For the purposes of this chapter, the village is hereby divided into the following districts, each district being of such number, shape, kind and area and of such common unity of purpose that are considered most suitable in carrying out the purposes of this chapter.

   R-1 Residential District

   R-2 Residential District

   MH Mobile Home Park District

   MF Multiple Family Residential District

   B-1 General Business District

   B-2 Highway Service Business

   I-1 Light Industrial District

   I-2 Heavy Industrial District.

   Architectural District

(`94 Code, § 1153.01)  (Ord. 26-82, passed 12-28-82; Am. Ord. 30-2014, passed 12-23-14)

   (A)   The boundaries of the districts established in § 154.015 are bounded and defined as shown on the Zoning Districts Map, which accompanies this chapter, and such map with all notations, references and other pertinent material shown thereon is hereby made a part of this chapter as if fully described herein.

   (B)   The Zoning Districts Map shall be identified by the signatures of Council, attested by the Village Fiscal Officer under the following words: "This is to certify that this is the official Zoning Districts Map referred to in § 154.016 of the Zoning Ordinance of the Village of Plymouth." (Include date of adoption)

   (C)   Whenever changes are made in the district boundaries of this chapter, such changes shall be made on the Zoning Districts Map after the amendment has been approved by Council.

(`94 Code, § 1153.02)  (Ord. 26-82, passed 12-28-82)

   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Districts Map, the following rules shall apply:

   (A)   Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines.

   (B)   Boundaries indicated as approximately following plated lot lines shall be construed to follow such lot lines.

   (C)   Boundaries indicated as approximately following the village corporation lines shall be construed to follow such village limits.

   (D)   Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

   (E)   Boundaries indicated as approximately following the centerline of streams, rivers or other bodies of water shall be construed to follow such centerlines.

   (F)   Boundaries indicated as parallel to or extensions of features indicated in divisions (A) to (E) hereof shall be so construed. Distances not specifically indicated on the Zoning Districts Map shall be determined by the use of a scale shown on the map.

(`94 Code, § 1153.03)  (Ord. 26-82, passed 12-28-82)

   Any area annexed to the village shall conform to previous zoning until specifically amended by Council. The Planning Commission shall recommend appropriate zoning for such area within six months after the matter is referred to the Commission by Council.

(`94 Code, § 1153.04)  (Ord. 26-82, passed 12-28-82)

   Wherever any street, alley or other public way is vacated by action of Council and in a manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then be subject to the same use, area and height regulations of the extended district.

(`94 Code, § 1153.05)  (Ord. 26-82, passed 12-28-82)

   (A)   Purpose.  The R-1 Residential Districts are designed to accommodate a density not to exceed three dwelling units per acre. The district would provide for very low density residential development and thereby discourage concentrated development in sections of rough terrain and in areas of the village presently developed at a similar density.

   (B)   Permitted uses.  The following uses are permitted in the R-1 Residential District:

      (1)   One-family dwelling units.

      (2)   Accessory uses as regulated in § 154.045.

      (3)   Automobile parking spaces as regulated by §§ 154.060 and 154.061.

      (4)   Shall comply with the Subdivision Regulations.

   (C)   Conditionally permitted uses.  The following uses shall be permitted subject to the conditions listed in § 154.189(C) and subject further to approval by the Planning Commission.

      (1)   Cemeteries subject to statutory limitations and further subject to § 154.189(C)(2)(a) to (c).

      (2)   Churches and other buildings for the purpose of religious worship subject to § 154.189(C)(2)(a) to (d).

      (3)   Home occupations subject to § 154.189(C)(2)(f).

      (4)   Public, parochial and other private elementary schools offering courses in general education subject to § 154.189(C)(2)(a), (b), (g) and (h).

      (5)   Public utility rights-of-way and pertinent structures subject to § 154.189(C)(2)(a) and (i).

      (6)   Recreational uses other than those governmentally owned and/or operated such as: swimming pools, golf courses, tennis clubs and riding academies, subject to § 154.189(C)(2)(a), (b), (g) and (j) to (1).

   (D)   Area and height regulations. 

      (1)   Minimum lot area: 12,500 square feet.

      (2)   Minimum lot width at minimum building setback line: 70 feet.

      (3)   Minimum yard setback (per lot):

         (a)   Front yard: 30 feet.

         (b)   Each side yard: eight feet.

