The zoning districts established in section 1123.02 are bounded and defined by the map entitled "Official zoning district map" which together with all explanatory matter thereon are hereby adopted as part of this Zoning Code.

(a)

The official zoning district map shall be located in the office of the zoning inspector, and signed by the mayor, attested by the clerk of council, and bear the seal of the village.

(b)

No amendment to this Zoning Code which involves matter portrayed on the official district map shall become effective until after the change and entry has been made on the map.

(c)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this Zoning Code.

(d)

Regardless of the existence of purported copies of the official district map which may from time to time be made or published, the official district map shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures.

(e)

In the event the official district map becomes damaged, destroyed, or lost, the village council may, by resolution, adopt a new official district map which shall supersede the prior official district map. The new official district map may correct drafting or other errors or omissions in the prior official district map, but no corrections shall have the effect of amending the original Zoning Code or subsequent amendments thereof.

The Village of North Baltimore is divided into the following zoning districts.

(a)

Residential.

(1)

R-1: Low Density Residential.

(2)

R-2: Medium Density Residential.

(3)

R-3: Multiple Residence District.

(4)

RMH: Manufactured Home Park District.

(b)

Business.

(1)

B-1: Neighborhood Business District

(2)

B-2: General Business District.

(3)

B-3: Central Business District.

(c)

Industrial.

(1)

M-1: Restricted Industrial District.

(2)

M-2: General Industrial District.

(d)

Special.

(1)

S-1. Special District.

(2)

PUD: Planned Unit Development.

(a)

A principally permitted use is a use for which the district is reserved. Creation of or transition to such a use in a district for which it is principally permitted requires that a zoning certificate be obtained. Chapter 1125 lists principally permitted uses for each individual district. For information regarding zoning certificates, see section 1107.02.

(b)

A conditionally permitted use is a conforming use within a district, other than a principally permitted use. The board of zoning appeals must determine the compatibility of the proposal with the adjacent uses. The conditionally permitted uses are listed in chapter 1125. For information regarding conditional use permits, see section 1109.03.

(a)

The district boundary lines on the district map are intended to follow either center lines of streets or alleys or lot lines. Where the districts designated on the map or bounded approximately by the street, alley, or lot lines, the street, alley, or lot shall be construed to be the boundary of the district, unless the boundary is otherwise indicated on the map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the zoning district map or by dimensions.

(b)

Where the boundary of a district follows a railroad line, the boundary shall be deemed to be located midway between the main tracks of the railroad line.

No building shall be erected, converted, enlarged, constructed, or structurally altered to exceed the maximum height; accommodate a prohibited use; house a greater number of families; occupy a greater percentage of lot area; have narrower or smaller front, side or rear yards than are specified herein for the district within which the building is located; or in any other manner contrary to the provisions of this Zoning Code.

(a)

No more than one principal building shall be permitted on any one zoning lot with the exception of multi-family dwelling in the appropriate districts and developments within the PUD District.

(b)

An accessory building or garage, unless attached to and made structurally a part of the main building, shall not be located closer than five feet from the main building, and shall be located ten feet from any alley if entry to the building is directly from the alley. No accessory building or garage shall be located in any required yard except as provided.

(c)

No principal building shall be erected on a lot which does not abut on at least one street.

(d)

When more than one building, including both main and accessory buildings, is located on one zoning lot, the buildings shall be considered as one building for the purpose of determining front, side and rear yard requirements, except as provided in this Zoning Code.

(e)

A shed or similar storage area with an area of more than 150 square feet may be located no closer than five feet to any side or rear yard unless the structure is of a temporary nature not having a permanent foundation in which case it may be located two feet from any side or rear lot line. In no case shall any shed or similar storage area be located closer than two feet to any property line. A temporary shed(s) may be placed on a undeveloped lot(s) for the storage of lawn maintenance equipment prior to site development. Temporary sheds are defined as sheds of a movable nature, placed on existing surfaces or a aggregate bedding.

(a)

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smoke stacks, conveyors, and flagpoles, except where the height of these structures will constitute a hazard to the soft landing and take-off of aircraft at an established airport.

(b)

Public, semi-public, or public service buildings, hospitals, institutions, or schools, where permitted, may be erected to a height not exceeding 60 feet and worship centers may be erected to a height not exceeding 75 feet, except when the required side and rear yards are increased by one foot for each foot of additional building height above the maximum permitted by this Zoning Code for the district in which the building is located.

(a)

Unenclosed and uncovered steps, stoops, terraces, decks, and porches may extend into any minimum front or rear yards not more than five feet. Unenclosed and uncovered steps, stoops, terraces, decks, and porches shall not extend into the minimum side yard more than three feet. Covered or enclosed steps, stoops, terraces, decks, and porches shall meet all yard requirements.

(b)

A bay window, bow window, entrance, vestibule or balcony ten feet or less in width may project not more than three feet into any minimum front, side, or rear yard.

(c)

Cornices, eaves, ornamental features and chimneys may project not more than three feet over any required yard.

(a)

In general. In all districts, fences, walls, and hedges may be constructed in any side, rear, or front yard in accordance with the following regulations.

(1)

No fence or wall shall be constructed, altered, or extended without first obtaining a zoning certificate in accordance with this Zoning Code.

(2)

Fences and walls shall be constructed in accordance with good engineering practice and shall be maintained in good condition.

(3)

Fences and walls shall contain no advertising.

(b)

Residential districts. Fences, walls, and hedges constructed in residential areas shall be limited in height to six feet. Except between the street right-of-way line and building setback line, any fence, wall, or hedge shall be limited to three feet in height, except that a chain link or other open fence up to four feet in height may be constructed provided the fence does not obstruct vision as provided in section 1125.12. Fences and walls may be constructed of combustible materials. Fences, walls, and hedges must be set back a minimum of six inches from any property line, unless a written agreement is signed by the neighboring property owner. The agreement must be filed with the application for a zoning certificate.

(c)

Business districts. Fences, walls, and hedges constructed in business areas shall be limited in height to six feet and shall not extend between the building setback line and the street right-of-way line except where contiguous lands are zoned for residential use, in which case the height shall not exceed four feet in the setback area. Fences shall be constructed of noncombustible materials unless the fence is constructed at a property line adjoining residential districts.

(d)

Industrial districts. Fences, walls, and hedges constructed in industrial areas shall be limited in height to ten feet. The fences may contain barbed wire, provided that barbs shall be located no less than seven feet above the ground or supporting area and shall not project over adjoining property or right-of-way lines. All fences shall be constructed of noncombustible materials unless the fence is constructed at a property line adjoining residential districts.

(a)

Certificate required. No private swimming pool, pond or hot tub may be constructed or enlarged without obtaining a zoning certificate in accordance with this Zoning Code. No certificate shall be required for an above ground swimming pool or hot tub that measures less than 48 inches high from grade.

(b)

General requirements. No private swimming pool, pond or hot tub shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements.

(1)

The pool, pond or hot tub is intended and is to be used solely for the enjoyment of the occupants and the guests of the occupants of the property on which it is located or for fire fighting purposes.

(2)

The pool, pond or hot tub shall be located in the side (as long as it sits behind the front setback line of the house) or rear yard and may not be closer than ten feet to all property lines and three feet or more from any other structure on the same lot.

(3)

No pool, pond or hot tub shall be located within any utility easement.

(4)

No pool, pond or hot tub shall be located directly under or within ten feet away from any electrical power line.

(5)

All outdoor, above ground swimming pools or hot tubs, 48 inches or higher above grade, must be equipped with a ladder that can be removed to prevent access to the pool or in the case of a hot tub, a substantial cover which can be secured when the hot tub is not in use; or, if the above ground pool or hot tub is equipped with a permanent ladder, steps or ramp allowing access, the ladder, steps or ramp must have a lockable barrier at least 48 inches high, designed to prevent access when the pool or hot tub is not in use. Outdoor, in ground pools or ponds that have a depth of 48 inches or more, must be enclosed by a fence at least 48 inches high from grade, or the yard in which the in ground pool or pond is located must be enclosed by a fence at least 48 inches high from grade. Non-wire fences must have boards, or slats spaced not more than two inches apart or have any openings wider than two inches covered with wire mesh. Wire or metal fences must have opening not larger than two inches in diameter. Fences enclosing an in ground pool or pond must be equipped with self-closing, lockable access gates designed to prevent access to the pool when it is not in use.

(6)

All pool lighting must be directed at the pool.

(7)

A zoning application must be submitted to the village before constructing an in ground pool or an above ground pool that is 48 inches or more above grade. The application must be accompanied by a drawing showing the property lot lines, any existing structures, and the location of the proposed pool. Drawings must be to scale and have dimensions on the plan.

(8)

A copy of the property owner's insurance policy, showing proof of liability coverage on the swimming pool as it currently exists, must be submitted to the village office before any pool permit will be issued.

(Ord. No. 2015-31, 7-7-15)

(a)

Certificate required. No community or club swimming pool may be constructed or enlarged without obtaining a zoning certificate in accordance with this Zoning Code.

(b)

General requirements. Community or club swimming pools where permitted shall comply with the following conditions and requirements.

(1)

The pool is intended solely for the enjoyment of members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

(2)

The pool and accessory structures thereto, including the areas used by bathers, shall not be closer than 25 feet to any side or rear property line.

(3)

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 not be less than six feet in height and maintained in good condition.

(a)

Temporary buildings for purposes incidental to construction work shall be permitted in any district during the period that the construction work is in progress, but the temporary buildings shall be removed upon completion of the construction work or after six months of inactivity on the construction process.

