Newton Falls City Zoning Code
CHAPTER 1153
General Provisions
1153.01 APPLICATION.
The regulations set forth in this ordinance affect all land, every building, and every use of land and/or buildings and shall apply as follows.
(a) New Uses or Construction. After the effective date of this ordinance, no part of a yard, court, other open space, or off-street parking or loading space required for the purpose of complying with the provisions of this ordinance shall be included a part of a yard, open space, or parking and loading space required for any other building.
(b) Reduction of Lot and Yard Area Prohibited. No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established herein.
(c) Conforming Uses. After the effective date of this ordinance, structures, or the uses of land or structures which then conform to the regulations for the district in which such structures or uses are located may be continued provided that any structural alteration or change in use shall conform with the regulations herein specified.
(d) Nonconforming Uses. After the effective date of this ordinance, structures, or uses of land or structures which would be prohibited under the regulations for the district in which such structures or uses are located shall be considered as nonconforming. Nonconforming structures or uses may be continued provided they conform to the provisions contained in Section 1153.02.
(e) Nonconforming Lots. In any district in which single-family dwellings are permitted, if a lot of record at the effective date of adoption of this ordinance does not contain sufficient land area to permit a building to conform to the dimensional requirements of the ordinance, such lot may be used as a building site for a single- family residence provided that there is conformance to the minimum front and side yard requirements set forth in this ordinance for the district in which the residence is located. Furthermore, any permitted use serviced by a private septic system shall meet minimum County Health Department Regulations.
1153.02 CONTINUANCE OF NONCONFORMING USES OF LAND AND STRUCTURES.
(a) Extension of Nonconforming Uses and Structures. Nonconforming uses of land or structures existing at the time of adoption of this ordinance shall not hereafter be enlarged or extended in any way.
(b) Change of Nonconforming Use. Any nonconforming use may be changed to any conforming use, or with the approval of the Planning and Zoning Commission, to any use more in character with the uses permitted in the district. In permitting such change, the Planning and Zoning Commission may require appropriate conditions and safeguards in accordance with the provisions of this ordinance.
(c) Cessation of Nonconforming Uses of Land. When a nonconforming use of land ceases for a continuous period of two years subsequent use of the land shall conform to the regulations for the district in which the land is located.
(d) Cessation of Nonconforming Uses of Structures. When a nonconforming use of a structure is discontinued or abandoned for two consecutive years, the use shall not be resumed; and the subsequent use shall conform to the regulations for the district in which the structure is located.
(e) Repair and Alteration of Nonconforming Uses. Normal maintenance and repair of a building occupied by a nonconforming use is permitted provided no other provisions of this ordinance are violated.
(f) Damage or Destruction of Nonconforming Uses. Any structure containing a nonconforming use which has been damaged by fire or other causes may be constructed and used as before if reconstruction is substantially begun within one year of such damage. However, reconstructed structures shall not exceed the square footage as that contained in the structure at the time the damage occurred. Furthermore, all reconstructed structures which alter, improve, or are built on a different site from the original construction shall meet all applicable requirements for the district in which the structure is to be located unless such requirements are waived or modified by the Planning and Zoning Commission pursuant to its powers enumerated in Chapter 1159.
(g) Temporary Nonconforming Uses of Land. Temporary nonconforming uses of land for carnivals and similar uses may be permitted according to the provisions of Section 1157.03(c).
1153.03 RELATIONSHIP OF BUILDINGS TO LOTS.
1153.04 PUBLIC ACCESS TO PROPERTY.
Every building hereafter erected or moved shall be located on a lot adjacent to and have access to a public street, highway, road, or other public way.
1153.05 PROJECTIONS INTO PUBLIC STREETS AND STREET RIGHTS-OF- WAY.
No commercial signs or other structures shall project beyond any right-of-way line of any street except in the case of a properly executed air rights agreement which meets the provisions of all applicable legislation regarding the use of air rights. No shrubbery shall project into any public street right-of-way.
1153.06 PARKING AND STORAGE OF CERTAIN VEHICLES.
(a) Vehicles Without Current License Plates. Automobiles, trucks, or trailers of any kind or type without current license plates shall not be parked or stored on any lot zoned for residential use other than in completely enclosed buildings.
