Norwalk City Zoning Code
TITLE ELEVEN
Zoning General Provisions
CHAPTER 1175 Site Plan Review Process
1171.01 INTENT.
Within the districts established by this Ordinance or subsequent amendments, there exist lots, structures, and uses which were lawful before the Ordinance was passed or amended but which would be prohibited under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed voluntarily. The legitimate interest of those who lawfully established these non-conformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution.
1171.02 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance, and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.
1171.03 CERTIFICATES FOR NON-CONFORMING USES.
The Zoning Inspector may, upon his or her own initiative, or shall, upon the request of any owner, issue a certificate for any property that certifies that the property is a valid non-conformity. The certificate shall specify the reason why the use is a non-conformity, the extent of the non-conforming use, structure, or non-conforming dimensional requirements. One (1) copy of the certificate shall be returned to the owner and one (1) copy shall be retained by the Zoning Inspector, who shall maintain as public record a file of all such certificates.
1171.04 SUBSTITUTION OF NON-CONFORMING USES.
So long as no structural alterations are made except as required by enforcement of other codes or Ordinances, any non-conforming use may, upon appeal to and approval by the Board of Zoning Appeals be changed to another non-conforming use.
1171.05 NON-CONFORMING USE MADE TO CONFORM.
Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.
1171.06 SINGLE NON-CONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district in which such lot is located. Variances of requirements listed in Chapter 1173 Supplementary District Regulations of this Ordinance, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals as provided in Section 1137.02.
1171.07 NON-CONFORMING LOTS OF RECORD IN COMBINATION.
If two (2) or more lots, or a combination of lots or portion of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of these do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance.
1171.08 NON-CONFORMING USES OF LAND.
Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
A. The non-conforming use may not be enlarged or increased unless approval by the Board of Zoning Appeals has been granted to the applicant.
B. Upon Board of Zoning Appeals approval, a non-conforming use may be extended throughout a building which was designed and arranged for such use if no structural alterations are made, except those required by law.
C. All non-conforming uses of land not involving any building or structure may be continued for a period of two (2) years after the date of enactment of the Zoning Ordinance and at the end of which period such non-conforming use shall cease or shall be changed to a conforming use.
D. If a non-conforming use is voluntarily discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
1171.09 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption of amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, build, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. If a structure is non-conforming due to a yard requirement, the structure may be enlarged or increased provided it does not increase its non- conformity. For example, if a structure is non-conforming due to a front yard setback, the structure may be enlarged only to the extent that the previously established front yard setback is not further reduced (see Illustration A).
B. Should a non-conforming structure be destroyed, damaged or removed by any means, including acts of God but not including acts of malicious mischief or vandalism not caused by or on behalf of the owner, to a point that the remaining structure is equal to or less than sixty percent (60%) of the area of the structure, (exclusive of foundation) prior to such destruction, damage, or removal, the structure shall not be rebuilt or restored on the same location, except in conformity with the regulations for the district in which it is located. Any rebuilding or restoration of such non-conforming structure shall commence within six (6) months of the occurrence of the damage, destruction or removal, or the remainder of the structure shall be removed. In the event such non-conforming structure is not rebuilt or restored, it shall be totally removed within six (6) months of the occurrence of the damage, destruction or removal.
C. Should a non-conforming structure be damaged, destroyed or removed by any means to a point that the remaining structure is greater than 60% of the area of the structure (exclusive of foundation) prior to such damaged, destruction or removal, the structure may be rebuilt on the same location to the same dimensions and location of the original structure, with construction beginning within six (6) months of the destruction, damage or removal.
D. The time periods provided herein for construction, rebuilding or restoration, of any structure subject to this section may be extended by the Code Enforcement Officer for good cause upon application by the owner made prior to the expiration of any such time period. Good cause shall not include undue delay on the part of the owner in commencing such construction, rebuilding or restoration or in pursuing insurance or financing.
E. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for that district in which it is located after it is moved. (Ord. 2011-018. Passed 5-17-11.)
1171.010 REPAIRS AND MAINTENANCE.
Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof. Where appropriate, a building permit for such activities shall be required.
1171.011 ABANDONED AUTOMOBILE SERVICE STATIONS, GAS STATIONS, OR FILLING STATIONS.
A. For the purpose of this Ordinance, an abandoned automobile service station, gas station, or filling station shall be defined as one (1) in which the petitioner or lessee has failed to operate for at least six (6) consecutive months in any eighteen (18) month period.
B. All automobile service stations, gas stations, or filling stations where use is discontinued after the enactment of this Ordinance shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property, or general welfare of the community and shall be abated
(ORC 3791.11-13 and 3791.99).
(ORC 3791.11-13 and 3791.99).
1173.01 GENERAL.
The purpose of supplementary district regulations is to set specific conditions for various uses, classifications of uses, or areas wherein problems may occur in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.
1173.02 PRINCIPAL BUILDING/REAR DWELLINGS PER LOT.
No more than one (1) principal building or structure may be constructed upon any one (1) lot for the purposes of this Ordinance, unless it is in full compliance with the City of Norwalk Subdivision Regulations. Rear dwellings shall be prohibited and shall be considered non-conforming uses subject to the requirements of Chapter 1171 of this Ordinance, unless for purposes of a single-family dwelling there is a street frontage of a minimum of 50 feet, the dwelling faces the street, and is addressed in sequence with the other addresses on the street.
1173.03 CONVERSION OF DWELLING TO MORE UNITS.
A residence may not be converted to accommodate an increased number of dwelling units unless:
A. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
B. The lot area per family equals the lot area requirements for new structures in that district.
C. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
D. The conversion is in compliance with all other relevant codes and Ordinances.
E. The district within which the residence is located is so regulated as to allow such increase in dwelling units.
1173.04 EXISTING LOTS OF RECORD.
Any lot of record existing at the effective date of this Section in any R District which is pocketed by buildings existing on the two (2) lots adjoining at the side which are in different ownership, may be used for the erection or reconstruction of a single-family dwelling, even though its area and width are less than the minimum requirements set forth herein. Where two (2) adjoining lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require that the lots be combined and used for one (1) main building or use. In either case, the prevailing or required setback shall be met. Where three (3) or more contiguous unimproved lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require replatting to fewer lots to permit compliance with the minimum yard requirements.
1173.05 TEMPORARY BUILDINGS AND USES.
The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a temporary Zoning Permit, an application for a Zoning Permit shall be made to the Zoning Inspector at least seven (7) days before the installation of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use.
A. The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
1. Real estate sales offices which shall contain no living accom modations, shall be permitted within any district for any new subdivision for a period of one (1) year, except that two (2), six- (6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the Zoning Permit, whichever occurs first.
2. Temporary buildings, construction trailers, offices, equipment, and materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that six- (6) month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the Zoning Permit, whichever occurs first.
3. Except as authorized in Section 1173.05, temporary buildings or other temporary facilities are strictly prohibited. This prohibition includes, but is not limited to, the use of trailers of any description as a building or storage facility.
(Ord. 2003-067. Passed 11-18-03.)
B. Written application for a temporary permit shall be made to the Zoning Inspector. The application shall include:
1. The address of the property and the name, address, and telephone number of the owner and occupant of the property.
2. A description of the business’ temporary use sought to be carried on.
3. The number and names of persons to be involved in the business.
4. Any additional information required by the Board of Zoning Appeals to establish the advisability of granting the permit.
1173.06 REGULATION OF ACCESSORY USES AND BUILDINGS.
It is the purpose of Section 1173.06, inclusive of this Ordinance, to regulate accessory uses in order to promote the public health, safety and welfare. It is the intent of this Section to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties. This Section shall apply to the location and maintenance of accessory uses as herein defined. A Zoning Permit is required.
(Ord. 99-45. Passed 7-13-99.)
A. General Requirements
Except as otherwise provided in this Ordinance, an accessory use or structure shall be permitted in association with a principal use or structure provided that:
1. It shall not contain or be used as a dwelling unit.
2. It shall not exceed fifteen feet (15') in height.
4. An accessory building may be detached from the principal building or erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.
5 Except as provided in Section 1173.09, accessory buildings shall only be erected in a rear yard, and shall not occupy more than thirty-five percent (35%) of the rear yard.
(Ord. 2000-52. Passed 6-20-00.)
6 All accessory buildings shall be erected at least six feet from any dwelling which it is not an integral part of and shall be at least six feet from any other accessory building, and shall be at least five feet from all lot lines of any adjoining lot within any R District. No part of any accessory building shall be erected on any lot at a distance greater than 250 feet from the street right-of-way line located at the front of the lot.
(Ord. 2001-71. Passed 9-4-01.)
B. Accessory Elderly-Dwelling Unit
Notwithstanding the provisions of Section 1173.03 of this Ordinance, an owner-occupied, single-family dwelling unit may be converted to allow the incorporation of one (1) additional dwelling unit for the exclusive occupancy of an elderly household, a member of which shall be an elderly person related to the owner of the single-family dwelling unit. Such accessory elderly dwelling unit shall be wholly contained within the existing principal building or shall be attached to it by a common wall, floor, or ceiling. The application for the Zoning Permit for such conversion shall be accompanied by an affidavit attesting to the owner's present occupancy of the dwelling unit and to the age and relationship of the elderly person.
C. Retail Sales and Services as an Accessory Use
Retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not for the general retail public. In hospitals and clinics these accessory uses may include drug stores, florists, gift and book shops, and cafeteria institutional settings; office buildings, hotels, country club houses, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, beauty and barber shops.
D. Accessory Buildings Used for Storage
Accessory buildings used for storage shall not include the use of temporary structures including tents, trailers, mobile homes, auto or truck bodies, beds, boxes, trailers, truck caps and campers, or railroad cars whether affixed to a permanent foundation or not. Accessory buildings used for storage shall otherwise meet all other zoning setback, height, area, and percent of lot coverage requirements for the particular use or district in which located, and shall be maintained in good condition.
(Ord. 99-45. Passed 7-13-99.)
E. Construction Prior to Main Building in any R District
No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, except for use to store tools and materials during construction of the principal or main building. (Ord. 2000-52. Passed 6-20-00.)
1173.07 REDUCTION OF AREA OR SPACE.
No lot, yard, parking area, or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area, or other space less than the minimum required by this Ordinance. Furthermore, any lot, yard, parking area or other space which is already less than the required minimum, shall not be reduced further. However, nothing in this Section shall be interpreted to limit the power of the Board of Zoning Appeals in the granting of variances under this Ordinance.
1173.08 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.
A. Setback Requirements for Corner Buildings
On a corner lot, the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located. The principal building shall have two (2) side yards and no rear yard.
B. Visibility at Intersections
On a corner lot at the intersection of two (2) alleys, or at the intersection of an alley and a street within any district, nothing shall be installed, erected, placed, planted, or allowed to grow in such manner as to impede vision materially between a height of two and a half feet (2 ½') and ten feet (10') above the center line grades of the intersecting alleys or of the intersecting alley and street in the area bounded by the right-of-way lines of such corner lots and a line joining points along said alley lines, or alley and street lines fifty feet (50') from the point of intersection.
C. Yard Requirements for Multiple-Family Dwellings
Group or multiple-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.
D. (EDITOR’S NOTE: Former subsection D. was repealed by Ordinance 2000-53, passed June 20, 2000.)
E. Exceptions to Height Regulations
1. The height limitations contained in Chapters 1151 through 1167 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
2. No structure shall be constructed in excess of the height that can be safely protected by all available fire fighting equipment except where in-structure fire protection is provided.
1173.09 ARCHITECTURAL PROJECTIONS.
A. Open structures such as porches, canopies, balconies, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached, and shall not project into the required minimum front, side, or rear yard, unless otherwise permitted in the Zoning Ordinance.
B. Decks, platforms, and patios, essentially open to the sky, shall not project into the required minimum front or side yard, but may extend to 10 feet from the rear lot line.
(Ord. 2001-94. Passed 10-2-01.)
1173.010 CONSTRUCTION IN EASEMENTS.
Easements for installation, operation, and maintenance of utilities and drainage facilities are reserved as shown on each plat when recorded or otherwise established. Within these easements, no permanent building or structure shall be placed or permitted which may damage or interfere with the installation, operation, and maintenance of such utilities, or which may change the normal direction of flow or drainage channels within the easement. The easement area of each lot and any improvements within it, shall be maintained continuously by the owner of the lot, except for those improvements for which public authority or a utility is responsible.
1173.011 CONSTRUCTION ON EMBANKMENTS.
Where a fence or wall is constructed on an embankment or where the ground under a fence has been graded to a higher level than the surrounding ground, the permissible height of the fence, as set forth in Section 1173.015, shall be reduced by the height of the embankment or grading.
1173.012 SETBACK FROM PUBLICLY ESTABLISHED DRAINAGE DITCHES.
In all districts a setback of twenty feet (20') from the top of the bank, measured at right angles thereto, shall be provided for all buildings or structures erected along such ditch. Wherever practical, the area so used shall be on one (1) side of the ditch only; however, this dimension may be increased by the Planning Commission if the circumstances indicate that the equipment to maintain such drainage course would require a greater width in which to operate (ORC 6137.12).
1173.013 PARKING AND STORAGE OF VEHICLES AND TRAILERS.
A. No commercial vehicle with a net capacity rating in excess of two and one half (2-1/2) tons, including commercial tractors, automobiles, trucks, buses, house trailers, or semi-trailers, shall be parked or stored on any property within a residential zoning district other than in a completely enclosed building. Those commercial vehicles conveying the necessary tools, materials, and equipment to a premises where labor using such tools, materials, and equipment is to be performed during the actual time of parking are exempt.
(Ord. 99-45. Passed 7-13-99.)
B. Automotive vehicles or trailers of any type without current license plates shall be parked or stored on any residential property in a completely enclosed building. A maximum of one (1) boat and/or one (1) unoccupied recreational vehicle may be stored in the rear yard or side yard of any residentially zoned property if it has a current license, meets the requirements for accessory structures and is screened according to the requirements of this Ordinance.
(Ord. 2001-72. Passed 9-4-01.)
1173.014 LONG-TERM PARKING FACILITIES FOR ALL TYPES OF VEHICLES.
In addition to complying with all other provisions of this Ordinance, the applicant shall comply with the following conditions, whether or not the long-term parking facility is an accessory use or primary use of a lot:
A. That no boundary of the proposed parking area is within fifty feet (50') of a residential district boundary.
B. That the proposed parking area will not prevent access to adjacent properties by fire safety equipment.
C. That the proposed parking area will be screened in such a manner that the vehicles thereon parked will not be visible from the ground level of any adjacent residential properties.
D. That fencing and lighting of the facility will be sufficient to provide for its reasonable security.
E. That no service work, maintenance work, repair work, painting work, or other vehicular work shall take place on the premises.
1173.015 SCREENING FOR NON-RESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Screening or buffering in compliance with the provisions of this Section shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential district, in addition to setback and yard requirements provided elsewhere in this Ordinance. Applicants for a Zoning Permit may request a variance from yard or setback requirements in conjunction with a plan for screening, which the Board of Zoning Appeals may consider by weighing the relationship of the proposed screening plan and the requested dimensional variance with respect to their joint impact upon neighboring properties. Such requested variance for a conditionally permitted use shall be incorporated in the conditional use procedure. The following provisions shall apply with respect to screening:
A, Screening shall be provided for one or more of the following purposes:
1. A visual barrier to partially or completely obstruct the view of structures or activities.
2. An acoustic screen to aid in absorbing or deflecting noise.
3. A physical barrier to contain debris and litter.
B. Screening may consist of one (1) of the following or a combination of two (2) or more as determined by the Zoning Inspector or Board of Zoning Appeals in the event of an appeal or variance and by the Planning Commission in the event of a conditional use:
1. A solid masonry wall.
2. A solidly constructed decorative fence.
3. A louvered fence.
4. A dense vegetative planting.
5. A landscaped mounding.
C. Height of screening shall be in accordance with the following:
1. Visual screening walls, fences, plantings, or mounds shall be a minimum of five and one-half (5 ½) feet high in order to accomplish the desired screening effect, except in required front yards where maximum height shall be not greater than two and one-half (2 ½) feet. Plantings shall be a minimum of four feet (4') in height at the time of planting.
2. A dense vegetative planting with a minimum height of four feet (4') at planting and a mature height of at least five and one-half feet (5 ½’) or greater or a solidly constructed decorative fence shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.
D. Screening for purposes of absorbing or deflecting noise shall have a depth of at least fifteen feet (15') of dense planting or a solid masonry wall in combination with decorative plantings. The height shall be adequate to absorb noise as determined by the Zoning Inspector in relation to the nature of the use.
E. Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts, or curbing to avoid damage by vehicles.
F. All screening shall be trimmed, maintained in good condition, and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
(Ord. 99-45. Passed 7-13-99.)
1173.016 FENCES AND WALLS.
A. Fences and walls shall be allowed in any zoning district only in accordance with this Section. No person shall erect, install or maintain a wall in violation of the provisions of this Section.
B. The following types of fences are permitted:
1. Solid Fences: board on board or alternating board on board fences, solid picket fences, stockade or palisade fences, brick or stone wall fences, or living plant fences.
2. Open Fences: chain link fences, bollard and chain fences, open picket fences, smooth rail fences, split rail fences, contemporary rail fences or wrought iron fences.
3. Barbed Wire Fences: fences comprised of or incorporating barbed wire, razor wire or concertina wire.
C. The various types of fences are permitted only in the following zoning districts:
1. Solid fences and walls are permitted in all zoning districts.
2. Open fences are permitted in all zoning districts.
3. Barbed wire fences are permitted in the M-1 and M-2 zoning districts.
D. The following general requirements apply to fences and walls:
1. The height of a fence or wall shall be measured from the established grade line to the highest point of the fence or wall including posts and finials.
2. The height of a fence or wall may not be artificially increased by the use of mounding.
3. Front yard fences and walls between the street right-of-way line and the building setback line shall not exceed thirty inches (30") in height.
4. Side yard and rear yard fences and walls shall not exceed seventy-two inches (72") in height.
5. Supporting members for fences and walls shall be installed so as not to be visible from any other property which adjoins or faces the fence or wall being installed, except where the supporting members are identical in appearance on both sides of the fence or wall.
6. A fence or wall shall not be installed or constructed so as to adversely affect the vision of motor vehicle operators on public streets or emerging from alleys, streets or driveways intersecting public streets. No fence or wall shall be installed or constructed in the area between the paved street and the sidewalk.
7. Barbed wire fences shall be comprised of barbed wire, razor wire or concertina wire strung not more than twelve inches (12") above a permitted fence.
E. Fences and walls may be installed or constructed up to the property line. It is the responsibility of the property owner installing or constructing the fence or wall to determine the location of the property line and to insure that the fence or wall so installed or constructed does not encroach upon the adjoining property, lot or right- of-way.
F. No persons shall install or construct a fence or wall without first obtaining a permit therefor from the City Zoning Office.
G. Maintenance: Fences shall be kept in proper repair and maintained so as not to create conditions which endanger the health, comfort or safety of the public.
H. Any person denied a permit under this section or otherwise aggrieved by an action of the Zoning Officer may file an appeal in accordance with Chapter 1137 of the Codified Ordinances.
I. Any person who violates this section shall be guilty of a minor misdemeanor and shall further be subject to the enforcement provisions of the Zoning Ordinance. (Ord. 2016-025. Passed 5-3-16.)
