North Perry City Zoning Code

TITLE TWO

Zoning Regulations

1121.01 DISTRICTS ESTABLISHED.

For the purpose of carrying out the provisions of this Zoning Ordinance and to provide the Village Planning Commission with guidelines for future applications, the Village of North Perry is divided into the following zoning districts:

P-1 Parks and Open Space

R-1 Residential Single-Family, 3/4 Acre

C-1 Commercial

M-1 Mixed Use Office and Light Industrial

I-1 Light Industrial

I-2 Industrial

(Ord. 19-10. Passed 11-7-19.)

1121.02 ZONING DISTRICT MAP.

(a) The boundaries of the districts are shown on the map entitled "Official Zoning Map of the Village of North Perry, Ohio”, or “Zoning Map”, which is made a part of this Ordinance. The map and all the notations, references, and other information shown thereon are a part of this Zoning Ordinance and have the same force and effect as if the district map and all the notations, references, and other information shown thereon were all fully set forth or described therein.

(b) No amendment to this Zoning Ordinance which involves a matter portrayed on the Zoning Map shall be passed by Council as an emergency measure. The Zoning Map shall reflect this change within thirty (30) days. Council shall direct the Village Engineer to update the district map within thirty (30) days of passage of such measure. Such amendment shall be effective as provided by law.

(c) No changes of any nature shall be made to the official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance.

(d) Regardless of the existence of purported copies of the official Zoning Map which may from time to time be made or published, the official Zoning Map, which shall be located in the office of the Clerk of Council, shall be the final authority as the current zoning status of land and water areas, buildings and other structures.

(e) In the event that the official Zoning Map becomes damaged, destroyed or lost, the Council may, by ordinance, adopt a new District Map which shall supersede the prior official Map. The new official Zoning Map may correct drafting or other errors or omissions in the prior official District Map but no such corrections shall have the effect of amending the original Zoning Ordinance or subsequent amendments thereof.

(Ord. 19-10. Passed 11-7-19.)

1121.03 DISTRICT BOUNDARY LINES.

(a) The Zoning District Map is not an exact or precise engineer's rendering but shall be considered a detailed approximation intended to accurately illustrate the zoning districts of the Village, however, the language printed on the Map is certain, accurate, and controlling. The District Map, including the language thereon, shall take precedence of a conflict between the Map and language in the Zoning Code.

(b) Boundary Interpretation. All zoning district boundary lines shown on the Zoning Map shall be interpreted and determined as follows:

(1) Where boundaries apparently follow lot lines and are not more than ten feet therefrom, the lot lines shall be construed to be such boundaries;

(2) Where boundaries apparently follow streets, alleys or railroad lines, the center lines of such streets, alleys or railroad lines shall be construed to be such boundaries;

(3) Where boundaries apparently follow shore lines, the shore lines shall be construed to be such boundaries and, in the event of change in the shore lines, shall be construed as moving with the actual shore lines.

(4) Where boundaries approximately follow municipal corporation limits, such boundaries shall be construed as following such limits.

(5) In all other cases, the location of any boundary line, unless indicated by dimensions of the Zoning Map, shall be determined by the use of the scale appearing thereon.

(c) Vacation of Public Ways. Whenever any street or public way is vacated by official action of Council, the zoning district adjoining each side of the street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.

(d) All territory which may hereafter be annexed to North Perry Village shall retain the same zoning classification as existed in the Township, or other annexed territory, at the time of annexation until the district map is amended in conformance with the procedures outlined in the Zoning Code.

(e) Where physical features existing on the ground are at variance with those shown on the official District Map, or in other circumstances not covered by any of the above statements on District Boundaries, or if there is a dispute concerning the exact location of zoning district boundaries, the Village Planning Commission shall interpret the district boundaries.

(Ord. 19-10. Passed 11-7-19.)

1121.04 IDENTIFICATION OF PROPERTIES IN FARM AND RANCH LANDS PROTECTION PROGRAM.

The Village of North Perry partners with Lake County, Ohio in the Farm and Ranch Land Protection Program (FRPP) to secure conservation easements for the protection of productive farm and ranchland on eligible properties in the village. Whenever a property owner in North Perry participates in the FRPP and a conservation easement is created, the use of such land shall conform to both the North Perry Zoning Ordinance and the restrictions set forth in the conservation easement. The parcels with FRPP conservation easements may be depicted on the North Perry Zoning Map for informational purposes only.

(Ord. 19-10. Passed 11-7-19.)

1123.01 INTENT.

The purpose of the Parks and Open Space District (P-1) is to provide for the conservation of environmental qualities and safe outdoor recreation facilities for this generation and future generations. These public lands may consist of scenic areas, fields, wooded areas, trails, beaches, waterways, and other natural and manmade areas which enhance the environment.

(Ord. 19-10. Passed 11-7-19.)

1123.02 PERMITTED USES.

(a) Permitted Use Table Summary. Table 1123.02 sets forth the uses allowed in the P-1 Parks and Open Space district. The abbreviations used in the table are described as follows:

(1) Uses Permitted By Right. A "P" in a cell indicates that the use is allowed by-right as a principal use in the respective district provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met;

(2) Conditional Uses. A "C" in a cell indicates that the use is regulated as a conditional use. The use may be permitted in the respective district if approved through the conditional use review process in compliance with Chapter 1109, provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met.

(3) Accessory Uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1123.02 and that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(b) Compliance with Standards. Although a use may be indicated as a permitted use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question, including but not limited to any supplemental use-specific standards referenced in Table 1123.02.

Table 1123.02 P-1 Parks and Open Space District Permitted Use Table
	P-1 District	Use-Specific Standards See Section
Principal Uses
(1) Agriculture.	P	1131.02(b)
(2) Village government facility including buildings, structures and grounds	P	--
(3) Administration offices essential to the operations of a park not owned by the Village	C	--
(4) Campgrounds, cabins, tents yurts, and similar temporary lodging	C	1131.02(r)
(5) Public indoor recreation assembly halls, including meeting rooms, kitchen facilities and space for the display of natural or historical artifacts or collection	C	1131.02(q)
(6) Public open space including forests and wildlife reservations	P	--
(7) Public outdoor active recreation facilities including beaches and pools, boat launch facilities, sport fields, and other sporting activities	C	1131.02(r)
(8) Observation tower	C	1123.06(d)
(9) Public outdoor passive recreation facilities including parks, picnic areas, shelters, playgrounds, and trails	P	--
(10) Wireless telecommunications tower	C	1131.03
Accessory Uses and Structures
(11) Garages, maintenance building, out building customarily incident to the above uses and grounds maintenance	A	--
(12) Fences	A	1133.02
(13) Off-street parking areas	A	1137
(14) Signs	A	1139
P = Permitted by right C = Conditional A= Accessory

(Ord. 19-10. Passed 11-7-19.)

1123.03 PRESERVATION REGULATIONS.

(a) Pollution of waterways with sewage, trash, soil or other pollutants shall be prohibited.

(b) The preservation of all timber within the area shall be encouraged. The private and commercial harvesting of timber shall be permitted on a selective harvesting basis as approved by the Planning Commission based on ODNR recommendations.

(c) The planting of trees, shrubs and aids for the protection of natural wildlife and for erosion control shall be encouraged.

(Ord. 19-10. Passed 11-7-19.)

1123.04 LOT REQUIREMENTS.

(a) The area of a lot used for P-1 uses shall not be less than 10 acres.

(b) The minimum lot width shall be 500 feet.

(Ord. 19-10. Passed 11-7-19.)

1123.05 SETBACK REQUIREMENTS.

All buildings, structures, accessory uses and parking areas shall be located in compliance with the following:

(a) The minimum setback from the street right of way shall be: 100 feet.

(b) The minimum setback from side lot lines and rear lot line shall be 100 feet.

(Ord. 19-10. Passed 11-7-19.)

1123.06 BUILDING STRUCTURE REGULATIONS.

Building and structures shall comply with the following:

(a) All structures comprised of 1,000 square feet total floor area or larger shall be considered principal buildings. Smaller buildings shall be considered accessory structures.

(b) The maximum height of principal buildings shall not exceed 35 feet.

(d) An observation tower may be permitted to be erected to a maximum height of 50 feet in a public park and when approved by the Planning Commission as a conditional use according to Chapter 1109.

(Ord. 19-10. Passed 11-7-19.)

1125.01 INTENT.

The Single-Family Residential District (R-1) and its regulations are established in order to achieve, among others, the following purposes:

(a) To preserve and protect the scenic beauty, the ecology and semi-rural character of the Village for the benefit of its citizens.

(b) To protect the desirable characteristics and promote the stability of existing residential development.

(c) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of North Perry.

(Ord. 19-10. Passed 11-7-19.)

1125.02 PERMITTED USES.

(a) Permitted Use Table Summary. Table 1125.02 sets forth the uses allowed in residential districts.

The abbreviations used in the table are described as follows:

(3) Accessory Uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1125.02 and that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

Table 1125.02 Residential Districts Permitted Use Table
	R-1 Zoning District	Use-Specific Standards See Section:
Principal Uses
(1) Agriculture	P	1131.02(b)
(2) Residential
A. Single-Family Dwellings	P	--
B. Adult family homes or small residential facilities	P	1131.02(a)
C. Use of single-family dwelling for short term rental	P	1131.02(y)
D. Bed and Breakfast	C	1131.02(d)
E. Flag Lot Development	C	1125.08
F. Rooming house, boarding house	P	1131.02(e)
(3) Village government facility	P	--
(4) Public parks, playgrounds, and recreational facilities	C	1131.02(v)
(5) Places of Worship/Church	C	1131.02(w)
(6) Cemeteries	C	1131.02(g)
(7) Wireless Telecommunication Facility	C	1131.03

Table 1125.02 Residential Districts Permitted Use Table
	R-1 Zoning District	Use-Specific Standards See Section:
Accessory Uses
(8) Accessory buildings including garages	A	1133.03, 1133.04
(9) Family day care home, Type “B”	A	1133.06
(10) Fences	A	1133.02
(11) Home occupation	A	1133.07
(12) Keeping and raising farm animals	A	1131.02
(13) Ponds and lakes	A	1133.09
(14) Roadside Stand	A	1131.02
(15) Swimming pools	A	1133.08
(16) Temporary uses	A	1133.11
P = Permitted by right C = Conditional A= Accessory NP = Use not permitted in district

(Ord. 19-10. Passed 11-7-19.)

1125.03 LOT REQUIREMENTS.

Lots created in a Residential District shall comply with the area and dimension requirements specified below.

(a) Minimum Lot Area. The area of a lot that may be used for the purposes of a dwelling unit shall not be less than 33,000 square feet, except as otherwise regulated in this Code.

(b) Minimum Lot Width and Street Frontage.

(1) The width of a lot, measured at the building line, shall not be less than 100 feet, except for lots fronting on a cul-de-sac or curved roads as set forth below.

(2) The street frontage shall not be less than 100 feet, except for lots fronting on a cul-de-sac or curved roads as set forth below.

(3) The minimum street frontage for lots on a cul-de-sac or curved road shall be fifty (50) feet measured along the right-of-way line. On lots wholly fronting on the circular portion of a cul-de-sac, the lot shall have a minimum width at the building line of one hundred and twenty-five (125) feet when measured along the arc. Lots on curved road frontages shall have a minimum lot width of one hundred (100) feet at the front and rear building lines, when measured along the outside chord or perpendicular to the lot side lines.

(4) The width of a corner lot shall be sufficient to comply with the side yard requirements.

1125.04 BUILDING SETBACK AND YARD REQUIREMENTS.

Principal buildings shall be located on a lot in a manner that maintains the minimum front, side and rear yards set forth in this section for the district in which the lot is located.

(a) Front Yard.

(1) The setback of all buildings from the street right-of-way on which the building fronts shall not be less than 75 feet, except as otherwise permitted below.

(2) Where forty percent (40%) or more of the house lots within 500 feet of and along the same side of the street as the subject lot are occupied by dwellings, then the minimum required front yard for the subject lot proposed for development of a single-family dwelling shall be the average of the front yards of such house lots.

(b) Side Yards: Dwellings shall be setback a minimum of 15 feet from a side lot line.

(d) Yards of Corner Lots: Each corner lot shall provide a front yard abutting the principal street on which the dwelling fronts and a corner side yard abutting the side or secondary street, each yard having a dimension not less than the depth and width set forth in Subsection 1125.04(a) for front yards. The interior side yard on a corner lot shall be not less than 15 feet.

(e) Projections into Required Yards. No portion of any building may project into the setbacks established in Subsections 1125.04(a) through 1125.04(d), except that:

(1) The ordinary projections of sills, belt courses, cornices and ornamental features may project not more than two (2) feet into a required yard.

(2) Uncovered steps, balconies or porches may project not more than five (5) feet into a required yard.

(3) Chimneys and bay windows, which in total, shall not occupy more than twenty percent (20%) of the length of the exterior wall on which located, may project not more than three (3) feet into a required yard.

(4) Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five (5) feet.

(Ord. 19-10. Passed 11-7-19.)

1125.05 HEIGHT REGULATIONS FOR PRINCIPAL BUILDINGS.

(a) The height of principal buildings shall not exceed 35 feet.

(b) Chimneys, radio antennas and television antennas located on and constituted as an integral part of a principal building may be erected to a height not to exceed 50 feet.

(Ord. 19-10. Passed 11-7-19.)

1125.06 DWELLING UNIT REQUIREMENTS.

In order to promote healthful living conditions and to stabilize the value and character of

residential areas, single-family dwelling units shall be erected and maintained only in accordance with the minimum floor area requirements set forth in this Section.

(a) Each single family dwelling shall have at least one story wholly above finished grade.

(b) Minimum Floor Area. Each single family dwelling shall have a minimum floor area of living space measured from the exterior walls of the dwelling and exclusive of basement, attic, open porches, breezeway, attached garage, or carport in conformity with the minimum requirements indicated in Table 1125.06.

Table 1125.06 Dwelling Unit Minimum Floor Area Requirements
	R-1
(1) Minimum total square footage	1,800 sq ft
(2) Minimum square footage on first floor	1,000 sq ft
Sq ft = feet

(Ord. 19-10. Passed 11-7-19.)

1125.07 LOCATION OF PERMANENTLY SITED MANUFACTURED HOME.

Permanently sited manufactured homes shall be permitted where they meet the following

provisions:

(a) The structure complies with all zoning requirements for a single-family dwelling.

(b) The structure is affixed to a permanent masonry or concrete foundation and is connected to appropriate facilities.

(c) The structure, excluding any addition, has a minimum width of at least twenty-two feet, a minimum length of at least twenty-two feet, and a total living area, excluding garages, porches, or attachments, equal to or greater than the minimum floor area required for any dwelling within a Residential District.

(d) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.

(e) The structure was manufactured after January 1, 1995.

(f) The structure is not located in a manufactured home park as defined by Ohio R.C. Section 4781.01.. Travel trailers, park trailers, and mobile homes, as defined in Ohio R.C. Section 4501.01, do not qualify as a permanently sited manufactured home. (Ord. 19-10. Passed 11-7-19.)

1125.08 REGULATIONS GOVERNING FLAG LOTS.

The creation of a flag lot that does not comply with the minimum lot width and street frontage requirements set forth in Section 1125.03(b) may be approved by the Planning Commission as a conditional use according to Chapter 1109, and only when the flag lot is determined to comply with the requirements of this section.

(a) It shall be the responsibility of the applicant to prove to the satisfaction of the Planning Commission as part of the conditional use and subdivision approval, that the land characteristics and physical conditions make the creation and development of a flag lot reasonable and desirable.

(b) The creation of a flag lot should be limited to locations were the existing public street frontage is subdivided into multiple, generally deep and narrow, oversized house lots, such as where the general pattern of lot depth is more than 500 feet but not more than 850 feet and the lot widths are typically less than 200 feet, and the density of development of the existing lots preclude large scale residential development, even with lot consolidation.

(c) Minimum Requirements. The following minimum requirements shall be met in order for the Planning Commission to approve the creation of a flag lot as a conditional use:

(1) The applicant shall provide evidence that the proposed flag lot cannot obtain the required minimum 100 feet of public street frontage due to the existing lot development and ownership pattern.

(2) The existing lot from which the proposed flag lot is being subdivided shall have a minimum of 150 feet of street frontage on a public street, prior to being subdivided, and shall comply with the minimum lot size and lot width requirements of Section 1125.03 after the subdivision action that creates the flag lot.

(3) Minimum lot size, excluding the area of the access strip portion of the flag lot, shall be 66,000 square feet, and shall have a minimum lot width of 150 feet.

(4) The minimum building setback from the front lot line of the flag lot shall be 100 feet. For the purposes of flag lots, the front lot line shall be the lot line parallel and closest to the street right-of-way, not including the portion of the lot devoted to the access strip.

(5) The minimum side and rear yards shall comply with the Section 1125.04(a).

(6) Access from the public street to the lot shall be provided by an access strip, which shall be no less than 30 feet and not more than 50 feet in width along the entire strip.

(7) The length of the access strip shall not exceed 500 feet.

(8) The access strip for the flag lot shall be owned in fee simple and be part of the development site. An easement over the access strip shall not be permitted. No building shall be permitted in the access strip.

(9) No more than one flag lot shall be developed behind a frontage lot.

(10) A flag lot shall not be permitted with frontage along or access onto U.S. Route 20. (Ord. 19-10. Passed 11-7-19.)

1127.01 INTENT.

Commercial, Mixed-Use and Industrial Districts (C-1, Commercial District; M-1 Mixed-Use Office/Light Industrial; I-1, Light Industrial; and I-2 General Industrial Districts) and their regulations are established in order to achieve, among others, the following purposes:

(a) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of North Perry.

(b) To provide appropriate and convenient districts of sufficient size to carry on the exchange of goods and services, distribution activities and industrial processes to serve the community, and thereby promote employment and strengthen the economy of the community.

(c) To protect nonresidential development and roadways from congestion by requiring setbacks and limiting the bulk and density of development in relation to adjacent buildings and available land and by requiring sufficient off-street parking and loading facilities.

(d) The C-1 Commercial District is established to provide a business area for residents and visitors that is convenient and safe for pedestrian and automobile access, and is consistent with preserving the nature and character of North Perry Village.

(e) The M-1, Mixed Use Office/Light Industrial District is established to accommodate and foster an appropriate mix of professional and corporate offices, research and development uses, light industrial uses and, to a limited extent, warehouses and general commercial uses that can be developed in harmony with surrounding land uses, land use density, and transportation facilities, with development standards to ensure that the establishments are clean, and free of hazardous or objectionable elements, are consistent with the Village Comprehensive Plan and the nature and character of North Perry Village and present an attractive frontage along the Village’s southern border.

(f) The I-1, Light Industrial District is established to encourage the development of wholesale business establishments that are clean, quiet and free of hazardous or objectionable elements such as noise, odor, smoke and glare. These businesses shall operate entirely within enclosed structures and generate a minimum of industrial related traffic.

(g) The I-2, General Industrial District is established to accommodate industrial activities in areas suitable for such development, that have a generally clean character and which normally generate only limited outdoor activities that is clean, quiet and free of hazardous or objectionable elements such as noise, odor, smoke, contaminants and glare.

(Ord. 19-10. Passed 11-7-19.)

1127.02 PERMITTED USES.

(a) Permitted Use Table Summary. Table 1127.02 sets forth the uses allowed in commercial, mixed use and industrial districts. The abbreviations used in the table are described as follows:

(3) Accessory Uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1127.02 and that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(4) Prohibited Use.

A. A “NP” in a cell indicates that a use is not permitted in the respective district.

B. Any use not specifically listed in Table 1127.02 shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1117 or approval as a similar use as provided in Section 1109.10.