(b) Travel or Camping Trailers. Not more than one travel, camping trailer or self-propelled recreation vehicle per family living on the premises shall be permitted on a lot in any residential district. The trailer shall not be occupied temporarily or permanently while it is parked or stored except in an authorized mobile park. Said vehicles must be titled in the name of the owner or registered tenant.
(Ord. 2017-11. Passed 6-6-17.)
(c) Commercial Vehicles. Not more than one commercial vehicle which does not exceed 1 ½ tons rated capacity per family living on the premises shall be permitted in a residential district. No commercial vehicles used for hauling explosives, gasoline, or liquefied petroleum shall be permitted.
1153.07 HEIGHT.
(a) Public and Semi-Public Buildings. Hospitals, schools, churches, and other public and semi-public buildings may exceed the height limitations of the district, except as provided in Sections 1149.12
, if the minimum depth of rear yards and the minimum width of side yards required in the district regulations are increased one foot for each two feet by which the height of such public and semi-public building exceeds the prescribed height limit.
(b) Other Structures Permitted Upon Review. Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may exceed the district height limit upon review by the Planning and Zoning Commission.
1153.08 VISIBILITY AT INTERSECTIONS.
On any corner lot on which a front and side yard is required, nothing shall be erected, placed, planted, or allowed to grow which obstructs visions between a height of 2 ½ feet above the crown of the adjacent roadway and 10 feet in a triangular area formed by measuring from the point of intersection of the side lot lines and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.
1153.09 OFF-STREET PARKING REQUIREMENTS.
There shall be provided at the time of the erection of any building; at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area; or before conversion from one type of use of occupancy to another permanent off-street parking space in the amount specified by this section. Such parking space may be provided in a parking garage or properly graded and improved open space.
(a) Certification of Minimum Parking Requirements. Each application for a Zoning Certificate or Certificate of Occupancy submitted to the Zoning Administrator, as provided for in Article 9, shall include a plan showing the required space reserved for off-street parking and loading space and the means of ingress and egress to such space. This information shall be sufficient to enable the Zoning Administrator to determine whether or not the requirements of this section are met.
(b) Combination of Required Parking Spaces. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use except that ½ of the parking space required for churches, theaters, or other uses whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.
(c) Remote Parking Space. If the off-street parking space required by this ordinance cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 400 feet of the principal use. Such space shall be deemed required space associated with the permitted use and shall not hereafter be reduced or encroached upon in any manner. It is further provided that the Zoning Administrator may require a plat, deed, or other documentation necessary to show that remote parking space is controlled by and available to applicant prior to the granting of a Zoning Certificate.
(d) Design of Parking Area. All off-street parking except off-street parking for single- family detached dwelling units, single-family attached dwelling units on adjoining individual lots, or two-family dwellings located on a residential service street, shall be designed so that vehicles can turn around within the area and enter the street, road, or highway in such a manner as to completely eliminate the necessity of backing into the street, road or highway. Off-street parking for single-family detached dwelling units, shingle-family attached dwelling units on adjoining individual lots, or two-family attached dwelling units, which requires backing into a residential service street shall be permitted provided that such movement can be made with reasonable safety and without interfering with other traffic. All parking areas shall be separated from streets and/or highways by a green space of at least 18 inches and curbs. All parking lots will have designated entrances and exits.
(e) Standard Size of Off-Street Parking Space (See Diagram on next page.)
Angle of Parking | Width of Stall | Depth of Stall | Minimum Driveway Width | Length of Curb Per Car |
0 degrees | 9' | 23'0" | 12' | 23'0" |
30 degrees | 9' | 17'4" | 11' | 18'0" |
45 degrees | 9' | 19'10" | 13' | 12'9" |
60 degrees | 9' | 21'0" | 18' | 10'5" |
90 degrees | 9' | 20'0" | 20' | 9'0" |
(f) Minimum Parking Requirements. Wherever off-street parking is required in district regulations, the following minimum spaces shall be provided on the same lot with the principal use except as provided in subsection (c) hereof. A developer should evaluate his own needs, and if they are greater than the minimum, provide the necessary space.
