Orange City Zoning Code
TITLE FIVE
Zoning
CHAPTER 1153 U-3A Continuing Care Retirement Community District (Repealed)
1140.01 INTERPRETATION; APPLICATION; CONFLICTS OF LAWS.
(a) In its interpretation and application, this Zoning Code shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Zoning Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing on April 14, 1942, shall not be diminished below the lot or yard areas required by this Zoning Code for buildings hereafter erected, and such areas for buildings existing on April 14, 1942, shall not be included as a part of the required areas of any building hereafter erected.
(b) This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provision of a law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the use of buildings or premises, nor shall this Zoning Code interfere with, abrogate or annul any easement, covenant or other agreement between parties. However, where this Zoning Code imposes a greater restriction on the use of buildings or premises or on the height of buildings or requires larger yards than are imposed or required by such existing provision of a law or ordinance or by such rule or regulation or by such easement, covenant or agreement, this Zoning Code shall control.
(Ord. 1998-73. Passed 10-14-98.)
1140.02 PURPOSES.
Council finds it necessary and in the interest of the promotion of the public health, safety, convenience, comfort, prosperity and general welfare to regulate, restrict and limit the location of buildings and other structures and of premises to be used for trade, residence or other specified uses; the height of buildings and other structures hereafter erected or altered; the bulk and location of buildings and other structures erected or altered; the percentage of lot occupancy; setback building lines; and the areas of yards, courts and other open spaces. For such purposes, the Municipality is hereby divided into districts. Council further finds that the districts hereinafter established are best suited to carry out the aforementioned purposes.
(Ord. 1998-73. Passed 10-14-98.)
1140.03 SEPARABILITY
The sections or subsections, districts and building lines forming part of or established by this Zoning Code, and the several parts, provisions and regulations of this Zoning Code, are hereby declared to be independent sections, subsections, districts, building lines, parts, provisions and regulations. The holding of any section, subsection, district, building line, part, provision or regulation of this Zoning Code to be unconstitutional, void or ineffective for any cause shall not affect or render invalid any section, subsection, district, building line, part, provision or regulation of this Zoning Code.
(Ord. 1998-73. Passed 10-14-98.)
1140.04 RULES OF CONSTRUCTION.
(a) Common and Technical Usage. Words and phrases as used in this Zoning Code shall be defined as provided in the Second College Edition of Webster's New World Dictionary, except for those as may be otherwise specifically defined herein, and except for those words and phrases which have acquired a technical or particular meaning, whether by legislative definition or otherwise, and which shall be construed accordingly.
(b) Singular and Plural; Gender; Tense. As used in this Zoning Code, unless the context otherwise requires:
(1) The singular includes the plural, and the plural includes the singular.
(2) Words in one gender include the other genders.
(3) Words in the present tense include the future.
(c) Shall, May and Should. The word "shall" is a mandatory requirement; the word "may" is a permissive requirement; and the word "should" is a preferred requirement.
(d) Lot. The word "lot" includes the words "plot" or "parcel".
(e) Person. The word "person" includes an individual, corporation, company, firm, organization, business trust, trust, estate, partnership, association or any other legal entity.
(f) Owner. "Owner", when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
(g) Tenant or Occupant. "Tenant" or "occupant" as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
(h) Premises. "Premises", as applied to property, includes land and buildings.
(i) Used or Occupied. The words "used" or "occupied" includes the words intended, designed or arranged to be used or occupied.
(j) “Responsible Party”, when applied to property, includes any Owner, property manager, lessee, Tenant, Occupant or contractor, who has been retained to provide services to the premises. (Ord. 1998-73. Passed 10-14-98; Ord. 2025-8. Passed 5-14-25.)
1140.05 SPECIFIC MEANINGS OF WORDS OR PHRASES.
As used in this Zoning Code, certain words or phrases shall have the following meanings:
(1) "Accessory building" means a detached subordinate building which is clearly incidental to and customary in connection with the main building or use, and which is located on the same lot with such main building or use.
(2) "Accessory parking space" means an open or enclosed area accessible from a street for the parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Except for one-family dwellings, each such space shall be not less than nine (9) feet wide and twenty (20) feet long, exclusive of all drives and turning spaces and determined from an accurate plan of the area.
(3) "Accessory use" means a use which is permitted in a district by this Zoning Code, and which is subordinate and clearly incidental to and customary in connection with the main use, and which is located on the same lot with such main use.
(4) "Addition" means any construction which increases the size of a building, structure or facility in terms of site coverage, height, length, width or gross floor area, such as a porch, attached garage or carport, or a new room or wing.
(5) "Alteration" means any change in use or type of occupancy, or any addition to a building, structure or facility, or any rearrangement or moving of any building area from one (1) location to another.
(6) “Attached single-family dwelling” means a building containing more than one dwelling unit, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses and duplexes.
(7) "Automobile service stations" means any building or premises used for the retail sale of motor vehicle fuels, oils, parts and/or accessories for servicing or lubricating motor vehicles; for installing or repairing parts and accessories; washing and polishing vehicles; the provision of rest rooms; the sales, distribution and dispensing of tobacco products, newspapers, magazines, health and beauty aids, and food items, packaged food items, drink items or packaged drink items other than from food or drink vending machines, located entirely within the building; and one vending machine for dispensing cold drinks may be placed within five feet of the exterior of the building. Automobile service stations do not permit or include: the rental or leasing of trucks and trailers; the performance of body work; straightening of body parts, painting, welding and frame repair; storage of vehicles not in operating condition or other work involving noise, glare, fumes, smoke nor other characteristics to an extent greater than normally found in automobile service stations.
(8) "Basement" means that part of a building having at least one-half (1/2) of its height below the average finished grade elevation.
(9) “Building” means any structure used for the support, enclosure, shelter, or protection of persons, animals, chattels or property, but excluding any tent or air supported structure.
(Ord. 1998-73. Passed 10-14-98.)
(Ord. 1998-73. Passed 10-14-98.)
(10) “Building height" or "height" for a main building, means the vertical distance measured from the elevation of the average finished grade to the highest point of the roof, excluding the chimney. For any accessory building or structure, unless otherwise provided in this code, the height shall be measured from the approved finished grade, the lawful nonconforming grade or the natural grade, as may be applicable under the circumstances. The Village Architect shall determine the building height or height of any proposed building or structure.
(Ord. 2007-17. Passed 8-8-07.)
(Ord. 2007-17. Passed 8-8-07.)
(11) “Building line” means the line indicating the minimum horizontal distance between the street line and building or any covered porch extending in front of the main foundation wall, not including steps.
(12) “Church” or “house of worship” means a building whose principal use is the conduct of religious services.
(13) "Community center" means a structure used for and providing recreational programs, and social, fraternal or other general functions, which is open to all Village residents and is intended to accommodate and service significant segments of the community.
(14) “Detached single-family dwelling” means a residential building containing only one dwelling unit entirely surrounded by open space on the same lot.
(15) "Dwelling” means any building, except a manufactured home as defined in Ohio R.C. 4501.01(O), which is occupied exclusively for residential purposes.
A. "Industrialized unit" means an assembly of materials or products as approved by the Ohio Board of Building Standards, comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient, and when installed constitutes the structure or part of a structure, except for preparation of its placement, but excluding a manufactured home as defined in Ohio R.C. 4501.01(O).
(16) "Dwelling unit" means a group of rooms for living, dining and sleeping with attendant cooking, bathing and toilet facilities, which are occupied and used exclusively by a single family or an individual.
(17) "Family" means one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit, provided that unless all members are related by blood, marriage, adoption or guardianship, no such family shall contain over four (4) persons. Domestic servants employed on the premises may be housed on the premises without being counted as part of the family.
(18) "Fence" means a constructed barrier of any material or materials planted or erected to enclose, screen, divide, or decorate areas of land. "Fence" includes walls, hedges, shrubs, trellises or other structures supporting vegetation, and earth berms meeting this definition.
(19) "Floor area" means the total area of all the floors measured from the exterior faces of the building, excluding storage and utility areas as determined by the Planning and Zoning Commission.
(Ord. 1998-73. Passed 10-14-98.)
(Ord. 1998-73. Passed 10-14-98.)
(20) “Grade” means the elevation of the ground surface, as determined by the Village Engineer,and maybe further defined as follows:
A. “Approved finished grade” means the elevations of the surface of the ground on an improved parcel of property, after final grading and normal settlement, as authorized by the Village Engineer pursuant to Section 1379.02 of the Orange Village Codified Ordinances.
B. "Average finished grade" means the mean elevation of the land measured at the front line of the main building after grading and landscaping; under circumstances which are unique to a particular lot, where the mean elevation of the land measured at the front line of the main building results in an inappropriate design, the Planning and Zoning Commission may reasonably establish another elevation as the “average finished grade.”
C. “Lawful nonconforming grade” means the elevations of a developed parcel of property, which elevations were established before the formal approval of the Village was required.
D. “Natural grade” means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill activities.
(Ord. 2007-17. Passed 8-8-07.)
(21) "Hotel" means every building used as a place where sleeping accommodations are offered for compensation to transient guests, in which five (5) or more rooms are used for the accommodation of such guests, such sleeping accommodations being conducted in the same building or in buildings connected therewith, including rooms for dining, entertainment, exhibitions, and convention or sales activities as well as personal services for guests. For purposes of this section, “transient” shall mean no guest’s stay at the hotel shall exceed one hundred twenty (120) days, unless it is established that the guest is domiciled at a location other than the hotel. Conclusive evidence that a guest is not transient shall be the guest’s registration to vote at the hotel address or the guest’s child or children attending school or schools in the Orange School District without having another residence in the Orange School District. Cooking facilities are not permitted in hotel rooms. For purposes of this section “cooking facilities” shall mean stoves, ovens, hotplates, or any other instrument customarily used to cook or heat food.
(Ord. 2017-30. Passed 10-4-17.)
(22) "Landscaped area" means the percentage of that part of a lot which is not covered by buildings or occupied by a parking area, driveway or other permitted accessory use.
(23) “Livable floor area” means the total area of all the floors measured from the exterior faces of the building and can include areas in basements and attics used for human occupancy, but otherwise excludes the basement or cellar, attic, unenclosed porch, garages, or accessory storage structures.
(24) “Lot” means a parcel of land occupied or intended to be occupied by a main building or use of by a group of buildings, together with accessory buildings and uses and open spaces. Lots shall have frontage on an improved public street or on an approved private street.
A. "Lot area" means the area of a lot exclusive of a public or private right of way.
B. "Lot coverage" means 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.
C. "Lot frontage" means the portion of a lot which abuts a public right-of-way or approved private street. For the purposes 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.
D. "Lot width" means the minimum horizontal distance of a lot measured along the building line.
E. “Lot depth” means the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
F. "Lot of record" means 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 so recorded.
G. Lot types. Lot types are as follows:
1. "Corner lot" means 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 points of the side lot lines to the foremost points of the lot meet at an interior angle of less than one hundred thirty five (135) degrees.
2. "Interior lot" means a lot with only one frontage on a street.
3. "Through lot" means 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.
H. "Lot lines" means the lines bounding a lot as defined herein:
1. Front lot line: In the case of an interior lot, it is that line separating the lot from the street. In the case of a corner lot, or double frontage lot, it is that line separating the lot from either street.
2. Rear lot line: That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.
3. Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
(Ord. 1998-73. Passed 10-14-98.)
(25) "Motel" means any building, whether attached or detached, containing sleeping accommodations which are offered for compensation to transient guests, with accessory parking. For purposes of this section, “transient” shall mean no guest’s stay shall exceed one hundred twenty (120) days, unless it is established that the guest is domiciled at a location other than the motel. Conclusive evidence that a guest is not transient shall be the guest’s registration to vote at the motel address or the guest’s child or children attending school or schools in the Orange School District without having another residence in the Orange School District. Cooking facilities are not permitted in motel rooms. For purposes of this section “cooking facilities” shall means stoves, ovens, hotplates, or any other instrument customarily used to cook or heat food.
(Ord. 2017-30. Passed 10-4-17.)
(26) "Nonconforming lot, building, structure or use" means any lot, building, structure or use of land lawfully existing at the time of enactment of this Zoning Code or any amendment thereto, and which does not conform to the regulations of the district or zone in which it is located.
(27) “Open fence” means a fence which the surface area of every segment contains at least 75% open spaces and no more than 25% solid materials.
(28) "Parking space" means an open or enclosed area for the parking of automobiles directly accessible to an aisle or private drive.
(29) "Restaurants and Eating Places" means an establishment where food is sold and consumed in a wholly enclosed building, except incidental use of an attached patio shall be limited to fifty percent (50%) of the inside seating.
(30) "Seat" means the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be assumed at thirty (30) inches on center.
(31) “Senior Extended Care Facility” means any one of the following:
A. an “assisted living facility” as defined in Ohio Revised Code section 3726.01;
B. an “adult care facility” as defined in O.R.C. section 3722.01; or
C. a “residential care facility, nursing or rest home” as defined in O.R.C. section 3721.01;
provided that any such senior extended care facility shall contain a minimum of 600 square feet of floor area in each living unit and shall not exceed a maximum density of four (4) living units per gross acre of land area.
(32) “Setback” means the required minimum horizontal distance between the building and the related front, side, or rear property line.
(33) "Street line" means the dividing line between a street and a lot.
(34) "Structure” means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards, towers, flagpoles, signs, backstops and pergolas.
(35) "Yard" means an open space on the same lot with a building, which is unoccupied and unobstructed by any portion of the building from the ground upward, except as may otherwise be provided in this Zoning Code.
A. "Front yard" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front building line of the main building.
B. "Rear yard" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear building line of the main building.
C. "Side yard" means 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.
(Ord. 1998-73. Passed 10-14-98.)
1142.01 ENFORCEMENT; AUTHORITY OF BUILDING COMMISSIONER.
This Zoning Code shall be enforced by the Building Commissioner or his designee, acting at the direction of the Building Commissioner. The person charged with the enforcement of this Code shall be deemed to be the “Zoning Inspector” of the Village.
(Ord. 2001-1. Passed 2-7-01.)
1142.02 ZONING BOARD OF APPEALS.
(EDITOR’S NOTE: Former Section 1142.02 was repealed by implication by the adoption of the Orange Village Charter on November 6, 1984, which eliminated the Board of Zoning Appeals.)
1142.03 BOARD OF BUILDING APPEALS.
The Planning Commission shall act as the Board of Building Appeals and shall have the authority to hire experts to advise it regarding any problem presented to it.
1142.04 LIMITATIONS ON VARIANCES.
(EDITOR’S NOTE: Former Section 1142.04 was repealed by implication by the adoption of the Orange Village Charter on November 6, 1984, which eliminated the Board of Zoning Appeals and authorized Council to grant variances.)
1142.05 REZONING AND VARIANCE FEES; DEPOSITS.
When filing an application for rezoning and/or a variance, the applicant shall pay to the Treasurer the fee set forth in the schedule established by Council pursuant to Section 1327.01 of the Codified Ordinances. In addition to such fee, the applicant shall deposit with the Treasurer such an amount as established by Council pursuant to Section 1327.01 of the Codified Ordinances to cover the estimated cost of advertising the legal description of the property involved, and such engineering, legal, planning and other professional costs as are incurred by the Village. If the actual costs to the Village of processing the variance request are less than the deposit, the Village shall refund the unused deposit. If the actual costs to the Village of processing the variance request exceed the amount deposited, an invoice shall be submitted to the applicant for payment of the
difference. (Ord. 2016-12. Passed 6-1-16.)
1142.06 ADMINISTRATIVE POWERS; RULES AND PROCEDURE.
(a) Authority. Pursuant to Article III, Section 9(C) of the Orange Village Charter, Council may grant variances, special use permits and make findings declaring that uses are similar, harmonious and compatible with other permitted uses in the Planning and Zoning Code, after public hearing, where there are practical difficulties or substantial and unreasonable hardship in carrying out the spirit and intent of the Code, and in order to protect the general purposes of the Zoning Code so the public health, safety and general welfare may be secured and substantial justice done.
(b) Procedure. The procedures for considering a variance or other administrative relief to the zoning code, shall be as follows:
(1) Upon the filing of an application with the Building Department, which must be accompanied by the appropriate fees and deposits required under Chapter 1327 of the Building Code, the Building Department shall:
A. Place the request for administrative relief on the agenda for the next Planning and Zoning Commission meeting next occurring no less than fourteen (14) days after receipt of the application, fees and deposits.
B. No later than ten (10) days before the Planning and Zoning Commission meeting at which the matter is to be first considered, the Secretary of the Planning and Zoning Commission shall mail notice of the variance request to the neighbors of the applicant. For purposes of this section, "neighbors" means the owners of property abutting or directly across the street from the property that is the subject of the request for administrative relief. The addresses of such owners shall be obtained from the addresses appearing on the Cuyahoga County GIS, currently known as "Cuyahoga County, Ohio MyPlace". The failure to mail notices to owners whose names do not appear on such lists, as well as the failure of delivery of such notice, shall not invalidate any variance granted hereunder. The mailed notification shall set forth the time and place of the first Planning and Zoning Commission meeting where the matter will be on the agenda and a summary description of the requested administrative relief.
(2) The Planning and Zoning Commission shall take evidence and sworn testimony from proponents and opponents (if any) of the requested administrative action and shall recommend to Council an appropriate disposition of the action. The Commission shall allow the cross-examination of all witnesses and shall allow all proponents and opponents (if any) to present their cases in full. The Planning and Zoning Commission meeting shall be recorded, and the recording of the meeting may be transcribed by a professional court reporter at the request of any party and such transcription shall be the official transcript of the hearing.
(3) After the Planning and Zoning Commission makes its recommendation to the Village Council, the Clerk of Council shall schedule a public hearing regarding the requested administrative relief. Notice of the hearing shall be given by the Clerk by publication on the Village's website of the date and time of the public hearing, which notice shall be posted not less than seven (7) days prior to the hearing.
(4) The Law Director shall submit a draft of a Final Order and Decision of Council with Conclusions of Fact ("Final Order") to the Village Council not later then five (5) days prior to the public hearing. The draft Final Order shall be based upon the recommendation of the Planning and Zoning Commission. Given the possibility of litigation on any request for administrative action, the Final Order shall be subject to the attorney-client privilege and shall not be a public record until Council votes on the document.
(5) Council shall hold a public hearing, where any interested party may speak for or against the proposed administrative relief. The record of the matter shall consist of the evidence and testimony submitted to the Planning & Zoning Commission and the arguments presented to Council. After the public hearing the Village Council may take any of the following actions:
A. Vote on the Final Order as recommended by the Planning and Zoning Commission.
B. Remand the matter to the Planning and Zoning Commission so it may reconsider its recommendation upon such further evidence and testimony that may be submitted. The Commission shall follow the same procedure as is required for the initial hearing of the matter.
C. Meet with the Law Director in executive session to discuss prospective litigation so that revisions to the Final Order may be considered in a manner which preserves the attorney-client privilege.
(6) Any recommendation by Planning and Zoning Commission to disapprove the requested administrative relief shall require a vote of five (5) members of Council for approval.
(c) Standard of Review: Variance. A variance may be granted where the literal application of the provisions of this Zoning Code would result in practical difficulties or hardship in the reasonable use of a property, and such difficulties or hardship are not necessary to advance any purpose of this zoning code. Such difficulties should be peculiar to the property in question, making it distinct from the general difficulties of other properties in the district, provided that all similarly situated properties shall be treated the same. Factors to be considered and weighed in determining whether a property owner seeking a variance has encountered such practical difficulties or an unnecessary hardship in the use of the subject property may include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is a substantial deviance from the use or area requirements;
(3) Whether the character of a particular neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of government services, including, but not limited to, water, sewer, and garbage;
(5) Whether the property was purchased with knowledge of the zoning restriction;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;
(8) Whether other exceptional circumstances or conditions, which are applicable only to the property involved or to the intended use or development of the property do not apply to other property within the same zoning district, or whether there are circumstances justifying a variance on one lot, and that a variance would be justified on any lot where the same set of circumstances exist.
(d) Standard of Review: Similar Use. If a Chapter of the Zoning Code provides a standard for approving a use that is similar to a permitted use in that Chapter, that standard shall be applied. If a proposed use of a property does not fit one of the definitions of a permitted use within a zoning district, the use may be determined to be a Similar Use if it is harmonious and compatible with the other uses in the district and consistent with the purpose and intent of the district and will not, when appropriate conditions are imposed by the Council and adhered to by the property owner, adversely impact neighboring properties. Council may revoke a Similar Use permit, upon the complaint of the Building Commissioner, if it finds that the conditions that were imposed upon the property as a condition of permitting the Similar Use have not been met by the property owner.
(e) Expiration of Approval. If, after the expiration of one (1) year from the date when
Council has approved the requested relief, no substantial work has been performed in accordance with the terms and conditions for which such approval was granted, the Building Commissioner shall give a written notice to the property owner that the approval will expire in thirty (30) days. The notice from the Building Commissioner shall also advise the owner of the right to request an extension of the approval by filing a request for such extension with the Building Commissioner. If the property owner or the owner's representative files a written request for an extension of the approval with the Building Commissioner, the Planning and Zoning Commission shall consider the request and may grant an extension for up to one additional year. Only one extension may be granted by the Planning and Zoning Commission. After the expiration of the approval (including any extension thereof), the approval shall be deemed null and void, and all regulations governing the subject property shall be in effect as if no approval had ever been granted. The Building Commissioner shall advise the Clerk of Council of the expiration of the approval, and the Clerk shall enter such expiration upon the Council's records.
(f) Effect of Denial. In the event a request for administrative relief is denied, neither the Planning and Zoning Commission nor Council shall consider a request for the same, or a substantively similar variance, unless the applicant can first show that the underlying conditions which relate to the request have substantially changed since the prior request for a variance was denied. The determination of whether a request for administrative relief is substantively similar to a prior request shall be made by the Planning and Zoning Commission and its decision shall be final.
(Ord. 2018-50. Passed 2-6-19.)
1142.07 EXPIRATION OF APPROVAL.
If, after the expiration of one (1) year from the date when the Planning and Zoning Commission has granted any approval, no substantial work is done in accordance with the terms and conditions for which such approval was granted, or if the building permit for such work is expired and cannot be administratively renewed by the Building Commissioner pursuant to Section 1325.06 of the Orange Village Codified Ordinances, the approval granted by the Commission shall expire. If the property owner or the owner’s representative files a written request for an extension of the approval with the Building Commissioner not less than thirty (30) days prior to the expiration of the approval, the Planning and Zoning Commission shall consider the request and may grant an extension for up to one additional year upon a finding that no changes to the zoning code have been made since the prior approval was granted. Only one such extension may be granted by the Planning and Zoning Commission. After the expiration of the approval (including any extension thereof), the approval shall be deemed null and void, and all regulations governing the subject property shall be in effect as if no prior approval had ever been granted. The Building Commissioner shall advise the Secretary of the Planning and Zoning Commission of the expiration of such approval, and the Clerk shall enter such expiration upon the Commission’s records.
(Ord. 2019-24. Passed 11-13-19.)
1142.08 NOTIFICATION; SERVICE; COMPLAINT SUMMONS.
(a) Upon the report of a condition or perpetration in violation of this Zoning Code, the Building Commissioner shall immediately examine or cause to be examined such reported violation. If a violation exists, the Building Commissioner shall order the owner to take such action to correct the violation or initiate prosecution of the person responsible for the property.
(b) Service of Notice of Violation and/or Complaint Summons to the Responsible Party,
as defined in Section 1140.04(i) is effectively served by the Building Commissioner when the Responsible Party receives the Notice or Complaint via personal service, regular mail or certified mail with return receipt requested. If service cannot be accomplished via personal service, regular mail or certified mail with return receipt requested service shall be accomplished via the posting of the Notice of Violation or the Complaint conspicuously on the premises (e.g. the front door of the principal building). (Ord. 2025-8. Passed 5-14-25.)
1142.99 PENALTY.
The owner of any building or premises or part thereof, where anything in violation of any of the provisions of this Zoning Code is placed or exists, any architect, builder or contractor who is employed to assist in the commission of any such violation and all persons or corporations who violate or fail to comply with any of the provisions of this Zoning Code or any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall, where no other penalty is provided, be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1942-27. Passed 4-14-42.)
