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Ravenna City Zoning Code

TITLE SIX

Zoning

APPENDIX A PLANNING AND ZONING COMMISSION SURVEY REQUIREMENTS

1.   Ohio Administrative Code Section 4733-37-05 PLAT OF SURVEY
   A.   The surveyor shall prepare a scale drawing of every survey in which he or she retraces previously established property lines or establishes new boundaries.
   B.   A copy of this drawing shall be given to the client. When required, another copy shall be filed with the proper agency.
   C.   The surveyor shall include the following details:
      1.   A title such that the general location of the survey can be identified.
      2.   A north arrow with a clear statement as to the basis of the reference direction used.
      3.   The control station(s) or line cited in the deed description and the relationship of the property to this control.
      4.   A notation at each corner of the property stating that the boundary monument was set. In addition, there shall be a statement describing the material, size, position and condition of every monument found and/or set.
      5.   A general notation describing the evidence of occupation that may be found along every boundary line and/or occupation line.
      6.   The length and direction of each line as specified in the deed description of the property or as determined in the actual survey if this differs from what is stated in the deed description by more than the tolerance specified in paragraph (B) of Rule 4733-37-04 of the Ohio Administrative Code.
      7.   A citation of pertinent documents and sources of data used as a basis for carrying out the work.
      8.   The written and graphical scale of the drawing.
      9.   The date of the survey.
      10.   The surveyor's printed name and Ohio registration number, signature and seal (in a form which may be clearly reproduced on any copies which may be made of the original drawing).
2.   If the proposed improvement consists of a single project located on two or more existing lots for which future separate ownership would not be advisable, then the individually affected lots shall be replatted into one lot.
   (Ord. 1984-48. Passed 10-15-85.)

APPENDIX B SITE PLAN REQUIREMENTS

A.   The location plan at a scale of not more than 1,000 feet to the inch.
B.   General Information
   1.   The name and address of the proposed improvement
   2.   Names, addresses and phone numbers of the:
      a.   Owner
      b.   Engineer
      c.   Architect
      d.   Builder
   3.   Names of owners of adjacent properties
   4.   The tract designation according to real estate records
   5.   Present zoning and variances, if any, on this and adjacent parcels
   6.   North arrow
   7.   Scale
   8.   Date
   9.   Property lines, corners and distances
   10.   The area of the parcel
   11.   Benchmark(s) including datum
   12.   Spaces provided for the approval of the:
      a.   Fire Chief
      b.   City Engineer
      c.   Director of Public Service
      d.   Planning and Zoning Commission Chairperson
   13.   The approval signature of the Fire Chief, the City Engineer, the Director of Public Service and the Planning and Zoning Commission Chairperson must be on the final site plans prior to building permits being issued.
C.   Existing Features (drawn to scale)
   1.   Roadways
      a.   Right-of-way widths and names
      b.   Roadway widths
      c.   Roadway materials
      d.   Curbs and curb cuts
      e.   Sidewalks
      f.   Building setback lines
   2.   Utilities (sizes, locations and materials)
      a.   Water mains, water service lines, valves, closest fire hydrants, curb boxes, etc.
      b.   Sanitary sewers, sewer laterals, manholes, invert elevations, overflow elevations, pipe grades
      c.   Storm drains, manholes, catch basins, culverts, ditches, storm laterals, invert elevations, pipe grades
      d.   Electric, telephone and cable television lines, poles, manholes, service boxes, etc.
      e.   Gas lines and appurtenances
   3.   Buildings, fences and other improvements
   4.   Easements (location, width and purpose)
   5.   Swamps, areas subject to flooding, rock outcroppings, major trees (size and species) and other natural features
   6.   Nontypical subsurface conditions, such as existing wells (oil, gas or water), abandoned mines, septic tanks, old building foundations, storage tanks, cisterns, present or former landfill areas, buried swamps, etc., where known
   7.   Signs.
D.   Proposed Improvements
   1.   Zoning changes and/or variances
   2.   Vehicular circulation and storage
      a.   Ingress, egress and circulation plans, including dimensions of aisles, curb radii, etc.; signage if one-way traffic is contemplated
      b.   Number of parking spaces and dimensions of each space (use the proposed zoning standard)
      c.   Paving plan, including edge details
      d.   Striping plan
   3.   The pedestrian circulation plan, including sidewalk details
   4.   Utilities (sizes, locations and materials)
      a.   Water service lines, hydrants, valves, number of meters needed (minimum of one external shutoff valve per meter)
      b.   Sanitary lateral(s), invert elevations, pipe grades, manholes, exterior cleanouts, backflow preventers
      c.   Site drainage
         (1)   Existing and final contours
         (2)   Drainage calculations, including areas, rainfall intensity and runoff coefficients
         (3)   Storm drains, catch basins, culverts, footer drains, pipe grades, manholes, headwalls, aprons, riprap, detention basins
         (4)   Point(s) of discharge of runoff from the site. If different from existing condition onto private property, then written approval of the landowner is required.
      d.   Electric, telephone, cable television and gas service lines and appurtenances (only if they interfere with other site-work improvements)
   5.   Building
      a.   Overall dimensions and setbacks
      b.   Finished floor elevations
      c.   For multifamily: number of bedrooms and square footage of each unit
   6.   Fencing and gates
   7.   Lighting plan and details
   8.   Trash storage and disposal method
   9.   Project signs
   10.   Planting, landscaping and buffering plan and details
   11.   Snow storage areas.
(Ord. 1984-48. Passed 10-15-85; Ord. 1999-071. Passed 6-7-99.)

APPENDIX C CITY OF RAVENNA RESIDENTIAL AND TWO FAMILY SITE PLAN INSTRUCTIONS

   Include the following information on the site plan:
   •   Stamp, signature and certification of registered surveyor or engineer
   •   Address, lot number, builder's name and phone number
   •   Drawing to a scale with north arrow (not more than 30 scale)
   •   Lot dimensions shown with all easements
   •   Set backs shown (side, front, rear)
   •   Utility laterals drawn as they are found in the field and show connections to the house accurately
   •   Label the drive, garage, porch and show 5 foot driveway flares at the curb
   •   City sidewalks shown
   •   Mainline utilities are not necessary to show unless there is a conflict with a structure such as a hydrant, catch basin or manhole
   •   Water boxes are not permitted to be in the driveway or sidewalk
   •   Show the following elevations in reference to the elevation at the top of curb where the apron meets:
      *   Finished floor
      *   Finished garage floor
      *   Top of curb (to be used as the bench mark)
   •   Flow arrows indicating proposed site drainage pattern
   •   Maximum driveway slope is 10% from back of sidewalk to garage
   •   Minimum sanitary lateral slope is 1-1/2%
   •   Water service depth minimum is 48 inches
   •   All driveway aprons to have minimum 5 foot flares
(Ord. 2006-132. Passed 10-2-06.)
 
CODIFIED ORDINANCES OF RAVENNA

1260.01 STATEMENT OF PURPOSE.

   Today, Ravenna serves as the commercial center for a large surrounding area. Ravenna is also the employment center for much of Portage County's population. Additional population increase and the addition of further industrial and commercial construction will significantly increase the development problems in this area. It is essential to the well-being of the Ravenna area that such development shall take place in an orderly and coordinated manner so as to place no undue burden upon residents, developers, industries or commerce. It is the purpose of this Zoning Code to provide for the orderly development of the area; to assure the provision of adequate sites for industry, commerce and residence; to provide for free movement of vehicles upon the streets and highways of the area; to protect industry, commerce and residences against incompatible uses of land; and to assure the provision of adequate space for the parking of vehicles of customers using the commercial, retail and industrial areas. In addition to the above, it is recognized that it is the purpose of industry and commerce to provide the means for decent and respectable lives for the residents of a community. In the interest of public health, safety, morals and the general welfare, it is essential that all districts be considered equal since all districts perform an equally important function within the community, and that all districts be adequately protected in order to enable them to best perform their function within the community. It is also essential that all of the uses of land and buildings within the Ravenna area be so related as to provide for economy in government and so that they may mutually support each other in order that the fullest benefit may be derived from industrial, commercial and living areas. Finally, it is the goal of the City to eliminate and reduce spot zoning, wherever possible.
(Ord. 2001-081. Passed 8-6-01.)

1260.02 AMENDMENT PROCEDURE AND FEE.

   (a)   Amendments. Council may, from time to time, amend by ordinance the number, shape or area of districts established on the Zoning Map or the regulations set forth in this Zoning Code.
   (b)   Initiation of Zoning Code text amendments. Amendments to this Zoning Code text may be initiated in one of the following ways:
      (1)   By adoption of a motion by the Planning and Zoning Commission or the Board of Zoning Appeals;
      (2)   By submittal of a request to the Council by a member of Council;
      (3)   By submittal of a request to the Council by the Mayor of the City.
   (c)   Initiation of Zoning Map amendments. Amendments to the Zoning Map may be initiated in one of the following ways:
      (1)   By adoption of a motion by the Planning and Zoning Commission or the Board of Zoning Appeals;
      (2)   By submittal of a request to the Council by a member of Council;
      (3)   By submittal of a request to the Council by the Mayor of the City;
      (4)   By application with the consent of the property owner of record.
   (d)   Procedure for making an application by a property owner. Any application for amendment to this Zoning Code for a change in the map that is made by a property owner shall be submitted in accordance with the following procedure:
      (1)   The application shall be submitted to the Secretary of the Planning and Zoning Commission who shall schedule meetings, send notices, and insure the proper processing of the application as provided in this Zoning Code.
      (2)   All required data must be provided at least ten days prior to the regularly scheduled meeting of the Planning and Zoning Commission.
   (e)   Required data.
      (1)   Completion of any application forms supplied by the Secretary of the Planning and Zoning Commission.
      (2)   A map of the proposed zoning change including a vicinity map of the areas within 1,000 feet of any part of the property proposed for change. In addition an existing use site map shall be provided that is drawn to a reasonable scale and shows the location of all abutting streets, topographic features, existing utilities, property boundaries, and the location and use of adjacent structures.
      (3)   A list of the names and addresses of the owners of property contiguous to and all property across the street from the property proposed for rezoning. The petitioner shall use the names and addresses available at the Portage County Tax Map Office and the Portage County Auditor’s current tax list on the day of the filing. It shall be the applicant’s responsibility to obtain and submit accurate information.
      (4)   An application fee as required in Section 1278.23 of this Zoning Code.
      (5)   A statement and supporting evidence that the present zoning is unreasonable and that the proposed zoning is the highest and best use of the property consistent with the surrounding neighborhood and land use patterns.
      (6)   The above map, application and supporting material shall be submitted in sufficient number as established by the Secretary of the Planning and Zoning Commission.
      (7)   If the Commission or Council finds it necessary to maintain a strict record of the public hearing procedures or it deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.
      (8)   The owner shall authorize the City to place a temporary sign on the property that states that an amendment has been requested for the property.
   (f)   Planning and Zoning Commission action. Any application shall be submitted in writing by the Secretary of the Planning and Zoning Commission to the Commission for a recommendation to the City Council of approval or disapproval. The Commission shall be given a reasonable period of time, not less than thirty days, and not more than sixty days for consideration and report to Council.
   (g)   Council action. Upon receipt of a recommendation from the Commission, Council shall consider the proposed change together with all supporting documentation. Council shall set a date for a public hearing on said proposal. At least thirty days notice of the time and place of any amendment hearing by Council shall be given, including a statement that opportunity will be afforded to any person desiring to be heard. This notice shall take at least the following form:
      (1)   At least thirty days notice in a newspaper of general circulation of such amendment and the time and place of the hearing thereon, shall be given, including that an opportunity will be afforded to any person desiring to be heard.
      (2)   Notification by first class mail at least ten days prior to the date of the public hearing by the Clerk of Council to all contiguous property owners and land across the street consistent with the names provided by the petitioner. It is the responsibility of the petitioner, not the Clerk of Council to ensure the accuracy of names and addresses.
      (3)   A sign of sufficient size shall be posted on the site by the City to provide reasonable notification of the zoning change. This sign shall be posted at least ten days prior to the public hearing of the zoning change.
   Council may continue the public hearing if Council deems that additional information or study is required. In such a case, the continuation of the hearing, including place, time and date shall be announced to the public at the public hearing at which the continuation is determined necessary and no further notices shall be required.
   During the thirty days prior to the public hearing, the text of the proposed amendment, together with maps, reports, copy of the Commission recommendation and all other material related to the request shall be on file for public examination in the office of the Clerk of the City Council.
   (h)   Standards for review. In reviewing a request for a map change the Commission and the Council shall use the following standards:
      (1)   Will the proposal have an adverse impact on existing uses in the general vicinity?
      (2)   Is the proposal consistent with neighboring land use patterns and in harmony with existing and future land uses?
      (3)   Will the proposal have an adverse impact on traffic considerably beyond the traffic that would be generated by the development of the property if developed under existing zoning? The reports of traffic engineers and/or the City Engineer shall be utilized in this determination.
      (4)   Will the proposal have an adverse impact on drainage considerably beyond the storm water run off that would be generated by the development of the property if developed under existing zoning? The reports of engineers and/or the City Engineer shall be utilized in this determination.
      (5)   Are there adequate utilities available to the site to service the proposed rezoning? The report of the City Engineer shall be utilized in this determination.
      (6)   Is there an error in the map that the proposal will correct or is there a change that has occurred, since the map was adopted, that requires a change in the map from the existing zoning to the land use proposed?
      (7)   Will the proposal contribute to spot zoning?
      (8)   Will the proposal result in a better land use?
      (9)   Were the procedural requirements of this Zoning Code followed by the petitioner?
   (i)   Council action. Within sixty days of the conclusion of the public hearing Council shall take action on the request. If Council action is in accordance with the recommendation of the Commission, a majority vote of Council is necessary. If Council alters, departs, or differs from the recommendation of the Commission such action by Council shall require a vote of three-fourths of the Council. If Council neither affirms the Commission vote nor has adequate votes to alter or depart from the Commission vote, the proposal shall remain on the Council agenda for future action.
   (j)   Reapplication. No reapplication for a zoning map amendment that has been denied in whole or in part by Council shall be resubmitted for a twelve month period from the date of denial unless Council determines that there is newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Council. All reapplications shall be considered new applications and require the submittal of evidence, fees, supporting materials and processing of an original application.
(Ord. 2001-081. Passed 8-6-01.)

1260.03 CONFLICT OF LAWS.

   If any provision of this Zoning Code is found to be inconsistent with any other provision, the more restrictive or greater requirement shall be deemed in each case to be applicable.
(Ord. 2001-081. Passed 8-6-01.)

1260.04 SEPARABILITY.

   If any provision of this Zoning Code, or the application thereof to any zoning lot, building or other structure or tract of land, is declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision which is expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building or other structure or tract of land immediately involved in the controversy. All other provisions of this Zoning Code shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected.
(Ord. 2001-081. Passed 8-6-01.)