Use | Required Off-Street Parking |
Apartment, townhouse, and Multiple-family dwelling | 2 spaces for each dwelling unit |
Auditorium/theater
|
1 space for each 3 spectator seats
|
Automobile service station
|
1 space for each car stored, plus 1 space for each employee
|
Auto wash Drive-In
| 1 space for each employee with a minimum of 2 spaces. |
Bank
|
1 space for each 200 square feet of gross floor space, plus 1 space for each two employees
|
Child care center
|
1 space for each adult attendant, plus two off- street spaces for loading and unloading.
|
Church
|
1 space for each four seats in the worship area
|
Drive-in facility
|
5 spaces for each one hundred square feet of floor area, plus 1 space for each employee.
|
Elementary school
|
1 space for each vehicle owned or operated by the school, plus 2 spaces for each classroom and each administrative office.
|
Fire station
|
1 space for each employee and 1space for each three volunteer personnel on a normal shift.
|
Funeral home
|
1 space for each four seats in the chapel or parlor, plus 1 space for each employee.
|
Golf course
|
4 spaces for each green, plus requirements for any other associated use.
|
Home occupation
|
In addition to residence requirements, one space for each hundred square feet of floor space devoted to the home occupation use.
|
Hotel, motel or motor court
|
1 space for each room to be rented, plus one additional parking space for each three employees, plus requirements for any other use associated with the establishment.
|
Indoor & Outdoor commercial recreation
|
1 space for each one hundred and eighty square feet of floor or ground area, or one space for each four seats available to patrons, whichever is greater.
|
Industrial manufacturing and Wholesale uses
|
1 space for each employee on the largest shift, 1 space for each member of the or office staff, 1 visitor parking space for each ten persons on the managerial staff, and one space for each vehicle used directly in the conduct of the business.
|
Junior high school
|
1 space for each vehicle owned or operated by the school, plus 2 spaces for each faculty member, plus 1 space for each four seats in the auditorium or gymnasium, whichever has the larger capacity.
|
Mobile home park
|
2 spaces for each mobile home
|
Nursing home
|
1 space for each five beds intended for patient use, plus 1 space for each shift employee.
|
Office, professional building
|
1 visitor space for each two hundred square feet of gross floor space and 1 space for each employee.
|
Office, medical, dental & boiler rooms
|
1 space for each employee, plus 2 spaces for each examining room.
|
Planned shopping center
|
5 ½ spaces every one thousand square feet of gross public floor space excluding storage.
|
Public or private club
|
1 space for each two hundred square feet of gross floor space.
|
Restaurant
|
1 space for each three seats, plus 1 space for each employee per shift.
|
Retail store
|
1 space for each two hundred square feet of floor area used for sales, plus 1 space for each two employees.
|
Sales & service establishments not listed elsewhere, which deal with customers on premises
|
1 space for each two hundred square feet of floor area available to customers, plus space for each two employees.
|
Senior high school
|
1 space for each vehicle owned or operated by the school, plus 6 spaces for each employee and one space for each 4 seats in the auditorium/gymnasium, whichever has the larger capacity.
|
Single or two-family dwelling
|
2 spaces on the same lot for each dwelling unit.
|
Stadium
|
1 space for each four spectator seats.
|
(g) Additional Requirements for the Physically Disabled and/or Handicapped. As required by the latest edition of the Ohio Building Code and subsequent adopted amendments. (Ord. 2017-10. Passed 6-6-17.)
(h) Parking in Residential Front Yard.
(1) No vehicle shall park in the required front yard in a residential district except on a driveway which has been improved by concrete or asphalt, and not on a vacant lot or lots.
(2) For the purpose of this Section, a driveway is defined as a strip not to exceed twenty-two feet in width. Circular drives may be permitted upon review by the Planning and Zoning Commission.
(Ord. 2017-20. Passed 12-4-17.)
(i) Parking on Vacant Lots in Residential Areas. No vehicle shall be parked on vacant lots in residential areas.
1153.10 OFF-STREET LOADING REQUIREMENTS.
(a) Requirements for Industrial and Wholesale Buildings. Every industrial and wholesale building hereinafter erected shall provide space as indicated herein for loading and unloading of vehicles. The number of off-street loading berths required by this section shall be considered as the absolute minimum specified by this section. For purposes of this section, an off- street loading berth shall have minimum plan dimensions of 12 feet by 25 feet and 14 feet overhead clearance with adequate means for ingress and egress.
