Ottawa City Zoning Code

TITLE SEVEN

Zoning Standards and Special Provisions

1161.01 PRINCIPAL BUILDINGS.

(a) General. Except as otherwise specified, every principal building in the R, B and I Districts shall be subject to the applicable standards for maximum height, minimum lot area, minimum lot area per dwelling unit, maximum floor area ratio, maximum building coverage, minimum yards and minimum courts specified in Section 1161.03.

(b) Maximum Height.

(1) Where the maximum height permitted for a principal building is in relation to the distance from the building line to the center of a street and the lot has frontage on more than one street, the widest of such streets shall determine the maximum height of such principal building.

(2) For the purpose of determining the maximum height of principal buildings in relation to street right-of-way width, such width shall be deemed to include all street right-of-way widths between private property lines on opposite sides, including park or boulevard strips, median strips, esplanades, plazas and pedestrian ways.

(c) Maximum Floor Area Ratio. "Maximum floor area ratio" means total floor area divided by total lot area, and for the purposes of this chapter “floor area” means gross floor area, measured to the outside surface of outside walls, but exclusive of such floor area as may be used for parking facilities within the principal building, and exclusive of such floor area as may be used for incidental service storage, installation of mechanical equipment, penthouses, housing ventilators and heating systems, and similar uses.

(Ord. 1135. Passed 11-26-84.)

1161.02 ACCESSORY BUILDINGS.

(a) (1) Location. In any R District no accessory building, whether attached to or detached from the principal building, may be erected in an open space other than a rear yard. Such accessory building shall not exceed fifteen feet in height and may not occupy more than thirty percent (30%) of a required rear yard and shall be at least ten feet from all lot lines abutting lots in R Districts.

(2) Exceptions. Garages or garages with a room above which are connected to the principal building directly or by a breezeway or similar structure may be located in any yard, provided that all yard and set back requirements are complied with. Detached garages shall be located in the rear yard and comply with the other provisions of this section.

(b) Erection Without Main Building. In an R District, no accessory building shall be erected or constructed more than nine months prior to the erection or construction of the principal or main building.

(Ord. 1135. Passed 11-26-84.)

1161.03 STANDARDS.

District	Maximum Height Above Average Finished Grade	Minimum Lot Area in sq. ft.	Minimum Lot Area Per Dwelling Unit in sq. ft.	Minimum Width in feet at building line	Minimum Width at right-of-way in feet	Minimum Width of Side Yards in feet	Minimum Depth of Rear Yard in feet	Minimum Depth of Front Yard in feet
A-1	3 Stories or 35 feet (whichever is lesser)	15,000	15,000	75	50	10	20	40
R-1	3 Stories or 35 feet (whichever is lesser)	15,000	15,000	75	50	10	10	40
R-2	3 Stories or 35 feet (whichever is lesser)	10,000	10,000 Add'l 1,000 per each Add'l D.U. up to a total of 4 D.U.'s	75 Add'l 10 per each add'l D.U. up to a total of 4 D.U.'s	30 Add'l 2 per each add'l D.U. up to a total of 4 D.U.'s	7.5 Add'l 2 per each add'l D.U. up to a total of 4 D.U.'s	10	40
R-3	3 Stories or 35 feet (whichever is lesser)	9,000	9,000 Add'l 800 per each add'l D.U.	60 Add'l 7 per each add'l D.U.	25 Add'l 2 per each add'l D.U.	7.5 Add'l 2 per each add'l D.U.	10	40

(ORd. 21-28. Passed 12-13-21.)

				Minimum Side Yards
District	Maximum Height in feet	Maximum Floor area ratio	Minimum Front Yard in feet	Stories	Least Width in feet	Sum of Least Widths in feet	Minimum Rear Yard in feet
B-1	30	None	20	1 and 2	10 20	30 50	1 story: 20 1 story or more: 30
B-2	60	None	None	-	None	-	None
B-3	30 feet	0.3	1 and 2 stories: 40 Additional 10 per story above second	1 and 2 1 and 2	15 Additional 20 per story above second	40 Additional 6 per story above second	20 Additional 3 per story above second

District	Maximum Height in feet	Minimum Lot Area in sq. ft.	Maximum Floor Area Ratio	Maximum Building Coverage	Minimum Depth of Front Yard in Feet	Minimum Width of Side Yard in feet	Minimum Depth of Rear Yard in feet
I-1	2 Stories or 35 ft. (whichever ie lesser)	30,000	0.40	40%	50 feet when abutting or within 100 feet of an "R" District. 30 feet in all other cases.	20 feet, except 50 feet along common line of abutting "R" District	30 feet, except 50 feet along common line of abutting "R" District.
I-2	30 feet	30,000	0.45	30%	1 and 2 stories: 40 Additional 10 per story above second	15 Additional 10 per story above second	20 Additional 10 per story above second

(Ord. 1135. Passed 11-26-84.)

1163.01 OFF-STREET LOADING SPACE.

(a) Required. In connection with every building or part thereof hereafter erected, except dwellings, there shall be provided, on the same lot with such building, off-street loading spaces or berths for uses which customarily receive or distribute material or merchandise by vehicle, in accordance with the requirements of subsection (f) hereof.

(b) Dimensions.

(1) Each off-street loading space in a B District shall be not less than ten feet in width and twenty-five feet in length and, if a roofed berth, not less than fourteen feet in height.

(2) Each off-street loading space in a I District shall be not less than ten feet in width and fifty feet in length and, if a roofed berth, not less than fifteen feet in height.

(c) Yard Occupancy. In any R District, such off-street loading space shall be screened along any frontage abutting a street right-of-way line by a screen fence. Screened fences shall be as permitted in Chapter 1169.

(d) Mixed Occupancies and Uses Not Specified. In the case of mixed uses, the total requirement for off-street loading facilities shall be the sum of the various uses computed separately. Where a use is not specifically mentioned, the requirements for a use which is mentioned, and to which such use is similar, shall apply. Off-street loading facilities for one use shall not be considered as providing requirements for any other use, except as provided for collective use.

(e) Collective Use. Nothing in this chapter shall be construed to prevent the provision of off-street loading facilities for two or more buildings or uses, provided that the total of such off-street loading spaces shall be not less than seventy-five percent (75%) of the sum of the requirements for the various uses computed separately.

(f) Off-Street Loading Requirements. Off-street loading requirements shall be as follows:

(1) For permitted residential, institutional, community facilities and office uses:

Use	Floor area in square feet	Number of spaces required
Group #1:
Libraries, museums and galleries, clubs and lodges; fratenral and philanthropic institutions; religious institutions, and tourist homes.	Less than 10,000	None
	10,000 - 19,000	1
	20,000 or more	1 additional for each 20,000 square feet or fraction thereof in excess of 20,000 square feet
Group #2:
Assembly halls, auditoriums, sports arenas and stadiums; funeral homes; homes for the aged; and similiar institutions for human care	Less than 10,000	None
	10,000 - 99,999	1
	100,000 or more	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet
Group #3:
Banks and financial institutions; medical-dental clincs; business and professional offices.	Less than 30,000	None
	30,000 - 99,999	1
	100,000 - 499,999	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet.
	500,000	1 additional for each 500,000 square feet or fraction thereof in excess of 500,000 square feet.

(2) For permitted business, commercial manufacturing and other industrial uses:

Group #4:
Indoor theaters; bowling alleys, swimming pools, skating rinks and similar amusements, commercial and trade schools; business, dance and music schools.	Less than 10,000	None
	10,000 - 199,000	1
	200,000 or more	1 additional for each 200,000 square feet or fraction thereof in excess of 200,000 square feet.
Group #5:
Retail and wholesale stores; eating and drainking places; commercial uses not elsewhere classified.	Less than 8,000	None
	8,000 - 24,999	1
	25,000 - 39,999	2
	40,000 - 59,999	3
	60,000 - 99,999	4
	100,000 or more	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet.
Group #6:
Manufacturing production, processing, cleaning, servicing, testing or repair, warehousing and storage.	Less than 5,000	None
	5,000 - 39,999	1
	40,000 - 99,999	2
	100,000 or more	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet.

(Ord. 1135. Passed 11-26-84.)

1163.02 OFF-STREET PARKING SPACE.

(a) General.

(1) Required. In connection with every use, there shall be provided, at the time any building or structure is erected, or at any time any use of land is extended, off-street parking spaces for automobiles in accordance with the requirements specified in Section 1163.03.

(2) Minimum size. Each off-street parking space shall contain an area of not less than 160 square feet exclusive of access drives and aisles, and shall be of usable shape and condition.

(3) Access. In any district, there shall be no driveway entrance hereafter constructed with, or altered to, a width of less than ten feet or more than twenty-six feet at the curb or roadway, and no driveway shall hereafter be constructed with, or widened to, a width greater at the property line than at the curb or roadway; driveway entrances on any lot shall not hereafter be constructed or widened to occupy more than an aggregate of twenty-six feet of such lot’s frontage on the same street, and on any lot which has or shall have more than one driveway entrance, from all abutting streets combined, no such entrance or part thereof shall hereafter be provided within thirty feet from the adjacent side line of the nearest such entrance on the same lot.

(4) Type. Parking space for all types of uses may be provided either in garages or parking areas conforming to the provisions of this Zoning Code.

(b) Location of Parking Facilities. Except as otherwise provided in the applicable district use regulation, required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 500 feet thereof. The distance specified herein and the distances specified in the district use regulations shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that such facility is required to serve.

(c) Units of Measurement. For the purposes of determining off-street parking requirements, the following units of measurement shall apply:

(1) Floor area. In the case of use, where floor area is the unit for determining the required number of off-street parking spaces, such unit shall mean the gross floor area, except that such floor area need not include any floor area used for parking within the principal building and need not include any area used for incidental service storage, installations of mechanical equipment, penthouses, ventilators, and heating systems and similar uses.

(2) Hospital bassinets. In hospitals, bassinets shall not be counted as beds.

(3) Places of public assembly.

A. Benches. In stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, each eighteen inches of such seating facilities shall be counted as one seat for the purpose of determining the off-street parking requirements of this Zoning Code.

B. Fixed seats and assembly area. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

(4) Fractions. When units of measurement determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions of over one-half shall require one parking space.

(d) (1) Additions and Enlargements. Whenever any enlargement of building or extension of land use results in an increase in the number of units used to measure required off-street parking spaces, and such alteration or change creates a need for an increase of more than ten percent (10%) in the number of required off-street parking spaces, additional off-street parking shall be provided on the basis of the increase in the number of such units of measurement, provided, however, that in case a change or increase in use creates a need for an increase of less than five off-street parking spaces, no additional parking facilities shall be required.

(2) Exceptions. In the case of additional dwelling units created by conversion of an existing dwelling one off-street parking space shall be required for each additional dwelling unit so created.

(e) Mixed Occupancies and Uses Not Specified. In the case of mixed use, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Where a use is not specifically mentioned, the requirements for a use which is so mentioned and to which said use is similar shall apply. Off-street parking facilities for one use shall not be considered as providing requirements for any other use, except as specified for joint use.

(f) Collective Provision. Where permitted by the applicable district use regulations, nothing in this chapter shall be construed to prevent provision of collective off-street parking facilities for two or more buildings or uses. In cases of collective uses for other than dwelling units, the required total of such off-street parking spaces supplied collectively shall be not less then eighty-five percent (85%) of the sum of the requirements computed separately, provided, further, that the applicable district use regulations shall be complied with. In cases of collective usage involving dwelling units, parking spaces shall be provided at the rate of one per dwelling unit.

(g) Joint Use of Facilities. Off-street parking facilities required for churches shall be reduced by fifty percent (50%) where such churches:

(1) Abut, either directly or across a street or alley, a nonresidence district; or

(2) Are located within a nonresidence district; or

(3) Abut a parking lot serving a business or industrial use in a nonresidence district.

(Ord. 1135. Passed 11-26-84.)

1163.03 OFF-STREET PARKING REQUIREMENTS.

Off-street parking requirements shall be as follows:

(a) For permitted residential, institutional, community facilities and office uses:

Use	Number of Spaces Required
Group #1:
Assembly halls or rooms without fixed seats; exhibition halls (except church assembly rooms) in conjunction with auditoriums.	1 for each 50 square feet of floor area used for assembly, dancing or dining.
Group #2:
Clubs, lodges, fraternal and similar organizations.	1 for each 2 bedrooms and 1 for each 50 square feet of floor area used for assembly, dancing or dining.
Group #3:
Apartments and hotels.	2 for each dwelling unit.
Group #4:
Tourist homes.	1 for each bedroom.
Group #5:
Churches.	1 for each 5 seats in principal assembly area.
Group #6:
Nursing and rest homes; sanitariums, convalescent homes for the aged and children's homes.	1 for each 3 beds.
Group #7:
Schools (public, parochial, private and other).
Elementary and junior high	1 for each 3 seats in an auditorium; or 1 for every 30 classroom seats whichever is greater.
Senior high	1 for each 3 seats in an auditorium, or 1 for each 30 classroom seats in all grades, plus 1 for every 50 classroom seats in the 11th and 12th grades, whichever is greater.
Group #8:
Libraries, museums, art galleries, and educational research centers.	1 for each 500 square feet of floor area.
Group #9:
Funeral homes and mortuaries.	1 for each 500 square feet of floor area.
Group #10:
Banks and similar financial institutions; medical and dental clinics; medical and dental offices.	1 for each 150 square feet of floor area on the first floor, and 1 for each 400 square feet on every other floor.

