Certain words and terms in this Zoning Code are herein defined for the purposes of this Zoning Code and shall have the meanings respectively ascribed to them in this chapter. For the purposes of this Planning and Zoning Code, the following rules of word use apply:

      (1)   The word "lot" includes the words plot and parcel.

      (2)   The word "person" includes a firm, association, organization, partnership, trust, company, corporation, or any other legal entity including its agents as well as an individual.

      (3)   The word "shall" signifies a mandatory requirement, one that is not discretionary; the word "may" signifies a permissive or discretionary requirement; and the word "should" is a preferred requirement.

      (4)   The words "used" and "occupied" include the words arranged, designed, constructed, altered, or intended to be used.

      (5)   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, unless the context clearly indicates the contrary.

      (6)   Whenever a number of days are specified, days shall mean calendar days unless specifically noted otherwise.

      (7)   All distances are horizontal measurements unless otherwise specified.

      (1)   "City" means the City of Parma Heights, Ohio.

      (2)   "Council" means the City Council of Parma Heights.

      (3)   "Commission" means the Parma Heights Planning Commission.

      (4)   "Board" means the Parma Heights Board of Zoning Appeals.

      (5)   "County" means Cuyahoga County, Ohio.

      (6)   "City Engineer" means the Engineer of the City of Parma Heights.

      (7)   "Director" means the Parma Heights Public Service Director.

      (8)   "Chief Building Official" means the Parma Heights Chief Building Official.

      (9)   "Zoning Code" means Ordinance 1953-29, passed June 5, 1953, as amended, codified herein as Titles Five through Nine of Part Eleven - Planning and Zoning Code. The words Planning and Zoning Code or this Code encompass the Zoning Code of the City of Parma Heights and includes all ordinances amending, explaining or supplementing the same.

(Ord. 2021-1. Passed 1-25-21.)

   For the purpose of the Planning and Zoning Code, the following terms shall have the meaning herein indicated. Words, phrases, and terms not defined in this chapter or other relevant sections of the Parma Heights Codified Ordinance shall be given their usual and customary meanings, except where the context clearly indicates a different meaning.

   (a)   "Animal grooming" means an establishment where the primary service provided is the cleaning and grooming of domestic pets including bathing, brushing, combing, nail and hair trimming, etc., and where there are no boarding facilities. The facility may also provide services such as obedience classes, training, or behavioral counseling.

   (b)   "Artisan production/fabrication" means an establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation and may include direct sales to consumers. This definition includes uses such as small-scale fabrication but is not limited to, manufacturing, and other industrial uses and processes such as welding and sculpting.

   (c)   "Artist work or sales space" means a facility that includes working, teaching and/or selling space for one or more artists, artisans, or musicians.

   (d)   "Assisted living facility" means residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment.

   (e)   "Body piercing" means the piercing of any part of the body by someone other than a physician licensed under R.C. Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun.

   (f)   "Brewpub" means a restaurant with an onsite micro production facility that sells 25 percent or more of its product on site.

   (g)   "Business services" means any activity that renders services to other commercial enterprises.

   (h)   "Clinic" means a building where human patients are admitted for examination and treatment by a group of physicians or dentists practicing medicine together, but who are not lodged overnight. The term clinic does not include a methadone treatment clinic or facility or substance abuse treatment facility as per the Parma Heights Zoning Ordinance.

   (i)   "Cultural institution" means a public or private facility that provides for the display, performance, or enjoyment of heritage, history or arts. This includes, but is not limited to, facilities that preserve scientific or artistic objects, including a museum, art gallery, aquarium or planetarium, but does not include movie theaters.

   (j)   "Day care center" means a commercial facility that provides individuals with care for less than 24 hours per day including, but is not limited to a day nursery, nursery school, pre school, adult day care center, or other supplemental care facility. This term does not include a family day care home, or care that is provided in a residence.

   (k)   "Drive thru facility" means a building, portion of a building or free-standing structure from which business is transacted directly with customers in a motor vehicle during such business transactions. The term drive thru shall also include a drive up or drive in facility, but shall not include a car wash, gasoline station or motor vehicle service station.

   (l)   "Dwelling unit" means one or more rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one household.

   (m)   "Dwelling, attached single-family" means one building with three or more dwelling units that are structurally attached and adjacent to one another, each dwelling unit being separated from the adjoining unit or units by a wall without openings or offset extending from the basement floor to the roof. Each such building shall be separated from any other buildings by space on all sides, and have elements such as individual ground floor entrances from the outside, individual utility services and which may contain attached garages.

   (n)   "Dwelling, multiple-family" means a structure designed and used exclusively for residential purposes with three or more dwelling units where each dwelling unit has an individual entrance to the outdoors or to a common hallway.

   (o)   "Dwelling, single-family" means a dwelling entirely detached and independent from any other structure, arranged, intended or designed to be occupied by a single family.

   (p)   "Dwelling, two-family" means a detached building designated for, or converted or occupied exclusively by, two households, living independently of each other, with cooking and toilet facilities in each dwelling unit.