Square Feet of Gross Floor Area in Structure | Number of Berths |
0 – 25,000 | 1 |
25,000 – 40,000 | 2 |
40,000 – 100,000 | 3 |
100,000 – 169,000 | 4 |
160,000 –240,000 | 5 |
240,000 – 320,000 | 6 |
320,000 – 400,000 | 7 |
Each 90,000 above 400,000 | 1 |
(b) Design of Loading Spaces. Off-street loading spaces shall be designed so that vehicles can maneuver for loading and unloading entirely within the property lines of the premises.
(c) Requirements of Commercial Uses. All retail uses and office buildings with a total floor area of 20,000 square feet shall have 1 off-street loading berth for each 20,000 square feet.
1153.11 HOME OCCUPATION.
A home occupation permitted in any residential district shall be in conformance with the following requirements:
(a) No persons other than those residing in the house shall engaged in the occupation.
(b) The occupation shall not involve the retail sale of merchandise manufactured off the premises except for products related directly to the service performed such as beauty products.
(c) No display of merchandise shall be visible from the street.
(d) The occupation shall not be a nuisance or cause undo disturbance in the neighborhood.
(e) No sign shall be permitted except 1 non-illuminated nameplate not more than two square feet in area mounted flat against the wall of the principal building in which the occupation is conducted.
(f) Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
(g) The following home occupations shall be permitted. Other home occupations may be permitted by the Planning and Zoning Commission in accordance with the provisions of this section and the aforementioned requirements.
Accountant
Art instructor
Attorney
Child care home
Dressmaking
Home crafted products
Insurance agent
Ironing
Music Teacher
Notary Public
Photographer
Sewing
Tailoring
Tax consultant
Tutoring
(h) Home occupations shall occupy no more than 25% of the livable area which is a heated, finished area.
(Ord. 2015-10. Passed 9-8-15.)
1153.12 DRAINAGE SYSTEM REQUIREMENTS.
(a) Requirements Generally. All property being developed except single family residential within the City, shall now be required to comply with the following requirements:
(1) The developer, person, contractor or company which is developing said property shall submit to the City Manager, when making application for a zoning permit, a plan prepared by a licensed engineer in the State of Ohio showing the design of a storm water drainage system with a maintenance plan and responsibilities to provide for the adequate movement and disposal of subsurface and surface water.
(2) All design aspects and criteria for hydrology and hydraulics shall be governed by the latest edition of "Standard Drainage Criteria Manual" for Trumbull County, Ohio, except as may be modified herein. All construction and materials specified for manholes, inlets, catch basins, pipes, ditch, head linings, headwalls, culverts and bridges shall be governed by the appropriate sections of the latest edition of the State of Ohio, Department of Transportation, "Construction and Materials Specification:, except that no new open drainage ditches shall be permitted, without the approval of the City Engineer, City Manager and Planning Commission.
(Ord. 2017-09. Passed 6-6-17.)
(3) The City Manager, prior to issuing the certificate of zoning compliance, shall refer the drainage plan submitted to the City Engineer for approval.
(4) The fee for drainage plan review shall be $125.00 if the lot is less than one and one half acres and an additional $75.00 for each additional one half acre.
(5) The drainage plan shall provide that all sump pump and roof drain connections shall not outlet on the ground or through the curb but shall be connected to the pipe system, either directly or through the use of a collection system. No storm drainage, including foundation drains, shall be permitted to discharge into sanitary sewers.
(6) The drainage plan shall each case be designed to provide a facility large enough to accommodate potential run-off from its entire upstream drainage area, whether inside or outside the property being developed. The plan will also study the effect of each on existing downstream drainage facilities outside the area of construction. Where it is anticipated that the additional run-off incident to the development of the property will overload an existing downstream drainage facility, approval may be withheld until the provision has been made for the improvement of such potential condition. When a proposed drainage system will carry across private land outside of the proposed development, appropriate drainage rights must be secured and recorded.
(7) The plan approved by the City Engineer with any additions, corrections or deletions made by him shall be considered the approved plan. Any Developer who disagrees with the determination of the City Engineer may file an appeal with the Planning and Zoning Commission upon payment of an appeal fee in the amount of $200.00. The Planning and Zoning Commission will hold a public hearing following normal appeal procedures and shall make a determination which shall be final.
(8) The approved plan shall become a condition of zoning compliance and the facilities contained in the plan shall be constructed prior to the property being occupied.