1173.017 SHRUBBERY AND HEDGES.
No shrubbery or hedge shall be planted beyond the property lines. The owner or occupant of realty on which there is shrubbery, hedges, or trees so located as to affect the vision of drivers on the public streets shall keep shrubbery and hedges trimmed to a maximum of thirty inches (30") in height and keep trees trimmed in order to avoid creating traffic hazards.
1173.018 PENALTY.
If any provision of Sections 1173.015 and 1173.016 is violated, the Zoning Inspector may order that the fence, wall, or hedge be removed. If the fence, wall, or hedge is not removed within ten (10) days of the order, the owner shall be fined ten dollars ($10) for each day the violation exists. Where trimming is not done within ten (10) days after notice by the Zoning Inspector, the employees of the City may enter upon the property and trim the shrubbery, hedges, or trees at the expense of the property owner. Any shrub, hedge, or tree found to be located upon public property may be removed by the City at any time.
1173.019 ADULT BUSINESSES.
In addition to complying with all regulations within the district where they are located, all adult entertainment business shall comply with the following criteria:
A. No adult entertainment business shall be permitted in a location which is within one thousand five hundred feet (1,500') of another adult entertainment business.
(Ord. 99-45. Passed 7-13-99.)
B. No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000') of any church, any public or private school, any public library, any park, any playground, or any social services facility or neighborhood center.
(Ord. 2001-73. Passed 9-4-01.)
C. No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000') of any residence or boundary of any residential district.
D. No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000') of any boundary of any residential district in a local unit of government abutting the City.
(Ord. 99-45. Passed 7-13-99.)
1173.020 ADULT GROUP RESIDENTIAL FACILITIES.
In addition to all other applicable provisions of this Ordinance, Adult Group Residential Facilities shall comply with the following criteria.
A. Evidence is presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency.
B. Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy.
C. No such facility may be located within six hundred feet (600') of another such facility.
D. The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
E. Such facility shall be reasonably accessible by virtue of its location or transportation provided by the applicant to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
F. The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
G. The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
1173.021 AMUSEMENT ARCADES.
Amusement arcade shall comply with the following in addition to all other regulations that apply in this Ordinance and Chapter 705 in the Codified Ordinance of the City of Norwalk:
A. An adult who is eighteen (18) years of age or over shall supervise the amusement arcade at all times during its hours of operation.
B. It shall be the obligation of the exhibitor of an amusement arcade to maintain peace and quiet and order in and about the premises. Failure to do so shall constitute a nuisance.
C. Coin operated amusement machines shall be placed at least two feet (2') apart and have four feet (4') of free space in front of the machine separate and apart from walking aisles.
D. The applicant shall provide evidence that the structure meets the minimum requirements of the appropriate electrical and fire codes.
E. If the place of business or premises for which an amusement arcade is proposed is a free-standing building, an exterior lighting plan must be approved by the Board of Zoning Appeals.
F. In establishments which serve alcoholic beverages, any area containing amusement devices shall be visually separated from that portion or portions of the establishment wherein alcoholic beverages are served or sold for carrying out of the premises.
G. No amusement arcade may be established, operated, or maintained in any place of business or on any premises which is within five hundred feet (500') of any adult entertainment business or within one thousand feet (1,000') of a school.
H. The applicant shall be required to file a copy of a license to operate and exhibit amusement devices and a notarized statement that the applicant shall not permit any school-aged person sixteen (16) years of age or younger to operate any devices on the premises between the hours of 8:00 p.m. and 6:00 a.m., unless accompanied by a parent or legal guardian.
1173.022 CHILD CARE.
Home-operated child care with attendance at any given time of six (6) or less is allowed in any residential district. No zoning permit is required for this type of child care.
Home-operated child care with between seven (7) and twelve (12) children in attendance at any given time may also be allowed in R-2 and R-3 Districts as a conditional use. The petitioner shall be required to obtain a zoning permit by proving that he or she has complied with all applicable state laws, and copies of the state permits shall be filed with the Zoning Inspector. The zoning permit will expire on a yearly basis. The zoning permit shall be renewed by the Zoning Inspector with proof that the petitioner has complied with all applicable state laws governing child care centers.
(Ord. 2001-74. Passed 9-4-01.)
A. Child Care Centers With More Than Twelve (12) Children in Attendance
Child care centers with an average daily attendance of more than twelve (12) children are subject to the following regulations:
1. The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
2. Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
B. Review of Child Care Centers
Review of a child care center shall include, but is not limited to:
1. Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
2. Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
3. Submission of a site plan in accordance with Section 1175.
4. Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
5. Compliance with all laws, Ordinances, and regulations pertaining thereto.
In order to operate a child care center, the petitioner must apply for a child care center permit with an application fee adopted by resolution by the City Council. The application will be reviewed by the Zoning Inspector who has the power to grant or deny the permit. If the Zoning Inspector denies the permit, the petitioner may appeal to the Board of Zoning Appeals for reconsideration of issuance of the permit.
1173.023 FIRE HAZARDS.
Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
1173.024 YARD SALE, REGISTRATION AND PERMIT REQUIRED.
Yard sales as hereinafter defined are permitted in any residential district and are subject to the following conditions:
A. Upon registration, the yard sale shall only be permitted at the one (1) location for a period not to exceed four (4) consecutive days. No person shall conduct a yard sale without first obtaining a permit from the Office of the Safety/Service Director.
B. Not more than four (4) such yard sales at the same location will be permitted in any one (1) calendar year and there shall be a period of at least thirty (30) days between the effective dates of each permit.
C. Such yard sales are permitted between the hours of 8:00 a.m. and 9:00 p.m.
D. No signs may be posted except on private property advising the public of such sale, and all signs must be removed within twenty-four (24) hours after the termination of the sale.
E. A legally permitted yard sale is limited to one sign, not greater than four square feet (4 sf) in size and which is located on the sale premises for a time period of four (4) consecutive days. Such signs shall not be located in a public right-of-way. Yard sale signs conforming to the above requirements do not require a sign permit.
F. All items displayed for sale must be displayed on the premises at the location stated on the registration permit form.
G. For the purposes of this section, “yard sale” means the offering for sale of miscellaneous items of personal property at a residence where the sale is incidental to the primary use of the premises as a residence and is not conducted as or incidental to a business. “Yard sale” includes “porch sale”, “garage sale”, “tent sale” and any similar sale.
(Ord. 2010-023. Passed 7-13-10.)
1173.025 HOME OCCUPATIONS.
Home Occupations shall require a permit and shall comply with all of the following regulations: (Ord. 99-45. Passed 7-13-99.)
A. There shall be no more than one (1) non-residential employee or volunteer to be engaged in the proposed use.
(Ord. 2001-75. Passed 9-4-01.)
B. Sales of commodities not produced on the premises may be permitted, provided that the commodities are specified in the application and are reasonably related to the home occupation.
C. The home occupation may be permitted to be conducted in a structure accessory to the residence, provided the application so specifies.
D. Outside storage related to the home occupation may be permitted if totally screened from adjacent residential lots, provided the application so specifies.
E. Not more than thirty percent (30%) of the gross floor area of any residence shall be devoted to the proposed home occupation.
F. The external appearance of the structure in which the use is to be conducted shall not be altered and not more than one (1) sign no larger than two square feet (2 sf.) shall be mounted flush to the wall of the structure.
G. Minor or moderate alterations (non-structural) may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction.
H. No equipment, process, materials, or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
I. No more than two (2) additional parking places which shall not be located in a required front yard may be proposed in conjunction with the home occupation.
J. The home occupation permit shall expire in the event of change of ownership of the property at the location for which it was issued or any change in location of the original home occupation.
(Ord. 99-45. Passed 7-13-99.)
1173.026 JUNK.
A. The accumulation or storage of junk, junk motor vehicles (as defined under ORC 4513.65), disabled or inoperative machinery or equipment, vehicles or machinery parts, rags, or any other discarded objects or debris defined as junk in this Ordinance shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents.
B. No person shall permit litter or junk to accumulate on land owned or occupied to the extent that it blows or spills over onto the property of another.
C. Uncontrolled accumulation of litter is a nuisance and is subject to abatement by the City or owners of surrounding land.
D. Upon repeated violations of this Section, the Zoning Inspector may require the violator to erect a fence or landscaping designed to contain litter.
1173.027 NOISE.
No person shall operate or use any machine, equipment, or mechanical device on a lot except for agricultural purposes so as to create any noise which would cause the noise level, measured at the lot line of the lot affected by the noise emission, to exceed the applicable fixed noise level set forth in this Section or in Section 509.08 of the Codified Ordinances of the City of Norwalk. If the measurement location is on a boundary between two (2) zoning districts, the lower noise level shall apply. (Ord. 99-45. Passed 7-13-99.)
A. Noise limits shall not exceed the following:
Zoning District | Time Period | Sound Level (dbA) |
R-1, R-2, R-3, MHP | 9:00 p.m. - 8:00 a.m. 8:00 a.m. - 9:00 p.m. | 55 70 |
B-1, B-2, B-3, B-4 | 9:00 p.m. - 8:00 a.m. 8:00 a.m. - 9:00 p.m. | 65 75 |
M1, M-2, MB | Any time | 70 |
(Ord. 2001-70. Passed 9-4-01.)
B. Provisions of Section 1173.027 shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 75 dbA when measured at the lot line of the lot on which it is located.
(Ord. 99-45. Passed 7-13-99.)
1173.028 OBJECTIONABLE, NOXIOUS, OR DANGEROUS USES, PRACTICES, OR CONDITIONS.
No land or building in any district shall be occupied or used in any manner creating which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises; except that any use permitted by this Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this Section, are properly exercised. Specifically, the occupation or use of land or building in any district shall be in violation of this Ordinance if one (1) or more of the following conditions are found to exist at any time:
A. The use or storage of flammable or explosive materials if not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities.
B. Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved.
C. Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency.
D. Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency.
E. Vibration discernible by the Zoning Inspector without instruments is present on adjoining lot or property.
F. Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district.
G. Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property.
H. Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.
I. Activity emitting electrical current or radio wave which adversely affects the operation of any equipment other than that of the operator.
1173.029 REQUIRED REFUSE COLLECTION AREAS.
The refuse collection areas provided by all commercial, industrial, and multi-family residential uses for the collection of trash, garbage, and other refuse, shall be enclosed on three (3) sides by a solid wall or fence standing at least two feet (2') greater than the height of any closed container therein, unless within an enclosed building or structure. Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the Zoning Inspector. In addition, the following requirements shall be met:
A. The storage of hazardous or toxic materials or wastes shall not be permitted without documented approval of the Ohio Environmental Protection Agency.
B. Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard or which may attract rodents or insects shall be stored only in closed containers constructed of impervious materials.
C. Storage areas in residential districts shall utilize such additional screening as required in this Ordinance.
D. Trash containers shall have secured lids.
(Ord. 2002-36. Passed 5-14-02.)
1173.030 SATELLITE DISH ANTENNAS.
A. Ground-Mounted Satellite Dish Antennas
Ground-mounted satellite dish antennas are considered as accessory structures and are permitted as accessory uses in all districts. However, the applicant shall be required to obtain a permit from the Zoning Inspector before constructing a ground mounted satellite dish or any accompanying structures. In addition to the provisions of this Ordinance pertaining to accessory structures, the following provisions shall apply to ground-mounted satellite dishes:
1. The maximum diameter of any ground-mounted satellite dish shall not exceed twelve feet (12').
2. The maximum height of any ground-mounted satellite dish shall not exceed fifteen feet (15') above the finished grade.
(Ord. 99-45. Passed 7-13-99.)
3. The apparatus shall not be located in a front yard.
(Ord. 2001-76. Passed 9-4-01.)
4. Any driving motor shall be limited to one hundred ten (110) volt maximum power and shall be encased in a protective guard.
5. All wiring between the apparatus and any other structure shall be placed underground in approved conduit.
6. All wiring and grounding of the apparatus shall be in accordance with the National Electrical Code.
7. The apparatus shall be bonded to an approved eight foot (8') grounding rod.
B. Roof-Mounted Satellite Dish Antennas
Roof-mounted satellite dish antennas are considered as accessory structures, and are permitted as accessory uses in all districts. In addition to the provisions of this Ordinance pertaining to accessory structures, the following provisions shall apply to roof-mounted satellite dishes:
1. The maximum diameter of any roof-mounted satellite dish shall not exceed threefeet (3').
2. The height of any roof-mounted satellite dish shall not exceed the roof height of the building upon which it is mounted by more than four feet (4').
3. All wiring and grounding of the apparatus shall be in accordance with the National Electrical Code.
4. The apparatus, its mounting, and all supporting devices shall be constructed and erected in accordance with Sections 614.0 and 615.0 of the BOCA Basic Building Code, directly upon the roof of the principal building, and shall not be mounted upon a spire, tower, turret, chimney, pole, or any appurtenances thereto attached.
5. The satellite dish apparatus shall be so designed and installed as to withstand wind forces up to seventy-five (75) miles per hour.
1173.031 SIDEWALKS.
Chapter 905 of the Codified Ordinances of the City of Norwalk shall apply to all districts within the Zoning Ordinance for the City of Norwalk.
1173.032 SWIMMING POOLS.
A. Private Swimming Pools
No private swimming pool (“pool”), exclusive of portable swimming pools with a diameter less than twelve feet (12') or with an area of less than one hundred square feet (100 sf.), shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
1. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
2. A pool may not be located closer than ten feet (10') to any property line, except in an R-1 District where that minimum distance shall be six feet (6'). That distance shall be measured from the water’s edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
3. Elevated decks for above-ground pools shall not be located closer than ten feet (10') to the property line.
4. The swimming pool or the entire property behind the front building on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties, unless sides of the pool are four feet (4') in height or more above grade. The fence or wall shall not be less than six feet (6') in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock. Those above ground pools higher than four feet (4') from the base of the pool wall upward shall be secured by a locked entrance.
5. Before construction commences, the petitioner shall obtain a zoning permit under Chapter 1133, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
6. Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Board of Zoning Appeals.
B. Community or Club Swimming Pools
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities and shall comply with the following conditions and requirements:
1. The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
2. The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than fifty feet (50') to any property line.
3. The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet (6') in height and maintained in good condition.
4. Before construction commences, the petitioner shall obtain a Zoning Permit under Chapter 1133, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
1173.033 ASSURANCE REQUIREMENTS AND PLANS.
Prior to the issuance of a Zoning Permit, the Zoning Inspector may require the submission of written assurances and plans indicating the manner in which dangerous and objectionable aspects or elements of processes, operations entailed in certain uses, or occupations are to be eliminated or reduced to acceptable limits and tolerances.
1173.034 PUBLIC UTILITY USES.
The following regulations shall supplement the regulations for the construction and installation of public or private-public utilities. Where a more restrictive or more specific regulation appears elsewhere in the Planning and Zoning Code, such regulation shall apply:
A. Transmission lines or pipes designed primary for service to individual consumer’s shall be a permitted use in all zones.
B. Buildings and accessory structures designed primarily for facilitating service to individual consumers, (i.e., transfer stations, metering stations, pump stations) shall be a conditional use in R-1, R-2, R-3, MHP and PUD, PRO, B-1, B-2, B-3 and B-4 Zoning Districts and shall be a permitted use in all other zones.
C. Generation, storage or like facilities shall be conditional uses in MB, M-1 and M-2 Zoning Districts and prohibited in any other zones.
(Ord. 2004-038. Passed 8-3-04.)
1173.035 SKILL-BASED AMUSEMENT MACHINE BUSINESSES.
In addition to complying with all regulations within the district where they are located, all skill-based amusement machine businesses shall comply with the following criteria:
A. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of another skill-based amusement machine business.
B. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of any church, any public or private school, any public library, any park, any playground, or any social services facility or neighborhood center.
C. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of any residence or boundary of any residential district.
D. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of any boundary of any residential district in a local unit of government abutting the City.
E. No skill-based amusement machine business shall permit any person under the age of eighteen (18) years to be present upon the business premises.
(Ord. 10-006. Passed 3-16-10.)
1173.036 LANDSCAPED MOUNDING.
Landscaped mounding consists of the use of earthen or earthen and other materials mounds placed upon a property. Landscaped mounding may be utilized for aesthetic, buffering, or screening purposes. Landscaped mounding in all districts is subject to this Section.
A. Landscaped mounding used for the purpose of screening or buffering a non-residential use from an abutting residential district shall comply with the requirements for screening set forth in Section 1173.015.
B. Landscaped mounding used for the purposes other than that described in subsection A and placed along the property line between two or more properties shall be considered a fence and shall comply with the requirements for fences and walls set forth in Section 1173.016.
1. Any landscaped mounding placed in the front yard of a property shall also comply with the requirements for fences and walls set forth in Section 1173.016.
C. Landscaped mounding shall not exceed seventy-two inches (72") in height. Landscaped mounding shall be constructed having a slope not greater than 3:1 (one foot of rise for each three feet of run); with a minimum crown width of at least two (2) feet to create a generally flat crest.
D. All landscaped mounding shall be planted and maintained with appropriate ground cover vegetation so as to prevent the flow of earth, mud, debris, or ground water from the mounding onto any adjoining property or road right-of-way.
1. No landscaped mounding shall interfere with the drainage of, or cause ponding to occur on, any adjoining property or road right-of-way.
F. No landscaped mounding shall be placed in the area between the edge of a street pavement or a street right-of-way line and the adjoining sidewalk. No landscaped mounding shall be placed so as to adversely affect the vision of motor vehicle operators on public streets or emerging from alleys, streets, or driveways intersecting public streets.
(Ord. 2021-015. Passed 4-6-21.)
1174.01 PURPOSE AND INTENT.
It is the purpose of this Chapter and the policy of the City to establish standards for the licensing, regulation and control of computerized sweepstakes devices, internet sweepstakes cafés, and the premises upon which they are located and operated for the entertainment of the public. It is the intent of this Chapter to regulate such devices and businesses so as to prevent safety and fire hazards, prevent disturbances and disorderly assemblies, prevent truancy and unlawful gambling, and to ensure compliance with the business and tax regulations of the City.
(Ord. 2011-021. Passed 5-17-11.)
1174.02 CONSTRUCTION, APPLICABILITY AND SEVERABILITY.
(a) This Chapter shall be liberally constructed and applied so as to promote its purpose and intent.
(b) If any term, condition or section of this Chapter or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or section to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Chapter and all the terms, conditions and sections hereof shall, in all other respects, continue to be effective and to be complied with.
(Ord. 2011-021. Passed 5-17-11.)
1174.03 DEFINITIONS.
As used in this Chapter the following words and phrases have the definitions indicated:
(a) "Computerized sweepstakes device" means any computer, machine, game, apparatus, or internet access device, which, upon the insertion of a coin, plate, disc, plug, key, card, token, similar object, or access code, and/or upon payment of a fee or anything of value whether or not a product or service is provided, and operates or may be operated by the public generally for entertainment or amusement and a chance to win a sweepstakes of predetermined odds for the sweepstakes. "Computerized sweepstakes device" does not include a skill-based amusement machine as that term is defined in Ordinance No. 2010-006 and Ohio R.C. 2915.01(AAA).
(b) “Internet sweepstakes café" means an individual building or premises in which a computerized sweepstakes device is located for the use or entertainment of the public, whether or not such building or premises have other business purposes of any nature whatsoever.