(b)

Temporary buildings may be permitted in conjunction with a temporary activity such as carnivals, bazaars, and the like which may be conducted for no more than seven days. The temporary buildings shall be removed within 48 hours after the completion of the activity.

Condominium development, as authorized under Ohio R.C. Chapter 5311, shall be permitted in the R-3 and PUD Districts and shall be subject to the district regulations within which the property is located. Condominiums shall be subject to the review by the planning commission of the site plan, the common areas, the by-laws of the unit owners association, and other information which the commission finds necessary to judge the appropriateness of the proposed condominium development.

(a)

General. Every building shall have a front, side, and rear yard unless otherwise specifically stated in this Zoning Code. The areas of such yards shall be as specified for the district within which the building is located. No yard or other open space provided for any building for the purpose of complying with the provisions of this Zoning Code shall be considered as a yard or open space for any other building, and no yard or other open space of a building on a zoning lot shall be considered as a yard or open space for a building on any other zoning lot.

(b)

Front yards.

(1)

When 50 percent or more of the frontage on one side of the street between two intersecting streets in a residential area is improved with buildings that have front yards of greater or less depth than the required front yard in the district no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located.

(2)

Service station pump islands may be located within a required yard, provided they are not less than 15 feet from any street right-of-way line and not less than 25 feet from the boundary of any residential district. Pump island canopies may be located within a required yard provided they are no closer than ten feet to any property line and at least 14 feet in height.

(3)

In the B-3 District, canopy structures shall be permitted to overhang the street right-of-way not more than 60 percent of the distance between the street right-of-way line and the curb line and must have a minimum vertical height of nine feet above sidewalk grade.

Parking or storage of trailers of any kind or type in any district for 48 hours or longer shall be prohibited, except as provided in this Zoning Code and except for utility, boat, and vacation trailers not exceeding 40 feet in length. However, trailers may be stored in an enclosed garage or other accessory building, provided that in all cases no living quarters or any business activities shall be maintained or conducted while the trailer is parked or stored.

(a)

Residential properties shall provide appropriate trash containers in sufficient size and quantity to support weekly disposal. Commercial dumpsters shall only be used on residential properties during periods of maintenance and/or construction activities, such as, but not limited to, periods when active zoning permits have been issued or interior/exterior maintenance or renovation activities are ongoing.

(b)

All commercial, industrial, and multi-family residential uses shall provide trash or garbage areas enclosed on at least three sides by a solid wall or fence of at least four feet in height and at least two feet from a side or rear lot line. Said areas shall hold the appropriate covered container(s) necessary to support the intended use for the site.

On a corner lot in any 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 one-half and ten feet above the street grade and 20 feet in either direction from the intersection of the lot lines at the corner.

(a)

The following uses or structures are considered incidental to the proper use and function of all activities and are allowed in any district.

(1)

Accessory building or use.

(2)

Essential services.

(3)

Public service facility.

(b)

Not included are utility functional administrative offices.

(a)

Purpose. This district has been established to provide for public and semipublic uses and for other natural resource oriented uses compatible with the surrounding area.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted in the S-1 District. Information regarding required zoning certificates can be found in chapter 1107 et seq. Residential uses in this district shall meet the requirements of the R-1 District.

(1)

Agriculture.

(2)

Educational institutions.

(3)

Plant cultivation.

(4)

Public uses.

(5)

Recreational facilities, nonrestricted.

(6)

Semipublic uses.

(c)

Conditionally permitted uses. The following list exemplifies the uses that may be conditionally permitted in the S-1 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Airport.

(2)

Cemeteries.

(3)

Sand gravel extraction or oil and gas wells, provided that, in addition to the generally applicable requirements, the facilities can meet or exceed the following requirements.

A.

The performance requirements of chapter 1135 shall be met.

B.

Mineral extraction, storage, or processing shall not be conducted closer than 500 feet from any R district; nor closer than 200 feet from any structure used for human occupancy in any other district.

C.

Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed.

D.

The operator shall file with the zoning inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads, and natural features.

E.

The operator shall submit information on the anticipated depth of excavations and on depth and probable effect on the existing water table.

F.

The operator shall file with the board a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than ten feet, the type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.

G.

The operator shall file with the council a bond, payable to the village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate per acre of property to be mined of the required bond shall be as fixed by ordinance of the council. The bond shall be released upon written certification of the zoning inspector that the restoration is complete and in compliance with the restoration plan.

(d)

Lot requirements.

(1)

Minimum lot area, to be determined by lot, building, yards and other requirements.

(2)

Minimum lot width, none.

(e)

Yard requirements.

(1)

Minimum front yard, 40 feet.

(2)

Minimum comer side yard, 40 feet.

(3)

Minimum side yard, 30 feet.

(4)

Minimum rear yard, 30 feet.

(f)

Building requirements.

(1)

Maximum height, four stories, 45 feet.

(2)

Maximum percentage of lot to be occupied, 30 percent.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(5)

Swimming pools, governed by section 1125.05 et seq.

(a)

Purpose. This district is established for low-density residential uses compatible with existing development in areas so defined. This category establishes the lowest density district in the village.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted in the R-1 District. Information regarding required zoning certificates can be found in chapter 1107 et seq.

(1)

Single-family dwellings.

(c)

Conditionally permitted uses. The following list exemplifies the uses that may be conditionally permitted in the R-1 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Cemeteries.

(2)

Educational institutions.

(3)

Home occupations.

(4)

Plant cultivation.

(5)

Public uses.

(6)

Semipublic uses.

(7)

Worship centers.

(d)

Lot requirements for lots not served by village sanitary sewers.

(1)

Minimum lot area, 20,000 square feet or health regulation, whichever is greater.

(2)

Minimum lot width, 120 feet.

(e)

Lot requirements for lots served by village sanitary sewers.

(1)

Minimum lot area, 8,750 square feet.

(2)

Minimum lot width, 70 feet.

(3)

Corner lot, minimum lot width, 80 feet

(f)

Yard requirements.

(1)

Minimum front yard, 30 feet.

(2)

Minimum corner side yard, 20 feet.

(3)

Minimum side yard, each lot shall have two side yards totaling at least 15 feet in width. The minimum width of either side yard shall be at least five feet.

(4)

Minimum rear yard, 20 feet or 15 percent of the lot depth, whichever is less.

(g)

Building requirements.

(1)

Maximum height, two and one-half stories, but not over 35 feet, for the main building. For accessory building the limit shall be 15 feet.

(2)

Minimum residential floor area, 1,000 square feet.

(3)

Maximum area of accessory buildings, 15 percent of the lot area or 1,400 square feet, whichever is less.

(4)

Maximum percentage of lot to be occupied, 35 percent.

(h)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(5)

Swimming pools, governed by section 1125.05 et seq.

(Ord. No. 10-03, 3-16-10; Ord. No. 2015-61, 9-17-15)

(a)

Purpose. This district has been established to permit higher density single-family dwellings, and two-family dwellings. This district shall be serviced by village sanitary sewers and village water supply systems.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted in the R-2 District. Information regarding required zoning certificates can be found in chapter 1107 et seq.

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(c)

Conditionally permitted uses. The following list exemplifies the uses that may be conditionally permitted in the R-2 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Cemeteries.

(2)

Educational institutions.

(3)

Home occupations.

(4)

Plant cultivation.

(5)

Professional activities.

(6)

Public uses.

(7)

Semipublic uses.

(8)

Worship centers.

(d)

Lot requirements.

(1)

Minimum lot area, 8,750 square feet for single-family dwellings and 10,250 square feet for two-family dwellings.

(2)

Minimum lot width 70 feet for single-family dwellings and 90 feet for two-family dwellings.

(3)

Corner lot, minimum lot width, 80 feet for single-family dwellings and 100 feet for two-family dwellings.

(e)

Yard requirements.

(1)

Minimum front yard, 30 feet.

(2)

Minimum corner side yard, 20 feet.

(3)

Minimum side yard, each lot shall have two side yards totaling at least ten feet in width for single-family and 12 feet for two-family. The minimum width of either side yard shall be at least five feet.

(4)

Minimum rear yard, 20 feet, or 15 percent of the lot depth, whichever is less.

(f)

Building requirements.

(1)

Maximum height. two and one-half stories, but not over 35 feet for the main building. For accessory buildings, the limit shall be 15 ft.

(2)

Minimum residential floor area family, 1,000 square feet for single-family and 800 square feet for two-family.

(3)

Maximum area of accessory buildings, 15 percent of lot area or 1,400 square feet whichever is less.

(4)

Maximum percentage lot to be occupied, 35 percent for single-family dwellings and 45 percent for two-family dwellings.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(5)

Swimming pools, governed by sections 1125.05 et seq.

(Ord. No. 10-03, 8-16-10; Ord. No. 2015-62, 9-17-15)

(a)

Purpose. This district has been established to facilitate single-family, two-family, and the proper location of apartments, row houses, and other housing types of comparable density.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted in the R-3 District. Information regarding required zoning certificates can be found in chapter 1107 et seq.

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Condominiums, see section 1125.09.

(c)

Conditionally permitted uses. The following list exemplifies the uses that are conditionally permitted in the R-3 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Boarding house and rooming house.

(2)

Clinics.

(3)

Clubs and lodges.

(4)

Educational institutions.

(5)

Home occupations.

(6)

Mortuaries.

(7)

Nursery schools, child care clinics, and day care centers.

(8)

Nursing homes, rest homes, convalescent homes, and homes for the aged.

