Reminderville City Zoning Code

TITLE SEVEN

Zoning Standards and Special Provisions

1151.01 DEFINITIONS.

As used in this chapter:

(a) "Planned Development District" means a pre-planned community within the City containing various types of housing as are permitted within this chapter, constructed substantially according to a predetermined and approved plan providing for the clustering of residential housing to preserve open spaces for scenic beauty and recreation for the use of all residents within the planned development district.

(b) "Area" means a major subdivision of the district for the use shown on the general plan and indicates that land which is privately owned as a site for one or more privately owned bui1dings, as well as the land within the boundaries of such area devoted to open space.

(c) "Attached Single-Family Dwellings" means a multi-family dwelling comprised of at least two dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances on the ground floor with no common lobby, foyer, or similar hallway serving more than one apartment, which are or may be individually owned and may be rented or may be sold as condominiums. Included are townhouse types, such as atrium houses, patio houses and row houses.

(d) "Building" includes any structure that does not include roadways, paved walkways or similar improved surfaces.

(e) "Building Front" means that side of a building closest to the nearest street or roadway.

(f) "Building Site" means the parcel or parcels of land within a planned development district which are to be privately owned and may be occupied by one or more buildings or structures for uses permitted within the district. Open space shall not be considered a building site.

(g) "Detached Single-Family Dwellings" means and includes any dwelling unit which is not physically attached to any other dwelling unit which shall have a total living area of 1,200 square feet.

(h) "Dwelling" means a structure designed for occupation as a residence by one or more families each living independently as a housekeeping unit in a separate dwelling unit.

(i) "Dwelling Unit" means rooms providing complete living facilities for one family including equipment for cooking or provision for the same and including rooms for living, sleeping and eating.

(j) "Gross Acreage" means the entire land area within the planned development district.

(k) "Open Space" means the land within the planned development district which is to be transferred to one or more non-profit corporations for the recreational use of the residents within any area or within the entire planned development district.

(l) "Recreation" means and includes parks, playgrounds, athletic fields, swimming pools, golf courses, tennis courts and other similar uses, including buildings or structures incidental thereto, but none of which uses shall be permitted for profit of private interests.

(m) "Villa" means and includes any dwelling unit which is not physically attached to any other dwelling unit which has a minimum living area of 900 square feet, which is designed for families of three persons or less containing at least two bedrooms and which villas shall be sold as condominium units pursuant to the laws of the State governing condominiums.

(n) “Detached Single-family Cluster Dwellings” means a single-family dwelling, clustered with other single-family dwellings, situated on lots having lot areas smaller than that of standard single-family dwelling units and located on private roads maintained by a homeowners’ association, which association shall also be responsible for maintenance and management of other open space and common improvements benefitting the detached single-family cluster dwellings.

(Ord. 20-2004. Passed 10-26-04.)

1151.02 PURPOSES.

(a) It is desirable that a zoning district be established which will permit the application of modern planning techniques in the development of residential areas, providing a variety of housing-types with suitable recreational uses being developed within such residential areas.

(b) The clustering of houses and multi-family dwelling units, as defined in this Zoning Code, in order that large areas of land can be left open, for more flexible recreational use by all inhabitants within an area and for the preservation of large areas of natural scenic beauty is appropriate. This arrangement does not adversely affect the health, safety and welfare of the community and the citizens thereof when such open spaces can be assured for the use of all of the residents within an area or within the planned development district.

(Ord. 20-2004. Passed 10-26-04.)

1151.03 GENERAL STANDARDS.

In determining whether or not to establish a planned development district within an area of the City and in reviewing any plans for the development of such a district, the Planning and Zoning Commission and Council shall take into consideration the effect the district and its development will have upon properties in the surrounding vicinity, population density, open spaces, traffic problems and the relation to public safety, the availability and provision for essential services particularly water and sewage disposal, the need for adequate open space to provide light and air and recreational facilities, population trends, topography, unique scenic features of the particular parcel under consideration and the health, safety and welfare of the community and the citizens thereof in the City and surrounding metropolitan areas.

(Ord. 20-2004. Passed 10-26-04.)

1151.04 AREA, DENSITY AND OPEN SPACE REQUIREMENTS.

(a) Area Requirements. A planned development district shall contain at least 100 acres of land. All land within the district shall be contiguous and shall not be divided into parts by any State or Federal limited access highway, or by any large area of land not included within the district, or by any railroad rights of way. The existence of public or private streets or highways other than limited access highways, electrical transmission lines, transmission pipes or other rights of way in fee or by easement within any area shall not be considered as any large area of land in determining if an area is contiguous.

(b) Density Requirements. In a planned development district, the overall density of the dwelling units within the district shall not exceed three dwelling units per acre after first subtracting fifteen percent (15%) acreage to be devoted for open space. Ledges, wetlands and other geographical phenomena may be included within the fifteen percent (15%) open space, however, if such geological phenomena exceed fifteen percent (15%) of the area of the district, then such additional area shall also be excluded when determining density for the district: The residential use areas shall consist of at least thirty-three and one-third percent (33-1/3%) single-family dwelling units.

(1) In computing the overall density, residential and recreational use areas of the district shall be used for the calculation, excluding all areas intended for open space, school sites, street areas, parking lots, wetlands or land set aside for nature preserves and other similar non-open space areas.

(2) As used in the above paragraph, land area means the acreage of the building site.

(c) Open Space Requirements. In a planned development district, at least fifteen percent (15%) of the land constituting the district shall be reserved as open space on which no buildings or structures other than buildings or structures for recreational uses shall be may be constructed. Parking lots are not to be considered as open space. Such open space including any recreational facilities proposed to be constructed in such space shall be clearly shown on the general plan, and the general plan shall include descriptive data as to methods to be employed to preserve and maintain such space.

(Ord. 20-2004. Passed 10-26-04.)

1151.05 ESTABLISHMENT.

(a) Provisional Approval.

(1) General Plan. At the time of the establishment of a planned development district, a general plan for the development of the district shall have been filed by the owner or owners of the land to be rezoned with the Planning and Zoning Commission pursuant to the procedure established in this Zoning Code. 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 the property prepared by an architect-engineer or planner in charge authorized to practice in the State of Ohio, and show the following:

A. The boundaries of the district.

B. The topography of the district.

C. The proposed street system for the district.

D. The areas of the district to be used for detached single-family dwellings, attached single-family dwellings and villas.

E. The area or areas of the district to be preserved as open space which shall not be less than fifteen percent (15%) of net acreage of the district.

F. Descriptive data as to the methods to be employed to preserve and maintain open space.

G. The areas into which such district is to be divided for different uses; the use proposed for each such area; the number of housing units by type in any given area; the location and size of school sites proposed, if any.

H. The total population density for the district in the number of housing units.

I. The acreage of the district.

J. Location of proposed parking lots within the district.

K. Descriptive data concerning the sewer and water facilities within the district; identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred.

Upon approval of the general plan, pursuant to Ohio R.C. 713.12, the land shall be rezoned for use as a planned development district subject to the further qualifications and the requirements of subsection (b) hereof.

(b) Use of Land Pending Final Approval. Upon provisional approval of the rezoning of the land pursuant to the procedures established in Ohio R.C. 713.12 and prior to final approval of the area within the planned development district such land may be used only for single-family detached residences as permitted in residential districts pursuant to the rules and regulations in the Zoning Code.

(c) Final Approval of Uses. Before such uses as were authorized by the preliminary approval of a planned development district may be made, the owner must file a final development plan for any specific area within the district with the Planning and Zoning 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 use of all residents of the area with accurate acreages, courses and distances as determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy thereof.

(2) The location of all buildings, descriptive data as to the type of buildings and the number of dwelling units in each separate type.

(3) A title guarantee prepared by a reputable title company shall show the legal description of the land which has been set aside for open space and shall show appropriate restrictions limiting the use of such land for recreational and open space in perpetuity and granting owners and residents of the area to be developed a right in easement for the use of such open space.

(4) A detailed plan setting forth the number, means and proposed time of transfer of the land developed for open space to a nonprofit entity and the rights of use of such open space by all residents of the area.