(c) "Unlicensed amusement device" means any computerized sweepstakes device which is operated or offered for operation without first having obtained a computerized Sweepstakes Device License as required by Section 1174.04 or for which a Computerized Sweepstakes License was issued but which license has expired, been revoked or deemed void.
(d) "Unlicensed amusement arcade" means any internet sweepstakes café for which an Internet Sweepstakes Café License has not been issued or for which a License was issued but has expired, been revoked or deemed void.
(e) “Licensee" means the person or entity to which a Computerized Sweepstakes Device License or an Internet Sweepstakes Café License has been issued.
(f) "Owner" means the person or entity which owns an internet sweepstakes café. "Owner" also means, in the case of a computerized sweepstakes device, the owner of the device or, if the device is leased, the lessee of the device. In the event the owner is an entity, "owner" means any person who possesses, either directly or indirectly, an interest in an internet sweepstakes café or computerized sweepstakes device.
(g) "Operator" means the person or persons having authority to control the premises of an internet sweepstakes café.
(h) "Premise" means the building or any portion thereof used in the operation of an internet sweepstakes café`.
(i) "Safety/Service Director" means the Safety/Service Director of the City of Norwalk, Ohio.
(j) "City" means the City of Norwalk, Ohio.
(Ord. 2011-021. Passed 5-17-11.)
1174.04 COMPUTERIZED SWEEPSTAKES DEVICE LICENSE REQUIRED.
(a) No person shall display for use any computerized sweepstakes device in the City without having first obtained a Computerized Sweepstakes Device License as provided in this Chapter. A separate license is required for each computerized sweepstakes device and is in addition to the license required by Section 1174.05.
(b) Each license issued shall be for a period of one (1) year.
(c) Each license issued shall be for only one (1) computerized sweepstakes device.
(d) Each license issued shall specify the name and address of each licensee together with the manufacturer, model number and serial number of the computerized sweepstakes device for which it is issued.
(e) Each license issued shall be permanently attached to the computerized sweepstakes device for which it is issued.
(f) Any license which is mutilated, modified, moved to another device, erased or in any manner defaced shall be void and any internet sweepstakes device for which the license was issued shall be deemed an unlicensed amusement device.
(Ord. 2011-021. Passed 5-17-11.)
1174.05 INTERNET SWEEPSTAKES CAFÉ LICENSE REQUIRED.
(a) No person shall conduct or operate an Internet Sweepstakes Café in the City without first having obtained an Internet Sweepstakes Café License as provided in this Chapter.
(b) Each license issued shall be for a period of one (1) year.
(c) Each license issued shall be issued for only one (1) business at only one (1) location.
(d) Each license issued shall specify the address of the business location and, the name and address of the licensee.
(e) Each license issued shall be displayed permanently and prominently in a conspicuous place upon the premises for which it is issued.
(f) Any license which is mutilated, modified, moved to another location, erased or in any manner defaced shall be void and any internet sweepstakes café for which the license was issued shall be deemed an unlicensed amusement arcade.
(Ord. 2011-021. Passed 5-17-11.)
1174.06 ADDITIONAL CHARACTERISTICS OF LICENSES.
(a) No license issued under this Chapter shall be assignable or transferable, either as to person or location or, in the case of a Computerized Sweepstakes Device License, to another device.
(b) Any attempt to transfer or assign any license in violation of Section 1174.06(a) shall void the license.
(c) The issuance of any license under this Chapter shall not vest any property rights in or to the license in the licensee and does not create any right to a renewal of any license.
(d) In the event a license is lost, destroyed or mutilated, the license may be replaced as provided herein upon application within thirty (30) days of the date the license is lost, destroyed or mutilated. Any replacement license shall bear the same license number as the original and shall bear the word "DUPLICATE" across its face.
(Ord. 2011-021. Passed 5-17-11.)
1174.07 PROCEDURE FOR OBTAINING LICENSES.
(a) General Requirements. All applications for the issuance of licenses, duplicate licenses or renewal of licenses under this Chapter shall be in writing upon forms approved by the Safety/Service Director. Each application shall contain the information and be accompanied by the documentation required by Sections 1174.07(b) and 1174.07(c). Each application shall be signed by the owner or owners of the business and shall be under penalty of perjury as to the truthfulness of the matters contained in the application. Each application shall be filed in the office of the Safety/Service Director and shall be accompanied by the fees required by Section 1174.12.
(b) Applications for Internet Sweepstakes Café License. Each application for an Internet Sweepstakes Café License shall contain the following information as to each owner:
(1) True name and all names and aliases used in the last five years;
(2) Date and place of birth;
(3) Current permanent residential address and all residential addresses used in the last five years;
(4) Business and home telephone numbers;
(5) A statement as to whether the owner has ever been convicted of any felony or has been convicted of any misdemeanor offense, other than a traffic offense, of moral turpitude within the last five years;
(6) A statement as to whether the owner, either individually or in conjunction with any other person or entity, has ever operated an internet sweepstakes café and, if so, the dates and location of such operation;
(7) A statement as to whether the owner, either individually or in conjunction with any other person or entity, has ever been denied an Internet Sweepstakes Café` License under this Chapter or the equivalent under the law of any other jurisdiction and, if so, the date and location of such application and denial;
(8) The address of the premises at which the internet sweepstakes café will be operated;
(9) A statement as to whether the premises at which the internet sweepstakes café will be operated is owned or leased by the owner and if leased, the name and address of the owner of record together with a written statement of said owner of record granting permission to the owner to operate an internet sweepstakes café at the location;
(10) A description of the nature and operation of the main type of business activity to be conducted upon the premises of the internet sweepstakes café;
(11) A description of the nature and operation of any business to be conducted in conjunction with the internet sweepstakes café, including a description of the property or services to be sold on the premises, and the anticipated percentage of gross revenue to be derived from each respective business;
(12) The telephone number of the premises at which the internet sweepstakes café will be operated;
(13) A floor plan of the premises at which the internet sweepstakes café will be operated and the immediate vicinity, drawn to scale, showing the square footage and placement of the computerized sweepstakes devices, exits, windows, restroom facilities, storage spaces and off-street parking;
(14) The name under which the business premises will be operated;
(15) The name, address and telephone number of the statutory agent of the business upon whom service of process can effectively and validly be made;
(16) The name, address and telephone number of the operator of the business premises if different than the licensee;
(17) A copy of the owner's articles of incorporation, if a corporation;
(18) A copy of the owner's operating agreement, if a limited liability corporation;
(19) A copy of the owner's partnership agreement, if a partnership;
(20) A specification of the days of the week and hours of the day during which the licensed activity will be conducted;
(21) A plan detailing the measures which will be taken to block viewing of adult oriented or pornographic material;
(22) Any other information deemed necessary by the Safety/Service Director to complete the application and insure compliance with this Chapter.
(c) Applications for Computerized Sweepstakes Device License. Each application for a Computerized Sweepstakes Device License shall contain the following information as to each computerized sweepstakes device:
(1) The make and model of the device together with the manufacturer's serial number;
(2) The name and address of the owner, manufacturer and distributor;
(3) A statement as to whether the device will be owned or leased by the licensee and, if leased, the terms of the lease;
(4) Supporting documentation from a certified independent regulatory compliance test laboratory establishing that the software of the device performs in similar fashion as other permitted sweepstakes commerciall yoffered to the public and that entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified the independent regulatory compliance testing laboratory must be authorized to test regulated gaming equipment by at least on state government gaming regulatory agency.
(d) Reports of City Officials. Upon receipt of a completed application for a license under this Chapter, the Safety/Service Director shall request the following written reports to be submitted within thirty (30) days:
(1) A report from the Fire Chief as to whether the premises and the computerized sweepstakes devices therein constitute or will create a fire hazard;
(2) A report from the Code Compliance Officer as to whether the location of the premises at which the computerized sweepstakes devices will be located is in compliance with the City Zoning Ordinance.
(e) Criminal Background Checks. Each application for a license under this Chapter shall be accompanied by a written criminal background check, performed by a certified Ohio law enforcement agency within the thirty (30) day period immediately prior to the submission of the application, on each operator, licensee and owner of the business and premises. In the event any of the foregoing is a business entity, the background check shall be submitted for each partner and each shareholder or member owning a twenty percent (20%) or greater interest in the entity.
(f) Issuance of License. The Safety/Service Director shall review and consider all completed applications and all reports received under Section 1174.07 (c) - (e). Within thirty (30) days of the receipt of the completed application and all reports, the Safety/Service Director shall issue the license for which the application was submitted if all of the following are met:
(1) The application is complete;
(2) The report from the Fire Chief establishes that the premises and the computerized sweepstakes devices do not constitute and will not create a fire hazard;
(3) The report from the Code Enforcement Officer establishes that the business premises and the operation of the internet sweepstakes café will be in compliance with the Zoning Ordinance; and
(4) All provisions of this Chapter are met.
Otherwise, the Safety/Service Director shall deny the application.
(g) Renewal of License. Each license issued under this Chapter shall be valid for a period of one (1) year from the date of issue indicated on the license. At the expiration of said period, the license shall expire and be void unless renewed. Applications for renewal shall be submitted together with the renewal fee to the Safety/Service Director no less than forty-five (45) days prior to the expiration of the license. The application for renewal shall state, under penalty of perjury, that all information submitted with the original application for the license is still accurate and true or shall set forth with specificity the information that has changed. The Safety/Service Director shall issue the renewal license prior to the expiration date of the license if all of the following are met:
(1) The application for renewal is complete;
(2) The information provided with the renewal applications establishes that the requirements of this Chapter and the Zoning Ordinance are still met; and
(3) Grounds for revocation of the license pursuant to Section 1174.09 do not exist.
Otherwise, the Safety/Service Director shall deny the renewal application.
(h) Transmittal of Information to Finance Department. Immediately upon issuing any license under this Chapter, the Safety Service Director shall forward a copy of the completed application to the City Finance Department. The submission of an application under this Chapter constitutes consent to the transmittal of the application as provided herein and to the use by the City of the information contained therein for the purposes of enforcing the tax and other ordinances of the City. (Ord. 2011-021. Passed 5-17-11.)
1174.08 DENIAL OF LICENSE.
No license shall be issued or renewed under this Chapter if any of the following exist or occur:
(a) Any owner, licensee, or operator, or any person who is a twenty percent (20%) or greater owner or member of an entity that is an owner, licensee, or operator has been convicted of any felony offense, any violation of Ohio R.C.Chapter 2907, any violation of Ohio R.C. Chapter 2915, or within the last five (5) years been convicted of any misdemeanor offense involving the operation of an internet sweepstakes café business, controlled substances, alcoholic beverages, minors or crime of moral turpitude.
(b) The application is incomplete or contains false information or statements.
(c) The business or premises or the operation thereof would not be in compliance with the Zoning Ordinance, Building Code or Fire Code.
(d) There has been non-compliance with or violation of any term, condition or Section of this Chapter.
(Ord. 2011-021. Passed 5-17-11.)
1174.09 SUSPENSION OR REVOCATION OF LICENSE.
(a) Internet Sweepstakes Café License. The Safety/Service Director may suspend or revoke an Internet Sweepstakes Café License issued under this Chapter for any of the following:
(1) A determination following the issuance of the license that any statement made in information provided in connection with the application is false;
(2) A determination following the issuance of the license that any of the conditions justifying denial of a license under Section 1174.08 has occurred or exists;
(3) Any non-compliance with or violation of the provisions of this Chapter;
(4) A conviction of any violation of Ohio R.C. Chapter 2915 where the violation occurred at the business premises.
(b) Computerized Sweepstakes Device License. The Safety/Service Director may suspend or revoke a Computerized Sweepstakes Device issued under this Chapter for any of the following:
(1) A determination following the issuance of the license that any statement made in information provided in connection with the application is false;
(2) A determination following the issuance of the license that any of the conditions justifying denial of a license under Section 1174.08 has occurred or exists;
(3) Any non-compliance with or violation of the provisions of this Chapter;
(4) A determination that the device no longer meets the requirements of Section 1174.07 (c)(4);
(5) A conviction of any violation of Ohio R.C. Chapter 2915 where the violation occurred at the business premises.
(c) Effect of Suspension or Revocation.
(1) Subject to Section 1174.09(c)(2), the Safety/Service Director may suspend any license issued under this Chapter for the reasons set forth above for a period of up to sixty (60) days if she/he finds that the basis for the suspension, as set forth in Section 1174.09(a) and (b), is an isolated incident, constitutes a first violation over the life of the license, and does not constitute a risk to the health, safety or welfare of the citizens of the City of Norwalk. During the period of any suspension of an Internet Sweepstakes Café license, the business shall not operate as an internet sweepstakes café and shall not operate or permit to be operated any computerized sweepstakes device on the premises. During the period of any suspension of any computerized sweepstakes device, the device shall be taken out of service, shall not be operated, and shall not be displayed in any internet sweepstakes café.
(2) The Safety/Service Director shall revoke any license issued under this Chapter if any of the following apply:
A. The licensee has previously had a license issued under this Chapter suspended or revoked;
B. The basis for the revocation is a conviction of any owner, operator or licensee of an offense under Chapter 2915 of the Ohio Revised Code which occurred at the license premises;
C. The basis for the revocation is a material violation of any provision of this Chapter or misrepresentation of any material fact which cannot be remedied during the period of a suspension of the license;
D. The basis for the revocation is an action or condition which poses a hazard to the health, safety or welfare of the citizens of the City of Norwalk.
(d) Hearing on Suspension or Revocation of License.
(1) The licensee shall be entitled to a hearing prior to the imposition of any suspension or revocation of any license issued under this Chapter.
(2) Prior to imposing a suspension or revocation, the Safety/Service Director shall give the licensee notice of the effective date of the suspension or revocation which notice shall inform the licensee of the date, time and place of the hearing and the basis of the suspension or revocation.
(3) The notice shall be sent by regular U.S. mail to the address of the statutory agent listed on the license application at least ten (10) days before the date of the hearing.
(4) The licensee shall be entitled to be present at the hearing, offer testimony and evidence, and examine any witnesses. The failure of the licensee to attend the hearing shall constitute a waiver thereof and consent to the imposition of the suspension or revocation.
(5) The Safety/Service Director shall conduct the hearing and hear and consider all evidence. The Safety/Service Director may base the decision to suspend or revoke the license solely upon any report or investigation provided, but shall also consider any evidence or testimony offered at the hearing. The rules of evidence shall not apply.
(6) The Safety/Service Director shall issue a written decision within seven (7) days of the end of the hearing.
(Ord. 2011-021. Passed 5-17-11.)
1174.10 APPEALS.
Any decision or action of the Safety/Service Director granting, denying, suspending or revoking a license under this Chapter may be appealed to the court of competent jurisdiction, as provided by law. (Ord. 2011-021. Passed 5-17-11.)
1174.11 RESTRICTIONS AND CONDITIONS.
Any license issued hereunder is subject to the following restrictions and conditions:
(a) The premises upon which the internet sweepstakes café is located shall provide a minimum of one (1) off-street parking space for every two (2) computerized sweepstakes devices.
(b) No internet sweepstakes café shall operate between the hours of 12:00 midnight and 9:00 a.m.
(c) No person under the age of eighteen (18) years shall be allowed upon the premises of an internet sweepstakes café.
(d) No person under the age of eighteen (18) years shall operate a computerized sweepstakes device.
(e) An internet sweepstakes café shall not be located closer than six hundred (600) feet to any lot or parcel upon which a church or school is located.
(f) The premises of each internet sweepstakes café shall be open at all times to inspection by all departments of the City, including Police, for the purposes of enforcing this Chapter.
(g) Every internet sweepstakes café shall, during hours of operation, have at least one (1) adult operator on site who has not been convicted of any felony offense, any violation of Ohio R.C. Chapter 2907, any violation of Ohio R.C. Chapter 2915, or within the last five (5) years been convicted of any misdemeanor offense involving the operation of an internet sweepstakes café business, controlled substances, alcoholic beverages, minors or crime of moral turpitude.
(h) Every internet sweepstakes café shall be operated in conformity with the floor plan filed with the license application and in such a manner:
(1) So as not to impair ingress or egress from the premises;
(2) So as not to interfere with free and unfettered passage through the premises; and
(3) So as to permit a clear and complete view of the interior of the premises immediately upon entry.
(i) All sweepstakes rules and odds of winning shall be in writing and posted in a conspicuous place in the internet sweepstakes café and shall be displayed on each computerized sweepstakes device at the start of each game or activity.
(j) No licensee shall permit the premises to become a gathering place for disorderly persons or conduct.
(k) No licensee shall permit the premises or the public streets, sidewalks and parking lots in the immediate vicinity of the premises to become littered or the place of loitering.
(l) No licensee shall permit gambling or the possession of gambling paraphernalia upon the premises.
(m) No licensee shall permit the premises or the activity conducted thereon to become a public nuisance to the surrounding environs.
(n) No licensee shall permit any computerized sweepstakes device to be operated at any time the premises are not open for business, or permit the entrance to the premises to be locked at any time the premises are open for business.
(o) No licensee shall permit the premises to become overcrowded so as to constitute a hazard to the health or safety of the persons therein or to be in violation of any Building, Health or Fire Code.
(p) No licensee shall permit a internet sweepstakes café to be in operation or allow the operation of any computerized sweepstakes device without displaying the license or licenses issued under this Chapter.
(q) No licensee shall permit the operation of any computerized sweepstakes device by the public unless the device is fully operational and in safe condition.
(r) No licensee shall permit the operation of any unlicensed amusement device in any internet sweepstakes café.
(s) No, licensee, owner or operator shall fail to comply with Chapter 181 of the Norwalk Codified Ordinances.
(t) No licensee or operator shall fail to comply with all applicable federal, state and local statutes, laws, ordinances and regulations.
(Ord. 2011-021. Passed 5-17-11.)
1174.12 FEES.
For the purposes of compensating the City for the anticipated costs associated with processing applications for licenses, reviewing background checks, inspections, police presence and the enforcement of this Chapter, the following fees are imposed:
(a) Computerized Sweepstakes Device. The license fee for each computerized sweepstakes device shall be five hundred dollars ($500.00) per device, per year.
(b) Internet Sweepstakes Café. The license fee for each internet sweepstakes café shall be five thousand dollars ($5,000.00) per year.
(c) Duplicate or Replacement License. The fee for a duplicate or replacement license for any license issued but lost, mutilated or destroyed shall be one hundred fifty dollars ($150.00).
(d) Payment of Fees. The license fees required by this Section shall be paid with the submission of the license application. No license application shall be considered complete unless accompanied by the appropriate license fee or fees.
(e) Refund of Fees. In the event an application for a license under this Chapter is denied, one-half of the license fee shall be refunded to the applicant. In the event any license issued under this Chapter is suspended or revoked, no portion of the license fee shall be refunded or returned.
(Ord. 2011-021. Passed 5-17-11.)
1174.99 PENALTY.
(a) Whoever violates any provision of this Chapter is guilty of a misdemeanor of the first degree. Each day's continued violation shall constitute a separate offense.
(b) The operation of any internet sweepstakes café or similar business in violation of this Chapter, or the operation of any computerized sweepstakes device or similar device in violation of this Chapter is declared to be a public nuisance subject to abatement.
(Ord. 2011-021. Passed 5-17-11.)
