakfast facilities over these size limits are prohibited.
(f) Employees: Bed and breakfasts facilities may have nonresident employees for the lodging activity such as booking rooms and food preparation, if approved as part of the conditional use review. Hired service for normal maintenance, repair and care of the residence or site such as yard maintenance will not be considered employees of the bed and breakfast facilities.
(g) Services to Guests: Food service may be provided only to overnight guests of a bed and breakfast facility.
(h) Commercial Meetings: Activities including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are permitted at a bed and breakfast facility subject to the occupancy limitations outlined in subsection (e) above.
(i) Consecutive Nights: Each paying guest may stay at a bed and breakfast for not more than thirty (30) consecutive nights at any single visit nor more than a total of forty-five (45) nights in any calendar year.
(j) Development Standards: Bed and breakfast facilities must comply with the development standards of the base zone.
(k) Appearance: Residential structures may be remodeled for the development of a bed and breakfast facility. However, structural alterations may not be made which prevent the structure being used as a residence as a residence in the future. Internal or external changes which will make the dwelling appear less residential in function are not allowed. Examples of such alterations include installation of more than five parking spaces, paving of required setbacks, and commercial type exterior lighting.
(l) Signs: Signs must meet the regulations for houses.
(m) Parking: One off-street parking space shall be required per guest room. If parking spaces are off-site, a written agreement between the owner of the parking space(s) and the bed and breakfast facility operator is required.
(n) Conditional Review: Bed and breakfast facilities require a conditional review. The approval criteria are stated in Section 1104.10.
(o) Monitoring: All bed and breakfast facilities must maintain a guest log book. It must include the names and home addresses of guests, guest's license plate numbers if traveling by car, dates of stay, and the room number of each guest. The log must be available for inspection by Village Staff upon request.
(Ord. 2015-09. Passed 7-13-15.)
1117.16 SOLAR PANELS.
(a) Roof Mounted Panels: Roof mounted panels shall not extend beyond the existing roof (width and height) of the structure to which they are attached. Roof mounted panels shall not exceed the height of the roof line on a pitched roof; panels may project vertically up to five feet above a flat roof line. Roof mounted panels are not permitted in a front yard or on the front roof plane of a structure.
(b) Ground Mounted Panels: Ground mounted panels shall be located in a side or rear yard only. Grounded mounted panels will not be permitted in front yards and shall not extend beyond the front of the building. Ground mounted panels shall maintain the setbacks required for accessory structures from property lines, and shall not be located in a platted easement. The side yard setback shall apply to all ground mounted panels whether measuring from a side or rear lot line. Ground mounted panels shall not exceed eight feet (8') in height and shall be fully screened from adjacent properties by fencing or structures (detached garages, other permitted accessory structure, etc.) or landscaping. Ground mounted panels shall be installed and arranged so as to avoid unreasonable glare projected onto neighboring properties.
(c) Exemptions: Solar panels less than two square feet in area and those installed within the right-of-way by a utility company of the village, and approved by the zoning commissioner, are not subject to the regulations set forth above.
(Ord. 2015-09. Passed 7-13-15.)
1117.17 SATELLITE DISHES.
(a) Satellite dishes that are two feet (2') in diameter or less are permitted in any district as an accessory use. In residential districts, satellite dishes are also subject to the following conditions.
(1) The use of the satellite dish is restricted to receiving signals for television, internet, cable or radio communications for use or enjoyment of those occupying the main building in any district.
(2) The maximum height of any satellite dish apparatus as measured from its mounting point to the highest point of the satellite dish is not to exceed three feet (3').
(3) The satellite dish can be mounted on existing structures normally permitted in the district, and no structure is required for proper installation and receiving signals. The dish shall be mounted in accordance with all applicable building codes.
(4) The dish shall be wired and grounded in accordance with all applicable electric codes.
(Ord. 2015-09. Passed 7-13-15.)
1117.18 WIRELESS TELECOMMUNICATION FACILITIES.
Wireless telecommunication facilities may be installed, erected, modified, and maintained as a conditional use in all zoning districts pursuant to Section 1104.10 and the provisions of this chapter.
(a) Purpose:
(1) To ensure the provision of personal wireless service within the corporate boundaries of the residents of the Village of New London;
(2) To protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics;
(3) To minimize the visual impact of wireless telecommunications facilities through design and siting standards;
(4) To maximize the use of existing and approved wireless telecommunications facilities to accommodate multiple antennas in order to reduce the number of towers needed to serve the community, and
(5) To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.
(b) Definitions:
(1) Accessory equipment structure: A building or cabinet like structure located adjacent to or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, wireless data transmission, voice messaging, and paging services.
(2) Antenna: Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building, or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omni-directional "whip" antennas.
(3) Antenna support structure: Any building, pole, telescoping mast, tower, tripod, or any other structure which supports an antenna.
(4) Base transceiver station: Equipment that provides the link between wireless communications and land based public telephone switching networks, including radio frequency transceivers, back up power amplifiers, and signal processing hardware, typically contained in a small building or cabinet.
(5) Co-location: The location of wireless telecommunications equipment from more than one provider on a common tower, building, or structure.
(6) Commercial receiving and/or transmitting antenna: Any antenna erected to transfer information for commercial use.
(7) Mast: The portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.
(8) Personal wireless service: Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging, wireless data transmission, and similar service.
(9) Public property: Land, buildings, or other structures owned or operated by the Village of New London or any other political subdivision or governmental unit.
(10) Telecommunication facility: A facility for the provision of personal wireless services. The facility may include, but is not limited to, a tower, monopole, antenna, or other ancillary equipment, or buildings used to deliver telecommunications services.
(11) Tower: Any pole, spire, structure, or combination thereof to which antenna could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces.
(c) Existing Towers or Antennas. Telecommunications facilities for which a building permit or conditional use permit has been properly issued prior to the effective date of this Chapter are, after the effective date hereof, declared to be lawfully existing conditional uses subject to the provisions of this ordinance.
(d) Interpretation and Applicability.
(1) This Chapter shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996. This Chapter shall apply to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunications facilities within the corporate boundaries of the Village.
(2) This Chapter reserves to the Village all authority contained in state law and existing village ordinances regarding land use and regulations which has not been preempted by the federal government pursuant to section 704 of the Telecommunications Act of 1996 as amended as the placement, construction, and modification of personal wireless service facilities.
(3) This Chapter does not apply to the use or location of private residential citizen band radio towers, amateur radio towers, television antennas, or existing public safety communication facilities owned or operated by the Village of New London or another political subdivision or governmental unit
(e) General Permit Conditions and Height Limitations. Wireless telecommunications facilities may be allowed as a conditional use in all zoning districts within the Village of New London if located or attached as follows:
(1) Water towers: Wireless telecommunication antennas may be permitted upon Village owned water towers provided the applicant has incorporated applicable performance standards set forth in this chapter and a lease agreement with the village has been approved by the Village Council.
(2) Co-location on existing structures: Wireless telecommunication antennas may be permitted to be attached to existing, conforming privately owned water towers, church steeples, bell towers, smokestacks, grain elevators, municipal, utility, hospital, and school buildings and radio towers in accordance with applicable siting guidelines and performance standards set forth in this chapter after the applicant has provided to the village a written statement of approval from the tower or structure owner or lessor. The antenna shall not serve to extend the height of the existing, conforming steeple, tower, grain elevator, smokestack, building or radio tower by more than fifteen feet (15').
(3) Utility poles: Wireless telecommunication antennas may be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor. The height of the antenna shall not extend more than fifteen feet (15') above the pole. Existing lattice utility pole structures may also be utilized provided the approval from the owner is obtained.
(4) Height limitations: The height limitations for construction of new telecommunications towers and addition of antennas to existing structures and telecommunications towers shall be as follows:
A. New tower construction in open space, commercial, or industrial zoning districts, two hundred feet (200').
B. New tower construction in residential zoning districts, one hundred fifty feet (150').
C. Addition of antenna to existing structure (excluding telecommunication towers), not to exceed fifteen feet (15') above the height of the existing structure.
D. Addition of antenna to existing telecommunication towers in residential districts shall not exceed the height of the existing structure.
E. Addition of antenna to existing telecommunications tower in open space, commercial, or industrial district, not to exceed fifteen feet (15') above the height of the existing structure.
F. Measurements shall include all parts of the wireless telecommunications tower and antenna structure measured from the base.
(f) New Tower Construction.
(1) No proposal for the construction of a new wireless telecommunication tower shall be approved unless the applicant documents that the antenna planned for the proposed tower cannot reasonably be accommodated on an existing structure on public property, on an existing, conforming co location tower or structure, or on a utility pole within the applicant's search ring transcending the municipal borders for the purpose of providing service to the residents and businesses of the Village, due to one or more of the following:
A. The antenna would exceed the structural capacity of an existing tower or building; (new tower antenna support structures must be constructed to support at least three (3) additional uses);
B. The antenna would cause interference with other existing or planned equipment at the tower or building;
C. Existing or approved towers and buildings which cannot reasonably accommodate the antenna at a height necessary to provide service to the residents and businesses of the village;
D. Existing or approved towers and commercial buildings are outside of the documented search area; or
E. The owners or lessors of the existing or approved towers and buildings seem unwilling to allow co-location upon their facilities.
(2) No new telecommunication tower shall be constructed within one mile from any existing telecommunication tower. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries. Documentation shall be submitted with any request for a conditional use permit for a new telecommunication tower to demonstrate conformity with the separation requirements.
(g) Performance Standards. The requirements of this section apply to all wireless telecommunication facilities erected, constructed, placed, modified, or replaced in the Village of New London. All wireless telecommunication facilities shall be designed and situated to be visually unobtrusive to minimize the impact upon neighboring uses and shall conform to the following design and siting criteria:
(1) Setbacks: If a site in any open space, commercial or industrial zoning district does not abut a residential district or lot, the minimum setback from any public right-of-way or off site building, including accessory buildings, to a wireless telecommunication tower shall be equal to two-hundred percent (200%) of the height of the tower. The minimum setback in any site in or abutting any residential zoning district or lot from any public right-of-way or off site building including accessory building s, for a wireless telecommunication tower shall be equal to two hundred percent (200%) of the height of the tower, plus fifty feet (50'). Distances shall be measured from the center of the base of the telecommunication tower to the right-of-way line or building. Setbacks for accessory buildings and equipment structures associated with wireless telecommunication towers and antennas shall comply with the zoning district in which the facility is located.
(2) Accessory equipment structures: All necessary equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district. The accessory equipment structure, or accessory equipment land parcel, shall have the capacity to house the equipment of a minimum of three (3) additional co locaters.
(3) Screening: A wall not less than eight feet (8') nor more than ten feet (10') in height from finished grade shall be provided around the perimeter of all wireless telecommunication tower sites for ground mounted communication towers. The wall shall have a brick base of a minimum of six feet (6') in height, and may be topped with brick, wood, or vinyl fencing. Access to the wireless telecommunication tower site shall be through a locked gate.
(4) Landscaping and screening: The following landscaping and buffering shall be required around the perimeter of wireless telecommunication tower sites, as follows:
A. Landscaping shall be installed on the outside of the wall. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting the landscaping requirements.
B. A row of shade trees a minimum of eight feet (8') tall and a maximum of ten feet (10') apart shall be planted around the perimeter of the wall.
C. A continuous hedge at least thirty inches (30") in height at planting and capable of growing to at least thirty six inches (36") in height within eighteen (18) months shall be planted on the outside of the perimeter wall and tree line referenced above.
D. All landscaping shall be of the evergreen variety.
E. All landscaping shall be xeriscape tolerant or irrigated, and properly maintained to ensure good health and viability.
(5) Construction and maintenance: All new towers shall be monopole construction and no guy wires shall be utilized. Towers and/or antenna systems shall be constructed of or treated with corrosive resistant material. A regular maintenance schedule shall be followed.
(6) Roof mounted wireless telecommunication antennas: Roof mounted wireless telecommunication antennas shall not be permitted on buildings with pitched roofs unless they are stealth antennas incorporated into upward thrusting architectural elements such as a church steeple, spire, bell tower, smokestack, or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than fifteen feet (15') above the highest point of the roof to which the antenna is attached.
(7) Structurally mounted wireless communication antennas: Telecommunication antennas mounted on the sides of buildings shall be attached flush with the side of the building and shall not protrude more than three feet (3') from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.
(8) Lights: No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes, or steady nighttime light or other illuminating devices except as may be required by the Federal Aviation Administration (FAA).
(9) Signs and advertising: No signs and/or advertising messages shall be affixed to the antenna, tower structure, screening, or accessory equipment structure, except that one identification sign, not exceeding six square feet (6 sf) designating the name of and contact information for the owner of the tower structure shall be attached to the perimeter wall.
(10) Other attachments: No antenna or tower shall have constructed thereon or attached thereto any platform, catwalk, crow's nest, or like structure for the purpose of human support except during periods of construction and repair.
(11) Color: The wireless telecommunication tower and antenna shall be painted a dull sky blue or gray finish except as dictated by the Federal Aviation Administration (FAA), and shall be designed to minimize visibility and to blend into the surrounding environment.
(12) Equipment storage: No equipment, mobile or immobile, other than an emergency backup generator, shall be stored or parked on the site outside the accessory equipment structure except when maintenance or repairs to the facility are being made and such equipment is actively being utilized in the maintenance or repairs.
(h) Obsolete or Unused Towers.
(1) All obsolete, damaged, unused, or abandoned towers, including accompanying accessory equipment structures and walls, shall be removed within one hundred eighty (180) days of the cessation of operations unless a time extension is approved by the council of the Village of New London. If the tower and accompanying accessory structures and walls are not removed, the site may be deemed a nuisance pursuant to the ordinances of the Village of New London. In the event a tower is determined to be a nuisance, the village may act to abate such nuisance and require the removal of the tower including accompanying equipment structures and walls at the property owner's expense.
(2) The owner shall provide the village with a copy of the notice of the Federal Communication Commission's (FCC) intent to cease operations and shall be given one hundred eighty (180) days from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of one hundred eighty (180) consecutive days.
(3) After the facilities are removed, the site shall be restored to its original or an improved state.
(i) Procedural Requirements.
(1) An applicant proposing to erect a new wireless telecommunication tower, to rebuild a tower on an existing site, or to attach an antenna or antennas to an existing structure other than an existing telecommunication tower shall follow the procedures set forth in Section 1104.10 for original application for or amendment to a conditional use permit. Additional application materials shall include the following:
A. A document from the property owner or lessor that authorizes the applicant to apply for a conditional use permit to erect a wireless telecommunications tower and/or antenna.
B. A "scaled" site plan which shows property lines, location of wireless telecommunication tower or antenna, setback distances, any accessory equipment structure, screening, and landscaping proposed.
C. Photographs of the proposed site, and artist's or architect's sketch, concept, or rendition to scale of the site as built which demonstrates that the proposed site will be as aesthetically pleasing as possible in keeping with its surroundings, including elevations, landscaping and screening.
D. Sufficient information to show that construction, installation, and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons.
E. For construction of new telecommunication towers, propagation maps identifying coverage issues to be addressed by the location of the proposed tower and to demonstrate the need for the tower at the location. The maps shall illustrate coverage both without the proposed tower and with the proposed tower.
F. For construction of new telecommunication towers, a map identifying the location of other towers within the Village of New London and surrounding jurisdictions within the circle of coverage for the proposed new tower.