Table 1127.02 PERMITTED USE TABLE
	Zoning Districts
	C-1, Commercial District	M-1 Mixed Use	I-1, Light Industrial District	I-2, General Industrial District	Use Specific Standards See Section:
(1) Agriculture	P	P	NP	NP	1131.02(b)
(2) Residential/Lodging
A. Single-family occupancy of existing dwelling	C	C	NP	NP	1131.02(z)
B. Bed and Breakfast	C	C	NP	NP	1131.02(d)
C. Hotel	C	C	NP	NP	--
D. Work/live units	C	C	NP	NP	1131.02(ee)
E. Skilled nursing, rehabilitation facility, assisted living facility	NP	C	NP	NP	1131.02(aa)
(3) Offices
A. Administrative, professional, business, government offices	P	P	P	P	--
B. Medical and dental offices	P	P	NP	NP	--
C. Emergency Care Center	C	C	NP	NP	1131.02(m)
D. Sales office	P	P	P	NP	--
E. Communications/call center	NP	P	P	NP	--
F. Scientific Research Facility	P	P	P	P	--

Table 1127.02 PERMITTED USE TABLE
	Zoning Districts
	C-1, Commercial District	M-1 Mixed Use	I-1, Light Industrial District	I-2, General Industrial District	Use Specific Standards See Section:
(4) Retail /Services
A. Art galleries and instructional studios	P	NP	NP	NP	--
B. Banks, other financial establishments	P	NP	NP	NP	--
C. Crematory facility	P	P	NP	NP	1131.02(j)
D. Funeral home, funeral service	P	P	NP	NP	1131.02(n)
E. Personal services establishments	P	NP	NP	NP	--
F. Restaurants and other retail food services.	P	NP	NP	NP	--
G. Retail uses within enclosed buildings	P	A	NP	NP	--
H. Indoor entertainment facilities	C	P	P	NP	1131.02(q)
I. Laundromat	P	NP	NP	NP	--
J. Veterinary Clinic (kennel as accessory)	P	P	NP	NP	1131.02(dd)
K. Kennel	C	C	NP	NP	1131.02(dd)
L. Drive-thru-facility	P	NP	NP	NP	1131.02(l)
M. Commercial recreation, indoor including health facility	C	P	P	NP	1131.02(q)
N. Commercial recreation, outdoor	C	C	P	NP	1131.02(r)
O. Commercial Planned Development	C	NP	NP	NP	1127.09

Table 1127.02 PERMITTED USE TABLE
	Zoning Districts
	C-1, Commercial District	M-1 Mixed Use	I-1, Light Industrial District	I-2, General Industrial District	Use Specific Standards See Section:
(5) General Commercial Uses
A. Business services, including equipment and maintenance services	NP	P	P	P	--
B. Printing and publishing	NP	P	P	P	--
(6) Vehicle Sales, Service, Storage
A. Car wash	C	C	NP	NP	1131.02(f)
B. Gasoline station	C	C	NP	NP	1131.02(o)
C. Vehicle sales, leasing, rental, storage (autos, trucks, rec vehicles, boats) facility	NP	C	NP	NP	1131.02(cc)
D. Vehicle repair, maintenance	NP	C	P	P	1131.02(bb)
(7) Industrial / Manufacturing
A. Construction trade, contractor’s facility within enclosed building	NP	P	P	P	1131.02(i)
B. Industrial assembly/ fabrication/ processing facility within enclosed building	NP	P	P	P	--
C. Distribution facilities, warehousing and wholesale	NP	P	P	P	1131.02(k)
D. Scientific research, development, training and testing facility	NP	P	P	P	--
E. Heavy Manufacturing	NP	NP	NP	C	1131.02(p)

Table 1127.02 PERMITTED USE TABLE
	Zoning Districts
	C-1, Commercial District	M-1 Mixed Use	I-1, Light Industrial District	I-2, General Industrial District	Use Specific Standards See Section:
F. Nuclear power electrical generation	NP	NP	NP	C	--
G. Sand, gravel and earth removal	C	C	C	C	1131.04
H. Disposal of fly ash	NP	NP	C	NP	1131.05
(8) Civic Facilities
A. Assembly hall, meeting place, cultural facilities	P	P	NP	NP	1131.02(c)
B. Place of worship/church	P	P	NP	NP	1131.02(w)
C. Government facilities, including buildings, structures and grounds	P	P	P	NP	--
D. Educational facilities, day care	P	P	NP	NP	1131.02(h)
E. Public park, playground	P	P	NP	NP	1131.02(v)
F. Wireless Telecommunication Facility	NP	NP	C	C	1131.03
(9) Sexually-Oriented Businesses	NP	NP	C	C	Ch. 731
(10) Accessory Uses
A. Accessory lunchrooms, recreational facilities in association with a permitted use	NP	A	A	A	--
B. Limited retail accessory to an office or industrial use	NP	A	NP	NP	1131.02(x)

Table 1127.02 PERMITTED USE TABLE
	Zoning Districts
	C-1, Commercial District	M-1 Mixed Use	I-1, Light Industrial District	I-2, General Industrial District	Use Specific Standards See Section:
C. Off-street parking and loading facilities	A	A	A	A	1137
D. Outdoor dining associated with a permitted restaurant	P	NP	NP	NP	1131.02(s)
E. Outdoor storage of fleet vehicles	NP	A	C	P	1131.02(t)
F. Outdoor storage of materials and equipment	NP	A	C	P	1131.02(u)
G. Signs	A	A	A	A	1139
(11) Similar Use Determination
P = Permitted by right C = Conditional A= Accessory NP = Use not permitted in district

(Ord. 19-10. Passed 11-7-19.)

1127.03 LOT REQUIREMENTS.

(a) All lots in the Commercial, Mixed-Use and Industrial Districts (C-1, M-1, L-1, and L-2) shall comply with the requirements set forth in Table 1127.03.

(b) The maximum building coverage shall be calculated by dividing the amount of the site that is covered by buildings by the total horizontal area of the lot.

Table 1127.03 Minimum Lot Requirements
	C-1, Commercial District	M-1, Mixed Use	L-1, Light Industrial District	L-2, General Industrial District
(1) Minimum Lot Area	33,000 sq. ft.	2 acres	2 acres	10 acres
(2) Minimum Lot Frontage	100 feet	200 feet	200 feet	200 feet
(3) Minimum Lot Width at building setback	100 feet	200 feet	200 feet	500 feet
(4) Maximum Building Coverage	50%	50%	40%	30%

(Ord. 19-10. Passed 11-7-19.)

1127.04 BUILDING SETBACK REQUIREMENTS.

(a) Principal buildings shall be located on a lot in a manner that maintains the minimum front, side and rear yards set forth in Table 1127.04 for the district in which the lot is located.

(b) Table 1127.04 Building Setback Requirements:

Table 1127.04 Minimum Building Setback Requirements
	C-1, Commercial	M-1, Mixed Use	L-1, Light Industrial District	L-2, General Industrial District
(1) Minimum setback from street right-of-way	75 feet	75 feet	75 feet	200 feet
(2) Minimum setback from side lot line and rear lot line abutting a nonresidential district	20 feet	20 feet	20 feet	150 feet
(3) Minimum setback from side lot line and rear lot line abutting a residential district	50 feet	65 feet	75 feet	150 feet

(Ord. 19-10. Passed 11-7-19.)

1127.05 PARKING SETBACK REQUIREMENTS.

Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified in Table 1127.05 unless otherwise noted.

(a) The area within the parking setback shall be landscaped in accordance with Chapter 1141.

(b) Off-street parking spaces shall be provided in compliance with Chapter 1137.

Table 1127.05 Minimum Parking Setback Requirements
	C-1, Commercial	M-1, Mixed Use	L-1, Light Industrial District	L-2, General Industrial District
(1) Setback from street right-of-way
A. From US 20 right-of-way	20 feet	20 feet	50 feet	50 feet
B. From right-of-way of all other streets	10 feet	10 feet	50 feet	50 feet
(2) Setback from side lot line and rear lot line adjacent to a nonresidential district	5 feet	10 feet	10 feet	20 feet
(3) Setback from side lot line and rear lot line adjacent to a residential district	20 feet	20 feet	20 feet	50 feet

(Ord. 19-10. Passed 11-7-19.)

1127.06 BUILDING SIZE AND HEIGHT REGULATIONS.

Buildings and structures shall comply with the building size and height requirements in Table 1127.06 based on the district in which the lot is located.

Table 1127.06 Building Size and Height Regulations
	C-1, Commercial	M-1, Mixed Use	L-1, Light Industrial District	L-2, General Industrial District
(a) Minimum Building Floor Area	1,200 sq. ft.	2,000 sq. ft.	2,500 sq. ft.	2,500 sq. ft.
(b) Maximum Building Height	45 feet	45 feet	45 feet	45 feet

(Ord. 19-10. Passed 11-7-19.)

1127.07 ACCESSORY USE REGULATIONS.

Accessory uses permitted in any Commercial, Mixed-Use or Industrial District shall conform to the regulations of Chapter 1133, except as otherwise regulated below.

(a) Accessory Buildings. Accessory buildings shall conform to all lot and yard regulations and development plan review and approval requirements of the zoning district in which the parcel or lot is located.

(b) Parking. Off-street parking spaces shall be provided in compliance with the regulations specified in Chapter 1137.

(Ord. 19-10. Passed 11-7-19.)

1127.08 PERFORMANCE STANDARDS.

All uses shall comply with the performance standards set forth hereinafter as a condition

precedent to occupancy and use. Any use already established in such district shall not be altered, added to or otherwise modified so as to conflict with, or to further conflict with, the performance standards set forth hereinafter for the district in which such use is located as a condition precedent to further use. Statements that such uses comply or will comply shall be required, in writing, by the Planning Commission from the owner. In cases of doubt, the Village shall arrange for an independent survey by a professional engineer qualified in the particular field and the costs for such services shall be paid by the owner.

(a) Enclosure. All permitted principal and accessory uses and operations, except off street parking, shall be performed wholly within an enclosed building or building, and all raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings, unless otherwise permitted in Table by the Planning Commission as a conditional use.

(b) Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate firefighting and suppression equipment and devices standard to the operation involved.

(c) Dust; Smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and the quantity deposited at any adjacent lot shall not be detrimental to or endanger the public health, safety, comfort or welfare or adversely affect property values.

(d) Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

(e) Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

(f) Noise. The sound pressure level of any operation on a lot, other than the operation of speakers, bells and motor vehicles, shall not exceed the average intensity of the street traffic noise of the district, and no sound shall be objectionable due to intermittence, beat frequency or shrillness.

(g) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.

(h) Radioactive or Electrical Disturbances. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

(i) Waste Materials. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings except within approved receptacles. Liquid waste shall not be discharged into an open reservoir, stream or other open body of water, or into a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of the State, County or Village. Solid wastes shall not be buried unless such method is approved by the Ohio EPA and a Permit to Install (PTI) has been issued.

(j) Fuel Pumps. Any establishment utilizing fuel pumps on site shall design and erect such pumps to serve vehicles standing entirely inside the boundaries of the premises on which the pumps are located, and shall be located to minimize any potential hazardous on adjacent properties.

(Ord. 19-10. Passed 11-7-19.)

1127.09 COMMERCIAL PLANNED DEVELOPMENT.

In order to encourage flexibility in design, preserve green areas of the Village, promote coordinated, planned commercial development to serve the residents of the Village, promote the economic well-being of the Village, and advance the policies of the North Perry Comprehensive Plan, land may be used in accordance with a commercial development plan approved by the Planning Commission which plan shall meet the following minimum requirements within an area zoned C-1 Commercial.

(a) The total area of land to be known as a Commercial Planned Development shall contain not less than three acres of contiguous land located wholly within the Village.

(b) The development area shall contain one or more buildings used exclusively for uses permitted in the C-1 District as set forth in Table 1127.02 of the Zoning Code.

(c) A commercial neighborhood street (as defined in Section 1155.02(h) and regulated in Chapter 1155) intersects, or is planned to dissect the Commercial Neighborhood Development area proposed. The commercial neighborhood street, if not already extended to the Applicant’s property will be extended in accordance with the Subdivision Regulations of the Village of North Perry and at the cost of the property owner. or when approval from the Village Council is obtained, initially at Village expense and then the cost shall be assessed against the Commercial Neighborhood Development area by the Village.

(d) In considering a proposed Commercial Planned Development, the Planning Commission may allow development to occur and deviate from the provisions dealing with minimum lot frontage, building setback from the street, and rear and side lines set forth in Sections 1127.03 through 1127.06, where deemed appropriate by the Commission in order to provide meaningful and flexible layout of the streets, walkways, sidewalks, parking areas, and commercial buildings in order to create a commercial neighborhood concept not violating the spirit or intent of the Subdivision Regulations and the Zoning Code of the Village in compliance with the following:

(1) A minimum of fourteen feet front, side or rear yard setback from a new street right of way shall be maintained.

(2) The Commission shall require, as part of a Commercial Development Plan, that a twelve (12) foot-wide utility easement be granted by the developer of the Commercial Development on either side of any new right of way for the purpose of installing utilities that would ordinarily not be included in the right of way, such as telephone, communication, cable, gas, and electric lines, cables, pipes, conduits and appurtenances thereto. All such utilities shall be constructed underground throughout the Commercial Planned Development.

(e) In addition to the requirements for development plan review as set forth in Section 1127.10 and prior to any action taken as part of the conditional use review by the Planning Commission as set forth in Chapter 1109, the Commercial Planned Development Plan shall be transmitted to the Village Council for consideration at a minimum of one regularly scheduled Council Meeting, and any comments from Village Council shall be provided to the Planning Commission.

(f) The Commission shall consider the amount, if any, of open space to be preserved and maintained, by deed restriction approved by the Village Solicitor, and may consider retention ponds as one of the methods of creating open space to be preserved for the benefit of the Commercial Planned Development and the Village.

(Ord. 19-10. Passed 11-7-19.)

1127.10 DEVELOPMENT PLAN REVIEW.

All uses, buildings and structures shall be permitted only after a development plan has been

reviewed and approved by the Planning Commission according to the procedures set forth in Chapter 1109.

(Ord. 19-10. Passed 11-7-19.)

1131.01 INTENT.

This Chapter establishes supplement standards that apply to specific uses which are in addition to the general district requirements and conditional use criteria set forth in Chapter 1109.

(Ord. 19-10. Passed 11-7-19.)

1131.02 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES.

This section contains additional standards and requirements that apply to the use type listed, and apply to all zoning districts in which the use is permitted, unless otherwise expressly stated. Any use in this section that is regulated as a conditional use in the district in which it proposed shall also comply with the conditional use approval criteria set forth in Chapter 1109.

(a) Adult family homes and small residential facilities. The following standards shall apply to all adult family homes and small residential facilities.

(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:

A. The resident intends to live at the dwelling on a continuing basis; and,

B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.

(2) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's occupancy permit;

(3) The home/facility shall meet local fire safety requirements for the proposed use and level of occupancy.

(b) Agricultural Uses, including Keeping and Raising Farm Animals and Roadside Stands. The following standards shall apply to all agricultural uses.

(1) Agriculture conducted on a lot in a residential district shall be limited to the raising of fruits, vegetables, or nursery stock for private use, consumption or incidental sale, provided no products shall be sold except those that are produced on the premises, except as may otherwise be permitted in this section.

(2) All agricultural activities related to the raising of fruits, vegetables, or nursery stock shall be located a minimum of 75 feet from the front lot line and 50 feet from the side and rear property lines.

(3) Roadside stands. Any lot that is used for permitted agricultural purposes shall be permitted to have one seasonal roadside stand that is accessory to the agricultural use, provided such roadside stand complies with the following.

A. A roadside stand consisting of temporary and removable structures and roadside sales tables shall not require a zoning permit, provided that the products displayed for sale are agricultural in nature and produced by the occupant on the same lot where the agricultural activities take place.

B. The roadside stand shall be located in the front yard, a minimum of twenty-five (25) feet from the road right of way and shall provide adequate gravel parking area to accommodate customer parking.

C. All signs on the premise of the roadside stand shall comply with Chapter 1139.

D. Use of the roadside stand shall be conducted so that the use is not injurious, dangerous or offensive by reason of odor, dust, smoke, gas, noise, fumes, flame or vibration.

E. Any stand selling products not grown or produced by the occupant shall be deemed a commercial business, shall make application for a zoning permit, and shall only be permitted when located in a zoning district that permits retail sales.

(4) The keeping/raising of farm animals, including chickens, ducks, geese, turkeys, rabbits, small hoofed animals such as sheep and goats, and similar farm animals, and cages, coops and enclosures for the keeping of such animals, shall comply with the following:

A. The minimum lot size required to keep or raise small livestock shall be one acre.

B. The number of hoofed animals that may be kept on a lot shall not exceed one animal per each acre of lot area.

C. A maximum of six (6) farm animals not including hoofed animals may be kept on the property. Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months

D. Coops, Cages and other enclosures. Farm animals not including hoofed animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.

1. The coops and cages housing such animals shall be located in the rear yard, a minimum of 20 feet from a side or rear lot line and a minimum of ten (10) feet from any dwelling unit.

2. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages shall not exceed fifteen (15) feet in height.

3. Enclosures and Fences. Such animals shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the animals on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each such animal.

E. All hoofed animals shall be provided a suitable structure for protection from the weather, and contained in a suitable corral.

1. Any structure used as a shelter for any hoofed animal shall: be set back a minimum of 100 feet from all neighboring inhabited structures; shall not exceed the height of the principal building; shall be permitted in the side or rear yard but not closer than 80 feet to a side or rear lot line; and shall not be closer than 100 feet from a well or other potable water source.

2. Fencing utilized to corral, pen or confine hoofed animals shall be set back a minimum of 20 feet from all property lines.

F. Slaughtering of farm animals is prohibited, and no commercial activity shall be permitted as a result from the keeping of farm animals on the property.

G. The restrictions of this section do not pertain to household pets or companion animals, which are defined as any animal kept inside a residential dwelling and any dog or cat regardless of where it is kept.

H. All facilities must be kept in good repair, maintained in a clean and sanitary condition, and free of vermin, obnoxious smells and substances. The facility will not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health.

I. No storage of compost or manure is permitted in a front or side yard or within twenty (20) feet of the side or rear lot line.

(1) The minimum lot area shall be two acres, and the minimum lot width shall be 200 feet.

(2) Buildings shall be located a minimum of 75 feet from the street right-of-way and 75 feet from side and rear lot lines.

(d) Bed and Breakfast Inns. Bed and Breakfast Inns are unique semi-commercial operations that adapt a residential environment into a lodging concept limited in scope and operation. The regulations presented herein provide a systematic set of requirements to ensure that such operations shall not adversely impact adjacent uses as a result of the commercial aspects of the structure and property. Bed and Breakfast Inns shall be subordinate to the principal use of a single-family dwelling.

(1) In submitting an application for a conditional use permit, the applicant shall provide to the Planning Commission a floor plan illustrating the proposed operation, a site plan indicating all on-site improvements, and any additional information as required by the Planning Commission.

(2) The use shall only be permitted in an existing structure that is currently used, or has previously been used, for residential purposes.

(3) Owner-Operator. The owner/operator of the Bed and Breakfast Inn shall live full time on the Inn’s premises. Such owner/operator shall be the record owner of no less than sixty percent (60%) interest of the property in question.

(4) Guests and Guest Rooms.

A. There shall be no more than four guest rooms within a single-family dwelling that are utilized by bed and breakfast guests.

B. A guest room shall contain no less than 100 square feet of living space, not including closets, for two guests and thirty square feet for additional guests up to a total of four guests per room.

C. Each paying guest may stay at a Bed and Breakfast Inn for not more than nine consecutive nights at any single visit nor more than forty-five nights in any calendar year.

D. Guest Register. A guest register listing the name, address and phone number of all paying guests shall be maintained by the owner/operator and shall be made available, with reasonable notice, for inspection by the Village Zoning Inspector.

(5) Food Service.

A. Only one kitchen facility shall be permitted per structure for which a conditional use permit is granted to operate a Bed and Breakfast Inn. No cooking appliances shall be permitted in individual guest quarters, except for electric coffee pot, refrigerator and/or microwave oven.

B. Meals. Only one meal shall be served to each guest of the Bed and Breakfast Inn and that meal shall be breakfast. The sale of alcoholic beverages to paying guests is prohibited in a Bed and Breakfast Inn.

(6) Bathrooms. A minimum of one full bathroom, including shower, toilet and sink shall be required for every two guest rooms to be available for the exclusive use of bed and breakfast paying guests. Bed and Breakfast Inns shall be serviced by public sanitary sewer and water service.

(7) Parking. Off-street parking spaces shall be provided in compliance with Chapter 1137. Such off-street parking spaces may be provided in an existing driveway.

(8) Employees. Not more than three non-residents of the dwelling may be employed in the operation of a Bed and Breakfast Inn.

(9) Signage. See Chapter 1139

(10) Certificate of Fire and Health Officer. Certificates from the Perry Fire District and the Lake County Board of Health shall be required for each conditional use permit requesting approval for a Bed and Breakfast Inn. Each guest room shall contain a separately installed smoke detector alarm approved by the Fire Officer. No premises shall be utilized for a Bed and Breakfast Inn unless there are at least two separate exits to the outdoors.

(11) Special Gatherings/Events. Rental of the Bed and Breakfast Inn for special gatherings/events, such as wedding receptions and parties, shall require a temporary use permit approved by the Village Planning Commission.

(e) Boarding House/Rooming House. A boarding house or rooming house shall be permitted provided the persons living in the house comply with the definition of family.

(f) Car Wash Establishments. A car wash establishment shall comply with the following:

(1) The facility shall be located in an area covered by a roof.

(2) The area for the facility shall be located on the lot so as to utilize the maximum amount of the lot for the purpose of containing the waiting line of cars prior to the time the cars or other vehicles are actually serviced.

(g) Cemeteries.

(1) The minimum lot area shall be 5 acres and the minimum lot width shall be 200 feet.

(2) Buildings shall be located a minimum of 75 feet from each lot line.

(3) Parking shall not be located in the front yard and shall be a minimum of 20 feet from side and rear lot lines.