(Ord. 20-2004. Passed 10-26-04.)

1151.06 CONDITIONS FOR APPROVAL OF FINAL DEVELOPMENT PLAN.

(a) No applicable general or specific requirements are violated by the final deve1opment plan.

(b) The final development plan accurately sets forth the area to be developed and the area to be set aside as open space within appropriate boundaries established by courses and distances and the acreage within the area to be approved as set forth as well as the acreage of the area to be set aside as open space for use of all residents within the area.

(c) The final development plan is substantially in accordance with the general plan which has been previously filed with the Planning and Zoning Commission and approved pursuant to procedures established in Ohio R.C. 713.12.

(d) 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.

(Ord. 20-2004. Passed 10-26-04.)

1151.07 APPROVAL.

(a) The Planning and Zoning Commission has issued a certificate approving such plan upon finding that:

(1) The final development plan is substantially in accordance with the general plan, and there has been no change in such plan so as to violate the general standards and general requirements of this chapter.

(2) The final development plan meets with all of the specific requirements set forth in Section 1151.05 and all conditions for approval have been met.

(3) The Building Inspector has issued a zoning certificate with respect to any such building or structure.

(b) Actual development within the planned development district may be done in any geographical segments. Each segment shall be referred to as an area. Final development plans for the entire district need not be filed before construction is commenced in the area. Such a plan shall be filed and approved for an entire area shown on the general plan before any construction is commenced within that area. Also before construction of any building or structure is commenced in any area, and before any property is offered for sale:

(1) All roads within that area or necessary to connect the area with an existing public street or highway shall have been constructed or adequate bond securing the construction of such roads shall have been filed with the City and the County.

(2) All sanitary and storm sewers and any related sewage disposal plant or plants approved by the State Department of Health and the County, shall have been constructed or adequate bond assuring the construction of such sewers and disposal plant or plants shall have been filed with the City and the County.

(3) Underground electric and water lines shall have been constructed or adequate bond assuring the construction of such utilities shall have been filed with the City and the County.

(c) The Building Inspector shall issue a zoning certificate for each building or structure upon payment of the appropriate fee under this Zoning Code and the filing of an application for the certificate showing the building or structure to be constructed in accordance with the requirements of the final development plan approved by the Planning and Zoning Commission.
(Ord. 20-2004. Passed 10-26-04.)

1151.08 SPECIFIC REQUIREMENTS.

(a) Water Supply. An adequate source of potable water shall be brought to the planned development district either from the City of Cleveland Water System or from wells from within the district. All water lines constructed within the district shall be at the sole expense of the owner or developer. Plans and specifications shall be approved by the Summit County Engineer.

(b) Sewer System. The owner or developer shall, at its sole expense, construct a sanitary sewer system meeting all requirements of the Summit County authorities, title to which shall be transferred to Summit County, if requested by the County. Plans and specifications must be approved by the Summit County Sanitation Engineer.

(c) Underground Electrical Wiring System. Plans and specifications must be approved by the Ohio Edison Company or the utility serving this area.

(d) Open Space. At least fifteen percent (15%) of the acreage of the land within any residential area of a planned development district shall be preserved as open space for use by the residents of the particular area or residents of the entire district for the following collective uses:

(1) Buffer strips.

(2) Preservation of scenic beauty.

All open space land shown on the final development plan must contain legally enforceable reservations and restrictions which will insure the preservation of such land for recreational and similar use in perpetuity, and absolutely prohibit private development of such open space land, except for the above collective uses for the use of the owners and residents without profit.

The final development plan shall include a detailed plan established by its owner or developer, for the conveyance of all open space land to one or more nonprofit corporations formed for the purpose of maintaining such open space for the use of memberships thereof. Membership in such non-profit corporations must be open to all owners of property and residents within an area of the planned development district or within the district.

The entity which ultimately owns and maintains the open space area must be an entity distinct from the owner or developer of the planned development district. The owner or developer can have no greater ownership or control of such open space than the property owners or residents within the district after the title to such land is transferred as provided below.

Legal title to the open spaces in any particular area must be transferred to such non-profit corporation when at least fifty-one percent (51%) of the number of dwelling units in any particular area have been occupied.

The owner or developer of a planned development district must maintain such open spaces and pay all taxes thereon until such time as legal title to the open space has been transferred to nonprofit corporation.

(e) Area and Yard Requirements. In a planned development district the following yard and related requirements shall be observed:

(1) Maximum density of residential development. Three dwelling units per acre based upon the net area of the proposed development.

(2) Lot areas.

A. Single-family dwelling units shall have a minimum of 16,000 square feet for each dwelling unit, provided, however, that attached single-family dwelling units shall have a minimum sublot size of 4,500 square feet for each dwelling unit, provided further, however, that detached single-family cluster dwelling units shall have a sublot size of 5,250 square feet for each dwelling unit.

B. Villas shall have a minimum sublot size of 13,000 for each dwelling unit. Villas shall be sold as condominiums pursuant to the condominium laws of the State.

(3) Walls and privacy enclosures.

A 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 may be located within five feet of either side lot line, must conform to front and rear yard requirements, and may be to a height of nine feet.

B. In any area designated for multi-family development on the approved development plan, solid walls, screens and privacy enclosures shall be permitted to a maximum height of nine feet and shall meet the front yard requirements for multi-family dwellings.

(4) Setback building line. Front yards of detached and attached single-family dwelling units. No building shall be constructed closer than twenty-five feet measured from the edge of street pavement.

(5) Side yards.

A. Single-family dwelling units: Ten feet minimum for one side yard; twenty feet total for both side yards, provided that no two dwelling unit structures with an outside living area wall shall be erected closer than ten feet to the side lot line.

B. Villas: Side yard distance between villa dwelling units shall be a minimum of ten feet.

C. Attached single-family dwellings: No building shall be constructed closer than fifteen feet to another building, provided that attached single-family dwellings sharing a common foundation and roof structure may be constructed up to five feet apart.

D. Detached single-family cluster dwellings: No buildings shall be constructed closer than 15 feet to another building.

(6) Rear yards. Detached single-family dwellings, attached single-family dwellings, villas: No building or structure shall be erected nearer than twenty-five feet to any rear lot line.

(7) Height of buildings. The maximum height of a detached single-family dwelling, villa dwelling or attached single-family dwelling shall not exceed thirty-five feet in height.

(8) Size of dwelling unit. Each dwelling unit shall have a minimum floor area as shown in the following table:

Dwelling Type		Minimum Living Area (square feet)
Detached single-family one story with basement		1,200
One story without basement		1,500
One and one-half story	1st floor	1,000
	2nd floor	600
Two stories	1st floor	800
	2nd floor	800
Villas		900
Multi-family
One bedroom unit		800
Two bedroom unit		950
Three bedroom unit		1,100

(9) Buffer zones.

A. Minimum distance between different building types shall be not less than one-half the total height of the two building structures.

B. Minimum distance between multi-family dwellings and detached single-family dwellings and villas shall not be less than two times the height of the multi-family dwellings.

(10) Multi-family dwelling units.

A. Ten dwelling units or a lesser number may be attached one to another by a common or adjoining wall and shall be regarded as constituting a single building, but not as a detached single-family dwelling unit.

B. All measurements of attached single-family dwelling buildings shall be made as a single building.

(11) Cul-de-sac. The starting point for land measurements on a cul-de-sac shall be one-half of the radii of the circle.

(12) In a planned development district, no single family dwelling shall be erected on a lot having a frontage of less than ninety feet, except for lots bordering on cul-de-sacs, bubbles, and other such turn-arounds.

(f) Parking Requirements.

(1) The parking of automobiles and other motor vehicles on public streets within the planned development district is prohibited.

(2) All automobile parking lots shall be screened from adjoining streets by the planting of shrubbery or the construction of a decorative fence.

(3) Parking lots shall be permitted in the most attractive location for the convenience of the people, between the road and the building. No parking lot shall be closer than thirty-five feet from the center of the street right-of-way.