(2) If an application proposes only to attach an antenna or antennas to an existing telecommunications tower, the application shall be considered a minor modification to the conditional use permit and may be approved by Village Zoning Commissioner without submission to the Planning and Zoning Commission or Village Council. The Village Zoning Commissioner shall, within twenty-five (25) business days from the date that an application has been stamped complete and accepted for filing, either approve the application based upon a determination that the proposed application is in compliance with all minimum requirements of the New London Codified Ordinances, or shall approve the application, subject to conditions, modifications, and restrictions that will ensure that the proposed plan is in compliance with all minimum requirements of the New London Codified Ordinances. Application materials shall include the following:
A. A document from the property owner or lessor that allows the applicant to apply for a permit to erect a wireless telecommunication antenna.
B. A "scaled" site plan which shows property lines, location of wireless telecommunication tower and proposed antenna, setback distances, any existing and proposed accessory equipment structures, and any additional screening, and landscaping proposed.
C. Photographs of the proposed site, an artist's or architect's sketch, concept, or rendition to scale of the site as built which demonstrates that the proposed site will be as aesthetically pleasing as possible in keeping with its surroundings, including elevations, landscaping, and screening.
D. Sufficient information to show that construction, installation, and maintenance of the wireless telecommunication antenna will not create a safety hazard or damage to the property of other persons.
(Ord. 2015-09. Passed 7-13-15.)
1117.19 REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
(I) PURPOSE AND INTENT.
(a) Pursuant to Sections 503.51 and 503.52 of the Ohio Revised Code, the New London Village Council makes the following statement of intent and findings:
(1) Adult entertainment establishments require special supervision from the public safety agencies of the Village of New London in order to protect and preserve the health, safety, morals, and welfare of the patrons and employees of the businesses as well as the citizens of the Village of New London.
(2) The New London Village Council finds that adult entertainment establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.
(3) The concern over sexually transmitted diseases is a legitimate health concern of the Village of New London that demands reasonable regulation of adult entertainment establishments by the Village of New London in the specified manner, and expanded authority for reasonable regulation of adult entertainment establishments by local governments, in order to protect the health and well-being of the citizens.
(4) Minimal regulations enacted by the Village of New London are a legitimate and reasonable means of accountability to ensure that operators of adult entertainment establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(5) There is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.
(6) The New London Village Council desires to minimize and control these adverse effects by regulating adult entertainment establishments in the specified manner. And by minimizing and controlling these adverse effects, the New London Village Council seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
(7) The New London Village Council has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of the Village of New London and that expanded regulation of adult entertainment establishments is necessary.
(8) It is not the intent of the New London Village Council in enacting this act to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral statutes that address the secondary effects of adult entertainment establishments.
(9) It is not the intent of the New London Village Council to condone or legitimize the distribution of obscene material, and the New London Village Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this state.
(b) It is the intent of the New London Village Council in enacting this Ordinance to regulate in the specified manner adult entertainment establishments in order to promote the health, safety, morals, and general welfare of the citizens of the Village of New London and establish reasonable regulations to prevent the deleterious secondary effects of adult entertainment establishments within the Village of New London. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of the New London Village Council in enacting this Ordinance to restrict or deny, or authorize the restriction or denial of, access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize the denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market. Neither is it the intent nor effect of the New London Village Council in enacting this Ordinance to condone or legitimize the distribution or exhibition of obscene material.
(c) Based on evidence concerning the adverse secondary effects of adult uses on communities presented in hearings and in reports made available to the legislature and subsequently adopted by the Ohio General Assembly as findings under Section 3 of House Bill 23 (and on findings incorporated in the cases of Township of Littleton, Colorado v. Z.J. Gifts D-4, L.L.C. (2004), 541 U.S. 774; Township of Erie v. Pap's A.M. (2000), 529 U.S. 277; Barnes v. Glen Theatre, Inc. (1991), 501 U.S. 560; Township of Renton v. Playtime Theatres, Inc. (1986), 475 U.S. 41; Young v. American Mini Theatres (1976), 426 U.S. 50; California v. LaRue (1972), 409 U.S. 109; DLS, Inc. v. Township of Chattanooga (6th Cir. 1997), 107 F.3d 403; East Brooks Books, Inc. v. Township of Memphis (6th Cir. 1995), 48 F.3d 220; Harris v. Fitchville Township Trustees (N.D. Ohio 2000), 99 F. Supp.2d 837; Bamon Corp. v. Township of Dayton (S.D. Ohio 1990), 730 F. Supp. 90, aff'd (6th Cir. 1991), 923 F.2d 470; Broadway Books v. Roberts (E.D. Tenn. 1986), 642 F. Supp. 486; Bright Lights, Inc. v. Township of Newport (E.D. Ky. 1993), 830 F. Supp. 378; Richland Bookmart v. Nichols (6th Cir. 1998), 137 F.3d 435; Deja Vu v. Metro Government (6th Cir. 1999), 1999 U.S. App. LEXIS 535; Threesome Entertainment v. Strittmather (N.D. Ohio 1998), 4 F.Supp.2d 710; J.L. Spoons, Inc. v. Township of Brunswick (N.D. Ohio 1999), 49 F. Supp.2d 1032; Triplett Grille, Inc. v. Township of Akron (6th Cir. 1994), 40 F.3d 129; Nightclubs, Inc. v. Township of Paducah (6th Cir. 2000), 202 F.3d 884; O'Connor v. Township and County of Denver (10th Cir. 1990), 894 F.2d 1210; Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County (6th Cir. 2001), 2001 U.S. App. LEXIS 26007; State of Ohio ex rel. Rothal v. Smith (Ohio C.P. 2002), Summit C.P. No. CV 01094594; Z.J. Gifts D-2, L.L.C. v. Township of Aurora (10th Cir. 1998), 136 F.3d 683; Connection Distrib. Co. v. Reno (6th Cir. 1998), 154 F.3d 281; Sundance Assocs. v. Reno (10th Cir. 1998), 139 F.3d 804; American Library Association v. Reno (D.C. Cir. 1994), 33 F.3d 78; American Target Advertising, Inc. v. Giani (10th Cir. 2000), 199 F.3d 1241; and other cases and on reports of secondary effects occurring in and around adult entertainment establishments in Phoenix, Arizona (1984); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma Township, Oklahoma (1986); Cleveland, Ohio (1977); Dallas, Texas (1997); St. Croix County, Wisconsin (1993); Bellevue, Washington (1998); Newport News, Virginia (1996); Tucson, Arizona (1990); St. Paul, Minnesota (1988); Oklahoma Township, Oklahoma (1986 and 1992); Beaumont, Texas (1982); New York, New York (1994); Ellicottville, New York (1998); Des Moines, Iowa (1984); Islip, New York (1980); Adams County, Colorado (1987); Manatee County, Florida (1987); New Hanover County, North Carolina (1989); Las Vegas, Nevada (1978); Cattaraugas County, New York (1998); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso, Texas (1986); New York Times Square study (1994); Report to ACLJ on the Secondary Impacts of Sex Oriented Businesses (1996); findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); and on testimony to Congress in 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636, 134 Cong. Rec. E. 3750; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; and from various other police reports, testimony, newspaper reports, and other documentary evidence), and subsequent findings in Sensations, Inc. v. City of Grand Rapids, Michigan Decency Action Council (6th Cir. 2008), 526 F.3d 291; 729, Inc. v. Kenton County Fiscal Court (6th Cir. 2008), 515 F.3d 485; and Andy's Rest. & Lounge, Inc. v. City of Gary (7th Cir. 2006), 466 F.3d 550, and the New London Village Council' independent review of the same) the New London Village Council finds:
(1) Adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments.
(2) Certain employees of adult entertainment establishments, as defined in this Ordinance as adult theaters and cabarets, engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts, including masturbation and oral and anal sex, occur at adult entertainment establishments, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. The "couch dances" or "lap dances" that frequently occur in adult entertainment establishments featuring live nude or seminude dancers constitute or may constitute the offense of "engaging in prostitution" under Section 2907.25 of the Revised Code.
(4) Offering and providing private or semi-private booths or cubicles encourages such activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theaters, adult arcades, and other adult entertainment establishments for the purpose of engaging in sexual activity within the premises of those adult entertainment establishments.
(6) Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis, and chancroid.
(7) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448 through December 31, 1992.
(8) A total of 10,255 AIDS cases had been reported in Ohio as of January 1999. Ohio has required HIV case reporting since 1990, and the reported information shows 7,969 people living with (HIV) (4,213) and (AIDS) (3,756) in the state.
(9) Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Ohio.
(10) The number of cases of early (less than one year) syphilis in the United States reported annually has risen. 33,613 cases were reported in 1982, and 45,200 cases were reported through November 1990.
(11) The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.
(12) The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, and exposure to infected blood and blood components, and from an infected mother to her newborn.
(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(14) Sanitary conditions in some adult entertainment establishments are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(15) The findings noted in divisions (c)(1) to (14) of this section raise substantial governmental concerns.
(16) Adult entertainment establishments have operational characteristics that require or mandate subject them to reasonable government regulation in order to protect those substantial governmental concerns.
(17) The enactment of this Ordinance will promote the general welfare, health, morals, and safety of the citizens of the Village of New London.
(II) DEFINITIONS.
(a) As used in this Ordinance:
(1) "Adult bookstore," "adult cabaret," "adult motion picture theater," "adult video store," "characterized by," "nude," "nudity," "state of nudity," "semi-nude," "state of semi-nudity," "sexual device," "sexual device shop," "sexual encounter center," "specified anatomical areas," and "specified sexual activity" have the same meanings as in Section 2907.40 of the Revised Code; and
(2) "Adult arcade," "adult entertainment," "adult entertainment establishment," "adult novelty store," "adult theater," "distinguished or characterized by their emphasis upon," "nude or seminude model studio," "regularly features," "regularly shown," and "sexual encounter establishment" have the same meanings as in Section 2907.39 of the Revised Code.
(b) "EMPLOYEE" means any individual on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, or otherwise, bud does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
(c) "IMMEDIATE FAMILY" means a person's spouse residing in the person's household, parents, siblings of the whole or of the half blood, and children, including adopted children.
(d) "LICENSE" means a license to act or operate a sexually oriented business, issued pursuant to this Ordinance.
(e) "LICENSEE" means a person in whose name a license to operate has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to an Employee license issued under this Ordinance, licensee means an employee as defined by Section (II), sub-section (b) above in whose name a license has been issued authorizing employment at sexually oriented business.
(f) "OPERATE" means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "Cause to be operated" shall mean to cause to function or to put or keep in operation.
(g) "OPERATOR" means any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(h) "PATRON" means any individual on the premises of a sexually oriented business, except for any of the following:
(1) An operator or an employee of the sexually oriented business;
(2) An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;
(3) A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee's or volunteer's duties as a public employee or volunteer's duties as a public employee or volunteer.
(i) "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(j) "PREMISES" means the real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited, to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.
(k) "SEXUALLY ORIENTED BUSINESS" means an adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, and sexual encounter establishment as defined by Section (II), sub-section (a) of this Ordinance, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.
(l) "SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
(2) for which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(m) "TRANSFER OF OWNERSHIP OR CONTROL" of a sexually oriented business shall mean any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(III) LICENSE REQUIRED.
(a) No person shall:
(1) Operate a sexually oriented business as defined by Section (II), sub-section (k) without a valid sexually oriented business license issued by the Village of New London pursuant to this Ordinance.
(b) Any person who violates sub-section (a)(1) above shall be guilty of a minor misdemeanor for a first offense, and a misdemeanor-4 for a second offense.
(c) A violation of this section shall be a ground for the suspension of a sexually oriented business employee license as provided for in Section (IX) of this Ordinance.
(IV) APPLICATION FOR LICENSE.
(a) An original or renewal application for a sexually oriented business license shall be submitted to the New London Village Council or its designee on a form provided by the New London Village Council. The New London Village's application may require and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the Village to determine whether the applicant meets the qualifications established in this Ordinance.
(b) A filing fee shall be paid at the time of filing the application, as follows: $250.00
(c) An application for a sexually oriented business license shall identify and be signed by the following persons:
(1) If the business entity is owned by an individual.
(2) If the business entity is owned by a corporation, each Officer or Director of the corporation, any individual owning or controlling more than fifty (50) percent of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed sexually oriented business.
(3) If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed sexually oriented business.
(d) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day to day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this Ordinance, and shall be considered a licensee if a license is granted.
(e) An application for a sexually oriented business license shall be completed according to the instructions on the application form, which shall require the following:
(1) If the applicant is:
A. An individual, state the legal name and any aliases of such individual; or
B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; or
C. A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
D. A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacities of all Officers and Directors, the name of the registered corporate agent, and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity as defined in this Ordinance, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this Ordinance or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, or fifty (50) percent or greater owner of a corporation licensed under this Ordinance whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds any other licenses under this Ordinance or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
(6) State the location of the proposed sexually oriented business, including a legal description of the property (i.e., permanent parcel number), street address, and telephone number(s), if any.
(7) State the mailing address and residential address of each applicant and each person signing the application.
(8) Submit a recent photograph of each applicant who is a natural person, taken by the Village of New London Police Department that clearly shows the applicant's face.
(9) Submit the fingerprints of each applicant who is a natural person, recorded by the Village of New London Police Department.
(10) For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
(11) State the driver's license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.
(12) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(13) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(14) The above-required disclosures facilitate the police investigation into the applicant's criminal background regarding crimes of a sexual nature so that the Village of New London can determine whether the Ordinance's civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the Ordinance's licensing and permitting requirements.
(15) The information gathered pursuant to the above provisions constitute protected private information and are exempt from Ohio's Public Records Act in accordance with the decision of the Sixth Circuit Court of Appeals in DejaVu of Cincinnati v. Union Township (6th Cir. 2005), 411 F.3d 777.
(V) ISSUANCE OF A LICENSE.
(a) Upon receipt of an application for a sexually oriented business license, the Village of New London or its designee shall promptly request that the Village of New London Police Department review the information provided in the application concerning the criminal background of the applicant(s) and that the New London Police Department shall transmit the results of its investigation in writing to the Village of New London Zoning Commissioner or its designee within five (5) days of the completion of its investigation.
(b) Within five (5) days of receipt of an application for a sexually oriented business, the Village of New London Zoning Commissioner or his or her designee shall notify the Village of New London Fire Chief and the County Health Commissioner of such application. In making such notification, the New London Zoning Commissioner or its designee shall request that the Fire Chief and Health Commissioner promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
(c) The Fire Chief shall provide to the New London Zoning Commissioner or its designee a written certification of whether the premises are in compliance with the Village of New London Fire Regulations within ten (10) days of receipt of notice of the application.
(d) The New London Zoning Commissioner or its designee shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete, within ten (10) days after receipt of the application, a written certification of whether the premises are in compliance with the New London Zoning Ordinance, the New London Property Maintenance Code, and the provisions of this Ordinance related to physical characteristics of the premises, and whether the Village of New London has received notice from any state or county agency of the premises being in violation of any applicable state building or property codes.
(e) Within twenty one (21) days after receipt of a completed sexually oriented business license application, the New London Zoning Commissioner or his or her designee shall approve or deny the issuance of a license. The New London Zoning Commissioner or his or her designee shall approve the issuance of a license to an applicant unless he/she determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
(3) An applicant has, within the preceding twelve (12) months, been denied a sexually oriented business license by any jurisdiction or has had a license to operate a sexually oriented business revoked by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in this Ordinance.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of this Ordinance, the Village of New London Zoning Ordinance, the Village of New London Property Maintenance Code, or state statute or regulation.
(6) The application and investigation fee required by this Ordinance has not been paid.
(7) An applicant is in violation of or not in compliance with any provision of this Ordinance, except as provided in Section (V), sub-section (f) of this section.
(f) If the New London Zoning Commissioner or its designee determines that one or both of the following findings is true, the license issued pursuant to this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
(1) The results of inspections of the premises by the Fire Chief or its designee or the Health Commissioner or its designee indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions.