(b) Single Family Residential Requirements. All single family residential property being developed within the City shall now be required to comply with the following requirements:
(1) Drainage from sump pumps, roof drain connections and foundation drains shall not outlet onto the ground or through the curb into the street, but shall be connected to the storm water collection system. No storm drainage of any type shall be permitted to be discharged into sanitary sewers or combination sewers.
(2) Where an adequate storm water collections system is not available, drainage from sump pumps, roof drain connections and foundation drains shall be detained to leach beds with at least one half cubic yard of washed gravel per downspout and one cubic yard per sump pump. Such leach bed shall be located at least ten (10) feet from any lot line.
(3) This section does not apply to additions, either attached or unattached, to any existing single family dwelling.
1153.13 GAME COURTS, SWIMMING POOLS AND SATELLITE DISHES.
Game courts, swimming pools, and satellite dishes are allowed as accessory uses in residential districts in conjunction with one-family dwellings, one-family mobile homes, and two- family dwellings subject to the provisions of this chapter.
(a) Game Courts.
(1) Game Courts shall be located in the rear yards.
(2) Game Courts shall be set back not less than five feet from any lot line.
(3) Setback requirements for game courts on corner lots shall be the same as those for accessory buildings.
(4) Game Courts shall not occupy more than 65 percent of the rear yard.
(5) Lighting for game courts shall have proper shielding from glare.
(b) Swimming Pools.
(1) This section shall apply to all swimming pools, including but not limited to family pools, commercial advertisement or display pools, and all pools which have a depth of water in excess of 18 inches. The intent of this section is that it shall apply to all such swimming pools to small ornamental ponds, but not to large lakes or natural watercourses. This section shall not apply to indoor pools or small portable swimming pools provided they are emptied when not in use.
(2) A building permit shall be required for the construction of any swimming pool within the City.
(3) Swimming pools shall be located in the rear yard.
(4) Swimming pools shall be set back not less than 5 feet.
(5) Setback requirements for swimming pools shall be the same as those for accessory buildings.
(6) Swimming pools shall not occupy more than 50 percent of the rear yard.
(7) Lighting for swimming pools shall have proper shielding from glare.
(8) Every outdoor swimming pool, including those pools erected for sales and advertising purposes, or family pools shall be completely surrounded by a fence or a wall. The top of the fence or wall shall not be less than 4 feet above the ground and shall be sufficiently substantial so as to exclude small children. A dwelling house or accessory building may be used as part of such enclosure.
(9) All access through such enclosures shall be equipped with self-latching devices for keeping the doors or gates securely closed at all times, and such access shall be kept securely locked except when the pool and its surrounding facilities are occupied or being used.
(10) For the purpose of this section, the structural wall of an above ground pool can satisfy the fence or wall requirements as long as an additional fence placed atop of the pool wall shall measure no less than 5 feet at any point in the pools circumference from the ground.
(c) Satellite Dishes, Solar Panels and Similar Devices.
(1) Shall be located in the rear yard of the residential or commercial type structure where the satellite dish is located.
(2) Shall be set back not less than 5 feet from side or rear property lines.
1153.14 FENCES.
(a) Residential Districts (R-1, R-2, RM, & RMHP).
(1) In any side or rear yard, any fence and/or free-standing wall may not exceed six feet (6’) in height at any location.
(2) In any front yard, any fence and/or free-standing wall may not exceed four feet (4’) in height at any location, shall be at least 75% open to light and air, and shall be constructed so as not to obstruct a driver’s visibility in entering or exiting a neighboring property’s driveway.
(3) Any fence shall be constructed of standard, sturdy, high-quality, fencing materials and may not utilize chicken wire, snow fencing material or barbed wire.
(4) No fence and/or free-standing wall may be constructed closer than three feet (3’) from any principal structure on an adjoining lot.
(5) Anytime that fence and/or free-standing wall is constructed upon or within three feet (3’) or less of a side or rear property line, the finished side of the fence or wall shall be installed facing out toward the neighboring property. The finished side of a chain link fence shall be considered the side upon which the fencing fabric is situated.
(b) Commercial, or Industrial Districts.
(1) In any commercial district, fences and/or free-standing walls are not permitted in any front or side yard and fences and/or free-standing walls in a rear yard may not exceed eight feet (8’) in height at any location.