(9)

Personal services.

(10)

Plant cultivation.

(11)

Professional activities.

(12)

Public uses.

(13)

Semipublic uses.

(14)

Worship centers.

(d)

Lot requirements.

(1)

Minimum lot area, for three through eight dwelling units, there shall be 3,000 square feet per unit. For nine and up, there shall be 2,500 square feet per dwelling unit. Single and two-family dwelling units shall follow 1127.03 and 1123.04 respectively.

(2)

Minimum lot width, 60 feet for access drive(s), 140 feet for front footage. Single and two-family dwelling units shall follow 1127.03 and 1127.04 respectively.

(e)

Yard requirements.

(1)

Minimum front yard, 30 feet.

(2)

All other yard set backs shall be 30 feet. Except that single and two-family dwelling units shall meet requirements of 1127.03 and 1127.04 respectively.

(3)

Distance between buildings. Where two or more multiple-family dwellings are located on a single lot or parcel, the minimum distance between main buildings shall be 25 feet. (Also see section 1127.06(g)(2)).

(f)

Building requirements.

(1)

Maximum height. For the main building there is no height limitation except that any building over 35 feet, each of the requirements specified in this subsection hereof shall be increased by one foot for each three feet by which the height of the building exceeds 35 feet. For accessory buildings the maximum height shall be 15 feet.

(2)

Minimum residential floor area per family. The minimum floor area for dwelling units in this district shall conform to the following standards: Multiple-family dwellings shall conform to the following standards: 400 square feet for a no-bedroom unit; 500 square feet for a one-bedroom unit; and 700 square feet for a two- or more bedroom unit.

(3)

Maximum area of accessory buildings, 1,400 square feet and maximum percentage of lot to be occupied, 45 percent.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135 and OBBC.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(5)

Swimming pools, governed by sections 1125.05 et seq.

(Ord. No. 10-03, 3-16-10; Ord. No. 2015-63, 9-17-15)

(a)

Purpose. This district has been established to permit the location of retail and service establishments in close proximity to residential districts where appropriate and compatible.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted within the B-1 District. Information regarding the required zoning certificates can be found in chapter 1107 et seq.

(1)

Banks and financial institutions.

(2)

Business services.

(3)

Clinics.

(4)

Clubs and lodges.

(5)

Commercial, business, or technical schools.

(6)

Convenience businesses.

(7)

Drive-through commercial uses.

(8)

Educational institutions.

(9)

Laundromats.

(10)

Nurseries and plant materials.

(11)

Parking facilities, public garages, and commercial storage.

(12)

Personal services.

(13)

Professional activities.

(14)

Semipublic uses.

(15)

Worship centers.

(16)

Other commercial uses of a similar nature to those listed.

(c)

Conditionally permitted uses. The following list exemplifies the uses that may be conditionally permitted in the B-1 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Mortuaries.

(2)

Kennels.

(3)

Adult entertainment facility.

(d)

Lot requirements.

(1)

Minimum lot area, to be determined by lot, building, yards, and other requirements.

(2)

Minimum lot width, none.

(e)

Yard requirements.

(1)

Minimum front yard, 30 feet.

(2)

Minimum corner side yard, 30 feet.

(3)

Minimum side yard, none required except for side yards adjoining residential districts which shall require ten feet. This requirement shall be increased by one-half foot for each foot the structure exceeds 25 feet in height.

(4)

Minimum rear yard 20 feet.

(f)

Building requirements.

(1)

Maximum height, two and one-half stories, but not to exceed 35 feet for the main building. For accessory buildings, the limit shall be 15 feet.

(2)

Maximum floor area ratio, 0.75 for the building in which the activity is housed.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135 and OBBC.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(a)

Purpose. This district has been established to accommodate commercial uses requiring locations on major thoroughfares.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted in the B-2 District. Information regarding required zoning certificates can be found in chapter 1107 et seq.

(1)

Automobile car washes.

(2)

Automobile sales.

(3)

Automotive repair garages.

(4)

Banks and financial institutions.

(5)

Business, wholesale.

(6)

Clinics.

(7)

Clubs and lodges.

(8)

Commercial, business, or technical schools.

(9)

Commercial entertainment facilities.

(10)

Drive-in or drive-through commercial uses.

(11)

Educational institutions.

(12)

General businesses.

(13)

Hotels or motels.

(14)

Kennels.

(15)

Laundromats.

(16)

Nurseries or plant materials.

(17)

Parking facilities, public garages, and commercial storage.

(18)

Printing and publishing activities.

(19)

Professional activities, personal services, and business services.

(20)

Public, semipublic, and institutional uses.

(21)

Restaurants.

(22)

Restricted recreational activities.

(23)

Veterinary animal hospitals or clinics, provided that any outside runs are more than 200 feet from the nearest residential district.

(24)

Worship centers.

(25)

Other commercial uses of a similar nature to those listed.

(c)

Conditionally permitted uses. The following list exemplifies the uses that are conditionally permitted in the B-2 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Mortuaries.

(2)

Nursing homes, day care centers, nursery schools or assisted living facilities

(3)

Service stations subject to section 1125.09(b)(2).

(4)

Supply yards.

(5)

Warehousing.

(6)

Adult entertainment facility.

(d)

Lot requirements.

(1)

Minimum lot area, to be determined by lot building, yards, and other requirements.

(2)

Minimum lot width, none.

(e)

Yard requirements.

(1)

Minimum front yard, 30 feet.

(2)

Minimum corner side yard, 30 feet.

(3)

Minimum side yard, none required except for side yards adjoining residential districts which shall require ten feet. This requirement shall be increased by one-half foot for each foot the structure exceeds 25 feet in height.

(f)

Building requirements.

(1)

Maximum height, three stories but not to exceed 45 feet for the main building. Accessory buildings shall not exceed 15 feet.

(2)

Maximum floor area ratio, 1.0 for the building in which the activity is housed.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135 and OBBC.

(3)

Signs, governed by chapter 1133.

(4)

Swimming pools, governed by section 1125.05 et seq.

(a)

Purpose. This district has been established to accommodate those commercial, financial, personal, professional, public, and semipublic activities which benefit from the central location and relatively more intensive use of the land area.

(b)

Principally permitted uses. The following list exemplifies the uses that are principally permitted in the B-3 District. Information regarding required zoning certificates can be found in chapter 1107 et seq.

(1)

Automobile sales.

(2)

Automotive repair garages.

(3)

Banks and financial institutions.

(4)

Boarding houses and rooming houses.

(5)

Business, wholesale.

(6)

Clinics.

(7)

Clubs and lodges

(8)

Commercial, business, or technical schools.

(9)

Commercial entertainment facilities.

(10)

Drive-through commercial uses.

(11)

Educational institutions.

(12)

General businesses.

(13)

Hotels and motels.

(14)

Laundromats.

(15)

Multiple-family structures and condominiums, provided that any structure also containing nonresidential uses provide a separate passageway from the building entrance and parking areas to dwelling units subject to the requirements of R-3 District for minimum residential floor areas and off-street parking.

(16)

Parking facilities, public garages, and commercial storage.

(17)

Printing and publishing activities.

(18)

Professional activities, personal services, and business services.

(19)

Public, semipublic, and institutional uses.

(20)

Restaurants.

(21)

Restricted recreational facilities.

(22)

Social activities.

(23)

Warehouses.

(24)

Worship centers.

(c)

Conditionally permitted uses. The following list exemplifies the uses that are conditionally permitted in the B-3 District. Information regarding conditional use permit can be found in chapter 1107 et seq.

(1)

Mortuaries.

(2)

Service stations subject to section 1125.09(b)(2).

(d)

Lot requirements.

(1)

Minimum lot area to be determined by lot, building, yard, and other requirements.

(2)

Minimum lot width, none.

(e)

Yard requirements.

(1)

Minimum front yard, none; however, no door shall be constructed to obstruct pedestrian traffic or project beyond the property line when opened.

(2)

Minimum side yard, none required except for side yards adjoining residential districts which shall require ten feet.

(3)

Minimum rear yard, 15 feet.

(f)

Building requirements.

(1)

Maximum height none.

(2)

Minimum floor area ratio for the building in which the activity is housed, 3.0.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135 and OBBC.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(5)

Swimming pools, governed by section 1125.05 et seq.

(6)

Canopy structures, governed by section 1125.09(b)(3).

(a)

Purpose. This district has been established to accommodate any manufacturing or industrial processing which by the nature of the materials, equipment and process utilized are to a considerable measure clean, quiet, and free of any objectionable or hazardous element.

(1)

Agriculture.

(2)

Automotive repair garages.

(3)

Businesses, wholesale.

(4)

Carting or hauling.

(5)

Contractors yards and offices.

(6)

Grain and feed dealers.

(7)

Grain elevators.

(8)

Maintenance and storage facilities.

(9)

Manufacturing or industrial processes which by the nature of the materials, equipment, and process used are clean, quiet, and free of objectionable or hazardous elements. Manufacturing activities shall include the following activities.

A.

Clothing.

B.

Drugs.

C.

Electronic components or equipment.

D.

Food processing.

E.

Jewelry.

F.

Musical instruments.

G.

Research and testing facilities.

H.

Small household appliances.

I.

Sporting goods.

(10)

Monument works and sales.

(11)

Nurseries and plant materials.

(12)

Plant cultivation.

(13)

Printing and publishing plants.

(14)

Railroad yards and terminal facilities.

(15)

Supply yards.

(16)

Trucking facilities.