(2) An applicant is overdue in payment to the Village of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(g) A sexually oriented business license shall state on its face the name of the applicant, the expiration date, and the address of the licensed sexually oriented business. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(h) The New London Zoning Commissioner or his designee shall advise the applicant in writing within three (3) days of the New London Village Council's decision of the reasons for any license denial. If the Village of New London finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
(VI) EXPIRATION AND RENEWAL OF LICENSE.
(a) Each license issued pursuant to this Ordinance shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than ninety (90) days and no less than twenty-one (21) days before the expiration date. If application is made less than twenty-one (21) days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.
(b) An application for renewal of a sexually oriented business license shall be submitted to the New London Zoning Commissioner or his or her designee on a form provided by the Village of New London. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to this Ordinance. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or such application shall be revised to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
(c) The New London Zoning Commissioner or his or her designee shall make determinations concerning the approval of license renewals based on the same criteria and time mandates used to evaluate applications for new licenses under this Ordinance.
(d) The New London Zoning Commissioner or its designee shall advise the applicant in writing within three (3) days of the reason(s) for any denial of a license renewal.
(VII) SUSPENSION.
(a) The Village of New London shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee:
(1) Has violated or is not in compliance with any section of this Ordinance; or
(2) Has knowingly allowed an employee to violate or fail to comply with any section of this Ordinance.
(b) The Village of New London shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee or its employee or agent has refused to allow, or has prohibited or has interfered with, an inspection of the licensed sexually oriented business premises as authorized by Section (V), sub-sections (b) - (c) of this Ordinance or any other reasonable inspection.
(VIII) REVOCATION.
(a) The Village of New London shall revoke a sexually oriented business license or employee license if a cause of suspension under this Ordinance occurs and the license has been suspended two times within the preceding twelve (12) months.
(b) The Village of New London shall revoke a sexually oriented business license if it determines that:
(1) A licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;
(2) The licensee(s) failed to comply with any requirement stated in the license, pursuant to this Ordinance, to correct specified deficiencies within 120 days;
(3) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(4) A licensee has knowingly allowed prostitution, solicitation, or the commission of a felony on the premises;
(5) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(6) A licensee has knowingly allowed any act of specified sexual activity, as defined in this Ordinance, to occur in or on the licensed premises;
(7) A licensee has been convicted of a specified criminal activity, as defined in this Ordinance, during the term of the license; or
(8) A licensee is delinquent in payment to the Village of New London, Huron County, or State of Ohio for any taxes or fees that were assessed or imposed in relation to any business.
(c) The New London Zoning Commissioner or his or her designee shall advise the licensee in writing within three (3) days of the reason(s) for any revocation.
(d) When the Village of New London revokes a license pursuant to sub-sections (a) or (b)(3) - (7), above, the licensee shall not be issued another license for one (1) year from the date the revocation became effective.
(e) When the Village of New London revokes a license pursuant to sub-sections (b)(1) or (b)(8) above, the applicant may be granted a license if the basis for the revocation has been corrected or abated and at least thirty (30) days have elapsed since the date the revocation became effective.
(IX) APPEAL RIGHTS.
(a) Any denial, suspension, or revocation of a license under this Ordinance may be appealed to the New London Village Council by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the New London Village Council must hold a hearing on the appeal within twenty-one (21) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing. During the time between the date of the denial, suspension, or revocation of a license and the date of the New London Village Council decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.
(b) In the event that the New London Village Council denies, suspends, or revokes a new or renewal license under this Ordinance, or any action taken on an appeal that is provided by this ordinance, the applicant may pursue an appeal to the Huron County Court of Common Pleas pursuant to Revised Code Chapter 2506. The failure of the New London Village Council to render a decision on the application within the time prescribed in Section (VII), sub-section (a) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to the Huron County Court of Common Pleas pursuant to Revised Code Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D 4 (2004), 541 U.S. 774.
(c) Any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this Ordinance, so that the status quo of the licensee is maintained during the pendency of an appeal to the New London Village Council of a decision rendered under this Ordinance and during the entire time required for the court to rule on the appeal pursuant to sub-section (b) above.
(d) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the New London Zoning Commissioner or his or her designee pursuant to this Ordinance. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the Village of New London has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
(e) If, during the pendency of any appeal pursued under sub-section (b) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the Village of New London has the right to consolidate the appeal pursued under Section (XI), sub-section (b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(X) TRANSFER OF LICENSE.
A sexually oriented business license is not transferable from one licensee to another or from one location to another. Any purported transfer of a sexually oriented business license shall automatically and immediately revoke that license.
(XI) ADDITIONAL REGULATIONS CONCERNING THE OPERATION OF A SEXUALLY ORIENTED BUSINESS.
(a) Sexual activity, live entertainment and performances
(1) No person shall, in a sexually oriented business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(2) Any employee appearing on the premises of a sexually oriented business in a state semi-nudity, as defined by this Ordinance, must be on a stage that is at least twenty-four (24) inches from the floor, and at a distance at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(3) All live entertainment and performances in a sexually oriented business must take place on a stage that is at least twenty-four (24) inches from the floor and a distance of at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(4) The interior of the premises shall be configured in such a manner that there is a an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by the operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(5) No employee shall knowingly or intentionally, in a sexually oriented business, appear within view of any patron in a nude or semi-nude condition unless the employee, while nude or semi-nude, shall be and remain at least six (6) feet from all patrons.
(6) Employees in a sexually oriented business shall maintain a minimum distance of five (5) feet from areas on the business premises occupied by patrons for a minimum of thirty (30) minutes after the employee appears in a nude or semi-nude condition within view of any patron. This regulation is not intended to prohibit ingress or egress from the premises. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments.
(7) No patron who is not a member of the employee's immediate family shall knowingly touch an employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or semi-nude.
(8) No employee who regularly appears nude or seminude on the premises of a sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or the clothing of a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or allow the patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family to touch the employee or the clothing of the employee.
(9) The provisions of sub-sections (a)(1) - (8) shall not apply to an employee's use of any restroom or any single sex dressing room that is accessible only to employees.
(10) In addition, sub-sections (a)(1) - (8) shall not apply to live performances in which the patron and employee are separated by an impenetrable barrier such as, but not limited too, glass or Plexiglas.
(b) Minors prohibited: No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.
(c) Hours of operation: No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to Chapter 4303 of the Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented business activity in which the performers appear nude.
(XII) LOCATION OF SEXUALLY ORIENTED BUSINESSES.
Adult entertainment facilities also referred to as sexually oriented businesses shall be permitted uses within the Village of New London, but only in accordance with the following specifications:
(a) Adult entertainment facilities shall only be operated within the M-1 light industrial and M-2 Heavy Industrial districts.
(b) No adult entertainment facility shall be located within a one-quarter mile radius, one-thousand three hundred twenty feet (1,320') of any of the following:
(1) Any residential district;
(2) Any public, private, governmental, or commercial library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground, or swimming pool;
(3) Any tavern, bar, or other establishment which serves beer or other intoxicating liquors for consumption on the premises;
(4) Any other adult entertainment facility.
(c) All building openings, entries, windows, and doors of adult entertainment facilities shall be located, covered, or serviced in such a manner as to prevent view into the interior of such facilities from public or semi-public areas, sidewalks, or streets.
(d) No television or movie screens or monitors, loudspeakers, or sound equipment shall be used for adult entertainment facilities that can be seen, heard, or otherwise discerned by the general public from public or semi-public areas.
(XIII) SEVERABILITY CLAUSE.
If any section, sub-section, paragraph or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, sub-sections, paragraphs, and clauses shall not be affected.
(Ord. 2015-09. Passed 7-13-15.)
1117.20 ACCESSORY USES AND BUILDINGS.
It is the purpose of this Section, inclusive of this Ordinance, to regulate accessory uses in order to promote the public health, safety and welfare. It is the intent of these provisions to permit such uses to be established maintained in a manner which makes them compatible with the principal uses and harmonious with uses upon adjacent properties. The provisions of this Section inclusive of this Ordinance shall apply to the location and maintenance of accessory uses herein defined.
(a) General Requirements. Except as otherwise provided in this Ordinance, an accessory use or structure shall be permitted in association with a principal use or structure provided that:
(1) It shall be forty-five percent (45%) or less of the gross floor area of the principal use or structure, except where additional space is needed to comply with off-street parking requirements.
(2) It shall not contain or be used as a dwelling unit.
(3) It shall not exceed eighteen feet (18') in height.
(4) It shall meet all yard requirements of the principal use.
(5) No more than two (2) accessory structures may be permitted in residential districts. Open gazebos, trellises, cabanas and similar structures shall not be counted as structures for purposes of this provision.
96) There is no limit on the number of accessory structures in industrial districts.
(b) Accessory buildings used for storage. Accessory buildings used for storage shall be attached to a permanent foundation and shall not include the use of temporary structures including tents, trailers, mobile homes, automobile or truck bodies, beds, boxes, trailers, truck caps and campers, or railroad cars whether affixed to a permanent foundation or not. Accessory buildings used for storage shall otherwise meet all other zoning setback, height, area, and percent of lot coverage requirements for the particular use or district in which it is located and shall be maintained in good condition.
(c) Rear Yard Coverage. Rear yard refers to the total area of a lot from the rear of a structure to the rear property line.
(1) The total of all accessory buildings may not occupy more than thirty percent (30%) of the total rear yard in Residential Districts.
(2) The coverage of driveways, open air parking, detached garages and carports may not occupy more than fifty percent (50%) of the total rear yard in Residential Districts.
(Ord. 2015-09. Passed 7-13-15.)
1117.21 YARD, LOT COVERAGE AND HEIGHT RESTRICTIONS.
The regulations for each zoning district set forth by this Zoning Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(a) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall be erected or altered:
(1) To provide for greater height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required, or in any other manner be contrary to the provisions of this Zoning Ordinance.
(c) No yard or lot existing at the time of passage of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet at least the minimum requirements set forth herein.
(d) Lot Area and Width. Every Lot Shall Be at Least Sixty Feet in Width at the Set Back Line Except Where exempt.
(e) Yard requirements.
(1) Front yard: Every structure shall be set back from the centerline of either adjacent street or road right-of-way, at least forty feet and where parking may be permitted in the front yard of any Commercial or industrial use, this set-back requirement shall be increased to accommodate that parking and any access drives. This requirement shall apply in all districts except for the Downtown Business District.
(2) Side yards: Every lot shall have side yards of at least five (5) feet each in width, except the Downtown Business District, General Commercial, Light Industrial, Heavy Industrial and Public Parks and Open Space districts where there is not a side yard requirement except as described in subsection (7) hereof. Under no circumstances shall any required side yard be less than five feet in width.
(3) Rear yards: The rear yard of every lot shall not be less than ten feet except in the Downtown, General Commercial, Industrial district and Public Park and Open Space districts as described in subsection (7) hereof.
(4) Corner lot: On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(5) Visibility at corner lots: On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and a half and ten feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty feet from the point of intersection.
(6) Multi-family dwellings: A multi-family dwelling shall be considered as one building for the purpose of determining front, side, and rear yard requirements. A unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district.
(7) Non-residential buildings: Non-residential buildings or uses and pads or structures in residential parks for mobile homes shall not be located or conducted closer than forty feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Zoning Commissioner is provided. Such screening shall be a masonry or solid fence between four and eight feet in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting. Either type of screening shall not obscure traffic visibility within fifty feet of an intersection. No industrial use or building shall be located or conducted closer than forty feet to any adjacent residential lot line.
(8) Open structures: Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard. However, such open structures shall not be included in main building measurements.
(9) Main building sizes: Minimum main building size requirements shall be as follows:
A. For main building in (R) Residential Districts, 1,000 square feet.
B. For main building in (C) Commercial Districts, 720 square feet.
C. For main buildings in (I) Industrial Districts, 1500 square feet.
D. For permanently sited manufactured homes, 900 square feet.
(10) Lot area-single family dwelling: Minimum lot area for a single family dwelling shall be 6,000 square feet, with a frontage of sixty feet.
(11) Lot area-two family dwelling: Minimum lot area for a two family dwelling shall be 10,000 square feet, with a frontage of sixty feet.
(12) Lot area-multiple dwellings: Minimum lot area for multi family dwelling shall be 10,000 square feet with a frontage of sixty feet plus an additional 1,000 square feet for each family over two families housed therein.
(f) Height Requirements. No structures shall be constructed in excess of three stories in height except in the industrial districts, where in-structure fire protection systems will be required.
(g) Density Requirements. The residential density in any "R" District where residences are served by on-site water and sewer services shall not exceed that which is prescribed by the Huron County Board of Health. (Ord. 90-01. Passed 3-6-90.)
(h) Yard, Lot Coverage and Height Restrictions Table. The following dimensions for each zoning district shall be the minimum required yard, setbacks and lot frontage and maximum building height and lot coverage. Terms are defined in Chapter 1102.
YARD, LOT FRONTAGE, LOT COVERAGE AND HEIGHT RESTRICTIONS TABLE
District | Minimum Lot Area (sf) | Maximum Hsg Density per Acre | Yard Setbacks | Minimum Lot Width | Maximum Bldg Height | Maximum Lot Coverage | ||
Front | Rear | Side | ||||||
R-1 SF | 6,000 sf for single family w/60’ frontage | 40’ | 10’ | 5’ | 60’ | 35’ | 1,000 sf- min. bldg size | |
R-2 2F | 10,000 sf for 2 family w/60’ frontage | 40’ | 10’ | 5’ | 60’ | 35’ | 1,000 sf-min. bldg size | |
R-3 Multi- Family | 10,000 for DU’s, plus add’l 1,000 sf for each family over 2 families housed therein. For residences in R Districts served by on-site water and sewer, density set by County Bd of Health. | 40’ | 10’ | 10’ | 60’ | 35’ | 60% | |
MHD Manuf. Home Park | 25’ | 10’ | 10’ | 20’ | ||||
DBD Downtown Bus. Dist. | N/A | N/A | N/A | N/A | N/A | No minimum | 65’ 3 stories | 100% |
C-3 General Commercial | None | N/A | 40’ | 0/40’* | 0/40’* | No minimum | 65’ 3 stories | 85% |
M-1 Light Industrial | None | N/A | 40’ | 0/40’* | 0/40’* | No minimum | 65’ 3 stories | 85% |
M-2 Heavy Industrial | None | N/A | 40” | 0/50’* | 0/50’* | No minimum | No maximum, bldgs over 65’ must be approved by Fire Chief | 100% |
PPOS (Public Parks and Open Space) | N/A | N/A | N/A | N/A | N/A | N/A | No maximum, bldgs over 65’ must be approved by Fire Chief | N/A |
(Ord. 2015-09. Passed 7-13-15.)
1117.22 WIND ENERGY SYSTEMS.
The purpose of this Chapter is to preserve and protect the public health and safety and to promote the orderly land use and development of the Village of New London. This Chapter establishes minimum requirements for small wind energy systems, commercial wind energy systems and towers as defined herein.
(a) Applicability: The requirements of this Chapter shall apply to all small wind energy systems, commercial wind energy systems or tower proposed after the effective date of this Chapter. Any system that has been installed, but not used for two consecutive years, may not be subsequently used without meeting the requirements of this Chapter. No pre-existing system shall be altered in any manner that would increase the degree of non-conformity with the requirements of this Chapter and no alterations shall be made to a non-conforming, pre-existing system during its life which exceeds 50 percent of its fair market value. If such system is destroyed or damaged to the extent of more than 50 percent of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this Chapter.
(b) Small Wind Energy System Requirements:
(1) Permitted locations: A small wind energy system is permitted in any zoning district.
(2) Minimum lot size: No wind energy system shall be erected on any lot less than one acre in size.