   (q)   "Dwelling" means any building or portion thereof used exclusively for permanent residential purposes, including single-family, two-family, and multi-family dwellings, but not including a hotel, motel or other transient lodging facility

   (r)   "Family" means one individual, any number of individuals related by blood, adoption or marriage plus no more than three unrelated individuals, or not more than four unrelated individuals occupying a dwelling unit as their primary place of residence and living as a single housekeeping unit, but not including groups occupying a hotel, motel or other transient lodging facility.

   (s)   "Group home, large" means a licensed residential facility that complies with the regulations of either R.C. § 5119.341(B) for residential facilities for 6 to 16 persons with mental health issues or R.C. § 5123.19(N) residential facilities for 9 to 16 persons with developmental disabilities.

   (t)   "Laboratory and research facility" means a building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

   (u)   "Light industrial" means the assembly, processing, or similar uses which are entirely conducted indoors and are not disruptive of, or incompatible with, surrounding facilities. Light manufacturing and production does not include industrial processing from raw materials.

   (v)   "Live/work unit" means a building or space within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

   (w)   "Medical or dental offices or clinic" means a licensed facility for examining and treating patients with medical problems or for oral health on an out-patient basis. A medical clinic is not a methadone treatment clinic or facility or medication maintenance facility or dispensary.

   (x)   "Medication maintenance facility or dispensary" means a licensed facility that provides out-patient, nonresidential counseling of patients and where any form of prescription medication is dispensed to individuals, by a doctor, for use or consumption on-site as opposed to a pharmacy that dispenses prescription medication for use at home. Such use may include, but is not limited to, methadone treatment facilities licensed by the State of Ohio. Such use shall not include a medical marijuana dispensary or programs consisting solely of support group activities without treatment by licensed health practitioner, such as Alcoholics Anonymous, Narcotics Anonymous and similar programs.

   (y)   "Micro-production facility, including micro-brewery, micro-distillery, micro-winery" means a small scale facility that produces a limited amount of a 'craft' or 'artisan' alcoholic beverage, depending on the type of beverage produced, which possesses the appropriate liquor permit from the State of Ohio, and which may sell to the public by one or more of the following methods: the traditional three-tier system (producer to wholesaler to retailer to consumer); the two-tier system (producer acting as wholesaler to retailer to consumer); and, directly to the consumer through carry-outs and/or on-site tasting-room or restaurant sales, depending on the zoning district in which the use is located:

      (1)   "Micro-brewery" means a facility that produces less than 15,000 barrels (17,600 hectoliters) of beer per year (as defined by the Brewer's Association).

      (2)   "Micro-distillery" means a facility that produces less than 50,000 proof gallons per year (as defined by the American Distilling Institute).

      (3)   "Micro-winery" means a facility that produces less than 10,000 cases of wine per year, where all aspects of production occur within the footprint of the structure.

   (z)   "Mixed use building" means a building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses.

   (aa)   "Permanent cosmetics" means the same as defined in Chapter 773.

   (bb)   "Restaurant" means an establishment that sells food or beverages in a ready-to-consume state, in individual servings, that the customer consumes while seated at tables or counters located in or immediately adjacent to the building in which the use is located, and that may include carry-out service. This includes any portion of an establishment used for seating for the consumption of food on the premises that sells prepared food or beverages, such as a bakery, delicatessen, cafes, and coffee shops, but does not include smoking lounge.

   (cc)   "Retail establishment" means an establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption off-site, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public, but does not include the sale of marijuana products or smoking lounge. In determining a use to be a retail use, the Planning Commission may consider the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows.

   (dd)   "Setback line" means the line created by the setback established by this Code, generally parallel with and measured from the applicable lot line, as noted herein: the front setback shall be measured from the street right-of-way line, the side setback shall be measured from the side lot line and the rear setback shall be measured from the rear property line.

   (ee)   "Setback" means the required distance between any structure or parking area and the lot lines of the lot or parcel on which the structure or parking area is located.

   (ff)   "Smoking lounge" means a business establishment that is dedicated, in whole or in part, to facilitate the on-site consumption of tobacco products, electronic vaping devices, or other nicotine-enriched substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.

   (gg)   "Storage, self-service" means a building that is partitioned into contiguous, individual, securely subdivided space for lease to individual customers for storage of personal property, which has independent access and locks under the control of the tenant, and designed to primarily accommodate interior access to individual space via a common entry.

   (hh)   "Storage, self-service mini-" means a facility that consists of individual, securely enclosed units attached side-by-side, available for lease to individual customers for storage of personal property, in which each individual space has direct exterior drive-up access to the space that accommodates only passenger vehicles and two-axle non-commercial vehicles.

   (ii)   "Tattoo establishment" means the same as defined in Chapter 773.

   (jj)   "Use, accessory" means a subordinate use or building customarily incident to and located on the same lot with the main use or building.

   (kk)   "Use, conditional" means a use permitted within a district only with a conditional use permit approved according to Chapter 1135.

   (ll)   "Use, nonconforming" means one that does not comply with the regulations of the use district in which it is situated.

   (mm)   "Use, principal" means the principal use to which the premises are devoted and the primary purpose for which the premises exist.

   (nn)   "Vehicle repair, restoration" means a building or portion of a building in which major repairs are conducted. Major repairs include structural repair, rebuilding or reconditioning of motor vehicles, or parts thereof, including collision service; spray painting; body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; complete recapping or retreading of tires; or similar activities.