(b) For permitted business, industrial and recreational uses:

Group #1:
Retail food stores, including delicatessens, grocery stores, meat-fruit-vegetable markets and supermarkets.	5 for the first 2,000 square feet or less of floor area; and 1 for each 150 square feet of floor area in excess of 2,000 square feet.
Group #2:
General retail, wholesale and service establishments of all kinds, other than retail food stores and drive-in refreshment stands.	5 for the first 2,000 square feet or less of floor area; and 1 for every 300 square feet of floor area in excess of 2,000 square feet.
Group #3:
Drive-in refreshment stands.	7 for each service window or point.
Group #4:
Billiard parlors, pool halls, recreation centers, skating rinks, public auction rooms and banquet halls.	1 for each 50 square feet of floor area used for assembly or recreation.
Group #5:
Theaters and similar uses including commercial arenas.	1 for each 4 seats.
Group #6:
Manufacturing plants, laboratories, food products industries, and other industrial uses (except public utility buildings).	1 for each 1,000 square feet of floor area or 1 for each 2 employees on the maximum shift, whichever is greater.
Group #7:
Public utility buildings primarily devoted to storage or mechanical equipment, gas and electric stations, dial exchange buildings and water pumping stations.	1 for each 5,000 square feet of floor area.
Group #8:
Greenhouses, nurseries and truck gardens.	1 for each 500 square feet of selling area.
Group #9:
Bowling alleys.	5 for each lane.
Group #10:
Tennis courts.	3 for each court.

(Ord. 1135. Passed 11- 26- 84.)

1163.04 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.

Every parcel of land hereafter used as a public or private parking area, regardless of whether or not the parking spaces are required shall be developed and maintained in accordance with the following requirements:

(a) Screening. Off-street parking areas for more than one vehicle shall be effectively screened by a screen-fence, wall or evergreen shrubbery on each side which adjoins or faces, is within ten feet of, or is directly across a street from, any premises situated in a R District, unless such premises are developed with a nonresidential use. Such screening shall be no less than three feet nor more than six feet in height and shall be maintained in good condition.

(b) Surfacing. Any off-street parking area and access drives thereto shall be graded and surfaced with gravel, asphaltic binder, cement binder or other comparable material. Any off-street parking area and access drives thereto for more than ten vehicles shall be surfaced with an asphaltic or cement binder so as to provide a dustless surface and shall be graded and drained.

(c) Lighting. Any lighting used to illuminate any off-street parking area shall be arranged so as to reflect light away from adjoining premises in a R District.

(Ord. 1135. Passed 11-26-84.)

1165.01 GENERAL REQUIREMENTS.

The Planning Commission may authorize establishment of a Trailer Park District within an A-1 Agricultural District in accordance with the provisions of this chapter. The sanitary regulations prescribed by the authority having jurisdiction, and as may be otherwise required by law shall be complied with, in addition to the regulations found in this chapter.

(Ord. 1135. Passed 11-26-84.)

1165.02 AREA AND YARD REQUIREMENTS.

Trailer or mobile home parks, motels and camps shall comply with all area and yard requirements as prescribed uses.

(Ord. 1135. Passed 11-26-84.)

1165.03 PARKING; WHEEL REMOVAL.

(a) Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this chapter, provided that there shall be at least one off-street parking space for each trailer park lot and one additional space for each four such lots to accommodate guests.

(b) Emergency Parking. Emergency or temporary stopping or parking of a trailer shall be permitted on any street, alley or highway for not longer than two hours, subject to any other and further prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for such street, alley or highway.

(c) Wheels Not To Be Removed. In any district, except in established trailer parks, the wheels or any similar transporting devices of any trailer, mobile home, or camp car, shall not be removed except for repairs, nor shall any trailer, mobile home or camp car be otherwise permanently fixed to the ground in a manner that would prevent removal of such trailer, mobile home or camp car. (Ord. 1135. Passed 11-26-84.)

1165.04 ENTRANCES AND EXITS.

No vehicular entrance to or exit from any trailer park or motel, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block or on another street which the premises in question does not abut.

(Ord. 1135. Passed 11-26-84.)

1165.05 LANDSCAPING; ENCLOSURE.

(a) Landscaping; Unused Areas. All areas not used for access, parking, circulation, buildings and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten feet in width, shall be established and maintained within the trailer park along its exterior boundaries.

(b) Enclosure. Trailer parks and motels shall be enclosed on the sides and in the rear by appropriate privacy fences, by natural landscaping, or by a combination of landscaped screens, trees, and other suitable fences acceptable to the Board.

(Ord. 1135. Passed 11-26-84.)

1165.06 ENLARGEMENT.

(a) Permit. Any enlargement or extension to any existing motel, tourist camp, trailer camp or mobile home park, shall require application for a zoning certificate, as if it were a new establishment.

(b) Existing Facilities To Comply. No enlargements or extensions to any motel, tourist camp, trailer camp or mobile home park shall be permitted unless the existing facility is made to conform substantially with all the requirements for new construction for such an establishment.

(Ord. 1136. Passed 11-26-84.)

1165.07 PROHIBITIONS; EXCEPTIONS.

Except as provided in Section 1165.03 (b), no person shall park or occupy any trailer or recreational vehicle in the front yard on any premises in any district. Parking shall be permitted inside or rear yards in any district, provided no living quarters shall be maintained for more than thirty days or any business conducted in such trailer while so parked or stored.

(Ord. 1135. Passed 11-26-84.)

1165.08 SUBMISSION OF PLANS FOR TRAILER PARKS.

An application for the establishment of a trailer park shall be filed with the Village Clerk and shall be accompanied by a plat, drawn to scale and certified by a bona fide land surveyor, civil engineer, landscape architect or architect. The Village Clerk shall check the plat and, if he finds the same to be in compliance with the requirements of this chapter, forward the same to the Planning Commission. The Commission shall review the same. Council shall hold a public hearing on the application, giving ten days notice thereof in a newspaper of general circulation. Upon completion of such hearing Council shall approve, conditionally approve or deny the application. The plat shall contain the following information:

(a) Accurate dimensions of the proposed trailer parks;

(b) All roads and approaches and the method of ingress and egress from public highways;

(d) The complete location of any natural gas facilities to serve the trailer park;

(e) A complete layout of unit parking spaces and the number of square feet therein, together with the dimensions thereof; and

(f) The location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users, location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers, sewer drain lines, fire protection stalls, and other building or structures contemplated.

(Ord. 1135. Passed 11-26-84.)

1165.09 MINIMUM STANDARDS AND REQUIREMENTS.

Trailer parks shall be designed and maintained in accordance with the following requirements:

(a) Park Area. The minimum trailer park area shall be three acres.

(b) Lot Area. The minimum lot area per trailer unit site within the trailer park shall be 7,000 square feet.

(c) Lot Width. The minimum lot width per trailer unit within the trailer park shall be thirty feet. Each lot shall be clearly defined by a permanent marker in the ground.

(d) Access. Each trailer park shall abut upon a public street and each trailer lot shall have direct access to a private hard surface road.

(e) Distance Between Trailers. The minimum distance between neighboring trailers shall be not less than twenty feet.

(f) Concrete Slab. Each trailer unit lot shall be equipped with a concrete slab of a sufficient size to support the wheels and the front parking jack. Such slab shall have a minimum horizontal dimension of twelve by forty-five feet and a minimum thickness of four inches. (Ord. 1135. Passed 11-26-84.)

1165.10 UTILITIES.

Each trailer unit shall be equipped with one electric power outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with Village specifications. Fire hydrants where possible shall be located in accordance with the specifications of the National Board of Fire Underwriters. Sanitary waste and water facilities shall meet minimum state requirements and shall be approved by the County Health Department.

(Ord. 1135. Passed 11-26-84.)

1165.11 INTERIOR STREETS.

The minimum roadway width of interior one-way streets with parking permitted on one side shall be twenty-one feet. The minimum roadway width of two-way streets with parking permitted on one side shall be thirty feet. The minimum width of two-way streets without parking permitted shall be twenty feet. Such streets shall be paved according to Village specifications for residential streets and maintained in good condition and lighted at night.

(Ord. 1135. Passed 11-26-84)

1165.12 RECREATION AREAS.

There shall be provided within each trailer park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreation site or sites shall have a minimum area in the aggregate of 300 square feet for each trailer space in such park. The recreation sites shall be of appropriate design and provided with appropriate equipment.

(Ord. 1135. Passed 11-26-84.)

1165.13 LENGTH OF OCCUPANCY.

No trailer shall remain in a trailer park for a period exceeding fifteen days without connection to existing sanitary and sewer systems of the park. (Ord. 1135. Passed 11-26-84.)

1165.14 ADDITIONAL REQUIREMENTS.

In addition to the foregoing, the Board may impose such other conditions, requirements or limitations concerning the design, development and operation of such trailer parks as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. 1135. Passed 11-26-84.)

1165.15 FEES.

Each application for a trailer park shall be accompanied by a check payable to the Village, or cash payment of one hundred dollars ($100.00).

(Ord. 1135. Passed 11-26-84.)

1167.01 CONTINUATION; INTENT.

(a) Any nonconforming use may be continued which exists on the effective date of this Zoning Code or exists at any time thereafter when a District is changed on the Building Zone Map or the Zoning Code is amended to provide for a new classification of uses.

(b) It is the intent of this section to permit these nonconformities to continue in their present condition, but not to encourage their survival.

(Ord. 1135. Passed 11-26-84.)

1167.02 PROHIBITION.

(a) No nonconforming use shall be permitted in any building or on any premises:

(1) Which shall have been vacant, or

(2) Whose previous nonconforming use shall be changed or shall have been changed to a conforming use.

(b) For the purposes of subsection (a) hereof, the term "vacant" shall mean that the building or land has not been used or occupied, in whole or in part, by any lawful nonconforming use for a period of thirty days.

(Ord. 1135. Passed 11-26-84.)

1167.03 RECONSTRUCTION.

Any nonconforming use, building or structure, or one or more of a group of nonconforming buildings or structures related to one use and under one ownership, damaged by fire, flood, earthquake, or other act of God, may be reconstructed and used as before such a calamity, unless damaged to the extent of seventy-five percent (75%) or more of the assessed valuation, for tax purposes, of the building or structure if there be only one building or structure related to one industry and under one ownership, or to the extent of seventy-five percent (75%) or more of the assessed valuation, for tax purposes, of a group of nonconforming buildings or structures related to one use and under one ownership, in which case reconstruction shall be in accordance with the provisions of this Zoning Code.

(Ord. 1135. Passed 11-26-84.)

1167.04 RESTORATION.

Nothing contained in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of the building or structure declared unsafe by the Village Clerk, or prevent compliance with the lawful requirements of this Zoning Code.

(Ord. 1135. Passed 11-26-84.)

1167.05 EXTENSION.

Existing lawful nonconforming uses may be extended, when authorized by the Village Clerk, subject to the requirements and conditions specified in Section 1125.03.

(Ord. 1135. Passed 11-26-84.)

1169.01 PURPOSE.

The purpose of this chapter is to establish regulations controlling the use of fences, hedges, and walls whereby the lot owner in a residence district may have the privilege of privacy and landscape design within his own lot with due consideration to the environment of his neighbor, the appearance of the community, and the safety of the public and the individual.

(Ord. 96-18. Passed 7-22-96.)

1169.02 SCOPE.

This chapter shall apply to all zoning districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this chapter.

(Ord. 96-18. Passed 7-22-96.)

1169.03 DEFINITIONS.

The word “fence” means any structure composed of wood, iron, steel, shrubbery, hedges or other material erected in such a manner and position as to enclose or partially enclose all or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose all or any part of any premises shall be included within the definition of the word “fence”. Structures erected in close proximity to lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of the word “fence”.

(a) “Privacy fence” means a fence made to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) closed to light or air. Permitted privacy fences are:

(1) “Basket weave or woven fence”: a fence made of interwoven strips or slats of flexible or semi-flexible materials in which the pattern has the appearance of a plaited basket.