(3) Total height: For property sizes between one acre and two acres, the total height of any tower shall not exceed 60 feet. For property sizes between two and five acres, the total height shall not exceed 80 feet. For property sizes greater than five acres, the total height shall not exceed 100 feet. Total height means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
(4) Location: No small wind energy system shall be located in any front or side yard.
(5) Setbacks:
A. Property lines: A small wind energy system or tower shall be set back from the nearest property line, public road right-of-way and communication and electrical line not less than 1.1 times its total height.
B. Inhabited structures: A small wind energy system, or tower shall be set back from the nearest inhabited building not less than 1.5 times its total height.
(6) Design standards:
A. Monopole or freestanding design: The design of the small wind energy system or tower shall be of a monopole or freestanding design without guy wires.
B. Minimum blade height: The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure or obstacle within 100 feet from the tower.
C. Access: No tower shall have a climbing apparatus within 15 feet of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked.
D. Noise: No small wind energy system shall exceed 60 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring inhabitable building.
E. Visual appearance: Small wind energy and/or tower systems shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective. No small wind energy system or tower shall be lighted unless required by the FAA. No flags, streamers, decorations, advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system and/or tower.
F. Electrical interconnections: All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
G. Signal interference: Efforts shall be made to site small wind energy systems or towers to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system or tower owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system or tower shall cause permanent and material interference with television or other communication signals.
H. Over-speed controls: Every small wind energy system shall be equipped with both manual and automatic over-speed controls.
(7) Permit applications: Application for a small wind energy system and/or tower shall include the following information:
A. Site plan to scale showing the location of the proposed small wind energy system and/or tower and the locations of all existing buildings, structures and property lines, along with distances.
B. Elevations of the site to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.
C. Standard drawings and an engineering analysis of the systems tower, including weight capacity.
D. A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site.
E. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system; including, the name and address of the manufacturer, model and serial number.
F. Emergency and normal shutdown procedures.
G. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
H. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator; unless, the system will not be connected to the electricity grid.
(c) Commercial Wind Energy System Requirements:
(1) Permissible locations: A commercial wind energy system may be permitted as a conditional use in General Commercial or Industrial Districts.
(2) Minimum parcel size: No commercial wind energy system shall be erected on any parcel less than 10 acres in size without being granted a variance.
(3) Total height: The total height of a commercial wind energy system shall not exceed 150 feet. Total height means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
(4) Setbacks:
A. Property lines: A commercial wind energy system shall be set back from the nearest property line and public road right-of-way not less than 500 feet.
B. Other uses: No commercial wind energy system shall be located within 1,000 feet of a platted subdivision, park, church, school or playground.
C. Inhabited structures: A commercial wind energy system shall be set back from the nearest inhabited building, power line or communication line, not less than 1.5 times its total heights.
D. Design standards: A commercial wind energy system shall comply with the design standards set forth in Section 1117.22 (b)(6)(A through G).
E. Permit applications: A commercial wind energy system shall comply with the permit application requirements set forth in subparagraphs A. through H. of Section 1117.22(b)(7).
F. Multiple wind energy systems: shall not be permitted without approval by the Planning Commission.
(d) Non-use:
(1) Any small wind energy system, commercial wind energy system or tower which complies with the terms of this Chapter which is not used for two (2) years, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Chapter.
(2) Any small wind energy or commercial wind energy system which is nonconforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Chapter.
(Ord. 2015-09. Passed 7-13-15.)
1117.23 OUTDOOR WOOD FURNACES (REFERRED TO AS OUTDOOR WOOD BOILERS OR OUTDOOR WOOD-FIRED HYDRONIC HEATERS).
(a) Definitions.
(1) Outdoor Wood Furnace: Any equipment, device, application or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An Outdoor Wood Furnace may also be referred to as an Outdoor Wood Boiler or Outdoor Wood-fired Hydronic Heater.
(2) Chimney: Flue or flues that carries off exhaust from Outdoor Wood Furnace firebox or burn chamber.
(3) EPA OWHH Phase 1 Program: EPA OWHH (Outdoor Wood-fired Hydronic Heater Program) Phase 1 Program administered by the United States Environmental Protection Agency.
(4) EPA OWHH Phase 1 Program Qualified Model: An Outdoor Wood-fired Hydronic Heater that has been EPA OWHH Phase 1 Program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag.
(5) Existing Outdoor Wood Furnace: An Outdoor Wood Furnace that was purchased and installed prior to the effective date of this local law.
(6) Natural Wood: Wood, which has not been painted, varnished, or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
(7) New Outdoor Wood Furnace: An Outdoor Wood Furnace that is first installed, established or constructed after the effective date of this local law.
(b) Regulations for Outdoor Wood Furnaces.
(1) No personal shall, from the effective date of this local law, construct, install, establish, operate or maintain an Outdoor Wood Furnace other than in compliance with the applicable sections of Section 1117.23 of the Village of New London Zoning Code.
(2) No person shall, from the effective date of this local law, operate an Outdoor Wood Furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of Section 1117.23 of the New London Zoning Code regarding fuels that may be burned in an Outdoor Wood Furnace as set forth in subsection (c)(1) and (c)(2) of this chapter and chimney height as set forth in subsection (c)(4) and (6) of this ordinance.
(3) All new Outdoor Wood Furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this ordinance. In the event of a conflict, the requirements of this ordinance shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
(4) The owner of any new Outdoor Wood Furnace shall produce the manufacturer's owner's manual or installation instructions to the Safety-Service Director to review at any time if requested.
(5) All new Outdoor Wood Furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
(6) If an existing Outdoor Wood Furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the Safety-Service Director:
A. Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the Outdoor Wood Furnace or both.
B. Cease and desist operating the unit until reasonable steps can be taken to ensure that the Outdoor Wood Furnace will not be a nuisance.
(c) Substantive Requirements. Outdoor Wood Furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
(1) Fuel burned in any new or existing Outdoor Wood Furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas, or propane backup.
(2) The following fuels are strictly prohibited in new or existing Outdoor Wood Furnaces:
A. Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and contains resins or glues as in plywood or other composite wood products.
B. Rubbish or garbage, including not limited to food wastes, food packaging or food wraps.
C. Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
D. Rubber, including tires or other synthetic rubber-like products.
E. Newspaper, cardboard, or any paper with ink or dye products.
F. Any other items not specifically allowed by the manufacturer or this provision.
(3) Setbacks for any new Outdoor Wood Furnace (models not EPA OWHH Phase 1 Program Qualified) shall be as follows:
A. The Outdoor Wood Furnace shall be located at least twenty-five (25) feet from the property line.
B. The Outdoor Wood Furnace shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
C. The Outdoor Wood Furnace shall be located at least thirty (30) feet from any residence that is not served by the Outdoor Wood Furnace.
(4) Chimney heights for new and existing Outdoor Wood Furnaces shall be as follows:
A. The chimney of any new Outdoor Wood Furnace shall extend at least two (2) feet above the peak of any residence not served by the Outdoor Wood Furnace located within 300 feet of such Outdoor Wood Furnace.
B. If there is an existing Outdoor Wood Furnace already installed and there is new construction of a residence not served by the Outdoor Wood Furnace within 300 feet of such Outdoor Wood Furnace, then the owner of such Outdoor Wood Furnace shall conform to the stack height requirements of this regulation within 30 days of the date such construction is complete and upon written notice from the Safety-Service Director.
(5) Setbacks for EPA OWHH Phase 1 Program qualified models shall be as follows:
A. The Outdoor Wood Furnace shall be located at least twenty-five (25) feet from the property line.
B. The Outdoor Wood Furnace shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
(6) Chimney heights for EPA OWHH Phase 1 Program qualified models shall be as follows:
A. The EPA OWHH Phase 1 Program qualified model chimney shall extend at least two (2) feet above the peak of the residence for which it serves if neighboring residences not served by the furnace are located within 300 feet or the chimney shall extend at least two (2) feet above the peak of any residence not served by the furnace within 100 feet, whichever is greater.
(7) Outdoor Furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and stack height requirements as EPA OWHH Phase 1 Program Qualified models.
(d) Appeals. Appeals from any actions, decisions, or rulings in the enforcement of this chapter or for a variance from the strict application of the specific requirements of this ordinance may be made to the Board of Zoning Appeals. Requests for all appeals shall be made in writing in accordance with Chapter 1104.
(e) Violations and Penalties. Any person who shall violate this provision of this ordinance shall be guilty of a violation as defined in Chapter 1106.
(f) Civil Proceedings. Compliance with this law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this law may also be subject to a civil penalty of not more than $150.00, to be recovered by the Village in a civil action, and each week's continued violation shall be for this purpose a separate and distinct violation. In the event the Village is required to take legal action to enforce this local law, the violator may be responsible for any and all necessary costs relative thereto, including attorneys' fees, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property.
(g) Severability. The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provisions.
(Ord. 2015-09. Passed 7-13-15.)
1117.24 UNLICENSED OR INOPERABLE VEHICLES STORED OUT IN THE OPEN.
(a) For purposes of this section, the following terms shall have the meanings given below:
(1) "Inoperable vehicle" means any vehicle with any one or more of the following existing conditions:
A. One or more wheels are missing;
B. One or more tires are missing;
C. Two or more tires are flat;
D. The windshield is shattered or missing;
E. Parts necessary for the operation of the vehicle, including but not limited to the motor or transmission, are significantly damaged or missing.
(2) "Residential District" means any of the following zoning use districts: R-1-Single Family Residential District, R-2-Two Family Residential District, R-3-Multi-Family Residential District, or MHP-Manufactured Home Park Residential District.
(3) "Unlicensed vehicle" means any vehicle that does not display a distinctive alphanumeric license plate and current validation license stickers issued under Ohio R.C. Chapter 4503 or under substantially equivalent laws of other states.
(4) "Vehicle" means any automobile, truck, mobile home, trailer, or semitrailer which is subject to the registration and licensing requirements of Ohio Revised Code Chapter 4503; however, it does not include electric personal assistive mobility devices, emergency vehicles, or public safety vehicles.
(b) Any inoperable vehicle or unlicensed vehicle being stored within a Residential District shall be kept or stored in a completely enclosed building, except that one unlicensed automobile, in operative condition, may be kept on the property, if suitably covered or screened from view from the right of way when not in use, provided that the current resident of the property is the owner of title to the vehicle.
(c) When the Zoning Commissioner observes a violation of subsection (b), he shall send a notice to the person in possession of the property directing that the vehicle shall be appropriately housed, removed from the property, or brought into compliance with subsection (b) within ten (10) days from receipt of the notice; and shall advise that person of his/her right to appeal the Commissioner's notice to the Zoning Commission, in accordance with Section 1104.08 of the Codified Ordinances. If an appeal is properly filed, the Zoning Commission shall consider the following circumstances or defenses in determining the appeal:
(1) Whether the alleged offense did in fact occur;
(2) Whether the alleged violator is in fact the rightful possessor of the premises where the violation occurred;
(3) The illegally parked vehicle has been removed from the premises or has been housed in a garage or other suitable structure approved by the Zoning Commissioner;
(4) The alleged violator is not the owner of the illegally parked vehicle and he/she did not permit the vehicle to be parked on the property;
(5) The alleged violator did not own or possess the property where the violation occurred at the time of the offense.
(Ord. 2024-19. Passed 8-12-24.)
1118.01 GENERAL REQUIREMENTS.
No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Ordinance.
(a) The provisions of this Chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements, there shall be provided as many of such spaces as may be required by this Ordinance.
(b) Whenever a building or structure constructed after the effective date of this Zoning Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or for any other reason to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date of the Zoning Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, number of employees, number of housing units, seating capacity or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein.
(Ord. 2015-09. Passed 7-13-15.)
1118.02 PARKING SPACE DIMENSIONS.
A parking space shall have minimum rectangular dimensions of not less than the following:
PARKING SPACE
Width | Length | Width of Driveway Aisle | |
90 degree parking | 9 feet | 20 feet | 25 feet |
60 degree parking | 10 feet | 20 feet | 17.5 feet |
45 degree parking | 12 feet | 20 feet | 13 feet |
Parallel parking | 9 feet | 23 feet | 12 feet |
(Ord. 2015-09. Passed 7-13-15.)
1118.03 SCREENING.
(Ord. 2015-09. Passed 7-13-15.)
1118.04 PAVING.
Surfacing shall be accomplished with an asphalt or Portland Cement binder pavement in order to provide a durable or dust free surface and perimeters of parking areas shall be curbed or have other suitable barriers.
(Ord. 2015-09. Passed 7-13-15.)
1118.05 LIGHTING.
Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be arranged as to reflect the light away from the adjoining property.
(Ord. 2015-09. Passed 7-13-15.)
1118.06 LOADING SPACE REQUIREMENTS AND DIMENSIONS.
One (1) off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having a modified gross floor area of up to five thousand square feet (5,000 sf). One (1) loading space shall be provided for each additional ten thousand square feet (10,000 sf) of fraction thereof of gross floor area so used. Each loading space shall not be less than ten feet (10') in width, forty feet (40') in length, exclusive of driveways, aisles, and other circulation areas, and a height of clearance of not less than fourteen feet (14'). Such loading space shall not be located in the required front yard of the lot on which it is located. However, the loading space shall have unrestricted ingress and egress to a public right-of-way. The surface of the loading space and its access drive shall be maintained in a dust free condition at all times.
(Ord. 2015-09. Passed 7-13-15.)
1118.07 LOCATION OF PARKING SPACES.
The following regulations shall govern the location of off-street parking spaces and areas:
(a) All parking spaces required herein for all residential districts shall be located on the same lot as the use which they are intended to serve.
(b) Off-street parking in R districts located in the front yard must not exceed any of the following stipulations:
(1) The front yard parking cannot exceed more than twenty-five percent (25%) of the front yard area.
(2) The front yard parking cannot have a width of more than twenty-four feet (24').
(3) The front yard parking cannot have a length of more than twenty-four feet (24').
(4) The front yard parking area cannot exceed five hundred seventy-six square feet (576 sf).
(5) The off-street parking shall be constructed so as to come no closer than three feet (3') from the boundary line.
(6) Such off- street parking must be established as a connected addition to an adjacent driveway, as in a "Turnaround" area, and may not be established as a separate parking lot.
(7) Any off-street parking shall be paved with asphalt surface.
(8) Parking on non-paved surfaces within the front yard or any side yard shall be prohibited.
(c) Off-street parking areas may not be located closer than three feet (3') from any property line.
(d) All parking spaces required herein for apartments, dormitories, or similar residential uses shall also be located on the same lot with the building and uses served.
(Ord. 2015-09. Passed 7-13-15.)
1118.08 DRAINAGE.
All parking spaces, together with driveways, aisles, and other circulation areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area and shall be designed to prevent the excess drainage of surface water onto adjacent properties, walkways, or onto public streets. Adequate arrangements shall be made to insure acceptable diversion to an adequate storm water drainage system.
(Ord. 2015-09. Passed 7-13-15.)
1118.09 VISIBILITY.
Access of driveways for parking areas shall be located in such a way that any vehicle entering or leaving such parking area shall be clearly visible for a reasonable distance by any pedestrian or motorist approaching the access or driveway from a public or private street or alley.
(Ord. 2015-09. Passed 7-13-15.)
1118.10 MARKING.
All parking areas for five (5) or more spaces shall be marked with paint lines, curbs, or in some other manner approved by the New London Zoning Commissioner and shall be maintained in a clearly visible condition.
(Ord. 2015-09. Passed 7-13-15.)
1118.11 MAINTENANCE.
Any owner of property used for parking areas shall maintain such areas in good condition without holes and free of dust, trash, or other debris.
(Ord. 2015-09. Passed 7-13-15.)