   (oo)   "Vehicle sales agency" means any establishment engaged in activities such as displaying, offering for sale and selling new motor vehicles at retail, and which may also include operating a service facility to perform repairs and maintenance on motor vehicles, offering for sale and selling motor vehicle parts at retail, offering for sale and selling used motor vehicles at retail, but only as incidental to the sale of new motor vehicles and conducting all other acts that are usual and customary to the operation of a new motor vehicle dealership. For the purposes of this Code, the terms used herein not specifically defined in this chapter shall be defined as in R.C. Chapter 4517 and successors.

   (pp)   "Vehicle service station" means a building, part of a building, structure or space which is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service and the making of repairs to motor vehicles, except that repairs described as major repairs in "garage, repair" shall not be permitted.

   (qq)   "Yard, front" means an open unoccupied space on the same lot with a building between the front line of the building and the front line of the lot.

   (rr)   "Yard, rear" means an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.

   (ss)   "Yard, side" means an open unoccupied space on the same lot with a building situated between the building and the side line of the lot and extending from the street line to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.

(Ord. 2021-1. Passed 1-25-21; Ord. 2021-22. Passed 7-7-21.)

   Any person who is an owner of property or who is acting as an agent for the owner of property and who desires some action or recommendation by the Planning Commission in relation thereto must file an application with the Commission setting forth his request.

(Ord. 2021-2. Passed 1-25-21.)

   The application which is filed with the Planning Commission shall, in addition to all other pertinent data which the Commission might require, contain the following items related to the property, the requested action and the parties making application:

   (a)   The purpose for which the application is filed;

   (b)   A sufficient description of the property to enable the Commission to properly identify it;

   (c)   Drawings and legal descriptions necessary to a complete and accurate understanding of the subject of the application;

   (d)   A statement containing the name and address of the applicant together with his attorney or agent if he is represented;

   (e)   Execution of the agreement by the applicant or his attorney or agent on his behalf wherein the applicant agrees to appear upon request before any legally constituted board or commission of the municipality for the purpose of interrogation by the board or commission regarding the matter of the application.

(Ord. 2021-2. Passed 1-25-21.)

   (a)   The applicant shall pay to the Secretary of the Planning Commission or her clerk, cash or a certified or bank check in the amount of one hundred fifty dollars ($150.00), plus the cost of the legal ad, which shall be used at the joint discretion of the Secretary of the Commission, the Law Director and the Finance Director to pay for advertising and legal expenses in connection with the request, including, but not limited to, the cost of advertising for public hearings, obtaining legal descriptions required by the Law Director and drafting of special legislation for submission to Council in the furtherance of the request.

   (b)   For application for planned unit developments, the applicant shall pay to the Secretary of the Planning Commission or her clerk, cash or a certified or bank check in the amount of one thousand five hundred dollars ($1,500), plus the cost of the legal ad, which shall be used at the joint discretion of the Secretary of the Commission, the Law Director and the Finance Director to pay for advertising and legal expenses in connection with the request, including, but not limited to, the cost of advertising for public hearings, obtaining legal descriptions required by the Law Director and drafting of special legislation for submission to Council in the furtherance of the request.

   (c)   A twenty-five dollar ($25.00) fee shall be made with and for each separate application which deals with sign approvals. This fee shall be nonrefundable.

   (d)   If an applicant desires a special meeting by the Planning Commission, he may request this special meeting and shall pay a fee of two hundred fifty dollars ($250.00) for the services rendered.

   (e)   Any extra costs or additional work performed by the Law Department or the Municipal Engineer or any other department of the municipality, including, but not limited to, engineering and architectural services, in connection with the matter contained in the application, shall be added to the application fee and the applicant shall bear all additional expenses.

   (f)   Applications, other than sign applications, must be filed and payment made not less than seven days prior to the meeting date.

(Ord. 2021-2. Passed 1-25-21.)

   A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, and signs shall be required for the following:

   (a)   New construction of all permitted uses, buildings and structures in all districts except Class A and Class A-l Districts.

   (b)   New construction of a nonresidential use, building or structure in a Class A and Class A-l District.

   (c)   Any multi-family or nonresidential existing or previously approved development that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the use.

   (d)   Any change to a nonconforming use, building or lot.

   (e)   Exceptions. A change of occupancy in an existing structure, or on a previously approved development plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the development plan review procedures.

(Ord. 2021-2. Passed 1-25-21.)

   The applicant is encouraged to meet with the City administration prior to submitting an application for development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose of this Code, the criteria and standards contained within, and the review schedule. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.

(Ord. 2021-2. Passed 1-25-21.)

   Plans shall be reviewed and distributed according to the following procedures:

(Ord. 2021-2. Passed 1-25-21.)

   (a)   The Planning Commission shall review the development plan according to the criteria in Section 1133.10, and any comments received from City departments in their review of the development plans.

   (b)   Following its review of a development plan, the Planning Commission shall:

      (1)   Approve the development plan as submitted; or

      (2)   Approve the development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or

      (3)   Deny the development plan when the application does not demonstrate that the required standards have been met; or

      (4)   If a development plan is found to not be in compliance with this Code, the Planning Commission may recommend revisions to be made by the developer and postpone action on the development plan until the next scheduled Planning Commission meeting.

