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Richfield City Zoning Code

TITLE SEVEN

Zoning Regulations Applied to All Districts

1163.01 PURPOSE.

   The purpose of the Signs Chapter is to promote the public health, safety and welfare through the provision of standards for existing and proposed signs of all types. More specifically, this Section is intended to:
   (a)   Enhance and protect the physical appearance of the community.
   (b)   Promote and maintain visually attractive residential, retail, commercial and industrial districts.
   (c)   Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain safe and orderly pedestrian and vehicular environments.
   (d)   Provide review procedures that enable the Village to evaluate the appropriateness of a sign to the site, building and surroundings.
      (Ord. 25-2011. Passed 9-20-11.)

1163.03 DEFINITIONS.

   (See pictorial examples in the Appendix)
   (a)   Signs shall mean any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, models, banners, flags pennants, insignia, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, or advertisement. For the purpose of this Zoning Code, the word "sign" does not include flag, pennant, badge, or insignia of any government or governmental agency.
   (b)   Animated Sign shall mean any sign that uses flashing lights or movement of the sign or some element thereof, to depict action or create a special effect or scene.
   (c)   Awning or Canopy Sign shall mean any sign that is painted on, printed on, or attached to, an awning, canopy, or other fabric, plastic, or structural protective cover.
   (d)   Back Lighted Letter shall mean an illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter; also referred to as a silhouette or halo-lighted.
   (e)   Banner Sign shall mean a sign made of lightweight fabric or similar material with no enclosing framework that is secured to a building or other structure at one or more edges.
   (f)   Billboard Sign (synonymous with off-site advertising) shall mean a sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the same lot.
   (g)   Building Sign shall mean any sign attached parallel to any part of a building and including wall signs, awning or canopy signs and window signs.
   (h)   Cabinet Sign shall mean a sign structure consisting of the frame and face(s) not including the internal components, embellishments, or support structure.
   (i)   Changeable Copy Sign shall mean a portion of a sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified manually or by electronic or mechanical devices from time to time as situations change, such as bulletin board or announcement board.
   (j)   Channel Letter shall mean a fabricated or formed three-dimensional letter that may accommodate light source.
   (k)   Electronic Message Center shall mean a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy.
   (l)   Entrance or Exit Sign shall mean a sign located at the driveway entrance or exit and intended to provide for safe ingress and egress.
   (m)   Exterior Illuminated Sign shall mean a sign that is illuminated by a light source that is directed towards and shines on the face of a sign; also called direct illumination.
   (n)   Flag Sign shall mean a piece of flexible material having a distinctive size, color, and design, used as a symbol, standard, signal, or emblem.
   (o)   Ground or Monument Sign shall mean a sign supported from the ground and not attached to any building.
   (p)   Halo Lighted see definition of backlighted letter (d).
   (q)   Illuminated Sign shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
   (r)   Instructional Sign shall mean a sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers, or users as to matters of public safety or necessity such as specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization, or private industry that is intended to control traffic; direct, identify or inform the public; or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.
   (s)   Internally Illuminated Sign is sign illuminated internally through its sign face by a light source contained inside the sign.
   (t)   Marquee Sign shall mean a sign attached to a structure, other than an awning or canopy sign, projecting from a wall of a building above an entrance and extending over a street, sidewalk, or part thereof.
   (u)   Mobile Sign shall mean a sign that is on wheels, runners, casters, or has a frame to which wheels, runners, or casters may be affixed, parked trailers, parked vehicles, or other mobile devices, including tethered and/or anchored balloons.
   (v)   Non-Commercial Message Sign shall mean a sign which: (i) does not advertise a product, good, business, or services; (ii) expresses one or more multiple messages on one or more issues: (iii) promotes any candidate, party, issue, levy, referendum, or other matter eligible to be voted upon in any general, primary or special election.
   (w)   Pan Channel Letter shall mean a dimensional letter that is constructed with sidewalls, a back, and a face making the letter a solid integral unity with the sidewalls and back having a pan shaped cross section.
   (x)   Permanent Sign shall mean a sign that is not temporary.
   (y)   Projecting Sign shall mean a sign that is attached to a building wall and extending 12 inches or more perpendicular to the face of the wall.
   (z)   Reverse Channel Letter is a fabricated dimensional letter with opaque face and sidewalls. (See definition (d) backlighted letter)
   (aa)    Roof Sign shall mean a sign erected, constructed or maintained wholly upon or over the roof or parapet wall of any building with the principal support on the roof structure.
   (bb)    Sign Face shall mean the area or display surface used for the message.
   (cc)    Sign Plate shall mean a wall sign not exceeding two square feet in area.
   (dd)   Temporary Sign shall mean a sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, a structure or permanently installed in the ground.
   (ee)    Wall Sign shall mean a sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall and not extending more than 12 inches from and which does not project above the roofline or beyond the corner of the building.
   (ff)    Window Sign shall mean a sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building except for signs that are not legible from a distance of more than three feet beyond the building in which such sign is located.
(Ord. 25-2011. Passed 9-20-11; Ord. 16-2024. Passed 3-19-24.)

1163.05 APPLICATION OF SIGN REGULATIONS.

   (a)   The regulations contained in this Section shall apply to signs outside of the public right-of-way.
   (b)   A sign may only be erected, established, painted, created or maintained in conformance with the standards, procedures, exemptions, and other requirements of this Chapter.
   (c)   All permanent signs shall comply with the sign design guidelines set forth in Section 1163.25 Design Standards.
   (d)   Architectural features that are either part of the building or part of a freestanding structure are not considered signs but shall conform to Section 1163.17 (e). Architectural features include:
      (1)    Any construction attending to, but not an integral, part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general.
      (2)    Graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose or to a building when the stripes or other painting technique do not include lettering, logos or pictures.
         (Ord. 25-2011. Passed 9-20-11.)

1163.07 COMPUTATION AND MEASUREMENTS.

   The following regulations shall control the computation and measurement of sign area, sign height, window area, and building frontage:
(a)   Determining Sign Area or Dimension.
      (1)   Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support unless such structural support is determined to constitute an integral part of the sign design.
      (2)   For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of one rectangular shape that encompasses the entire background or frame. (See Figure 1)
 
Figure 1: Calculation of Sign Area
      (3)   For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped ground sign, the area of the sign shall be the area of one rectangular shape that encompasses the perimeter of all the elements in the display.
         A.   When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be the area of one rectangular shape that comprises all the display areas, including the space between the elements.
         B.   One minor extension may be permitted to extend above or below the sign area when the area of the extension is less than 25% of the open space included in the sign area. For the purposes of this section, only the open space within the sign area that is located above and below the majority of the letters shall be included in the calculation. (See Figure 2)
 
Figure 2. Calculation of open space area and area of minor extension
      (4)   For ground signs and projecting signs: The sign area shall be computed by the measurement of one of the faces when two identical display faces are joined, are parallel or within 30 degrees of being parallel to each other.
      (5)   Air under a ground sign between supporting posts, air between a projecting sign and the wall to which it is attached, and lighting fixtures and associated brackets shall not be included in the calculation of sign area. (See Figure 1)
         (Ord. 25-2011. Passed 9-20-11.)

1163.09 DETERMINING SIGN HEIGHT.

   The height of a sign shall be measured from the average grade at the base of the sign or support structure to the tallest element of the calculated sign area or support structure. A ground sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign.
(Ord. 25-2011. Passed 9-20-11.)

1163.11 DETERMINING BUILDING FRONTAGE AND BUILDING UNIT.

   For the purposes of these sign regulations, the length of the building wall that faces a public street or that contains a public entrance to the uses therein shall be considered the building frontage.
   (a)   The building frontage shall be measured along such building wall between the exterior faces of the exterior sidewalls.
   (b)   In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
   (c)   A building shall have only one building frontage except as otherwise set forth below.
   (d)   A building shall have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.
   (e)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the walls defining the building unit.
      (Ord. 25-2011. Passed 9-20-11.)

1163.13 DETERMINING WINDOW AREA.

   The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than 15 feet in height above grade.
(Ord. 25-2011. Passed 9-20-11.)

1163.15 SIGNS FOR RESIDENTIAL USES AND SIGNS IN RESIDENTIAL DISTRICT.

   (a)    Table 1 Permitted Signs (sf=square foot du=dwelling unit ft=foot)
Type of Sign
Uses
 
Single-Family Dwelling
Single-Family Cluster
Multifamily
Non-Residential
Permanent Signs
Sign Plate
Wall, Window or Ground
Maximum number
1/du
1/du
1/du
1/building
Maximum sign area (sf)
2
2
2
4
Ground Sign for
Use/Development
Maximum number *
1/entrance
1/entrance
1/entrance
1
Maximum total sign area(sf)   
40
40
40
40
Maximum height (ft)
5
5
8
8
Minimum setback from
road right of way (ft)   
25
25
25
25
Wall Sign
Maximum number
n.a.
n.a.
n.a.
1
Maximum area (sf)
n.a.
n.a.
n.a.
40
Temporary Signs
Window Sign or Ground Sign
Maximum total sign area (sf)
8/du
8/du
4/du
32
Maximum height - ground (ft)
5
5
5
8
Minimum distance from
road right of way (ft)
0
0
0
25
Banner
    Maximum number
n.a.
n.a.
1
1
    Maximum area (sf)
n.a.
n.a.
30
30
    Maximum height (ft)
n.a.
n.a.
8
8
    Minimum distance to
road right of way (ft)
n.a.
n.a.
25
25
Instructional Signs
    Maximum number/entrances
n.a.
n.a.
2
2
    Maximum area each sign(sf)
n.a.
n.a.
4
4
    Minimum distance from
road right of way (ft)
n.a.
n.a.
0
0
*   except as provided in Section 1163.15(b)(4)
   (b)    Supplementary Regulations for Ground Signs.
      (1)    Ground signs that exceed four square feet in area shall be erected with a minimum of two supporting posts or on a solid base.
      (2)   Ground signs shall be erected in a landscaped setting.
      (3)   No part of a ground sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
      (4)   For residential subdivisions, the ground sign shall have a maximum of two sign faces per entrance, and be either a double-faced ground sign or two single-sided sign faces attached to walls or entry features located one on each side of the street entrance.
      (5)   For non-residential uses a maximum of 75% of the permitted ground sign area may be devoted to changeable copy.
      (6)   Ground signs shall contain the street address in numerals not exceeding seven inches in height.
      (7)   The Commission may approve the location of a ground sign less than the required distance from a road right-of-way if it finds that the sign will not interfere with traffic site lines and that the required setback is unreasonable because of existing site conditions; provided, however, that no ground sign or part thereof shall be permitted in the road right-of-way.
         (Ord. 53-2013. Passed 11-5-13.)
   (c)    Supplementary Regulations for Temporary Signs.
(1)    Temporary signs for residential uses and temporary window signs for non- residential uses may be erected for an unspecified time.
         A.   Temporary signs must be installed so they do not create a safety hazard.
         B.   Temporary signs must be made of durable materials and shall be well-maintained.
         C.   Temporary signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and required to be removed.
      (2)   Each property in a Residential District may display one temporary non-commercial message sign that does not exceed six square feet for an unspecified time.
      (3)   In addition to the temporary sign allowed in subsection (2) above, each property in a Residential District may display one additional temporary sign not to exceed twelve (12) square feet for a maximum of sixty (60) days each calendar year (registered with the Planning and Zoning Department).
(4)    Temporary signs that are erected in order to announce or advertise a specific event shall be removed within seven (7) days after the close of such event.
   (d)    Illumination. Permanent signs may be illuminated as provided in Section 1163.21(a) of this Chapter.
   (e)    Signs Not Legible from the Right-of-Way or Adjoining Properties. Signs displaying non-commercial messages that are not legible from the right-of-way or adjoining properties, including messages intended for instructional purposes, shall be permitted on a lot in a residential district when the lot is devoted to a multi-family or non-residential use.
(Ord. 16-2024. Passed 3-19-24.)

1163.17 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS.

   Signs in Commercial and Industrial Districts, except for residential uses, shall comply with the standards in the following sections.
(a)    Building Signs. The maximum number and area of permanent signs attached to buildings shall conform to the table below. Building signs include wall signs, window signs, awning or canopy signs and projecting signs.
Table 2 Building Signs
Zoning District
 
CH-I,
CH-II, C-1
C-2
C-3
PCD
OL
OLI
I
a. Sign plate
   Maximum number per address
1
1
1
1
1
   Maximum area (sf)
2
2
2
2
2
b. Building
   Maximum number per occupant
1
1
1
1
1
   Maximum area permitted sq. ft./ ft. frontage
1
1
1
1
1
   Maximum square foot area per occupant
50
50
70*
70
70
c. Projecting Sign
   Maximum number per building
1
n.a.
n.a.
n.a.
n.a.
   Maximum area permitted (sf)
12
n.a.
n.a.
n.a.
n.a.
*   For buildings with a frontage greater than 70 feet the Commission may permit an increase in sign area if it determines the increased sign area will be consistent with the design standards of the Planned Commerce District.
   (b)    Window Signs.
      (1)    Ground floor occupants. A window sign shall not exceed 40% of the total glass area at the ground floor window and shall comply with Section 1163.25 Design Standards.
      (2)    Upper floor occupants. For a multi-story building, each occupant above the ground floor shall be permitted one permanent sign to be placed in a window of the occupant's space, not to exceed six square feet or 25% of the area of the window in which the sign is placed, whichever is smaller. These signs shall be in addition to the maximum allowable area for building signs provided in Table 2.
   (c)    Secondary frontage or access. If a building or occupant has frontage on a second street or has access from a second public entrance such as a parking lot an additional sign area may be permitted on the secondary frontage not to exceed 40% of the sign area permitted for the primary frontage.
   (d)    Projecting Signs. Projecting signs shall be permitted only in the CH I, CH II and C-1 Districts.
      (1)    Projecting signs shall be limited to occupants that have a minimum of 20 feet of occupant frontage. All projecting signs shall have a maximum height of 14 feet and a minimum clearance of seven feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign. A projecting sign shall not be permitted to extend into the road right-of-way.
   (e)    Ground Signs. Permanent ground signs permitted in Commercial and Industrial Districts shall comply with the following regulations:
Table 3 Permanent Ground Signs
Zoning District
 
CH-I,
CH-II, C-1
C-2
C-3
PCD
OL
OLI
I
   
Ground Signs
Maximum number
permitted per building
1
1
1
1
1
Maximum area (sf)
25
50
50
50
50
Maximum height (ft)
6
8
8
8
8
Maximum area of sign
and supporting structure
(sf) *
45
75
75
75
75
Setback from public
road right of way (ft)**
15
25
25
25
25
Entrance / Exit Signs
Maximum number permitted
2/drive
2/drive
2/drive
2/drive
2/drive
Maximum area per sign (sf)
2
4
4
4
4
Instructional Signs
As regulated in Section 1163.17 (h)
      
*   May be modified by the Commission if the ground sign is an integral part of a retaining wall or landscaped area.
**    May be modified as provided in Section 1163.17(e)(8).
      (1)    Additional Ground Signs: An additional ground sign may be permitted on lots not less than four acres in Commercial and Industrial Districts for a building or development on a corner lot. The additional sign shall not exceed the area as provided in Table 3.
      (2)    Setback from Intersections: On a corner lot, ground signs shall comply with the minimum setback provided in Table 3.
      (3)    Minimum Side Yard: Ground signs shall be located not less than 15 feet from a side lot line provided, however, when adjacent to any Residential District or a lot used for residential purposes, a ground sign shall be not less than 30 feet from the side lot line.
      (4)    Changeable Copy: Ground signs may have up to 75% of the permanent sign area devoted to changeable copy.
      (5)    Multi-Occupant Facilities: When a ground sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
      (6)    Permanent ground signs shall contain the street address in numerals.
      (7)    Ground signs shall be erected in a landscaped setting.
      (8)    The Commission may approve the location of a ground sign less than the required distance from a road right-of-way if it finds the sign will not interfere with traffic site lines and that the required setback is unreasonable because of existing site condition; provided, however, no ground sign or part thereof shall be permitted in the road right-of-way. (Ord. 25-2011. Passed 9-20-11.)
   (f)    Temporary Signs. Temporary signs in Commercial and Industrial Districts may be permitted in addition to the permanent signs as regulated in Sections 1163.17(a) through (e) provided:
(1)    Temporary signs may be ground signs, window signs, A-frame signs, or banner signs.
         A.   A-frame ground signs are permitted to have changeable copy and shall be located within twenty (20) feet of the front door of the premises which the sign advertises but may not be located in any dedicated off-street parking lot.
(2)    The area of a temporary window sign shall not exceed twenty-five percent (25%) of the total transparent glass area of the window in which the sign is placed.
(3)    Temporary ground and temporary banner signs are permitted in commercial and industrial districts provided:
A.    Each property in a Commercial and Industrial District may display one temporary Non-Commercial Message sign that does not exceed six (6) square feet for an unspecified time;
B.    In addition to the temporary sign allowed in subsection A. above, each property in a Commercial and Industrial District may display one additional temporary sign not to exceed twelve (12) square feet for a maximum of sixty (60) days each calendar year.
C.    Each sign listed above shall have a maximum height of six (6) feet above grade; and
         D.   Each sign listed above shall not be less than fifteen (15) feet from a right-of-way except the Commission may permit signs less than fifteen (15) feet from a road right-of-way in CH-I and CH-II districts.
(4)    Temporary signs that are created in order to announce a specific event shall be removed within seven (7) days after the close of such event.
      (5)   Signs not legible from the right-of-way or adjoining properties. Signs display non-commercial messages that are not legible from the right-of-way or adjoining properties, including messages intended for instructional purposes, shall be permitted on a lot in a non-residential district.
   (g)    Illumination. Permanent signs may be illuminated as provided in Section 1163.21(a).
   (h)    Instructional Signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed and as approved by the Commission. Instructional signs shall not exceed four (4) square feet.
   (i)    Signs for Residential Uses. Signs for uses permitted or conditionally permitted in residential districts shall conform to the sign regulations provided in Section 1163.15.
(Ord. 25-2011. Passed 9-20-11; Ord. 16-2024. Passed 3-19-24.)

1163.19 PROHIBITED SIGNS.

   All signs not expressly permitted shall be prohibited in the Village. Such signs include but are not limited to the following:
   (a)    Roof signs.
   (b)    Billboards.
   (c)    Flags intended for advertising or commercial purposes.
   (d)    Marquee signs.
   (e)    Electronic reader boards.
   (f)    No mobile signs shall be erected, constructed, displayed or maintained except those on licensed commercial delivery and service vehicles. Such vehicles shall not be parked in any district closer to the street than the front line of the principal building, unless the principal building has a rear parking area; in which case, all such vehicles shall not be parked closer to the street than the rear line of said building.
   (g)    Temporary directional signs.
   (h)    Flashing, moving, inflatable, blinker, racer type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners, exposed light bulbs, and strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices.
   (i)    The interior illumination of signs, except as expressly permitted in Section 1163.21(a) and signs with characters, letters, figures, designs or outlines by electric lights or luminous tubes as part of the sign.
   (j)    Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification, or advertising purposes.
   (k)    Permanent sign erected or attached to accessory structures.
   (l)    Outline lighting of the building or roofline.
   (m)    Internal illumination of all or part of the roof.
      (Ord. 25-2011. Passed 9-20-11.)

1163.21 ILLUMINATION, CONSTRUCTION, AND MAINTENANCE STANDARDS.

   In addition to the design, size, type and location of signs, all signs shall meet the following standards:
   (a)    Illumination (See pictorial examples in Appendix). Signs shall be permitted to be illuminated as provided in the following:
      (1)   External Illumination: All signs that are permitted to be illuminated shall be externally illuminated, except as otherwise permitted in subsection (2) below. External illumination shall comply with the following.
         A.   Only direct lighting from an external source shall be used to illuminate the sign.
         B.    The source of light shall not be visible from the street or adjacent property.
      (2)    Internal illumination:
         A.    Internal illumination of signs may be permitted by the Planning and Zoning Commission for uses in all Commercial and Industrial Districts provided that only reverse pan channel, or halo-lighted letters, characters or graphics are permitted.
         B.    Internally illuminated cabinets may be permitted by the Commission provided such cabinets shall consist of a solid opaque background with "knock-out" areas for copy, graphics and embellishments.
      (3)    Signs shall not include animated, flashing, moving or intermittent illumination in which any part of the message changes at a rate of more than once per day.
      (4)    No temporary sign shall be illuminated.
   (b)    Location of Signs and Construction Standards.
      (1)    No sign regulated by any of the provisions of this Section shall be erected in the right-of-way, or at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign signal or device as defined in the Manual of Uniform Traffic Control Devices; or which makes use of the words "STOP", "LOOK", "DANGER", or any other work phrase, symbol or character in such a manner as to interfere with, or confuse traffic.
      (2)    No sign shall be attached to a utility pole, tree, trash receptacle, bench, or any other structure not intended or approved as a sign support
      (3)    No sign shall be erected so as to obstruct any window, door, fire escape, balcony, platform stairway, ladder, vent or other means of egress or ingress of any building
      (4)    The construction, erection, safety and maintenance of signs shall comply with the Ohio Building Code.
      (5)    Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (6)    Permanent signs shall be constructed and erected to withstand wind pressures of at least 30 pounds per square foot of surface, and shall be fastened, suspended or supported so that they will not be a menace to persons or property.
      (7)    Permanent signs shall be fabricated of materials that are of good quality and good durability.
      (8)    Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
      (9)    No temporary sign shall have moveable lettering or lettering capable of being moved or replaced.
   (c)    Maintenance. All signs shall be maintained as follows:
      (1)    The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements.
      (2)   If the Zoning Inspector finds that any sign is unsafe, insecure, or a menace to the public, notice shall be given in writing by the Zoning Inspector to the owner. The owner of the business shall, within 48 hours of such notification, correct such unsafe condition or remove the sign.
      (3)   Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:
         A.    There shall be no enlargement or increase in any of the dimensions of the sign or its structure, the location of the sign does not change and the materials and illumination do not change.
         B.    The sign shall be accessory to a legally permitted, conditional or nonconforming use.
      (4)    The Zoning Inspector may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition.
         (Ord. 25-2011. Passed 9-20-11.)

