Russells Point City Zoning Code
TITLE THREE
Zoning Regulations
1141.01 TITLE.
Title Three of this Part Eleven Planning and Zoning Code shall be known and may be cited to as the "Zoning Ordinance of the Village of Russells Point, Ohio."
(Ord. 570 A Passed 6-15-81.)
1141.02 PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of the zoning ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of the zoning ordinance conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolution, the most restrictive, or that imposing the higher standards shall govern.
(Ord. 570 A. Passed 6-15-81.)
1141.03 SEPARABILITY CLAUSE.
Should any section or provision of the zoning ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the zoning ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 570 A Passed 6-15-81.)
1141.04 REPEAL OF CONFLICTING ORDINANCE, EFFECTIVE DATE.
All ordinances or parts of ordinances in conflict with this zoning ordinance or inconsistent with the provisions of the zoning ordinance are hereby repealed to extent necessary to give the zoning ordinance full force and effect. Title Three shall replace the existing zoning ordinance and shall become effective from and after the date of its approval and adoption, as provided by law.
(Ord. 570 A Passed 6-15-81.)
1145.01 INTERPRETATION OF TERMS OR WORDS.
For the purpose of the zoning ordinance, certain terms or words used herein shall be interpreted as follows:
(a) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(b) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(c) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and word "should" is a preferred requirement.
(d) The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
(e) The word "lot" includes the words "plot" or "parcel."
(Ord. 570 A Passed 6-15-81.)
1145.02 DEFINITIONS.
(1) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
(2) Advertising Structure. Any outdoor display for the purpose of advertisement, notice, or announcement located apart from the premises or product referred to in the display.
(3) Automotive Repair. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision services, painting and steam cleaning of vehicles.
(4) Alley. See Thoroughfare.
(5) Alterations, Structural. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(6) Basement. A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.
(7) Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
(8) Building, Accessory. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
(9) Building Height. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
(10) Building Line. See Setback Line.
(11) Building, Principal. A building in which is conducted the main or principal use of the lot on which said building is situated.
(12) Business, Convenience-type Retail. Retail businesses whose market area is the neighborhood or part of the community, which provides convenience-type goods and personal services for the daily needs of the people within the residential area. Uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry facilities, supermarkets, etc.
(13) Business, Drive-in. Any business, structure or premise which is designed primarily to service occupants of motor vehicles without the occupants having to leave the vehicle.
(14) Business, Service. Any profit making activity which renders services primarily to the public or other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses. Some retail sales may be involved in connection with the service rendered.
(15) Business, Shopping-type Retail. A retail or service business which supplies a wide variety of comparison goods and services to consumers in a market area that includes the community or an area greater than a community. Examples of shopping-type businesses are furniture stores, automobile sales and service and clothing shops.
(16) Channel. A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
(17) Clinic. A place used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.
(18) Club. A building or portion thereof or premises owned or operated by a person for a social, literary, political, educational, fraternal or recreational purpose primarily for the exclusive use of members and their guests.
(19) Comprehensive Development Plan. A plan, or any portion thereof, adopted by the planning commission and the legislative authority of the Village of Russells Point, Ohio, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
(20) Conditional Use. A use permitted within a district other than a principally permitted use, requiring a conditional sue permit and approval of the Board of Zoning Appeals. Conditional sues permitted in each district are listed in the Official Schedule of District Regulations.
(21) Conditional Use Permit. A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(22) Density. A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density - the number of dwelling units per acre of the total land to be developed.
B. Net Density - the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(23) Dwelling. Any building or structure (except a house trailer or mobile home as defined by Ohio Revised Code 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
(24) Dwelling, Unit. Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(25) Dwelling, Single Family. A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
(26) Dwelling, Multi-Family. A dwelling consisting of two or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
(27) Dwelling, Modular Unit. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing, trees, and other prefabricated sub- elements which are to be incorporated into a structure at the site.
(28) Dwelling, Sectional Unit. A dwelling made of two or more modular units transported to the home site, put on a foundation, and joined to make a single dwelling.
(29) Dwelling, Mobile Home. A modular unit built on a chassis, with body width exceeding 8 feet or body length exceeding 32 feet, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities.
A. Double-wide or Triple-wide: A mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
B. Expandable Mobile Home. A mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
(30) Dwelling, Rooming House (Boarding House, Lodging House, Dormitory). A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(31) Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(32) Essential Services. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, water transmission, or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(Ord. 570 A Passed 6-15-81.)