   (c)   The City shall promptly furnish the applicant with its decision on the development plan.

   (d)   Failure of the Planning Commission to act within 60 days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.

      (1)   At the Chief Building Official's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a security approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the security shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.

      (2)   The approval of the development plan or the installation of improvements as required by this Zoning Code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.

(Ord. 2021-2. Passed 1-25-21.)

   Development plans shall be prepared by the applicant in compliance with the submission requirements set forth below in Sections 1133.09 as applicable.

   (a)   The Chief Building Official may waive any of the submittal requirements in this section if he/she determines, based on recognized planning or engineering principles and in an effort to achieve the goals of this chapter, that they are unnecessary to determine compliance with appropriate codes and ordinances. Such waiver shall not be construed to authorize the reduction or waiver of any standard, regulation, or required improvement.

   (b)   Plans, unless otherwise permitted by the Chief Building Official, shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design. The architectural and engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons.

(Ord. 2021-2. Passed 1-25-21.)

   A development plan shall disclose all uses proposed for the development, their location and arrangement, and shall include:

   (a)   The completed application form, along with the appropriate application fee;

   (b)   Survey of the property and topography, showing land owned and proposed for development, surrounding streets, adjoining streets, adjoining lots and their use and ownership, and the location and configuration of any shared facilities;

   (c)   A development plan drawn to scale and designed in accordance with the planning standards, regulations and criteria established in this Zoning Code, which discloses:

      (1)   The location, size, height and use of all existing and proposed buildings and structures, including accessory buildings, and uses, common land and open space, along with a notation of the development standards for building setback from property lines;

      (2)   Location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives; pedestrian walks, lane and other pavement markings to direct and control parking and circulation; the location of signs related to parking and traffic control; and type of pavement;

      (3)   Adjacent streets and property including lot lines, buildings, parking and drives within 200 feet of the site;

      (4)   The proposed location and design of streets, including the location of existing utilities to be maintained or changed and the location, size and grade for all utility installations and connections to present or proposed facilities;

      (5)   Location of proposed accessory structures including fences, walls, signs, and lighting, if applicable;

      (6)   Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

      (7)   Summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets and open space.

   (d)   Detailed landscape plan for all pervious land within the development area, and showing the design of landscaped yards, planting areas and fence screens adjoining residential areas, including:

      (1)   A plan showing existing site conditions including water courses, topography, natural features and tree cover, and the location and configuration of all shared facilities; and,

      (2)   Proposed landscape, buffering and screening plan indicating the description of the size, location and nature of existing and proposed vegetation.

      (3)   A plant list containing the common and botanical names, sizes at the time of installation and at maturity, and quantities of all plants,

      (4)   Locations of permanent signs and site lighting.

   (e)   A grading plan.

   (f)   Proposed forms of covenants running with the land, deed restrictions, including the use of shared facilities, covenants, restrictions or easements to be recorded and covenants, if any, for maintenance.

   (g)   Estimated project cost for all public improvements for the purpose of providing estimates needed for performance guarantees.

   (h)   Copies of all agreements, contracts, dedications, deed restrictions, sureties and other instruments as may be appropriate.

   (i)   Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans with dimensions, building materials, prepared and certified by a qualified Ohio design professional.

   (j)   Phasing schedule and land disposition program, if applicable.

(Ord. 2021-2. Passed 1-25-21.)

   The Planning Commission shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a development plan, the Planning Commission shall determine that:

   (a)   The plan is consistent with any plan or goals for the orderly development of the City and, when applicable, conforms in all respects to an approved or provisionally approved preliminary development plan and the regulations of this Zoning Code;

   (b)   The appropriate use and value of property within and adjacent to the area will be safeguarded;

   (c)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;

   (d)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

   (e)   The development will have adequate public service, parking, and open spaces, when applicable;

   (f)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code;

   (g)   The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas that is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;

   (h)   Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;

   (i)   Adequate provision is made for emergency vehicle access and circulation, fire hydrants and firefighting water supply;

   (j)   The proposed signs, if applicable:

      (1)   Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and,

      (2)   Adequately identify the use; and

      (3)   Are located to maintain safe and orderly pedestrian and vehicular circulation;

   (k)   The landscape plan will adequately buffer adjacent uses, where applicable;

   (l)   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code, and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters; and,

   (m)   If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase.

(Ord. 2021-2. Passed 1-25-21.)

   In its review of an application, the Planning Commission may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development.

(Ord. 2021-2. Passed 1-25-21.)

   If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process. Development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.

(Ord. 2021-2. Passed 1-25-21.)

   (a)   An approved development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. A request for such a transfer or change of ownership shall be presented to the Chief Building Official and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan.

   (b)   All construction and development under any building permit shall be in accordance with the approved development plan. Any departure from such plan shall be cause for revocation of the building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Planning and Zoning Code.

      (1)   Changes in an approved development plan shall be resubmitted for approval in accordance with this chapter.

      (2)   Approval of a modification or amendment to a previously approved development plan under the terms and provisions of this chapter shall not extend or alter the time limitation established by Section 1133.14, which time shall continue to be measured from the date of approval of the original development plan.

(Ord. 2021-2. Passed 1-25-21.)

