New Middletown City Zoning Code
TITLE THREE
Zoning Administration
1111.01 DEFINITIONS; TENSES; PLURALS.
For the purpose of this Zoning Code, words used in the present tense include the future; the singular number includes the plural and the plural includes the singular; the work "lot" includes the wor1d "plot" the word "building" includes the word "structure" and certain words and terms are herewith defined as follows in this chapter.
(Ord. 1989-7. Passed 7-27-89.)
1111.02 ACCESSORY USE OF BUILDING.
"Accessory use of building" is a subordinate use of building customarily incident to and located on the same lot with the main use or building.
(Ord. 1989-7. Passed 7-27-89.)
1111.03 ADMINISTRATIVE OFFICIAL.
"Administrative official" means the Mayor of the Village of New Middletown, Ohio, and such other municipal officers or persons as are by lawful procedure appointed or assigned to the enforcement or administration of the Zoning Ordinance.
(Ord. 1989-7. Passed 7-27-89.)
1111.04 ALLEY.
"Alley" means any public space or thoroughfare which has been dedicated or deeded either formally or by operation of law to the public for public travel and which affords a secondary means of access to the abutting property.
(Ord. 1989-7. Passed 7-27-89.)
1111.05 ALTERATION.
"Alteration" as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
(Ord. 1989-7. Passed 7-27-89.)
1111.06 APARTMENT HOUSE.
"Apartment house" means a multi-family dwelling for three or more families, living independently of each other, and doing their cooking upon the premises.
(Ord. 1989-7. Passed 7-27-89.)
1111.07 AREA, BUILDING.
"Area, building" means the aggregate of the maximum horizontal cross section area of the main building on a lot, excluding cornices, eaves, gutters, chimneys projecting outside building, steps, open porches, bay windows, balconies and terraces.
(Ord. 1989-7. Passed 7-27-89.)
1111.08 BUILDING.
"Building" means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, and when separated by a fire wall, each such separated portion of such structure shall be deemed a separate building.
(Ord. 1989-7. Passed 7-27-89.)
1111.09 COMMERCIAL VEHICLE.
"Commercial vehicle" means any motor vehicle designed and used for carrying merchandise or freight, or used as a commercial tractor for drawing other vehicles designed and used for carrying merchandise and freight, and shall include such other motorless vehicles as are designed and used for carrying merchandise or freight and are drawn by other motor vehicles; provided however, that station wagons and small two wheeled automobile trailers of not more than one-half ton capacity shall not be included in this definition.
(Ord. 1989-7. Passed 7-27-89.)
1111.091 CONDOMINIUM.
“Condominium” means a building or group of buildings used as a dwelling in which dwelling units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners, in accordance with Chapter 5311 of the Ohio Revised Code.
(Ord. 1998-2. Passed 3-9-98.)
1111.10 HEIGHT, BUILDING.
"Height, building" means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building, to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of the mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof.
(Ord. 1989-7. Passed 7-27-89.)
1111.11 BUILDING LINE.
"Building line" means the line between which the street line or lot line no building or other structure or portion thereof, except as provided in this Code, may be erected above the level. The building line is considered a vertical surface intersecting the ground on such line.
(Ord. 1989-7. Passed 7-27-89.)
1111.12 DWELLING, ONE-FAMILY.
"Dwelling, one-family" means a detached building designed for or occupied exclusively by one family.
(Ord. 1989-7. Passed 7-27-89.)
1111.13 DWELLING, TWO-FAMILY.
"Dwelling, two-family" means a detached building designed for or occupied exclusively by two families, living independently of each other.
(Ord. 1989-7. Passed 7-27-89.)
1111.14 ESSENTIAL SERVICE.
"Essential service" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection with them, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.
(Ord. 1989-7. Passed 7-27-89.)
1111.15 DWELLING, MULTI-FAMILY.
"Dwelling, multi-family" see "Apartment house."
(Ord. 1989-7. Passed 7-27-89.)
1111.16 FAMILY.
"Family" means a single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
(Ord. 1989-7. Passed 7-27-89.)