1177.01 GENERAL REQUIREMENTS.
Chapter 1177 inclusive, along with Chapter 351 of the Codified Ordinances of the City of Norwalk, shall apply to all Districts. No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Ordinance.
A. The provisions of this Chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements, there shall be provided as many of such spaces as may be required by this Ordinance.
B. Whenever a building or structure constructed after the effective date of this Zoning Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change.
C. Whenever a building or structure existing prior to the effective date of this Zoning Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, number of employees, number of housing units, seating capacity, or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein.
1177.02 OFF-STREET LOADING SPACE REQUIREMENTS AND DIMENSIONS.
A. One (1) off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having a modified gross floor area of up to five thousand square feet (5,000 sf.)
B. One (1) loading space shall be provided for each additional ten thousand square feet (10,000 sf.) or fraction thereof of gross floor area so used.
C. Each loading space shall not be less than ten feet (10') in width, forty feet (40') in length, exclusive of driveways, aisles, and other circulation areas, and a height of clearance of not less than fourteen feet (14').
D. Such loading space shall not be located in the required front yard of the lot on which it is located. However, the loading space shall have unrestricted ingress and egress to a public right-of-way.
E. No such space shall be closer than fifty feet (50') from any other lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet (6') in height.
F. The surface of the loading space and its access drive shall be maintained in a dust free condition at all times.
1177.03 OFF-STREET PARKING SPACE .
A. Automobile Parking Spaces, When Required
In all districts, except B-2, in connection with every industrial, business, institutional, recreational, residential, or other use, there shall be provided at any time any building or structure is erected or enlarged or increased in capacity, off-street parking spaces for vehicles shall be in accordance with Section 1177.08.
B. Dimensions
Parking spaces shall have minimum rectangular dimensions and driveway aisles shall have a minimum width of not less than the following:
Parking Space | |||
Width | Length | Width of Driveway Aisle | |
90° parking | 9 feet | 19 feet | 25 feet |
60 °parking | 10 feet | 19 feet | 17 ½ feet |
45 °parking | 12 feet | 19 feet | 13 feet |
Parallel parking | 9 feet | 23 feet | 12 feet |
All dimensions for parking spaces shall be exclusive of driveways, aisles, and other circulation areas. Except in the case of dwellings, no parking area provided hereunder shall be less than six hundred square feet (600 sf.) in area. The number of required off-street parking spaces is established in Section 1177.08 of this Ordinance.
C. Access
1. There shall be adequate provision for ingress and egress. Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion.
2. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
3. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading or unloading spaces required hereunder, in such a manner as to secure the most appropriate development of the property in question. Such access drive shall be not less than eight feet (8') in width in the case of a dwelling, and not less than eighteen feet (18') in width in all other cases; provided, however, that one-way aisles for either ingress or egress for uses other than dwellings may be reduced to not less than ten feet (10') in width. Such access drive or easement shall not be located in any R District except where provided in connection with a use permitted in an R District.
D. Width of Access Driveway
The entrances and exits of the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards:
1. For one-way traffic, the minimum width of fourteen feet (14') except for forty-five degree (45°) parking, in which case the minimum width of the access road shall be eighteen feet (18').
2. Access roads for two-way traffic shall have a minimum width of twenty-four feet (24').
3. Parking areas having more than one (1) aisle or driveway shall have directional signs or markings in each aisle or driveway.
1177.04 LOCATION OF PARKING SPACES.
The following regulations shall govern the location of off-street parking spaces and areas:
A. Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve. In no case shall a front yard parking exceed forty percent (40%) of the required front yard area. Parking on non-paved surfaces in the front yard shall be prohibited.
B. Parking spaces for commercial, industrial, or institutional uses shall be located not more than seven hundred feet (700') from the principal use.
C. Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than three hundred feet (300') from the principal use.
1177.05 MIXED OCCUPANCIES AND USES NOT SPECIFIED.
In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements of the various uses computed separately. In case a use is not specifically mentioned in Chapters 1151 through 1167, the requirements for off-street parking facilities for a similar use shall apply.
A. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specified for joint use in Section 1177.06
1177.06 JOINT USE.
Two (2) or more non-residential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the Zoning Inspector shall be filed with the application for a Zoning Permit.
1177.07 STRIPING.
All parking areas with a capacity over twelve (12) vehicles shall be striped.
1177.08 PARKING SPACE REQUIREMENTS.
In all districts, in connection with every use, there shall be provided at any time when any building, structure, or use is erected, developed or is enlarged or increased in capacity, off-street parking spaces of at least one hundred eighty square feet (180 sf.) for motor vehicles as follows:
A. Residential
1. For a single-family or two-family dwelling, parking space requirement shall be two (2) spaces for each unit.
2. For apartments and multi-family dwellings, the requirement shall be two (2) spaces for each unit.
3. For boarding houses, rooming houses, dormitories, fraternity houses with sleeping rooms, the requirement shall be one (1) space for each sleeping room or suite, plus two (2) for each resident family or one (1) for each employee.
B. Commercial
For automobile or machinery sales, the requirement shall be one (1) space for every eight hundred square feet (800 sf.) floor area.
1. For automobile service stations which also provide repair, the requirement shall be one (1) space for every two (2) gasoline pumps and two (2) for each service bay.
2. For hotels or motels, the requirement shall be one (1) space for each sleeping room, plus one (1) space for every two (2) employees.
3. For funeral parlors/homes, mortuaries, and similar uses, the requirement shall be four (4) spaces for each parlor or one (1) space for each fifty square feet (50 sf.) of floor area in slumber rooms, parlors, or service rooms, whichever is greater.
4. For general retail establishments, the requirement shall be one (1) space for each two hundred square feet (200 sf.) of floor area.
5. Furniture and appliance stores, household equipment, furniture repair shops over one thousand square feet (1,000 sf.) in floor area, the requirement shall be one (1) space for each four hundred square feet (400 sf.) of floor area.
6. For printing or plumbing shop or similar service establishment shall be one (1) for each two (2) employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith.
7. Retail stores or personal service establishment except as otherwise specified herein, shall have one (1) space for each one hundred square feet (100 sf.) of floor area.
8. Offices, public or professional administration, or service buildings shall have one (1) space for each four hundred square feet (400 sf.) of floor area.
9. All other types of business or commercial uses permitted in any business district shall have one (1) space for each three hundred square feet (300 sf.) of floor area.
10. Banks, financial institutions, and similar uses shall have one (1) space for each two hundred square feet (200 sf.)of floor area, plus one (1) for every two (2) employees.
11. For road-side stands, the requirement shall be two (2) parking spaces.
C. Recreational or Entertainment
1. For dining rooms, restaurants, taverns, night clubs, cafes, or similar eating or recreation or amusement establishments, the requirement shall be one (1) space for each two hundred square feet (200 sf.)of floor area.
2. Private club or lodge shall be one (1) for each five (5) members.
3. Country club or golf club shall be one (1) for each five (5) members
4. For bowling alleys the requirement shall be five (5) spaces for each alley or lane, plus one (1) additional space for each one hundred square feet (100 sf.) of the area used for restaurant, cocktail lounge, or similar use.
5. For dance floors or skating rinks, the requirement shall be one (1) space for each one hundred square feet of floor area used for the activity.
6. For outdoor swimming pools, public or community or club, the requirement shall be one (1) space for each five (5) persons capacity plus one (1) for each four (4) seats or one (1) for each thirty square feet (30 sf.) of floor area used for seating purposes, whichever is greater.
7. Auditoriums and assembly halls (other than school associated), sports arenas, theaters, stadium, or gymnasium shall have one (1) space for each four (4) seats or bench seating spaces.
8. Dance and assembly halls without fixed seats, exhibition halls (except church assembly rooms in conjunction with auditorium) shall have one (1) space for each one hundred square feet (100 sf.) of gross floor area used for assembly or dancing.
D. Institutional
1. Parking space requirements for churches and other places of religious assembly shall be one (1) space for each ten (10) seats in an auditorium.
2. For hospitals, the requirements shall be one (1) space for each four (4) beds, plus one (1) for each employee on the maximum working shift.
3. Sanitariums, convalescent homes for the aged, nursing homes, children’s homes, asylums, and similar uses shall have one space for every four (4) beds.
4. Medical and dental clinics shall have one (1) for every three hundred square feet (300 sf.) floor area of examination treating room, office, and waiting rooms.
5. Community center, libraries, museums, and art galleries shall have one space for each five hundred square feet (500 s.f.) of floor area.
E. Schools (Public, Parochial, or Private)
1. The parking space requirement for elementary, junior high, and high schools, technical schools, business schools, trade schools, colleges and universities shall be one (1) space for each ten (10) seats in auditorium or main assembly room, or one (1) for each twenty (20) classroom seats, whichever is greater.
2. For kindergartens, child care centers, nursery schools, and similar uses, the requirement shall be two (2) spaces for each classroom, but not less than six (6) for the building.
F. Manufacturing/Wholesale
1. Parking space requirement for all types of manufacturing or industrial establishments, storage and wholesale, research or testing laboratory, creamery, bottling plant, warehouse, or similar establishments, uses permitted shall be one (1) space for every two (2) employees (on the largest shift for which the building is designed), plus space to accommodate all trucks and other vehicles used in connection therewith.
2. For cartage, express, parcel delivery, and freight terminals the requirement shall be one (1) space for every two (2) employees (on the largest shift for which the building is designed) and one (1) space for each motor vehicle maintained on the premises.
3. For wholesale establishments or warehouses, the requirement shall be one (1) space for each two (2) employees on the largest shift for which the building is designed.
In the case of any building, structure, or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which such use is similar, shall apply.
1177.09 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every lot hereafter used as a public or private parking area including a public parking lot and also a motor vehicle or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
A. Screening and/or Landscaping
1. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such fence, wall, or planting screen shall not be less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition.
2. The space between such fence, wall, or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition.
3. In the event that terrain or other natural features are such that the erection of such fence, wall, or planting screen will not serve the intended purpose, then no such fence, wall, or planting screen and landscaping shall be required.
B. Minimum Distance and Setbacks
No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet (20') to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a one-family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than four feet (4') to any established street or alley right-of-way.
C. Surfacing
The required number of parking and loading spaces as set forth in Section 1177.08, and together with driveways, aisles, and other circulation areas, shall be surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dust-free surface.
D. Drainage
All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. These areas shall be so graded and drained as to dispose of all surface water accumulated within the area. These areas shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles.
E. Lighting
Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. A cutoff type luminaire shall be used to illuminate a parking lot and shall be so arranged as to reflect the light away from the adjoining property in the district. When located adjacent to business uses, the light source shall not be visible at a height greater than five feet (5') above ground level. When located adjacent to residential uses, the light source shall not be visible at ground level or above.
F. Maintenance
The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris.
G. Wheel Blocks
Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
H. Exemption
This Section shall not apply to City recreational areas that are of a rustic nature (e.g., Veterans Memorial Lake Park, Pleasant Street Park, etc.).
1177.010 DISABLED VEHICLES.
The parking of a disabled vehicle within a residential or commercial district for a period of more than two (2) weeks shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building.
1177.011 GENERAL INTERPRETATIONS.
In the interpretation of this Chapter, the following rules shall govern:
A. Floor area means the gross floor area of the specified use.
B. Parking spaces for other permitted or conditional uses not listed in this Chapter shall be determined by the Board of Zoning Appeals upon an appeal from a decision by the Zoning Inspector.
C. The parking space requirement for a use not specifically mentioned herein shall be the same as that required for a use of similar nature.
D. Fractional numbers shall be increased to the next whole number.
E. Where there is an adequate public transit system or where, for any other reason, parking demand is unusually low, then the parking space provisions cited above may be reduced proportionately by the Board upon an appeal from a decision of the Zoning Inspector.
F. Places of Public Assembly; Benches. In places of public assembly in which patrons or spectators occupy benches, pews, or other such seating facilities, each twenty inches (20") of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities.
1177.012 MODIFICATIONS.
The Board of Zoning Appeals may authorize an appeal, a modification, reduction, or waiver of the foregoing requirements if it should find that, in the particular case appealed, the peculiar nature of the residential, business, trade, industrial, or other use, or the exceptional shape or size of the property or other exceptional situation or condition would justify such action.
1177.013 DOWNTOWN BUSINESS DISTRICT EXEMPT.
The parking and loading space requirements of Section 1177.02, 1177.03, and 1177.08 shall not apply to the B-2 Downtown Business District as shown on the Official City Zoning Map, provided that parking and loading facilities, if voluntarily established, shall comply with Section 1177.09 and the following:
A. Subject to limitations in Section 1177.013.B., such space may occupy all or part of any required yard.
B. No such space shall be closer than fifty feet (50') from any other lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet (6') in height.
1177.014 RESTRICTED BUSINESS OR INDUSTRIAL ACCESSORY PARKING.
The Board of Building and Zoning Appeals may authorize as a conditional use, subject to the provisions of Chapter 1137, the establishment and operation of an off-street parking area in such sections of any R District which abuts either directly or across an alley, a B or M District, subject to the following requirements:
A. Shall be Accessory: Such parking area shall be accessory to one or more business or industrial establishments located in such adjoining B or M District.
B. Entrance and Exit Distance: Each entrance and exit of such parking area shall be distant at least twenty feet (20') from any adjacent lot in any R District.
C. Signs Prohibited: No sign of any kind shall be established and maintained on such parking area except signs used for the direction of traffic.
D. Repair Work Prohibited: No automotive repair work or other services shall be conducted on such parking area.
E. Other Requirements: Such parking area shall be subject to all applicable requirements of this Chapter and to any additional requirements or conditions which may be determined necessary by the Board for the protection of adjacent property.
1177.015 OFF-STREET STORAGE AREAS FOR DRIVE-IN SERVICES.
Establishments which by their nature create lines of customers waiting to be served within automobiles shall provide off-street storage areas in accordance with the following requirements:
A. Photo pickups, restaurants, drive-through beverage docks, and other similar commercial establishments that can normally serve customers in three (3) minutes or less shall provide no less than five (5) storage spaces per window. Drive-in restaurants and other similar uses which require an additional stopping point for ordering, shall provide a minimum of three (3) additional storage spaces for each such stopping point.
B. Other commercial establishments such as banks, savings and loan offices, or other similar facilities with service or money windows shall provide no less than four (4) storage spaces per window.
C. Self-serve automobile washing facilities shall provide no fewer than three (3) storage spaces per stall. All other automobile washing facilities shall provide a minimum of six (6) storage spaces per entrance.
D. Motor vehicle service stations shall provide no fewer than two (2) storage spaces for each accessible side of a gasoline pump island. Gasoline pumps shall not be closer than fifteen feet (15') to any street right-of-way.
1177.016 HANDICAPPED PARKING.
Parking facilities serving buildings and facilities required to be accessible to the physically handicapped shall have conveniently located designated spaces provided in accordance with the Americans with Disability Act, Fair Housing Amendments Act, Uniform Federal Access Standards and the Minimum Guidelines and Regulations for Access Design, as well as Chapter 351.04 of the Codified Ordinances of the City of Norwalk, and as follows:
A. For a lot/structure having up to one hundred (100) spaces, the number of spaces designated handicapped accessible shall be one (1) per twenty-five (25).
B. For a lot/structure having one hundred one (101) to two hundred (200) parking spaces, the number of spaces designated handicapped accessible shall be four (4), plus one (1) per fifty (50) spaces over one hundred (100).
C. For a lot/structure having two hundred one (201) to five hundred (500) parking spaces, the number of spaces designated for handicapped accessible shall be six (6), plus one (1) per seventy-five (75) spaces over two hundred (200).
D. For a lot/structure having over five hundred (500) parking spaces, the number of spaces designated for handicapped accessible shall be ten (10), plus one (1) per one hundred (100) spaces over five hundred (500).
1177.017 ELDERLY HOUSING PARKING.
Each parking space provided for in an elderly housing facility shall at a minimum measure nine feet (9') in width and twenty feet (20') in length, with aisles measuring twenty-one feet (21') in width. There shall be provided one (1) such parking space per dwelling unit and per regular shift employee. Should additional parking spaces be deemed necessary, the Board of Zoning Appeals subsequently may approve a parking plan for an elderly housing facility which provides three (3) such parking spaces for every four (4) dwelling units, and one (1) per regular shift employee if the site plan includes a set-aside of landscaped area which is not part of any open-space requirement and which is accessible to egress/ingress for parking purposes.
1177.018 PARKING OF COMMERCIAL VEHICLES AND TRAILERS IN RESIDENTIAL DISTRICTS.
1179.01 INTENT.
The Purpose of this Chapter is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs, and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, curb the deterioration of the natural environment, and enhance community development.
1179.02 GOVERNMENTAL SIGNS EXCLUDED.
For the purpose of this Ordinance, "sign" does not include signs erected and maintained pursuant to, and in discharge of, any governmental function or required by any law, ordinance, or governmental regulation.
1179.03 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
The regulations contained in this Section shall apply to all signs and all use districts.
A. Signs shall not constitute a traffic hazard and shall not incorporate any word, language, symbol, or device or be so designed or otherwise located in such manner which might tend to mislead or confuse traffic.(A.O.)
B. Except as provided for in Section 1179.020, any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light. A cutoff-type luminaire is required and in no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. (Ord. 2021-041. Passed 11-2-21.)
C. No sign shall employ any parts or elements which revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention. Subsections (A) and (B) of this Section shall not apply to any sign performing a public service function indicating time, temperature, stock market quotations, or similar services. Christmas lighting and decorations are excluded.
D. All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code.
E. No projecting sign shall be erected or maintained from the front or face of a building a distance of more than two feet (2'), including those projecting from the face of any theater, hotel, or motel marquee.
F. No sign shall be placed on the roof of any building, except those signs whose supporting structure is screened so the sign appears to be a continuation of the face of the building.
G. Display signs placed against the exterior wall of buildings shall not extend more than six inches (6") or twelve inches (12") in the case of electrical signs outside of the wall surface. Such signs shall not extend beyond the top or ends of the wall surface on which they are placed.
H. No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in Section 1179.09, herein.
I. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.
J. No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty percent (20%) of the window surface.
K. No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.
L. All signs hung and erected shall be plainly marked with the name of the person, firm, or corporation responsible for maintaining the sign.
M. Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Zoning Inspector, proceed at once to put such sign in a safe and secure condition or remove the sign.
N. No sign shall be placed in any public right-of-way except publicly-owned signs, such as traffic control signs and directional signs. Signs directing and guiding traffic and parking on private property but bearing no advertising matter, shall be permitted on any property.
O. Signs and supporting structures shall be so designed to withstand a wind pressure of not less than forty pounds (40 lb.) per square foot area.
P. Prior to the issuance of any permit under this Section and prior to the erection of any temporary or portable sign, the applicant shall obtain certification from the Fire Chief certifying that sign, its wiring, and accessory electrical equipment conform to the requirements of the Ohio Basic Building Code fully incorporated by reference within this Section.
1179.04 MEASUREMENT OF SIGN AREA.
The surface area of a sign shall be computed as including the entire area within a regular, geometric form, or combinations of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not being advertising matter shall not be included in computation of surface area.
1179.05 SIGNS PERMITTED IN ALL DISTRICTS NOT REQUIRING A PERMIT.
A. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, shall not exceed twelve square feet (12 sf.) in area, except in all residential districts where the area of the sign shall not be more than five square feet (5 sf.).