   An approved development plan shall remain valid for a period of 12 months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval. If, at the end of that time, a building permit has not been obtained and/or the construction of the development has not begun, then approval of such development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

(Ord. 2021-2. Passed 1-25-21.)

   When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations or in Section 1135.03, a conditional use permit is required and the application for such conditional use permit shall be submitted and reviewed according to the following review procedures.

(Ord. 2021-3. Passed 1-25-21.)

   (a)   Certain types of uses are classified as conditional uses because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, or potential for significant impact on a particular district. Consequently, the conditional use procedures call for a more flexible and equitable procedure for properly accommodating such activities in the community. The forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations, and the availability of land. The purpose of this section is to provide controllable and reasonably flexible requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provisions for the health, safety, convenience and general welfare of the City's inhabitants.

   (b)   In order to accomplish such a dual objective, this chapter sets forth a review procedure that enables a more detailed consideration of each conditional use. The review considers the proposal in terms of existing zoning and land use in the vicinity of the proposed use; the design, size, operation, processes and equipment employed, and intensity of the proposed use; the impacts of the proposed use at the proposed location on the public health, safety, convenience, comfort, prosperity and general welfare, including traffic generation and movement, the amount and kinds of public facilities and services required; and whether and to what extent all appropriate feasible steps have been taken by the permit applicant to minimize or mitigate any adverse impacts of the proposed use.

   (c)   Review of this information by the Planning Commission is required to ensure that each proposed conditional use is consistent with the intent and objectives of the particular district in which it is to be located.

(Ord. 2021-3. Passed 1-25-21.)

   In addition to uses specifically listed in a particular district as conditional uses, uses that may be authorized as a conditional use in any district pursuant to this chapter include churches, schools, municipal buildings, playgrounds and parks, public utilities and such other uses of a public or civic nature.

(Ord. 2021-3. Passed 1-25-21.)

   An application for a conditional use permit shall be filed with the Planning Commission on a form prescribed by the Commission, accompanied by an application fee as established by City Council.

   (a)   The application for a conditional use permit shall include the following items:

      (1)   A development plan and associated documentation as required in Section 1133.09.

      (2)   A description of all uses proposed for the development, the location, extent and characteristics.

      (3)   A statement or diagram showing compliance with any use-specific requirements specified in Chapter 1195.

      (4)   Any other material and/or information as may be required by the Planning Commission or Council to fulfill the purposes of this section of the Zoning Code and to ensure that the application is in compliance generally with the ordinances of Parma Heights.

   (b)   The Chief Building Official may waive certain submittal requirements in order to reduce the burden on the petitioner and to tailor the requirements to the information necessary to review a particular petition. The Chief Building Official may waive such requirements upon finding that the project size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver. Any such waivers shall be authorized in writing and retained in the project file.

   (c)   Copies of the application shall be distributed by the Planning Commission to the Departments of Public Safety and Public Service.

(Ord. 2021-3. Passed 1-25-21.)

   (a)   No later than ten days prior to the date set for the hearing on the application, each department to which the application has been referred shall file a written report thereon with the Planning Commission setting forth the recommendations for changes in the proposed use as submitted and conditions for approval, if any, necessary to bring such proposed use into compliance with any applicable ordinance.

   (b)   The Planning Commission shall hold one public hearing to review and consider the application. The public hearing shall be scheduled within 45 days following acceptance of a complete application and after the notice required by law has been provided.

   (c)   The Planning Commission shall review the proposed conditional use as presented on the submitted plans and specifications and consider the written reports and public comments made during the public hearing, to determine:

      (1)   Whether the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code;

      (2)   Whether the development plan for the proposed conditional use complies with the development plan review criteria set forth in Section 1133.10, as applicable;

      (3)   Whether the establishment and operation of the proposed use complies with the general criteria established for all conditional uses in Section 1135.08 and any specific requirements established for that particular use set forth in Chapter 1195, Use-Specific Standards in this Planning and Zoning Code and any additional requirements in the Parma Heights Codified Ordinances pertaining to the proposed use, such as but not limited to the Business Code.

   (d)   The Planning Commission may require additional plans and documents further clarifying the nature and extent of the use or any aspect of the application.

(Ord. 2021-3. Passed 1-25-21.)

   (a)   Within 30 days following the public hearing on the application, unless an extension of this time is agreed to by the applicant, the Planning Commission shall take action on the application for a conditional use permit and transmit its action to City Council.

      (3)   Failure of the Planning Commission to act within the time, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.

   (b)   If the Planning Commission approves the application, the Commission shall, within a reasonable time after the conclusion of the public hearing, transmit the application to the City Council for the Council's confirmation.

   (d)   All conditions imposed upon any conditional use approval, with the exception of conditions made applicable to such approval by the terms of this Zoning Code, shall be set forth expressly in the resolution granting the conditional use permit.

   (e)   In the event that a permit for a conditional use is granted by the Council subject to conditions, the grantee shall, in writing within ten days following such Council action, acknowledge such approval and unconditionally accept and agree to such conditions.

(Ord. 2021-3. Passed 1-25-21.)