(4) Off-street parking shall be provided for all buildings and all uses within the planned development district in accordance with the following schedule, provided, however, that the guest parking indicated on the schedule shall only be required in connection with attached single-family dwellings, villas and detached single-family cluster dwellings.

(5) Schedule of off-street parking spaces.

		Use	Number of Spaces for Parking
A.	Residential.
	1.	Detached single-family	2 per unit
	2.	Attached single-family	2 per dwelling
	3.	Villa	2 per dwelling unit
	4.	Detached single-family cluster	2 per dwelling
	5.	Guest parking	1 per 4 dwelling units
B.	Recreational.
	1.	Places of assembly	1 per each 4 seats of seating capacity
	2.	Swimming pool	1 per 100 sq. ft. of area devoted to activity and to spectators
	3.	Tennis courts	4 per court

(6) For a specific building or use not scheduled above, the Board of Zoning and Building Appeals shall apply the unit of measure of the above schedule deemed to be most similar to the proposed building or use.

(7) The City may permit the construction of buildings and facilities having infrequent requirements of parking without the construction of off-street parking spaces in accordance with the above schedule; provided, however, that a maximum reduction shall be limited to seventy-five percent (75%) of the spaces required by the above schedule. The foregoing parking spaces requirements shall be regarded as minimum requirements and additional spaces may be provided for any such use.

(8) All parking spaces, including driveways except in detached single-family dwelling areas, and garage floors shall be concrete or asphalt and adequately drained.

(g) Streets. All streets shall be paved and curbed with concrete or any other equally suited substitute material in accordance with the standards necessary for dedicated streets within the City as set forth in Section 1119.04(e). Walkways shall be constructed of concrete or any other equally suited substitute material on both sides of the street on all main arteries as shown in the general plan. All walkways shall be constructed in accordance with the Summit County Subdivision Regulations.

(h) Community Center. A community center of sufficient size to accommodate the area of social activity shall be provided in the planned development district.

(i) Association.A Planned Development District consisting in whole, or in part, of detached single-family cluster dwellings must include a homeowners’ association for the maintenance of open spaces and other improvements benefitting all owners of dwelling units. Such associations may maintain landscaping, yards and driveways of the dwelling units.

(Ord. 20-2004. Passed 10-26-04.)

1151.09 PERMITTED USES.

In a planned development district the following uses shall be permitted in the specific area on the general plan as approved pursuant to this Zoning Code and Ohio R.C. 713.12:

(a) Detached single-family dwellings,

(b) Attached single-family dwellings,

(d) Any recreational use, not for profit or private interest.

(Ord. 20-2004. Passed 10-26-04.)

1151.10 CONDITIONAL USES.

The following conditional uses shall be permitted in a planned development district upon acquisition of a conditional zoning certificate from the Planning and Zoning Commission upon application filed by the owner if the use does not adversely effect the health, safety and welfare of the community:

(a) Public and parochial schools.

(b) Buildings necessary or incidental to recreational uses.

(c) All conditional uses are subject to limitation set forth in the Zoning Code. In addition, conditional uses permitted in this Zoning Code section shall be located in a planned development district in the area most appropriate for such conditional use.

(Ord. 20-2004. Passed 10-26-04.)

1151.11 AMENDMENTS.

(a) In the development of a planned development district, it is recognized that the flexibility of such plan is desirable and that from time to time amendments to the general plan may be appropriate. Accordingly, if at any time an owner or owners of the property within a planned development district shall determine that amendments to the general plan are appropriate, such owner or owners must file an application for amendment with the Planning and Zoning Commission.

(b) Such application shall include a description of the amendment requested, a statement of the reasons for such amendment, and a final development plan for the area in which the amendment is requested.

(c) Such amendment shall be granted in accordance with the procedures established in this Zoning Code and the Ohio Revised Code. The Planning and Zoning Commission shall not approve any amendment unless:

(1) No applicable general requirements are violated by the amendment requested.

(2) Though the type of dwelling unit to be constructed within an area may be changed by the amendment, the number of dwelling units to be constructed in the area shall not be materially increased from that shown on the general plan.

(3) All of the yard and related requirements applicable to use which is permitted by the amendment are shown as compiled by the final development plan.

(4) The character of the area of the planned development district as amended is not adversely affected by the proposed amendment.

(5) The applicant establishes that when all circumstances are considered that part of the original plan desired to be amended is impractical or not feasible.

(d) If the amendment is approved, the final development plan submitted with the application shall be the final development plan for the area covered thereby and the Planning and Zoning Commission shall be authorized to issue its approval of the final development plan as amended, if all other conditions and requirements have been met for buildings or structures to be constructed in accordance with the final development plan as amended.

(Ord. 20-2004. Passed 10-26-04.)

1151.12 ADDITIONS.

Any area of land adjoining a planned development district may be added to a planned development district by amendment of the Zoning Map and rezoning of such land pursuant to the provisions of Ohio R. C .713.12 as from time to time amended or supplemented and pursuant to provisions set forth in the City Zoning Code. All the requirements of this section of the Zoning Code, other than the original acreage requirements, shall be applicable to the inclusion of such additional land within one planned development district.

(Ord. 20-2004. Passed 10-26-04.)

1151.13 SUBDIVISION OF LAND.

(a) Copy of the general plan and each final development plan shall be filed with the Planning and Zoning Commission prior to the approval of any subdivision of the land within the planned development district.

(b) No land within a planned development district shall be subdivided so as to conflict with the final development plan of any area within a planned development district or so as to conflict with any applicable provision of the City Zoning Code including specifically this chapter.
(Ord. 20-2004. Passed 10-26-04.)

1151.14 OWNERS OF STREETS TO PROVIDE PERFORMANCE BOND.

(a) The owner of all private streets within Reminderville's Planned Development District shall post with the Fiscal Officer, a cash performance bond in the amount of twenty-five thousand dollars ($25,000) to assure the City that private streets within the City's Planned Development District will be in a condition acceptable to the City Engineer at the time that the owner of such private streets has completed development within the Planned Development District. The condition of this bond shall be that if any portion of the roadway or a private street within Reminderville's Planned Development District is in a condition of repair unacceptable to the City Engineer, applying sound highway construction principles, then the surety liable on such bond shall pay over to the City , the amount of money necessary in order to put such private streets in proper repair as determined by the City Engineer.

(b) (1) A "private street" as used herein means any street or highway, the roadway of which is designed for division into two or more lanes for vehicular traffic, but which has not been dedicated for public use.

(2) "Roadway." means that portion of a private street, improved, designed or ordinarily used for vehicular traffic except the berm or shoulder.

(Ord. 20-2004. Passed 10-26-04.)

1153.01 NONCONFORMING BUILDINGS, STRUCTURES OR USES.

A building, structure or use which does not comply with the regulations of this section relative to the district in which it is located, and which was lawfully in existence at the time of the passage of this section, may be continued and used in its nonconforming status, subject to the provisions of this Zoning Ordinance; but this provision shall not permit the continuance of any building, structure, or use constructed, moved, altered, or commenced in violation of any previous ordinance of the City .

(a) A nonconforming building, structure or use shall not be extended .

(b) A nonconforming building, structure or use shall not be changed, except in such manner as to bring it into conformity with the provisions of this section.

(c) A nonconforming building, structure or use, if destroyed, damaged or prevented by fire, explosion, flood, earthquake, war, riot or act of God, may be required or restored and devoted to the same or a more restricted use; provided that such repair and restoration be complete and such use resumed within twelve months of the calamity, and provided that all applicable height, area and yard regulations are complied with in such repair and restoration.

(d) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared unsafe by any lawful authority or officer.

(1978 Code Sec. 1264.01)

1155.01 PRINCIPLES ESTABLISHED.

The principles established shall be applied in establishing, setting and checking of grades for the construction of buildings in the City in order to:

(a) Eliminate, as much as practically possible, unnatural drainage onto adjoining property.

(b) Reduce the amount of grading;

(d) Utilize natural contours to the extent possible so that land can be drained without excessive grading;

(e) Preserve natural features to maintain interest in each neighborhood and to generate attractive building sites;

(f0 Eliminate the possibility of a nuisance; and

(g) Preserve and maintain good aesthetic values.

