(1)   The construction of a new building or structure;

      (2)   The substantial expansion of an existing building or structure;

      (3)   A change in the existing use to be conducted upon land or in a building or structure; and

      (4)   Whenever a building or use is changed in floor area, number of employees, number of dwelling units, seating capacity, or in a manner which otherwise creates a need for an increase in the number of parking or loading spaces, such spaces shall be provided for the entire increased use in conformance with the requirements of this article.

         A.   Such recreational equipment and vehicles shall be stored or parked at least three (3) feet from any dedicated right-of-way, walkway and/or property line.

         B.   Not more than one (1) item of recreational equipment shall be permitted to be stored outside on any property used for a residential purpose. All recreational vehicles must be registered and licensed (if applicable) to the resident of the property on which the items are parked or stored. For the purposes of this chapter, a boat stored on a boat trailer shall be deemed one (1) piece of recreational equipment.

         C.   Under no circumstances shall any recreational vehicle or equipment be occupied or used for living, sleeping, housekeeping, storage or business purposes.

         D.   No such recreational vehicle shall be parked in any manner in which such vehicle may be deemed, in the professional opinion of the Planning and Zoning Administrator, to obstruct the view of traffic in a manner that endangers the safety of motorists or pedestrians.

         A.   The number of off-street parking spaces required for a use listed in the table that is the most similar to the proposed use in terms of anticipated parking demand;

         B.   The floor area of the proposed use;

         C.   The anticipated number of employees and patrons; and

         D.   Any evidence submitted regarding the parking demand for the same use on similar existing sites.

         A.   Shared parking plans must incorporate parking facilities located within five hundred (500) feet of the subject property or subject properties; and

         B.   To the greatest extent practicable, adjacent lots included in a shared parking plan shall be connected for vehicular passage and shall provide safe and efficient pedestrian access to all uses served by the parking facilities.

         A.   The number of parking spaces otherwise required for the land uses that will share the parking facilities designated in the shared parking plan;

         B.   Documentation that the peak parking utilization for the land uses occurs at different days and/or times;

         C.   The demonstrated accessibility of the shared parking facilities; and

         D.   Such other relevant documentation as the applicant(s) may provide to the City in conjunction with a parking reduction application.

         A.   Required unenclosed parking spaces for attached single-family, detached single-family, two-family, and multi-unit dwellings may be provided on paved areas within the front yard required for such structure. Parking shall not be permitted on unpaved areas;

         B.   No part of any parking lot shall be located closer than five (5) feet to a public right-of-way;

         C.   Parking may be located in the required front yard in any industrial district, but not closer than twenty (20) feet to a public right-of-way;

         D.   In any commercial district, parking shall not be located in the area between the frontage and the front setback. The area between the frontage and the front setback shall be improved as a grass and or planting area. Ingress and/or egress through this planting area shall be restricted to a driveway or driveways not to exceed thirty (30) feet in width. Under no circumstances will service roads and or driveways parallel to the right-of-way be permitted, the grass and/or planting area and driveways are to be made a part of the plot-grade-utility plan and are to be approved by the Service Director and City Engineer.

         A.   The closest parking spaces to the main entrance shall be devoted to the required accessible parking spaces; and

         B.   At least one (1) accessible parking space shall be twelve (12) feet wide to accommodate an accessible van or paratransit.

 

 

         A.   Minimum aisle width (feet)

         A.   Every building or lot used for non-residential purposes which customarily receives or distributes materials or services by motor vehicles shall provide sufficient space for all loading and service purposes. A loading space shall be provided as an area exclusive of required parking spaces, driveways, and aisles. Access to loading spaces shall be designed to prevent interference with the public right-of-way.

         B.   At least one (1) loading space shall be provided for every building having a floor area of up to ten thousand (10,000) square feet and one (1) additional loading space shall be provided for each additional ten thousand (10,000) square feet, or major fraction thereof.

         C.   Each loading space shall have minimum dimensions of twelve (12) feet in width, fifteen (15) feet in height and forty-five (45) feet in length for tandem trailers, or thirty (30) feet in length for two-axle trucks.

         A.   All required parking and loading facilities shall be paved with a durable, dust-free surface such as asphalt or concrete.

         B.   Parking facilities shall be designed to direct surface water into an adequate storm drainage system. Drainage of surface water onto adjacent properties, walkways, or public streets is prohibited.

         C.   Paint lines shall be installed and maintained to mark the locations of all parking and loading spaces. Wheel blocks shall be installed for all parking spaces which abut unpaved areas of a lot.

 

(Ord. 33-2020. Passed 3-23-20; Ord. 108-2020. Passed 12-14-20; Ord. 103-2021. Passed 7-26-21.)

 

         A.   Residential signs – Olde Reynoldsburg Commercial District (ORD-C) and Olde Reynoldsburg Neighborhood District (ORD-N). One (1) monument sign per entrance may be located on a lot or lots within a multi-dwelling unit development within the ORD-C or ORD-N. When located in the public right-of-way, all such signs shall be subject to a perpetual maintenance agreement and shall not be internally illuminated.

         B.   Non-residential use or mixed-use signs – ORD-C. The following sign types shall be permitted to be displayed on structures or buildings utilized for non-residential or mixed- use purposes in conformity with the following specific provisions.

         A.   Wall sign. One (1) wall sign may be erected on the wall of a building which most nearly parallels a street, parking lot or service drive, as determined by the Planning and Zoning Administrator. The total permitted area for any wall sign is two (2) square feet per lineal foot of building façade or tenant space, as applicable. Any wall sign located in accordance with this subsection shall be attached parallel to the building wall, mounted on a raceway, or painted directly on a wall, provided no wall sign shall extend outward from the building wall more than twelve (12) inches. Where a building is located on a corner lot, one (1) additional wall sign may be permitted on both walls which parallel the intersecting streets. Wall signs shall be composed of wood or metal frames with a face of wood, metal or polycarbonate materials. Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Wall signs shall be composed of wood or metal frames with a face of wood, metal or polycarbonate materials.

         B.   Projecting sign. One (1) projecting sign constructed of wood or metal, including its mounting structure, may be mounted upon and be perpendicular to the wall of a building at a ninety (90) degree angle. The surface area of each face of such projecting sign shall be a maximum of six (6) square feet. It shall not project more than three (3) feet from the building façade, and shall not use a guy wire or angle iron support structure unless within the plane of the sign. A projecting sign shall be located no less than nine (9) feet above the sidewalk or ground level. Any applicant requesting a permit for a projecting sign which extends over a public right-of-way shall provide for a hold-harmless agreement with the City.

         C.   Roof sign. One (1) roof sign constructed of metal with a maximum surface area of eighty (80) square feet may be located on the roof of a principal structure located in the ORD-C. Such roof sign shall be setback a minimum of five (5) feet from the edge of the roof of the principal structure and may be illuminated with a direct light.

         D.   Awning signs. A maximum of one (1) awning sign may be permitted in accordance with the provisions set forth under this subsection. All new awnings, or changes to awning colors shall be subject to a design and site plan review. Removal and replacement of awning materials that does not involve changes to the awning support structures shall be considered a sign face change. Changes to awning lettering that involve no material or color changes shall not require a zoning sign permit. Awning lettering may not exceed sixteen (16) inches in height.