   A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following criteria. Furthermore, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that:

   (a)   The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this Planning and Zoning Code and with the objectives for the district in which located;

   (b)   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;

   (c)   The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;

   (d)   The proposed building or use will not result in the destruction, loss, or damage of any feature determined by the Planning Commission to be of significant natural, scenic, or historic importance;

   (e)   The hours of operation of the proposed use are similar to a use permitted in the district;

   (f)   The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;

   (g)   The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

   (h)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

   (i)   Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets;

   (j)   The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools;

   (k)   There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible;

   (l)   The design and arrangement of circulation aisles, parking areas, and access drives shall be in compliance with the regulations set forth in Chapter 1191.

(Ord. 2021-3. Passed 1-25-21.)

   (a)   Conditional use approval shall authorize a particular conditional use on the specific parcel for which it was approved. Approval of a conditional use, pursuant to this chapter, shall be valid only for the use and the operation of such use as specified when granted by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Planning and Zoning Code.

   (b)   A conditional use permit issued pursuant to this chapter shall be valid only to the applicant to whom the permit is issued, unless the new owner agrees to all conditions, safeguards and requirements in the conditional use permit and a transfer of such permit is approved by the Chief Building Official.

   (c)   The conditional use approval shall expire six months from the date of enactment, unless:

      (1)   In the case of new construction, work upon the structure shall have begun above the foundation walls;

      (2)   In the case of occupancy of land, the use has commenced;

      (3)   As otherwise specifically approved by the Planning Commission at the time the conditional use approval is granted; or

      (4)   The Chief Building Official grants an extension for good cause shown, upon the request of the applicant.

   (d)   A conditional use permit may be considered abandoned and void if, for any reason, the conditional use is not conducted for more than six months.

(Ord. 2021-3. Passed 1-25-21.)

   A conditional use permit may be revoked if the established conditions for approval are violated. The Chief Building Official is responsible for advising the Planning Commission of any violations, and the Planning Commission may then recommend to City Council that it revoke the conditional use permit.

(Ord. 2021-3. Passed 1-25-21.)

   Within each zoning district established by the Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.

      (1)   The proposed use is not prohibited in any other district;

      (2)   The proposed use is not listed as a permitted building or use in any other district;

      (3)   The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;

      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.

(Ord. 2021-3. Passed 1-25-21.)

   The administration of this Zoning Code and related matters is the responsibility of the Planning Commission, the Board of Zoning Appeals, the Building Commission and the Building Inspector.

   Enforcement of the Zoning Code shall also be authorized by filing a criminal complaint in a court of competent jurisdiction, alleging a violation of any of the provisions of the Zoning Code.

(Ord. 1990-1. Passed 1-22-90.)

   Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Zoning Code is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.

(Ord. 1990-1. Passed 1-22-90.)

   All members of the Board of Zoning Appeals shall be bona fide residents of the City and no person holding any other public office or position in the municipal government of the City shall be eligible for membership on the Board. The members shall take office as of the date of their appointment and qualification.

(Ord. 1953-29. Passed 6-1-53.)

   The Board of Zoning Appeals shall organize by electing from its membership a Chairman, Vice-Chairman and Secretary.

   The Secretary of the Board shall keep all records, conduct official correspondence and generally supervise the clerical work of the Board.

(Ord. 1953-29. Passed 6-1-53.)

   Any determination made by the Building Commission or the Building Inspector in the enforcement of this Zoning Code may be appealed to the Board of Zoning Appeals by any person deeming himself adversely affected by the decision.

(Ord. 1953-29. Passed 6-1-53.)

   No action shall be taken by the Board of Zoning Appeals on any case until after a public hearing and notice as provided in Section 1139.09.

(Ord. 1953-29. Passed 6-1-53.)

   Proper notice of a hearing before the Board of Zoning Appeals shall consist of a written notice mailed to the owner or his agent at the address given on the appeal and to directly affected property owners or their agents at least five days prior to the date set for the proposed hearing. In the discretion of the Board it may substitute a legal notice published in a newspaper of general circulation in the Municipality at least ten days before the date set for a public hearing, and this may be in lieu of the written notice prescribed above to be mailed to directly affected property owners or their agents.

(Ord. 1953-29. Passed 6-1-53.)

   The Board of Zoning Appeals shall hear and decide all questions brought before it by appeal from the refusal, granting or revocation of permits by the Building Commission or Building Inspector under the provisions of this Zoning Code. It shall also hear and decide all matters referred to it or upon which it is required to pass under this Zoning Code. Within its powers the Board may reverse or affirm, wholly or in part, or modify the order, requirements, decision or determination as in its opinion ought to be done under the circumstances and to that end shall have all the powers of the officer or Commission from whom the appeal is taken and it may issue or direct the issuance of a permit.

(Ord. 1953-29. Passed 6-1-53.)

   The Board of Zoning Appeals shall have the power to permit exceptions to and variations from this Zoning Code where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code. In addition, the Board shall have the power in a specific case to vary the application of any provisions in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done.

(Ord. 1953-29. Passed 6-1-53.)

   The Board of Zoning Appeals shall have such duties and powers as set forth in the various sections of this Zoning Code. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.

(Ord. 1953-29. Passed 6-1-53.)

   (a)   Public hearings of the Board of Zoning Appeals shall be held on call on an as- needed basis to handle appeals within its jurisdiction as provided by the City Charter.