1118.12 SIGNS.
Where necessary due to multiple curb cuts, the entrances, exits, and the intended circulation pattern of the parking area shall be clearly marked.
(Ord. 2015-09. Passed 7-13-15.)
1118.13 PARKING SPACE REQUIREMENTS.
(a) In all districts in connection with every use, there shall be provided at any time any building, structure or use is erected, developed or enlarged or increased in capacity, off street parking spaces of at least one hundred eighty square feet per space for motor vehicles as follows:
(1) All residential uses - two for each dwelling unit.
(2) Rooming or boarding house, tourist home, hotel or motel - one for each sleeping room or suite, plus two for the resident family or one for each employee.
(3) Private club or lodge - one for each five members.
(4) Church or temple - one for each five seats in main auditorium.
(5) School (except high school or college) - one for each ten seats in auditorium or main assembly room, or one for each classroom, whichever is greater.
(6) College or high school - one for each eight seats in auditorium or three for each classroom, whichever is greater.
(7) Country club or golf club - one for each five members.
(8) Community center, library, museum or art gallery - ten plus one additional for each 300 square feet of floor area in excess of 2,000 square feet.
(9) Hospital, sanitarium, convalescent home, nursing home, home for the aged or similar institution - one for each three beds, plus one for each employee on the maximum working shift.
(10) Theater or auditorium (except school auditorium), sports arena, stadium or gymnasium - one for each five seats or bench seating spaces.
(11) Bowling lanes - five for each lane.
(12) Mortuary for funeral home - one for each thirty square feet of floor space in parlors in individual funeral service rooms.
(13) Restaurants, night clubs, cafes or similar eating or recreation or amusement establishments - one for each thirty square feet of floor area designated for service of customers.
(14) Assembly or exhibition halls without fixed seats - one for each 100 square feet of gross floor area.
(15) Retail store or personal service establishment except as otherwise specified within - one for each 100 square feet of gross floor area.
(16) Furniture or appliance store, hardware store, wholesale establishments machinery or equipment sales and service - two plus one additional each 200 square feet of floor area 1,000 square feet.
(17) Manufacturing or industrial establishment research or testing laboratory, creamery, bottling plant, warehouse or similar establishment - one for each two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
(18) Business offices - 1 parking space for each 200 square feet of total building space. (Ord. 2019-18. Passed 9-23-19.)
(b) Nothing in this Section shall be construed to prevent the collective provision of off-street parking facilities for two or more buildings or uses of similar character, provided the total of such collective off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the requirements of this Zoning Ordinance. A written agreement between the parties approved by the Solicitor and accepted by the Planning and Zoning Commission shall be filed with the application for a zoning certificate, stating that the proposed joint parking area will be developed and maintained jointly and by mutual agreement. The location of such joint parking shall conform to the location requirements of this Zoning Ordinance. The required parking facilities may be provided under public sponsorship, by private lease or purchase, or by any other means which will promote orderly development of space, diminish traffic hazards and relieve congestion in the streets. Where such publicly sponsored or other joint parking facilities are existing or planned for construction at the same time a use or uses requiring parking spaces is being developed, no additional parking spaces are required on the same lot as the use being developed, if the number of spaces at the other location is equal to those required by the use and the parking spaces will be within three hundred feet (300') of the proposed use.
(Ord. 2015-09. Passed 7-13-15.)
1118.14 ACCESS.
In order to insure adequate vehicle access for uses, the following standards shall apply:
(a) Driveways: There shall be adequate provisions for ingress and egress to all uses. For single- or two family residential dwellings, driveways shall be a minimum of nine feet (9') in width. For all other uses, driveways shall be a minimum with of twenty-two feet (22') and may be located on more than one property. If loop drives are approved as part of the site plan review process, the width of an individual drive shall be at least eleven feet (11').
(b) Number of Drives: For parcels with continuous frontage under one hundred feet (100'), only one (1) driveway is permitted for ingress and egress. In the case of a corner lot, this driveway should be located on the street with the lower traffic volume. For parcels with more than one hundred feet (100') of frontage, a second driveway may be permitted.
(c) Conditional Approval of Driveways: As part of the site plan review process, the Planning and Zoning Commission may approve a site plan with a specific driveway location, with the condition that an agreement be first entered into between the property owner and the Village requiring that if a service road is constructed in the future, or if the opportunity for a shared driveway should present itself with development of adjacent property, one or more approved driveways shall be closed and measurements taken to utilize such service road or shared drive. Approval of driveways may also include restrictions on turning movements, locations or other requirements to ensure safe and efficient traffic movement.
(Ord. 2015-09. Passed 7-13-15.)
1119.01 PURPOSE.
The purpose of this Chapter is to promote and protect the public health, safety and welfare by regulating existing and proposed outdoor advertising, outdoor advertising signs, and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-ways, provide more open space, curb the deterioration of the natural environment, and enhance community development.
(Ord. 2015-09. Passed 7-13-15.)
1119.02 APPLICABILITY.
After the effective date hereof, no sign or outdoor advertising structures shall be erected, moved, materially, or substantially altered or enlarged in any zoning district except as hereinafter provided or as otherwise permitted.
(Ord. 2015-09. Passed 7-13-15.)
1119.03 GENERAL PROVISIONS.
The regulations contained in this Section shall apply to all signs and all use districts.
(a) With the exclusion of Electronic Message Centers (EMCs), any illuminated sign or lighting device shall employ only light that is emitted in constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. A cut-off type luminaire is required. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination to be directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause glare or reflection that my constitute a traffic hazard or nuisance.
(b) No building wall shall be used to display advertising, except that pertaining to the use carried on within such building.
(c) All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code (NEC).
(d) No sign shall be placed on the roof of any building.
(e) No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.
(f) Wall murals that are created for decorative purposes and painted or otherwise on buildings, fences, or other structures require permission from the Village Council.
(g) No sign shall be permitted to encroach on public right-of-way, with the exception of projecting signs or wall signs which project from the wall more than six inches (6") and are attached to a building. No portion of these signs shall hang lower than nine feet (9') from the sidewalk grade.
(h) All signs hung and erected shall be plainly marked with the name of the person, firm, or corporation responsible for maintaining the sign.
(i) Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the New London Zoning Commissioner, proceed at once to put such sign in a safe and secure condition or remove the sign.
(j) No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.
(k) All persons seeking to erect or place a sign shall require a sign permit from the Zoning Commissioner, unless this ordinance specifically states that the sign does not require a permit.
(l) Measurement:
(1) The surface area of any sign shall be computed as including the entire area within a regular, geometric form or combination of regular, geometric forms comprising all of the available display area of the sign, whether or not a message is included within the entire display area.
(2) The entire face of a sign shall be deemed part of the sign, including all of the elements of the matter displayed, whether they be textual, decorative, background, or otherwise; and, if a sign is so constructed that one or more individual messages or decorative elements are affixed to a single structure, the entire face of the structure shall be included in the calculation, and not just the area of the individual messages or decorative elements.
(3) Frames, posts and structural members which are not part of the face shall not be included in the computation of surface area unless they do contain or express any message.
(4) If a sign has two or more faces with different text, copy, messaging, and/or advertising display, the area of all the faces shall be included in determining the area of the sign.
(5) For projecting signs, pole signs, and free standing signs, or secondary signs that are double sided with identical copy on both sides and if both sides cannot be viewed at one time, only one side will be counted as the total sign area.
(Ord. 2015-09. Passed 7-13-15.)
1119.04 EXEMPTIONS.
The following signs shall be exempted from the provisions of this Sign Ordinance.
(a) Official governmental signs and notices.
(b) Holiday and special event signs.
(c) Sign face changes of legally conforming signs.
(Ord. 2015-09. Passed 7-13-15.)
1119.05 SIGNS PERMITTED IN ANY DISTRICT NOT REQUIRING A PERMIT.
The following signs shall be permitted in any zoning district without a permit.
(a) One sign advertising the sale, lease or rental of the premise upon which the sign is located, shall not exceed twenty square feet (20 sf) in area, except in all residential districts where the area of the sign, including add-ons, shall not be more than six square feet (6 sf) and is placed not less than fifteen feet (15') back of the property line. Where the principal building is less than fifteen feet (15') back of the property line, such sign may not be placed more than five feet (5') in front of the principal building.
(b) One sign pertaining to a home occupation, as defined in Section 1117.09 shall be permitted, provided the sign is not over six square feet (6 sf) in area. Such signs shall not be illuminated or flashing in nature.
(c) One bulletin board or sign for churches, libraries, museums, or similar institutions provided it does not exceed fifty square feet (50 sf) and is placed not nearer than fifteen feet (15') from the front property line, nor eight feet (8') from the side lot line, and does not obstruct the view across the corner of an intersecting street as specified in Section 1118.10 and is erected upon the premise of a church, school, or similar institution for the purpose of displaying the name and activities thereof, or the service provided therein.
(d) One identification placard for multiple family dwellings if it does not exceed twenty square feet (20 sf) in area and is placed not nearer than fifteen feet (15') from the front property line, nor eight feet (8') from the side lot line, and does not obstruct the view across the corner of intersecting streets.
(e) One or more political or opinion-expressive signs, the total area of which does not exceed six square feet (6 sf) in area.
(f) One or more garage sale signs that do not exceed six square feet (6 sf) in area (when combined) provided such signs are placed and removed within twenty-four hours of the sale date.
(Ord. 2015-09. Passed 7-13-15.)
1119.06 PROHIBITED SIGNS.
The following signs shall not be allowed pursuant to the provisions of this Sign Ordinance.
(a) Abandoned signs.
(b) Snipe Signs or signs attached to trees, telephone poles, public benches, or street lights.
(c) Signs placed on vehicles or trailers, which are parked or located for the primary purpose of displaying that sign.
(Ord. 2019-21. Passed 2-24-20.)
1119.07 SIGNS IN RESIDENTIAL DISTRICTS.
In residentially zoned districts, the following shall apply:
(a) No permanent stationary signs shall be permitted with the exception of signs appropriate to public or quasi-public uses as permitted in the Zoning District, signs incident to a legal process or necessary for the public welfare, signs erected by a governmental authority, and electronic message centers (EMCs) for churches, schools, and public and/or quasi-public institutions as permitted in the applicable zoning district.
(b) Non EMC signs shall not be larger than six square feet (6 sf) in area and shall have a minimum setback of at least fifteen feet (15') from the right-of-way of any thoroughfare except as approved by the Board of Zoning Appeals, as required by a governmental authority, or as permitted in subsection 1119.05(c).
(c) EMC signs in residential districts shall have static displays, be equipped with automatic dimming capabilities, and be no more than eighteen square feet (18 sf) in size. EMCs in residential districts shall be at least fifteen feet (15') from the right-of-way of any thoroughfare except as approved by the Board of Zoning Appeals, eight feet (8') from the side lot line, and not obstruct the view across the corner of an intersecting street as specified in Section 1118.10 and erected on the premises of the church, school, public and/or quasi-public entity or similar institution.
(Ord. 2015-09. Passed 7-13-15.)
1119.08 SIGNS IN COMMERCIAL DISTRICTS.
For all Commercial Districts, the following shall apply:
(a) For each business in a commercially zoned district, a maximum of two (2) signs which may be a combination of any of the following shall be permitted:
(1) A wall sign not to exceed twenty percent (20%) of the total area of the building wall area where the sign is mounted.
(2) A projecting sign not to exceed twenty square feet (20 sf), projecting no more than five feet (5') from the wall and nine feet (9') above the ground/sidewalk level, or fourteen feet (14') above the level of any street or thoroughfare.
(3) A sign painted on a fabric awning permanently affixed to the entry of a business not to exceed twenty square feet (20 sf).
(4) A free standing sign not to exceed fifteen feet (15') in height or maximum height of the building, whichever is less. Only one (1) free standing sign will be permitted per building. Free standing signs may not exceed twenty square feet (20 sf) of sign area.
(5) Secondary signs attached to the free standing sign are allowed for each business, if more than one (1) business is located in a building. Secondary signs may not exceed ten square feet (10') of sign area.
(6) Electronic Message Centers (EMCs) that may include messages that are static, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once.
A. All Electronic Message Centers shall be equipped with automatic dimming capabilities.
B. Electronic Message Centers may be no bigger than twenty-four square feet (24 sf).
(b) Signs may be internally lit or externally illuminated. Flashing signs are prohibited.
(Ord. 2015-09. Passed 7-13-15.)
1119.09 SIGNS IN INDUSTRIAL DISTRICTS.
For all Industrial Districts, the following shall apply:
(a) Free Standing Sign: One (1) free standing sign shall be permitted per use and such free standing sign may not exceed twenty feet (20') or the maximum height of the building, whichever is less. The maximum sign area for a free-standing sign is one square foot (1 sf) of sign area per linear foot of lot frontage, up to a maximum of one hundred square feet (100 sf). Free standing signs may not exceed the height of the principal building. All free standing signs may not be located closer to the road right-of-way than ten feet (10').
(b) Wall Signs: Wall signs attached to, or painted on a wall surface of any building or structure may not occupy more than 10 percent (10%) of any wall area of which such sign is a part or to which such sign is most mealy parallel. Only three (3) wall signs are permitted per building or structure.
(c) Electronic Message Centers: EMCs may include messages that are static, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once.
(1) All EMCs shall be equipped with automatic dimming capabilities.
(2) EMCs in industrial districts may be no bigger than thirty-two square feet (32 sf).
(d) Multiple Businesses in One Structure: When a structure/building contains more than one business establishment or when the owners of two (2) or more contiguous lots voluntarily agree to develop common signage, a common signage plan may be submitted and approved by the Zoning Commissioner. Common signage plans may not exceed the following limitation:
(1) Maximum sign area: The total maximum sign area of all types (free standing or attached to any building) shall not exceed either two square feet (2 sf) of sign area per linear foot of street frontage or three percent (3%) of the ground floor of the principal building or six hundred square feet (600 sf), whichever is less.
(2) Maximum area of wall signs: The total maximum building wall area that may be used for sign area is ten percent (10%) of the wall area which such sign is a part or to which such sign is most nearly parallel. One (1) sign will be allowed per business located in the building.
(3) Maximum number of free standing signs: Free standing signs are limited to one (1) for each five hundred feet (500') of frontage.
(e) All signs may be internally or externally illuminated. Flashing signs are prohibited.
(Ord. 2015-09. Passed 7-13-15.)
1119.10 TEMPORARY SIGNS.
(a) One (1) announcement sign not exceeding forty-eight square feet (48 sf) regarding the construction of a building, including such information as the architect, builder, contractor, etc., may be installed during the construction period.
(b) Temporary, free standing signs such as, but not limited to "A" frame or trailer-based signs, shall be permitted in any commercial or industrial district for up to thirty days (30) from the date of opening a business, provided that they do not constitute a traffic hazard. Such signs shall not encroach into the public right-of-way. Such signs may also be permitted for established organizations when approved by council as being in the best interest of the community, for a period not to exceed thirty (30) days.
(c) One (1) subdivision sign not exceeding forty-eight square feet (48 sf) advertising the sale and/or development of property shall be permitted per project for a reasonable period of time under the circumstances.
(d) Signs or banners announcing temporary charitable or community functions shall not be placed over any street right-of-way without prior authorization from the Village Administrator.
(e) Temporary, non-illuminated, free standing sign(s), not exceeding six (6) square feet in area may be placed within a public right of way for a period of no more than five (5) consecutive days. (Ord. 2019-21. Passed 2-24-20.)
1119.11 VARIANCES.
(a) A variance may be sought for the construction of a sign, Permanent or Temporary, which does not comply with the provisions of Chapter 1118, the Sign Code of the Village of New London. A variance may be granted if the applicant can demonstrate the following:
(1) The application of the Sign Code would substantially limit the applicant's ability to put the property to its highest and best use.