(33) Family. An individual, two or more persons related by blood, marriage or law, or a group of not more than five persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two or more persons related by blood, marriage or law, are a part of the family for this Code. (Ord. 06-984. Passed 3-20-06.)
(34) Flood Plain. That land, including the flood fringe and floodway, subject to inundation by the regional flood.
(35) Flood, Regional. Large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the one hundred (100) year recurrence interval flood.
(36) Floodway. That portion of the flood plain, including the channel, which is reasonably required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.
(37) Floodway Fringe. That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
(38) Floor Area of a Residential Building. The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
(39) Floor Area of a Non-Residential Building (To be used in Calculating Parking Requirements). The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and fitting rooms, and similar areas.
(40) Floor Area, Usable. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls. Mobile home floor area shall be determined by the "Bill of Sale" which may or may not include up to a four (4) foot long tongue.
(41) Food Processing. The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.
(42) Gasoline Service Station. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail.
(43) Home Occupation. An occupation conducted in a dwelling unit, provided that: No more than one person other than members of the family residing on the premises shall be engaged in such occupation. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty-five (35) percent of floor area of the dwelling unit shall be used in the conduct of the home occupation. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, non-illuminated and mounted flat against the wall of the principal building. No traffic shall be generated by such occupation in greater volume than would normally be expected in such a residential area and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this ordinance.
(44) Junk. "Junk" means old scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, junked, dismantled, or wrecked automobiles or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous materials.
(45) Junk Yard. "Junk Yard" means an establishment or place of business, which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. It shall also include scrap metal processing facilities which are located within one thousand feet of the nearest edge of the right-of-way of a highway or street, and any site, location, or premise on which are kept two or more junk motor vehicles as defined in Section 311.301 of the Ohio Revised Code, whether or not for a commercial purpose.
(46) Kennel. Any lot or premise on which dogs, cats or other household pets are boarded, bred or exchanged for monetary compensation.
(47) Loading Space, Off-Street. Space logically and conveniently located for bulk pickups and liveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off- street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(48) Lot. For the purposes of this ordinance a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(49) Lot Coverage. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
(50) Lot Frontage. The front of a lot shall be construed to be the portion nearest the street except for waterfront property in which case the portion of the lot nearest the main body of water shall be the front of the lot. For the purposes of determining yard requirements on corner lots and through lots for non-waterfront property, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in Section 1185.14
.
(51) Lot, Minimum Area of. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(52) Lot Measurements. A lot shall be measured as follows:
A. Depth. The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. Width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(53) Lot of Record. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(54) Lot Types. Terminology used in this zoning ordinance with reference to corner lots, interior lots and through lots is as follows:
A. Corner Lot. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty five (135) degrees.
B. Interior Lot. A lot with only one frontage on a street.
C. Through Lot. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
D. Reversed Frontage Lot. A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(55) Major Thoroughfare Plan. The portion of the comprehensive plan adopted by the Village Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.
(56) Manufacturing, Heavy. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, dust, glare, air pollution, but not beyond the district boundary to any large extent.
(57) Manufacturing, Light. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no major nuisances.
(58) Mobile Home Park. Any site, or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
(59) Non-conformities. A building, structure or use of land existing at the time of enactment of this ordinance and which does not conform to the regulations of the district or zone in which it is situated.
(60) Nursery, Nursing Home. A home or facility for the care and treatment of babies, children, pensioners, or elderly people.
(61) Offices. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical, drafting, etc. Institutional offices of a charitable, philanthropic, financial or religious or educational nature are also included in this classification.
(62) Open Space. An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the planning (zoning) commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
(63) Parking Space, Off-Street. An off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
(64) Performance Bond or Surety Bond. An agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specification within the time prescribed by the subdivider's agreement.
(65) Personal Services. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, florists, and similar activities.
(66) Planned Unit Development. An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a Pre- planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(67) Printing and Publishing. Any business which is engaged in the printing and/or publishing of newspapers, magazines, brochures, business cards and similar activities either for profit or non-profit.
(68) Public Service Facility. The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping station, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public or private water and sewage service.
(69) Public Uses. Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(70) Public Way. An alley, avenue, boulevard, bridge, channel, ditch, easement, highway, land, road, sidewalk, street, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(71) Quasi-public Use. Churches, parochial schools, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
(72) Recreation, Commercial. Any business which is operated as a recreational enterprise, either publicly or privately owned, for profit. Examples include, but are not limited to: Golf Courses, Teen Centers, Bowling Alleys, Roller Skating Rinks, etc.