(2) “Louver or ventilating fence”: a fence made of a series of slats placed at an angle or point so as to provide air but to deflect light perpendicular to its vertical plane.

(b) “Open ornamental fence” means a fence usually made of wood constructed for its beauty or decorative effect and, when viewed at right angles, having not less than fifty percent (50%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. Permitted open ornamental fences are:

(1) “Rail or split-rail fence”: a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.

(2) “Picket fence”: an open fence made of upright pales of slats.

(c) “Chain link fence” means a fence usually made of metal consisting of loops or wire interconnected in a series of jointed links.

(d) “Barbed wire fence” means a fence made with metal wire having sharp points or barbs along its length.

(e) “Stockade (palisade) fence” means a fence constructed with a row of large pointed stakes placed upright against each other having more than fifty percent of the area of its vertical plane closed to light or air.

(Ord. 96-18. Passed 7-22-96.)

1169.04 PERMITTED FENCES.

Fences shall be permitted in required yards as follows, but in no case shall be constructed closer than ten feet from any neighboring structure unless approved by Council.

(a) Open Ornamental Fences. Shall be permitted in public facilities and all zoning districts.

(1) Front yards. Open ornamental fences may be erected in front yards parallel to the building line to a height not exceeding three and one-half feet; provided, however, that rail or split rail fences may be erected in front yards and being at a minimum of two feet from the common property line but not nearer than two feet to the street right of way.

(2) Side and rear yards. Open ornamental fences may be erected in side and rear yards being at a minimum of two feet from the common property line to a height of not more than six feet.

(b) Chain Link Fences. Shall be permitted in all zoning districts only in rear and side yards. Said fences may be erected at a minimum of two feet from the common property line to a height not exceeding six feet above the natural grade.

(c) Privacy Fences. Shall be permitted in all zoning districts only in rear yards. Such fences shall comply with the yard requirements of permitted accessory building and shall not exceed six feet in height above the natural grade.

(d) Shrubbery or Hedges. Shall be permitted in public facilities and all zoning districts provided they do not encroach upon the abutting property. Responsible owner to maintain shrubbery and grass on both sides of the installation.

(e) Barbed Wire or Stockade (Palisade) Fences. Shall be permitted in the industrial zones only in rear and side yards. Said fences may be erected at a minimum of two feet from the common property line to a height not exceeding six feet.

(f) General. Any fence within ten feet in any direction from a point where any driveway, either on the fence owner’s lot or the adjoining lot, intersects with the sidewalk shall have a minimum of seventy-five percent open area.

(Ord. 96-18. Passed 7-22-96.)

1169.05 SWIMMING POOLS.

Swimming pools located within the corporate limits of the Village shall be surrounded by a fence, not less than six feet in height and all openings, doorways and entrances into said pool area shall be equipped with gates of equal height with said fence, which gates shall be provided with latches. Above ground pools shall have side walls or a fence, or a combination of both, at least six feet in height and openings and entrances shall conform to below ground pool requirements. (Ord. 96-18. Passed 7-22-96.)

1169.06 SIMILAR FENCES.

The Safety/Public Works Director may permit other fences which are similar in character and design to one or more of the fences permitted by this chapter.

(Ord. 96-18. Passed 7-22-96.)

1169.07 CORNER OR THROUGH LOT.

Where a rear or side yard abuts a street or other public rights of way, fences otherwise permitted in side or rear yards shall not extend into required yards, provided however, that this provision shall not prohibit permitted rail or split rail fences erected in such side or rear yards parallel to and not nearer than two feet to the side or rear property line, at a height not to exceed three and one-half feet above the natural grade.

(Ord. 96-18. Passed 7-22-96.)

1169.08 MAINTENANCE.

Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times.

(Ord. 96-18. Passed 7-22-96.)

1169.09 PERMIT.

Any fence which may be permitted shall require the issuance of a permit prior to its erection by the Safety/Public Works Director after an application for same has been approved by him.

(Ord. 96-18. Passed 7-22-96.)

1169.10 INSPECTION.

It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Safety/Public Works Director issuing permits, and said fence is not more than two feet from the property line. The Village shall furnish such inspection as is deemed necessary to determine that said fence is constructed in accordance with plans submitted for permit, provided however, that the issuance of said permit by the Village shall not be construed to mean the Village has determined said fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed herein.

(Ord. 96-18. Passed 7-22-96.)

1169.99 PENALTY.

Whoever violates any provision of this chapter, and upon conviction thereof, shall be guilty of a minor misdemeanor. Each day that such violation continues shall constitute a separate offense. (Ord. 96-18. Passed 7-22-96.)

1170.01 PURPOSE OR INTENT.

(a) Promoting the use of buffering structures or to conceal detracting elements between adjacent or contiguous zoning districts.

(b) Minimizing the possibility of nuisance including potential noise, glare and visual clutter of parking and service areas.

(d) To soften the appearance of building masses and paved areas and reduce generation of heat, run-off and noise level of adjacent neighborhoods.

(Ord. 96-03. Passed 2-26-96.)

1170.02 WHERE REQUIRED.

Screen(s) and buffer(s) shall be provided along the common property line separating all Agricultural and Residential districts from Institutional, Commercial and Industrial zoning districts as well as between residential zoning districts at the discretion of the Planning Commission’s or designee’s plan review. For purpose of definition, designees described in this chapter shall be a committee appointed by the Mayor, consisting of the Mayor, Municipal Director, Safety Service/Public Works Director, Deputy Clerk-Treasurer, Utilities Director, Environmental Compliance Director and Zoning Clerk. Final approval will be given by the Planning Commission. Visual screening and physical separations of zoning districts through open space, fencing and landscaping shall be required. The extent of the application of this effort shall be determined by the degree of compatibility between the uses and the need to promote land use stability based on pre-existing conditions.

(Ord. 96-03. Passed 2-26-96.)

1170.03 SITES AFFECTED.

(a) New Sites. No building permit shall be issued hereafter for any development or the construction of any building, structure or vehicular use except where a screen or buffer plan for such development or construction has been approved as required by the provisions of this chapter.

(b) Existing Sites. No building, structure or vehicular use area shall be constructed or expanded unless the minimum screen or buffer requirement by the provision of this chapter is provided to the property to the extent of its alteration or expansion and not for the entire property of which the alteration or expansion is a part unless the alteration or expansion is substantial. An alteration or expansion to an existing property is substantial when:

(1) In the case of a building or structure expansion which does not involve additional land, the square footage of the alteration exceeds twenty-five percent (25%) of the existing building.

(2) In the case where new land is involved, the new land or the expanded square footage of structure exceeds by twenty-five percent (25%) of the existing site or structure.

(3) Land as used herein includes land used for space, parking or building.

(Ord. 96-03. Passed 2-26-96.)

1170.04 PROCEDURE.

Whenever any property is affected by these buffer and/or screening requirements, or where such plans are a part of an application for rezoning, variance, a conditional use permit or development plan approval, such plans shall be submitted for review to the Planning Commission or designee for review and final approval before a building permit is issued. A public hearing will be held for comment at the regularly scheduled Planning Commission meeting, where final approval may be given at this time. No final approval shall be given to the applicant until all Federal, State and local requirements are met.

(a) Environmental review of the land if required.

(b) Necessary EPA permitting.

(d) Local utility permits to install.

(e) Negotiated traffic concerns with Village; off-street parking facilities included, but not limited.

(Ord. 96-03. Passed 2-26-96.)

1170.05 RESPONSIBILITY.

Provisions for such buffer areas and construction of required screens shall be the responsibility of the property owner or developer introducing the new use as defined by the requirements for screening and buffering within the individual zoning districts. All buffers and screens shall be maintained in a condition reasonably representing the original condition, recognizing growth of natural vegetation, and shall be replaced upon the recommendation of the Building Inspector for the Village as necessary. The property owner shall be responsible for such maintenance and/or replacement of buffer areas and acreens, including but not limited to, appropriate trimming of natural vegetation, painting and general repair. The Building Inspector shall provide a time limit as to when the work (repairs) shall be completed. The property owner may request an extension based upon weather, access to materials or for some other reasons beyond their control. However, if repairs are not completed, there shall be no other issuance of building permits or extended utilities until the end of the matter is resolved.

(Ord. 96-03. Passed 2-26-96.)

1170.06 CONSTRUCTION.

All screens or buffers required or provided shall be constructed of any combination of natural and man-made elements to comply with the height and material requirements of the Zoning Ordinance. All vertical screening elements between incompatible land uses and required within the various zoning districts of the Zoning Ordinance shall be a minimum height of six feet. Natural screens made of vegetation having a mature height greater than six feet may be required in cases where the difference in topography and/or intensity of the two uses being screened merits such action. Either type of screening or buffer shall not obscure traffic visibility within fifty feet or reasonable consideration of an intersection. The height of such screen may be adjusted to prevent limits to visibility that may affect safety.

(a) For the purposes of this chapter, screening and buffer areas shall consist of objects:

(1) Kept in good condition;

(2) Free of advertisements of other signs.

(b) Buffer areas shall be landscaped and screened at the discretion of the Planning Commission or their designee whenever applicable.

(c) Screening materials. For the purpose of screening incompatible land uses, the property owner may utilize any combination of the following: masonry wall, wooden fences, earthen mounds, natural vegetation hedges and plantings, open space or any other material approved by the Planning Commission.

(Ord. 96-03. Passed 2-26-96.)

1170.07 SCREENING AND BUFFER STANDARDS FOR SPECIAL AREAS.

(a) Service Courts and Loading Dock Areas.

(1) For commercial, industrial, office/institutional and community service areas, including access to loading of all these areas, all areas used for service, loading and unloading activities shall be screened along the entire affected lot line to the building setback line, if adjacent to or abutting a residential district. It is the responsibility of the property owner to conduct decibel ratings and propose audible screening. May need to be adjusted, based upon actual screening effect if determined inadequate.

(2) Screening shall consist of walls, fences, natural vegetation or an acceptable combination of these elements. Such standards for special areas shall be presented to the Planning Commission for plan review.

(b) Screening of Trash Container Receptacles. For commercial, community service, industrial, office/institutional and multiple family uses, all trash containers or receptacles shall be screened or enclosed. Trash containers designed to service more than one residential unit or to service a nonresidential structure shall be screened by walls, fences or natural vegetation or an acceptable combination of these elements. Trash containers shall not be located in the front yard building setback and shall be considered the same as loading and access to loading and shall be required to also meet the audible screening section of this chapter and shall be in compliance with the side and rear yard setbacks of the applicable zoning district and have maintained accessible entry to containers. Other requirements regarding screening of receptacles, such as height, will be determined by the Planning Commission or their designee. (Ord. 96-03. Passed 2-26-96.)

1171.01 PURPOSE.

(a) The purpose of this chapter shall be to coordinate the type, placement and physical dimensions of signs within the different zoning districts; to recognize the commercial communication requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and maintenance; to allow for special circumstances; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use and maintenance of signs.

This chapter also encourages the proper development and use of graphic signage systems and to regulate signs and signing systems so as not to endanger the public safety of individuals; confuse, mislead or obstruct the vision necessary for traffic safety; negatively impact property values; or otherwise endanger public health, safety, welfare and morals.

(b) This chapter shall not relate to building design; Nor shall this chapter regulate window displays; official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; product dispensers and point of purchase displays not intended to be viewed from a public right-of-way; scoreboards on athletic fields; flags of any nation, government or noncommercial organization; gravestones; the display of street numbers; or any display or construction not defined herein as a sign.

Thus, the primary intent of this chapter shall be to regulate signs of a commercial nature intended to be viewed from any public right-of-way.

(Ord. 03-21. Passed 12-8-03.)

1171.02 APPLICABILITY; EFFECT.

(a) Conformance Required A sign may be erected, placed, established, painted, created, or maintained in the Village only in conformance with the standards, procedures, exemptions and other requirements of this chapter. The effect of this chapter as more specifically set forth herein, is:

(1) To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this chapter;

(2) To allow certain signs which are small, unobtrusive, and incidental to the use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;

(3) To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

(4) To prohibit all signs not expressly permitted by this chapter; and

(5) To provide for the enforcement of the provisions of this chapter.

(b) General Permit Procedures The following procedures shall govern the application for and issuance of, all sign permits under this chapter.

(1) Applications. All applications for sign permits of any kind shall be submitted to the Village Clerk on an application form or in accordance with application specifications published by the Clerk.

(2) Fees. Each application for a sign permit shall be accompanied by the applicable fee, which shall be established by the governing body of the Village from time to time by resolution.