(2) Neighboring property owners would not be detrimentally harmed by the grant of the variance.
(3) The hardship suffered is unique to the property and was not created by the applicant for the variance.
(b) The Village of New London may impose conditions on the variance, as necessary, to further the purpose of the Sign Code and other applicable Municipal ordinances.
(Ord. 2015-09. Passed 7-13-15.)
1119.12 PERMITS AND FEES.
(a) A separate sign permit shall be required for the installation or replacement of any sign regulated in this Ordinance.
(b) Each application for a sign permit shall be accompanied by a drawing showing the design proposed, the size, method of illumination, the exact location of the sign in relation to the building and property, and details and specifications for construction. Fees for sign permits shall be in accordance with council resolutions.
(c) When any sign is installed on any property prior to obtaining all necessary permits, the normal fee for that sign shall be doubled. This late fee shall not relieve the petitioner of the sign from complying with all other provisions of this Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1120.01 LANDSCAPING REQUIREMENTS.
Consistent with the objectives established in the Chapter, landscaping shall be provided according to the following standards for the following districts with the new construction of any principal building:
(a) R-3 Multi-family Residential
(b) MHP Manufactured Home Park Residential
(c) C-3 General Commercial
(d) M-1 Light Industrial
(Ord. 2015-09. Passed 7-13-15.)
1120.02 SPECIAL EXCEPTIONS.
The Village of New London shall recognize that in some cases, landscaping requirements may be difficult or impractical to meet due to specific site characteristics. In these cases an alternate landscaping plan may be approved by the Planning and Zoning Commission as part of the site plan review process.
(Ord. 2015-09. Passed 7-13-15.)
1120.03 SCREENING OF SERVICE COURTS, STORAGE AREAS, AND LOADING DOCKS.
For all uses that include areas used for service, loading, and unloading activities, such areas shall be screened along the entire rear lot line and side lot lines from the rear lot line to the rear building line to the following minimum standards:
(a) The width of the screening area shall be a minimum of five feet (5'). Screening shall consist of walls, hedges, fences, vegetation, or an acceptable combination of these elements provided that screening must be at least seven feet (7') in height.
(b) Vegetation used for screening shall have a minimum opaqueness of seventy-five percent (75%) at all times within two (2) years of planting.
(Ord. 2015-09. Passed 7-13-15.)
1120.04 SCREENING OF TRASH CONTAINER RECEPTACLES.
Trash containers shall be screened according to the following minimum standards:
(a) Trash containers designed to service more than one residential unit or to service a non-residential structure shall be screened on three (3) sides by walls, fences, or natural vegetation or an acceptable combination of these elements.
(b) The height of such screening shall be at least six feet (6'). The maximum height of walls and fences shall not exceed ten feet (10'). Vegetation shall have a minimum opaqueness of seventy-five percent (75%) at all times within two (2) years of planting. The use of evergreen vegetation is encouraged. Vegetation shall be a variety that will attain six feet (6') in height within two (2) years of planting.
(Ord. 2015-09. Passed 7-13-15.)
1120.05 INTERIOR PARKING AREA LANDSCAPING.
Landscaping within parking areas, whether ground cover or upright plant material is necessary, not only to reduce the generation of heat and water runoff, but to break up visually the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is required to landscape parking lot interiors. The use of shade trees in these landscape areas is encouraged. Any open parking area containing more than six thousand square feet (6,000 sf) of area or fifteen (15) or more parking spaces shall provide the following interior landscaping.
(a) An area equal to five percent (5%) of the total area devoted to parking spaces and parking lanes shall be landscaped and permeable.
(b) Whenever possible, large parking areas of thirty thousand square feet (30,000 sf) or larger shall be designed so as to break up their visual expanse and create the appearance of small parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and by taking advantage of natural features such as slope, existing woodland, or vegetation, drainage courses, and retention areas.
(c) Landscaping in parking areas shall be dispersed throughout in peninsulas or islands. The minimum island or peninsula size shall be one hundred eighty square feet (180 sf) with a two foot (2') minimum distance between all trees or shrubs and the edge of pavement where vehicles overhang and should have a minimum width of ten feet (10'). Islands shall typically be located every ten (10) to twelve (12) parking spaces and may be curbed.
(d) The required plant materials for the interior of parking areas shall be one (1) deciduous tree for every three thousand square feet (3,000 sf). Where site distance or maneuvering conflicts exist, trees shall have a clear trunk of at least five feet (5') above the ground, and the remaining required landscape areas shall be planted with shrubs or ground cover not to exceed two feet (2') in height.
(Ord. 2015-09. Passed 7-13-15.)
1120.06 PLANT MATERIAL SPECIFICATIONS.
The following sections include specifications for plant materials. Alternatives to these materials, than can be shown to meet both the intent and requirements of this Ordinance, may be approved as part of a site plan:
(a) Shrubs: Shrubs shall be at least twenty-four inches (24") average height and spread at the time of planting and, where required for screening, shall form a continuous, year-round, solid visual screen within five (5) years after planting.
(b) Ground Cover and Grass: Ground cover shall be planted a minimum of eight inches (8") on center and shall be planted in such a manner to present a finished appearance and seventy-five percent (75%) coverage after one (1) complete growing season. If approved as part of a Site Plan, ground cover may also consist of rocks, pebbles, wood chips, and other material. Grass shall be planted in species normally grown as permanent lawns.
(c) Within any required landscaping, the following tree species may not be used:
Box Elder | Siberian Elm |
Black Walnut | Mulberry |
Mountain Ash | Catalpa |
Hickory | Willow |
Tree of Heaven | Black Locust |
Poplar |
In addition to the specific species listed, trees which produce nuts, seeds, or fruit that can create a hazard to pedestrians or vehicles, shall not be planted in such a manner that the natural dripline of an average adult tree of the species planted will be any closer than three feet (3') of a pedestrian walkway or parking lot.
(Ord. 2015-09. Passed 7-13-15.)
1120.07 SCREENING OF EXTERIOR MECHANICAL EQUIPMENT.
Exterior components of plumbing, processing, heating, cooling, and ventilating systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating-equipment fans, blowers, ductwork, vents louvers, meters, compressors, motors, incinerators, ovens, etc.) shall not be directly visible at ground level. Any landscaping or structural means employed to screen exterior components of plumbing, processing, heating, cooling, and ventilating systems from direct view, shall appear as integrated parts of the buildings and shall be constructed of complementary and durable materials and finished in a texture and color scheme complementary to the overall architectural design. Any exterior components of plumbing, processing, heating, cooling, and ventilating systems and their screening devices which will be visible from upper floors of adjacent buildings shall be kept to a visible minimum, shall be installed in a neat and compact fashion and shall be painted in such a color as to allow their blending with their visual backgrounds.
(Ord. 2015-09. Passed 7-13-15.)
1120.08 MAINTENANCE AND REPLACEMENT REQUIREMENTS.
The owner shall be responsible for maintaining all landscaping in good condition to present a healthy, neat, and orderly appearance. This should be accomplished by the following standards:
(a) All plant growth in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.
(b) All planted areas shall be maintained in a relatively weed-free condition, clear of undesirable undergrowth and free from refuse and debris.
(c) Replacement plants shall conform to the standards that govern original planting/installation. Dead or unhealthy plants, shrubs, grass, and trees shall be replaced within the next planting season.
(d) Representatives of the Village of New London shall have the authority to inspect landscaping and check it against the approved plan on file.
(Ord. 2015-09. Passed 7-13-15.)
1121.01 NON-CONFORMING USE.
(a) The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of enactment of this Ordinance, supplement, or amendment may continue, even though such use does not conform with the provisions of this Ordinance or any supplement or amendment made after the enactment of this Ordinance. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
The non-conforming use of any land or premises existing on the effective date of the Zoning Ordinance may be continued provided that no such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property, except when authorized by the Zoning Board of Appeals in accordance with the provisions of Chapter 1104. If such non-conforming use of land or any portion is discontinued or changed, any future use of such land shall be in conformity with the provisions of the Zoning Ordinance.
(b) In the event that a non-conforming use of any dwelling, building, or structure and of any lot or premises is voluntary discontinued for a period of twenty-four (24) months or more, any future use of the lot, building, or structure shall be in conformity with the provisions of this Ordinance.
(c) Any building arranged, intended, or designated for a non-conforming use, but at the time of the passage of the Zoning Ordinance is not being so used and continues to be unused for a period of twenty-four (24) months from the time of the passage of the Zoning Ordinance shall not, after such twenty-four (24) months, be used except in conformity with the regulations of the district in which such building is located.
(d) Without prior approval, a non-conforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use.
(e) Any building arranged, intended or designated for a non-conforming use, the construction of which has been started at the time of the passage of this Zoning Ordinance but not completed, may be completed and put into such non-conforming use provided it is done within one (1) year after the Zoning Ordinance takes effect.
(f) When a non-conforming building or structure has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 75 percent (75%) of its fair market value, it shall not be restored or reconstructed except in conformity with regulations of the zoned district in which the building or structure is located.
(g) When a non-conforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within a year of damage revokes the right to non-conforming use, and the premises shall conform thereafter to the established district regulations.
(h) When non-conforming trailers or mobile homes are located on a lot in any district other than a mobile home park and are once removed, they shall not be relocated on such lot and shall not be replaced with another trailer or mobile home.
(i) A use in violation of the provisions of the Zoning Ordinance which this Ordinance which this Ordinance amends or of a Zoning Ordinance covering an area of a city, village, or township subsequently annexed to the Village of New London shall not be validated by the adoption of this Ordinance.
(Ord. 2015-09. Passed 7-13-15.)
1121.02 NON-CONFORMING STRUCTURES.
If any structure was built prior to the adoption of this Ordinance and is considered to have non-conforming setbacks, additions to, or enlargement of an existing structure which presently encroaches upon required side or rear yards may be permitted if the proposed addition or enlargement follow the existing structure setbacks, and the addition or enlargement will not exceed any other lot lines.
(Ord. 2015-09. Passed 7-13-15.)
1121.03 ABANDONED AUTOMOBILE SERVICE STATIONS, GAS STATIONS, OR FILLING STATIONS.
(a) For the purpose of this Ordinance, an abandoned automobile service station, gas station, or filling station shall be defined as one in which the petitioner or lessee has failed to operate for at least six (6) consecutive months in any eighteen (18) month period.
(b) All automobile service stations, gas stations, or filling stations where use is discontinued after the enactment of this Ordinance shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property, or general welfare of the community and shall be abated.
(ORC 3791.11-13 and 3791.99; Ord. 2015-09. Passed 7-13-15.)
1122.01 PURPOSE.
The purpose of site plan review procedures and requirements is to provide a means and process to review the proposed development of structures and establishment of land uses in a way that considers the following concerns and, where necessary, requires modification of development proposals to eliminate or reduce potential land use conflicts and nuisances. The principal areas of concern are:
(a) Balancing of landowner's rights to use their land with the corresponding rights of abutting and neighboring landowners to live without land use conflicts.
(b) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads.
(c) The protection of surface or ground-water from pollution and the adequacy of waste disposal methods.
(d) The protection of historic and natural environmental features on the site under review and in adjacent areas.
(Ord. 2015-09. Passed 7-13-15.)
1122.02 PROJECTS REQUIRING SITE PLAN REVIEW.
Except as specifically exempted in Section 1122.03, site plans are required when construction projects involve individual buildings on individual sites, and when the proposed construction, alteration, relocation, or change of use involves any one of the following elements.
(a) The proposed construction involves a Conditional Use in the Zoning district.
(b) The proposed development activity involves construction of five (5) or more new or additional off-street parking spaces.
(c) The construction of any number of housing units in a multi-family structure(s).
(d) The construction or expansion of industrial buildings greater than five-thousand square feet (5,000 sf) of gross floor area.
(e) The construction or expansion of a commercial, office or public building greater than five-thousand square feet (5,000 sf) of gross floor area.
(Ord. 2015-09. Passed 7-13-15.)
1122.03 EXEMPTIONS FROM SITE PLAN REVIEW.
Site plan review shall not be required for:
(a) The construction or enlargement of any single-family or two-family dwelling or building accessory to such dwelling.
(b) Home occupations.
(Ord. 2015-09. Passed 7-13-15.)
1122.04 PROCEDURE.
(a) An applicant proposing a development subject to Site Plan Review under this Chapter shall file with the Zoning Commissioner, ten (10) copies each of the site plan documents required according to Section 1122.10, along with the required application fee.
(b) For developments that involve one (1) or more conditional uses and also requires site plan approval in accordance with this Chapter, the Planning and Zoning Commission retains authority to grant approval for bid requirements. Approval for both conditional uses and for site plan review may be granted concurrently and in accordance with the requirements of this Chapter.
(c) After reviewing the application for completeness and determining that the application is complete, the Zoning Commissioner shall transmit copies of the application to the Planning and Zoning Commission. If all information required is not provided, the Zoning Commissioner shall promptly notify the applicant of the items needed. Within twenty (20) days following the determination that the application is complete, the Planning and Zoning Commission shall meet and consider the proposed site plan and make a recommendation to the Village Council.
(Ord. 2015-09. Passed 7-13-15.)
1122.05 NOTIFICATION OF ADJACENT PROPERTY OWNERS.
Within ten (10) days following the determination that the application is complete, the notices of the meeting to be held by the Planning and Zoning Commission and the Village Council on the proposed development shall be sent by first class mail to all adjoining property owners within two hundred feet (200') of the proposed development.
(Ord. 2015-09. Passed 7-13-15.)
1122.06 SUBMISSION REQUIREMENTS.
(a) A site plan shall be prepared at a scale of one inch (1") equals twenty feet (20'), developments greater than five acres may be drawn at a scale of one inch (1") equals fifty feet (50') on standard twenty-four inch (24") by thirty-six inch (36") sheets, with continuation on eight and one-half inch by eleven inch (8.5" x 11") sheets as necessary for narrative. A site plan shall include all relevant data, details, and supporting information as outlined in Section 1122.10. The Village may require an additional fee to defray the expenses associated with the public review of the plans, including the need to retain a registered professional engineer, architect or landscape architect, or other professional consultant to advise the Village on any or all aspects of the site plan.
(b) A copy of the site plan shall be sent to the Planning and Zoning Commission and any other agency or department deemed appropriate for review and comment. Minor changes to submitted plans may be accepted by the Zoning Commissioner up to seven (7) calendar days before a scheduled meeting of the Planning and Zoning Commission. The Zoning Commissioner shall decide whether the proposed changes in a site plan are minor.
(Ord. 2015-09. Passed 7-13-15.)
1122.07 ACTION BY THE VILLAGE COUNCIL.
(a) Within forty-five (45) days after receiving the recommendation of the Planning and Zoning Commission, the Village Council shall meet to consider the proposed site plan and take one (1) of the following actions:
(1) Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this Ordinance.
(2) Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this Ordinance.
(3) Approval of the site plan subject to any conditions, modifications, and restrictions that will ensure that the project meets the standards for review.
(b) If the site plan is disapproved, the specific basis for such disapproval shall be provided along with clear description of how the site plan could be modified to be approved. Any re-submission of a site plan need only be submitted to the Village Council for review, after adjoining property owners previously notified have been provided a ten (10) day notice by first class mail of such a subsequent meeting.
(Ord. 2015-09. Passed 7-13-15.)
1122.08 STANDARDS FOR REVIEW.
The Planning and Zoning Commission and Village Council shall review the site plan and supporting documents taking into consideration the reasonable fulfillment of the objectives listed below.
(a) Traffic: Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining roadways, sidewalks and properties.
(b) Parking: Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic control.
(c) Services: Reasonable demands placed on Village services and infrastructure, as well as other government agencies such as schools.