1260.05 DEFINITIONS.

   For the purpose of this Zoning Code, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word shall is mandatory and not directory; the word used shall include the words arranged, designed, constructed, altered, converted or intended to be used; and person means, in addition to any individual, a firm, corporation, association or any legal entity which may own or use land or buildings. Any word or term not specifically defined herein shall be construed according to its definition in the Unabridged Oxford Dictionary of the English Language. In addition:
   (1)   Accessory building or accessory use means a subordinate building or use customarily incidental to and located upon the same lot occupied by the main building and use. A tool shed, garage, carport and similar permanent and semi- permanent structure shall be considered as an accessory use. No building or structure used for human occupancy shall be considered an accessory use.
   (2)   Addition means an enlargement in the height, area or volume of a building or its attachments such as porches, decks, et cetera.
   (3)   Adult bookstore means an establishment that derives twenty-five percent or more of its gross income from the sale and rental of, or utilizes twenty-five percent or more of its retail selling area for the display of, books, magazines, other periodicals, films, tapes or cassettes, which materials have as their major or dominant theme matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined hereafter.
   (4)   “Adult entertainment” means a cabaret, nightclub, bar, restaurant, juice bar, club, organization, or other establishment which regularly features person (s) who appear in a state of nudity, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, female breast with less than full opaque covering of any part of the nipple, or human genitals in a discernible turgid state, even if completely and opaquely covered. Specified sexual activities means: human genitals in a state of sexual stimulation or arousal; acts of simulation of acts of human masturbation, sexual intercourse, sodomy, bondage, sadomasochism or bestiality; or fondling or other erotic touching of human genitals, pubic regions, buttock or female breast.
   (5)   Adult motion picture theater means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent or more of its gross income from the showing of, or utilizes twenty-five percent or more of its total viewing time for the presentation of, materials for observation by its patrons which have as their major or dominant theme matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined hereafter.
   (6)   Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, husbandry and the necessary accessory uses for packing, treating or storing produce, provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided, further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
   (7)   Alley, way or lane means any public space or thoroughfare which has been dedicated as a secondary means of servicing abutting property. It is not intended for major traffic use.
   (8)   Alteration means, as applied to a building or structure, a change or rearrangement in the structural part, provided that neither the height, volume or area of the building or structure is changed, or in the exit facilities, or enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
   (9)   Apartment. See Dwelling and Dwelling, multifamily.
   (10)   “Automotive repair garage” means an establishment engaged in the general repair or service of engines, transmissions, automotive glass, exhaust systems, painting, and other similar activities related to the maintenance and upkeep of automobiles.
   (11)   Basement means a story which is more than two feet below the average grade outside of the building.
   (12)   “Bed and breakfast” means an owner-occupied dwelling including overnight accommodations for transient paying guests; meals may be offered to overnight guests only.
   (13)   Billboard means a sign which promotes or advertises a product, service or message which is not related to the principal object or use of the property upon which it is located, or a sign which is offered for rental for such purposes.
   (14)   Boarding house, rooming house, lodging house or tourist home means a building or structure, other than a motel or hotel, where, for compensation, meals or lodging, or lodging and meals, are provided for at least three but not more than ten persons.
   (15)   Building means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
   (16)   Building height means the distance from the average finished grade to the highest point of the building.
   (17)   Building line means the line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located, except as otherwise provided herein.
   (18)   Building, principal means the building housing the principal activity performed on any lot.
   (19)   Carport means a covered automobile parking space not completely enclosed by walls or doors.
   (20)   Centralized sewer system means a system in which individual lots are connected to a common wastewater collection system, whether publicly or privately owned or operated.
   (21)   Centralized water system means a system in which individual lots are connected to a common water distribution system, whether publicly or privately owned or operated.
   (22)   Clinic means any building or other structure devoted to the diagnosis, treatment and care of human outpatients.
   (23)   “Club” means an association of people the primary purpose of which is the advancement of its members and of the community in educational, cultural, recreational or civic pursuits and activities. Clubs commonly include lodges and fraternal organizations.
   (24)   “Cluster development” means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
   (25)   “Co-location” means the use of a wireless telecommunication facility by more than one wireless telecommunications provider.
   (26)   “Commerce” means an activity involved in the buying, selling, and/or trading of goods and/or services for profit or nonprofit purposes.
   (27)   ”Community” means the City of Ravenna.
   (28)   Cul-de-sac means a local street having one end open to vehicular traffic and the other end terminated by a circular vehicular turnaround.
   (29)   “Day care facility” means any building, or portion where adult day care services or child day care services for the care, supervision and protection of individuals are provided on a daily basis, including any on-site outdoor play area. such facilities are designed for use during the day hours and shall not include facilities for overnight accommodations.
   (30)   “Dish” means that part of a television satellite signal-receiving antenna characteristically shaped like a saucer or dish.
   (31)   Drive-in establishment means any building or structure in the nature of a commercial or retail use which provides or offers services or products to customers by direct delivery of the service or product to a customer occupying a natural or mechanical conveyance.
   (32)   Duplex means a building designed for or occupied by, and used exclusively for two families living independently of each other.
   (33)   Dwelling means any building, or portion thereof, which is designed or used primarily for residence purposes, including one-family, two-family and multifamily, but not including hotels, motels, boarding homes, lodging houses, shelters, family care facilities, hospice care or tourist dwellings. However, for purposes of this Zoning Code, a mobile home shall not be included within the meaning of the term dwelling and shall be prohibited from being used for such purpose.
   (34)   Dwelling, multifamily means a dwelling designed for or occupied by three or more families living independently of each other.
   (35)   Dwelling, single-family means a dwelling designed for or used exclusively for residence purposes by one family, except that, for the purposes of this Zoning Code, a mobile home shall not be included within the meaning of the term single-family dwelling.
   (36)   “Dwelling, single-family attached” means a single-family dwelling unit of either one or two-story construction having common or adjoining walls with other such units, located in a structure which has at least three such units and designed so that every dwelling unit has a private entrance to the outdoors at ground level.
      (Ord. 2001-081. Passd 8-6-01.)
   (36a)   “Dwelling, Cluster Single-Family” means a building designed and used exclusively for occupancy by one family, separated from other dwelling units, which is grouped with other dwellings on a site and which is not located on its own subdivided lot. (Ord. 2016-135. Passed 1-17-17.)
   (37)   Dwelling, two-family means a building designed and used exclusively by two families living independently of each other.
   (38)   Dwelling unit means one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including a room or rooms for living, sleeping and eating, except that for purposes of this Zoning Code, a mobile home shall not be used as a dwelling unit.
   (39)   “Electronic game rooms” means an establishment that provides electronic machines that are designed for the purpose of amusement, recreation, sport, pastime, or contest.
   (40)   Essential service means the erection, construction, alteration or maintenance, by public utilities or Municipal departments or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems or collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or Municipal departments or commissions, or for the public health, safety or general welfare.
   (41)   Family means:
      A.   One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants;
      B.   A number of persons, but not exceeding two living together as a single housekeeping unit though not related by blood, adoption or marriage.
   (42)   “Family foster home” means a private residence in which children are received apart from their parents, guardian, or legal custodian by an individual for hire, gain, or reward for nonsecure care, supervision, or training twenty-four hours a day. Family foster care does not include babysitting care provided for a child in the home of a person other than the home of the parents, guardian, or legal custodian of the child. Family foster homes are permitted in all zoning districts in which residential uses are permitted.
   (43)   ”Family care home” means a residential care facility, licensed by the State of Ohio, that provides room and board, and personal care and supervision for at least two but not more than eight, aged, mentally challenged or developmentally disabled persons who are able to be integrated into a family type setting.
   (44)   Floor area means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings. Floor area, for the purpose of these regulations, shall exclude basement, garage, elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps, but may include utility areas when they are part of the main floor.
   (45)   Frontage means the length of a property line shared in common by a lot and the public right of way which provides the principal access to the lot.
   (47)   “Games of chance” means games, contests, sport, or other similar activities in which one gambles by risking money or other valuables with the chance or speculation of improving one’s financial situation.
   (48)   Garage, private means a building or part thereof accessory to a main building and providing for the storage of automobiles, in which no occupation or business for profit is carried on, other than that permitted under the conditional zoning certificate as a home occupation, and which does not reduce the storage of that number of vehicles for which such garage was designed.
   (49)   Garage, public or storage garage means a building or part thereof, other than a private garage for the storage of motor vehicles, in which service station activities may be carried on.
   (50)   Gasoline service station means a place where gasoline, kerosene or any other motor fuel or lubrication oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles.
   (51)   Home occupation means any business conducted entirely within a dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation shall be carried on solely within the main dwelling or an accessory dwelling approved by the Planning and Zoning Commission.
   (52)   “Hospice care” means a facility operated by a hospice care program licensed under Ohio R.C. 3712.04 that is used exclusively for care of hospice patients.
   (53)   Hotel or motel means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding, lodging or rooming house or tourist hotel.
   (54)   Industrial park means a tract of land subdivided and developed according to a comprehensive plan for the use of a community of industries.
   (55)   “Industry” means an activity involved in the assembling, manufacturing, warehousing, processing, compounding, or utilizing other techniques for the purpose of producing a product or providing a service for profit or nonprofit purposes. Industries frequently include ancillary services such as loading docks and outside storage that are an integral part of the activity.
   (56)   “Land use infraction” means a violation of any zoning code provisions that regulate parking on private property, a motor vehicle service or repair business in residential districts, or signage and other graphic displays, and any other regulations dealing with the display of house numbers on buildings.
   (57)   “Lattice tower” means a support structure for a wireless communication tower constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
   (58)   Loading space means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
   (59)   Lot means a parcel of land occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this Zoning Code.
   (60)   Lot area means the computed area contained within the lot lines. The area of the lot lying within the established street right of way shall not be included as part of the lot area for the purpose of this Zoning Code.
   (61)   Lot, corner means a lot at the junction of and abutting upon two intersecting streets.
   (62)   Lot coverage means the portion of the lot area that is covered by any buildings or structures.
   (63)   Lot, double frontage means a lot having a frontage on two streets as distinguished from a corner lot.
   (64)   Lot line, front means the line separating a lot from the street on which the lot fronts.
   (65)   Lot line, rear means the lot line opposite and most distant from the front lot line.
   (66)   Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line; a side lot line separating a lot from another lot or lots is called an interior lot line.
   (67)   Lot of record means a lot which is part of a subdivision, the plot of which has been recorded in the office of the Recorder of Deeds of Portage County, or a lot described by metes and bounds, the deed to which has been recorded in the office of the Register of Deeds of Portage County.
   (68)   Lot, width of means the width measured along the minimum setback line.
   (69)   Minimum living floor area means areas such as the living room, bedroom, bathroom, dining room, rooms for cooking, den, library and family rooms, but shall not include areas such as porches, breezeways, terraces, recreation rooms, utility rooms, garages and basements.
   (70)   Mobile unit means a structure of vehicular, portable design, built on a chassis and designed to be moved from one site to another, and to be used with or without a permanent foundation.
   (71)   “Monopole” means a support structure for a wireless communication tower constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
      (Ord. 2001-081. Passed 8-6-01.)
   (71.1) “New subdivision” means a subdivision that is still under the same regulations in which it was originally approved.
      (Ord. 2008-075. Passed 8-4-08.)
   (72)   Nonconforming use means a building, structure or use of land existing at the time of the enactment of this Zoning Code, and which does not conform to the use regulation of the district in which it is located.
   (73)   “Nursing home” means a home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing home care and of individuals who require personal care services but not skilled nursing home care. A nursing home is licensed by the State of Ohio to provide personal care services and skilled nursing care.
   (74)   Open space means an area of land which is in its natural state or is developed only for the raising of agricultural crops or for public outdoor recreation.
   (75)   “Parabolic or dish-type satellite signal-receiving antenna” hereinafter referred to as “earth station” or “ground station” means one, or a combination of two or more of the following:
      A.   A signal-receiving device (antenna, dish antenna or parabolic or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.
      B.   A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.
      C.   A coaxial cable, the purpose of which is to carry or transmit such signals to a receiver.
   (76)   Parking means the temporary holding of a vehicle for a period longer than required to load or unload persons or goods.
   (77)   Planned unit development means a planned, integrated residential development where minimum lot size and dwelling type may be modified somewhat in the planning stage only to achieve particular design objectives and the economical provision of open space and utilities, while maintaining an overall density consistent with the purpose of the district in which the planned unit residential development is located, and complying with other pertinent requirements of this Zoning Code.
   (78)   Planning and Zoning Commission means the appointed Planning and Zoning Commission of the City.
   (79)   Public utility means any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing under Municipal regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, sewer or water or any other similar public utilities.
   (80)   “Receiver” means a television set or radio receiver.
   (81)   “Residence” means a dwelling in which an individual or individuals reside.
   (82)   Right of way means a parcel of land dedicated to the public for use as a street and the supplying of public utilities.
   (83)   “Satellite dish” means a device shaped like a saucer or dish that is part of a satellite signal-receiving antenna.
   (84)   Setback lines, minimum building means the lines parallel to the street right of way and side and rear property lines and at a distance therefrom equal to the required depth of the front, side and rear yards, and extending across the full width and/or depth of the lot. Where the established street right-of-way line, if any, cannot be ascertained, it shall be deemed to be thirty feet from the central line of the existing roadway. When a major thoroughfare or collector thoroughfare is designated on the Land Use and Thoroughfare Plan, the front setback line shall be measured from the proposed right of way.
   (85)   Sign means any device or surface, on which letters, illustrations, designs, figures or any other symbols are printed, painted, stamped, raised or in any other manner outlined and attached and used for public display, and shall include billboards, ground signs, wall signs, post signs, roof signs, illuminated signs, projecting signs, marquees, street clocks, awnings and canopies and all other like structures.
   (86)   ”Signs for residential purposes” means a sign for the purpose of renting or selling the dwelling unit, identifying the address of the dwelling unit, supporting or opposing a political issue or candidate, temporary signs such as garage sale or vegetable and fruit sales, or other uses associated with the occupancy of a family dwelling unit. No signs for commercial or industrial purposes or to advertise products and services is permitted except signs related to an approved conditional use approved by the Commission.
   (87)   Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   (88)   Specified sexual activities means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
   (89)   Story means the vertical distance from the top surface of one floor to the top surface of the next floor above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.
   (90)   Street line means the dividing line between the street and the lot.
   (91)   Street, private means a thoroughfare which affords principal means of access to abutting property, but which has not been deeded to the public.
   (92)   Street, public means a public thoroughfare which has been dedicated or deeded to the public for public use and properly improved and accepted by Council and which affords the principal means of access to abutting property.
   (93)   Structure means anything constructed or erected which requires location on the ground, including billboards, but not including driveways, parking lots, signs, fences or walls used as fences.
   (94)   Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.
   (95)   “Supermarket” means a building under 50,000 square feet that is principally devoted to the sale of food but may also include other activities such as pharmacy, video rental, alcohol sales, banking, dry cleaning et cetera that are undertaken within the building.
   (96)   Swimming pool means a body of water, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon adults or children, operated and maintained by any person as herein defined, whether he or she is an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures and appurtenances thereto.
   (97)   Swimming pool, family means a swimming pool used or intended to be used solely by the owner or lessee thereof and his or her family, and/or by friends invited to use it without payment of a fee. Such pools are permitted accessory uses in all residential zones. (See Section 1278.13)
   (98)   “Technology park” means a mix of compatible uses including, but not limited to: light manufacturing uses having minimal impact on the surrounding land uses and environment, research and development facilities, office uses, corporate training facilities and related uses in a campus style atmosphere of open spaces, landscaping, buffering, streetscaping, and common signage.
   (99)   “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
   (100)   “Temporary shelter” means a building operated under the daily supervision of a public service agency or charitable institution, in which lodging is provided for not more than ten persons for a period of time not to exceed sixty calendar days. Further, occupancy shall not exceed the requirements of the Housing Code.
   (101)   Thoroughfare, collector means a street designed primarily to provide access between major arterial thoroughfares and local streets, customarily spaced approximately one-quarter mile apart from each other.
   (102)   Thoroughfare, local or local street means a street designed primarily to provide access to adjacent property and to discourage through traffic.
   (103)   Thoroughfare, major arterial means a street designed primarily to facilitate the movement of through traffic, with such streets generally spaced approximately one mile apart from each other.
   (104)   “Transitional use” means a permitted use or structure that by nature or level and scale of activity acts as a transition or buffer between two or more incompatible permitted uses.
   (105)   Usable floor area means that area used for service to the public and excludes areas used principally for nonpublic purposes, such as storage, incidental repair, processing, show windows, restrooms and dressing rooms.
   (106)   Usable open space means the required portion of a lot, excluding the required front yard area, which is unoccupied by principal or accessory buildings and is available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors, excluding parking.
   (107)   Use means the purpose for which a building or premises is or may occupied. In the classification of uses, a use may be a use as commonly understood or the name of any occupation, business, activity or operation carried on or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
   (108)   Used car lot means any lot on which two or more motor vehicles, which have been previously titled in a name other than the manufacturer or dealer, in operating condition are offered for sale or displayed to the public.
   (109)   “Wireless telecommunications antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communication Commission are transmitted or received.
   (110)   “Wireless telecommunications equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   (111)   “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
   (112)   “Wireless telecommunications tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
   (113)   Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein.
   (114)   Yard, front means a yard extending across the full width of a lot and being the perpendicular distance between the road right-of-way line and the nearest portion of any building or structure existing or proposed for construction on such lot. Where the right-of-way line of a public or private road is not established, the right of way shall be assumed to be sixty feet, specifically, thirty feet on either side of the centerline of the traveled way. Where a major or collector thoroughfare is designed on the Land Use and Thoroughfare Plan, the front yard depth shall be measured from the proposed road right-of-way line.
   (115)   Yard, rear means a yard extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the nearest portions of any building or structure existing or proposed to be constructed on such lot. On corner lots, the rear yard depth shall be considered as parallel to the road upon which the lot has its greatest dimension. On both corner lots and interior lots, the rear yard shall be in all cases at the opposite ends of the lot from the front yard.
   (116)   “Yard, side” means a yard between the nearest portion of any building or structure existing or proposed to be constructed on such lot and the side lines of the lot, and extending from the front yard to the rear yard.
   (117)   “Zero lot line” means the location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line.
   (118)   Zoning Code means Title Six of Part Twelve - the Planning and Zoning Code of these Codified Ordinances.
   (119)   “Zoning Map means the most recent version of the City of Ravenna Zoning Map” as maintained by the City Engineer.
      (Ord. 2001-081. Passed 8-6-01.)
   (120)   “Food service operation” means a place, location, site or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this subsection, “served” means a response made to order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
   (121)   “Night club” means a place operated for profit, where food is served for consumption on the premises and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of food or beverages, or both, purchased by patrons.
   (122)   “Restaurant” means a place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold and served at noon and evening, as the principal place of business of the place. “Restaurant” does not include pharmacies, confectionery stores, lunch stands, night clubs and filling stations.
   (123)   “Retail food establishment” means a premises or part of a premises where food is stored, processed, prepared, manufactured or otherwise held or handled for retail sale. Except when expressly provided otherwise, “retail food establishment” includes a mobile retail food establishment, seasonal retail food establishment and temporary retail food establishment.
   (124)   “Bar, tavern or saloon” means an area primarily devoted to the sale and serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
   (125)   “Convenience store” means a retail store with a floor area of less than 2,500 square feet that sells a limited line of groceries and household items, motor oil, lubricants and minor accessories but does not include automotive service stations, gasoline, kerosene or vehicle repair shops. Goods sold at these facilities are primarily prepackaged perishable items, not beverages and fountain-style beverages for self-service by the consumer.
(Ord. 2014-048. Passed 6-2-14.)
 

1262.01 CHIEF BUILDING OFFICIAL.

   (a)   Zoning Inspector. A Chief Building Official shall be employed as the zoning inspector to act as the administrative officer for the purpose of effecting proper administration of this Zoning Code. For the purpose of enforcing this Zoning Code, the Chief Building Official shall have the powers of a law enforcement officer.
   (b)   Deputy Zoning Inspector. The deputy zoning inspector shall have the same powers as the zoning inspector but shall be subject to the administrative control of the zoning inspector.
   (c)   Temporary Zoning Inspector. In the event of the absence of the zoning inspector and deputy zoning inspector from their official duties, the mayor may appoint an acting zoning inspector. Such acting zoning inspector shall have the same duties and powers as the zoning inspector. The mayor may terminate the employment of an acting zoning inspector at any time and in any event, the employment of the acting zoning inspector shall terminate immediately upon the return of the zoning inspector or the deputy zoning inspector to his duties.
   (d)   Responsibilities of the Zoning Inspector. The zoning inspector shall have the following responsibilities and powers:
      (1)   Enforce the provisions of this code and interpret the meaning and application of its provisions subject to appeal to the Zoning Board of Appeals.
      (2)   Receive, review and make determinations on applications for zoning permits as provided by this code.
      (3)   Issue zoning permits as provided by this code, and keep a record of same with notations of special conditions involved.
      (4)   Review and process applications pursuant to the provisions of this code.
      (5)   Make determinations as to whether violations of this code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this code.
      (6)   Conduct inspections of buildings and uses of land to determine compliance or non-compliance with this code.
      (7)   Maintain permanent and current records required by this code, including but not limited to zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for the use of the City Council, Planning and Zoning Commission, the Board of Zoning Appeals and to the public.
      (8)   Revoke a zoning permit or approval issued contrary to this code based on false statements or misrepresentation in the application.
      (9)   Issue tickets and instigate other legal actions for land use infractions pursuant to Ohio R.C. 765.01.
      (10)   Maintain a record of non-conforming uses.
         (Ord. 2001-081. Passed 8-6-01.)

1262.02 ZONING PERMITS AND FEES.

   (a)   Permit required. Before constructing, changing the use of or altering any building, including accessory buildings, or changing the use of any premises, application shall be made to the Chief Building Official for a zoning permit. In addition a zoning permit is required for all structures that require a setback or yard compliance, including but not limited to accessory buildings, parking lots, sheds, and other structures as defined under the terms of this code. Applications shall be of the form prescribed by the Official. Within ten days after the receipt of an application, the Official shall issue a zoning permit if the application complies with the requirements of this Zoning Code and applicable regulations and if the application is accompanied by the proper fee as set forth in subsection (b) hereof. The zoning permit shall become void at the expiration of one year after the date of issuance, unless construction is started. If no construction is started or no use is changed within one year of the date of the permit, a new permit is required upon proper application.
   If an application is for a conditional zoning certificate, the application procedure set forth in Section 1274.02 will be followed in lieu of the above provisions.
   (b)   Permit Fees. Fees for zoning permits required by subsection (a) are as provided in Section 1278.23 of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1262.03 VIOLATIONS; INSPECTIONS; CORRECTIONS.

   (a)   Violations as a nuisance. Any building erected, altered, moved, razed or converted, or any use of land or premises carried on, in violation of any provision of this Zoning Code, is hereby declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this Zoning Code which are observed by any resident shall be reported to the Chief Building Official.
   (b)   Inspections. The Chief Building Official shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Code.
   (c)   Correction period. All violations shall be corrected within a period of fifteen days after the written order is issued or for a longer period of time as indicated by the Chief Building Official in the written order. Any violations not corrected within the specified period of time shall be reported to the Law Director, who shall initiate prosecution procedures within thirty days after receipt of the Official's report.
(Ord. 2001-081. Passed 8-6-01.)

1262.04 LAND USE INFRACTION. (Pursuant to ORC 765)

   The violation of any code provisions related to parking on private property, a motor vehicle service or repair business in residential districts, or signage and other graphic displays dealing with the display of house numbers on buildings is termed a land use infraction and the following provisions shall apply.
   (a)   The zoning inspector acting in his capacity as an enforcement officer may issue a ticket for a land use infraction. Such ticket shall include as a minimum the land use infraction charged, the date, time and place of the infraction. The ticket shall be signed by the zoning inspector and affirm the facts it contains. The ticket shall consist of two parts. The first part shall be notice of the land use infraction charged, and shall provide a time period within which the infraction must be corrected or a summons and complaint will be served. (If the infraction is the second or more infraction of a similar nature issued to the individual, the time period for correction shall be reduced.) The first part of the ticket shall also state that if the person corrects the infraction within the required time period, the ticket shall be voided. The second part of the ticket shall be the summons and complaint. The second part of the ticket shall contain provisions that advise the person upon whom it is served that the person must answer in relation to the infraction charged in the ticket and that certain civil penalties may result from a failure to timely answer, indicate that the person will be afforded a hearing if the person denies in the answer that the person committed the infraction, specify the entity to which, the time within which and the allowable manners in which the answer must be made, indicate the penalties that may result from failure to timely answer and the fine that arises from the land use infraction, warn that failure to timely answer or to appear at a requested hearing will be considered an admission of the land use infraction, and warn that a default civil judgment potentially may be entered against the person.
   (b)   If the offender is present, the zoning inspector shall also record on the ticket the name of the offender in a space provided on the ticket for identification of the offender, and then shall serve the first part of the ticket in accordance with the service requirements of the rules of civil procedure. If the infraction is not corrected within the time period specified on the first part of the ticket, the zoning inspector shall serve the second part of the ticket in accordance with the service requirements of the rules of civil procedure.
   (c)   The original of a ticket issued under this section or any true copy of it shall be considered a record kept in the ordinary course of business and shall be prima-facie evidence of the facts it contains.
   (d)   No person upon whom a ticket charging a land use infraction is served shall be arrested as a result of the commission of the land use infraction.
   (e)   A fine of one hundred dollars ($100.00) shall be levied for each offense. An offense shall be deemed committed each day during which a land use infraction occurs and continues, commencing with the first day after the expiration of the time period granted for compliance after the issuance date of a first offense ticket and commencing with the issuance date of a second or more offense ticket.
      (Ord. 2001-081. Passed 8-6-01.)

1262.05 SITE PLANS.

   Site plans shall be in conformity with the checklist as shown in Appendices B and C following the text of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01; Ord. 2006-132. Passed 10-2-06.)

1262.06 SITE PLAN REVIEW FEES.

   A site plan review fee will be charged accordingly:
   (a)   $100.00 for a residential and two family home site plan;
   (b)   One percent (1%) of the engineer or architect’s cost estimate of site improvements for multi-family, industrial and commercial properties with a minimum review fee of $100.00.
      (Ord. 2006-133. Passed 10-2-06.)

1262.99 PENALTY.

   Whoever violates or fails to comply with any provision of this Zoning Code for which no penalty is otherwise provided is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2001-081. Passed 8-6-01.)
 

1264.01 ESTABLISHMENT.

   There is hereby established in and for the City a Board of Zoning Appeals, which shall have the powers and duties prescribed by law and by this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1264.02 MEMBERSHIP; CHAIRPERSON; RECORDING SECRETARY.

   The Board of Zoning Appeals shall consist of seven members, appointed by the Mayor, at least one of whom shall be an attorney-at-law licensed by the state to engage in the practice of law. None of the members so appointed shall be appointed resident members of the Planning and Zoning Cmmnission, and the members so appointed shall be residents of the City. The members so appointed shall serve for tenns of six years, except that the terms of the members shall be staggered so that three members' terms expire every three years. The members shall be compensated per meeting in an amount as approved by Council. At the first Board meeting in January, the members of the Board shall elect a Chairperson from the membership to serve an annual term. The Chairperson and a Recording Secretary shall follow and obey the rules for the conduct of their affairs as are contained in this Zoning Code.
(Ord. 2001-081. Passed 8-6-01; Ord. 2024-151. Passed 12-2-24.)

1264.03 QUORUM.

   Five members of the Board shall constitute a quorum at all of its meetings, and a concurring vote of four members shall be necessary to effect an action.
(Ord. 2001-081. Passed 8-6-01.)

1264.04 MEETINGS.

   The Board shall meet at the call of its Chairperson and at such other times as it may determine, except that in any event the Board shall meet at least one time every January. All meetings of the Board shall be open to the public.
(Ord. 2001-081. Passed 8-6-01.)

1264.05 WITNESSES.

   The Chairperson, or any member in the absence of the Chairperson, may administer oaths and compel by issuance of subpoena the attendance of witnesses in all matters coming within the purview of the Board and may take testimony of any and all persons appearing before it.
(Ord. 2001-081. Passed 8-6-01.)

1264.06 MINUTES.

   The Board shall keep minutes of all of its proceedings, showing the vote of each member upon each question, or, if a member is absent or fails to vote, indicating such fact. The Board shall keep records of its official actions which shall be filed in the office of the Mayor within ten days of such actions, and the same shall be a public record.
(Ord. 2001-081. Passed 8-6-01.)

1264.07 ADVISORY OPINIONS OF PLANNING AND ZONING COMMISSION.

   The Board may request in writing an advisory opinion from the Planning and Zoning Commission on any question. The Commission shall submit a written report to the Board of such advisory opinion within forty-five days of its receipt of such request.
(Ord. 2001-081. Passed 8-6-01.)

1264.08 POWERS AND DUTIES.

   (a)   The Board shall hear and determine all appeals from any decision or action of the Chief Building Official in the administration and enforcement of this Zoning Code. The Board shall hear and determine all appeals from the refusal of the Chief Building Official or the Planning and Zoning Commission to issue zoning certificates or conditional use certificates. The Board shall hear and determine all appeals from the Planning and Zoning Commission taken pursuant to Section 1220.07. The Board may decide appeals by reversing or affirming, wholly or in part, or by modifying, such decision, action or refusal.
   (b)   The Board may, under the proper circumstances, permit variations from the district regulations established by this Zoning Code in such instances as are not specifically prohibited from exception and variation in this Zoning Code. However, such variations shall not involve changing the use of a parcel of land. Permitted variations include lot area, lot size, lot dimensions, lot width, structure height, yard setback requirements and other lot related variations that impair the logical development of a lot under the existing zoning requirements. These variations shall be obtained only by a showing to the Board of the following:
      (1)   That the effect of this Zoning Code imposes an extreme hardship or practical difficulty to the proponent requesting the variance;
      (2)   That the spirit of this Zoning Code shall be observed;
      (3)   That substantial justice shall be done;
      (4)   That the granting of such variance shall not be contrary to public interest;
      (5)   That the property will not yield a reasonable return without the variance;
      (6)   That the property owner’s predicament can not be feasibly obviated without the variance;
      (7)   That the essential character of the neighborhood will not be substantially altered nor will adjoining properties suffer a substantial detriment as a result of the variance; and
      (8)   That the variance will not adversely affect the delivery of government services.
   (c)   In granting a variance, the Board may attach thereto such conditions relating to the location of the proposed structure or use or to the duration of the variance as it may deem necessary in order to further the purposes of this Zoning Code. The Board may require such evidence and guarantee or bond as it may deem necessary to insure that all such conditions so attached are being and will be complied with.
   (d)   The Board shall have the authority to authorize, through the granting of a variance, a change in this Zoning Code, except as specifically prohibited in this Zoning Code pertaining to particular zoning classifications. The Board shall not have the authority to authorize, through the granting of a variance, a change in the use of any parcel of land. The Board is not empowered to change the zoning classification for any zone district.
   (e)   In carrying into effect its powers to grant a variance, the Board shall be guided by the following criteria:
      (1)   In general, the power to authorize a variance from the terms of this Zoning Code shall be sparingly exercised and only under peculiar and exceptional circumstances.
      (2)   Any variance granted shall be the minimum needed to alleviate the difficulty or hardship involved.
      (3)   A limitation upon financial gain from the land in use shall not in and of itself constitute a hardship.
      (4)   Any difficulty or hardship constituting the basis for a variance shall not be self- created.
      (5)   Mere evidence that a variance was previously granted under similar circumstances shall not be considered sufficient grounds for granting a variance.
   (f)   The Board, upon granting a variance, shall be bound to make specific findings, based upon the evidence adduced as follows:
      (1)   That the strict application of this Zoning Code, where such variance is not specifically prohibited by this Zoning Code, would result in extreme hardship to the proponent;
      (2)   That exceptional and extraordinary circumstances or conditions applying to the property involved are in existence which do not apply generally to other properties or uses in the same zoning district; and
      (3)   That the granting of such variance will not be of substantial detriment to the public interest or to adjacent property or improvements in such district as the variance is sought, and will not materially impair the purpose and intent of this Zoning Code.
   (g)   The Board, if confronted with a request for a variance or exception of which it lacks authority to act upon, shall refer such request or application to the Planning and Zoning Commission for review and recommendation to Council.
(Ord. 2001-081. Passed 8-6-01.)