         E.   Monument sign. One (1) monument sign with a base constructed of brick may be installed in the ORD-C. The monument sign may be a maximum of six (6) feet in height with a maximum surface area of twenty-four (24) square feet. Any monument sign located in accordance with this subsection shall be setback a minimum of ten (10) feet from the front property line or easement line, as applicable.

         A.   Sign lighting. The following types of lighting shall be permitted in RM zones: exterior illuminated and gooseneck lighting. Sign lighting is not permitted in SR zones.

         B.   Changeable copy types. Changeable copy types are not permitted in SR and RM zones.

         C.   Principal sign types. The following sign types shall be permitted in the SR and RM zones in accordance with the following provisions.

         D.   Neighborhood entry sign. One (1) or more permanent ground signs may be located on a lot or lots within a subdivision or multi-family dwelling development. When located in the public right-of-way, all such signs shall be subject to a perpetual maintenance agreement and shall not be internally illuminated.

         E.   Flags. Flags are permitted as a supplemental sign type in SR and RM zones.

         F.   Real estate signs. One (1) freestanding real estate sign per lot frontage is permitted on premises for individual lots or building until such lots are sold or rented in accordance with the following provisions:

            1.   Maximum sign face. Six (6) square feet.

            2.   Maximum height. Five (5) feet.

            3.   Location requirements. At least one (1) foot from street right-of- way and at least five (5) feet from side or rear lot lines.

            4.   Time restrictions. Sold signs shall be removed within five (5) calendar days from closing on the sale of the subject property.

         G.   Temporary signs. Temporary signs are permitted provided that any temporary sign may have a maximum area of two (2) square feet and may be located a maximum of three (3) feet above grade. Any temporary sign located in accordance with these provisions shall be constructed of vinyl with metal supports.

         A.   Wall sign. One (1) wall sign may be erected on the wall of a building which most nearly parallels a street, parking lot or service drive, as determined by the Planning and Zoning Administrator. The total permitted area for any wall sign is two (2) square feet per lineal foot of building façade or tenant space, as applicable. A wall sign shall be attached parallel to the building wall and shall not extend outward from the building wall more than fourteen (14) inches. A sign may be attached to a canopy, marquee or roof that projects beyond a structure provided that no part of such sign extends more than two (2) feet beyond such roof, canopy or marquee. Where a building is located on a corner lot, wall signs may be permitted on both walls which parallel the intersecting streets. Wall signs shall be composed of wood or metal frames with a face of wood, metal or polycarbonate materials.

         B.   Projecting sign. One (1) projecting sign, including its mounting structure, may be mounted upon and be perpendicular to the wall of a building and shall not extend beyond any other dimension of the wall. It shall not project more than four (4) feet from the wall, and shall not use a guy wire or angle iron support structure unless within the plane of the sign. A projected sign shall be located no less than eight (8) feet above the sidewalk or ground level and no closer than six (6) feet to a street’s pavement or curb. Any applicant requesting a permit for a projecting sign which extends over a public right-of-way shall provide for a hold-harmless agreement with the City.

         C.   Awnings. Awnings may be permitted in addition to or in lieu of a wall sign. Where awnings are used as the primary sign identification, the standards for wall signs shall apply. All new awnings, or changes to awning colors in the design review districts shall be subject to a certificate of appropriateness. Removal and replacement of awning materials that does not involve changes to the awning support structures shall be considered a sign face change. Changes to awning lettering that involve no material or color changes shall not require a zoning sign permit. Awning lettering may not exceed twelve (12) inches in height.

         D.   Monument sign. One (1) monument sign with a base constructed of stone or brick may be installed in commercial or mixed-use zones. In the EMD or BMD the base shall be constructed of brick only. The monument sign may be a maximum of six (6) feet in height with a maximum surface area of twenty-four (24) square feet. Any monument sign located in accordance with this subsection shall be setback a minimum of ten (10) feet from the front property line or easement line, as applicable.

         A.   The owner of a sign shall repair, support, clean, repaint, or perform any maintenance service necessary to maintain the reasonable and proper appearance and condition of the sign. Whenever the Planning and Zoning Administrator determines a sign to be in need of repair, support, cleaning, repainting or other maintenance, he/she may issue a notice to the sign owner to complete the needed repairs or maintenance.

         B.   All sign face panels shall be intact and free from cracks. No sign shall be permitted to exist without an intact face panel. Whenever the Planning and Zoning Administrator determines that a sign face is cracked or not intact, he/she may issue a notice to the sign owner to replace the sign face.

         C.   If the Planning and Zoning Administrator determines that the existing condition of the sign creates an immediate hazard to the public health, safety or welfare, he/she shall issue a notice to the owner requiring the sign to be removed immediately.

      (1)   An existing sign that does not meet the requirements of this chapter shall be deemed a nonconforming sign.

      (2)   A nonconforming sign shall exist and be maintained in accordance with the following:

         A.   The size and shape of the sign structure shall not be altered, except that sign face panels may be replaced.

         B.   If damage occurs to a sign to the extent of sixty (60) percent or more of either the structure or its replacement cost at the time of destruction, the sign shall be brought into compliance with the provisions of this Zoning Code.

      (3)   A nonconforming sign shall not be structurally relocated or replaced, unless the new sign is in compliance with this chapter.

      (1)   A sign or sign face shall be considered abandoned when:

         A.   The sign or sign face remains after the discontinuance of a use. A use is considered to be discontinued if it is closed to the public for at least ninety (90) consecutive days.

         B.   The sign or sign face is not maintained in accordance with the provisions of this chapter and the owner of the sign has not complied with notices to maintain the reasonable and proper appearance and condition of the sign.

      (2)   Whenever the Planning and Zoning Administrator determines that a sign has been abandoned as defined in this chapter, the right to maintain and use such a sign shall terminate immediately. Physical removal of a sign may be accomplished pursuant to the nuisance abatement procedures and ordinances of the City.

      (3)   Whenever the Planning and Zoning Administrator determines that a sign face is abandoned as defined in this chapter but the existing sign conforms to the Zoning Code, he/she may issue a notice to the sign owner to remove the abandoned panel and replace it with a blank. This shall not apply to signs maintained on lots that do not have any existing structure.

      (4)   Whenever the Planning and Zoning Administrator determines that a sign face in a multi-tenant sign is abandoned but other panels on the sign are not abandoned, he or she may issue a notice to the sign owner to remove the abandoned panel and replace it with a blank.

      (1)   The electronic signage shall take up no more than one-third (1/3) of the sign area permitted by this chapter.

      (2)   The electronic signage shall consist of a solid background with only one (1) illuminated color per electronic panel.

      (3)   Such signs shall be subject to all other sign regulations of this chapter, and of the applicable zone or district.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

      (1)   It is incidental to and customarily found in connection with the main use or main building permitted in the district;

      (2)   It is subordinate to and serves the main use or building;

      (3)   It is subordinate to the main use or building in ground area, floor area, extent, and purpose;

      (4)   It is located on the same lot as the main building or main use which it serves; and

      (5)   It contributes to the comfort, convenience, or necessity of occupants, business, or industry of the main use or main building served.

      (6)   Except as otherwise provided by this Zoning Code, a use or structure which is interpreted by the Planning and Zoning Administrator or by the Board of Zoning and Building Appeals to be an accessory use or accessory structure may only be established or constructed on a lot having a legally existing main use or main building.