1163.23 NONCONFORMING SIGNS.

   (a)    Maintenance of Nonconforming Signs: Nonconforming signs shall be maintained in good condition and may continue until such sign is required to be removed as set forth in this Section.
   (b)    Alteration, Relocation or Replacement of Nonconforming Signs: A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into compliance with the provisions of this Chapter.
   (c)    Reconstruction of Damaged Sign: If a sign face and/or its support are damaged to the extent where the repair cost exceeds 50% of the replacement cost of the sign, the sign shall be removed or brought into compliance. If the repair costs do not exceed 50% of the replacement cost of the sign, the Commission may authorize the sign to be repaired, provided all repair work is completed within 60 days of the date the damage was incurred.
   (d)    Termination: A nonconforming sign shall immediately lose its legal nonconforming status, and shall be brought into conformance with this Chapter or removed, when any of the following occur:
      (1)   The size or shape of the sign is changed.
      (2)   The sign structure is altered.
      (3)   If the property upon which the sign is located ceases to be used for a period of six months or more.
         (Ord. 25-2011. Passed 9-20-11.)

1163.25 DESIGN STANDARDS.

   All permanent signs shall comply with the following design standards:
   (a)    Overall Design of Signs:
      (1)   Elements of the sign shall create an overall cohesive design, reflect simplicity, avoid visual clutter, and insure legibility.
      (2)   The message shall be easy to read from the intended vantage point, public street, public sidewalk, or public parking lot but not be out of scale with the building, site or streetscape. The ratio of the message to the background shall permit easy recognition of the message. Lettering size shall be the size needed to ensure the sign can be seen from the intended distance. For awning signs, the sign graphics shall be located on the portion of the awning fabric that hangs perpendicular to the horizontal plane of the ground, below the awning's support structures.
   (b)    Relationship to Building Architecture:
      (1)   Variety in the design of signs among different storefronts shall be encouraged when the architecture of the building(s) suggests variety.
      (2)   Storefronts with common architectural elements shall have signs that share continuity of design so that the placement and design of individual signs contribute to the cohesive appearance created by the common architectural elements. For example, a series of storefronts that, because of their architecture and design have the appearance of a single building shall have occupant signs that share common elements.
      (3)   Owners of multi-tenant buildings shall develop a sign plan for the building and site as required in Chapter 1171 to aid in determining the level of variety or cohesiveness required for signs.
   (c)    Placement of Signs on Buildings: All signs shall be reviewed for their impact on the overall building façade. The sign and associated lighting fixtures shall compliment the architecture of the building on which it is placed and shall be placed in an appropriate location on the building façade.
   (d)    Ground Signs: Ground signs shall be spaced or combined along the street frontage in a manner that ensures that one ground sign does not obscure the view of another ground sign.
      (Ord. 25-2011. Passed 9-20-11.)

1163.27 ADMINISTRATIVE PROVISIONS.

   (a)    Compliance with this Chapter: No person shall erect, locate, move, alter, or replace any sign or cause a sign to be located or maintained, unless all provisions of this Chapter have been met.
   (b)   Signs Requiring Zoning Certificate/Registration: To ensure compliance with these regulations, a zoning certificate shall be obtained for all signs, unless specifically exempted below. All temporary ground signs and banner signs except ideological signs shall be registered with the Zoning Inspector.
   (c)    Application Requirements:
      (1)    An application for a zoning certificate shall be made to the Zoning Inspector on the form provided and in the manner required.
      (2)    When any person other than the owner of the property submits an application, the owner of the property or a designated agent for the owner shall also sign such application.
      (3)    The application shall include:
         A.    Location and dimensions of proposed signage on a scaled drawing of the building elevation.
         B.    Color rendering of the proposed signage
         C.    Landscape plan for the base of the sign
         D.    Specifications of materials to be used
         E.    Illumination plan.
 
   (d)    Sign Review:
      (1)   The Commission shall review and act on applications for permanent signs according to the standards set forth in this Section and the review procedures for development plan review set forth in Chapter 1171.
      (2)   The Zoning Inspector shall review all temporary signs, except as otherwise specifically exempted below.
      (3)   The erection of the following signs shall not require a zoning certificate provided that all applicable regulations of this Section are complied with:
         A.    Signplates for residential uses
         B.    Temporary signs for dwelling units
         C.    Temporary window signs
         D.   Maintenance of existing signs in compliance with Section 1163.21(c).
   (e)   Referral of Applications to the Commission: The Zoning Inspector, upon receiving an application shall examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure.
      (1)    If it appears that the proposed application is complete, the application shall be referred to the Commission where its approval must be obtained before the zoning certificate is issued.
         A.    When approved by the Commission, the application shall be returned to the Zoning Inspector who shall issue the zoning certificate.
         B.    If the work authorized under a zoning certificate has not been completed within six months after the date of approval, the permit shall become null and void.
            (Ord. 25-2011. Passed 9-20-11.)

1163.29 PENALTY.

   (a)    Any violation of the Chapter is hereby declared to be a nuisance per se.
   (b)    Chapter 1105 of this Zoning Code, as applicable, is hereby incorporated for purposes of notification, enforcement and penalties for any violations of this Chapter.
(Ord. 25-2011. Passed 9-20-11.)

APPENDIX-PICTORIAL EXAMPLES

 
 
 
 
 

1165.01 PURPOSE, PERMIT REQUIRED.

   (a)   This chapter is established to provide standards for land uses incidental to the production of oil and gas drilling, which shall be conditionally permitted uses.
   (b)   No person, firm or corporation shall drill or commence to drill a well for the production of oil, gas or other hydrocarbons until the Commission has granted a conditional zoning permit pursuant to this chapter.
(Ord. 25-2011. Passed 9-20-11.)

1165.03 LIMITATIONS ON MULTIPLE WELLS.

   No person, property owner, firm, company or corporation shall be permitted to drill more than two wells at any one time. Application for the third permit or any subsequent permits may be made upon completion of the first, second and each numerically subsequent well.
(Ord. 25-2011. Passed 9-20-11.)

1165.05 APPLICATION FOR PERMIT.

   Applications for a conditional zoning permit to drill for oil and gas shall be made to the Zoning Inspector on forms to be supplied by him or her. The Zoning Inspector shall file the application with the Commission at its next regularly scheduled meeting. The form shall require:
   (a)   A copy of the permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas, including a copy of the information required to obtain the permit.
   (b)   A site plan and vicinity map of the general area involved in the application, drawn to scale and showing thereon:
      (1)   The lot lines of all abutting and other properties within 1,000 feet of the proposed location of the well and storage tanks;
      (2)   The location and use of all buildings, structures, ponds, lakes and streams within 1,000 feet of the proposed location of the well, storage tanks and associated producing and processing equipment;
      (3)   The names and addresses of all property owners (as those names appear on the Summit County Auditor's map) and owners of mineral rights, within a radius of 1,500 feet of the proposed location of the well, storage tanks and associated equipment;
      (4)   The proposed location of pipelines to be used to transport gas and/or oil to off-site locations and facilities;
      (5)   The proposed location of the well and all associated appliances and facilities, including the wellhead, piping, separators, scrubbers, tank batteries, storage tanks, access roads, dikes, fences and all other associated facilities; and
      (6)   A schematic diagram of all pipelines, connections and shut-off valves designed for emergency purposes showing that the schematic may be modified and resubmitted to the Zoning Inspector at any time that a change in equipment or facilities occurs.
   (c)   A specific plan for the removal, disposal methods and disposal site of all spoils, salt water, and other residues and waste materials resulting from the drilling, fracturing or production of any well.
   (d)   The names, addresses, and telephone numbers of all persons, business entities, or corporations who have been or will be contracted to haul brine, salt water, or other oil field wastes, together with evidence of State or County certification, as may be required by law.
   (e)   The names, addresses, and telephone numbers of all contractors and subcontractors, and the qualifications and experience of producers and contractors.
   (f)   The proposed truck routes in and out of the site on public roads, and a designated truck route to the site for the entire period the trucks are within the Village.
   (g)   A detailed landscaping, screening, and restoration plan, including professional estimates as to the cost of plant materials and construction.
   (h)   Copies of easements or options for easements for pipelines, production and processing equipment and access drives when those facilities are not included as part of the drilling site or drilling unit.
   (i)   A copy of the Spill Prevention Control and Countermeasure Plan (S.P.C.C.) as required by Title 40, Code of Federal Regulations, 38 F.R. No. 237, Part 112, for oil storage facilities with capacities exceeding 1,320 gallons or single containers exceeding 660 gallons.
   (j)   An application fee set by Council in accordance with Chapter 725 of the Business Regulation Code of the Village.
      (Ord. 25-2011. Passed 9-20-11.)

1165.07 THE HEARING.

   The Commission shall schedule a public hearing within 30 calendar days of the filing of the application with the Commission.
   The Applicant shall give notice by certified mail to:
   (a)   All property owners and owners of mineral rights and to all those persons whose names are shown on the application; and
   (b)   To the clerk of the legislative authority of all political subdivisions which are located within 1,500 feet of the well head or tank battery. The Zoning Inspector shall provide the form of notice.
   The Zoning Inspector shall cause notice of the time, place and purpose of the hearing to be published one time in a newspaper of general circulation. The applicant shall file, with the Commission, proof of the certified mail notice.
(Ord. 25-2011. Passed 9-20-11.)

1165.09 STANDARDS FOR REVIEW OF THE APPLICATION.

   (a)   General Standards: The Commission shall review the particular facts and circumstances of each proposed use in accordance with the following general standards, and as conditions of any grant shall find:
      (1)   The proposed use will be consistent with the general objectives of the current Comprehensive Plan of the Village.
      (2)   The proposed use will be designed, constructed, operated, and maintained so as to be appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.
      (3)   The proposed use will not be hazardous or disturbing to existing neighboring uses.
      (4)   The proposed use will not be detrimental to property in the immediate vicinity or to the community as a whole.
      (5)   The proposed use will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures and refuse disposal, or the applicant shall be able to provide adequately for any such services.
      (6)   The proposed use will have vehicular approaches to the property, which shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
   (b)   Specific Standards.
      (1)   No well, storage tank or separator shall be located within 500 feet of any property line, residence, school, church, hospital, theater, assembly hall, public right-of-way, drilling unit boundary, or any inhabited buildings, except as otherwise provided in Section 1165.11.
      (2)   No gas well shall be located within 100 feet of an electrical power line or transmission line of any public or private utility line.
      (3)   All future residential buildings to be constructed in the vicinity of a well or production or processing equipment shall be located at least 500 feet from any existing wells or associated equipment (excluding transmission lines). Proposed residential subdivisions and multifamily developments shall be located so that all future residential dwelling shall be at least 500 feet from any existing wells or production and processing equipment (excluding transmission lines).
   (c)   Policies of Insurance and Bonds. The Commission shall require the applicant to provide proof of:
      (1)    Public liability insurance coverage in amount of not less than $10,000,000 per occurrence; $10,000,000 annual aggregate combined bodily injury and property damage liability, and insurance in the amount of $100,000 per occurrence in the event potable well water pollution occurs. The policy shall include blow out or cratering coverage, underground resources, and equipment coverage.
      (2)    A $25,000 indemnity bond to serve as a financial guarantee of compliance with all landscaping, maintenance, restoration, abandonment and other requirements of State law and this chapter. Such policies and/or bonds shall be conditioned upon compliance by the applicant, and by any assignee, employee, contractor, subcontractor or other party performing services in connection with the permit.
      (3)   The Commission shall, for protection against road damage, require sufficient security, by bond or otherwise, for a term of one year after the well becomes operational. Any cash security will be returned, together with interest at the current rate, if no road damage has been caused.
      (4)   Policies and bonds shall be approved by the Director of Finance and shall be kept in force for such period of time as drilling is in progress, the well is in operation and is producing oil and/or gas. The liability insurance policy and the maintenance and restoration bond shall be maintained for a period or one year after the Zoning Inspector has inspected and has approved satisfactory final abandonment and restoration.
      (5)   Each year on, or before, the anniversary date of the insurance policy or bond, the operator/producer shall provide to the Director of Finance a certificate of continued existence of the policy or bond. Failure to do so will result in the Zoning Inspector ordering the well site closed.
      (6)   All subcontractors shall be named as additional insured's on the liability policy, or they shall provide their own insurance coverage, and proof of such coverage shall be filed with the Director of Finance.
      (7)   The policies shall name the Village as an additional insured, and all policies and bonds shall contain a clause, which requires the carrier to give sixty days written notice of cancellation to the Zoning Inspector.
      (8)   The foregoing limits shall not be interpreted as a limitation on the right of the Village to pursue appropriate remedies in any court of competent jurisdiction.
         (Ord. 25-2011. Passed 9-20-11.)

1165.11 REDUCTION AND MODIFICATION OF DISTANCES.

   When strict compliance with the foregoing distance requirements may be a handicap or an excessive burden to the use of the property, and where no undue hazard will be created, the distance requirements may be reduced or modified by the Commission after consideration of such special features as topographical conditions, nature of occupancy and proximity of buildings on the adjoining property, proximity of storage tanks, degree of fire protection provided and the facilities available from the Division of Fire. These features are not to be construed as a limitation of the power of the Commission to consider other relevant special features.
(Ord. 25-2011. Passed 9-20-11.)

1165.13 ADDITIONAL CONDITIONS.

   The Commission shall have the power to impose additional conditions when it deems it necessary to safeguard the health, safety and welfare of the Village or inhabitants.
(Ord. 25-2011. Passed 9-20-11.)

1165.15 PERMIT EXPIRATION.

   A permit shall terminate and expire without any action on the part of the Commission, unless, within 180 days from the date of Commission approval actual drilling shall have commenced. Unless commenced, the permit shall be deemed abandoned and it shall be unlawful thereafter to drill or commence drilling without the issuance of another permit.
(Ord. 25-2011. Passed 9-20-11.)

1165.17 FAILURE TO COMPLY; REVOCATION OF PERMIT.

   Failure to comply with any of the conditions of the permit shall be grounds for a refusal to grant a future permit to drill a well and shall be grounds to revoke an existing permit. Revocation of a permit shall bar a permit holder from drilling for oil or gas until such permit holder shall have complied with the provisions of the permit. The Commission is granted the authority to cancel and revoke any permit when the Commission is satisfied that fraud or misrepresentation was practiced in obtaining a permit, or that the permit holder has failed to comply with the terms of the permit after notice of any violation thereof. No such permit shall be canceled or revoke without providing a permit holder a notice of hearing and an opportunity to be heard.
(Ord. 25-2011. Passed 9-20-11.)

1165.19 POST HEARING REQUIREMENTS.

   (a)   Access to the Well Site: An access drive shall be constructed of suitable aggregate, according to standards set by the Zoning Inspector, and shall be inspected and approved by the Zoning Inspector prior to the delivery of drilling equipment. Where access drives join with public roads, the culverts and/or ditching shall be provided according to the specifications of the Director of Public Service, who shall be notified prior to commencement of such work in order to provide for inspections and approval. Access roads shall be located a minimum of forty feet from rear or side lot lines.
   (b)   Notification of Residents: At least 15 calendar days prior to the actual drilling, the permittee shall notify all residents within 1,500 feet of the well head, by first class mail, of the day that drilling operations will commence.
   (c)   Potable Water and Testing: It shall be the duty of the permit holder to seal gas and oil wells to protect fresh water wells from salt water or other pollution or contamination. The well driller and permit holder shall be jointly and severally responsible for any loss or reduction of flow or change in water quality in existing water wells. Prior to the start of the drilling operation, the permit holder or well driller shall test all wells within 1,000 feet of the proposed well site for water quality and volume. The laboratory utilized for these tests shall be approved by the Ohio EPA. The laboratory reports shall be submitted to the Zoning Inspector and approved by him or her prior to commencement of drilling. Copies of the report shall be submitted to the property owners.
   The following tests shall be performed:
Chloride
Total Dissolved Solids
Calcium
Potassium
Magnesium
Strontium
Sodium
Manganese
Iron
Nitrate
Barium
Sulfate
Mercury
Hydrocarbons
Ph
Lead
E.Coli
   The permit holder and the driller shall establish and file, with the Director of Public Service, prior to commencement of drilling, contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. The permit holder and the driller shall be jointly and severally responsible for the obligation to provide potable water, without cost to the residents receiving the water. The permit holder and the driller shall furnish potable water to any affected resident upon notification from the Director of Public Service that there is a reasonable probability that the drilling operation has affected the potable water system. After receipt of such written notification, the permit holder and/or driller shall, within ninety days, correct and restore the potable water source.
   (d)   Identification: Prior to the start of drilling operations, a 24 inch by 24 inch metal sign shall be posted at the access road entrance by the public road showing the name and address of the permittee and driller, and twenty-four hour emergency telephone numbers. The name of the company, address, names of responsible individuals, 24 hour emergency phone numbers and business phone numbers shall be given to the Zoning Inspector, who in turn shall advise the Division of Fire and Police. Prior to the start of production, a 24 inch by 24 inch sign shall be affixed to the access road gate and all fenced-in areas, stating the owner, lease name, well number, permit number, County, all emergency telephone numbers, and street or road address of the site. If multiple wells are being produced into a common tank(s), each wellhead shall be identified as to owner, permit number, well number and lease name. Any change of ownership shall be shown at the wellhead, storage tank(s) and access road gate no later than 60 days after the date of assignment or transfer. The Zoning Inspector shall be notified by certified mail no later than 60 days after the date of assignment or transfer.
   (e)   Operating Days: Well drillers shall not set up or tear down on Sundays or holidays. Operation on Sundays and holidays is not permitted, except with the approval of the Zoning Inspector.
   (f)   Street Maintenance: All permit holders and drillers shall use care in the set-up, operation, and removal of drilling and fracturing equipment. Should any mud be carried onto public streets from a drilling site, the permit holder shall be required to clean up the streets to the satisfaction of the Director of Public Service, who shall have authority to request a permit holder or driller to take specific steps to reduce the mud at a given location. Failure of a permit holder or driller to clean up the public streets to the satisfaction of the Director of Public Service, or failure to take specific steps to reduce mud at a given location, as requested, shall be grounds for revocation of a permit, and forfeiture of the bond posted. If deemed necessary by the permit holder, driller, or Director of Public Service, suitable washing equipment shall be stationed at the road entry location and used to remove the loose mud from all vehicle tires and equipment prior to entry upon the public road right-of-way. At least ten days before the start of well drilling operations, the permit holder and/or well driller shall submit a current transportation plan to the Zoning Inspector and Director of Public Service for review. The plan shall identify all routes to be traveled within the Village by the equipment. The Director of Public Safety may revise the transportation plan or prohibit utilization of Village roads by the well drilling equipment in the event that the conditions of the roads or weather or traffic conditions make travel unsafe or threaten damage to the roads. A flagger shall be used when equipment is moved onto or out of the site. The permit holder and/or well driller shall provide parking outside the public right-of-way for all employees, machinery and/or equipment. "Construction Equipment" and/or "Work in Progress" warning signs shall be placed 500 feet before the entrance drive.
   (g)    Noise: Chapters 331, 337 and 511 of the Codified Ordinances shall regulate noise for all operations under this Chapter.
   (h)   Fencing: Temporary fence shall be maintained around the drilling site, storage pits and all related miscellaneous apparatus during the drilling operation for the time prior when the site is left unattended. Prior to the production, all storage tanks, separators, well installations, and other permanent facilities shall be entirely and continuously enclosed by a six-foot high chain-link type of fence, together with one set of three strands of barbed wire above, which shall be at an angle of 45 degrees outward. The fence shall be kept in a good state of repair until the well is abandoned and the tanks, separators, and pump equipment are removed. The fence shall be located a minimum of five feet outside all wells, tanks, pumps, separators and any related miscellaneous apparatus. Sites larger than 625 feet shall have two exits remote from each other, and all gates shall have a minimum opening of four feet. All gates larger than four feet shall be made up of two sections, each being one-half of the exit opening size to facilitate orderly and safe fire-fighting operations. All fence and gate installations shall be inspected by the Chief of the Division of Fire and the Zoning Inspector before the producing operation commences. All gates, including the drive entrance gate, shall be locked and keyed. Gates, entrances gate installations and locks shall be in accordance with the standards set by the Zoning Inspector.
   (i)   Site Maintenance: Oil and/or gas wells, associated equipment, and storage tanks shall be screened in accordance with the landscaping plan. Such screening shall consist of dense, evergreen shrubs placed so as to create a substantially opaque visual barrier between the well or tanks. A combination of evergreen shrubs and land forms, such as earthen berms, may also be used as a visual screen. In addition to fine grading, grass or other vegetative cover shall be restored to create an environment and appearance compatible with the adjacent properties, neighborhood and area. All landscaping and/or screening shall be in place 90 days after the well is placed in operation, unless a time extension, based on weather, is granted by the Zoning Inspector. The well driller and/or producer shall not grade the property in a manner, which causes excessive soil erosion and/or surface water run-off. All areas disturbed during the drilling operation shall be graded to prevent soil erosion. All disturbed areas shall be seeded immediately upon completion of the drilling operation. All equipment, including tanks, shall be painted forest green in color at the time of installation and every two years thereafter. Shut-off valves shall be painted a contrasting, conspicuous color. The permit holder and/or operator shall maintain the site in a neat, clean and orderly condition. The permit holder and/or operator shall maintain all gates, access drives, fences, tanks, dikes, landscaping or any other structures or appurtenances contained on the site for the purpose of oil and/or gas production.
   (j)   Electric Motor: All well pumps shall be operated by electric motors only.
   (k)    Pipe: All transmission piping outside of the fence, after completion of a producing well shall be of high-strength steel, be buried underground a minimum of three feet and shall be of suitable manufacturing for underground installation, capable of handling all applicable working pressures, whether maintained by the permit holder, or any person, firm, or corporation having the right to utilize the gas or oil produced. The permit holder shall furnish detail drawings indicating the location and depth of all pipes, which drawings shall be at a scale of one inch equals 100 feet, and shall accurately locate all equipment, pipes and appurtenances that are installed and/or proposed to be installed.
   (l)    Drilling Pits: All drilling pits shall be sized so as to contain all drilling fluids, together with any fluids resulting from natural precipitation. An earthen dike shall be constructed around the perimeter of the pit. A properly sized, properly anchored, reinforced, single piece plastic liner, conforming to specifications available from the Zoning Inspector, shall be placed within the pit. The lining must be checked and maintained by the operator to insure its integrity. In the event the pit excavation shall be in course, sandy soil, or fractured permeable bedrock, a soil sealant, conforming to specifications available from the Zoning Inspector, may be required to be applied to the entire surface of the earthen pit prior to installation of the plastic liner. The discharge line must be equipped with a baffle, which deflects the cuttings as they enter the drilling pit in order to preserve the integrity of the pit liner throughout the drilling operation. Gas must be flared through a flow line at least eighty feet long onto a flare pit located a safe distance away from the drilling pit and directed away from any structure. During drilling, contents of the pit shall be hauled away as needed. Within seven days after the completion of drilling, all liquid wastes shall be removed from the pit. Within 30 days after completion of the drilling, the remaining contents of the pit and the plastic liner shall be removed and hauled away, and the pit shall be inspected by the Zoning Inspector, and backfilled. Extensions for weather delays may be granted by the Zoning Inspector. All EPA and/or Ohio Division of Oil and Gas regulations, with respect to solid and liquid waste, shall be followed. Steel tanks may be utilized, and shall be constructed and maintained so as to prevent escape of any fluid therefrom, including any amounts that may be added by natural precipitation. The Zoning Inspector shall inspect each phase of the drilling pit construction.
   (m)    Cementing the Surface Casing: Ample notification shall be made to the Inspector for the Division of Oil and Gas of the State of Ohio and the Zoning Inspector to enable them to be present to supervise the installation and cementing of the surface casing. Care will be taken to ensure a complete cement bond along the entire length of the surface casing to protect fresh water formations. The driller shall maintain an accurate record of the depth of the casing, the amount of cement uses, and the personnel at the site during the cementing operation. A copy of this record shall be filed with the Zoning Inspector upon completion of the cementing procedure. Prior to drilling below the surface casing, the driller shall allow a minimum 12 hours time for cement set-up. The cement must re-circulate to the surface.
   (n)    Fracturing: The Zoning Inspector shall be notified prior to the fracturing of the well. Flow back of fracturing mediums shall be made only into fully contained steel fracturing tanks approved by the Zoning Inspector. No fracturing shall be permitted between 7:00 p.m. and 7:00 a.m.
   (o)    Storage and Processing Tanks: All storage and processing tanks shall be diked and maintained to prevent any seepage or drainage beyond the fenced-in area. The dike shall have an outlet valve for releasing accumulated rainwater. The dike shall be lined with a one-piece plastic liner, which shall be buried in soil with a minimum of six inches of cover. The liner shall be a minimum of five mils thickness, or as required by the state of Ohio, whichever is greater, and shall be sized to contain a minimum of 200% of the materials stored in the diked area. Oil or brine spilled inside the dike shall be immediately removed from the site. All storage and processing tanks shall be furnished with drip pans to collect any oil and/or brine that may be spilled during the loading operation. Brine and/or oil shall not be stored in underground storage tanks. Storage tanks and processing tanks shall not exceed ten feet in height.
   (p)    Drilling Operations:
      (1)   Rotary rigs: All rotary tools shall have the innermost string of casing equipped with a blowout preventer, capable of being remotely controlled, properly installed on the surface casing, which must be in good working condition and of sufficient size and working pressure rating to control normal hydrostatic pressure for the deepest pool to be penetrated by the borehole. The rotary airhead and stripped rubber must be in good working condition.
         A.    The surface hole must be drilled on fluid, using potable water.
         B.    When drilling past the aquifer zone with an air rotary rig, the drilling operation must convert to fluid procedures if excessive volumes of brine are encountered.
          C.    The drilling procedures used in rotary equipment shall be capable of sealing off each oil, gas, brine, or fresh water stratum above the producing horizon or objective formation and shall be capable of preventing blowouts and flows of salt or fresh water in accordance with good well drilling practice.
      (2)   Cable tool rigs: Wells drilled with cable tools shall have the innermost string of casing equipped with a high-pressure master gate valve and control head, and an oil saver, securely anchored by concrete, prior to drilling into any formation likely to contain oil or gas.
(3)   Crew training: All crews shall be trained in the operation of the blowout preventer, control head and related equipment, and all equipment to be used shall be in good condition.
   (q)    Brine and Waste Disposal: The permittee shall provide to the Zoning Inspector duplicates of all hauling records required by the State, and shall upon the written request of the Zoning Inspector, make such records immediately available. Sections 521.12 and 521.13 of the Codified Ordinances shall govern brine and oil field wastes. All oil field wastes shall be disposed of in a manner approved by the Ohio EPA and/or the Division of Oil and Gas.
   (r)   Inspections: The Zoning Inspector and the Chief of the Division of Fire, or their duly authorized representatives, shall have the authority, at any time, to enter upon property where a well is in the process of being drilled, or upon a producing well site, for the purpose of inspecting and testing the site, equipment, and all other operations and conditions as may be necessary to assure compliance with the provisions of this chapter.
(Ord. 25-2011. Passed 9-20-11.)