1264.09 INTERPRETATIONS.

   The Board shall, upon application filed as hereinafter provided, have the power to hear and decide any question involving the interpretation of any provision of this Zoning Code, including a determination of the exact location of any district boundary if there is uncertainty with respect thereto. Upon receipt of such application and prior to a decision by the Board, the Board shall, by written request, refer such application to the Planning and Zoning Commission, which Commission shall analyze such application and issue a report on it to the Board within forty-five days of receipt. In considering an interpretation of the Zoning Map, the Board and the Commission, in the preparation of its report, shall give due regard to the nature and conditions of all adjacent uses and structures as well as the public interest.
(Ord. 2001-081. Passed 8-6-01.)

1264.10 APPLICATIONS IN GENERAL; APPLICATIONS FOR APPEALS; FEES.

   (a)   All applications shall be completed by the applicant on the forms prescribed by the Board. All such forms shall be complete at the time of filing. In the event an application is submitted which is incomplete or which is not accompanied by supporting documents as required on the application form, it may be returned to the applicant for refiling. An application shall require the submission of the names of adjacent property owners, including property owners located directly across the street. This submission shall include the property owners' names and addresses. The names and addresses as available at the County Tax Map Office and the County Auditor's office on the day of filing shall be used. It shall be the applicant's responsibility to obtain and submit accurate information.
   (b)   Applications for appeals shall be in writing and on the forms prescribed therefor and shall be accompanied by an application fee as provided in Section 1278.23 of this Zoning Code. Applications for appeals shall be filed with the Chairperson of the Board or, in his or her absence, a member of the Board, within ten days of the alleged adverse decision, action or refusal, except as to appeals from the Planning and Zoning Commission as set forth in Section 1220.07, whereby the procedure set forth in such section shall apply. All applications for appeals shall refer to the specific decision, action or refusal involved and shall exactly set forth the grounds for the appeal.
(Ord. 2001-081. Passed 8-6-01.)

1264.11 APPLICATIONS FOR VARIANCES, EXCEPTIONS AND INTERPRETATIONS; FEES.

   Applications for variances and exceptions shall be in writing and on the forms prescribed therefor and shall be accompanied by a fee as provided in Section 1278.23 of this Zoning Code. All applications for variances and exceptions shall be filed with the Chief Building Official and shall refer to the specific provision of this Zoning Code or the Building and Housing Code which is involved, the details of the variance or exception sought and the grounds on which it is claimed that the variance or exception should be granted. Applications for interpretations of provisions of this Zoning Code may be filed with the Recording Secretary or the Chairperson of the Board of Zoning Appeals, on the forms prescribed by the Board, at no application fee cost.
(Ord. 2001-081. Passed 8-6-01.)

1264.12 NOTICE OF HEARINGS.

   (a)   When an application for appeal, as authorized herein, or an application for a variance or exception, has been filed in proper form with the proper authority, the Board Chairperson or his or her agent shall immediately place the application upon the calendar for hearing and shall cause notices stating the time, place and object of the hearing to be served personally or by United States mail at least ten days prior to the meeting to the following:
      (1)   The party or proponent filing the application;
      (2)   Owners of all real property located within any part of the property to which such appeal or application relates;
      (3)   Owners of all real property located contiguous to any part of the property to which such appeal or application relates; and
      (4)   Owners of all real property located directly across the street from any part of the property to which such appeal or application relates.
   (b)   The Board, at its discretion, may send out further notices to publicize such hearing. Council and the Planning and Zoning Commission shall also be notified in writing. Such hearings shall be advertised by one publication in a newspaper of general circulation in the City, at least ten days before the date of such hearing. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 2001-081. Passed 8-6-01.)

1264.13 DECISIONS.

   (a)   Every decision of the Board shall be by resolution or order, each of which shall contain a full record of the findings of the Board by case number under one or another of the following headings: appeal, variance, exception or interpretation, together with all documents pertaining thereto.
   (b)   The Board shall decide all appeals and rule on all applications for variances or interpretations within ninety days of the date of the initial hearing, except as such time may be extended by mutual consent.
   (c)   A copy of the Board's written resolution or order, signed by the members of the Board voting in the majority thereon, shall be sent to the applicant not more than ten days after the decision was made. Copies shall be sent to the Chief Building Official, Council, the City Engineer and the Planning and Zoning Commission. Such decisions shall be binding upon all City employees, officers, boards and commissions and shall be incorporated in any permit or certificate subsequently issued to the applicant pursuant to such decision. Appeals of decisions of the Board shall be made to the appropriate court of jurisdiction.
   (d)   If the applicant for a variance does not obtain a building permit for the use within twelve months of the date of the granting of the variance by the Zoning Board then the variance shall be void.
(Ord. 2001-081. Passed 8-6-01.)
 

1266.01 ESTABLISHMENT OF DISTRICTS.

   For the purpose of promoting the public health, safety, morals and convenience and the general welfare of the community, the City is hereby divided into districts, as enumerated in Section 1266.02, each being of such number, shape, kind and area and of such common unity of purpose and adaptability of use as are deemed most suitable to carry out the purposes of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1266.02 TYPES OF DISTRICTS.

   Following are the zoning districts of the City established in Section 1266.01:
 
R-1    Residential District
R-2    Residential District
R-3    Residential District
R-4    Residential District
R-5   Residential District
R-6    Residential District
C-1   Light Commercial District
CBD   Central Business District Overlay District
C-2   Heavy Commercial District
I-1   Industrial District
 
(Ord. 2001-081. Passed 8-6-01.)

1266.03 ZONING MAP.

   The districts and their boundary lines are indicated upon a map entitled City of Ravenna Zoning Map as maintained by the City Engineer, which Map is hereby made a part of this Zoning Code. The Zoning Map, together with notations, references and other matters shown thereon, is hereby declared to be a part of this Zoning Code as of the time of its adoption, as designated by signatures and the date thereon by the Clerk. Any changes in such Map hereafter made shall be key-numbered to marginal references thereon with the date of change and initialed by the City Engineer. In the event of a discrepancy between the Map and minutes of adoption or amendment, the minutes record shall control.
(Ord. 2001-081. Passed 8-6-01.)

1266.04 INTERPRETATION OF DISTRICT BOUNDARIES; VACATION OF PUBLIC WAYS.

   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
   (a)   Where Boundaries Approximately Follow Streets, Alleys or Highways. Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys or the centerline or right-of-way lines of highways, such lines shall be construed to be such district boundaries.
   (b)   Where Boundaries Parallel Street Lines, Alley Lines or Highway Right-of-Way Lines. Where district boundaries are indicated as approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distances therefrom as are indicated on the Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on such Zoning Map.
   (c)   Where Boundaries Approximately Follow Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
   (d)   Vacation of Public Ways. Whenever any street, alley or public way is vacated in the 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 and henceforth be subject to all regulations of the extended district.
      (Ord. 2001-081. Passed 8-6-01.)
 

1268.01 R-1 RESIDENTIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate single-family residential dwellings at the lowest density.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within an R-1 Residential District.
      (1)   Single-family residential dwellings.
      (2)   Signs for residential purposes only.
      (3)   City-owned structures and utilities.
      (4)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (5)   Family foster home.
   (c)   Conditionally Permissible Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general regulations of Chapter 1274 and to the specific requirements of Section 1274.04 as listed below.
      (1)   Planned unit development subject to Section 1274.04(x).
      (2)   Home occupation subject to Section 1274.04(s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04(j).
      (4)   Public or parochial school subject to Section 1274.04(b) and (e).
      (5)   Church or building for religious worship subject to Section 1274.04(b), (i), (j), and (o).
      (6)   Park or playground subject to Section 1274.04(b), (g), and (i) .
      (7)   Golf course, except miniature, subject to Section 1274.04(b).
      (8)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h),(i), (j), and (o).
      (9)   Athletic field or public recreation building subject to Section 1274.04(b), (g), (h), (i), (j), and (o).
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit.
         A.   20,000 square feet with centralized water and sewer.
         B.   One and one-half acres without centralized sewer and water.
      (2)   Minimum lot area.
         A.   20,000 square feet with centralized water and sewer.
         B.   One and one-half acres without centralized sewer and water.
      (3)   Minimum lot frontage. Fifty feet.
      (4)   Minimum lot width at the building line.
         A.   100 feet with centralized sewer and water.
         B.   200 feet without centralized sewer and water.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Fifty feet.
      (7)   Minimum rear yard depth.
         A.   Twenty-five feet for a dwelling unit.
         B.   Ten feet for an accessory use.
      (8)   Minimum side yard width.
         A.   Fifteen feet with centralized sewer and water.
         B.   Twenty feet without centralized sewer and water.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement. 2,000 square feet.
      (10)   Maximum height. Thirty-five feet or two and one-half stories.
         (Ord. 2001-081. Passed 8-6-01.)

1268.02 R-2 RESIDENTIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate single-family residential dwellings at a low density.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within an R-2 Residential District.
      (1)   Single-family residential dwellings.
      (2)   Signs for residential purposes only.
      (3)   City-owned structures and utilities.
      (4)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (5)   Family foster homes.
   (c)   Conditionally Permissible Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general regulations of Chapter 1274 and to the specific requirements of Section 1274.04 as listed below.
      (1)   Planned unit development subject to Section 1274.04(x).
      (2)   Home occupation subject to Section 1274.04(s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04(j).
      (4)   Public or parochial school, college or university subject to Section 1274.04(b) and (e).
      (5)   Institution for higher education subject to Section 1274.04(b).
      (6)   Church or building for religious worship subject to Section 1274.04(b), (i), (j) and (o).
      (7)   Public library or museum subject to Section 1274.04(b), (i), (j) and (o).
      (8)   Park or playground subject to Section 1274.04(b), (g) and (i).
      (9)   Golf course, except miniature, subject to Section 1274.04(b).
      (10)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h), (i), (j) and (o).
      (11)   Athletic field or public recreation building subject to Section 1274.04(b), (g), (h), (i), (j), and (o).
      (12)   Cemetery subject to Section 1274.04(b).
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 10,000 square feet.
      (2)   Minimum lot area. 10,000 square feet.
      (3)   Minimum lot frontage. Fifty feet.
      (4)   Minimum lot width at the building line. Seventy-five feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Forty feet.
      (7)   Minimum rear yard depth.
         A.   Twenty-five feet for a dwelling unit.
         B.   Ten feet for an accessory use.
      (8)   Minimum side yard width. Ten feet.
      (9)   Floor area requirements for dwelling units exclusive of basements. 2,000 square feet.
      (10)   Maximum height. Thirty-five feet or two and one-half stories.
      (11)   Improvement Credit. New single-family homes built in R-2 residential districts may receive a credit of 250 square feet to be used in the calculation of the living area of the home if an attached two-car garage and a paved driveway are included as part of the original construction.
         (Ord. 2001-081. Passed 8-6-01; Ord. 2004-092. Passed 8-2-04.)

1268.03 R-3 RESIDENTIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate single-family residential dwellings at a medium density, comparable to the minimum requirements of the City's present Subdivision Regulations.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within an R-3 Residential District.
      (1)   Single-family residential dwellings.
      (2)   Signs for residential purposes only
      (3)   City-owned structures and utilities.
      (4)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (5)   Family foster homes.
   (c)   Conditionally Permissible Uses. The Planning Commission may issue conditional zoning certificates for uses listed herein subject to the general regulations of Chapter 1274 and to the specific requirements of Section 1274.04 as listed below:
      (1)   Planned unit development subject to Section 1274.04(x).
      (2)   Home occupation subject to Section 1274.04(s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04(j).
      (4)   Public or parochial school, college or university subject to Section 1274.04(b) and (e).
      (5)   Institution for higher education subject to Section 1274.04(b).
      (6)   Church or building for religious worship subject to Section 1274.04(b), (I), (j) and (o).
      (7)   Public library or museum subject to Section 1274.04(b) (i), (j) and (o).
      (8)   Park or playground subject to Section 1274.04(b) (g) and (i).
      (9)   Golf course, except miniature, subject to Section 1274.04(b).
      (10)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h), (i), (j) and (o).
      (11)   Athletic field or public recreation building subject to Section 1274.04(b), (g), (h), (i), (j), and (o).
      (12)   Mortuary subject to Section 1274.04(b), (h), (i), (j), (o) and (r).
      (13)   Cemetery subject to Section 1274.04(b).
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 7,200 square feet.
      (2)   Minimum lot area.. 7,200 square feet.
      (3)   Minimum lot frontage. Fifty feet; thirty feet on a cul-de-sac.
      (4)   Minimum lot width at the building line. Sixty feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Forty feet.
      (7)   Minimum rear yard depth.
         A.   Twenty-five feet for a dwelling unit.
         B.   Ten feet for an accessory use.
      (8)   Minimum side yard width. Ten feet; however five feet is permitted on one side only.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement. 1,750 square feet.
      (10)   Maximum height. Thirty-five feet or two and one-half stories.
      (11)   Improvement Credit. New single-family homes built in the R-3 and R-4 residential districts may receive a credit of 250 square feet to be used in the calculation of the living area of the home if an attached two-car garage and a paved driveway are included as part of the original construction.
         (Ord. 2001-081. Passed 8-6-01; Ord. 2004-093. Passed 8-2-04.)

1268.04 R-4 RESIDENTIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate an intermediate zoning between single-family and multifamily zoning.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within an R-4 Residential District.
      (1)   Single-family residential dwellings.
      (2)   Signs for residential purposes only.
      (3)   City-owned structures and utilities.
      (4)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (5)   Family foster homes.
   (c)   Conditionally Permissible Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general regulations of Chapter 1274 and to the specific requirements of Section 1274.04 as listed below.
      (1)   Two-family residential dwelling subject to Section 1274.04(j).
      (2)   Multifamily residential dwelling subject to Section 1274.04(a), (b) (c), (d), (h), (I), (j), (m), and (o).
      (3)   Planned unit development subject to Section 1274.04(x).
        (3a)   Cluster Development subject to Section 1274.04(y).
      (4)   Home occupation subject to Section 1274.04(s).
      (5)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04(j).
      (6)   Institution for higher education subject to Section 1274.04(b).
      (7)   Public or parochial school, college or university subject to Section 1274.04 (b) and (e).
      (8)   Church or building for religious worship subject to Section 1274.04(b), (I), (j) and (o).
      (9)   Public library or museum subject to Section 1274.04(b), (i), (j), and (o).
      (10)   Park or playground subject to Section 1274.04(b), (g) and (i).
      (11)   Golf course, except miniature, subject to Section 1274.04(b).
      (12)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h), (i), (j), and (o).
      (13)   Athletic field or public recreation building subject to Section 1274.04(b), (g), (h), (I), (j), and (o).
      (14)   Mortuary subject to Section 1274.04(b), (h), (i), (j), (o) and (r).
      (15)   Cemetery subject to Section 1274.04(b).
      (16)   Bed and breakfast subject to Section 1274.04 (n), (q) and (r).
      (17)   Family care home subject to section 1274.04 (n), (p), (q) and (r).
      (18)   Temporary shelters subject to section 1274.04 (j), (l), (n), (p), (q), and (r).
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 5,000 square feet.
      (2)   Minimum lot area. 7,200 square feet.
      (3)   Minimum lot frontage. Fifty feet; thirty feet on a cul-de-sac.
      (4)   Minimum lot width at the building line. Sixty feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Twenty feet for single family dwellings; forty feet for conditionally permitted two-family and multifamily dwellings.
      (7)   Minimum rear yard depth.
         A.   Twenty-five feet for a dwelling unit.
         B.   Ten feet for an accessory use.
      (8)   Minimum side yard width. Ten feet; however, five feet is permitted on one side only.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
 
Single-family      1,750 square feet.
Two-family      720 square feet.
Multifamily      550 square feet.
      (10)   Maximum height. Thirty-five feet or two and one-half stories.
      (11)   Improvement Credit. New single-family homes built in the R-3 and R-4 residential districts may receive a credit of 250 square feet to be used in the calculation of the living area of the home if an attached two-car garage and a paved driveway are included as part of the original construction.
         (Ord. 2001-081. Passed 8-6-01; Ord. 2004-094. Passed 8-2-04; Ord. 2016-046. Passed 6-6-16; Ord. 2016-136. Passed 1-17-17.)

1268.05 R-5 RESIDENTIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate multifamily dwellings at a medium density.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within an R-5 Residential District.
      (1)   Single-family residential dwellings.
      (2)   Two-family dwellings.
      (3)   Multifamily dwellings.
      (4)   Signs for residential purposes only.
      (5)   City-owned structures and utilities.
      (6)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (7)   Family foster homes.
   (c)   Conditionally Permissible Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general regulations of Chapter 1274 and to the specific requirements of Section 1274.04 as listed below.
      (1)   Planned unit development subject to Section 1274.04(x).
         (Ord. 2001-081. Passed 8-6-01.)
      (1a)   Cluster Development subject to Section 1274.04(y).
         (Ord. 2016-137. Passed 1-17-17.)
      (2)   Home occupation subject to Section 1274.04(s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04(j).
      (4)   Public or parochial school, college or university subject to Section 1274.04(b) and (e).
      (5)   Institution for higher education subject to Section 1274.04(b).
      (6)   Church or building for religious worship subject to Section 1274.04(b), (i), (j), and (o).
      (7)   Public library or museum subject to Section 1274.04(b), (i), (j) and (o).
      (8)   Park or playground subject to Section 1274.04(b), (g), and (i).
      (9)   Golf course, except miniature, subject to Section 1274.04(b).
      (10)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h), (i), (j) and (o).
      (11)   Athletic field or public recreation building subject to Section 1274.04(b), (g), (h), (i), (j), and (o).
      (12)   Mortuary subject to Section 1274.04(b), (h), (i), (j), (o) and (r).
      (13)   Cemetery subject to Section 1274.04(b).
      (14)   Bed and breakfast subject to section 1274.04 (n), (q) and (r).
      (15)   Family care home subject to section 1274.04 (n), (p), (q) and (r).
      (16)   Temporary shelters subject to section 1274.04 (j), (l), (n), (p), (q), and (r).
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 3,000 square feet.
      (2)   Minimum lot area. 7,200 square feet.
      (3)   Minimum lot frontage. Fifty feet; thirty feet on a cul-de-sac.
      (4)   Minimum lot width at the building line. Sixty feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Twenty feet for single family dwelling units; forty feet for two-family and multiple family units.
      (7)   Minimum rear yard depth.
         A.   Twenty-five feet for a dwelling unit.
         B.   Ten feet for an accessory use.
      (8)   Minimum side yard width.
         A.   Ten feet; however five feet is permitted on one side only for a single family or two family dwelling unit;
         B.   Twenty- five feet for a multiple family unit when adjacent to another multiple family unit and fifty feet when adjacent to a single family or two family unit.
(Ord. 2001-081. Passed 8-6-01.)
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
 
Single-family      1,750 square feet.
Two-family      720 square feet.
Multifamily      550 square feet.
      (10)   Maximum height. Seventy feet.
      (11)   Improvement Credit. New single-family homes built in the R-3, R-4 and R-5 residential districts may receive a credit of 250 square feet to be used in the calculation of the living area of the home if an attached two-car garage and a paved driveway are included as part of the original construction.
         (Ord. 2016-047. Passed 6-6-16.)

1268.06 R-6 RESIDENTIAL DISTRICT.

   (a)    Purpose. This District is established to accommodate multifamily dwellings at the highest density.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses in an R-6 Residential District.
      (1)   Single-family residential dwellings.
      (2)   Two-family residential dwellings.
      (3)   Multifamily residential dwellings.
      (4)   Signs for residential purposes only.
      (5)   City-owned structures and utilities.
      (6)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (7)   Family foster homes.
   (c)   Conditionally Permissible Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general regulations of Chapter 1274 and to the specific requirements of Section 1274.04 as listed below.
      (1)   Planned unit development subject to Section 1274.04 (x).
      (2)   Home occupation subject to Section 1274.04(s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04 (j).
      (4)   Park or playground subject to Section 1274.04(b), (g), and (i).
      (5)   Athletic field or public recreation building subject to Section 1274.04(b).
      (6)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h), (i), (j), and (o).
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit 500 square feet.
      (2)   Minimum lot area. 7,200 square feet.
      (3)   Minimum lot frontage. Forty feet.
      (4)   Minimum lot width at the building line. Sixty feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Twenty feet for single family dwelling units; forty feet for two-family and multiple family units.
      (7)   Minimum rear yard depth.
         A.   Twenty-five feet for a dwelling unit.
         B.   Ten feet for an accessory use.
      (8)   Minimum side yard width.
         A.   Ten feet; however five feet is permitted on one side for a single family or two family dwelling unit;
         B.   Twenty- five feet for a multiple family unit when adjacent to another multiple family unit and fifty feet when adjacent to a single family or two family unit.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
 
Single-family      1,000 square feet.
Two-family      720 square feet.
Multifamily      550 square feet.
      (10)   Maximum height. Seventy feet.
         (Ord. 2001-081. Passed 8-6-01.)