(17)

Veterinary animal hospital or clinic, provided that any outside runs are more than 200 feet from a residential district.

(18)

Warehouses and wholesale warehouses.

(c)

Conditionally permitted uses. The following list exemplifies the uses conditionally permitted in the M-1 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Airports.

(2)

Oil and gas wells.

(3)

Sand and gravel excavations.

(d)

Lot requirements.

(1)

Minimum lot area, to be determined by lot, building, yards, and other requirements.

(2)

Minimum lot width, none.

(e)

Yard requirements.

(1)

Minimum front yard or corner side yard, 40 feet.

(2)

Minimum side yard, 40 feet.

(3)

Minimum rear yard, 40 feet.

(f)

Building requirements.

(1)

Maximum height. Three stories not to exceed 45 feet for the main building. Accessory buildings shall not exceed 20 feet.

(2)

Maximum percentage of lot to be occupied, 45 percent.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135 and OBBC.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

(a)

Purpose. This district has been established to accommodate manufacturing or industrial processes, which through compliance with all performance requirements, are not objectionable by reason of physical characteristics.

(b)

Principally permitted uses. The following list exemplifies the uses principally permitted in the M-2 District. Information regarding the required zoning certificate can be found in chapter 1107 et seq.

(1)

Any use permitted in the M-1 District.

(c)

Conditionally permitted uses. The following list exemplifies the uses conditionally permitted in the M-2 District. Information regarding the required conditional use permit can be found in chapter 1107 et seq.

(1)

Airports.

(2)

Automotive or metal salvage operations (junk yards), including refining or reprocessing of automobile scrap or junk.

(3)

Petroleum refineries and storage.

(4)

Any use not specifically specified in the principally permitted uses of the M-1 District.

(d)

Lot requirements.

(1)

Minimum lot area, to be determined by lot, building, yard, and other requirements.

(2)

Minimum lot width, none.

(e)

Yard requirements.

(1)

Minimum front yard or corner side yard, 40 feet.

(2)

Minimum side yard, 40 feet.

(3)

Minimum rear yard, 40 feet.

(f)

Building requirements.

(1)

Maximum height, none.

(2)

Maximum percentage of lot covered by main building, none.

(g)

Other requirements.

(1)

Parking, governed by chapter 1131.

(2)

Performance standards, governed by chapter 1135 and OBBC.

(3)

Signs, governed by chapter 1133.

(4)

Fencing, governed by section 1125.04.

The intent of the planned unit development (PUD) regulations is to permit greater flexibility and consequently, more creative and imaginative design for the development of residential areas than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural scenic qualities of open spaces.

Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this Zoning Code, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this Zoning Code.

Any use permitted in the R-3 District of this Zoning Code shall be permitted in a PUD. Nonresidential uses shall be permitted upon approval of the planning commission.

An application for approval of a PUD may be filed by a person having an interest in the property to be included in the planned unit. The PUD application shall be filed in the name or names of the recorded owner or owners of the property included in the development. However, the applications may be filed by a holder or holders of an equitable interest in the property. The applicant must show evidence of full ownership interest in the land (legal title or the execution of a binding sales agreement) before final approval of his plan. When a joint application is made for a PUD, the project must be in single ownership by the time the final development plan is approved.

(a)

Minimum project area. Minimum area for a PUD District shall be three contiguous acres. When the PUD proposes a mixture of residential uses with commercial or industrial uses, the planning commission may limit the development of not more than 12 percent of the tract to commercial uses and not more than ten percent of the tract to industrial uses.

(b)

Relation to streets. The PUD District shall be so located with respect to major streets and highways or other transportation facilities as to provide direct access to the districts without creating traffic along minor streets in residential neighborhoods outside the District.

(c)

Utilities. The PUD District shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlargement of the systems will be required by the village. However, the developer may install utility lines at his expense upon approval of the appropriate agencies.

(d)

Common open space. A minimum of 20 percent of the land developed in any PUD shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. Every property developed under the PUD should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight townhouse units in any contiguous group.

(e)

Disposition of open space. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the village and retained as common open space for parks, recreation, and related uses. All land dedicated to the village must meet the planning commission's requirements as to size, shape, and location. Public utility and similar easements and rights-of-way for watercourses and other similar channels are not acceptable for common open space dedication to the village unless the land or right-of-way is usable as a trail or similar purpose and approved by the planning commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

(f)

Minimum lot sizes.

(1)

Lot area per dwelling unit may be reduced by not more than 40 percent of the minimum lot area required in chapter 1127. A diversification of lot sizes is encouraged.

(2)

Lot width may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.

(g)

Height requirements. For each foot of building height over the maximum height regulations specified in chapter 1127, the distance between these buildings and the side and rear property line of the PUD project area shall be increased by a one-foot addition to the side and rear yard required in the districts.

(a)

When PUDs include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

(b)

The plan of the project shall provide for the integrated and harmonious design of building, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.

(c)

All areas designed for further expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the planning commission.

(a)

PUDs may include industrial uses if it can be shown that the development results in a more desirable use of land.

(b)

Industrial uses and parcels shall be developed in park like surroundings utilizing landscaping and existing woodland as buffers to screen lighting, parking area, loading areas or docks, or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of the utility services as required.

(c)

Project side yards of 40 feet and a rear yard of 50 feet shall be required if the project is located adjacent to any residential use. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained at all times.

The developer shall meet with the zoning inspector and planning commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code and the criteria and standards contained herein, and to familiarize the developer with the regulations of the village.

An application for preliminary planned unit development shall be filed with the zoning inspector by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate.

(a)

Name, address, and phone number of the applicant.

(b)

Name, address, and phone number of the registered surveyor, registered engineer or urban planner assisting in the preparation of the preliminary development plan.

(c)

Legal description of the property.

(d)

A vicinity map at a scale approved by the planning commission showing property lines, streets, existing and proposed zoning, and such other items as the planning commission may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services.

(e)

A preliminary development plan at a scale approved by the commission showing topography at two-foot intervals; location and type of residential, commercial, and industrial land uses; layout, dimensions, and names of existing and proposed streets, rights-of-way, utility easements, parks, and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the planning commission deems necessary.

(f)

Proposed schedule for the development of the site.

(g)

Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within five years. The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the village's statement of the intent of a PUD of this Zoning Code.

Within 30 days after receipt of the preliminary development plan, the planning commission shall hold a public hearing. Before holding the public hearing, notice of the hearing shall be given in a newspaper of general circulation of the village, at least 20 days before the date of the hearing. The notice shall set forth the time and place of the public hearing and a general description of the PUD.

Written notice of the hearing shall be sent to all property owners contiguous to or directly across the street from the area proposed to be included in the PUD at least 20 days before the hearing. The failure to deliver the notice, as provided in section 1129.10, shall not invalidate any such approval. The notice shall contain the same information as required of notices published in the newspaper.

The planning commission shall within 30 days after the public hearing review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Code; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration or parcels, or engineering feasibility. The planning commission may seek assistance in making its recommendation from the county or regional planning commission or any other appropriate source.

After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the planning commission. The final development plan shall be in general conformance with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team which should include a licensed architect, registered civil engineer, registered land surveyor, and registered landscape architect.

An application for approval of the final development plan shall be filed with the zoning inspector by at least one owner or lessee of property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within five years from the date of issuance of the approval. At a minimum the application shall contain the following information.

(a)

A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, and existing features of the development site including major wooded areas, structures, streets, easements, utility lines, and land uses.

(b)

All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties.

(c)

A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and landscape; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from the standard zoning districts or other ordinances governing development.

(d)

Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage. electricity, telephone, and natural gas installations, waste disposal facilities, street improvements, and nature and extent of earth work required for site preparations and development.

(e)

A site plan, showing buildings, various functional use areas, circulation, and their relationship.

(f)

Preliminary building plans, including floor plans and exterior elevations.

(g)

Landscaping plans.

(h)

Deed restrictions, protective covenants, and other legal statements or devices to be used to control use, development, and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.

Within 30 days after submission of the final development plan, the planning commission may hold a public hearing. If a second public hearing is held, notice shall be given as specified in section 1129.10.

The planning commission shall within 60 days after receipt of the final development plan recommend to the village council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The planning commission shall then transmit all papers constituting the record and the recommendation to the village council.

(a)

Before making its recommendation as required in this section, the planning commission shall find that the facts submitted with the application and presented at the public hearing establish that:

(1)

The proposed development can be initiated within five years of the date of approval.

(2)

Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that the objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.

(3)

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD.

(4)

Any proposed commercial development can be justified at the locations proposed.

(5)

Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the planning commission and the village council.

(6)

The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development.

(7)

The PUD is in general conformance with the comprehensive plan of the village.

(8)

The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed

(b)

The planning commission may seek assistance in making its recommendation from the county or regional planning commission or any other appropriate source.

Within 60 days after receipt of the final recommendation of the planning commission, the village council shall by ordinance either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is either approved or approved with conditions, the village council shall direct the zoning inspector to issue a zoning certificate only in accordance with the approved final development plan and the supplementary conditions attached thereto.

In approving any Planned Unit Development District, the village council may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of the conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Zoning Code and punishable under this Zoning Code.

(a)

The approval of a final development plan for a Planned Unit Development District shall be for a period not to exceed five years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within five years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan may be approved if the planning commission finds that such extension or modification is not in conflict with the public interest.

(b)

No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the PUD was granted.

(a)

No building or structure shall be erected, altered, or changed in use unless permanently maintained off-street parking and loading facilities have been provided in accordance with the provisions of this Zoning Code.