         (c)   Rear yard: 40 feet.

         (d)   Maximum building height: 30 feet above ground, with not more than two stories of actual living space above ground (attics are not counted as living space).

         (e)   Minimum first floor living area: 700 square feet.

(`94 Code, §§ 1155.01 - 1155.04 )  (Ord. 26-82, passed 12-28-82; Am. Ord. 18-96, passed 8-13-96; Am. Ord. 17-97, passed 6-10-97; Am. Ord. 2-2000, passed 3-14-00; Am. Ord. 9-2012, passed 4-24-12)

   (A)   Purpose.  The R-2 Residential Districts are designed to accommodate a population density not to exceed four one-family dwelling units or two two-family dwelling units per acre. This density would be approximately the same as that which presently exists in the built-up sections of the community. The stated density and accompanying regulations would provide single-family dwelling units for families desiring to live in smaller houses on small lots. This district is also established to provide for a more orderly extension of public utilities encouraging medium density development in areas adjacent to areas proposed for intensive development.

   (B)   Permitted uses.  The following uses are permitted in the R-2 Residential District:

      (1)   One-family dwelling units.

      (2)   Two-family dwelling units.

      (3)   Automobile parking spaces as regulated in §§ 154.060 and 154.061.

      (4)   Comply with the Subdivision Regulations.

   (C)   Conditionally permitted uses.  The following uses shall be permitted subject to the conditions listed in § 154.189(C) and subject further to approval by the Planning Commission:

      (1)   Cemeteries subject to statutory limitations and further subject to § 154.189(C)(2)(a) to (c).

      (2)   Churches and other buildings for the purpose of religious worship subject to § 154.189(C)(2)(a) to (d).

      (3)   Home occupations subject to § 154.189(C)(2)(f).

      (4)   Public, parochial and other private elementary schools offering courses in general education subject to § 154.189(C)(2)(a), (b), (g) and (h).

      (5)   Public utility rights-of-way and pertinent structures subject to § 154.189(C)(2)(a) and (i).

      (6)   Recreational uses other than those governmentally owned and/or operated such as swimming pools, golf courses, tennis clubs and riding academies, subject to § 154.189(C)(2)(a), (b), (g) and (j) to (l).

      (7)   Nursery schools, day nurseries and child care centers subject to § 154.189(C)(2)(o) and subject further to the following provision: that no such conditional use shall be permitted in this district, unless approved, in writing, by the owners of record, at the time the application for conditional use is made to the Planning Commission, of all property adjacent to the property for which the conditional use permit is sought.

   (D)   Area and height regulations.

      (1)   Minimum lot area: 9,100 square feet.

      (2)   Minimum lot width and minimum building setback line: 70 feet.

      (3)   Minimum yard setback (per lot):

         (a)   Front yard: 30 feet.

         (b)   Each side yard: eight feet.

         (c)   Rear yard: 40 feet.

      (4)   Maximum building height: 30 feet above ground, with not more than two stories of actual living space above ground (attics are not counted as living space).

      (5)   Minimum first floor living area: 700 square feet.

(`94 Code, §§ 1157.01 - 1157.04)  (Ord. 26-82, passed 12-28-82; Am. Ord. 18-96, passed 8-13-96; Am. Ord. 16-97, passed 6-10-97; Am. Ord. 17-98, passed 8-11-98; Am. Ord. 3-2000, passed 3-14-00)

   (A)   Purpose.  The purpose of Multiple Family Residential Districts is to provide sites for multiple family dwellings which will generally serve as zones of transition between nonresidential districts and lower density one-family residential districts. The Multiple Family District is further provided to serve the limited needs for the apartment-type dwelling unit in an otherwise medium density one-family residential community.

   (B)   Permitted uses.  The following uses shall be permitted subject to the review and approval of a site plan by the Planning Commission. Site plan review is required between various development features, and further, to reduce the effects such developments may have on adjacent land uses, that is service roads, driveways, parking spaces and areas, accessory buildings or uses and open space areas.

      (1)   One-family dwellings.

      (2)   Two-family dwelling units.