      (7)   Except as otherwise provided in this Zoning Code, an accessory structure:

         A.   Shall not be located closer to any public right-of-way than the main building and shall not be located in the required front yard;

         B.   Shall not be located closer than three (3) feet to any rear lot line and not closer than three (3) feet to any side lot line;

         C.   Shall not be located closer than ten (10) feet to a main building;

         D.   Shall not occupy more than twenty (20) percent of the required rear yard;

         E.   In residential districts, the lot coverage of accessory structures shall not be more than fifty (50) percent of the finished floor area of the main structure;

         F.   In commercial districts, open-sided accessory structures such as pergolas are permitted in the required front or side yard;

         G.   Except for accessory dwelling units, where permitted, shall not contain facilities for dwelling purposes; and

         H.   Shall not exceed fifteen (15) feet in height.

      (8)   For the purposes of this section, a storage building equal to or less than fifty (50) square feet in area, not permanently attached to the ground, is not considered a structure. Only one (1) such storage building may be placed on a lot without a zoning certificate. Any additional buildings shall be considered accessory structures and subject to the provisions of this section. Storage buildings of this type shall be located behind the main structure and shall conform with the minimum lot line setbacks listed in this section.

(Ord. 33-2020. Passed 3-23-20. Ord. 103-2021. Passed 7-26-21.)

      (1)   Improve the aesthetic appearance of setback areas, common open space areas, public rights-of-way and off-street vehicular parking areas;

      (2)   Encourage the preservation of existing trees and natural features;

      (3)   Promote compatibility among different land uses;

      (4)   Promote the use of generally accepted landscape design principles; and

      (5)   Protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening unsightly areas, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety.

      (1)   The present location, size, and description of all existing major trees, with a designation of existing major trees sought to be removed.

      (2)   The location, size and description of landscaping materials proposed to be placed on the lot in order to comply with this section.

      (3)   The location and size of any structures presently on the lot, and those proposed to be placed on the lot.

      (4)   The proposed location and description of screening to be placed on the lot in order to comply with this section.

      (1)   When required by the Planning and Zoning Administrator, a landscape plan shall be approved in accordance with this chapter prior to granting a zoning certificate, a variance, a conditional use permit, a similar use determination, a subdivision plat, or a site plan and design review. A zoning certificate is not required for the addition of pervious surface including grass, mulched groundcover, other planted areas, and/or permeable or pervious pavers or paving that facilitates the infiltration of water into the soil.

      (2)   No landscaped area shall be used for display and/or storage purposes.

      (3)   The species, location and spacing of trees and shrubs planted in all public rights-of-way and on all sites shall be subject to approval by the Planning and Zoning Administrator.

      (4)   No certificate of occupancy shall be granted until all conditions herein have been met; however, in the event landscaping cannot be completed due to weather conditions, or peculiar conditions related to the development of the subject property such as conditions related to phased development, the applicant shall provide financial security, in a form acceptable to the City, in the amount of one hundred twenty-five (125) percent of the cost of materials and installation of all remaining landscaping to be completed and an estimate of such costs in order to be eligible for a certificate of occupancy.

      (5)   When phasing development upon a property, a proportionate share of landscaping acceptable to the City shall be installed and maintained with each phase based on the size of the proposed phase and shall be considered completed for the purposes of these regulations when such proportionate share of landscaping has been installed, unless special circumstances warrant the installation of a greater amount of landscaping with any phase.

      (6)   The developer and/or property owner shall be responsible for the installation and maintenance of all landscaping, buffering, perimeter treatment and screening improvements in a healthy condition. This provision shall also apply to single-family and two-family dwellings.

      (7)   Bare earth shall not be considered landscaping or a landscaped area for the purposes of meeting the landscape requirements herein. Land area shall be considered “covered” if it is used for growing grass, shrubs, trees, plants or flowers, or if covered by decorative rock, stone or wood chips, or otherwise landscaped as provided herein. This provision shall also apply to single-family and two-family dwellings.

      (8)   These landscaping provisions are not intended to require multiple or overlapping setbacks, buffers and perimeter treatments. When more than one (1) such standard applies, that standard which results in the higher landscaping or buffering requirement shall apply. Buffering and perimeter treatments may be located within the required setbacks and may be counted toward required open space except not as usable open space.

      (9)   Utility easements which conflict with required buffer yards, perimeter treatment, parkway or median standards may require an alternative design approach to address such conflicts.

      (1)   The tree or trees will be located within the public right-of-way.

      (2)   The subject property cannot be arranged in a manner to avoid removal of the tree or trees at the same time permitting the desirable and logical development of the lot.

      (3)   The tree/trees are located within the proposed driveway to service a single-family home, and such driveway cannot otherwise be relocated.

      (4)   The tree is damaged or diseased or can be proven to be of poor quality.

      (5)   The tree/trees are an undesirable species in its present location.

      (1)   The following standards shall ensure that landscaping is used to improve the aesthetic quality of a development or site in addition to providing a functional purpose and year-round interest and/or screening.

      (2)   The size of landscape elements and materials shall meet minimum standards and be consistent with the size of the project and any existing streetscape. Minimum plant sizes are as follows.

      (3)   Landscaping in parking areas, driveway entrances and intersections shall be designed to meet the minimum clear sight triangle as defined in the Zoning Code.

      (4)   Monoculture, or the extensive use of a single species of trees, shall be limited in order to minimize the potential for disease or pests to strike a particular species resulting in significant same-species loss. The following limits shall apply.

      (5)   Plant materials used in conformance with the provisions of this section shall conform to the specifications of the American Association of Nurserymen (AAN) for number one grade and shall have all wire and twine removed prior to planting. All trees shall be balled and burlapped or equivalent. Grass sod shall be clean and free of weeds and noxious pests or diseases. Plant materials which are known to be intolerant of the area in which they are proposed to be installed, or whose physical characteristics may be injurious to the public shall not be specified for use.

      (6)   If any trees or other plant materials die or become diseased and must be removed, the property owner shall be responsible for replacing all materials that were removed. In the event that existing preserved trees die or become diseased and must be removed; the replacement shall be based on the tree credits Table 1105.07A. If trees or shrubs are removed for convenience purposes, the property owner shall be responsible for replacing all removed materials elsewhere on the site. If adequate space is not available on the site, the replacement shall occur at a location approved by the City. Upon issuance of a citation, corrective action shall be completed within sixty (60) days unless the Development Director or designee determines that weather constraints require one (1) additional sixty (60) day period. Failure to meet the requirements of this section shall constitute a violation of this Zoning Code and the penalty requirements shall apply.

      (7)   Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines and traffic safety. Trees planted near public sidewalks shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters, pedestrian ways, bike paths and other public improvements. A protective tree grate and vault shall be provided when trees are planted in paved areas such as plazas or sidewalks. This provision shall also apply to single-family and two-family dwellings.

      (8)   When an applicant presents that the placement of all trees and shrubs as required in this section would create an impractical landscape effect, a portion of the trees and shrubs may be located in alternative locations on the same site, subject to approval by the Development Director or designee.