(1978 Code Sec. 1274.01)

1155.02 DEFINITIONS.

(a) As used herein, words and phrases shall have their ordinary meaning, unless otherwise defined in the Zoning Code.

(b) “Engineer” means the City Engineer or a professional licensed engineer employed by the City .

(1978 Code Sec. 1274.02)

1155.03 APPLICABLE REGULATIONS AND FEES.

The provisions of this section shall be in addition to all other provisions, including fees for obtaining a building permit or Zoning Certificate required by the Zoning Code and Building Code of the City

Each application for a building permit shall be accompanied by not less than three copies of a topographical survey of the lot (scale: designated by the City Building Inspector) prepared by a Registered Professional Engineer or a Registered Surveyor licensed by the State, which survey shall include but not be limited to:

(a) Existing (natural grade) and proposed (finished garde) ground elevations:

(1) Along the property line; and

(2) At the building line; and

(3) Twenty-five feet, plus or minus outside the property line; and

(4) Next to adjacent structures; and

(5) In the roadway ditch, if any; and

(6) In the centerline of the street, and

(7) At any other location necessary to depict the proposed grading; and

(b) Placement of proposed building, showing size, distances to property lines and street right-of-way; and

(d) Designated permanent bench mark; and

(e) Location and elevations of any swales, streams, or natural watercourses traversing or touching the property; and

(f) Location of all utilities; and

(g) Any other information relative to the proposed construction consistent with the objectives herein.

If all of the in formation required herein is already shown on the architectural drawings of the structure, it will not be necessary to submit separate surveys.

On an application for a permit for an accessory building or an addition to an existing building, the Building Inspector may waive the requirements for a topographical survey, if, in his opinion, such survey will serve no useful purpose. Such waiver shall be in writing and a copy shall be filed with the application.

The following fees for inspecting and establishing the grades shall be collected form the applicant for a building permit at the time the topographical survey required herein is submitted to the Building Inspector.

Each single-family residence	$ 85.00
Accessory building:
Up to 400 square feet in floor area	25.00
For each additional 100 square feet in floor area	5.00
Commercial and industrial buildings:
For each 100 square feet of floor space	25.00
Minimum fee	75.00
Maximum fee	450.00

The City Engineer shall not commence checking the topographical survey until such fees have been paid. The Building Inspector shall issue a receipt therefor to the applicant and pay over such fee to the Director of Finance. All fees shall be credited to the General Fund.

The Building Inspector shall refer surveys, drawings and other pertinent data to the Consulting Engineer appointed by the City to check the grades for the property.

The proposed grades shall be checked by applying the objectives and criteria established herein, together with due consideration of the finished grades of adjoining premises, the location of public utilities in relation to the premises being improved, the contemplated use of the premises and the potential of undeveloped adjoining properties, if any, under applicable zoning regulations. If the proposed grades do not conform to the requirements herein, then the City shall establish or set the grades.

Any person dissatisfied with the grades finally established or set by the City , may appeal to the Board of Zoning and Building Appeals.

Any owner, lessee, or occupier of land intending to perform substantial grading incidental to an open land use of the premises only, shall first make application to the Building Inspector. Such grading is subject to the requirements herein.

The Building Inspector shall cause inspection to be made of all grading. When the grading is found to be in violation, upon notice from the Building Inspector, all construction shall cease. Failure to bring the property into compliance with this section within thirty days after such notice shall be deemed a fourth degree misdemeanor.

(a) No person, firm or corporation intending to construct a building shall commence grading and digging without first having obtained a building permit.

(b) No person, firm, or corporation shall perform substantial grading incidental to an open land use of the premises without first having obtained a building permit, limited to grading only, from the Building Inspector.

(c) No person, firm or corporation having received a building permit or grading permit shall deviate from the grade prescribed or approved by the City Engineer.

(1978 Code Sec. 1274.03)

1155.99 PENALTY.

Whoever violates Section 1155.03 shall be guilty of a fourth degree misdemeanor and fined not to exceed two hundred and fifty dollars ($250.00) or imprisoned not more than thirty days, or both. If, upon thirty days after conviction such premises are not restored to the grade established by the City Engineer, then, upon conviction such person, firm or corporation shall be guilty of a first degree misdemeanor and subject to a fine of one thousand dollars ($1,000) or imprisonment not to exceed six months, or both.

(1978 Code Sec. 1274.04)

1157.01 DEFINITIONS.

As used in this chapter,

(a) "ECPDD" means an "Environmental Conservation Planned Development District and shall be governed by this chapter.

(b) An "ECPDD" consists of a pre-planned community within the City containing various types of attached and detached residential dwelling units as well as detached single family dwellings units which are located in a natural environment which the City has determined should be preserved and protected.

(c) "Detached Villas" means a detached single family villa home containing at least 950 square feet of living space and designed for a family of (3) persons or less

(d) "Paired Villas" means a building containing two dwelling units each with an attached garage and attached by common fireproof walls, each unit having at least two first floor separate entrances, one of which maybe a garage entrance. Paired Villas may be individually owned and may be rented or may be sold as Condominiums or fee simple units. Paired Villas will not have common lobbies, foyers, or hallways.

(e) "Multi-Family Villa Dwellings" means a multi-family building containing at least three, but no more than eight dwelling units attached by common fireproof walls, each unit contains a garage and having at least two separate first floor exterior entrances one of which may be through the garage. These units may be individually owned and may be rented or may be sold as condominiums or fee simple units.

(f) "Detached Single Family Dwellings" means and includes units which are not physically attached to any other dwelling unit and shall have a minimum total living area of 1,200 square feet and an attached garage.

(g) "Dwelling" means a structure designed for occupation as a residence by one family each living independently as a housekeeping unit in a dwelling.

(h) "Homeowner's Association" means the association of homeowners established by the developer of an ECPDD. Each owner of a dwelling unit must be a member of the homeowners association.

(i) "Building" includes any structure that does not include roadways, paved walkways or similar improved surfaces.

(j) "Building Front" means the side of a building closest to the nearest street or roadway.

(k) "Building Site" means the parcel or parcels of land within the ECPDD which are to be privately owned and may be occupied by one or more buildings or structures for uses permitted within the district. Open space shall not be considered a building site.

(l) "Gross Acreage" means the entire land area within the ECPDD.

(m) "Open Space" means the land within the ECPDD which is to be transferred to the Homeowner's Association for the recreational use of the residents within any area or within the entire ECPDD.

(Ord. 4-2005. Passed 3-22-05.)

1157.02 PURPOSES.

(a) It is desirable that a zoning district be established which will permit the application of modern planning techniques in the development of residential areas, providing a variety of housing types while preserving the environmental assets contained within.

(b) It is desirable to permit the clustering of houses and multi-family dwellings units, as defined in this Zoning Code, in order to permit residential developments to take on a more compact form in order to preserve and maintain identified environmental assets in their natural state and to allow more area for the residents of the ECPDD to enjoy.

(Ord. 4-2005. Passed 3-22-05.)

1157.03 GENERAL STANDARDS.

In determining whether or not to establish a ECPDD within the area of the City and in reviewing any plans for the development of such a district, the Planning and Zoning Commission (hereinafter sometimes referred to as "Planning Commission") and Council shall take into consideration the effect that the district and its development will have upon properties in the surrounding vicinity, natural open spaces provided, the availability and provisions for essential services particularly water and sewage disposal, and the health, safety, and welfare of the community and the citizens thereof in the City .

(Ord. 4-2005. Passed 3-22-05.)

1157.04 AREA, DENSITY AND OPEN SPACE REQUIREMENTS.

(a) Area Requirements. An ECPDD shall contain at least 80 acres of land. All land within the district shall be contiguous and shall not be divided into parts by any State or Federal limited access highway, or by any large area of land not included within the district, or by any railroad right-of-way. The existence, of public or private streets or highways other than limited access highways, electrical transmission lines, transmission pipes or other right-of-way in fee or by easement within any area shall be permitted and shall not be considered as any large area of land in determining if an area is contiguous.