B. Professional name plates signs not to exceed five square feet (5 sf.) in area located on the premises.
C. Bed and breakfast operations:
1. A sign three feet (3') by five feet (5') exhibiting the name and address of the business
2. No variance from the size limitations found in Section 1179.05.C.1., hereof, shall be granted by the Board of Zoning Appeals.
D. Signs denoting the name and occupation or profession of the occupant of the building not exceeding five square feet (5 sf.) and located on the premises, provided further, however, that in a residential district, no such sign shall have any dimension greater than two feet (2') and shall be attached flat against the buildings.
E. Memorial signs or tablets; names of buildings and dates of erection when cut into masonry, bronze, or other incombustible material.
F. Traffic or other municipal signs may be approved by the Director of Public Service and Safety.
1179.06 SIGNS PERMITTED IN ANY DISTRICT REQUIRING A PERMIT.
Signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs, or societies, which signs or bulletin boards shall not exceed fifteen square feet (15 sf.) in area and which shall be located on the premises of such institution.
1179.07 SIGNS PERMITTED IN COMMERCIAL AND MANUFACTURING DISTRICTS REQUIRING A PERMIT.
The regulations set forth in this Section shall apply to signs in all commercial and manufacturing districts and such signs shall require a permit.
A. In a commercial or manufacturing district, each business shall be permitted one (1) flat or wall on-premises sign.
B. Projection of wall signs shall not exceed two feet (2') measured from the face of the main building.
C. The area of all permanent on-premises signs for any single business enterprise may have an area equivalent to one and one half square feet (1-1/2 sf.) of sign area for each linear foot of building width or part of a building occupied by such enterprise, but shall not exceed a maximum area of one hundred square feet (100 sf).
1179.08 TEMPORARY SIGNS, FLAGS AND BANNERS.
A. Temporary and special event signs not exceeding fifty square feet (50 sf.) in area, announcing special public or institutional events, the erection of a building, the architect, the builders or contractors shall be considered by the Zoning Inspector. If, in his or her opinion, such signs conform to the regulations found elsewhere in this Chapter, he or she may issue a special or temporary permit for a period of sixty (60) days prior to an event and conditioned further that such sign shall be removed within thirty (30) days after the event. In no case shall a special or temporary sign permit be issued for a period to exceed one (1) year. If such sign does not conform wholly with the regulations contained herein, the application shall be referred to the Board of Zoning Appeals.
B. Flags and banners may be displayed on a temporary basis provided such flags or banners measure no greater than fifteen (15) square feet in total area. Flags shall be displayed upon a flag pole affixed directly to the building with no more than one (1) flag per pole and no more than two flagpoles per storefront. No flag or banner shall be hung or displayed in such a manner as to impede or constitute a hazard to pedestrian or vehicular traffic. A permit shall not be required for a flag or banner under this Division.
C. In the business and manufacturing districts one (1) temporary sandwich board or temporary freestanding sign shall be permitted in front of any storefront. Such sandwich board or free standing sign shall be located no more than two (2) feet from the front of the storefront and shall be located in such a manner as not to impede or constitute a hazard to pedestrian or vehicular traffic. A permit shall not be required for a sandwich board or freestanding sign under this Division.
D. For the purposes of Divisions B. and C. of this section, “temporary” and “temporary basis” mean that the flag, banner, temporary sandwich board or temporary freestanding sign may be displayed only during such hours as the establishment with which it is associated is open for business.
(Ord. 2016-024. Passed 5-3-16.)
1179.09 FREE-STANDING SIGNS.
Distance from ground to sign on free-standing on-premises signs shall be only ten feet (10') with the total sign and supports not to be over 20 feet in height. The sign shall have a maximum total sign area of one hundred square feet (100 sf.) (50 square feet on each side) and located not closer than twenty feet (20') to any street right-of-way line and not closer than twenty feet (20') to any adjoining lot line. The sign may be erected to serve a group of business establishments. There shall be only one (1) free-standing sign for each building, regardless of the number of businesses conducted in said building.
1179.010 WALL SIGNS PERTAINING TO NON-CONFORMING USES.
On-premises wall signs pertaining to a non-conforming use shall be permitted on the same premises of such use, provided the area of such sign does not exceed twelve square feet (12 sf.).
1179.011 POLITICAL SIGNS.
No political sign shall be posted in any place or in any manner that is destructive to public property upon posting or removal. No political sign shall be posted in a public right-of-way nor shall any such sign be posted on a utility pole. No political sign shall be posted more than sixty (60) days before an election. All candidates for public office, their campaign committees, or other persons responsible for the posting on public property of campaign material shall remove such material within two (2) weeks following election day.
1179.012 SIGN SETBACK REQUIREMENTS.
Except as modified in this Section, on-premises signs, where permitted, shall be set back from the established right-of-way line of any thoroughfare at least ten (10') feet. No off-premises sign shall be erected in front of the required setback line for the appropriate zoning district.
A. Increased Setback After Variance is Granted
For every square foot by which any on-premises sign exceeds fifty square feet (50 sf.), the setback shall be increased by one-half foot (½') but need not exceed one hundred feet (100').
B. Setbacks for Off-Premises Signs
If a setback line is not established for the appropriate zoning district, off-premises signs shall be set back a minimum of twenty feet (20') from the right-of-way line. Billboards located near an interstate highway shall be a minimum of six hundred feet (600') from the right-of-way.
C. Setbacks for Public and Quasi-Public Signs
Real estate signs and bulletin boards for a church, school, or any other public, religious or educational institution may be erected not less than ten feet (10') from the established right-of-way line of any street or highway, provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
D. Special Yard Provisions
On-premises signs, where permitted, shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except that in any residential district, on-premises signs shall not be erected or placed within twelve feet (12') of a side or rear lot line. If the requirement for a single side yard in the appropriate zoning district is more than twelve feet (12'), the latter shall apply.
1179.013 LIMITATION.
For the purposes of this Ordinance, outdoor advertising off-premises signs shall be classified as a business use and be permitted in all districts zoned for manufacturing or business. In addition, regulation of signs along interstate and primary highways shall conform to the requirements of Ohio Revised Code Chapter 5516 and the regulations adopted pursuant thereto.
1179.014 PERMIT REQUIRED.
All temporary and permanent signs to be erected within the City of Norwalk, except those specifically excluded herein, shall require a permit before being erected.
1179.015 ADMINISTRATION.
A. Application and permit procedure is as follows:
1. Applications for sign permits shall contain the following information:
a. Two (2) copies of plans and/or blueprints to scale of signage, including details of fastenings, lighting, and any lettering, symbols, or other identification.
b. Any information peculiar to a particular sign application which is necessary to uphold the provisions of this Chapter.
2. Except as otherwise provided above, all applications for sign permits shall be submitted to the Zoning Inspector who shall act on the application within thirty (30) days of receipt of the completed application as provided under Chapter 1135, inclusive.
B. Zoning Inspector
1. The Zoning Inspector shall regulate and enforce the requirements of this Chapter and shall be in charge of issuing all sign permits. Permits for signs subject to the approval of the Planning Commission shall not be issued until such approval is certified to the Zoning Inspector.
2. The Zoning Inspector shall have the power to approve or disapprove all requests for temporary sign permits.
3. Sign Fees
a. An applicant for a sign permit shall pay a fee as established under Section 1135.09 of the Zoning Ordinance inclusive and as amended.
b. In addition to the payment of a sign application fee, the applicant shall pay a fee to cover the costs involved in any sign variance or appeals proceeding. The fee for a variance or appeal shall be as established under the general schedule of fees as provided under Section 1135.09.
4. Abandoned Signs
Except as otherwise provided, the Board of Zoning Appeals shall determine at public hearing when a sign is abandoned as is provided for in Section 1179.017.A., inclusive.
1179.016 VARIANCES AND APPEALS.
Variances and appeals to this Chapter may be granted pursuant to the procedure and criteria set forth in Chapter 1137, inclusive.
1179.017 NON-CONFORMING SIGNS.
A. The continuance of an existing sign which does not meet the regulations and requirements of this Chapter shall be deemed a non-conforming sign which shall terminate by abandonment. A sign shall be considered abandoned:
1. When the sign is associated with an abandoned use.
2. When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least ninety (90) consecutive days. Seasonal businesses are exempt from this determination.
3. When the sign is not maintained or does not conform to the following:
a. All signs, together with all supports, braces, guys, and anchors shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be subject to periodic inspection.
b. Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, and weeds.
4. Abandonment shall be determined based upon the above definitions at a public hearing. Upon a finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately.
B. A non-conforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this Chapter. Should a replacement or relocation take place without being brought into compliance, the sign shall be existing illegally.
C. A non-conforming sign shall be maintained or repaired in accordance with the following provisions:
1. The size and structural shape shall not be changed or altered. The copy may be changed provided that the change applies to the original non-conforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became non-conforming; the copy area shall not be enlarged. Any subsequent owner or user shall bring the sign into compliance within thirty (30) days.
2. In case damage occurs to the sign to the extent of fifty percent (50%) or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance. Where damage to the sign is less than fifty percent (50%) of the structure or its replacement value, the sign shall be repaired within sixty (60) days.
1179.018 LIABILITY INSURANCE.
A. The owner or person in control of a display sign suspended over a street or public walkway or extending into a street more than one foot (1') beyond the building line shall provide evidence to the City of liability coverage on such display sign with an insurance company licensed to do business in the State. Such liability insurance shall provide minimum limits of bodily injury liability of ten thousand dollars ($10,000) per person, twenty thousand dollars ($20,000) per accident, and property damage liability of five thousand dollars ($5,000) per accident. The City shall be named in such liability insurance policy as a coinsured insofar as the existence of any display sign, as aforesaid, is concerned.
B. Evidence of such liability insurance shall consist of a certificate of insurance issued to the City by the liability insurance company or a certified copy of the owner's liability insurance policy. Such certificate of insurance or certified copy of the policy shall provide that the City shall be notified by the liability insurance company or its agent of any changes or alterations in the original policy insofar as the existence and insuring of the display sign is concerned, and shall be given a minimum of ten (10) days notice prior to the cancellation of such policy.
1179.019 VIOLATIONS.
In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this Chapter, the Zoning Inspector shall notify, in writing, the owner or lessee thereof to alter such sign so as to comply with this Ordinance. Failure to comply with any of the provisions of this Chapter shall be deemed a violation and shall be punishable under Section 1133.016 of this Ordinance. Political signs posted in violation of Section 1179.011 of this Chapter are subject to removal by the Zoning Inspector 24 hours after written notice of violation.
(Ord. 2001-95. Passed 10-2-01.)
(Ord. 2001-95. Passed 10-2-01.)
1179.020 ELECTRONIC MESSAGE SIGNS.
A. For the purposes of this Section, "electronic message sign" means an electronically activated changeable sign, or portion of a sign, whose variable message capability can be electronically or mechanically programmed.
B. Except as set forth in Section 1179.020F., electronic message signs are not permitted in any R-1, R-2, R-3, or PUD district. An electronic message sign located in a district that abuts an R-1, R-2, R-3, or PUD district shall so place the sign such that the illuminated portion of the sign is located not less than five hundred (500) feet from the abutting R-1, R-2, R-2, or PUD district.
C. Electronic message signs are subject to the following limitations:
1. Shall comply with all applicable provisions of the Norwalk Zoning Ordinance, the Ohio Basic Building and Electrical Code, and any applicable regulations promulgated by the Ohio Department of Transportation.
2. Shall have a luminance of no more than 10,000 nits during daylight hours from sunrise to sunset, and no more than 500 nits during night-time hours between sunset and sunrise.
3. Shall, upon malfunction, cause the display to cease or go dark until repaired.
4. Shall be so programmed that each image, animation, or video must remain visible for at least eight (8) seconds. For the purposes of this section, transitioning from one message to another shall not constitute an image, animation, or video.
5. Shall be located such that the illumination or animation from the sign is not distracting to the motoring public or pedestrians in a manner that compromises or negatively impacts public safety.
6. Except for community service messaging, shall be used solely for on-premises advertising.
D. Electronic message signs that meet the foregoing limitations may be permitted by
the Code Enforcement Officer. A permit for an electronic message sign shall be limited to a period of eight (8) years. Upon re-inspection and determination that the electronic message sign
remains in compliance with this Section as it now exists or hereinafter amended, the Code Enforcement Officer shall renew the permit for an additional period of eight (8) years.
E. Any electronic message sign that, after issuance of the initial permit or any renewal thereof, becomes malfunctioning or in non-compliance with this Section shall be deactivated upon order of the Code Enforcement Officer.
F. Electronic signs that comply with the requirements and limitations of this Section are permitted in R-1, R-2, R-3 and PUD districts only on property utilized as a school or a church or place of religious worship.
(Ord. 2021-041. Passed 11-2-21.)
1181.01 LANDSCAPING REQUIREMENTS.
Consistent with the objectives established in this Chapter, landscaping shall be provided according to the following standards for the following districts with the new construction of any principal building.
R3 Multiple-Family Residence District B-1 Local Business District B-2 Downtown Business District B-3 Outlying Business District B-4 General Business District MB Manufacturing-Business District M-1 Manufacturing District M-2 Heavy Manufacturing District (Ord. 2001-96. Passed 10-2-01.) |
1181.02 SPECIAL EXCEPTIONS.
The City shall recognize that, in some cases, the landscaping requirements may be difficult or impractical to meet due to specific site characteristics. In these cases, an alternate landscaping plan may be approved by the Planning Commission as part of the site plan review process.
1181.03 SCREENING OF SERVICE COURTS, STORAGE AREAS, AND LOADING DOCKS.
For all uses that include areas used for service loading and unloading activities, such areas shall be screened along the entire rear lot line and side lot lines from the rear lot line to the rear building line to the following minimum standards:
A. The width of the screening area shall be a minimum of five feet (5'). Screening shall consist of walls, hedges, fences, vegetation, or an acceptable combination of these elements, provided that screening must be at least seven feet (7') in height.
B. Vegetation used for screening shall have a minimum of seventy-five percent (75%) at all times within two (2) years of planting.
1181.04 SCREENING OF TRASH CONTAINER RECEPTACLES.
Trash containers shall be screened according to the following minimum standards:
A. Trash containers designed to service more than one (1) residential unit or to service a non-residential structure shall be screened on all sides on three (3) sides by walls, fences, or natural vegetation or an acceptable combination of these elements.
B. The height of such screening shall be at least six feet (6'). The maximum height of walls and fences shall not exceed ten feet (10'). Vegetation shall have a minimum opaqueness of seventy-five percent (75%) at all times within two (2) years of planting. The use of evergreen vegetation is encouraged. Vegetation shall be a variety that will attain six feet (6') in height within two (2) years of planting.
1181.05 INTERIOR PARKING AREA LANDSCAPING.
Landscaping within parking areas, whether ground cover or upright plant material, is necessary not only to reduce the generation of heat and water runoff, but to break up visually the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is required to landscape parking lot interiors. The use of shade trees in these landscape areas is encouraged. Any open parking area containing more than six thousand square feet (6,000 sf.) of area or fifteen (15) or more parking spaces shall provide the following interior landscaping in addition to the required perimeter screening:
A. An area equal to five percent (5%) of the total area devoted to parking space and parking lanes shall be landscaped and permeable.
B. Whenever possible, large parking areas of thirty thousand square feet (30,000 sf.) or larger shall be designed so as to break up their visual expanse and create the appearance of smaller parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and by taking advantage of natural features such as slope, existing woodland or vegetation, drainage courses, and retention areas.
C. Landscaping in parking areas shall be dispersed throughout in peninsulas or islands. The minimum island or peninsula size shall be one hundred eighty square feet (180 sf.) with a two foot (2') minimum distance between all trees or shrubs and the edge of pavement where vehicles overhang and should have a minimum width of ten feet (10'). Islands shall typically be located every ten (10) to twelve (12) parking spaces and may be curbed.
D. The required plant materials for the interior of parking areas shall be one (1) deciduous tree for every three thousand square feet (3,000 sf.). Where site distance or maneuvering conflicts exist, trees shall have a clear trunk of at least five feet (5') above the ground, and the remaining required landscape areas shall be planted with shrubs or ground cover not to exceed two feet (2') in height.
1181.06 PLANT MATERIAL SPECIFICATIONS.
The following Sections include specifications for plant materials. Alternatives to these materials that can be shown to meet both the intent and requirements of this Ordinance may be approved as part of a site plan:
A. Shrubs: Shrubs shall be at least twenty-four inches (24") average height and spread at the time of planting and, where required for screening, shall form a continuous, year-round, solid visual screen within five (5) years after planting.
B. Ground Cover and Grass: Ground cover shall be planted a minimum of eight inches (8") on center and shall be planted in such a manner to present a finished appearance and seventy-five percent (75%) coverage after one (1) complete growing season. If approved as part of a Site Plan, ground cover may also consist of rocks, pebbles, wood chips, and other material. Grass shall be planted in species normally grown as permanent lawns.
C. Prohibited Tree Species: Within any required landscaping, the following tree species may not be used:
Box Elder Tree of Heaven Catalpa Black Walnut Poplar Willow Mountain As Siberian Elm Black Locust Hickory Mulberry |
In addition to the specific species listed above, trees which produce nuts, seeds, or fruit that can create a hazard to pedestrians or vehicles, shall not be planted in such a manner that the natural dripline of an average adult tree of the species planted will be any closer than three feet (3') of a pedestrian walkway or parking lot.
1181.07 SCREENING OF EXTERIOR MECHANICAL EQUIPMENT.
Exterior components of plumbing, processing, heating, cooling, and ventilating systems (including, but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating-equipment fans, blowers, ductwork, vents, louvers, meters, compressors, motors, incinerators, ovens, etc.) shall not be directly visible at ground level. Any landscaping or structural means employed to screen exterior components of plumbing, processing, heating, cooling, and ventilating systems from direct view shall appear as integrated parts of the buildings; shall be constructed of complementary and durable materials; and finished in a texture and color scheme complementary to the overall architectural design. Any exterior components of plumbing, processing, heating, cooling, and ventilating systems and their screening devices which will be visible from upper floors of adjacent buildings shall be kept to a visible minimum; shall be installed in a neat and compact fashion; and shall be painted such a color as to allow their blending with their visual backgrounds.
1181.08 MAINTENANCE AND REPLACEMENT REQUIREMENTS.
The owner shall be responsible for maintaining all landscaping in good condition to present a healthy, neat, and orderly appearance. This should be accomplished by the following standards:
A. All plant growth in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.
B. All planted areas shall be maintained in a relatively weed-free condition, clear of undesirable undergrowth and free from refuse and debris.
C. Replacement plants shall conform to the standards that govern original installation. Dead or unhealthy plants shall be replaced within the next planting season.
D. Representatives of the City shall have the authority to inspect landscaping and check it against the approved plan on file.
1183.01 SHORT TITLE.
This Chapter shall be known and may be cited as the "Rights-of-way Ordinance."
(Ord. 2010-044. Passed 11-2-10.)
1183.02 DEFINITIONS.
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(a) "Cable operator" has the same meaning as in Section 2 of the "Cable Communications Policy Act of 1984," 96 Stat. 2779, 47 U.S.C.A. 522, as amended.