1165.21 LIABILITY.

   The permit holder shall pay to the owners of any realty, crops, buildings, improvements, good or chattels located in the area, any extra cost of insurance on the property charged by reason of the granting of the permit or the operation carried on there under, and all damages suffered by any person, firm, or corporation to property from fire in excess of the insurance collected thereon, or from oil, gas, or water caused by or originating from the operation connected with the well. The permittee shall hold the Village free and harmless from any and all liability growing out of the granting of the permit.
(Ord. 25-2011. Passed 9-20-11.)

1165.23 TECHNICAL ASSISTANCE.

   In the event the Village needs to utilize consultants, special equipment for the evaluation and regulation of plans, inspections, operations and maintenance, the costs thereof shall be paid by the applicant or permittee.
(Ord. 25-2011. Passed 9-20-11.)

1165.25 ARTIFICIAL LIGHTING.

   All artificial lighting used during drilling or production of any gas or oil well shall be designed, constructed and located in such a manner to prevent excessive emission upon any property not within the drilling unit.
(Ord. 25-2011. Passed 9-20-11.)

1165.27 TECHNOLOGICAL IMPROVEMENTS.

   In the event technological improvements are made in the gas and oil industry and additional safeguards are available to the applicant, in order to protect persons or property from any hazards, and such technological improvements are available at a reasonable cost, the applicant shall, upon notice from the Village, if technologically possible, incorporate such technological improvements into its gas and oil well drilling, production, transmission or abandonment operations.
(Ord. 25-2011. Passed 9-20-11.)

1165.29 PLAT OF COMPLETED FACILITIES.

   Within 30 days after the well is in operation, the permit holder shall furnish the Zoning Inspector with a plat detailing the exact location of the well, all permanent storage facilities, fences, property boundaries, roads, landscaping and transmission lines.
(Ord. 25-2011. Passed 9-20-11.)

1165.31 ABANDONING WELLS.

   In the event a well is to be abandoned, the owner or lessee shall notify the Zoning Inspector of such abandonment before the well is abandoned and the equipment removed. The permit holder shall pull and/or plug a well site on abandonment and remove all above-ground appurtenances, return the ground to the original grade and condition and abide by all the rules and regulations promulgated by the State of Ohio relative to pulling, plugging and abandoning oil and gas wells. Landscaping may be preserved at the time of abandonment, if feasible, and if desired by the property owner.
(Ord. 25-2011. Passed 9-20-11.)

1165.33 NOTIFICATION OF FIRE CHIEF.

   The Chief of the Division of Fire shall be notified 24 hours in advance of all scheduled or anticipated well tests and other extraordinary well production conditions which will result in large volumes of gas being released to the air.
(Ord. 25-2011. Passed 9-20-11.)

1165.35 SHUT-OFF VALVES.

   All gas and oil production facilities shall be equipped with automatic regulating and shut-off valves, which shall be located in the system ahead of any pressure relief valves included in the production and processing equipment. Such valves shall be designed to eliminate or reduce the venting of gas to the air.
(Ord. 25-2011. Passed 9-20-11.)

1165.37 CONTAMINATION PROHIBITED.

   No hydrocarbons or brines shall be allowed to enter the Sharon or Berea Sandstone formation during drilling or production of any oil and gas well. In the event that such contamination shall occur, the permittee shall immediately notify the Zoning Inspector.
(Ord. 25-2011. Passed 9-20-11.)

1165.39 SOUR GAS.

   If hydrogen sulfide gas is encountered in the Newburg Formation, drilling operations using air rotary rigs shall switch to fluid. The volume of cement used in cementing the production string of casing in the well bore should be sufficient to provide a sheath of cement to a point at least 50 feet above the Newburg Formation. In the event the Zoning Inspector determines that the production of a well causes an odor deemed to be a nuisance, the producer shall provide a filter retrofitted on all storage tanks and shall insure that the filters are either cleaned or replaced in order to suppress the nuisance.
(Ord. 25-2011. Passed 9-20-11.)

1165.41 SANITARY FACILITIES.

   Sanitary toilet facilities shall be provided on the drill site for the drilling crew.
(Ord. 25-2011. Passed 9-20-11.)

1165.43 INSPECTION FEE.

   Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of all wells to be drilled within the Village limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the Village. The amount of such fee shall be as determined by Council. The fee is due and payable in the first year operation within ten days after a conditional zoning certificate has been granted. Thereafter, the fee is due and payable each and every anniversary date of the issuance if the conditional zoning certificate for such wells, in successive years and during the life of the well and until such well is properly plugged in accordance with the applicable State and local regulations. The failure to pay the fee as set forth in this subsection shall be grounds for revocation of the conditional zoning certificate for such well drilling operations.
(Ord. 25-2011. Passed 9-20-11.)

1165.45 PENALTY.

   (a)   Any person, firm or corporation who or which shall violate any section of this chapter shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.
   (b)   In additional to any criminal penalty, violation of any section of this chapter shall be considered a nuisance, and the Law Director, on the recommendation of the Zoning Inspector, shall pursue appropriate remedies in any court of competent jurisdiction.
(Ord. 25-2011. Passed 9-20-11.)

1167.01 PURPOSE AND INTENT.

   The purpose of this chapter is to regulate grading, excavation, and embankment and other activities that change the existing elevations or contours of the land and where such activities:
   (a)    Occur within a developed parcel.
   (b)    Are necessary or desired to enhance the property, prevent erosion and/or improve drainage.
   (c)    Are not parts of a proposed development or expansion or modification of an existing development.
   (d)    Are not part of an expansion or modification of an existing structure or the construction of an accessory structure.
      (Ord. 25-2011. Passed 9-20-11.)

1167.03 PROHIBITION OF CERTAIN CHANGES.

   Grading, excavation, embankment or other activities shall not change the grade of parcel of land such that the change:
   (a)    Creates a nuisance by obstructing or altering the natural or existing drainage; or
   (b)    Adversely affects adjacent property by the diversion of surface water or by the increase in the surface water run-off rate; or
   (c)    Interferes with or obstructs the public or private water system, or the public or private sanitary system or storm sewer system; or
   (d)    Is within a riparian area which is subject to Chapter 1179.
      (Ord. 25-2011. Passed 9-20-11.)

1167.05 GRADING, EXCAVATION AND EMBANKMENT ALLOWED WITHOUT A PERMIT.

   Certain grading, excavation and embankment and other work do not require a permit. Permits and/or approval by the Village are not required for any of the following that occurs within a developed parcel:
   (a)    Work that does not change the elevation of the land by more than three feet, is less than or equal to 5% of the parcel area and is sloped 3:1 or flatter.
   (b)    Application of top soil or other material necessary to establish vegetation.
   (c)    Construction of landscape beds, landscape mounds or landscape islands three feet or less in height above the existing grade and less than or equal to 5% of the parcel area and is sloped 3:1 or flatter.
   (d)    Construction of retaining walls three feet or less in height above the existing grade.
   (e)    Installation of rain gardens.
   (f)    Construction of ponds where such ponds meet all of the following requirements:
      (1)   Are not subject to the requirements of the Ohio Department of Natural Resources
      (2)   Embankments are three feet or less in height above the existing grade
      (3)   Are excavated five feet or less below the existing grade
      (4)   The total surface area, including the bottom of the embankment slopes, is less than or equal to 5% of the parcel area.
         (Ord. 25-2011. Passed 9-20-11.)

1167.07 GRADING, EXCAVATION, AND EMBANKMENT REQUIRING COMMISSION APPROVAL.

   Certain grading, excavation and embankment require Commission approval and a permit issued by the Zoning Inspector in accordance with 1167.15. Commission approval is required for any grading, excavation, and embankment that:
   (a)    Does not satisfy the criteria specified in 1167.05; or
   (b)    Occurs within a vacant parcel; or
   (c)    Require a National Pollution Discharge Elimination System permit approval by the Ohio EPA, US Army Corp of Engineers or other federal, state or county agencies.
      (Ord. 25-2011. Passed 9-20-11.)

1167.09 GRADING, EXCAVATION, AND EMBANKMENT PROHIBITED UNLESS PERMITTED BY OTHER CHAPTERS.

   Grading, excavation and embankment prohibited in this Chapter may be permitted by other chapters of the Codified Ordinances. Grading, excavation, and embankment and other activities prohibited in this chapter are:
   (a)    Grading, excavation and embankment that is part of a proposed or future development or expansion or modification of an existing development located on the subject parcel or other parcel.
   (b)    Temporary or permanent storage of materials, of any amount or volume, such as but not limited to, top soil, borrow material, sand, gravel, stone, construction material, construction waste material, concrete and asphalt.
   (c)    Stripping of topsoil, excavation, quarrying, mining, or extracting materials from the site.
      (Ord. 25-2011. Passed 9-20-11.)

1167.11 PERMITTED AND PROHIBITED MATERIAL.

   (a)    Embankment or fill materials shall be limited to the following materials:
            (1)    Natural earth and natural stone.
           (2)    Artificial material, if composed of concrete, brick, tile and similar non-contaminated material.
   (b)    No person shall deposit or permit to remain on any land or portion thereof the following:
            (1)    Contaminated materials.
            (2)    Asphalt or other bituminous materials.
            (3)    Garbage or other waste products or debris
         (Ord. 25-2011. Passed 9-20-11.)

1167.13 OTHER REGULATIONS.

   When the provisions within this Chapter conflict with other regulations or other Chapters within the Codified Ordinances, the most restrictive provision shall prevail. This Chapter is not intended to replace or supplement other ordinances or the Subdivision Regulations.
(Ord. 25-2011. Passed 9-20-11.)

1167.15 APPLICATION FOR PERMIT.

   Any person who desires a permit to change the grade of any lot or parcel of land within the Village shall apply to the Zoning Inspector for such a permit, using an application form furnished by the Zoning Inspector. Such person shall post a cash deposit and bond in an amount to be determined by the Zoning Inspector from which the Village Engineer shall be paid for inspections of the permittee's work, at his or her normal hourly rate. The application shall be accompanied by the following:
   (a)   Construction Drawings to be submitted to the Village Engineer for review and comment. The construction drawings shall contain the following:
      (1)    Existing property lines, utilities, buildings, structures, roads and driveways, vegetation, trees, contour lines, elevations and other topographic features on the site and within 25 feet of the site. The drawing shall be based on a recent field survey prepared by a professional surveyor. Summit County GIS mapping or other sources may be used with prior approval by the Engineer.
      (2)    Existing and proposed contour lines, existing and proposed spot elevations, proposed work or other proposed changes to the site.
      (3)    Storm water pollution prevention measures. As a minimum, silt fence shall be shown where necessary to prevent sediment from leaving the site and all disturbed areas shall receive three inches of topsoil and seed or other approved vegetative cover.
      (4)    Applicable construction details and notes.
      (5)    Additional information requested by the Village as necessary to make an informed decision.
   (b)   Drainage calculations as requested by the engineer. Calculations shall be prepared by a qualified professional and in accordance with the Summit County Stormwater Management Program Guidelines or the Ohio Department of Transportation.
   (c)   Approval by other agencies such as but not limited to the Summit Soil and Water Conservation District, Ohio Environmental Protection Agency and the US Army Corp of Engineers.
(Ord. 25-2011. Passed 9-20-11.)

1167.17 PENALTY.

   Any person, whether as an owner, lessee or occupant of property within the Village, or as a contractor under contract with any such person, who violates any of the provisions of this chapter is subject to penalty under Chapter 1105.29 of this Code.
(Ord. 25-2011. Passed 9-20-11.)

1169.01 PURPOSE AND SCOPE.

   (a)    The purpose of this Chapter is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health, safety and welfare of the citizens of the Village of Richfield.
   (b)    This Chapter will:
      (1)   Allow development while minimizing increases in erosion and sedimentation.
      (2)   Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
   (c)   This Chapter applies to all parcels used or being developed in the Village, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1169.01(d).
   (d)   This Chapter does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules. Rules 1501:15-5-01 to 15-5-18 of the Ohio Administrative Code as amended.
(Ord. 25-2011. Passed 9-20-11.)

1169.03 DEFINITIONS.

   For purpose of this Chapter, the following terms shall have the meaning herein indicated:
   (a)    Acre mean a measurement of area equaling 43,560 square feet.
   (b)   Best Management Practices (BMPs) means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to minimize soil erosion and sedimentation and to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
   (c)   Certified Professional in Erosion and Sediment (CPESC) means a professional who has met the requirements of and has been certified by CPESC Inc.
   (d)    Community means the Village of Richfield and its designated representatives, Boards, or Commissions.
   (e)    Construction Entrance means the permitted points of ingress and egress to development areas regulated under this Chapter.
   (f)    Development Area means a parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
   (g)    Disturbed Area means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
   (h)   Drainage means the removal of excess surface water or groundwater from land by surface or subsurface drains.
   (i)   Drainage Area means the area of land contributing surface water to a specific point.
   (j)   Erosion means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
   (k)   Erosion and Sediment Control means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
   (l)   Final Stabilization means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 70% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
   (m)    Landscape Architect means a Professional Landscape Architect registered in the State of Ohio.
   (n)    Larger Common Plan of Development or Sale means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
   (o)    Maximum Extent Practicable means the level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as the National Pollutant Discharge Elimination System (NPDES) Storm Water Phase II, must meet.
   (p)   NPDES: National Pollutant Discharge Elimination System means a regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
   (q)   Ohio EPA NPDES General Construction Permit means a permit issued by the Ohio Environmental Protection Agency to an applicant for the discharge of storm water from sites where construction activity is being conducted with discharges to subsequent receiving waters. (Permit Number OHC000002 as amended)
   (r)   Parcel means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a 'Permanent Parcel Number' assigned by the Summit County Fiscal Office.
   (s)   Person means any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
   (t)    Phasing means the clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
   (u)    Professional Engineer/Surveyor means a professional registered in the State of Ohio by the appropriate board.
   (v)   Qualified Individual means Professional Engineers, Professional Surveyors, and Landscape Architects registered in the State of Ohio or a Certified Professional in Erosion and Sediment Control as recognized by CPESC Inc.
   (w)    Rainwater and Land Development Manual (RWLD) means a manual issued by Ohio Department of Natural Resources. The RWLD Manual contains Ohio's minimum technical standards for post construction storm water quality and erosion and sediment control standards. The most current edition of these standards shall be applicable with this Chapter.
   (x)    Runoff means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
   (y)    Sediment means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
   (z)   Sedimentation means the deposition or settling of sediment.
   (aa)    Setback means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this Chapter.
   (bb)    Soil Disturbing Activity means the clearing, grubbing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
   (cc)    Soil Erodibility means the susceptibility of soil to erosion and the amount and rate of runoff, as measured under the standard unit plot condition. Soil erodibility factors are available in the Summit County Soil Survey.
   (dd)    Summit County Storm Water Management Manual means the Summit County's storm water management requirements developed and updated by the Summit County Engineer.
    (ee)    Summit Soil and Water Conservation District means a subdivision of the State of Ohio organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereafter referred to as Summit SWCD.
    (ff)    Stabilization means the use of BMPs, such as seeding and mulching, that reduces or prevents soil erosion by water, wind, ice, gravity, or a combination of those forces.
   (gg)   Stream means the surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.
(ORC 6105.01).
    (hh)    Storm Water Pollution Prevention Plan (SWP3) means the written document that sets forth the plans and practices to be used to meet the requirements of this Chapter.
    (ii)    Storm Water Pollution Prevention Plan Checklist means the details of the minimum requirements of a SWP3 in Summit County, available at the Summit SWCD office.
    (jj)   Unstable Soils means a portion of land that is identified by the Summit County Engineer, Summit County Building Standards and/or the Summit SWCD as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having low soil strength.
    (kk)    Water Resource means any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
    (ll)   Wetland means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (33 CFR part 328, as amended).
    (mm)    Wetland Professional means an individual with training and experience in wetland delineation acceptable to the Army Corp of Engineers.
      (Ord. 25-2011. Passed 9-20-11.)