(3) Action. Within seven days of the submission of a complete application for a sign permit, the Clerk shall either:

A. Issue the sign permit, if the sign(s) that is (are) the subject of the application conforms in every respect with the requirements of this chapter;

B. Reject the sign permit if the sign(s) that is (are) the subject of the application fails in any way to conform with the requirements of this chapter. In case of rejection, the Clerk shall specify in the rejection the section or sections of this chapter with which the sign is inconsistent.

(Ord. 01-04. Passed 3-26-01.)

1171.03 DEFINITIONS AND INTERPRETATIONS.

Words and phrases in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined elsewhere in the Zoning Ordinance of the Village shall be given the meanings set forth in the Zoning Ordinance. Methods for computing sign height and sign area are contained in this chapter. All other words and phrases shall be given their common, ordinary meaning unless the context describes otherwise.

(a) “Animated Sign” means any such sign that uses movement or change of lighting to depict action or create a special effect or scene.

(b) “Banner” means any sign of lightweight fabric or similar material that is temporarily mounted to a pole or building by a temporary frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Banners shall not be hung across any public right-of-way.

(c) “Billboard”means a sign which directs attention to a business, commodity, service, or entertainment, conducted, sold or offered at a location other than the lot or premises on which the sign is located.

(d) “Building Marker” means any sign indicating the name of a building and date and incidental information about its construction in which sign is cut into a masonry surface or made of bronze or other permanent material.

(e) “Building Sign” means any sign attached to any part of a building, as contrasted to a freestanding sign. (See also Wall Sign.)

(f) “Central Commercial District Sidewalk Signs” are temporary sidewalk signs which may be located on the sidewalk or tree lawn in front of a business establishment in the central commercial district which shall be inclusive of the area between Second & Fourth Street (south to north) and Sugar to Grant (west to east).

(g) “Changeable Copy Sign” means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than three times per day shall be considered an animated sign and not a changeable copy sign for the purpose of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a changeable copy sign for the purpose of this chapter. Freestanding changeable copy signs shall be prohibited, however, hanging changeable copy signs upon the same pole as the business sign are permitted.

(h) “Colors” not more than four colors, including black and white, can be used in any sign.

(i) “Commercial Message” means any sign working, logo, or other representation that directly names, advertises, or calls attention to a business, product, service, or other commercial activity.

(j) “Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

(k) “Incidental Sign” means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as “no parking”, “entrance”, “loading only”, “telephone”, and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

(l) “Free Standing Sign” means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(m) “Lettering”. There shall not be more than two styles (fonts) of lettering and more than three sizes used included characters and trademarks.

(n) “Lighting”. Internally illuminated signs shall be constructed to allow the illumination of only letters, numbers or other identifying symbols on the surface. External illumination shall be installed so that the light source is not visible. The external light source shall be directed at the sign only. Light trespass is prohibited.

(o) “Marquee” means any permanent roof like structure projecting beyond a building or extending along the projecting beyond the wall of a building, generally designed and constructed to provide from the weather. (See also Canopy or Awning.)

(p) “Nonconforming Signs” means any sign that does not conform to the requirements of this chapter.

(q) “Off Premise Outdoor Signs” means a sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premise and/or property upon which the sign is located. Any sign shall be a minimum of one hundred and fifty feet (150’) from any R District.

(r) “On Premise Sign” a sign which advertises the primary goods or services sold or taking place upon the premise on which the sign is located.

(s) “Pennant” means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

(t) “Portable Sign” means any sign not permanently attached to the ground or other permanent legal structure, or sign designed to be transported, including, but not limited to: signs designed to be transported by the means of wheels; signs converted to A or T frames; menu and sandwich boards signs used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operations of the business. The portable sign shall be considered a temporary sign for the purpose of this chapter. All portable signs shall be approved by the Safety-Service Director and the Clerk shall keep plans on file. (See Central Commercial District Sidewalk Signs.)

(u) “Projecting Sign”. Projecting signs from buildings or structures shall not project beyond a point within six feet of a line drawn perpendicularly upward from the curb line, and no projecting sign shall, at the lowest point, be less than twelve feet above sidewalk level. The supports and attachments on projecting signs shall be securely attached to a building or structure by metal bolts, anchors, supports, chains, wire ropes, or steel rods. No steel or nails shall be used to secure any projecting sign to any building or structure. Wind loads and sign supports shall be the responsibility of the Owner. Village of Ottawa may require a hold harmless clause in certain instances depending on proximity on the public right-of-way.

(v) “Residential Sign” means any sign located in a residential area that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the Zoning Ordinance. A residential sign can be displayed for two weeks, one time per year. (Example: garage sale sign.)

(w) “Sign”. A sign shall include any writing (including any work or numeral); pictorial representation (including illustration and decoration); emblem (including device, symbol or trademark); flag (including banner or pennant); or any other figures or characters which:

a. Is a structure or any part thereof, or is attached to, painted on, or any other manner represented on a building or other structure, and

b. Is used to announce, direct attention to, or advertise; and

c. Is visible from outside a building. A sign shall not include writing representation or other figures of similar character within a building.

(1) Real Estate – a sign advertising the sale, rental or lease of the premises on which it is maintained, including a subdivision sign. May be moved at the discretion of the Village of Ottawa’s Chief of Police, Street Commissioner, Safety-Service Director or by letter from the Village Clerk. (See Section 1171.05 (g)).

(2) Instructional – a sign conveying instructions with respect to the premises on which it is maintained, such as a sign designating the entrance to or exit from a parking area, a trespassing sign, a danger sign, and similar signs.

(3) Professional – a sign indicating the name and occupation of a professional person or group of associated professional persons.

(4) Identification – a sign other than a bulletin board sign indicating the name of a permitted use, the name or address of a building, or the name of the management thereof.

(5) Nameplate – a sign indicating the name and address of an occupant.

(6) Announcement – a sign of temporary character indicating the names of persons associated with, or events conducted upon, the premises upon which the sign is maintained.

(7) Business – a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premise.

(8) Wall – a sign erected against the wall of any building with the exposed face thereof in a plane parallel to the plane of the wall, and which sign is mounted at a distance, measured perpendicular to such wall, no greater than eighteen inches. A wall shall include a sign suspended from the ceiling of a marquee, canopy or vestibule where such sign does not project into the street right- of-way.

(9) Projecting Yard – a sign erected approximately perpendicular to the wall of a building, including a sign erected at the corner of a building and projecting into an open space or yard but not projecting into the right-of-way of any street, sidewalk, alley or other public thoroughfare.

(10) Ground – a detached sign erected upon or supported by the ground.

(11) Canopy or Awning – a sign other than a projecting sign designated on a canopy or awning and identifying the name or address of a building or an establishment contained herein.

(12) Flashing – signs, lights, beacons, or displays that flash, revolve, or otherwise move or change, more than twelve times per minute, or that by their color, brilliance, operations, or other characteristics startle, confuse or distract operators of motor vehicles while driving.

(x) “Temporary Sign” means any sign that is used only temporarily and is not permanently mounted.

(y) “Traffic Visibility” no signs shall be erected in any manner as to interfere with vehicle and/or pedestrian safety.

(z) “Window Sign” means a sign or signs erected on or against an exterior window provided that it is not offensive, inflammatory or obscene. Shall not take up more than twenty-five percent (25%) of available window space.

(Ord. 03-21. Passed 12-8-03.)

1171.04 SIGNS IN THE PUBLIC RIGHT OF WAY.

No signs shall be allowed in the public right of way, except for the following:

(a) Permanent Signs. Permanent signs, including: Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(1) Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and

(2) Awning, projecting, and suspended signs projecting over a public right of way in conformity with above mentioned definitions.

(b) Emergency Signs. Emergency Warning Signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right of way.

(c) Other Signs Forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Village shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

(Ord. 01-04. Passed 3-26-01.)

1171.05 SIGNS EXEMPT FROM REGULATION.

The following signs shall be exempt from regulation under this chapter:

(a) Construction Signs. One construction sign per construction project not exceeding thirty-two square feet in sign area, provided that such signs shall be erected upon approval of plans, shall be confined to the site of construction and shall be removed ten days after completion or prior to occupancy.

(b) Governmental Signs. Governmental signs for the control of traffic and other regulatory purposes, street signs, danger signs, and signs of public service companies indicating danger and aids to service or safety which are erected by the public order of a public officer in performance of his public duty.

(c) Holiday Signs and Decorations. Signs and decorations clearly incidental, customary and commonly associated with any national, local or religious holiday, provided that such signs and decorations shall be displayed for a period of not more than sixty consecutive days and not contain any commercial message or identification.

(Ord. 01-04. Passed 3-26-01.)

(d) Political and Campaign Signs. Political and campaign signs on behalf of candidates for public office or measures or issues that will appear on election ballots which are placed on private property with the permission of the owner.

(1) No such sign shall be placed or erected in the public rights of way.

(Ord. 03-21. Passed 12-8-03.)

(e) Public Notices. Official notices posted by public officers or employees in the performance of their duties.

(f) Public Signs. Signs required or specifically authorized for a public purpose by any law, statute or ordinance, which may be of any type, number, area, height, above grade, location, illumination or animation, required by the law, statute or ordinance under which the signs are erected.

(g) Real Estate Signs. One real estate sign (single or double faced) on any lot or parcel, provided that the sign is located entirely within the property to which the sign supplies, is not illuminated, does not exceed six square feet in area and is removed within seven days after the sale, rental or lease has been consummated. One additional sign will be permitted where a premises has in excess of 300 feet of frontage or where a premises fronts on two streets.

(Ord. 01-04. Passed 3-26-01.)

1171.06 DESIGN, CONSTRUCTION, AND MAINTENANCE.

All signs shall be designed, constructed, and maintained in accordance with the following standards:

(a) All signs shall comply with applicable provisions of the State Building Code.

(b) Except for banners, pennants, flags, and temporary signs, conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(c) All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. All maintenance and placement concerns may be addressed directly by the Safety-Service Director, Chief of Police and/or the Street Commissioner. Should non-compliance persist, a certified letter shall be sent to the property owner or responsible party. The Clerk’s Office shall be responsible for sending official notice.

(d) Any sign not specifically mentioned or defined shall be reviewed and approved by the Planning Commission.

(e) Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction of (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, which ever is lower. No sign shall be more than twenty-five feet (25’) high. Freestanding signs near intersections shall be a minimum of eight feet (8’) from grade level.

(f) Each sign plan shall have a landscape design submitted with the permit application. The landscaping shall be approved by the Safety-Service Director.

(g) All signs shall have a minimum setback of ten feet (10’) from the edge of the public right-of-way to the front or side edge of the sign.

(Ord. 01-04. Passed 3-26-01.)

1171.07 PERMITS REQUIRED.

(a) If a sign requiring a permit under the provisions of this chapter is to be placed, constructed, erected, moved, renovated, remodeled, or modified on any lot, the owner shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Section 1171.02(b).

(b) No signs shall be erected in the public right-of-way except in accordance with Section 1171.04 and the permit requirements in Section 1171.02(b).

(c) No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this chapter.

(Ord. 01-04. Passed 3-26-01.)

1171.08 SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT PERMITS.

(a) Signs shall be allowed on private property in the Village in accordance with, and only in accordance with, Table A. If the Letter “P” appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by the column. If the letter “S” appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by the column; special conditions may apply in some cases. If the Letter “N” appears for a sign type in a column, such sign is not allowed in the zoning districts represented by that column under any circumstances. If the Letter “C” appears the sign shall be reviewed and either approved or denied by the Planning Commission at a regularly scheduled meeting.

(b) Although permitted under the previous paragraph, a sign designated “S” or “P” in Table A shall be allowed only if:

(1) The sum of the area of all building and freestanding signs on the zone lot conforms with the maximum permitted sign area as determined by the formula for the zoning district in which the lot is located as specified in Table B.

TABLE A - PERMITTED SIGNS BY TYPE AND ZONING DISTRICT

Sign Type	R-1	R-2	R-3	INS	B-1	B-2	B-3	I-1	I-2
Animated	N	N	N	N	N	N	N	N	N
Banner	N	N	N	S	S	S	S	S	S
Building Marker	P	P	P	P	P	P	P	P	P
Changeable Copy	N	N	N	S	S	S	S	N	N
Incidental	P	P	P	P	P	P	P	P	P
Free Standing	S	S	S	S	S	S	S	S	S
Marquee	N	N	N	N	S	S	S	N	N
Off Premises*	C	C	C	C	C	C	C	C	C
Pennant	N	N	N	N	S	S	S	N	N
Portable	S	S	S	S	S	S	S	S	S
Projecting	N	N	N	N	S	S	S	S	S
Real Estate	P	P	P	P	P	P	P	P	P
Instructional	P	P	P	P	P	P	P	P	P
Professional	S	S	S	S	S	S	S	S	S
Identification	S	S	S	S	S	S	S	S	S
Nameplate	P	P	P	P	P	P	P	P	P
Business	N	N	N	N	S	S	S	S	S
Wall	N	N	N	S	S	S	S	S	S
Canopy/Awning	N	N	N	N	S	S	S	N	N
Flashing	N	N	N	N	N	N	N	N	N
Window	S	S	S	S	S	S	S	S	S
Other	C	C	C	C	C	C	C	C	C

Legend:

P = Allowed without Sign Permit;

N = Prohibited;

S = Allowed only with Sign Permit;

C = Review by Planning Commission.