1268.07 C-1 LOCAL COMMERCIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate light commercial business. Buildings and sites are for uses that are smaller in scale and size and recognize the adjoining residential areas that most uses border. Accordingly the size, bulk, and scale of any buildings, while larger than residential buildings, should strive to be harmonious with adjoining residential structures.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within a C-1 Local Commercial District.
      (1)   Single-family residential dwelling units.
      (2)   Signs related to the use on the lot.
      (3)   City-owned structures and utilities.
      (4)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (5)   Park or playground.
      (6)   Business and professional office buildings including but not limited to the following services:
         A.   Legal.
         B.   Financial.
         C.   Architectural.
         D.   Engineering.
         E.   Land title.
         F.   Insurance.
         G.   Real estate.
         H.   Accounting services.
         I.   Government offices.
      (7)   Medical and other health services including but not limited to the following:
         A.   Physician offices.
         B.   Dental offices.
         C.   Optometrist offices.
         D.   Pharmacy.
         E.   Hospice care facility.
      (8)   Personal services including but not limited to the following:
         A.   Interior decorating.
         B.   Travel agent.
         C.   Barber and beauty shops.
      (9)   Retail sales including but not limited to the following:
         A.   Clothing, including shoe repair.
         B.   Household appliances, including repair.
         C.   Bicycles.
         D.   Antiques.
         E.   Art, photo, office supplies and notion.
         F.   Hobby and toy.
         G.   Book, music, and video.
         H.   Jewelry.
         I.   Florist.
         J.   Printing, copying and blueprinting.
         K.   Sporting goods.
         L.   Pet stores, excluding boarding.
         M.   Convenient store.
         N.   Second hand store.
         O.   Preparation, cooking, baking and sale of food but not including supermarkets.
         P.   Delicatessen, confectionary, ice cream parlor or soda fountain.
         Q.   Restaurant.
         R.   Pizza parlor.
         S.   Meat market.
         T.   Hardware store.
         U.   Paint sales.
         V.   Garden supply.
      (10)   General commercial uses.
         A.   Dance studio.
         B.   Banks and savings and loans.
      (11)   Other uses not otherwise provided in this Zoning Code that are determined by the Planning and Zoning Commission, to be consistent with the above uses and substantially in character, use, size, scale, and intent with the above uses. (See Section 1278.01)
   (c)   Conditionally Permissible Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general requirements of Chapter 1274 and to the specific requirements of Section 1274.04 referred to below.
      (1)   Multifamily residential dwelling subject to Section 1274.04 (a) and (b).
      (2)   Home occupation subject to Section 1274.04 (s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04 (j).
      (4)   Passenger transportation agency or terminal.
      (5)   Public or parochial school, college or university subject to Section 1274.04 (b) and (e).
      (6)   Institution for higher education subject to Section 1274.04 (b)
      (7)   Church or building for religious worship subject to Section 1274.04 (b), (I), (j), and (o) with accompanying residential uses for ministers of the church.
      (8)   Public library or museum subject to Section 1274.04 (b), (i), (j) and (o).
      (9)   Swimming pool or tennis club subject to Section 1274.04(b), (g), (h), (i), (j) and (o).
      (10)   Club, lodge or fraternal organization subject to Section 1274.04 (b), (g), (h), (i), (j) and (o).
      (11)   Assembly hall subject to 1274.04 (b), (g), (h), (i), (j) and (o).
      (12)   Dry cleaners or laundry subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (13)   Radio or television studio subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (14)   Veterinary hospital subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (15)   Mortuary subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (16)   Theater subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (17)   Cinema subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (18)   Retail sale of general merchandise subject to 1274.04 (b), (h), (i), (j), and (o).
      (19)   Car wash subject to 1274.04 (b), (g), (h), (I), (j), and (v).
      (20)   Supermarkets subject to 1274.04 (b), (g),(h),(I), (j), and (o).
(Ord. 2001-081. Passed 8-6-01.)
      (21)   Medical marijuana dispensing facilities.
(Ord. 2017-129. Passed 11-6-17.)
      (22)   Health spa, fitness center and massage establishment.
(Ord. 2025-006. Passed 3-3-25.)
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 2,500 square feet.
      (2)   Minimum lot area. 9,600 square feet.
      (3)   Minimum lot frontage. Eighty feet.
      (4)   Minimum lot width at the building line. 100 feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Fifty feet.
      (7)   Minimum rear yard depth. Twenty-five feet.
      (8)   Minimum side yard width. Twenty feet.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
         Multifamily       550 square feet.
      (10)   Maximum height. Fifty feet.
         (Ord. 2001-081. Passed 8-6-01.)

1268.08 CENTRAL BUSINESS DISTRICT.

   (a)   Purpose. This District is established to accommodate a variety of uses in the Central Business District. This district is intended to maintain the traditional historic center of Ravenna with certain unique characteristics including on street parking, zero lot line, and other historic aspects.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within a Central Business District.
      (1)   Signs related to the use on the lot.
      (2)   City-owned structures and utilities.
      (3)   Accessory uses on the same lot. (See Section 1278.10 ; Supplementary Regulations)
      (4)   Park or playground.
      (5)   Business and professional office buildings including but not limited to the following services:
         A.   Legal.
         B.   Financial.
         C.   Architectural.
         D.   Engineering.
         E.   Land title.
         F.   Insurance.
         G.   Real estate.
         H.   Accounting services.
         I.   Government offices.
      (6)   Medical and other health services including but not limited to the following:
         A.   Physician offices.
         B.   Dental offices.
         C.   Optometrist offices.
         D.   Pharmacy.
         E.   Hospice care facility.
      (7)   Personal services including but not limited to the following:
         A.   Interior decorating.
         B.   Travel agent.
         C.   Barber and beauty shops.
      (8)   Retail sales including but not limited to the following:
         A.   Clothing, including shoe repair.
         B.   Household appliances, including repair.
         C.   Bicycles.
         D.   Antiques.
         E.   Art, photo, office supplies and notion.
         F.   Hobby and toy.
         G.   Book, music, and video.
         H.   Jewelry.
         I.   Florist.
         J.   Printing, copying and blueprinting.
         K.   Sporting goods.
         L.   Pet stores, excluding boarding.
         M.   Convenient store.
         N.    Second hand store.
         O.   Preparation, cooking, baking and sale of food but not including supermarkets.
         P.   Delicatessen, confectionary, ice cream parlor or soda fountain.
         Q.   Restaurant.
         R.   Pizza parlor.
         S.   Meat market.
         T.   Hardware store.
         U.   Paint sales.
         V.   Garden supply.
      (10)   General commercial uses.
         A.   Dance studio.
         B.   Banks and savings and loans.
      (11)   Hotel or motel.
      (12)   Cinema.
      (13)   Theater.
      (14)   Skating rink.
      (15)   YMCA or YWCA.
      (16)   Automotive parts dealer.
      (17)   (Repealed)
      (18)   Dry cleaners or laundry.
      (19)   Tavern and bar.
      (20)   Tailor and dressmakers.
      (21)   Department store and retail sales of general merchandise.
      (22)   Wholesale sales office.
      (23)   Wholesale business under 20,000 square feet gross floor area.
      (24)   Radio or television broadcasting station.
      (25)   Other uses not otherwise provided in this Zoning Code that are determined by the Planning and Zoning Commission, to be consistent with the above uses and substantially in character, use, size, scale, and intent with the above uses. (See Section 1278.01 )
   (c)   Conditionally Permitted Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general requirements of Chapter 1274 and to the specific requirements of Section 1274.04 referred to below.
      (1)   Multifamily residential dwelling subject to Section 1274.04 (a) and (b) on second floor and above.
      (2)   Home occupation subject to Section 1274.04 (s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04 (j).
      (4)   Passenger transportation agency or terminal.
      (5)   Public or parochial school, college or university subject to Section 1274.04 (b) and (e).
      (6)   Institution for higher education subject to Section 1274.04 (b).
      (7)   Church or building for religious worship subject to Section 1274.04 (b), (i), (j), and (o) with accompanying residential uses for ministers of the church.
      (8)   Public library or museum subject to Section 1274.04 (b), (i), (j) and (o).
      (9)   Swimming pool or tennis club subject to Section 1274.04 (b), (g), (h), (i), (j) and (o).
      (10)   Club, lodge or fraternal organization subject to 1274.04 (b), (g), (h), (i), (j) and (o).
      (11)   Assembly hall subject to Section 1274.04 (b), (g), (h), (i), (j) and (o).
      (12)   Dry cleaners or laundry subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (13)   Radio or television studio subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (14)   Veterinary hospital subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (15)   Mortuary subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (16)   Car wash subject to Section 1274.04 (b), (g), (h), (i), (j), and (v).
      (17)   Rooming, lodging or boarding house or tourist home.
      (18)   Night club/tavern/bar.
      (19)   Pool hall, excluding electronic games.
      (20)   Food or beverage sales including supermarket.
      (21)   Food locker plant or cold storage plant.
      (22)   Gasoline service station and automotive repair garage subject to Section 1274.04 (f).
      (23)   Small machine shops not exceeding 3,000 square feet, and, further, the property must abut an I-1 District.
      (24)   Off-street public parking lot or parking garage subject to Section 1274.04 (b), (h), (i), and (j).
      (25)   Adult book store subject to Section 1274.04 (b), (h), (i), (j), (o), and (u).
      (26)   Adult motion picture theater and adult entertainment subject to Section 1274.04 (h), (i), (j), (o) and (u).
      (27)   Tattoo shops subject to Section 1274.04 (b), (h), (j), and (k).
      (28)   Body piercing shops subject to Section 1274.04 (b), (h), (j), and (k).
      (29)   Astrology and palm reading subject to Section 1274.04 (b), (h), (j), and (k).
      (30)   Electronic game room(s) subject to Section 1274.04 (b), (h), (j) and (k).
      (31)   Pawn shops.
      (32)   Medical marijuana dispensing facilities.
      (33)   Health spa, fitness center and massage establishment.
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit.
         500 square feet:   new construction.
         200 square feet:   existing buildings.
      (2)   Minimum lot area. 1,000 square feet.
      (3)   Minimum lot frontage. Twenty feet.
      (4)   Minimum lot width at the building line. Twenty feet.
      (5)   Minimum lot depth. Fifty feet.
      (6)   Minimum front yard depth. None.
      (7)   Minimum rear yard depth. None.
      (8)   Minimum side yard width. None.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
         Multifamily 400 square feet.
      (10)   Maximum height. Seventy feet.
(Ord. 2001-081. Passed 8-6-01; Ord. 2006-134. Passed 10-2-06; Ord. 2006-135. Passed 10-2-06; Ord. 2011-097. Passed 8-1-11; Ord. 2014- 049. Passed 6-2-14; Ord. 2017-130. Passed 11-6-17; Ord. 2024-134. Passed 11-4-24; Ord. 2025-008. Passed 3-3-25.)

1268.09 C-2 HEAVY COMMERCIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate heavy commercial business. This use anticipates larger structures with considerable size and scale and accompanying large areas for parking.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used only for one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within a C-2 Heavy Commercial District.
      (1)   Signs related to the use on the lot.
      (2)   City-owned structures and utilities.
      (3)   Accessory uses on the same lot. (See Section 1278.10; Supplementary Regulations)
      (4)   Park or playground.
      (5)   Business and professional office buildings including but not limited to the following services:
         A.   Legal.
         B.   Financial.
         C.   Architectural.
         D.   Engineering.
         E.   Land title.
         F.   Insurance.
         G.   Real estate.
         H.   Accounting services.
         I.   Government offices.
      (6)   Medical and other health services including but not limited to the following:
         A.   Physician offices.
         B.   Dental offices.
         C.   Optometrist offices.
         D.   Pharmacy.
         E.   Hospice care facility.
      (7)   Personal services including but not limited to the following:
         A.   Interior decorating.
         B.   Travel agent.
         C.   Barber and beauty shops.
         D.   Health spa or fitness center.
      (8)   Retail sales including but not limited to the following:
         A.   Clothing, including shoe repair.
         B.   Household appliances, including repair.
         C.   Bicycles.
         D.   Antiques.
         E.   Art, photo, office supplies and notion.
         F.   Hobby and toy.
         G.   Book, music, and video.
         H.   Jewelry.
         I.   Florist.
         J.   Printing, copying and blueprinting.
         K.   Sporting goods.
         L.   Pet stores, excluding boarding.
         M.   Convenient store.
         N.    Second hand store.
         O.   Preparation, cooking, baking and sale of food but not including supermarkets.
         P.   Delicatessen, confectionary, ice cream parlor or soda fountain.
         Q.   Restaurant.
         R.   Pizza parlor.
         S.   Meat market.
         T.   Hardware store.
         U.   Paint sales.
         V.   Garden supply.
      (10)   General commercial uses.
         A.   Dance studio.
         B.   Banks and savings and loans.
      (11)   Hotel or motel.
      (12)   Cinema.
      (13)   Theater.
      (14)   Skating rink.
      (15)   YMCA or YWCA.
      (16)   Automotive parts dealer.
      (17)   Pawn shop.
      (18)   Department store and retail sales of general merchandise.
      (19)   Wholesale sales office.
      (20)   Wholesale business under 20,000 square feet gross floor area.
      (21)   Radio or television broadcasting station.
      (22)   Hospital and medical clinics.
      (23)   Nursing home.
      (24)   Senior assisted housing.
      (25)   Miniature golf course or batting cages.
      (26)   Temporary carnival.
      (27)   Plant greenhouse.
      (28)   Automobile, truck, trailer, boat or farm implement sales, service or storage, both new and used.
      (29)    Building material sales or lumberyard.
      (30)   Heating, plumbing, electrical equipment dealer.
      (31)   Drive-in establishment.
      (32)   Storage garage, yards or vaults, including mini-storage.
      (33)   Newspaper printing.
      (34)   Other uses not otherwise provided in this Zoning Code that are determined by the Planning and Zoning Commission, to be consistent with the above uses and substantially in character, use, size, scale, and intent with the above uses. (See Section 1278.01)
         (Ord. 2001-081. Passed 8-6-01.)
   (c)   Conditionally Permitted Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general requirements of Chapter 1274 and to the specific requirements of Section 1274.04 referred to below.
      (1)   Multifamily residential dwelling subject to Section 1274.04 (a) and (b).
      (2)   Home occupation subject to Section 1274.04 (s).
      (3)   Public utility, facility, right of way or pertinent structure subject to Section 1274.04 (j).
      (4)   Passenger transportation agency or terminal.
      (5)   Public or parochial school, college or university subject to Section 1274.04 (b) and (e).
      (6)   Institution for higher education subject to Section 1274.04 (b).
      (7)   Church or building for religious worship subject to Section 1274.04 (b), (i), (j), and (o) with accompanying residential uses for ministers of the church.
      (8)   Public library or museum subject to Section 1274.04 (b), (i), (j) and (o).
      (9)   Swimming pool or tennis club subject to Section 1274.04 (b), (g), (h), (i), (j) and (o).
      (10)   Club, lodge or fraternal organization subject to Section 1274.04 (b), (g), (h), (i), (j) and (o).
      (11)   Assembly hall subject to Section 1274.04 (b), (g), (h), (i), (j) and (o).
      (12)   Dry cleaners or laundry subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (13)   Radio or television studio subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (14)   Veterinary hospital subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (15)   Mortuary subject to Section 1274.04 (b), (h), (i), (j), and (o).
      (16)   Car wash subject to Section 1274.04 (b), (g), (h), (i), (j), and (v).
      (17)   Rooming, lodging or boarding house or tourist home.
      (18)   Night club.
      (19)   Pool hall, excluding electronic games.
      (20)   Food or beverage sales including supermarket.
      (21)   Food locker plant or cold storage plant.
      (22)   Gasoline service station and automotive repair garage subject to Section 1274.04 (f).
      (23)   Small machine shops not exceeding 3,000 square feet, and, further, the property must abut an I-1 District.
      (24)   Off-street public parking lot or parking garage subject to Section 1274.04 (b), (h), (i), and (j), and (k).
      (25)   Truck terminal, but excluding warehousing.
      (26)   Supermarkets subject to 1274.04 (b), (g), (h), (i), (j) and (o).
      (27)   Adult bookstores.
      (28)   Adult video movie theaters and adult entertainment.
      (29)   Tattoo shops.
      (30)   Body piercing shop.
      (31)   Astrology and palm reading.
      (32)   Electronic game rooms.
      (33)   Skilled gaming business.
      (34)   Medical marijuana dispensing facilities.
      (35)   Health spa, fitness center and massage establishment.
   (d)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 2,500 square feet.
      (2)   Minimum lot area. 9,600 square feet.
      (3)   Minimum lot frontage. Eighty feet.
      (4)   Minimum lot width at the building line. 100 feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Fifty feet.
      (7)   Minimum rear yard depth. Twenty-five feet.
      (8)   Minimum side yard width. Twenty feet.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
         Multifamily      550 square feet.
      (10)   Maximum height. Seventy feet.
(Ord. 2001-081. Passed 8-6-01; Ord. 2006-137. Passed 10-2-06; Ord. 2011-098. Passed 8-1-11; Ord. 2017-131. Passed 11-6-17; Ord. 2025-007. Passed 3-3-25.)

1268.10 I-1 INDUSTRIAL DISTRICT.

   (a)   Purpose. This District is established to accommodate industrial uses.
   All buildings, structures or premises shall be used, arranged to be used or designed to be used for only one or more of the following permitted or conditionally permissible uses.
   (b)   Permitted Uses Within an I-1 Industrial District.
      (1)   Signs.
      (2)   City-owned structures and utilities.
      (3)   Accessory uses on the same lot (See Section 1278.10; Supplementary Regulations)
   (c)   The following uses when conducted no closer than within 100 feet of any R-district. Where the I-1 district abuts upon but is separated from any R-district by a street, the width of the street may be considered as part of the required setback.
      (1)   Storage and wholesaling.
      (2)   Laboratories for industrial or scientific research and development.
      (3)   Technology park.
      (4)   Park or playground.
      (5)   Temporary carnival.
      (6)   Administrative or business office or organization.
      (7)   Office or organization primarily engaged in accounting, architecture, advertising, law, medicine, dentistry, art, correspondence, design, editing, engineering, insurance, photography, realty, research or other similar uses.
      (8)   Professional office or clinic.
      (9)   Governmental offices.
      (10)   Repair of household appliances or bicycles.
      (11)   Dry cleaners or laundry.
      (12)   Food locker plant or cold storage plant.
      (13)   Antique store.
      (14)   Printing, copying, blueprinting.
      (15)   Automotive parts dealer.
      (16)   Garden supply sales.
      (17)   Plant greenhouse.
      (18)   Automobile, truck, trailer, boat or farm implement sales, service or storage, both new and used.
      (19)   Building material sales or lumberyard.
      (20)   Heating, plumbing, electrical equipment dealer.
      (21)   Wholesale sales office.
      (22)   Wholesale business under 20,000 square feet gross floor area.
      (23)   Storage garage, yards or vaults, including mini-storage.
      (24)   Newspaper printing.
      (25)   Truck terminal, but excluding warehousing.
      (26)   Warehousing.
         A.   Wholesale establishments.
         B.   Contractor's equipment storage yard or plant, or storage and rental of equipment commonly used by contractors.
         C.   Fuel, food and goods distribution station, warehouse and storage.
         D.   Motor freight garage, truck or transfer terminal office, warehousing and storage.
         E.   Storage and sale of grain and livestock feed, provided that dust is effectively controlled during all operations.
         F.   Except as may be otherwise regulated herein, the manufacturing, compounding, processing and assembly of products such as:
            1.   Bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products, except fish and rendering or refining of fats or oils.
            2.   Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, fiber, fur, glass, hair, horn, leather, plastics, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wood (where saw and planing mills are employed within a completely enclosed building), yarns.
            3.   Pottery and figurines, using previously pulverized clay and kilns fired only with gas or electricity.
            4.   Musical instruments, toys, novelties, rubber or metal stamps and other small rubber products.
            5.   Electrical and electric appliances, instruments and devices, television sets, radios, phonographs, household appliances.
            6.   Electric and neon signs, billboards and other commercial advertising structures.
            7.   Laboratories and processing: experimental, film or testing, provided that no operations shall be conducted or equipment used which would create hazards or noxious or offensive conditions.
            8.   Electronics equipment and computers.
      (28)   Welding or metal working shop.
      (29)   Carpenter, cabinet, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, sign painting, painting and other similar establishments.
      (30)   Foundry, casting lightweight nonferrous metals or an electric foundry not causing noxious fumes or odors.
      (31)   Gasoline sales when clearly incidental to the principal use of the premises.
      (32)   Repair services for machinery and equipment, including repair garages, and specialty establishments, such as motor, body and fender, radiator, motor tune ups, muffler shops and tire repairing, sales and service including vulcanizing.
      (33)   Bulk station.
      (34)   Stone and monument works employing power driven tools.
      (35)   Sawmill and the manufacture of wood products.
      (36)   Accessory uses on the same lot (See Section 1278.10; Supplementary Regulations)
      (37)   Uses not listed herein or in other sections of this code and which are comparable in character to those type listed may be permitted by the Planning and Zoning Commission. Comparability is further defined in Section 1278.01 of this Zoning Code.
         (Ord. 2001-081. Passed 8-6-01.)
      (38)   Medical marijuana dispensing, cultivating and processing facilities.
         (Ord. 2017-132. Passed 11-6-17.)
   (d)   Conditionally Permitted Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the general requirements of Chapter 1274 and to the specific requirements of Section 1274.04 referred to below.
      (1)   Cellular phone transmission and wireless telecommunication towers subject to Section 1276.
      (2)   Off-street public parking lot or parking garage subject to Section 1274.04 (b), (h), (i), and (j).
      (3)   Gasoline service station subject to Section 1274.04(f).
      (4)   Brewing or distilling of liquors.
      (5)   Cement or bituminous or asphaltic concrete mixing.
      (6)   Coal yards.
      (7)   Crematory.
      (8)   Enameling, lacquering or japanning.
      (9)   Flour or grain mill.
      (10)   Forge or foundry works.
      (12)   Perfume manufacturing.
      (13)   Sewage disposal plant.
      (14)   Acid manufacture, except sulphurous, sulphuric, nitric, picric, carbolic, hydrochloric or other corrosive acid manufacture.
      (15)   Animal black, lampblack, bone black or graphite manufacturing.
      (16)   Fertilizer or compost manufacturing or storage.
      (17)   Grain drying or poultry feed manufacturing, from refuse, mash or grain.
      (18)   Car wash.
      (19)   Single-family housing.
      (20)   Uses not listed herein or in other sections of this code and which are comparable in character to those type listed may be permitted by the Planning and Zoning Commission. Comparability is further defined in Section 1278.01 of this Zoning Code.
   (e)   Area, Density, Setback and Height Regulations.
      (1)   Minimum lot area per dwelling unit. 2,500 square feet.
      (2)   Minimum lot area. 12,000 square feet.
      (3)   Minimum lot frontage. Eighty feet.
      (4)   Minimum lot width at the building line. 100 feet.
      (5)   Minimum lot depth. 120 feet.
      (6)   Minimum front yard depth. Fifty feet.
      (7)   Minimum rear yard depth. Twenty-five feet; Fifty feet if abuts a residential or commercial zone.
      (8)   Minimum side yard width. Twenty-five feet; Fifty feet if abuts a residential or commercial zone.
      (9)   Minimum living floor area per dwelling unit, exclusive of basement.
         Single Family      1,000 square feet
         Multifamily          550 square feet.
      (10)   Maximum height. Seventy feet.
   (f)   Industrial Use Performance Standards All industrial uses shall conform to all of the following standards:
      (1)   Regulation. All industrial operations shall be in compliance with all State of Ohio and federal government regulations as required by the most recent regulations made available by these governmental bodies, including but not limited to noise, air pollution, vibration, radiation, and the pollution of groundwater, surface water and soils.
      (2)   Odor. Emissions of odorous gases or other odorous matter in such quantities as to be offensive beyond the property line shall not be permitted.
      (3)   Toxic gases. Noxious, toxic, or corrosive fumes or gases shall be contained to the site.
      (4)   Glare and heat. All industrial uses shall carry on no operations that would produce heat or glare beyond the property line of the lot on which the industrial operation is located.
      (5)   Waste product. Storage of waste materials shall not be permitted except in an enclosed building or approved containers unless otherwise authorized by the Planning and Zoning Commission. No potentially dangerous effluent shall be discharged.
      (6)   Screening. Where an industrial parcel is contiguous to a residential or commercial district or a public right-of-way, all outdoor storage areas shall be screened from such districts and said public right-of-way by a landscape screen or other visual barrier with plantings.
      (7)   Access and traffic. Access to and from the site shall be designed in a manner conducive to safe ingress and egress.
      (8)   Explosive, hazardous, and radioactive material. The manufacturing, storage, processing, transfer or sale of explosive, hazardous, or radioactive material is prohibited.
      (9)   Outside storage. The outside storage of tires and other materials , processed or unprocessed, is prohibited unless otherwise approved by the Planning and Zoning Commission.
      (10)   Written Evidence. The developer shall submit written evidence of compliance with the above provisions prior to issuance of a permit.
         (Ord. 2001-081. Passed 8-6-01.)