(h) Child Day Care Center. A child day care center shall be subject to the following:

(1) The location and design of the facility shall provide for the protection of the patrons from the traffic, noise, and other hazards of the area and/or the arterial street location.

(2) A child day-care home, as defined in the Planning and Zoning Code, is considered a residential use of property for zoning purposes and shall be permitted by right in all residential zoning districts.

(i) Construction Trade/Contractor Facilities shall comply with the following.

(1) Truck routes shall be established for movement in and out of the site in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.

(2) The outdoor overnight parking and storage of any trucks and other equipment shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of seven feet, which must be maintained at all times.

(3) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining residential districts or public streets.

(j) Crematory Facilities shall comply with the following.

(1) The following definitions shall apply for this section:

A. "Cremation" means the technical process of using heat and flame to reduce human remains to bone fragments or ashes or any combination thereof. "Cremation" includes processing and may include the pulverization of bone fragments.

B. "Cremation chamber" means the enclosed space within which cremation takes place.

C. "Cremation remains" means all human remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work or eyeglasses that were cremated with the human remains.

D. "Crematory" means the building or portion of a building that houses the holding facility and the cremation chamber.

E. "Operator of a crematory facility" means the sole proprietorship, partnership, corporation, limited liability company or other business entity responsible for the overall operation of a crematory facility.

F. "Pulverization" means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation process.

(2) The crematory facility shall not be located within 200 feet of any dwelling located in a residential district.

(3) Any person who engages, in whole or in part, in the cremation shall be licensed by the Board of Embalmers and Funeral Directors as provided in Ohio R.C. Chapter 4717.

(4) The operator, owner or any other person involved in the crematory operation shall obtain and show to Planning Commission any and all licenses required by Ohio R.C. Chapter 4717 or any other statute of the State of Ohio.

(5) Access for the unloading of the remains to the crematory shall be in the interior of the crematory.

(6) Landscape screening of the crematory from adjacent properties may be required and a landscape plan approved by Planning Commission.

(k) Distribution Facility, Warehousing and Wholesale Trade.

(1) The minimum lot size shall be three acres, and the minimum lot width shall be 200 feet.

(2) All drive lanes and maneuvering areas shall be constructed of a paved dust-free surface and provided with adequate drain systems to accommodate storm water.

(3) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.

(4) When the site is adjacent to a residential zoning district, a side and rear buffer area of 100 feet shall be maintained and shall be landscaped per plans approved by the Planning Commission.

(5) All vehicular access shall have direct access to an arterial or collector street to minimize impacts on local streets and shall be designed so as not to create an interference with traffic on surrounding public streets.

(l) Drive-Thru Facilities. Drive-thru facilities in association with a permitted principal or conditional use as set forth in the regulations of the district in which such facility is proposed shall comply with the following:

(1) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.

(2) Access drives shall be 100 feet from an intersection; one access drive per street frontage shall be permitted; and interconnecting circulation aisles between parcels shall be provided when practicable.

(3) The Planning Commission may impose restrictions on the hours of operation.

(m) Emergency Care Center. Emergency care centers shall comply with the following:

(1) Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas.

(2) Such uses shall be located in an area least disruptive to pedestrian and vehicular traffic.

(n) Funeral Home.

(1) The minimum lot area shall be two acres, and the minimum lot width shall be 200 feet.

(2) Buildings shall be located a minimum of 75 feet from the street right-of-way and 75 feet from side and rear lot lines.

(o) Gasoline Station. A gasoline station shall comply with the following:

(1) Gasoline stations located on a corner lot shall have not less than 200 feet frontage on each of the two intersecting streets.

(2) Fuel pumps may be erected in a front yard but not less than twenty feet from the public right-of-way.

(3) A canopy may be constructed over the pump island provided the canopy shall be no closer than twenty feet to the right-of-way.

(4) No junk or unlicensed motor vehicles shall be permitted to be parked or stored on the property. No inoperable vehicle shall be permitted to remain on the property for more than forty-eight hours.

(5) All activities provided at gasoline stations, except those required to be performed at a fuel pump, air dispenser, or self-serve automobile vacuum, shall be carried on entirely inside a building.

(6) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per fronting street.

(7) A gasoline station may be combined with any other permitted use provided the parking space requirements for both uses are met.

(p) Heavy Manufacturing. Heavy manufacturing shall comply with the following.

(1) The outdoor storage of any raw materials shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of seven feet, which must be maintained at all times.

(2) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining districts or public streets.

(q) Indoor Commercial Recreation and Indoor Entertainment. Indoor commercial recreation and indoor entertainment facilities shall comply with the following:

(1) The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.

(2) The hours of operation may be regulated by the Planning Commission.

(3) There shall be no outside activities conducted.

(4) All activities shall take place in a fully enclosed sound restrictive building with closed windows.

(5) Public restrooms shall be provided and maintained.

(6) The facility shall meet all county or State of Ohio health, building, electrical and other applicable codes. In case of overlapping codes and/or jurisdictions, the more restrictive shall apply.

(r) Outdoor Commercial Recreation, Public Outdoor Active Recreation Facilities. Outdoor recreation facilities shall comply with the following:

(1) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

(2) All active recreation areas shall be enclosed by a fence having a minimum height of five feet, unless a different enclosure is approved by the Planning Commission.

(3) Access drives shall be located at least 100 feet from an intersection.

(4) All structures including lighting fixtures shall have a maximum height of thirty-five feet.

(5) Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of fire arms shall not be permitted.

(6) Public restrooms shall be provided and maintained.

(7) The hours of operation may be regulated by the Planning Commission.

(s) Outdoor Dining Areas. Outdoor dining areas on a private property shall be regulated as follows:

(1) An outdoor dining area may be allowed as an accessory use to a restaurant with an indoor eating area on the same site; provided, the outdoor dining area shall not replace any off-street parking, loading, or landscaping areas as may be required by this resolution.

(2) The outdoor dining area shall not encroach on the public right-of-way.

(3) Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning certificate.

(4) The use of electronics (e.g., televisions, radios, or speakers) and live entertainment in the outdoor dining area shall not generate excessive noise or otherwise have a negative impact on the surrounding properties.

(t) Outdoor Storage of Fleet Vehicles. Fleet vehicles used in the operation of the principal use may be stored outdoors on the lot in compliance with the following:

(1) The outdoor storage of fleet vehicles shall be located in a side or rear yard in compliance with the parking setbacks set forth in Table 1139.05 for the district in which the lot is located.

(2) The outdoor storage area shall:

A. Not exceed twenty-five percent (25%) of the ground floor area of the principal building;

B. Not occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access;

C. Be paved in compliance with the pavement requirements for parking lots;

D. Be enclosed with a fence having a minimum height of not less than six feet.

(u) Outdoor Storage of Materials. A conditional use permit allowing the outdoor storage of materials may be approved by the Planning Commission in compliance with the following.

(1) The allowance for the outdoor storage of materials shall be restricted to the storage of goods, materials, equipment or products associated with the principal use.

(2) The outdoor storage of the following types of items shall not be permitted:

A. Radioactive, toxic or otherwise hazardous materials.

B. Recycled materials, or used or salvaged metals, vehicles or equipment, or other items that meet the definition of a junk yard or rubbish dump.

C. Over the road trailers used solely for storage;

D. Non-operational vehicles, trailers, trailers without wheels and axles; inoperable trailers;

E. Goods, materials, equipment, vehicles and similar items that are not associated with the principal use of the lot.

(3) Area. The area of the lot devoted to outdoor storage shall not exceed the ground floor area of the principal building.

(4) Location.

A. Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth in the district regulations for the district in which the lot is located, unless otherwise permitted by the Planning Commission.

B. All outdoor storage areas must be contiguous to the principal building.

C. No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.

(5) Areas devoted to outdoor storage shall, at a minimum, be surfaced with gravel or other similar material approved by the Planning Commission.

(6) All storage shall be kept in neat orderly rows, kept free of weeds or other unsightly conditions such as partially ripped off tarpaulins and regularly maintained to ensure that dust does not become a nuisance.

(7) All materials shall be stored in such a manner as to be accessible to firefighting equipment at all times.

(8) Outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets as required in Chapter 1159 and such screening shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street.

(9) Application. Each application shall clearly state the type of goods, materials, equipment or products that will be stored outdoors on the lot and the location on the lot of such outdoor storage.

(v) Publicly owned parks, playgrounds, and other recreational facilities, shall comply with the following additional requirements:

(1) An outdoor playground, tot lot, exercise area or activity area may be located on any size lot, provided that such recreational facilities are not located within a required front, side or rear yard, as specified for the district in which it is located.

(2) Flood lighting and other lighting of playfields, buildings and parking areas shall be located and designed so that the illumination is focused upon the areas or building and to prevent glare upon the surrounding residences.

(3) Outdoor playgrounds, tot lots, exercise areas or activity areas shall be fully enclosed by a fence.

(4) The access points should be located to minimize thru traffic on residential streets.

(5) Outdoor active recreation facilities shall comply with the regulations in Section 1131.02(r).

(w) Places of Worship and Educational Facilities, are subject to the following:

(1) The minimum lot area shall be two acres and the minimum lot width shall be 200 feet.

(2) Buildings shall be located a minimum of 75 feet from the street right-of-way and 75 feet from side and rear lot lines.

(3) When located in the R-1 District, parking shall not be located in the front yard and shall be a minimum of 20 feet from side and rear lot lines.

(4) In any district, the Planning Commission may require (when appropriate) all outdoor children's activity areas to be completely fenced to minimize traffic hazards.

(x) Retail Sales (Limited) as an Accessory Use. Principal uses in the applicable zoning district may include limited retail sales as an accessory use provided:

(1) The floor area dedicated to retail sales is less than 10% of the total building floor area;

(2) The retail sales take place in the principal building; and

(3) The retail sales are related to the services rendered, products stored, or products produced as part of the principal use.

(y) Short Term Rental of Single-Family Dwelling. Use of a single-family dwelling for short term rental shall comply with the following regulations:

(1) In submitting an application for a zoning permit, the applicant shall provide to the Zoning Inspector a floor plan illustrating the proposed operation, a site plan indicating all on-site improvements, and any additional information as required by the Zoning Inspector.

(2) Local Property Representative. The property owner shall designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of:

A. Responding within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental; and

B. Taking remedial action to resolve any such complaints. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file at the village. The failure to provide the contact information, failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of the zoning permit.

(3) Occupancy. Maximum occupancy of the rental shall be based on the International Building Code standards. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy.

(4) Restrictions on Use. The property owner shall not permit a renter to use a short-term rental for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fundraiser, sponsored event, or any similar group activity.

(5) Parking. Use of the property as a short term rental shall not result in increased demand for parking beyond that which is normal to a residential area nor unusual or excessive traffic to and from the premises.

(6) Signage. No outdoor advertising signs related to the short term rental dwelling shall be allowed on the site.

(7) The property owner shall be responsible for the following:

A. Ensuring that weekly solid waste collection is provided during all months that a short term rental is used for short-term rental occupancy. Weekly solid waste collection shall not be on the basis of as-needed service, but ongoing weekly solid waste service even when the unit might be unoccupied.

B. Providing an operating “land line” telephone in the unit for emergency notifications.

C. Maintaining a guest register listing the name, address and phone number of all paying guests. The owner/operator shall make the guest register available, with reasonable notice, for inspection by the Village Zoning Inspector.

(8) Informational Packet. A packet of information shall be provided to renters and posted conspicuously in the common area of the short-term rental summarizing guidelines and restrictions applicable to the short-term rental use, including:

A. The short term rental’s maximum occupancy.

B. Applicable noise and use restrictions;

C. Location of assigned off-street parking, if applicable.

D. Twenty-four (24) hour contact information for the property owner or local representative.

E. Renter responsibilities, which shall at minimum include: Do not trespass on private property; Do not litter; and Do not create a noise disturbance.

F. Notification that the renter is responsible for complying with these regulations and that the renter may be cited or fined by the village for violating any provisions of the Planning and Zoning Code.

(9) Insurance. The property owner shall maintain on file at the village an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term rental.

(10) Certificate of Fire and Health Officer. Certificates from the Perry Fire District and the Lake County Board of Health shall be required for each zoning permit. Each guest room shall contain a separately installed smoke detector alarm approved by the Fire Officer. No premises shall be utilized for a short term rental unless there are at least two separate exits to the outdoors.

(z) Single-Family Occupancy of Existing Dwelling. In the C-1 and M-1 Districts, existing single-family dwellings may be permitted to be occupied as a residence according to the following:

(1) The existing dwelling was constructed prior to 2005, and has been maintained as a residential use since 2005.

(2) The existing dwelling is located adjacent to one or more existing dwelling units.

(3) The use of the dwelling as a primary residence will not impede the normal and orderly development and improvement of the surrounding property for uses permitted by right in the district.

(aa) Skilled Nursing, Rehabilitation Facility, Assisted Living Facility. A skilled nursing, rehabilitation, and/or assisted living facility shall comply with the following:

(1) Allowable Uses.

A. Clinical care services covering short term and long term care and in-patient rehabilitation.

B. Assisted living facilities, which for the purposes of this Section shall be residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment.

(2) Development Standards:

A. Unless otherwise specified below or altered by the Planning Commission, the use shall comply with the development standards of the district in which it is located.

B. The minimum lot area shall be two (2) acres, and the minimum lot width shall be 200 feet.

C. Impervious surfaces, including areas devoted to buildings and pavement, shall not occupy more than sixty percent (60%) of the lot.

(3) The inclusion of such land use shall not discourage the appropriate development or impair the value of existing or proposed industrial development in the area surrounding the subject development.

(bb) Vehicle Repair and Maintenance. The repair and servicing of vehicles shall comply with the following:

(1) Vehicle parking areas, equipment storage areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site.

(cc) Vehicle sales, leasing, rental and storage facility shall comply with the following:

(1) The minimum lot area shall be two acres and the minimum lot width shall be 200 feet.

(2) The minimum building area shall be 5,000 square feet and there shall be sufficient building area to include space for offices.

(3) The minimum setback for pavement shall be 20 feet from the street right-of-way. The open space between the right-of-way and the pavement shall be landscaped and maintained in accordance with Chapter 1141.

(4) Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a plan approved by the Planning Commission.

(5) Only vehicles that are in good repair, fully operational, and with no missing parts or damage shall be permitted to be displayed or stored outdoors.

(dd) Veterinary Clinics and Kennels. A veterinary clinic shall be located in a building having adequate sound proofing and odor control. Kennels, when permitted by the Planning Commission shall be located on the lot so as not to disturb adjacent residential properties.

(ee) Work/Live Units. In order to encourage greater utilization of existing residential structures in the M-1 Mixed Use Commercial and Light Industrial District and to promote the economic well-being of the Village, existing residential structures may be used in accordance with a commercial development plan approved by the Planning Commission, provided such plan shall comply with the following requirements:

(1) As used in this ordinance, a "work/live unit" means a structure that combines a commercial or manufacturing activity permitted in Table 1127.02 with an accessory residential living space for the owner of the commercial or manufacturing business and that person's household.

(2) Only existing residential structures shall be permitted to be occupied as a work/live unit.

(3) In order to reside on the premises of a work/live unit, the residential owner shall be the primary person responsible for the commercial or manufacturing activity performed. Additional persons may be employed by the commercial or industrial enterprise, but only family members shall be permitted to reside on the premises.

(4) Within each work/live unit, the living area shall not exceed forty-nine percent (49%) of the total floor area of the unit.

(Ord. 19-10. Passed 11-7-19.)

1131.03 WIRELESS TELECOMMUNICATIONS FACILITY, ANTENNAS AND TOWERS.

(a) Wireless Telecommunications Facility.

(1) Definitions.

A. Collocation. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

B. Lattice tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

C. Monopole. A support structure constructed of a single, self- supporting hollow metal tube securely anchored to a foundation.

D. Open Space. Land devoted to conservation or recreational purposes and/or land designed by a municipality to remain undeveloped (may be specified on a zoning map).

E. Telecommunication. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

F. Wireless telecommunications antenna. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

G. Wireless telecommunications equipment shelter. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

H. Wireless telecommunications facility. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

I. Wireless telecommunications tower. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(2) A wireless telecommunications facility which includes a tower may be permitted as a conditional use in the P-1, I-1 and I-2 Districts or, if the applicant satisfies the requirements of subsections 1131.03(a)(3) and 1131.03(a)(6) set forth below, in any residential (R-1) district on either institutionally used property or within a high tension power line corridor. In order to be considered for review in any of the above-described zoning districts, the applicant must prove that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible, as set forth in subsection 1131.03(a)(4)E., below.

(3) In applying for a permit for a wireless telecommunications facility on any institutionally used property in a residential district, the applicant must present substantial evidence, in seeking a conditional use permit from the Planning Commission as to why it is not technically feasible to locate in a more appropriate non-residential zone. For purposes of this Zoning Code, institutional use shall include, but not be limited to, the following: Church, Park, Library, Municipal/Government, School, Hospital/Clinic. Applicant must demonstrate it has exhausted all reasonable efforts to locate in a non-residential zone prior to being approved in a residential zone.

(4) The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located:

A. When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale not less than 1" is equal to 100' shall be submitted. This plot shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

B. Security fencing 8 feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.

C. The following buffer plantings shall be located around the perimeter of the security fence as deemed appropriate by the Planning Commission: An evergreen screen shall be planted that exists of either a hedge, planted 3 feet on center maximum, or a row of evergreen trees planted 5 feet on center maximum.

D. Existing vegetation (trees and shrubs) on the proposed site for the location of the wireless telecommunication facility shall be preserved to the maximum extent possible.

E. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contact and provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant’s letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

F. Any application to locate an antenna on a building or structure that is listed on an historical register, or is in an historic district shall be subject to review by the Planning Commission. Any new building or structure that is part of a wireless telecommunications facility shall be subject to review by the Planning Commission.

G. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

H. No advertising is permitted anywhere on the facility, with the exception of identification signage, which shall be limited to setting forth the name, address and phone number of the company operating the facility. Signage shall be located on the exterior of the wireless telecommunications equipment shelter, shall be located near the entrance to such shelter and shall not exceed twelve (12) square feet of signage area.

I. All providers utilizing towers shall present a report to the Zoning Inspector notifying him of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of any facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. If this facility is abandoned it shall be presumed to be a nuisance affecting or endangering surrounding property values, and being detrimental to the public health, safety, convenience, comfort, and general welfare of the community and shall be abated. The Zoning Inspector shall then give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or its last known address, or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within 60 days either by placing the facility in operation in accordance with this section, adapting and using the facility for another permitted use, or by razing the facility. Upon failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take such action as may be necessary to abate said nuisance. If reactivation or dismantling does not occur, the Municipality may remove or contract to have removed the facility and assess the owner/operator the cost. If said owner/operator fails within 30 days to reimburse the Village such costs, the bond or cash deposit required under subsection 1131.03(a)(7)D., below may be utilized.

J. No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 feet and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.

K. “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.

L. Applicant will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.

M. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.

N. Underground equipment shelters are encouraged especially in non- industrial districts, and may be requested by the Planning Commission. In the event of collocation, all additional wireless telecommunications equipment shelters shall either be shared with all other providers utilizing the wireless telecommunications facility, or in the event such facility sharing is not feasible, any additional wireless telecommunications equipment shelters shall be attached to any existing shelter and shall be constructed of similar materials and utilize a design similar to any existing shelter located on such property.

O. Any wireless telecommunications tower to be located within the Municipality shall be either a monopole or a lattice tower which does not utilize guy wires. A wireless telecommunications tower which is supported by guy wires shall only be permitted if the applicant can prove that a monopole or lattice tower not requiring guy wires is not reasonably feasible, due to non-economic reasons, such as specific site conditions, or is required to provide wireless communications to a specific area that cannot be served by a guyless monopole or lattice tower. In the event guy wires are required to support the wireless telecommunications tower, the guy wires shall be considered part of the wireless telecommunications facility and shall meet all setback and yard requirements.

(5) Wireless telecommunications facilities proposed for industrial and park districts and for locations on either institutional use property in a residential zone or within high tension power line corridors in a residential zone are subject to the following additional conditions:

A. Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

1. Yard requirements:

(a) Tower - the minimum distance to any single-family or two-family residential use or district lot line shall be 300 feet.

(b) Equipment Shelter - shall meet all minimum setbacks/yard requirements for the district.

2. Maximum Height:

(a) Tower – 200 feet (includes antenna)

(b) Equipment Shelter - shall not exceed maximum height for buildings within the district.

3. Maximum size of equipment shelter: 300 square feet for a single shelter or, if there is more than one, 750 total square feet.

B. Combined with another use - a wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:

1. The existing use on the property may be any permitted use in the district or any lawful non-conforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a non-conforming use.

2. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).

3. Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guide wires, if used), the equipment shelter, security fencing and buffer planting.

4. Minimum yard requirements:

(a) Tower. The minimum distance to any single family or two family residential use or district lot line shall be 300 feet.