(b) Density Requirement. The permitted density of dwelling units is 3.5 units per acre. The number of dwelling units permitted on a site is determined from the following formula:

TSA x 3.5UA x 90%
Where:	TSA = Total site gross area in acres
Where:	3.5UA = The permitted number of units per acres.
Where:	90% = A factor to account for public or private right of way required in a development.
NOTE: When the above formula produces a fractional value, the number shall be rounded to the nearest whole number.

(c) Open Space. All open space land shown as proposed must contain legally enforceable reservations and restrictions which will insure the preservation of the environmental assets and recreational use in perpetuity, and absolutely prohibit private development of said open space. Each development shall set aside twenty-five percent (25%) of its total TSA for environmental and open space preservation.

(1) Open space is defined as the following:

A. Areas where no building or structures shall be constructed unless for recreational use.

B. Wetlands areas.

C. Retention/Detention areas.

(2) Areas not considered required open space:

A. Public and private roads and associated right-of-ways.

B. Required building setbacks and other spacing requirements.

C. Public or private parking areas, access ways and driveways.

(d) Area and Height Requirements. Dwellings shall be located on individual lots and there are no minimum lot sizes. However, if lots are part of the Final Development Plan, the lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing and yard requirements of the ECPDD. Additionally no multi-family units may be built unless the developer or owner thereof so develops at least five (5) acres of contiguous land.

(1) Lot areas.

A. Front yard.

1. Detached single family dwelling: No single family dwelling unit shall be constructed closer than (25) feet from proposed right-of-way.

2. Detached villa, paired villa, or multi-family villa dwelling units: No detached villa, paired villa, or multi-family villa dwelling unit shall be constructed closer than (25) feet from the edge of pavement.

B. Side yard.

1. Detached single family dwelling: No detached single family dwelling unit shall be constructed closer than (5) feet from the side yard line with minimum of (15) feet between dwelling units.

2. Detached villa, paired villa, or multi-family villa dwelling units: No detached villa, paired villa, or multi-family villa shall be constructed closer than (5) feet from the side yard line.

C. Rear yard.

1. Detached single family dwelling: No detached single family dwelling unit shall be constructed closer than (25) from property rear line or perimeter of development area.

2. Detached villa. paired villa. or multi-family villa: No detached villa, paired villa, or multi-family villa shall be constructed closer than (25) from rear property line or perimeter of development area unless said land is adjacent to lands deemed undevelopable.

(2) Height of building. The maximum height of a detached single family dwelling, detached villa, paired villa, or multi-family villa shall be (45) feet. The maximum height of any occupied level shall not exceed twenty- five feet (25') from the ground to the floor of that said occupied level.

(3) Size of dwelling units.

A. Each dwelling unit shall have a minimum floor area as shown in the following:

1. Detached single family dwelling with one story: The minimum square footage of a detached single family dwelling is 1,200.

2. One and one half story: The minimum of the first floor shall be 1,000 square feet. The minimum of the half story shall be 600 square feet.

3. Detached single family dwelling with two stories: The minimum square footage of a detached single family dwelling with two stories is 800 on the first floor and 800 on the second.

4. Villas: The minimum square footage of villa dwelling units are: one bedroom 800; two bedrooms 950; three bedrooms 1,100.

(4) Buffer zone. Minimum distance between different building types shall not be less than one-half the total height of the two building structures.

(5) Cul-de-sac. The starting point for land measurements on a cul-de-sac shall be one half of the radii of the circle. Furthermore, all cul-de-sacs shall be no less than sixty feet (60') in diameter.

(6) Frontage. A detached single family dwelling unit shall have a minimum frontage of (70) feet at the building setback line and detached villa dwelling units minimum shall be (40) feet.

(7) Parking requirements. In an ECPDD, two (2) off-street parking spaces must be provided for each unit. Attached garage and driveways are to be considered usable parking spaces.

(Ord. 4-2005. Passed 3-22-05.)

1157.05 ESTABLISHMENT.

(a) Overall Preliminary Development Plan. An Overall Preliminary Plan shall be submitted in accordance with requirements of this section to the Planning Commission and Council. The preliminary plan may be set forth on one or more maps or plans. All maps and plans must be signed by a registered engineer or planner in charge authorized to practice in the State of Ohio, and show the following:

(1) Boundaries of the area proposed for development with accurate dimensions and total acreage of all proposed land uses.

(2) Topographical survey.

(3) Location of all wetlands, rivers, streams, lakes, ponds and other water bodies.

(4) Location of all existing buildings and structures on the subject property.

(5) An illustration of detention/retention facilities.

(6) A summary of the proposed development broken down into component parts. The component parts shall include numbers of residential units by type (detached single family, paired villas, or multi-family villa) and land proposed to remain as required open space and common area.

(7) The location and dimensions of public and/or private streets, common drives and proposed utility locations, including but not limited to, water mains and fire hydrants.

(8) All proposed lot lines with dimensions for all residential units for which individual ownership is proposed. One generic example can be submitted in situations where fee simple lot lines have been created for structures containing (3) or more dwelling units.

(9) A landscaping plan including berms and/or mounding, decorative shrubs.

(10) A description of the proposed ownership and maintenance responsibility of the proposed required open space.

(11) An example of the proposed Declaration, Articles of Incorporation. and Code of Regulations for the Homeowner's Association, as well as drafts of any other covenants and restrictions and maintenance agreements to be imposed upon the use of all land and pertaining to the ownership. use, and maintenance of all common areas, including required open space.

(12) A description of anticipated project phasing.

(b) Final Development Plan. Before such uses as were authorized by the Overall Preliminary Plan approval of an ECPDD may be made, the owner must file a Final Development Plan for any specific area within the district with the Planning Commission and Council. The final development plan must include the following:

(1) The area to be developed and the area to be devoted to open space of environmental assets 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.

(2) The location of all building envelopes in which dwelling units shall lie, descriptive data as to the type of buildings and the number of dwelling units in each separate type.

(3) The plan shall be substantially in accordance with the overall preliminary plan which has been previously filed with the Planning Commission and approved.

(4) The plan shall show the density of dwelling units in any area not exceeding the number previously shown on the overall preliminary plan.

(Ord. 4-2005. Passed 3-22-05.)

1157.06 APPROVAL.

(a) The Planning Commission and Council shall issue a certificate approving such plan upon finding that:

(1) The final development plan is substantially in accordance with the overall preliminary plan, and there has been no change in such plan so as to violate the general standards and general requirements of this chapter.

(2) The final development plan meets all the specific requirements within this chapter and all conditions for approval have been met.

(b) Actual development within the ECPDD may be done in any geographical segments, although before any building or structure is commenced in any area, and before any property is offered for sale the following items must be completed:

(1) All roads within that area or necessary to connect the area with an existing public street or highway shall have been constructed, or adequate bond securing the construction of such roads shall have been filed with the City and County. All roads, both public and private, must meet the requirements of the City of Reminderville Engineer's office and the Reminderville Fire Department.

(2) All sanitary and storm sewers, approved by the Summit County Sanitation Engineer and Summit County authority, have been constructed and transferred to the proper Summit County authority. Storm sewer to be transferred to the City .

(3) Approved underground electrical service by First Energy or any current electrical service provider.

(4) Approved potable water source from Cleveland Water System, by the Reminderville Fire Department and by the Ohio EPA.

(Ord. 4-2005. Passed 3-22-05.)

1157.07 AMENDMENTS.

(a) In the development of a ECPDD, it is recognized that the flexibility of such plan is desirable and that from time to time amendments to the overall preliminary plan may be appropriate. Accordingly, if at any time an owner or owners of the property within a ECPDD shall determine that amendments to the Overall Preliminary Plan are appropriate, such owner or owners must file an application for amendment with the Planning Commission.

(b) Such application shall include a description of the amendment requested, a statement for the reasons for such amendment, and a final development plan for the area in which the amendment is requested.

(c) Such amendments shall be granted in accordance with the procedures established in this chapter. The Planning Commission shall not approve any amendments unless:

(1) No applicable general requirement is violated by the amendment requested.

(2) Though the type of dwelling unit to be constructed within an area may be changed by the amendment, the number of dwelling units to be constructed in the area shall not be increased from that shown on the Overall Preliminary Plan.