1268.11 OVERLAY DISTRICT.

   (a)   Purpose. This district is established to preserve and protect the traditional development patterns of the central business area and accompanying residential uses. The preservation and continuation of land use patterns that encourage sidewalks for commercial and residential purposes, on-street parking, and other facets common to the existing development is encouraged. The creation of this district is meant to institute procedures, whereby the commission may determine the most appropriate use and design harmonious with traditional development patterns.
   (b)   Applicability. This district is established as an overlay district by the City Council and is superimposed in specific areas over existing districts. All regulations in the underlying district, unless modified by this section, shall apply in addition to these regulations.
   (c)   Boundaries. The boundaries of the central business zone are hereby adopted as the boundaries of the overlay zone.
   (d)   Permitted uses. As a matter of right, those buildings and uses principally permitted in the underlying district shall be permitted in accordance with all applicable regulations of that underlying district.
      (1)   In addition to the underlying district uses the commission may approve the mixture of commercial and residential uses within an area and or within a building. In the case of mixed uses within a building the first floor of the building shall be dedicated to commercial uses. The density of residential use shall be approved by the commission consistent with the purpose of the overlay district.
      (2)   Accessory buildings and uses shall be permitted if approved by the commission as being consistent with the purpose of the overlay district.
   (e)   Parking. On-street parking is recognized as an essential component in traditional town planning. Accordingly, the provision of such parking shall be considered in the calculation of on-site parking and the requirements of Chapter 1272 of this code may be reduced as necessary by the Planning and Zoning Commission in recognition of available on-street parking and the pedestrian nature of the area. All parking and loading is encouraged in rear yards.
   (f)   Sidewalks. Sidewalks are required along all streets and alleys.
   (g)   Yard requirements. The commission may approve yard requirements consistent with the purpose of the overlay district. It is anticipated that commercial buildings will have a zero lot line for front and side yards. Further it is recognized that rear yards will be designed to accommodate parking and loading zones.
   (h)   Landscaping. The commission may waive all landscaping requirements.
   (i)   Signs. No pole signs are permitted.
   (j)   Curb cuts. Curb cuts are discouraged in front yards. Curb cuts are encouraged in rear yards along alleys whenever possible.
   (k)   Building design. Retail commercial buildings shall be designed to be encourage sidewalk shopping and sidewalk access. Features such as large first floor windows dedicated to sidewalk displays are encouraged. A minimum of two stories in height above grade is encouraged.
   (l)   Existing traditional buildings. In the case of destruction to all or part of an existing building constructed prior to 1950 the commission may approve plans to maintain or restore such traditional buildings. The Commission may alter parking requirements, yards, density and floor area provisions to the extent necessary to restore or replace the building to its earlier design, shape, and size.
   (m)   Approval process. All requests that require Planning and Zoning Commission approval shall submit plans consistent with the above provisions. The Commission shall have no more than 65 days from the date of the first meeting at which the plans are discussed to either:
      (1)   Approve the plans as submitted;
      (2)   Approve the plans with modifications and conditions; or
      (3)   Deny the plans as inconsistent with the overlay district. In this instance the Commission shall include in its denial the specific items that are inconsistent with the overlay district provisions.
   (n)   Application fee. A review fee consistent with Section 1278.23 is required.
(Ord. 2001-081. Passed 8-6-01.)

1268.12 RAVENNA ARTS AND VENTURE ENTERPRISE (RAVE) DISTRICT.

   (a)   Purpose. As used in Ohio R.C. 4301.80 Community Entertainment District, the Ravenna Arts and Venture Enterprise (RAVE) District means a bounded area that includes or will include a combination of entertainment, retail, educational, sporting, social, cultural or arts establishments within close proximity. As used in Ohio R.C. 4301.181, the D-5j liquor permit shall be issued only within a Community Entertainment District to the owner or the operator of a retail food establishment or a food service operation licensed under Ohio R.C. Chapter 3717.
   (b)   Applicability. This district is established by the City Council Ordinance 2014-001 and is superimposed in specific areas over existing districts. All regulations in the underlying district, unless modified by this selection, shall apply in addition to these regulations, including zoning restrictions.
   (c)   Boundaries. The boundaries of the RAVE District are hereby adopted as the City boundaries to the east and west, boarded by Highland to the north and Riddle to the south.
   (d)   Permitted Uses. As a matter of right, those buildings and uses principally permitted in the underlying district shall be permitted in accordance with all applicable regulations of that underlying district, including:
      (1)   Hotels;
      (2)   Restaurants;
      (3)   Retail sales establishments;
      (4)   Enclosed shopping centers;
      (5)   Museums;
      (6)   Performing arts theaters;
      (7)   Motion picture theaters;
      (8)   Night clubs;
      (9)   Convention facilities;
      (10)   Sports facilities;
      (11)   Entertainment facilities or complexes;
      (12)   Any combination of the establishments described in division (a)(1) to (11) of this section that provide similar services to the community.
   (e)   Definitions. As used in this section:
      (1)   “Food service operation” means a place, location, site or separate area where food intended to be served in individual portions is prepared or served for a charge or required donations. As used in this division, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
      (2)   “Night club” means a place operated for profit, where food is served for consumption on the premises and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food or beverages, or both, purchased by patrons.
      (3)   “Restaurant” means a place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold and served at noon and evening, as the principal place of business of the place. “Restaurant” does not include pharmacies, confectionery stores, lunch stands, night clubs, and filling stations.
      (4)   “Retail food establishment” means a premises or part of a premises where food is stored, processed, prepared, manufactured or otherwise held or handled for retail sale. Except when expressly provided otherwise, “retail food establishment” includes a mobile retail food establishment, seasonal retail food establishment, and temporary retail food establishment.
         (Ord. 2014-031. Passed 5-5-14.)
 

1270.01 PURPOSE.

   The purpose of this chapter is to provide for the continuation of uses that do not conform to the existing zoning, but which were in operation prior to the enactment of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1270.02 CONTINUATION OF EXISTING USES.

   The lawful use of any building or land existing on the effective date of this Zoning Code may be continued, although such use does not conform with the provisions of this Zoning Code, provided that the following conditions are met:
   (a)   Alterations. A nonconforming building or structure may be altered, improved, reconstructed, enlarged or extended, provided that such work is not to an extent which exceeds, in aggregate cost during any ten-year period, sixty percent of the then fair value of the building or structure as determined by the Chief Building Official, unless the building or structure is changed to a conforming use.
   (b)   Nonconforming to Nonconforming Use. A nonconforming use may be changed to another nonconforming use, provided that the proposed nonconforming use is equal to or in less conflict with the character and use of the district than the existing nonconforming use, as determined by the Planning and Zoning Commission. The Commission shall utilize the following standards in making such a determination.
      (1)   The new nonconforming use is more similar in character to a permitted use in the zoning district in which it is located than the previous nonconforming use, and
      (2)   The new nonconforming use will generate an equal amount or less vehicular traffic than the previous nonconforming use, and
      (3)   The new nonconforming use will not increase the size and bulk of the structure or building to a size that is inconsistent with size and bulk of buildings in the zoning district in which the use is located, and
      (4)   The new nonconforming use will not be more intrusive to the neighborhood than the previous nonconforming use, and
      (5)   The new nonconforming use will not increase storm water runoff onto neighboring properties, and
      (6)   The new nonconforming use will be adequately screened with vegetation consistent with Section 1278.05 of this Planning and Zoning Code, in addition to such other screening and landscaping as required by the Commission to minimize the impact of the nonconforming use on the neighborhood, and
      (7)   The new nonconforming use shall have outside storage that is more similar to a permitted use in the zoning district in which it is located than the previous nonconforming use, and
      (8)   The new nonconforming use shall have signs, in terms of color, design and size, that are more similar to a permitted use in the zoning district in which it is located than the previous nonconforming use.
   (c)   Restoration. Nothing in this Zoning Code shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Zoning Code wherein the expense of such work does not exceed fifty percent of the replacement cost of the building or structure at the time such damage occurred. Where damage exceeds fifty percent of the replacement cost of building, the building shall not be reconstructed, repaired or rebuilt, unless it is done in such a manner as to comply as much as is reasonably practicable with this Zoning Code.
   (d)   Construction Approved Prior to Zoning Code. Nothing in this Zoning Code shall prohibit the completion of construction and use of a nonconforming building for which a zoning certificate has been issued prior to the effective date of this Zoning Code, provided that construction is commenced within ninety days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuous period in excess of thirty days; and that the entire building shall have been completed within two years after the issuance of such zoning certificate.
   (e)   Displacement. No nonconforming use shall be extended to displace a conforming use. (Ord. 2001-081. Passed 8-6-01.)
   (f)   Discontinuance or Abandonment. Whenever a nonconforming use has been discontinued for a period of one year or more, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. At the end of that one-year period of abandonment, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Zoning Code. Planning and Zoning Commission may grant permission to permit the return to a previous nonconforming use for a residential structure whose nonconforming use has been discontinued or abandoned based on length of time not to exceed three (3) years of discontinuance, type of occupancy per district uses and adherence to the property maintenance, building code and zoning code. The Planning and Zoning Commission shall use the 8 standards contained in subsection (b) hereof to determine whether or not to grant such permission.
      (Ord. 2017-063. Passed 7-3-17.)
 

1272.01 OFF-STREET PARKING REQUIRED.

   In all districts, in connection with every building or part thereof hereafter erected, off-street parking facilities shall be provided as prescribed by this chapter. Parking requirements for a use not specifically mentioned in this code shall be determined by using the most similar and restrictive parking space requirement as specified by the Planning and Zoning Commission.
(Ord. 2001-081. Passed 8-6-01.)

1272.02 MINIMUM NUMBER OF SPACES REQUIRED.

   (a)   Housing.
      (1)   Single-family residential dwelling. One per bedroom plus one per unit.
      (2)   Two-family residential dwelling. One per bedroom plus one per unit.
      (3)   Multifamily residential dwelling. One per bedroom plus one per unit.
      (4)   Planned unit development. The sum of individual uses.
      (5)   Rooming, lodging or boarding house, bed and breakfast, temporary shelters, or tourist home. One per sleeping room plus one per employee.
      (6)   Hotel or motel. One per sleeping room plus one per employee.
      (7)   Family foster homes. One per bedroom plus one per unit.
   (b)   Appurtenant Use. For a passenger transportation agency or terminal, a study shall be done by the Planning and Zoning Commission.
   (c)   Human Services. For a hospital, clinic, family care home, hospice care, nursing or aged home, one per bedroom plus one for each employee on the two largest shifts.
   (d)   Educational or Religious Institutions.
      (1)   Public or parochial school, college, university or institution for higher education. One per employee plus one for every four students for elementary schools. One per employee plus one for every two students for high schools. One per employee plus one for every two students at college, university, or institution of higher education.
      (2)   Church or building for religious worship. One per three seats in the principal auditorium.
      (3)   Public library or museum. One per 500 square feet of gross floor area.
   (e)   Recreation, Entertainment or Amusement.
      (1)   Park or playground. Regulated by the Planning and Zoning Commission.
      (2)   Golf course, except miniature. Four per hole plus employee and other uses.
      (3)   Swimming pool or tennis club. One per each two of maximum occupancy.
      (4)   Athletic field or public recreation building. One per each three of maximum capacity.
      (5)   Health spa or fitness center. One per each two of maximum occupancy.
      (6)   Dance studio. One per each 100 square feet of gross floor area.
      (7)   Club, lodge or fraternal organization. One per each two of maximum occupancy.
      (8)   Assembly hall. One per each two of maximum occupancy.
      (9)   Cinema.   One per three seats.
      (10)   Theater. One per three seats.
      (11)   Skating rink. One per 100 square feet of gross floor area.
      (12)   Bowling alley. Four per alley plus one per employee.
      (13)   YMCA or YWCA. One per three maximum occupancy.
      (14)   Dance hall. One per each two of maximum occupancy.
      (15)   Night club. One per each two of maximum occupancy.
      (16)   Pool hall, excluding electronic games. Two per table plus one per employee.
      (17)   Miniature golf course or batting cages. Two per hole plus two per cage plus one per employee.
      (18)   Temporary carnival. Regulated by Council.
   (f)   Offices and Professional Services.
      (1)   Administrative or business office or organization. One per each 200 square feet of usable floor area except medical and dental clinics - six per physician or dentist.
      (2)   Office or organization primarily engaged in accounting, architecture, advertising, law, medicine, dentistry, art, correspondence, design, editing, engineering, insurance, photography, realty, research or other similar uses. One per each 200 square feet of usable floor area except medical and dental clinics - six per physician or dentist.
      (3)   Professional office or clinic. One per 200 square feet of usable floor area except medical and dental clinics - six per physician or dentist.
      (4)   Interior decorating office. One per each 200 square feet of usable floor area.
      (5)   Travel agent. One per each 200 square feet of usable floor area.
      (6)   Financial institution, bank, savings and loan, thrift institution. One per each 200 square feet of usable floor area.
      (7)   Governmental offices. One per each 150 square feet of usable floor area.
   (g)   Personal Services.
      (1)   Barber or beauty shop. Two per chair plus one per employee.
      (2)   Shoe repair shop. One per each 200 square feet of usable floor area.
      (3)   Tailor or dressmaker. One per each 200 square feet of usable floor area.
      (4)   Repair of household appliances or bicycles. One per each 200 square feet of usable floor area.
      (5)   Dry cleaners or laundry. One per each 150 square feet of usable floor area, plus one per each four washers and dryers.
   (h)   Food Service and Sales.
      (1)   Delicatessen, confectionery, ice cream parlor or soda fountain. One per each two seats plus one per employee.
      (2)   Restaurant. One per each three seats plus one per employee per shift.
      (3)   Pizza parlor. One per each three seats plus one per employee.
      (4)   Bakery. One per each 100 square feet of sales area.
      (5)   Meat market. One per each 100 square feet of sales area.
      (6)   Convenience store, and convenience store with self service gasoline pumps. Ten minimum.
      (7)   Tavern or bar. One per each two seats plus one per employee.
      (8)   Food or beverage sales including supermarket. One per each 150 square feet of usable floor area plus one per employee.
      (9)   Food locker plant or cold storage plant. One per each 150 lockers.
      (10)   Temporary agricultural or forestry sales. One per each seventy-five square feet of building area plus one per employee.
   (i)   Retail Sales of Consumer Items.
      (1)   Antique store. One space per employee plus one per each 200 square feet of usable floor area.
      (2)   Art, photo, stationery, office supplies, notion, hobby, toy, book, music, jewelry or gift sales. One per each 200 square feet of usable floor area.
      (3)   Clothing, apparel or shoe store. One per each 200 square feet of usable floor area.
      (4)   Pharmacy. One per each 200 square feet of usable floor area.
      (5)   Florist shop. One per each 200 square feet of usable floor area.
      (6)   Printing, copying, blueprinting. One per each 200 square feet of usable floor area.
      (7)   Sporting goods. One per each 200 square feet of usable floor area.
      (8)   Catalog store. One per each 200 square feet of usable floor area.
      (9)   Secondhand store. One per each 200 square feet of usable floor area.
      (10)   Pet store, excluding grooming and boarding. One per each 200 square feet of usable floor area.
      (11)   Gasoline service station. Minimum of six. When self service gasoline in conjunction with a convenient store a minimum of ten.
      (12)   Automotive parts dealer. One per each 200 square feet of usable floor area.
      (13)   Pawn shop. One per each 200 square feet of usable floor area.
      (14)   Department store. One per each 200 square feet of usable floor area.
      (15)   Hardware or paint sales. One per each 200 square feet of usable floor area.
      (16)   Furniture or appliances. One per each 200 square feet of usable floor area.
      (17)   Retail sale of general merchandise. One per each 200 square feet of usable floor area.
      (18)   Garden supply sales. One per each 200 square feet of usable floor area.
      (19)   Plant greenhouse. One per each 200 square feet of usable floor area.
      (20)   Automobile, truck, trailer, boat or farm implement sales, service or storage, both new and used. Such spaces shall be clearly designated at public spaces separate from vehicles for sale. The number of spaces is regulated by the Planning and Zoning Commission.
      (21)   Building material sales or lumber yard. Regulated by the Planning and Zoning Commission.
      (22)   Heating, plumbing or electrical equipment dealer. One per each 200 square feet of usable floor area.
   (j)   Miscellaneous Uses.
      (1)   Radio or television studio. One per employee plus six visitor spaces.
      (2)   Veterinary hospital. Six per veterinarian.
      (3)   Wholesale sales office. Regulated by the Planning and Zoning Commission.
      (4)   Wholesale business under 20,000 square feet of gross floor area. Regulated by the Planning and Zoning Commission.
      (5)   Drive-in and drive-through establishment. One per employee plus other uses.
      (6)   Storage garage, yards or vaults, including mini-storage. Regulated by the Planning and Zoning Commission.
      (7)   Newspaper printing. One per employee.
      (8)   Truck terminal, but excluding warehousing. One per employee.
      (9)   Mortuary and funeral home. Minimum of twenty per chapel or one per two visitors, whichever is greater.
      (10)   Adult bookstore. One per each 150 square feet of usable floor area.
   (k)   Industrial Uses. One per each employee on each of the two largest shifts.
(Ord. 2001-081. Passed 8-6-01.)

1272.03 USABLE FLOOR AREA.

   For the purpose of determining parking space requirements for this section, the term “usable floor area” means the area used for service to the public and excludes areas used principally for nonpublic purposes such as storage, incidental repair, show window, rest rooms, and other areas that are limited to employees.
(Ord. 2001-081. Passed 8-6-01.)

1272.04 CALCULATION OF PARKING SPACES.

   (a)   In the calculation of required parking spaces any derived number with a fractional value of more than .50 shall be rounded to the next highest whole number.
   (b)   Where seating capacity is designated as the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or each twenty-four lineal inches of seating facilities.
(Ord. 2001-081. Passed 8-6-01.)

1272.05 PARKING SPACE DIMENSIONS.

   Each off-street striped parking space shall have an area of not less than nine feet by eighteen feet, exclusive of access drives or aisles and shall be of usable shape and condition.
(Ord. 2001-081. Passed 8-6-01.)

1272.06 PARKING AND DRIVEWAY SETBACKS AND GENERAL REQUIREMENTS.

   (a)   Setbacks.
      (1)   Driveways and driveway turnarounds for residential purposes shall be located at least five feet from any side or rear property line. No front yard parking is permitted between the structure and the street except in the driveway and driveway turnaround area. Any driveway turnaround in a front yard shall have a minimum front yard setback equal to at least fifty percent of the minimum front yard depth in the zoning district.
      (2)   In commercial zones, (with the exception of the overlay zone), and on any parcel utilized for commercial purposes the driveways, lots, and turnarounds shall be located at least five feet from a rear property line. However, if the use is adjacent to a residentially zoned district twenty-five feet is required. Parking is not permitted in any front nor side yard without the approval of the Planning and Zoning Commission. The Commission based upon subparagraph (3) below, local conditions and adjoining zoning conditions may authorize parking lots in front and side yards.
      (3)   The Planning and Zoning Commission may permit parking in front and side yards within commercial districts. A landscaping plan consistent with Section 1278.05 shall be part of such approval and a minimum front and side yard setback of five feet for parking shall be maintained. When the proposed use is adjacent to a residentially zoned district the adjacent side yard shall be a minimum of ten feet. The Commission may require larger setbacks on these adjacent yards. No setbacks may be required in the overlay zone.
      (4)   Driveways and parking lots for industrial uses shall be located at least five feet from a side or rear property line However, forty-five feet is required if the driveway or lot abuts residentially zoned property.
         (Ord. 2001-081. Passed 8-6-01.)

1272.07 COMMERCIAL AND INDUSTRIAL PARKING REQUIREMENTS.

   (a)   Screening. Off-street parking shall be screened when the parking lot abuts any residential district. This screening shall be consistent with the provisions of Section 1278.05.
   (b)   Access.
      (1)   In commercial and industrial districts all required off-street parking shall have access from a public street in such a manner that any vehicle leaving the premises shall be traveling in a forward motion. When two driveways are located on a site, a separation of at least seventy-five feet shall be maintained from the edge of the first driveway to the closest edge of the second driveway or as approved by the Planning and Zoning Commission. On a corner lot one driveway is permitted on each street.
      (2)   Driveways shall intersect public streets at as close to ninety degrees as the site condition permits. However, in no case shall driveways intersect public streets at less than seventy degrees.
      (3)   Driveways shall be located to minimize traffic congestion and avoid undue interference with pedestrian and vehicular traffic. On corner lots driveways shall be located at an adequate distance from the corner, as determined by the city engineer, to insure the safe flow of traffic.
      (4)   For commercial and industrial uses any driveway shall be not less than thirty feet in width at the street right-of-way nor more than forty-five feet in width at the curb cut line of the street or as approved by the Planning and Zoning Commission.
   (c)   Surface. All required parking lots, loading spaces, driveways, and other vehicular areas shall be surfaced with a pavement having an asphalt or concrete surface of sufficient strength to support vehicular loads imposed on them while providing a durable, dustless surface.
   (d)   Drainage. All parking lots shall be graded and drained so as to dispose of surface water which may accumulate within and upon such area, and shall be designed to prevent the excess drainage of water onto adjacent properties. However, parking lots may be designed as part of an overall detention plan approved by the engineer.
   (e)   Marking. All parking areas shall be marked with paint lines, curb stones or in some other manner approved by the city engineer and shall be maintained in a clearly visible condition.
   (f)   Lighting. Any lights used to illuminate a parking area shall be arranged as to direct the light away from the adjacent properties and right-of-way.
   (g)   Handicapped spaces. Parking spaces for the physically handicapped shall be provided as required by the Americans With Disability Act.
   (h)   Use of parking spaces. No required parking space or area shall be used for sales, storage, repair work, dismantling or servicing of any kind, nor for parking for any other than self-propelled vehicles.
   (i)   Temporary promotions. Parking areas or spaces may be used for temporary promotions or sales which are extensions of the principal business conducted on the property. They may be held for a period not to exceed fifteen days, but not more than two time periods during a calendar year. The area utilized shall not exceed ten percent of the required off-street parking. These temporary sales shall not be hazardous to the health, safety, or welfare of the community.
   (j)   Off-site parking. Off-site parking spaces must be located within 500 feet of an establishment that requires parking spaces. Written proof must be provided that documents the authorization to use such site for a period of time satisfactory to the Planning and Zoning Commission.
(Ord. 2001-081. Passed 8-6-01.)