1111.17 GARAGE, PRIVATE.
"Garage, private" means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.
(Ord. 1989-7. Passed 7-27-89.)
1111.18 GARAGE, PUBLIC OR STORAGE.
"Garage, public or storage" means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.
(Ord. 1989-7. Passed 7-27-89.)
1111.19 HOTEL.
"Hotel" means a building containing rooms intended or designed to be used or which are used, to be rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
(Ord. 1989-7. Passed 7-27-89.)
1111.20 JUNK.
"Junk" means any worn out, cast off, litter or debris or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
(Ord. 1989-7. Passed 7-27-89.)
1111.21 JUNK YARD.
"Junk yard" means the use of more than twenty-five square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk.
(Ord. 1989-7. Passed 7-27-89.)
1111.22 LOADING SPACE.
"Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(Ord. 1989-7. Passed 7-27-89.)
1111.23 LOT.
"Lot" means a parcel of land occupied or capable of being occupied by one building, and the accessory building and the accessory buildings or uses customarily incident to it including such open spaces as are required by the Zoning Ordinance.
(Ord. 1989-7. Passed 7-27-89.)
1111.24 LOT, CORNER.
"Lot, corner" means a lot at the point of intersection of and abutting on two or more intersecting streets, the angles of intersecting streets, being not more than 135 degrees. It is the land occupied or to be occupied by the corner building and its accessory buildings.
(Ord. 1989-7. Passed 7-27-89.)
1111.25 LOT, REVERSED CORNER.
"Lot, reversed corner" means a corner lot, the rear of which abuts upon the side of another lot whether across an alley or not.
(Ord. 1989-7. Passed 7-27-89.)
1111.26 NON-CONFORMING USE.
"Non-conforming use" means a building, structure or use of land existing at the time of the enactment of the Zoning Ordinance, or at the time of annexation to the Village of New Middletown, and which does not conform to the regulations of the district in which it is located.
(Ord. 1989-7. Passed 7-27-89.)
1111.27 PARKING SPACE.
"Parking space" means an area of not less than 180 square feet, net, exclusive of access or maneuvering area, or ramps, columns, etc., to be used exclusively as a temporary storage space for one private motor vehicle. Truck loading and unloading space shall not be included in such area. (Ord. 1989-7. Passed 7-27-89.)
1111.271 PLANNING AND ZONING BOARD.
Any reference in the Codified Ordinances to the “Planning and Zoning Board,” “Zoning Board,” “Zoning Commission,” “Village Planning Commission,” and “Planning Commission” shall mean the Planning and Zoning Board created by Section 1113.02 of the Codified Ordinances.
(Ord. 2014-01. Passed 1-13-14.)
1111.28 ROOMING HOUSE.
"Rooming house" means any dwelling which more than three persons either individually or as families are housed or lodged for hire, with or without meals. A boarding house or furnished rooming house shall be deemed a "rooming house."
(Ord. 1989-7. Passed 7-27-89.)
1111.29 SET-BACK BUILDING LINE.
"Set-back building line" means a building line back of the street line.
(Ord. 1989-7. Passed 7-27-89.)
1111.30 STREET.
"Street" means a public thoroughfare which has been dedicated or deeded to the public for public use either formally or by operation of law and which affords principal means of access to abutting property.
(Ord. 1989-7. Passed 7-27-89.)
1111.31 STRUCTURE.
"Structure" means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.
(Ord. 1989-7. Passed 7-27-89.)
1111.32 YARD.
"Yard" means an open space other than a court, on a lot unoccupied and unobstructed from the ground upward.
(Ord. 1989-7. Passed 7-27-89.)
1111.33 USE.
"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
(Ord. 1989-7. Passed 7-27-89.)
1111.34 YARD, FRONT.
"Yard, front" means an open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building project to the side of the lot.
(Ord. 1989-7. Passed 7-27-89.)
1111.35 YARD, REAR.
"Yard, rear" means an open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
(Ord. 1989-7. Passed 7-27-89.)