1169.05 DISCLAIMER OF LIABILITY.

   Compliance with the provisions of this Chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this Chapter 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. 25-2011. Passed 9-20-11.)

1169.07 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

   (a)    Where this Chapter is in conflict with other provisions of law, regulation, or ordinance, the most restrictive provisions shall prevail.
   (b)    If any clause, section, or provision of this Chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
   (c)   This Chapter shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this Chapter shall not be a defense in any action to abate such a nuisance.
   (d)    Failure of the Village 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 there from, and shall not result in the Village, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(Ord. 25-2011. Passed 9-20-11.

1169.09 REGULATED ACTIVITIES.

   (a)    This Chapter requires that a Storm Water Pollution Prevention Plan (SWP3) be developed and implemented for all parcels of one (1) acre or more and on which any regulated activity of Section 1169.01(c) is proposed. For parcels less than one acre in size a SWP3 may not be required; however the owner shall comply with all other provisions of this ordinance.
(Ord. 25-2011. Passed 9-20-11.)

1169.11 APPLICATION PROCEDURES.

   (a)    Soil disturbing activities submitting a storm water pollution prevention plan: The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the Summit SWCD and two (2) sets of the SWP3 to the Village Engineer as follows:
      (1)    For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.
      (2)    For other construction projects: 30 days prior to soil disturbing activity.
      (3)   For general clearing projects: 30 days prior to soil disturbing activity.
   (b)   The Summit SWCD shall review the plans submitted pursuant to Section 1169.11(a) for conformance with current NPDES permit requirements and this Chapter and approve, or return with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.
   (c)   Soil disturbing activities shall not begin, and final plat approvals will not be issued without an approved SWP3.
   (d)   A pre-construction meeting must be held with the Summit SWCD inspector prior to earthwork activities. The applicant, contractor, and applicant's engineer should be in attendance at the pre-construction meeting.
   (e)   A SWP3 for individual sublots in a subdivision may not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this Chapter.
   (f)   Approvals issued in accordance with this Chapter shall remain valid for two years. If regulations concerning erosion and sediment control or storm water quality change prior to the beginning of active construction, a new SWP3 may be requested.
(Ord. 25-2011. Passed 9-20-11.)

1169.13 STORM WATER POLLUTION PREVENTION PLAN.

   (a)   The applicant shall submit a Storm Water Pollution Prevention Plan (SWP3) consistent with the requirements of the most recent Ohio EPA NPDES General Construction Permit. For specific requirements of a SWP3 the designer shall refer to the NPDES Ohio general construction permit and the Summit SWCD SWP3 Check List. The SWP3 must address erosion and sediment control during construction as well as post construction water quality practices. Post construction practices must meet the requirements of the NPDES Ohio general construction permit and the Summit County Storm Water Management Manual.
   (b)    The SWP3 shall be certified by a Qualified Individual.
   (c)    The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources or other technical manuals approved by the Summit SWCD.
   (d)    Trapping Efficiency: All sediment basins and traps must maintain a minimum 75% trapping efficiency throughout the construction period as determined by engineering calculations contained within the Summit County Water Quality and Trapping Efficiency Program. The approved program to determine trapping efficiency is available through the Summit SWCD.
   (e)    Soils Erodibility Report: The Summit SWCD may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion. This report shall contain all the information listed below.
      (1)    Data regarding the nature and erodibility of existing soils.
      (2)    If applicable, data regarding the nature and erodibility of the soil to be placed on the site.
      (3)    Conclusions and recommendations for grading procedures.
      (4)    Conclusions and recommended designs for interim soil stabilization devices and measures, for permanent soil stabilization after construction is completed.
         (Ord. 25-2011. Passed 9-20-11.)

1169.15 COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS.

   All submittals are required to show proof of compliance with all state and federal regulations. Approvals issued in accordance with this Chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below:
   (a)    Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
   (b)   Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.
   (c)    Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.
   (d)    Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
      (1)    A statement from a qualified wetland professional that has determined that Section 404 of the Clean Water Act is not applicable.
      (2)   A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.
   (e)    Ohio Dam Safety Law: Proof of compliance shall be a copy of the Ohio Department of Natural Resources Division of Water permit application tracking number, a copy of the project approval letter from the Ohio Department of Natural Resources Division of Water, or a letter from the applicant's engineer certifying and explaining why the Ohio Dam Safety Law is not applicable.
   (f)    Village Riparian Setback Ordinance 56-2002 Chapter 1179 : Proof of compliance shall be a copy of the Summit SWCD approval letter, and or zoning certificate from those entities which have adopted the legislation. Riparian setbacks must be shown on the SWP3.
      (Ord. 25-2011. Passed 9-20-11.)

1169.17 PERFORMANCE STANDARDS.

   (a)    The SWP3 must contain a description and location of all appropriate BMPs for each construction operation. Prior to the start of grading and within seven days from the start of grubbing, the applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the person(s) responsible for implementation. The time frame for SWP3 implementation shall be consistent with the current Ohio EPA NPDES Construction permit. No project subject to this Chapter shall commence without a SWP3 or approved by the Summit SWCD. No project subject to this Chapter shall commence without a pre-construction meeting being held with the Summit SWCD. It will be the applicant's responsibility to contact the SWCD.
   (b)   The applicant shall inform all contractors and subcontractors not otherwise defined as "operators" as defined in the Ohio EPA's NPDES Permit, who will be involved in the implementation of the SWP3 of the terms and conditions of the SWP3. The applicant shall maintain a written document containing the signatures of all contractors and subcontractors involved in the implementation of the SWP3 as proof acknowledging that they have reviewed and understand the conditions and responsibilities of the SWP3. The written document shall be created and signatures shall be obtained prior to commencement of work on the construction site. A copy shall be provided to the Summit SWCD prior to commencing with the project.
   (c)    All projects regardless of the area of disturbance must utilize BMP's to minimize erosion and off site sedimentation. The controls shall include the following minimum components:
      (1)    During active construction:
         A.    Non-structural preservation measures: The applicant must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.
            1.    Stream protection: The requirements of Chapter 1179 Riparian Setbacks of the Codified Ordinances of the Village shall be followed.
            2.    Wetland Protection: The setback requirements of the Village Subdivision Regulations shall be followed in addition to state and federal regulations.
         B.   Erosion control practices: The applicant must make use of erosion controls that are capable of providing cover over 70% of disturbed soils. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.
         C.   Runoff control practices: The applicant must make use of measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, and diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.
         D.   Sediment control practices: The applicant must install structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than s even days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding or filtering runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment-settling pond.
         E.   Non-sediment pollutant controls: No solid or liquid waste, including building materials and concrete wash out water shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands.
         F.   Compliance with other requirements: The SWP3 shall be consistent with applicable state and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.
         G.   Trench and ground water control: There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
         H.   Applicant Inspections: An initial inspection of all erosion and sediment control practices shall be conducted by a qualified individual to certify that the installations comply with the approved SWP3. All controls on the site shall be inspected by the applicant's agent at least once every seven-calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The applicant shall assign a qualified individual to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Internal inspections and documentation of corrective actions taken must be made available upon request.
         I.   Maintenance: The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Summit SWCD.
            1.   When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
                i.   When practices require repair or maintenance: If an inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
               ii.   When practices fail to provide their intended function: If an inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten days of the inspection.
               iii.   When practices depicted on the SWP3 are not installed. If an inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
         J.   Final stabilization: All soil disturbing activities are complete and a uniform perennial vegetative cover with a density of 70% coverage for the area has been established on all unpaved areas and areas not covered by permanent structures. In addition, all temporary erosion and sediment control practices have been removed and disposed of in an acceptable manner.
      (2)    Post construction water quality practices.
         A.   Non-structural water quality practices: Non-structural post construction best management practices include preservation, planning, or procedures that direct development away from water resources or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.
              1.    All non-structural water quality practices must be protected from disturbance through the construction phase of the project.
              2.    All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.
         B.   Structural water quality practices: Structural post construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration, or infiltration.
            1.   All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control during development sediments must be removed prior to the basin being used for post construction storm water quality.
            2.    Maintenance: The post construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement. The Village shall not be responsible for the maintenance of post-construction water quality practices unless explicitly stated in the Storm Water Management Maintenance Agreement. If necessary, the Village may perform maintenance work and assess the responsible parties for the cost of the work.
               (Ord. 25-2011. Passed 9-20-11.)

1169.19 FEES.

   A Storm Water Pollution Prevention Plan and Abbreviated Storm Water Pollution Plan review, filing, and inspection fee is part of a complete submittal. Fees are required to be submitted to the Summit SWCD and the Village before the review process begins. The Summit SWCD shall provide a current fee schedule and the Village Engineer will submit a fee schedule upon request.
(Ord. 25-2011. Passed 9-20-11.)

1169.21 BOND.

   If a Storm Water Pollution Prevention Plan is required by this Chapter, then a performance and maintenance bond shall be posted according to the Village Subdivision Regulations. No project will be released from the bond if there is failure to comply with an approved SWP3.
(Ord. 25-2011. Passed 9-20-11.)

1169.23 ENFORCEMENT.

   (a)    All development areas will be subject to inspections by the Village and/or the Summit SWCD to ensure compliance with the approved SWP3.
   (b)    After each inspection the Village and/or the Summit SWCD shall prepare and distribute a status report to the applicant.
   (c)   If an inspection determines that operations are being conducted in violation of the approved SWP3 the Village and/or the Summit SWCD may take action as detailed in Section 1169.25 of this Chapter.
(Ord. 25-2011. Passed 9-20-11.)

1169.25 VIOLATIONS.

   (a)    No person shall violate or cause or knowingly permit to be violated any of the provisions of this Chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this Chapter, or knowingly use or cause or permit the use of any lands in violation of this Chapter or in violation of any permit granted under this Chapter.
   (b)   Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed 90 days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for the public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of a written notice.
(Ord. 25-2011. Passed 9-20-11.)

1169.27 APPEALS.

   Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village in relation to this regulation may appeal to the Board of the Village pursuant to Chapter 1107 of the Zoning Code. The aggrieved party may appeal the decision of the Board to the Court of Common Pleas. Written notice of appeal shall be served on the Village and a copy shall be provided to the Board.
(Ord. 25-2011. Passed 9-20-11.)

1169.29 PENALTY.

   (a)    Any person, firm, entity or corporation, including but not limited to the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor, who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars $500.00 or imprisoned for no more than 60 days, or both, for each offense. A separate offense shall be deemed committed for each day during or on which a violation or noncompliance occurs or continues.
   (b)    The imposition of any other penalties provided herein shall not preclude the Village from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village.
(Ord. 25-2011. Passed 9-20-11.)

1171.01 PURPOSE.

   Development plans are comprehensive site plans required for certain land uses in order to achieve the most desirable arrangement of buildings, off-street parking, and other site improvements including landscaping, drainage, exterior lighting and signage.
(Ord. 25-2011. Passed 9-20-11.)

1171.03 DEVELOPMENT PLANS REQUIRED.

   Prior to the issuance of a zoning certificate, development plans shall be approved by the Commission for all new developments, site improvements or building additions for the following uses:
   Residential Districts:
      RR, R-1, R-2, R-3: All conditional uses
      R-4: All permitted, conditional and accessory uses except
         for detached single-family dwellings
   Commercial Districts: All permitted, conditional and accessory uses except
         for single-family detached dwellings in the CH-I and CH-II Districts
   Industrial Districts: All permitted, conditional and accessory uses.
(Ord. 25-2011. Passed 9-20-11.)

1171.05 PRESUBMISSION CONFERENCE.

   Prior to submission of development plans the applicant may request a meeting with the Zoning Inspector and other Village representatives to review concepts regarding the proposed development. No formal action or approval will be given.
(Ord. 25-2011. Passed 9-20-11.)

1171.07 DEVELOPMENT PLANS SUBMITTAL.

   Development plans shall be prepared by a registered professional and submitted to the Zoning Inspector to be reviewed by the Commission. A complete application by the property owner or his authorized agent shall be received by the Zoning Inspector not less than 14 days prior to a regularly scheduled Commission meeting in order to be placed on the agenda for that meeting. Each application shall be accompanied by the payment of a fee as established by Council.
   (a)    Application Contents. Applications for a development plan approval shall contain the following:
      (1)    The name, address and telephone number of the applicant requesting the certificate.
      (2)    The name, address and telephone number of the property owners(s).
      (3)    The location of the property, including the street address.
      (4)    A brief description of the intended use.
      (5)    The current and desired zoning classification of the property.
      (6)    A listing of all property owners within 500 feet of the subject property.
      (7)    Preliminary development plan as outlined in Section 1171.09.
         (Ord. 25-2011. Passed 9-20-11.)

1171.09 PRELIMINARY DEVELOPMENT PLAN.

   A preliminary development plan shall be drawn at a scale of not less than 50 feet to one inch and shall include the following:
   (a)    Property Map. An accurate map of the property showing land owned and proposed for development; adjoining lots, location of oil and gas wells, existing improvements and utilities, easements, zoning on subject property and on adjoining properties and nearest buildings on adjacent properties.
   (b)    Topography. Contours at two-foot intervals as shown on current GIS maps of the Summit County Engineer for the subject property and for adjoining parcels.
   (c)    Buildings. The location, area, height, use and preliminary design, materials and colors of all existing and proposed main and accessory buildings.
   (d)    Preliminary grading and erosion control plan prepared by a registered professional.
   (e)    Traffic. The proposed system of on-site vehicular circulation, and locations of access drives.
    (f)    Parking Areas. The layout and estimate of the number of spaces; distances from parking areas and drives to property lines, existing and proposed buildings and public rights-of-way.
   (g)    Signs. The location, size, and height, of all signs to be placed on the property.
   (h)    Landscaping. The location, and size of areas to be landscaped.
   (i)    Storm Water Retention. Location and area of proposed storm water detention/retention areas. The Village may require preliminary volume calculations and grading.
   (j)    Riparian Setbacks. Location and extent of riparian setbacks as required by ordinance on the subject property.
   (k)    Utilities. A conceptual layout of water lines, sanitary sewers and storm sewers.
   (l)    Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, easements, sureties and other instruments as may be required.
   (m)    Additional Information. Additional information may be required for the Commission to make an informed decision.
      (Ord. 25-2011. Passed 9-20-11.)

1171.11 REVIEW AND APPROVAL PROCEDURES.

   (a)   Review by Staff and Consultants. The application shall be referred to Village Departments and to the Village Engineer and other Village consultants for review and comment.
   (b)   Review by Commission. The Commission shall review the complete application package as transmitted by the Zoning Inspector in terms of the standards established in this Zoning Code. If deemed necessary, the Commission or Zoning Inspector, with notice to the applicant, may refer an application to other qualified consultants for review. All costs associated with outside consultant reviews shall be at the sole expense of the applicant. Zoning certificates will not be issued by the Zoning Inspector until all such costs are paid in full to the Village.
   (c)   Building and Site Design Standards. In addition to all other applicable standards in this Code, and the Village's Technical Design Standards, applicants are required to meet these minimum thresholds and are encouraged to exceed them as the design evolves. The Zoning Inspector and Commission shall be guided by the following standards in reviewing each application for a zoning certificate:
      (1)   Materials shall be appropriate for the use of the building, for weathering and for relationship to other materials including those used on adjacent buildings. Unless specifically approved by the Planning Commission on an individual basis (such as in a "high style" contemporary/modern design), exterior finish materials shall not terminate at outside corners and shall be of consistent character and level of finish at all building elevations. Surrounding context will also be taken into consideration by the Zoning Inspector and Commission on a case-by-case basis.
      (2)   Unless otherwise approved by the Planning Commission, non-residential buildings shall be clad in masonry materials. Four-inch split-faced block is acceptable, with eight-inch split-faced block only permissible on side or rear building elevations (unless facing a street).
      (3)   Colors and textures shall be appropriate for the size and scale of the building, for weathering, and for relationship to the site and adjacent buildings. The use of a single color on homes in a subdivision is not permitted.
      (4)   Architectural details and ornaments shall be meaningful to the overall design, and appropriate for the size and scale of the buildings, and for weathering. Architectural details, ornaments, finishes, fenestration quality (and quantity where feasible and practical), design intent of massing/scale/depth/shadow shall be of consistent character, intent, and appearance for all sides of the building, whether or not visible from a dedicated roadway. The articulation of facades and the attentive massing of structures give them relief, richness, visual interest, and scale and are required. Long, uninterrupted exterior walls devoid of detail, fenestration, and articulation should be avoided. The use of augmented levels of fenestration at principal facades is encouraged.
      (5)   Accessory buildings shall be compatible in design and materials as the main structure. The ground floor area of an accessory building cannot exceed 75% of the area of the ground floor area of the principal structure. In no case shall the total area of an accessory structure exceed the area of the principal structure. Accessory buildings cannot be located or constructed on a property without a principal structure.
      (6)   Mechanical equipment shall be considered as it affects rooftop appearance, sidewall openings, sound levels, smoke and other nuisance aspects; and as it related to overhead wires, gas and electric meter stations and any other visible appurtenances. Rooftop-mounted mechanical equipment shall be set back from building edges. Where visible from viewpoint origins as determined by Zoning Inspector and/or Commission, mechanical equipment shall be screened from view. Mechanical equipment screens shall be compatible in design and materials to the main structure.
      (7)   Approaches, drives and parking areas shall be considered as they affect the appearance from the street and from the site, as well. The relationship of paving to the building shall be appropriate considering factors such as safety, drainage and landscaping.
      (8)   All non-residential drives and parking areas shall be paved with concrete or bituminous concrete or other hard surfaced materials. Chip and seal is not permitted for non-residential drives and parking areas. Drives and parking areas can be constructed using permeable materials such as brick pavers, concrete and asphalt.
      (9)   Landscaping shall be appropriate for the size and use of the area, and for its relationship to building, street, parking area, walks and adjacent buildings. Yards shall be landscaped and maintained with grass, trees, and shrubs. In non-residential zoning districts parking in front of a building shall be appropriately screened with shrubs, trees or landscaped earthen mounds.
      (10)   Security fences, i.e. chain-link fencing shall not be permitted in the O/LI or I Districts in front of any building or other side yard setbacks of a corner lot. Security fences shall be appropriately screened with trees and shrubs from a public street. Security fences (other than agricultural containment fences) are not permitted to be electrified by any means.
      (11)   All trash containers and trash storage areas shall be screened with a six-foot high masonry enclosure on three sides and a board-on-board gate on the front. In the Industrial District, all outside storage areas shall be enclosed and screened from the view of adjacent properties.
      (12)   Lighting shall be considered for the appropriateness of nighttime illumination of the grounds, drives, walks, parking areas, the building and its affect upon surrounding areas. Lighting shall conform with the standards set forth by the International Dark-Sky Association (or reasonable equivalents).
      (13)   Signs shall be considered for appropriateness of size, scale, shape, color and illumination in relation to building and site.
      (14)   Buildings adjacent to Interstate highways shall be designed and landscaped to be visually attractive as seen from the highways.
      (15)   The application shall comply with all relevant land planning and zoning regulations, standards and criteria.
      (16)   The development shall be coordinated and integrated with the surrounding natural and man-made features.
      (17)   The development shall be coordinated and integrated with the surrounding development considering both site development and architecture. The developer shall be required to conform to any local plans for the area established by the Commission.
         (Ord. 13-2019. Passed 7-2-19.)
   (d)    Modifications Permitted in Residential Districts. Where application of a provision in the code would result in a development that, in the opinion of the Commission, would not be satisfactory for the zoning district the Commission may require adjustments in the development plan (such as improvement to the design and arrangement of buildings, yards, on-site circulation, access drives, and such other features as fences, planting or other landscape feature) to further improve the proposed development and to protect the surrounding developments.
   (e)    Modifications Permitted in Commercial and Industrial Districts. The Commission may make adjustments to certain yard requirements in order to attain greater openness and other amenities by skillful design in the arrangement of buildings, the layout of drives, on-site circulation and parking areas and the design of landscaping or other site features provided:
      (1)   The total yard area of the lot shall be not less than required under the zoning district regulations;
      (2)   The maximum percent of the lot occupied by buildings shall not be in excess of that permitted in the zoning district;
      (3)   The required percent of lot to be landscaped shall not be reduced;
      (4)   Front yards of buildings may be reduced by not more than 50% of the required distance;
      (5)   Side or rear yards of a one or two story building may be reduced by not more than 50% of the required distance but not less than 15 feet only when adjacent to non-residential districts;
      (6)   Front yards of parking areas may be reduced by not more than 50% of the required distance but not less than 25 feet;
      (7)   Side or rear yards of parking areas may be reduced to five feet only when adjacent to non-residential districts. Elimination of side or rear yards may be permitted when adjoining an existing or planned parking area in a non-residential district.
   (f)   Action by Commission. The Commission shall take action on the preliminary development plan within 45 days from the date of the Commission meeting at which all required plans and data were received. The Commission may approve the preliminary development plan as submitted, table the plan as submitted, approve the preliminary development plan as modified and agreed to by the applicant, or not approve the preliminary development plan as submitted.
(Ord. 25-2011. Passed 9-20-11.)