(b) Equipment shelter shall comply with the minimum set back requirements for the primary lot.

5. Access. The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

6. Maximum height:

(a) Tower – 200 feet (includes antenna)

(b) Equipment shelter shall not exceed the maximum height for buildings within the district.

7. Maximum size of equipment shelter: 300 square feet for a single shelter, or, if there is more than one, 750 square feet.

C. Combined with an existing structure. Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

1. Maximum height 20 feet or 20% of the building height above the existing building or structure, whichever is greater.

2. If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:

(a) The minimum setback requirements for the subject zoning district.

(b) A buffer yard shall be planted in accordance with Section 4(C)(1).

(c) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

(d) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

(6) Residential District. Wireless telecommunications facilities that include towers are not permitted in any R-1 District, with the exception of placement on any property with an institutional use or within a high tension power line corridor as described hereinabove. However, antennas attached to existing buildings or structures are permitted. In addition to placement on any property with an institutional use or within a high tension power corridor, if the appropriate conditions required herein are satisfied, a wireless telecommunications facility may be located in a residential district subject to the following conditions:

A. General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This provision shall apply to subsection 1131.03(a)(6) B., C., D., and E. below.

B. Combined with a non-residential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use of the district; including, but not limited to, a church, a municipal and governmental building or facility, agriculture building, and a building or structure owned by a utility. The following conditions shall be met:

1. Maximum height – 20 feet above the existing building or structure,

2. If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:

(a) The shelter shall comply with the minimum set back requirements for the subject zoning district.

(b) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

(d) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

C. Located on a non-residential-use property. A tower to support an antenna may be constructed on a property with a non-residential use that is regulated as a conditional use within the district, including but not limited to a church, school, municipal or government building, facility or structure, and a utility use, subject to the following conditions:

1. The tower shall be set back from any property line abutting a single family or a two-family residential zoned or used lot by 300 feet.

2. The maximum height:

(a) Tower – 200 feet (includes antenna)

(b) Equipment shelter - shall not exceed the maximum building height for the district.

3. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

4. Vehicular access to the tower and equipment shall, whenever feasible, be provided along the circulation driveways of the existing use.

5. In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least 2.5 acres.

D. Located in open space. A wireless telecommunications facility is permitted on land that has been established as a permanent open space, or a park subject to the following conditions:

1. The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization, or a private-non-profit conservation organization.

2. Maximum height:

(a) Tower – 200 feet (includes antenna)

(b) Equipment shelter - shall not exceed the maximum building height for the district.

3. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

4. The tower shall be set back from any residential property line 300 feet.

(7) Criteria for a conditional use. In order to be considered for a conditional use review, and approval by the Planning Commission, the applicant must prove that a newly-constructed tower is necessary to provide wireless communications to a specific service area and that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for conditional use review and approval:

A. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

B. The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

C. Where the telecommunications facility is located on the property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.

D. As a condition of approval, the Planning Commission shall establish the amount of a bond, with a surety company approved by the Village’s Solicitor, or cash deposit, in an amount to be determined by the Planning Commission which shall be intended to guarantee the cost of the removal of the wireless telecommunications facility in the event the facility is declared abandoned by the Zoning Inspector pursuant to subsection 1131.03(a)(4) I., herein.

E. The applicant shall make reasonable accommodation to provide for a collocation of additional antennas to be placed on the tower, when the tower will exceed 100 feet in height.

(8) Regardless of the zoning district where a wireless communications facility is proposed as a conditional use, it shall meet the following minimum standards and be subject to the stricter of the regulations in the event of any conflict with any other Zone Code regulation (except the maximum height may be 200 feet):

A. Minimum lot area (acres): 1

B. Minimum lot width (feet): 100

C. Minimum front yard (feet)*: 100

D. Minimum side yard (feet)*: 50

E. Minimum rear yard (feet)*: 50

F. Maximum height (feet): 200

* All wireless telecommunications towers shall be located a minimum distance from property line boundaries at least equal to the height of the structure, plus the width of the base of the structure, measured at its point of connection to the ground plus fifteen (15) feet.

(9) Conditional Use Review and Approval. Any applicant for a wireless telecommunication facility shall submit a written request to the Zoning Inspector, requesting that the applicant’s request be considered by the Planning Commission for conditional use review and approval. The applicant shall be obligated to comply with all prerequisites set forth in this Section 1131.03 of the Zoning Code before the Zoning Inspector shall refer such matter to the Planning Commission for conditional use review and approval. The Planning Commission, after determination by the Zoning Inspector that all prerequisites for submission have been properly submitted by the applicant, shall set a date for a Public Hearing in accordance with Chapter 1109 of the Zoning Code. The notice shall be provided to all property owners as required by Chapter 1109 of the Zoning Code. After the hearing, the Planning Commission shall recommend either approval, approval with conditions, disapproval, or request additional information and documentation from the applicant if the Planning Commission deems it necessary prior to rendering its decision. The Planning Commission may grant the application for a conditional use permit if the applicant meets all of the requirements set forth in the Zoning Code and if the Planning Commission makes the following findings:

A. The relationship of the wireless telecommunication facilities to public streets, public uses, utilities, and similar facilities will not unduly impair the delivery of required services to Village residents and will not interfere with the flow of traffic, particularly in the event of an emergency.

B. The facilities will be constructed in such a manner as to minimize adverse effects upon adjacent development and any abutting or adjacent residential districts.

C. Adequate provisions for screening of the wireless telecommunications facilities from surrounding properties, based on present or proposed use of surrounding properties, by landscaping and/or ornamental walls will be provided by the applicant, and any guarantees, bonds or deposits required by the Planning Commission are delivered to the Solicitor, and all fees and deposits to cover expenses of the Village in processing the conditional use permit, including a fee of one thousand dollars ($1,000.00) to issue the conditional use permit.

D. All sites shall provide adequate access for fire, police and rescue equipment.

(b) In order to comply with FCC Regulations (including 47CFR1.4000 as in effect on September 15, 1997) notwithstanding the fee requirements of Section 1103.03 of the Zoning Code, no permit fee shall be required to obtain a permit to install an antenna that is designed to receive direct broadcast satellite service or an antenna that is designed to receive video programming services via multi-point distribution services, including multichannel, multi point distribution services, instructional television fixed services, and local multi-point distribution services, when all of such antennas are one (1) meter or less in diameter or diagonal measurement, or any antenna that is designed to receive television broadcast signals. Any restrictions contained in this Zoning Code shall not be interpreted or enforced in such a manner as to impair installation, maintenance or use of such antennas and no such regulation shall be interpreted or enforced to unreasonably delay or prevent installation, maintenance or use of such antennas, unreasonably increase the cost of installation, maintenance, or use of such antennas or preclude reception of an acceptable quality signal.

(c) Except as set forth in Section 1131.03(a) and (b), all antennas, satellite dishes and towers shall require a zoning permit. No satellite dish or antenna that is greater than one (1) meter in diameter or diagonal measurement shall be erected or located in any district unless a zoning permit has been obtained. All satellite dish antennas in excess of one (1) meter in diameter or diagonal measurement shall be permitted accessory uses in residential, commercial and industrial districts. Any such antenna less than or equal to one (1) meter in diameter or diagonal measurement or an antenna designed to receive television broadcast signals may be located anywhere on a lot the owner or occupant deems necessary to receive an acceptable quality signal. Communication towers and transmission towers utilized by the commercial or industrial use located on the site where the tower is located shall be permitted as an accessory use in such districts and subject to the height and yard limitations of buildings and structures in such districts.

(d) Satellite dish antennas greater than one (1) meter in diameter or diagonal measurement, shortwave and receiving antennas other than for television broadcast signals located or erected as separate structures shall comply with minimum lot area, lot width, setback and rear yard clearance requirements, height maximums, and corner lot requirements for the district in which the structure is located or erected. No satellite dish antenna, shortwave or receiving antenna, (other than an antenna for receiving television broadcast signals), in excess of one (1) meter in diameter or diagonal measurement, shall be permitted in the front yard of any lot. No variance to a minimum lot area, lot width, setback, side or rear yard clearance requirements shall be granted for any satellite dish antenna in excess of one (1) meter in diameter or diagonal measurement, unless the applicant first proves to the Planning Commission the antenna cannot be located or erected on already existing buildings or structures or towers so as to comply with such regulations for the district in which such structure is located or erected. No satellite antenna in excess of one (1) meter in diameter or diagonal measurement shall be mounted directed upon the roof on a primary or accessory structure and shall not be mounted upon apertures such as chimneys, trees, utility pools or spires, unless the applicant proves to the satisfaction of the Planning Commission that an acceptable quality signal is precluded unless the antenna is erected on such portion of a structure.

(e) No antenna erected, placed or altered in any district shall exceed any height limit specified by the Federal Aviation Administration or the Federal Communications Commission unless preempted by Federal Law. No windmills, antenna towers where the antenna is more than one (1) meter in diameter or diagonal measurement, microwave relay towers, and similar towers shall be located closer to any lot line than a distance equal to the height of such structure plus 15 feet. (Ord.19-10. Passed 11-7-19.)

1131.04 SAND, GRAVEL AND EARTH REMOVAL.

(a) Conditional Use Permit.

(1) Surface excavation of sand, gravel or other earth materials may be permitted only under a conditional use permit that may be granted only after due consideration has been given to the effects such excavation will have upon the surrounding lands. A request for such a conditional use may be permitted in any commercial or industrial district within the Village under specific conditions and stipulations as shall be determined by the Planning Commission.

(2) Further, the conditional use may be permitted only after the Planning Commission has determined that there has been conformance with the procedures, standards and provisions set forth in this section as well as all pertinent provisions of the Ohio Administrative Code.

(b) Information and Plans. In addition to the submission requirements for conditional uses set forth in Chapter 1109, the applicant for a conditional use permit to excavate sand, gravel or other earth materials shall file with the Village Zoning Inspector and Village Engineer, detailed plans and maps prepared by a registered engineer which shall clearly show the following:

(1) The total property of which the excavated area is a part.

(2) The location and owners of record of all properties within 500 feet of the applicant property.

(3) Names and locations of roads and natural features within 500 feet of the applicant property.

(4) A geological survey to show that the depth of excavation will not unreasonably disturb the existing water table, water quality or drainage area of applicant's property and adjacent lands within 500 feet of the applicant property.

(5) The proposed final topography of the land after excavation has been completed, indicating by contour lines of no greater interval than ten (10) feet, on a map with a scale of one (1) inch equals fifty (50) feet.

(6) The drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainage ways, natural waterway used for drainage, and the streams or tributaries receiving or to receive this drainage.

(7) A plan for reclamation showing the grass, both in amount and type, trees and shrubs and other ground cover to be planted in the excavated area.

(8) The dates that the land or any portion thereof will be restored in accordance with the plans submitted.

(9) The depth of such excavation below the natural grade.

(10) The amount of material to be removed in each phase and over the total duration of the operation.

(11) A work schedule setting forth the proposed time limits within which the operation will be commenced and completed showing the daily hours of operation, proposed haul roads if over-the-road vehicles are employed, methods of traffic control, methods of maintenance to insure that public rights of way are kept undisturbed, clean and safe along or in the vicinity of the proposed haul roads from or to the land involved.

(c) Minimum Area. The area proposed for excavation under this section shall comprise no less than twenty-five (25) contiguous acres, except there shall be no minimum acreage requirements if the finished grade after removal will be no lower than that of the adjoining properties.

(d) Exceptions. This section does not apply to North Perry Village Subdivision Regulations, normal site preparation, excavation of basements, or the construction of oil, water and gas wells in conjunction with structures otherwise permitted by the Planning and Zoning Code.

(e) Overburden. This section applies to the removal of overburden for the purpose of determining the location, quality or quantity of a mineral deposit.

(f) Operator. For purposes of enforcing this section an operator is defined as any person, partnership, corporation or other entity engaged in surface mining or who removes or intends to remove sand, gravel, earth materials, minerals, incidental coal or overburden.

(g) Structures. All structures shall conform as to location, size and appearance with the structures in the use district in which the excavation operation is located.

(h) Restrictions.

(1) General. No sand, gravel or other earth material shall be removed, excavated or extracted nearer than fifty (50) feet of horizontal distance from the edge of:

A. Any road, street, highway, alley or other thoroughfare;

B. Any P-1 Park District or C-1 Commercial property lines; or

C. A North Perry Village Municipal boundary line.

(2) Residential. No sand, gravel or earth material shall be removed, excavated or extracted nearer than 200 feet of horizontal distance to any Class "R-1" residential district property lines, or such lesser distance as the Planning Commission may decide, depending upon the unique character of the land.

(i) Landscaped Area. Unless otherwise determined by the Planning Commission, a landscaped strip with a minimum depth of fifty (50) feet shall be planted with grass and landscaped with year-round vertical green combination of shrubs and trees so as to shield the excavation operation from any adjacent property. In the event that the terrain or other natural features serve the intended purpose of providing a visual screen year round, then no other planting screen and landscaping shall be required.

(j) Planting. There shall be only such processing or manufacturing of sand, gravel and earth materials on the premises as is consistent with the surrounding uses. The area to be excavated shall be planted after the excavation has been completed with grass, trees and/or shrubs sufficient to cover the land and prevent erosion.

(k) Bond. The applicant for such a permit shall also file with the Zoning Inspector a bond payable to the Village of North Perry with sureties approved by Council in an amount that shall be determined by the Planning Commission to be fair and reasonable in light of the extent, nature and duration of the subject operation but, in no event shall such bond be an amount less than five thousand dollars ($5,000) per acre, or any portion of an acre, of the land to be excavated, and conditional upon the applicant faithfully restoring the land to be excavated, as the contour map submitted with the application indicates, and upon the applicant providing the drainage shown upon the map submitted with the application, and upon the applicant planting grass, trees and shrubs as shown on the plan submitted with the application.

(l) Slope. The maximum slope of any excavation shall be two-to-one.

(m) Professional Review. If, during the review of the conditional use according to Chapter 1109, the Planning Commission deems it necessary, it shall have the plan reviewed by a professional geologist, soil scientist, engineer or other qualified professional to determine if the water table will be "drawn down" to adversely affect water well capacity of neighboring properties, if water quality will be affected, and otherwise comment on the plan. The fee(s) for such services shall be paid by the applicant.

(n) Annual Report. On each annual anniversary of the issuance of the conditional use permit and when the land has been restored in accordance with the application and plans, the permit holder shall file with the Zoning Inspector a report showing the amount of sand, gravel or other earth material removed and the depth and extent of the evacuation. Such report shall further set forth that portion of the land that has been restored in accordance with the approved plan submitted with the application for the conditional use permit. At such time as the Zoning Inspector finds that the land has been restored in accordance with the approved plan, submitted with the application for a permit, he shall recommend to Council the release of the bond for each acre or portion thereof so restored.

(o) Bond Forfeiture. In the event that the land is not restored in accordance with the approved plan as determined by the Zoning Inspector, at the time stated in the permit or any extension thereof granted by the Planning Commission for good cause shown, cause shown, or if the applicant fails to file the plan approved by, or the conditions stipulated by the Planning Commission. Council shall declare the conditions of the bond forfeited and proceed to cause the land to be restored in accordance with the approved plan submitted by the applicant charging such cost to the bond. In the event the cost of restoring the land under the conditions of this section exceeds the bond covering such restoration, the additional costs shall be charged as a lien against the property.

(p) Impounding of Water. The Planning Commission, in addition to the other powers granted to it by this chapter, shall have the authority to allow the permanent impounding of water in such an excavation upon a finding that such a pond or lake will not be a health danger or safety hazard, and in permitting such a pond or lake may require certain conditions and/or requirements to be satisfied, including that it be fenced or otherwise protected so that it will not become a nuisance.

(q) Additional Conditions. The Planning Commission shall attach such further conditions to the granting of the subject permit as it deems reasonable and necessary to:

(1) Secure conformity with the standards set forth herein;

(2) Insure that the excavation is harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

(3) That the proposed use will not change the essential character of the area;

(4) The proposed use will not be hazardous or disturbing to existing or future neighboring uses; and

(5) Insure that the proposed use will not be detrimental to the welfare of the community.

(Ord. 19-10. Passed 11-7-19.)

1131.05 DISPOSAL OF FLY ASH.

(a) Conditional Use Permit.

(1) The disposal of fly ash shall be permitted within the Village of North Perry only under a conditional use permit that may be granted only after due consideration has been given to the effects upon the subject land and the surrounding same. Such disposal shall not be permitted by right. Such conditional use may be permitted under specific conditions and stipulations and only in an I-1 Industrial Zoning District.

(2) Further, such conditional use may be permitted only after the Planning Commission has determined that there has been conformance with the procedures, standards and provisions set forth in this section as well as all pertinent provisions of the Ohio Administrative Code relating to the disposal of solid waste.

(b) Information and Plans. In addition to the submission requirements for conditional uses set forth in Chapter 1109, the applicant for a conditional use permit to dispose of fly ash shall file with the Village Zoning Inspector and Village Engineer, the following additional information, together with detailed plans and maps prepared by a registered engineer which clearly set forth the following:

(1) The total property of which the disposal area is a part.

(2) The location, name and address of the owners of record of all properties within 500 feet of the subject property.

(3) The names and locations of roads and natural features within 500 feet of the subject property.

(4) The proposed final topography of the land after excavation and disposal have been completed, indicating by contour lines of no greater interval than ten (10) feet, on a map with a scale of one (1) inch equals 200 feet, and the highest permissible elevation in the disposal area shall not be greater than five (5) feet above the surrounding terrain.

(5) The drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainage ways, natural waterways used for drainage, and including provisions for the containment of the fly ash so leaching will not occur.

(6) A suitable, compacted cover material of not less than twelve (12) inches shall be placed over the fly ash within three (3) days of same being unloaded, or sooner if blowing of the material needs to be controlled.

(7) A plan for the reclamation showing the grass, both in amount and type, trees and shrubs and other ground cover to be planted in, over and around the subject disposal area.

(8) An appropriate plan for the monitoring of particulate matter that may be suspended in the atmosphere within 500 feet of the subject property during hours of operation as well as other appropriate times.

(9) Evidence that applicant has obtained from a qualified insurance carrier an appropriate policy of public liability insurance in an amount of not less than one million five hundred thousand dollars ($1,500,000) that shall be and remain in effect during the subject fly ash disposal operation.

(10) A work schedule setting forth the proposed time limits within which the operation will be commencing, completed showing the daily hours of operation, proposed haul roads if over-the-road vehicles are employed, methods of traffic control, methods of maintenance to insure the public rights-of-way are kept undisturbed, clean and safe along or in the vicinity of the proposed haul roads, from or to the land involved as well as final seeding, planting and landscaping dates.

(11) Evidence that applicant has obtained all permits required by the Ohio Environmental Protection Agency, Ohio Department of Transportation, the Public Utilities Commission of Ohio and any relevant provisions of the Ohio Administrative Code and/or any other applicable governmental agencies.

(c) Bond. The applicant for such permit shall also file with the Zoning Inspector a bond payable to the Village of North Perry with sureties approved by Council in an amount that shall be determined by the Board of Zoning Appeals to be fair and reasonable in light of the extent, nature and duration of the subject operation but, in no event shall the bond be an amount less than five thousand dollars ($5,000) per acre, or any portion of an acre, of the land to be used as a disposal site, and same shall be conditioned upon the applicant:

(1) Faithfully restoring the land to be used as a disposal site as the contour map submitted with the application indicates.

(2) Upon the applicant providing the drainage shown upon the map submitted with the application.

(3) Upon the applicant planting grass, trees and shrubs as shown on the plan submitted with the application.

(d) Annual Report. On each annual anniversary of the issuance of the conditional use permit and when the land has been restored in accordance with the application and plans, the permit holder shall file with the Zoning Inspector a report showing the amount of fly ash having been disposed of therein. Such reports shall further set forth the portion of land that has been restored in accordance with the approved plan submitted with the application for conditional use permit at such time as the Zoning Inspector finds the land has been restored in accordance with the approved plan, submitted with the application for a permit he shall recommend to Council the release of the bond for each acre or portion thereof so restored.

(e) Professional Review. If, during the review of the conditional use according to Chapter 1109, the Planning Commission deems it necessary, it shall have the submitted plan reviewed by a professional geologist, soil scientist, engineer or other qualified professional to determine if the water table will be “drawn down” to adversely affect water well capacity of neighboring properties, if water quality will be affected, and otherwise comment upon the plan. The fee(s) for such services shall be paid by the applicant.

(f) Bond Forfeiture. In the event that the land is not restored in accordance with the approved plans as determined by the Zoning Inspector at the time stated in the permit or any extension thereof fails to file the annual report required in Section 1131.05, or if the applicant deviated from the plan approved by or the conditions stipulated by the Planning Commission, Council shall declare the conditions of the bond forfeited and may terminate any further disposal operation or may proceed to cause the land to be restored in accordance with the approved plan submitted by the applicant charging such cost to the bond. In the event the cost of restoring the land under the conditions of this section exceeds the bond covering such restoration, the additional costs shall be charged as a lien against the property.