      (3)   Multiple-family dwelling units (two stories or less) subject to the following conditions:

         (a)   A four-foot, six-inch high obscuring fence or wall and a 20-foot wide greenbelt shall be provided on those side or rear yards abutting a one-family residential development. Whenever a greenbelt or planting is required, it shall be planted within six months from the date of issuance of a certificate of occupancy. Such fences and screening devices shall not have any openings for vehicular traffic or other purposes, except those openings as may be required by the Zoning Inspector.

         (b)   No side yards are required along the interior side lot lines of the district, provided walls of structures facing such interior side lines do not contain windows, or other openings; otherwise, the side yard width shall be based on the requirements governing density in division (D) of this section.

         (c)   Ingress and egress to a parking lot lying in an area zoned for multiple-family development shall not be across land zoned for R Residential use.

         (d)   Each entrance and exit to and from any off-street parking lot shall be located at least 25 feet distant from adjacent property located in an R Residential District.

         (e)   The off-street parking areas shall be provided with a continuous and obscuring fence or wall not less than four feet six inches in height measured from the surface of the parking area. The fence or wall shall be provided on all sides where the next zoning district is designated as an R Residential District.

         (f)   Any area once designated as required off-street parking shall never be changed to any other use unless and until equal parking facilities are provided elsewhere.

         (g)   The entire area of the site shall be treated so as to service only the residents of the multiple-family development; and any accessory buildings, uses or services shall be developed solely for the use of residents of the main building. Uses considered herein as accessory uses shall include parking structures, swimming pools, recreation areas, pavilions, cabanas and other uses similar in character and nature to the above listed accessory uses.

      (4)   Comply with the Subdivision Regulations.

   (C)   Conditionally permitted uses.  The following uses shall be permitted subject to the conditions listed in § 154.189(C) and subject further to approval by the Planning Commission.

      (1)   Churches and other buildings for the purpose of religious worship subject to § 154.189(C)(2)(a) to (d).

      (2)   Public utility rights-of-way and pertinent structures subject to § 154.189(C)(2)(a) and (i).

      (3)   Nursery schools, day nurseries and child care centers subject to § 154.189(C)(2)(o).

      (4)   Institutions for medical care: hospitals, clinics, sanitariums, convalescent homes, nursing homes, homes for the aged and philanthropic institutions subject to § 154.189(C)(2)(p).

   (D)   Area and height regulations.

      (1)   Two-family dwelling units.

         (a)   Minimum lot area:  8,000 square feet.

         (b)   Minimum lot width at minimum building setback line: 80 feet.

         (c)   Minimum yard setback (per lot):

            1.   Front yard: 25 feet.

            2.   Each side yard: 5 feet.

            3.   Rear yard: 30 feet.

         (d)   Maximum building height: 25 feet.

         (e)   Minimum first floor living area: 500 square feet.

      (2)   Multiple-family dwelling units.

         (a)   Maximum density requirements:

            1.   In a Multiple Family Residential District, the total number of rooms of 80 square feet or more (not including kitchen and sanitary facilities) shall not be more than the area of the parcel, in square feet, divided by 1,200, divided by the required room assignment. The formula for computing the maximum allowable density per acre is as follows: Maximum Allowable Density per Acre equals Area of Parcel (in square feet) divided by 1,200, divided by Required Room Assignment.  The following required room assignments shall govern in computing the maximum allowable density per acre:

               a.   One bedroom equals Room Assignment 2; maximum density per acre 18.1.

               b.   Two bedroom equals Room Assignment 3; maximum density per acre 12.1.

               c.   Three bedroom equals Room Assignment 4; maximum density per acre 9.0.

               d.   Four bedroom equals Room Assignment 5; maximum density per acre 7.2.

               e.   Plans presented showing bedroom units and including a den, library or other special purpose rooms shall count such extra room as a bedroom for the purpose of computing the maximum allowable density per acre.

            2.   The area used for computing the maximum allowable density per acre shall be the total site area exclusive of any dedicated public right-of-way of either interior or bounding roads.

            3.   All units shall have at least one living room and one bedroom, except that not more than (10%) of the units may be an efficiency apartment unit.

         (b)   Minimum yard setback:

            1.   Minimum yards shall be equal to the height of the building; however, in no case shall the minimum front, side or rear yard setback be less than 80 feet.

            2.   Front, side and rear yard requirements do not include the spacing between buildings for two or more buildings on the same parcel. In such cases, the minimum distance between any two buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than 30 feet. Areas devoted to off-street parking, drives, aisles and maneuvering lanes shall not cover more than 30% of the area of any required yard or required minimum distance between buildings.