(d) Pollution Control: Adequacy of methods for sewage and refuse disposal, and the protection from pollution of both surface waters and groundwater. This includes reducing soil erosion both during and after construction.
(e) Nuisances: Protection of abutting properties and Village amenities from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, storm water runoff, etc.
(f) Existing Vegetation: Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
(g) Amenities: The applicant's efforts to integrate the proposed development into existing landscape through design features such as vegetative buffers, roadside plantings, and the retention of open space and agricultural land.
(h) Village Character: The building setbacks, area and location of parking, architectural compatibility, signage, and landscaping of the development, and how these features harmonize with the surrounding landscape.
(Ord. 2015-09. Passed 7-13-15.)
1122.09 ENFORCEMENT AND TIME LIMITS.
A bond or other similar performance guarantee may be required to ensure compliance with the plan and stated conditions of approval. Site plan approval issued under Section 1122.07 (a) shall lapse within two (2) years unless a Zoning Permit is obtained and construction is completed. In the event that a site plan becomes the subject of litigation, this two (2) year time limit shall not begin until legal issues are resolved.
(Ord. 2015-09. Passed 7-13-15.)
1122.10 SITE PLAN CONTENT.
A site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All of the requirements must be met in each plan, with notations explaining the reasons for any omissions. All site plans shall be prepared by a registered professional engineer, architect or landscape architect. Items required for submission include:
(a) Name of project, boundaries, legal description, and location maps showing the site's location in the Village, date, north arrow, and scale of the plan.
(b) Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect who prepared the site plan.
(c) Names and addresses of all owners of record of abutting parcels and those parcels within two hundred feet (200') of any property line of the subject property.
(d) All existing lot lines, easements and rights-of-way. Include area in acres or square feet, abutting land uses, and the location and use of structures within one hundred feet (100') of the site.
(e) The location and use of all existing and proposed buildings and structures within the development.
(f) All dimensions of height and floor area, showing all exterior entrances, and all anticipated future additions and alterations.
(g) An illustration of traffic movement, ingress and egress, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences. Location, type and screening details for all waste disposal containers shall also be shown.
(h) The location, height, intensity and bulb type (e.g. fluorescent, sodium, incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(i) The location, height, size, materials, and design of all proposed signage.
(j) The location of all present and proposed utility systems including sewage or septic systems; water supply system, telephone, cable, and electrical systems, and storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, end-walls, hydrants, manholes, and drainage swales.
(k) The Village may also request soil logs, percolation tests, and storm runoff calculations for large developments.
(l) Plans to prevent the pollution of surface of groundwater, erosion of soil (both during and after construction), excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(m) Existing and proposed topography at a one foot (1`) contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the one hundred (100) year floodplain, the area will be shown and base flood elevations given. Indicate areas within the proposed site and within fifty feet (50') of the proposed site where ground removal of filling is required and give its approximate volume in cubic yards. Note: If site plan review is for expansion of an existing use, topography information may not be required.
(n) All existing natural land features, trees, forest cover, and water sources, and all proposed changes to these features, including size and type of plant material. Water sources will include ponds, lakes, streams, wetlands, floodplains, and drainage retention areas.
(o) Zoning for adjacent parcels, including those across the street of the development.
(p) Traffic flow patterns within the site, entrances, exits, loading and unloading areas, curb cuts on the site and within one hundred feet (100') of the site (including those on opposite sides of the street).
(q) For new construction, or alterations to any existing building, a table containing the following information must be included.
(1) Area of building to be used for a particular use such as retail operation, office, storage, etc.
(2) Maximum number of employees
(3) Maximum seating capacity, where applicable
(4) Number of parking spaces existing and required for the intended use.
(r) Elevation plans at a scale of one-quarter inch equaling one foot (1/4"=1') or one-eighth inch equaling one foot (1/8" = 1') for all exterior facades of the proposed structure(s) and/or existing facades and addition(s) showing design features and showing the type and color of materials to be used.
(Ord. 2015-09. Passed 7-13-15.)
1123.01 PURPOSE.
(a) The purposes of this chapter are:
(1) To establish the Downtown Preservation District.
(2) To establish procedures whereby the above district is afforded protection from actions that would be detrimental to preserving established historical and cultural resources in the community.
(3) To follow the Standards and Guidelines of the United States Secretary of interior for Rehabilitating Historic Buildings within these districts.
(b) The Downtown Preservation District is an overlay zoning district shown on the Official Zoning Map and imposes development standards in addition to the standards contained in the underlying district.
(Ord. 2024-22. Passed 10-28-24.)
1123.02 DOWNTOWN PRESERVATION DISTRICT DEFINED.
The Downtown Preservation District is defined as:
(a) Buildings located on West Main Street from CSX tracks adjacent to parcel # 26022A030220000 (previous Firelands Electric Cooperative headquarters) (1 Energy Place/31 W Main). Location: 41 05'07" N 82 24'04" W
(b) Buildings located on East Main Street from Village Hall (115 E Main), parcel# 26019B030110000. Location: 41 05'06" N 82 23'45" W.
(c) Buildings located on South Main Street from Prospect Street (67 S Main). Location 41 05'02" N 82 23'55" W.
(d) Buildings located on North Main Street (20 N Main) from CSX tracks adjacent to property identified as parcel# 26022A030310000. Location: 41 05'09" N 82 23 '58" W
This designation was based on historic, architectural, archeological, and cultural significance related to the historical development of the Village of New London. The majority of the buildings in the district are contributing buildings (more than fifty (50) years of age, possess some type of architectural/historical significance), and collectively form a distinctive area exemplifying significant architectural styles and/or portray the early historical development of the
Village. (Ord. 2024-22. Passed 10-28-24.)
1123.03 DEFINITIONS.
The following definitions shall apply only to the provisions of the Design Review Regulations of the Village of New London Code of Ordinances:
(a) "Alter" or "alteration" means any material change in the external architectural features of any property which lies within the Downtown Preservation District, including demolition, removal, construction, modification to existing signage or placement of new signage, roofs, windows, siding awnings/canopies, additions, doors/entrances, but not including the landscaping ofreal property, and painting.
(b) "Applicant" means any owner, owners, person(s), association, partnership, or corporation who applies for a Certificate of Appropriateness in order to undertake any change on property subject to this chapter.
(c) "Exterior architectural feature" means the architectural style, general design and arrangement of the exterior of a structure including, but not limited to, the type, color (for new construction and rehabilitation), and texture or the building material, doors, windows, roof, porches, and other appurtenant fixtures.
(d) "Downtown Preservation District" or "Preservation District" means the area described in Section 1123.02.
(e) "Member" means any member of the Design Review Board as established under the provisions of this chapter.
(f) "Planning Commission" means the appointed and serving body of the Village of New London that reviews planning and zoning issues and reviews site plans.
(g) "Review Board" means the Design Review Board established under the provisions of this chapter. (Ord. 2024-22. Passed 10-28-24.)
1123.04 ESTABLISHMENT OF DESIGN REVIEW BOARD.
(a) There is hereby established the New London Design Review Board, which shall have the powers and duties, as are hereinafter set forth in this chapter. The Board shall consist of at least five (5) members appointed by the Mayor subject to confirmation from Village Council. The Design Review Board's membership will be at the discretion of the Mayor but will include at least one property owner located in the Downtown Preservation District, at least one local historian, and at least one Council member.
(b) A majority of the Board membership shall constitute a quorum, and any action or decision of the Board shall have the support of the majority of its members.
(c) Members shall be appointed to serve three-year terms, except the Council member shall be appointed to a two-year term. For the initial year, two (2) members shall have one-year terms, one member shall have a two-year term, and the remaining members shall have three-year terms. Members shall serve until their successors have been named.
(d) The Design Review Board shall annually select a chairperson and vice chairperson. The Mayor or Village Administrator may provide such staff assistance as deemed necessary and available.
(Ord. 2024-22. Passed 10-28-24.)
1123.05 POWERS AND DUTIES OF THE DESIGN REVIEW BOARD.
(a) The Design Review Board shall annually select one of its members to serve as chairperson and one as vice chairperson. The Village Administrator shall provide such staff assistance as necessary and available. All Village departments and agencies shall cooperate in expediting the work of the Design Review Board.
(b) The Design Review Board shall adopt rules and regulations, consistent with this chapter, governing its procedures and transactions. The Design Review Board shall meet as required to carry out the review of applications for Certificates of Appropriateness, and such other related work as may be accepted through request of Council or undertaken on its own motion. A meeting shall be held at least once each month when there are applications to be considered and not less than once a year. Special meetings may be held at the call of the chairperson of the Design Review Board. All meetings shall be in compliance with the Ohio Open Meetings requirements.
(c) Within the boundaries of the Downtown Preservation District, the Design Review Board shall review any proposed new construction and alterations to property as herein defined. The Board's approval of such new construction and alteration shall be secured before any owner of property may commence work thereon. In reviewing proposed alterations to property, the Design Review Board shall at a minimum use as evaluative criteria, the ten federal standards established by the Secretary of the U.S. Department of the Interior, as the same may from time to time be amended, as follows:
(1) Every reasonable effort shall be made to provide a compatible use for a property, which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
(2) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) Changes, which may have taken place in its course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes that may have acquired significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship, which characterize building, structure, or site, shall be treated with sensitivity.
(6) Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) Every reasonable effort shall be made to protect and preserve archaeological resources, affected by or adjacent to, any project.
(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(10) Whenever possible, new additions or alterations to structures shall be done in such manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
The Design Review Board shall also utilize the U.S. Secretary of Interior's Guidelines for Rehabilitating Historic Buildings in their review and deliberation.
The Design Review Board may amend and/or impose more refined design review criteria with Council approval based on the Preservation District's predominant architecture, historical significance, and its cultural/archaeological attributes.
(Ord. 2024-22. Passed 10-28-24.)
1123.06 TRIGGERING MECHANISM FOR DESIGN REVIEW.
A property owner within the Preservation District must complete an application for Certificate of Appropriateness which is deemed as an application to the Design Review Board. All property owners within the Preservation District must receive Design Review Board approval (Certificate of Appropriateness) prior to proceeding with the application of zoning and building permits.
(Ord. 2024-22. Passed 10-28-24.)
1123.07 LIMITATIONS ON ISSUANCE OF CERTIFICATES OF APPROPRIATENESS, CERTIFICATE OF OCCUPANCY, AND DEMOLITION PERMITS.
No alteration of any structure or significant exterior architectural feature thereof in the designated Preservation District shall be undertaken prior to obtaining a Certificate of Appropriateness from the Village of New London. Normal and ordinary maintenance functions performed on buildings with the Preservation District and the removal/demolition of a declared public nuisance (e.g., fire damaged buildings) that pose a threat to the health and safety of the general public shall be excluded from the restrictions in this chapter.
(Ord. 2024-22. Passed 10-28-24.)
1123.08 CERTIFICATE OF APPROPRIATENESS.
(a) When the owner of a property within a Preservation District proposes new construction or alteration to any portion of a structure within the district, he/she shall first apply for and secure a Certificate of Appropriateness from the Design Review Board. The application for a Certificate shall be made with the Village Administrator or designee, together with such plans, specifications, and other material as the Design Review Board may from time to time prescribe.
(b) Within forty-five (45) days of filing, the Design Review Board shall consider the applications, plans, and specifications.
(c) If the proposed alteration is determined to have no adverse effect by the Design Review Board on the Preservation District and does not violate the spirit and purpose of these regulations, then the Village Administrator or designee shall issue the Certificate of Appropriateness.
(d) If the Design Review Board determines that the proposed alteration will have an adverse effect on the Preservation District and does violate the spirit and purposes of these regulations, then the Board shall deny issuance of the Certificate of Appropriateness.
(e) In the event that the Design Review Board determines within the forty-five (45) day review period that a Certificate of Appropriateness shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition of any area, place, building, structure, site, object, or work of art. The Village Administrator or designee shall forthwith notify the of such determination and transmit to him/her a certified copy of the reasons for denial and
recommendations, if any, of the Board.
(f) Upon denying a Certificate of Appropriateness, the Board shall impose a waiting period of at least thirty (30) days, but not to exceed six (6) months from the date of disapproval, during which time the Board shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between Board and applicant shall be held within thirty (30) days from the date of disapproval. If a compromise proposal is accepted by both parties, the Board may henceforth authorize the issuance of a Certificate of Appropriateness.
(g) In the case of denial of a Certificate of Appropriateness for demolition, the Board and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Board and applicant shall investigate the feasibility of all means of preserving the listed property. If the Board and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions for the purpose of find a method of saving the structure,
and such good faith meetings shall be held at least every forty-five (45) days after the initial meeting.
(h) If the applicant fails to meet with the Board in good faith, at the time specified, then the Board denial of the application will stand.
(i) If, after holding such good faith meeting in the waiting period specified by the Board, the Board determines that failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant and that such certificate may be issued without substantial detriment to the public welfare and without substantial deviation from the purposes of the Design Review Board, then and in such event, the Village Administrator or designee shall issue a Certificate of Appropriateness for such proposed construction, reconstruction, or alteration.
(j) If, after holding such good faith meetings in the waiting period specified by the Board, no alternative solution to incompatible construction, reconstruction, demolition, or alteration is reached; then, the applicant may appeal the decision to Council. Council may affirm or reverse the Board decision. If Council affirms the decision, the denial of certificate of appropriateness will stand. (Ord. 2024-22. Passed 10-28-24.)
1123.09 APPEALS.
(a) Decisions by the Design Review Board may be appealed in writing by the applicant within seven (7) business days of the Design Review Board's decision.
(b) The Village Council shall consider an appeal at a public hearing within thirty (30) days of receipt of notice of appeal and shall utilize the written findings of the Design Review Board.
(c) A majority vote of the Village Council shall be required to overturn a decision of the Design Review Board.
(d) Decisions by the Village Council shall be deemed final administrative orders for appellate purposes and shall be thereafter regulated by Chapter 2506 of the Ohio Revised Code.
(Ord. 2024-22. Passed 10-28-22.)
1123.10 MINIMUM MAINTENANCE REQUIREMENT.
The owner of a historic structure or any other structure within the Preservation District shall provide sufficient maintenance and upkeep for such structure to ensure it perpetuation and to prevent its destruction by deterioration, whether the building is vacant or inhabited.
(Ord. 2024-22. Passed 10-28-24.)
1123.11 PENALTIES.
Whoever constructs, reconstructs, alters, changes, or demolishes any exterior feature of any structure, work of art, object, or area in violation of this chapter, or whoever maintains, changes, or installs a sign in violation of this chapter shall be deemed in violation of the Codified Ordinances and such violation shall be punishable under Section 1106.10 of the Codified Ordinances. Each day of violation shall constitute a separate and distinct violation for as long as one year with respect to alterations and for as long as two (2) years with respect to demolition. These periods correspond to those during which the Board may delay a proposed alteration or demolition. (Ord. 2024-22. Passed 10-28-24.)
1123.12 SEVERABILITY.
If any provision of this Chapter or the application thereof are held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application and to this end the provisions of this Chapter are hereby declared severable.
(Ord. 2024-22. Passed 10-28-24.)
1143.01 TITLE.
The provisions of this Chapter of these Codified Ordinances shall be known and referred to as “The Property Maintenance Code” and shall be referred to throughout this Chapter as "this Code."
(Ord. 2010-21. Passed 9-27-10.)
1143.02 PURPOSE.
Within the scope of this Code, as hereinafter set forth, the purpose of this Code is to establish minimum standards necessary to make all residential and nonresidential structures safe, sanitary, free from fire and health hazards, fit for human habitation and beneficial to the public welfare; to establish minimum standards governing the maintenance of structures in such condition as will not constitute a blighting or deteriorating influence on the neighborhood and the community; to protect property values and to maintain the character and appearance of the community and the neighborhoods within the community; to fix responsibilities on owners and occupants of structures with respect to sanitation, repair and maintenance; to establish additional standards for multiple dwellings; to authorize the inspection of structures; to establish enforcement procedures; to authorize the vacation or condemnation of structures unsafe or unfit for human habitation; and to affix penalties for violations.