   (b)   Special sessions may be called by the Chairman or at the request of three members, provided that notice of the same has been mailed to each member at least twenty-four hours before the time set, except that the announcement of a special session of any meeting at which a quorum is present shall be sufficient notice of the meeting.

   (c)   All hearing sessions and records shall be open to the public.

   (d)   A quorum of the Board shall consist of three members.

   (e)   The Board shall keep minutes of its proceedings showing the vote of each member on every question, or if absent or failing to vote, indicating such fact, and it shall also keep records of its examinations and other official actions.

   (f)   The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or the Building Commission or to decide in favor of the appellant any matter upon which it is required to pass under this Zoning Code, or to effect any variation therein.

   (g)   The Board shall have the power to require the attendance of witnesses and the production of books, records and papers and, upon the request of an applicant, to issue a subpoena or subpoena duces tecum in accordance with similar provisions set forth in Ohio R.C. Chapter 119 (Administrative Procedure Act).

   (h)   The Board shall adopt rules and regulations for conducting hearings before the Board.

(Ord. 1994-42. Passed 9-12-94; Ord. 2001-1. Passed 1-22-01.)

   (a)   Every appeal shall be made to the Board of Zoning Appeals on a form which may be secured at the office of the Clerk of the Board of Zoning Appeals. The procedure of appeals shall be as follows:

      (1)   A written appeal shall be filed with the Clerk of the Board of Zoning Appeals by the party aggrieved by any order or decision of the Building Inspector upon forms prepared and supplied by the Board. The appeal shall be accompanied by a clear and concise statement of appellant's position or contention;

      (2)   Every appeal shall be taken within 30 days from the date of any refusal in writing by the Building Inspector to issue the permit.

      (3)   Any communication purporting to be an appeal shall be regarded as mere notice to seek relief and shall not be considered by the Board until it is made on the form required.

      (4)   The applicant shall be supplied with the proper forms before placing his appeal, and if he fails to file with the Board the form properly filled out and executed and to supply the required data within the time allotted, his case shall be dismissed for lack of prosecution.

(Ord. 1953-29. Passed 6-1-53.)

      (5)   The appeal shall be accompanied with the sum of seventy-five dollars ($75.00), either in cash or certified check, payable to the Municipality, which amount shall be used to defray the cost of the required notices. Any extra costs or additional work performed by the Department of Law or any other department of the Municipality, including but not limited to engineering and architectural services in connection with the matter contained in the application, shall be added to the application fee and the applicant shall bear all additional expense.

(Adopting Ordinance)

   (b)   At the public hearing of the case before the Board the appellant shall appear in his own behalf or be represented by counsel or agent. The appellants side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure each side shall proceed without interruption by the other.

   (c)   Every person before the Board shall abide by the order and direction of the Chairman. Discourteous or disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Board and shall be dealt with as the Chairman deems proper.

(Ord. 1953-29. Passed 6-1-53.)

   (a)   Each appeal filed with the Clerk of the Board of Zoning Appeals shall be transferred forthwith to the Chairman of the Board of Zoning Appeals who shall number the appeal serially and place it upon the calendar of the Board. The calendar numbers shall begin anew on January 1 each year, and shall be hyphenated with the number of the year in which the appeal is filed.

   (b)   Appeals will be assigned for hearing in the order in which they appear on the calendar thereof, except that an appeal may be advanced for hearing by order of the Board upon good cause being shown.

   (c)   A notice of the hearing of an appeal before the Board shall consist of a written notice mailed to the appellant or his agent at the address given on the appeal and to directly affected property owners or their agents at least five days prior to the date set for the proposed hearing. At its own discretion the Board may substitute a legal notice published in a newspaper of general circulation in the Municipality at least ten days before the date set for a public hearing and this may be in lieu of the written notice prescribed above to be mailed to directly affected property owners or their agents. The cost of postage for mailing the required notices to the appellant and the directly affected property owners and/or the cost of publishing any legal notices shall be deducted from the ten dollar ($10.00) deposit made with the Board at the time of filing the appeal.

(Ord. 1953-29. Passed 6-1-53.)

   (a)   The final disposition of any appeal to the Board of Zoning Appeals shall be in the form of a resolution which shall affirm, modify or reverse the order of decision of the Building Inspector.

   (b)   Any appellant may withdraw his appeal at any time prior to the decision of the Board.

   (c)   Decisions of the Board of Zoning Appeals shall be final within the Municipality, except that an appeal therefrom may be taken to any court of record in accordance with the laws of the State of Ohio, by any proper and interested party, including the Municipality.

(Ord. 1953-29. Passed 6-1-53; Ord. 2001-18. Passed 6-11-00.)

   The purpose of this chapter is to protect the rights of property owners who lawfully established, and have continuously maintained in a lawful manner, a use, structure or lot which, due to the adoption of or amendment to this Code, is no longer permitted. Such legal nonconforming use, structure or lot shall continue to operate under the provision of law under which the nonconforming use, structure or lot was recognized so long as the nonconforming use, structure or lot is not in violation of such provision of law, the adoption of this chapter notwithstanding.

   (a)   Nothing in this chapter prohibits the voluntary compliance with any future ordinance, regulation, or incentive.

   (b)   The regulations of this chapter are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan.