1143.01 INTENT.
(a) Development plan and design review is required to ensure proper design of sites for the efficient use of land; to protect adjoining properties from adverse impacts of site and structure design; and to promote high standards in the layout, design, landscaping and construction of development. It is also intended to supplement the requirements of the Subdivision Regulations and to further the purposes and provisions of this Zoning Code.
(b) The purposes of this chapter are to state the specific additional requirements applicable to the development of land in certain zoning districts and to prescribe the standards for the preparation and submission of development plans.
(Ord. 1998-34. Passed 5-13-98.)
1143.02 DEVELOPMENT PLANS REQUIRED.
(a) A development plan is required and shall be submitted prior to the issuance of a zoning/building permit for the following districts and uses:
(1) U-1 Single-Family House District (cluster residential developments, library, church, or school only);
(2) U-1A Single-Family House District;
(3) U-2 Attached Single-Family Home District;
(4) U-3 Senior Citizen District;
(5) U-4 Local Retail Business District;
(6) U-4A Motorist Services District;
(7) U-6 Office Building District;
(8) U-7 Office, Motel, and Hotel District;
(9) S-1 Special Residential District; and
(10) S-1A Special Residential, Retail, Office District.
(Ord. 2004-9. Passed 6-9-04.)
(b) No use shall be established, or construction for such use commenced until a development plan therefor has been reviewed and approved by the Planning and Zoning Commission in order to promote the safe and efficient use of land.
(Ord. 1998-34. Passed 5-13-98.)
1143.03 PRELIMINARY DEVELOPMENT PLAN REVIEW.
(a) Each applicant shall submit to the Building Commissioner six (6) copies of a preliminary development plan which shall be reviewed by the Building Commissioner, the Village Engineer, and the Planning and Zoning Commission. Submittal shall be at least ten (10) working days prior to the meeting at which the plans will be reviewed by the Commission, and shall be accompanied by a fee as established by Council.
(b) The Planning and Zoning Commission, the Building Commissioner, and the Village Engineer may make such recommendations for changes as they may deem appropriate to: ensure compliance with this Code and good planning practice; promote the orderly development of the site; and ensure harmony with adjoining properties.
(Ord. 2008-33. Passed 5-13-09.)
1143.04 PRELIMINARY PLAN REQUIREMENTS.
(a) Every preliminary development plan submitted shall contain the following information:
(1) The name of the development and the name and address of the owner(s) of all the parcels to be included in the proposed development; proof that the applicant is the owner of the property or that the applicant, through options or other means, has the authority to act as the agent for the property owner(s);
(2) A scale, north arrow and date;
(3) The location and acreage of various uses;
(4) The proposed location of buildings;
(5) The location, names, and dimensions of proposed and existing streets, easements, and drainageways;
(6) Preliminary plans for the provision of utilities;
(7) Proposed parking layout including ingress and egress; and
(b) The Commission may require the submission of additional infomation such as, but not limited to traffic impact evaluations, drainage impact evaluations, buffer plans, and line of sight evaluations which it detennines necessary in reviewing the proposed project.
(c) The Commission shall act in approving or disapproving a preliminary development plan submission not later than 120 days after its receipt by the Commission, unless the Commission extends the time for a reasonable period for good cause.
(Ord. 2024-30. Passed 1-8-25.)
1143.05 FINAL DEVELOPMENT PLAN APPROVAL.
(a) Final site plans submitted to the Commission shall be based on previously reviewed preliminary plans except where such requirement is waived by the Commission for good cause. Final plans shall be submitted at least ten (10) working days prior to the meeting at which said plans will be reviewed by the Planning and Zoning Commission. A minimum of six (6) copies shall be submitted. Submission shall include a fee as established by Council.
(Ord. 2008-33. Passed 5-13-09.)
(b) Prior to approval by the Commission, grading and surface drainage provisions and the design and construction standards of all private streets, driveways and parking areas shall be reviewed and approved by the Village Engineer. Prior to approval by the Planning and Zoning Commission, adequacy of fire protection shall also be established by review and approval of the Fire Chief.
(c) The Planning and Zoning Commission shall act on development plans presented to it within a reasonable time and the interested party shall be advised as to the decision of the Planning and Zoning Commission by letter and/or legible markings and notes on the plan. Said decision shall be final. Final approval shall be shown by the signature of the Village Mayor on the final plans. Prior to final approval of the development plan, the developer shall post any required bonds and shall present any dedication or easement plats for approval prior to recordation.
(d) Approval of a final development plan by the Planning and Zoning Commission shall expire twelve (12) months from the date of such approval unless building permits have been obtained for construction in accordance therewith. A single extension, not to exceed six (6) months, may be given by the Commission upon written request by the applicant.
(Ord. 1998-34. Passed 5-13-98.)
(e) The Planning and Zoning Commission may impose changes and attach conditions to the approval as may be reasonably required by the public health, safety and welfare. When reviewing the development plan applications, the Commission may seek expert advise or request special studies to be conducted. The cost of securing such advice or studies shall be borne by the applicant who shall deposit the estimated cost of same with the Village at the request of the Commission.
(Ord. 2006-20. Passed 5-10-06.)
(Ord. 2006-20. Passed 5-10-06.)
1143.06 FINAL DEVELOPMENT PLAN REQUIREMENTS.
(a) Development plans shall be prepared by persons professionally qualified to do such work. Final development plans shall be certified by an architect, engineer or land surveyor duly registered by the State of Ohio. Final site plans shall be prepared at an appropriate scale, but not less than one-inch equals one hundred feet (1” = 100’). Profiles must be submitted on standard plan profile sheets.
(b) Final development plans shall include the following data:
(1) The name of the development, the name of the owner or developer, north arrow, date and scale;
(2) The owners and zoning classification of adjoining parcels;
(3) A boundary survey;
(4) Existing topography and proposed finished grade with a maximum two foot (2’) contour interval;
(5) Proposed building locations;
(6) Location of all minimum setback lines;
(7) Traffic volumes expected to be generated by the development; vehicular and pedestrian circulation plans; including proposed traffic control provisions such as signage, pavement markings, and signalization.
(8) All off-street parking and parking bays, loading spaces and walkways indicating type of surfacing and showing the number of parking spaces provided and the number required;
(9) Provisions for the adequate control of erosion and sedimentation indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction;
(10) Location, type, size and height of all fencing, screening, and retaining walls;
(11) A drainage plat; including calculation for proposed storm detention facilities.
(12) All existing and proposed water facilities including all water mains, their sizes, valves and fire hydrant locations;
(13) All existing and proposed sanitary sewer facilities indicating all pipe sizes, types, grades, invert elevations, and location of manholes;
(14) The location of any proposed refuse removal pads;
(15) Location and size of all recreation and open space areas;
(16) A. A planting and landscaping plan;
(17) Architectural plans of proposed structures;
(18) For multi-family residential developments, the number, type and minimum floor area of dwelling units;
(19) A lighting plan;
(20) The location, width, size and intended purpose of all easements and rights- of-way and whether they are to be publicly or privately maintained;
(21) The following data relative to all existing and proposed streets: location, width, names, curve data, grades, and sight distances. Typical sections shall be provided for all proposed streets and drives;
(22) A description of the proposed development or operation in sufficient detail to indicate possible emission of energy or matter beyond the lot lines, with engineering plans for the handling of any excesses thereof; and
(23) An application for tree approval, as required by Section 1375.06 of the Orange Village Codified Ordinances.
(24) A copy of any property owner association documents, or similar documents, which shall include assessment authority and the responsibility for maintenance of common property and utilities;
(c) Design Standards -All development plans shall conform to the following design standards:
(1) The development plan shall show that a proper relationship will exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety on both public and private lands.
(2) All development features, including principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.
(3) The architectural design of buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, materials, line, pattern and character.
(4) Building location and placement shall be developed with consideration given to minimizing the removal of trees and changes of topography.
(5) Maximum possible visual and auditory privacy for surrounding properties and occupants shall be provided through good design and the use of proper building materials and landscaping.
(6) In large parking areas, visual relief shall be provided through the use of tree-planted and landscaped dividers, islands and walkways.
(7) Screening of parking areas and service areas from surrounding properties shall be provided through landscaping and/or ornamental walls or fences, where necessary, to promote harmony with adjacent developments.
(8) On-site traffic circulation shall be designed to make possible adequate fire and police protection.
(9) In the case of an industrial use, adequate provisions shall be made for the disposal of industrial wastes. Wastes containing poisonous, corrosive, flammable or explosive solids, liquids or gases, or oils or greases, shall not be discharged into the sanitary sewer.
(10) To secure the optimum effect of transition from a residential to a nonresidential district, the Planning and Zoning Commission shall have the power to determine the need for, and the amount of, planting materials, walls, walks or fences, or any combination of the same, on any property line of land under consideration. The plans and specifications therefore, including density and height figures for the overall site development, shall include the proposed arrangement of such plantings and structures.
(11) All utilities must be located underground.
(12) There shall be a minimum distance of 150 feet between the centerline of each access drive to the right-of-way of the nearest intersection.
(d) The Village Engineer and the Law Director shall advise the Planning and Zoning Commission regarding engineering and legal requirements to comply with all applicable engineering standards and laws.
(Ord. 2024-5. Passed 4-10-24; Ord. 2024-30. Passed 1-8-25.)
1143.07 CONFORMITY WITH DEVELOPMENT PLANS.
The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, truck loading and unloading areas, curb cuts, traffic control devices and activity areas, and the installation of landscaping, fences, and walls shall conform to the approved development plan. All improvements shall be installed at the cost of the developer and in accordance with the standards of the Village.
(Ord. 1998-34. Passed 5-13-98.)
1143.08 PERFORMANCE BONDS.
(a) A performance bond or other financial guarantee as approved by the Mayor and the Village Solicitor shall be placed on deposit with the Village to ensure that the landscaping, hard surfacing of private drives and parking areas, improvements within public rights-of-way or easements, and surface water drainage shall be installed in conformity with approved plans. Such bond or guarantee shall be in an amount equal to the cost of the construction of the improvements, based on an estimate approved by the Village Engineer, and shall be for a period not to exceed two (2) years and provide for the complete construction of the improvements within that period.
(b) The Village Engineer may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, and/or street project. The amount of said bond shall be determined by the Village Engineer based on his estimate of potential damage.
(Ord. 1998-34. Passed 5-13-98.)
1143.09 ADMINISTRATION.
(a) Upon approval of the development plan, an application for a Zoning/Building Permit may be submitted to the Zoning/Building Inspector for the construction of any building or improvement in conformity with the provisions of this Code and the duly approved Development Plan. No construction or site improvement shall be initiated until the Development Plan has been approved and a Zoning/Building Permit has been issued.
(b) Any development plan may be revised and such revisions shall be accomplished in the same manner as the original approval provided, however, that minor technical changes which do not substantially alter the original site plan may be authorized by concurring approval of the Mayor, Village Engineer and Zoning/Building Inspector. One (1) year after satisfactory completion of the required improvements, the Village shall release any remaining bonds.
(Ord. 1998-34. Passed 5-13-98.)
1144.01 SUBMISSION TO PLANNING AND ZONING COMMISSION; TIME LIMITS; DISAPPROVAL.
(EDITOR’S NOTE: Former Section 1144.01 has been deleted from the Codified Ordinances since the provisions contained therein have been superseded by Section 12 of Article Three of the Charter.)
1144.02 PUBLIC READING, HEARING AND REFERENDUM REQUIRED.
(EDITOR’S NOTE: Former Section 1144.02 has been deleted from the Codified Ordinances since the provisions contained therein have been superseded by Section 13 of Article Three of the Charter.)
1144.03 REFERENDUM PROCEDURE.
(EDITOR’S NOTE: Former Section 1144.03 has been deleted from the Codified Ordinances since the provisions contained therein have been superseded by Section 14 of Article Three of the Charter.)
1144.04 AUTHORITY OF COUNCIL.
Council may, on its own motion or at the request of an interested person, amend the regulations and/or the zoning districts provided in this Zoning Code. Every such proposed amendment shall be submitted to Council and Council shall then follow the procedure set forth in Sections 1144.01 through 1144.03.
(Ord. 1979-22. Passed 5-9-79.)
1144.05 APPLICATION FOR REZONING; DEPOSIT.
(a) An application to Council for rezoning shall contain a letter from the applicant showing the applicant’s interest in the property and its intended use, together with a plat and site plan of the area to be rezoned, showing existing and proposed aboveground and underground improvements, the proposed use of the land should rezoning be accomplished and any anticipated variances from this Zoning Code. The application shall also include a complete legal description and such other information as Council, the Planning and Zoning Commission or the Law Director may require.
(b) The applicant shall bear the cost of all expenses incurred by the Village, including the cost of any professional assistance. A deposit shall be filed at the time of application in such amount as Council establishes, which deposit shall be used for reimbursement of the Village for its expenses in processing the application and which deposit may be increased by Council or the Commission at any time.
(Ord. 1979-22. Passed 5-9-79.)
1144.06 USE DISTRICT EXCEPTIONS.
The Planning and Zoning Commission, in specific cases, after public notice and hearing and subject to such conditions and safeguards as the Commission may establish, may determine and vary the application of the use district regulations established in this Zoning Code, which action shall be confirmed by a resolution of Council before becoming effective, as follows:
(a) Permit the extension of a building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized; and
(b) Permit in a use district any use deemed by the Commission to be in general keeping with the uses authorized in such district, provided such use in such location will not, in the opinion and judgment of the Commission, substantially or permanently injure the appropriate use of the neighboring property, will not be inconsistent with the spirit and intention of this Zoning Code and will serve the public convenience and welfare.
(Ord. 1959-26. Passed 12-9-59.)
1146.01 ESTABLISHMENT OF DISTRICTS.
For the purposes of regulating and restricting the location of buildings and uses of property, the number of square feet of lot area per building or use, the width of lots, the location and size of yards and the size and height of buildings, the Municipality is hereby divided int classes of use districts, as follows: U-1 Single-Family House Districts; U-1A Single-Family Housing Districts; U-2 Attached Single-Family Home Districts; U-3 Senior Citizen Districts; U-4 Local Retail Business Districts; U-4A Motorist Services Districts; U-5 Limited Storage and Light Manufacturing Districts; U-6 Office Building Districts; S-1 Special Residential District; S-1A Special Residential, Retail, Office Districts; and Planned Mixed Use Development (PM-UD) Districts.
(Ord. 1971-15. Passed 6-2-71; Ord. 1983-54. Passed 5-16-84; Ord. 1983-55. Passed 5-16-84; Ord. 1985-35. Passed 8-14-85; Ord. 1989-23. Passed 8-9-89.)
1146.02 ZONE MAP.
The classes of use districts referred to in Section 1146.01 are shown on the Zone Map of the Municipality, which is hereby made a part of this Zoning Code.
(Ord. 1959-26. Passed 12-9-59.)
1146.03 CONFORMITY REQUIRED.
No building shall be placed or erected and no building or premises shall be used, except in conformity with the Zone Map and the provisions of this Zoning Code.
(Ord. 1959-26. Passed 12-9-59.)
1146.04 CLASSIFICATION OF USES.
For the purposes of this Zoning Code, the various uses of buildings and premises are divided into classes as set forth in the following chapters of this Zoning Code. The various uses of buildings and premises shall be limited to the uses set forth in such chapters.
(Ord. 1959-26. Passed 12-9-59.)
1148.01 PERMITTED USES.
In a U-1 Single-Family Dwelling District, no building or premises shall be used or occupied as a main building or use for other than the following uses as are regulated in this Zoning Code:
(a) Single-family dwellings;
(b) Public parks and playgrounds, libraries, community centers and Village Hall, places of worship, schools, water towers and/or reservoirs;
(c) Farms, noncommercial greenhouses, nurseries and truck gardens;
(d) Country clubs and golf courses; and
(e) Cluster residential developments.”
(Ord. 2004-9. Passed 6-9-04.)
1148.02 ACCESSORY USES.
In a U-1 District, only the following accessory uses are permitted as regulated in this Zoning Code:
(a) Private Garages. One or more attached garages which do not exceed an aggregate of 1,000 square feet. However, a larger attached garage is permitted provided:
(1) The floor area of such garage does not exceed thirty percent (30%) of the gross footprint of the dwelling; the gross footprint of the dwelling shall be calculated using the exterior perimeter of the residence;
(2) The proposed garage is subject to Final Development Plan review, pursuant to Chapter 1143, and a determination by the Planning and Zoning Commission and the Architectural Board of Review that such larger garage will be of such size, design, and location on the site as to have no material adverse impact on other properties in the Village.
(b) Home Occupation. A home workspace may be permitted in a U-1 District provided that the non-residential use is limited to an accessory use and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located, and further provided that:
(1) No window display or sign shall be used to advertise work in such occupation.
(2) No person, other than members of the family residing within the dwelling and two (2) additional person, shall engage or assist in such occupation.
(3) The residential character of the dwelling exterior or accessory building shall not be changed. No on-site storage of products, equipment or materials shall be permitted unless such products, equipment or materials are stored in a fully enclosed structure.
(4) No equipment or process shall be used which creates any dust, noise, odor, glare, vibration or electrical interference detectable to the normal senses off the lot. No electrical interference shall cause fluctuations in line voltage off the premises.
(5) The home occupation shall not attract a greater number of vehicles than can be parked in the driveway at any given time and the daily number of truck deliveries shall not be greater than generally expected in the neighborhood.
(6) No merchandise shall be sold except that which is produced or processed on the premises.
(7) Vehicles used for the Home Occupation, or other mobile equipment, shall not be parked overnight in driveways or in open yards. No such vehicle may exceed 10,000 lbs. GMVW (Gross Motor Vehicle Weight).
(8) No vehicle repair shall be permitted on any property unless performed by the owner or occupant on his or her own vehicle, or the vehicle of a member of the family of the owner or occupant of the property.
(c) Private Stables. One horse or pony may be kept for each 20,000 square feet of lot area provided the following conditions are complied with:
(1) The stable is located not less than fifty (50) feet from any lot line.
(2) The animals are confined in an acceptable fenced enclosure located not less than fifty (50) feet from any residential building.
(d) Domestic Animals. The keeping of pigs and hogs is not permitted. Fowl and other domestic animals may be raised and kept on a lot of not less than one and one-half (1-1/2) acres for the owner’s use provided the following conditions are complied with:
(1) All areas used for pasturing, grazing or exercise shall be securely fenced.
(2) All fowl and domestic animals except household pets shall be housed in a building erected and maintained for that purpose and such building shall be located not less than fifty (50) feet from any lot line.
(3) Access to ponds and natural water courses shall be prevented.
(e) Accessory Buildings. In a U-1 District, accessory buildings may be permitted in the rear yard of a residential lot in accordance with the following requirements:
(1) Maximum building area. The total area of the accessory buildings shall not exceed 1,000 square feet or one percent (1%) of the lot area, whichever is greater.
(2) Number of accessory buildings permitted.
Lot Area (Acres) | Number of Accessory Buildings |
3 or fewer acres | 2 |
over 3 acres | 3 |
(3) An accessory building shall be set back not less than twenty-five (25) feet from any side or rear property line. On a corner lot, such building shall be set back not less than sixty (60) feet from the side street right-of-way line.
(f) Spacing Between Principal and Accessory Buildings
(1) When an accessory building complies with the setbacks for the principal building, the minimum spacing between the principal and accessory building shall be seven (7) feet.
(2) When any portion of an accessory building is located so it is not in compliance with the setbacks for the principal building than the minimum spacing between the principal and accessory building shall be twenty (20) feet.
(g) Swimming Pools. Swimming pools may be located in a U-1 District as an accessory use to a dwelling. The pool and accessory buildings, structures or other equipment shall not be located in a front or side yard and shall be not less than twenty-five (25) feet from any lot line. Every swimming pool shall be enclosed by a fence at least forty-eight (48) inches in height and constructed so as to prevent uncontrolled access. At all times when a swimming pool is not in use, the gates in such fence shall be secured.
(i) Solar Energy Systems: A Solar Energy System consists of photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air or for some other permitted use; and may include battery storage systems on the property meeting requirements of Section 1148.02
(i)(6)C. Solar Energy Systems are a conditionally permitted accessory use, provided that the following standards and conditions are met:
(1) Solar panels shall be placed on the portion of roof of any residential or accessory building so that the panel or panels:
A. Are not visible from any street or sidewalk at the front of the property;
B. Do not extend beyond the edge of the roof; and
C. Are placed parallel to the plane of pitched roof (sloped in excess of 4 inches per foot) and are not more than eighteen inches (18") above the surface of the roof when measured to the top of the solar panel.
D. To provide proper system performance for low slope (pitches less than four inches per foot) and flat roofs, and then alternative heights and configurations may be considered to exceed minimum height above the roof as approved by the Planning Commission.
(2) Solar panels may only be considered in roof locations, that are not in compliance with subsection (1) above, or not in a rear yard, when the applicant has demonstrated to the satisfaction of the Planning and Zoning Commission that:
A. The alternative location is necessary to make the system economically justifiable; or
B. There are no alternative locations in compliance with subsection (1) and all alternative locations have been adequately evaluated; or
C. The proposed panel(s) and their location(s) are designed to minimize any adverse impacts to the neighborhood; and/or
D. The size and location of any structure is the minimum necessary to serve the needs of the building (s) on the property.
(3) Solar equipment (other than the panels) shall only be placed inside a building or in the rear yard.
(4) Any ground mounted solar panel systems or related equipment being proposed shall:
A. Only be located in a rear yard and in compliance with the setback requirements for accessory buildings;
B. Have an allowed height for both the solar panels and related equipment consistent with the maximum height of accessory buildings permitted within the district;
C. Comprise only the minimum area needed to provide the energy necessary to serve the property but in no case have a maximum area greater than one thousand (1,000) square feet when measured using a horizontal plane around the perimeter of the system and such area shall not be in addition to that allowed for in the maximum area allowances for accessory buildings and structures as otherwise regulated in each zoning district.
D. Be reasonably screened from view of adjacent property or a street, as determined by the Planning and Zoning Commission, by existing or proposed landscaping and/or fencing. Screening shall be shown on the plans submitted with the application.
(5) Solar panels and related equipment shall be located, oriented or screened and constructed of such material to prevent to the fullest extent practicable glare from solar panels to not be directed at any other person, building or public right of way.
(6) An application for a Solar Energy System to be reviewed by the building and fire departments shall include:
A. Complete architectural and engineering drawings, adequately scaled and dimensioned, depicting the location, installation, mounting, anchorage details, appearance on the building and details for wiring and connections, battery storage system as noted in Section C below for the proposed system.
B. The manufacturer’s specifications for the system being proposed.
C. Where Battery Storage Systems are proposed for Solar Energy Systems, they shall include, but not limited to:
i. List of equipment
ii. Location plan and site plan
iii. Ventilation
iv. Containment
v. Supporting structures for batteries and equipment
vi. Electrical system, devices and wiring
D. A description and plan of the trees and/or other vegetation that needs to be trimmed or removed from the site for evaluating the removal of such vegetation.
E. Verification that the installer has professional training, NABCEP certification and licensure as required for work requiring such by state or federal law.
(7) When locating a solar panel, it is the property owner’s responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy conversion system from obtaining a solar access easement from any person.
(8) All solar energy systems must be reviewed and approved by the Village Building Commission, Fire Inspector, Electrical Inspector and Planning Commission prior to issuance of a permit to install the system.
(9) Post a sign indicating the existence of a Solar Energy System and Battery Storage System on the premises identifying location of disconnects for electrical systems to assist Village safety forces when accessing a property or building containing solar panels in case of fire or other emergency.
(Ord. 2022-18. Passed 12-7-22.)
1148.03 LOT AREA.
No single family dwelling in a U-1 District shall be erected on a lot having an area of less than one and one-half (1-1/2) acres. However, one single-family dwelling may be erected on a lot of less than one and one-half (1-1/2) acres if such lot was separately owned on December 9, 1959, or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder on December 9, 1959, unless such subdivision was in violation of any provision of an ordinance in effect at the time of such recording.
(Ord. 2004-7. Passed 6-9-04.)
1148.04 LOT WIDTH.
No single-family dwelling in a U-1 District shall be erected on a lot having a width at the building line of less than one hundred fifty (150) feet, unless such lot was separately owned on December 9, 1959, or unless such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder on December 9, 1959.