1171.13 FINAL DEVELOPMENT PLANS.

   Upon approval of a preliminary development plan, the developer shall prepare and submit a final development plan(s) to the Commission. Upon receipt of a final development plan, the Zoning Inspector shall transmit a copy of the final development plan, including detailed construction plans and specifications, to the Village Departments and to the Village Engineer and other Village consultants for their reviews, reports and recommendations. The final development plan shall incorporate agreed upon revisions of the preliminary development plan and shall include all the information contained in the preliminary plan and in addition shall include the following:
   (a)    Survey. A survey of the property by a registered surveyor showing topography at one foot intervals, land owned and proposed for development, adjoining lots, easements, required riparian corridors, and location of oil and gas wells.
   (b)    Buildings. The final design, dimensions, materials, and colors of the existing/proposed main and accessory buildings.
   (c)    Traffic. Methods for control of traffic; width and location of access drives; type of pavement and curbing.
   (d)    Parking Areas. The number of spaces; type of pavement.
   (e)    Utilities. The location, size and grade for all utility installations and connections to present or proposed facilities.
   (f)    Signs. The type of illumination, materials, colors and contents of all signs to be placed on the property.
   (g)    Grading and Erosion Control Plan Final Plan by a registered professional.
   (h)    Landscaping Plan. Location, number and size of plant materials, their scientific and common names.
   (i)    Exterior Lighting Plan. Location and height of all exterior fixtures; distribution of proposed lighting levels (foot candles) at finished grade; fixture catalog numbers and shop drawings.
   (j)   Drainage. Drainage and retention systems with engineering documents and calculations as required by the Village Engineer.
   (k)   Floor Plans and Exterior Building Elevations. Floor plans and exterior building elevations at a scale legible and clear on a sheet not less than 24"x 36" showing existing and proposed uses; one building elevation shall be in color.
   (l)   Agreements. Preliminary drafts of all agreements, contracts, additions, deed restrictions, easements, sureties and other instruments as may be required.
   (m)   Additional Information. Additional information may be required for the Commission to make an informed decision.
      (Ord. 25-2011. Passed 9-20-11.)

1171.15 FINAL APPROVAL.

   If after evaluating the reports of the staff and the Village consultants, the Commission finds that a proposed final development plan is in accordance with and represents detailed expansion of the preliminary plan heretofore approved, that it is in conformance with the provision of this Zoning Code and the Subdivision Regulations of the Village, and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Staff and Village consultants, the Commission shall approve the final plan. The decision shall be made within 45 days from the date of the meeting at which reports of staff and Village consultants are received.
(Ord. 25-2011. Passed 9-20-11.)

1171.17 LAPSE OF APPROVAL.

   Failure to obtain a building permit and begin the construction of improvements approved in the development plan within one year after approval shall make null and void the development plan unless the Commission grants an extension of time.
(Ord. 25-2011. Passed 9-20-11.)

1173.01 PURPOSE.

   This Chapter provides for the issuance of conditional zoning certificates for certain types of main uses enumerated in this Zoning Code which are so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements, or other features which are not permitted in certain locations by right. Such uses may be permitted in certain districts with consideration of the effect upon neighboring properties and the public need for the use at a particular location.
(Ord. 25-2011. Passed 9-20-11.)

1173.03 APPLICATION PROCEDURES.

   (a)   General. Any application for a land use or structure that is conditionally permitted shall be submitted in accordance with the following procedures.
   (b)    Application. An application form, including preliminary development plans and supporting information, shall be submitted to the Zoning Inspector. Each application shall establish that the general and specific standards be pertinent to each use indicated herein shall be satisfied by the completion and operation of the proposed conditional use. Each application shall be accompanied by the payment of a fee established by Council. The Zoning Inspector shall review each application for completeness within 14 days of submission.
   (c)    Application Contents. Applications for a conditional zoning certificate shall contain the following:
      (1)   The name, address and telephone number of the applicant requesting the certificate.
      (2)   The name, address and telephone number of the property owners(s).
      (3)   The location of the property, including the street address.
      (4)   A brief description of the intended use.
      (5)   The current and desired zoning classification of the property.
      (6)   A listing of all property owners within 500 feet of the subject property.
      (7)    A statement regarding the requirements enumerated in Section 1173.05.
               
   (d)   Development Plans. Development plans may not be required by the Zoning Inspector if in her/his judgment such plans are not necessary for the Commission to evaluate the application. Development Plans shall contain the information as provided in Chapter 1171.
(Ord. 25-2011. Passed 9-20-11.)

1173.05 BASIS OF DETERMINATION.

   There may be imposed such additional conditions and safeguards as are deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this zoning will be observed. The Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall be convinced that such use on the proposed location:
   (a)    Will be consistent with the general objectives or with any specific objective of the Land Use and Thoroughfare Plan of current adoption;
   (b)   Will be designed, constructed, operated and maintained so as to be compatible and appropriate in appearance with the existing or intended character of the general vicinity, and will not change the essential character of the same area;
   (c)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (d)   Will not be detrimental to property in the immediate vicinity or to the community as a whole;
   (e)   Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
   (f)    Will be in compliance with the Village Subdivision Regulations, the Summit County General Health District and the Summit County Building Code; and
   (g)    Will have vehicular approaches to the property, which shall be so designed as not to create, and interfere with traffic on surrounding public streets or roads.
      (Ord. 25-2011. Passed 9-20-11.)

1173.07 REVIEW AND APPROVAL PROCEDURES.

   (a)    Review by Staff and Consultants. The application shall be referred to Village Departments and to the Village Engineer and other Village consultants for review and comment.
   (b)    Review by Commission. The Commission shall review the complete application package as transmitted by the Zoning Inspector in terms of the standards established in this Zoning Code. If deemed necessary, the Commission, with the consent of the applicant, may refer an application to qualified consultants for review. The cost of such review shall be at the expense of the applicant. The Zoning Inspector shall notify owners of properties within 500 feet, or a larger area if the Zoning Inspector deems it appropriate, of the perimeter of the property proposed for development not less than ten days prior to the meeting at which the application will be considered by the Commission.
   (c)    Action by Commission. The Commission shall take action on the application within 45 days from the date of the Commission meeting at which all required plans and data were received.
   (d)    Call up Authority for Conditionally Permitted Uses. Whenever the Commission reviews and grants either preliminary or final approval of an application for approval of a conditional use or whenever the Board grants either preliminary or final approval of an application for approval of a conditional use upon appeals from a decision of the Commission, such approval shall not become effective for a period of 30 days after the meeting at which the Commission or Board approved the motion for preliminary or final approval of a conditional use. Within said 30-day period, Council, either by letter filed with the Clerk of Council signed by four members of Council or by the affirmative vote of four members of Council, may call up the issue of the approval of the conditional use. Council may at any time during said 30-day period waive its right to exercise such call up authority. Upon Council exercising its call up authority, the action of the Commission or Board in granting preliminary or final approval of the conditional use shall not become effective and Council may review the approval of the conditional use using the same standards as are contained in the Zoning Code governing the Commission's consideration of applications for approval of conditional uses. The Council shall not be bound by any time limit in its deliberations. In any such case in which Council exercises its authority to call up the application for approval of a conditional use under this section, the determination of Council shall have final approval authority over the consideration of application for approval of a conditional use.
(Ord. 25-2011. Passed 9-20-11.)

1173.09 REGULATIONS PERTAINING TO CONDITIONALLY PERMITTED USES IN RESIDENTIAL DISTRICTS.

   (a)    Regulations in this section pertain only to those suggested conditionally permitted uses as specifically referenced. The regulations are listed in this section for ease of reference and to avoid duplication, as they may apply to more than one use.
   (b)    During review of a permit application, the Commission may incorporate the regulations listed in this section that it determines appropriate for the proposed use:
      (1)   All structures and activity areas should be located at least 100 feet from all property lines. Maximum lot coverage by buildings and parking areas shall not exceed 40% of the lot area.
      (2)   Loudspeakers, which cause a hazard or annoyance, shall not be permitted.
      (3)   All points of entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares, or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (4)   No lighting shall constitute a nuisance or in any way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   All schools shall be located on a major thoroughfare or collector road.
      (6)   Such development shall be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (7)   Such development shall be located adjacent to nonresidential uses, such as places of worship, parks and industrial or commercial districts.
      (8)   Site locations shall be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
      (9)   Such uses shall be properly landscaped to be compatible with surrounding residential uses.
      (10)   Such structure shall be located adjacent to parks and other nonresidential uses, such as schools and shopping facilities where use could be made of joint parking facilities.
      (11)   All schools and places of worship shall be served by sanitary sewers and public water.
      (12)   Private stables will not be approved on lots less than four acres. A maximum of two horses, both of which are owned by the lot occupant, may be permitted on a four-acre lot. For each animal over two, the minimum lot size shall be increased by one-half acre. The stable building shall be located on the lot a minimum of 100 feet from any residence, water well or property line. The corral fence shall be at least 25 feet from any property line.
         (Ord. 25-2011. Passed 9-20-11.)

1173.11 PLANNED UNIT DEVELOPMENT IN R-3 DISTRICTS.

   (EDITOR’S NOTE: Former Section 1173.11 was repealed by Ordinance 7-2016.)

1173.13 REGULATIONS PERTAINING TO CONDITIONALLY PERMITTED USES IN COMMERCIAL DISTRICTS.

   (a)   Regulations in this section pertain only to those suggested conditionally permitted uses as specifically referenced. The regulations are listed in this section for ease of reference and to avoid duplication as they may apply to more than one use.
   (b)   During review of a permit application, the Commission may incorporate the regulations listed in this section that it determines appropriate for the proposed use:
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers, which cause a hazard or annoyance, shall not be permitted.
      (3)   All points of entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of major thoroughfare or local street or collector road.
      (4)   No lighting shall constitute a nuisance or in any way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such development should be located on major thoroughfares or at intersections of major thoroughfare or collector roads.
      (6)   Site locations should be preferred that offer natural or manmade barriers that would lessen the effect of intrusion into a residential area.
      (7)   Such uses should be properly landscaped to be compatible with surrounding residential uses.
      (8)   Such structures should be located adjacent to parks and other nonresidential uses, such as schools and shopping facilities, where use could be made of joint parking facilities.
      (9)   A vehicle fuel station shall not be permitted if there are two or more locations in the Village where vehicle fuel is sold at the time of application for conditional use. This provision is inclusive of any non-conforming travel center. If, however, there are less than two locations where vehicle fuel is sold at the time of application, then a Vehicle Fuel Station may be permitted, subject to the following conditions:
         A.    Such facilities shall be located at the extremity of the commercial districts.
         B.    All activities, except those required to be performed at fuel pumps shall be conducted inside a wholly enclosed building. This prohibition on exterior activities includes but is not limited to the exterior marketing, storage, or retail sale of motor vehicle accessories, ice, and propane tanks.
         C.    Fuel pumps shall not be designed to include video screens, video boards, or other audio or visual components unnecessary for the dispensing of fuel.
         D.    Fuel pumps and any related canopy system shall not contain signs as defined by the Planning and Zoning Code.
         E.    No more than two driveway approaches shall be permitted directly from any street or thoroughfare.
         F.    If the property fronts on two or more streets, primary access shall be from the secondary street, the maximum number of driveways shall be three (3), and all driveways shall be located in compliance with the State Highway Access Management Manual.
(10)   Establishments offering "drive-thru" or "pick up" services shall provide a separate vehicle lane separated from the parking area by a curb not less than five inches in height.
      (11)   Car wash facilities subject to the following:
         A.   No more than one access driveway from a public street shall be permitted. If a parcel to be developed with a car wash facility has frontage on two public streets, a second access drive is permitted. However, the location of both driveways must be approved by the Planning Commission. Depending upon the spaces of neighboring driveway locations, the Commission can require limited access (right in/right out only) to either driveway based on consultation with the Village's Planning Director and Engineer.
         B.   Queuing lanes shall be provided to accommodate a minimum of six vehicles per lane (non-automated) and three vehicles per automated lane. Vehicles cannot que in the public street, within the public right-of-way or over a public sidewalk.
         C.   The site shall be designed to provide off-street parking. For fully automated car washes, two spaces are required for each wash lane/stall. For car wash facilities that utilize employees involved in the washing process (e.g., hand drying, waxing, pre-rinse, etc.), one parking space per employee is required in addition to the two spaces per wash lane stall.
         D.   All washing, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed service building, except vacuuming stations and areas designated for hand drying of vehicles.
         E.   Entrances/exits from the car wash facility cannot face residentially zoned properties without extensive landscape screening and/or board-on-board fencing.
         F.   Car wash facilities shall be located a minimum of 200 feet from an adjacent residential structure or be oriented to sufficiently direct sound away from an adjacent residential district.
         G.   Car wash facilities shall be designed for, and restricted to, personal automobiles and shall exclude commercial motor vehicles.
         H.   There shall be no outdoor loudspeakers, public-address systems or menu board speakers associated with the car wash facility.
         I.   Exterior lighting shall contain the Fixed Seal of Approval provided by the International Dark-Sky Association. Lighting without this designation shall not be permitted.
         J.   Car wash facilities must comply with all applicable local, county, state and federal rules and regulations.
         K.   Car wash facilities shall be connected to the Village's public water and sanitary sewer system.
         L.   Any violation of these regulations for an approved permit shall constitute a nuisance and as such a blighting condition on the property and/or the surrounding neighborhood. Any violation of these standards may result in the conditional zoning approval being revoked after a hearing by the Planning Commission.
         M.   A site plan illustrating compliance with the standards shall be provided to the Village in connection with a conditional use permit application. The site plan shall be drawn to an acceptable scale such as one-inch equals 50 feet.
      (12)   When an accessory building or accessory use is proposed to be established on a lot with an established main use in a Commercial District that is adjacent to another lot in the same ownership, the following additional conditions shall be applied to and/or placed on any conditional use approval by the Commission:
         A.   The accessory building or accessory use shall comply with all setback, square footage, height, and impervious surface coverage regulations of the zoning district in which the accessory building or accessory use is to be located;
         B.   The accessory building or accessory use may be permitted on an adjacent lot in the same ownership that is in an Industrial District if the Commission finds that: (i) it is an accessory building or use that would be customarily used with, and clearly incidental and subordinate to, the main use of land or building on the lot in the Industrial District; and (ii) it is compatible with the main use of land and/or building on that lot;
         C.   The accessory building or accessory use shall not be located on any adjacent lot in a Residential District; and
         D.   The accessory building shall be compatible in design and materials with the main building on the lot.
            (Ord. 20-2025. Passed 4-15-25.)

1173.15 REGULATIONS PERTAINING TO CONDITIONALLY PERMITTED USES IN INDUSTRIAL DISTRICTS.

   (a)   Regulations in this section pertain only to those suggested conditionally permitted uses as specifically referenced. The regulations are listed in this section for ease of reference and to avoid duplication as they may apply to more than one use.
   (b)   During review of a permit application, the Commission may incorporate the regulations listed in this section that it determines appropriate for the proposed use:
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loudspeakers, which cause a hazard or annoyance, shall not be permitted.
      (3)   All points of entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares, or no closer than 100 feet from the intersection of a major thoroughfare and a local street or collector road.
      (4)   No lighting shall constitute a nuisance or in any way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such development should be located on major thoroughfares or at intersections of major thoroughfares and/or collector streets.
      (6)   Such development should be located adjacent to non-residential uses, such as places of worship, parks or industrial or commercial districts.
      (7)   Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
      (8)   Such uses should be properly landscaped to be compatible with surrounding residential uses.
      (9)   Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and proven hazards and damage to other properties in the community.
      (10)   No site shall be used for the storage of trucks, vehicles, trailers, or anything else capable of moving on a public roadway.
(11)   Maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(12)   Trucking terminals shall be permitted in the Industrial District only upon compliance with the following provisions of this section and conditions deemed by the Commission to be necessary for the promotion of the public health, safety, morals and general welfare, and the approval by the Commission of a site plan of the proposed development:
A.   Every portion of the property used for buildings shall be located no closer than 100 feet to any R-District; at least 50 feet (nearest the residential zone) of the 100 feet shall be landscaped in an orderly fashion and a solid board fence, masonry wall or other type of fence approved by the Commission shall be constructed along the interior line of the required landscaped area to a height of six feet, effectively screening truck loading, unloading and maneuvering activities from the view of any abutting R-District.
B.   Access for motor freight vehicles shall be by way of streets of adequate width, construction and existing or planned function according to the Land Use and Thoroughfare Plan.
C.   In addition to adequate area within the site for docking, manipulation and maneuvering of motor freight vehicles waiting to be loaded or unloaded, additional space shall be provided at the rate of parking space sufficient to park a motor freight vehicle for every four loading docks.
D.   The site shall be designed in such a manner as to permit foreword movement of all vehicles both upon entering and upon leaving the site.
E.   The number, location and width of entrances to and exits from the site shall be determined by the Commission, which may obtain expert opinion on the specific site proposal.
(13)   All above ground storage of flammable materials shall be located not less than 100 feet from the nearest property line; a fence at least six feet in height with a gate that locks shall be constructed completely surrounding the storage facilities and the site shall be graded and ditches shall be provided to prevent the possible spread of flammable liquids beyond the site should leakage occur.
(14)   Vehicle Repair Station or Truck Servicing Station shall be permitted under the following conditions:
         A.    All activities shall be conducted inside a wholly enclosed building. This prohibition on exterior activities includes but is not limited to the exterior marketing, storage, or retail sale of any good or service.
         B.    All vehicles, inventory, parts, equipment, tools, and every other item shall be stored or kept inside a wholly enclosed building, except when said items are temporarily stored or kept outdoors for the purposes of customer drop-off or pick-up.
         C.    Exterior areas designated for temporary outdoor drop-off or pick-up shall be paved and screened from public view in accordance with the requirements of the Planning and Zoning Code.
         D.    Exterior areas designated for temporary outdoor drop-off or pick-up shall not disrupt or impede the off-street parking facilities required by the Planning and Zoning Code.      (15)   Shooting range (indoor) subject to the following:
         A.   The proposed use shall not generate excessive noise beyond the premises. Planning Commission may require noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District. Acceptable levels of noise or sound can be found in the most recent edition of “The NRA Range Source Book”.
         B.   Buildings in which indoor shooting ranges are provided shall be located a minimum of 200 feet from an adjacent residential structure or be oriented to sufficiently direct sound away from an adjacent residential district.
         C.   The hours of operation may be limited by the Commission but in no case shall such uses operate any earlier than 7:00 a.m. and no later than 11:00 p.m.
         D.   A readable sign subject to the Village’s sign regulations shall be displayed at the main entrance identifying the establishment as an indoor shooting range.
         E.   A safety plan shall be submitted to the Commission and conditioned with any approved application. At a minimum, the safety plan must include gun handling rules, general and specific range rules, and administrative rules and regulations. Approved firearms safety rules shall be prominently displayed in the shooting area and range personnel must be responsible for enforcing the rules.
         F.   The shooting range shall comply with all applicable federal and state rules and regulations. Moreover, the use and building shall conform with all applicable Ohio Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment and
outside noise standards.
         G.   The design and construction of the shooting range shall completely confine all fired projectiles within the building and in a controlled manner.
         H.   The design of the shooting range shall be certified by a professional engineer and/or architect registered in the state. The certified plans shall include the specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to completely confine. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.
         I.   If retail sale and repair of weapons and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms. Retail sales of weapons, ammunition and food/drinks shall not exceed 10% of the gross floor area dedicated to the indoor shooting range use.
         J.   The permittee shall be required to carry a minimum of $1,000,000 of liability insurance. Such insurance shall name the Village of Richfield as an additional insured party and shall save and hold Richfield Village, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any property damage or personal injury arising out of the acts or omissions of the permittee, his/her group, club, or its agents or representatives. The range owner shall provide a copy of the certificate of insurance yearly to the Planning and Zoning Department and notify the Village Finance Director and Mayor in writing of any policy changes or lapses in coverage.
         K.   The Planning Commission and Village Council reserve the right to review or modify the performance standards for the shooting range.
         L.   Any violation of these regulations for an approved permit shall constitute a nuisance and as such a blighting condition on the property and/or the surrounding neighborhood. Any violation of these standards may result in the conditional zoning approval being revoked after a hearing by the Planning Commission.
         M.   Outdoor lighting, off-street parking and landscaping shall comply with all applicable Village ordinances.
N.   A site plan illustrating compliance with the standards shall be provided to the Village in connection with a conditional use permit application. The site plan shall be drawn to an acceptable scale such as one-inch equals 50 feet.
            (Res. 28-2018. Passed 6-26-18.)
      (16)   When an accessory building or accessory use is proposed to be established on a lot with an established main use in an Industrial District that is adjacent to another lot in the same ownership, the following additional conditions shall be applied to and/or placed on any conditional use approval by the Commission:
         A.   The accessory building or accessory use shall comply with all setback, square footage, height, and imperious surface coverage regulations of the zoning district in which the accessory building or accessory use is to be located;
         B.   The accessory building or accessory use may be permitted on an adjacent lot in the same ownership that is in a Commercial District if the Commission finds that: (i) it is an accessory building or use that would be customarily used with, and clearly incidental and subordinate to, the main use of land or building on the lot in the Industrial District; and (ii) is compatible with the main use of land and/or building on that lot;
         C.   The accessory building or accessory use shall not be located on any adjacent lot in a Residential District; and
         D.   The accessory building shall be compatible in design and materials with the main building on the lot.
            (Ord. 20-2025. Passed 4-15-25.)

1173.17 ADDITIONAL CONDITIONS.

   The Commission shall have the power to impose additional conditions where it deems it necessary to safeguard the health, safety and welfare of the community.
(Ord. 25-2011. Passed 9-20-11.)

1173.19 VIOLATION AND REVOCATION OF CERTIFICATE: PENALTY.

   The breach of any condition or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Code. Such violation shall be punishable in accordance with Section 1105.29.
(Ord. 25-2011. Passed 9-20-11.)