(b)

Whenever a building or structure constructed after the effective date of this Zoning Code is changed or enlarged in floor area, number of employees, number of dwelling units or otherwise creates 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.

(c)

Plans and designs for parking areas in conjunction with other buildings and structures shall be submitted as part of the application for zoning certificate, conditional use permit, and the like, and approval of the application shall be contingent upon approval of the parking area. The creation or expansion of a parking area, as a separate action, shall require a separate certificate, permit, and the like.

(d)

Maintenance. The owner of property used for parking or loading areas shall maintain the area in good condition without holes and free of all dust, trash, and other debris.

(e)

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 area shall be so arranged as to reflect the light away from the adjoining properties.

(f)

Location of parking spaces. Parking spaces for all detached residential uses shall be located on the same lot as the use which it is intended to serve. Parking spaces for commercial, industrial, or institutional uses shall be located not more than 700 feet from the principal use. Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 300 feet from the principal use.

(g)

Screening or landscaping. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed fence, wall, or planting screen. The fence, wall, or planting screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition. The space between such fence, wall, or planting screen and the lot line of the adjoining property in any residential district shall be landscaped with grass, hardy shrubs, or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of a fence, wall, or planting screen will not serve the intended purpose, then no fence, wall, or planting screen shall be required.

(h)

Minimum distance and setbacks.

(1)

No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptable designed screen.

(2)

No off-street parking area in any residential district shall be located within the required front yard, except within a driveway located in the district. The driveway shall be no closer than two feet to any property line. No off-street parking area in any commercial or industrial district shall be located closer than five feet to any established street or alley right-of-way line.

(3)

Whenever a parking area extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.

(i)

Access. Access driveways for parking areas and loading spaces shall be located in such a way that any vehicle entering or leaving the area shall be clearly visible for a distance as specified in section 1125.12 to any pedestrian or motorist approaching the access or driveway from a public or private street. The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access drives shall maintain the following minimum requirements.

(1)

For one-way traffic, a minimum width of ten feet.

(2)

For two-way traffic, a minimum width of 22 feet.

(3)

Parking areas having more than one access driveway shall have directional signs for one-way traffic.

(a)

Dimensions.

(1)

Each parking stall shall be a minimum of nine feet in width and 19 feet in length.

A.

Exception: Parallel parking requires that stalls be 22 feet in length.

(2)

Aisle width shall vary with the angle of the parking:

A.

45 degree parking requires 12 feet wide aisles;

B.

60 degree parking requires 16 feet wide aisles;

C.

75 degree parking requires 23 feet wide aisles;

D.

90 degree parking requires 26 feet wide aisles;

E.

Parallel parking requires 12 feet wide aisles.

(3)

Head-in parking should allow three feet of car overhang adjacent to the curb or building.

(4)

A minimum clear distance of three feet shall be provided when parking is adjacent to a building.

(5)

Each off-street loading space shall be at least ten feet in width, 25 feet in length, and shall have a vertical clear distance of 25 feet.

(b)

Surfacing. All open parking and loading spaces, except a required parking space accessory to a single-, two-, or three-family dwelling, shall be graded and provided with a hard surface of bituminous or Portland cement.

(c)

Drainage. All open, off-street parking and loading areas shall be provided with adequate drainage facilities, as determined by the service director, in order to ensure that storm water does not flow onto abutting sidewalks in such a way or quantity that adjoining property owners or users of the sidewalk would be detrimentally affected or inconvenienced.

(d)

Screening and landscaping.

(1)

When any open off-street parking or loading area used for nonresidential purpose and containing more than two spaces is not separated from a residential district by a dedicated street or by an open area 25 feet in width, an effective buffer or screen consisting of a solid wall, fence, or view-obscuring dense planting of evergreen shrubs shall be provided to protect the privacy of the adjoining residential uses. Such wall, fence, or hedge shall not be less than four feet or more than six feet in height and shall be maintained in good condition.

A.

For conditionally permitted uses, the board of zoning appeals may allow an open area of at least 25 feet between the off-street parking and adjacent residential uses.

(2)

All tree lawns shall be landscaped and/or planted with grass and maintained in good condition, in such a way as to clearly distinguish their separation from adjacent public streets or private drives.

(e)

Lighting. Any lighting used to illuminate off-street parking or loading areas shall be equipped with suitable shielding or be so designed as to prevent a glare at eye level on surrounding public or private property.

(f)

Marking and/or signing. Designated parking or loading spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in a clearly visible condition. Signing as necessary shall be placed in order to designate particular loading areas or required movements of vehicles as determined by the layout of the parking or loading area.

For the purpose of this Zoning Code, the following parking space requirements shall apply:

(a)

Automobile repair, one parking space for each 300 square feet of floor area and one parking space for each employee.

(b)

Automobile sales and service, one parking space for each auto service stall in the service room and one additional parking space for each employee. Outside sales area shall be surfaced in accordance with section 1131.02(b).

(c)

Bank or financial institution, one for each 200 square feet of floor area plus one parking space for each two employees.

(d)

Barber shop or beauty shop, two parking spaces for each chair, plus on for each full-time and part-time employee.

(e)

Boarding house, rooming house, dormitory, and the like, one for each permanent accommodation.

(f)

Bowling alley, four for each alley lane plus one additional space for each 200 square feet of area used for restaurant, cocktail lounge, or similar use.

(g)

College or university, one for each three students.

(h)

Commercial establishment devoted to retail sales, trade merchandising or similar use (except as otherwise specified herein), one for each 200 square feet of floor area and one additional parking space for every two employees.

(i)

Community center, library, or museum, one parking space for each 500 square feet of floor space.

(j)

Drive-through business. In addition to the parking spaces required in this section, all drive-through business operations wherein patrons customarily stop and wait in line in motor vehicles for service or products, such as car washes, drive-in banks, and other similar businesses, shall have at least a total of 150 feet of waiting-in-line or standby vehicle space arranged on the premises so as to accommodate a line of such length in order that public streets shall not become overburdened and therefore create traffic hazards and nuisances.

(k)

Furniture store, appliance store, hardware store, or showroom for decorators, plumbers, electricians, or similar trades, one parking space for each 800 square feet of floor area, plus one space for each employee.

(l)

Gasoline service station, two parking spaces for each service bay, plus one space for each employee.

(m)

Hospital, one parking space for each two beds.

(n)

Hotel or motel, one parking space per each sleeping accommodation plus one for every two employees.

(o)

Industrial or manufacturing establishment, one parking space for each employee on major shift, one space for every vehicle used in connection with the business, and enough parking to accommodate visitors and vendors.

(p)

Kindergarten, child care center, and the like, two parking spaces for each classroom, but not less than six for the building.

(q)

Laundromat, one parking space for two washing machines.

(r)

Medical practitioner, including dentist, osteopath, physician, surgeon, optometrist, or chiropractor, four parking spaces for each practitioner, plus one for each employee.

(s)

Mortuary or funeral parlor, one space for each 100 square feet of parlor area.

(t)

Multiple-family dwelling, two parking spaces for each unit except that each efficiency unit will require one and one-half parking spaces.

(u)

Multiple-family dwelling (senior citizen). When the multi-family dwelling is exclusively used for senior citizen (over 62), the parking may be reduced to 0.5 spaces per unit.

(v)

Nursing home, sanitarium, convalescent home, one parking space for each 600 square feet of total floor area of the building.

(w)

Office building, professional building, one parking space for each 300 square feet of floor area.

(x)

One-family dwelling, two parking spaces for each dwelling unit.

(y)

Private club or lodge, one parking space for each five seats (capacity) in the main assembly room.

(z)

Recreational establishment other than a theater, auditorium, or stadium, one parking space for each 80 square feet of floor area.

(aa)

Restaurant (where the major consumption of food or beverage takes place inside the main building), one parking space for each 30 square feet devoted to patron use.

(bb)

Restaurant (where the major consumption of food or beverage takes place other than inside the building, e.g. drive-in, carry-out), one parking space for each 15 square feet devoted to patron use (minimum of five spaces).

(cc)

School, elementary and junior high, one and one-half parking space for each classroom, plus one parking space for each six seats in a principal auditorium.

(dd)

School, senior high, one and one-half parking spaces for each classroom, plus one parking space for each ten students.

(ee)

Skating rink, dance floor, one for each 150 square feet of floor area used for the activity.

(ff)

Swimming pool, one for each five persons of pool's capacity.

(gg)

Theater, auditorium, or stadium, one parking space for each four seats.

(hh)

Two-family dwelling, two parking spaces for each dwelling unit.

(ii)

Off-street parking requirements within the Central Business District, no requirements except as provided in this Zoning Code.

(jj)

Worship centers, one parking space for each five seats in the principal auditorium.

(a)

Where the parking requirements for a use are not specifically defined herein, or a use is not mentioned, the parking requirements for such use shall be based upon the requirements for the most comparable use specified herein.

(b)

For the purpose of this Zoning Code, the number of employees shall be the maximum number of persons to be employed taking into consideration day, night, and seasonal variations.

(c)

For the purpose of computing the number of parking spaces required, floor area shall mean the sum of the horizontal area of every floor of a specified use, excluding stairs, washrooms, elevator shafts, maintenance rooms, storage spaces, display windows, fitting rooms, and similar uses. All dimensions shall be measured between interior faces of walls for determining off-street parking requirements.

(d)

When computing the required number of parking spaces, all fractional spaces shall be rounded to the next highest number.