(Ord. 2004-7. Passed 6-9-04.)
1148.05 FRONT YARD.
For every building erected or altered in a U-1 District, the front yard depth or front building setback shall be not less than one hundred (100) feet from the street right-of-way line, or the average building setback of buildings on adjoining lots.
(Ord. 2004-7. Passed 6-9-04.)
1148.06 SIDE YARDS.
For every building erected in a U-1 District, there shall be a side yard along each lot line other than a front or rear line. Each single family dwelling shall be considered a separate building and shall have side yards as prescribed in this section. The least dimension of each side yard shall be not less than fifteen (15) feet.
(Ord. 2004-7. Passed 6-9-04.)
(Ord. 2004-7. Passed 6-9-04.)
1148.07 YARDS ON CORNER LOTS.
The depth of the front yard on a corner lot shall be not less than the setback required in Section 1148.05. The width of the side yard on the side street shall be not less than one-half (1/2) the depth of the front yard required for the adjoining lot which abuts such side street but in no case shall such yard be less than fifty (50) feet from the side street right-of-way line.
(Ord. 2004-7. Passed 6-9-04.)
1148.08 REAR YARDS.
For every building erected or altered in a U-1 District, there shall be a rear yard the least dimension of which shall be not less than fifty (50) feet.
(Ord. 2004-7. Passed 6-9-04.)
(Ord. 2004-7. Passed 6-9-04.)
1148.09 DWELLING UNIT AREA; MAXIMUM BUILDING GROUND COVERAGE.
(a) The area of a dwelling unit in a U-1 District shall be the sum of the floor areas above the basement level, including those rooms having a minimum ceiling height of seven (7) feet six (6) inches and closets having a minimum ceiling height of seven (7) feet and having natural light and ventilation as required by the Building and Housing Code. Rooms above the first floor may be included in the total floor area if they are directly connected by a permanent stairs and a hall, and spaces under pitched roofs having a minimum knee wall height of four (4) feet may be included in the total area if two-thirds (2/3) of the room area has a minimum ceiling height of seven (7) feet six (6) inches. In the case of a split-level dwelling, the floor area of the lowest level shall be included in the first floor area if sixty percent (60%) of the room height is above grade. Floor area shall be measured from the exterior faces of the exterior walls. The minimum total floor area of a one-family dwelling shall be 2,200 square feet, and the minimum first floor area will be 1,400 square feet. Such floor areas shall not include the basement or garage. Notwithstanding the provisions of Section 1164.03(b), if any dwelling which is nonconforming as to its minimum floor area is damaged or destroyed to an extent of more than seventy-five percent (75%) of its replacement cost, as determined by the Building Inspector, it may be reconstructed at the same size that it existed prior to its destruction.
(b) The total building ground coverage of all structures on a U-1 property shall not exceed fifteen percent (15%). “Building ground coverage” means the horizontal area of ground covered by a building as measured by the vertical projections of the outermost wall surfaces of the building and generally expressed as square feet or a percentage of total lot area.
(Ord. 2006-46. Passed 12-13-06.)
1148.10 HEIGHT OF BUILDINGS AND TOWERS.
(a) Height of Buildings. In a U-1 District no building height shall exceed thirty-five feet (35'). The maximum height of any accessory building shall be eighteen feet (18'). A place of worship or municipal building, however, may have a building height not to exceed fifty feet (50'), if approved by the Planning and Zoning Commission.
(b) Height of Towers. Structures used for the purpose of transmitting or receiving electromagnetic signals may be erected to a height of fifty feet (50'), where located separate from the building, or fifteen feet (15') above the rooftop, if mounted on the building, provided that all such structures shall be located a distance of at least its height away from any property line.
(1) Structures erected under favor of this section shall be placed at or behind the building line of the property where located.
(2) Council hereby finds and determines that the height limitation provided in this section is fair and reasonable based upon local conditions and the requirements imposed by the Federal Communications Commission.
(Ord. 2007-17. Passed 8-8-07.)
1148.11 LANDSCAPE FEATURES, FENCES, WALLS, AND DRIVEWAYS.
Landscaping for a new residence shall not be installed until the property owner submits a landscaping plan, and the plan is approved by the Building Commissioner, who may engage the services of a landscape architect to assist in the review of the proposed plan. Installation of the landscaping, pursuant to the approved plan, shall be completed within one (1) year after the date the certificate of occupancy is issued. Landscape features, such as hedges, trees and shrubs and yard structures, such as fences, trellises and walls, may be permitted in a required yard as follows:
(a) Front Yards, Interior Lot. Open fences and hedges shall be permitted along a side and front lot line in the front yard to a height not to exceed three and one- half feet (3-1/2'). Fences and hedges of a greater height shall be permitted in the front yard along a side lot line when adjoining a nonresidential district, if approved by the Planning and Zoning Commission and Architectural Board of Review.
(b) Front Yard, Corner Lot. Landscape features on a corner lot, located within a triangle formed between points on front and side lot lines within thirty-five feet (35') from their intersection shall be maintained to a height not exceeding two and one-half feet (2-1/2').
(c) Side and Rear Yards. Fences, walls and hedges shall be permitted along a side and rear yard lot line to a height of not more than six feet (6'). All fences shall be designed and constructed in such fashion that the finished side of such fence faces to the exterior of the lot.
(1) All fences shall be treated with appropriate weather preservatives or painted and maintained in good condition.
(2) On a corner lot, fences, walls and hedges shall be set back from the side street line not less than the required front yard setback for an adjoining main building which abuts such side street.
(d) Driveways.
(1) For the purposes of this Section, "Driveway" shall mean a paved portion of a yard from the street to the house or other building which permits access to a garage or other location where cars may be parked.
(2) Driveways shall be set back not less than ten feet (10') from a side lot line, however this provision shall not apply to driveways already in place on the effective date of this section.
(3) Driveways shall not be wider than twenty feet (20'), except that drive aprons, turnarounds, parking pads, or any other paved portions of a residential property constructed to facilitate access to side or rear facing garages may be an appropriate width to permit the maneuvering of passenger vehicles entirely upon the Driveway.
(e) Front Property Line Walls and Entry Features. Property line walls and entry features shall be conditionally permitted by the Architectural Board of Review, based upon the criteria in this section.
(1) Property line walls and entry features shall relate to, and be consistent with, architectural features of structures located on the same property which are visible from the proposed wall or entry feature.
(2) Property line walls and entry feature fences shall be natural or natural appearing materials as approved by the Architectural Board of Review. These walls shall not exceed four feet (4') in height, except that their end piers may be five feet six inches (5'-6") high. A property line wall must be constructed with a foundation as approved by the Building Inspector.
(3) Decorative gates to be of appropriate material as approved by the Architectural Board of Review. Gates shall not exceed five feet six inches (5' 6") in height.
(4) Decorative elements such as lights, architectural features and sculptural pieces placed atop the pier may exceed the height limit limitation as approved by the Architecture Board of Review.
(5) Where such decorative walls and piers are set back from the front property lines by more than twenty feet (20'), the height of these elements may be increased by four inches (4") for each ten feet (10') they are set back from the property line up to a maximum of an additional sixteen (16") inches at the one hundred foot (100') building setback line, up to a maximum of six feet ten inches (6'-10").
(6) The overall combined length of property line walls and entry features to be allowed to a maximum of twenty percent (20%) of the property line frontage. The length of the combined wall and entry features shall be determined by measuring the straight line dimension from end to end of a flat elevation drawing of the wall and entry feature for each individual segment and adding segments together flanking a driveway opening. The opening is not included in the 20% allowance.
(Ord. 2020-16. Passed 11-4-20.)
1148.12 OUTDOOR LIGHTING.
All outdoor lighting including floodlights, or other lights of similar brightness shall be directed, reflected or shielded so that the brightness or glare will not create a nuisance or unreasonably interfere with an adjoining owner’s property rights. The Planning Commission may require landscaped screening or other measures to insulate the outdoor lighting from adjoining property.
(Ord. 2004-7. Passed 6-9-04.)
(Ord. 2004-7. Passed 6-9-04.)
1148.13 DEVELOPMENT PLAN REQUIREMENTS.
(a) In a U-1 District, a development plan shall be required for any planned residential development, library, civic institution, place of worship or school. The development plan shall be prepared in accordance with the standards, regulations and criteria established in this chapter and shall include the following:
(1) Topography at two-foot contour intervals of the proposed development area, including property lines, easements, street rights of way and existing structures, trees and landscape features existing thereon and a certificate, by a registered engineer or surveyor, of the gross area of the development area in acres and square feet;
(2) The location of all structures in the development area to be removed and all structures lying outside of the boundaries of the development area, located within two hundred (200) feet thereof;
(3) The number, location and arrangement of all proposed buildings;
(4) The proposed use of all land;
(5) The location and arrangement of all driveways and pedestrian accessways;
(6) The number and arrangement of all open and enclosed parking and service areas;
(7) The location of all site utilities;
(8) The location of all walls and other site features;
(9) The landscape design for the development area;
(10) The location of all refuse collection areas; and
(11) All accessory uses proposed shall be detailed, fully explained and be subject to approval by the Planning and Zoning Commission.
(12) Such other relevant information as the Planning Commission and Village Engineer may require.
(b) The development plan shall be prepared by professional persons qualified in the planning of land development, building and landscape design. The architectural and engineering service required for the preparation of the development plan shall be rendered only by licensed professional persons.
(Ord. 2004-7. Passed 6-9-04.)
(Ord. 2004-7. Passed 6-9-04.)
1148.14 CIVIC INSTITUTIONS AND PLACES OF WORSHIP.
Notwithstanding the provisions of any other section of this chapter, the following regulations shall govern the location, construction and uses of all civic institutions and places of worship established in the Village after the effective date of this section:
(a) A civic institution or place of worship in a U-1 District shall have a lot width not less than four hundred (400) feet at the building line.
(b) The front building and parking set back for a civic institution or place of worship shall not be less than one hundred (100) feet.
(c) The minimum side building set back for a civic institution or place of worship shall be fifty (50) feet. The minimum side parking set back shall be twenty-five (25) feet. These set back areas shall be designed and improved with either earth mounding, fencing or landscape planting in such fashion so as to provide reasonable visual screening for adjacent residential property, as determined by the Planning and Zoning Commission.
(d) The minimum rear building set back for a civic institution or place of worship shall be one hundred (100) feet. The minimum rear parking set back shall be fifty (50) feet. These set back areas shall be designed and improved with either earth mounding, fencing or landscape planting in such fashion so as to provide reasonable visual screening for adjacent residential property, as determined by the Planning and Zoning Commission.
(e) The maximum land coverage for buildings used as civic institution or place of worship shall not exceed twenty-five percent (25%); and, the combined land coverage of building and off-street parking for such building shall not exceed fifty-five percent (55%).
(f) The minimum lot area for such uses shall be five (5) acres.
(g) Off-street parking shall be as required by Section 1162.04.
(Ord. 2004-7. Passed 6-9-04.)
1148.15 CLUSTER RESIDENTIAL DEVELOPMENTS.
In the U-1 District a cluster residential development may be considered as an option to a standard single-family subdivision. The primary objective of this option is to promote the health, safety and general welfare of the community by maximizing the conservation of open space, while retaining for the property owner the development rights (the number of residential dwelling units) that are permitted under the existing conventional zoning for the property. This objective is achieved through the application of flexible land development techniques in the arrangement of dwelling units and the construction of roads. A cluster residential development shall comply with the following:
(a) Minimum Development Area. The gross area of a tract of land proposed to be developed in a cluster residential development shall be no less than thirty (30) contiguous acres. For the purposes of this section, in order to be considered for cluster residential development, the applicant must establish that the entire tract of land to be developed is titled in the name of the applicant or the applicant has the legal authority to represent the titled owner of the property in proceedings before the Village.
(b) Maximum Density Permitted. The maximum overall density of a proposed development shall not exceed one (1) dwelling unit per one-and-a-half (1-1/2) acres. The maximum number of units shall be calculated by multiplying the total project area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.
(c) Required Open Space. A minimum of forty percent (40%) of the development area shall be reserved and permanently maintained as open space. Open space areas shall be further defined by the following criteria:
(1) Open space areas shall be easily accessible to residents of the cluster residential development.
(2) Required open space shall be interconnected with open space areas on abutting parcels, whenever possible.
(3) Open space areas may be preserved in their natural state or used for outdoor active or passive recreation for the residents of the proposed development.
(4) Open space areas shall not include:
A. Private roads and public road rights-of-way;
B. Parking areas, access-ways, and driveways;
C. The area of the recreational facilities intended for the use of residents of the proposed development;
D. Required setbacks for buildings, roads and parking areas;
E. Minimum spacing between buildings, and between buildings and parking areas;
F. Private yards; and
G. The area within fifteen (15) feet of the buildings.
(d) Building and Parking Setbacks. The minimum setbacks for all buildings, both principal and accessory, shall be:
(1) From the existing street right of way – One hundred (100) feet or the average setback of the buildings on the adjoining lots, whichever is greater; there will be no parking nor any access drives in any front yard which is adjacent to an existing street except as necessary to provide driveway or road access from the existing street to the development.
(2) From a side or rear property line – Fifty (50) feet. Parking and driveways shall be a minimum of thirty (30) feet from any side and rear boundary line with such thirty (30) feet appropriately landscaped.
(e) Building Spacing. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by the minimum spacing requirements set forth below.
(1) End Wall to End Wall: 10 feet.
(2) End Wall to Main Wall: 25 feet.
(3) Main Wall to Main Wall: 40 feet.
A. The following definitions shall apply to the terms used above
1. Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.
2. End Wall. The outside walls, other than a main wall of a building, which may contain windows not considered to be primary windows.
B. These distances may be reduced when the Planning and Zoning Commission finds that adequate landscaping and screening is provided to ensure privacy between units.
(f) Homeowners’ Associations. As part of a cluster residential development, a homeowners’ association, community association, condominium association or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas, including the required common open space, private streets and common drives.
(1) The Village of Orange Law Director shall determine that, based on documents submitted with the final development plan, the association’s bylaws or code of regulations specify the following requirements:
A. Membership in the association shall be mandatory for all purchasers of lots in the development or units in a condominium.
B. The association shall be responsible for maintenance, control and insurance of common areas.
C. The association shall have the power to impose assessments on members for the maintenance, control and insurance of common open space, and have the power to place liens against individual properties for failure to pay assessments.
D. The association shall have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of common open space by such means as reasonable monetary fines, suspension of the right to vote and the right to use any recreational facilities in the common area, the right to suspend any services provided by the association to any owner, and the right to exercise self-help to cure violations.
E. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified.
(2) The association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without (i) an affirmative vote of seventy five percent (75%) of its members, (ii) having established a successor entity to take over said property pursuant to this Zoning Ordinance, and (iii) the approval of the Village Council.
(3) The association shall convey to the Village and other appropriate governmental bodies, after proper notice, the right of entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. The Village shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Village shall have the right to proceed against the association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant lots.
(h) Development Plan Review. A cluster residential development shall be considered and approved in compliance with the submission requirements, procedures, and review procedures of Chapter 1143.
(Ord. 2004-9. Passed 6-9-04.)
1148.16 TEMPORARY STRUCTURES AND PORTABLE TOILETS.
In a U-1 District, only the following accessory uses are permitted as regulated in the Zoning Code:
(a) Definitions. For the purpose of this Section, terms or words used herein shall be interpreted according to the following and Section 1140.05.
(1) "Construction Dumpster" means any unit designed for the collection of large quantities of trash, yard waste, garbage, building or constmction debris, trees, limbs and designed to be delivered and picked up by a truck. Construction dumpsters do not include garbage cans that can be moved by a person.
(2) "Portable Toilet" means a portable, self-contained outhouse manufactured of molded plastic used as a temporary toilet for construction and/or large gatherings/events.
(3) "Portable, On-Demand Storage Device" ("POD") means any device, container, enclosure or structure, either wheeled trailers or containers carried on motor vehicles or trailers, commonly used to store home furnishings, and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Portable, on-demand storage devices do not include self-propelled registered motor vehicles and are not used as habitation for humans or animals, or for the storage of commercial/industrial materials.
(b) Portable, On-Demand Storage Devices ("POD").
(1) Zoning Certificate required. No POD shall be constructed, erected, or placed upon any residential property without first obtaining a Zoning Certificate from the Building Commissioner in accordance with this Section.
(2) Fee. The fee for a Zoning Certificate for a POD shall be submitted with the application.
(3) Application requirements. Applications for a Zoning Certificate for a POD shall be in writing on forms provided by the Building Inspector and shall include the following:
A. Description of the POD, including size and dimension; and
B. A development plan to scale showing the location of the POD and compliance with the regulations in this Section.
(4) Restrictions. All PODs shall comply with the following:
A. A Zoning Certificate for a POD shall be valid for a period of sixty (60) days and shall authorize the construction, erection or placement on the property described in the application.
B. PODs are only permitted on a lot containing an existing residential dwelling or a residential dwelling under construction/renovation/repair, where a valid building permit/Zoning Certificate has been issued when applicable.
C. Only one (1) POD shall be placed on a lot at one time.
D. PODs shall be located on a paved area or gravel area unless located on a residential construction project where a driveway is not yet installed, in which case the POD shall be located in the proposed driveway location.
E. PODs shall be located entirely on the owner's lot, and when applicable, as close to the residence as possible, not blocking any sight lines.
F. No part of any POD shall be located on any public property or in the right-of-way.
G. Any POD constructed, erected or placed upon property shall comply with all applicable provisions of the Codified Ordinances of Orange Village.
(5) Renewal. A Zoning Certificate for a POD may be renewed one time for an additional sixty (60) days provided that the applicant has complied with the requirements of this Section and pays the applicable renewal fee.
(c) Construction Dumpsters and Portable Toilets.
(1) Zoning Certificate required. No Construction Dumpster and/or Portable Toilet shall be constructed, erected or placed upon any residential property without first obtaining a Zoning Certificate from the Building Inspector in accordance with this Section.
(2) Fee. The fee for a Zoning Certificate for Construction Dumpsters and Portable Toilets shall be submitted with the application.
(3) Application requirements. Applications for a Construction Dumpster and/or a Portable Toilet shall be in writing on forms provided by the Building Inspector and shall include the following:
A. Description of the Construction Dumpster and/or Portable Toilet, including size and dimension; and
B. A site plan to scale showing the location of the Construction Dumpster and/or the Portable Toilet and compliance with the regulations in this Section.
(4) Restrictions. All Construction Dumpsters and Portable Toilets shall comply with the following:
A. A Zoning Certificate for a Construction Dumpster and/or a Portable Toilet shall be valid for the duration of a construction project and shall authorize the construction, erection, or placement on the property described in the application. If a Certificate of Zoning Compliance is required for a residential project, the Construction Dumpster and/or Portable Toilet shall be removed before the issuance of the Certificate of Zoning Compliance.
B. Construction Dumpsters and Portable Toilets shall only be permitted on a lot containing an existing residential dwelling or a residential dwelling under construction/renovation/repair, where a valid building permit/Zoning Certificate has been issued when applicable.
C. Only one (1) Construction Dumpster and one (1) Portable Toilet shall be placed on a lot at any one time.
D. Construction Dumpsters and Portable Toilets shall be located on a paved or gravel area unless located on a residential construction project where a driveway is not yet installed, in which case the Construction Dumpster and/or the Portable Toilet shall be located in the proposed driveway location.
E. Construction Dumpsters and Portable Toilets shall be located entirely on the owner's lot and when applicable, as close to the residence as possible, not blocking any sight lines.
F. No part of any Construction Dumpster or any Portable Toilet shall be located on any public property or in the right-of-way.
G. Any Construction Dumpster and/or Portable Toilet constructed, erected or placed upon property shall comply with all applicable provisions of the Codified Ordinances of Orange Village.
H. The Building Inspector is granted authority to require immediate removal of a Construction Dumpster and/or a Portable Toilet if it is determined the Construction Dumpster and/or the Portable Toilet is no longer needed at the site, the Construction Dumpster/Portable Toilet is filled to capacity or has violated this Section.
(d) Exceptions. The Building Inspector, in the event of emergencies, such as floods, wind storms, fires, or other natural disasters, and man-made disasters, such as sewage back-ups, water leaks, electrical overloads and other similar events beyond the control of the property owner or resident may relax the provisions of this Section to make reasonable allowance for the limited extension, waiver or exemption of time periods, limits on number of containers, locations of containers on property, and other appropriate waivers where necessary to assist in recovery, restoration, mitigation of further damage and construction efforts.
(Ord. 2015-5. Passed 7-8-15.)
1150.01 INTENT.
(a) A Class U-1A development shall be permitted only in a Class U-1A Single-Family Dwelling District and shall not be permitted in a Class U-1 Single-Family Dwelling District. It is the intent of the Village that Class U-1 and Class U-1A be two separate zoning districts.
(b) It is the further intent of the Village, as expressed in the Village Charter, i.e. Section 9 of Article XII , that there shall be no increase in the area of the existing U-1A Single- Family Dwelling District, as of May 5, 1992.
(c) U-1A District and the provisions of this chapter are established to:
(1) Permit single-family development on lots having a minimum area of 20,000 square feet (except as provided in Section 1150.08), a public water supply and sanitary sewerage facilities available for use;
(2) Regulate the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open space on each zoning lot appropriate for a U-1A District;
(3) Regulate the density and distribution of population in accordance with a plan to avoid congestion and maintain adequate services;
(4) Protect the desirable characteristics of existing residential development and promote the stability of property values; and
(5) Promote the most desirable and beneficial use of the land, bringing about eventual conformity with a well considered community plan.
(6) A site development plan with streets and a platting of residential lots in this district shall not be received unless it contains at least ten (10) acres. Where topographic or other conditions require a lesser number of acres Council, in compliance with Section 1142.06, may grant a variance.
(Ord. 2004-8. Passed 6-9-04.)
1150.02 PERMITTED USES.
In a U-1A Single-Family Dwelling District, no building or premises shall be used or occupied as a main building or use for other than the following uses as are regulated in this Zoning Code:
(a) Main buildings and uses as permitted by Section 1148.01 for a Class U-1 Single- Family Dwelling District, provided that single-family dwellings shall have a connection to a water main, storm sewer and sanitary sewer as approved by the Village Engineer.
(b) Recreational uses of land, open spaces and facilities owned by duly constituted home owner’s associations.
(Ord. 2004-8. Passed 6-9-04.)
1150.03 ACCESSORY USES.
In a U-1A District, only the following accessory uses are permitted as are regulated in this Zoning Code:
(a) Private Garages. An attached garage, provided that the area of the garage does not exceed 800 square feet.
(b) Home occupations. A home workspace may be permitted in a U-1A District provided that the non-residential use is limited to an accessory use and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located, and further provided that:
(1) No window display or sign shall be used to advertise work in such occupation.
(2) No person, other than members of the family residing within the dwelling and two (2) additional persons, shall engage or assist in such occupation.
(3) The residential character of the dwelling exterior or accessory building shall not be changed. No on-site storage of products, equipment or materials shall be permitted unless such products, equipment or materials are stored in a fully enclosed structure.
(4) No equipment or process shall be used which creates any dust, noise, odor, glare, vibration or electrical interference detectable to the normal senses off the lot. No electrical interference shall cause fluctuations in line voltage off the premises.
(5) The home occupation shall not attract a greater number of vehicles than can be parked in the driveway at any given time and the number of truck deliveries shall not be greater than generally expected in the neighborhood..
(6) No merchandise shall be sold except that which is produced or processed on the premises.
(7) Trucks or other mobile equipment shall not be parked overnight in driveways or in open yards.
(8) No vehicle repair shall be permitted on any property unless performed by the owner or occupant on his or her own vehicle, or the vehicle of a member of the family of the owner or occupant of the property.
(c) Accessory Buildings Other Than Private Garages. In a U-1A District, one accessory building may be permitted in the rear yard of a residential lot in accordance with the following requirements:
(1) Maximum building area. The total area of the accessory building shall not exceed 200 square feet.
(2) An accessory building shall be set back not less than twenty-five (25) feet from any side or rear property line. On a corner lot, such building shall be set back not less than forty (40) feet from the side street right-of-way line.
(3) When an accessory building complies with the setbacks for the principal building, the minimum spacing between the principal and accessory building shall be seven (7) feet.