(g) Restrictions. No fly ash shall be disposed of nearer than fifty (50) feet of horizontal distance from:

(1) The edge of any street, roadway, alley or other thoroughfare.

(2) Any property line.

(3) A North Perry Village Municipal boundary line.

(h) Additional Conditions. The Planning Commission shall attach such further conditions to the granting of the subject permit for disposal of fly ash as it deems reasonable and necessary to:

(1) Secure conformity with the standards set forth herein.

(2) Insure that the disposal operation is harmonious and appropriate in appearance with the existing or intended character of the general vicinity.

(3) Insure that the proposed use will not change the essential character of the area.

(4) Insure the proposed use will not be hazardous or disturbing to existing or future neighboring uses.

(5) Insure that the proposed use will not be detrimental to the welfare of the community.

(Ord. 19-10. Passed 11-7-19.)

1133.01 GENERAL PROVISIONS FOR ACCESSORY USES AND STRUCTURES.

All accessory uses and accessory structures shall conform to the applicable requirements of this Planning and Zoning Code. The provisions of this Chapter contain general regulations for Accessory Uses and Structures and additional regulations for particular Accessory Uses and Structures.

(a) Permit Required.

(1) Unless otherwise stated in this section, a zoning permit shall be required prior to construction or establishment of an accessory use or structure.

(2) Small accessory structures that do not exceed 20 square feet in gross floor area, shall be exempt from the provisions of this section.

(b) Relationship to Principal Use/Building.

(1) The structure or use shall be incidental to and customarily found in connection with a principal building or use permitted in the district in which it is located.

(2) The structure or use shall be located on the same lot as the principal use for which it serves.

(3) An accessory use or structure shall not be established unless a principal use has first been established on a site in conformance with the applicable provisions of this zoning resolution.

(1) Accessory structures used for agricultural purposes shall be exempt from these regulations, except for setback requirements. To be exempt, the building shall be one that is necessary for, or customarily used in conjunction with, the specific agricultural use that is active on the property. Such structures include, but are not limited to, barns, greenhouses, and other buildings that are specifically designed for agricultural uses.

(2) Although such a structure may have some incidental use for other than agricultural activities, the principal use of the structure shall be agricultural.

(d) No accessory structure shall be used for the storage of equipment or materials for an off-premises business on a lot where the principal use is residential in nature.

(e) For accessory uses and structures that are not clearly addressed in this Planning and Zoning Code, the Zoning Inspector shall determine the appropriate regulation based on other similar accessory uses and structures that are deemed by the Zoning Inspector to be of the same nature or character as the proposed.

(Ord. 19-10. Passed 11-7-19.)

1133.02 FENCES AND WALLS.

(a) Permit Required. No person shall erect or substantially alter a fence or walls without first obtaining a zoning permit.

(b) Location Restrictions.

(1) No private fence or wall shall be erected in the public right of way.

(2) All improvements made shall be erected on private property, no less than one (1) foot from the lot line and shall be maintained in good condition by the property and free of all advertising or other signs.

(3) Fences and walls constructed on corner lots shall conform to front yard regulations on both streets.

(4) Fences in Required Front Yards. Whenever a fence is located in a required front yard, at least forty-percent (40%) of the vertical surface of such fence shall be open.

A. The percentage of openness of a fence shall be calculated when viewed from an angle perpendicular to the fence.

B. The openings of a fence shall be evenly spaced throughout the vertical surface.

C. Examples of fences permitted in the front yard include, but are not limited to wrought iron, picket and rail fences. See Figure 1133.02.

(1) In the R-1 District, fences in a side or rear yard shall not exceed six (6) feet in height, except around swimming pools, and shall not exceed four (4) feet in height in the front yard.

(2) In the C-1 District, fences in a side or rear yard shall not exceed six (6) feet in height, and shall not exceed four (4) feet in height in the front yard.

(3) In the I-1, I-2 and M-U Districts, fences in a side or rear yard shall not exceed ten (10) feet in height including any top-mounted extensions for barbed wire or other such security installation, and shall not exceed four (4) feet in height in the front yard. Barbed wire shall not be permitted on fences in the front yard, except as specifically permitted in 1133.02(c)(4).

(4) Fences six (6) feet in height topped with top-mounted extensions for the installation of barbed wire or other such security installation shall be allowed in all districts when approved by the Planning Commission for protecting and securing gas or oil wells, transmission facilities, combustible materials and unmanned communications facilities.

(d) Construction Requirements.

(1) All fences and walls shall be so constructed as to have posts on the inside of the property line with the smooth side facing the adjacent properties.

(2) All fences and walls shall be of uniform design.

(3) No fence shall be electrified.

(4) Fences and wall erected to meet buffering and screening requirements shall comply with the regulations set forth in Chapter 1141.

(Ord. 19-10. Passed 11-7-19.)

1133.03 SIZE STANDARDS FOR ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS.

Accessory uses, buildings and structures permitted in residential districts shall conform to the location, coverage, and maintenance standards contained in this Section and only to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.

(a) Accessory buildings shall comply with the maximum area and height regulations in Table 1133.03(a), except as permitted in 1133.03(b) for lots greater than five acres.

Table 1133.03(a) Accessory Building Maximum Area and Height
	Maximum Area	Maximum Height
(1) Accessory buildings including garage	1,000 sq ft for up to 1 acre plus an additional 400 sq ft allowed for each additional 0.5 acre.	24 ft.
(2) Agricultural structures	No limit when located on a lot of 1 acre or greater	24 ft.

(b) Accessory Buildings On Lots Greater Than Five Acres.

(1) On lots of five (5) acres or more, the maximum floor area of an accessory building in an R-1 Residential District shall not exceed three thousand (3,000) square feet.

(2) On lots of five (5) acres or more, the combined total floor area of all accessory buildings in an R-1 Residential District shall not exceed five thousand (5,000) square feet.

(Ord. 19-10. Passed 11-7-19.)

1133.04 LOCATION REQUIREMENTS FOR ACCESSORY BUILDINGS AND STRUCTURES IN RESIDENTIAL DISTRICTS.

(a) Location Requirements for Accessory Structures.

(1) Attached garages or accessory buildings connected with the main building by a breezeway or other permanently constructed connection shall be construed to be a part of the main building for the purposes of this section and shall be subject to the minimum setback requirements of 1125.04.

(2) The minimum distance between a dwelling and an accessory building shall be 10 feet.

(3) An accessory building or structure permitted in an R-1 shall be located as set forth in Table 1133.04(b). However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.

(b) Table 1133.04(b).

Table 1133.04 (b) Permitted Accessory Structures In Front, Side And Rear Yards In R-1 District
		Minimum Setback from Lot Line
Structure	Yards Permitted	Front	Side	Rear
(1) Accessory buildings including garages and other accessory structures not specified herein	S, R	NP	15 feet	15 feet
(2) Driveways	F, S, R	NA	3 feet	3 feet
(3) Fences, walls	F, S, R	See Section 1133.02
(4) Private swimming pools (see also section 1133.08)	R	NP	15 feet	15 feet
(5) Ponds, Lakes and water retention See Chapter 1133	F, S, R	15 feet	15 feet	15 feet
(6) Signs	F	See Chapter 1139
Notes to Schedule 1133.03(b): F = Front Yard; S = Side Yard; R = Rear Yard NA Not Applicable NP Not Permitted

(Ord. 19-10. Passed 11-7-19.)

1133.05 PARKING AND DRIVEWAY REGULATIONS IN RESIDENTIAL DISTRICTS.

In addition to location requirements set forth in Section 1133.04, driveways in residential districts shall comply with the following:

(a) All motor vehicles shall be parked on a driveway or parked or stored in a garage.

(b) Residential driveways shall comply with the requirements set forth Chapter 1137.

(1) The parking of passenger cars owned by the occupants of the dwelling and their visitors.

(2) The parking of one commercial vehicle not exceeding seven feet in height nor having more than one and one half (1 ½) ton capacity as specified by the manufacturer, that is used in connection with said occupant’s livelihood, except that larger trucks may momentarily park in a driveway for emergencies and making deliveries. This provision does not include construction equipment or landscaping equipment, or trailers to haul such equipment.

(3) The parking or storage of recreational vehicles in compliance with Section 1133.04(f).

(d) Parking or Storage of Recreational Vehicles and Similar Apparatus. Any recreational vehicle, camper, or boat, on or off wheels or small utility trailer shall be either stored wholly within a garage or outdoors in compliance with the following regulations.

(1) Not more than two recreational vehicles or similar apparatus shall be stored outdoors.

(2) Outdoor storage shall be permitted only in the side or rear yard, and shall be adequately screened from view from adjacent property.

(3) A recreational vehicle, camper, or boat may be parked in the front yard on the driveway for loading or unloading purposes for a period not to exceed 48 hours in any seven-day period.

(4) Recreational vehicles and similar apparatus shall not be used as a dwelling, office, or other business structure, or for storage of any material, and shall have no connections to any electric, telephone, water, sewer, gas, or fuel source.

(5) All recreational equipment shall be kept in good repair and carry a current year’s license or registration.

(e) Parking or Storage of Inoperable Motor Vehicles. The outdoor parking of an inoperable or unlicensed motor vehicle on a paved or gravel surface in a residential district shall be permitted for a period not to exceed 30 days. Such motor vehicle may be stored in an enclosed garage for an unlimited time. No repairs or dismantling shall be conducted in connection therewith while such vehicle is parked or stored inside the building. At no time shall vehicles be stored outdoors on blocks. (Ord. 19-10. Passed 11-7-19.)

1133.06 REGULATIONS FOR FAMILY DAY CARE HOME, TYPE “B”.

This Planning and Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well-being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods.

(a) According to Ohio R.C. 5104.054, any type B family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal zoning and shall be a permitted use in all zoning districts in which residential uses are permitted.

(b) A type “B” family day-care home is a permanent residence of the provider where child care is provided for 1 to 6 children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted.

(c) Type “B” family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate.

(Ord. 19-10. Passed 11-7-19.)

1133.07 REGULATIONS FOR HOME OCCUPATIONS.

The home occupations regulations of this section are designed to protect and maintain the

character of residential neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.

(a) Anyone conducting a home occupation in a dwelling unit shall first obtain a zoning permit.

(b) The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(c) Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(d) The home occupation shall be conducted entirely within the dwelling unit and private garage, which may be either attached or detached.

(1) The home occupation shall not take place in or use, for any purpose, any accessory building on the premises, other than a detached private garage on the premises.

(2) All materials, goods, supplies or equipment related to the operation of a home occupation shall be stored inside the dwelling unit or garage.

(3) There shall be no outdoor storage of equipment or materials used in the home occupation.

(e) No home occupation shall be carried on that will substantially change the residential character of the premises on which it is constructed and no alteration of the premises, including the dwelling unit and driveway, shall be made that changes the character and appearance of the structure.

(f) All signs on the premises shall comply with Chapter 1139.

(g) The home occupation may employ, at such dwelling, no more than two (2) persons who are not occupants of such dwelling as their permanent residence.

(h) There shall be no display, nor stock in trade, nor commodities sold except those that are produced on the premises.

(i) No equipment or process shall be permitted or used in such home occupation that creates a nuisance such as, but not limited to noise, vibration, glare, fumes, odors, dust or electrical interference or other causes, or which is found unsafe by the Zoning Inspector. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises or cause fluctuations in the line voltage off the premises.

(j) In no instance shall an auto repair business, shop, or use be permitted as a home occupation. (Ord. 19-10. Passed 11-7-19.)

1133.08 SWIMMING POOLS.

(a) A zoning permit is required for the construction or replacement of all swimming pools.

(b) A swimming pool, as regulated herein, shall be any pool or open tank above or below ground designed or intended to be used for swimming purposes not located within a completely enclosed building.

(1) All residential swimming pools shall be located on the same site as the dwelling served and located in compliance with the requirements set forth in Section 1133.04.

(2) In all other districts, swimming pools shall be located in a side or rear yard, in compliance with the required building setbacks.

(d) Security. Every swimming pool (except those four (4) feet high above the surrounding ground and with retractable steps or ladder with a locking device that prevents access) shall be completely enclosed by an aesthetically acceptable fence or wall of sturdy construction not less than four (4) feet in height. Such fence or wall must effectively prevent a child from crawling or otherwise passing through or under it. Such fence or wall must be maintained in good condition with a gate and locking device, and must conform to all other regulations on fences and walls in this regulation.

(e) Public Pool Requirements.

(1) All public pools must comply with the health and safety standards as set forth by the Lake County General Health District and the State Board of Health.

(2) All plans for such public pool shall indicate the location of pool, location of all buildings, parking areas, fencing and screening.

(Ord. 19-10. Passed 11-7-19.)

1133.09 PONDS, LAKES AND WATER RETENTION.

(a) A pond, lake or water retention basin or excavation shall require a zoning permit.

(b) All ponds, lakes and water retention basins shall be located a minimum of fifteen (15) feet from any property line, or a distance equal to three (3) feet for every foot of depth of water, whichever is greater.

(c) An approved Lake County Soil and Water Conservation plan shall be required for a zoning permit for all ponds, lakes and water retention basins.

(d) All lakes and water retention systems larger than one (1) acre in area of water surface shall require an engineered drawing to be submitted with the zoning permit application.

(Ord. 19-10. Passed 11-7-19.)

1133.10 MODEL HOMES.

(a) Model homes shall require a zoning permit for the residential dwelling requirements in the district in which the model is located.

(b) A dwelling furnished or unfurnished, erected in a newly platted subdivision or allotment of no less than five (5) acres, may be used for display purposes but shall not be used for human habitation while used as a model home.

(1) No more than six (6) such homes shall be displayed as model homes in any one development at one time.

(2) Only one (1) such model home shall be permitted to be an "office" for the transaction of business relating to sales of homes and land exclusively in the subdivision or allotment in which it is located.

(3) Such model homes shall conform to all residential dwelling requirements for the district in which they are located.

(c) A single-family dwelling, furnished or unfurnished, used exclusively for display purposes to denote the type of dwelling that can be constructed in a residential district, may be permitted in a commercial or mixed-use district as an accessory use to a permitted nonresidential use devoted to the construction and/or sale of dwellings.

(1) The applicant shall demonstrate that the single-family dwelling can be easily transported off the site.

(2) At no time shall the model home be used for habitation, nor shall there be any utility hookups except for electricity.

(3) If sold or rented for human habitation, such structure shall be removed from the site and relocated to a location where occupancy of the single-family home is permitted, and that home shall no longer be used for a model home as herein defined.

(4) Such model home shall be classified as a commercial structure until such time it is transported and permanently situated on a lot in a residential district. (Ord. 19-10. Passed 11-7-19.)

1133.11 TEMPORARY USES.

Except as otherwise expressly provided in this section, temporary uses are permitted in any zoning district subject to the standards hereinafter established and subject to the issuance of a zoning permit.

(a) Particular Temporary Uses Permitted. Subject to the specific regulations and time limits that follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses of land are permitted in the zoning districts herein specified:

(1) Contractors' offices, equipment sheds and construction staging areas.

A. Such temporary structures used for the duration of active construction shall require a zoning permit.

B. Contractors' offices, equipment sheds, portable sanitary facilities and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project; and shall be located behind the building setback line of the lot and observe all side and rear yard regulations for principal buildings.

C. Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.

D. Such structures shall be removed within ten (10) days of the end of active construction

(2) Trailers and storage buildings used for the temporary storage of materials, equipment, inventory, merchandise or wares in nonresidential districts shall conform to all requirements of the district in which they are located.

A. Such temporary structures shall require a zoning permit.

B. Such buildings shall not be permitted in residential districts.

C. Such buildings shall be permitted for a period not to exceed ninety (90) days.

(3) Real estate offices.

A. Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit may be permitted in any district when accessory to a new housing development.

B. Such use shall be limited to the period of the active selling or leasing of dwelling units in such development.

(b) Parking. Before approving any temporary use, the Zoning Inspector shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area and shall approve such temporary use only if such off-street parking is provided.

(c) Hours or days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Zoning Inspector in the permit required by this section on the basis of the nature of the temporary use and the character of the surrounding uses.

(Ord. 19-10. Passed 11-7-19.)

1137.01 INTENT.

The provisions of this chapter are intended to:

(a) Ensure that adequate off-street parking, loading areas and access drives are provided to meet the needs of uses located in the Village of North Perry.

(b) Protect adjoining residential property from parking associated with institutional, commercial, and industrial uses.

(c) Provide for the accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.

(d) To prevent the creation of surplus amounts of parking spaces and reduce unnecessary amounts of impervious surface by allowing for a reduction in parking requirements where warranted.

(Ord. 19-10. Passed 11-7-19.)

1137.02 APPLICABILITY.

(a) Accessory off-street parking spaces shall be provided in conformance with the provisions of this Chapter prior to occupying or using any building, structure, land or portion thereof whenever:

(1) A building is constructed or a new use is established;

(2) An existing building is altered and/or there is an increase in the number of dwelling units, seating capacity and/or floor area of a building; or

(3) The use of an existing building or structure or use of land is changed to a use that requires more off-street parking facilities.

(b) Existing Uses:

(1) The requirements of this chapter shall not apply to buildings and uses legally existing on the effective date of this amendment unless modified in a manner described in subsection 1137.02(a).

(2) Any parking area now serving such existing buildings or uses shall not be reduced below the capacity that was provided on the effective date of this amendment. (Ord. 19-10. Passed 11-7-19.)

1137.03 GENERAL REQUIREMENTS AND COMPUTATIONS.

The required number of off-street parking spaces for each facility or use shall be determined by application of the standards noted in Table 1137.04.

(a) A minimum of five spaces is required for each facility other than a single-family dwelling.

(b) The parking space requirement for a use not specified in Table 1137.04, shall be the same as required for a use of similar nature as determined by the Zoning Inspector.

(1) Floor Area. Where floor area is designated as the standard for determining off-street parking space requirements, gross floor area shall be used for all land uses, unless specifically noted otherwise.

(2) Seats. Where seating capacity is the standard for determining off-street parking spaces, the capacity shall mean the number of seating units installed or indicated, or one seat for each twenty-four (24) lineal inches of benches or pews; or when fixed seats are not indicated, the capacity shall be determined as being one seat for each twenty (20) square feet of gross floor area of the assembly room(s).

(3) Fractional Numbers. Where the computation results in a fractional unit, the parking spaces required shall be construed to be the next highest whole number one additional off-street parking space shall be provided.

(Ord. 19-10. Passed 11-7-19.)

1137.04 OFF-STREET PARKING STANDARDS.

The minimum number of required off-street parking spaces for each facility, establishment, or use shall be determined by application of the standards noted in Table 1137.04.

Table 1137.04 Off-Street Parking Standards
Principal Building or Use	Minimum Spaces Required
(a) Residential Uses:
(1) Residential Dwellings,	2 spaces per dwelling unit
(2) Adult family homes	2 spaces per home
(3) Small residential facilities	2 spaces per facility, plus 1 per employee
(4) Short-term rental	2 spaces per dwelling unit, plus 1 space per every 2 guest rooms
(5) Bed and Breakfast	2 spaces per dwelling unit, plus 1 space per guest room
(b) Office, Professional Service Uses:
(1) Administrative, professional, business, government offices	1 space per 350 square feet of floor area
(2) Medical, Dental Offices and Emergency Care Center	1 space per 250 sq. ft. of floor area
(3) Congregate living facility, skilled nursing, rehabilitation facility	1 space for every 4 beds
(4) Funeral Homes	1 space per 50 sq. ft. of floor area of assembly rooms or 1 space for every 4 seats, whichever is greater
(5) Sales office, showroom	1 space for each 500 sq. ft. of floor area
(c) Retail/Service Uses:
(1) Art galleries, instructional studios	1 space per 350 sq. ft. of floor area
(2) Beauty Parlors and Barber Shops	2 spaces per beauty or barber chair
(3) Freestanding retail store with 3,000 square feet of floor area or less	1 space per 200 sq. ft. of floor area
(4) Hotels	1 space per guest room or suite, plus 1 space per every 2 employees
(5) Laundromat	1 space for every 4 washing machines
(6) Restaurant, carry out (seating area comprises less than 10% GFA)	1 space per 350 sq. ft. of floor area

Table 1137.04 Off-Street Parking Standards
Principal Building or Use	Minimum Spaces Required
(7) Restaurants, other than carry-out	1 space per 50 sq. ft. of floor area or 1 space for every 2 seats of seating capacity, whichever is greater, plus one space for each delivery vehicle
(8) Retail stores, banks, service establishments unless a specific standard is otherwise provided	1 space per 250 sq. ft. of floor area
(9) Veterinary Clinics and Kennels	1 space per 400 sq. ft. of floor area, plus 1 space for every 2 employees
(d) Automotive Uses
(1) Vehicle sales, leasing, rental, storage facility	1 space per 400 sq. ft. of floor area of sales room, plus 1 space for each auto service stall in the service room, plus 1 space for 1,000 sq ft of outdoor vehicle storage/display area
(2) Gasoline Sales	1 space per employee
(3) Vehicle repair, maintenance	2 spaces per service bay, plus 1 space per employee
(4) Car wash facilities	1 space per employee
(e) Commercial Entertainment/Recreation Uses:
(1) Indoor commercial recreation	1 space per 200 sq. ft. of floor area
(2) Outdoor commercial recreation	1 space per 500 sq. ft. of defined active recreation area
(f) General Commercial and Industrial Uses:
(1) Contractor, machine shops	1 space per 800 sq. ft. of floor area
(2) Distribution facilities, warehousing and wholesale	1 space per 1,000 sq. ft. of floor area
(3) Light industrial assembly/ processing facility	1 space per 400 sq. ft. of floor area of office space plus 1 space per 1,500 sq. ft. of floor area for production/assembly activities
(4) All other types of industrial uses and general commercial uses	1 space per 800 sq. ft. of floor area

Table 1137.04 Off-Street Parking Standards
Principal Building or Use	Minimum Spaces Required
(g) Civic Facilities:
(1) Child Day Care Center	1 space per 8 students, based on center's regulated maximum capacity
(2) Churches and other places of worship	1 space for every 5 seats of seating capacity in the principal assembly area
(3) Assembly hall, meeting place, cultural facilities, including library, museum	1 space per 500 sq. ft. of floor area, plus 1 space for every 6 seats in any assembly area

(Ord. 19-10. Passed 11-7-19.)