INS = Does not represent a zoning district; Applies to institutional uses permitted under the zoning ordinance in residential zoning districts. Such uses may include, but not limited to, churches, schools, funeral homes and cemeteries.

* = Off premise signs shall be erected a minimum of one hundred and fifty feet (150') from any R District.

TABLE B - MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICT

R-1	R-2	R-3	INS	B-1	B-2	B-3	I-1	I-2	A-1
10	10	200	150	100	800	2500	2000	400	100

Flags shall not exceed sixty square feet (60 s.f.) and shall not be flown from a pole higher than forty feet (40').

(Ord. 01-04. Passed 3-26-01.)

1171.09 PERMITS TO CONSTRUCT OR MODIFY SIGNS.

Signs identified as “P” or “S” in Section 1171.08, Table A. shall be erected, installed, or created only in accordance with a duly issued and valid sign construction permit from the Clerk. Such permits shall be issued only in accordance with the following requirements and procedures.

(a) Permit for New Sign or for Sign Modification. An application for construction creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign. One application and permit may include multiple signs on the same zone lot.

(b) Maintenance of Sign Permit. The owner of a zone lot containing sign requiring a permit under this chapter shall at all times maintain in force a sign permit for such property. Sign permits shall be issued for individual zone lots.

(c) Lapse of Sign Permit. A continuing sign permit shall lapse automatically if not renewed or if the business license for the premises lapses, or is revoked. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 180 days or more and is not renewed within thirty days of a notice from the city to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.

(d) Assignment of Sign Permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the Clerk may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

(Ord. 01-04. Passed 3-26-01.)

1171.10 TEMPORARY SIGN PERMITS.

Temporary signs shall be allowed only upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements:

(a) Term. A temporary sign permit shall allow the use of a temporary sign for a specified thirty day period.

(b) Number. Only one temporary sign permit shall be issued to the same business, institution, organization, or individual on the same zone lot in any calendar year.

(c) Other Conditions. A temporary sign shall be allowed only in districts with a letter “S” for “Temporary Signs” in Section 1171.08, Table A and is subject to all of the requirements for temporary signs as noted therein.

(Ord. 01-04. Passed 3-26-01.)

1171.11 TIME COMPLIANCE; NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS.

(a) A sign which was in existence on or before March 26, 2001, and which is nonconforming to the requirements of this chapter by reason of its size, height, location, design, or construction shall be grandfathered under this chapter by applying for and being issued a sign permit, except for temporary signs which is covered by the following paragraph.

(b) Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this chapter or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this chapter. (Ord. 01-04. Passed 3-26-01.)

1171.12 OFF-PREMISES SIGNAGE.

(a) No temporary or permanent signage shall be permitted to be placed off-premises except as specified in subsection (b) through (d) hereof and no temporary or permanent signage shall be permitted to be placed in any Village right of way.

(b) In addition to any permitted on-premises signage, no more than two temporary signs may be placed off-premises on private property with the permission of the owner or person having the right to possession of the property, for those temporary sign functions specified in Chapter 1171 and such temporary off-premises signs shall conform to all applicable specifications for permitted on-premises signage set forth in Chapter 1171.

(c) In addition to any permitted on-premises signage, an unlimited number of temporary signs may be placed off-premises on private property with the permission of the owner or person having the right of possession of the property, for temporary election signs as specified in Section 1171.05(d). Such temporary off-premises election signs shall conform to all applicable specifications for permitted on- premises signage set forth in Section 1135.07.

(d) Upon application to the Planning Commission, the Planning Commission may approve a special permit for permanent off-premises commercial signage, if the applicant proves all of the following to the satisfaction of the Planning Commission:

(1) A substantial negative impact on the viability of the commercial enterprise is created by the lack of off-premises signage;

(2) Because of the unusual nature of the location of the premises;

(3) As related to the type of commercial enterprise conducted on or proposed for the premises.

(Ord. 03-21. Passed 12-8-03.)

1171.13 PLANNING COMMISSION POWERS AND DUTIES.

(a) Generally. The Planning Commission shall have the power and duty to:

(1) Hear and decide appeals by the sign permit applicant from a decision of the Village Clerk denying, or failing to grant a sign permit within thirty days of application;

(2) Hear and decide appeals of determination by the Safety-Service Director that a sign must be removed for noncompliance with this chapter;

(3) Hear and decide appeals with petition for variance as set forth in this chapter;

(b) Appeals.

(1) Appeals without petition for variance. In appeals to the Planning Commission from decisions of the Safety-Service Director denying a sign permit in connection with which no petition for variance has been filed, the Commissions scope of review shall be limited to determining whether or not the Safety-Service Director’s decision is in accordance with the requirements of this chapter and accordingly, affirm or reverse the Safety-Service Director’s decision. If the Safety-Service Director’s decision is reversed, the Commission shall direct the Clerk to issue the permit within five days in accordance with its decision.

(2) Appeals with petition for variance. Appeals with petition for variance shall be heard by the Planning Commission.

(1) Petitions for variances. Petitions for variances shall be submitted to the Village Clerk on a petition form in accordance with specifications published by the Clerk.

(2) Fees. Each petition for a variance shall be accompanied by the application fee, which shall be established by the Village Council from time to time by ordinance.

(3) Action. Within sixty days from the submission of petition for variance, the Planning Commission shall either grant the petition and rule that the Clerk issue the permit within seven days or reject the petition in entirety.

(Ord. 01-04. Passed 3-26-01.)

1171.14 BILLBOARDS.

(a) Size. The maximum allowable size for a billboard is "poster" size which is 11' x 22'.

(b) Placement.

(1) Billboards are permitted to be located along premises officially designated as a federal or state highway. It is unlawful for any person to construct, install, or place a billboard on top of a building or in residential zone or other zones that are predominantly residential.

(2) Billboards must be located no closer than 250 feet apart to include both sides of said federal or state highway within the downtown business district which is defined as the area between Sugar and Cox Streets between Second and Fourth Streets. Within the Village corporation limits along federal or state highways; billboards must be located no closer than 1,320 feet apart to include both sides of the highway.

(3) No billboard or part of any billboard shall encroach on or into the right-of-way.

(c) Variances. Any person needing a variance for the construction, installation or placement of a billboard shall be directed to Council rather than the Planning Commission as directed in Section 1125.04 of the Codified Ordinances. .

(d) Lighting. All billboard lighting must be directionally controlled.

(Ord. 18-13. Passed 7-23-18.)

1171.99 PENALTY.

(a) Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter and the Zoning Ordinance:

(1) To install, create, erect, or maintain any sign in a way that is inconsistent with permit governing such sign or the zone lot on which the sign is located;

(2) To install, create, erect, or maintain any sign requiring a permit without such a permit;

(3) To install, create, erect, or maintain any sign in a way that is inconsistent with any permit governing such sign or the zone lot on which sign is located;

(4) To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; or

(5) To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalties set forth of this chapter.

(b) Violations of the provisions of this chapter of failure to comply with any of its requirements shall constitute a misdemeanor of the fourth degree. Any person who violates this chapter or fails to comply with any of its requirements (including violations of conditions of and safeguards established in connection with conditions) shall upon conviction thereof be fined or imprisoned as provided by the laws of the State of Ohio. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Ottawa from taking such other lawful action as is necessary to prevent or remedy any violations.

(Ord. 01-04. Passed 3-26-01.)

1173.01 PURPOSE.

In recognition of the quasi-public nature of cellular and/or wireless personal communication systems, it is the purpose of these regulations as set out herein in Sections 1173.01 through 1173.06, and known as "Cellular or Wireless Communications Systems," to provide for the construction and use of Wireless Telecommunication Facilities in the Village. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (47 U.S.C. §§151 et. seq.) and the interests of the Village in regulating Wireless Telecommunication Facilities for the following reasons:

(a) To accommodate the need for Cellular or Wireless Communications Towers and facilities for the provision of personal wireless services while regulating their location and number in the Village;

(b) To minimize adverse visual effects of communications towers and support structures through proper site plans, design and screening;

(d) To encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future;

(e) To provide for the orderly development of the Village;

(f) To protect property values;

(g) To maintain the aesthetic appearance of the Village, including, but not limited to its unique residential character, historic character, unobstructed open spaces and attractive commercial/office areas;

(h) To promote the Collocation of Wireless Telecommunications Facilities in order to decrease the total number of Towers in the Village;

(i) To provide for and protect the health, safety and general welfare of the residents and visitors of the Village;

(j) To maintain, where possible, the integrity of the existing zoning regulations contained in this Planning and Zoning Code.

(Ord. 15-02. Passed 2-23-14.)

1173.02 DEFINITIONS.

The following definitions shall apply to this chapter:

(a) "Personal Wireless Services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

(b) "Cellular Communication Services" means personal communications accessed by means of cellular equipment and services.

(c) "Cellular or Wireless Communications Antenna" shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips and other equipment utilized to serve personal communication services.

(d) "Cellular or Wireless Communications Site" shall mean a tract, lot or parcel of land that contains the Cellular or Wireless Communications Tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission.

(e) "Cellular or Wireless Communications Support Structure" shall mean any building or structure accessory to, but necessary for the proper functioning of the Cellular or Wireless Communications Antenna or tower.

(f) "Cellular or Wireless Communications Tower" shall mean any freestanding structure used to support a Cellular or Wireless Communications Antenna.

(g) "Cellular or Wireless Communications Tower, Height of" shall mean the height from the base of the structure to its top; including any antenna located thereon.

(Ord. 15-02. Passed 2-23-14.)

1173.03 USE REGULATIONS.

The following use regulations shall apply to Cellular or Wireless Communication Antennas and Towers.

(a) A Cellular or Wireless Communications Antenna that is mounted to an existing communications tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower or other similar tall structure, shall be permitted as of right in all zoning districts. Cellular or Wireless Communications Antennas may also be located on the tops of buildings which are no less than fifty (50) feet in height.

Any Cellular or Wireless Communications Antenna that is mounted to an existing structure as indicated above shall be painted a color which matches, or is compatible with, the structure on which it is located.

(b) A Cellular or Wireless Communications Antenna that is not mounted on an existing structure or is more that fifteen (15) feet higher than the structure on which it is mounted, is permitted in all zoning districts, with the exception of any single family (R-1) or multi-family zoning district (R-2) and (R-3), as a conditional use.

(c) All other uses accessory to the Cellular or Wireless Communications Antenna and towers including but not limited to business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the Cellular or Wireless Communications Antenna and/or tower is located.

(d) Cellular or Wireless Communications Sites shall not be located in any single family or multi-family residential zoning district nor shall they be located any closer to any residential zoning district than as follows:

(1) Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district.

(2) Cellular or wireless communication towers less than 150 feet in height shall be located no closer than 750 feet to any residential zoning district.

(3) Cellular communicating towers 150 feet in height and greater shall be located no closer than 1000 feet to any residential zoning district.

(Ord. 15-02. Passed 2-23-14.)

1173.04 STANDARDS OF APPROVAL FOR CONDITIONAL CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.

The following standards shall apply to all conditionally permitted Cellular or Wireless Communications Antennas and towers:

(a) The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system.

(b) If the communications company proposes to build a Cellular or Wireless Communications Tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within a one (1) mile radius of the site proposed, asked for permission to install the cellular communications antenna on those structures, and was denied for reasons other than economic ones. "Tall structures" shall include, but not be limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, antenna support structures of other cellular or wireless communications companies, other communication towers and roadway light poles.

The Village may deny the application to construct a new Cellular or Wireless Communications Tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

(Ord. 15-02. Passed 2-23-14.)

1173.05 STANDARDS OF APPROVAL OF ALL CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.

(a) Antenna/Tower Height. The applicant shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved.

(b) Setbacks from the Base of the Tower. If a new Cellular or Wireless Communications Tower is to be a constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be the greater of the following:

(1) Forty (40) percent of the tower height;

(2) The minimum setback in the underlying zoning district; or

(3) Fifty (50) feet.

(c) Cellular or Wireless Communications Tower Safety. The applicant shall demonstrate that the proposed Cellular or Wireless Communications Tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. Furthermore, all Cellular or Wireless Communications Towers shall be fitted with anti-climbing devices as approved by the manufacturers.