1111.36 YARD, SIDE.
"Yard, side" means an open unoccupied space on the same lot with the yard situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a lot line.
(Ord. 1989-7. Passed 7-27-89.)
1111.37 UNDEFINED TERMS OR PHRASES.
Any word or phrase not otherwise defined in this chapter shall have the meaning assigned to it by Chapter 1103.
(Ord. 1998-2. Passed 3-9-98.)
1113.01 PERMITS AND PLATS.
(a) All applications for building permits shall be made through the Building Inspector on standard forms designated by the Building Inspector and available from the Village Secretary. This form must be completed in full in accordance with the instructions located on the bottom of the form. Any applicant who is not the owner of the land or realty upon which the improvement or sign is to be affixed must include with his or her application a signed and notarized authorization from the property owner. accompanied by a plat, drawn approximately to scale, showing actual dimensions of the parcel of land to be built upon, the size of the building to be erected, the position of the building upon the lot, and such other information as may be deemed necessary to provide for the enforcement of the regulations of this Zoning Code.
(b) Submission of the application includes implied permission to the Building Inspector or his or her authorized representative to inspect the property, building or structure upon which the improvement or sign is to be located, supported or attached.
(c) A complete building site plan, accompanied by a plat, drawn approximately to scale, showing actual dimensions of the parcel of land to be built upon, the size of the building or sign to be erected, the position of the building or sign upon the lot, and such other information as may be deemed necessary to provide for the approval and enforcement of the regulations of this Zoning Code must accompany the application form.
(d) Any permit for a sign when not submitted as part of a request for a building or zoning permit shall be accompanied by a fee of one hundred dollars ($100.00).
(Ord. 2000-6. Passed 10-9-00.)
1113.02 ENFORCEMENT.
(a) The Planning and Zoning Board shall be established to administer the details of the application of the Zoning Code and to review all amendments to the Village Zoning Code and report to Village Council as to the recommendation or suggestions regarding such amendments. The Planning and Zoning Board shall consist of seven members, two members of Village Council, the Village Engineer or a representative of the engineering firm providing engineering services to the Village, and four individuals who are residents of the Village, appointed by the Mayor and confirmed by the Village Council, who shall all serve for terms of one year each or until his or her successors are appointed. At the first meeting of the Planning and Zoning Board held in each year, the members of the board shall elect a chair to preside at meetings. The Planning and Zoning Board may adopt rules and regulations for the conduct of business and meetings by the Board.
(b) The Mayor, with the consent of Village Council, may waive the requirement that two of the four individuals appointed to the Planning and Zoning Board be residents of the Village provided such individuals either own and operate a business in the Village or own real estate in the Village.
(c) Administration and enforcement of the Zoning Code shall be the joint responsibility of the Building Inspector and the Planning and Zoning Board, hereinafter referred to as The Board. No permit shall be issued by the Building Inspector for excavation or for the construction or alteration of any building, structure or part thereof where the plans, specifications or intended use indicate that the building or use would not conform in all respects with the provisions of this Zoning Code. (Ord. 2023-06. Passed 3-13-23.)
1113.99 PENALTY.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Zoning Code shall be fined not less than one dollar ($1.00) nor more than fifty dollars ($50.00) for each offense. Each day's violations shall constitute a separate offense.
(Ord. 1989-7. Passed 7-27-89.)
1115.01 BOARD CREATED.
The Village Planning Commission for the purposes herein shall be the Board of Zoning Appeals, with full power and authority to hear and determine all matters involving the administration of this Zoning Code and the details of the application thereof.
(Ord. 1989-7. Passed 7-27-89.)
1115.02 RULES AND REGULATIONS.
The Village Planning Commission shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code. All resolutions and orders of the Commission shall be in accordance therewith.
(Ord. 1989-7. Passed 7-27-89.)
1115.03 POWERS; GRANTING PERMITS AND VARIANCES.
The Commission shall have power to review any order or decision of the Building Inspector where such order or decision is based upon the requirements of this Zoning Code.