(4) When any portion of an accessory building is located so it is not in compliance with the setbacks for the principal building than the minimum spacing between the principal and accessory building shall be twenty (20) feet.
(d) Swimming Pools. Swimming pools may be located in a U-1A District as an accessory use to a dwelling. The pool and accessory buildings, structures or other equipment shall not be located in a front or side yard and shall be not less than twenty-five (25) feet from any lot line. Every swimming pool shall be enclosed by a fence at least forty-eight (48) inches in height and constructed so as to prevent uncontrolled access. At all times when a swimming pool is not in use, the gates in such fence shall be secured.
(Ord. 2004-8. Passed 6-9-04.)
(f) Solar Energy Systems are a conditionally permitted accessory use, provided that the standards and conditions set forth in Section 1148.02(i) are met.
(Ord. 2013-15. Passed 2-5-14.)
1150.04 AREA, YARD AND HEIGHT REGULATIONS.
In a U-1A Single-Family Dwelling District, no building or premises shall be used or occupied except in accordance with the regulations as set forth in this section.
(a) Lot Area. Each lot shall be not less than 20,000 square feet in area and shall be not less than one hundred (100) feet in width measured at the building line.
(b) Yard. The yard regulations set forth in this subsection shall be construed as minimum distances.
(1) Front yards. Each dwelling or accessory building shall have a front yard of not less than fifty (50) feet, measured from the street right of way.
(2) Side yards. Each dwelling shall have two (2) side yards; the minimum width of each shall be not less than ten (10) feet. If a garage is attached, the total width of the two side yards shall be not less than twenty-five (25) feet. If the garage is detached the total of the two side yards shall be not less than thirty (30) feet. For corner lots, the width of the side yard on the side street shall be not less than twenty (20) feet.
(3) Rear yards. Each dwelling shall have a rear yard equal to not less than forty (40) feet.
(Ord. 2004-8. Passed 6-9-04.)
(Ord. 2004-8. Passed 6-9-04.)
(c) Height of Buildings. No main building shall be erected to a height in excess of thirty-five feet (35'). The maximum height of any accessory building shall be fifteen feet (15').
(Ord. 2007-17. Passed 8-8-07.)
(Ord. 2007-17. Passed 8-8-07.)
1150.05 DWELLING UNIT AREA.
(a) In a U-1A District, the area of a dwelling unit shall be the sum of the floor areas above the basement level, including those rooms and closets having a minimum ceiling height of seven (7) feet and having natural light and ventilation as required by the Building and Housing Code. Rooms above the first floor may be included in the total floor area if they are directly connected by permanent stairs and a hall, and spaces under pitched roofs having a minimum knee wall height of four (4) feet may be included in the total floor area if two-thirds (2/3) of the room area has a minimum ceiling height of seven (7) feet six (6) inches. In the case of a split-level dwelling, the floor area of the lowest floor shall be included in the total floor area if sixty percent (60%) of the room height is above grade. Floor area shall be measured from the exterior faces of the exterior walls at the first floor line and the exterior faces of the walls of those rooms which may be included under a pitched roof for a one-family dwelling.
(b) The minimum total floor area of a one-family dwelling shall be 2,200 square feet.
(c) The minimum first floor area of any dwelling shall be 1,400 square feet.
(Ord. 2004-8. Passed 6-9-04.)
1150.06 LANDSCAPED FEATURES, FENCES, WALLS AND DRIVEWAYS.
Landscaping for a new residence shall not be installed until the property owner submits a landscaping plan, and the plan is approved by the Building Commissioner, who may engage the services of a landscape architect to assist in the review of the proposed plan. Installation of the landscaping, pursuant to the approved plan, shall be completed within one (1) year after the date the certificate of occupancy is issued. Landscape features, such as hedges, trees and shrubs and yard structures, such as fences, trellises and walls may be permitted in a required yard as follows:
(a) Front Yards, Interior Lot. Open fences and hedges shall be permitted along a side and front lot line in the front yard to a height not to exceed three and one- half feet (3-1/2'). Fences and hedges of a greater height shall be permitted in the front yard along a side lot line when adjoining a nonresidential district, if approved by the Planning and Zoning Commission.
(b) Front Yard, Corner Lot. Landscape features on a corner lot, located within a triangle formed between points on front and side lot lines within thirty-five feet (35') from their intersection shall be maintained to a height not exceeding two and one-half feet (2- 1/2').
(c) Side and Rear Yards. Fences, walls and hedges shall be permitted along a side and rear yard lot line to a height of not more than six feet (6'). All fences shall be designed and constructed in such fashion that the finished side of such fence faces to the exterior of the lot.
(1) All fences shall be treated with appropriate weather preservatives or painted and maintained in good condition.
(2) On a corner lot, fences, walls and hedges shall be set back from the side street line not less than the required front yard setback for an adjoining main building which abuts such side street.
(d) Driveways.
(2) Driveways shall be set back not less than five feet (5') from a side lot line, however this provision shall not apply to driveways already in place on the effective date of this section.
(3) Driveways shall not be wider than twenty feet (20'), except that drive aprons, turnarounds, parking pads, or any other paved portion of a residential property constructed to facilitate access to side or rear facing garages may be an appropriate width to permit the maneuvering of passenger vehicles entirely upon the Driveway.
(Ord. 2020-16. Passed 11-4-20.)
1150.07 OUTDOOR LIGHTING.
All outdoor lighting including floodlights, or other lights of similar brightness shall be directed, reflected or shielded so that the brightness or glare will not create a nuisance or unreasonably interfere with an adjoining owner’s property rights. The Planning Commission may require landscaped screening or other measures to insulate the outdoor lighting from adjoining property.
(Ord. 2004-8. Passed 6-9-04.)
(Ord. 2004-8. Passed 6-9-04.)
1150.08 SUBDIVISION MODIFICATIONS.
Where public water supply and sanitary sewerage facilities are available and a plan of a proposed subdivision includes not less than forty-five (45) acres, the following modifications to the U-1A District may be approved by the Planning and Zoning Commission, provided that:
(a) Lots.
(1) Minimum acreage. The plan of the subdivision shall contain not less than forty-five (45) acres.
(2) Public areas. Not less than eight percent (8%) of the gross area of the property shall be devoted to parks or permanent open spaces and dedicated to the Village or to a home association in which each property owner in the subdivision has, by covenant, the right to full enjoyment and the obligation to pay a proportional share of the maintenance cost.
(3) Maximum gross density. The maximum gross density in the subdivision shall be equal to the total area of the subdivision expressed in acres, including the area of all lots, streets and common open spaces or parks within the subdivision, and shall not exceed two (2) dwelling units per acre
(4) Minimum area. The minimum area of a zoning lot in a planned development subdivision shall be not less than 16,000 square feet.
(5) Average lot width. The average lot width of zoning lots in a planned development subdivision shall be not less than ninety feet measured at the building setback line.
(6) Minimum lot width. The minimum lot width of a zoning lot in a planned development subdivision shall be not less than eighty (80) feet, measured at the building setback line.
(b) Site Regulations. Single-family dwellings shall be designed, erected, altered, moved and maintained only in accordance with the following site regulations:
(1) One dwelling permitted. Not more than one (1) single-family dwelling shall be permitted on a zoning lot.
(2) Setbacks. All main and accessory buildings and uses shall be set back from all existing and planned rights of way a distance of fifty (50) feet, provided, however, that a greater or lesser setback may be established on the zoning map.
(3) Side yards.
A. Each lot shall have two (2) side yards.
B. The minimum side yard width shall be ten (10) feet.
C. The total width of the two side yards shall be not less than twenty- five (25) feet.
(4) Rear yards. Each lot shall have a rear yard of not less than forty (40) feet.
(5) Yards for accessory structures and uses. Accessory structures and uses shall be behind the building setback line and not less than twenty-five (25) feet from the side and rear property lines.
(6) Planned modification. Whenever a group of single-family dwellings is proposed on adjacent lots and a site plan showing the location of all buildings, drives, walks, fences and landscaping is presented to the Planning and Zoning Commission, the Commission may approve modifications to the site regulations enumerated in this subsection, provided that:
A. The Commission finds that the granting of such modifications will not result in less light, air and privacy for the dwellings involved.
B. The size of yard adjacent to zoning lots not in the proposed development shall be not less than required by the site regulations enumerated in this subsection.
(c) Height Regulations. The height of any main building shall not exceed thirty-five (35) feet.
(Ord. 2004-8. Passed 6-9-04.)
(Ord. 2004-8. Passed 6-9-04.)
1151.01 INTENT.
The purpose of the U-2 Zoning District is to permit and control development of detached and attached one-family homes in clusters, as condominium developments. The intent is to permit additional flexibility in design and standards as to promote quality and imaginative designs. Property may be improved to these standards where U-2 uses are allowed.
(Ord. 1997-65. Passed 3-11-98.)
1151.02 PERMITTED USES.
Land and buildings shall be used, and building shall be designed, erected, moved and altered, only in accordance with the use regulations set forth in this chapter. The following uses are permitted:
(a) Detached Single Family Dwellings; and
(b) Attached Single Family Dwellings.
(Ord. 1997-65. Passed 3-11-98.)
1151.03 PERMITTED ACCESSORY BUILDINGS AND USES.
The following accessory buildings and uses are permitted in a U-2 Attached or Detached Single Family Home District.
(a) Private accessory automobile garages attached to each dwelling;
(b) Visitor off-street parking of passenger automobiles;
(c) Private noncommercial swimming pools, recreation areas and facilities intended and used solely by the occupants and their guests.
(d) Private accessory storage and maintenance structures needed for the operation and maintenance of the building and site;
(e) Landscape features, including gardens, fountains, sidewalks, walls, decorative fences and lawns;
(f) Air conditioning and ventilation equipment and necessary utility equipment as permitted under this chapter.
(g) Signs as provided in Chapter 1161.
(Ord. 1997-65. Passed 3-11-98.)
(h) Solar Energy Systems are a conditionally permitted accessory use, provided that the standards and conditions set forth in Section 1148.02(i) are met.
(Ord. 2013-15. Passed 2-5-14.)
1151.04 AREA REGULATIONS.
Land and buildings shall be designed, improved and maintained in accordance with the following schedules:
(a) Site Area. The minimum area of a U-2 development shall be ten (10) acres which shall be under common ownership and shall be one parcel.
(b) Distance Between Buildings. The distance between buildings shall be at least equal to the height of the higher building, unless otherwise approved by the Planning and Zoning Commission and Council.
(c) Density. The maximum density of a U-2 district shall not exceed four (4) dwelling units per gross acre.
(d) Dwelling Units Per Building. There shall be a maximum of four (4) dwelling units per building.
(e) Floor Area. Each dwelling unit in this district shall have a minimum of two bedrooms and a minimum livable floor area of not less than the following:
Unit Type | Minimum Living Floor Area (square feet) |
Two Bedrooms | 2,000 |
Three Bedrooms | 2,250 |
For each additional bedroom | 200 |
(Ord. 1997-65. Passed 3-11-98.) |
1151.05 HEIGHT REGULATIONS.
(a) The height of any residential or main building shall not exceed thirty-five (35) feet.
(b) The height of any accessory building or other structure shall not exceed fifteen (15) feet, unless otherwise approved by the Planning and Zoning Commission and Council.
(Ord. 1997-65. Passed 3-11-98.)
1151.06 SETBACKS.
(a) Setbacks.
(1) All buildings shall be set back at least fifty (50) feet from any street right- of-way that is not part of the development.
(2) All buildings shall be set back at least twenty-five (25) feet from a public right-of-way or back of curb on a private street which is within the development.
(3) All buildings shall be set back at least twenty five (25) feet from any adjacent property line provided that the adjacent property line is classified as a U-2 zoning category.
(4) All buildings shall be set back at least fifty (50) feet from any adjacent property line which is not in the U-2 zoning category.
(b) Use of Setbacks. Required setbacks shall not be used for buildings or structures or recreational facilities, such as tennis courts, parking lots, swimming pools and the like, unless otherwise approved by the Planning and Zoning Commission and Council.
(Ord. 1997-65. Passed 3-11-98.)
1151.07 PARKING, DRIVEWAYS AND STREETS.
Parking areas and driveways shall be properly related to the streets and residential buildings so as to promote safety and convenience and to minimize congestion or hazards.
(a) Every planned development in a district shall provide attached garage space for two (2) vehicles for every living unit and at least one (1) open visitor parking space, not on a street, for each living unit. Such garage and open visitor parking space shall be at least nine (9) feet by twenty (20) feet per car and shall comply with all of the specifications applicable thereto in this Zoning Code and in the Building Code.
(b) Access driveways from public streets shall be planned and constructed at locations designed to avoid traffic congestion and hazard, and shall be approved by the Planning and Zoning Commission.
(c) All streets in this District shall be constructed in accordance with the standards established by the Village Engineer. Private streets not to be dedicated shall not provide any through traffic between public streets.
(Ord. 1997-65. Passed 3-11-98.)
1151.08 LANDSCAPING AND OPEN SPACE.
In order to ensure the park-like character of the use and to provide environmental amenities to the occupants of the development, land area not covered by buildings, parking areas, drives, sidewalks, plazas or other hard-surfaced uses shall be preserved as open space and maintained in grass or other landscape material, in accordance with the general development plan approved by the Planning and Zoning Commission.
(a) Minimum Area. Open space shall not be less than fifty percent (50%) of the gross area of the development and may include required setbacks, patios, private gardens, sidewalks, private yards, garage roofs at ground level that are covered with earth and grass, and landscaping or other decorative features.
(b) Required Private Open Space for Residential Uses. Every dwelling unit shall have a separate private yard, patio, court, or balcony containing at least 400 square feet, with screening provided so as to ensure adequate privacy, all in accordance with the general development plan approved by the Planning and Zoning Commission.
(Ord. 1997-65. Passed 3-11-98.)
1151.09 LIGHTING PLAN.
A lighting plan shall be submitted to the Planning and Zoning Commission for its approval. Such plan shall be designed to promote the safety of pedestrians and vehicles and the protection of persons and property.
(a) Private Street and Property Lighting. Lighting units on private streets and property shall not exceed fifteen (15) feet in height and shall be so shielded from adjoining residences as to limit interference with other property.
(b) Public Street Lighting. Public street lighting shall be subject to the approval of the Planning and Zoning Commission and the Village Engineer.
(Ord. 1997-65. Passed 3-11-98.)
1151.10 BUILDING AND SITE DESIGN STANDARDS.
Buildings, site development and uses shall be designated and arranged so as to provide a unified building complex which will be an asset to the Village, to residents and to occupants of the development.
(a) All utilities serving the buildings and site, including electricity, telephone and all supporting equipment therefore, including meters, transformers and the like, shall conform to all ordinances.
(b) All buildings and grounds shall be designed, constructed and maintained as approved, in the general development plans. All landscaping, sidewalks, pedestrian plazas, parking areas and building exteriors shall be maintained free of any unsafe, unsightly or blighting conditions which deteriorates the appearance, character, safety or value of the Village or the surrounding area.
(c) The developers, and after formation, the condominium association or homeowners association, shall make provision for the maintenance, upkeep and repair of common land, private streets, utilities, roofs, walls, driveways, sidewalks and other areas or facilities under common or joint use, and for the payment of expenses, taxes and assessments thereon, and shall establish standards for the maintenance and repair of all areas, in accordance with laws applicable to condominiums or incorporated association ownership. Such provisions, agreements and easements shall be filed with the Village, shall conform to all applicable laws regarding housing, zoning, sanitation, safety and welfare, shall identify the person responsible for repairs and maintenance and shall inform the Building Inspector of the name of the initial owner or tenant. Thereafter, the association shall keep accurate records of the names and addresses of each owner of each unit and the name of each tenant in possession and inform the Building Inspector of any change within fifteen (15) days after transfer.
(d) All developments shall be designed and constructed so as to relate to and improve the character and quality of the surrounding properties and the Village. Areas of development not to be occupied by buildings, road pavement, sidewalks, parking areas or recreation facilities shall be retained in their existing wooded state or maintained in landscaping as approved by the Planning and Zoning Commission. The orientation and construction of buildings and the location of private space and common space should be designed to promote the utmost privacy and individuality of units and to form a unified composition of buildings and space and a variety of perspectives according to sound architectural and planning principles.
(Ord. 1997-65. Passed 3-11-98.)
1151.11 DEVELOPMENT PLANS.
Prior to development of any U-2 project, development plans shall be submitted and approved as provided in Chapter 1143.
(Ord. 1997-65. Passed 3-11-98.)
1152.01 INTENT.
U-3 Districts and the provisions of this chapter are established to:
(a) Provide, in appropriate and convenient locations, areas for the development of housing for persons of retirement age;
(b) Provide, in such locations, eating facilities and recreation facilities for the comfort and convenience of the occupants of such development;
(c) Regulate the density of population in the District;
(d) Permit additional flexibility in design and standards as to promote quality and imaginative designs;
(e) Regulate the building heights and the spacing of buildings in the development in order to obtain proper light, air, privacy and usable open space; and to
(f) Protect adjacent residential properties by requiring adequate yards and screening.
(Ord. 1998-52. Passed 6-10-98.)
1152.02 PERMITTED USES.
(a) Generally. Buildings and land shall be used and buildings shall be designed, altered, moved or maintained in a U-3 District only for the uses set forth and as regulated in this chapter.
(b) Permitted Main Buildings and Uses. The following main buildings and uses are permitted in a U-3 District:
(1) Attached single family dwellings;
(2) Detached single family dwellings; and
(3) Senior Extended Care Facilities.
(Ord. 1998-52. Passed 6-10-98.)
1152.03 PERMITTED ACCESSORY USES.
The following accessory buildings and uses are permitted in a U-3 District:
(a) Private accessory automobile garages attached to each dwelling;
(b) Visitor off-street parking of passenger automobiles;
(c) Private noncommercial swimming pools, recreation areas and facilities intended and used solely by the occupants and their guests;
(d) Private accessory storage and maintenance structures needed for the operation and maintenance of the building and site;
(e) Club house providing such facilities as meeting rooms, eating areas, dispensaries and kitchens;
(f) Guest rooms and resident managers' quarters within extended care facilities;
(g) Off-street parking as provided in Chapter 1162;
(h) Signs as provided in Chapter 1161.
(Ord. 1998-52. Passed 6-10-98.)
(i) Solar Energy Systems are a conditionally permitted accessory use, provided that the standards and conditions set forth in Section 1148.02(i) are met.
(Ord. 2013-15. Passed 2-5-14.)
1152.04 AREA REGULATIONS.
Land and buildings shall be designed, improved and maintained in accordance with the following schedules:
(a) Site Area. The minimum area of a U-3 development shall be ten (10) acres which shall be under common ownership and shall be one parcel.
(b) Distance Between Buildings. The distance between buildings shall be at least equal to the height of the higher building, unless otherwise approved by the Planning and Zoning Commission and Council.
(c) Density. The maximum density of a U-3 district shall not exceed four (4) dwelling units per gross acre.
(d) Dwelling Units Per Building. There shall be a maximum of four (4) dwelling units per building.
(e) Floor Area. The dwelling area of each dwelling unit, exclusive of public halls and utility and general storage rooms, shall not be less than two thousand (2,000) square feet.
(f) Maximum Building Lot Coverage. The ground floor area of all main and accessory buildings, other than extended care facilities, shall not exceed twenty percent (20%) of the area of the zoned lot.
(g) Maximum Building Lot Coverage of Extended Care Facilities. The ground floor area of all main and accessory buildings shall not exceed ten percent (10%) of the area of the zoned lot.
(Ord. 1998-52. Passed 6-10-98.)
1152.05 HEIGHT REGULATIONS.
(a) The height of any residential or main building shall not exceed thirty-five (35) feet.
(b) The height of any accessory building or other structure shall not exceed fifteen (15) feet, unless otherwise approved by the Planning and Zoning Commission and Council.
(Ord. 1998-52. Passed 6-10-98.)
1152.06 SETBACKS.
(a) Setbacks. All buildings, other than extended care facilities, shall be set back as follows:
(1) One hundred (100) feet from any street right-of-way that is not part of the development;
(2) Twenty five (25) feet from a public right-of-way or back of curb on a private street which is within the development;
(3) Twenty five (25) feet from any adjacent property line provided that the adjacent property line is classified as a U-3 zoning category; and
(4) Sixty (60) feet from any adjacent property line which is not in the U-3 zoning category.
(b) Extended Care Facilities. Extended care facilities shall be setback as follows:
(1) Two hundred (200) feet from any street right-of-way.
(2) One hundred (100) feet from any adjacent property line.
(c) Use of Setbacks. Required setbacks shall not be used for buildings or structures or recreational facilities, such as tennis courts, swimming pools and the like, unless otherwise approved by the Planning and Zoning Commission and Council.
(d) Parking Setbacks. All parking for Senior Extended Care Facilities shall be set back as follows:
(1) Fifty (50) feet from a public right-of-way;
(2) Twenty-five (25) feet from any side or rear lot line; and
(3) Twenty-five (25) feet from any adjacent property line.
(4) Where accessory off-street parking for an extended care facility abuts a residential district, the twenty-five (25) foot setback along the property line shall be maintained as a landscaped buffer.
(Ord. 1998-52. Passed 6-10-98.)
1152.07 PARKING, DRIVEWAYS AND STREETS.
Parking areas and driveways shall be properly related to the streets and residential buildings so as to promote safety and convenience and to minimize congestion or hazards.
(a) Every planned development in a district, other than extended care facilities, shall provide attached garage space for two (2) vehicles for every living unit and at least one (1) open visitor parking space, not on a street, for each living unit. Such garage and open visitor parking space shall be at least nine (9) feet by twenty (20) feet per car and shall comply with all of the specifications applicable thereto in this Zoning Code and in the Building Code.
(b) Access driveways from public streets shall be planned and constructed at locations designed to avoid traffic congestion and hazard, and shall be approved by the Planning and Zoning Commission.
(c) All streets in this District shall be constructed in accordance with the standards established by the Village Engineer. Private streets not to be dedicated shall not provide any through traffic between public streets.
(Ord. 1998-52. Passed 6-10-98.)
1152.08 LANDSCAPING AND OPEN SPACE.
(a) In order to ensure the park-like character of the use and to provide environmental amenities to the occupants of the development, land area not covered by buildings, parking areas, drives, sidewalks, plazas or other hard-surfaced uses shall be preserved as open space and maintained in grass or other landscape material, in accordance with the general development plan approved by the Planning and Zoning Commission.
(b) Open space shall not be less than fifty percent (50%) of the gross area of the development and may include required setbacks, patios, private gardens, sidewalks, private yards, garage roofs at ground level that are covered with earth and grass, and landscaping or other decorative features.
(Ord. 1998-52. Passed 6-10-98.)
1152.09 LIGHTING PLAN.
A lighting plan shall be submitted to the Planning and Zoning Commission for its approval. Such plan shall be designed to promote the safety of pedestrians and vehicles and the protection of persons and property.
(a) Private Street and Property Lighting. Lighting units on private streets and property shall not exceed fifteen (15) feet in height and shall be so shielded from adjoining residences as to limit interference with other property.
(b) Public Street Lighting. Public street lighting shall be subject to the approval of the Planning and Zoning Commission and Village Engineer.
(Ord. 1998-52. Passed 6-10-98.)
1152.10 BUILDING AND SITE DESIGN STANDARDS.
Buildings, site development and uses shall be designated and arranged so as to provide a unified building complex which will be an asset to the Village, to residents and to occupants of the development.
(a) All utilities serving the buildings and site, including electricity, telephone and all supporting equipment therefore, including meters, transformers and the like, shall conform to all ordinances.
(b) All building and grounds shall be designed, constructed and maintained as approved, in the general development plans. All landscaping, sidewalks, pedestrian plazas, parking areas and building exteriors shall be maintained free of any unsafe, unsightly or blighting conditions which deteriorates the appearance, character, safety or value of the Village or the surrounding area.
(c) The developers, and after formation, the condominium association or homeowners association, shall make provision for the maintenance, upkeep and repair of common land, private streets, utilities, roofs, walls, driveways, sidewalks and other areas or facilities under common or joint use, and for the payment of expenses, taxes and assessments thereon, and shall establish standards for the maintenance and repair of all areas, in accordance with laws applicable to condominiums or incorporated association ownership. Such provisions, agreements and easements shall be filed with the Village, shall conform to all applicable laws regarding housing, zoning, sanitation, safety and welfare, shall identify the person responsible for repairs and maintenance and shall inform the Building Inspector of the name of the initial owner or tenant. Thereafter, the association shall keep accurate records of the names and addresses of each owner of each unit and the name of each tenant in possession and inform the Building Inspector of any change within fifteen (15) days after transfer.