(d) Fencing. A fence shall be required around the Cellular or Wireless Communications Tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight (8) feet in height and shall be erected to prevent access to non- authorized personnel.

(e) Landscaping. The following landscaping shall be required to screen as much of the support structures as possible, the fence surrounding the cellular or wireless communication tower, support structure(s) and any other ground level features and, in general, soften the appearance of the Cellular or Wireless Communications Site. The Village may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.

Any freestanding Cellular or Wireless Communications Tower shall incorporate landscaping which includes trees, shrubs and other landscaping vegetation that is subject to review and is acceptable to the Zoning Board. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(f) Limiting the Number of Cellular or Wireless Communications Towers. In order to reduce the number of antenna support structures needed in the Village in the future, the proposed Cellular or Wireless Communications Tower shall be required to accommodate other uses, including other cellular or wireless communications companies, and the local police and fire departments.

(g) Licensing. The communications company must demonstrate to the Village that it is licensed by the Federal Communications Commission (FCC).

(h) Required Parking. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.

(i) Appearance. Cellular or Wireless Communications Towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or Wireless Communications Towers shall meet all Federal Aviation Administration (FAA) regulations. No Cellular or Wireless Communication Tower may be artificially lighted except when required by the FAA. Furthermore, no Cellular or Wireless Communication Tower or antenna shall contain any signage containing a commercial message.

(j) Site Plan Required. A full site plan shall be required for all proposed Cellular or Wireless Communications Sites, at a scale of 1 inch to 100 feet (1"-100'), indicating, as a minimum, the following:

(1) The total area of the site.

(2) The existing zoning of the property in question and of all adjacent properties.

(3) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

(4) Existing topography with a maximum of five (5) foot contours intervals.

(5) The proposed finished grade of the development shown by contours not exceeding five (5) foot intervals.

(6) The location of all existing buildings and structures and the proposed location of the Cellular or Wireless Communications Tower and all Cellular or Wireless Communications Support Structures including dimensions, heights, and where applicable, the gross floor area of the buildings.

(7) The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

(8) All existing and proposed sidewalks and open areas on the site.

(9) The location of all proposed fences, screening and walls.

(10) The location of all existing and proposed streets.

(11) All existing and proposed utilities including types and grades.

(12) The schedule of any phasing of the project.

(13) A written statement by the cellular or wireless communications company as to the visual and aesthetic impacts of the proposed cellular communications tower on all adjacent residential zoning districts.

(14) Any other information as may be required by the Planning Commission to determine the conformance with this Zoning Code. Upon submission of a complete application for site plan review to the Planning Commission, the application shall be transmitted to the Planning Commission where they shall review the site plan to determine if it meets the purpose and requirements as established in this section for the zoning district where the proposed Cellular or Wireless Communications Site is located and of any other applicable section of the Zoning Code.

(Ord. 15-02. Passed 2-23-14.)

1173.06 MAINTENANCE AND REMOVAL.

Any owner of property used as a Cellular or Wireless Communications Site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any Cellular or Wireless Communications Tower that has discontinued its service for a period of three (3) continuous months or more shall be removed, along with all accessory structures related thereto. "Discontinued" shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which had occurred.

(a) Removal Period. All Cellular or Wireless Communications providers utilizing towers or existing structures shall present a report to the Planning Department, notifying the Village of any tower facilities or facilities on or in existing structures located in the Village if the use will be discontinued and the date this use will cease. It shall be the responsibility of the property owner and/or service provider to remove the tower, antennas, buildings, and any associated equipment within three months of discontinuing telecommunications operations. The site and/or structure shall then be returned to its condition prior to the construction of the telecommunications towers/facilities.

(b) Declaration of Abandonment. If at any time the use of said towers and facilities of wireless and cellular telecommunications has ceased for three months, but has not been removed by the owner/service provider during that time, the Village may declare said facilities abandoned and a public nuisance (this excludes the dormancy period between construction and the initial use of the facility). The facility's owner/service provider will receive written notice from the Village, and be instructed to either reactivate the facility within thirty days or dismantle and remove the facility.

(c) Property Owner Responsible for Demolition. The owner of the Cellular or Wireless Communications Site shall be responsible for the removal of the Cellular or Wireless Communications Tower and Support Structures, including concrete, asphalt, and any other building materials. The removal shall occur within sixty (60) days of the abandonment of the Cellular or Wireless Communications Tower and Support Structures. The removal shall be at the property owner's expense. This provision does not impact any contractual agreement between the owner of the Cellular or Wireless Communications Site and the Cellular or Wireless Communications Company.

(d) Demolition. If reactivating or dismantling of said facility does not occur within the sixty (60) day reactivating/removal period, the Village may order the demolition of the tower and related facilities, pursuant to the Village's demolition ordinances. The Village may employ any legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction to remove the tower and facilities and after removal place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposing of the facilities, including court costs and reasonable attorney fees.

(Ord. 15-02. Passed 2-23-14.)

1174.01 PURPOSE.

The purpose of this Small Cell Design Guideline chapter is to:

(a) Protect the public health, safety and general welfare of the residents of the Village of Ottawa, Ohio;

(b) Preserve the character of the Village’s residential, business and historic districts, and protect property values;

(c) Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of small cell facilities; and

(d) To exercise The Village of Ottawa’s home rule authority and, to the extent legally permitted, not to conflict with or preempt applicable state and Federal laws. (Ord. 20-03. Passed 3-9-20.)

1174.02 DEFINITIONS.

(a) For the purpose of this chapter, and the interpretation and enforcement hereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:

(1) “Abandoned” means any Small Cell Facility or Wireless Support Structure that is unused for a period of one hundred eighty (180) days without the Operator otherwise notifying the Village and receiving Village approval.

(2) “Antenna” means communications equipment that transmits or receives radio frequency signals in the provision of wireless service.

(3) “Accessory Equipment” means equipment used in conjunction with a Small Cell Facility and generally at the same location as, or in proximity to, the Small Cell Facility including, but not limited to, electric meters, concealment elements, telecommunications, demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs.

(4) “Applicant” means any person or entity who submits an Application pursuant to this chapter.

(5) “Application” means building permit form, and when applicable an additional floodplain development form, submitted to obtain approval to construct and or install a Small Cell Facility and/or to construct, modify or replace a Small Cell Wireless Support Structure.

(6) “Collocation” or “Collocate” means to install, mount, maintain, modify, operate, or replace wireless Facilities on a Wireless Support Structure.

(7) “Decorative Pole” means a pole, arch, or structure other than a street light pole placed in the Right-of-Way to specifically be designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following (a) electric lighting: (b) specially designed informational or directional signage; (c) temporary holiday or special event attachments.

(8) “Design Guidelines” means those detailed design guidelines, specifications and examples adopted by the Village Council pursuant to Chapter 1174 for the design and installation of Small Cell Facilities and Wireless Support Structures, which are effective insofar as they do not conflict with Federal and state law, rule and regulations.

(9) “Facilities Operator” means the person or entity responsible for the installation, operation, maintenance, replacement, and modification of Small Cell Facilities, Accessory Equipment and Wireless Support Structures. Facilities Operator includes:

A. Operators;

B. Applicants who applied for consent to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a new Wireless Support Structure pursuant to Ohio Revised Code Section 4939.031(E) and who have obtained a Small Cell Use Permit; and

C. Applicants who applied for consent to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a new Wireless Support Structure pursuant to Ohio Revised Code Section 4939.033 and who have obtained a Small Cell Building Permit from the Village.

(10) “Operator” means a wireless service provider, cable operator, or video service provider that operates a Small Cell Facility and provides wireless service, including a wireless service provider, cable operator, or a video service provider that provides information services as defined in the “Telecommunications Act of 1996,” 110 Stat. 59, 47 U.S.C.153(20), and services that are fixed in nature or use unlicensed spectrum.

(11) “Public Way” or “Right-of-Way” means the surface of, and the space within, through, on, across, above or below, any public street, public road, public highway, public lane, public path, public alley, public court, public sidewalk, public parkway, public drive public easement, and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the Village or other public entity or political subdivision.

(12) “Small Cell Facility” means a wireless facility that meets both of the following requirements:

A. Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than six (6) cubic feet in volume; and

B. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications, demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(13) “Wireless Facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

A. Equipment associated with wireless communications;

B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

C. The term does not include any of the following:

i. The structure or improvements on, under, or within which the equipment is collocated;

ii. Coaxial or fiber-optic cable that is between Wireless Support Structures or Utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(14) “Wireless Support Structure” means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot (15) or taller sign pole, or utility pole capable of supporting Small Cell Facilities.

(15) “Wireless Backhaul Facility” means a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.

(Ord. 20-03. Passed 3-9-20.)

1174.03 GENERAL REQUIREMENTS.

(a) The following General Requirements shall apply to all Small Cell Facilities and Wireless Support Structures proposed within the Village of Ottawa right-of-way.

(1) No person shall occupy or use the right-of-way except in accordance with law.

(2) In occupying or using the right-of-way, no person shall unreasonably compromise public health, safety, or welfare.

(3) No person shall occupy or use the right-of-way by installing a Small Cell Facility and/or Wireless Support Structure unless proposed development is compliant with this ordinance, Chapter 1174, and all applicable local, state and Federal laws.

(4) Facilities shall not be installed in any location that causes any interference with the Village’s public safety radio system, traffic and emergency signal light system or other Village safety communications systems or system components.

(5) The Village may propose an alternative location for proposed facilities up to one hundred (100) feet from the proposed location or within a distance that is equivalent to the width of the public way, whichever is greater. The Facilities Operator shall utilize the alternative location unless the Facilities Operator can prove the alternative location is not technically feasible.

(6) Pursuant to Ohio Revised Code Section 4939.0312, an Applicant may file one consolidated application for up to thirty (30) individual Small Cell Facilities or up to thirty (30) individual Wireless Support Structures, as long as the facilities or structures for which consent is requested are substantially similar.

A. Small Cell Facilities shall be considered substantially similar when the Small Cell Equipment is identical in type, size, appearance and function.

B. Wireless Support Structures shall be considered substantially similar when the Wireless Support Structures are identical in type, size, appearance and function and are to be located in a similar location.

C. Applications for Small Cell Facilities and Wireless Support Structures cannot be commingled. An application filed for multiple facilities or support structures must be either for up to thirty (30) Small Cell Facilities or for up to thirty (30) Wireless Support Structures.

(7) The Village may, at its discretion, require separate applications for any number of proposed Small Cell Facilities or Wireless Support Structures, should they not be substantially similar.

(8) Facilities shall not interfere with existing or planned street trees.

(Ord. 20-03. Passed 3-9-20.)

1174.04 APPLICATION REQUIREMENTS AND TERMINATION.

(a) The applicant must submit the following documentation with each application:

(1) A completed Village of Ottawa building permit form including the identity, legal status and federal tax identification number of the applicant who owns or will own the small cell facility or wireless support structure, as well as all affiliates and agents of the applicant that will use or be, in any way, responsible for the facilities;

(2) The name, address, and telephone number of the local officer, agent, or employee responsible for the accuracy of the application, to be notified in case of emergency;

(3) Fully dimensional, scaled site plan, no smaller than one-inch equals forty (40) feet, including the following:

A. The exact proposed location of the facilities in the right-of-way;

B. All existing facilities with all existing transmission equipment;

C. The location of any ground-mounted small cell facilities;

D. The location of small cell facilities on a wireless support structure;

E. The design and appearance of a wireless support structure.

F. The location of all overhead and underground public utilities, telecommunications, cable, water, sanitary sewer, and storm water drainage utilities in the public right-of-way within one hundred (100) feet surrounding the proposed facilities;

G. The legal property boundaries within one hundred (100) feet surrounding the proposed facilities;

H. Indication of distance between the facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within one hundred (100) feet surrounding the proposed facilities; and,

I. Access and utility easements within one hundred (100) feet surrounding the proposed facilities.

J. The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening and landscaping.

(4) Elevation drawings (scale no smaller than one-inch equals ten (10) feet of the proposed facility;

(5) Structural calculations prepared, stamped and signed by an engineer licensed and registered by the State of Ohio showing that the wireless support structure can accommodate the weight of the proposed small cell equipment;

(6) Analysis demonstrating that the proposed facilities do not interfere with the Village’s public safety radio system, traffic and emergency signal light system, or other Village safety communications components; it shall be the responsibility of the applicant to evaluate, prior to making the building permit application for small cell facilities in the Village of Ottawa corporation limits.

(7) A landscape plan that demonstrates screening of proposed small cell equipment;

(8) Drawings of the proposed facilities; for all equipment depicted, the applicant must also include, if applicable:

A. The manufacturer’s name and model number;

B. Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware; and,

C. The noise level generated by the equipment, if any.

(9) If the applicant is not the operator, the applicant must provide proof that the applicant has been engaged by a wireless service provider who will be the end-user of the facilities.