(e)

When any land or building is used for two or more purposes, the number of parking spaces required shall be 80 percent of the sum of the requirements for the various individual uses, computed separately in accordance with this Zoning Code.

(a)

Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operations do not overlap.

(b)

Where the spaces are collectively or jointly provided and used, a written agreement assuring their retention for the purposes, shall be properly drawn and executed by the parties concerned and shall be filed with the application for a zoning certificate, conditional use permit, and the like. The agreement is subject to approval by the zoning inspector. Any determination of the number of spaces to be shared shall consider the number of spaces available, days of operation, and peak hours.

Plans and designs for loading areas shall be submitted as part of the application for zoning certificate, conditional use permit, and the like, and approval of the application shall be contingent upon approval of the loading area plan and design.

(a)

Plan and design standards. One off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods.

(1)

One loading space for each 10,000 square feet of gross floor area up to 20,000 square feet shall be provided. One additional loading space shall be provided for every additional 20,000 square feet of gross floor area of the building or structure.

(2)

Each required loading space shall measure no less than ten feet by 30 feet and shall have a fifteen-foot height clearance.

(3)

Access to truck loading and unloading space shall be provided in such a manner that it will not interfere with public convenience and will permit the safe and orderly movement of vehicles.

(b)

Loading space. Loading spaces are required under this division and shall not be considered as supplying off-street parking space required by this Zoning Code. Loading space shall be provided as area in addition to off-street parking spaces.

The purpose of this section is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising signs. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas, and provide a more enjoyable and pleasing community. It is further intended to reduce sign or advertising distractions and obstructions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)

"Changeable copy panel or attraction board." A panel or board on which the characters can be removed, rearranged, and reattached to the surface, regardless of the method of attachment.

(b)

"Directional sign." A sign which warns or directs the viewer of action to be taken on private property such as, but need not be limited to: "Enter", "Exit", "Pick-up Window", or "Park Here" signs. The signs may display the name of the business for which the directions are given and shall be so arranged as to not create a traffic hazard.

(c)

"Free-standing sign." A sign which is supported by one or more columns or poles, uprights, or braces in or upon the ground and not attached to any building.

(d)

"Ground sign." A type of free-standing sign which is constructed directly on the ground, such as identification, bulletin, and announcement signs.

(e)

"Height of sign." The height of a sign shall be measured from the ground elevation below the center of the sign to the bottom of the sign or supporting frame.

(f)

"Identification sign." A sign that identifies the name of the building, business, owner, or street address.

(g)

"Illuminated sign." A sign in which a source of light is used in order to make readable the message.

(h)

"Off-premise advertising sign." A sign which contains a message unrelated to the business or profession conducted, and unrelated to any commodity, service, or entertainment sold or offered upon the premises where the sign is located. The sign shall not be considered an accessory use.

(i)

"On-premise advertising sign." A sign which carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, and name of the person, firm, or corporation occupying the premises.

(j)

"Portable sign." A type of free-standing sign designed so it is not permanently anchored or secured to either a structure or the ground other than by temporary means, such as, but need not be limited to: A-frame, T-shaped or inverted T-shaped sign structures and truck, trailer, or vehicle mounted signs.

(k)

"Projecting sign." Any sign which projects from the exterior of a building.

(l)

"Message center sign." A sign which announces public activities or special events to take place, or give information to citizens. The sign may be a changeable copy panel or attraction board.

(m)

"Real estate sign." A sign which advertises a property or structure for sale or rent.

(n)

"Roof sign" A sign erected above the roof of a building and which is wholly or partially supported by the building.

(o)

"Temporary sign." A sign which is intended to advertise community or civic projects, construction projects, real estate for sale or lease, other special events, political candidates or public issues to be voted upon at an official election.

(p)

"Time and temperature sign." A sign which announces the time and temperature to citizens. The sign may be a changeable copy panel or attraction board.

(q)

"Wall sign." A sign which is in any manner affixed to any exterior wall of a building and which projects not more than 12 inches from the building wall.

(a)

Prior to erecting, moving, adding to, changing in any manner, or structurally altering any sign (unless otherwise noted), approval shall be obtained through the appropriate approval process from those listed in section 1107.02. No sign shall be permitted which overhangs or is located on public property except as provided herein.

(b)

Exceptions.

(1)

For the purpose of this Zoning Code, "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance, or governmental regulation.

(2)

Nonilluminated, residential identification signs of not greater than two square feet.

(3)

Directional signs not more than four square feet in area. There shall be no more than two signs at each entrance.

(4)

Nonilluminated real estate signs, advertising the sale, rental, or lease of property on which they are located not over 12 square feet in area. The sign may be located within the village right-of-way in areas where the sign cannot be seen if placed on private property.

(5)

One sign of a painter, roofer, or other contractor erected during the period when the contractor is performing work on a property, provided that the area of the sign shall not exceed 32 square feet, and is nonilluminated. The sign shall be removed within five days after the work has been completed.

(6)

Signs indicating private garage or yard sales or private sales of a similar temporary nature, providing the signs are less than six square feet and are removed after the activity is over.

(7)

Signs associated with a campaign, election, or other civic affair, providing the signs are no larger than ten square feet. The signs shall be removed within five days after the affair.

(a)

Free-standing signs. No part of any free-standing sign shall be located closer than the street right-of-way or public property.

(b)

Projecting signs.

(1)

No part of a protecting sign shall project closer than the street right of-way line or public property, except as provided in this Zoning Code.

(2)

A projecting sign shall not exceed more than six feet above the roof line of the building on which it is attached.

(c)

Roof signs. No part of a roof sign shall project beyond the walls of the building above which it is located.

(d)

Ground signs. No ground sign shall be located in a side or rear yard.

(e)

Wall flat signs. Wall flat signs shall not project more than 12 inches from the building wall upon which the sign is located.

(f)

Portable, temporary signs.

(1)

Portable signs and other special promotional devices shall be permitted at the location of a new business for a period of not more than 30 days after the opening of the new business.

(2)

Portable signs shall not be permitted on or over any street right-of-way or public property. Portable signs less than 32 square feet shall be permitted in any in any commercial or industrial zoned area for a period of not more than 120 days per year. Portable signs less than 24 square feet shall be permitted in any residential district for a nonresidential use for a period of seven days per year for use in connection with nonprofit activities. Any portable sign posted for a longer period than specified shall meet the requirements for permanent signs.

(3)

Temporary signs may be suspended across public streets or other public places providing they exceed the minimum height requirements for highways.

(g)

Directional signs. Directional signs shall be permitted in any commercial or industrial district. The sign shall not exceed 12 square feet in area, and shall be so located as not to create a hazard for vehicular traffic. Two directional signs shall be permitted at each entrance to a business or use.

(h)

Other designs or safety requirements.

(1)

All signs shall be constructed of durable materials and kept in good repair.

(2)

In computing the area of a double-faced sign, only one side shall be considered in calculating the sign area. However, if the interior angle formed by the two faces of a double-faced sign is 135° or greater, then both sides of such sign shall be considered.

(3)

In computing the area of a multi-face sign, one-half of the total area of the sign shall be considered as the area of the sign.

(4)

The area of a changeable copy panel or attraction board which advertises secondary goods or services shall not exceed 50 percent of the area of the sign that it is maintained in conjunction with, and shall meet the location and height requirements of the sign.

(i)

Prohibited signs. The following signs shall not be permitted, erected, or maintained in any district.

(1)

Signs which incorporate in any manner any flashing or moving lights, except message center signs and time and temperature signs, unless otherwise approved by the board.

(2)

Any sign which constitutes a traffic hazard or a detriment to traffic safety. Any sign or sign structure which is unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment's, the sign shall be removed by the owner of the property on which the sign is located.

(3)

Any sign greater than 300 square feet in size except for off premises advertising signs.

(4)

Any sign attached to or painted on any telephone or power pole, tree, hedge, or fence.

(5)

Off-premises signs in any residential district.

(6)

Roof signs in any residential district.

(7)

Any sign unlawfully erected or installed.

(8)

Any sign which advertises a business or product no longer existing or sold on the premises shall be removed by the property owner within 90 days from the date the business or product no longer exists or is sold.

(9)

Private signs located on public property, except as provided herein.

The following requirements are not applicable to the signs identified in section 1133.03(b).

(a)

Residential Districts. The following types of signs shall be permitted in the residential districts.

(1)

Residential signs as permitted in section 1133.03(b)(2).

(2)

Wall signs for permitted home occupations in chapter 1143.

(3)

For permitted multi-family dwelling, one ground sign indicating the name or address of the building and rental information, the sign shall be set back at least one-half of the depth of the required front yard and the top of the sign shall not be more than six feet above grade. The sign shall not exceed 32 square feet in area.

(4)

For permitted nonresidential uses, one ground sign provided that the area of the sign shall not exceed 32 square feet, set back at least one-half of the depth of the required front yard and the top of the sign shall not be more than six feet above grade.

(b)

B-1 District. The following types of signs shall be permitted in the B-1 District. See section 1133.04 for general requirements. All businesses in this district shall be limited to 150 square feet total sign area per frontage.

(1)

Free-standing sign.

A.

Limited to an area of 60 square feet.

B.

A minimum vertical height of nine feet above finished grade.

C.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(2)

Projecting sign.

A.

Limited to an area of 60 square feet.

B.

A minimum vertical height of nine feet above finished grade.

C.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(3)

Roof sign. Limited to an area of 60 square feet.

(4)

Wall sign.

A.

Limited to an area of 60 square feet.

B.