(d) All developments shall be designed and constructed so as to relate to and improve the character and quality of the surrounding properties and the Village. Areas of development not to be occupied by buildings, road pavement, sidewalks, parking areas or recreation facilities shall be retained in their existing wooded state or maintained in landscaping as approved by the Planning and Zoning Commission. The orientation and construction of buildings and the location of private space and common space should be designed to promote the utmost privacy and individuality of units and to form a unified composition of buildings and space and a variety of perspectives according to sound architectural and planning principles.
(Ord. 1998-52. Passed 6-10-98.)
1152.11 DEVELOPMENT PLANS.
Prior to development of any U-3 project, development plans shall be submitted and approved as provided in Chapter 1143.
(Ord. 1998-52. Passed 6-10-98.)
1154.01 INTENT.
U-4 Local Retail Business Districts and the provisions of this chapter are established to:
(a) Provide for retail development in a manner that does not disrupt or intrude upon residential areas.
(b) Provide a wide range of commercial development to meet the shopping, service and convenience needs of the residents of the community.
(Ord. 1997-33. Passed 4-15-98.)
1154.02 PERMITTED USES.
(a) Buildings and land in a U-4 District shall be used and buildings shall be designed, erected, altered, moved or maintained, in full or in part, only for the uses set forth herein. Residential uses are prohibited in a U-4 District. The following uses are permitted in a U-4 Local Retail District:
Antiques
Appliances, including service
Art galleries, supplies and crafts
Automotive parts
Bakeries
Banks
Barbershops
Bath shops
Beauty shops
Beverage stores
Bicycle sales and service
Bookstores
Broadcasting studios
Business machines, including service
Business offices
Butcher shops, excluding on site slaughtering
Carpets and floor coverings
Caterers
Cheese shops
Confectioneries
Cosmetics
Delicatessens
Department stores
Draperies and slipcovers
Drugstores
Dry cleaning, limited to 2000 sq. ft.
Dry cleaning pick-up stations
Electrical fixtures and supplies
Electronic equipment, including service
Exercise facilities
Financial institutions, including drive-in facilities
Florists
Food stores
Fruit and vegetable markets
Garden supplies and plants
Gift shops
Glass and glazing shops
Hardware, including paint and wallpaper
Health foods
Hearing aids
Hobby shops
Home furnishings
Hotels
Ice cream shops
Import shops
Interior decorator shops
Jewelers
Laundry facilities, limited to 2000 sq. ft., excluding customer operated machinery
Laundry pick-up stations
Leather goods
Libraries
Luggage
Medical and dental clinics, limited to out-patient services
Medical and dental laboratories
Medical and surgical equipment
Motels
Museums
Music shops
Nautical supplies
Newsstands
Office buildings and offices
Office furniture, equipment and supplies
Optical equipment
Photographic equipment and supplies
Photographic studios
Printing and copying
Professional buildings and offices
Repair shops, small items
Routine service and scheduled maintenance of automobiles, if performed at a lawful nonconforming use existing as of January 1, 1994, including:
general auto repair; engine repair; brake system repair; transmission system repair; suspension system repair; electrical system repair; tune ups; oil change and lube; exhaust system repair; cooling system repair; tire sales and service; fuel injection service; drivetrain system repair; sale of parts and accessories; and heating and ventilation systems repair.
Restaurants, may include outside dining areas
Sewing supplies
Sales offices with samples and merchandising services
Sporting goods
Stationery
Tailoring
Theaters, excluding drive-in
Tobacconist
Toy shops
Variety stores
Wearing apparel and accessories
Other uses considered by the Planning and Zoning Commission and Council to be similar to the above uses.
(b) All uses in a U-4 District shall be conducted wholly within an enclosed building.
(Ord. 1997-33. Passed 4-15-98.)
1154.03 PERMITTED ACCESSORY BUILDINGS AND USES.
(a)
The following accessory buildings and uses are permitted.
(1) Off-street parking facility.
(2) Waste collection container.
(3) Refrigeration and/or freezer building.
(4) Security control building.
(5) Transformer, meter rooms or vaults.
(6) Mechanical equipment space.
(7) Pick-up and drop-off building (kiosk).
(8) Kiosk, drive-thru teller or other accessory buildings related to a main use located in a main building.
(9) Signs as provided in Chapter 1161.
(10) Newspaper boxes may be placed outside when accessory to restaurants, subject to the provisions of Section 1154.08.
(Ord. 2006-43. Passed 2-17-07.)
(b) Total gross square footage of all accessory buildings, except for an off-street parking facility, shall not exceed ten percent (10%) of the foundation area of the main building.
(Ord. 1997-33. Passed 4-15-98.)
1154.04 LOT COVERAGE AND FLOOR AREA.
(a) The maximum coverage of a lot by buildings shall not exceed thirty-five percent (35%) of the area of the lot. Lot area shall be calculated excluding any portion designated for street purposes.
(b) All main buildings shall have a minimum of 2,400 square feet of floor area. The total gross area of the first and second floors may be used to calculate the 2,400 square feet.
(Ord. 1997-33. Passed 4-15-98.)
1154.05 YARD REGULATIONS.
(a) Front Yards. Each lot shall have a front yard of at least 100 feet, measured from the right of way unless shown otherwise on the Zone Map. Front yards may be used for parking, but no parking shall be located closer than ten (10) feet from the street right-of-way. The display or sale of merchandise in a front yard is prohibited.
(b) Side Yards. Every lot shall have adequate side yard area to provide fire and emergency vehicle access to the rear of the building. Where adjoining a residential district, the minimum side yard shall be not less than thirty (30) feet on the residential side of which fifteen (15) feet shall be a landscaped buffer area. A wall, fence, hedge or planting may be required by the Planning and Zoning Commission along a side or rear lot line located a minimum of five (5) feet from the side or rear lot line.
(c) Rear Yard. A rear yard shall be required of not less than forty-five (45) feet.
(Ord. 1997-33. Passed 4-15-98.)
1154.06 HEIGHT OF BUILDINGS.
(a) Total overall building height shall not exceed thirty-five (35) feet. No occupancy may be above the second floor.
(b) Exceptions to height limits shall be the chimney flue, elevator penthouse and mechanical penthouse which shall be limited to fifteen (15) feet in height.
(Ord. 1997-33. Passed 4-15-98.)
1154.07 LANDSCAPING AND SIDEWALKS REQUIRED.
(a) All areas not used for drives, parking, walks or buildings shall be landscaped in accordance with landscaping plans approved by the Planning and Zoning Commission.
(b) Sidewalks shall be provided in the right of way according to specifications of the Village Engineer.
(Ord. 1997-33. Passed 4-15-98.)
1154.08 REGULATIONS FOR THE OUTDOOR PLACEMENT OF NEWSPAPER BOXES ACCESSORY TO RESTAURANTS.
(a) Newspaper boxes shall be permitted as accessory uses only when the principal use of the property is a restaurant, which is an existing and functioning use of the property.
(b) There shall be no more than six (6) newspaper boxes placed outside of any one establishment.
(c) The newspaper boxes shall be placed as close to the entrance of the establishment as practicable and shall be located in such a way as not to interrupt pedestrian ways, required parking or vehicular or handicap access.
(d) Each newspaper box shall be anchored to the ground or the building, or otherwise secured in a manner acceptable to the Building Commissioner, in order to prevent theft or other movement of the box.
(e) The newspaper boxes and the surrounding areas shall be well maintained and free of litter and debris at all times.
(f) The Planning and Zoning Commission shall determine compliance with the provisions of this Section following the procedures for Final Plan Approval, pursuant to Section 1143.05. The Building Commissioner shall waive those items of the submission requirements in Section 1143.06(b) that are not necessary or relevant for the Planning and Zoning Commission to determine compliance with this Section. Once approved, newspaper boxes may continue in compliance with the provisions of this Section as long as a restaurant occupies the building.
(Ord. 2006-43. Passed 2-21-07.)
1154.09 DEVELOPMENT PLANS.
No use shall be established or building constructed or altered except pursuant to an approved development plan as provided in Chapter 1143.
(Ord. 2006-43. Passed 2-21-07.)
1156.01 INTENT.
U-4A Motorist Services Districts and the provisions of this chapter are established to:
(a) Provide appropriate, convenient and ample districts for motorist services in order to serve and promote the economic development of the community;
(b) Protect and stabilize developments from traffic congestion by regulating the intensity of use, requiring off-street parking and loading and regulating access to streets; and
(c) Protect nearby residential neighborhoods by requiring greater yards adjacent to residential districts.
(Ord. 1997-34. Passed 4-15-98.)
1156.02 PERMITTED BUILDINGS AND USES.
Buildings and land shall be used, and buildings shall be designed, constructed, altered and moved, in a U-4A District; only for the uses set forth below and as regulated in this chapter:
(1) Automobile service stations.
(2) Automobile agencies for the sale of new automobiles.
(3) Motels and hotels including swimming pools and other recreational facilities, restaurants and assembly rooms.
(4) Restaurants and eating places.
(5) Theaters, except outdoor drive-in theaters.
(6) Banks.
(7) Office and/or professional buildings.
(8) Automotive parts store.
(9) Car wash.
(Ord. 1997-34. Passed 4-15-98.)
1156.03 PERMITTED ACCESSORY BUILDINGS AND USES; BUILDING SIZE.
(a) The following accessory buildings and uses are permitted in a U-4A Motorist Services District, provided they are established in connection with a permitted main use:
(1) Off-street parking facility.
(2) Screened waste collection container.
(3) Refrigeration and/or freezer building.
(4) Security control building.
(5) Transformer, meter rooms or vaults.
(6) Screened mechanical equipment space.
(7) Pick-up and drop-off building (kiosk).
(8) Kiosk, drive-thru facility or other accessory buildings related to a main use located in a main building.
(9) Sale of used automobiles permitted only in conjunction with the sale of new automobiles as a permitted main use.
(10) Signs as provided in Chapter 1161.
(11) Newspaper boxes may be placed outside when accessory to restaurants, subject to the provisions of Section 1154.08.
(Ord. 2006-43. Passed 2-21-07.)
(b) Total gross square footage of all accessory buildings, except for an off-street parking facility, shall not exceed ten percent (10%) of the foundation area of the main building. Display and storage area for accessory used car sales shall not exceed thirty percent (30%) of the gross area of the site.
(Ord. 1997-34. Passed 4-15-98.)
1156.04 LOT AREA AND WIDTH.
(a) Compliance Required: Table of Lot Regulations. Every lot or parcel shall be of sufficient size to accommodate main and accessory buildings and uses, required yards and space for future expansion. Every lot occupied by a main building or use shall comply with the lot area and lot width by buildings for the various permitted uses as provided in the following table:
SCHEDULE OF LOT AREA REGULATIONS | ||
Minimum Lot | Minimum Lot | |
Area (Acres) | Width (Ft.) | |
Auto Service Station | 1 | 150 |
Motel/Hotel | 3 | 200 |
Theater | 3 | 200 |
Restaurant if in a separate building | 1 1/2 | 200 |
Automobile agency | 3 | 200 |
Auto service/repair | 1 | 150 |
Bank | 1/2 | 100 |
Office/Professional building | 2 | 150 |
Auto parts store | 1 | 150 |
Car Wash | 1 | 150 |
(b) Motel Lodging Unit Size. Each motel lodging unit shall be comprised of at least 325 square feet and shall not contain more than two sleeping rooms.
(Ord. 1997-34. Passed 4-15-98.)
1156.05 YARDS.
(a) Table of Yard Regulations. Front, side and rear yards shall be provided on every lot occupied by a main or accessory building or use as provided in the following table:
SCHEDULE OF YARD REGULATIONS | |||
Front Yard | Side and Rear Yard | Abut | |
Permitted Uses | From street right of way | abut Residential | Nonresidential |
Building | 100 ft. | 100 ft. | 35 ft. |
Parking | 20 ft. | 30 ft. | 10 ft. |
Auto service station pump island | 35 ft. | 100 ft. | 35 ft. |
Buildings and parking located on a corner lot shall be setback from the side street right of way not less than fifty (50) feet for buildings and fifteen (15) feet for parking.
(b) General Yard Regulations.
(1) Front Yards.
A. The front yard setback shall be measured from the street right of way.
B. Front yards may be used for driveways and parking, provided that the parking area is set back as required. All parking areas shall be separated from driveways by a curb, planting strip, barrier or other suitable designation.
(2) Side and Rear Yards.
A. Side and rear yards shall be measured from the building wall or open use to the nearest lot line.
(Ord. 1997-34. Passed 4-15-98.)
1156.06 HEIGHT OF BUILDINGS.
The maximum height of buildings permitted in a U-4A District shall be fifty (50) feet, exclusive of elevator or mechanical penthouses which shall be limited to an additional fifteen (15) feet in height.
(Ord. 1997-34. Passed 4-15-98.)
1156.07 ILLUMINATION.
Sources of light for the illumination of the exterior of buildings or grounds shall be shielded so as not to cause glare which would be hazardous to automobile drivers or objectionable to users of adjacent property.
(Ord. 1997-34. Passed 4-15-98.)
1156.08 STORAGE.
All equipment, including display and vending equipment, shall be located in a building. All articles, merchandise or commodities sold or otherwise dispensed, used or displayed shall be stored in a building, except automobiles sold at approved dealerships, gasoline sold by means of approved gasoline pumps and oil dispensed from cans stored in approved oil racks. All vehicles used in the operation of an auto service station or repair facility shall be stored within a building during non-business hours.
(Ord. 1997-34. Passed 4-15-98.)
1156.09 SPECIAL PROVISIONS FOR SALE AND SERVICE OF AUTOMOBILES.
(a) Used automobiles can only be sold in conjunction with new automobiles.
(b) Offices for any use shall be permitted only in the main building.
(c) No public address system shall be used, or installed for use, outside any building.
(d) All body work shall be performed in a soundproof portion of any building and the decibel level at the property line shall not exceed sixty five (65) feet.
(e) All vehicles shall be worked on indoors at all times.
(Ord. 1997-34. Passed 4-15-98.)
1156.10 REFUSE CONTAINERS.
In a U-4A District, refuse or garbage lawfully retained on a premises pending disposal thereof, shall be stored in a permanent building or other structure or, if located outside such building or structure, shall be wholly in an enclosed container so located, screened and maintained so that it use is not injurious, noxious, offensive or hazardous to occupants of the premises or to persons or property beyond the boundaries of the property.
(Ord. 1997-34. Passed 4-15-98.)
1156.11 DAMAGED AND INOPERABLE VEHICLES AT AUTO SERVICE OR REPAIR FACILITY.
(a) Damaged and inoperable vehicles at an auto service or repair facility shall be adequately screened from view.
(b) Only vehicles owned or operated by employees or customers of an auto service or repair facility may be parked at such facility. Such vehicles may not be parked between the building line and the street line, or closer than that allowed in Section 1156.05, Schedule of Yard Regulations.
(Ord. 1997-34. Passed 4-15-98.)
1156.12 BUSINESS HOURS OF AUTO SERVICE OR REPAIR FACILITIES.
No auto service or repair facility situated on a lot which is located within 250 feet of any property in a Residential District shall be operated between the hours of 11:30 p.m. and 6:30 a.m., nor shall the access lighting or other exterior lighting of such facility be operated between such hours.
(Ord. 1997-34. Passed 4-15-98.)
1156.13 DELIVERY OF GASOLINE OR PROPANE GAS.
(a) No person shall make a gasoline delivery to any gasoline dealership, consumer outlet, auto service/repair facility or other place of business selling gasoline in the Municipality from any tank wagon, truck or other vehicle, except in the presence of the owner, lessee or proprietor of such gasoline dealership, consumer outlet, auto service/repair facility or other place of business selling gasoline, or in the presence of a duly authorized attendant employed by such owner, lessee or proprietor.
(b) Storage of propane gas for sale is limited to twenty (20) pound containers.
(Ord. 1997-34. Passed 4-15-98.)
1156.14 ABANDONED STATIONS.
(a) If an auto service/repair facility is abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and detrimental to the public health, safety, convenience, comfort or property, or the general welfare of the community, and shall be abated.
(b) As used in this section, "abandoned" means operating for less than six (6) consecutive months in any one year period.
(Ord. 1997-34. Passed 4-15-98.)
1156.15 ABATEMENT OF ABANDONED STATIONS: INOPERATIVE STATIONS.
(a) Whenever the Building Inspector finds any auto service/repair facility to be abandoned within the meaning of this chapter, he or she shall give notice in the same manner as service of summons in civil cases or by certified mail addressed to the owner of record of the premises at his or her last known address or to the address to which tax bills are sent or by a combination of these methods, to abate such abandoned condition within thirty (30) days either by placing the station in operation in accordance with this chapter, adapting and using the building for another permitted business use or by razing the gasoline and filling station structure, removing the pumps, storage tanks and signs and filling depressions to the grade level of the lot. Council may, by a resolution, determine that by reason of the effect of a national emergency which would curtail the operation of motor vehicles or a state of general economic depression, this section shall not apply.
(b) Upon the failure, neglect or refusal by any owner to comply with the notice to abate such abandonment, the Building Inspector shall advise the Law Director of all the facts and the Law Director shall proceed to exercise, on behalf of the Municipality, any remedy which is available to secure an abatement of such abandonment, including any remedy that pertains to the abatement of a public nuisance, and he or she shall recover any damages or enforce any penalties which may be recovered or imposed at the instance of the Municipality.
(c) An inoperative service station, whether or not abandoned, shall be maintained in accordance with this chapter and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon the premises shall be prohibited and the owner shall place in the window of such station a sign of at least ten square feet in area notifying the public of such prohibition. If the Building Inspector finds that such notice is not complied with by the public, he or she may order the owner of the premises to install fencing approved by the Building Inspector which will be sufficient to block motor vehicle access to the property.
(Ord. 1997-34. Passed 4-15-98.)
1156.16 DEVELOPMENT PLANS.
No use shall be established or building constructed or altered except pursuant to an approved development plan as provided in Chapter 1143.
(Ord. 1997-34. Passed 4-15-98.)
1158.01 INTENT.
U-5 Districts and the provisions of this chapter are established to:
(a) Provide for the use of land so located that residential or retail development is not desirable;
(b) Provide locations for storage and light manufacturing uses limited to those which do not create any danger to the health and safety of their immediate neighbors or the surrounding areas;
(c) Provide for those uses which do not create a substantial amount of noise, vibration, smoke, dust, odor, heat, glare, air, land and natural watercourse pollutants or other objectionable influences;
(d) Provide density regulations and landscape requirements which will further control any of the foregoing objectionable influences;
(e) Limit the location of the District to areas where central water, storm and sanitary sewer treatments are available;
(f) Provide locations for uses which require access to major highways for transportation of processed raw materials and finished products; and
(g) Prohibit the storage of explosives and flammable gases, solids or liquids as a main use.
(Ord. 1970-25. Passed 8-5-70.)
1158.02 CONFORMITY REQUIRED; PERMITTED BUILDINGS AND USES.
(a) Generally. Buildings and land shall be used, and buildings shall be designed, altered, moved or intended, in a U-5 District, only for the uses specifically set forth in this chapter. No retail sales of any type shall be permitted. However, any other similar, harmonious and compatible use may be permitted, provided the Planning and Zoning Commission determines, and Council confirms, that such use conforms to the statement of intent set forth in Section 1158.01 and is similar as to its effect upon surrounding uses, hours of operation and amount of traffic generated.
(b) Permitted Main Uses. The following are permitted main uses. All permitted uses listed in paragraphs (b)(2) through (b)(6) hereof shall have at least ten percent of the gross floor area of the ground floor of the main building used for purposes in conjunction with the operation of the main use. The Commission may waive this requirement, with the approval of Council, for a lot the total area of which is four acres or more. The Commission may also waive this requirement, with the approval of Council, if an addition is made to the original building containing the main use and if such addition does not exceed twenty-five percent of the gross floor area of the original building.
(1) Wholesale offices and showrooms with accessory storage of goods;
(2) Research, experimental and testing laboratories;
(3) Storage and distribution establishments for finished or packaged goods, limited to:
A. New parts for automobiles, trucks and trailers;
B. Beverages and foods, except fresh fruits and vegetables;
C. Furniture, carpets, rugs and other household goods;
D. Wood, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, ornamental iron, roofing and sheet metal products;
E. Local parcel delivery stations; and
F. Goods used in or produced by the activities permitted in paragraphs (b)(5) and (b)(6) hereof;
(4) Service establishments; limited to:
A. Bottling works for all beverages with preparation limited to the use of previously processed basic liquids or solids;
B. Cleaning and dyeing establishments limited to laundries, dry cleaning, carpet cleaning and towel supply; and
C. Repair establishments limited to electrical and household appliances and goods produced by the manufacturing and assembly processes permitted in paragraph (b)(6) hereof;
(5) Manufacturing and assembly, limited to the following processes and products:
A. Fabrication, stamping, extrusion, welding, finishing, polishing and assembly of small products limited to:
1. Musical, medical and small engineering, scientific and measuring instruments;
2. Orthopedic and medical appliances;
3. Assembly of electrical equipment such as home radios, phonographs, televisions and home movie equipment;
4. Electric and mechanical control and communication devices and equipment;
5. Electrical supplies such as wire and cable assemblies, switches, motors, lamps, insulation and dry cell batteries;
6. Small electric appliances such as lighting fixtures, motors, lamps, insulation and dry cell batteries.
7. Small electric appliances such as lighting fixtures, irons, toasters, fans and electric toys;
8. Cutlery and kitchen utensils;
9. Cameras and other photographic equipment, watches and clocks;
10. Toys, sporting goods and athletic equipment; and
11. Jewelry, pins, needles and razor blades;
B. Cosmetics, drugs and toiletries and the compounding of pharmaceutical products from previously processed chemicals and other products;
C. Clothing and other textile products and leather goods from previously manufactured yarns and leathers;
D. The fabrication of furniture and cabinets; and
E. Printing, publishing and engraving; and
(6) The following additional uses;
A. Main and carrier postal stations;
B. Fair and police stations;
C. Telephone exchanges;
D. Utility pumping stations; and
E. Electrical distribution substations.
(c) Permitted Accessory Uses. Accessory uses customarily incidental to the main uses are permitted, provided they are planned and developed in connection with the main building. Such accessory uses include:
(1) The sale, serving and consumption of food, soft drinks, juices and ice cream at such places as employee lunch rooms only;
(2) Parking garages and off-street parking and loading and unloading areas for employees and customers, as provided in this chapter;
(3) Maintenance and storage facilities wholly enclosed in approved structures; and
(4) Incineration facilities, provided the incinerator is enclosed in an approved structure and conforms to the regulations of Part III, Section 3.1 to and including Section 3.13 of “Bulletin 82. National Board of Fire Underwriters.”
(Ord. 1970-25. Passed 8-5-70.)
1158.03 AREA, YARD, ACCESSORY OFF-STREET PARKING AND LOADING, LANDSCAPING AND HEIGHT REGULATIONS.
(a) Lot Area. The area of a lot occupied by a main use shall be a minimum of two acres (87,120 square feet) with a minimum frontage of 150 feet. The ground area of such lot occupied by all buildings shall not exceed forty percent of the total lot area. Not less than ten percent of the total land area, exclusive of the required side yards, shall be developed as lawn or planted areas or maintained in an orderly wooded state.
(b) Yards.
(1) Front yards. Parcels fronting on Miles Road shall have a front yard of 130 feet, measured from the centerline of the road. Parcels or lots on any other street shall have a front yard of seventy-five feet, measured from the right of way. The required office portion of any storage or limited manufacturing use shall face the street.
(2) Side yards. A parcel or lot shall have combined side yards of not less than eighty feet, with not less than twenty feet as one side. Where adjoining a residential district or a public street, the side yard adjacent to such district or street shall be not less than 100 feet, unless otherwise shown on the Zone Map. No side yard shall be required between buildings located on the same lot.
(3) Rear yards. Where a lot adjoins a residential district, the depth of the rear yard shall be not less than 100 feet. In all other locations, the rear yard shall be not less than forty feet.