1272.08 OFF-STREET LOADING FOR NEW COMMERCIAL AND INDUSTRIAL USES.

   (a)   Space requirements. Any building with a gross floor area of 5,000 square feet that is utilized for manufacturing, warehouse, retail store, wholesale store, storage, or other use requiring the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same lot with such building, at least one off street loading space. In addition, at least one additional space shall be provided for each additional 20,000 square feet. Any fraction over .5 that results from such calculation shall be rounded to the next largest whole number.
   (b)   Design standards. All off-street loading spaces shall be in accordance with the following standards:
      (1)   Dimension. Each loading space shall have a minimum dimension not less than 12 feet in width, 40 feet in length and a vertical distance of not less than 14 feet in height.
      (2)   Setbacks. Off-street loading shall not be permitted in required yards.
      (3)   Screening. Screening shall be provided whenever off-street loading is adjacent to a residential zoned district. Screening shall be consistent with Section 1278.05.
      (4)   Access. All off-street loading spaces shall have access from a public street in such a manner that any vehicle leaving the premises shall be traveling in a forward motion.
      (5)   Paving. all off-street loading spaces shall be surfaced with a pavement of asphalt or concrete as approved by the City Engineer of sufficient strength to support vehicular loads imposed on it while providing a durable, dustless surface.
      (6)   Drainage. All off-street loading spaces and driveways shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excess drainage of surface water onto adjacent properties or streets to the satisfaction of the City Engineer.
      (7)   Lighting. All lights used to illuminate a loading area shall be arranged as to reflect the light away from any adjacent property or right-of-way.
   (c)   School bus loading and unloading.
      (1)   Setbacks. No loading and unloading is permitted in a required setback.
      (2)   Screening. Screening shall be provided whenever off-street loading is adjacent to a residentially zoned district. Screening shall be consistent with section 1278.05.
      (3)   Access. All off-street loading shall have access from a public street in such a manner that any vehicle leaving the premises shall be traveling in a forward motion.
      (4)   Paving. All off-street loading spaces shall be surfaced with a pavement of asphalt or concrete of sufficient strength as approved by the City Engineer to support vehicular loads imposed on it while providing a durable, dustless surface.
      (5)   Drainage. All off-street loading spaces and driveways shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excess drainage of surface water onto adjacent properties or streets to the satisfaction of the City Engineer
      (6)   Lighting. All lights used to illuminate a loading area shall be arranged as to reflect the light away from any adjacent property or right-of-way.
      (7)   Location. Any loading and unloading area shall be separated by physical barriers such as curbs or other suitable design from parking areas.
         (Ord. 2001-081. Passed 8-6-01.)
 

1274.01 PURPOSE.

   (a)   Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more use districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with conclusive experience regarding some of the older, familiar kinds of uses call for a more flexible and equitable procedure for properly accommodating these activities in the community. It should be recognized that 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. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.
   (b)   In order to accomplish such a dual objective, provision is made in this Zoning Code for a more detailed consideration of each of certain specified activities as it may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed and the amount and kind of public facilities and services required, together with many other possible factors. Uses of land and structures possessing these particularly unique characteristics are designated as conditionally permissible uses and are permitted through the issuance of a conditional zoning certificate with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.
(Ord. 2001-081. Passed 8-6-01.)

1274.02 APPLICATION FOR CONDITIONAL ZONING CERTIFICATE.

   Any application for a conditional zoning certificate for use of any land or structure permitted under this Zoning Code shall be submitted in accordance with the following procedure:
   (a)   Submission of Application. An application shall be submitted to the Planning and Zoning Commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee as indicated in Section 1278.23.
   (b)   Data Required With Application. The following data shall be required with the application:
      (1)   The form supplied by the Planning and Zoning Commission and completed by the applicant.
      (2)   The site plan, plot plan or development plan of the entire property being considered drawn to a reasonable scale and showing the location of all abutting streets, grading, utilities, traffic, parking, streets and boundaries; the location of all existing and proposed structures; and the type of buildings and their uses.
      (3)   One set of architectural plans and specifications for all proposed development and construction.
      (4)   A statement supported by substantiating evidence regarding the requirements enumerated in Section 1274.03.
      (5)   The owner shall authorize the City to place a temporary sign of reasonable size on the property that provides reasonable notification of the conditional use request.
      (6)    A list of the names and addresses of the owners of property contiguous to the boundary of the property and across the street from the property proposed for the conditional use. The petitioner shall use the names and addresses available at the Portage County tax map office and the Portage County auditor’s current tax list on the day of filing. It shall be the applicant’s responsibility to obtain and submit accurate information.
      (7)   The map and supporting material shall be submitted in sufficient number as established by the Planning and Zoning Commission.
   (c)   Review by Planning and Zoning Commission; Hearing Required.
      (1)   The Commission shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this Zoning Code, for the health, safety and welfare of the community.
      (2)   After adequate review and study of any application, the Commission shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the City at least 14 days prior to the date of the hearing; such notice shall indicate the place, time and subject of the hearing. The City shall place the sign authorized in above division (b) to be placed on the property at least ten days prior to the meeting. Further, the Secretary of the Planning and Zoning Commission shall notify at least ten days prior to the meeting, by first class mail, all property owners contiguous or across the street from the subject property, consistent with the names provided by the petitioner. It is the responsibility of the petitioner, not the City, to ensure the accuracy of names and addresses.
      (3)   The Commission shall make a determination within 60 days. The 60 days within which a decision shall be rendered should commence following the initial public hearing, so that prior to the public hearing, any special reports or surveys required by the Commission can be accomplished.
   (d)   Issuance and Revocation of Certificate.
      (1)   Only upon conclusion of hearing procedures relative to a particular application and the making of a determination that the issuance of the certificate is necessary for the health, safety and welfare of the community, may the Planning and Zoning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically constitute a violation of this Zoning Code. Such violation shall be punishable as provided in Section 1262.99.
      (2)   The conditional zoning certificate shall become void at the expiration of one year after the date of issuance unless construction is started and reasonably continued toward completion.
      (3)   Any use authorized by a conditional zoning certificate shall become void if such use is discontinued for a period of one year.
   (e)   Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Commission.
   (f)   Time period. A conditional use that has been granted by the Planning and Zoning Commission is limited to a 12-month period. During this 12-month period the applicant must fully implement the conditional use. In the case of hardship or practical difficulty the Chair of the Planning and Zoning Commission may extend this period by one time period not more than six months in length.
      (Ord. 2001-081. Passed 8-6-01; Ord. 2002-059. Passed 7-1-02.)

1274.03 STANDARDS FOR APPROVAL OF USE.

   The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find that such proposed use of the proposed location:
   (a)   Will be harmonious with and in accordance with the general objectives or with any special objective of the Master Plan;
   (b)   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 a use will not change the essential character of the same area;
   (c)   Will not be detrimental to property in the immediate vicinity or to the community as a whole;
   (d)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (e)   Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, utilities, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed use will be able to provide adequately any such services;
   (f)   Will include all structures, roads and utilities which shall be in compliance with the Subdivision Regulations, the standards of the Board of Health and the Building Code of the City;
   (g)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
      (Ord. 2001-081. Passed 8-6-01.)

1274.04 REGULATIONS PERTAINING TO CONDITIONALLY PERMISSIBLE USES.

   (a)   Open Space and Lot Coverage for Multifamily and Single-Family Attached Dwellings.
      (1)   Minimum usable open space. At least twenty-five percent of the actual lot area shall be devoted to usable open space.
      (2)   Maximum lot coverage.
         A.   Up to two stories: twenty-five percent.
         B.   Three stories to five stories: twenty percent.
         C.   Parking buildings, when having no part of the buildings used for residence purposes, shall not be considered as part of lot coverage.
   (b)   Additional Setbacks. All structures and activity areas shall be located at least twenty- five feet from all property lines. The Planning and Zoning Commission may increase the requirements to not exceed 100 feet. The Commission shall base its determination on the degree of danger, noise and inconvenience to the adjacent property owners.
   (c)   Recreational Facilities. Recreational facilities shall be provided as deemed necessary by the Commission.
   (d)   Access to Thoroughfares. All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare or two local or collector thoroughfares. The Commission may reduce such distance if it determines that a lesser distance will not create a hazard.
   (e)   Elementary Schools. Elementary schools should be located on a collector or minor thoroughfare.
   (f)   Gasoline Service Stations. Such uses shall be permitted under the following conditions:
      (1)   Such facilities shall be located at the extremity of a nonresidential district so as not to interfere with the pedestrian interchange between stores in the district, provided that such uses would not limit expansion of pedestrian-oriented facilities.
      (2)   All activities, except those required to be performed at the fuel pumps and car washing, shall be carried on inside a building. If work is performed on a vehicle, such vehicle shall be entirely within a building.
      (3)   No more than two driveway approaches shall be permitted directly from any public street and shall not exceed thirty feet in width at right angles to the driveway and shall be at an angle not less than forty-five degrees to the street line.
      (4)   Where there are two driveway approaches from any public street, they shall be spaced at least thirty feet between curb openings.
      (5)   If the property fronts on two or more streets, the near edge of the curb opening shall be located at least thirty feet from the intersection of the curb lines or proposed curb lines projected.
      (6)   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
      (7)   No gasoline storage tank or pump shall be located within fifteen feet of any lot line.
   (g)   Loud speakers which cause hazard or annoyance shall not be permitted.
   (h)   No lighting shall constitute a nuisance or shall in any way impair safe movement of traffic on any street or highway.
   (i)   No lighting shall shine directly onto adjacent property so as to cause a nuisance on adjacent property.
   (j)   Such uses shall be properly landscaped to be harmonious with surrounding residential uses and to adequately buffer the surrounding residential area.
   (k)   No outdoor storage, sales or display of any merchandise shall be permitted.
   (l)   In residential districts the total floor area shall not exceed 400% of the minimum floor area requirement of the residential district.
   (m)   Site locations shall be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
   (n)   Occupancy shall not exceed the requirements of the Housing Code.
   (o)   All garbage, trash, and other waste material shall be stored in closed containers which are located at least ten feet from any lot line that abuts a residentially zoned parcel or residential dwelling unit. These containers shall be screened with walls or fencing at least as high as the container from all streets and all adjoining property.
   (p)   Such home shall meet the certification, licensing, or approval requirements of the appropriate state or county and local certifying agencies. All activities, programs, and other events shall be adequately and properly supervised so as to prevent any hazard and to insure against any disturbance or nuisance to surrounding property, residents, or the community.
   (q)   Such home shall meet building, fire, health and safety standards as set by state and local laws and regulations applicable to such a facility.
   (r)   Such a structure shall maintain its residential character. Any remodeling of the structure shall permit the structure to be utilized as a permitted use in the case of discontinuation of the use. Further, such uses shall be maintained in a neat orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision is met. The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning and Zoning Commission.
   (s)   Home Occupations. Such uses shall be secondary in importance to the use of the dwelling for dwelling purposes. In addition:
      (1)   Such uses shall be conducted by the occupant with not more than one additional employee.
      (2)   Such occupations shall be carried on entirely within the dwelling and not in an accessory building; however, the garage may be used, provided that the home occupation does not preclude storage of the number of vehicles for which the garage was designed.
      (3)   The conducting of the home occupation shall not occupy more than twenty percent of the living floor area of any one dwelling unit.
      (4)   The proposed use shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted elsewhere.
      (5)   No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.
      (6)   The proposed use shall not generate noise, odor, vibrations, dust, lighting glare, electrical interference, fumes, smoke or vehicular or pedestrian traffic in an amount which would tend to depreciate or change the residential character of the neighborhood in which the proposed use is issued.
      (7)   The person conducting the home occupation shall be a full-time resident of the dwelling in which the home occupation is being conducted.
      (8)   No more than one home occupation shall be permitted within a residential unit.
      (9)   No displays or changes in the building facade, including the dwelling and all accessory buildings shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling
      (10)   Storage of materials, products, and machinery shall be wholly enclosed by the dwelling or accessory building.
      (11)   No business related signs are permitted.
      (12)   No use nor storage of explosive, highly combustible, or hazardous materials is permitted.
      (13)   “Parties” for the purpose of taking orders for the selling of merchandise shall not be held more than one time per month.
      (14)   Commercial vehicles shall not be parked nor stored on the street or on the site of the home occupation.
      (15)   The zoning inspector may make periodic inspections of the home occupation to confirm that the conditions upon which the permit was granted have not been violated.
   (t)   Residential Uses in a C-2 District. Such uses shall be above the first floor and shall not be detrimental to or in any way detract from the structure or the C-2 District for commercial purposes, which is its primary function. Each dwelling unit shall have a minimum living floor area of 550 square feet per family. Two off-street parking spaces shall be provided for each dwelling unit as regulated in Chapter 1272.
   (u)   Adult Motion Pictures and Bookstores.
      (1)   Location. No adult bookstore, adult motion picture theater or adult entertainment facility shall be established within 500 feet of any R-1, R-2, R-3, R-4, R-5 or R-6 District, or any residential use, or any school, church, hospital, nursing home or park. No adult bookstore, adult motion picture theater or adult entertainment facility shall be established within 1,000 feet of another adult bookstore, adult motion picture theater or adult entertainment facility.
      (2)   Colors. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that will simulate a sign or advertising message. As used in this subsection, garish means:
         A.   Clothed in vivid colors (as a gypsy - Victoria Sackville-West);
         B.   Excessively vivid; flashy (colors) (oratory);
         C.   Offensively bright; glaring (klieg lights);
         D.   Vulgarly obtrusive; blatant (perfume);
         E.   Tastelessly showy or overdecorated; flamboyant (this front room is furnished with theatrical magnificence - Arnold Bennett); or
         F.   Offensive to the sensibilities; revolting (its cynical and corrupt elements, its violence - Orville Prescott).
         Permitted colors are brown, gray, green, blue or white.
         Strictly prohibited colors are any reflective color, any pastel color, chartreuse, pink and any shade of purple.
      (3)   Signage.
         A.   One sign per business location shall be permitted, not to exceed two faces of eighteen square feet each.
         B.   No off-premises signage of any kind shall be permitted.
         C.   Signs may be lighted, but lighting by neon is prohibited.
         D.   Motion signs are prohibited. Messages may include the word adult but the following words are specifically prohibited:
            1.   Nude.
            2.   Nudes.
            3.   Naked.
            4.   Bare.
            5.   Sex.
            6.   XXX.
      (4)   Entrances. All entrances, exits and opaque windows shall be screened from view from public streets or residential dwellings by an approved fence, wall or natural hedge.
   (v)   Car Washes. There shall be off-street parking (queue) for five cars per hand wash bay, and twenty cars for each automatic bay.
   (w)   Satellite Dishes. Roof-mounted satellite dishes are permitted, but they must be mounted so as not to disturb the character of the district. All satellite dishes in the Historic District are subject to review by the Design Review Commission. Dishes are further regulated by Chapter 1276.
   (x)   Planned Unit Developments.
      (1)   Purpose; intent. It is the purpose of these conditions to recognize and accommodate, in a unified development, creative and imaginative planned residential development and to permit those innovations in the technology of land development that are in the best interests of the City. In order to accomplish this purpose, it is the intention, in establishing these conditions, to:
         A.   Permit, in a planned unit development, a variety of dwelling types, including single-family and multifamily dwellings of the garden apartment, townhouse and high-rise types, and at a maximum density compatible with the purpose of the district within which the planned unit development is proposed;
         B.   Permit the flexible spacing of lots and buildings in order to encourage:
            1.   The separation of pedestrian and vehicular circulation;
            2.   The conservation of the natural amenities of the landscape; and
            3.   The provision of readily accessible recreation areas; and
         C.   Permit suitable associated commercial development consistent with the demand created by the planned unit development and compatible with the existing and proposed use of lands adjacent to the planned unit development.
      (2)   General regulations.
         A.   Use regulations. A building or premises within a planned unit development shall be used only for one or more of the following purposes:
            1.   Single-family detached residential dwellings.
            2.   Single-family attached residential dwellings, but not to exceed the percentage of the total number of dwelling units in the planned unit development prescribed for the zoning district in which the project is located. (See Table below.)
            3.   Multifamily dwellings which may exceed the height limitations of the zoning district in which the project is located, but not to exceed the percentage of the total number of dwelling units in the planned unit development prescribed for the zoning district in which the project is located. (See Table below.)
Dwelling Units in a PUD
(Minimum/Maximum Percentage)
 
District S/F Detached (min.) S/F Detached (max.) Multifamily
R-1      30%          70%          0
R-2      20%          70%          0
R-3      25%          75%          50% max.
R-4      20%          80%          65% max.
 