After the refusal of the Building Inspector to issue a building permit where such refusal is for noncompliance with the provisions of this Zoning Code, the Commission, acting as the Board of Zoning Appeals, shall hear and determine appeals from the decision of the Building Inspector and after public notice and hearing, may permit exceptions to and variation from the district regulations in the classes of cases or situation herein specified:
(a) Permit the extension of an existing or proposed building into a more restricted under such conditions as will safeguard the character of the more restricted district.
(b) Grant a permit in any residence district for a temporary building or use incidential to the residential development, such permit to be issued for a period of not more than one year, and in case of a building, only upon written application accompanied by a bill of sale to the Village of such building, effective in case the building is not removed prior to the expiration of the permit.
(c) Grant a permit for the reconstruction within twelve months of a nonconforming building or structure, substantially destroyed by fire, explosion, act of God or other public calamity, when such building is located in a district restricted against its use, and when, in the judgment of the Commission, such reconstruction will not substantially damage the district in which it is to be reconstructed.
(d) Grant a permit for the erection and use of a building or the use of premises in any location for public utility purposes and make such exceptions to the height and bulk district requirements herein established as the Commission decrees reasonably necessary for such purposes.
(e) Where the owner or owners of any tract or tracts of land having a total area of not less than ten acres submits to the Planning Commission a detailed plan for the development of such area for residential purposes, the Commission after public notice and hearing, may authorize, consistent with the spirit and intent of this Zoning Code, a modification of the application of the front, side and rear yard regulations and the lot area per family regulations as herein established, and such modifications of the use regulations as herein established as are incidental or essential to the carrying out of such residential development plan; provided, that such regulations shall be binding on all future owners of such property and provided that under such development plan the appropriate use of property adjacent to the area included in such development plan is fully safeguarded and provided that such devlopment plan is consistent with the public welfare.
(f) Grant a permit in a residence district for a two-family dwelling or for an apartment house. Such permit shall impose appropriate conditions and safeguards upon the construction and use of such two-family dwelling or apartment house as will protect and maintain the character of the neighborhood.
(g) Apply the provisions of the Zoning Ordinance in such a way as to carry out its true intent and purpose where the street and alley layout actually on the ground differs from the layout as shown on the Zone Map.
(h) Where there are practical difficulties or unnecessary hardships in the carrying out of the strict letter of the provisions of the Zoning Ordinance, to vary any such provisions in harmony with its general intent and purpose, subject to such conditions and safeguards as the Board may impose.
(Ord. 1989-7. Passed 7-27-89.)
1115.04 FEE AND APPLICATION FOR VARIANCE REQUESTS.
(a) The fee for submitting an application for a zoning variance shall be two hundred dollars ($200.00).
(b) The application for a variance shall be submitted to the Building Inspector on standard forms designated by the Building Inspector available from the Village Secretary. The application and appropriate fee must be returned to the Village Hall no later than five (5) business days prior to the regularly scheduled Board of Zoning Appeals meeting.
(Ord. 2000-5. Passed 11-13-00.)
1117.01 PURPOSE.
This chapter is to protect the health, safety and general welfare of the residents of the Village. The site plan review regulates the placement of structures and sites in a manner which considers the following concerns and, where necessary, requires modifications of development proposals to eliminate or minimize potential problems and nuisances, the principal areas of concern are:
(a) The balancing of the landowner’s requests to use their land with the corresponding rights of abutting and neighboring land owners to live without undue disturbance (i.e. noise, smoke, fumes, dust, odor, glare, storm water runoff, etc.)
(b) The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent roads.
(c) The adequacy of waste disposal methods and pollution of surface or ground water; and
(d) The protection of historic and natural environmental features on the site under review, and in adjacent areas.
(Ord. 1996-20. Passed 7-8-96.)
(Ord. 1996-20. Passed 7-8-96.)