(b) "City" means the entire City of Norwalk, Ohio as the same now or in the future may exist.
(c) "Council" means the City Council of Norwalk, Ohio.
(d) "Facilities" means the utility poles, wires, cables, lines, guys, anchors, manholes, vaults, pipes, conduits, ducts, pedestals, antenna, transformers, crossbars, repeaters, hubs, routers, and other equipment and related appurtenances owned, controlled or used by cable operators and utility service providers.
(e) "Force majeure" means a strike, acts of God, acts of public enemies, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, washouts, droughts, civil disturbances, explosions, partial or entire failure of utilities, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies, political subdivisions, or any other cause or event not reasonably within the control of the disabled party.
(f) "Grantee" means a person to whom a rights-of-way construction permit is granted, and the grantee's agents, employees and contractors.
(g) "Person" means an individual, firm, corporation, limited liability company, partnership, proprietorship, association, or legal entity or organization of any kind.
(h) "Revocable use permit" means a permit issued pursuant to this chapter which grants permission, subject to revocation, to the grantee to continue to use or occupy a part of a rights-of-way for an encroachment onto the rights-of-way existing prior to the effective date of this chapter.
(i) "Rights-of-way" means the surface, the air space above the surface, and the area below the surface, including the entire width, of any public streets, highway, roadways, avenues, lanes, alleys, courts, places, curbs, sidewalks, rights-of-way, or other public ways in the City which have been or may hereafter be dedicated to or otherwise acquired by the City.
(j) "Rights-of-way construction permit" means a permit issued pursuant to this chapter which authorizes the grantee to construct or place facilities in the rights- of-way subject to and in accordance with this chapter.
(k) "Utility service provider" means a natural gas company, local exchange telephone company, interexchange telecommunications company, electric company, or any other person that occupies a public way to deliver natural gas, electric or telecommunications services.
(Ord. 2010-044. Passed 11-2-10.)
1183.03 PURPOSE.
The purpose of this Chapter is to manage and administer the impacts of utility service providers, cable operator and other person's use of the rights-of-way.
(Ord. 2010-044. Passed 11-2-10.)
1183.04 CONSTRUCTION AND REPAIR OF FACILITIES.
(a) No utility service provider, cable operator, or person shall construct, install, or place facilities in the rights-of-way without prior consent of the City, which consent shall be set forth in a rights-of-way construction permit issued by the City as provided in Section 1183.07.
(b) A utility service provider, cable operator, or person seeking to repair, maintain, construct, install, or place facilities in the rights-of-way in a manner that requires cutting, breaking, opening, boring under, or altering street pavement, or digging, excavating, or performing any other work or activity which disturbs the existing surface or subsurface structure, composition, or soil compaction of the rights-of-way shall obtain, in addition to any permit required under paragraph (a) of this section, a street opening permit under Section 901.01.
(Ord. 2010-044. Passed 11-2-10.)
1183.05 OBSTRUCTION OF THE RIGHTS-OF-WAY.
(a) No utility service provider, cable operator, or person shall obstruct or place obstructing materials in the rights-of-way without prior consent of the City, which consent shall be set forth in a permit issued by the Director of Public Works under this Chapter; provided however, utility service providers and cable operators may place temporarily trucks, cones, pumps, ventilating equipment, trailers, guards, and other facilities in the rights-of-way in order to enter existing manholes and other underground structures to perform routine repair and maintenance of their facilities which repairs and maintenance do not require cutting, breaking, opening, boring under, or altering street pavement, or digging, excavating, or performing any other work or activity which disturbs or alters the existing surface, subsurface, structure, composition, or soil compaction of the rights-of-way. In no event shall the rights-of-way be obstructed for more than twelve (12) hours in any twenty-four (24) hour period without prior consent of the City set forth in a permit issued by the Director of Public Works under this Chapter and in no event shall traffic be obstructed on more than one-half of any public street at any one time.
(b) No utility service provider, cable operator, or person shall place any object of any kind in the rights-of-way such that said object obstructs the vision of the motoring public or poses a hazard to City street cleaning, snow removal or other equipment.
(Ord. 2010-044. Passed 11-2-10.)
1183.06 APPLICATION FOR RIGHTS-OF-WAY CONSTRUCTION PERMIT.
(a) Any utility service provider, cable operator or person seeking to obtain a rights-of- way construction permit shall file an application with the Director of Public Works. The application shall be in such form as the Director of Public Works directs, but at a minimum shall be signed by such utility service provider, cable operator or person, or a duly authorized agent thereof; shall incorporate, directly or by reference, the terms of this Chapter; shall set forth the applicant's consent to and agreement to comply with the terms of the application, this Chapter, and the rights-of-way permit; and shall require the applicant to provide the following information:
(1) The name, address and telephone number of both applicant and its agent upon whom service can be made and notices provided;
(2) A statement as to the nature of the applicant's business, whether its operations and facilities are subject to regulation by the Public Utilities Commission of Ohio or federal regulatory agency, and whether it is certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio;
(3) Location of the proposed construction;
(4) Type of facility to be installed or constructed;
(5) Method of construction, installation, or placement to be used;
(6) Estimated time to complete construction;
(7) Whether street pavement will be cut, broken, opened, or bored under;
(8) Whether traffic will be obstructed and, if so, the portion of the rights-of-way obstructed and the dates of the obstruction;
(9) Proposed means of restoring the rights-of-way;
(10) A statement describing how traffic flow will be maintained during the construction period; and
(11) A description of the purpose and use of the facilities constructed, installed, or placed in the rights-of-way (power with voltage, gas with maximum allowable operating pressure, etc.) and other pertinent details.
(b) If the applicant is not certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio, applicant shall also submit such additional information as the Director of Public Works requests to determine the financial, technical and managerial expertise of the applicant to construct, operate and maintain facilities in the right-of-way.
(c) Applicants shall also submit, as an attachment to their application, scale drawings showing completely the nature, location, construction materials and design of the facilities to be installed or constructed. Such drawings shall include:
(1) Street and/or road names;
(2) A north arrow;
(3) The offset, in feet and inches, from the centerline of the roadway to the proposed facilities to be constructed or installed;
(4) The rights-of-way limits;
(5) The pavement width;
(6) The distance from edge of pavement to the facilities being constructed, installed or placed;
(7) The distance from nearest major intersection, railroad crossing, and/or other physical features to the facilities being constructed, installed or placed;
(8) A description of the nature of the facilities and the materials to be used in their construction, including without limitation and where applicable, the number, size, dimensions, and composition of the pipes, conduits and ducts, poles and other supporting structures, manholes and vaults, cable and wire and other facilities;
(9) One or more typical cross sections as required to adequately display and demonstrate the proposed location of the facilities in the rights-of-way and in relation to the existing facilities of the City, cable operators, and other utility service providers, however, if only aerial facilities requiring no additional poles are to be constructed, placed or installed, then only aerial facilities need be shown on the permit drawing;
(10) The minimum vertical clearance above or below the pavement or the existing or finished grade; and
(11) The location, in relation to the facilities to be constructed, placed or installed, of all known, existing utilities in the rights-of-way.
(d) If the applicant requests that it be permitted to self insure and/or bond as provided in Section 1183.20, then it shall also submit with its application a copy of its last audited annual report to shareholders or the Securities and Exchange Commission.
(e) The Director of Public Works shall determine which drawings, if any, shall be certified by an engineer registered in the State of Ohio.
(Ord. 2010-044. Passed 11-2-10.)
1183.07 ISSUANCE OF RIGHTS-OF-WAY CONSTRUCTION PERMITS.
(a) The Director of Public Works shall forward a complete copy of the application and associated information and drawings to the Safety/Service Director. If the Director of Public Works and Safety/Service Director determine that the application for the rights- of-way construction permit is complete and all required information and drawings have been provided, they shall review such information and drawings, and approve the application and issue the applicant a rights-of-way construction permit authorizing the construction, placement, or installation of the facilities in the rights-of-way upon their determinations that proposed construction, placement, or installation of the facilities is consistent with and meets the requirements of this Chapter and all applicable building and safety code requirements, and that the applicant possesses the financial, technical and managerial expertise to construct, operate and maintain facilities in the rights-of-way. If the applicant is certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio, applicant shall be presumed to have such expertise.
(b) The Director of Public Works and Safety/Services Director shall approve or reject the application within thirty (30) days of applicant's filing a completed application setting forth all required information, drawings and exhibits.
(c) The permit shall be signed by the Director of Public Works and the Safety/Service Director and by the grantee or grantee's duly authorized agent or representative and shall set forth the grantee's consent and agreement to the terms of the permit.
(d) The permit shall be in the form required by the Director of Engineering Services, and shall include in its terms the provisions of this chapter which set out the duties and obligations of grantees hereunder. (Ord. 2010-044. Passed 11-2-10.)
1183.08 RIGHTS-OF-WAY CONSTRUCTION PERMIT FEES.
Upon grantee's acceptance of the rights-of-way construction permit, grantee shall pay to the City a rights-of-way construction permit fee in an amount which the Director of Public Works determines permits the City to recover the direct incremental costs incurred by the City in inspecting and reviewing the application and associated information and drawings, and in approving such permit. (Ord. 2010-044. Passed 11-2-10.)
1183.09 LOCATION OF FACILITIES.
(a) Grantee shall construct, place and install its facilities as set forth in its application and so as to not interfere with travel and proper use of streets, alleys, and other public ways and places by the public and to not interfere with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. Grantee's use of the rights-of-way shall be secondary to the use thereof by the traveling public (including pedestrians and other proper public uses). Damage to and repair of pedestals, vaults, manholes or other facilities of the grantee in the rights-of-way caused by street plowing, street cleaning and other activities carried out by the City to facilitate such travel and public use shall be the responsibility of the grantee and no claim may be made against the City in respect thereto.
(b) In all sections of the City where the cables, wires, or other like facilities of public utilities are placed underground, grantee shall place its cables, wires or other like facilities underground.
(c) Grantee shall construct, place and install its facilities so that cables, wires, poles and other facilities shall conform to the pattern of the existing public utility cables, wires, poles and other facilities and to minimize any damage, destruction or disturbance of the rights-of-way (including trees, shrubbery and improvements located thereon).
(d) Grantee shall relocate, either overhead or underground, its cables, wires, poles or other facilities when the City determines that such relocation is necessary for public travel upon and use of the rights-of-way.
(e) Grantee shall relocate, either overhead or underground, its cables, wires, poles or other facilities when the City determines that such relocation is necessary for any improvement to or expansion, construction or repair of public streets or highways or use of the rights-of-way.
(Ord. 2010-044. Passed 11-2-10.)
1183.10 RESTORATION OF RIGHTS-OF-WAY.
In case of damage, destruction or disturbance of any street, sidewalk, alley, public way, paved area, tree lawn or other portion of the rights-of-way (including trees, shrubbery, and improvements thereon) by grantee, grantee shall, without delay and at its own cost and expense and in a manner approved by the Director of Public Works, replace and restore such street, sidewalk, alley, public way, paved area, or portion of the rights-of-way (including trees, shrubbery, and improvements thereon) to its former state of usefulness, repair and condition, paved, seeded, mulched, replanted, or sodded in a manner and with the same type, quality, and condition of materials that will match those damaged, destroyed or disturbed and those of the adjacent property so that disturbed area is in as good a condition as before the work involving such disturbance was done. In the event grantee, after ten (10) days advance notice, fails or refuses to commence, pursue and complete such replacement and restoration work, the City shall have the authority, but not the obligation, to complete such restoration and to require grantee to pay to the City the cost of such restoration. In the event that the restoration of the disturbed area, or the area adjacent thereto, deteriorates at a faster rate than that which would have occurred had grantee not damaged, destroyed or disturbed the area, then in that event, grantee shall repair, replace, or restore such areas to their original condition prior to the disturbance. Any such deterioration occurring within the five (5) year period following the disturbance will be presumed to result from grantee's actions and disturbance of the area. Any trees in the disturbed area or the area adjacent thereto that die within said five (5) year period will be presumed to have died as a result of grantee's actions and disturbance of the area.
(Ord. 2010-044. Passed 11-2-10.)
1183.11 RELOCATION OF FACILITIES.
If the City shall elect to alter or change the grade of any street, sidewalk, alley or other public way, or to change the location of or engage in the construction, reconstruction, maintenance or repair of any public property, structure or facility, or to engage in any public improvement, and if as a result thereof it is deemed necessary by the City for grantee to move, relocate, change, alter or modify any of its facilities or structures in order to assure the public's unencumbered continued use of the rights-of-way for travel and other proper public uses, then in such event and upon reasonable written notice of not less than sixty (60) days, grantee at its sole cost shall promptly move, relocate, change, alter or modify its facilities. In the event grantee, after such notice, fails or refuses to commence, pursue and complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to move, remove, relocate, change, alter, modify or abate such structures or facilities and to require grantee to pay to the City the cost of such relocation, alteration, or modification. In the event that emergency which threatens the health or safety of the public requires the relocation, alteration, or removal of the facilities, the City will attempt to notify promptly the grantee and Grantee shall have the right to move, alter, or remove the facilities from the rights-of-way.
(Ord. 2010-044. Passed 11-2-10.)
1183.12 TEMPORARY MOVEMENT OF FACILITIES.
Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than ten (10) business days advance notice to arrange for such temporary wire changes.
(Ord. 2010-044. Passed 11-2-10.)
1183.13 TREE TRIMMING.
Subject to grantee's compliance with the requirements and restrictions of Chapter , grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires, cables and equipment of the grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the grantee. (Ord. 2010-044. Passed 11-2-10.)
1183.14 JOINT PLANNING AND COOPERATION.
(a) Grantee shall cooperate with other grantees and the City for the best, safest, most efficient, most aesthetic and least obtrusive use of the rights-of-way, to minimize traffic and other disruptions including street cuts, and to achieve the most efficient utilization of, construction in and occupancy of the rights-of-way. Grantee shall not be required to divulge trade secrets or other competitively sensitive confidential information the release of which would cause material injury to the grantee. Any confidential information of a grantee in the possession of the City will be treated as such, to the extent determined legally appropriate by the City's Law Director.
(b) Grantee shall participate in all joint planning conferences called by the City to discuss construction projects and other matters impacting the rights-of-way. Such participation may be by telephone if suitable arrangements are made in advance.
(c) Grantee shall cooperate with other grantees in utilization of, construction in and occupancy of private rights-of-way within the City, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the grantee; provided, however, that nothing in this section shall be construed to require expenditure of funds or rearrangement of facilities by a grantee without fair compensation.
(Ord. 2010-044. Passed 11-2-10.)
1183.15 ERECTION AND COMMON USE OF POLES AND DUCTS.
(a) Where utility poles, underground conduit or ducts or other wire-holding structures or facilities already exist and are reasonably available for use by the grantee, grantee shall use such poles, conduits, ducts, structures or facilities to install its cable, wires, and equipment. Where such poles, conduits, ducts, structures, or facilities are not reasonably available, the grantee shall have the right to construct, install, erect and maintain its own poles, conduits, ducts, structures or facilities at locations as it may find necessary for the proper construction, operation or maintenance thereof. Such poles, conduits, ducts, structures or facilities shall be identified and set out in the drawings submitted with grantee's application submitted under Section 1183.06 hereof and City approval of the grantee's application shall constitute its approval of the construction, installation and erection of those identified poles, conduits, ducts, structures and facilities. Grantee shall comply with such conditions as the City may impose in approving the application and granting any final authorization to so construct, install, locate and erect the poles, conduits, ducts, structures or facilities.
(b) Grantee shall make available to other attaching parties any usable space on its poles or in its underground structures on the same terms and conditions as other grantees make space available on their poles or in their underground structures. Where the City or a public utility serving the City desires to make use of the conduit, ducts, poles or other wire-holding structures of the grantee, but agreement therefor cannot be reached, if the City Planning Commission determines that the use would enhance the public safety or convenience and would not unduly interfere with the grantee's operations, the Planning Commission may require the grantee to permit such use on the same terms and conditions as other grantees make space available in their conduit or ducts or on their poles or structures.
(Ord. 2010-044. Passed 11-2-10.)
1183.16 SAFETY REQUIREMENTS.
(a) Grantee shall at all times employ ordinary care and shall construct, install, place, locate and maintain its facilities using commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(b) Grantee shall construct, install, place, locate and maintain its facilities in such manner that they will not interfere with any installations of the City or other grantees, and in accordance with good engineering practices and, where applicable, the requirements of the National Electrical Safety Code, the rules and regulations of the Public Utilities Commission of Ohio, the Federal Energy Regulatory Commission, and all applicable ordinances and regulations of the City affecting electrical and structural installations which may currently be in effect or changed by future ordinances, and all other applicable state or federal construction and safety requirements.
(c) Grantee's facilities in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
(d) Grantee shall at all times maintain a force of available employees or agents sufficient to provide safe, adequate, and prompt maintenance and repair of its facilities. Such employees or agents shall perform all work, construction, maintenance or removal of structures and facilities within the rights-of-way, including tree trimming, in accordance with good engineering, construction and safety practices, including any applicable safety codes.
(e) Grantee shall register, or cause to be registered, its facilities with the Ohio Utility Protection Service or any successor thereto.
(f) Grantee shall cooperate with the City in any emergencies involving the rights-of- way.
(g) Grantee shall field identify, using distinct identification, its facilities constructed, installed, placed or located in the rights-of-way. Such identification shall be consistent with industry standards for such identification.
(h) Grantee shall designate a single point of contact for reporting of emergencies and conditions affecting the safety of the public.
(Ord. 2010-044. Passed 11-2-10.)
1183.17 MAPS.
Upon request of the City, grantee shall provide and maintain with the City a true and accurate map or set of maps showing the location of all grantee's facilities in the rights-of-way and other public places. (Ord. 2010-044. Passed 11-2-10.)
1183.18 INDEMNIFICATION.
(a) Grantee shall, at its sole cost and expense, fully defend, indemnify and hold harmless the City, its officers, boards, commissions, agents and employees, against and from any and all claims, demands, causes of actions, suits, proceedings, damages, liabilities, penalties and judgments of every kind arising out of or pertaining to the City's granting a rights-of-way construction permit to grantee and/or the construction, maintenance or operation of grantee's facilities, including but not limited to damages for injury or death, or damages to property, real or personal, and against all liabilities to others and against all loss, cost and expense, resulting or arising out of any of the same.
(b) Grantee shall pay all expenses incurred by the City in defending itself with regard to the claims, causes of action, suits, proceedings, damages, liabilities, penalties and judgments mentioned in subsection (a) above. These expenses shall include but are not limited to all out-of- pocket expenses, such as attorney's fees, and shall also include the reasonable value of any services rendered by the City's Law Director or his assistants, or any employees of the City.
(c) For the City to assert its rights to be defended, indemnified and held harmless, the City must:
(1) Notify grantee of any claim or legal proceeding which gives rise to such right;
(2) Afford grantee the opportunity to participate in any compromise, settlement, resolution or disposition of such claim or proceeding; and
(3) Cooperate in the defense of such claim and make available to grantee all such information under its control reasonably relating thereto.
(Ord. 2010-044. Passed 11-2-10.)
1183.19 NO RECOURSE.
(a) Except as expressly provided in this Chapter, grantee shall have no recourse whatsoever against the City for any loss, cost or expense, or damages arising out of the provisions or requirements of this chapter or the rights-of-way construction permit, or because of the enforcement thereof by the City, or for the failure of the City to have the authority to grant all or any part of the rights-of-way construction permit.