(4) Yards Adjoining Residential Districts. The Planning and Zoning Commission shall require from each applicant, for its approval, the plan depicting the design of the installation of an architecturally suitable fence, wall, hedge or other suitable screening or planting in order to create a buffer area where a residential district adjoins or abuts a rear or side yard prescribed in paragraphs (b)(2) and (b)(3) hereof.
(c) Accessory Off-Street Parking and Loading. Accessory off-street parking in a required front yard is not permitted. Accessory off-street parking is permitted in a required side or rear yard, behind the set-back building line, but shall be located not less than thirty feet from a residential district line. Accessory off-street loading is permitted in a required side or rear yard, but shall be located not less than fifty feet from a residential district line.
(d) Landscaping. In addition to the required landscaping provided for in subsection (a) hereof, all portions of required yards in which no off-street parking or loading spaces are permitted shall be developed as lawns or planted areas or maintained in an orderly wooded state.
(e) Height of Buildings. The height of buildings in a U-5 District shall not exceed thirty-five feet.
(Ord. 1970-25. Passed 8-5-70.)
1158.04 OFF-STREET PARKING FACILITIES.
The following requirements are provided so that the required off-street parking facilities will be developed in such a manner as to interfere as little as possible with the use of neighboring properties and with vehicular traffic on neighboring streets.
(a) Required off-street parking facilities shall be located on the same lot as the main building or use served.
(b) Required off-street parking spaces shall be provided as follows:
(1) When there is more than one shift in operation, the required spaces shall be related to the number of employees on the combined major and secondary shifts.
(2) For executive offices and sales offices, one space shall be required per 200 square feet of office floor area.
(3) For all other permitted uses, one space shall be required for each 1.5 employees or one space for each 300 square feet of building floor area, whichever is greater.
(4) If the application of the standards set forth in this subsection as to the number of employees results in fewer parking spaces than required by the application of the standards set forth in this subsection as to the square feet of buildings, the Planning and Zoning Commission may permit the construction of the lesser number of spaces. However, the additional area required to provide the number of spaces under the square feet of building standard shall be reserved and held as open area, exclusive of all required yard areas, for future construction of parking spaces when the number of employees in the building increases.
(5) Where the computation of required off-street parking spaces results in a fractional unit, one additional off-street parking space shall be provided.
(c) The gross floor area of a building is the total area of all the floors, including the basement, measured from the exterior faces of the building.
(d) A parking space shall be not less than 180 square feet (nine feet by twenty feet) exclusive of drives and turning spaces.
(e) All parking areas and driveways shall be surfaced with asphalt, concrete or another similar hard surface as approved by Council.
All parking areas and driveways shall provide adequate drainage so that all water is contained within the lot on which the parking area or driveway is located in such a manner that water does not drain across other private property.
Adequate bumper guards or curbs shall be provided to establish the limits of the parking area except at exits and entrances. Such guards or curbs shall restrain the vehicles so that no part of a parked vehicle shall project into that portion of a required yard in which off-street parking is prohibited.
(f) The location and width of entrance and exit driveways to parking facilities shall be planned, whenever possible, so that the centerline of the access driveways on the frontage street of a corner lot shall be at least forty feet from the right-of-way line of the nearest intersecting street. Whenever possible, driveways shall be spaced at not less than 120-foot intervals, measured from the centerline of the driveways.
Entrances and exits shall be limited to three lanes.
Entrances to and exits from a U-5 District shall be limited to streets along which the frontage is located in a U-5 or U-4A District. The width of such entrances and exits shall conform to the following schedule:
Width (ft.) | ||
Minimum | Maximum | |
One lane | 10 | 12 |
Two lanes | 18 | 24 |
Three lanes | 27 | 33 |
In all cases, the radius of the edge of the apron shall be at least fifty feet so that a car may enter or leave the curb lane without obstructing vehicles in other traffic lanes. The maximum curb cut shall be limited to the width of the entrance or exit plus each radius of the apron.
(g) Sources of light for the illumination of buildings or grounds shall be shielded so as not to be objectionable or hazardous to owners of adjacent property or to public streets.
(Ord. 1970-25. Passed 8-5-70.)
1158.05 OFF-STREET LOADING FACILITIES.
(a) Off-street loading facilities shall be located at the rear of buildings on the same lot as the main building or use served so that a public street or sidewalk will not be occupied during the loading or unloading process.
(b) Off-street loading facilities are not permitted between a building and an abutting street.
(c) Off-street loading spaces shall be provided with surface improvements as required for parking areas in Section 1158.04(e).
(d) The repairing or servicing of motor vehicles is not permitted in a required off-street loading space. Space required and allocated for off-street loading shall not be allocated or used to satisfy the space requirements for required off-street parking.
(e) An off-street loading space at least twelve feet wide by at least twenty-five feet in length shall be provided for a building of less than 10,000 square feet in gross floor area, and an off-street loading space at least twelve feet wide by fifty feet in length shall be provided for a building of 10,000 square feet or more in gross floor area. In all cases, off-street loading spaces shall be provided for a building or group of buildings so that the length of the required spaces is in accordance with the usual size of trucks employed for loading or unloading. Each space shall have a vertical clearance of at least fourteen feet. The required areas shall be exclusive of aisle and maneuvering space.
(Ord. 1970-25. Passed 8-5-70.)
1158.06 SIGNS FOR INDUSTRIAL DISTRICTS.
Signs in an industrial district shall be accessory to and on the same lot as the permitted building or use, except as indicated in this section, and shall conform with the following regulations:
(a) General Locations; Obstructions Prohibited. Signs in an industrial district may be located on the surface of, or project from, the building wall adjacent to a street. The maximum dimensions set forth in this section shall include the structural members, unless otherwise indicated. No sign shall extend into the public right of way. Signs shall not project over or obstruct a required window or door of a building, be attached to or obstruct a fire escape or interfere with other safety provisions as may be further regulated in the Building and Housing Code. Unless regulated otherwise in the Traffic Code, signs shall not be erected so as to obstruct street sight lines or traffic control lights or signs at intersections. Signs visible from the sight lines along a street shall not contain an arrow or word such as “stop”, “go,” “slow,” etc., or otherwise resemble highway traffic signs.
(b) Illumination of Signs. Light sources to illuminate signs shall be reflected and shielded, shall not be of excessive brightness or cause glare hazardous to pedestrians or automobile drivers and shall not be objectionable to adjacent residential districts. The colors red or green, either in direct illumination or reflection, shall not be used where they may interfere with the sight lines of a traffic signal. Flashing, moving or intermittent illumination and outline lighting are not permitted.
(c) Measurement Standards. Standards to measure and compute the amount of sign area permitted are as follows:
(1) The frontage of a building shall be the number of linear feet of the facade facing the principal street or containing the main entrance of an office or manufacturing building; and
(2) The frontage of a lot shall be the number of linear feet that the lot abuts on the principal street.
(d) Types of Signs. The following types of signs are permitted:
(1) Temporary and development signs;
(2) Directional signs, which may be located on any lot in an industrial district; and
(3) Industrial name signs.
(e) Design of Signs. The following designs of signs are permitted:
(1) Flat and wall signs;
(2) Ground signs, which may be located in the required yards on any lot in an industrial district; and
(3) Temporary signs.
(f) Area of Signs. The total area of all signs permitted on a lot in an industrial district, in accordance with regulations set forth in Section 1154.12, shall include:
(1) The area of the faces visible from a public way;
(2) The area of signs placed upon the surface of windows or doors; and
(3) The area within an outline enclosing the lettering, modeling or insignia of signs integral with a wall and other signs not designed as a panel.
(g) Height and Location of Signs.
(1) Flat or wall signs shall not project more than eighteen inches in front of the building wall or beyond a building corner or building height.
(2) Ground signs may be located in the required yards, shall be not less than five feet from another business lot and shall not exceed five feet in height. The area of one face of any ground sign shall not exceed forty square feet. A permanent development sign may be located in front of a set-back line if approved by the Planning and Zoning Commission.
(h) Applications for Permits. A permit shall be required for all permanent and temporary signs. An application for a permit to erect, place, paint or alter a sign shall be made by the owner or lessee of the property upon which a sign is proposed and submitted on forms furnished by the Building Inspector. The application shall be made either separately or included with the application for a building permit. A fee shall be established in accordance with the fees set forth in Chapter 1327. Each application for a permit to erect, place, paint or alter a sign shall be accompanied by a drawing to scale, showing:
(1) The design and layout proposed, including the total area of the sign and the size, character and color of the letters, lines and surface symbols;
(2) The methods of illumination, if any;
(3) The exact location of the sign in relation to the building and property on which it is located; and
(4) The details and specifications for construction, erection and attachments as may be required by the Building and Housing Code.
(i) Removal of Signs. Any owner, part owner, tenant or lessee who allows a sign or display structure to remain on his or her property shall be deemed to have knowledge of the erection and nature of the sign or display structure. Whenever the removal of a sign or display structure has been ordered by the Building Inspector, and the person on whose premises such sign or display structure has been erected, affixed, attached or maintained fails to remove the sign or display structure within forty-eight hours after receiving such notice, the Building Inspector may remove or cause to be removed such sign or display structure at the expense of the person on whose premises it was erected, affixed or attached. Each such person shall be individually and separately liable for the expenses incurred in the removal of such sign or display structure.
(Ord. 1970-25. Passed 8-5-70.)
1158.07 PERFORMANCE STANDARDS.
(a) Enclosed Buildings. All permitted main and accessory uses shall be conducted wholly within enclosed buildings, including the storage of all mobile equipment, except that outdoor, overnight parking of cargo carriers in the process of loading and unloading in required off-street loading spaces is permitted.
(b) Fire and Explosive Hazards.
(1) The storage, handling and use of flammable or explosive materials are permitted only in structures having incombustible exterior walls.
(2) All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.
(3) Automatic sprinkling systems may be required.
(4) All buildings shall be accessible to fire-fighting equipment and shall comply with the Fire Prevention Code and other requirements adopted by the Municipality.
(c) Waste Materials.
(1) Liquid wastes other than storm water shall be discharged into the sanitary sewerage system. A separate storm sewerage system shall be provided to receive storm water. No wastes which are inimicable to sewage treatment shall be discharged into any sewerage system. No wastes which are deleterious to the sewerage system or the sewage treatment process shall be discharged into any sewerage system.
(2) Solid wastes shall be stored in buildings.
(d) Smoke. The basic fuel used for heating or other purposes shall not be coal.
(e) Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases, which would be injurious to property, vegetation, animals or humans at or beyond the boundaries of the lot, is not permitted.
(f) Radioactive or Electrical Disturbances. Radioactive or electrical disturbances which adversely affect any equipment at or beyond the boundaries of the lot in a U-5 District shall not be created.
(Ord. 1970-25. Passed 8-5-70.)
1158.08 DEVELOPMENT PLANS.
(a) Submission of Plans. A site plan shall be prepared for all types of proposals of developments in the U-5 District and submitted to the Planning and Zoning Commission. Preliminary and final development plans shall be submitted. Plans shall include:
(1) A survey of property and topography, showing the land owned and proposed for development;
(2) The location, size, height and use of all main and accessory buildings and the general design and color of buildings;
(3) The proposed system of circulation of vehicular traffic, including delivery trucks, details for connections to present and future streets, the types of pavement and estimates of traffic volume. All proposed streets in a U-5 District shall be planned so as to permit future access to adjacent undeveloped lands.
(4) Plans for all utility installations and connections;
(5) The layout and estimate of the number of parking spaces, the design of features and the type of pavement in parking areas; and
(6) Other site developments, including the grading and drainage pattern and designs of landscaped yards, planting areas and strips adjoining residential areas.
(b) Approval of Plans. If the Commission and the Building Inspector find that the preliminary plan is in accordance with the Zoning Code and other codes of the Municipality, the final development plan shall be submitted to Council for study and approval. The plan may be modified by the same procedure. No building permits shall be issued by the Building Inspector until such plan has been approved as provided in this subsection.
Failure to begin the construction of all or an independent component of the plan within one year after approval by the Commission shall void the plan as approved, unless an extension of time is approved by Council.
(c) Occupancy. No use or occupancy shall be permitted until the development plan for which a building permit has been issued is substantially completed and until an occupancy permit is obtained from the Building Inspector as provided in the Building and Housing Code.
(Ord. 1970-25. Passed 8-5-70.)
1158.09 VARIANCES.
The Planning and Zoning Commission may, in specific cases, with the consent of Council, vary or permit exceptions to this chapter if the Commission finds that such variance or exception will not violate the spirit or intent of this chapter and that a more harmonious and useful development will result.
(Ord. 1970-25. Passed 8-5-70.)
1159.01 INTENT.
This chapter is established, among other purposes, to control and regulate permitted uses in the U-6 District and other similar uses. The intent is to regulate and encourage office buildings within close proximity to transportation. The development standards are designed to ensure a park-like environment not only for the benefit of uses within the District but to protect and harmonize with the surrounding residential areas of the Village.
(Ord. 1998-51. Passed 6-10-98.)
1159.02 PERMITTED USES.
Buildings and land in the U-6 District shall be used and buildings shall be designed, erected, altered or intended only for the following uses:
(a) Business, professional, public utility and governmental offices;
(b) Wholesale offices and showrooms; and
(c) Similar harmonious and compatible uses as may be determined by the Planning and Zoning Commission and approved by Council.
(Ord. 1998-51. Passed 6-10-98.)
1159.03 PERMITTED ACCESSORY USES.
Accessory uses incident to the main uses listed in the preceding section shall be permitted, provided they are planned and developed in connection with the main building:
(a) Lunch rooms providing food to tenants and employees of the building, limited to ten percent (10%) of the gross floor area;
(b) Parking garages, off-street parking, loading and unloading areas for employees and customers as provided in Chapter 1162;
(c) Maintenance and storage facilities wholly enclosed in an approved structure; and
(d) Signs as provided in Chapter 1161.
(Ord. 1998-51. Passed 6-10-98.)
1159.04 AREA AND YARD REGULATIONS.
(a) The ground area occupied by the buildings shall not exceed the following percentages of the total area of the lot:
(1) Fifteen percent (15%) for a building of three (3) stories and greater;
(2) Twenty percent (20%) for a two (2) story building; and
(3) Thirty five percent (35%) for a one (1) story building.
(b) All buildings shall be set back from any public street or highway at least one hundred (100) feet.
(c) Side and rear yards, where adjoining a residential district with no street intervening, shall be at least one hundred (100) feet; otherwise, side and rear yards shall be at least thirty five (35) feet. An evergreen hedge or other planting or fence may be required by the Planning and Zoning Commission along property or street lines.
(d) The minimum lot area for any development under the U-6 District shall be two (2) acres with a minimum frontage on a public street of two hundred (200) feet in width.
(e) Not less than ten percent (10%) of the total land area and all required yards in which no off-street parking is permitted shall be developed as lawn or planted area or maintained in an orderly wooded state.
(Ord. 1998-51. Passed 6-10-98.)
1159.05 HEIGHT OF BUILDINGS.
The maximum height of buildings permitted in a U-6 district shall be fifty (50) feet, exclusive of towers, cornices or such other decorative features as may be approved by the Planning and Zoning Commission.
(Ord. 1998-51. Passed 6-10-98.)
1159.06 PARKING STANDARDS AND SETBACKS.
(a) At least ten percent (10%) of the area within the boundaries of a parking area designed for more than fifty (50) automobiles shall be developed as planted islands with a minimum dimension of ten feet and distributed so as to interrupt the expanse of paved area.
(b) In U-6 developments, portions of the front, side or rear yards may be used for parking according to the following schedule:
Type and Location of Yard | Setback (feet) |
Front, side or rear yard along other streets | 35 |
Side or rear yard abutting nonresidential | 10 |
Side or rear yard abutting residential | 50 |
(Ord. 1998-51. Passed 6-10-98.)
1159.07 DESIGN AND PERFORMANCE STANDARDS.
(a) Driveways to buildings or parking areas shall be located at least two hundred (200) feet from a street intersection.
(b) All permitted uses shall be performed wholly within enclosed buildings. All goods, raw material, equipment and waste materials shall be used or stored within buildings.
(c) Dumpsters and/or garbage collection facilities shall be enclosed by a solid wall or fence at least six (6) feet in height and constructed of materials which are compatible in type, texture, style, and color with the main building.
(Ord. 1998-51. Passed 6-10-98.)
(Ord. 1998-51. Passed 6-10-98.)
(d) Parking areas and walkways which are intended to be used during non-daylight hours shall be properly illuminated to adequately provide for safety. Lights shall be so designed and arranged as to direct light away from the adjoining property and shall be installed in conformance with a lighting plan approved by the Planning and Zoning Commission. There shall be no light spillage onto adjoining properties. Light poles shall not extend more than thirty feet (30') in height above the parking area or walkway.
(Ord. 2007-17. Passed 8-8-07.)
(Ord. 2007-17. Passed 8-8-07.)
(e) Areas bordering upon buildings shall be planted with ground cover, trees, shrubs or hedges and maintained to produce a park-like effect. Parking setbacks and other undeveloped areas of the property shall be graded, seeded and maintained as a lawn, or wooded in an orderly natural state and shall be included in a landscape plan.
(f) The premises shall be maintained in an orderly, neat, clean and sanitary condition. Lawns shall be kept mowed and trimmed, and planting and trees shall be maintained and trimmed according to reasonable landscaping principles.
(g) Where a U-6 zoning classification or use is contiguous to or across the street from any residential zone or use, the Planning and Zoning Commission shall require special landscaping, buffering or mounding as is necessary for appropriate separation and screening.
(Ord. 1998-51. Passed 6-10-98.)
1159.08 DEVELOPMENT PLANS.
Prior to development of any U-6 project, development plans shall be submitted and approved as provided in Chapter 1143.
(Ord. 1998-51. Passed 6-10-98.)
1160.01 ACCESS TO STREETS REQUIRED.
No building shall be erected upon a lot or property which does not have frontage upon a dedicated and improved public street, unless the Building Inspector, the Chief of Police and the Fire Chief determine that such building and lot or property are provided with satisfactory and adequate access to a dedicated public street for purposes of police and fire protection and for the protection of life and property and with satisfactory access to, and connection for, necessary utilities.
(Ord. 1959-26. Passed 12-9-59.)
1160.02 SIDE AND REAR YARD OBSTRUCTIONS.
The area required in a side or rear yard shall be open from the established grade or from the natural grade, if higher than the established grade, to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches.
(Ord. 1942-27. Passed 4-14-42.)
1160.03 BUILDING LINES; PROJECTIONS; FENCES; VEGETATION.
(a) For the purposes of regulating front yards, side yards of corner buildings and the alignment of buildings near street frontages, building lines, as set forth on the Zone Map, are hereby established. The Map designations and the designation rules which accompany the Map are hereby declared to be a part of this chapter as if fully rewritten herein.
(b) Between a building line and the street line, no building or portion of a building extending above the established grade may be erected. In a U-1 District, a one-story unenclosed porch may, however, be constructed between the building line and the street line, provided that such unenclosed porch does not extend more than twelve feet in front of the building line.
(Ord. 1959-26. Passed 12-9-59.)
(Ord. 1959-26. Passed 12-9-59.)
(c) On a corner lot between the building line and the street line, and within the triangular space included between the street lines for a distance of thirty-five feet (35') from their point of intersection, no fence or other structure more than two and one-half feet (2.5') in height shall be hereafter erected. No shrub or foliage shall be maintained that, in the judgment of the Building Inspector, will materially obstruct the view of a driver of a vehicle approaching the intersection.
(Ord. 2007-17. Passed 8-8-07.)
(Ord. 2007-17. Passed 8-8-07.)
(d) On any street frontage in a U-1 District, where no building line is designated on the Map, the location of the building line shall be as follows:
(1) On a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line back from the street line shall be forty percent of the average or normal depth of the lots having their front lines along such street frontage, but such distance back from the street need not be more than 100 feet. Where in any portion of such street frontage there are lots of markedly less depth than normal, the Planning and Zoning Commission, in defining and applying this building line regulation, may, when in its opinion the general purposes and intent of this section will be better served thereby, divide such street frontage into sections for the application of such forty percent building line requirement. As used in this paragraph, “lot” includes unimproved parcels in separate ownerships and unimproved lots or parcels in subdivisions of land.
(2) In a U-1 District, along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the frontage of such lot, but such distance back from the street line need not be more than twenty feet.
(Ord. 1959-26. Passed 12-9-59.)
1161.01 PURPOSE AND INTENT.
The purpose of this chapter is to promote the public health, safety and welfare by establishing standards and criteria for the construction, installation, maintenance and operation of signs. It is the further purpose to provide for the removal of those signs that do not comply with these regulations. More specifically, this chapter is intended to:
(a) Protect property values.
(b) Promote clarity in sign communications while providing reasonable and appropriate opportunities to advertise goods and services and to identify properties.
(c) Promote harmony between and among the physical characteristics of signs and the physical characteristics of surrounding land, structures, and other development features.
(d) Promote attractive and orderly appearance in all districts.
(e) Ensure that signs are located and designed to minimize sign clutter and the distractions and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
(f) Provide review procedures that assure that signs are consistent with Village objectives.
(g) Prohibit all signs not expressly permitted by this chapter.
(h) Assure that the provisions of this Chapter do not infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All sections in this chapter are to be construed to protect the rights of residents and visitors to speak freely. All provisions of this chapter shall be interpreted in a content-neutral manner excepting those narrow, legally-recognized exceptions explicitly identified in this chapter.
(Ord. 2016-24. Passed 2-8-17.)
1161.02 COMPLIANCE REQUIRED.
No sign of any type, or any part thereof, shall be erected, painted, repainted, posted, reposted, placed, replaced, hung, displayed or maintained in any zoning district except in compliance with these regulations.
(Ord. 2016-24. Passed 2-8-17.)
1161.03 DEFINITIONS.
The following shall serve as definitions as they are referred to within this chapter:
(a) Architectural feature means any construction attending to, but not an integral part of, the sign, which may consist of landscape, building, or structural forms that enhance the site in general; also, graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose, or when the stripes or other painting techniques are applied to a building provided such treatment does not include lettering, logos or pictures related to the intended message of the sign.
(b) Billboard or Off-premise Sign means any sign, permanent or temporary, that is advertising, promoting, or identifying an establishment, merchandise, event, service, or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located.
(c) Building Wall means any vertical surface of a building or structure (other than a pitched roof) that is integral to, and could reasonably be constructed as a part of, the architecture of the building when signage is not being contemplated. Examples of building walls include, but are not limited to: awnings, canopies, marquees, vertical portions of gable roofs, parapets, mechanical penthouses, etc.
(d) Flag means any fabric, banner or bunting used as a symbol of government, political subdivision, corporate or commercial entity, or institution, or used to convey any message, or otherwise used in a manner consistent with the definition of a sign.
(e) Parcel means the area of land necessary for a use to be in compliance with the Village of Orange Zoning Code. The terms "lot" or "tract" may also be referring to a parcel, set of consolidated parcels or a portion of a parcel.
(f) Sign means any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure in order to direct or attract attention to, or announce or promote, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message. Any sign which is erected pursuant to the provisions of this Chapter may also express non-commercial messages whether or not such allowances are explicitly stated in this Chapter.
(g) Abandoned Sign means any sign that no longer identifies or advertises a bona fide business, institution, organization, lessor, service, owner, product, or activity and/or for which no legal owner can be found.
(h) Animated Sign means any sign that uses flashing lights or movement of the entire sign or portion thereof to depict action or create a special effect or scene.
(i) Awning or Canopy Sign means any building sign that is painted on, or otherwise attached to, an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window.
(j) Banner Sign means any sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a building or other structure at one or more edges.
(k) Building Sign means any sign attached to any part of a building including wall, awning, canopy and projecting signs.
(l) Canopy Sign see Awning Sign.
(m) Changeable Copy Sign means any portion of a sign with letters, characters or graphics that are not permanently affixed to the structure, framing or background, allowing the letters, characters or graphics to be periodically modified, manually, mechanically or electronically, such as a bulletin board or electronic message center. Changeable copy signs shall not be used to display commercial messages relating to products or services that are not offered on the premises.
(n) Signs During Construction means any temporary sign for a project or facility during the time of its construction.
(o) EMC Sign means a type of changeable copy signs on which the changes occur electronically as regulated herein.