            4.   Open space which may include, along with the natural environmental features, swimming pools, tennis courts and other recreational facilities deemed permissible by the Planning and Zoning Commission. These facilities are to be used mainly by the residents and their guests of the development in which the facilities are located. Streets, parking lots, structures for habitation or storage and the like shall not be included as part of the required open space and recreational facilities.
            5.   In planned residential developments having at least 400 dwelling units, the Planning and Zoning Commission may issue conditional zoning certificates allowing development of any use which is permitted in a C-1 District. Such commercial activities shall be permitted consistent with the basic architectural theme of the development. The total area on which such commercial activities occur shall not exceed five percent of the total acreage of the proposed planned unit development.
         B.   Area, density, yard and height regulations.
            1.   Minimum area for development. A planned unit development shall contain a minimum of thirty acres as conditionally permitted in R-1, R-2, R-3, R-4, R-5, and R-6 Districts. All land within the development shall be contiguous in that it shall not be divided into segments by any limited access highway or any tract of land (other than streets or rights of way for pipelines or electric transmission lines) not owned by the developer of the planned development.
            2.   Maximum density of residential development. A planned unit development shall not exceed the densities permitted in the district in which it is located except as follows:
               Planned unit developments which exceed fifty acres may have a maximum density exceeding by ten percent the densities set forth above for the respective districts. Planned unit developments which exceed 100 acres may have a maximum density exceeding by fifteen percent the densities set forth above the for the respective districts.
            3.   Minimum lot area for single-family dwellings. As required in district regulations.
            4.   Minimum living floor area for single-family dwellings. As required in district regulations.
            5.   Minimum yard requirements for single-family dwellings. As required in district regulations for the yards that abut adjoining property to the development. However, smaller yards are permitted within the development as approved by the Planning and Zoning Commission.
            6.   Minimum yard requirements for single-family attached dwellings and for multifamily dwellings:
               a.   Front yard depth. Forty feet from the right of way plus one foot for each two feet of height of a multifamily dwelling structure over forty feet.
               b.   Separation from other structures and project boundaries. Multifamily structures and single-family attached dwelling structures shall be separated from any single-family detached dwelling by a distance not less than twice the height of the multifamily or two-family dwelling structure. Multifamily structures and two-family dwelling structures shall be separated from any other multifamily or nonresidential structure not structurally joined by a distance not less than one-half the height of the multifamily or single-family attached structure, or fifteen feet, whichever is more. Multifamily structures and single- family attached dwelling structures shall be separated from any project boundary a distance not less than twice the height of the multifamily or two-family structure.
            7.   Height regulations for single-family dwellings and single-family and attached dwellings. As required in district regulations.
            8.   Height regulations for multifamily dwellings. As required in district regulations.
            9.   Minimum living space for single-family attached and multifamily dwellings. As required in district regulations.
            10.   Minimum living floor area per dwelling unit. As required in district regulations.
            11.   Minimum lot area for two-family dwellings. As required in district regulations.
            12.   Recreational facilities. All planned unit development projects permitted in any district under these regulations shall provide recreational facilities as part of and integral to the project. Such facilities shall be available for the use of all occupants of the total project as defined on the General Plan, shall be completed at such time as sixty percent of the total dwelling units indicated on the General Plan are completed and ready for occupancy, shall have adequate provisions recorded as part of the dedication plans for the permanent facilities and shall be constructed, as a minimum, in proportion to the percentage of the total project being developed as part of any phase up to the completion of sixty percent of the total dwelling units. Financial guarantees acceptable to the Law Director may be utilized in place of the actual construction of such facilities up to the completion for occupancy of fifty percent of the total dwelling units indicated on the General Plan.
         C.   Private streets. Private streets shall conform to the City Subdivision Regulations for minor residential streets, including the provision for sidewalks, except that standards for private streets on which ten or fewer dwelling units have immediate access may be modified upon approval of the Planning and Zoning Commission after the Commission obtains a recommendation from the City Engineer and the Fire Chief.
         D.   Collector streets and major thoroughfares. Collector streets and major thoroughfares shall be designated as such by the developer upon submission of general plans as provided in paragraph (x)(3)A. hereof. Such designations shall be subject to modification by the Planning and Zoning Commission so that an efficient traffic circulation system is established. There shall be no direct access from single-family residential lots to a major thoroughfare, and direct access from single-family residential lots to collector thoroughfares shall be minimized. When there are more than thirty dwelling units in a grouping, they shall have primary access to such dwelling units from a public or dedicated street.
         E.   Off-street parking. There shall be provided outside the public or private right of way a minimum of two parking spaces for each dwelling unit. These spaces may be located in the vicinity of the dwelling unit or in an area designated for guest parking as deemed appropriate by the Commission. All parking spaces and service drives shall be improved with asphalt or concrete and so graded and drained as to dispose of all surface water accumulation within the area.
         F.   Open space. At least thirty percent of the total acres in a proposed development permitted by this section shall be devoted to public and/or private open space or recreational facilities, exclusive of dwellings, streets, parking areas and single-family residential lots. Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the General Plan and shall be physically situated so as to be readily accessible, available to and usable by all the residents of the planned unit development. Open space and recreational facilities to be included in this thirty percent requirement shall not be individually owned or owned under condominium provisions which do not include the entire project as shown on the General Plan.
            For the purposes of complying with the open space requirement, permanent bodies of water indicated on the most recently published United States Geological Survey maps or as indicated by more recent aerial photography and field observation shall be credited as one- half acre of open space for each one acre of water surface area. Similarly, areas of organic soils shall be credited with only one-half acre for every one acre of land indicated as organic soils on maps available from the Soil Conservation Service, U.S. Department of Agriculture, or as indicated by other competent soil analysts.
            The General Plan shall include descriptive data as to the methods to be employed to preserve and maintain such open space and recreational facilities, such as public dedication, homeowners' associations, condominiums, etc.
         G.   Walls and privacy enclosures. In areas designated for single-family development, solid walls, screens and privacy enclosures which are designed as an integral or component part of the dwelling structure shall conform to front, side and rear yard requirements and shall not exceed a height of eight feet. In any area designated for multifamily development on the approved development plan, solid walls, screens and privacy enclosures shall be permitted not to exceed a height of eight feet and shall meet the front yard requirements for multifamily dwellings.
         H.   Sewer and water facilities. Central sanitary sewer and water facilities shall be provided at the time of development.
         I.   Installation of facilities. All utilities shall be installed underground.
         J.   Erosion and sedimentation control. Effective erosion and sediment controls shall be planned and applied according to the following principles (see paragraph (x)(3)A.13. hereof):
            1.   The smallest practical area of land shall be exposed at any one time during development.
            2.   When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
            3.   Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
            4.   Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
            5.   Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
            6.   The permanent final vegetation and structures shall be installed as soon as practical in the development.
            7.   The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
            8.   Whenever feasible, natural vegetation shall be retained and protected.
      (3)   Establishment.
         A.   General Plan approval. At the time of the application for a conditional zoning certificate, a General Plan for the development of the land shall have been filed with the Planning and Zoning Commission by the owner or owners of the land involved. The General Plan, which may be set forth on one or more maps or in one or more instruments, shall have been signed by all owners of property within the project, shall have been drawn to scale, shall have been prepared by an architect, landscape architect or engineer authorized to practice in the State and shall show the following:
            1.   The boundaries of the project;
            2.   The topography of the project;
            3.   The proposed street system for the project, including designation of collector thoroughfares agreeable to the Commission, where such thoroughfares are indicated on the City Land Use and Thoroughfare Plan or where they are otherwise necessary for efficient traffic circulation;
            4.   The areas of the project to be used for single-family dwellings, two- family dwellings, garden apartment buildings, medium and high-rise apartment buildings and commercial buildings and/or uses;
            5.   The area or areas of the project to be preserved as open space;
            6.   Descriptive data as to the methods to be employed to preserve and maintain open space;
            7.   The areas into which such project is to be divided for different uses, the use proposed for each such area, the number of housing units by type and size, the number of bedrooms per unit of each class of housing proposed in any given area and the location and size of school, church and/or fire station sites proposed;
            8.   The total population density for the project in number of housing units;
            9.   The acreage for the project;
            10.   The location and landscaping of the proposed parking lots within the project;
            11.   Descriptive data concerning the sewer, water and storm drainage facilities within the project, identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred;
            12.   The location and acreage of the commercial uses proposed within the project;
            13.   A plan showing provisions for control of erosion and sedimentation during and after construction, such plan to be accompanied by documentation indicating the review of and recommendation on such plan by the Portage County Soil and Water Conservation District, the Division of Lands and Soil of the Ohio Department of Natural Resources or another competent agency or soils scientist.
            Upon approval of the General Plan by the Commission, a conditional zoning certificate may be issued for the project; the implementation of the project is then subject to the further qualifications, requirements and provisions set forth below. No substantial change from the approved General Plan shall be made without prior approval by the Commission.
         B.   Final development plan. Before such uses as were authorized by the Commission's approval of the General Plan and the issuance of the conditional zoning certificate for the overall project may be begun, a zoning certificate shall be obtained for each structure, but only after final approval of uses has been obtained from the Commission. For final approval of uses, the owner shall file a final development plan for any specific area within the project or the overall project, with the Commission, together with a letter of application for such approval. Such final development plan shall show the following:
            1.   The area to be developed and the area to be devoted to open spaces for the use of all residents of the area with accurate acreage, courses and distances, as determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy thereof. The boundaries of any area for which final development plan approval is requested shall not be gerrymandered to comply with the density and open space acreage criteria, but shall be proportioned and allotted so that required open space is convenient to the residential properties included in the area submitted for final approval.
            2.   The location and floor plans of all buildings, descriptive data as to the type of buildings, the number of dwelling units in each separate type and bedrooms per unit of apartment (multifamily dwelling) buildings, the number and type of all retail establishments and the number of bedrooms in each apartment unit.
            3.   A title guarantee or rider to an existing policy, prepared by a reputable title company, showing the legal description of the land which has been set aside for open space and showing appropriate restrictions limiting the use of such land to recreation and open space in perpetuity and granting owners and residents of the area to be developed a right and easement of use in such open space.
            4.   A detailed plan setting forth the manner, means and proposed time of transfer of the land reserved for open space to a nonprofit entity and the obligations and rights of use of such open space by all residents of the area.
            5.   A detailed landscaping plan for all areas proposed for parking, commercial, two-family and multifamily development.
         C.   Conditions for final approval of uses. The Planning and Zoning Commission shall give final approval of uses only upon finding that the following conditions are met:
            1.   No applicable, general or specific requirements of this Zoning Code, as existing at the time of General Plan approval, is violated by the final development plan.
            2.   The final development plan accurately sets forth the area to be developed and the area to be set aside as open space with appropriate boundaries established by course and distances, and the acreage within the area to be approved is set aside as open space for the use of all residents of the area.
            3.   The final development plan is substantially in accordance with the General Plan which had been previously filed with and approved by the Commission and for which the conditional zoning certificate has been issued.
            4.   The density of dwelling units in any area does not exceed that shown on the General Plan. The overall density of the district has not been exceeded with respect to the total figure shown on the General Plan.
            5.   The area reserved for open space and recreation in the sum of all areas for which final development plan approval has been given or is requested shall never be less than twenty-five percent of the cumulative acreage of all areas for which final development plan approval has been given or is requested.
            6.   Satisfactory progress has been made in previously approved segments in respect to the provision and improvement of indicated recreational facilities.
            7.   The final development plan accurately sets forth a schedule demonstrating proportionate development for open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction. This bond shall be in effect no longer than one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupancy permits.
         D.   Addition to planned unit development. Any area of land contiguous to a planned unit development may be added thereto and shall be subject to all procedural and substantive regulations applicable to planned unit development. The gross density in a planned unit development, including additions, shall not exceed the maximum density established for the original planned unit development.
            (Ord. 2001-081. Passed 8-6-01.)
   (y)   Cluster Developments.
      (1)   Purpose, intent. It is the purpose of this section to allow residential cluster development in order to:
            •   Encourage creative and flexible site design that is sensitive to the land’s natural features and adapts to the natural topography.
            •   Protect environmentally sensitive areas of a development site and preserve on a permanent basis open space and natural features.
            •   Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development.
            •   Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets; and
            •   Provide opportunities for social interaction and walking and hiking in open space areas.
      (2)   Process. Cluster Development as defined by this Section is a Conditionally Permitted Use subject to the review of the Planning Commission and the City Engineer to assure that the purpose and intent of the Cluster Development designation is met.
      (3)   General regulations.
         A.   As part of a conditionally permitted development in R-4, R-5 and R- 6 Districts, the following uses and dwelling types shall be permitted:
            •   Single-family
            •   Community Building
            •   Accessory uses
         B.   Development Standards. The following shall be the required development standards for a residential cluster development notwithstanding any other provision in this Zoning Code:
            1.   Minimum acreage for development. A residential cluster development shall contain a minimum of 10 acres and a maximum of 29 acres. The development property may be individually subdivided lots or one single lot.
            2.   Maximum density of residential cluster development. The density of a residential cluster development shall not exceed 2.0 dwelling units per acre in R-4, R-5 and R-6 districts. The total number of units permitted shall be calculated by multiplying the total usable land area by the density permitted per acre.
            3.   Minimum living floor area.
               a.   Single Lot Developments:
                  850 square feet for 1 bedroom units
                  1000 square feet for 2 bedroom units
                  1200 square feet for 2 bedroom units
               b.   Individually subdivided lots shall meet the requirements established for the zoning district in which the development is located.
            4.   Height regulations. Height regulations for residential cluster development shall not exceed 35 feet.
            5.   Setback requirements. Setback requirements for proposed structures on a single lot development shall be determined by the Planning Commission and the City Engineer to allow for flexible development design while assuring adherence to the purpose and intent of the Cluster Development section. Setback requirements for the individually subdivided lots shall meet the requirements established by the zoning district in which the development is located.
            6.   Community Building. A residential cluster development may provide a Community Building. Such facility shall be available for the use of all occupants of the development, on- site management of the units, and other services as provided by the development.
            7.   Private Streets/Driveways. Residential cluster developments shall provide adequate ingress, egress and access for all dwelling units as designed to further the purpose of the residential cluster development. Required width and pavement construction specifications for private streets/driveways in the specific residential cluster development shall be determined by the City Engineer and the City Fire Chief. Specifications for the private streets shall not be required to meet the specifications enumerated in the subdivision regulations so long as the private streets do not serve as a connector for an adjoining development, serve as a through street, or the residential cluster development does not contain individually subdivided lots.
            8.   Parking areas/spaces. Residential cluster developments shall provide the following minimum parking areas located in the vicinity of the dwelling unit to be served and to be constructed in a manner acceptable to the City Engineer and to further the purpose and intent of the residential cluster development.
               •   one parking space for each bedroom of a designated senior citizen development (55 years of age and older).
               •   one parking space per dwelling unit plus 1 parking space per bedroom per dwelling unit for all other developments.
            9.   Open space. Residential cluster developments shall provide not less than 40% open space. The open space can include natural and historic resources, wetlands, and woodlands. Open space shall be contained on the parcel being developed and be available for recreational and non-animal husbandry agricultural purposes, as well as for conservation. Open Space is computed by taking the total square footage of the property and deducting the square footage of all buildings, parking, roadways and other non-natural encumbrances not including outdoor recreation. Open space shall be maintained by the property owner(s) or deeded to an association or nonprofit organization whose principal purpose is the conservation of open spaces or cultural sites. Said transfer of ownership shall only occur with the consent of the City of Ravenna. The City may also approve, through City Council, acceptance of maintaining said open space in perpetuity.
            10.   Additional Standards. Additional site specific development requirements of the Planning Commission and City Engineer formulated to achieve the objectives of these regulations shall be established at the time the conditional use request and preliminary development plan are reviewed. However, if the individually subdivided lots are proposed, the requirements of the subdivision regulations shall apply for public utilities and roadways. Any dimensional specifications upon a single lot development adopted with such plan become binding land use requirements for the residential cluster development and shall supersede those contained in the district regulations where the development is proposed. If the provisions of the zoning code are not amended herein then the provisions of the existing zoning code apply. (Ord. 2016-138. Passed 1-17-17.)
 

1276.01 SATELLITE RECEIVING DISH.

   Satellite dishes are permitted in all zoning districts. They must be mounted so as not to disturb the character of the district. All satellite dishes in the historic district are subject to review by the Design Review Commission.
   (a)   Construction permit required.
      (1)   Permit. No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station or a ground station with a dish larger than one meter (39.37 inches) in diameter on residential property or two meters in diameter on commercial property without a zoning permit therefor, nor shall construction commence before a permit is issued in accordance with this chapter.
      (2)   Smaller dishes. Dishes less than one meter in diameter on residential property and dishes less than two meters in diameter on commercial properties that are affixed to a principal structure do not require a zoning permit. However, prior to installation the applicant shall provide evidence to the city’s building inspector certifying that the structure will support and not be adversely affected by the proposed dish.
      (3)   Front yard setback. All dishes regardless of size are prohibited in the yard area from the front of the structure being served to the street.
   (b)   Permit application; fee.
      (1)   The owner, or an occupant with written permission from the owner, of any lot, premises or parcel of land within the City who desires to construct an earth station or a ground station on such lot, premises or land parcel in accordance with section (a) above must first obtain a permit to do so from the Chief Building Official.
      (2)   The Chief Building Official shall issue such permit within thirty days provided that the applicant submits a written application upon forms provided and approved by the Official, along with a plot plan of the lot, premises or land parcel attached, showing the exact location and dimensions of the proposed earth station or ground station; a description of the kind of earth station or ground station proposed; the exact location and dimensions of all buildings or structures; and the manufacturer's construction plans and specifications, showing the elevations of the proposed earth station upon completion. Each application shall specify, among other things, the name and address of the owner of the real estate, the applicant, the manufacturer's construction plans and specifications and the contractor to be permitted the responsibility to construct such earth station in accordance with the plans, specifications and engineering requirements so submitted.
      (3)   The applicant shall present documentation of the possession of any license or permit required by any Federal, State or local agency pertaining to the ownership, construction or operation of an earth station or ground station, if required.
      (4)   The applicant shall submit a fee as required in Section 1278.23 with each application.
   (c)   Location.
      (1)   Ground-mounted.
         A.   No earth station or ground station, including its concrete base slab or other substructure, shall be constructed less than twelve feet from any property line or easement.
         B.   No earth station or ground station shall be constructed in any front or side yard, but it shall be constructed to the rear of the residence or main structure.
         C.   No earth station or ground station shall be linked physically or electronically to a receiver which is not located on the same lot, premises or parcel of land as is the earth station or ground station.
         D.   An earth station, not affixed to an existing structure, shall not exceed a grade height of fifteen feet from grade level to the top of the dish.
         E.   Wiring between an earth station or a ground station and a receiver shall be placed at least twelve inches beneath the surface of the ground.
         F.   An earth station or a ground station antenna shall be bonded to a grounding rod.
         G.   Ground-mounted earth stations or ground stations, not affixed to an existing structure, shall be located at least twenty-five feet from adjacent residential structures.
         H.   Any driving motor shall be limited to 110 volts maximum power design and shall be encased in protective guards.
      (2)   Roof-mounted. Earth stations shall not be permitted to be mounted on any accessory structure, nor shall they be mounted upon appurtenances such as, but not exclusive of, chimneys, towers, trees, poles or spires.
         (Ord. 2001-081. Passed 8-6-01.)

1276.02 WIRELESS COMMUNICATION AND CELLULAR PHONE TRANSMISSION TOWERS.

   (a)   No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna shall consist of any of the following:
      (1)   No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements.
      (2)   Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements
      (3)   Existing towers or structures do not have sufficient structural strength to support the applicant’s antenna and related equipment.
      (4)   The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
      (5)   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
   (b)   Wireless communication and cellular phone transmission towers are conditionally permitted in industrial zones, subject to the following conditions.
      (1)   The applicant shall demonstrate a good faith effort to install the antenna on existing structures in the area such as water towers, tall buildings, and antenna structures of other communication companies.
      (2)   The setback between the base of the support structure and any property line shall be the height of the tower plus ten percent of the tower height. No buildings unrelated to the tower are permitted in this fall zone.
      (3)   The applicant shall demonstrate that the proposed tower is safe and that the surrounding area will not be negatively affected by support structure, falling ice or other debris.
      (4)   A fence shall be required around the tower and equipment. The fence shall be at least eight feet in height or such other height as determined by the commission for security purposes. The commission may require wooden slats woven into the security fence for aesthetic purposes.
      (5)   Two off-street parking spaces shall be required.
      (6)   To minimize the number of towers in the City the tower shall be designed to accommodate other users including but not limited to police, fire, and emergency services.
      (7)   If the use of the tower requires licensing by any state or federal agency the applicant shall present evidence that such a license has been obtained.
      (8)   Any facility that is not operated for a continuous period of twelve months shall be considered abandoned and the owner shall remove the structure within six months of receipt of a notice from the City notifying the owner of such abandonment.
      (9)   No new wireless communication towers may be constructed within one mile of an existing support tower, unless it can be demonstrated to the satisfaction of the commission that the existing tower is not available for co-location of an additional wireless communication facility.
      (10)   The tower, facility, structures, and grounds shall be maintained in a neat and orderly manner.
      (11)   Support towers shall have such lighting as is necessary to satisfy federal aviation administration requirements. Security lighting for the equipment shelter and other on-the-ground ancillary equipment is permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.
      (12)   To the extent possible the applicant shall use materials, colors, screening and landscaping that will blend the tower facilities to the natural setting and the built environment.
   (c)   Required submissions for applications for new towers. If a conditional permit for a new support structure or tower is requested, the following items are required as part of the application.
      (1)   A statement addressing the items in section (b) above;
      (2)   A site and landscaping plan drawn to scale;
      (3)   A description of the tower with documentation establishing its structural integrity for the proposed uses;
      (4)   A statement concerning excess space, if any, and whether it will be leased;
      (5)   Proof of ownership of the proposed site or authorization to utilize the site;
      (6)   Copies of any easements necessary;
      (7)   An area map identifying any existing wireless telecommunications towers; and
      (8)   An analysis of the area containing topographical contours, tall buildings, and other factors influencing the tower location.
   (d)   Construction permit required. No person, firm, partnership, corporation, trust or other legal entity shall construct a wireless communications tower or cellular antenna without a conditional use permit and a building permit.
(Ord. 2001-081. Passed 8-6-01.)

1276.03 CONTRACTOR REGISTRATION REQUIRED.

   No person, firm or corporation shall install an earth station or a ground station without first registering as a contractor in accordance with Chapter 1416 of the Building and Housing Code, except the owner or occupant of the premises. No person, firm or corporation shall install a wireless communication tower or cellular tower without first registering as a contractor in accordance with Part 14 of the Building and Housing Code of the Codified Ordinances of the City.
(Ord. 2001-081. Passed 8-6-01.)

1276.04 APPEALS.

   (a)   It shall be the duty of the Board of Zoning Appeals to hear appeals on decisions made by the Chief Zoning official or Planning and Zoning Commission on matters relating to this chapter for relief from any order, requirement, decision or determination, including, but not limited to, the refusal, granting or revocation of any permit related to this chapter. The Board may decide appeals by reversing or affirming wholly or in part, or by modifying, such order, requirement, decision or determination by the Official in accordance with the purpose and intent of this chapter.
   (b)   The applicant, in seeking relief as stipulated in this chapter, shall follow the procedures as set forth in Chapter 1264.
(Ord. 2001-081. Passed 8-6-01.)

1276.99 PENALTY.

   Whoever violates any provision of this chapter or fails to comply with any requirement thereof is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred and fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a person continues to violate any provision of this chapter after being notified of such violation in writing.
(Ord. 2001-081. Passed 8-6-01.)
 

1278.01 CONFORMITY WITH USE REGULATIONS.

   (a)   No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged, for any purpose other than that which is permitted in the district in which the building or land is located, except as provided for in Chapter 1270.
   (b)   The Planning and Zoning Commission shall have the power to permit any use comparable in character to any of the specified uses listed under the sections providing for permitted uses or conditionally permissible uses in any district. In determining comparability the Commission shall consider:
      (1)   The nature of the use,
      (2)   Other land uses in the vicinity,
      (3)   Bulk and size of the structure in comparison to neighborhood structures,
      (4)   Intensity of use,
      (5)   Density,
      (6)   Size and design of parking areas,
      (7)   Traffic demands and traffic patterns,
      (8)   Hours of operation and/or use,
      (9)   And other factors as determined by the Commission.
   (c)   Any use not specifically provided as a permitted or conditional use or determined by the Planning and Zoning Commission to be compatible with such uses is prohibited.
(Ord. 2001-081. Passed 8-6-01.)

1278.02 CONFORMITY WITH AREA, HEIGHT, DENSITY AND SETBACK REGULATIONS; HEIGHT EXCEPTIONS.

   (a)   Conformity With Area, Height, Density and Setback Regulations. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area, height, density and setback regulations of the district in which the building is located, unless otherwise specifically stated in this Zoning Code.
   (b)   Permitted Height Exceptions. The provisions of this Zoning Code shall not be deemed to restrict the height of a church spire, tower or belfry or a flagpole, radio tower, chimney, water tank, elevator bulkhead, stage tower or scenery loft except that the horizontal distance from the highest point to the nearest property line shall be at least 110% of the height of the highest point.
(Ord. 2001-081. Passed 8-6-01.)

1278.03 AUTHORITY OF PLANNING AND ZONING COMMISSION TO IMPOSE CONDITIONS.

   The Planning and Zoning Commission shall have the power to impose conditions to safeguard the intent and objectives of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1278.04 BUILDING PERMITS AND ZONING CERTIFICATES IN AREAS WITHOUT SEWER AND WATER FACILITIES.

   No building permit or zoning certificate shall be issued in areas without sanitary sewer and water facilities without evidence that the responsible health authority has approved the proposed sanitary sewage disposal facilities for the use for which the building permit or zoning certificate has been requested.
(Ord. 2001-081. Passed 8-6-01.)

1278.05 VEGETATION, WALLS AND FENCES.

   (a)   Transition areas. To secure the optimum effect of transition from a Residential District to a nonresidential district, the Planning Commission shall have the power to determine the need for and the amount of planting materials, walls or fences, or any combination of these, on any property line of land under consideration. The plans and specifications, including density and height figures for the overall site development, shall include the proposed arrangement of such plantings and structures.
   (b)   Rubbish. Screening of outdoor rubbish areas, and dumpsters is required in all zoning districts.
   (c)   Off-street parking. All off-street parking areas and off-street loading areas that abut a residential district shall as a minimum have a hedge row consisting of a double staggered row of a single species of evergreen shrubs, with a minimum height of forty-eight inches. The shrubs in each row shall be spaced at a maximum of six feet on center or such distance as approved by the Planning and Zoning Commission and shall be planted in a mulched bed. Screening shall be maintained. Screening that does not interfere with vehicular traffic visibility is permitted in a required yard.
   (d)   Commercial and industrial uses that abut a residential zone. Any commercial or industrial use that abuts a residential zone shall have on the property line that abuts the residential zone, a hedgerow consisting of a double staggered row of a single species of evergreen shrubs, with a minimum height of forty-eight inches. The shrubs in each row shall be spaced at a maximum of six feet on center or such distance as approved by the Planning and Zoning Commission and shall be planted in mulched beds. Screening shall be maintained. Screening that does not interfere with vehicular traffic visibility is permitted in a required yard. The Planning and Zoning Commission may require additional plantings or modify these requirements as it deems necessary to provide for a screened buffer to protect adjacent residentially zoned property.
(Ord. 2001-081. Passed 8-6-01.)

1278.06 SIGHT CLEARANCE AT INTERSECTIONS.

   On a corner lot, no fence, wall or other structure or shrubbery more than two feet in height above the plane of the established grades of the streets shall be erected or installed on any part of a front or side yard herein established that is included within the street lines of intersecting streets and a straight line connecting the street line at points which are twenty-five feet distant from the point of intersection, measured along the street lines, and no planting or foliage shall be placed or maintained within the area that, in the judgment of the Chief Building Official, will materially obstruct the view of a driver of a vehicle approaching the street intersections.
(Ord. 2001-081. Passed 8-6-01.)

1278.07 EFFECT OF ZONING CODE ON BUILDINGS UPON WHICH CONSTRUCTION HAS BEGUN.

   Nothing in this Zoning Code shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Zoning Code and upon which building actual construction has been diligently carried on, provided that such building shall be completed within one year from the date of passage of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1278.08 LOTS, YARDS AND OPEN SPACE.