1117.02 PROJECTS REQUIRING SITE PLAN REVIEW.
No permit for the construction, exterior alteration, relocation, occupancy or change in use of any building shall be given and no existing use shall be established or expanded in floor area except in conformity with a site plan approved by Council. Site plan review shall also be required for the resumption of any use discontinued for more than two years, or for the expansion of any existing use. “Expansion” shall include a floor space increase of twenty-five percent (25%) or more within any ten year period, or the introduction of new materials or processes not previously associated with the existing use. Required approval includes proposals for commercial, office, municipal, utility, fraternal or recreational purposes.
(Ord. 1996-20. Passed 7-8-96.)
1117.03 EXCEPTIONS.
Site plan review shall not be required for:
(a) The construction or enlargement of any single family dwelling, or building accessory to such dwelling;
(b) Construction or alteration providing for not more than 200 square feet total floor area after construction;
(c) Customary home occupations as defined in the zoning bylaws.
(Ord. 1996-20. Passed 7-8-96.)
1117.04 PROCEDURE.
(a) An applicant for a zoning permit under this section shall file with the Village Zoning Inspector five copies each of the site plan for each zoning request. The Village Zoning Inspector shall acknowledge receipt of these plans by endorsing them with his/her signature and the date of the receipt. A copy of the site plan shall be kept on file by the Village Zoning Department.
(b) After reviewing the application for completeness, and determining that it is not incomplete, the Zoning Inspector shall transmit copies to the Fire Department, Police Department, and Zoning Commission Chairman. The recipients of the plan have five working days to respond in writing to the Zoning Inspector concerning:
(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 chapter.
(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 chapter; or
(3) Approval of the site plan subject to any conditions, modifications and restrictions as required by the Zoning Inspector which will assure that the project meets the standards for review.
(Ord. 1996-20. Passed 7-8-96.)
1117.05 SUBMISSION REQUIREMENTS.
(a) A site plan shall be prepared by a registered professional engineer, architect, or landscape architect at a scale of 1 inch equals 20 feet, on standard 24" x 36" sheets, with continuation on 8 ½” x 11" as necessary for narrative.
(b) A site plan shall include all data, details and supporting information as outlined in Appendix A.
(Ord. 1996-20. Passed 7-8-96.)
1117.06 STANDARDS FOR REVIEW.
The Zoning Inspector shall review the site plan and supporting documents taking into consideration the reasonable fulfillment of the objectives listed below:
(a) Legal. Conformance with provision of the Village Zoning Ordinance.
(b) Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
(c) Parking. Provisions for the off street loading and unloading of vehicles incidental to the normal operations of the establishment, adequate parking, adequate lighting and external traffic control.
(d) Village Services. Reasonable demands placed on Village services and intrastructure.
(e) Pollution Control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface waters and ground water. This includes minimizing soil erosion both during and after construction.
(f) Nuisances. Protection of abutting properties and Village amenities from undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, stormwater runoff, etc.
(g) Existing Vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required special attention shall be given to replacement of trees.
(h) Amenities. The applicant’s efforts to integrate the proposed development into the existing landscape through design features such as vegetation buffers, roadside planting and the retention of open space and agricultural land.
(i) Village Character. The building setbacks, area and location of parking, signage and landscaping of the development, and how these features harmonize with surrounding neighborhood and the natural landscape.
(Ord. 1996-20. Passed 7-8-96.)
1117.07 ENFORCEMENT.
(a) The Zoning Inspector may suspend any permit license when work is not performed as required.
(b) Council may periodically amend or add rules and regulations relating to the procedures and administration of this chapter, by majority vote of Council, after conducting a public hearing to receive comments on any proposed revisions.
(Ord. 1996-20. Passed 7-8-96.)
APPENDIX A SUBMISSION REQUIREMENTS
The site plan shall include the following data, details and supporting plans. The number of pages submitted will depend of the proposal’s size and complexity. All of the requirements must be met in each plan, with notations explaining the reasons for any omission.
Site plans shall be prepared by a registered professional engineer, architect or landscape architect at a scale of 1 inch equals 20 feet on standard 24" x 36" sheets, with continuation on 8 ½” x 11" sheets as necessary for written information.