(Ord. 2010-21. Passed 9-27-10.)
1143.03 SCOPE.
The provisions of this Code shall be supplementary to all other provisions of the ordinances of the Village relating to the zoning, construction, use and maintenance of properties and buildings and shall apply to all buildings or portions thereof.
(Ord. 2010-21. Passed 9-27-10.)
1143.04 CONFLICTS OF LAWS.
(a) In the event of conflict between any provision of this Code, including any rules and regulations adopted pursuant to this Code, and any provision of the ordinances of the Village, including any rules and regulations adopted pursuant to such ordinances, the more restrictive provision shall prevail.
(b) In the event of conflict between any provision of this Code, including any rules and regulations adopted pursuant to this Code, and any provision of State or federal law, including any rules and regulations adopted pursuant to such laws, the State or federal law shall prevail. It is not intended by the adoption of this Code to conflict with any provision of the Residential Building Code of Ohio for One-, Two-, and Three-Family Dwellings; and, in the event of a clear conflict with the same, the Residential Building Code of Ohio for One-, Two-, and Three-Family Dwellings shall prevail.
(Ord. 2010-21. Passed 9-27-10.)
1143.05 SEPARABILITY.
Sections and subsections of this Code and the several parts and provisions thereof are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision thereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, part of provision thereof.
(Ord. 2010-21. Passed 9-27-10.)
1143.06 DANGER TO HEALTH, SAFETY, MORALS OR WELFARE.
The failure of any building to conform to the requirements of this Code shall be deemed to be an imminent threat to the health, safety, morals or welfare to the inhabitants of the Village.
(Ord. 2010-21. Passed 9-27-10.)
1143.07 DEFINITIONS.
As used in this Chapter, the words set forth below shall have the following meanings:
(a) "Approved" means approved by the Zoning Inspector.
(b) "Basement" means a portion of a building partly or entirely underground whose ceiling or under part of the floor above is four feet or less above the average finished grade elevation.
(c) "Board" means the Board of Zoning Appeals.
(d) "Dwelling" means a building or structure, or part thereof, that is used or designed or intended to be used for residential purposes.
(e) "Dwelling structure" means a building or structure, or part thereof, that is used or designed or intended to be used for a residential purposes. "Dwelling structure" is synonymous with the term "residential structure."
(f) "Dwelling unit" means a group of rooms arranged, maintained or designed to be occupied by a single family and which consists o a complete bathroom with toilet, lavatory and tub or shower facility; at least one complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities; and approved living and sleeping facilities; all of which facilities are in contiguous rooms and are used exclusively by such family and by any authorized persons occupying such dwelling unit with the family. The words dwelling unit, apartment and suite shall be considered to be synonymous.
(g) "Family" means any number of individuals regularly living, cooking and eating together on the premises as a single housekeeping unit, as distinguished from a group occupying a rooming house, motel, hotel, dormitory or fraternity or sorority house.
(h) "Habitable floor area" means the floor area in any room in any dwelling, dwelling structure or multiple dwelling, which floor area is required to be contained within such dwelling, dwelling structure or multiple dwelling, or any part thereof, in order to meet the minimum requirements of this Code.
(i) "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, basement recreation rooms and areas used for kitchen purposes. Wherever living, sleeping or eating space is included in a room or area also used for kitchen purposes, the Zoning Inspector shall determine the portion of the floor area used for kitchen purposes and such portion, so determined, shall not constitute habitable floor area in determining the habitable floor area of a dwelling unit.
(j) "Nonresidential structure" means a building or part of a building used for purposes other than residential purposes.
(k) "Occupant" means a person living, sleeping, cooking, eating or conducting business in, or having actual possession of, a unit or room within a structure.
(l) "Occupied structure" means all structures, both residential and nonresidential, excluding secondary or appurtenant structures.
(m) "Operator" means a person who has the charge, care or control of a structure.
(n) "Owner" means the owner or owners of premises, including the holder of title thereto subject to contract of purchase, a vendee in possession, or mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises. The person who signs the application for a certificate of occupancy for any premises shall be deemed prima-facie to be the owner of such premises.
(o) "Person" means any individual, firm, partnership, association, corporation, company, organization or association of any kind.
(p) "Premises" means a lot, parcel or plot of land, including the buildings or structures thereon.
(q) "Rental property" means a lot, parcel of plot of land, including the buildings or structures thereon.
(r) "Secondary or appurtenant structure" means a structure, the use of which is incidental or accessory to that of the main building, and which is attached to the main building or located on the same premises therewith.
(s) "Supply or supplied" means paid for, furnished, provided by, or under the control of, an owner or operator.
(Ord. 2010-21. Passed 9-27-10.)
1143.08 INSPECTIONS; AUTHORITY OF ZONING INSPECTOR.
The Zoning Inspector is hereby authorized to make or cause to be made inspections of all structures or premises used for residential or nonresidential purposes, and of all secondary or appurtenant structures, to determine whether such structures or premises conform to the provisions of this Code.
(Ord. 2010-21. Passed 9-27-10.)
1143.09 RIGHT OF ENTRY.
Upon presentation of proper credentials, the Zoning Inspector may enter, with permission of the occupant, at reasonable times, or at such other times as may be necessary in an emergency, any dwelling, building, structure or premises in the Village to perform any duty imposed on him or her by this Code, provided, however, that if the occupant refuses permission to enter, no entry shall be made without first obtaining a warrant.
(Ord. 2010-21. Passed 9-27-10.)
1143.10 NOTICE OF VIOLATIONS.
(a) Whenever the Zoning Inspector finds any structure or premises, or any part thereof, to be in violation of the provisions of this Code, the Zoning Inspector shall give or cause to be given or mailed to the owner, agent or operator of such structure or premises a written notice stating the violation, which notice shall order the owner, agent or operator, within a stated reasonable time, to repair, improve or demolish the structure or premises concerned. In determining the amount of time in which remedial action must be completed, the Zoning Inspector shall consider all of the attendant circumstances, including the urgency of the threat to safety and the anticipated costs.
(b) Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Zoning Inspector or any notice to demolish and/or vacate a structure or part thereof, issued in accordance with the provisions of this Code, the Zoning Inspector may request the Solicitor or Prosecutor to institute legal proceedings or to take such other action as may be necessary to vacate the premises and abate the nuisance. The Zoning Inspector shall further give notice informing the owner, agent or operator of a structure or premises of such determination and action.
(c) The owner or owners of any property as to which such an order or notice to repair, improve, demolish or vacate has been issued shall not sell or enter into an agreement to sell or lease such property for longer than one year unless such order of the Zoning Inspector has been disclosed and displayed to the prospective purchaser or lessee, of unless or until the owner or owners has received notice from the Zoning Inspector of satisfactory compliance with such order or notice from the Zoning Inspector or other duly constituted authority that such order has been withdrawn or cancelled.
(d) If the person to whom a notice of violation is addressed cannot be found within Huron County after a reasonable and diligent search, then notice shall be sent by registered mail to the last known address of such person, and warning of the existence of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. No person shall remove or deface such warning notice without written permission from the Zoning Inspector. Such mailing and posting shall be deemed legal service of notice. Service of a summons and complaint shall be delivered by either personal service or by certified mail, and shall be served in accordance with Rule 4.1 of Ohio Rules of Civil Procedure.
(Ord. 2010-21. Passed 9-27-10.)
1143.11 EMERGENCY CASES.
(a) Whenever, in the opinion of the Zoning Inspector, the condition of a structure or premises, or any part thereof, constitutes an immediate hazard to human life or health, he or she shall declare a case of emergency and shall order immediate vacation of the structure or premises, or any part thereof. Such notice shall be served in the manner provided in Section 1143.10 but shall require immediate compliance.
(b) Whenever the Zoning Inspector orders a structure or premises, or any part thereof, to be vacated, he or she shall cause to be posted at each entrance to such structure or premises, or any part thereof, a placard warning of the existence of such vacation order. No person shall deface or remove such placard until the repairs or demolition is completed without the written permission of the Zoning Inspector. No person shall enter or use any structure or premises so placarded except for the purpose of making the required repairs or demolishing the structure or premises.
(Ord. 2010-21. Passed 9-27-10.)
1143.12 RIGHT OF APPEAL.
The owner, lessee, agent, or operator of any structure or premises shall have the right to appeal from any order of, or written notice issued by, the Zoning Inspector to the Board of Zoning Appeals. The Board's authority shall include the right to grant additional time, not to exceed one year, to complete remedial actions.
(Ord. 2010-21. Passed 9-27-10.)
1143.13 MAINTENANCE RESPONSIBILITIES OF OWNER AND OCCUPANT.
(a) The owner of every residential and nonresidential structure shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of this Code. The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.
(b) The occupant of a structure or premises shall be responsible for maintaining in a clean and sanitary condition that part of the structure or premises which he or she occupies and controls. In addition, such occupant shall be responsible for maintaining in good and safe working order the equipment and appliances which he or she owns.
(Ord. 2010-21. Passed 9-27-10.)
1143.14 LEASING FOR RESIDENTIAL OCCUPANCY; RESTRICTIONS.
No owner, operator or agent shall rent or lease, or offer for rental or lease, any residential or nonresidential structure, or any part thereof, which does not comply with the provisions of this Code.
(Ord. 2010-21. Passed 9-27-10.)
1143.15 HABITABLE FLOOR AREA STANDARDS.
(a) Floor area in any dwelling or part thereof shall be considered as constituting the habitable floor area, unless such floor area meets at least the following minimum standards:
In a one-floor, single-family dwelling, or in the first floor area of any other dwelling, the clear ceiling height shall be not less than seven feet, six inches.
In the second floor area and a clear ceiling height of not less than five feet in the remaining one-third of such floor area shall be required.
No portion of any room which is less than seven feet in width shall be included in determining the habitable floor area.
(b) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant thereof and at least 100 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this Code.
(c) Every room used for sleeping purposes shall contain not less than 100 square feet of habitable floor area if used for one occupant and not less than fifty square feet of habitable floor per occupant if used by more than one occupant.
(Ord. 2010-21. Passed 9-27-10.)
1143.16 REQUIRED DWELLING UNIT FACILITIES.
(a) Every dwelling unit shall be provided with not less than the following sanitary facilities contained within a room, which shall afford privacy to any occupant thereof:
(1) A water closet.
(2) A bathtub or shower.
(3) A lavatory.
(b) Every dwelling unit shall be provided with at least one complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities. No such kitchen facilities shall be placed within any water closet compartment or within any bathroom.
(Ord. 2010-21. Passed 9-27-10.)
1143.17 PLUMBING.
(a) All plumbing fixtures in a dwelling structure shall be supplied with running water.
(b) Every dwelling unit shall have an approved supply of running hot water properly connected to all plumbing fixtures normally requiring hot water.
(c) All plumbing fixtures in a dwelling structure shall be so designed and installed as to prevent contamination of water supply system.
(d) All plumbing fixtures in a dwelling structure shall be connected to a public sanitary sewer or approved septic system.
(Ord. 2010-21. Passed 9-27-10.)
1143.18 HEATING CAPACITY.
Every dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of sixty-five degrees Fahrenheit in all habitable rooms, kitchens, bathrooms and water closet compartments when the outdoor temperature is minus five degrees Fahrenheit, without forcing the facilities to operate in excess of their design capacity.
(Ord. 2010-21. Passed 9-27-10.)
1143.19 ELECTRICAL FACILITIES REQUIRED.
Every dwelling structure and secondary or appurtenant structure shall be provided with approved electrical service, outlets, and fixtures, which shall be installed and maintained so as to be free of any potential source of ignition of combustible material or any potential source of electrical hazard. Such facilities shall be approved as being adequate to supply the requirements of lighting, appliances and equipment of the structure concerned.
(Ord. 2010-21. Passed 9-27-10.)
1143.20 GENERAL MAINTENANCE REQUIREMENTS.
(a) All structures and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which such structure, or any part or feature thereof, was designed for or intended to be used.
(b) All equipment and facilities appurtenant to an occupied structure shall be maintained in good and safe working order.
(Ord. 2010-21. Passed 9-27-10.)
1143.21 MAINTENANCE OF FOUNDATIONS.
(a) All foundations of every structure shall be maintained structurally sound and in good repair. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks.
(b) All foundations of every occupied structure shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundation.
(c) All openings into the foundations of every structure shall be protected against the entrance of rodents.
(Ord. 2010-21. Passed 9-27-10.)
1143.22 MAINTENANCE OF ROOFS, GUTTERS AND DOWNSPOUTS.
All roofs of occupied structures shall be maintained weather tight and shall be equipped with gutters and downspouts, which shall be connected to a public storm sewer unless an alternative point of discharge has been approved by the Zoning Inspector.
(Ord. 2010-21. Passed 9-27-10.)
1143.23 MAINTENANCE OF EXTERIORS OF OCCUPIED STRUCTURES AND SECONDARY OR APPURTENANT STRUCTURES.
(a) All exterior parts of every occupied structure, including exterior walls, parapet walls, decorative additions, chimneys and all other exterior structures, either above or below the roof line, shall be maintained in a safe condition, weather tight and so as to resist decay or deterioration from any cause.
(b) Any occupied structure or secondary or appurtenant structure whose exterior surface is bare, deteriorated, ramshackle, tumble-down, decaying, disintegrating or in poor repair must be repaired or razed.
(c) All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, railings, trim and their missing members must be replaced and put in good condition.
(d) All exterior wood or exterior unfinished surfaces must be sealed and painted, or the surface covered with another approved protective coating or treated to prevent rot and decay. All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering, or when they have weathered due to lack of proper protective covering.
(e) Any occupied structure or secondary or appurtenant structure whose exterior surface is deteriorated, decaying or disintegrating, or whose exterior surface has weathered with dirt and grime or been impaired through peeling or flaking of the paint or other protective coating, shall be repaired or repainted or resurfaced.
(Ord. 2010-21. Passed 9-27-10.)
1143.24 INFESTATION OF PESTS.
All structures and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin or rodents.
(Ord. 2010-21. Passed 9-27-10.)
1143.25 EXTERIOR PROPERTY AREAS.
No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates or debases the appearance of the neighborhood, reduces property values in the neighborhood, adversely alters the appearance and general character of the neighborhood, creates a fire, safety or health hazard, or is a public nuisance, including, but not limited to, the following:
(a) Fences, walls or structures which are broken, dilapidated or with graffiti;
(b) Out of use or non-useable appliances, dilapidated automobiles or automobile parts, broken, dilapidated or unusable furniture, mattresses or other household furnishings, plastic materials, paints, miscellaneous coverings and/or any other materials that are not stored in a garage or other suitable structure in a lawful manner, consistent with all regulations where it is not visible from the street or other public or private property.
(Ord. 2010-21. Passed 9-27-10.)
1143.99 PENALTY.
Whoever violates any of the provisions of this Code, or any rule or regulation promulgated thereunder, fails to comply therewith or with any written notice or written order issued thereunder, or interferes with, obstructs or hinders any person authorized to inspect while such person is lawfully making an inspection is guilty of one of the following:
(a) If the offender previously has not been convicted of or pleaded guilty to a violation of any provision of this property maintenance code for which no penalty is otherwise provided, a misdemeanor of the fourth degree.
(b) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this property maintenance code, a misdemeanor of the third degree.
(c) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this property maintenance code, a misdemeanor of the second degree.
(Ord. 2010-21. Passed 9-27-10.)