(2) In any commercial district, the use of barbed wire is prohibited.
(3) In any service district, fences or free-standing walls in any yard may not exceed eight feet (8’) in height.
(4) In any industrial district, fences or free-standing walls may not exceed ten feet (10’) in height at any location and barbed wire may be used in the construction of any fence or wall provided only that it is properly maintained and is situated at least eight (8), but not more than ten (10) feet, above the finished grade.
(5) The installation of any fence or free-standing wall in a commercial or industrial district that is adjacent to a residential district or use shall require the planting & maintenance in perpetuity of a landscaped screen or buffer.
1153.15 WIRELESS TELECOMMUNICATIONS FACILITY.
Wireless telecommunications facilities are permitted under varying conditions dependent upon their form and the zoning district in which they are to be located. The following sections spell out these conditions.
(a) General. The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for nonresidential districts as set forth in subsections (b) and (c) hereof.
(1) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(2) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually.
(3) The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate.
A. An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.
(4) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(5) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within five miles of the proposed facility. The applicant shall inquire about potential collocation opportunities at the technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s) shall be presented to the Zoning Administrator as a means of demonstrating the need for a new tower.
(6) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district shall be subject to review by the Zoning Administrator.
(7) The tower shall be painted non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA).
(8) No advertising is permitted anywhere on the facility.
(9) All providers utilizing towers shall present a report to the Zoning Administrator notifying him of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility’s owner/operator will receive written notice from the Zoning Administrator and instructed to either reactivate the facility’s use within 180 days, or dismantle and remove the facility. If reactivating or dismantling does not occur, the municipality will remove or will contract to have the facility removed and assess the owner/operator the costs.
(10) No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.
(11) “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.
(12) Applicants will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
(13) A Conditional Use Permit must be approved by the City Planning Commission and City Council with a subsequent Building Permit issued by the County Building Department for construction of new towers in non- industrial districts. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, towers located in industrial districts, or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the conditional use permitting process.
(14) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission and Zoning Administrator.
(15) Underground equipment shelters are encouraged, especially in non- industrial districts, and may be requested by the Planning Commission.
(b) Non residential Districts. Wireless telecommunications facilities proposed for the following zoning districts, I-1, C, C-1, are subject to the following conditions:
(1) Sole use on a lot: A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
A. Minimum lot size- (see subsection (b)(2)C.) add one foot of frontage and one foot of depth each foot of tower height.
B. Minimum yard requirements-
1. Tower: the minimum distance to any single-family or two- family residential use or district shall be 300 feet
2. Equipment Shelter: to be the minimum setbacks/yard requirements for the district.
C. Maximum Height-
1. Tower: 200 feet (includes antenna)
2. Equipment Shelter: to be maximum building height for the district
D. Maximum size of equipment shelter- 300 square feet for a single shelter, or, if there is more than one, 750 total square feet.
(2) Combined with another use: A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:
A. The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a nonconforming use.
B. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
C. Minimum lot area- The minimum lot area shall be the area needed to accommodate the tower) and guy wires, if used), the equipment shelter, security fencing and buffer planting.
D. Minimum yard requirements-
1. Tower: The minimum distance to any single-family or two- family residential use or district lot line shall be 300 feet.
2. Equipment shelter: Shall comply with the minimum setback requirements for the primary lot.
E. Access- The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
F. Maximum size of equipment shelter-
1. Tower: 200 feet (includes antenna)
2. Equipment Shelter: (to be maximum building height for the district).
G. Maximum size of equipment shelter-
300 square feet for a single shelter, or, if there is more than one, 750 square feet.
(3) Combined with an existing structure: Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
A. Maximum height-
20 feet or 20% of the building height above the existing building or structure, whichever is greater.
B. If the applicant proposes to locater the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
1. The minimum setback requirements for the subject zoning district.
2. A buffer yard may be planted in accordance with section 1D.
3. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principle use.
4. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(c) Residential Districts: Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts with the exception of placement on any property with an institutional use (e.g. church, park, library, municipal/government, hospital, school, utility) located in either of these two districts. However, receiving antennas attached to existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a residential district subject to the following conditions:
(1) General: The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This shall apply to subsections (c)(2), (3), (4) and (5) below.