ITEMS REQUIRED FOR SUBMISSION INCLUDE:
1. Name of the project, boundaries and locus maps showing site’s location in town, date, north arrow and scale of the plan.
2. Name and address of the owner of record, developer and seal of the engineer, architect or landscape architect.
3. Names and addresses of all owners of record of abutting parcels and those within three hundred (300) feet of the property line.
4. All existing lot lines, abutting land uses, and the location and use of structures within three hundred (300) feet of the site.
5. The location and use of all existing and proposed buildings and structures within the development include all dimensions of height and floor area, and show all exterior entrances, and all anticipated future additions and alterations.
6. The location of all present and proposed public and private ways, 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.
7. 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 properties must also be show.
8. The location, height, size, materials and design of all proposed signage.
9. 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, endwalls, hydrants, manholes and drainage swales.
10. Plans to prevent all the pollution of surface or ground water, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties as applicable.
11. A landscape plan showing 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, brooks, streams, wetlands, flood plains and drainage retention areas.
12. Zoning district boundaries within five hundred (500) feet at the site’s perimeter shall be drawn and identified on the plan.
13. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site.
14. For new construction or alterations to any existing building, a table containing the following information must be included:
(a) area of building to be used for a particular use such as retail operation, office, storage, etc.;
(b) maximum number of employees;
(c) maximum seating capacity, where applicable; and
(d) number of parking spaces existing and required for the intended use.
MODEL DESIGN GUIDELINES AND PERFORMANCE STANDARDS FOR REVIEW OF SITE PLAN FOR THE VILLAGE OF NEW MIDDLETOWN.
1. PARKING
Parking lots shall be provided only at the side or to the rear of buildings.
The visual impact of parking areas upon the community character can be easily reduced through landscaped buffers, whose width at the roadside edge shall be based upon the length of the parking area exposed to the street (but which shall in no case be less than six (6) feet in width).
Locating buildings near the front edge of parking lots reduces the amount of required landscaping, as it minimized the exposed area of parking.
Parking lots containing ten or more spaces shall be planted with at least one tree per eight spaces, no smaller than 2" caliper (trunk diameter at chest height), each tree being surrounded by no less than 40 sq. ft. of permeable, unpaved area.
Parking areas must also be screened along lot lines bordering institutional or residential uses. Screening shall consist of landscaped area at least six (6) feet wide, densely planted with a mixture of deciduous and evergreen trees and shrubs, and shall create an effective visual barrier. All trees shall be deciduous and evergreen trees and shrubs, and shall create an effective visual barrier. All trees shall be a minimum 2" caliper (trunk diameter) when planted. Native trees and shrub shall be planted wherever possible, in order to capture the “spirit of the locale” through indigenous species (such as lilac, viburnum, day lilies, ferns, red-twig dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.)
In instances where healthy plant material exists on the site prior to its development in part or in whole, for purposes of off-street parking or other vehicular use areas, the zoning map may adjust the application of the above mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards.
2. STANDARDS
Open storage areas, exposed machinery, and outdoor areas used for the storage and collection of rubbish, must be visually screened from roads and surrounding land uses. Suitable types of screening include opaque wood fences and dense evergreen hedges of five (5) feet or more in height. Where evergreen hedges are proposed, a temporary fence should be built to provide screening until the evergreens are of sufficient height.
In locations where potential health or safety hazards may arise (such as rubbish storage/collection areas), a solid wooden fence, six (6) feet in height is required (to deter children and animals from entering the premises).
Where new fencing would create a continuous surface greater than ten (10) feet in length, it shall be softened visually with tree and shrub plantings.
3. ROADSIDE TREES
Because roadside trees are extremely important to the character of any community, removal of trees over five (5) inches in diameter (at breast height) must be absolutely minimized, especially along roadways. Removal of existing trees can usually be lessened by shifting the site of the building, parking lot or the entrance/exit drive. In addition, planting of new or replacement trees every thirty (30) feet along side roads is encouraged, to reinforce rural character. Such trees should be deciduous hardwoods, such as maple, oak, linden, sycamore, etc., (not conifers or flowering ornamentals), in order that a stately atmosphere may ultimately be created.