(73) Recreation, Non-Commercial. Any business which is operated as a recreational enterprise, either publicly or privately owned, for non-profit. Examples include, but are not limited to: fishing areas, parks, archery ranges, etc.
(74) Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel, trailer, camping trailer, truck camper and motor home.
(75) Recreational Vehicle Park. A parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
(76) Recreational Vehicle Site. A plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
(77) Right-of-Way. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features that are required by the topography such as grade separations, landscaped areas and bridges.
(78) Seat. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pew, or space for loose chairs.
(79) Setback Line. A line established by the zoning ordinance generally parallel with an measured from the lot line, defining the limits of a yard in which no building, other than accessory building or structure may be located above ground, except as may be provided in said code.
(80) Sewers, Central or Group. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
(81) Sewers, On-Site. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(82) Sidewalk. That portion of the road right-of-way outside the roadway pavement, which is improved for the use of pedestrian traffic.
(83) Sign. Any device designated or designed to inform or attract the attention of persons not on the premises on which the sign is located.
A. Sign, On-Premises. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
B. Sign, Off-Premises. Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
C. Sign, Illuminated. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
D. Sign, Lighting Device. Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
E. Sign, Projecting. Any sign which projects from the exterior of a building.
F. Sign, Ground. Means a display sign supported by uprights or braces in or upon the ground surface.
G. Sign, Marquee. Means a display sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street lot line.
H. Sign, Pole. Means any sign which is erected on a pole or poles, which is wholly or partially independent of any building for support.
I. Sign, Roof. Means a display sign which is erected, constructed and maintained above the roof of the building.
J. Sign, Temporary. Means a display sign, banner or other advertising device constructed of cloth, canvas, fabric or other light temporary material, with or without a structural frame, intended for a limited period of display, including decorative displays for holidays or public demonstrations.
K. Sign, Wall. Means a display sign which is painted on or attached directly to the building wall.
(84) Story. That part of a building between the surface of a floor and the ceiling immediately above.
(85) Transient Lodgings. A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined. Examples include: hotel, motel and apartment hotel.
(86) Transport Terminals. Any business, structure or premise which primarily receives or distributes goods.
(87) Structure. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
(88) Supply Yards. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(89) Swimming Pool. A pool, pond, lake, or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
A. Private. Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; and accessory use.
B. Community.
(90) Thoroughfare, Street, or Road. The full width between property lines bounding every public way or whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. Collector Street. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. Cul-de-Sac. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. Dead-end Street. A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
F. Local Street. A street primarily for providing access to residential or other abutting property.
G. Loop Street. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) degree system of turns are not more than one thousand (1000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other.
H. Marginal Access Street. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.)
(91) Through Lot. See Lot Types.
(92) Transportation, Director of. The Director of the Ohio Department of Transportation.
(93) The specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(94) Variance. A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(95) Veterinary Animal Hospital or Clinic. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
(96) Vicinity Map. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
(97) Walkway. A public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.
(98) Wholesale and Warehousing. Business establishments that generally store and sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
(99) A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general ground level of the graded lot upward; provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
A. Yard, Front. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
B. Yard, Rear. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. Yard, Side. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(100) Zoning Certificate. A document issued by the Zoning Inspector authorizing the occupancy or use of a building or structure or the actual use of lots or land in accordance with the previously issued Zoning Permit.
(101) Zoning Permit. A document issued by the zoning inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 570 A Passed 6-15-81.)
1149.01 ZONING PERMITS REQUIRED.
No building, or other structure, shall be erected, moved, added to, structurally altered, nor shall any building structure or land be established or changed in use without a permit therefor, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this zoning ordinance unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal, conditional use, or variance or from Village Council approving a Planned Unit Development District, as provided by this zoning ordinance.
(Ord. 570 A Passed 6-15-81.)
1149.02 CONTENTS OF APPLICATION FOR ZONING PERMIT.
The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half (2-1/2) years. At a minimum, the application shall contain the following information:
(a) Name, address, and phone number of applicant;
(b) Legal description of property;
(c) Existing use;
(d) Proposed use;
(e) Zoning district;
(f) Plans in duplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any, and the location and dimensions of the proposed building(s) or alteration;
(g) Building heights;
(h) Number of off-street parking spaces or loading berths;
(i) Number of dwelling units;
(j) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.