(p) Sign Face means the space or surface of a sign intended to contain the message.
(q) Flashing Sign means any sign that contains an intermittent or sequential flashing light source used primarily to attract attention when such movement is not in compliance with this Chapter.
(r) Freestanding Sign means any sign supported from the ground and not attached to any building. A freestanding sign may be supported by a single pole, two poles, a pylon or a solid base.
(s) Sign Height is measured from the existing average grade of the adjacent street right-of-way nearest the base of the sign to the highest point of the sign, its frame, or decorative features. For the purposes of these regulations, I-271 is not considered an adjacent street.
(t) Illuminated Sign means any sign incorporating an internal or external artificial light source for the purpose of illuminating the message of the sign.
(u) Inflatable Sign means any inflatable shape or figure designed or used to attract attention to a business location or event.
(v) Instructional Sign means any sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers or users as to matters of public safety or necessity, convenience such as, but not limited to, parking and circulation requirements; the location or regulations pertaining to specific activities on the site or in the building; and signs erected by a public authority, utility, to control traffic circulation, direct or inform the public, or to inform of needed public services as determined by the rules, regulations and public policy of governmental agencies.. Except when restricted as a public service necessity, these signs may, in addition to the instructional purposes be used to express non-commercial speech.
(w) Marquee Sign means any sign, other than a projecting sign or an awning/canopy sign, attached to a structure and projecting from a building wall above an entrance and extending over a street, sidewalk, or part thereof.
(x) Off-Premise Sign - see Billboard.
(y) Permanent Sign means any sign that does not satisfy the definition of a temporary sign.
(z) Portable Sign means any sign that is designed to be transported on wheels, skids, a bench, runners, brackets or has a frame to which wheels, skids, runners, brackets or similar mechanical devices are or can be attached. A portable sign also includes mobile signs such as parked vehicles or trailers, when such vehicles are visible from the public right-of-way unless such vehicle is regularly used in the normal daily operations of the attendant business, organization or institution.
(aa) Projecting Sign means any sign that is attached to a building wall and that extends away from (i.e., is not parallel to) the building wall or any sign suspended beneath a canopy, ceiling, roof, or marquee, intended to be viewed by pedestrians from the sidewalk beneath the canopy, ceiling, roof, or marquee.
(bb) Roof Sign means any sign, or portion thereof, erected, constructed or projecting upon or over the roof or parapet wall of any building whether the principal support for the sign is on the roof, wall or any other structural element of the building.
(cc) Temporary Sign means any sign that is designed, constructed and erected or installed for the purpose of being displayed only temporarily and is not intended to be permanently attached to a building, structure, window or permanently installed in the ground. Temporary signs may not be used to display commercial messages referring to products or services that are unrelated to current or pending activities on, or uses of, the property.
(dd) Wall Sign means a building sign that is painted on, or attached to, a building wall, with the exposed sign face in a plane parallel to the plane of the wall, that does not extend more than twelve (12) inches there from, and that does not project above the roofline or beyond the corner of the building.
(ee) Window Sign means any sign, whether permanent or temporary, that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building. This term does not include signs that are in the building more than three (3) feet from the window if the sign is either not legible or not intended to be viewed from outside the building.
(ff) Signable Area means that portion of a structure that can accommodate a sign.
(gg) Site Feature means any construction attendant to but not an integral part of the sign (such as walls, fences, sculptures) that enhance the development, do not include lettering, logos or pictures and could reasonably be constructed independently and without any relationship to signs.
(Ord. 2016-24. Passed 2-8-17.)
1161.04 COMPUTATIONS AND RULES OF MEASUREMENT.
The following regulations shall control the computation and measurement of sign area, sign height, window area and building frontage:
(a) Determining Sign Area or Dimension of Signs.
(1) The sign area shall include the face of all display area(s) of the sign. The sign area shall include the frame and structural support unless such structural support is determined to be an architectural or site feature as defined in Section 1161.03(a). Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are this exempt from these regulations.
(2) For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three (3) regular geometric shapes that encompass the entire area of the sign including the background or frame.
(3) For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregularly shaped freestanding sign, the area of the sign shall be the area of not more than three (3) regular geometric shapes that encompass the perimeter of all of the elements of the display.
A. When separate elements are organized to form a single sign, but the elements are separated by open space, the area of the sign shall include all the display areas, including the space between the elements.
B. Up to five (5) percent of the permitted sign area may be considered minor protrusions and extend outside of the maximum limitation of three (3) regular geometric shapes, and are, therefore, exempted from being included as part of the sign area.
(4) For freestanding signs and projecting signs the sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel, or are within thirty (30) degrees of being parallel to each other and are at no point separated by a distance that exceeds three (3) feet. For any sign that has two (2) display faces that do not comply with the above regulation, or has more than two (2) display surfaces, then each surface shall be included when determining the area of the sign.
In determining the area of freestanding or projecting signs, the following shall be exempted from being considered as part of the maximum permitted area:
A. The portion of a solid sign base or other sign support, up to a maximum height of four (4) feet that is at least fifty (50) percent screened by landscaping at the time of installation;.
B. The air space under a freestanding sign between supporting posts, other air space between a projecting sign and the wall to which it is attached.
C. Additional base area, framing or structural supports or other portions of the sign, when such areas are determined to be:
1. Constructed and designed with materials which are similar to, or compatible with, the architecture of the building or other site features;
2. Not intended or designed to include messages; and
3. Exclusive of colors, trademarks, or any other decorative design features that are primarily intended to attract attention, rather than be unobtrusive or compatible with the architecture of the building or other site features.
(b) Determining Building Frontage and Building Unit. For the purposes of this section, the building frontage shall include the building walls that: face a public street, face a parking lot which serves the use, or contain a public entrance to the uses therein. The building frontage shall be measured along such building wall between the exterior faces of the exterior sidewalls. For multiple-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit and shall be measured from the centerline of the party walls defining the building unit.
(1) The primary frontage shall be the portion of a frontage that serves as the main access point to a principal building or building unit.
(2) The secondary frontage shall be all other walls with ingress and egress to the building unit, and walls that face a public right-of-way or parking facility.
(c) Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of these regulations, a single glass window shall be the area of all the glass and mullions that has less than four (4) inches of separation from other glass areas. For the purposes of determining window area for ground floor occupants, the ground floor shall only include the glass area to a height of fifteen (15) feet above the elevation of the first floor of the building.
(d) Determining Street Frontage. Street frontage is the length of the street that is contiguous to the adjacent private parcel for which the sign is being considered.
(e) Determining Sign Setbacks. The required setbacks for any freestanding sign shall apply to all elements of the sign, including its frame and base.
(f) The Planning and Zoning Commission has the authority to interpret the provisions of this Section 1161.04 in determining the area of any sign. Decisions related to these interpretations may be appealed to Village Council.
(Ord. 2016-24. Passed 2-8-17.)
1161.05 SIGNS IN RESIDENTIAL DISTRICTS.
(a) All permanent signs in the U-1, U-1A, U-2, U-3 and S-1 Districts shall conform to the maximum area, height and quantity regulations set forth in Schedule 1161.05.
Schedule 1161.05 Permanent Signs in Residential Districts | |
(1) Standard Single Family Residential Uses (including Cluster Developments) | One (1) sign - maximum of 2 square feet and, if freestanding, a maximum height of 4 feet. Two (2) signs - maximum of 1 square foot each and, if free-standing, a maximum height of 3 feet. |
(2) Nonresidential Uses or Subdivisions | |
(a) Building Signs | 0.5 square feet per lineal foot of the principal building’s primary frontage |
(b) Window Signs (including permanent and temporary) | 10% of window area |
(c) Freestanding Signs | One (1) sign a maximum area of thirty-two (32) square feet and a maximum height of six (6) feet. One (1) additional sign at each curb-cut from a public street a maximum of four (4) square feet and a maximum height of four (4) feet |
(Ord. 2016-24. Passed 2-8-17.)
1161.06 SIGNS IN BUSINESS DISTRICTS.
(a) All permanent signs in the U-4, U-4A, U-5, U-6 and U-7, S-1A Use Districts shall conform to the maximum area, height and quantity regulations set forth in Schedule 1161.06.
Schedule 1161.06 Signs in Business Districts | |
(a) Building Signs | 1.0 sq. ft. Per lineal foot of the principal building’s primary frontage (see also Section 1161.06(b)) |
(b) Window Signs (including permanent and temporary) 1 | 20% of the area of each window 2 |
(c) Freestanding Signs | One (1) sign a maximum area of 32 square feet and a maximum height of eight (8) feet. One (1) additional sign at each curb-cut from a public street a maximum of six (6) square feet and a maximum height of four (4) feet. |
1 See also subsection “(c)” below. 2 First floor only. Second floor businesses are not permitted window signs. | |
(b) Projecting Signs. In addition to the wall signs permitted in Schedule 1161.06, the Planning and Zoning Commission may approve projecting sign(s) for a business or a building when it determines that (1) such sign(s) will assist pedestrians in identifying the businesses because the visibility of the wall signs is impaired from the walkway in front of the building; or (2) that such signs will compliment the design of the building and will not be contrary to the purposes and intent of these regulations.
(c) Window Signs. Permanent window signs shall be comprised of individual letters, logos, or design elements and shall not include a solid or opaque background so as not to obscure the view through the windows.
(Ord. 2016-24. Passed 2-8-17.)
1161.07 SIGNS IN THE PM-UD DISTRICT.
(a) All permanent signs in the PM-UD District shall conform to the maximum area, height and quantity regulations set forth in Schedule 1161.06.
(b) Additional Freestanding Signs in the PM-UD District. In addition to the freestanding signs permitted in Schedule 1161.06, additional signs shall be permitted subject to the following limitations and regulations:
(1) Each PM-UD zoning district shall be permitted one (1) freestanding at the main public entrance to the development in the PM-UD District that shall not exceed six (6) feet in height or seventy-two (72) square feet in area, and shall be set back a minimum of ten (10) feet from any right-of-way or zoning district boundary.
(2) One (1) additional freestanding sign may be permitted at each additional entrance to the PM-UD from a public street which shall not exceed six (6)) feet in height, and thirty-two (32) square feet in sign area. Such signs shall be set back a minimum of ten (10) feet from any right-of-way or property line.
(3) A maximum of three (3) additional signs may be permitted in any PM-UD zoning district. and shall not exceed nine (9) feet in height or thirty-two (32) square feet in area. Such signs shall be set back a minimum of five (5) feet from any right-of-way or property line.
(c) Additional Building Signs for Multiple Story Buildings in the PM-UD District. In addition to the building signs permitted in Schedule 1161.06(a), one (1) additional sign is permitted on the wall of a building that is more than six (6) floors in height that either faces I-271 or a building face that is not visible from the adjacent or nearby residential areas. Such additional sign area shall be a maximum of one-hundred (100) square feet plus an additional twenty (20) square feet for each additional building floor, above seven, provided that the maximum additional sign area shall not exceed 160 square feet. The additional sign area permitted by this Section shall only be placed above the first floor of the building or its related parking structure as approved by the Planning and Zoning Commission.
(Ord. 2016-24. Passed 2-8-17.)
1161.08 ADJUSTMENT OF MAXIMUM SIGN AREA.
(a) All principal buildings and uses in all zoning districts shall have one (1) sign for public safety purposes that displays the buildings address and is plainly visible, and can be easily read, from the primary right-of-way fronted by the building or use.
(1) Additional area shall be permitted when a building has a secondary frontage as defined in Section 1161.04.
(2) The increased sign area for each secondary building frontage shall be equal to thirty (30) percent of the sign area that would be permitted if the secondary frontage were the primary frontage.
A. The additional sign area may be utilized only on the secondary building frontages.
(c) Freestanding Signs. One additional freestanding sign shall be permitted for a corner lot provided that:
(1) The total lot frontage of both streets is not less than 300 feet;
(3) The second freestanding sign is clearly located to address the secondary street; and
(4) The two signs may be aggregated into a single sign at the corner, pursuant to section 1161.09(a), provided that the area of any freestanding sign face shall not exceed 150% of the maximum area permitted for a single sign.
(d) Service Station Signs. Automobile service stations or other establishments engaged in the retail sales of gasoline shall be permitted an additional eight (8) square feet of wall sign or free-standing sign area for each frontage on a public street, Forty (40) percent of the allowances for wall signs for placement on a canopy over the fuel station pump islands. For the purposes of these regulations, a service station canopy shall be considered a wall. Such signs are in addition to wall-mounted and freestanding signs otherwise permitted in this Chapter. (Ord. 2016-24. Passed 2-8-17.)
1161.09 ELECTRONIC MESSAGE CENTER SIGNS.
One (1) permanent freestanding sign greater than twenty (20) square feet, and otherwise permitted by these regulations, is permitted to use a portion of such sign as an Electronic Message Center (EMC) in compliance with the following:
(a) The EMC shall not to exceed sixty-seven (67%) percent of the total sign face area of a freestanding sign or thirty-two (32) square feet whichever is less.
(b) The EMC portion of the sign shall be set off from the edge of the sign by a minimum four (4) inch border.
(c) A sign with an EMC shall be a minimum of fifty (50) feet from a residential zoning district provided that the Planning and Zoning Commission may require reasonable alternative locations which they determine will minimize the impact of the EMC on adjacent property.
(d) The interval of change of any messages shall occur no less than once every eight (8) seconds; the Planning Commission may consider a less frequent interval provided that such greater interval should not be so limited that it negates the purpose of the EMC which is to view, generally, at least two messages during a single pass (viewing time) of the motorist.
(e) The image of the EMC shall change instantaneously and animation, movement, or continuous scrolling of messages is prohibited.
(f) The illumination of the EMC shall:
(1) Be programmed or set in a manner such that the display will turn dark and emit no light in case of a malfunction.
(2) Be equipped with photosensitive equipment that is programmed to automatically adjust the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.
(3) Have maximum brightness levels that shall not exceed five-thousand (5,000) nits when measured from the sign's face at its maximum brightness, during daylight hours, and one-hundred-fifty (150) nits when measured from the sign's face at its maximum brightness between dusk and dawn.
To minimize brightness the Planning Commission may further control the colors - particularly the color that dominates the background area of the EMC or its message - and may limit the nighttime hours that the EMC is illuminated to assure the brightness of the sign is in line with other illuminated signs that may be in the vicinity and/or minimize impact on nearby residential property. (Ord. 2016-24. Passed 2-8-17.)
1161.10 SUPPLEMENTAL SIGN STANDARDS.
(a) Freestanding Signs.
(1) Minimum Sign Setback from Street. Freestanding signs shall be set back at least five (5) feet from the right-of-way. All signs shall be placed so as not to obstruct: sight lines for motorists or pedestrians; fire lanes, exits or standpipes for emergency-response vehicles; or any window such that light and/or ventilation is reduced below minimum standards required by any applicable law or building code.
(2) Minimum Side Setback from Side Lot Lines. Freestanding signs shall be located a minimum of ten (10) feet from any side lot line, except that when a side lot line coincides with a residential zoning district boundary line, the minimum setback shall be twenty (20) feet.
(3) Minimum Setback from Driveways. Freestanding signs, other than entrance and exit signs, shall be setback a minimum of five (5) feet from the pavement of an entrance/exit drive.
(4) Landscaping. Freestanding signs shall be erected in a landscaped setting with landscape materials approved by the Planning and Zoning Commission and not on sidewalks, drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of motorists entering or exiting the property.
(5) Multiple Tenant Facilities. When a freestanding sign is permitted on a site that has more than one tenant, it is the property owner's responsibility to determine whether the sign area will be devoted to identification of the building(s), the anchor tenant, all the tenants or some combination thereof.
(b) Illumination of Signs. Permanent signs shall be permitted to be illuminated in compliance with the following:
(1) The illumination of an internally illuminated sign shall only include the lettering, logo and/or symbols. The background shall be opaque.
(2) Signs shall not include animated, flashing, moving or intermittent illumination except for Electronic Message Center signs as regulated in Section 1161.09.
(3) External light sources shall further comply with the following requirements:
A. All external light sources shall be shielded from the view of persons viewing the sign and be further shielded and directed so that the light shines only on the sign and that illumination beyond the sign face is minimized.
B. All external light sources shall comply with the requirements of the National Electric Code.
C. Electrical wiring serving any sign shall be installed underground or on or within the structure to which the sign is attached.
(c) Instructional Signs. Instructional signs are intended for instructional purposes and shall be permitted, as needed, provided such signs: are not larger than necessary to serve the intended instructional purpose; are the minimum number to serve the intended instructional purpose; and are not in a location and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the site. Except when restricted as a public service necessity, these signs may, in addition to the instructional purposes, be used to express non-commercial speech. (Ord. 2016-24. Passed 2-8-17.)
1161.11 TEMPORARY SIGNS.
(a) Portable Signs. Portable signs are prohibited in all zoning districts.
(b) Banner Signs. Any banner sign displayed pursuant to this Section shall be sufficiently affixed to the ground, building or other structure on all corners to minimize the banner's movement.
(c) Temporary Signs in Business and PM-UD Districts.
(1) Developed Parcels. Temporary signs on developed parcels in business and PM-UD districts are permitted pursuant to Schedule 1161.11.
Schedule 1161.11 Temporary Signs in Business and PM-UD Districts | |
For Each Parcel | |
Maximum Area | 20 square feet per acre of land (or fraction thereof) up to a maximum of 80 square feet (1) |
Maximum Size of Any One Sign | 32 square feet |
Maximum Number of Days per Year | 28 |
Maximum Number of Consecutive Days | 14 |
Schedule 1161.11 Temporary Signs in Business and PM-UD Districts | |
For Each Tenant in a Multiple-Tenant Building or Use | |
Maximum Area per Tenant | 20 square feet (1) |
Maximum Number of Days per Tenant per Year | 14 |
Maximum Number of Signs per Tenant | 1 |
Maximum Distance of Sign from Building Front | 5 feet |
(1) If such sign is on a public or private sidewalk it shall not be left outside after the business has been closed for the day and the location shall have received applicable right-of-way permits and be placed in a location acceptable to the Chief of Police | |
(2) Vacant parcels: one (1) temporary sign is permitted up to a maximum of thirty-two (32) square feet. A parcel that also has frontage on a second public street is entitled to a second sign, not to exceed thirty-two (32) square feet, provided that the length of the frontage along the second public street is a minimum of 300 feet.
(3) During construction: a sign, up to thirty-two (32) square feet, is permitted at each construction entrance to the parcel.
(4) Temporary signs may not be used to display commercial messages referring to products or services that are unrelated to current or pending activities or uses on the property.
(5) Temporary signs shall not be installed or put in place until the intended signs have been registered with the Village Building Department. To satisfy the registration requirements of this section, the property owner or tenant shall notify the Building Department in writing with: the dates the signs will be displayed, the number and size of the signs, and the proposed location.
(d) Temporary Signs in Residential Districts.
(1) Residential Uses: Each residential lot or dwelling unit in a condominium or rental development shall be permitted to erect one (1) temporary sign up to eight (8)) square feet, either in a window or as a freestanding sign in the front yard. Such signs shall not be more than three (3) feet in height and shall be a minimum of ten (10) feet from any property line.
(2) Nonresidential Uses: two (2) temporary signs, that do not exceed eight (8) square feet each.
(3) On vacant Residential Parcels:
A. For a parcel less than one (1) acre - one (1) temporary sign is permitted up to a maximum of eight (8) square feet.
B. For a parcel greater than one (1) acre - one (1) temporary sign is permitted up to sixteen (16) square feet. A parcel that also has frontage on a second public street is entitled to a second sign, not to exceed sixteen (16) square feet, provided that the length of the frontage along the second public street is a minimum of 300 feet.
(4) During new construction of any project, other than a single family home, one of the temporary signs otherwise permitted pursuant to this Section may be a maximum of thirty-two (32) square feet.
(5) From up to thirty (30) days prior to the day absentee ballots are available or the day early voting is permitted, whichever comes first, for a general, primary, or special election and up to three (3) days following such election the number of political signs permitted on any residential lot is not restricted, provided that no such sign shall be larger than eight (8) square feet or higher than four (4) feet.
(e) Temporary signs shall not be illuminated.
(f) Temporary signs in residential districts, when in compliance with these regulations, do not require approval from any Village official prior to erection.
(Ord. 2016-24. Passed 2-8-17.)
1161.12 DESIGN CRITERIA.
(a) All Signs.
(1) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
(2) The sign should be consolidated into a minimum number of elements.
(3) The ratio between the message and the background shall permit easy recognition of the message
(4) The size, style and location of the sign shall be appropriate to the activity of the site.
(5) The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture of the building.
(6) Signs shall be designed with a limited number, and harmonious use, of colors.
(7) Signs, if seen in a series, shall have a continuity of design, with respect to such considerations as type of signs, color, and lighting, so that the style of signs are generally consistent throughout the building or block.
(8) Instructional signs shall contain the minimum information, and the minimum area, necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
(b) Construction Standards.
(1) The construction, erection, safety and maintenance shall comply with all applicable building codes.
(2) All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the Village and shall be structurally sound to withstand wind pressures of at least thirty (30) pounds per square foot of surface area.
(3) All signs shall be located and secured so as to pose no threat to pedestrian or vehicular traffic.
(4) Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
(5) Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.
(6) No sign shall be erected to project over or obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.
(7) No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
(8) Temporary signs shall be durable and weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(9) No sign regulated by any of the provisions of this section shall be erected in the right-of-way, in proximity to railroad crossings, or at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "STOP", "LOOK", "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(10) In the event there is a conflict between the provisions of this section and the provisions of any applicable building codes, the provisions of the applicable building code shall govern.
(11) For permanent signs in a commercial district, the name, address and telephone number of the owner of the sign, or the sign contractor if different from the owner, shall be placed on the sign, or the base of the sign, at a height not to exceed eight (8) feet above the grade. Such identification shall be of such size as to be read by Village officials at a distance of four (4) feet from the sign or base.
(c) Maintenance. All signs shall be maintained in accordance with the following:
(1) The property owner, occupant or other person responsible for the sign shall maintain the sign in a condition fit for the intended use, which includes all lighting in working order at all times, and he/she shall have a continuing obligation to comply with all building code requirements.
(2) If the Building Commissioner finds that any sign is unsafe, insecure, a menace to the public, or constructed, erected, or maintained in violation of the provisions of this Code, notice shall be given in writing by the Building Commissioner to the owner. The owner of the sign shall, within seventy-two (72) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the allotted seventy-two hours, the sign may be removed or altered by the Village to comply with these regulations at the expense of the owner or occupant of the property upon which the sign is located. The Building Commissioner or designated agent may cause any sign, which, in the Village's opinion, creates a danger to persons or property to be removed immediately and without notice.
(3) Whenever any sign, either conforming or non-conforming to these regulations, is required to be removed for the purpose of repairing, refurbishing or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:
A. There shall be no alteration, remodeling to the sign base, sign support(s) the mounting of the sign itself.
B. There shall be no enlargement or increase in any of the dimensions of the sign or its structure.
C. The sign shall be accessory to a legally permitted, conditional or non-conforming use except for temporary signs on vacant property pursuant to Section 1161.11.
(4) The Building Commissioner may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition, and it shall be unlawful for the owner or person in charge of such sign to remove the same after receiving notice from the Building Commissioner.
(5) The face of any permanent sign related to a business that has not been conducted on the premises for 180 consecutive days, or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent or person having the beneficial use of the building, structure or land upon which such sign is located, within ten (10) business days after written notice by the Building Commissioner, and the sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed. Upon failure to comply with such notice within the time specified in such order, the Building Commissioner or designated agent is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign is located.
(Ord. 2016-24. Passed 2-8-17.)
1161.13 EXEMPTED SIGNS.
The following signs are not subject to the provisions of this chapter:
(a) Governmental signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies for the purpose of safety.
(b) Governmental flags or insignia, except when displayed in connection with commercial promotion.
(c) Commemorative plaques, murals and other works of art that do not include a commercial message.
(d) Integral decorative or architectural features of buildings, including signs which denote only the building's name, date of erection or street number, when such signs are cut into any masonry surface or implanted with a metal plate.
(e) Any sign in a building, not attached to a window or door that is not legible from a distance of more than three (3) feet beyond the building in which such sign is located.
(f) Any outdoor sign which is not in any way visible from any adjacent public right-of-way or from any adjacent property.