(`94 Code, §§ 1159.01 - 1159.04)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   (A)   Other applicable regulations.  Refer to §§ 152.20 through 152.36 in the Code, which are also applicable hereto.

   (B)   Sale of mobile homes.  No space shall be provided on the site of a mobile home park for the sale of mobile homes.

   (C)   House trailer and mobile home defined.  As used in this chapter, HOUSE TRAILER and MOBILE HOME mean any nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to indicated utilities, whether resting on wheels, jacks or other temporary foundation and used or so constructed as to permit its being conveyed upon the public streets or highways.

   (D)   Use outside of park prohibited; exception.  No house trailer, mobile home, recreational vehicle, motor home or similar vehicle shall be used outside of a permitted mobile home park to provide living quarters or space for the conduct of a business, except that a house trailer may be used as a temporary accessory building during the construction of a principal building on the issuance of a temporary permit by the Mayor.

   (E)   Parking of trailers.  The parking of a house trailer, boat trailer and/or boat trailer, mobile home, recreational vehicle, motor home or other similar vehicle outside of a permitted park for such purpose for 48 hours or longer is prohibited, except that an uninhabited boat, trailer, recreational vehicle or motor vehicle can be parked indefinitely on any lot in back of the existing building line but not closer than ten feet from any inhabited portion of any neighboring building.

(`94 Code, §§ 1161.01 - 1161.05)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   (A)   Purpose.  The General Business District makes provisions for a shopping area of regional significance where concentrations of comparison shopping facilities, financial and business services may be found in quantity.

   (B)   Permitted uses.

      (1)   The following retail business and service establishments shall be permitted providing such uses deal directly with the consumer, client and customer:

         (a)   Personal service establishments including repair shops (radio, shoes, television, etc.) tailor shops, barber shops and beauty parlors, photography stores, laundry and dry cleaning agencies (including but not limited to the above).

         (b)   Retail business establishments, including but not limited to, grocery stores and meat markets, dairy stores, dry goods and hardware and other garden supplies, food and beverage stores, except those having the character of a “drive-in.”

         (c)   Professional service establishments, including but not limited to: offices for doctors, dentists and osteopaths.

      (2)   Department stores and supermarkets.

      (3)   Clothing, apparel and variety stores.

      (4)   Preparation and processing of food and drink to be retailed on the premises including bakery, delicatessen, restaurant, ice cream parlor and tavern.

      (5)   Florist shop and garden sales.

      (6)   Hardware and paint sales.

      (7)   Art, stationary, notion, toy and gift sales.

      (8)   Business schools or private schools operated for profit.

      (9)   Commercial recreational uses whose principal activity is located within an enclosed building and including: bowling alley, indoor archery range, billiard hall, skating rink and similar forms of indoor recreational activities.

      (10)   Post office and similar governmental office buildings, serving persons living in adjacent residential areas.

      (11)   Mortuary and funeral home.

      (12)   Hotels.

   (C)   Conditionally permitted uses.  The following uses shall be permitted subject to the conditions listed in § 154.189(C) and subject further to the approval by the Planning Commission:

      (1)   Gasoline service stations subject to § 154.189(C)(2)(q).

      (2)   Retail sales of garden equipment and plant materials located outside and beyond the walls of a structure subject to § 154.189(C)(2)(r).

      (3)   Veterinary hospitals and clinics subject to § 154.189(C)(2)(t).

   (D)   Area and height regulations.

   Minimum yard setback:

      (1)   Front yard: 30 feet.

      (2)   Each side yard: 30 feet where the side yard abuts onto a residential district and on the side adjacent to the residential district only.

      (3)   Rear yard: 30 feet.

      (4)   Maximum height regulations: 40 feet.

   (E)   Prohibited uses.  Residential use, within this district, of the ground and/or basement levels of any nonresidential structure, except as permitted by division (B)(12) above of this section, is specifically prohibited. Residential use of any levels above ground level shall be permitted as a conditional use, subject to compliance with all village, county and state building and safety requirements and such restrictions as may be imposed by the Fire Chief and approved by Council.