(3) All of the yard and related requirements applicable to use which is permitted by the amendment are shown as compiled by the Final Development Plan.

(4) The character of the area of the ECPDD as amended is not adversely affected by the proposed amendment.

(5) The applicant establishes that when all circumstances are considered that part of the original plan desired to be amended, is impractical or not feasible.

(d) If the amendment is approved, the Final Development Plan submitted with the application shall be the Final Development Plan for the area covered thereby and the Planning Commission and Council shall be authorized to issue its approval of the final development plan as amended, if all other conditions and requirements have been met for buildings or structures to be constructed in accordance with the final development plan as amended.

(Ord. 4-2005. Passed 3-22-05.)

1157.08 ADDITIONS.

Any area of land adjoining an ECPDD may be added to a planned development by amendment of the Zoning Map and rezoning of such land pursuant to the provisions of Ohio R.C. 713.12 as from time to time amended or supplemented and pursuant to provisions set forth in the City Zoning Code. All requirements of this section of the Zoning Code, other than the original acreage requirements, shall be applicable to the inclusion of such additional land within one ECPDD.

(Ord. 4-2005. Passed 3-22-05.)

1159.01 PURPOSE AND SCOPE.

(a) General: The word “Sign” when used in this chapter shall mean any display of characters, letters, logos. ornamentation or lights, including the structure on which these are located or applied, and are used for identification, direction, advertising. or promotional purposes.

(b) Purpose: The purpose of this chapter is to encourage the effective use of signs as a means of communication; to enhance the aesthetic environment; to improve the City's ability to attract residential and economic growth; to promote pedestrian and traffic safety; to minimize any adverse effect of signs on public and private property; and to enable the fair and consistent enforcement of these sign regulations.

(1) Property Value Protection. Signs should be in harmony with buildings, the neighborhood, and other conforming signs. Signs should not create a nuisance to the occupancy or use of other properties due to their size. height, lighting, or movement.

(2) Communications. Signs should help individuals identify and understand public and private jurisdictions and the character of its sub-areas. Signs should not deny the use of sight lines on rights-of-way or obscure public messages or traffic control instructions.

(3) Preservation of Community Identity. The active and objective regulation of signs will enhance the quality of life and economic viability of the City . (Ord. 25-2007. Passed 10-9-07.)

1159.02 DEFINITIONS.

Signs shall be defined and regulated in this chapter by one or more of the following elements; structure, message, and lighting.

(a) Structure: Signs shall be classified by their structural type, including;

(1) Pole Sign. A sign supported by a structural column or columns.

(2) Marquee or Mansard (Roof) Sign. A sign attached to the face of a marquee or roof structure.

(3) Roof Sign. A sign constructed or supported by the roof structure of a building.

(4) Planter Sign. A free-standing sign supported by stone, brick, wood, or other construction which may include integral landscaping.

(5) Wall Sign. A sign painted on a wall or panel affixed flat to a building wall.

(6) Window Sign. A sign displayed inside a window advertising a product or service conducted therein.

(7) Banner Sign. A sign suspended from ropes or cables spanning a street or drive with seasonal, election, or charitable promotions thereon.

(8) Temporary Sign. A sign advertising an event of a brief or limited duration.

(b) Message. Signs may be defined by the message displayed thereon:

(1) Advertising. A sign displaying goods sold or services rendered on the premises on which the sign is displayed.

(2) Bulletin Board. A sign located on the premises of a public, charitable, or religious facility announcing meetings, services, or events conducted therein.

(3) Real Estate. A sign announcing the sale, lease, or rental of the property on which the sign is located.

(4) Nameplate. A small sign presenting the name of a resident or business located therein.

(1) Internal lumination. Signs which have a translucent display face which are lighted by sources enclosed within the sign structure.

(2) External illumination. Signs which are lighted from a source outside the sign structure.
(Ord. 25-2007. Passed 10-9-07.)

1159.03 RESIDENTIAL DISTRICT SIGN REGULATIONS.

(a) Signs in Residential Districts, Class “A” Single Family, Planned Development and Environmental Conservation Planned Development, shall conform to the following regulations:

(1) Nameplate. A single nameplate not to exceed two square feet in area is permitted for each dwelling.

(2) Bulletin Board. One bulletin board or announcement sign may be located on the premises of a public, charitable, or religious facility, not to exceed fifty square feet in area and no greater than six feet in height. In addition, two temporary signs may be permitted for special events. Such bulletin boards or announcement signs may have internal or external illumination.

(3) Real Estate. One temporary sign announcing the sale, lease, or rental of a property is permitted, such total signage not to exceed twelve square feet in area or five feet in height.

(4) Construction Project. One project sign announcing the development of a residential project is permitted on-site, not to exceed fifty square feet in total and not to exceed five feet in height. Such signs are permitted only during active construction.

(5) Planter Sign. A permanent development or subdivision sign may be erected at the project's principal entrance, not to exceed fifty square feet in area or six feet in height. Such signs may be lighted only from an external source not visible from the adjacent roadways.

(6) Temporary Sign. One temporary sign not to exceed five square feet in area or three feet in height is permitted for an event or political campaign, such sign to be erected no more than twenty-one (21) days prior to the event and removed immediately after the event.

(b) Prohibited Signs. The following signs are specifically prohibited from residential areas:

(1) Lighting and Motion. Except as noted above, no residential signs shall be illuminated, nor shall they have moving elements to create attention or sound.

(2) Vehicle Advertising. Vehicles or trailers displaying signs for a business or product shall not be parked in a residential area for a period exceeding twenty-four (24) hours.

(3) Public Areas. Except as specifically authorized by Council, no sign shall be placed on any public land, right-of-way, utility pole. hydrant or tree. Any unauthorized sign may be removed by the Building Official and destroyed without notice to the owner.

(4) Portable Signs. Portable changeable message signs, pylon signs or inflatable character signs are specifically prohibited, except for personal seasonal holiday displays.
(Ord. 25-2007. Passed 10-9-07.)

1159.04 RETAIL BUSINESS DISTRICT SIGNS.

(a) Signs in Class "B" Retail Business Districts shall conform to the following regulations:

(1) Nameplates. A wall sign delineating a business or professional office use not to exceed five square feet.

(2) Business Sign. A sign delineating a business or service conducted on the site where the sign is located.

(3) Temporary Development Sign. A sign announcing the construction of a retail commercial center during the construction phase.

(4) Permanent Development Sign. A planter sign presenting the name of a retail commercial center and businesses located therein on the site where the sign is located

(5) Real Estate Sign. A sign offering the sale, lease, or rental of property on which the sign is located

(6) Directional Sign. A sign giving directional or traffic control information on the site.

(b) Prohibited Signs: In any Retail Business District the following signs are prohibited:

(1) Motion. No sign shall have moving elements which create motion or sound.

(2) Vehicle Advertising. No vehicles or trailers displaying signs for a business or service shall be parked in a location visible from adjacent streets or parking areas.

(3) Public Areas. Except as specifically authorized by Council, no sign shall be placed on any public land, right-of-way, utility pole, hydrant, or tree. Any unauthorized sign may be removed by the Building Official and destroyed without notice to the owner.

(4) Portable Signs. Portable changeable message signs, pylon signs, or inflatable character signs are specifically prohibited.

(c) Business Sign Size Regulations: Sizes of permitted business signs shall be calculated and regulated under the following criteria:

(1) Sign Area Measurement. The face area of signs shall be measured by the envelope enclosing all lettering, logos and symbols displayed thereon. Street addresses, nameplates, and directional signs shall be excluded from this calculation.

(2) Freestanding Signs. Freestanding signs may have two visible faces. In such cases, the total area of the sign may comprise twice the permitted area for each of the faces.

(3) Planter or Development Signs. Signs delineating the name of the retail business or development shall be a maximum of fifty square feet and a height of six feet; the design and placement of such signs shall be approved by the Architectural Review Board.

(4) Wall Signs. Signs for individual business, service, or office shall be a maximum of one square foot for every lineal foot of building unit frontage, such sign not to exceed fifty square feet without approval of the Architectural Review Board.