(2) Combined with a nonresidential use: An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met;
A. Maximum height, 20 feet above the existing building or structure
B. If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:
1. The shelter shall comply with the minimum setback requirements for the subject zoning district.
2. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
3. A buffer yard shall be planted in accordance with section 1D.
4. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) Located on a nonresidential-use property: A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:
A. The tower shall be set back from any property line abutting a single- family or two-family residential lot by 300 feet.
B. Maximum height-
Tower: 200 feet (includes antenna)
Equipment shelter: (to be the maximum building height for the district)
C. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
D. Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along he circulation driveways of the existing use.
E. In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least 2.5 acres.
(4) Located on a residential building: An antenna for a wireless telecommunications facility may not be attached to a mid-rise or high-rise apartment building.
(5) Located in open space: A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
A. The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization or a private, non-profit conservation organization.
B. Maximum height-
Tower: 200 feet (includes antenna)
Equipment shelter: (to be the maximum building height for the district).
C. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
D. The tower shall be set back from any single-family or two-family property line of 300 feet.
(d) Criteria for a Conditional Use. Use T-1: Wireless Telecommunications Facility:
(1) A wireless telecommunications facility which includes a tower may be permitted as a conditional use in a multi-family residential, institutional or commercial district, or located on an institutionally-used property in any residential district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:
A. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
B. The applicant shall demonstrate than the telecommunications tower must be located where it is proposed in order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site is technically necessary.
C. Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
D. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within five miles of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days.
(2) The applicant’s letter as well as response(s) shall be presented the Planning Commission means of demonstrating the need for a new tower.
1153.16 LIGHTING STANDARDS.
(a) Intent. The intent of this section is to focus on the actual physical effects of lighting and its potential impact on the surrounding neighborhood. Exterior lighting shall be evaluated in the site plan review process to ensure that the functional and security needs of the project are addressed in a way that does not adversely affect adjacent properties and or the neighborhood. The degree to which exterior night lighting affects a property owner or a neighborhood will be considering the light source, level of illumination and hours of illumination.
(b) Design Standards. All exterior lighting shall meet the following design standards:
(1) The location together with the cutoff angle and fixture type shall conceal the light sources so that they cannot be viewed from the adjacent property. Planning Commission may require shields to be installed.
(2) In no case shall lighting cause glare or unnecessary diffusion that impairs the safe movement of traffic on adjacent streets or highways.
(3) Light fixtures shall be located so that the light sources are directed into parking areas.
(4) No light sources shall be located on building facades directed outward toward property boundaries except that architectural, landscape and decorative lighting is permitted provided that the light emissions are limited to the building facade or other illuminated object.
(5) All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor devices, or turned off during non-operating hours.
(6) No flickering or flashing lights shall be permitted, except for temporary holiday decorations.
(c) Lighting Levels. With the exception of lighting for public streets, all other project lighting used to illuminate buildings; parking lots, walkways or the landscape shall comply with the following maximum lighting levels:
Area/Activity | Maximum Foot-candle |
Property Line | 0.5 |
Parking Areas | 10.0 |
Area/Activity | Maximum Foot-candle |
Under Gas Canopy | 30.0 |
* If adjacent to a residential district, the lighting level shall be 0.0.
(d) Additional Regulations for Uses Adjacent to Residential Properties.
(1) A light with no protective shield shall be no higher than 6 feet and shall have a maximum illumination, measured at the lot line at ground level of 0.2 foot-candles.
(2) A light with a protective shield, which ensures that the light will not shine directly above a line parallel to the ground extended from the point of the light source nearest the ground, shall be no higher than 15 feet with a maximum illumination, measured at the lot line at ground level, of 0.3 foot- candles.
(3) All residential development consisting of 5 or more lots or units and all nonresidential development shall submit for approval a proposed exterior lighting plan that meets the functional security needs of the proposed land use without adversely affecting adjacent properties or the community.
(4) All residential development consisting of less than 5 lots or units shall comply with the standards set forth in this section, but shall not be required to submit a proposed exterior lighting plan for approval.
(e) Application. These standards shall be applicable to all properties within the City and any new lighting to be erected. These standards shall also be applicable to any existing lighting upon the transfer of the ownership of the property or upon replacement of any current lighting. (Ord. 2008-09. Passed 4-21-08.)