1173.21 REAPPLICATION.

   No application for a conditional zoning certificate which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence, or proof of changed conditions which would be sufficient to justify reconsideration. At the expiration of one year from the date of the original application, each reapplication shall be accompanied by a fee, as set forth by Council.
(Ord. 25-2011. Passed 9-20-11.)

1173.23 TERMINATION AND EXTENSION.

   The conditional zoning certificate shall become void at the expiration of one year after the date of issuance, unless the structure or alteration thereof is started or an occupancy certificate is obtained.
   Prior to the expiration of a conditional zoning certificate, the Commission may grant a one year extension of the approval provided an applicant demonstrates good cause or need for the extension
(Ord. 83-2011. Passed 12-6-11.)

1173.25 CONTINUATION OF EXISTING USES CONDITIONALLY PERMITTED.

   All uses existing at the time of passage of this Zoning Code, or amendments thereto, and conditionally permitted in the respective districts under this Zoning Code, shall be issued conditional zoning certificates by the Commission within one year after the passage of this Zoning Code, or amendments thereto.
(Ord. 25-2011. Passed 9-20-11.)

1175.01 PURPOSE.

   The Wireless Telecommunication Facility Chapter accommodates transmitters, towers and antennas, for use in providing personal wireless services in a variety of zoned districts, contingent upon having met specified requirements, conditions and design criteria. This chapter will help minimize the visual impact of the towers and associated facilities through landscape buffering, selective design and construction, setbacks for location and the removal of such facilities when no longer in use. This chapter encourages co-location of installations on common towers whenever feasible, minimizing the need for additional towers. This process is directed at maintaining a balance between the Village's right to preserve its land use policies for health, safety, welfare and aesthetics, while allowing the federal government to provide for and spur competition in the telecommunication industry.
(Ord. 25-2011. Passed 9-20-11.)

1175.03 DEFINITIONS.

   (a)   Co-location means the use of a wireless telecommunication facility by more than one wireless telecommunication provider.
   (b)   Lattice tower means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure, which often tapers from the foundation.
   (c)   Monopole means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
   (d)   Personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by Federal Law at 47 U.S.C. 332(c)(7).
   (e)   Technically suitable means the location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the Village.
   (f)   Telecommunication(s) means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term "personal wireless services."
   (g)   Wireless telecommunication antenna means the physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
   (h)   Wireless telecommunication equipment shelter means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   (i)   Wireless telecommunication facility means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone lines for the provision of personal wireless services.
   (j)    Wireless telecommunication tower means any structure which elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
(Ord. 25-2011. Passed 9-20-11.)

1175.05 COMMERCIAL AND INDUSTRIAL DISTRICTS.

   Wireless telecommunication facilities are conditionally permitted in only the Industrial District and that portion of the C-2 District that fronts on Brecksville Road north of Interstate 77 as of the effective date of this chapter, under the following conditions:
   (a)   Sole Use on a Lot. A wireless telecommunications facility is conditionally permitted as a sole use on a lot subject to the following:
      (1)   Minimum lot size: 4 acres.
      (2)   Minimum yard restrictions:
         A.    Tower: Side, rear yard setback: the minimum distance 200 feet or the height of the tower to any residential use or residential district lot line, whichever is greater.
               Front yard setback: the height of the tower plus 100 feet
         B.    Equipment Shelter:
              Front yard setback: 100 feet
             Side yard setback: 25 feet
              Rear yard setback: 50 feet
      (3)   Maximum height:
         A.    Tower: less than 200 feet (includes antenna).
         B.    Equipment Shelter: 15 feet
      (4)    Maximum size of equipment shelter: Total building space shall not exceed 750 square feet.
   (b)   Combined with Another Use. A wireless telecommunication facility is conditionally permitted on a property with an existing use subject to the following conditions:
      (1)   Minimum setback requirements:
         A.    Tower: Side, rear yard setback: a minimum distance of 200 feet or the height of the tower to any residential use or residential district lot line, whichever is greater.
              Front yard setback: the height of the tower plus 100 feet
          B.    Equipment Shelter: Shall comply with the minimum setback requirements for the primary lot, but shall not be located in front of the principal building on the lot.
      (2)   Maximum height:
         A.    Tower: less than 200 feet (includes antenna)
         B.    Equipment Shelter: 15 feet
      (3)   Maximum size of equipment shelter: total building space shall not exceed 750 square feet.
      (4)   Access: the service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
   (c)   Combined with an Existing Structure. Where technically suitable, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
      (1)   Maximum height: 20 feet above the existing building or structure, so long as the total height of antenna is below 200 feet.
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on or attached to the building), the shelter shall comply with the following:
         A.   The minimum setback requirements for the zoning district.
         B.   A buffer yard shall be planted as required by the Commission.
         C.   Vehicular access to the shelter shall be integrated with the parking and vehicular circulation on the site for the principal use to the greatest extent possible.
         D.   Total building space shall not exceed 750 square feet.
         E.   Where an access road is developed exclusively for the telecommunications facility, a locking gate shall be installed to prevent unauthorized use of the access road.
   (d)   Located within an Electric High Tension Power Line Easement. A wireless telecommunication tower facility is conditionally permitted within an electric high tension power line easement, provided the tower is incorporated into an existing high tension power line structure. A wireless telecommunication tower facility is conditionally permitted in the electric high tension power line easement where the tower is not incorporated into a high tension line tower structure, provided that no tower shall be located closer than one quarter mile from any other such tower and no closer than 200 feet from the boundary line of a residential use or residential district, and subject to the following conditions:
      (1)   Maximum height:
         A.    Tower: Less than 200 feet (includes antenna).
         B.    Equipment Shelter: 15 feet.
      (2)   Maximum size of equipment shelter: Total building space shall not exceed 750 square feet.
         (Ord. 25-2011. Passed 9-20-11.)

1175.07 OTHER DISTRICTS.

   Wireless telecommunication facilities that include towers are not permitted in any districts other than the Industrial District and that portion of the C-2 District that fronts on Brecksville Road north of Interstate 77 as it exists on the effective date of this Chapter, with the exception that they may be conditionally permitted on any property in any zoning district along with the following institutional uses: publicly-owned/operated parks, municipal and government uses, and public schools. However, wireless telecommunication antennas attached to any existing nonresidential building or structures may be conditionally permitted only as set forth in this section. In applying for a permit under this section, the applicant must present substantial evidence as to why it is not technically suitable to locate in the Industrial District, or incorporated into a high tension power line tower structure, or co-located on an existing tower within the geographic area to be served, or that portion of the C-2 District that fronts on Brecksville Road north of Interstate 77 as it exists on the effective date of this chapter. Once those efforts have been exhausted, a wireless telecommunications facility may be located on a property provided for in this section, subject to the following conditions:
   (a)   Combined with a Nonresidential Structure. An antenna may be conditionally permitted, in residential districts, to be attached to the following nonresidential buildings or structures in residential districts: municipal or government building(s) or structure(s), school buildings, agricultural buildings, or buildings or existing structures owned by a public utility. An antenna may be attached to a nonresidential building or a structure that is a conditionally permitted use in districts other than residential districts. In each of these cases, the following conditions shall be met:
      (1)   Maximum height: 20 feet above the existing building or structure, so long as the total height of the antenna is below 200 feet.
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:
         A.   The shelter shall comply with the minimum setback requirements for the zoning district, but shall not be located in front of the principal building on the lot.
         B.   Total building space shall not exceed 750 square feet. If there are multiple users, then the equipment must be sheltered in a single building unless the applicant can show a technical necessity for a separate building, in which case multiple buildings must be designed to have the appearance of a single building.
         C.   A buffer yard shall be planted as required by the Commission.
         D.   Vehicular access to the shelter shall be integrated with the parking and vehicular circulation on the site for the principal use to the greatest extent possible.
         E.   Where an access road is developed exclusively for the telecommunications facility, a locking gate shall be installed to prevent unauthorized use of the access road.
   (b)   Combined with a Nonresidential Use. A tower to support an antenna may be conditionally permitted on a property with the following nonresidential uses: publicly-owned/operated parks, municipal/government uses, or schools, subject to the following conditions:
      (1)   Minimum set back requirements for tower:
         A.    Tower:
                        Side and rear yard: The tower shall be set back from any side or rear residential lot line by 200 feet or the height of the tower, whichever is greater.
                  Front yard setback: The height of the tower plus 100 feet
         B.    Equipment Shelter: Shall comply with the minimum setback requirements for the residential district, but shall not be located in front of the principal building on the lot.
      (2)   Maximum height:
         A.    Tower: less than 200 feet (includes antennas).
         B.    Equipment Shelter: 15 feet.
      (3)   Maximum size of equipment shelter: Total building space shall not exceed 750 square feet. If there are multiple users, then the equipment must be sheltered in single building unless the applicant can show a technical necessity for a separate building, in which case multiple buildings must be designed to have the appearance of a single building.
      (4)   A buffer yard shall be planted as required by the Commission.
      (5)   Vehicular access to the shelter shall be integrated with the parking and vehicular circulation on the site for the principal use to the greatest extent possible.
      (6)   Where an access road is developed exclusively for the telecommunications facility, a locking gate shall be installed to prevent unauthorized use of the access road.
   (c)    Located within an Electric High Tension Power Line Easement. A wireless telecommunications tower facility may be located within an electric high tension power line easement, provided the tower is incorporated into a high tension power line tower structure. A wireless telecommunication tower facility may be located in the electric high tension power line easement where the tower is not incorporated into a high tension power line structure, provided that no tower shall be located closer than one quarter mile from any other such tower and no closer than 200 feet from the boundary line of a residential use or residential district, and subject to the following conditions:
      (1)   Maximum height:
         A.    Tower: Less than 200 feet (includes antenna)
         B.    Equipment Shelter: 15 feet
      (2)   Maximum size of equipment shelter: Total building space shall not exceed 750 square feet. If there are multiple users, then the equipment must be sheltered in a single building unless the applicant can show a technical necessity for a separate building, in which case multiple buildings must be designed to have the appearance of a single building.
         (Ord. 25-2011. Passed 9-20-11.)

1175.09 CONDITIONAL NATURE OF USE AND REQUIREMENTS FOR PERMITS.

   A wireless telecommunication facility is subject to the provisions of the appropriate chapter governing conditional zoning certificates for the zoning district in which it is to be located and is subject to all requirements of this chapter, including the following items to be considered for review, upon application for a permit:
   (a)   All towers shall be of a monopole design, as opposed to a lattice or guy wire design.
   (b)   The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to service the applicant's service area. There shall be in writing an explanation of why a tower and this proposed site is technically necessary and that the wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the Village.
   (c)   When a tower is modified or additional equipment is to be located on an existing tower, the applicant shall provide written documentation from an Ohio registered Engineer that the existing structure is capable of holding the modified or additional equipment and that the tower is structurally sound.
   (d)   All applicants for construction of wireless telecommunication towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the finished grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three antenna platforms of equal loading capacity for three separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment shelter large enough to accommodate at least three users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least three users. Agreement to this provision must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Zoning Inspector evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section. As an additional condition of issuing a zoning certificate, the owner/operator/applicant agrees to respond to any inquiries regarding co-location within 30 days after receipt of a written inquiry.
In all circumstances, owners of existing towers shall promptly respond in writing to requests for collection, but in no event shall they respond more than 30 days from the date of receipt of a written request for collocation. Copies of all written requests to collocate and all written responses shall be sent to the Zoning Inspector.
   (e)   The applicant requesting permission to install a new tower shall provide evidence there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower within the geographic area to be served. With the zoning certificate application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower. If another existing tower is technically suitable, the applicant must demonstrate that it has made written request to co-locate on the existing tower and the co-location request was rejected by the owner of the tower. In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty days from the date of receipt of a written request for co-location. If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna(s) on another tower within the Village which is owned or controlled by the applicant, if available, on commercially reasonable terms and the offer was not accepted. In all cases, the Village shall use its best efforts to encourage co-location.
   (f)   Where the telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
   (g)   The wireless telecommunication facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
   (h)   The applicant shall provide at a scale of 1" = 50' a plot plan of the entire site and shall indicate all buildings, and building uses, driveways, roadways, utilities, power lines, water wells, and elevations within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan. The applicant shall provide a vicinity map showing the location of all towers within a two-mile radius of the site.
   (i)   Security fencing six feet to eight feet in height shall surround the tower and equipment shelter, either completely, or individually as determined by the Commission.
   (j)   The location of the tower and equipment shelter shall comply with all natural resource protection standards established in the Zoning Code, including those for erosion control, grades, wetlands and steep slopes.
   (k)   The applicant shall provide at a scale of 1" = 50' a landscape plan of the entire site and shall indicate how the wireless telecommunication facility will be screened from adjoining uses.
   (l)   A buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facility and the public rights of way, and any property lines. The ten foot buffer area shall consist of rows of evergreen trees planted five feet on center with a maximum height of six feet or other plantings as deemed appropriate by the Commission. The landscaping shall be continuously maintained and promptly restored, if necessary.
   (m)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
   (n)   The applicant must provide written certification from an Ohio registered Engineer that the antenna(s) and/or tower(s) to be constructed are in compliance with all applicable federal, state, and local regulations pertinent to the construction. The applicant shall provide a soil report showing compliance with all applicable laws and verifying the design specifications of the foundation for the monopole tower. Towers and antennas shall be designed to withstand sustained winds and ice accumulation as required by the Ohio Building Code. Additionally prior to receiving final approval by the Commission documented certification shall be submitted to the Commission and Village Engineer, certifying that the wireless telecommunication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
   (o)   Unless otherwise required by the FAA, the tower shall be a non-contrasting gray or similar color minimizing its visibility.
   (p)    The owner/operator shall provide to the Zoning Inspector an "Emergency Procedure Plan" identifying who will be notified and what remedy processes will be used in case of emergency.
   (q)    No advertising is permitted anywhere on the facility, with the exception of one identification sign which is non-illuminated and no larger than two square feet. A minimum number of "no trespassing" signs will be permitted.
   (r)   Where lighting of the facility is required by the FAA, the lighting for the tower shall be a red fading light or the most visually non-obtrusive "state of the art" lighting available, unless otherwise required by the FAA.
   (s)   The owner/operator shall provide a plan for periodic maintenance, which details maintenance, repair and dismantling procedures that comply with good industry practices. On each biennial anniversary of the issuance of the building permit for a wireless telecommunication facility or not more than ninety days prior thereto, the owner/operator shall submit to the Village a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.
   (t)   Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Commission.
   (u)   Underground equipment shelter(s) are encouraged, and may be required by the Commission where an aboveground equipment shelter would substantially diminish the use and enjoyment of an adjoining property.
   (v)   Outdoor storage of any supplies, vehicles or equipment is prohibited, except during any construction period or to supply emergency power during a power outage.
   (w)   All utility lines from the utility source to the wireless telecommunication facility shall be underground.
      (Ord. 25-2011. Passed 9-20-11.)

1175.11 GENERAL REQUIREMENTS.

   (a)   The owner/operator of the telecommunication facility shall remove a non-functioning facility within 6 months of ceasing its use. The owner/operator of the telecommunication facility shall annually file a declaration with the Zoning Inspector as to the continuing operation of every facility installed on the tower under this chapter. The owner/operator of the telecommunication facility shall annually file with the Zoning Inspector proof of inspections and compliance with current codes and standards for the tower and facility as prepared and performed by an Ohio Registered Engineer.
   (b)   The owner/operator of the telecommunication facility shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless telecommunication facility which bond shall insure that an abandoned, obsolete or destroyed wireless telecommunication antenna or tower shall be removed within six months of cessation of use and abandonment. Any successor-in-interest or assignee of the owner-operator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies the tower.
   (c)   All providers utilizing towers shall present a report to the Commission notifying them of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. The facility's owner/operator will receive written notice from the Zoning Inspector and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivating or dismantling does not occur, the municipality may remove or may contract to have the facility removed and assess the owner/operator the costs, including, but not limited to, use of the bond described in subsection (b) hereof.
(Ord. 25-2011. Passed 9-20-11.)

1175.13 PERMIT FEES OR DEPOSITS.

   (a)   The Zoning Inspector shall authorize the issuance of permits required by this Chapter and shall collect a deposit to cover all expenses of processing the application therefore in accordance with the following schedule:
      (1)   New wireless communication tower facility: Fee as set by Council.
      (2)   New wireless communication antenna, on an existing tower or building: Fee as set by Council. The balance of the deposit remaining after the application process is complete will be refunded to the applicant.
   (b)   The applicant for a wireless communication tower and/or antenna facility shall be responsible for all expenses incurred by the Village for any technical and/or engineering services deemed necessary by the Zoning Inspector, the Commission, or the Board of Zoning Appeals to perform the reviews and/or inspections set forth in this chapter which are not covered by the application fees or deposits set forth in subsection (a) hereof.
(Ord. 25-2011. Passed 9-20-11.)

1177.01 OFF-STREET PARKING.

   There shall be provided off-street parking for motor vehicles, and the minimum number of parking spaces to be provided shall be in accordance with this Chapter.
(Ord. 25-2011. Passed 9-20-11.)

1177.03 GENERAL REGULATIONS.

   (a)   Floor Area. For the purposes of this chapter, "floor area" means usable floor area as set forth in Section 1103.03.  
   (b)   Parking Space. Off street accessory parking areas shall provide parking spaces, each of which shall not be less than nine feet wide and not less than twenty feet long, exclusive of all driveways, aisles, ramps and turning spaces. An off-street parking space for the physically handicapped shall adhere to Federal standards and shall be exclusive of all driveways, aisles, ramps and turning spaces.
   (c)   Parking Area Design. Parking areas shall be of usable shape, improved with bituminous concrete or equivalent surfacing, and so graded and drained as to dispose of all surface water accumulation within the area. All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from adjoining premises or streets, and no open light sources, such as the stringing of light bulbs, shall be permitted. Wheel guards, including bumper guards as may be necessary, shall be provided in connection with any off-street parking area of five cars or more, and shall be constructed so as to confine the storm water surface drainage to the premises, to contain the cars on sloping surfaces and to prevent bumper overhang. All spaces shall be provided with adequate access by means of maneuvering lanes.
   (d)   Driveways.
      (1)   Non-residential driveways shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersections. Generally, there shall be not more than two driveways (whether residential or non-residential) on to one street from each parcel of property. Minimum and maximum driveway widths shall be as follows:
 
Number of Lanes
In Non-Residential
Driveways
Minimum Width
of Driveway (ft.)
Maximum Width of
Driveway (ft.)*
One (A)
10
12
Two
20
24
Three
30
36
Four
40(B)
48(B)
*Based on demonstrated engineering data, the maximum width for non-residential driveways can be increased by the Village Engineer without approval of the Planning Commission.
   