      (9)   In no event shall a landscaped setback be less than six (6) feet in width, nor shall the width of the landscaped setback be inadequate to allow for the installation and healthy growing condition for the required amount of trees or shrubs.

      (10)   In order to promote efficient irrigation and maintenance measures, berms shall not exceed a slope of three to one (3:1) and shall be graded to appear as smooth, rounded, naturalistic forms.

      (11)   To insure that landscape materials do not constitute a driving hazard, a clear “sight triangle” shall be observed at all street and access drive intersections. In the case of a City street intersection, the sight triangle shall consist of the area between points twenty (20) feet along both intersecting streets from their respective edge of pavements. Ground cover, perennials, shrubs and trees shall be permitted within the sight triangle provided that perennials and shrubs do not exceed a maximum height of eighteen (18) inches and tree trunks shall be devoid of limbs to a height of eight (8) feet.

      (1)   Trees planted shall be on the list of approved street trees maintained by the City of Reynoldsburg.

      (2)   The minimum spacing between this and other trees shall be thirty-five (35) feet for large trees (mature height of fifty (50) feet or more), twenty-five (25) feet for medium trees (mature height of between thirty (30) and fifty (50) feet and fifteen (15) feet for small trees (range from ten (10) to thirty (30) feet at maturity).

      (3)   The maximum spacing between trees shall be forty-five (45) feet for large trees, thirty-five (35) feet for medium trees, and twenty-five (25) feet for small trees.

 

 

      (4)   The minimum distance between the tree and the edge of the street shall be two and one-half (2½) feet for a large tree, two (2) feet for medium tree and one and one-half (1½) feet for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two (2) feet for a large tree, two (2) feet for a medium tree and one and one-half (1½) feet for a small tree, as defined in approved street tree list.

 

 

      (5)   Trees shall be located so that a twenty (20)-foot sight triangle is maintained at street intersections.

      (6)   A small tree shall be used when planting under or within ten (10) lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten (10) to twenty (20) lateral feet of overhead utility wires.

      (7)   At the time of platting, the developer shall develop a street tree plan that establishes the species and size of trees to be planted along the streets of the proposed subdivision.

      (8)   The developers shall be required to maintain all trees for a period of one (1) year after any installation and replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. Upon completion of a street tree planting, the landscape contractor shall contact the Department of Development for a preliminary inspection. The one (1)-year guarantee period shall begin after the approval of the Department of Development. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the City’s inspection, shall be promptly replaced at the expense of the developer. Upon replacement, the one (1)-year guarantee period shall recommence for those materials having been replaced.

      (9)   All street trees along any one (1) street shall be of the same species and variety to promote a continuous landscape treatment. A change in variety will only be permitted at intersections and other logical beginning and ending points.

      (10)   The minimum trunk caliper measured one (1) foot above the ground for all street trees shall be no less than two (2) inches.

      (1)   For all new construction or land development for which a building permit and/or a zoning certificate is required, trees shall be provided for within the structure-related property lot lines, equal to or in excess of the following total tree trunk diameters (as measured one (1) foot from the ground level) for the specified building ground coverage square footage or land area square footage, by building and/or land use type, as follows:

         A.   All residences and residential land uses, per dwelling unit, there must be planted one-half (½) inch in trunk diameter for every one three thousand (3,000) square feet of lot size or fraction thereof, with a minimum of two (2) inches of total trunk diameter.

         B.   All commercial structures, including commercial-related parking, loading and trash storage areas, and all industrial, warehouse, and storage uses and their associated parking, loading, and trash storage areas:

            1.   Up to twenty thousand (20,000) square feet: one (1) inch trunk diameter for every two thousand (2,000) square feet or fraction thereof with a minimum of two (2) inches of total trunk diameter.

            2.   Twenty thousand and one (20,001) to fifty thousand (50,000) square feet: a total trunk diameter of ten (10) inches, plus one-half (½) inch of trunk diameter for every two thousand (2,000) square feet over twenty thousand (20,000) square feet or fraction thereof.

            3.   Over fifty thousand (50,000) square feet: a total trunk diameter of twenty (20) inches, plus one (1) inch of trunk diameter for every four thousand (4,000) square feet over fifty thousand (50,000) square feet or fraction thereof.

               a.   All office uses, institutional uses, convalescent and nursing homes and child daycare facilities, including related parking, loading and trash storage areas.

            4.   Up to nineteen thousand five hundred (19,500) square feet: one (1) inch in trunk diameter for every one thousand five hundred (1,500) square feet or fraction thereof, with a minimum of two (2) inches of total trunk diameter.

            5.   Nineteen thousand five hundred and one (19,501) to forty-nine thousand five hundred (49,500) square feet: a total trunk diameter of thirteen (13) inches, plus two (2) inches of trunk diameter for every two thousand (2,000) square feet over nineteen thousand five hundred (19,500) square feet or fraction thereof.

            6.   Forty-nine thousand five hundred and one (49,501) square feet and more: a total trunk diameter of twenty-five (25) inches, plus two (2) inches of trunk diameter for every three thousand (3,000) square feet over forty-nine thousand five hundred (49,500) square feet or fraction thereof.

      (2)   Existing healthy trees and shrubs shall be preserved and incorporated into the overall site and landscape design to the maximum extent practical as determined by the City. Existing trees may be credited toward minimum tree planting requirements as follows:

         A.   Existing trees, which are preserved, may be credited toward the tree planting requirements of this section according to Table 1105.05A - Credit for Existing Trees. Tree credits shall be given as long as all other provisions and the intent of this Zoning Code are met. Fractional caliper measurements shall be attributed to the next lowest category.

         B.   No credit shall be given for existing preserved trees that are:

            1.   Not located on the actual development site;

            2.   Not properly protected from damage during the construction process;

            3.   Prohibited species under the caliper size of thirteen (13) inches measured at four and one-half (4½) feet above the ground; or

            4.   Dead, dying, diseased, or infested with harmful insects.

      (3)   In order to apply for credit, existing trees must be protected during construction. All existing trees shall be protected by the placement of an orange construction fence around the perimeter of the tree/trees. In order to protect the root system of the existing trees, said fence shall be installed at a minimum radius from the trunk. The minimum shall be one (1) foot of radius per one (1) inch of caliper of the tree. (ex. On a six (6) inches diameter tree, the fence shall be placed a minimum of six (6) feet from the trunk of the tree.)

      (4)   No new tree plantings shall be required if existing trees to remain on the site after development, and the aggregate trunk sizes of such trees, meet or exceed the requirements as set forth above.

      (5)   Any combination of existing and new trees may be used to meet the requirements of this section.

         A.   Any residential zone adjoining the EMD, BMD, or ORD-C; required buffer zone is ten (10) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty (40) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound, or combination thereof.

         B.   Any residential zone adjoining the CC required buffer zone is fifteen (15) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty (40) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.

         C.   Any residential use adjoining a property located in a residential zone operating with a conditional use; required buffer zone is fifteen (15) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty (40) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.

         D.   Any residential zone or any residential use in any zoning classification adjoining an Innovation (I) District required buffer zone is twenty (20) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each twenty (20) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.

         E.   Any zone adjoining a freeway or arterial street prohibiting driveways; required buffer zone is twenty (20) feet for residential zones and fifteen (15) feet for all other zones adjacent to a freeway or arterial and shall include one (1) tree for each thirty (30) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.