Roadside tree plantings should meet the following criteria:
(a) cast moderate to dense shade in summer;
(b) long-lived; i.e., over 60 years;
(c) be tolerant of pollution and direct or reflected heat;
(d) require little maintenance, by being mechanically strong and insect and disease resistant;
(e) be able to survive two (2) years with no irrigation after establishment; and
(f) be of native origin, provided that they meet the above criteria.
4. DUST, FUMES, VAPORS, GASES AND ODORS
Emission of dust, direct flyash, fumes, vapors or gases which could be injurious to human health, animals or vegetation; detrimental to the enjoyment of adjoining or nearby properties; or which could soil or stain persons or property, at any point beyond the line of the commercial or industrial establishment, creating that emission shall be prohibited. In addition, no land use or establishment shall be permitted to produce harmful, offensive or bothersome odors, scents or aromas (such as, but not limited to, those produced by manufacturing processes, food preparation, food processing, fish sales, rendering, fermentation processes, decaying organic matter and incinerators) perceptible beyond their lot lines, either at ground or habitable elevation. The location and vertical height of all exhaust fans, vents, chimneys or any other sources discharging or emitting smoke, fumes, gases, vapors, odors, scents or aromas shall be shown on the plan, with a description of the source materials.
5. GLARE
No land use or establishment shall be permitted to produce a strong, dazzling light or reflection of that light beyond its lot lines onto neighboring properties, or onto any town way so as to impair the vision of the driver of any vehicle upon that way. All such activities shall also comply with applicable Federal and State regulations.
6. NOISE
(a) Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, heat frequency, shrillness or volume.
(b) The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this bylaw shall be established by the time period and type of land use district listed below. Sound pressure levels shall be measured at all major lot lines, at a height of at least four (4) feet above the ground surface.
Sound from any source controlled by this bylaw shall not exceed the following limits at the property line of said source.
Sound Pressure Level Limits Measured in dB(A)s:
7:00 a.m. - 10:00 a.m. | 10:00 a.m. - 7:00 p.m. | |
Industrial Districts | 70 | 65 |
Commercial Districts | 65 | 55 |
Residential Districts | 55 | 45 |
1. Where the emitting and receiving premises are in different zones, the limits governing the stricter zone shall apply to any regulated noise entering that zone.
2. The levels specified may be exceeded to 10 dB(A) for a single period, no longer than 15 minutes in any one day.
7. ACCESS CONTROL
Subdivisions with frontage on state-numbered highways shall be designed into shared access points to and from the highway. Normally a maximum of two accesses shall be allowed (one ingress, one egress, for example), regardless of the number of lots or businesses served.
8. STORM WATER RUN-OFF
Surface water run-off shall be minimized and detained on-site if possible or practicable. If it is not possible to detain water on-site, downstream improvements to the channel may be required of the developer to prevent flooding caused by his project. The natural state of watercourses, swales, floodways, or rights of way shall be maintained as nearly as possible. The design period is the 50 year storm.
9. EROSION CONTROL
Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following “best management” practices:
(a) stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion;
(b) the duration of exposure of the disturbed area shall be kept to a practical minimum;
(c) temporary vegetation and/or mulching shall be used to protect exposed critical areas during development;
(d) permanent (final) vegetation and mechanical erosion control measures shall be installed as soon as practicable after construction end;
(e) until a disturbed area is established, sediment in run-off water shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable methods as determined by the County Engineer;
(f) during grading operation, methods of dust control shall be employed wherever practicable. (Ord. 1996-20. Passed 7-8-96.)
10. A site review committee shall be established consisting of eight members. The members shall be composed of the Chairman of the Zoning Commission, an engineer appointed by the Mayor of the Village and one Councilperson and five residents of the Village appointed by the Mayor and confirmed by Council.
(Ord. 1998-4. Passed 3-9-98.)