(5) Canopy or Fascia Signs. One sign indicating the entrance location of an individual business may be mounted below the walkway canopy or on the canopy fascia, such sign not to exceed five square feet and be located at least eight feet above the pedestrian walkway.

(6) Window Signs. Temporary signs announcing a sale or special event may be displayed provided they do not occupy more than thirty percent of the window in which they are located and not displayed for more than thirty days. (Ord. 25-2007. Passed 10-9-07.)

1159.05 SIGN APPROVAL PROCESS.

(a) Permits Required: A permit shall be required for all signs as follows:

(1) Residential. In a Residential District when the sign area exceeds ten square feet.

(2) Business. In a Retail Business District when the total area of all signs exceeds twenty square feet, excluding nameplates, addresses, and directional signs.

(b) Application Process: An application is required to install or alter a sign as required in subsection (a) herein. Application may be made by the owner or lessee of the property on which the sign is to be located on forms provided by the Building Official. The application may be made separately or in conjunction with an application for a building permit. Each application shall be accompanied by drawings to scale showing,

(1) The design and graphic layout including the total sign area and the size, character, and colors of letters, lines, and symbols.

(2) The method and intensity of illumination, if any.

(3) The location of the proposed sign in relation to buildings on the site.

(4) Any details of the construction details, materials, and attachment as may be required by the Building Official.

(c) Architectural Review Board: Where required herein, the Building Official shall submit the sign application to the Architectural Review Board for their review and approval.

(Ord. 25-2007. Passed 10-9-07.)

1159.06 ENFORCEMENT.

(a) Building Official: The Building Official of the City of Remindervi1le is in charge of the administration and enforcement of the provisions of this chapter.

(b) Non-Conforming Signs: Signs which were legal and made non-conforming under the passage of this Chapter may be continued under the following conditions:

(1) Legal non-conforming signs may be maintained and repaired if not increased in size.

(2) If a non-conforming sign is destroyed to an extent greater than fifty percent it shall not be restored or replaced except in conformance with the provisions of this chapter.

(c) Abandoned Signs: Any sign accessory to an abandoned use shall be removed within thirty days' notice by the Building Official. A use shall be determined abandoned if it has ceased operations for at least ninety consecutive days. Notice shall be deemed sufficient if mailed by first class mail to the address of the owner of the property as shown on the records of the Summit County Recorder.

(Ord. 25-2007. Passed 10-9-07.)

1172.01 PURPOSE AND SCOPE.

The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the City of Reminderville through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are:

(a) To prohibit illicit discharges and illegal connections to the MS4.

(b) To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.

(Ord. 9-2013. Passed 2-26-13.)

1172.02 APPLICABILITY.

This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the City of Reminderville, except for those discharges generated by the activities detailed in Section 1172.07(a)(1) to (3) of this regulation.

(Ord. 9-2013. Passed 2-26-13.)

1172.03 DEFINITIONS.

The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:

(a) Best Management Practices (BMPs): means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water.

(b) Community: means the City of Reminderville, its designated representatives, boards, or commissions.

(c) Environmental Protection Agency or United States Environmental Protection Agency (USEPA): means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.

(d) Floatable Material: in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.

(e) Hazardous Material: means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(f) Illicit Discharge: as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1172.07 of this regulation.

(g) Illegal Connection: means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.

(h) Municipal Separate Storm Sewer System (MS4): as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

(1) Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;

(2) Designed or used for collecting or conveying storm water;

(3) Which is not a combined sewer; and

(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.

(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by EPA (or by a state under authority delegated pursuant to 33 USC §1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.

(j) Off-Lot Discharging Home Sewage Treatment System: means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

(k) Owner/Operator: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.

(l) Pollutant: means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

(m) Storm Water: any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

(n) Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

(Ord. 9-2013. Passed 2-26-13.)

1172.04 DISCLAIMER OF LIABILITY.

Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property. (Ord. 9-2013. Passed 2-26-13.)

1172.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City of Reminderville, shall prevail.

(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

(d) Failure of the City of Reminderville to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Reminderville, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 9-2013. Passed 2-26-13.)

1172.06 RESPONSIBILITY FOR ADMINISTRATION.

The City of Reminderville shall administer, implement, and enforce the provisions of this regulation. City of Reminderville may contract with the Summit County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.

(Ord. 9-2013. Passed 2-26-13.)

1172.07 DISCHARGE AND CONNECTION PROHIBITIONS.

(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:

(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire fighting activities. These discharges are exempt until such time as they are determined by the City of Reminderville to be significant contributors of pollutants to the MS4.

(2) Discharges specified in writing by the City of Reminderville as being necessary to protect public health and safety.

(3) Discharges from off-lot discharging home sewage treatment systems permitted by the Summit County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for residential 1, 2, or 3 family dwellings. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Summit County Board of Health.

In compliance with the City of Reminderville Storm Water Management Program, discharges from all off-lot discharging home sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available, discharges from off-lot discharging home sewage treatment systems will no longer be exempt from the requirements of this regulation.

(b) Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.

(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.

(Ord. 9-2013. Passed 2-26-13.)

1172.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.

(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The City of Reminderville shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and home sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.

(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.

(1) The City of Reminderville shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.

(2) The City of Reminderville shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the City of Reminderville.

(3) The City of Reminderville shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the City of Reminderville to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the City of Reminderville and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.

(5) Unreasonable delays in allowing the City of Reminderville access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.

(6) If the City of Reminderville is refused access to any part of the facility from which storm water is discharged, and the City of Reminderville demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the City of Reminderville may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.

(7) Any costs associated with these inspections shall be assessed to the facility owner/operator.

(Ord. 9-2013. Passed 2-26-13.)

1172.09 ENFORCEMENT.

(a) Notice of Violation. When the City of Reminderville finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Reminderville may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of illicit discharges or illegal connections;

(3) That violating discharges, practices, or operations cease and desist;

(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or

(5) The implementation of source control or treatment BMPs.

(b) If abatement of a violation and/or restoration of affected property are required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.

(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.

(d) Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Reminderville Planning Commission shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.

(e) Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the City of Reminderville may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.

(Ord. 9-2013. Passed 2-26-13.)

1172.10 REMEDIES NOT EXCLUSIVE.

The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the City of Reminderville to seek cumulative remedies.

(Ord. 9-2013. Passed 2-26-13.)

CODIFIED ORDINANCES OF REMINDERVILLE

Reminderville City Zoning Code

TITLE SEVEN

Zoning Standards and Special Provisions

1151.01 DEFINITIONS.

As used in this chapter:

(d) "Building" includes any structure that does not include roadways, paved walkways or similar improved surfaces.

(e) "Building Front" means that side of a building closest to the nearest street or roadway.

(g) "Detached Single-Family Dwellings" means and includes any dwelling unit which is not physically attached to any other dwelling unit which shall have a total living area of 1,200 square feet.

(h) "Dwelling" means a structure designed for occupation as a residence by one or more families each living independently as a housekeeping unit in a separate dwelling unit.

(i) "Dwelling Unit" means rooms providing complete living facilities for one family including equipment for cooking or provision for the same and including rooms for living, sleeping and eating.

(j) "Gross Acreage" means the entire land area within the planned development district.

(Ord. 20-2004. Passed 10-26-04.)

1151.02 PURPOSES.

(Ord. 20-2004. Passed 10-26-04.)

1151.03 GENERAL STANDARDS.

(Ord. 20-2004. Passed 10-26-04.)

1151.04 AREA, DENSITY AND OPEN SPACE REQUIREMENTS.

(2) As used in the above paragraph, land area means the acreage of the building site.

(Ord. 20-2004. Passed 10-26-04.)

1151.05 ESTABLISHMENT.

(a) Provisional Approval.

A. The boundaries of the district.

B. The topography of the district.

C. The proposed street system for the district.

D. The areas of the district to be used for detached single-family dwellings, attached single-family dwellings and villas.

E. The area or areas of the district to be preserved as open space which shall not be less than fifteen percent (15%) of net acreage of the district.