(10) If a request for consent is denied, the Village shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial for consent shall not unreasonably discriminate against the applicant. Grounds for denying an application may include, but are not limited to:

A. Failure to provide information required under Section 1174.04;

B. Failure to comply with Small Cell Design Guidelines, Chapter 1174;

C. Failure to provide financial surety pursuant to Section 1174.12;

D. Failure to remove abandoned facilities as required under Section 1174.11;

E. Conflict with the historic nature or character of the surrounding area;

F. Conflict with planned future improvements in the right-of-way; and,

G. Failure to comply with generally applicable public health, safety, and welfare requirements.

(11) A small cell building permit shall not be initially approved nor continually allowed if the facilities operator or the facilities are not in compliance with all applicable laws and regulations.

(12) Pursuant to Ohio Revised Code Section 4939.0314(E), a small cell building permit shall be deemed terminated if the facilities operator has not completed construction of the facilities or has failed to attach small cell equipment to a wireless support structure within 180 days of issuance of the permit, unless delay is caused by:

A. Make-ready work for a municipally-owned wireless support structure; or

B. The lack of commercial power or backhaul availability at the site, provided that the operator has made a request for commercial power or backhaul services within sixty (60) days after the small cell building permit was granted.

If the additional time to complete the installation exceeds 360 days after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay.

(13) The Village shall not issue any refunds for any amounts paid by the facilities operator upon termination of the permit.

(Ord. 20-03. Passed 3-9-20.)

1174.05 SMALL CELL FACILITY, EQUIPMENT, ANTENNA SPECIFICATIONS.

(a) Information signage shall be mounted on all new facilities providing the facilities’ operator name, an emergency contact phone number, an informational contact number, and all other information required by law. Unless otherwise prohibited by law, signage shall be discreet in color and shall match the facilities and surrounding area. Font size used on signage shall be no smaller than 9-point font and no larger than 14-point font.

(b) Unless otherwise required by law, all manufacturer stickers and decals shall be removed from all facilities.

(c) Facilities shall be camouflaged using existing land forms, vegetation, and structures to screen the facilities from view and to blend in with the surrounding built and natural environment.

(d) The Village may require the facilities operator to incorporate additional concealment elements before approving an application. Concealment elements may include, but shall not be limited to, fencing, street lamps and/or strategic placement within the existing or replacement street site plan.

(e) Facilities shall not have any flashing lights, sirens or regular noise other than an intermittently running cooling fan.

(f) All hardware, including antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other mounted equipment shall be painted a Village designated color matching the designated facilities color. The Village maintains the right to designate a non-matching color, on a case by case basis, should it be determined a non-matching color would better fulfill the purpose of these design guidelines in Chapter 1174.

(g) A facilities operator shall remove or paint over any graffiti on the facilities at the facility operator’s sole expense as soon as practicable, but no later than ten (10) days following the date the existence of graffiti has been reported to the operator.

(h) Antennas and accessory equipment shall not increase the overall height of an existing wireless support structure by more than five (5) feet.

(i) Antennas mounted on a wireless support structure shall be enclosed inside the wireless support structure whenever possible and otherwise within a canister, shroud, or other enclosure. All accessory equipment associated with the antenna shall be concealed and shall not visibly protrude from the shroud or canister.

(j) The width of the canister or other shroud encasing the antenna and accessory equipment shall not exceed the width of the narrowest portion of the wireless support structure.

(k) Antennas shall not impair light or views from adjacent window(s).

(l) Antennas located on the exterior of a wireless support structure shall be top-mounted on a wireless support structure.

(m) All wireless support structure-mounted small cell equipment, other than the antenna(s) and electric meter, must be concealed within an equipment cabinet.

(n) Equipment cabinets shall be mounted flush to the wireless support structure.

(o) Equipment cabinets shall be stacked together on the same side of the wireless support structure and oriented away from any windows and doorways to minimize visual impacts thereupon.

(p) The equipment cabinets must be non-reflective and painted, wrapped or otherwise colored to match the Village designated color of the wireless support structure.

(q) All cables, conduit and wiring shall be located inside conduit and inside the wireless support structure or an equipment cabinet.

(r) Excess cables and wiring shall not be spooled, coiled or otherwise stored on the exterior of the wireless support structure unless within an enclosure. Cables shall not be externally visible.

(s) Service utility lines shall be underground to avoid additional overhead lines. The underground cables and wires must transition directly into the wireless support structure base without any external junction box.

(Ord. 20-03. Passed 3-9-20.)

1174.06 GROUND-MOUNTED SMALL CELL EQUIPMENT.

(a) The Village shall not approve the proposed location of ground-mounted small cell equipment unless the applicant:

(1) Proposes the ground-mounted equipment in connection with a collocation; and,

(2) Shows that the equipment cannot be feasibly placed on the wireless support structure or in an underground vault.

(b) If technically feasible, small cell equipment should be located in a vault buried underground rather than being ground-mounted. If underground placement is not technically feasible, ground-mounted small cell equipment shall be contained in a shroud or cabinet.

(c) All Ground-mounted small cell equipment shall be installed in a manner that minimized the visual and ingress/egress impact to the general public.

(d) Ground-mounted small cell equipment shall be placed as far as practicable from pedestrian sidewalks and shall neither block nor be placed within the sidewalk in any way.

(Ord. 20-03. Passed 3-9-20.)

1174.07 NEW WIRELESS SUPPORT STRUCTURE SPECIFICATIONS.

(a) New wireless support structure shall be designed and constructed to accommodate small cell equipment from at least two (2) wireless service providers on the same wireless support structure.

(b) New wireless support structures shall maintain a distance of 300 feet from existing monopoles, or utility poles.

(c) In residential zoned areas, new wireless support structures shall be located at the shared property line between two residential parcels where the parcels intersect the right-of-way.

(d) In non-residential zoned areas, new wireless support structures shall be located between tenant spaces, storefronts or adjoining properties at the shared property lines where the parcels intersect the right-of-way.

(f) A new wireless support structure shall not be located in front of a building entrance or exit.

(f) The overall height of a new wireless support structure, including proposed collocated antenna, shall not be greater than forty (40) feet above ground level.

(g) The Village may require the facilities operator to install a metal wireless support structure rather than a wood wireless support structure. Unless otherwise specified by the Village, wood wireless support structures are prohibited in residential zones.

(Ord. 20-03. Passed 3-9-20.)

1174.08 UNDERGROUND AREA REGULATIONS.

(a) A facilities operator shall not install a new wireless support structure in an underground area.

(b) Whenever any existing electric utilities, cable facilities, telecommunications facilities of other facilities are located underground within a public right-of-way, the facilities operator must also locate its facilities underground.

(c) A facilities operator may replace an existing wireless support structure of collocate small cell facilities on an existing wireless support structure even if the wireless support structure is located in an underground area.

(d) An operator may apply to the Planning Commission for a waiver of the underground placement requirement if the requirement prevents the operator from achieving its service objective, the requirement has the effect of prohibiting the provision of reasonable service in the Village, and the operator’s objective of providing reasonable service in the Village cannot be met by placing facilities at;

(1) A location in the public right-of-way where the prohibition does not apply;

(2) A utility easement the service provider has the right to access; and,

(3) Other suitable locations or structure made available by the Village at reasonable rates, fees and terms.

(Ord. 20-03. Passed 3-9-20.)

1174.09 REMOVAL/REPLACEMENT WIRELESS SUPPORT STRUCTURE SPECIFICATIONS.

(a) A facilities operator shall be required to replace an existing wireless support structure in the following circumstances:

(1) The wireless support structure upon which the applicant has proposed to collocate small cell equipment is deemed incapable of bearing the added weight of the small cell equipment; or,

(2) An existing wireless support structure is located within one hundred (100) feet or less of the proposed site of a new wireless support structure but the existing wireless support structure is incapable of bearing the additional weight of the small cell equipment.

(b) Designs for replacement of wireless support structures shall be as architecturally similar as possible to the existing wireless support structure to be replaced unless otherwise approved by the Village.

(1) The Village may require the facilities operator to install a new metal wireless support structure rather than replacing with a wood wireless support structure. Unless otherwise specified by the Village wood wireless support structures are prohibited in residential zones.

(c) The overall height of a replacement wireless support structure, including proposed collocated antenna, shall not be greater than forty (40) feet above ground level.

(d) All replaced wireless support structures shall have all existing signs, traffic signals, emergency signal detection units, video detection cameras, video cameras, crosswalk service buttons, crosswalk signals, and any other pedestrian or traffic devices reinstalled or replaced with new units by the facilities operator and installed at no cost to the Village.

(e) Any concrete wireless support structure foundation for the original wireless support structure shall be removed either partially or completely by the facilities operator as instructed by the Village:

(1) If partially removed, the original wireless support structure foundation shall be taken back to a level that is twelve (12) inched below the existing grade and covered with four (4) inches of one-half (1/2) to three-quarters (3/4) inch rock material. The remaining eight (8) inches of depth shall be graded to ground level with top soil and covered with vegetation similar to the surrounding vegetation.

(2) If the entire original wireless support structure foundation must be removed, all foundation materials (concrete, rebar, metals, hardware etc…) shall be removed and properly disposed of. The backfill shall consist of concrete mix to within twelve (12) inches of ground level. The top twelve (12) inches shall be filled with top soil and covered with vegetation similar to the surrounding vegetation.

(Ord. 20-03. Passed 3-9-20.)

1174.10 ABANDONED AND DAMAGED FACILITIES/SUPPORT STRUCTURES.

(a) (1) A facilities operator shall provide written notice to the Village of its intent to discontinue use of any facilities. The notice shall include the date the use will be discontinued. If facilities are not removed within one hundred eighty (180) days from the date the use is discontinued, the facilities shall be considered a nuisance and the Village may have the facilities removed at the expense of the facilities operator.

(2) In the event that facilities are damaged, the facilities operator shall promptly repair the damaged facilities. Damaged facilities shall be repaired no later than thirty (30) days after obtaining written notice that the facilities are damaged. If the damaged facilities are not repaired within thirty (30) days, the damaged facilities shall be considered a nuisance and the Village may repair or remove the facilities at the expense of the facilities operator.

(3) The facilities operator shall remove and relocate the permitted small cell facility and/or wireless support structure at the operator’s sole expense to accommodate construction of a public improvement project by the Village.

(4) If the facilities operator fails to remove or relocate the small cell facility and/or wireless support structure or portion thereof as requested by the Village within one hundred twenty (120) days of the notice issued by the Village, the Village shall be entitled to remove the small cell facility and/or wireless support structure, or portion thereof at the expense of the facilities operator.

(5) The facilities operator shall, within thirty (30) days following issuance of the invoice for the same, reimburse the Village for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the small cell facilities and/or wireless support structure, or portion thereof.

(b) Removal Required by the Village for Safety and Imminent Danger Reasons.

(1) The facilities operator shall, at its expense, promptly disconnect, remove, or relocate the applicable small cell facility and/or wireless support structure within the time frame and in the manner required by the Village if the Village reasonably determines that the disconnection, removal, or relocation of any part of a small cell facility and/or wireless support structure:

A. Is necessary to protect the public health, safety, welfare, or Village property; or,

B. The facilities operator fails to obtain all applicable licenses, permits, and certifications required by law for its small cell facility and/or wireless support structure.

(2) If reasonably determined that there is imminent danger to the public, the Village may immediately disconnect remove, or relocate the applicable small cell facility and/or wireless support structure at the facilities operator’s expense.

(3) The facilities operator shall remove small cell facilities and/or wireless support structures when such facilities are abandoned regardless of whether or not it receives notice from the Village. Unless the Village sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of sixty (60) days of the small cell facility and/or wireless support structure being abandoned, or within sixty (60) days of receipt of written notice from the Village. When the facilities operator abandons permanent structures in the right-of-way, the facilities operator shall notify the Village in writing of such abandonment and shall file with the Village the location and description of each small cell facility and/or wireless support structure abandoned. The Village may require the facilities operator to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.

(4) The facilities operator shall repair any damage to the right-of-way any facilities located within the right-of-way, and /or the property or any third party resulting from the facilities operator’s removal or relocation activities (or any other facility operator’s activities hereunder) within ten (10) calendar days following the date of such removal or relocation, at the facilities operator’s expense. Restoration of the right-of-way and such property must be to substantially the same condition as it was immediately before the date the facilities operator was granted a small cell facility permit for the applicable location, or did the work at such location (even if the facilities operator did not first obtain a small cell facility permit). This includes restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the reasonable approval of the Village.

(Ord. 20-03. Passed 3-9-20.)