(b) Grantee shall acknowledge, upon executing and accepting a rights-of-way construction permit, that it does so relying upon its own investigation and understanding of the power and authority of the City to grant such a permit.
(c) Grantee shall further acknowledge, upon executing the rights-of-way construction permit, that it has carefully read the terms and conditions of this Chapter and the form of the rights-of-way construction permit, and grantee is willing to and does accept all of the risks of the meaning of the terms and conditions contained therein, and agrees that in the event of any ambiguity or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against grantee and in favor of the City.
(Ord. 2010-044. Passed 11-2-10.)
1183.20 LIABILITY INSURANCE AND BONDS.
(a) Grantee shall maintain, throughout the period of construction and for so long as the facilities constructed, placed, installed or located occupy the rights-of-way or other public place, liability insurance insuring the City and the grantee with regard to all damages of the type mentioned in Section 1183.18 above, or otherwise, in the following minimum amounts, (which insurance or the limits of same however, shall not serve to limit the grantee's obligations or duties to indemnify and save the City harmless as provided herein, particularly in Section 1183.18 hereof):
(1) Three million dollars ($3,000,000) for bodily injury or death to any one person;
(2) Five million dollars ($5,000,000) for bodily injury or death resulting from any one accident or occurrence;
(3) Five hundred thousand dollars ($500,000) for property damage to any single property; and
(4) Five million dollars ($5,000,000) for excess liability or umbrella coverage.
(b) Grantee shall furnish to the City certificates of insurance evidencing grantee's compliance with this section. All insurance required by this Chapter shall be and remain in full force and effect for the entire term of this Chapter. Such insurance, if canceled for any reason, shall immediately be put back in force subject to the terms and requirements specified herein.
(c) Any insurance policy obtained by the grantee to comply with this section must be approved by the City's Law Director, which approval shall not be unreasonably withheld, and a certificate of insurance and a duplicate copy of said insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with the City Finance Department during the term required by this Chapter. Such insurance may be changed from time to time to reflect changing liability limits as may be reasonably requested by the City, but not below the minimum established herein. Grantee shall immediately notify the City in writing of any litigation that may develop that would affect the insurance required herein.
(d) Upon acceptance of the rights-of-way construction permit, grantee shall deposit with the City a surety bond in the amount of fifty thousand dollars ($50,000) in a form reasonably acceptable to the City's Law Director; provided, however, that the Mayor, in her/his sole discretion, may waive or reduce the amount of the bond. The performance bond shall be available to insure the faithful performance by grantee of all provisions of the rights-of-way construction permit. The performance bond shall be maintained at fifty thousand dollars ($50,000) during the entire term of this chapter, regardless of withdrawals which may be made under this section. The performance bond shall be conditioned upon and insure the faithful performance of grantee of all terms and conditions of the rights-of-way construction permit and the payment by grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, repair or maintenance of grantees' facilities in the rights-of-way or other public place. The rights reserved to the City with respect to the performance bond are in addition to all other rights the City may have under this chapter or any law. The company providing such bond must be licensed to do business in the State of Ohio. In the event of a default by grantee in any of its obligations under the rights-of-way construction permit which default is not cured within ten (10) days after notice by the City to grantee of such default (or such longer time as it is necessary to cure, so long as grantee commences to cure within ten (10) days and diligently pursues cure), the City may levy on the performance bond upon notifying grantee of the amount of such charge. Grantee may contest in good faith any dispute with respect to any levy by the City on the performance bond. The rights reserved to the City with respect to the performance bond are in addition to all other rights of the City, at law or in equity. The performance bond provided hereunder shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled without thirty (30) days advance written notice to the City of Norwalk, Ohio."
(e) Upon written request of the grantee, and approval of the Director of Public Works, grantees who maintain a net book value in excess of fifty million dollars ($50,000,000) may self-insure and self-bond in lieu of maintaining and providing the policies of insurance and bonds described above. Such grantees shall provide to the Director of Public Works such certificates or other documents attesting to such book value, insurance and bonding as the Director of Public Works may reasonably request.
(Ord. 2010-044. Passed 11-2-10.)
1183.21 WRITTEN NOTICE.
All notices or demands required to be given under the rights-of-way construction permit or this Chapter shall be deemed to be given when delivered personally or upon the date actually received as evidenced by certified mail, return receipt requested. All notices to the City shall be addressed as follows:
CITY OF NORWALK, OHIO
Director of Public Works
38 Whittlesey Avenue
Norwalk, Ohio 44857
All notices to the grantee may be made and shall be in effect upon delivery to the party named in the rights-of-way construction permit or the party's successor.
(Ord. 2010-044. Passed 11-2-10.)
1183.22 SEVERABILITY.
If any term, condition or section of this Chapter or a rights-of-way construction permit or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or section to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Chapter and all the terms, conditions and sections hereof shall, in all other respects, continue to be effective and to be complied with.
(Ord. 2010-044. Passed 11-2-10.)
1183.23 EFFECTIVE DATE.
This Chapter shall become effective at the earliest date allowed by law.
(Ord. 2010-044. Passed 11-2-10.)
1183.24 REMOVAL OF FACILITIES.
(a) Grantees that intend to discontinue use of and abandon facilities constructed, placed, installed or located in the rights-of-way shall submit a written notice to the Director of Public Works describing the portion of the facilities to be discontinued and abandoned, the plan for removing or securing the same, and the proposed date of abandonment, which date shall not be less than sixty (60) days from the date such notice is submitted to the Director of Public Works. Grantees shall not abandon facilities without such notice. Grantee shall remove or secure such facilities if and as required by the written direction of the Director of Public Works so long as such direction is issued no more than sixty (60) days from the date the notice of discontinuance or abandonment of facilities is submitted to the Director of Public Works.
(b) Should any grantee fail, after notice, to remove or secure the abandoned facilities, the City may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken any reasonable action necessary to remove or secure the abandoned facilities. The City shall have no liability for any damage caused by such action and grantee shall be liable to the City for all reasonable costs incurred by the City in taking such action. (Ord. 2010-044. Passed 11-2-10.)
1183.25 REVOCATION.
(a) In addition to any other rights set out herein, the City reserves the right to revoke grantee's rights-of-way construction permit in the event grantee violates any material provision of this Chapter or its rights-of-way construction permit.
(b) The Director of Public Works shall give grantee thirty (30) days prior written notice of intent to revoke grantee's rights-of-way construction permit. Such notice shall state the reasons for such action. If grantee cures the violation or other cause within the thirty (30) day notice period, or if grantee initiates efforts satisfactory to the Director of Public Works to remedy the stated violation, the Director of Public Works shall rescind said notice of revocation. If grantee does not cure the stated violation or other cause or undertake efforts satisfactory to the Director of Public Works to remedy the stated violation, the Director of Public Works may recommend that grantee's rights-of-way permit be revoked. After granting grantee an opportunity to be heard in writing, the Mayor may revoke the rights-of-way construction permit. Unless otherwise required by law, the decision of the Mayor shall be final.
(Ord. 2010-044. Passed 11-2-10.)
1183.26 RESERVATION OF RIGHTS.
(a) Nothing in this Chapter or any rights-of-way construction permit should be construed so as to grant any right or interest in any rights-of-way or public property or place. No approval by the City and no location of any pipe, conduit, duct, pole or structure of grantee in the rights-of-way shall be or give rise to any vested interest or property right in the rights-of-way and such pipe, conduit, duct, pole or structure shall be removed or modified by grantee at its own expense whenever the Director of Public Works determines that the public's health, safety or welfare would be enhanced thereby.
(b) Nothing in this Chapter or any rights-of-way construction permit shall be construed to prevent the City from constructing, maintaining, repairing or relocating any City utility, including street lighting, communications or like facilities; grading, paving, maintaining, repairing, relocating or altering any street, public property or rights-of-way; or constructing, maintaining, relocating, or repairing any sidewalk or other public work or improvement.
(Ord. 2010-044. Passed 11-2-10.)
1183.27 NON-ENFORCEMENT AND WAIVERS BY CITY.
Grantee shall not be relieved of its obligation to comply with any of the provisions of its rights-of-way construction permit or this Chapter by reason of any failure of the City to enforce or require prompt compliance.
(Ord. 2010-044. Passed 11-2-10.)
1183.28 CAPTIONS.
Captions contained in this Chapter are for convenience only, and shall not limit the applicability of any section herein or bestow additional rights on any party other than those contained in this Chapter. (Ord. 2010-044. Passed 11-2-10.)
1183.29 APPLICATION TO CITY.
The City's construction, installation, or placement of facilities or structures in the rights-of- way shall not be subject to this Chapter.
(Ord. 2010-044. Passed 11-2-10.)
1183.30 PLACEMENT OF OBJECTS IN RIGHTS-OF-WAY.
(a) Subject to the provisions of Section 1183.30(b), in addition to the prohibitions set forth in Section 1183.05, and except as otherwise provided in this Chapter, no person, utility service provider, or cable operator shall place any object, thing or structure including but not limited to rocks, landscaping, stones, bricks, wood, pipes, or sprinklers, on or under the surface of any rights-of-way.
(b) Owners of objects, things or structures located on or under the surface of any rights-of-way as of the effective date of this chapter may maintain such object, thing or structure on or under the surface of the rights-of-way provided that, within thirty (30) days of the effective date of this chapter, such owner obtains from the Director of Public Works a revocable use permit for such object, thing or structure. The permission granted pursuant to such revocable use permit shall be as set forth in the permit. The revocable use permit may be revoked at the direction of the Director of Public Works. In the event any such permit is revoked, the owner of the object, thing or structure subject to the permit shall forthwith cause the same to be removed from the rights-of-way at the owner's expense.
(c) This section shall not apply to the placement within the rights-of-way of receptacles for the deposit of United States Mail service provided that such receptacles:
(1) Are in conformity with all regulations of the United States Postal Service regarding such receptacles;
(2) Do not constitute a hazard to the motoring public or to City owned equipment such as snow plows and street cleaners;
(3) Do not obstruct the vision of the motoring public; and
(4) Are not placed within that portion of the rights-of-way utilized for vehicular traffic.
(Ord. 2010-044. Passed 11-2-10.)
1183.99 PENALTY.
Any failure to comply with any provision of this Chapter shall be subject to a civil forfeiture, payable to the City, in the amount of five hundred dollars ($500.00) per day of each day of violation. In addition, any failure to timely comply with a notice by the Director of Public Works to move, remove, or rearrange facilities pursuant Section 1183.09 and Section 1183.11, shall be subject to an additional civil forfeiture equal to any costs incurred by the City as a result of such failure, including but not limited to any penalties or liquidated damages charged the City by its contractors occasioned thereby, shall be imposed.
(Ord. 2010-044. Passed 11-2-10.)
1187.01 APPLICATION, COMPLIANCE REQUIRED.
Any person, firm, or corporation having an interest in oil fields or other deposits of hydrocarbon substances located in the City, shall file with the Zoning Inspector an application for authorization to extract the same therefrom, provided however, that such person, firm, or corporation shall comply with the applicable regulations of the State, the applicable provisions of Chapter 717 of the Business Regulation Code for the City of Norwalk, and with the following additional requirements.
1187.02 MINIMUM AREA PER WELL.
The minimum area per well shall be as prescribed by State regulations or statutes.
1187.03 DISTANCE FROM RESIDENCES AND OTHER BUILDINGS.
The distance from residences and other buildings shall be as set forth in Section 717.03 of the Business Regulation Code for the City of Norwalk.
1187.04 STANDARD CONDITIONS.
The following conditions shall be met:
A. Pipelines
All oil or gas produced shall be carried away by pipelines unless stored in underground tanks.
B. Derricks to be Removed
Derricks shall be removed from each well within thirty (30) days after the drilling of such well has been completed and thereafter, when necessary, such completed wells shall be serviced by portable derricks.
C. Fencing and Landscaping
The drilling site shall be landscaped and maintained in a sightly condition. Fences shall be erected around the entire site or portions thereof where such fencing is necessary for the protection of the public safety.
D. Refining
Except in any M District, no refining process or any process for the extraction of products from natural gases shall be carried on at the drilling site.
E. Equipment
Electrical equipment, steam-driven equipment, or internal combustion engines may be employed in the drilling or pumping operations. If internal combustion engines are used, mufflers shall be installed on the mud pumps and engines.
F. Waste Disposal
All waste substances such as drilling muds, oil, brine, or acids produced or used in connection with oil drilling operations shall be retained in watertight receptors from which they may be piped or hauled for terminal disposal in dumping areas designated or approved by the Huron County Board of Health or the Health Officer.
G. Review
The Zoning Inspector shall cause all applications, hereunder, to be reviewed by the Director of Public Service and Safety.
1187.05 APPLICATION, CONTENTS, PROCEDURE.
An application for such operation shall set forth the following information:
A. Name of the owner or owners of land from which extraction is to be made.
B. Name of the applicant making request for such a permit.
C. Name of the person or corporation conducting the actual extraction operation.
D. Location, description, and size of the area from which extraction is to be made.
E. Proposed method of removal and equipment to be employed.
F. Method of rehabilitation or reclamation of the site after abandonment. The fee shall be as set forth in Section 1135.09.
1187.06 SURFACE REHABILITATION.
A drilling site or well which has been abandoned shall be reconditioned. All drilling and pumping equipment and accessories shall be removed and the premises shall be restored to its original condition as nearly as practicable to do so, but to a safe and sightly condition in any event.
1187.07 PERFORMANCE BOND.
The performance bond shall be as set forth in Section 717. 02 of the Business Regulation Code for the City of Norwalk.
1189.01 DEFINITIONS.
Interpretation of Terms or Words: For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows:
A. The word “person”or applicant” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
B. The present tense includes the future tense, the singular number includes the plural, and the plural includes the singular.
C. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
D. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.”
E. The word “lot” includes the words “plot” or “parcel.”
1. Accessory Building: Any improvement to the property other than the main building(s), with the exception of landscaping, is an accessory structure. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
2. Accessory Use: A use on the same lot or parcel with and customarily incidental or subordinate to the principal use on the lot.
(Ord. 99-45. Passed 7-13-99.)
3. Adult Entertainment Business: An adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, adult motel, exotic dance studio, and massage parlor as more specifically defined as follows:
a. Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panorama, peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide materials for individual viewing by patrons on the premises of the business, which are characterized by the depiction or description of “nudity” or “specified sexual activities”.
b. Adult Bookstore, Adult Novelty Store, or Adult Video Store: A commercial establishment which has a significant or substantial portion of its stock-in-trade or revenues (“substantial” meaning fifteen (15) percent or more) for any form of consideration, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of “nudity” or “specified sexual activities” or adult novelties as defined herein. It shall be a rebuttable presumption that twenty (20) percent of a business’s stock-in-trade or revenues is considered substantial.
An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing “nudity” or “specified sexual activities” and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes will not serve to exempt such establishments from being categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “nudity” or “specified sexual activities”.
c. Adult Motel: A motel, hotel, or other similar commercial establishment which offers a sleeping room for rent for a period of time less than eight hours or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than eight hours.
d. Adult Motion Picture Theater: A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of “nudity” or “specified sexual activities” are regularly shown for any form of consideration.
e. Exotic Dance Studio (also known as Topless Bar and Adult Cabaret): A nightclub, bar restaurant, or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.
f. Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, or other manipulation of the human body is offered. A massage parlor shall not include the practice of medicine by a state licensed physician, the practice of chiropractic medicine by a state licensed chiropractor, the practice of physical therapy by a state licensed therapist, or the practice of massage by a state licensed masotherapist.
(Ord. 2001-80. Passed 9-4-01.)
4. Adult Group Residential Facilities: A building or group of buildings containing dwellings where the occupancy of the dwelling is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is sixty (60) years of age or older. This does not include a development that contains convalescent or nursing facilities.
(Ord. 99-45. Passed 7-13-99.)
5. Adult Material: Books, magazines, videos, or other pictorial depiction of “nudity” or “specified sexual activities”. (Ord. 2001-81. Passed 9-4-01.)
6. Agriculture: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
7. Alley: See Thoroughfare.
8. Alterations, Structural: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
9. Amusement Arcade: A place of business within a building or outdoor structure or any part of a building having more than five (5) mechanical or electronically operated amusement devices which are used for the purpose of public entertainment through the operation, use, or play of any table game or device commonly used as an electronic game which is operated by placing therein any coin, plate, disc, slug, key, or token of value by payment of a fee.
10. Automotive Repair: The repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
11. Automotive, Mobile Home, Travel Trailer, and Farm Implement Sales: The sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements but not including repair work except incidental warranty repair of same to be displayed and sold on the premises.
12. Automotive Wrecking: The dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
13. Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one hundred- (100) year flood.
14. Basement: A story all or partly underground but having at least one-half (½) of its height below the average level of the adjoining ground.
15. Bed and Breakfast Operation: An owner-occupied dwelling unit that contains no more than three (3) guest rooms where lodging, with or without meals, is provided for compensation.
16. Bottomless: Less than full opaque covering of male or female genitals, pubic area, or buttocks. (Ord. 99-45. Passed 7-13-99.)
16a. Brewery: An establishment where beer, wine, spirituous liquor, or other alcoholic beverage is manufactured on the premises for distribution, retail or wholesale, on or off- premise, at a production ratio of more than 15,000 barrels per year. The development may include other uses such as tasting room, taproom, table service restaurant or retail space for products produced on site and for the sale of ancillary products to customers.
16b. Brewpub: An establishment where the majority of beer, wine, spirituous liquor, or other alcoholic beverages is manufactured onsite for mainly on-premise consumption or is either hand bottled or individually capped in sealed containers to be sold directly to the customer. The development may include other uses such as tasting room, taproom, table service restaurant or retail space for products produced on site and for the sale of ancillary products to customers. Where allowed by law, brewpubs often sell beer “to go” and/or distribute to off-site accounts. (Ord. 2018-036. Passed 12-18-18.)
17. Buffer Area: (See also Screening.) A landscaped area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.
18. Building: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, possessions, or property.
19. (EDITOR'S NOTE: Former subsection 19 was repealed by Ordinance 2001-78, passed September 4, 2001.)
20. Building, Height: The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the height between eaves and ridge for gable, hip, and gambrel roofs.
21. Building Line: See Setback Line.
22. Building, Principal: For any given lot or property, the building in which the principal use of the lot is conducted.
23. Business, Convenience: Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores, if less than ten thousand square feet (10,000 sf.) in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.
24. Business, General: Commercial uses which generally require locations on or near major thoroughfares and/or their intersection and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets, stores that sell hardware, apparel, footwear, appliances and furniture; department stores, and discount stores.
25. Business Highway: Commercial uses which generally require locations on or near major thoroughfares and/or their intersections and which tend to serve the motoring public. Highway business uses include, but need not be limited to such activities as filling stations, truck and auto sales and service, restaurants and motels, and commercial recreation.
26. Business, Office Type: Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic, and drafting. Institutional offices of a charitable, philanthropic, religious or educational nature are also included in this classification.
27. Business, Service: Any profit-making activity which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes and businesses.
28. Business, Wholesale: Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
29. Cemetery: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
30. Center Line of Street: A line midway between the parallel to the two (2) street right-of- way or property lines.
(Ord. 99-45. Passed 7-13-99.)