1137.05 LOCATION OF OFF-STREET PARKING.

(a) The required off-street parking spaces shall be located on the same lot as the principal use served, unless a shared use agreement is approved in compliance with Section 1137.06.

(b) All vehicles shall be parked in a driveway, open off-street parking space, or garage.

(c) The location of off-street parking spaces and garages shall comply with the setback standards contained in the district regulations for the district in which the parking area is located.

(Ord. 19-10. Passed 11-7-19.)

1137.06 ALLOWANCE FOR SHARED USE OF OFF-STREET PARKING FACILITIES.

Two or more uses may share parking facilities without providing the minimum number of on-site required spaces for each use, when parking spaces are provided in compliance with all the requirements of this Section.

(a) The minimum required number of parking spaces for the combined uses may be reduced by up to forty percent (40%) for shared parking when hours of operation overlap. Residential uses shall not be allowed to share parking facilities.

(b) The applicant shall file with the Zoning Inspector a written legal agreement providing for the shared use of parking, guaranteeing access to, use of, and management of designated spaces; executed by the parties involved; and approved as to form by the Village solicitor.

(1) The applicant shall record the approved agreement with the Lake County Recorder Office prior to issuance of a zoning permit.

(2) Sharing privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, parking shall be provided as otherwise required by this chapter. The agreement shall specify that the Village is an approving party to any change to the agreement.

(c) Parking spaces may be considered for sharing when the uses are located adjacent to each other and the parking spaces are located within 300 feet from the uses they serve.

(d) The applicant shall submit a shared parking plan showing the parking spaces proposed for sharing and their proximity to the uses they will serve; and the nature of the uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them.

(Ord. 19-10. Passed 11-7-19.)

1137.07 DEFERRED CONSTRUCTION OF OFF-STREET PARKING FACILITIES.

The deferred construction of up to thirty percent (30%) of the required off-street parking spaces may be permitted when approved by the Planning Commission as part of the review of a development plan in compliance with the following:

(a) The applicant shall identify on the development plan the area of the site that would accommodate the number of the required parking spaces the applicant proposes to be held and preserved as landscaped open space, rather than constructed as parking.

(b) The applicant shall provide evidence that supports the reduced parking needs.

(c) Any area of the site identified as deferred construction of parking spaces must be an area suitable for parking at a future time.

(d) Landscaping of the deferred construction area must be in full compliance with this Code and, at a minimum, landscaped with turf or live groundcover.

(e) The deferred construction area cannot be used for any other use and must be part of the same parcel and all under the same ownership.

(f) As part of the plan review process, the applicant shall delineate the area of deferred construction on the development plan and label as "Deferred Construction of Required Parking."

(g) The Zoning Inspector, on the basis of observed increased parking demand for the use, may require the conversion of all or part of the deferred construction area to off-street parking spaces.

(Ord. 19-10. Passed 11-7-19.)

1137.08 PARKING LOT DESIGN STANDARDS.

All off-street parking and loading facilities including entrances, exits, maneuvering areas, waiting spaces, and parking and loading spaces shall be provided in accordance with the following standards and specifications.

(a) Parking Space Dimensions. Each off-street parking space, open or enclosed, shall have an area of not less than 200 square feet, with a minimum width of 10 feet, exclusive of access drives or aisles.

(b) Access Required. All required parking spaces shall have direct access to a private driveway, access drive or circulation aisle without the need to move any other vehicle.

(c) Circulation Aisles. Interior parking lot circulation aisles shall not be less than 22 feet wide when providing two-way circulation, and shall not be less than 18 feet wide for one-way aisles.

(d) Parking Spaces For Persons With Disabilities. All new construction and alterations to places of public accommodation shall provide off-street parking spaces that are designed and constructed in accordance with the Americans with Disabilities Act (ADA) of 1990 to be readily accessible to persons with disabilities.

(e) Waiting Space Dimensions. Each off-street waiting space for a drive-thru facility shall have an area not less than 144 square feet (measuring eight feet by eighteen feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.

(Ord. 19-10. Passed 11-7-19.)

1137.09 OFF-STREET LOADING REQUIREMENTS.

Off-street loading spaces shall be provided and maintained for all business, service, commercial, industrial buildings, public assembly, and other uses involving the receipt or distribution by vehicles of materials or merchandise, in compliance with the following regulations.

(a) All loading spaces shall be located on the same lot as the use served and no part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.

(b) Number and Dimensions of Required Loading Spaces.

(1) Loading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty (40) feet and a minimum vertical clearance of fifteen (15) feet.

(2) Off-street loading facilities shall be provided in accordance with Table 1137.09.

Table 1137.09 Loading Space Requirements
Gross Floor Area	Required Number of Spaces
A. Up to 10,000 sq. ft.	0
B. 10,001 to 40,000 sq. ft.	1
C. 40,000 to 100,000 sq. ft.	2
D. Over 100,001 sq. ft.	1 space for every 50,000 sq. ft. or fraction thereof

(c) Loading spaces shall be located in a side or rear yard and shall be designed and located so located as to minimize the visual and audio effect on any adjoining residential lots.

(d) Access to truck loading and unloading space shall be provided directly from a public street or from a right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.

(e) No truck loading area shall be allowed to use a right-of-way or have insufficient on-premise turning radius area so as to require trucks to use a public right-of-way for positioning for delivery to the loading dock.

(f) Streets, sidewalks, or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.

(g) Off-street loading spaces shall not be used for repair or servicing of motor vehicles.

(Ord. 19-10. Passed 11-7-19.)

1137.10 REGULATIONS FOR ACCESS DRIVES.

The location, width and number of entrance and exit access drives to off-street parking spaces shall be in accordance with the following:

(a) Driveways for single-family dwelling units shall be of a width and location as indicated in Chapter 1125.

(b) Location. Access drives shall be located in such a manner as to interfere as little as possible with the use of adjacent residential property and flow of traffic on adjacent streets, and to avoid undue interference with pedestrian access to street corners.

(1) Access drives on corner lots shall be located as far from the street intersection as practicable.

(2) For parking areas having a capacity of ten (10) or more vehicles, the center line of the driveway apron shall be located not less than seventy-five (75) feet from the nearest street intersection right of way line.

(3) New access drives shall be located no closer than 30 feet from an existing or proposed access drive and a minimum of 25 feet from the side lot line.

(4) The spacing of access drives shall consider the location of access drives on both sides of the roadway and shall be located where they will not cause problems with movements to and from an existing or planned street or driveway on the opposite side of the roadway to the greatest extent feasible.

(1) The number of access drives permitted for any one site with frontage on US 20 shall be minimized; and access for multiple properties with frontage on US 20 shall be combined where feasible.

(2) Parking areas having a capacity of twenty (20) spaces or less shall be permitted one driveway with two lanes for ingress and egress for the site.

(3) Parking areas having a capacity of more than twenty (20) spaces shall be permitted one two-way access drive or a pair of one-way drives. For lots with more than 150 feet of frontage on one street, one additional two-way drive or pair of one-way drives may be permitted.

(d) Width. The width of access drives for non-residential uses shall be not less than twelve (12) feet per exit lane and fifteen (15) feet per entrance lane and shall have a total width of not more than thirty-six (36) feet, measured at the property line.

(Ord. 19-10. Passed 11-7-19.)

1137.11 CONSTRUCTION, USE, IMPROVEMENT, AND MAINTENANCE STANDARDS.

All driveways and parking facilities shall be constructed in accordance with standards established by the Village Engineer and the following:

(a) Grading. Parking facilities, loading areas and access driveways shall be so graded and constructed with adequate drainage so as to dispose of all surface water and drainage so that such surface water and drainage shall not be allowed to flow onto adjacent properties nor water permitted to drain over and onto public walks and right-of-way or remain standing in driveways or parking facilities.

(b) Screening. All parking and loading areas shall be appropriately screened from view from the street and any adjacent residential district by landscaping, the plans for which shall be submitted to and approved by the Planning Commission in accordance with Chapter 1141.

(c) Pavement. All parking areas, loading facilities and driveways shall be defined by continuous concrete curbing and shall be paved of asphalt, bituminous or Portland cement pavement, pavers, embossed concrete, porous pavement, Grasscrete (or other pervious paving system), or another approved pavement material in accordance with standards established by the Village and approved by the Village Engineer and the Planning Commission.

(d) Illumination in Parking Facilities. All lighting used to illuminate such parking facilities shall be so arranged as to direct the light away from adjoining properties or streets or premises in any residential district, in compliance with Section 1141.11 and no open light sources such as the stringing of light bulbs shall be permitted.

(e) Marking. Any off-street parking facility for five (5) or more off-street parking spaces shall indicate the location of each parking space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.

(f) Maintenance.

(1) All parking facilities shall be maintained in a manner to keep it as free as practicable from holes and obstructions. All rubbish, paper and other loose particles, and snow and ice shall be promptly removed.

(2) All signs, markers or any other methods used to indicate direction of traffic movement and location of off-street parking spaces shall be maintained in a neat and legible condition.

(3) Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes.

(4) It shall be the responsibility of the property owner to maintain and repair parking lots as may be necessary, in the opinion of the Village, so as to provide a dustless surface in good condition, properly drained, and free of obstructions and nuisances in accordance with the requirements of this Chapter. (Ord. 19-10. Passed 11-7-19.)

1137.12 PARKING LOT DRAINAGE.

(a) An adequate storm drainage system shall be provided for all below-grade truck loading areas and parking lots in excess of eight thousand (8,000) square feet. For the purpose of square footage computation, all parking areas, access lines and truck loading areas on the same lot shall be considered as a contiguous total square footage.

(b) The design of a Storm Water Drainage system shall be prepared by using Rational method and shall be based on a minimum five (5) year frequency. Rainfall intensity, run-off coefficients and concentration time used in computing flows and structure sizes shall be in accordance with the tables, charts, and data in the Village Storm Water Management Plan and shall be subject to approval by the Village Engineer and conform to all Lake County regulations. All areas which contribute storm water to the proposed storm drainage system shall be considered on the determination of the sizes of pipe, structures, and channels.

(1) Drainage plans shall be accompanied by two (2) copies of the design computations. Hydraulic gradient checks for less frequent storms may also be required by the Village Engineer were deemed appropriate.

(2) Culvert sizes shall be based on a minimum ten (10) year frequency rainfall, or other less frequency storms or greater number of years, or other more stringent methodology as required by the Village Engineer where deemed appropriate.

(3) Detention ponds or basins shall be provided where necessary to control the volume and velocity of storm water leaving the site. Detention ponds and basins shall be designed in accordance with master watershed drainage plans. Where such plans do not exist, facilities shall be based on criteria established by the Village Engineer and approved by the Lake County Soil and Water Department.

(Ord. 19-10. Passed 11-7-19.)

1137.13 ZONING CERTIFICATE AND DEVELOPMENT PLAN REQUIRED.

All facilities governed by the regulations in this Chapter shall comply with the following approval process.

(a) Plan Required. Plans showing the features of off-street parking spaces and off-street loading areas shall be submitted to the Zoning Inspector for development plan review as required by Chapter 1109, Zoning Approval Procedures.

(b) Village Engineer. The Village Engineer shall review and approve all requests for access to public rights-of-way prior to construction. All improvements, curb cuts, and approaches in the public right-of-way shall be constructed pursuant to all applicable Village regulations.

(Ord. 19-10. Passed 11-7-19.)

1139.01 INTENT.

The purpose of this Chapter is to promote and protect public health, welfare and safety by

regulating signs of all types, while balancing the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives:

(a) To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare;

(b) To foster public safety along public streets within the Village by ensuring that all signs are placed in safe and appropriate locations;

(c) To reflect and support the desired ambience and development patterns of the various zoning districts; protect and preserve the aesthetic quality and physical appearance of the Village; and promote an attractive environment;

(d) To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a street;

(e) To ensure that the constitutionally guaranteed right of free expression is protected;

(f) To provide review procedures that enable the Village to adequately evaluate proposed signs and their relationship to the site, building, and surroundings; and

(g) To prohibit all signs not expressly permitted by this Chapter.

(Ord. 19-10. Passed 11-7-19.)

1139.02 APPLICABILITY.

(a) The regulations contained in this Chapter shall apply to all signs, sign structures, and other types of sign devices located within the Village of North Perry, except when specifically stated otherwise.

(b) No sign shall be permitted within a public right-of-way unless specifically stated otherwise.

(c) No sign shall be erected, established, painted, created, or maintained in North Perry without the issuance of a zoning permit and payment of the required fee unless otherwise exempted in this Chapter.

(1) A zoning permit is not required for the following types of signs and sign maintenance:

A. The non-structural maintenance of a sign

B. A change of copy on changeable copy signs.

C. Temporary signs in residential districts, such as real estate signs, spirit/community signs, holiday signs, home-improvement signs, and seasonal agricultural signs.

(2) A zoning permit is required for changes to sign panels, painted signs or letters that are attached to a structure or wall.

(3) All structural changes to a sign or supporting structure shall require a zoning permit.

(4) Signs in nonresidential districts shall be reviewed by the Planning Commission according to Section 1107.07.

(d) Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from these regulations. Architectural features include any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general.

(e) Any sign permitted by this Chapter, regardless of its location, may contain a noncommercial message.

(Ord. 19-10. Passed 11-7-19.)

1139.03 SEVERABILITY.

If any word, sentence, section or any other provision or portion of this Chapter or rules adopted hereunder is invalidated by any court of competent jurisdiction, the remaining words, sentences, sections, chapters, provisions, or portions will not be affected and will continue in full force and effect. (Ord. 19-10. Passed 11-7-19.)

1139.04 COMPUTATIONS AND RULES OF MEASUREMENT.

The following regulations shall control the computation and measurement of sign area, sign

height, window area, and building frontage:

(a) Determining Sign Area or Dimension.

(1) Sign area shall include the face of the entire display area of the sign. Sign area shall not include the structural support unless such structural support is an integral part of the sign design.

(2) The surface area of a sign shall be computed by calculating the area of the sign face. For a sign that is framed, outlined, painted or otherwise prepared and intended to include a background for the sign display, the area or dimensions shall include the entire portion within such frame or background.

(3) For a sign comprised of individual elements such as letters, symbols, or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, or awning, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric shape, or combination of shapes, that comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Zoning Inspector or Planning Commission, shall not be included in the total area of a sign.

(4) For freestanding signs:

A. The sign area shall be computed by the measurement of one of the faces as prescribed above when two identical display faces are joined parallel to each other and are within two feet of each other.

B. No more than two display faces shall be permitted for one sign.

(b) Determining Sign Height.

(1) The height of a freestanding sign shall be measured from average finished grade level adjacent to the base of the sign at its point of attachment to the ground to the highest point of the sign including frame and structural members. A freestanding sign on a manmade base, including a graded earth mound, shall be measured from the top of the nearest street curb.

(2) Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

(c) Sign Setbacks. The required setbacks for freestanding signs are set forth in Section 1139.05 for lots in R-1 Residential and P-1 Park Districts and in Section 1139.06 for nonresidential districts. The required setbacks for a sign shall apply to all elements of the sign, including its frame and base.

(Ord. 19-10. Passed 11-7-19.)

1139.05 RESIDENTIAL SIGNS AND SIGNS IN R-1 RESIDENTIAL AND P-1 PARK DISTRICTS.

Permanent signs for all residential uses and for nonresidential uses in residential districts and park districts shall comply with the regulations set forth in this Section.

(a) Single-family residential properties:

(1) Each single-family residential property is permitted a maximum of two (2) permanent signs provided the combined sign area does not exceed two (2) square feet in total sign area.

(2) Signs may be freestanding, mounted to a permanent building or structure or displayed in a window.

(3) Freestanding signs shall be located on private property, a minimum of six (6) feet from the street right-of-way and fifteen (15) feet from the side lot line.

(4) Freestanding signs shall not exceed four (4) feet in height.

(5) Signs shall not be illuminated.

(b) Nonresidential Uses in the R-1 Residential Zoning District and in the P-1 Park District:

(1) Nonresidential uses are permitted signs not to exceed thirty (30) square feet in total sign area. The sign area may be either a wall sign or a freestanding sign or a combination of the two.

(2) The height of a freestanding sign shall not exceed six (6) feet.

(3) A maximum of thirty percent (30%) of the area of a freestanding sign may be devoted to changeable copy, provided the changeable copy shall not be changed more than once per day.

(4) Freestanding signs may be illuminated in compliance with the illumination requirements in Section 1139.09.

(5) Conditionally permitted uses may be permitted additional sign area as part of conditional use approval by the Planning Commission if the Planning Commission determines that, because of the large size of the facility and its site, the proposed larger sign will be consistent with the objectives, intent and criteria of this Chapter.

(Ord. 19-10. Passed 11-7-19.)

1139.06 SIGNS IN COMMERCIAL, INDUSTRIAL AND MIXED-USE DISTRICTS.

Permanent signs for all uses in Commercial, Industrial, and Mixed-Use Districts shall comply with the regulations set forth in this Section.

(a) Building Signs.

(1) Building signs include wall or fascia signs, window signs, and signs otherwise permanently applied parallel to the building wall or other surfaces, including awnings.

(2) The maximum permitted area for building signs shall be one square feet for every lineal foot of building frontage.

A. For the purposes of these sign regulations, building frontage shall include the building elevation facing a public street, facing a primary parking area for the building or tenants or containing the public entrance(s) to the building or building units.

B. Notwithstanding the above standard, each building shall be permitted a minimum of 40 square feet of building sign area.

(3) Increased Sign Area for Large Building Setbacks and Building Frontage.

A. The maximum allowable area for building signs may be increased by one-half square foot of sign area for each foot of building frontage when the principal building is set back more than 200 feet from the principal street on which the building is located.

B. The sign area may also be increased by one-half square foot of sign area for each lineal foot for that portion of the building which is more than 200 feet from the street and facing such street when the additional sign area is included in a sign placed on that portion of the building.

(4) Window Signs. Notwithstanding the permitted sign area set forth in Section 1139.06(a)(1), signs placed in or on a window shall not exceed thirty percent (30%) of the total glass area of the ground floor windows. For the purposes of determining the window area of a ground floor, the ground floor shall be considered to be no more than fifteen (15) feet in height above grade.

(b) Freestanding Signs.

(1) Freestanding signs shall be limited to one (1) per property held in single and separate ownership, unless specifically permitted otherwise.

(2) Freestanding signs shall comply with the maximum permitted area and height specified in Table 1139.06(b), except as otherwise specifically permitted in this Chapter.

Table 1139.06(b) Freestanding Signs
	C-1 Commercial	I-1 Light Industrial	I-2 Industrial	M-1 Mixed Use
A. Maximum Area (square feet)	24	32(i)	32(i)	32(i)
B. Maximum Height (feet)	16	16	16	16
C. Minimum Setback from Street Right-of-way (feet)	6	6	6	6
D. Minimum Setback from Side lot line (feet)	15	15	15	15
(i) Plus 1 square foot for every seven (7) feet of lot frontage >200 ft. Notwithstanding any provision of this Section, the area of any freestanding sign shall not exceed 50 square feet.

(3) Signs on Corner Lots. For corner lots, each street frontage shall be calculated separately.

A. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 200 feet of lot frontage or fraction thereof.

B. The total area of all freestanding signs shall comply with Table 1139.06(b).

C. Two signs may be aggregated into a single sign provided that the area of any freestanding sign face shall not exceed 50 square feet for a single sign.