         F.   Any zone (except Innovation) adjoining a railroad; required buffer zone is twenty (20) feet for residential zones and fifteen (15) feet for all other zones adjacent to railroad boundaries and shall include one (1) tree for each thirty (30) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.

      (1)   Parking lots containing more than six thousand (6,000) square feet of area or twenty (20) or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil that contains a minimum of six (6) inches of top soil mix, as well as perimeter landscaping.

 

      (2)   For every ten (10) parking spaces or fraction thereof, the applicant shall provide not less than two hundred (200) square feet of interior landscaped parking lot areas containing at least one (1) tree with a minimum diameter of two (2) inches and four (4) shrubs.

      (3)   The minimum landscape area permitted shall be two hundred (200) square feet with a minimum planting width of ten (10) feet.

      (4)   In order to encourage the required landscape areas to be properly dispersed, and to break up large expanses of parking, no individual landscape area shall be larger than five hundred (500) square feet in size in vehicular use areas less than thirty thousand (30,000) square feet and no individual landscape area shall be larger than two thousand (2,000) square feet in vehicular use areas over thirty thousand (30,000) square feet. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.

      (5)   All parking lots shall provide perimeter landscaping. Parking lots shall have perimeter landscaping of a minimum width of ten (10) feet exclusive of vehicle overhang. The perimeter landscaping shall consist of a continuous evergreen hedge, evergreen trees, earthen mound or a combination thereof as required to provide a continuous opaque screen, a minimum of thirty-six (36) inches in height, within one (1) year of installation. The perimeter landscape shall also contain a minimum of one (1) deciduous tree per fifty (50) linear feet of parking perimeter.

 

      (6)   Parked vehicles may hang over the interior landscaped area no more than two and one-half (2½) feet. Concrete or other wheel stops shall be provided to ensure no greater overhang on the landscaped area. Where parked vehicles will overhang, a four (4)-foot minimum spacing shall be provided from the edge of pavement to all trees.

      (7)   Grass or ground cover shall be planted on all portions of the required landscaping area not occupied by other landscape material. Such material fulfills required interior or perimeter landscaping.

      (2)   Mechanical equipment and service functions associated with a building shall, to the maximum extent feasible, be incorporated into the overall design theme of the building and the landscape so that these functions are out of view from public ways and adjacent properties while allowing convenient access.

      (3)   Plant material required for screening of service structures shall not count towards the fulfillment of other landscape requirements in this section. No interior landscaping shall be required within an area screened for service structures.

      (5)   Service structures shall be grouped together whenever possible.

      (6)   The provisions of this section shall not apply to service structures located on lots with single-family and two-family dwellings, except that any generator located within six (6) feet of any lot line shall be screened in accordance with this section.

         A.   Environmentally significant areas shall be required to have a preservation zone(s). (The natural resources maps A and B in the Reynoldsburg Planning Guide are guides in determining the environmentally significant areas. These maps shall be a guide in determining areas that shall be required to have preservation zones.)

         B.   However, this shall not preclude the Planning and Zoning Administrator or the Planning Commission from recommending and/or approving preservation zones in other areas that are considered to be environmentally significant. In determining preservation zones, the Planning and Zoning Administrator or the Planning Commission determines that the area needs to be protected from development and which could serve as a buffer between different or same uses.

         A.   The Planning Commission shall have the authority to approve a preservation zone for a subdivision and/or a planned district. This approval shall occur during the preliminary plat stage and shall follow the procedures set out in Chapter 1111. The Planning and Zoning Administrator may recommend to the Planning Commission the location of a preservation zone.

         B.   Preservation zones shall become part of the final plat or final development plan for subdivisions by the Planning Commission and approved by Council. Preservation zones shall become part of the site plan that is part of the certificate of appropriateness approval.

         A.   Before any activity, clearing, and/or construction begins, the entire preservation zone shall be enclosed with at least three (3) foot high orange construction fencing to prevent any access to the area. Such fencing shall protect the root systems of vegetation within the preservation zone. The fencing can only be taken down for an individual lot when an occupancy permit has been issued for the structure on the concerned lot. The fencing shall remain on the undeveloped lots until occupancy permits are granted for each lot.

         B.   Said preservation zone shall not be disturbed any time before, during, or after said construction except for necessary access as approved by the Planning and Zoning Administrator.

         C.   No permanent or temporary structure, building, or fence shall ever be placed upon, in, or under said preservation zone.

         D.   Utilities and roadways in preservation zones may only be installed consistent with an Environmental Plan and/or Mitigation Plan.

         E.   No development, clearing, thinning, construction, or work shall be performed in the preservation zone except for necessary construction as deemed necessary by the Planning and Zoning Administrator. If a preservation zone is disturbed at any time (including but not limited to utility construction and/or easement, building or grading construction) by the developer, contractor, subcontractor, house builder, property owner, or a representative, such disturbances that occur shall be restored to an approved condition. Diseased trees and/or diseased vegetation may be removed with the approval of the Planning and Zoning Administrator. Obnoxious weeds and/or brush of less than one (1) inch caliper may be removed without destroying the integrity of the preservation zone.

         F.   No dirt, stones, wood, or debris shall be placed within the preservation zone.

         G.   Trees located in a preservation zone that have been pushed over, cut apart, blown over, or fallen due to aging and/or deterioration are the property owner’s responsibility to remove from the preservation zone.

         H.   A utility company servicing and/or installing utilities in the designated preservation zone shall also be subject to these restrictions.

         I.   These restrictions shall be printed on the final plat, the final development plan, and/or site plan.

         J.   Drainage shall not be changed in a manner that will damage the preservation zone.

         K.   The developer shall notify each property purchaser in the concerned subdivision and/or the development of the preservation zone requirements. Such notification shall be in writing and shall be submitted to the property purchaser at the time of closing.

         L.   The developer shall notify all contractors, utility companies, and/or cable companies doing work in the concerned subdivision of the preservation zone requirements.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

      (1)   The average horizontal illumination level on the ground shall not exceed three (3) footcandles. The light level along a property line adjacent to a residentially-zoned or used property shall not exceed an average intensity of one-half (½) footcandle.

      (2)   The height of parking lot lighting shall not exceed twenty (20) feet above grade and shall direct light downward, i.e. cut-off type fixtures. In conjunction with a major site plan review, the Planning Commission may require a lower standard based upon specific characteristics of the site.

      (3)   The color of parking lot lighting poles and other lighting infrastructure shall match or complement the colors of the building’s architecture, as approved by the Planning Commission.

      (4)   For pedestrian areas, decorative low light fixtures shall be used and the height of the fixture shall not exceed fourteen (14) feet above grade.

      (5)   Exterior building illumination shall be from concealed sources. Strobe or flashing lights and exposed neon lights are not permitted. Lighting fixtures shall not generate excessive light levels, cause glare, or direct light beyond the facades onto neighboring property, streets, or the night sky. The maximum illumination of any vertical surface or angular roof surface shall not exceed four (4) footcandles.

      (6)   Security lighting shall be full, cut-off type fixtures, shielded and aimed so that illumination is directed to the designated areas with the lowest possible illumination level to effectively allow surveillance.