31. Child Care Facility: An establishment that administers to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four- (24) hour day if over twelve (12) children are regularly cared for in a place or residence other than the child's own home. The term “child care facility” also includes nursery schools where children under the age of five (5) are receiving schooling.
32. Child Care, Home Operated: A private residence where care, supervision, and protection are provided on a regular basis to one (1) to six (6) infants, toddlers, pre-school children, and school children at any given time outside of school hours by a person who is not the parent but is a resident of the home. For the purposes of this definition, the resident children who are under six (6) years of age shall be included with the non-resident children when counting the number of children. A dwelling with a family with more than six (6) children who are all living in the dwelling unit and are related shall not be considered a home operated child care.
(Ord. 2001-79. Passed 9-4-01.)
33. Church or place of religious worship: An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
34. Clinic: A place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical and surgical attention, but does not include overnight care facilities.
35. Club: A building or portion thereof or premises which is not open to the general public; used for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of its members and their guests.
36. Commercial Entertainment Facilities: Any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.
37. Comprehensive Development Plan (Also called Comprehensive Plan): A plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of Huron County, showing the general location and extent of present and proposed physical facilities including housing, industrial, and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community. (Ord. 2002-27. Passed 4-2-02.)
37a. Computerized Sweepstakes Device: Any computer, machine, game, apparatus, or internet access device, which, upon the insertion of a coin, plate, disc, plug, key, card, token, similar object or access code and/or upon payment of a fee or anything of value whether or not a product or service is provided, operates or may be operated by the public generally for entertainment or amusement and a chance to win a sweepstakes of predetermined odds for the sweepstakes. “Computerized sweepstakes device” does not include a skill-based amusement machine as that term is defined in Ordinance No. 2010- 006 and Ohio R.C. 2915.01(AAA).
(Ord. 2011-021. Passed 5-17-11.)
38. Conditional Use: A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals. Conditional uses permitted in each district are listed in Title Nine.
39. Conditional Use Permit: A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
40. Corner lot: See Lot Types.
41. Cul-De-Sac: See Thoroughfare.
42. Dead-End Street: See Thoroughfare.
43. Density: A unit of measurement; the number of dwelling units per acre of land.
a. Gross Density. The number of dwelling units per acre of the total land to be developed (including public right-of-way).
b. Net Density. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses (excluding public right-of-way).
44. Development: Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling.
45. Dish: That part of a satellite signal-receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolical, or similar in shape.
46. Dish-type Satellite Signal-Receiving Antennas: Include earth stations or ground stations, whether functioning as part of a basic service system, direct broadcast satellite system, or multi-point distribution service system, shall mean one (1) or a combination of two (2) or more of the following:
a. A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources.
b. A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer, or transmit signals.
c. A coaxial cable whose purpose is to convey or transmit signals to a receiver.
47. Drive-up or Drive-Through: An establishment that, by design of physical facilities or by services or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or be entertained while remaining in an automobile.
48. Dwelling: A building designed or used as the living quarters for one (1) or more families. “Dwelling,” “single-family dwelling,” “two-family dwelling,” or “multiple-family dwelling” shall not be deemed to include motel, hotel, or rooming house. A dwelling may include an industrialized unit (as defined herein) and a manufactured home (as defined herein) provided it meets all of the following requirements:
a. The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.
b. The manufactured home, excluding any addition, has a width of at least twenty-two feet (22 ft.) at one point, a length of at least twenty-two feet (22 ft.) at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least nine hundred square feet (900 sq. ft.) or equal to or greater than any minimum dwelling size applicable within an applicable zoning district.
c. The manufactured home has a minium 3:12 residential roof pitch, conventional residential siding, and a six inch (6 in.) minimum eave overhang, including appropriate guttering.
d. The manufactured home was manufactured after January 1, 1995.
e. The manufactured home is not located in a manufactured home park as defined herein.
49. Dwelling, Industrialized Unit: A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site or intended use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein.
50. Dwelling, Multiple-Family: A dwelling consisting of three (3) or more dwelling units including condominiums with varying arrangements of entrances and party walls.
51. Dwelling, Rooming House (Boarding House, Lodging House, Dormitory): A dwelling or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation for three (3) or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
52. Dwelling, Single-Family: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.:
53. Dwelling, Two-Family: A dwelling consisting of two (2) dwelling units which may be either attached side-by-side or one (1) above the other and each unit having a separate entrance.
54. Dwelling Unit: Space within a dwelling, comprised of living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities; all used by only one (1) family and its household employees, and having its own means of entrance which can be distinguished from other dwellings.
55. Easement: Authorization by a property owner for the use by another and for a specified purpose of any designated part of his or her property.
56. Elderly Housing: Housing which is exclusively for persons aged 60 and older, exclusive of on-site management, which provides for a common meeting or recreation area as part of the facility, capable of seating all residents at one time.
(Ord. 2003-024. Passed 4-15-03.)
56-A. Essential Services: The erection or construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground gas, electrical, steam, or water transmission, or distribution systems; collection, communication, supply, or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes; traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or for the public health or safety or general welfare, but not including buildings.
(Ord. 2002-27. Passed 4-2-02; Ord. 2003-024. Passed 4-15-03.)
57. Existing Use: The use of a lot or structure at the time of enactment of a Zoning Ordinance.
58. Family: One (1) or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided that "family" shall not include more than four (4) persons unrelated to each other by blood, marriage, or legal adoption.
59. Farm Vacation Enterprises (Profit or Non-Profit): Farms adapted for use as vacation farms, picnicking and sports areas, fishing waters, camping, scenery, and nature recreation areas; hunting areas; hunting preserves and watershed projects.
60. Federal Emergency Management Agency (FEMA): The agency with the overall responsibility for administering the National Flood Insurance Program.
61. Fence: Any structure composed of wood, metal, stone, brick, or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers, or other vegetation when erected in such a position as to enclose, partially enclose, or divide any premises or any part of any premises shall also be considered a fence. Also may be called a wall.
62. Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas form: (1) The overflow of inland or tidal waters, and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source.
63. Flood Insurance Rate Map (FIRM): An official map of which the Federal Emergency Management Agency has delineated the areas of special flood hazards.
64. Flood Insurance Study: The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
65. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.5 foot.
66. Floor Area, Useable: The areas of all floors of a building, including basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that are used for human occupancy. The useable floor area will be measured from the exterior surfaces of the walls. Useable floor area also includes the elevator shafts and spaces used for mechanical equipment with headroom of six feet, six inches (6'6") or more. Useable floor area does not include cellars, unenclosed porches unless access is limited and an outdoor use is planned, attics not used for human occupancy, or any floor space in an accessory building or the main building designed for the parking of motor vehicles.
67. Funeral Home: A building or part thereof used for human funeral service. Such building may contain space and facilities for 1) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, funeral urns, and other related funeral supplies; and 3) the storage of funeral vehicles but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
68. Garages, Private: An accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers, and/or boats of the occupants of the premises.
69. Garage, Public: A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
70. Garage, Repair: See Service Station.
71. Grade: The average level of the finished surface of the ground adjacent to the exterior walls of a building.
72. Height of Building: The vertical distance measured from the average ground level at the sides of the building to the extreme highpoint of-the building, exclusive of chimneys and similar fixtures.
73. Home Occupation or Home Profession: An accessory use of a dwelling unit for gainful employment which a) is clearly incidental and subordinate to the use of the dwelling unit as a residence; b) is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling; c) is located in a residential district; and d) is created and operated as a sole proprietorship.
74. Hotel or Motel and Apartment Hotel: A building in which lodging or boarding and lodging are provided and offered to the public for compensation as a short-term arrangement and is separately defined from a boarding house, rooming house, lodging house, or dormitory. (Ord. 2002-27. Passed 4-2-02.)
74a. Internet Sweepstakes Café: An individual building or premises in which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such building or premises have other business purposes of any nature whatsoever.
(Ord. 2011-021. Passed 5-17-11.)
75. Junk: Old, dilapidated scrap or abandoned metal, paper, building materials, and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof.
76. Junk Buildings, Junk Shops, Junk Yards: Any land, property, structure, building, or combination of the same on which junk is stored or processed.
77. Kennel: Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, or sold.
78. Loading Space, Off-Street: Space logically and conveniently located for bulk pickups and deliveries and accessible to such vehicles when required off-street parking spaces are filled.
79. Location Map: See Vicinity Map.
80. Lot: A parcel of land occupied or intended to be occupied by one (1) or more dwellings in a residential district or a permitted building or use in a commercial or industrial district; intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incident thereto. A lot includes open spaces and minimum area provisions as are required by this Ordinance for the district in which the lot is situated.
81. Lot Coverage: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
82. Lot Frontage: The frontage of a lot shall be platted and be construed to be the portion nearest the street and must be continuous along the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under “Yards” in this section.
(Ord. 2002-27. Passed 4-2-02.)
83. Lot, Minimum Area of: The area of a lot exclusive of any portion of the right-of-way of any public or private street.
84. Lot Measurements: Lot measurements are defined as follows:
a. Depth: The average horizontal distance between the front and rear lot lines.
b. Width: The distance between the lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
85. Lot of Record: A lot which is part of a subdivision recorded in the office of the County Recorder or a lot or parcel described by metes and bounds, the description of which has been recorded.
86. Lot Types: Terminology used in this Ordinance with reference to corner lots, interior lots, and through lots is as follows:
a. Corner Lot: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135°).
b. Interior Lot: A lot with only one (1) frontage on a street.
c. Through Lot: A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.
d. Reversed Frontage: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
87. Major Thoroughfare Plan: The portion of Comprehensive Plan adopted by the Planning Commission indicating the general location of recommended arterial, collector, and local thoroughfares within the appropriate jurisdiction.
88. Maintenance and Storage Facilities: Land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
89. Manufactured Home Park: Any tract of land upon which two (2) or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and include any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. A tract of land which is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a manufactured home park even though three (3) or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. "Manufactured Home Park" does not include any tract of land used solely for the storage or display for sale of manufactured homes.
90. Manufactured Home: A building unit or assembly of closed construction fabricated in an off-site facility, that conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the “Manufactured Housing Construction and Safety Standards Act of 1974,” and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards.
90a. Microbrewery: An establishment where beer, wine, spirituous liquor, or other alcoholic beverages is manufactured on the premises for distribution, retail or wholesale, on or off- premise. The brewery may produce up to 15,000 barrels per year of beer, wine, spirituous liquor, or other alcoholic beverages annually. The development may include other uses such as tasting room, taproom, table service restaurant or retail space for products produced on site and for the sale of ancillary products to customers.
(Ord. 2018-036. Passed 12-18-18.)
91. Mobile Home: A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 body feet in length or, when erected on site, is 320 or more square feet, that is built on a permanent chassis and is transportable in one or more sections, and does not qualify as a manufactured home or industrialized unit as defined by SB 142.
92. Non-conformities: A building, structure, or use of land existing at the time of enactment of this Ordinance and which does not conform to the regulations of the district or zone in which it is situated.
(Ord. 99-45. Passed 7-13-99.)
93. Nude or Nudity:
a. Less than completely and opaquely covered or in such attire, costume or clothing as to expose to view male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae, or
b. Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae.
(Ord. 2001-82. Passed 9-4-01.)
94. Nursing Home: A home or facility for the care and treatment of three (3) or more persons who are living on the premises that are infirmed and not normally capable of leaving the premises without assistance from caregivers who are in attendance at the nursing home at all times.
95. Occupancy Permit or Certificate of Occupancy: A document issued by the Zoning Inspector allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable regulations contained herein in this Zoning Ordinance.
96. Oil well: Any well or hole already drilled, being drilled, or to be drilled into the surface of the earth which is used or intended to be used in connection with coring ,or the drilling for, prospecting for or producing of petroleum, natural gas, or other hydrocarbon substances; or which is used or intended to be used for the subsurface injection into the earth of oil field waste, gases, water, or liquid substances.
97. Open Space: An area substantially open to the sky which may be on the same lot with a building. The area may include along with the natural environmental features, water areas, swimming pools, and tennis courts, and other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, and buildings are not included as open space.
98. Parking Space, Off-Street: For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
99. Performance Bond or Surety Bond: An agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
100. Planned Unit Development (PUD): A PUD is a type of development in which an area of land, usually under the control of a single landowner, is to be developed for different types of dwelling units (single-family detached residences, duplexes, townhouses, garden apartments), and commercial, industrial, and other uses, such as schools and churches. In a PUD, lot size, setback, bulk, lot coverage, parking, and other development standards are relaxed in order to achieve better site design, use relationships, and preservation of open spaces and natural topography.
101. Plant Nursery: Land, building, structure, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping.
102. Public Uses: Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
103. Public Way: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
104. Quasi-Public Use: Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
105. Professional Office Uses: These uses deliver professional tangible and intangible services to the general public and are associated with normally recognized professions most of which are regulated, licensed, or certified by the State of Ohio.
106. Receiver: The apparatus whose purpose is to obtain a signal from a cable or other like source and transform it to a television signal.
107. Recreation Camp: An area of land on which two (2) or more recreational vehicles, tents, or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
108. Recreational Facilities: Commercial or non-commercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, gaming clubs, riding clubs, tennis courts, swimming pools, and indoor recreational facilities in which all activities are conducted indoors. This definition could also include a combination of indoor and outdoor recreational services.
109. Recreational Vehicle: A vehicular-type portable structure without permanent foundation which can be towed, hauled, or driven and designed as temporary living accommodation for recreational, camping, and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.
110. Research Activities: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering where all research, testing, and development is carried on within entirely enclosed buildings and no noise, smoke, glare, vibration, or odor is detected outside the building.
111. Restaurant: A retail establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms, and outdoor cafes.
112. Restaurant, Drive-In or Drive-Through: A retail establishment that delivers prepared food and/or beverages to customers in motor vehicles or at a drive-through window; regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles; for consumption either on or off the premises.
113. Restaurant, Fast Food: A establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried, or griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrapping or containers.
114. Retail Stores Uses: A business use primarily engaged in selling merchandise for personal and household consumption and rendering services clearly incidental to the sale of such goods.
115. Right-of-Way: A strip of land dedicated for use as a public way and may include but is not limited to curbs, lawn strips, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
116. Satellite Dish: See Dish.
117. School: A facility that provides a curriculum of elementary and secondary academic instruction including kindergartens, elementary schools, junior high schools, and high schools.
118. Screening: The method by which a view of one (1) site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
119. Service Station: Buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed. Also called Gas Station.
120. Setback Line: A line established by the Zoning Ordinance generally parallel with and measured from the lot line, defining the limits of a yard in which no building other than accessory buildings or structure may be located above ground, except as may be provided in said code.
121. Sewers, Central or Group: An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
122. Sewers, On-Site: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
123. Sexual Activity: Sexual conduct or sexual contact, or both.
124. Sexual Contact: Any touching of an erogenous zone of another, including without limitation to the thigh, genitals, buttocks, pubic region, or if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
125. Sexual Excitement: The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
126. Sign: Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
127. Sign, Illuminated: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
128. Sign, Lighting Device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
129. Sign, Off-Premises: Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
130. Sign, On-Premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises which such sign is located.
131. Sign, Projecting: Any sign which projects from the exterior of a building.
132. Site Plan: A plan prepared to scale showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. (Ord. 99-45. Passed 7-13-99.)
132a Skill-based Amusement Machine Business: Any business or establishment the primary purpose of which is operating or offering for operation four (4) or more “skill-based amusement machines” as that term is defined in Ohio R.C. 2915.01(AAA).
(Ord. 10-006. Passed 3-16-10.)
132b Specified Sexual Activities:
a. The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, anus, or female breasts of oneself or of one person by another; or
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or
c. Masturbation, actual or simulated; or
d. Human genitals in a state of sexual stimulation, arousal, or tumescence, or visual state of sexual stimulation, arousal, or tumescence, even if completely and opaquely covered; or
e. Excretory functions as part of, or in connection with, any of the activities set forth in subdivisions a. through d. of this subsection.
(Ord. 2001-83. Passed 9-4-01; Ord. 10-006. Passed 3-16-10.)
133. Story: That part of a building between the surface of a floor and the ceiling immediately above.
134. Street: See Thoroughfare.
135. Street Line: A street line is the right-of-way line or the established property line of a street as indicated by dedication or by deed of record.
136. Structure: Anything constructed or erected, either permanent or portable, the use of which requires location on the ground or attachment of something having a fixed location on the ground. Structures include but are not limited to buildings, manufactured homes, walls, fences, parking lots, and billboards.
137. Supply Yards: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
138. Swimming Pool: A pool, pond, lake, or open tank having a span of at least six feet (6') and intended for human recreational use and maintained by the owner or manager. Farm ponds and pools, ponds, or lakes developed as landscape design features, where swimming is not intended and does not occur, shall be excluded.
a. Private Pool: Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multiple-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
b. Community Pool: Operated with or without a charge for admission, and is open to the general public for recreational use.
139. Thoroughfare, Street or Road: The full width between property lines and binding every public way with a part thereof to be used for vehicular traffic. All thoroughfares, streets, or roads are designated as follows:
a. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
b. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
c. Collector Street: A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
d. Cul-de-Sac: A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround.
e. Dead-End Street: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
f. Local Street: A street primarily for providing access to residential or other abutting property.
g. Loop Street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred eighty degrees (180°) system of turns are not more than one thousand feet (1,000') from said arterial or collector street, nor normally more than six hundred feet (600') from each other.
(Ord. 99-45. Passed 7-13-99.)
h. Marginal Access Street: A street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.)
(Ord. 2001-84. Passed 9-4-01.)
140. Through Lot: See Lot Types.
141. Topless: The showing of female breasts with less than a full opaque covering of any portion, thereof, below the top of the nipple.
142. Use: The specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
143. Variance: A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
144. Veterinary Animal Hospital or Clinic: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation, and/or recuperation. It may also include boarding that is incidental to the primary activity.
145. Vicinity Map: A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
146. Walkway: A public way for pedestrian use only, whether along the side of a road or not.
147. Wall: See Fence.
148. Wholesaling and Storage Uses: Uses associated with transporting, storing, handling, or selling merchandise primarily to retailers, industrial, institutional, or professional uses or to other wholesalers or acting as agents in buying merchandise for such persons to organizations.
149. Wireless Telecommunications Equipment Shelter: A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
150. Wireless Telecommunications Facility: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
151. 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.
152. Yard: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
a. Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the setback line.
b. Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the main building.
c. Yard, Side: A yard extending from the main building to the side lot line on both sides of the main building between the lines establishing the front and rear yards.
d. Yard Requirement: The open space between a lot line and the building area within which no structure shall be located except as provided in the Zoning Ordinance.
153. Zero Lot Line Development: An arrangement of housing on adjoining lots in which one (1) required side yard is reduced to zero.
154. Zoning Map: The Official Zoning Map of the City of Norwalk which is part of this Zoning Ordinance and delineate the boundaries of zoned districts.
155. Zoning Inspector: The person designated by the Mayor to administer the Zoning Ordinance and issue Zoning Permits.
156. Zoning Permit: A document signed by the Zoning Inspector, as required in the Zoning Ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building which acknowledges that such use, structure, or building complies with the provisions of the City Zoning Ordinance.
CODIFIED ORDINANCES OF NORWALK