A minimum vertical height as to not create a hazard for pedestrian traffic if the sign projects out from the building.

(5)

Ground sign. The area of the sign shall not exceed 32 square feet, set back at least one-half of the depth of the required front yard and the top of the sign shall not be more than six feet above grade.

(6)

Portable sign, temporary sign. See section 1133.04(f).

(c)

B-2 District. The following types of signs shall be permitted in the B-2 District. See section 1133.04 for general requirements. All businesses in this district shall be limited to 250 square feet total sign area per frontage.

(1)

Free-standing sign.

A.

Limited to an area of 100 square feet

B.

A minimum vertical height of nine feet above finished grade.

C.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(2)

Secondary free-standing sign.

A.

A minimum vertical height of nine feet above finished grade.

B.

The sign shall be secondary and incidental to the sign in Subsection (b) hereof.

(3)

Projecting sign.

A.

A minimum vertical height of nine feet above finished grade.

B.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(4)

Wall sign.

A.

Limited to an area not to exceed 35 percent of structure face square footage.

B.

A minimum vertical height as to not create a hazard for pedestrian traffic.

(5)

Ground sign. The area of the sign shall not exceed 32 square feet, set back at least one-half of the depth of the required front yard and the top of the sign shall not be more than six feet above grade.

(6)

Portable sign, temporary sign, see section 1133.04(f).

(d)

B-3 District. The following types of signs shall be permitted in the B-3 District. See section 1133.04 for general requirements.

(1)

Free-standing.

A.

Limited to an area of 60 square feet.

B.

A minimum vertical height of nine feet above finished grade.

C.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(2)

Projecting sign.

A.

Limited to an area of 60 square feet. Such sign may overhang the street right-of-way line not exceeding 75 percent of the distance between the street right-of-way line and the street curb line.

B.

A minimum vertical height of nine feet above finished grade.

C.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(3)

Roof sign. Limited to an area of 60 square feet.

(4)

Wall sign,

A.

Limited to an area of 60 square feet.

B.

A minimum vertical height of eight feet above finished grade if the sign projects out from the building.

(5)

Canopy sign.

A.

Limited to under the canopy.

B.

A minimum vertical height as to not create a hazard to pedestrian traffic.

(6)

Portable sign. temporary sign, see section 1133.04(f).

(e)

Industrial Districts. The following types of signs shall be permitted in any M District. See section 1133.04 for general requirements.

(1)

Free-standing sign.

A.

Limited to an area of 200 square feet.

B.

A minimum vertical height of nine feet above finished grade.

C.

Changeable copy panel or attraction board, see section 1133.04(h)(4).

(2)

Ground sign. The area of the sign shall not exceed 100 square feet, set back at least one-half of the depth of the required front yard.

(3)

Portable sign, temporary sign. See section 1133.04(f).

(4)

Wall sign.

A.

Limited to an area of 100 square feet.

B.

A minimum vertical height of eight feet above finished grade if the sign projects out from the building.

The following regulations shall be applicable to off-premises advertising signs.

(a)

Off-premises signs shall be permitted in B-1, B-2, B-3, M-1, and M-2 Districts. Two off-premises signs may be permitted at a single location.

(b)

Free-standing, off-premises signs shall be permitted in the B-1 District, provided the sign has a front yard setback of not less than 25 feet and is placed no closer than 25 feet to any adjacent residential district and shall not exceed 300 square feet per face.

(c)

Free-standing, off-premises signs shall be permitted in the B-3 District, provided the sign has a front yard set back of not less than five feet and is placed no closer than 25 feet to any adjacent residential district and shall not exceed 600 square feet per sign face.

(d)

Free-standing, off-premises signs shall be permitted in the B-2, M-1, and M-2 Districts, provided the signs have a front yard setback of not less than ten feet and have a minimum vertical height of seven feet above finished grade. The signs shall not be placed closer than 30 feet to any adjacent residential district and shall not exceed, 600 square feet per sign face.

(e)

The maximum height of any free-standing, off-premises sign shall not exceed 35 feet in the districts in which they are permitted.

(f)

No off-premises sign shall be closer than 150 feet from any other off-premises sign on the same side of the street and facing the same direction.

(g)

Existing off-premises signs that do not conform to this Zoning Code may be repaired or maintained at the same location, provided the sign is made to conform as much as possible. Approval for the total replacement of a nonconforming off-premises sign must be obtained from the board of zoning appeals.

(a)

The provisions of chapter 1137 shall apply to all existing signs rendered nonconforming by this section, provided, however, that no sign may be enlarged, reconstructed, altered to identify a different business or use, or structurally altered, unless conforming to the provisions of this section or any other applicable section herein. The replacement, installation, enlargement, reconstruction, or alteration of any sign shall not be permitted unless it conforms to the provision of this section.

(b)

Minor repair, cleaning, or change of copy, for the same business or use shall be permitted regardless of the conforming or nonconforming status of the sign.

In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this Zoning Code, the zoning inspector shall notify in writing the owner/lessee thereof to alter the sign so as to comply with this Zoning Code. Failure to comply with any of the provisions of this section shall be deemed a violation and shall be punishable under section 1107.99.

No land or building shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could diversely affect the surrounding areas or adjoining premises. Any use permitted by this Zoning Code may be undertaken and maintained if acceptable limits are employed.

(a)

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment and by such safety devices as are normally used in the building of any such material. The requirements imposed by the fire marshal of the village as a result of Ohio R.C. Chapter 3781 shall be adhered to.

(b)

No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.

(c)

Noise which is objectionable, as determined by the zoning inspector, due to volume, frequency, or beat shall be muffled or otherwise controlled.

(1)

"Objectionable" shall be defined as extending beyond the limit of noise considering the location of the use, adjacent land uses, zoning classification, and available technology for controlling the noise.

(2)

Apparatus used exclusively for public purposes are exempt from this requirement.

(d)

No vibration shall be permitted which is discernible without instrument on any adjoining lot or property.

(e)

No air contaminant shall be permitted which is harmful to health, animals, vegetation, or other property or which can cause excessive soiling.

(1)

"Air contaminant" shall be defined as particulate matter dust, fumes, gas mist, smoke, vapor, odorous substances, or any combination thereof.

(2)

Programs and equipment required by the Director of the Ohio Environmental Protection Agency, in furtherance of Ohio R.C. Chapter 3704, shall be adhered to.

(f)

No direct or reflected glare shall be permitted which is visible from any property outside an M District or from any public street, road, or highway.

(g)

No erosion, either by wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

(h)

Water pollution shall be subject to the requirements and regulations established by the director of the OEPA.

(i)

Approved state plans where applicable.

(a)

The zoning inspector or board of zoning appeals, prior to the issuance of a zoning certificate, 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.

(b)

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 National Standards Institute, New York, N. Y.; the Manufacturing Chemists' Association, Inc., Washington, D.C.; and the United States Bureau of Mines.

It is recognized that at the time of the adopting of this Zoning Code or any of its subsequent amendments, there shall exist lots, uses of land, structures, and uses of structures and land in combination which do not conform to this Zoning Code. While such conditions are permitted to continue, the purpose of this Zoning Code is to alleviate and eventually eliminate the undesirable consequences resulting from nonconforming lots, uses of land, structures, and uses of structures and land in combination which are detrimental to the purpose of this Zoning Code.

To avoid undue hardship, nothing in this Zoning Code deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Code and upon which actual building construction has been carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.

Any lot of record existing at the effective date of adoption of this Zoning Code or any of its subsequent amendments which does not conform to the lot requirements of the district in which it is located is to be considered a nonconforming lot of record.

(a)

Single nonconforming lots of record.

(1)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Code notwithstanding limitations imposed by this Zoning Code. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both, that are applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.

(2)

Variances of yard requirements of this Zoning Code other than lot area or lot width shall be obtained only through action of the board of zoning appeals as provided in section 1109.02.

(b)

Nonconforming lots of record in combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Code and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of this Zoning Code and no portion of it shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.

Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise unlawful subject to the following provisions.

(a)

No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(b)

Should the nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Zoning Code.

(c)

Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

Where, at the time of adoption of this Zoning Code lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided:

(a)

No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.

(b)

No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of adoption or amendment of this Zoning Code.

(c)

If any nonconforming uses of land are discontinued or abandoned or more than two years (except when government action impedes access to the premises), any subsequent use of the land shall conform to the regulations specified by this Zoning Code for the district in which the land is located.

(d)

No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with a nonconforming use of land.

If a lawful use involving individual structures, or of a structure and land in combination exists at the effective date of adoption or amendment of the Zoning Code that would not be allowed in the district under the terms of this Zoning Code the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

(a)

No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(b)

Any nonconforming use may be extended throughout any part of the building which was arranged or designed for the use at the time of adoption or amendment of this Zoning Code, but no nonconforming use shall be extended to occupy any land outside the building.

(c)

Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use shall not thereafter be resumed.

(d)

When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for more than two years (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(e)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(f)

A nonconforming residential use in a business district shall be permitted to continue as if they were in a residential district. The use must comply with the requirements of an R-1 Residential District. However, the use shall not be expanded into a combination business and residential use. Before the building is altered to be used for a business, the state building code, fire code, and all other applicable codes must be met.

If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the board of zoning appeals, be changed to another nonconforming use provided that the board shall find that the proposed use is equal or more appropriate to the district than the existing nonconforming use. In permitting the change, the board may require certain conditions and safeguards.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this. section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.