(`94 Code, §§ 1163.01 - 1163.04)  (Ord. 26-82, passed 12-28-82; Am. Ord. 32-97, passed 12-9-97; Am. Ord. 10-99, passed 4-27-99; Am. Ord. 5-2002, passed 2-14-02)

   (A)   Purpose.  The Highway Service Business Districts are designed to provide for uses in addition to those specified within the General Business District. This District shall permit uses which, due to their individual characteristics, would be better located outside the primary retail centers of the community. The District also provides for highway service-type facilities primarily aimed at servicing the traveling public.

   (B)   Permitted uses.  The following uses are permitted within the B-2 Highway Service Business District:

      (1)   Gasoline service stations.

      (2)   Eating and drinking establishments.

      (3)   Restaurants, or other places serving food or beverages, and having the characteristics of a “drive-in.”

      (4)   Passenger-transportation agency and terminal.

      (5)   New and used car, mobile home and trailer salesroom or office.

      (6)   Car wash, when completely enclosed within a building.

      (7)   Other highway service business uses similar in character to the above permitted uses.

      (8)   Accessory uses as regulated by §§ 154.040 through 154.045.

      (9)   Parking and loading as regulated by §§ 154.060 and 154.061.

   (C)   Conditionally permitted uses.  The following uses shall be permitted subject to the conditions listed in § 154.189(C) and subject further to the approval by the Planning Commission:

      (1)   Outdoor sales space for the exclusive sale of new or secondhand automobiles, house trailers or rental of trailers and/or automobiles, subject to § 154.189(C)(2)(g) and (n).

      (2)   Motels, subject to § 154.189(C)(2)(s).

      (3)   Retail sales of plant material not grown on the site, and sales of lawn furniture, playground equipment and garden supplies, subject to § 154.189(C)(2)(r).

   (D)   Area and height regulations.

      (1)   Minimum yard setback:

         (a)   Front yard: 40 feet.

         (b)   Each side and rear yard: 35 feet when adjacent to a residential district and on the side adjacent to the residential district only, otherwise, the minimum side yard and rear yard depth shall be 25 feet.

      (2)   Maximum building height: 35 feet.

   (E)   Prohibited uses.  Residential use, within this district, of the ground and/or basement levels of any nonresidential structure, except as permitted by division (C)(2) above of this section, is specifically prohibited.

(`94 Code, §§ 1165.01 - 1165.04)  (Ord. 26-82, passed 12-28-82; Am. Ord. 11-99, passed 4-27-99)  Penalty, see § 154.999

   (A)   Purpose.  The I-1 Light Industrial Districts are designed to accommodate uses which provide repair, storage, manufacturing, processing, wholesaling and distribution facilities and whose external physical effects are restricted to the area of the District. The uses permitted are such that they will not have an undesirable or detrimental effect on adjacent residential or business districts and because of their nature, products and processes require locations separate from establishments which process or manufacture new material.

   (B)   Permitted uses.  The following uses are permitted in the I-1 Light Industrial District.

      (1)   The following basic research, design and experimental firms when conducted within a completely enclosed building:

         (a)   Pharmaceuticals, electrical instruments and devices.

         (b)   Processing of experimental film, or testing, providing no operations shall be conducted or equipment used which would create hazards or noxious or offensive conditions.

      (2)   The manufacturing, compounding, processing and assembly of the following products when conducted wholly within a completely enclosed building having no openings on those sides of the lot where the adjacent districts are zoned for residential use.

         (a)   Bakery goods, candy, cosmetics, toiletries and food products; except fish, sauerkraut, yeast and the refining or rendering of fats and oils.

         (b)   Products from the following previously prepared materials: bone, canvas, cloth, cellophane, cork, feather, fur, glass, hair, horn, leather, plastics, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wool and yarns.

         (c)   Musical instruments, toys, novelties, rubber or metal stamps and other small rubber molded products.

         (d)   Electrical appliances, television sets, radios, phonographs, household appliances.

         (e)   Tool, die, garage and machine shops.

      (3)   Warehouse, storage and transfer facilities, gas and electrical service buildings. Water supply and sewage disposal plants, water and gas tanks. Railroad transfer and storage tracks and freight terminal facilities.

      (4)   Building materials, sales yards and lumber yards provided all materials are located within a building or within an area enclosed on all sides by an obscuring fence or wall six feet in height. The extent of such wall or fence may be determined by the Board of Zoning Appeals.

      (5)   Accessory uses as regulated in §§ 154.040 through 154.045.