F. Descriptive data as to the methods to be employed to preserve and maintain open space.

H. The total population density for the district in the number of housing units.

I. The acreage of the district.

J. Location of proposed parking lots within the district.

K. Descriptive data concerning the sewer and water facilities within the district; identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred.

(2) The location of all buildings, descriptive data as to the type of buildings and the number of dwelling units in each separate type.

(Ord. 20-2004. Passed 10-26-04.)

1151.06 CONDITIONS FOR APPROVAL OF FINAL DEVELOPMENT PLAN.

(a) No applicable general or specific requirements are violated by the final deve1opment plan.

(Ord. 20-2004. Passed 10-26-04.)

1151.07 APPROVAL.

(a) The Planning and Zoning Commission has issued a certificate approving such plan upon finding that:

(2) The final development plan meets with all of the specific requirements set forth in Section 1151.05 and all conditions for approval have been met.

(3) The Building Inspector has issued a zoning certificate with respect to any such building or structure.

(3) Underground electric and water lines shall have been constructed or adequate bond assuring the construction of such utilities shall have been filed with the City and the County.

1151.08 SPECIFIC REQUIREMENTS.

(c) Underground Electrical Wiring System. Plans and specifications must be approved by the Ohio Edison Company or the utility serving this area.

(1) Buffer strips.

(2) Preservation of scenic beauty.

(e) Area and Yard Requirements. In a planned development district the following yard and related requirements shall be observed:

(1) Maximum density of residential development. Three dwelling units per acre based upon the net area of the proposed development.

(2) Lot areas.

B. Villas shall have a minimum sublot size of 13,000 for each dwelling unit. Villas shall be sold as condominiums pursuant to the condominium laws of the State.

(3) Walls and privacy enclosures.

(4) Setback building line. Front yards of detached and attached single-family dwelling units. No building shall be constructed closer than twenty-five feet measured from the edge of street pavement.

(5) Side yards.

B. Villas: Side yard distance between villa dwelling units shall be a minimum of ten feet.

D. Detached single-family cluster dwellings: No buildings shall be constructed closer than 15 feet to another building.

(6) Rear yards. Detached single-family dwellings, attached single-family dwellings, villas: No building or structure shall be erected nearer than twenty-five feet to any rear lot line.

(7) Height of buildings. The maximum height of a detached single-family dwelling, villa dwelling or attached single-family dwelling shall not exceed thirty-five feet in height.

(8) Size of dwelling unit. Each dwelling unit shall have a minimum floor area as shown in the following table:

Dwelling Type		Minimum Living Area (square feet)
Detached single-family one story with basement		1,200
One story without basement		1,500
One and one-half story	1st floor	1,000
	2nd floor	600
Two stories	1st floor	800
	2nd floor	800
Villas		900
Multi-family
One bedroom unit		800
Two bedroom unit		950
Three bedroom unit		1,100

(9) Buffer zones.

A. Minimum distance between different building types shall be not less than one-half the total height of the two building structures.

B. Minimum distance between multi-family dwellings and detached single-family dwellings and villas shall not be less than two times the height of the multi-family dwellings.

(10) Multi-family dwelling units.

B. All measurements of attached single-family dwelling buildings shall be made as a single building.

(11) Cul-de-sac. The starting point for land measurements on a cul-de-sac shall be one-half of the radii of the circle.

(f) Parking Requirements.

(1) The parking of automobiles and other motor vehicles on public streets within the planned development district is prohibited.

(2) All automobile parking lots shall be screened from adjoining streets by the planting of shrubbery or the construction of a decorative fence.

(5) Schedule of off-street parking spaces.

		Use	Number of Spaces for Parking
A.	Residential.
	1.	Detached single-family	2 per unit
	2.	Attached single-family	2 per dwelling
	3.	Villa	2 per dwelling unit
	4.	Detached single-family cluster	2 per dwelling
	5.	Guest parking	1 per 4 dwelling units
B.	Recreational.
	1.	Places of assembly	1 per each 4 seats of seating capacity
	2.	Swimming pool	1 per 100 sq. ft. of area devoted to activity and to spectators
	3.	Tennis courts	4 per court

(8) All parking spaces, including driveways except in detached single-family dwelling areas, and garage floors shall be concrete or asphalt and adequately drained.

(h) Community Center. A community center of sufficient size to accommodate the area of social activity shall be provided in the planned development district.

(Ord. 20-2004. Passed 10-26-04.)

1151.09 PERMITTED USES.

In a planned development district the following uses shall be permitted in the specific area on the general plan as approved pursuant to this Zoning Code and Ohio R.C. 713.12:

(a) Detached single-family dwellings,

(b) Attached single-family dwellings,

(d) Any recreational use, not for profit or private interest.

(Ord. 20-2004. Passed 10-26-04.)

1151.10 CONDITIONAL USES.

(a) Public and parochial schools.

(b) Buildings necessary or incidental to recreational uses.

(Ord. 20-2004. Passed 10-26-04.)

1151.11 AMENDMENTS.

(1) No applicable general requirements are violated by the amendment requested.

(3) All of the yard and related requirements applicable to use which is permitted by the amendment are shown as compiled by the final development plan.

(4) The character of the area of the planned development district as amended is not adversely affected by the proposed amendment.

(5) The applicant establishes that when all circumstances are considered that part of the original plan desired to be amended is impractical or not feasible.

(Ord. 20-2004. Passed 10-26-04.)

1151.12 ADDITIONS.

(Ord. 20-2004. Passed 10-26-04.)

1151.13 SUBDIVISION OF LAND.

1151.14 OWNERS OF STREETS TO PROVIDE PERFORMANCE BOND.

(2) "Roadway." means that portion of a private street, improved, designed or ordinarily used for vehicular traffic except the berm or shoulder.

(Ord. 20-2004. Passed 10-26-04.)

1153.01 NONCONFORMING BUILDINGS, STRUCTURES OR USES.

(a) A nonconforming building, structure or use shall not be extended .

(b) A nonconforming building, structure or use shall not be changed, except in such manner as to bring it into conformity with the provisions of this section.

(d) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared unsafe by any lawful authority or officer.

(1978 Code Sec. 1264.01)

1155.01 PRINCIPLES ESTABLISHED.

The principles established shall be applied in establishing, setting and checking of grades for the construction of buildings in the City in order to:

(a) Eliminate, as much as practically possible, unnatural drainage onto adjoining property.

(b) Reduce the amount of grading;

(d) Utilize natural contours to the extent possible so that land can be drained without excessive grading;

(e) Preserve natural features to maintain interest in each neighborhood and to generate attractive building sites;

(f0 Eliminate the possibility of a nuisance; and

(g) Preserve and maintain good aesthetic values.

(1978 Code Sec. 1274.01)

1155.02 DEFINITIONS.

(a) As used herein, words and phrases shall have their ordinary meaning, unless otherwise defined in the Zoning Code.

(b) “Engineer” means the City Engineer or a professional licensed engineer employed by the City .

(1978 Code Sec. 1274.02)

1155.03 APPLICABLE REGULATIONS AND FEES.

(a) Existing (natural grade) and proposed (finished garde) ground elevations:

(1) Along the property line; and

(2) At the building line; and

(3) Twenty-five feet, plus or minus outside the property line; and

(4) Next to adjacent structures; and

(5) In the roadway ditch, if any; and

(6) In the centerline of the street, and

(7) At any other location necessary to depict the proposed grading; and

(b) Placement of proposed building, showing size, distances to property lines and street right-of-way; and

(d) Designated permanent bench mark; and

(e) Location and elevations of any swales, streams, or natural watercourses traversing or touching the property; and

(f) Location of all utilities; and

(g) Any other information relative to the proposed construction consistent with the objectives herein.

If all of the in formation required herein is already shown on the architectural drawings of the structure, it will not be necessary to submit separate surveys.

Each single-family residence	$ 85.00
Accessory building:
Up to 400 square feet in floor area	25.00
For each additional 100 square feet in floor area	5.00
Commercial and industrial buildings:
For each 100 square feet of floor space	25.00
Minimum fee	75.00
Maximum fee	450.00