Upon the effective date of this Zoning Code, the zoning inspector shall issue a certificate of nonconforming use to all owners of property, the use of which does not conform to the district regulations in which the property is located. Any use which is permitted as a conditional use in a district under the terms of this Zoning Code shall not be deemed a nonconforming use in the district, but shall without further action be considered a conforming use.

It is the intent of this section to regulate the location of, and to encourage, stabilize, and protect the development of mobile home parks. Notwithstanding any other provision or restriction provided in this Zoning Code, the following procedures, standards, and restrictions shall apply to all mobile home developments to be developed hereafter.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)

"Mobile home park." A parcel of land under single ownership on which two or more mobile homes are occupied as residences, and meeting the requirements of this section.

(b)

"Mobile home subdivision." A subdivision designed and intended primarily for the sale of lots for residential occupancy by mobile homes.

Mobile home parks and mobile home subdivisions shall be located only in a Mobile Home Park District (RMH) and shall be developed according to the general regulations stated and referenced in this section. Recreational campgrounds shall be permitted in the S-1 District and in the RMH District, and should be developed according to the general regulations stated and referenced in this section. The procedure to amend the zoning map shall be the procedure for amendments specified in chapter 1111.

The planning commission and village council shall review the particular fact and circumstances of each proposed mobile home park, mobile home subdivision, and recreational campground, in terms of the following standards and shall find adequate evidence showing that the mobile home park development:

(a)

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the character of the vicinity of the proposed mobile home park and will not change the essential character of the area.

(b)

Will not be detrimental to existing or future residential uses.

(c)

Will be served adequately by public facilities and services or that the persons responsible for the establishment of the proposed park shall be able to provide adequate services.

(d)

Will have vehicular approaches to the property to which shall be so designed as not to create an interference with traffic on surrounding public streets.

(a)

The minimum site shall contain five acres unless the development is an extension of an existing park. The mobile home park shall meet the requirements of 3701-27 of the Ohio Administrative Code, adopted by the public health council under the authority of Ohio R.C. 3733.02.

(b)

Individual mobile homes located within the mobile home park shall have a minimum floor area of 600 square feet.

The size of a mobile home subdivision shall be as provided for a mobile home park. The procedure and design of a mobile home subdivision shall be the same as those provided for in the subdivision regulations.

The size of and the procedure for a recreational campground shall be as provided herein for a mobile home park, and the design, installation, and maintenance shall be as required by the state board of health.

It is the intent of this section to encourage the provision of alternative modest income housing in residential areas by permitting the use of Class A manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted. This section shall apply only to manufactured or mobile homes located outside the mobile home parks or communities.

(a)

"Anchoring system." An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home.

(b)

"Design, residential." A manufactured home which has the same siding materials and pitched shingled roofs as used on conventional homes.

(c)

"Design, standard." A bowed metal roof and aluminum siding, the traditional "mobile home" look.

(d)

"Foundation siding or skirting." A type of wainscoting constructed of fire and weather resistant material such as aluminum, treated pressed wood, or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.

(e)

"Manufactured or mobile home." A residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a seal certifying that it is built in compliance with the "National Manufactured Housing Construction and Safety Standards Act" and defined herein as a manufactured home, and meeting the requirements of a manufactured home as defined in Ohio R.C. 4501.01.

(f)

"Permanent perimeter enclosure." A foundation which forms a complete enclosure under exterior walls.

(g)

"Permanent foundation." Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

(h)

"Recreational vehicle (RV)." A vehicular portable structure built on a chassis and not exceeding a gross weight of 4,500 pounds when factory-equipped for the road or an overall length of 40 feet and designed to be used as a temporary dwelling, travel, recreational, and vacation uses.

(i)

"Section." A unit of a manufactured home at least ten body feet in width and 30 body feet in length.

(j)

"Support system." A pad or a combination of footing, piers, caps, plates, and shims, which when properly installed, support the manufactured or mobile home.

Class A. A manufactured home certified as meeting the mobile home construction and safety standards of the department of housing and urban development, residential designed home placed on a permanent foundation.

The establishment, location, and use of a Class A manufactured home as a permanent residence approved individually, by specific materials, or by design, shall be permitted in any district permitting a dwelling unit, subject to the requirements applying to residential uses in the district and provided the dwelling shall meet the exterior appearance standards, as hereinafter set forth in section 1141.06. A zoning certificate shall be required for all applications for such use. Approval procedure is set forth in section 1107.02. Applications for approval shall be submitted to the zoning inspector on such forms as he may require to make his determination.

Upon removal of a mobile home from a residential lot within the village, the following conditions shall apply to any replacement: it may be replaced only with a manufactured (Class A) or custom built home with a permanent foundation.

Class A manufactured homes shall:

(a)

Meet all requirements for lot, yard, building, and other requirements for the district in which it is located.

(b)

Be placed on a permanent foundation.

(c)

Utilize a permanent perimeter enclosure in accordance with the approved installation standards and this section.

(d)

Be anchored to the ground in accordance with the manufacturer's specifications.

(e)

Have all wheels, axles, and hitch mechanisms removed.

(f)

Have utilities connected, in accordance with the village requirements manufacturer's specifications.

(g)

Have siding material which looks like a type used on site-constructed residences.

(h)

Have a pitch roof of not less than two-and-one-half inches of rise for each one foot of horizontal run and have roofing material of a type used on site-constructed residences.

(i)

Have a minimum width of the main body as assembled on the site not less than 20 feet, measured across the narrowest portion.

(j)

The home shall appear to face the public street.

The purpose of the home occupation provision is to allow for home occupations which are compatible with the neighborhoods in which they are located.

The board of zoning appeals shall not permit the establishment of a home occupation unless and until the following facts or conditions exist.

(a)

No more than one person other than the members of the family residing on the premises may be engaged in the home occupation. In no case shall there be more than three persons engaged in the home occupation.

(b)

The ratio of time/space is equal to or less than 0.25. (Business hours per week divided by 168 hours plus the area of the occupation divided by the total area of the dwelling divided 2.)

(c)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.

(d)

An accessory building may be used for a home occupation, but the area used in the accessory building shall be used in determining the time/space ratio.

(e)

The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors, or electrical interference beyond what occurs in the applicable zoning district. All off-street parking requirements shall meet the requirements of chapter 1131.

(f)

There shall be no use of public utilities or community facilities to an extent beyond the normal use of the property for residential purposes.

(g)

There shall be one sign, not exceeding four square feet in area nonilluminated, and mounted flat against the wall of the principal or accessory building or a free-standing, nonilluminated identification sign not greater than two square feet in area.

(h)

No space outside the principal or accessory building shall be used for storage or for any home occupational purpose.

(i)

All home occupation permits must get additional approval from the particular agency that may regulate the occupation, and a copy of the approval must be attached to the home occupation permit.

In granting a home occupation permit, the board may prescribe appropriate conditions and safeguards with respect to location, construction, maintenance, and operation, in addition to those stipulated in this Zoning Code for the particular home occupation permit as the board may deem necessary for the protection of adjacent properties and the public interest. Violations of such conditions and safeguards, when made a part of the terms under which the home occupation is granted, shall be deemed a violation of this Zoning Code and punishable under section 1107.99. The board may also require such evidence and a guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.

(a)

Hearing. The board shall hold a public hearing on an application for home occupation permit within 35 working days from receipt of the application.

(1)

Notice of the hearing on an application for a home occupation shall be given by publishing the notice, in a newspaper of general circulation of the village at least ten days before the day of the hearing. Written notice of the hearing, shall be mailed by first class mail, at least ten days before the date of the hearing, to all abutting property owners. The notice shall set forth the time and place of the public hearing, and the nature of the proposed home occupation.

(2)

Upon the day for hearing an application, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing, unless the board so decides.

(b)

Within 30 days after the public hearing, the board shall either approve, approve with supplementary conditions, or deny the request for a home occupation.

(1)

A certified copy of the board's decision shall be transmitted to all parties in interest. The decision shall be binding upon the zoning inspector and observed by the inspector and the terms and conditions of the decision shall be incorporated in the permit to the applicant or appellant, whenever a permit is authorized by the board.

(2)

A decision of the board shall not become final until the expiration of five days from the date the decision is made, unless the board shall find that the immediate taking effect of the decision is necessary for the preservation of property or personal rights, and shall so certify on the record.

A home occupation permit shall be deemed to authorize only one particular home occupation and the permit shall automatically expire, if for any reason, the home occupation has not been renewed as required in section 1143.06.

Home occupation permits have an initial time limit not exceeding one year. A renewal fee shall be submitted for each year after the initial year for all home occupations. A renewal application shall be made on forms provided by the zoning inspector. The application shall be reviewed and an inspection made of the property by the zoning inspector to verify continued compliance with the necessary criteria and conditions established with the initial approval. If in the review by the zoning inspector the applicant has not complied with the necessary conditions, the matter shall be referred to the board for consideration. The board may without further hearing revoke any home occupation permit for noncompliance with the conditions set forth in the approved original permit. Any permit revoked by the board may not be resubmitted for a period of one year.

Any home occupation denied by the board may not be resubmitted for a period of six months unless the applicant can demonstrate to the zoning inspector and the board either of the following.

(a)

That a new plan or use is proposed.

(b)

That new facts or other pertinent information have been discovered that were not presented previously.

Appeals from the board's decisions shall be made in the manner as specified in section 1109.01(d).

As established in section 1107.99(c), the fees for home occupation permits shall be set by the village council. The current fee schedule is available for examination in the office of the zoning inspector.

(a)

The fee is part of and shall accompany the application.

(b)

Fees are not reimbursable.