         A.   Permitted where there are 10 or less parking spaces served provided there shall be two lanes having a minimum width of not less than twenty feet from the pavement of the road for a distance of not less than 20 feet.
         B.   Plus a minimum six-foot island or traffic divider.
            (Ord. 16-2024. Passed 3-19-24.)
      (2)   Residential driveways cannot exceed 16 feet in width. For residential driveways servicing a three- or more car garage, the width shall remain no more than 16 feet at the road right-of-way and is permitted to taper wider past the right-of-way line.
      (3)   Curb cuts for parking area driveways shall have a radius of not less than ten feet nor more than 60 feet.
         (Ord. 13-2019. Passed 7-2-19.)
   (e)    Yard Restrictions. Off-street parking facilities may not occupy the front 50 feet of the required front yard, but may occupy the remaining front yard if adequately screened.
   (f)   Joint Use.
      (1)   Parking spaces already provided to meet off-street parking requirements for places of public assembly and commercial and industrial establishments, lying within 500 feet of a place of worship measured along lines of public access, and that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays, and are made available for other parking, may be used to meet not more than 75% of the off-street parking requirements of a place of worship.
      (2)   Parking spaces already provided to meet off-street parking requirements for commercial and industrial establishments lying within 500 feet of a place of public assembly along lines of public access, that are not normally in use between the hours of 6:00 p.m. and 12:00 midnight and are made available for other parking, may be used to meet not more than 50% of the total requirements of parking space.
      (3)   In the instance of dual functions of off-street parking spaces, the districts other than residential, where operating hours do not overlap, one parking area may be used, and the number of spaces shall be the higher of the uses.
      (4)   A commercial use located within the CH-I and CH-II Commercial District may be permitted to allocate not more than 50% of the required off street parking spaces to another existing parking area on another parcel within 500 feet of the property boundary provided the owner/occupancy can demonstrate to the satisfaction of the Commission that the total number of parking spaces for both uses available during regular business hours shall be not less than required for the uses and further provided that the Commission shall receive a signed copy of a permanent easement agreed to by the owner/occupants for such joint use of parking facilities.
   (g)   Storage and Repair. The storage of merchandise or motor vehicles or the repair of such vehicles is prohibited.
   (h)   Parking Spaces for Physically Handicapped. Parking spaces for the physically handicapped shall be designated and may be used to compute the total number of spaces required. The number and location of the designated spaces shall be in compliance with the requirements of the Ohio Basic Building Code as follows:
 
Total Number of Spaces 
in the Lot or Structure
Required Number of
Accessible Spaces
Up to 100
One space per 25 parking spaces
101 to 200
Four spaces plus one space per 50 parking spaces over 100
201 to 500
Six spaces plus one space per 75 parking spaces over 200
Over 500
Ten spaces plus one space per 100 parking spaces over 500
All such handicapped parking spaces shall be designated by freestanding signs as provided for pursuant to the Ohio Manual of Uniform Traffic Control Devices, Type R-59-A and/or R-59-B.
   (i)   Striping and Traffic Control.
      (1)   Any parking area with four or more off street parking spaces shall be striped and maintained in good condition to be clearly visible with lines four inches wide to indicate parking space limits.
      (2)   Any off street parking area shall be marked or posted with such traffic control devices as may be determined by the Police Chief for the protection of operators and pedestrians, including directional arrows, one way signs, no parking signs and fire lane signs.
   (j)   Parking Lots in Residential Districts. The Commission may issue a conditional zoning certificate for parking lots in residential districts subject to this chapter and the following conditions:
      (1)   The parking lot shall be accessory to and for a use in connection with one or more permitted or conditionally permitted uses in an adjoining Commercial District.
      (2)   Such parking lot shall contain not less than 5,000 square feet, which shall abut at least 50 feet either directly or across an alley or street, on the district in which the use for which the parking is provided is permitted or conditionally permitted.
      (3)   Such parking lot shall be used solely for the parking of passenger vehicles, and no commercial repair work or service of any kind shall be conducted on such parking lot.
      (4)   No sign of any kind, other than those designating entrances, exits and conditions of use shall be maintained on such parking lot, and no charge shall be made for parking.
      (5)   Entrances and exists shall be at least 20 feet from any adjacent property located in any Residential District.
      (6)   Such parking lot shall be efficiently screened on each side by a fence of acceptable design, a wall or compact hedge. Such fence, wall or hedge shall not be less than four feet in height, and no solid portion thereof shall be more than six feet in height. Such fence, wall or hedge shall be maintained in good condition. The planting strip for hedges shall be no less than three feet in width. At least one water outlet shall be provided not more than 50 feet from the lot for maintenance of plant materials. The space between such fence, wall or hedge and the side lot line of adjoining premises in any Residential District shall be landscaped with grass, hardy shrubs or evergreen covers and maintained in good condition.
   (k)   Limitations of Use of Residential Parking Lots.
      (1)   Parking lots in Residential Districts shall not be used to park a school bus, truck in excess of manufacturer's recommended one-ton carrying capacity, tractor, bus, trailer, semi-trailer, pole trailer, moving van or other commercial motor vehicle.
      (2)   Agricultural tractors, boat trailers, camper trailers and utility trailers which are designed to be pulled by passenger automobiles and other similar vehicles, including wholly contained self-propelled recreational vehicles, which are primarily for the purpose of private, domestic and recreational use, are exempt from paragraph (k)(1) hereof, provided, however, that such vehicles are owned by the person who has legal or equitable interest in the residence area, and that such a vehicle is parked in the least noticeable but practical location as viewed from the street. The exemptions of this paragraph apply only to persons having a legal or equitable interest in the residence area and to temporary transient and gratuitous guest.
      (3)   No person shall rebuild, overhaul or dismantle a vehicle or store motor vehicles parts in a residential parking lot.
       (4)   Paragraph (k)(1) shall not apply to emergencies, to the standing of vehicles designed for and engaged in the receipt or distribution of foods, wares and merchandise; or to parking at public institutions.
         (Ord. 25-2011. Passed 9-20-11.)

1177.05 MINIMUM NUMBER OF OFF-STREET PARKING SPACES REQUIRED.

   (a)   Auditoriums, Stadiums, Concert Halls, Theaters Spectator Sports and Similar Uses: one for each four seats based on maximum seating capacity.
   (b)   Places of Worship and School Auditoriums: one for each four seats in the principal auditorium, based on maximum seating capacity.
   (c)    Clubs and Lodges: one per 150 square feet, or fraction thereof, of floor area, or one for each three seating spaces in the assembly room.
   (d)    Dwellings.
      (1)   Single-family dwellings, in RR, R-1 and R-2 Districts, two spaces for each dwelling, one of which shall be in an enclosed structure.
      (2)   Single-family detached and single-family attached in R-3 and R-4 Districts, two spaces for each dwelling unit of which one space shall be in an enclosed structure.
      (3)   Multifamily dwellings of two spaces per dwelling unit of which one space shall be in an enclosed structure.
   (e)    Hospitals: two and one half spaces per bed.
   (f)    Hotels, Motels, and Tourist Homes: one parking space for each sleeping room plus one space for each employee.
   (g)    Medical and Dental Offices and Clinics: five spaces for each physician or dentist, plus one for each employee.
   (h)    Nursing Homes, Assisted Living Facilities: one space for each three beds plus one space per employee on the two largest successive shifts.
   (i)   Restaurants: one space for each two seats plus one space for each employee.
   (j)    Retail Stores and Personal Service Shops, Etc: one space for each 250 sq. ft. of usable floor area.
   (k)    Indoor Theatres: one space for each three seats.
   (l)   Libraries and Museums: one space for each 500 square feet of usable floor area.
   (m)   Automobile Repair Garages: one space for each employee, plus one space for each 500 sq. ft. of floor area.
   (n)   Drive-In Carry Out Restaurants: ten spaces in addition to the number of spaces required for restaurants.
   (o)   Personal Services (Beauty, Barber, etc.): two spaces plus one and one-half for each station.
 
   (p)   Business and Professional Offices: one space for each employee or one space for each additional 250 sq. ft. whichever is greater.
   (q)   Banks and Studios: one space for each 250 sq. ft. of floor area.
   (r)   Research and Development Laboratory; Light Manufacturing: one space for each motor vehicle maintained on the premises; and sufficient spaces for anticipated visitors; and one space for each 1.5 employees of the two largest successive shifts, or one space for every 300 sq. ft. of building floor area, whichever is greater.
(Ord. 25-2011. Passed 9-20-11.)

1177.07 PARKING REQUIREMENTS FOR USES NOT SPECIFIED.

   Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Commission and such determination shall be based upon the requirements for the most comparable use specified herein.
(Ord. 25-2011. Passed 9-20-11.)

1177.09 MINIMUM LOADING AND UNLOADING SPACES REQUIRED.

   On the same premises with every building, structure or part thereof involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights-of-way and automobile parking areas.
   (a)   Every building having over 5,000 square feet of floor area shall be provided with at least one truck loading and unloading space not less than 12 feet in width, 40 feet in length and feet in clearance. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet, or fraction thereof, of gross floor area in the building.
   (b)   Loading space shall be provided as areas additional to off-street parking spaces.
      (Ord. 25-2011. Passed 9-20-11.)
 
 

1179.01 PUBLIC PURPOSE.

   (a)    It is hereby determined that the system of streams and other watercourses within the Village contributes to the health, safety and general welfare of the residents of the Village. The specific purpose and intent of these regulations is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
      (1)    Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters and regulating base flow.
      (2)    Stabilize the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
      (3)    Reduce pollutants in watercourses during periods of high flows by filtering, settling and transforming pollutants already present in watercourses.
      (4)    Reduce pollutants in watercourses by filtering, settling and transforming pollutants in runoff before they enter watercourses.
      (5)    Provide areas for natural meandering and lateral movement of stream and watercourse channels.
      (6)    Provide high quality watercourse habitats with shade and food.
      (7)    Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
      (8)    Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
      (9)    Benefit the Village economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the Village, and thereby preserving the character of the Village, the quality of life of the residents of the Village, and corresponding property values.
      (10)    Protect the health, safety and welfare of the citizens of the Village.
   (b)    This Chapter protects these services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.
(Ord. 25-2011. Passed 9-20-11.)

1179.03 CONFLICTS WITH OTHER REGULATIONS & SEVERABILITY.

   (a)    Where these regulations impose a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract or deed, the provisions of these regulations shall control.
   (b)    These regulations shall not limit or restrict the application of other provisions of law, regulation, contract or deed, or the legal remedies available thereunder, except as provided in (a) of this section.
   
   (c)    If any clause, section or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 25-2011. Passed 9-20-11.)

1179.05 DEFINITIONS.

   (a)    For the purpose of these regulations, the following terms shall have the meaning herein indicated:
           (1)   Best Management Practices (BMPs) means conservation practices or protection measures which reduce the impacts from a particular land use. Best Management Practices for construction are outlined in "Rainwater and Land Development, Ohio's Standard for Stormwater Management, Land Development, and Urban Stream Protection" prepared by the :Ohio Department of Natural Resources.
         (2)    Damaged or Diseased Trees: Trees that have split trunks, broken tops, heart rot; insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling or lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.
           (3)    Federal Emergency Management Agency (FEMA) means the agency with overall responsibility for administering the National Flood Insurance Program.
           (4)    Impervious Cover means any surface that cannot effectively absorb or infiltrate water. Impervious surfaces may include roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.
      (5)    Natural Succession means gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.
      (6)    Noxious Weed means any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of these regulations, the most recent version of this list at the time of application of these regulations shall prevail.
      (7)    Ordinary High Water Mark means the point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
      (8)    Perennial Stream means a natural watercourse that contains water throughout the year except possibly during periods of extreme drought.
      (9)    Pollution means any contamination or alteration of the physical, chemical or biological properties of any waters that will render the waters harmful or detrimental to: public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses; livestock, wildlife, including birds, fish or other aquatic life.
         A.    "Point Source" pollution is traceable to a discrete point or pipe.
                  B.    "Non-Point Source" pollution is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff or ground water seepage rather than direct.
        (10)    Practical Difficulties means in determining whether a property owner has encountered "practical difficulties" in meeting the requirements set forth in this Chapter, the following factors are to be considered and weighed:
                 A.    Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance or modification;
         B.    Whether the variance or modification is substantial;
         C.    Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer substantial detriment as a result of the variance or modification;
         D.    Whether the variance or modification would adversely affect the delivery of governmental services;
         E.    Whether the property owner purchased the property with knowledge of the restrictions contained in this Chapter;
         F.    Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and,
         G.    Whether the spirit and intent behind this Chapter's requirement would be observed and substantial justice done by granting a variance or modification.
       (11)    Riparian Area means naturally vegetated land adjacent to watercourses that, if appropriately sized, stabilizes stream banks, limits erosion, reduces flood size flows and/or filters and settles out runoff pollutants, or performs other functions consistent with the purposes of these regulations.
       (12)    Riparian Setback means those lands within the Village that fall within the area defined by the criteria set forth in these regulations. The setback shall be the perpendicular (shortest) distance between any point along the ordinary high water mark and the setback line.
      (13)    Riparian Setback Map means a current edition of a map, developed using the Summit County Geographic Information System and other information, identifying watercourses and their riparian setbacks within the Village of Richfield. Riparian Setbacks shall be determined using the Riparian Setback Map. Riparian Areas and watercourses shall not be limited to those shown on the Riparian Setback Map.
      (14)    Soil Disturbing Activity means the clearing, grading, excavating, filling or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
      (15)    Stormwater Quality Treatment means the removal of pollutants from urban runoff and improvement of water quality accomplished largely by deposition and utilizing the benefits of natural processes and Best Management Practices.
      (16)    Watercourse means any natural, perennial or intermittent stream, river or brook, or one that has been altered by unnatural processes, with a defined bed and bank that is contained, within, flows through or borders the Village.
      (17)    Watershed means an area of land that drains into a particular watercourse, usually divided by topography.
         (Ord. 25-2011. Passed 9-20-11.)

1179.07 ESTABLISHMENT OF RIPARIAN SETBACKS.

   (a)    Riparian setbacks are established as follows:
      (1)    A minimum distance on either side of the watercourse as shown on the Riparian Setback Map.
       (2)    Riparian Areas, watercourses and setbacks shall not be limited to those shown on the Riparian Setback Map. The Planning and Zoning Commission shall determine the setbacks for any watercourses not shown on the Riparian Setback Map.
       (3)    Because the gradient of the riparian corridor significantly influences impacts on the stream or watercourse, the following adjustment for steep slopes will be integrated into the riparian setback distance shown on the Riparian Setback Map:
 
Average Percent Slope
Width of Adjustment
15% - 20%
Add 25 feet
21% - 25%
Add 50 feet
> 25%
Add 100 feet
   (b)    The following conditions shall apply in riparian setbacks:
       (1)    Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each watercourse.
       (2)    Except as otherwise provided in these regulations, riparian setbacks shall be preserved in their natural state.
   (c)    The developer, applicant or designated representative shall be responsible for delineating riparian setbacks and identifying those setbacks on all subdivisions, land development plans and/or building permit applications submitted to the Zoning Inspector. This delineation shall be done at the time of application of the preliminary plan or at the time of submission of any permit applications. This delineation shall be done through a metes and bounds survey and shall be subject to review and approval by the Zoning Inspector. As the result of this review, the Commission may require further studies from the developer, applicant or designated representative.
   (d)    Prior to any soil disturbing activity, riparian setbacks shall be clearly delineated by the landowner on site, and such delineation shall be maintained throughout soil disturbing activities.
   (e)    No approvals or permits shall be issued by the Zoning Inspector prior to delineation of riparian setbacks in conformance with these regulations.
    (f)    Upon completion of an approved subdivision, land development or other improvement, riparian setbacks shall be permanently recorded on the plat records for the Village. A plat, showing property lines, riparian area, setbacks, existing improvements, proposed improvements and watercourse(s), shall be submitted for all proposed improvements. The plat shall be a scaled drawing prepared by a registered surveyor and shall contain enough information (bearings, distances, dimensions, etc.) so that the riparian setback can be definitely located and defined relative to the property lines, improvements and watercourse(s).
(Ord. 25-2011. Passed 9-20-11.)

1179.09 USES PERMITTED IN RIPARIAN SETBACKS.

   (a)    By Right Uses without a Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in (a)(1) through (a)(4) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands.
      (1)    Recreational Activity: Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking and similar uses.
        (2)    Removal of Damaged or Diseased Trees: Damaged or diseased trees may be removed.
        (3)    Revegetation and/or Reforestation: Riparian setbacks may be revegetated and/or reforested.
        (4)    Private Recreational and Maintenance Access Paths: Mowed, mulch or gravel private access paths, not more than ten feet wide, may be constructed for private recreational activity permitted under Section 1179.09 (a)(1) and private maintenance activity permitted under Section 1179.09 (a)(2) and (3). Excavation of soil, altering of topography or removal of non-damaged or non-diseased trees is prohibited when constructing Private Recreational and Maintenance Access Paths.
   (b)    By Right Uses with a Permit.
      (1)   Streambank Stabilization/Erosion Control Measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization/erosion control measures shall only be undertaken upon approval of an Erosion Control Plan by the Zoning Inspector. In reviewing this plan, the Zoning Inspector may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Division of Surface Water; Summit County Soil and Water conservation District; or other technical experts as necessary.
      (2)    Crossings. Crossings of designated watercourses through riparian setbacks by publicly owned sewer and/or water lines and public utility transmission lines may only be allowed upon approval of a Crossing Plan by the Zoning Inspector. Such crossings shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. In reviewing this plan, the Zoning Inspector may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Division of Surface Water; Summit County Soil and Water Conservation District; or other related technical experts as necessary.
      (3)    Cultivation. The cultivation of lawns, landscaping, shrubbery or trees may be allowed provided that such cultivation is designed to assist in streambank stabilization and/or erosion control and is done in conformance with a Landscaping Plan approved by the Zoning Inspector. In reviewing this plan, the Zoning Inspector may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Director of Surface Water; Summit County Soil and Water Conservation District; or other technical experts as necessary. Such Landscaping Plan shall meet the following criteria:
         A.    Maintain trees in the riparian setback larger than nine inches in caliper (diameter) as measured 54 inches above the ground.
         B.    Maintain trees, shrubbery and other non-lawn, woody vegetation in the riparian setback to the maximum extent possible.
        (4)    Public Recreational and Maintenance Access Paths. Mowed, mulch, gravel or paved public access paths, not more than 12 feet wide, may be constructed for public recreational activity permitted under Section 1179.09 (a)(1) and other uses permitted by Section 1179.09 (b). The Commission may approve excavation of soil, altering of topography or removal of non-damaged or non-diseased trees necessary for the construction of Public Recreational and Maintenance Access.
        (5)    Private Driveways. Paved or unpaved driveways, not more than 15 feet wide, constructed for pedestrian and vehicular access to residential dwellings and detached garages, and paved or unpaved driveways not more than 24 feet wide constructed to provide pedestrian and vehicular access to commercial buildings, providing the driveway is used to access structures that are permitted by 1179.15(b)(6).
         (Ord. 25-2011. Passed 9-20-11.)

1179.11 USES PROHIBITED IN RIPARIAN SETBACKS.

   Any use not authorized under these regulations shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited; however, prohibited uses are not limited to those examples listed here:
   (a)    Construction: There shall be no structures of any kind.
   (b)    Dredging or Dumping: There shall be no drilling, filling, dredging or dumping of soil, spoils, liquid or solid materials except for noncommercial composting of uncontaminated natural materials and except as permitted under Section 1179.09 of these regulations.
   (c)    Roads or Driveways: There shall be no roads or driveways, except as permitted under Section 1179.09 of these regulations.
   (d)    Motorized Vehicles: There shall be no use of motorized vehicles, except for the use of lawn mowers, tractors and other mechanized vehicles or equipment necessary to mow, trim, cut, cultivate, plant or maintain vegetation permitted in riparian setbacks under Section 1179.09 of these regulations, or as needed to eradicate invasive species or noxious weeds.
   (e)    Disturbance of Natural Vegetation: There shall be no disturbance of the natural vegetation, except for the following:
      (1)    Maintenance of lawns, landscaping, shrubbery or trees existing at the time of passage of these regulations.
      (2)    Cultivation of lawns, landscaping, shrubbery or trees designed to assist in streambank stabilization and/or erosion control and approved by the Zoning Inspector under a Landscaping Plan submitted in conformance with Section 1179.09 of these regulations.
      (3)    Conservation measures designed to control noxious weeds or invasive species.
      (4)    Construction and maintenance of Private Recreational and Maintenance Access Paths permitted by Section 1179.09(a)(4); Public Recreational and Maintenance Access Paths permitted by Section 1179.09(b)(4); and private driveways permitted by Section 1179.09(b)(5). Nothing in Section 1179.11(e) shall be construed as requiring a landowner to undertake any cultivation activities in the riparian setback.
   (f)    New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian areas shall not be used for the disposal or treatment of sewage except in accordance with Summit County District Board of Health regulations at the time of application of these regulations.
      (Ord. 25-2011. Passed 9-20-11.)

1179.13 NONCONFORMING STRUCTURES OR USES IN RIPARIAN SETBACKS.

   Nonconforming structures or uses in riparian setbacks shall be regulated under the provisions of Chapter 1113 of the Zoning Code. Where the following language is more restrictive or conflicts with Chapter 1113 of the Zoning Code, the following language shall prevail:
   (a)    A nonconforming use, existing at the time of passage of these regulations and within a riparian setback, that is not permitted under these regulations may be continued but shall not be changed or enlarged unless changed to a use permitted under these regulations.
     (b)    A nonconforming residential or commercial structure that exists at the time of passage of these regulations, is within a riparian setback, and is not permitted under these regulations may be continued, or may be removed or replaced, changed, expanded or enlarged providing: Any such proposed structure is setback no less than the distance between the ordinary high water mark and the foundation of the existing residential or commercial structure.
        (c)    A nonconforming accessory structure, existing at the time of passage of these regulations and within a riparian setback, that is not permitted under these regulations, may be continued or replaced but shall not have the existing building footprint or roofline expanded or enlarged.
        (d)    A nonconforming structure or use, existing at the time of passage of these regulations and within a riparian setback, that has substantial damage and which is discontinued, terminated or abandoned for a period of two years or more may not be revived, restored or re-established.
      (Ord. 25-2011. Passed 9-20-11.)

1179.15 MODIFICATION TO RIPARIAN SETBACKS AND BOUNDARY INTERPRETATION.

   (a)    The Commission may modify these regulations provided herein, and other setback and yard requirements in this Zoning Code, in cases where practical difficulties in the use of the property are imposed by the regulations and the need for requested relief outweighs the potential harm or reduction in riparian area functions which may be caused by a proposed use.
   (b)    In making a determination under (a), the Commission may consider, in addition to practical difficulties, the following factors:
      (1)    The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the riparian area.
      (2)    The extent to which the requested variance impairs the flood control, erosion control, water quality protection, and other functions of the riparian area. This determination shall be based on sufficient technical and scientific data.
      (3)    The degree of difficulty these regulations place on the landowner and the availability of alternatives to the proposed activity.
      (4)    Soil-disturbing activities permitted in the riparian setback should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.
      (5)   The presence of significant impervious cover in the riparian setback compromises its benefits to the Village. Variances should not be granted for asphalt or concrete paving within the riparian setback unless permitted by Sections 1179.09(a)(4); 1179.09(b)(5) and 1179.09(b)(6). Variances may be granted for gravel driveways.
      (6)    That no lot, otherwise buildable under the ordinances of the Village, shall be made 6unbuildable because of the riparian setback requirements, with special emphasis on lots of one acre or less trying to find the optimum location for a structure or other improvements on the lot.
   (c)    When a landowner or applicant disputes the boundary of a riparian setback or the ordinary high water mark of a watercourse, the landowner or applicant shall submit evidence to the Zoning Inspector that describes the boundary, the landowner or applicant's proposed boundary, and justification for the proposed boundary change.
   (d)    The Zoning Inspector shall evaluate materials submitted and shall make a written recommendation within a reasonable period of time not to exceed 60 days, a copy of which shall be submitted to the landowner or applicant. If during this evaluation the Zoning Inspector requires further information, he or she may require this to be provided by the landowner or applicant.
     