1174.11 INSURANCE REQUIREMENTS.

(a) As a condition of the Village’s consent to occupy the right-of-way, a facilities operator must secure and maintain the following liability insurance policies insuring both the facilities operator and as additional insured the Village and its elected and appointed officer, officials, employees and agents.

(1) Comprehensive general liability insurance with limits not less than:

A. Five million dollars ($5,000,000.00) for bodily injury or death to each person;

B. Five million dollars ($5,000,000.00) for property damage resulting from any one (1) accident; and,

C. Five million dollars ($5,000,000.00) for all other types of liability.

(2) Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each accident.

(3) Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000.00).

(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00).

(5) Each insurance policy shall contain the following endorsement:

A. “It is hereby understood and agreed that this policy may not be cancelled nor the intention not to renew be stated until ninety (90) days after receipt by the Village, by registered mail, of a written notice addressed to the Mayor, of such intent to cancel or not renew.” Within sixty (60) days after receipt by the Village of the notice above, and in no event later than thirty (30) days prior to the cancellation of the policy, the facilities operator shall obtain and furnish to the Village a replacement insurance policy meeting the requirements of this section.

(Ord. 20-03. Passed 3-9-20.)

1174.12 FINANCIAL SURETY.

(a) Each facilities operator must procure and provide to the Village a bond, escrow, deposit, letter of credit, or other financial surety to ensure compliance with this chapter and Ohio revised Code Chapter 4939. The financial surety must be in an amount sufficient to cover the cost of removal of all facilities owned or operated by the facilities operator.

(b) The Village may, in its sole discretion, draw on the financial surety to remove abandoned facilities, removed or repair damaged facilities, or to repair damage to any Village property caused by the facilities operator or its agent. In such event, the facilities operator shall cause the financial surety be replenished to its prior amount within the (10) business days after the Village notifies the facilities operator that it has drawn on the financial surety.

(Ord. 20-03. Passed 3-9-20.)

1174.99 PENALTY.

(a) Any person or entity found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day during or on which a violation occurs or continues.

(b) Nothing in this chapter shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this chapter.

(Ord. 20-03. Passed 3-9-20.)

1175.01 DEFINITION; REGULATIONS.

(a) Definition. As defined in this section a pond is any outdoor excavation capable of containing excess of two (2) feet of water at its deepest point and is less than twenty thousand (20,000) square feet (approximately one-half acre).

(b) A building permit is required to construct a pond.

(d) Ponds, except for koi ponds, are not permitted on lots which are less than one (1) acre in size.

(e) The maximum surface area shall not exceed twenty-five percent (25%) of the net acreage of the parcel.

(f) The side slope of a pond shall be horizontal to vertical at a ratio of 3:1. The ratio shall be maintained to a depth of seventeen (17) feet. If the horizontal to vertical ratio is less than 3:1, then and in that circumstance a six (6) foot fence shall be required around the circumference of the pond.

(g) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to a suitable outlet or drainage ditch.

(h) All ponds shall be located in the rear yard only.

(i) A pond shall have one-hundred (100) feet minimum setback from any street right-of-way.

(j) Pond excavations may not be refilled with any sort of construction or hazardous debris.

(k) The construction of ponds is subject to subdivision regulations.

(Ord. 20-26. Passed 12-21-20.)

Ottawa City Zoning Code

TITLE SEVEN

Zoning Standards and Special Provisions

1161.01 PRINCIPAL BUILDINGS.

(b) Maximum Height.

(Ord. 1135. Passed 11-26-84.)

1161.02 ACCESSORY BUILDINGS.

(Ord. 1135. Passed 11-26-84.)

1161.03 STANDARDS.

District	Maximum Height Above Average Finished Grade	Minimum Lot Area in sq. ft.	Minimum Lot Area Per Dwelling Unit in sq. ft.	Minimum Width in feet at building line	Minimum Width at right-of-way in feet	Minimum Width of Side Yards in feet	Minimum Depth of Rear Yard in feet	Minimum Depth of Front Yard in feet
A-1	3 Stories or 35 feet (whichever is lesser)	15,000	15,000	75	50	10	20	40
R-1	3 Stories or 35 feet (whichever is lesser)	15,000	15,000	75	50	10	10	40
R-2	3 Stories or 35 feet (whichever is lesser)	10,000	10,000 Add'l 1,000 per each Add'l D.U. up to a total of 4 D.U.'s	75 Add'l 10 per each add'l D.U. up to a total of 4 D.U.'s	30 Add'l 2 per each add'l D.U. up to a total of 4 D.U.'s	7.5 Add'l 2 per each add'l D.U. up to a total of 4 D.U.'s	10	40
R-3	3 Stories or 35 feet (whichever is lesser)	9,000	9,000 Add'l 800 per each add'l D.U.	60 Add'l 7 per each add'l D.U.	25 Add'l 2 per each add'l D.U.	7.5 Add'l 2 per each add'l D.U.	10	40

(ORd. 21-28. Passed 12-13-21.)

				Minimum Side Yards
District	Maximum Height in feet	Maximum Floor area ratio	Minimum Front Yard in feet	Stories	Least Width in feet	Sum of Least Widths in feet	Minimum Rear Yard in feet
B-1	30	None	20	1 and 2	10 20	30 50	1 story: 20 1 story or more: 30
B-2	60	None	None	-	None	-	None
B-3	30 feet	0.3	1 and 2 stories: 40 Additional 10 per story above second	1 and 2 1 and 2	15 Additional 20 per story above second	40 Additional 6 per story above second	20 Additional 3 per story above second

District	Maximum Height in feet	Minimum Lot Area in sq. ft.	Maximum Floor Area Ratio	Maximum Building Coverage	Minimum Depth of Front Yard in Feet	Minimum Width of Side Yard in feet	Minimum Depth of Rear Yard in feet
I-1	2 Stories or 35 ft. (whichever ie lesser)	30,000	0.40	40%	50 feet when abutting or within 100 feet of an "R" District. 30 feet in all other cases.	20 feet, except 50 feet along common line of abutting "R" District	30 feet, except 50 feet along common line of abutting "R" District.
I-2	30 feet	30,000	0.45	30%	1 and 2 stories: 40 Additional 10 per story above second	15 Additional 10 per story above second	20 Additional 10 per story above second

(Ord. 1135. Passed 11-26-84.)

1163.01 OFF-STREET LOADING SPACE.

(b) Dimensions.

(1) Each off-street loading space in a B District shall be not less than ten feet in width and twenty-five feet in length and, if a roofed berth, not less than fourteen feet in height.

(2) Each off-street loading space in a I District shall be not less than ten feet in width and fifty feet in length and, if a roofed berth, not less than fifteen feet in height.

(f) Off-Street Loading Requirements. Off-street loading requirements shall be as follows:

(1) For permitted residential, institutional, community facilities and office uses:

Use	Floor area in square feet	Number of spaces required
Group #1:
Libraries, museums and galleries, clubs and lodges; fratenral and philanthropic institutions; religious institutions, and tourist homes.	Less than 10,000	None
	10,000 - 19,000	1
	20,000 or more	1 additional for each 20,000 square feet or fraction thereof in excess of 20,000 square feet
Group #2:
Assembly halls, auditoriums, sports arenas and stadiums; funeral homes; homes for the aged; and similiar institutions for human care	Less than 10,000	None
	10,000 - 99,999	1
	100,000 or more	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet
Group #3:
Banks and financial institutions; medical-dental clincs; business and professional offices.	Less than 30,000	None
	30,000 - 99,999	1
	100,000 - 499,999	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet.
	500,000	1 additional for each 500,000 square feet or fraction thereof in excess of 500,000 square feet.

(2) For permitted business, commercial manufacturing and other industrial uses:

Group #4:
Indoor theaters; bowling alleys, swimming pools, skating rinks and similar amusements, commercial and trade schools; business, dance and music schools.	Less than 10,000	None
	10,000 - 199,000	1
	200,000 or more	1 additional for each 200,000 square feet or fraction thereof in excess of 200,000 square feet.
Group #5:
Retail and wholesale stores; eating and drainking places; commercial uses not elsewhere classified.	Less than 8,000	None
	8,000 - 24,999	1
	25,000 - 39,999	2
	40,000 - 59,999	3
	60,000 - 99,999	4
	100,000 or more	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet.
Group #6:
Manufacturing production, processing, cleaning, servicing, testing or repair, warehousing and storage.	Less than 5,000	None
	5,000 - 39,999	1
	40,000 - 99,999	2
	100,000 or more	1 additional for each 100,000 square feet or fraction thereof in excess of 100,000 square feet.

(Ord. 1135. Passed 11-26-84.)

1163.02 OFF-STREET PARKING SPACE.

(a) General.

(2) Minimum size. Each off-street parking space shall contain an area of not less than 160 square feet exclusive of access drives and aisles, and shall be of usable shape and condition.

(4) Type. Parking space for all types of uses may be provided either in garages or parking areas conforming to the provisions of this Zoning Code.

(c) Units of Measurement. For the purposes of determining off-street parking requirements, the following units of measurement shall apply:

(2) Hospital bassinets. In hospitals, bassinets shall not be counted as beds.

(3) Places of public assembly.

B. Fixed seats and assembly area. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

(2) Exceptions. In the case of additional dwelling units created by conversion of an existing dwelling one off-street parking space shall be required for each additional dwelling unit so created.

(g) Joint Use of Facilities. Off-street parking facilities required for churches shall be reduced by fifty percent (50%) where such churches:

(1) Abut, either directly or across a street or alley, a nonresidence district; or

(2) Are located within a nonresidence district; or

(3) Abut a parking lot serving a business or industrial use in a nonresidence district.

(Ord. 1135. Passed 11-26-84.)

1163.03 OFF-STREET PARKING REQUIREMENTS.

Off-street parking requirements shall be as follows:

(a) For permitted residential, institutional, community facilities and office uses:

Use	Number of Spaces Required
Group #1:
Assembly halls or rooms without fixed seats; exhibition halls (except church assembly rooms) in conjunction with auditoriums.	1 for each 50 square feet of floor area used for assembly, dancing or dining.
Group #2:
Clubs, lodges, fraternal and similar organizations.	1 for each 2 bedrooms and 1 for each 50 square feet of floor area used for assembly, dancing or dining.
Group #3:
Apartments and hotels.	2 for each dwelling unit.
Group #4:
Tourist homes.	1 for each bedroom.
Group #5:
Churches.	1 for each 5 seats in principal assembly area.
Group #6:
Nursing and rest homes; sanitariums, convalescent homes for the aged and children's homes.	1 for each 3 beds.
Group #7:
Schools (public, parochial, private and other).
Elementary and junior high	1 for each 3 seats in an auditorium; or 1 for every 30 classroom seats whichever is greater.
Senior high	1 for each 3 seats in an auditorium, or 1 for each 30 classroom seats in all grades, plus 1 for every 50 classroom seats in the 11th and 12th grades, whichever is greater.
Group #8:
Libraries, museums, art galleries, and educational research centers.	1 for each 500 square feet of floor area.
Group #9:
Funeral homes and mortuaries.	1 for each 500 square feet of floor area.
Group #10:
Banks and similar financial institutions; medical and dental clinics; medical and dental offices.	1 for each 150 square feet of floor area on the first floor, and 1 for each 400 square feet on every other floor.

(b) For permitted business, industrial and recreational uses:

Group #1:
Retail food stores, including delicatessens, grocery stores, meat-fruit-vegetable markets and supermarkets.	5 for the first 2,000 square feet or less of floor area; and 1 for each 150 square feet of floor area in excess of 2,000 square feet.
Group #2:
General retail, wholesale and service establishments of all kinds, other than retail food stores and drive-in refreshment stands.	5 for the first 2,000 square feet or less of floor area; and 1 for every 300 square feet of floor area in excess of 2,000 square feet.
Group #3:
Drive-in refreshment stands.	7 for each service window or point.
Group #4:
Billiard parlors, pool halls, recreation centers, skating rinks, public auction rooms and banquet halls.	1 for each 50 square feet of floor area used for assembly or recreation.
Group #5:
Theaters and similar uses including commercial arenas.	1 for each 4 seats.
Group #6:
Manufacturing plants, laboratories, food products industries, and other industrial uses (except public utility buildings).	1 for each 1,000 square feet of floor area or 1 for each 2 employees on the maximum shift, whichever is greater.
Group #7:
Public utility buildings primarily devoted to storage or mechanical equipment, gas and electric stations, dial exchange buildings and water pumping stations.	1 for each 5,000 square feet of floor area.
Group #8:
Greenhouses, nurseries and truck gardens.	1 for each 500 square feet of selling area.
Group #9:
Bowling alleys.	5 for each lane.
Group #10:
Tennis courts.	3 for each court.