      (6)   Parking and loading as regulated in §§ 154.060 and 154.061.

   (C)   Conditionally permitted uses.  The following uses shall be permitted subject to the conditions listed in § 154.189(C)and subject further to the approval by the Planning Commission.

      (1)   Restaurants or other places serving food or beverages except those having the nature of a “drive-in,” subject to § 154.189(C)(2)(t).

      (2)   Mini-storage units.

      (3)   One-family dwelling units.

         (a)   Residential R-1 area and height regulations shall apply.

         (b)   A greenbelt of 20 feet shall be provided on those sides abutting any existing industrial land use.

   (D)   Area and height regulations.

      (1)   Minimum lot area: 20,500 square feet.

      (2)   Minimum lot width at minimum building setback line: 100 feet.

      (3)   Minimum yard setback:

         (a)   Front yard: 50 feet.

         (b)   Each side yard and rear yard: each side yard and the rear yard shall be equal to at least the height of the average of the various heights of the industrial masses, excluding towers and chimneys. Where a side or rear yard abuts onto a residential district, such yard shall in no case be less than 100 feet. An obscuring fence or wall six feet in height and a 20-foot greenbelt shall be provided along those side or rear yards which abut onto a residential district.

         (c)   Maximum building height: 50 feet.

(`94 Code, §§ 1167.01 - 1167.04)  (Ord. 26-82, passed 12-28-82; Am. Ord. 5-2000, passed 3-14-00; Am. Ord. 6-2020, passed 9-8-20)  Penalty, see § 154.999

   (A)   Purpose.  The I-2 Heavy Industrial Districts are designed to accommodate industrial uses in the fields of manufacturing, processing and fabricating, including large scale industrial operations whose external physical effects may be felt by uses located in residential and business districts. The I-2 District is regulated to be exclusively used for industrial purposes free from encroachment by residential or business development. The uses listed herein are intended to permit the manufacture, processing and compounding of semifinished and finished products from raw materials.

   (B)   Permitted uses.  The following uses are permitted within the I-2 Heavy Industrial District:

      (1)   Any of the uses permitted in an I-1 Light Industrial District.

      (2)   Contractors' equipment storage yard or plant, or storage and rental of equipment commonly used by contractors.

      (3)   Storage and sale of grain and livestock feed, provided dust is effectively controlled during all operation.

      (4)   Pottery and figurines using previously pulverized clay, and kiln-fired only with gas or electricity.

      (5)   Welding or other metal-working or molding shop employing reciprocating hammers and presses.

      (6)   Bag, carpet and rug cleaning, provided equipment is installed and operated for the effective precipitation of dust.

      (7)   Foundry, casting lightweight nonferrous metals.

      (8)   Ice manufacturing or cold storage plant.

      (9)   Laundry, cleaning and dyeing plant.

      (10)   Automobile manufacturing or assembly.

      (11)   Boiler shops or structural steel fabricating shops.

      (12)   Brick, tile and terra cotta manufacturing.

      (13)   Cement, bituminous or asphaltic concrete mixing.

      (14)   Meat packing, including the slaughtering of animals.

      (15)   Stone and monument work employing power-driven tools.

      (16)   Accessory uses as regulated by §§ 154.040 through 154.045.

      (17)   Parking and loading as regulated by §§ 154.060 and 154.061.

   (C)   Area and height regulations.

      (1)   Minimum yard setback.

         (a)   Front yard: 50 feet.

         (b)   Each side yard and rear yard: each side and rear yard shall be equal to at least the height of the average of the industrial masses, excluding towers and chimneys. Where a side yard or rear yard abuts onto a residential district, such yard shall in no case be less than 150 feet. An obscuring fence or wall six feet in height and a 20-foot greenbelt shall be provided along those side or rear yards which abut onto a residential district.

      (2)   Maximum building height. 100 feet.

(`94 Code, §§ 1169.01 - 1169.03)  (Ord. 26-82, passed 12-28-82; Am. Ord. 10-95, passed 4-11-95; Am. Ord. 4-2000, passed 3-14-00)

   (B)   District boundaries. There is hereby established an Architectural District which shall include all lots and land within the District described by Railroad Street as its western boundary, then north to Dix Street, then easterly to Sandusky Street, then southerly to Spring Street, then easterly to Portner Street, then southerly to the first east/west alley being south and parallel to East Broadway Street then running parallel to West Broadway Street to Railroad Street, being the point of beginning and as fully described by the District map which is attached to Ordinance 30-2014 as Exhibit A.