   (e)    Any party aggrieved by any such determination or requesting a modification to these regulations may request a hearing before the Commission. The Commission shall follow the procedures and have the authority set forth in Sections 1107.05 to 1107.21 of the Zoning Code as applicable, when undertaking any such hearing. The party requesting the modification or contesting the location of the riparian setback or the ordinary high water mark of a watercourse shall have the burden of proof in case of any such hearing.
(Ord. 25-2011. Passed 9-20-11.)

1179.17 INSPECTION OF RIPARIAN SETBACKS.

   (a)    Riparian setbacks shall be inspected by the Zoning Inspector when:
      (1)    A preliminary subdivision plat or other land development plan is submitted to the Village.
      (2)    A building permit is requested.
      (3)    Prior to any soil disturbing activity to inspect the delineation of riparian setbacks as required under these regulations.
   (b)    Riparian setbacks shall also be inspected periodically by the Zoning Inspector for compliance with approvals under Section 1179.11 of these regulations or at any time evidence is brought to the attention of the Zoning Inspector that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.
(Ord. 25-2011. Passed 9-20-11.)

1181.01 PERMITTED HEIGHT EXCEPTIONS.

   Except as specifically stated in other parts of this Zoning Code, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks or similar structures may be erected above the height limits. No such structure may be erected to exceed, by more than 15 feet, the height limits of the district in which it is located; nor shall such structure have a total area greater than 25% of the roof area of the building, nor shall such structure be used for any purpose other than a use incidental to the main use of the building.
(Ord. 25-2011. Passed 9-20-11.)

1181.03 FRONT YARD MODIFICATIONS IN RESIDENTIAL DISTRICTS.

   In any residential district where the average depth of at least two existing front yards, on lots within 200 feet of the lot in question and within the same block front, is less or greater than the least front yard depth required in this Zoning Code, the required depth of the front yard on such lot may be modified. In such case this shall be not less than the average depth of such existing front yards on the two lots immediately joining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However the depth of the front yard on any lot shall not be less than 25 feet and need not exceed 100 feet.
(Ord. 25-2011. Passed 9-20-11.)

1181.05 CORNER LOTS.

   Except as otherwise provided in this code corner lots in all districts shall have a setback from the side street equal to that required for the frontage street.
(Ord. 25-2011. Passed 9-20-11.)

1181.07 NUMBER OF ONE FAMILY DWELLINGS PER LOT .

   No more than one single-family dwelling shall be permitted on any lot in a Residential District unless otherwise specifically stated in this Zoning Code. Every single-family dwelling shall be located on a lot having required frontage on, and access from a public street.
(Ord. 25-2011. Passed 9-20-11.)

1181.09 PROJECTIONS INTO YARD AREAS.

   Every part of required yard shall be open to the sky, unobstructed, except for landscaping and accessory building, in a rear yard, and except for the ordinary projections of skylights, sill, belt courses, cornices and ornamental features projecting not more than four feet. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground (first) story may project into a required side yard, provided these projections are distant at least two feet from the side, rear and front yards. An open unenclosed porch, deck or paved terrace may project into the front and/or rear yard for a distance not to exceed 10 feet each.
(Ord. 13-2019. Passed 7-2-19.)

1181.11 VISIBILITY AT CORNER LOTS.

   No obstruction to view in excess of two feet in height shall be placed along any corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points 30 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the roadway so as not to obstruct the clear view by drivers of motor vehicles.
(Ord. 25-2011. Passed 9-20-11.)

1181.13 FENCES, WALLS, COLUMNS AND HEDGES.

   Fences, walls, columns and/or hedges may be permitted in any required yard, or along the edge of any yard, subject to zoning permit requirements provided in this Code.
   (a)    Front and Front Sides. Fences, walls, columns and/or hedges along the sides (but not the front edge), of any front yard shall not be over three (3) feet in height from the property edge closest to the road or street to the front building line of the principal building, when located perpendicular to the road or street. When a fence located along the front edge of the front lot line connects to a fence located along the side edge of a side yard, the front yard fence along the road shall transition to three (3) feet in height at the connection with the side yard fence.
      Fences, wall, columns and/or hedges that are erected as a landscape/design feature and located along front edge of a yard, and parallel to the road or street, can be up to six (6) feet in height so long as they do not create a sight obstruction as determined by the Director of Planning and Zoning or his/her designee. Generally, the diagram below provides example of a scenario in which a fence may be deemed a sight obstruction.
      Columns and access gates (inclusive of lights, ornamental features and structural elements) located on either side of a driveway can be up to eight (8) feet tall as a means to demarcate the entrance to the property, so long as they do not create a sight obstruction as determined by the Director of Planning and Zoning or his/her designee.
   (b)    Rear and Rear Sides. Fences, wall, columns and/or hedges may be permitted along the rear, side and/or rear lot lines to a height of not more than six (6) feet above the grade in residential zones, and ten (10) feet above the grade in all other zones, provided that at least twenty-five percent (25%) of the vertical surface of any fence or wall shall be open to light and air, that any fence, wall, column and/or hedge shall be well maintained, harmonious and appropriate in appearance with the existing character of the immediate area in which it is to be located, and not be hazardous or disturbing to existing or future neighboring uses. However, informal planting may be higher than six (6) feet. Solid walls, columns, and fences that do not maintain at least twenty-five percent (25%) of the vertical surface open to light and air shall conform to all required setback lines for yards.
      All lighting associated with fences, walls, columns and/or hedges must be shielded and located in a such a manner as to not intrude onto the public road or streets and adjacent/nearby properties. Said lighting shall also be compliant with the International Dark-Sky Association, or equivalent. The Director of Planning and zoning is authorized to require a photometrics plan if he/she believes the lighting is intrusive and does not comply with this requirements of this Code.
   (c)    Specific Regulations Applicable to Residential Properties Adjacent to Interstate Highways. Notwithstanding anything set forth in subsections (a) and (b) of this section, residential properties adjacent to any interstate highway in the Village may erect a fence on any rear and/or side yard parallel to an interstate highway in accordance with the following:
      (1)    Fences parallel to the interstate highway may be built no higher than eight (8) feet.
      (2)    Fences can be solid panel and scallop tops are not permitted.
      (3)    Fences must be treated wood or vinyl.
      (4)    Fences must be an earth-tone color to simulate natural wood.
      (5)    No white fences.
      (6)    No fencing shall be permitted on vacant lots regardless of ownership or a primary house lot.
      (7)    No finials at posts.
      (8)    A combination of mounding and fencing can be used, but the overall height cannot exceed eight (8) feet. Mounding is subject to all grading excavation, and embankment provisions of the Planning and Zoning Code.
The foregoing regulations do not apply to any portion of a property adjacent to an interstate highway that is perpendicular to the highway and/or in a front yard; those portions of such properties must adhere to subsections (a) and (b) of this section.
      (Ord. 33-2025. Passed 7-15-25.)

1181.15 TEMPORARY BUILDINGS OR STRUCTURES AND PORTABLE STORAGE CONTAINERS.

   Temporary buildings or structures for uses incidental to construction work for public improvement projects may be erected within the district(s) in which the work is taking place. The exact location of said temporary buildings or structures is subject to the approval of the Zoning Inspector. However, such temporary buildings or structures shall be removed upon completion or abandonment of the construction work.
   Portable storage containers are prohibited in all residential Zoning Districts except: (a) during active construction on a residential property, three (3) portable storage containers may be placed on the property where construction is taking place during the first sixty (60) days of active construction; and (b) when someone is moving in or out of a residential property, three (3) temporary storage containers may be placed on the residential property for a period of no more than ten (10) days, unless otherwise authorized by the Director of Planning and Zoning.
   A zoning certificate is required before any portable storage container can be placed in a residential Zoning District under subsection (a) or (b).
   In non-residential districts, three (3) portable storage containers may be placed on a property as a non-permanent accessory use solely to provide temporary storage during the duration of an active construction project taking place on the same property, adjacent property under common ownership, or on municipally owned land. If more than three (3) portable storage containers are needed, approval of the request for additional storage containers must be made during the development plan review process with Planning Commission. The portable storage container(s) shall be removed upon completion or abandonment of the construction work.
   For the avoidance of doubt, a portable storage container is prohibited as a permanent accessory storage structure or building everywhere in the Village.
(Ord. 48-2023. Passed 9-5-23.)

1181.17 SWIMMING POOLS.

   Public or private swimming pools shall be considered as structures for the purpose of permits and this Zoning Code and shall conform to all required yard setback lines. The construction, plumbing, electrical requirements, inspection and safety facilities, including necessary fencing, shall be regulated by the Village or Summit County building codes applicable to such pools.
(Ord. 25-2011. Passed 9-20-11.)

1181.19 HAZARDOUS OR NOXIOUS EMISSIONS, ENVIRONMENTAL EFFECTS.

   (a)   No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Zoning Code and any additional conditions and requirements prescribed, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, electrical interference, refuse matter or water carried wastes.
   (b)   Regardless of any other provision of this Zoning Code, no land shall be used and no structure erected or maintained in violation of any State or Federal pollution control or environmental protection law or regulation. In the case of a new building and use, the proponent thereof shall offer satisfactory evidence to determine that the proposal will not, if effective, result in any adverse effect on the quality of the human environment.
(Ord. 25-2011. Passed 9-20-11.)

1181.21 TOPOGRAPHICAL SURVEY.

   (a)    New Residential Dwellings. Before a zoning certificate for the construction of a new residential dwelling structure is issued, the applicant for a permit therefore shall submit to the Zoning Inspector a topographical survey of the premises upon which such building or structure is to be erected. Such survey shall be performed by a registered surveyor who shall stake out the premises and the building site by offset, and such stakes shall be caused to remain in the ground until final inspection of the buildings or structure has been completed.
   (b)    Additions. If the Zoning Inspector deems it appropriate when a proposed addition and/or alteration will change the present topography or if the square footage of the proposed addition will exceed the square footage of the existing structure or if the proposed addition will change the water flow between properties, then the Zoning Inspector may refer the plans for the proposed addition to the Village Engineer to determine whether a topographical survey is required.
(Ord. 25-2011. Passed 9-20-11.)

1181.23 TRAILER COACHES, MOBILE HOMES.

   Trailer coaches and mobile homes used or intended to be used for residential purposes and trailer parks shall not be permitted in any zoning district.
(Ord. 25-2011. Passed 9-20-11.)

1181.25 ESTABLISHMENT OF GRADE.

   Before issuing a zoning certificate for the construction of a new residential dwelling, the Zoning Inspector shall request the Village Engineer to establish a grade for such building or structure. After a building permit has been issued and construction commenced, but before proceeding beyond the completion of the pouring of footers for such building or structure, the Zoning Inspector shall request a further inspection by the Engineer. The Engineer shall at such time determine whether such footers have been constructed in accordance with the established grade. The Zoning Inspector shall not permit continuation of construction beyond the pouring of footers for any building or structure until the inspection has been made and the construction approved by the Engineer.
(Ord. 25-2011. Passed 9-20-11.)

1181.27 FEE.

   The fee for the review of the topographical survey and inspections shall be established by Council and shall be collected by the Zoning Inspector prior to the issuance of a zoning certificate.
(Ord. 25-2011. Passed 9-20-11.)

1181.29 HISTORIC DISTRICT OVERLAY.

   The purpose of the Historic District Overlay is to regulate new construction and additions or renovations to existing historic buildings in the Historic District and any properties zoned Commercial Historic, but located outside of the formal Historic District. Historic buildings are structures that are at least 100 years old, using 2015 as the base year. These regulations also apply to all new buildings constructed after the adoption of this Section. Existing non-historic buildings (less than 100 years old) may be renovated and expanded using materials, styles and architectural details consistent with the existing building design. The regulation and guidelines in this Section are based on a 2014 study conducted by the Village Planning Commission and adopted in September 2015.
   (a)   The following applies to all historic homes that are at least 100 years of age and located within the Historic District of the Village (as identified on the Official Zoning Map of Richfield) and within the Commercial Historic Zoning District. The Historic District boundaries were created by Village Council in February 1995 by Resolution 62-1994.
      (1)   Style of Buildings: The style of buildings shall be compatible to or match the building styles of the historic structures existing within the Richfield Historic District which is substantially "Western Reserve" in character made up of    primarily Federal, Greek Revival and Colonial Revival (Georgian) styles. Other    historic styles evident in the district include: Queen Anne, Italianate and Vernacular (Victorian and Stick).
      (2)   The distinguishing original qualities of a historic building or structure shall not be destroyed. The removal or alteration of any historic materials or distinctive architectural features shall not occur whenever possible.
      (3)   Existing houses which are converted to commercial uses shall retain the     residential character and general construction design of the period of the structure.
      (4)   The design elements of a building addition shall match the design elements of the principal structure, in particular, building materials and color, rooflines and    shapes, and window proportions and alignment.
      (5)   The scale of an addition shall be compatible with the principal structure and surrounding structures and context.
      (6)   Original materials shall be repaired, restored and reused whenever possible. Original materials shall not be removed or covered whenever possible. Where necessary, missing or deteriorated materials shall be replaced with appropriate recycled or new materials, which match the original as closely as possible.
      (7)   Building form: The building form shall be rectangular or a series of attached rectangular forms of 1 story, 1.5 story or 2 stories in height.
      (8)   Additions and wings: Attached wings shall be at 90 degrees to the main structure and typically of a lower height in stories and/or roof peak. For example a two story main building might have a 1.5 story side addition and a 1.5 story structure might have a one story addition or multiple additions. The typical form would be a "T" or "L" floor plan, but may have additional wings in "I" or "H" forms.
      (9)   Roofs: Roofs of buildings shall generally be in gable form with a front or side orientation. In the case of multiple wings, the gables would be combination of side and front gable forms. Typically the addition roof gables are lower than the gable of the main structure due to the lower story height of the wing additions. Hip form roof can be an acceptable alternative roof style.
      (10)   Building Details: Building details shall include those elements that are appropriate to the style of the structure to embellish the structure and promote the historic nature of the district. The elements to be included depending upon style are: deep cornices under gable ends and eaves, cornice returns (open pediments) or full pediment gables, pedimented window and entrance door frames, multi-pane windows with appropriate muntins, millwork, cornice brackets, railing and porch spindles, entrance features including porches or pilasters, entablature and/or side lights, fanlight windows or vents.
      (11)   Windows: Windows shall be double hung with panes of one over one, two over two or six over six depending upon the style of building. For example the Federal and Greek Revival would generally have six over six panes or more. Windows should be equally and symmetrically spaced across the entire front façade and side facades visible from a street. Second floor windows should be inline and evenly spaced to match the window pattern on the first floor. There should be no blank wall visible from the street without a consistent pattern of window openings. Windows shall have side moldings and lintels which may be pedimented depending on building style. Windows can have shutters if appropriate to the building style. If shutters are used they shall be provided for    windows on both the front and sides of the building. Shutters, if installed, shall be sized to match the width and height of the windows so they are in the same dimension as one half the width of the window opening and the full length of the window opening.
      (12)   Building Materials:
         A.   Walls: The materials for facades shall generally be horizontal siding in wood clapboard or fiber cement board to appear as clapboard. Depending on the building style, Victorian shingle siding (such as fish scale or square) can be used as a secondary material. Architectural vinyl (thickness equal to 0.046" or greater)    to duplicate wood clapboard and shingles can also be used. Red fired-brick and    stone may also be used for building facades.
         B.   Trim Materials: Trim material shall be wood or fiber cement board simulating wood. Molding, brackets, cornices, spindles and railings should be wood or synthetic material (such as rigid PVC) simulating wood details.
         C.   Window Materials: Windows shall be constructed of wood, vinyl or metal clad wood, full vinyl or fiberglass.
         D.   Roof Materials: Roofs shall be limited to shingles including asphalt, architectural fiberglass, slate or synthetic slate and standing seam. Shingle roofs should be black, grey or a dark color such as dark brown or dark green. Standing seam roofs shall be limited to greys, browns, dark green or a pale green simulating a copper    patina color.
      (13)   Façade colors: The primary color on building facades shall be white, if siding is used. Alternative colors can include grey or earth tones (including beige, cream, yellow, ochre or tan). In addition, Vernacular, Victorian, Stick and Italianate styles may include dark colors such as green, blue and ochre. Brick facades shall be in standard red fired-brick to match the existing brick in the district.
      (14)   Trim colors: Trim shall be complimentary to the building main color and is typically white or black in the case of traditional Western Reserve styles. In addition earth tone colors (including beige, cream, yellow, ochre or tan) can be used as well as contrasting colors in the case of a Vernacular Victorian building style. Shutters if used shall be black or a dark color such as dark green or a dark earth tone. Vernacular and Victorian style may include two contrasting colors in shutters, doors and trim.
      (15)   Garages: Garages were not part of historic homes until the beginning of the last century and afterwards automobile garages were detached until mid-century.    Garages and especially garage doors should not be seen as part of the main building. Garages shall be detached (in the rear of the house) or attached such that the entrance doors are on the rear or side of the building not facing the street. Any walls of an attached garage shall appear as an integral form of the building with identical siding material, colors and have evenly spaced windows matching the style and spacing of the remainder of the house. No garage doors of an attached garage shall face the street on the front façade of the building. On a house on a corner lot the garage doors may face a street on the side street or side wall of a building. In general, accessory buildings shall be compatible in design and material as the main structure.
      (16)   Lighting: Lighting shall be human scale and compatible with the architectural period of the home. Lighting shall not produce glare and unnecessary diffusion onto adjoining properties.
   (b)   The following regulations and guidelines apply to institutional or other large non-single family buildings in the residential portions of the Historic District.
      (1)   All new construction, building renovations and additions shall be compatible with and contribute to the historic character of the district.
      (2)   Buildings shall promote the "Western Reserve" style and limited to Federal, Greek Revival and Georgian (Colonial Revival) styles of building. The current institutional buildings in the district all fit this description and while large in area are primarily low in impact due to their typical one-story height, vast land areas and mimicking the historic styles.
      (3)   The percentage of building footprint to land area shall be no more than that found on residential properties at 15% building coverage for one-story buildings and 10% for a two-story buildings.
      (4)   Buildings shall be limited to no more than two-stories in height and preferably one-story in height due to the roof heights required for a larger building footprint. Large buildings should have lower one-story wings or additions in order to reduce the perceived mass of the building and incorporate a primary design of the    Western Reserve style.
      (5)   Building setbacks shall be not less than 100 feet from a public street and not less than as may be required for a Conditional Use in Section 1173.09.
      (6)   Roof forms shall be limited to gable roofs with deep cornices and finished in shingles (colors of black, grey or a dark color such as dark brown) or standing seam (colors limited to grey, dark brown, dark green or a pale green simulating a copper patina color.
      (7)   The materials used shall be high quality and primarily faced in red fired brick especially on the street façade. A secondary material can include clapboard siding, stone, or synthetic wood or stone.
      (8)   Windows should be federal style windows and details with multi-paned (6 over 6 or greater) evenly and symmetrically spaced around the entire perimeter of the building, where practical.
      (9)   Entrances shall have substantial features such as porch, porte-cochere, or entrance with pilasters, entablature, side-lights and/or pediment.
      (10)   Parking lots shall be placed in the rear of the building. They shall be screened with dense landscaping from view to street and any adjacent residential properties.
      (11)   Site features such as service entrances and loading zones shall be screened from adjacent properties and the public right-of-way and located in the side or rear of the lot.
      (12)   Lighting fixtures shall be architectural period style matching the building style with night or dark sky optics. Lighting shall further be minimized through the use of timers and lighting shall be restricted to the exact space being illuminated. The use of bollard fixtures not exceeding four feet in height shall be utilized whenever applicable.
      (13)   Utility services on private property shall be placed underground for all new services.
      (14)   Mechanical equipment shall be located so as not to be visible from any public ways or adjacent residential areas. Where such limitation is not possible, the facilities shall be screened from public view with materials compatible with those used in the building.
      (15)   All trash containers and trash storage areas shall be screened with a six-foot high enclosure on three sides and a solid gate on the front. The enclosure shall be similar to the main structure as to materials and color.
         (Ord. 73-2015. Passed 11-17-15.)

1183.01 DEFINITIONS.

   (a)   "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
   (b)   "Cultivate" means to grow, harvest, package, and transp01t medical marijuana pursuant to Chapter 3976 of the Ohio Revised Code.
   (c)   "Cultivator" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
   (d)   "Dispensary" means the an entity licensed pursuant to sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
   (e)   "Dispense" means the delivery of medical marijuana to a patient or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.
   (f)   "Manufacture" means the process of converting harvested plant marijuana into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
   (g)   "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary, or testing laboratory.
   (h)   "Medical marijuana product" means a product that contains cannabinoids that has been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches, and other forms approved under division (A)(6) of section 3796.06 of the Ohio Revised Code.
   (i)   "Plant material" means the leaves, stems, buds, and flowers of the marijuana plant, and does not include seedlings, seeds, clones, stalks, or roots of the plant or the weight of any non-marijuana ingredients combined with marijuana.
   (j)   "Plant-only processor" means a cultivator that has received a license from the Ohio Department of Commerce for the limited purpose of packaging, selling, and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.
   (k)   "Processor" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(Ord. 66-2017. Passed 5-1-18.)

1183.02 PROHIBITED ACTIVITIES.

   All medical marijuana activities to include the cultivation, processing, or dispensing of marijuana for medical purposes is prohibited in all zoning districts in the Village of Richfield.
(Ord. 66-2017. Passed 5-1-18.)

1185.01 PROHIBITED ACTIVITIES.

   All travel centers, including any in existence at the time of the passage of Chapter 1185 are prohibited in all zoning districts in the Village. The expansion of an existing travel center, except for vehicular fuel sales, shall be subject to the provisions of the Planning and Zoning Code governing non-conformities.
(Ord. 20-2025. Passed 4-15-25.)
CODIFIED ORDINANCES OF RICHFIELD