(4) Additional Freestanding Signs for Large Lots. The number of freestanding signs on a large lot may be increased as follows. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 200 feet of lot frontage or fraction thereof. The total area of all freestanding signs shall comply with Table 1139.06(b).

(5) Minimum Separation of Freestanding Sign. Whenever multiple freestanding signs are permitted on a lot, the freestanding signs shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both lot lines that coincide with the street right-of-way line shall be used in measuring spacing.

(6) Landscaping. Freestanding signs shall be erected in a landscaped setting and not on sidewalks, access drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.

(1) Projecting signs shall be limited to one (1) per building facade on which any such sign is mounted except for a use that fronts on more than one (1) street, in which case, one (1) such sign shall be permitted per facade for each separate street frontage.

(2) The area of a projecting signs shall not exceed twelve (12) square feet, which shall be in addition to the area allowance for building signs.

(3) All projecting signs shall have a maximum height of 14 feet and a minimum clearance of eight (8) feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign.

(d) Entrance Signs. Freestanding signs that meet the standards of this subsection are allowed in all nonresidential districts in addition to the square footage of permanent freestanding signs permitted in Table 1139.06(b).

(1) Entrance signs shall not exceed four (4) square feet in area and four (4) feet in height, and shall be located within 10 feet of the access drive to the site, in compliance with requirements for visibility at intersections set forth in Section 1139.09(c).

(2) Such signs may have internal or external illumination.

(e) Instructional Signs. Instructional or “way-finding” signs shall be permitted in addition to all other signs when they are of such size and location that satisfy the intended instructional purpose. Instructional signs shall be permitted without limitation as to number or size and may include the name of the business and logos.

(Ord. 19-10. Passed 11-7-19.)

1139.07 ELECTRONIC MESSAGE/CHANGEABLE COPY SIGNS.

(a) Changeable copy by non-electronic means may be utilized on any permitted sign located along US 20.

(b) In the C-1 Commercial District and the M-1 Mixed Use Light Industrial/Office District, electronic message centers (EMCs) are permitted in accordance with the sign areas permitted in Section 1139.06 and when in compliance with the following:

(1) An EMC sign may be a portion of a building sign or freestanding sign, or may comprise the entire area of the sign, and shall not exceed fifty percent (50%) of the total sign area permitted on the site.

(2) Only one (1) EMC sign is permitted on a lot with frontage along US 20.

(3) All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the EMC lighting level at night into compliance with Section 1139.09.

(4) EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds and these transitions may employ fade, dissolve, and or other transition effects.

(5) The following EMC display features and functions are prohibited: Animation, continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.

(Ord. 19-10. Passed 11-7-19.)

1139.08 TEMPORARY SIGNS.

(a) Signs that meet the standards of this subsection are exempt from the standards for permanent signs and are not counted in the total square footage of signage permitted on the site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.

(b) Temporary Signs on Residential Lots. Temporary signs on residential lots are subject to the following provisions:

(1) All single family residential lots are permitted unlighted temporary signs provided the combined area of the temporary signs does not to exceed four (4) square feet in area and four (4) feet in height.

(2) A temporary sign shall not be displayed longer than 90 days, two times per 365-day period.

(3) Temporary freestanding signs shall be located on private property no closer than 6 feet from the right-of-way line and 15 feet from a side lot line.

(c) Temporary Commercial Signs for Nonresidential Uses. One temporary freestanding sign or banner attached to the front of the building shall be permitted for a period not to exceed 90 consecutive days unless Planning Commission approves an extension. The maximum sign area shall be twelve (12) square feet and the height shall not exceed four (4) feet.

(d) One additional temporary sign may be placed on a property that is actively marketed for sale or lease. Such signs shall not exceed eight (8) square feet in area and may have no more than two sign faces.

(Ord. 19-10. Passed 11-7-19.)

1139.09 SIGN ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.

(a) Illumination. Illuminated signs permitted in Sections 1139.05 and 1139.06 may be illuminated only in compliance with the following standards:

(1) All illuminated signs shall comply with the maximum luminance level of 250 Nits between dusk to dawn as measured from the sign’s face at maximum brightness, regardless of the method of illumination.

(2) Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.

(3) No sign shall be illuminated in such a way that the source of light is visible from any premises other than that on which the sign is located.

(4) In no event shall an illuminated sign or lighting device permit the beams or illumination therefrom to be directed upon a public thoroughfare, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a hazard or nuisance.

(5) Any illuminated sign or lighting device shall emit a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. This restriction shall not apply to any legally permitted automatic changeable copy sign, provided such sign is operated in accordance with Section 1139.07.

(b) Construction Standards. The construction, erection, safety and maintenance of all signs shall comply with all requirements of the building code and all of the following:

(1) Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic.

(2) All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations.

(3) Signs should not be in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs

(4) If possible, signs should not be in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc.

(5) No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.

(6) Signs shall be structurally designed in compliance with ANSI and ASCI standards. All electric signs shall be constructed according to the technical standards of a certified testing laboratory.

(1) Vision clearance areas: Vision clearance areas are triangular shaped areas located at the intersection of any combination of rights-of- way or driveways. No sign shall be installed within the clear sight triangles defined below.

A. At the intersection of two street rights-of-way, the triangle shall extend thirty (30) feet from the intersection of the rights-of-way in either/each direction.

B. At the intersection of a street right-of-way and a driveway, the triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point a distance of ten feet along the driveway to a point and a distance of 20 feet along the street curb to a point and connecting these points.

(2) Vehicle area clearances: In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure must be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.

(d) Maintenance Requirements. All signs shall be maintained in accordance with the following:

(1) The property owner shall maintain the sign in a condition appropriate to the intended use and in compliance with all Village standards; and has a continuing obligation to comply with all building code requirements.

(2) The Zoning Inspector may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition.

(3) If the sign is deemed by the Zoning Inspector to be in an unsafe condition, the owner of the business shall be immediately notified in writing, and shall, within 48 hours of receipt of such notification, respond to the village with a plan to correct the unsafe condition, remove the unsafe sign, or cause it to be removed. If after 14 days, the unsafe condition has not been corrected through repair or removal, the Zoning Inspector may cause the repair or removal of such sign, at the expense of the property owner or lessee. If the total costs are not paid in full within 30 days of the repairs or removal, the amount owed shall be certified as an assessment against the property of the sign owner, and lien upon that property, together with an additional fifty percent (50%) penalty for collection as prescribed for unpaid real estate taxes.

(4) In cases of emergency, the Zoning Inspector may cause the immediate removal of a dangerous or defective sign without notice.

(5) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit or without any payment of fees provided that all of the following conditions are met:

A. There is no alteration or remodeling to the structure or the mounting of the sign itself;

B. There is no enlargement or increase in any of the dimensions of the sign or its structure;

C. The sign is accessory to a legally permitted, conditional or nonconforming use.

(Ord. 19-10. Passed 11-7-19.)

1139.10 SIGNS EXEMPT FROM THESE REGULATIONS.

The following signs shall be exempt from regulation under this Planning and Zoning Code, but may require building permits or other permits, as applicable.

(a) Signs installed or required by the Village of North Perry, Lake County, or by federal or state law.

(b) Flags of any nation; government or non-commercial organization and that do not include a commercial message.

(d) Works of art that do not include a commercial message.

(e) Any lighting, signs, or related decorations containing no commercial message, and displayed on a temporary, seasonal basis in observance of religious, national, or state holidays.

(f) Signs that do not exceed two square feet and that are not legible from a public or private street; however, these signs must comply with any building and construction provisions enacted by the Village of North Perry.

(g) Any outdoor sign that is not in any way visible from any adjacent public right-of-way or from any adjacent property.

(h) Any sign located inside a building that is not visible from outside of the building. Signs in windows that are mounted in such a way as to be viewed from outside the building shall be considered window signs subject to the provisions of Section 1139.06(a)(4). (Ord. 19-10. Passed 11-7-19.)

1139.11 PROHIBITED SIGNS.

The following signs are prohibited in the Village:

(a) Abandoned signs, as defined in Section 1139.12.

(b) Animated, flashing, rotating, revolving, whirling signs and festoons, inflatable signs, tethered balloons, pennants, searchlights, streamers, exposed light bulbs, strings of lights not permanently mounted to a rigid background and any clearly similar features, except those specifically exempt from regulation in Section 1139.09, and electronic message centers as permitted in Section 1139.07.

(c) Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by the Code. Prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.

(d) Signs containing any words, symbols, or illumination that would cause confusion because of their resemblance to highway traffic control or direction signals.

(e) Signs which prevent the driver of a vehicle from having a clear and unobstructed view of official government signs and/or approaching or merging traffic, or which by means of illumination obscure a government sign or cause a traffic hazard.

(f) Signs located on trees, utility poles, public benches or any other form of public property or within any public right-of-way unless explicitly permitted by the regulations.

(g) Signs located on private property without the written consent of the owner or agent thereof.

(h) Other signs or attention getting devices that raise concerns substantially similar to those listed above. (Ord. 19-10. Passed 11-7-19.)

1139.12 NON-CONFORMING SIGNS.

(a) Nonconforming signs shall be maintained in good condition pursuant to Section 1139.09.

(b) Alteration. A nonconforming sign shall not be altered, modified or reconstructed except:

(1) When such alteration, modification or reconstruction would bring such sign into conformity with these regulations;

(2) When the existing use has new ownership which results in a change in the name or logo of the use or business on the property, and such change complies with subsection (4) below;

(3) When the space is reoccupied by a similar use and the new occupant requires no external building or site renovation, and such change complies with subsection (4) below;

(4) Any alteration, modification or reconstruction permitted in this section shall be limited to the replacement of a sign panel, replacing individual letters and logos within the same area or repainting a sign face, and does not permit changes to the structure, framing, erection or relocation of the sign unless such changes conform to subsection (1) above.

(c) Limitations for Non-Conforming Signs. A nonconforming sign shall be removed whenever the use to which such non-conforming sign refers has been abandoned for more than 180 consecutive days. (Ord. 19-10. Passed 11-7-19.)

1139.13 VIOLATIONS AND PENALTIES.

(a) All signs and sign structures shall be kept in good repair and in a proper state of preservation. Signs which do not conform to this requirement shall be removed in compliance with the provisions of these regulations within ten (10) days following such dysfunction. Should a sign continue to be or become unsightly, unsafe, be in danger of falling or in violation of any portion of this regulation, the owner thereof or the person maintaining same shall upon receipt of written notice from the Zoning Inspector, proceed within ten (10) days of notification to put such sign in a presentable, legal and safe condition or remove the sign.

(b) In case any sign shall be installed, erected, constructed or maintained in violation of any of the terms of this Planning and Zoning Code, the Zoning Inspector shall notify in writing the owner or lessee thereof to alter or remove such sign within ten (10) days of notification so as to comply with this resolution. Failure to comply with any of the provisions of this section shall be deemed a violation and shall be punishable under Chapter 1115.

(Ord. 19-10. Passed 11-7-19.)

1139.14 DEFINITIONS.

Abandoned Sign. A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located. Whether a sign has been abandoned or not shall be determined by the intent of the owner of the sign.

Alteration. Any change in copy, color, size or shape, which changes the appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration.

Animated Sign. A sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance in a manner that is not permitted by these regulations.

Awning Sign. A sign displayed on or attached flat against the surface or surfaces of an awning. See also: Wall or Fascia Sign.

Banner. A flexible substrate on which copy or graphics may be displayed.

Banner Sign. A sign utilizing a banner as its display surface.

Billboard. An off-premise sign.

Building Sign. A sign that is applied or affixed to a building.

Changeable Sign. A sign with the capability of content change by means of manual or remote input, includes the following types:

(1) Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface.

(2) Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Electronic Message Center.

Display Time. The amount of time a message and/or graphic is displayed on an Electronic Message Sign.

Dissolve. A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

Electronic Message Center or Sign (EMC). An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC.

Fade. A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subseqent message gradually increases intensity to the point of legibility.

Freestanding Sign. Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face.

Illegal Sign. Any sign placed without proper approval or permits as required by this Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with any applicable provisions of this Code.

Illuminated Sign. Any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing or radiating signs.

Nonconforming Sign. A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.

Off-Premise Sign. Any sign, permanent or temporary, that is advertising, promoting, or identifying an establishment, merchandise, event, service, or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located. Also referred to as a billboard.

Parapet. The extension of a building facade above the line of the structural roof.

Portable Sign. Any cord-connected sign not permanently attached to the ground and can be removed without the use of tools.

Projecting Sign. A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall.

Roof Sign. Any sign erected upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a building or structure.

Scroll. A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface.

Sign. Any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.

Sign Structure. Any structure designed for the support of a sign.

Sign Copy. The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

Transition. A visual effect used on an Electronic Message Sign to change from one message to another.

Travel. A mode of message transition on an Electronic Message Sign in which the message appears to move horizontally across the display surface.

Wall or Fascia Sign. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than twelve (12) inches from the building or structure wall and which does not project above the roof line or beyond the corner of the building. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.

Window Sign. Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior (beyond the sidewalk immediately adjacent to the window), including signs located inside a building but visible primarily from the outside of the building.

(Ord. 19-10. Passed 11-7-19.)

1141.01 INTENT.

The purpose of this chapter is to protect and promote the public health, safety, general welfare, and beautification of North Perry through the use of landscaping, buffering and lighting. Specifically, it is the purpose of this Chapter to:

(a) Require buffering between land uses of differing intensities in order to remove, reduce, lessen or absorb the impact between one use or zoning district and another;

(b) Improve the appearance of vehicle use areas;

(c) Encourage the creation of an attractive appearance, provide interest and lessen the monotony along public streets in the Village;

(d) Aid in noise, glare and heat abatement and reduction in artificial light glare;

(e) Contribute to the process of air purification and ground water recharge, and to control of ground water runoff in order to prevent or reduce soil erosion and sedimentation;

(f) Enhance energy conservation; and

(g) Increase and maintain property values.

(Ord. 19-10. Passed 11-7-19.)

1141.02 LANDSCAPING AND BUFFERING REQUIRED.

(a) New Sites. No zoning permit shall be issued hereafter for any nonresidential site development or the construction or improvement of any building, structure or vehicular use area except where landscaping and buffering for such development or construction has been approved as required by the provisions of this Code.

(b) Existing Sites. No building, structure, or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this chapter is provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the entire site must be brought into compliance with the minimum requirements of this subchapter. An alteration or expansion to an existing property is substantial when:

(1) In the case of a building or structure expansion which does not involve additional land, the square footage of the alteration or expansion exceeds twenty-five percent (25%) of the square footage of the existing building exclusive of the alteration or expansion;

(2) In the case of an alteration or expansion involving both an existing building or structure and additional land, and, if applicable, additional structures or buildings, the area or square footage of the expanded or altered land or structure or building, respectively, exceeds twenty-five percent (25%) of the area or square footage of the existing land or structure or building respectively, exclusive of the alteration or expansion.

(3) "Land," as used herein, includes land used for space, parking or building purposes.

(4) Where there is no expansion of a structure but the vehicular use area is expanded, this article shall apply to any new vehicular use areas.

(Ord. 19-10. Passed 11-7-19.)

1141.03 LANDSCAPING AND BUFFER PLAN.

(a) Landscaping and Buffer Plan Requirement.

(1) Any property to which this chapter applies shall illustrate all proposed landscaping and buffer, including the proposed landscaping material, on a separate landscaping and buffer plan as part of the application for a zoning permit. Plans shall be drawn to scale, include indication of north orientation (arrow), general site grading/drainage patterns and other site structures for reference.

(2) All plans shall include a table listing the existing plant material that will be retained and all proposed plant materials within the landscaping and buffer areas. This shall include the common and botanical names, quantities, sizes, typical installation details and other remarks as appropriate to describe the landscaping material selection. This shall also include sizing of planting beds for annuals, deer protection elements, depth and type of mulching and lawn/sod areas.

(b) Approval of A Landscaping and Buffer Plan.

(1) No zoning permit shall be issued without approval of a landscaping and buffer plan by the Planning Commission.

(2) Failure to implement the landscaping and buffer plan within 12 months of the issuance of a zoning permit shall be deemed a violation of this resolution. (Ord. 19-10. Passed 11-7-19.)

1141.04 BUFFERING WHEN LOT ABUTS A RESIDENTIAL DISTRICT.

When a lot in any Commercial, Industrial, or Mixed-Use District abuts a Residential District or when a nonresidential use is approved in a Residential District, buffering along the entire length of the common boundary shall be provided in accordance with the following regulations and shall be approved as part of the development plan required by Chapter 1107.

(a) No structure shall be permitted within a required buffer area other than a wall, fence, mound, or earth berm. Driveways may cross perpendicularly across a buffer area, disturbing the least amount of buffer.

(b) Buffer areas shall be provided as set forth below:

(1) When a development in a C-1 Commercial District, I-1 or I-2 Industrial District or M-1 Mixed Use District abuts a residential district, a buffer area with a minimum width of 25 feet shall be provided unless a greater setback is required as part of a variance or conditional use.

(2) When a use other than single-family dwellings is permitted in any residential district, a buffer area with a minimum width of 20 feet shall be provided unless a greater setback is required as part of a conditional use.

(1) Screening within the buffer yard shall consist of one or a combination of the following:

A. A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

B. A non-living opaque structure such as a brick, slump block, stucco masonry wall, or a solid fence that is compatible with the principal structure.

C. A fence having openings through which light and air may pass together with a landscaped area.

D. A landscaped mound or berm at least 10 feet wide. Earth berming, if utilized, shall be at a maximum slope of 3:1 (horizontal to vertical) unless appropriate engineering measures are taken.

E. Approved. Provisions must also be taken to control surface water runoff so the rate of flow of surface water leaving the site would not be greater

F. Than if the site had remained undeveloped.

(2) The location of the wall, fence, or vegetation shall be placed within the buffer yard to maximize the screening effect as determined by the Planning Commission.

(3) Existing landscape material shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the Planning Commission, such material meets the requirements and achieves the objectives of this chapter.

(d) Height of Screening. The height of screening shall be in accordance with the following:

(1) Visual screening walls, fences, or mounds and fences in combination shall be a minimum of 6 feet high measured from the natural grade, in order to accomplish the desired screening effect.

(2) Vegetation shall be a minimum of 6 feet high measured from the natural grade, in order to accomplish the desired screening effect. The required height shall be achieved no later than twelve months after the initial installation.

(e) Placement of Screening. The location of the wall, fence, or vegetation shall be placed within the buffer area to maximize the screening effect. Trees, evergreens, and/or hedges shall be adequately spaced and appropriately staggered to meet the screening objectives within two years after the initial installation. The landscaping and buffer plan shall indicate the specific type of option(s) to be used.

(f) Additional Screening Required. Whenever a lot with a lower elevation than the abutting residential parcel requires screening and buffering, the height of the required screening shall be sufficient to adequately screen the site from the adjacent residential lot. The Planning Commission may, in its review of the landscaping plan, require more than the minimum requirements specified in this section in order to accomplish the desired screening effect.

(Ord. 19-10. Passed 11-7-19.)

1141.05 SCREENING OF PARKING LOTS ALONG STREET.

Whenever parking areas consisting of 5 spaces or more are located such that the parked cars will be visible from a public street, landscaping shall be planted and maintained between the street and the parking lot. Such landscaping shall be a minimum height of two and one-half feet, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of fifty percent (50%) of the parking area within two years after the initial installation.

(Ord. 19-10. Passed 11-7-19.)

1141.06 INTERIOR LANDSCAPING OF PARKING LOTS.

Landscaping in the interior of parking lots shall be provided in accordance with the following requirements.

(a) For any parking area designed to accommodate 30 or more vehicles, a minimum of five percent (5%) of the parking lot shall be planted as landscaped island areas. For the purpose of this Section, the area of a parking lot shall be the total vehicular surface area including circulation aisles.

(b) Such islands shall be developed and distributed throughout the parking lot so as to provide visual and climatic relief from broad expanses of pavement.

(d) Each island shall provide at least one major shade tree having a clear trunk height of at least 6 feet and a minimum caliper of 2 inches. Shrub plantings adjacent to a building along the perimeter of the parking lot, or in any part of a yard, shall not be counted as interior landscaping.

(Ord. 19-10. Passed 11-7-19.)

1141.07 SCREENING OF OUTSIDE STORAGE AREAS OR OTHER SERVICE AREAS.

In addition to all other landscaping standards in this section, screening shall be required to conceal specific nonresidential areas of high visual or auditory impact. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other landscaping material.

(a) Items to Be Screened. The following areas shall be screened in accordance with this section:

(1) Large waste receptacles (dumpsters) and refuse collection points (including large recycling containers);

(2) Loading and service areas;

(3) All outdoor storage areas;

(4) Mechanical equipment and utility meters not located on, and screened by, the building or structure.

(b) Screening Requirements

(1) All screening shall be approved during zoning permit review.