      (7)   Lighting fixtures used to illuminate the area below a freestanding canopy shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy. However, indirect lighting may be used where a shielded source of light is beamed upward and then reflected down from the underside of the canopy.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

 

         A.   Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.

         B.   Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.

         C.   Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.

 

         D.   Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than six (6) feet.

         E.   Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.

         F.   Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.

         G.   Fence materials. Fences in residential districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.

         A.   Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.

         B.   Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.

         C.   Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.

         D.   Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than six (6) feet.

         E.   Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.

         F.   Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.

         G.   Fence materials. Fences in residential districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, stone and chain-link (rear yard only). All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.

         A.   Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.

         B.   Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.

         C.   Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.

         D.   Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than eight (8) feet.

         E.   Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.

         F.   Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.

         G.   Fence materials. Fences in mixed-use districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.

         A.   Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.

         B.   Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.

         C.   Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.

         D.   Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than ten (10) feet.

         E.   Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.

         F.   Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.

         G.   Fence materials. Fences in the Innovation Zone shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same. Metal, non-chain-link, fences are permitted in the Innovation Zone.

         H.   Barb-wire fences—Innovation Zone. Fences containing barbs may be erected as rear fences to secure properties in the Innovation Zone. The Planning and Zoning Administrator shall only grant a fence permit for a fence of this type after determining that the nature and location of the fence is not a danger to the public or intended to injure persons engaged in lawful activity.

         A.   Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.

         B.   Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than five (5) feet.

         C.   Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.

         D.   Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than ten (10) feet.

         E.   Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.

         F.   Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of fifty (50) percent.

         G.   Fence materials. Fences in the Open Space/Schools Zone shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.

      (1)   As required due to an unsafe building, right-of-way or utility maintenance emergency.

      (2)   A construction fence in conjunction with a site that has active building permits.

      (3)   In conjunction with an approved temporary special land use permit or any special event approved through the Parks and Recreation Department. Temporary fences of this nature may only be maintained for the length of the approved permit or through the duration of the special event.

      (4)   Temporary horticultural fences are permitted as temporary fences within the area designated for rear fences. Temporary horticultural fences shall be of an open design, shall not exceed four (4) feet in height, and not enclose an area larger than five hundred (500) square feet.

      (5)   Temporary fences may be constructed of materials or in a manner not consistent with the provisions of this chapter, but shall not be constructed in a manner designed to cause a hazard to public safety.

      (6)   In the event a temporary fence exists for a period of thirty (30) days or more, and the Planning and Zoning Administrator determines that it is a hazard to public safety, the Planning and Zoning Administrator may require a fence permit or that the fence comply with any provision of this chapter.

      (1)   All fences, unless specifically exempt by this chapter, shall require a fence permit from the Planning and Zoning Administrator. No fence shall be erected, constructed, altered, relocated or rebuilt prior to obtaining a fence permit. An existing fence that requires new vertical posts to be set shall be considered an altered fence, and subject to a new permit. For the purposes of this chapter, a fence permit shall have the same effect as a zoning certificate in proving conformance with the Zoning Code.

      (2)   Fences shall only be constructed in conformance with the provisions of this chapter and of the fence permit issued by the Planning and Zoning Administrator.

      (3)   No fence shall be installed in a manner or location which obstructs or alters the drainage of the lot on which it is located or of any abutting lot. All fences that are constructed abutting or across drainage easements shall be subject to the following additional regulations:

         A.   Shadow box fences and fences of an open design, which is defined as at least fifty (50) percent open will be the preferred fence styles. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.

         B.   Privacy fences shall provide a gap between the vertical boards and the ground of no less than two (2) inches.

      (4)   Fences may be inspected for compliance with the provisions of this Zoning Code. If any fence is installed, erected, constructed or maintained in violation of any of the provisions of this chapter, the Planning and Zoning Administrator may notify the owner or lessee of the fence in question to repair or replace the fence so as to comply with this chapter or to remove it.

      (5)   No fence shall be constructed of materials such as highway guardrails, corrugated metal, metal wire or plastic mesh, or other such materials that are not designed for use as fencing material or are not sufficiently weather resistant and durable.

      (6)   No fence shall be constructed which is electrically charged, includes any material which is potentially hazardous such as spikes or barbed wire, or is otherwise designed to injure except as provided for in this chapter.

      (7)   Chain-link fences may not be utilized as a means of support for wooden privacy fences.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

         A.   The shape, location, and dimensions of the lot, including the shape, size, location, and use of all buildings or other structures already on the lot, and the off-street parking layout.

         B.   The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands or display racks.

         C.   The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking space, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.

         A.   A temporary special use permit for a tent or sidewalk sale shall be effective for no longer than seven (7) days. No more than three (3) temporary special land use permits for tent sales or sidewalk sales shall be issued for a given location within a single calendar year. Temporary special use permits for tent sales or sidewalk sales shall not be issued for any given location for consecutive time periods except in the Olde Reynoldsburg Commercial District, the Brice and East Main Street District, and the East Main Street District.

         B.   A temporary special land use permit for the sale of Christmas trees shall be effective for no longer than thirty (30) days. No more than one (1) temporary special land use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.

         C.   A temporary special use permit for seasonal sales of produce, plants, or firewood shall be effective for a period no longer than ninety (90) days. No more than one (1) temporary special land use permit for seasonal sales of produce, plants, or firewood shall be issued for any given location within a single calendar year.

         D.   The Planning and Zoning Administrator or the Board of Zoning and Building Appeals shall have the power to vary these periods and add other conditions to an approved permit as deemed necessary by the Planning and Zoning Administrator or the Board in order to further the goals and principles of the Zoning Code.

         A.   Provide adequate light and ventilation between buildings and structures.

         B.   Provide adequate automobile and pedestrian traffic flow.

         C.   Provide adequate off-street parking.

         D.   Will meet the intent of the Zoning Code or otherwise not interfere with the protection of public health, safety, and general welfare.

         E.   Not be incompatible with, or otherwise adversely affect, the physical character of the community and, in particular, the surrounding area within a distance of one thousand (1,000) feet.

         F.   No temporary special use shall be permitted if it reduces the parking on a lot by greater than twenty-five (25) percent.

         A.   The special event or festival takes place entirely on the lot or parcel associated with the existing approved semi-public use.

         B.   The special event or festival is no longer than three (3) consecutive days and that there are no more than two (2) such events or festivals at a given location within a calendar year.

         A.   Use. The pool shall be intended and used solely for the enjoyment of the occupants of the main use of the lot on which it is located.

         B.   The pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer than ten (10) feet to any lot line and shall not be closer to any frontage than a distance ten (10) feet greater than the setback required for a principal building.

         C.   The area of the swimming pool, exclusive of decks, walks, and other appurtenances, shall not exceed ten (10) percent of the area of the lot.

         D.   No lights, diving board, or other equipment or accessory shall project more than ten (10) feet above the average finished grade of the pool site.

         E.   A swimming pool shall be installed or constructed subsequent to and in conformance with the regulations of the Building Code and a permit issued by the Building Inspector. The Building Inspector shall not issue any permit for a swimming pool until he has submitted the application for a swimming pool to the Zoning Officer who shall determine compliance with the Zoning Code and issue a zoning certificate.

         A.   A community or club swimming pool shall be intended and used solely for the enjoyment of the members, their families and guests, and guests of the association or club under whose ownership or jurisdiction the pool is operated.