      (1)   Whenever a structure, as defined by this Code of Ordinances, whether public or private, within the above-described District is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, reconstruction, enlargement or remodeling involves the exterior design, material, finish grade line, landscaping or orientation of the structure, an application for a certificate of appropriateness shall be filed with the Village Administrator.

      (2)   The application shall be accompanied by a line drawing indicating, at a minimum, the lot dimensions, size, shape and dimensions of the structure, the location and orientation of the structure on the lot and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed narrative description of the proposed design or change of design, use of materials, finish grade line, landscaping and orientation of the structure. Applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by 50% or more, shall be accompanied by a colored elevation showing, at a minimum, the design, use of materials, finish grade line, landscaping and orientation of buildings. In addition, the Board of Architectural Review may require the submission of colored perspectives or architectural renderings.

      (3)   (a)   Upon receipt of an application for a certificate of appropriateness, which is accompanied by the material required by the provisions of subsection (C)(2) hereof, the Village Administrator shall schedule a hearing on the application, which shall be held at the next regular Board meeting occurring more than 14 days after the application is filed or at such special meeting called for this purpose. The 14 day requirement herein may be waived by the Board for good cause shown.

         (b)   At the hearing, all testimony shall be received under oath or affirmation, a verbatim record of the proceedings shall be kept, the application shall be allowed upon application and deposit of fees to the issuance of subpoenas for the attendance of witnesses, and all testimony shall be subject to cross-examination.

         (c)   The Board shall render its decision within a reasonable time after the hearing, not to exceed 60 days, and advise the applicant in writing thereof.

         (d)   In addition, there shall be a notice posted on the subject property stating that an application has been filed and the date of the hearing.

      (1)   The Board of Architectural Review, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration promotes, preserves and enhances the distinctive historical village character of the community and would not be at variance with existing structures within that portion of the District in which the structure is or is proposed to be located as to be detrimental to the interests of the District as set forth in this section. In conducting its review, the Board shall make examination of and give consideration to the elements of the application, including but not necessarily limited to:

         (a)   Height, which shall include the requirements of § 154.085.

         (b)   Building massing, which shall include in addition to the requirements of § 154.085, the relationship of the building width to its height and depth, and its relationship to the viewer’s and pedestrian’s visual perspective.

         (c)   Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship to window openings.

         (d)   Exterior detail and relationships, which shall include all projecting and receding elements of the exterior, including but not limited to porches and overhangs and the horizontal or vertical expression which is conveyed by these elements.

         (e)   Roof shape, which shall include type, form and materials.

         (f)   Materials: texture and color, which shall include a consideration of material compatibility among various elements of the structure.

         (g)   Compatibility of design and details, which shall include the appropriateness of the use of exterior design details.

         (h)   Landscape design and plant materials, which shall include, in addition to the requirements of this Code of Ordinances, lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views.

         (i)   Pedestrian environment, which shall include the provision of features which enhance pedestrian movement and environment and which relate to the pedestrian’s visual perspective.

         (j)   Signage, which shall include, in addition to requirement of §§ 154.120 et seq., the appropriateness of signage to the building.

      (2)   In conducting its inquiry and review, the Board may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding the matters under examination. It may recommend to the applicant changes in the plans that it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Board shall keep a record of its proceedings and shall append to the application copies of information, sketches and data needed to clearly describe any amendment to it.

      (3)   When its review is concluded, the Board will determine by a vote of its members whether the application for a certificate of appropriateness shall be approved. If approved by three or more of its members, the Board shall return the application and appended material to the Village Administrator with the instruction that the certificate of appropriateness be issued, provided all other requirements for a building permit, if applicable, are met. If not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein.

      (1)   Whenever a structure within the District is proposed to be demolished, an application for a certificate of appropriateness shall be filed with the Village Administrator as provided in this section. In considering such application, the Board of Architectural Review shall limit its inquiry to the proposal for grading, landscaping and other design treatment of the property once the structure has been removed.

      (2)   Nothing in this section shall be construed to prevent the demolition of a structure, whether public or private, within the District.

(Ord. 30-2014, passed 12-23-14)