   (c)   A nonconforming use may be nonconforming either by virtue of characteristics of the physical structure that fail to comply with applicable legal standards, or due to a use of the structure that fails to comply with applicable land use restrictions.

(Ord. 2021-4. Passed 1-25-21.)

   (a)   A nonconforming use, structure or lot does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.

   (b)   Ordinary repairs, repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.

   (c)   No change may be made to a nonconforming use or structure without review and authorization by the Board of Zoning Appeals unless the use of such building or structure is changed to a conforming use.

   (d)   Such authorization shall be issued only if the Board finds, after a public hearing, that the proposed change, extension or alteration is no more harmful or objectionable than the current nonconforming use or structure and only if the estimated cost of the proposed change, extension or alteration does not exceed 25 percent of the assessed value of the building or structure.

(Ord. 2021-4. Passed 1-25-21.)

   No change shall be required by this Zoning Code in the plans, construction or designated uses of a building or structure which does not conform to the regulations of this Zoning Code for the district in which its premises are located, provided a building permit was issued and construction on such building or structure was begun before the effective date of this Zoning Code or amendment thereto and completed within six months thereof. For the purposes of this Zoning Code such construction shall be deemed an existing nonconforming use.

(Ord. 2021-4. Passed 1-25-21.)

   (a)   Any use lawfully existing prior to the effective date of this Zoning Code (Ordinance 1953-29, passed June 1, 1953) or any use within a district changed by amendment to this Zoning Code may be allowed or continued although the use does not conform to the new regulations of the district in which it is located.

      (1)   A nonconforming use may be changed to a use conforming with the regulations established for the district in which the nonconforming use is located, provided, however, that a nonconforming use so changed shall not in the future be changed back to a nonconforming use.

      (2)   A nonconforming use may be changed to another nonconforming use, provided the Board of Zoning Appeals determines that the new use is more consistent with the spirit of the Zoning Code, the neighborhood, and the City's Master Plan.

      (3)   A change in ownership or occupancy of the same use shall not in itself constitute a change in use.

      (1)   Intent to resume operation or use shall not affect this provision.

      (2)   Reuse of such land or building shall thereafter conform to all regulations for the district, and any nonconforming use shall not be resumed.

(Ord. 2021-4. Passed 1-25-21.)

   Where a lawful structure occupied by a use permitted in the zoning district in which it is located exists on the effective date of adoption or amendment of any provision of the Zoning Code that could not be built under the terms of said provision by reason of restrictions on size, height, setbacks, or lot coverage, such structure may be continued so long as it remains otherwise lawful, and in compliance with the following:

   (a)   No such nonconforming structure shall be enlarged, altered, or reconstructed in a way that increases its nonconformity, except as otherwise provided below.

   (b)   Structural alterations of a building or structure that is nonconforming solely because of its encroachment in a required setback area may be extended in any lawful manner that does not further encroach in that setback.

   (c)   A nonconforming building or structure that is damaged, destroyed or removed by more than 50 percent of its replacement value, by whatever cause, shall not be reconstructed, restored or replaced, except by a conforming building or structure.

   (d)   If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(Ord. 2021-4. Passed 1-25-21.)

   A building or use existing lawfully at the time this Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with off-street parking regulations for the district or use in which it is located may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted in accordance with these regulations, then additional off-street parking spaces shall be provided for the expansion as required in Section 1187.06.

(Ord. 2021-4. Passed 1-25-21.)

   A sign, lawfully existing at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Section 1383.30, Nonconforming Signs.

(Ord. 2021-4. Passed 1-25-21.)

   Any lot of record existing at the time of the adoption of any provision of this Zoning Code, which does not meet the requirements of said provision, shall be considered buildable provided that the site plan meets all setback requirements established by the Zoning Code.

(Ord. 2021-4. Passed 1-25-21.)

   Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of a zoning amendment, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conforming use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in ownership shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1135.

(Ord. 2021-4. Passed 1-25-21.)

   Homes offices are allowed as an accessory use to a dwelling in any zoning district without a permit. Home offices are subject to the following:

   (a)   Such use shall be limited to office functions only. All products and services shall be transmitted to and from the residence electronically, by regular mail service or by small delivery vehicles normally used for small parcel deliveries to single family dwellings.

   (b)   Other than office supplies, there shall be no display of any kind within the dwelling, in accessory buildings, or outdoors on the same lot.

   (c)   No more than 125 square feet of the floor area of the dwelling unit may be used for storage purposes.

   (d)   Customers shall not come to the dwelling.

   (e)   Such uses shall be conducted by the dwelling occupant with no non-resident employees.

   (f)   Such use shall be carried on entirely within the dwelling and not in an accessory building.

   (g)   No activity, materials or equipment indicative of the use shall be visible from any public street or from adjacent dwellings.

   (h)   The home office shall not utilize mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, causes fluctuation in line voltage or other nuisances outside the dwelling unit in which it is located.

   (i)   No advertising sign shall be permitted.

(Ord. 2003-4. Passed 1-27-03.)

   Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) and imprisonment of not more than 30 days. A separate offense shall be deemed committed during or on which a violation or non-compliance occurs or continues. The application of the penalty shall be in addition to the equitable remedies. The application of this penalty shall not be held to prevent the removal of prohibited conditions.

(Ord. 2003-4. Passed 1-27-03.)