         B.   A community or club swimming pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred (100) feet to any lot line.

         C.   A community or club swimming pool and all of the area used by the bathers, including all adjacent deck areas, shall be so walled or fenced as to prevent uncontrolled access by children.

         A.   Water depth shall not exceed twenty-four (24) inches unless enclosed by a fence forty-eight (48) inches in height with a locking gate.

         B.   Water surface area shall not exceed one hundred (100) square feet.

      (1)   Outdoor storage shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty (50) feet to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten (10) feet of any road right-of-way. Such activities shall not occupy any required parking area or driveway;

      (2)   Any outdoor storage area located closer than one hundred (100) feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan;

      (3)   Illumination of outdoor storage areas shall be designed to prevent glare or direct light from the illumination source into residential areas;

      (4)   Outdoor displays shall be maintained in a neat and orderly fashion. Waste material shall be contained within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Board. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan;

      (5)   The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise or materials to be stored, and, if applicable, any seasonal changes of merchandise or materials;

      (6)   Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Planning and Zoning Administrator or the Board of Building and Zoning Appeals.

      (1)   All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by the Board in conformance with the supplementary regulations for outdoor sales, storage, or display;

      (2)   Loading and unloading areas shall be paved and shall be located only as approved by the Board;

      (3)   A minimum of five (5) parking spaces shall be provided near the leasing office. Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of the trucks, vans, trailers, and automobiles of persons using the units;

      (4)   An on-site leasing office shall be provided;

      (5)   Fencing of the perimeter shall be provided as determined by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals in a manner which promotes security and presents an appropriate appearance to abutting properties;

      (6)   A landscaped yard of at least twenty-five (25) feet in width shall be provided along any lot line of the subject site which abuts a residential area. This area shall not be covered by buildings, parking or drives;

      (7)   Door openings facing residential areas shall not be permitted unless approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals;

      (8)   Activities on the site shall be limited to the storage of property only. Other activities, such as the operation of tools, rummage sales, temporary residency, shall be prohibited unless specifically permitted by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals;

      (9)   Hours of operation shall only be as approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.

      (1)   A minimum of twenty (20) percent of the floor area of any structure proposed to be used as an indoor storage facility shall be used for other uses permitted within the respective zoning district, unless otherwise specifically approved by the Board on the approved site plan.

      (2)   All storage shall take place within an enclosed individual storage unit that is rented or leased on an individual basis. Storage shall be prohibited outside of the structure or within designated aisle areas with exception of vehicle and recreational vehicle storage areas clearly shown on the plan.

      (3)   A rental or leasing office shall be required to be located on-site.

      (4)   No more than one (1) external garage-door entrance shall be provided for each twenty (20) storage units within the structure.

      (5)   A landscaped yard of at least twenty-five (25) feet in width shall be provided along any lot line of the subject site which abuts a residentially zoned property. A reduction of this buffer may be approved by the Board if alternate means of screening are provided and specifically approved on the site plan.

      (6)   Caretaker/residential units are prohibited.

      (7)   One (1) parking space shall be located on the site for each seventy-five (75) storage units, in addition to other required parking for all other uses on the site.

      (1)   No zoning permit or conditional use permit for a childcare center shall be issued for a lot that is within one hundred fifty (150) feet of any lot or parcel with an approved gasoline station use, or which is likely to generate noxious fumes or vapor.

      (2)   All outdoor play areas shall meet the minimum requirements outlined by the state agency with oversight of childcare centers. No play area shall be located adjacent to a loading space, loading dock or other area where vehicles are likely to idle. No play area shall be constructed in a manner that allows children access to any electrical or telecommunications box/vault.

      (3)   No childcare center shall be permitted to operate between the hours of 7:00 p.m. and 6:00 a.m. the following morning unless specifically approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals.

      (1)   No person who is not a permanent resident of the dwelling shall be employed in the home occupation;

      (2)   The home occupation shall be clearly incidental and subordinate to the dwelling use. No more than fifteen (15) percent of the floor area of all buildings on the lot shall be used in the conduct of the home occupation;

      (3)   There shall be no change in the outside appearance of the dwelling or lot, or other visible evidence of the conduct of the home occupation. No sign is permitted.

      (4)   The home occupation shall not generate traffic in greater volumes than would normally be expected in a residential neighborhood.

      (5)   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.

      (6)   Prior to establishing a home occupation, the owner or occupant of the dwelling shall apply and receive approval for a zoning certificate from the Planning and Zoning Administrator.

      (1)   Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved on the site plan. Parking and storage of vehicles not related to the principal use of the site shall not be permitted.

      (2)   Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved.

      (3)   Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of goods shall not be permitted on the site unless specifically approved in the conditional use permit and in conformance with the supplementary standards for outdoor display, storage, and sale.

      (4)   Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals. Such screening shall be set back from residential districts at least ten (10) feet and landscaped according to the approved site plan.

      (5)   Fuel pumps and canopies shall conform to all requirements of this chapter with regard to height, setbacks, and signs.

      (6)   Air compressor pumps (e.g., for tire inflation) and other outdoor equipment shall be identified on the site plan and shall be located in a manner which minimizes noise impacts on residential areas.

      (7)   Curb cuts shall be limited to two (2) per site. On corner lots, curb cuts shall be limited to one (1) per street.

      (1)   Loudspeakers shall be located and designed, with volume and hours of operation controlled, in a manner to minimize noise impacts on nearby residential uses.

      (2)   Lanes required for vehicle access to and waiting for use of a drive-thru facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one (1) time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting streets and hazards to pedestrians. The Planning and Zoning Administrator or Board of Zoning and Building Appeals, as applicable, may require a traffic study which documents the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Code.

      (3)   The Planning and Zoning Administrator or Board of Zoning and Building Appeals, as applicable, may impose restrictions on the hours of operation in order to reduce inappropriate impacts on abutting uses and on street traffic and to ensure compatibility with normal vehicular activity in the district.

      (4)   The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.

         A.   Roof line. A roof-mounted solar panel or solar panel array shall not be located so that it extends beyond the roof line in any direction including above and beyond the roof peak.

         B.   Roof height projection. When located on a flat roof, solar panels or solar panel arrays shall not project vertically more than ten (10) feet from the surface of the flat roof. For purpose of this subsection, “flat roof ” shall mean any roof that is less than seventeen (17) degrees or 2/12 pitch.

         C.   Glare. Roof mounted solar panels or solar panel arrays shall not be positioned so as to create glare on to adjacent roads, buildings, lots, or rights-of-way.

         A.   Location. Freestanding solar panels or solar panel arrays shall not be located in front of any principal building and shall not project past the width of the principal building.

         B.   Height. The maximum height for any freestanding solar panel or solar panel array shall be the maximum height of an accessory structure in the base zoning district in which the solar panel or solar panel array is located.

         C.   Glare. Freestanding solar panels or freestanding solar panel arrays shall be located so as not to create glare onto adjacent roads, buildings, lots, or rights-of-way.

         D.   Lot coverage. The maximum lot coverage for any freestanding solar panel or freestanding solar panel array shall be ten (10) percent of the total lot area with the lot coverage being determined based upon the area of the face of the solar panels.

         E.   Screening. All freestanding solar panels or freestanding solar panels with a ground storage battery shall secure such battery with a secure cover.