(2) All items to be screened shall be shielded from view from public roads and adjoining residential zoned property.

(3) All items to be screened shall be located in the side or rear yards.

(4) All items to be screened shall be provided with a visual screen consisting of fences, walls, berms or approved plant materials or a combination thereof. The screening shall be at least one foot higher than the item to be screened but not less than six feet in height and shall extend along three sides of the items to be screened. For dumpster, a gate shall be required on the fourth side where access is provided to the dumpster. The gate shall be opaque enough to shield from view the interior of the service area.

(5) If an adjacent building provides screening on one side of the service area, only two sides need to be screened, bermed, or walled, with a gate required in front of the service area. The gate shall be opaque enough to shield from view the interior of the service area.

(6) All plant materials used for required screens around service areas shall be of an evergreen variety.

(7) Roof mounted mechanical equipment shall be screened by parapet walls or other screening device with height not lower than six inches below the height of mechanical equipment

(8) Fences or walls shall be compatible with the architectural materials and patterns of the principal structure.

(Ord. 19-10. Passed 11-7-19.)

1141.08 LANDSCAPE MATERIALS.

The proposed landscape materials should complement the form of the existing trees and plantings, as well as the development's general design and architecture. The type of shade or sun should be considered in selecting plant materials.

(Ord. 19-10. Passed 11-7-19.)

1141.09 MAINTENANCE.

(a) Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be pruned, trimmed, and maintained in good and healthy condition.

(b) All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The property owner shall be responsible for continued, perpetual maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse, debris, and noxious and unsightly weeds at all times.

(c) All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first; while other defective landscape material shall be replaced or repaired within three months. Replacement material shall conform to the original intent of the landscaping and buffer plan.

(d) Violation of installation provisions or failure to maintain the landscaping shall constitute a violation of this Code. Such violation shall be grounds for the Chief Building Official to require replacement of the landscape material or initiate legal proceedings to enforce the provisions of this resolution.

(Ord. 19-10. Passed 11-7-19.)

1141.10 EXTERIOR LIGHTING STANDARDS.

The purpose of this section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting on nonresidential sites in order to preserve, protect and enhance the character of the Village and the safety of its residents.

(a) All outdoor lighting fixtures located on the site (including lighting for signs and on buildings) shall be arranged so as to:

(1) Provide safety, utility and security;

(2) Control light trespass and glare on adjacent properties and public roadways; and

(3) Reduce atmospheric light pollution.

(b) Lighting Plan Required: Lighting plans shall be submitted for approval with all applications for zoning permits in nonresidential districts and for all nonresidential uses in residential districts unless specifically exempted below.

(1) Decorative outdoor lighting fixtures with bulbs that do not exceed 25 watts, installed seasonally, are exempt from the requirements of this article.

(2) Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

(3) All outdoor lighting fixtures existing and legally installed prior to the effective date of this article shall be exempt from the requirements of this article. When existing lighting fixtures become inoperative, their replacements are subject to the provisions of this article.

(d) Outdoor Lighting Standards:

(1) All outdoor lighting fixtures subject to these requirements (including but not limited to lighting fixtures used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping), shall be full cut-off type fixtures, except for decorative light fixtures (See Figure 1141.10).

(2) Lighting attached to a canopy or awning shall be recessed ceiling fixtures.

(3) No light fixture shall exceed 24 feet above grade. The maximum height for non-cutoff lighting fixtures shall be 12 feet above grade.

(4) The maximum level of light trespass at a property line shall be 0.5 footcandles at the property line.

(5) Exterior lighting shall not be designed or located in such a way as to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district.

(6) Outdoor lighting shall not be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians. Mercury lighting shall be prohibited.

(7) Uniform lighting shall be provided to prevent various intensities of lighting throughout the parking area. Such uniform lighting shall be illustrated in the required lighting plan.

(8) Lighting attached to a building shall not be designed, located, or mounted so as to exceed the height of the building.

(9) The use of search lights, laser lighting, or lights that pulse, flash, rotate or simulate motion for advertising or promotions is prohibited.

(Ord. 19-10. Passed 11-7-19.)

1145.01 INTENT.

The provisions of this Chapter shall apply to any lot, use, building, or structure that was lawful at the time it was established but which has become nonconforming as a result of the adoption of this Planning and Zoning Code as well as amendments made to this Planning and Zoning Code or the Official Zoning Map.

In accordance with the ORC 713.15, the lawful establishment of nonconforming uses, buildings, lots, structures, signs, and other facilities is herein recognized by providing for the continuance of nonconforming status subject to regulations which limit their completion, restoration, reconstruction, extension and substitution. While it is the intent of this Planning and Zoning Code to permit such nonconforming status to continue until abandoned, removed or abated, the continued existence of a nonconforming status is considered to be generally inconsistent with the land use plan of the Village and should be discouraged. It is further the intent of these regulations that any nonconforming use, building, structure, sign or other facility shall not be reconstructed, enlarged, restored, expanded or extended, except in accordance with the regulations contained in this chapter. Further, the continuation of a lawful nonconforming status shall not be construed as a reason to permit additions to such nonconforming status not specifically permitted by this chapter.

(Ord. 19-10. Passed 11-7-19.)

1145.02 LAWFUL NONCONFORMANCE.

(a) A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.

(b) Ordinary repairs, repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.

(c) A zoning permit shall be required for any change to a nonconforming use/structure/lot beyond ordinary repairs noted in subsection 1145.02(b).

(Ord. 19-10. Passed 11-7-19.)

1145.03 COMPLETION OF CONSTRUCTION WITH ZONING PERMIT.

Nothing in this Planning and Zoning Code shall prohibit the completion of the construction and the use of nonconforming buildings for which a zoning permit has been issued prior to the effective date of this Planning and Zoning Code, or amendments thereto, provided that construction is commenced within ninety days after such effective date and if completed within one (1) year after the issuance of the zoning permit.

(Ord. 19-10. Passed 11-7-19.)

1145.04 NONCONFORMING USE OF BUILDINGS AND LAND.

Where, at the time of passage of any provision of the Planning and Zoning Code, a lawful use of land and/or structures exists which would not be permitted by said provision, the use may be continue so long as it remains otherwise lawful, provided:

(a) Expansion of Use Prohibited. No use shall be expanded, enlarged or increased in intensity. Such prohibited activity shall include, but shall not be limited to:

(1) Expansion of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code, or any amendment hereto which causes such use to become nonconforming.

(2) Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code, or any amendment thereto which causes such use to become nonconforming. Except a nonconforming use located in a structure not designed for any use permitted in the district in which such structure is located may be extended throughout any part of such structure; provided, however, that such expansion shall not be allowed unless off-street parking and loading spaces required for such expansion can be, and are, provided in accordance with the requirements and restrictions of Chapter 1137.

(3) An extension of the hours of operation of such use beyond the normal or previously approved or permitted hours of operation.

(b) Change in Use.

(1) A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.

(2) A nonconforming use in a structure not designed for a use permitted in the district in which it is located shall not be changed to any use other than a nonconforming use of the same or a more restricted classification and of the same or lesser level of intensity and impact as determined by the Board of Zoning Appeals or to a use permitted in the zoning district in which the structure is located.

(3) The following list provides guidance for determining a more restrictive classification of use. The most restrictive classification is shown first. In general, a residential use is to be deemed more restrictive than commercial, and commercial more restrictive than industrial.

A. Single-family Residential

B. Office

C. Retail/services

D. General Commercial

E. Light Industrial, Assembly

F. Manufacturing

(4) Once changed to a permitted use or to a more restrictive and less intensive use in accordance with Subsection (d) (1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is deemed changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.

(c) Structural Alteration or Enlargement. No building or structure containing a nonconforming use shall be structurally altered or enlarged.

(d) Moving. No nonconforming use (and associated building or structure) may be moved to any other part or parcel of land upon which the same condition existed at the time the use became nonconforming, except to make it a conforming use.

(e) Damage or Destruction. When a structure occupied by a nonconforming use is damaged or destroyed by any means to the extent of more than sixty-six percent (66%) of the area of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located. Reconstruction shall require a zoning permit, be constructed and restored as previously existing providing the construction and restoration is done within one (1) year from the date of said destruction and such nonconforming use is recommenced within ninety (90) days of completion of construction or restoration.

(f) Abandonment or Discontinuance. In accordance with ORC 713.15, if any such nonconforming use is voluntarily discontinued for a period of one year or more, any future use of such land shall be in conformity with the provisions of this Planning and Zoning Code.

(Ord. 19-10. Passed 11-7-19.)

1145.05 NONCONFORMING BUILDINGS AND STRUCTURES.

A building or other structure existing lawfully at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which does not conform to area or width of lot, yard dimensions, lot coverage, height of building or other regulations of the district in which it is located, is a lawful, nonconforming building or structure. Such structure may be continued so long as it remains otherwise lawful, provided:

(a) In the event such nonconforming building or structure is occupied by a nonconforming use, the restrictions for nonconforming uses in Section 1145.04 shall prevail.

(b) Such nonconforming structure may be expanded, remodeled, or enlarged on the same lot, provided such expansion, remodeling or enlargement is in conformance with current version of the Planning and Zoning Code.

(c) Should such nonconforming structure be destroyed by fire or other casualty to an extent of more than sixty-six percent (66%) of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the remainder of the building shall be demolished and shall not be reconstructed except in conformity with the provisions of the Planning and Zoning Code.

(d) Should the owner of the property intentionally demolish more than fifty percent (50%) of the area of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the remainder of the building shall be demolished and shall not be reconstructed except in conformity with the provisions of the Planning and Zoning Code.

(e) If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(Ord. 19-10. Passed 11-7-19.)

1145.06 NONCONFORMING PARKING FACILITIES.

A building or use existing lawfully at the time this Planning and Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with off-street parking regulations for the district or use in which it is located may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted in accordance with these regulations, then additional off-street parking spaces shall be provided as required in Chapter 1137.

(Ord. 19-10. Passed 11-7-19.)

1145.07 NONCONFORMING SIGNS.

A sign, lawfully existing at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Section 1139.12, Nonconforming Signs.

(Ord. 19-10. Passed 11-7-19.)

1145.08 NONCONFORMING LOTS OF RECORD.

(a) Any lot of record existing at the time of the adoption of any provision of this Planning and Zoning Code, which does not meet the requirements of said provision, shall be considered buildable provided that the proposed construction meets all setback requirements established by the Planning and Zoning Code, except as otherwise permitted in this Chapter.

(b) No such lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width and area requirements established by the Planning and Zoning Code, nor shall any division be made which creates a lot width or area below the requirements stated in the Planning and Zoning Code.

(c) Where a lot of record at the time of the effective date of this Zoning Ordinance is of less width and/or lot area than the minimum width and area required in the district in which the lot is located, the owner shall be permitted to construct a new dwelling or enlarge or structurally alter an existing dwelling to provide additional enclosed space for living or garage purposes in

compliance with the following:

(1) The minimum required side yard may be reduced to ten percent (10%) of the lot width at the building setback line provided that no one side yard shall be less than ten feet.

(2) The minimum required rear yard depth may be reduced to twenty percent (20%) of the lot length.

(d) If two or more vacant lots of record or a combination of lots and portions of lots, with contiguous frontage in single ownership, are nonconforming as defined in this section, such lots shall be combined in order to decrease the level of nonconforming to the lot area and width regulations of the district in which the lots are located.

(Ord. 19-10. Passed 11-7-19.)

1145.09 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.

Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of a zoning amendment, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conforming use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in ownership shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1109.

(Ord. 19-10. Passed 11-7-19.)

1145.10 NONCONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.

(a) If a nonconforming site condition(s) exists when a development plan is required pursuant to Chapter 1107, then such site condition(s) shall be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions.

(b) Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the amount or location of parking and access on the site in question, and the location of utilities both on and off-site. In such case, the Planning Commission shall approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.

(Ord. 19-10. Passed 11-7-19.)

1145.11 NONCONFORMING STATUS.

Any person or corporation claiming right of operation or use as a lawful nonconforming use as described in this section shall make and preserve reasonable records and other proofs of existence and extent of such use at the time it becomes nonconforming due to this Planning and Zoning Code or amendments hereto.

(Ord. 19-10. Passed 11-7-19.)

North Perry City Zoning Code

TITLE TWO

Zoning Regulations

1121.01 DISTRICTS ESTABLISHED.

P-1 Parks and Open Space

R-1 Residential Single-Family, 3/4 Acre

C-1 Commercial

M-1 Mixed Use Office and Light Industrial

I-1 Light Industrial

I-2 Industrial

(Ord. 19-10. Passed 11-7-19.)

1121.02 ZONING DISTRICT MAP.

(c) No changes of any nature shall be made to the official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance.

(Ord. 19-10. Passed 11-7-19.)

1121.03 DISTRICT BOUNDARY LINES.

(b) Boundary Interpretation. All zoning district boundary lines shown on the Zoning Map shall be interpreted and determined as follows:

(1) Where boundaries apparently follow lot lines and are not more than ten feet therefrom, the lot lines shall be construed to be such boundaries;

(2) Where boundaries apparently follow streets, alleys or railroad lines, the center lines of such streets, alleys or railroad lines shall be construed to be such boundaries;

(4) Where boundaries approximately follow municipal corporation limits, such boundaries shall be construed as following such limits.

(5) In all other cases, the location of any boundary line, unless indicated by dimensions of the Zoning Map, shall be determined by the use of the scale appearing thereon.

(Ord. 19-10. Passed 11-7-19.)

1121.04 IDENTIFICATION OF PROPERTIES IN FARM AND RANCH LANDS PROTECTION PROGRAM.

(Ord. 19-10. Passed 11-7-19.)

1123.01 INTENT.

(Ord. 19-10. Passed 11-7-19.)

1123.02 PERMITTED USES.

(a) Permitted Use Table Summary. Table 1123.02 sets forth the uses allowed in the P-1 Parks and Open Space district. The abbreviations used in the table are described as follows:

Table 1123.02 P-1 Parks and Open Space District Permitted Use Table
	P-1 District	Use-Specific Standards See Section
Principal Uses
(1) Agriculture.	P	1131.02(b)
(2) Village government facility including buildings, structures and grounds	P	--
(3) Administration offices essential to the operations of a park not owned by the Village	C	--
(4) Campgrounds, cabins, tents yurts, and similar temporary lodging	C	1131.02(r)
(5) Public indoor recreation assembly halls, including meeting rooms, kitchen facilities and space for the display of natural or historical artifacts or collection	C	1131.02(q)
(6) Public open space including forests and wildlife reservations	P	--
(7) Public outdoor active recreation facilities including beaches and pools, boat launch facilities, sport fields, and other sporting activities	C	1131.02(r)
(8) Observation tower	C	1123.06(d)
(9) Public outdoor passive recreation facilities including parks, picnic areas, shelters, playgrounds, and trails	P	--
(10) Wireless telecommunications tower	C	1131.03
Accessory Uses and Structures
(11) Garages, maintenance building, out building customarily incident to the above uses and grounds maintenance	A	--
(12) Fences	A	1133.02
(13) Off-street parking areas	A	1137
(14) Signs	A	1139
P = Permitted by right C = Conditional A= Accessory

(Ord. 19-10. Passed 11-7-19.)

1123.03 PRESERVATION REGULATIONS.

(a) Pollution of waterways with sewage, trash, soil or other pollutants shall be prohibited.

(c) The planting of trees, shrubs and aids for the protection of natural wildlife and for erosion control shall be encouraged.

(Ord. 19-10. Passed 11-7-19.)

1123.04 LOT REQUIREMENTS.

(a) The area of a lot used for P-1 uses shall not be less than 10 acres.

(b) The minimum lot width shall be 500 feet.

(Ord. 19-10. Passed 11-7-19.)

1123.05 SETBACK REQUIREMENTS.

All buildings, structures, accessory uses and parking areas shall be located in compliance with the following:

(a) The minimum setback from the street right of way shall be: 100 feet.

(b) The minimum setback from side lot lines and rear lot line shall be 100 feet.

(Ord. 19-10. Passed 11-7-19.)

1123.06 BUILDING STRUCTURE REGULATIONS.

Building and structures shall comply with the following:

(a) All structures comprised of 1,000 square feet total floor area or larger shall be considered principal buildings. Smaller buildings shall be considered accessory structures.

(b) The maximum height of principal buildings shall not exceed 35 feet.

(d) An observation tower may be permitted to be erected to a maximum height of 50 feet in a public park and when approved by the Planning Commission as a conditional use according to Chapter 1109.

(Ord. 19-10. Passed 11-7-19.)

1125.01 INTENT.

The Single-Family Residential District (R-1) and its regulations are established in order to achieve, among others, the following purposes:

(a) To preserve and protect the scenic beauty, the ecology and semi-rural character of the Village for the benefit of its citizens.

(b) To protect the desirable characteristics and promote the stability of existing residential development.

(c) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of North Perry.

(Ord. 19-10. Passed 11-7-19.)

1125.02 PERMITTED USES.

(a) Permitted Use Table Summary. Table 1125.02 sets forth the uses allowed in residential districts.

The abbreviations used in the table are described as follows:

(3) Accessory Uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1125.02 and that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

Table 1125.02 Residential Districts Permitted Use Table
	R-1 Zoning District	Use-Specific Standards See Section:
Principal Uses
(1) Agriculture	P	1131.02(b)
(2) Residential
A. Single-Family Dwellings	P	--
B. Adult family homes or small residential facilities	P	1131.02(a)
C. Use of single-family dwelling for short term rental	P	1131.02(y)
D. Bed and Breakfast	C	1131.02(d)
E. Flag Lot Development	C	1125.08
F. Rooming house, boarding house	P	1131.02(e)
(3) Village government facility	P	--
(4) Public parks, playgrounds, and recreational facilities	C	1131.02(v)
(5) Places of Worship/Church	C	1131.02(w)
(6) Cemeteries	C	1131.02(g)
(7) Wireless Telecommunication Facility	C	1131.03

Table 1125.02 Residential Districts Permitted Use Table
	R-1 Zoning District	Use-Specific Standards See Section:
Accessory Uses
(8) Accessory buildings including garages	A	1133.03, 1133.04
(9) Family day care home, Type “B”	A	1133.06
(10) Fences	A	1133.02
(11) Home occupation	A	1133.07
(12) Keeping and raising farm animals	A	1131.02
(13) Ponds and lakes	A	1133.09
(14) Roadside Stand	A	1131.02
(15) Swimming pools	A	1133.08
(16) Temporary uses	A	1133.11
P = Permitted by right C = Conditional A= Accessory NP = Use not permitted in district

(Ord. 19-10. Passed 11-7-19.)

1125.03 LOT REQUIREMENTS.

Lots created in a Residential District shall comply with the area and dimension requirements specified below.

(a) Minimum Lot Area. The area of a lot that may be used for the purposes of a dwelling unit shall not be less than 33,000 square feet, except as otherwise regulated in this Code.

(b) Minimum Lot Width and Street Frontage.

(1) The width of a lot, measured at the building line, shall not be less than 100 feet, except for lots fronting on a cul-de-sac or curved roads as set forth below.

(2) The street frontage shall not be less than 100 feet, except for lots fronting on a cul-de-sac or curved roads as set forth below.

(4) The width of a corner lot shall be sufficient to comply with the side yard requirements.

1125.04 BUILDING SETBACK AND YARD REQUIREMENTS.

Principal buildings shall be located on a lot in a manner that maintains the minimum front, side and rear yards set forth in this section for the district in which the lot is located.

(a) Front Yard.

(1) The setback of all buildings from the street right-of-way on which the building fronts shall not be less than 75 feet, except as otherwise permitted below.

(b) Side Yards: Dwellings shall be setback a minimum of 15 feet from a side lot line.

(e) Projections into Required Yards. No portion of any building may project into the setbacks established in Subsections 1125.04(a) through 1125.04(d), except that:

(1) The ordinary projections of sills, belt courses, cornices and ornamental features may project not more than two (2) feet into a required yard.

(2) Uncovered steps, balconies or porches may project not more than five (5) feet into a required yard.

(Ord. 19-10. Passed 11-7-19.)

1125.05 HEIGHT REGULATIONS FOR PRINCIPAL BUILDINGS.

(a) The height of principal buildings shall not exceed 35 feet.

(b) Chimneys, radio antennas and television antennas located on and constituted as an integral part of a principal building may be erected to a height not to exceed 50 feet.

(Ord. 19-10. Passed 11-7-19.)

1125.06 DWELLING UNIT REQUIREMENTS.

In order to promote healthful living conditions and to stabilize the value and character of

residential areas, single-family dwelling units shall be erected and maintained only in accordance with the minimum floor area requirements set forth in this Section.

(a) Each single family dwelling shall have at least one story wholly above finished grade.

Table 1125.06 Dwelling Unit Minimum Floor Area Requirements
	R-1
(1) Minimum total square footage	1,800 sq ft
(2) Minimum square footage on first floor	1,000 sq ft
Sq ft = feet