(g) Decorations pertaining to religious or secular holidays containing no commercial message when displayed during the appropriate time of the year.
(Ord. 2016-24. Passed 2-8-17.)
1161.14 PROHIBITED SIGNS.
All signs not expressly permitted in this chapter or exempt from regulations pursuant to Section 1161.12 shall be prohibited in the Village. Such signs may include, but are not limited to, the following:
(a) Any sign attached or otherwise applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes or located in the public right-of-way.
(b) Any flashing, moving, animated, coursing, blinking, racer-type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners and other similar types of attention-getting devices, except for changeable copy signs when in compliance with the applicable regulations in this Chapter.
(c) Projecting and freestanding signs located within a public right-of-way, except when erected by a governmental agency.
(d) Portable signs.
(e) Roof signs.
(f) Billboards and other off-premise signs.
(g) Beacons or searchlights.
(h) Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification, or advertising purpose.
(Ord. 2016-24. Passed 2-8-17.)
1161.15 REGULATIONS FOR NON-CONFORMING SIGNS.
(a) Maintenance of Non-Conforming Signs. Non-conforming signs shall continue to be maintained in good condition pursuant to Section 1161.11(c) and the building requirements of the Village until such sign is required to be removed as set forth in this section.
(b) Alteration and Removal of Non-Conforming Signs.
(1) Non-conforming signs shall be removed and any subsequent modification or replacement, excluding maintenance pursuant to Section 1161.11(c), shall conform to all requirements of this section:
A. When more than fifty (50) percent of the value of the sign has been destroyed or taken down; or
B. When the use to which the non-conforming sign is accessory is abandoned for ninety (90) consecutive days, the owner shall remove the sign from the premises within ten (10) days after the use is deemed abandoned.
(2) A non-conforming sign shall not be altered, modified or reconstructed other than to comply with this chapter except that:
A. When the existing use has new ownership, which results in a change in the name of the use or business on the property, or when the space is re-occupied by a similar use and the new occupant requires no external building or site renovation, then the message of a non-conforming sign may be changed.
B. An existing sign pursuant to this section may be changed by replacing a sign panel or by repainting a sign face only. Such alterations shall not require changes to the structure, framing or erection or relocation of the sign unless such changes conform to this chapter.
(3) Subject to the provisions of this section, non-conforming signs may be repaired and renovated so long as the cost of such work does not exceed within any twelve (12)-month period fifty (50) percent of the value of such sign.
(4) A non-conforming permanent window sign shall be removed or altered to comply with the regulations of the Chapter within one (1) year from the date of the adoption of this Chapter.
(Ord. 2016-24. Passed 2-8-17.)
1161.16 ADMINISTRATIVE PROVISIONS.
(a) Application, Administrative Review and Approval of Signage Proposals.
(1) When any person other than the owner of the property submits a sign application to the Building Commissioner, the owner of the property or a designated agent for the owner shall also sign such application.
(2) All proposed signs requiring a permit as set forth in Section 1161.16(b), except for instructional signs, shall be reviewed administratively by the Planning and Zoning Commission and the Architectural Board of Review for compliance with the design criteria, construction standards, maintenance and all other applicable regulations in this chapter.
(3) Instructional signs shall be reviewed and approved by the Building Commissioner unless the Building Commissioner refers such sign(s) to the Planning and Zoning Commission for review and counsel.
(4) Proposed signs approved by the Planning and Zoning Commission and the Architectural Board of Review will receive a sign permit from the Building Commissioner.
Schedule 1161.16 Administrative Requirements | |||
Sign Type | Sign Permit Required | Sign Registration Required | Sign Permit Not Required |
Building, Permanent | X | ||
Construction - Residential | X | ||
Construction - Non-Residential | X | ||
Freestanding, Permanent | X | ||
Window, Permanent | X | ||
Window, Temporary | X | ||
Instructional | X | ||
Nameplate | X | ||
Temporary - Non Window - Residential | X | ||
Temporary - Non-Window - Non- Residential | X | ||
(c) Sign Plan. For multi-tenant buildings and development projects with multiple buildings, the Planning and Zoning Commission may approve basic sign parameters that set forth the location, size and style of each tenant or building sign. Such sign parameters may be established when the Planning and Zoning Commission reviews development plans for new buildings or at the time that a specific sign application is made for a sign for an existing building. Whenever the Planning and Zoning Commission has approved such sign parameters, the Building Commissioner shall be authorized to review and approve any subsequent sign application submitted for a tenant of the development or building(s) that complies with such sign parameters.
(d) Status of Prior Violations. All violations of the sign regulations repealed by the adoption of this Zoning Code shall remain violations and all penalties and enforcement remedies set forth herein shall be available to the Village as though the violation were a violation of this Zoning Code. However, if this Zoning Code makes a sign, that was formerly unlawful or non-conforming, to become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties for the violations that occurred prior to the effective date of this Zoning Code or amendment that made the sign conforming and/or lawful.
(Ord. 2016-24. Passed 2-8-17.)
1161.17 VARIANCES AND APPEALS.
The Village Council shall hear and decide on any request for a variance to the regulations in this chapter including:
(a) The maximum sign area, maximum sign height, and the location of the sign on the parcel. In evaluating the request for a variance to the maximum sign height, the Village Council may consider whether there are special topographic circumstances that would result in a material impairment of visibility of the sign from the adjacent roadway, which significantly diminishes the owner's, or user's, ability to continue to communicate adequately and effectively with the public through the use of the sign.
(b) The portion of the sign structure that should be exempt from being considered part of the sign area if such exemption has not been granted by the Planning and Zoning Commission pursuant to Section 1161.04.
(Ord. 2016-24. Passed 2-8-17.)
1161.99 VIOLATIONS AND PENALTIES.
(a) Whoever violates any of the provisions of this chapter shall, upon conviction thereof, be guilty of a minor misdemeanor for the first violation and shall be subject to the penalties established for such offenses. Whoever shall be convicted of a second or additional offence for violation of this chapter shall be guilty of a fourth degree misdemeanor and shall be subject to the penalties for such offenses as prescribed by applicable laws. A separate offense shall be deemed committed each day during or on which a violation or non-compliance occurs or continues.
(b) The owner or occupant of any property, building or other structure, wall, platform, staging or flooring, or part thereof, where anything in violation of any of the provisions of this Building Code is placed or exists; any architect, builder, plumber, carpenter, mason, electrician or other artisan, who is employed to assist in the commission of any such violation; and any person who violates or fails to comply with any of the provisions of this Building Code or builds in violation of any detailed statement of specifications or plans submitted and approved under this Building Code, if no other penalty is provided, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) The application of the penalty provided for in subsection (b) hereof shall not prevent the enforced removal by the Village of prohibited conditions or mandamus, injunction or any other equitable remedy.
(d) In addition to any other applicable penalty, any owner, occupant, architect, builder, plumber, carpenter, mason, electrician or other artisan, who performs work for which a permit is necessary prior to the issuance of said permit, shall pay a permit fee that is twice the amount of the permit fee which would ordinarily be charged for such work.
(Ord. 2016-24. Passed 2-8-17.)
1162.01 PURPOSE AND INTENT.
Off-street parking and off-street loading requirements and regulations are established to achieve the following purposes:
(a) To relieve congestion so that streets can be utilized more fully for movement of traffic;
(b) To promote the safety and convenience of pedestrians and shoppers by separating parking areas and extensive car movements in the vicinity of pedestrian ways;
(c) To promote the general convenience, welfare and prosperity of developments which depend upon off-street parking and off-street loading facilities.
(Ord. 1998-71. Passed 10-14-98.)
1162.02 PARKING FACILITIES REQUIRED.
(a) Off-street parking and loading-unloading facilities shall be provided as a condition precedent to occupancy of any use, in conformance with the provisions of this chapter.
(b) Facilities shall be provided for the entire building or use of undeveloped land:
(1) Whenever a building is constructed or a new land use established;
(2) Whenever the use of an existing building is changed to a use requiring more parking and/or loading-unloading facilities
(3) Whenever an existing building is altered or enlarged and there is an increase of the number of dwelling units, seating capacity and/or floor areas of a building.
(c) All existing off-street parking facilities, and those required as accessory to a use of a proposed or altered building, shall continue unobstructed and shall not be used for sale, service or repair of automobiles, and shall not be used as off-street loading facilities. They shall not be reduced below the required size as long as the main use is maintained unless an equivalent number of spaces are provided for such use in another approved location.
(Ord. 1998-71. Passed 10-14-98.)
1162.03 SCHEDULE OF REQUIRED PARKING SPACES.
Required parking for uses not listed above shall be as established by the Planning and Zoning Commission. Where the computation of required off-street parking spaces results in a fractional unit, one additional parking space shall be provided. All parking spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long with the exception that parallel parking spaces shall be a minimum of eight (8) feet wide and twenty-two (22) feet long.
(Ord. 1998-71. Passed 10-14-98; Ord. 2017-30. Passed 10-4-17.)
1162.04 LOCATION OF FACILITIES.
Required off street parking facilities shall be located on the same lot as the main use to which such facilities are necessary.
(Ord. 1998-71. Passed 10-14-98.)
1162.05 OFF-STREET LOADING FACILITIES.
(a) Loading facilities shall be located on the same lot as the main building or use served and located so that a public street or sidewalk will not be occupied during the loading or unloading process.
(b) Off-street loading facilities shall not be permitted between a building and an abutting street.
(c) Space required and allocated for off-street loading shall not be allocated or used to satisfy the space requirements for required off-street parking.
(d) One (1) off-street loading space at least twelve (12) feet wide by at least fifty (50) feet in length shall be provided for buildings of less than 10,000 square feet in gross floor area, and two (2) off-street loading spaces of not less than twelve (12) feet wide by fifty (50) feet in length shall be provided for buildings of 10,000 square feet or more in gross floor area.
(e) In all cases, off-street loading spaces shall be provided for a building or a group of buildings so that the length of the required space shall be in accordance with the usual size of truck employed for loading or unloading. Each space shall have a vertical clearance of at least fourteen feet. The required areas shall be exclusive of aisle and maneuvering space.
(Ord. 1998-71. Passed 10-14-98.)
1162.06 ILLUMINATION
Parking areas and associated walkways which are intended to be used during non-daylight hours shall be properly illuminated to adequately provide for safety. Lights shall be so designed and arranged as to direct light away from adjoining properties and shall be installed in conformance with a lighting plan approved by the Planning and Zoning Commission.
(Ord. 1998-71. Passed 10-14-98.)
1162.07 ACCESS DRIVES.
(a) The location, number and width of entrance and exit driveways to parking facilities shall be planned to minimize interference with the use of adjacent properties and with the public rights-of-way. All curb cuts or access locations shall be subject to the review and approval of the Planning and Zoning Commission.
(b) Entrances and exits shall be limited to a maximum of three (3) lanes. The width of such entrances and exits shall conform to the following schedule:
Width (in feet) | ||
Minimum | Maximum | |
One Lane | 12 | 14 |
Two Lanes | 20 | 24 |
Three Lanes | 30 | 36 |
(c) The angle of intersection between driveways and the street shall be as near to ninety (90) degrees as possible, but in no case less than eighty (80) degrees except where driveways are designed and intended to limit traffic movements to right turns in or out only. The turn-out radius of the edge of the apron shall conform to criteria established by the Village Engineer for safe connection to the public street.
(d) All access drives and parking areas shall be designed to provide appropriate accessibility for emergency vehicles as determined by the Fire Chief.
(Ord. 1998-71. Passed 10-14-98.)
1162.08 IMPROVEMENT OF PARKING AREAS.
(a) Drive aisles providing direct access to parking spaces shall be a minimum of twenty-two (22) feet in width. On-site drive aisles which do not provide access to individual parking spaces shall be a minimum of twenty (20) feet in width.
(b) Handicapped parking spaces and access shall be provided, designed and located in accordance with the requirements of the Americans with Disabilities Act.
(c) All parking areas and driveways shall be provided with an asphalt, concrete or other similar hard surface designed in accordance with criteria established by the Village Engineer. All parking areas and driveways shall be graded and drained to provide positive drainage away from buildings, to prevent runoff onto adjacent properties, and to direct storm water to an approved outlet.
(d) Concrete curbs at least six inches above the level of the surface of the parking area and at least twelve inches below the surface shall be provided to define the limits of the parking area except at exits and entrances. Such curbs shall be at least six inches thick.
(e) All parking facilities with a capacity of over ten (10) vehicles shall have permanent pavement markings to delineate the spaces. All parking areas containing more than forty (40) spaces shall contain planting strips or islands to interrupt the mass of paved area, aid in controlling the flow of traffic, and provide visual quality. A minimum of five (5) square feet of landscaped area shall be provided within the parking area for each one hundred (100) square feet of vehicle use area.
(f) The Planning and Zoning Commission may approve deviations from the minimum size of parking spaces and the minimum aisle width, specified in this chapter, when it determines that such deviation will not compromise the public interest and the purpose of the standard(s) has been equally satisfied by alternative site design considerations such as, but not limited to: areas being available for the car bumper to over-hang the curb; wider than required parking spaces are proposed; angled parking less than ninety (90) degrees is proposed; and/or the parking is for a use with traffic volumes and rates of parking space turn-over are significantly less than normally expected. (Ord. 2017-30. Passed 10-4-17.)
1162.09 VEHICLES IN RESIDENTIAL DISTRICTS.
(a) Vehicles or trailers of any kind without current license plates or a current validation sticker on the rear license plate thereof shall not be stored on residentially zoned property except in a completely enclosed garage or other completely enclosed permanent structure.
(b) Recreational vehicles or trailers shall not be stored on residentially zoned property except in a completely enclosed garage or other completely enclosed permanent structure, provided, however, that within U-1 Single-Family Dwelling Districts the Planning and Zoning Commission may, in specific cases, and subject to such conditions and safeguards as the Commission may establish, authorize recreational vehicles or trailers to be parked outside of a completely enclosed garage or other completely enclosed permanent structure where the Commission determines that such arrangement will not substantially or permanently impact neighboring properties and is consistent with the spirit and intent of this Zoning Code. When reviewing specific requests for outdoor storage of recreational vehicles or trailers in U-1 Single-Family Dwelling Districts, the Planning and Zoning Commission may seek recommendations from the Architectural Board of Review regarding screening and buffering.
(c) No more than one inoperable vehicle (i.e., a vehicle which is unable to move under its own power) is permitted to be stored on a residential property and must be stored within a completely enclosed garage or other completely enclosed permanent structure.
(d) No motor vehicle having a Gross Motor Vehicle Weight (GMVW) exceeding 10,000 lbs. may be parked outside of a completely enclosed garage or other completely enclosed permanent structure on residential property.
(e) The selling of used or previously owned vehicles from residential property is permitted and subject to the following restrictions:
(1) The total number of vehicles for sale during any twelve-month period is limited to four and no more than one at any given time.
(2) Vehicles for sale must be titled to the current resident or landowner of the property upon which the vehicle is displayed.
(f) All vehicles parked outside on residential property must be parked on paved surfaces such as a driveway or a turnaround and may not be parked on any portion of a driveway that is located within a public right of way.
(Ord. 2022-18. Passed 12-7-22.)
1164.01 INTENT.
(a) Within the districts established by the Zoning Code or Amendments that may later be adopted there exist lots, structures, and uses of land and/or structures which were lawful before the Zoning Code was adopted but which do not conform to regulations and restrictions under the terms of the Zoning Code. It is the intent to permit those nonconformities to continue. It is further intended that nonconformities not be enlarged upon, expanded, or extended nor be used as grounds for adding other lots, structures, or uses prohibited in the same district.
(b) Nothing in this Zoning Code shall require any change in the plans, construction or designated use of a building for which a building permit has been issued and the construction of which was lawfully begun prior to the effective date of the Zoning Code or Amendments thereto and on which construction has been carried on diligently in accordance with approved plans.
(Ord. 1998-72. Passed 10-14-98.)
1164.02 NONCONFORMING LOTS.
(a) Any lot of record existing at the time of the adoption of any provision of this Zoning Code, which does not meet the requirements of said provision, shall be considered buildable provided that the site plan meets all setback and yard requirements established by the Zoning Code.
(b) No such lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width and area requirements established by the Zoning Code, nor shall any division be made which creates a lot width or area below the requirements stated in the Zoning Code.
(Ord. 1998-72. Passed 10-14-98.)
1164.03 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of any provision of the Zoning Code that could not be built under the terms of said provision by reason of restrictions on size, height, yards, setbacks, or lot coverage, such structure may be continued so long as it remains otherwise lawful, provided:
(a) No such nonconforming structure may be enlarged, altered, or reconstructed in a way which increases its nonconformity, but any such structure may be altered to decrease its nonconformity;
(b) Should such nonconforming structure be destroyed by any means to an extent of more than seventy-five percent (75%) of its replacement cost, as determined by the Building Inspector, it shall not be reconstructed except in conformity with the provisions of the Zoning Code;
(c) If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located;
(d) Any structure which is nonconforming solely because of its encroachment in a required yard area may be extended in any lawful manner that does not further encroach in that yard.
(Ord. 1998-72. Passed 10-14-98.)
1164.04 NONCONFORMING USES.
Where at the time of passage of any provision of the Zoning Code lawful use of land and/or structures exists which would not be permitted by said provision, the use may be continued so long as it remains otherwise lawful, provided:
(a) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the date of adoption or amendment of the Zoning Code;
(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the Zoning Code;
(c) No additional structure not conforming to the requirements of the Zoning Code shall be erected in connection with such nonconforming use;
(d) When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed;
(e) If any such nonconforming use ceases for any reason for a period of more than six months, any subsequent use shall conform to the regulations specified by the Zoning Code for the district in which such land is located;
(Ord. 2002-53. Passed 12-11-02.)
(Ord. 2002-53. Passed 12-11-02.)
(f) Removal or destruction of the structure occupied by such nonconforming use shall eliminate the nonconforming status. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty percent of the replacement cost. No nonconforming use shall be established after said destruction or removal;
(g) If a nonconforming use is altered so as to increase its conformity, it may not, at any time, revert to its previous level of nonconformity.
(Ord. 1998-72. Passed 10-14-98.)
1166.01 INTENT.
This chapter is established to control and regulate permitted uses in the U-7 District and other similar uses. The intent is to regulate and encourage office, motel and hotel building uses in close proximity to transportation. The development standards are designed for proper consideration of the environment, not only for the uses within the district but to harmonize and blend the permitted uses of the U-7 District with those in nearby districts of the Village.
(Ord. 1998-33. Passed 5-13-98.)
1166.02 PERMITTED USES.
Buildings and land in the U-7 District shall be used and buildings shall be designated, erected or intended only for the following specified uses:
(1) Office buildings for business, professional, public utility and governmental use;
(2) Wholesale offices and showrooms with accessory storage of goods;
(3) Motels and hotels;
(4) Automobile dealerships; and
(5) Other similar, harmonious and compatible uses as determined by the Planning and Zoning Commission and approved by Council.
(Ord. 1998-33. Passed 5-13-98.)
1166.03 PERMITTED ACCESSORY USES.
(a) Permitted accessory uses in the U-7 District incidental to the use of office buildings shall include the following:
(1) Lunch rooms providing food to tenants and employees of the building, limited to three percent (3%) of the gross floor area;
(2) Parking garages, off-street parking, loading and unloading areas for employees and customers as provided in Chapter 1162;
(3) Maintenance and storage facilities wholly enclosed in an approved structure; and
(4) Signs as provided in Chapter 1161.
(b) Permitted accessory uses in the U-7 District incidental to the use of motels or hotels shall include:
(1) Off-street parking facilities;
(2) Restaurants;
(3) Meeting and assembly rooms;
(4) Swimming pools and other recreational facilities;
(5) Signs as provided in Chapter 1161; and
(6) Personal and other services which are necessary and incidental to the usual operation of a permitted main use as determined by the Planning and Zoning Commission.
(Ord. 1998-33. Passed 5-13-98.)
1166.04 AREA AND YARD REGULATIONS FOR MOTELS AND HOTELS.
The area and yard regulations for motels and hotels shall be as follows:
(1) A lot area of not less than three (3) acres or one thousand three hundred (1,300) square feet per lodging unit, whichever shall be the greater;
(2) A minimum lot width of not less than two hundred (200) feet;
(3) A maximum lot coverage of twenty percent (20%);
(4) A minimum landscaped area of twenty five percent (25%) of the lot area;
(5) A minimum front yard setback from right of way of one hundred (100) feet;
(6) A minimum side and rear yard setback of one hundred (100) feet on a lot adjoining a residential district and thirty five (35) feet on a lot adjoining any other district;
(Ord. 2017-30. Passed 10-4-17.)
1166.05 AREA AND YARD REGULATIONS FOR ALL OTHER USES.
(a) The ground area occupied by the buildings shall not exceed the following percentages of the total area of the lot: fifteen percent (15%) for a three or more story building; twenty percent (20%) for any building with two stories; and thirty-five (35%) for a one-story building.
(b) All buildings shall be set back from any public street or highway at least one hundred (100) feet.
(c) Side and rear yards, where adjoining a residential district with no street intervening, shall be at least 100 feet; otherwise, side and rear yards shall be at least thirty-five (35) feet. An evergreen hedge or other planting or fence may be required by the Planning and Zoning Commission along property or street lines.
(d) The minimum lot area for any development shall be two (2) acres with a minimum frontage on a public street of two hundred (200) feet in width.
(e) Not less than ten percent (10%) of the total land area and all required yards in which no off-street parking is permitted shall be developed as lawn or planted area or maintained in an orderly wooded state.
(Ord. 1998-33. Passed 5-13-98.)
1166.06 HEIGHT OF BUILDINGS.
The maximum height of buildings permitted in a U-7 district shall be fifty (50) feet, exclusive of elevator or mechanical penthouses which shall be limited to an additional fifteen (15) feet in height.
(Ord. 1998-33. Passed 5-13-98.)
1166.07 PARKING.
(a) Parking Setbacks. In a U-7 development, portions of the front, side or rear yards may be used for parking according to the following schedule:
Type and Location of Yard | Setback (feet) |
Front, side or rear yard along other streets | 35 |
Side or rear yard abutting non-residential | 10 |
Side or rear yard abutting residential | 50 |
(c) Illumination of Parking Areas. Parking areas shall be thoroughly illuminated when in use during non-daylight hours to protect the public safety. Such illumination shall be so designed and located that light sources are shielded from adjoining residential districts and streets, and shall not be of excessive brightness or cause a glare hazardous to pedestrians or drivers.
(Ord. 1998-33. Passed 5-13-98.)
1166.08 NO COOKING FACILITIES IN LODGING UNITS IN HOTELS OR MOTELS.
No cooking facilities shall be permitted in any lodging unit in any hotel or motel in the U-7 District. For purposes of this section “cooking facilities”shall mean stoves, ovens, hotplates, or any other instrument customarily used to cook or heat food.
(Ord. 2017-30. Passed 10-4-17.)
1166.09 DESIGN AND PERFORMANCE STANDARDS.
Except as specifically otherwise provided elsewhere in this Chapter the following design and performance standards shall apply to developments of properties within the U-7 District.
(a) Driveways to buildings or parking areas shall be located at least two hundred (200) feet from a street intersection.
(b) All permitted uses shall be performed wholly within enclosed buildings. All goods, raw material, equipment and waste materials shall be used or stored within buildings.
(c) Areas bordering upon buildings shall be planted with ground cover, trees, shrubs or hedges and maintained to produce a park-like effect. Parking setbacks and other undeveloped areas of the property shall be graded, seeded and maintained as lawn, or wooded in an orderly, natural state and shall be included in a landscape plan.
(d) The premises shall be maintained in an orderly, neat, clean and sanitary condition. Lawns shall be kept mowed and trimmed, and plantings and trees shall be maintained and trimmed according to reasonable landscaping principles.
(e) Where a U-7 zoning classification or use is contiguous or across the street from any residential zone or use, the Planning and Zoning Commission may require special landscaping, buffering or mounding as is necessary for appropriate separation and screening.
(Ord. 1998-33. Passed 5-13-98.)
1166.10 DEVELOPMENT PLANS.
No use shall be established or building constructed or altered except pursuant to an approved development plan as provided in Chapter 1143.
(Ord. 1998-33. Passed 5-13-98.)