         F.   Wind resistance. All freestanding solar panels and freestanding solar panel arrays shall be able to withstand velocities of no less than one hundred ten (110) miles per hour.

         A.   The location of the panels or panel array;

         B.   The height of the panels or panel array;

         C.   For roof mounted panels and panel arrays, an overhead view of the roof identifying all vents, chimneys, or other appurtenances, including vertical objects (e.g. trees), that may affect the location of panels;

         D.   For freestanding panels and panel arrays, a calculation of the lot coverage of the panels or panel array;

         E.   An indication of whether any freestanding panel or panel array has a ground storage battery, and, if so, how such battery will be secured;

         F.   The manufacturer cut sheet for the model to be installed; and

         G.   Such other information as the Planning and Zoning Administrator may determined to be necessary to evaluate compliance with this section and with the Zoning Code.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   In recognition of the quasi-public nature of cellular and/or wireless telecommunication systems, it is the purpose of these regulations to: accommodate the need for cellular or wireless telecommunications towers and facilities for the provision of personal wireless/cellular services while regulating their location and number in the City; minimize adverse visual effects of telecommunication towers and support structures through proper siting, design, and screening; to minimize the adverse impacts that telecommunication facilities may have on the health, safety and welfare of the public; to avoid potential damage to adjacent properties from telecommunication tower and support failure; and to encourage the joint use of any new and existing telecommunication towers and support structures to minimize the number of such structures. The following requirements shall apply to conditional use permits for wireless telecommunication facilities.

      (1)   The total area of the lot;

      (2)   The existing zoning of the site and all adjoining lots;

      (3)   All public and private right-of-way and easements located on the lot;

      (4)   The location of all existing buildings and structures on the lot; all buildings or structures and uses within five hundred (500) feet of the tower site; and the proposed location of the wireless/cellular communication tower and all wireless/cellular communication support structures including dimensions, heights, and, where applicable, the gross floor areas;

      (5)   The location and dimensions for all curb cuts, driving lanes, off-street parking spaces, grades, surfacing materials, drainage plans, illumination of the facility, and landscaping;

      (6)   The location of all proposed fences, screening and walls;

      (7)   Any other information as may be required by the Board.

      (8)   A report prepared by a licensed professional engineer documenting the height, design, proof of compliance with nationally accepted structural standards, and a description of the tower’s capacity, which shall include the number and types of antennae it can accommodate.

      (9)   For the purpose of demonstrating the necessity for the erection of any new telecommunication tower, any applicant requesting permission to install a new tower shall provide evidence of written communication with all other wireless/cellular service providers who supply service within a one (1) mile radius of the proposed facility requesting use of the other providers’ towers for collocation of the applicant’s antennae. The contacted provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant’s letter(s) as well as the responses received shall be presented to the Board to demonstrate the need for a new tower.

      (10)   The applicant shall also provide evidence of written communication with owners of nearby tall structures within a one (1) mile radius of the proposed tower site, asking permission to install the wireless/cellular antennae on those structures. Tall structures shall include, but not be limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, other communication towers, and roadway light poles.

      (11)   The facility owner/operator shall present a maintenance plan demonstrating responsibility for the site.

      (12)   The applicant shall provide a copy of a permanent easement or appropriate leasehold estate providing for access to the tower site. The access to the tower sight must be maintained regardless of other development that may take place on the site.

      (13)   The communication company must demonstrate proof to the City that the company is licensed by the Federal Communications Commission (FCC).

   (c)   The following additional regulations shall apply to wireless telecommunications facilities:

      (1)   Wireless or cellular telecommunication sites shall be located at least two hundred fifty (250) feet from any residential zoning district.

      (2)   The setback between the base of the tower or any guy wire anchors and any property line shall be located a distance which is at least forty (40) percent of the tower’s height or fifty (50) feet, whichever is greater.

      (3)   The maximum height of a telecommunication tower shall be two hundred (200) feet. The maximum height of the equipment building shall be thirty-five (35) feet.

      (4)   Maximum size of an equipment building shall be seven hundred fifty (750) square feet.

      (5)   The minimum lot size and area restriction shall be the same as permitted for any other use in the Innovation Zone.

      (6)   A security fence eight (8) feet in height with barbed wire around the top shall completely surround the tower, the equipment building and any guy wires.

      (7)   Towers and antennae shall be designed to withstand wind gusts of at least one hundred (100) miles per hour.

      (8)   The tower shall be painted in a non-contrasting gray or similar color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

      (9)   No graphics advertising is permitted anywhere on the facility.

      (10)   Buffer planting shall be located around the perimeter of the security fence as follows: An evergreen screen shall be planted that consists of either a hedge or evergreen trees that shall provide a minimum of seventy-five (75) percent opacity year round.

      (11)   The tower shall not be artificially lighted except to assure safety or as required by the FAA.

      (12)   Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.

      (13)   The owner/operator of any telecommunications facility shall design such facility so that additional service providers may add their antennae, platforms, and associated hardware to the structure at a later date. The owner/operator shall negotiate in good faith with other providers for the collocation of other service providers’ antennae at the facility, shall cooperate with the City in identifying other wireless/cellular service providers for the purpose of negotiating sublease agreements for collocation of other service providers’ antennae at the facility, and shall not interfere or hinder service providers from utilizing the facility.

      (14)   Where possible, an antenna or tower for use by a wireless/cellular service providers shall be attached to an existing structure or building. A new wireless communication facility shall not be erected if there is a technically suitable space for wireless communication facility available on an existing wireless communication tower or other suitable structure within the applicant’s search area. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing structure or that bona fide efforts to negotiate location on structures have been rejected.

      (15)   Any owner of a tower whose use will be discontinued shall submit a written report to the Planning and Zoning Administrator indicating the date on which such use shall cease. If at any time the use of the facility is discontinued for one hundred eighty (180) days (excluding any dormancy period between construction and the initial use of the facility), the Board may declare the facility abandoned. The tower owner and the owner of the property upon which the tower is located shall receive written instruction from the Board to either reactive the use within one hundred eighty (180) days or dismantle and remove the facility.

      (16)   If reactivation does not occur within said period, the City may thereafter proceed to move the facility and assess the costs of removal to the owner, as well as certify those costs to the County Auditor as a lien against the property.

      (17)   In addition to the foregoing requirements, the following standards, items A. through D., shall apply to wireless or cellular telecommunications facilities permitted on a property with an existing use:

         A.   The existing use on the property may be any permitted use or lawful nonconforming use in the Innovation Zone, and said use need not be affiliated with the wireless/cellular telecommunication provider.

         B.   The telecommunication facility shall be fully automated and unattended on a daily basis.

         C.   The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

         D.   Subsequent to approval of a conditional use permit for a telecommunication tower, the owner shall submit building permit applications to the City for any additional antennae proposed to be placed on the tower. A new zoning certificate will not be required, unless the Planning and Zoning Administrator determines that such additions do not conform with the approved conditional use permit.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   In the SR, RM, and ORD-N, a structure may be converted to accommodate an increased number of dwelling units, provided that the proposed dwellings and lot conform with all requirements for new dwellings in the district, including the permitted number of dwellings, all yard and lot dimensions, floor area for each dwelling, and required parking spaces.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)