   (a)   Corner Lots. Corner lots in all districts are required to have the minimum front yard requirements, as indicated in that district, facing both streets.
   (b)   Lots, Yards and Open Space. No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Zoning Code, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of any other building.
(Ord. 2001-081. Passed 8-6-01.)

1278.09 LOCATION AND NUMBER OF DWELLINGS ON LOTS.

   No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling.
(Ord. 2001-081. Passed 8-6-01.)

1278.10 ACCESSORY BUILDINGS.

   (a)   Attached Accessory Buildings. An attached accessory building attached to the principal building on a lot shall be made structurally a part thereof and shall comply in all respects with the requirements of this Zoning Code applicable to the principal building.
(Ord. 2001-081. Passed 8-6-01.)
   (b)   Height Limitations; Distance From Main Building. In any district, private garages or other accessory buildings are permitted that have a sidewall height not exceeding nine (9) feet and are located no closer than five (5) feet from the main building if constructed with fire resistance rated walls per current adopted Building Code and not closer to the street than the front of the main building line. (Ord. 2014-050. Passed 6-2-14.)
   (c)   Size limitations. The total square footage of all accessory buildings shall not exceed more than fifty percent of the total square foot of the principal structure inclusive of garages, and other non-living areas.
   (d)   Number of Buildings. Only one accessory building and one temporary structure are permitted on a lot.
   (e)   Vacant lot. On a vacant lot, no accessory building, garage, or temporary structures shall be erected.
(Ord. 2001-081. Passed 8-6-01.)

1278.11 EFFECT OF ZONING ON PLAT APPROVAL.

   No proposed plat of a new subdivision shall hereafter be approved unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts provided for in this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)

1278.12 HAZARDOUS, NOXIOUS OR OFFENSIVE USES.

   No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Zoning Code and any additional conditions or requirements prescribed, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water- carried wastes.
(Ord. 2001-081. Passed 8-6-01.)

1278.13 SWIMMING POOLS.

   (a)   Swimming Pools as Structures. Public or private in-ground or above-ground swimming, wading or other pools containing over one and one-half feet of water depth shall be considered as structures for the purpose of permits, shall not be located in front or side yards and shall conform to all required yard setback lines. Construction, plumbing and electrical requirements, inspections and other safety factors shall be regulated by relevant City and/or County codes.
   (b)   Enclosures. Every pool defined as a structure shall be completely surrounded by a fence or wall not less than four feet in height. Such fence shall be constructed so as to have no openings, holes or gaps larger than three inches in any dimension, except for doors or gates which shall be equipped with suitable locking devices to prevent unauthorized intrusion. An accessory building may be used in or as part of such enclosure. Pools above ground having vertical surfaces of at least four feet shall be required to have fences and gates only where access may be had to the pool.
(Ord. 2001-081. Passed 8-6-01.)

1278.14 GARAGES.

   As an accessory use to a single-family home, a garage may provide storage for not more than three motor vehicles. As an accessory use to a two-family or multifamily dwelling, a garage may provide for not more than two motor vehicles for each family for which each building is arranged or designed. On a vacant lot, no garage shall be erected except as an accessory use to a residence on the same lot. No business, occupation or service connected in any way with motor vehicles shall be permitted. Garages must comply with Section 1278.10.
(Ord. 2001-081. Passed 8-6-01.)

1278.15 FRONT YARD LINES IN EXISTING NEIGHBORHOODS.

   On a street frontage on either side of a street between two successive intersecting streets, but excluding the frontage along the side line of a corner lot, where twenty-five percent or more of such frontage is improved with buildings, the average alignment of the existing buildings along such frontage shall be the front yard line. However, if sixty percent or more of such frontage is improved with buildings that are built at the street line, the street line shall be the front yard line.
(Ord. 2001-081. Passed 8-6-01.)

1278.16 PERCENTAGE OF LOT OCCUPANCY.

   No single-family or two-family dwelling shall occupy more than thirty-five percent of the area of the lot upon which it is located. No multifamily buildings shall occupy more than sixty percent of the area of the lot upon which they are located.
(Ord. 2001-081. Passed 8-6-01.)

1278.17 DRIVEWAYS.

   One driveway is permitted for each lot in all districts (except corner lots which are permitted a driveway on each street), as long as its construction and surface drainage meet the approval of the Department of Engineering.
(Ord. 2001-081. Passed 8-6-01.)

1278.18 PARKING LOTS.

   New parking lots are prohibited in all Residential Districts.
(Ord. 2001-081. Passed 8-6-01.)

1278.19 TEMPORARY STRUCTURES.

   (a)   Temporary structures require a zoning permit.
   (b)   Temporary structures are structures that are not attached to the ground and are readily movable. They are also known as red barns and sheds as sold by department stores.
   (c)   Temporary structures are permitted so long as no dimension in any direction exceeds twelve feet and the height does not exceed ten feet.
   (d)   Temporary structures may be placed as close as three feet to the lot line with the signed consent of the abutting property owner. If consent is not given, normal setbacks apply.
   (e)   Temporary structures may not be attached or added to other buildings.
   (f)   Only one temporary structure is permitted per lot.
(Ord. 2001-081. Passed 8-6-01.)

1278.20 ROOF PITCH.

   No roof pitch (slope) of any residential structure shall be less than 5:12 (five inches rise in twelve inches of run). An accessory structure not attached to the primary residential structure shall have a roof slope not less than 3:12 (three inches rise in twelve inches run).
(Ord. 2001-081. Passed 8-6-01; Ord. 2022-114. Passed 1-3-23.)

1278.21 PARKING OF TRUCKS AND COMMERCIAL VEHICLES.

   To protect the residential character of neighborhoods and to protect the public from the danger and nuisances of large commercial vehicles, the storage or parking of a school bus, commercial tractor, agricultural tractor, truck of more than one and one-half ton capacity, bus, trailer, semi-trailer, pole trailer, or moving van within the residential districts of the City and on any property utilized for residential purposes is prohibited. (See Traffic Code Section 452.14)
(Ord. 2001-081. Passed 8-6-01.)

1278.22 PARKING AND USE CHANGES.

   Whenever, the use of an existing building other than single-family and two-family dwellings, is changed to another use, whether permitted or conditionally permitted, the area for driveways and parking of motor vehicles shall be paved with a hard surface material such as blacktop or concrete, as approved by the City Engineer. In addition, if the use is adjacent to a residential district the provisions of Section 1278.05 (c) shall apply.
(Ord. 2001-081. Passed 8-6-01.)

1278.23 DONATION BOXES PROHIBITED.

   (a)   Donation Boxes Prohibited. No person shall place, use or allow the installation or operation of a donation box within the City. The owners, lessee or other person or legal entity in control of a property where donation boxes are maintained in violation of this section and the owner or operator of said box shall be liable for any violation of this section.
   (b)   Definitions. A donation drop box is defined as any receptacle or container located outside of an enclosed building designed, intended to be used for collection and storage of donated items or materials, including, but not limited to, furniture, clothing, shoes, books and other like items.
   (c)   Notice of Violation. In the event that a clothing donation box has been located within the City, a notice shall be provided by the property maintenance officers or any other City employee, that a donation drop box has been placed or is being maintained in violation of this section. The notice shall be provided by a Certificate of Mailing to the property owner, lessee, donation drop box owner, tenant or primary contact person designated by the donation drop box information, or other person or legal entity in control of a property. The notice shall inform the party that they have thirty days within which to remove the donation drop box from the property and from the City.
   (d)   Impoundment and Redemption.  If the donation drop box has not been removed within the thirty-day time period, the City may seize and impound the donation drop box for failure to comply with the provisions of this chapter.
   Such impounding of the donation drop box shall require the donation drop box to be stored by the City until it has been reclaimed by the owner, consistent with the provisions of this chapter. The owner of the donation drop box shall be sent notice of such impoundment at the owners' last known address by certified mail within five days after the impoundment. Neither the City nor any agency thereof shall be liable for any damages arising out of the provision of an erroneous name or address of such owner, if contact information of the owner cannot be found, the City may dispose of the box after sixty days. The owner of the donation drop box utilized in violation of this chapter may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of one thousand dollars ($1,000). Such impounded donation drop box may only be released to the owner of a donation drop box or his or her agent as evidenced by a written common notarized Agent Agreement or duly executed Power of Attorney.
   After reasonable efforts to contact the owner and if the owner of the impounded donation drop box does not reclaim such donation drop box within sixty days of the date of impoundment, the City may, at its discretion, dispose of such box.
(Ord. 2014-035. Passed 5-5-14; Ord. 2020-012. Passed 6-22-20.)

1278.24 FEES.

   The following fees schedule applies for various zoning requests.
   (a)   Zoning amendment. An application fee of one hundred dollars ($100.00) plus one dollar and twenty-five cents ($1.25) per property owner for mailing notices to contiguous property owners and property owners across the street from the property proposed for rezoning is required. This fee shall not apply to text or map changes introduced by an elected City official, the Planning and Zoning Commission, or Board of Zoning Appeals.
   (b)   Zoning permit fees. Fees for zoning permits are as follow:
      (1)   Residential permit.
         A.   New single family or two family structures: $100.00
         B.   Addition to single family or two family structures including decks: $30.00
         C.   Temporary structures: $30.00
         D.   Commercial temporary structures: $50.00
         E.   Garages: $50.00
         F.   New fences: $25.00
         G.   New or enlarged driveways: $25.00
         H.   All other structures: $25.00
      (2)   Industrial and commercial permit. The fee is three cents ($0.03) per square foot, with a minimum of one hundred dollars ($100.00) and a maximum of four hundred and fifty dollars ($450.00).
      (3)   Multifamily permit. The fee is fifty dollars ($50.00) per unit.
      (4)   All other structures twenty-five dollars ($25.00).
   (c)   Appeal fees. Application for appeals to the Board of Zoning Appeals shall be accompanied by a fee of one hundred dollars ($100.00), plus one dollar and twenty- five cents ($1.25) per property owner for mailing notices to each property owner contiguous or across the street from the request.
   (d)   Variances and exceptions. Applications for variances and exceptions shall be accompanied by a fee in the amount of one hundred dollars ($100.00) plus one dollar and twenty-five cents ($1.25) per property owner for mailing notices to each property owner contiguous or across the street from the request.
   (e)   Overlay district . Applications for overlay district reviews shall be accompanied by a fee in the amount of one hundred dollars ($100.00).
   (f)   Conditional zoning certificate. An application for a conditional zoning certificate shall be accompanied by a fee in the amount of one hundred dollars ($100.00) plus one dollar and twenty-five cents ($1.25) per property owner for mailing notices to each property owner contiguous or across the street from the request.
   (g)   Satellite dishes. Applications for satellite dishes shall be accompanied by a fee of twenty dollars ($20.00).
   (h)   Review of fees. No later than January 30, 2004 and every thirty-six months thereafter the Zoning Inspector shall submit a report to the City Council with recommendations concerning the amount of the above fees and any changes deemed appropriate to cover administrative costs.
      (Ord. 2001-081. Passed 8-6-01; Ord. 2004-005. Passed 3-1-04.)
 

1280.01 RESPONSIBILITY; ASSURING COMPLIANCE WITH PLANNING AND ZONING CODE.

KEY TO CHARTS
 
X      =   Need not comply or does not apply
NP      =   Not permissible
U      =   Unappealable
PC      =   Planning and Zoning Commission
BZA      =   Board of Zoning Appeals
E      =   City Engineer
CC      =   City Council
SD      =   Director of Public Service
BI      =   Building Inspector
PE      =   Plan Examiner
CEO      =   Chief Building Official
 
IMPROVEMENT TYPE - INTERIOR RENOVATIONS WHICH
DO NOT CHANGE
THE USE OR POPULATION DENSITY OF THE PROPERTY

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
CC
CEO
CEO
NP
BZA
2. Minimum lot area
X
X
X
X
X
3. Minimum lot frontage
X
X
X
X
X
4. Minimum lot width at the building line
X
X
X
X
X
5. Minimum lot depth
X
X
X
X
X
6. Minimum front yard depth
X
X
X
X
X
7. Minimum rear yard depth
X
X
X
X
X
8. Minimum side yard depth
X
X
X
X
X
9. Minimum living floor area per dwelling unit
X
X
X
X
X
10. Maximum height
X
X
X
X
X
11. Use of the property
   A.   Permissible use
CC
CEO
CEO
CC
U
   B.   Conditional permissible use
X
X
X
X
X
   C.   Continuation of nonconforming use
CC
CEO
CEO
CC
BZA
   D.   Changing from one nonconforming use to another less nonconforming use
X
X
X
X
X
   E.   Beginning new unpermitted use
X
X
X
X
X
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2, 3 family dwelling & garage
X
X
X
X
X
   B.   All other building
X
X
X
X
X
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2, 3 family dwelling & garage
X
X
X
X
X
   B.   All other building
X
X
X
X
X
14. Parking regulations
   A.   1, 2, 3 family
X
X
X
X
X
   B.   All other building
X
X
X
X
X
15. Signs
CC
CEO
CEO
CC
U
 
IMPROVEMENT TYPE - INTERIOR RENOVATIONS OR ALTERATIONS
WHICH CHANGE
THE USE OR POPULATION DENSITY OF THE PROPERTY

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
CC
CEO
CEO
NP
BZA
2. Minimum lot area
CC
CEO
CEO
BZA
BZA
3. Minimum lot frontage
CC
CEO
CEO
BZA
BZA
4. Minimum lot width at the building line
CC
CEO
CEO
BZA
BZA
5. Minimum lot depth
CC
CEO
CEO
BZA
BZA
6. Minimum front yard depth
CC
CEO
CEO
BZA
BZA
7. Minimum rear yard depth
CC
CEO
CEO
BZA
BZA
8. Minimum side yard depth
CC
CEO
CEO
BZA
BZA
9. Minimum living floor area per dwelling unit
CC
CEO
CEO
NP
BZA
10. Maximum height
X
X
X
X
X
11. Use of the property
   A.   Permissible use
CC
CEO
CEO
CC
U
   B.   Conditionally permissible
use
CC
PC & CEO
CEO
PC
BZA
   C.   Continuation of nonconforming use
X
X
X
X
PC
   D.   Changing from one nonconforming use to another less nonconforming use
CC
CEO
CEO
NP
BZA
   E.   Beginning a new unpermitted use
NP
NP
NP
NP
NP
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2, 3 family dwelling & garages
CC
CEO
CEO
CC
BZA
   B.   All other building
PC
PC
E
PC
BZA
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2, 3 family dwelling & garages
CC
E
E
CC
SD
   B.   All other building
CC
PC
E
CC
SD
14. Parking regulations
   A.   1, 2, 3 family
CC
CEO
CEO
BZA
U
   B.   All other building
CC
PC
E
CC
U
15 Signs
CC
CEO
CEO
CC
U
(Ord. 2017-064. Passed 7-3-17.)
IMPROVEMENT TYPE - EXTERIOR BUILDING RENOVATIONS

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
X
X
X
X
X
2. Minimum lot area
X
X
X
X
X
3. Minimum lot frontage
X
X
X
X
X
4. Minimum lot width at the building line
X
X
X
X
X
5. Minimum lot depth
X
X
X
X
X
6. Minimum front yard depth
X
X
X
X
X
7. Minimum rear yard depth
X
X
X
X
X
8. Minimum side yard depth
X
X
X
X
X
9. Minimum living floor area per dwelling unit
X
X
X
X
X
10. Maximum height
X
X
X
X
X
11. Use of the property
   A.   Permissible use
X
X
X
X
X
   B.   Conditional permissible use
X
X
X
X
X
   C.   Continuation of nonconforming use
X
X
X
X
PC
   D.   Changing from one nonconforming use to another less nonconforming use
X
X
X
X
X
   E.    Beginning a new unpermitted use
NP
NP
NP
NP
NP
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2,3 family dwelling & garages
X
X
X
X
X
   B.   All other building
X
X
X
X
X
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2, 3 family dwelling & garages
CC
E
E
CC
SD
   B.   All other building
CC
PC
E
E
SD
14. Parking regulations
   A.   1, 2, 3 family
CC
CEO
CEO
CC
U
   B.   All other building
CC
PC
E
CC
U
15. Signs
CC
CEO
CEO
CC
U
(Ord. 2017-064. Passed 7-3-17.)
IMPROVEMENT TYPE - ADDITIONS

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
CC
CEO
CEO
CC
BZA
2. Minimum lot area
CC
CEO
CEO
CC
BZA
3. Minimum lot frontage
CC
CEO
CEO
CC
BZA
4. Minimum lot width at the building line
CC
CEO
CEO
CC
BZA
5. Minimum lot depth
CC
CEO
CEO
CC
BZA
6. Minimum front yard depth
CC
CEO
CEO
CC
BZA
7. Minimum rear yard depth
CC
CEO
CEO
CC
BZA
8. Minimum side yard depth
CC
CEO
CEO
CC
BZA
9. Minimum living floor area per dwelling unit
CC
CEO
CEO
CC
BZA
10. Maximum height
CC
CEO
CEO
CC
BZA
11. Use of the property
   A.   Permissible use
CC
CEO
CEO
CC
U
   B.   Conditionally permissible use
CC
PC
CEO
CC
BZA
   C.   Continuation of nonconforming use
CC
CEO
CEO
CC
CC
   D.   Changing from one nonconforming use to another less nonconforming use
CC
CEO
CEO
CC
BZA
   E.   Beginning a new unpermitted use
NP
NP
NP
NP
NP
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2, 3 family dwelling & garages
CC
CEO
CEO
CC
U
   B.   All other building
CC
PC
E
CC
BZA
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2, 3 family dwelling & garages
CC
E
E
CC
SD
   B.   All other building
CC
PC
E
CC
BZA
14. Parking regulations
   A.   1, 2, 3 family
CC
CEO
CEO
BZA
U
   B.   All other building
CC
PC
E
CC
BZA
15. Signs
CC
CEO
CEO
CC
U
 
IMPROVEMENT TYPE - REBUILDING OR REPLACEMENT

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
CC
CEO
CEO
CC
BZA
2. Minimum lot area
CC
CEO
CEO
CC
BZA
3. Minimum lot frontage
CC
CEO
CEO
CC
BZA
4. Minimum lot width at the building line
CC
CEO
CEO
CC
BZA
5. Minimum lot depth
CC
CEO
CEO
CC
BZA
6. Minimum front yard depth
CC
CEO
CEO
CC
BZA
7. Minimum rear yard depth
CC
CEO
CEO
CC
BZA
8. Minimum side yard depth
CC
CEO
CEO
CC
BZA
9. Minimum living floor area per dwelling unit
CC
CEO
CEO
CC
BZA
10. Maximum height
CC
CEO
CEO
CC
BZA
11. Use of the property
   A.   Permissible use
CC
CEO
CEO
CC
U
   B.   Conditional permissible use
CC
PC
CEO
CC
BZA
   C.   Continuation of nonconforming use
NP
NP
NP
NP
NP
   D.   Changing from one nonconforming use to another less nonconforming use
CC
CEO
CEO
CC
BZA
   E.   Beginning a new unpermitted use
NP
NP
NP
NP
NP
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2, 3 family dwelling & garage
CC
CEO
CEO
CC
BZA
   B.   All other building
CC
PC
E
CC
BZA
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2 3 family dwelling & garages
CC
E
E
CC
SD
   B.   All other building
CC
PC
E
CC
BZA
14. Parking regulations
   A.   1, 2, 3 family
CC
CEO
CEO
CC
BZA
   B.   All other building
CC
PC
E
CC
BZA
15. Signs
CC
BI
BI
CC
U
 
IMPROVEMENT TYPE - NEW CONSTRUCTION ON EXISTING LOTS

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
CC
CEO
CEO
CC
BZA
2. Minimum lot area
CC
CEO
CEO
CC
BZA
3. Minimum lot frontage
CC
CEO
CEO
CC
BZA
4. Minimum lot width at the building line
CC
CEO
CEO
CC
BZA
5. Minimum lot depth
CC
CEO
CEO
CC
BZA
6. Minimum front yard depth
CC
CEO
CEO
CC
BZA
7. Minimum rear yard depth
CC
CEO
CEO
CC
BZA
8. Minimum side yard depth
CC
CEO
CEO
CC
BZA
9. Minimum living floor area per dwelling unit
CC
CEO
CEO
CC
BZA
10. Maximum height
CC
CEO
CEO
CC
U
11. Use of the property
   A.   Permissible use
CC
CEO
CEO
CC
U
   B.   Conditionally permissible use
CC
PC
BI
CC
BZA
   C.   Continuation of nonconforming use
X
X
X
X
X
   D.   Changing from one nonconforming use to another less nonconforming use
X
X
X
X
X
   E.   Beginning a new unpermitted use
NP
NP
NP
NP
NP
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2, 3 family dwelling & garages
CC
CEO
CEO
CC
BZA
   B.   All other building
CC
PC
E
CC
BZA
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2 3 family dwelling & garages
CC
E
E
CC
SD
   B.   All other building
CC
PC
E
14. Parking regulations
   A.   1, 2, 3 family
CC
CEO
CEO
CC
BZA
   B.   All other building
CC
PC
E
CC
BZA
15. Signs
CC
CEO
CEO
CC
U
 
IMPROVEMENT TYPE - NEW CONSTRUCTION IN A NEW SUBDIVISION

Compliance Item
Adopts Regs.
Approves Plans
Enforce- ment
Mod. of Regs.
Handles Appeals
1. Minimum lot area per dwelling unit
CC
CEO
CEO
CC
U
2. Minimum lot area
CC
CEO
CEO
CC
U
3. Minimum lot frontage
CC
CEO
CEO
CC
U
4. Minimum lot width at the building line
CC
CEO
CEO
CC
U
5. Minimum lot depth
CC
CEO
CEO
CC
U
6. Minimum front yard depth
CC
CEO
CEO
CC
U
7. Minimum rear yard depth
CC
CEO
CEO
CC
U
8. Minimum side yard depth
CC
CEO
CEO
CC
U
9. Minimum living floor area per dwelling unit
CC
CEO
CEO
CC
U
10. Maximum height
CC
CEO
CEO
CC
U
11. Use of the property
   A.   Permissible use
CC
CEO
CEO
CC
U
   B.   Conditional permissible use
CC
PC
CEO
CC
BZA
   C.   Continuation of nonconforming use
X
X
X
X
X
   D.   Changing from one nonconforming use to another less nonconforming use
X
X
X
X
X
   E.   Beginning a new unpermitted use
NP
NP
NP
NP
NP
12. Surface sitework including driveway standards, drainage, fencing, landscaping, etc.
   A.   1, 2, 3 family dwelling & garages
CC
CEO
CEO
CC
BZA
   B.   All other building
CC
PC
E
CC
BZA
13. Subsurface sitework including water, sewer & storm lines
   A.   1, 2, 3 family dwelling & garages
CC
E
E
CC
SD
   B.   All other building
CC
PC
E
CC
SD
14. Parking regulations
   A.   1 2, 3 family
CC
CEO
CEO
CC
BZA
   B.   Another building
CC
PC
E
CC
BZA
15. Signs
CC
CEO
CEO
CC
U