(Ord. 570 A Passed 6-15-81.)
1149.03 APPROVAL OF ZONING PERMIT.
Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this zoning ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this zoning ordinance.
(Ord. 570 A Passed 6-15-81.)
1149.04 SUBMISSION TO DIRECTOR OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within three-hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of five-hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail to the Director of Transportation that he shall not issue a zoning permit for one-hundred twenty (120) days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the one-hundred twenty (120) day period or any extension thereof agreed upon the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this zoning ordinance, issue the zoning permit.
(Ord. 570 A Passed 6-15-81.)
1149.05 EXPIRATION OF ZONING PERMIT.
If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one half (2-1/2) years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(Ord. 570 A Passed 6-15-81.)
1149.06 ZONING CERTIFICATE OF OCCUPANCY.
It shall be unlawful to use or occupy or permit the use or occupancy of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a zoning certificate of occupancy shall have been issued therefor by the Zoning Inspector stating that the proposed use of the structure or land conforms to the requirements of the Zoning Ordinance.
(Ord. 06-984. Passed 3-20-06.)
1149.07 TEMPORARY ZONING CERTIFICATE OF OCCUPANCY.
A temporary zoning certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.
(Ord. 06-984. Passed 3-20-06.)
1149.08 RECORD OF ZONING PERMITS AND ZONING CERTIFICATES OF OCCUPANCY.
The Zoning Inspector shall maintain a record of all zoning permits and zoning certificates of occupancy and copies shall be furnished upon request to any person.
(Ord. 06-984. Passed 3-20-06.)
1149.09 FAILURE TO OBTAIN A ZONING PERMIT OR ZONING CERTIFICATE OF OCCUPANCY.
Failure to obtain a zoning permit or zoning certificate of occupancy shall be a violation of this Ordinance and punishable under Section 1149.12.
(Ord. 06-984. Passed 3-20-06.)
1149.10 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this zoning ordinance and punishable as provided in Section 1149.12.
(Ord. 570 A Passed 6-15-81.)
1149.11 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this zoning ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate and take action thereon as provided by this zoning ordinance.
(Ord. 570 A Passed 6-15-81.)
1149.12 PENALTIES FOR VIOLATION.
Violation of the provisions of this zoning ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this zoning ordinance shall constitute a misdemeanor. Any person who violates this zoning ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 570 A Passed 6-15-81.)
1149.13 SCHEDULE OF FEES, CHARGES, AND EXPENSES.
The Village Council shall by ordinance establish a schedule of fees, charges, and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of this zoning ordinance requiring investigations, inspections, legal advertising, postage, and other expenses. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by the Village Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 570 A Passed 6-15-81.)
1153.01 INTENT.
Within the districts established by this ordinance or amendment that may later be adopted there exists lots, uses of land, structures, and uses of structures and land in combination which were lawful before this zoning ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning ordinance or future amendments. It is the intent of this zoning ordinance to permit these non-conformities to continue until they are removed. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 570 A Passed 6-15-81.)
1153.02 INCOMPATIBILITY OF NON-CONFORMITIES.
Non-conformities are declared by this zoning ordinance to be incompatible with permitted uses in the districts in which such use is located. A non-conforming use of land, or a non- conforming use of a structure and land in combination shall not be extended or enlarged after passage of this zoning ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
(Ord. 570 A Passed 6-15-81.)
1153.03 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in this zoning ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction, was lawfully begun prior to the effective date of adoption or amendment of this zoning ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
(Ord. 570 A Passed 6-15-81.)
1153.04 SINGLE NON-CONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective data of adoption or amendment of this zoning ordinance notwithstanding limitations imposed by other provisions of this zoning ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements listed in Chapters 1173 and 1177 other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in Sections 1157.08 through 1157.17.
(Ord. 570 A Passed 6-15-81.)
1153.05 NON-CONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this zoning ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this zoning ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this zoning ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this zoning ordinance.
(Ord. 570 A Passed 6-15-81.)
1153.06 NON-CONFORMING USES OF LAND.
Where, at the time of adoption of this zoning ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this zoning ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(a) No such non-conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this zoning ordinance.
(b) No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this zoning ordinance.
(c) If any such non-conforming uses of land are discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this zoning ordinance for the district in which such land is located.
(d) No additional structure not conforming to the requirements of this zoning ordinance shall be erected in connection with such non-conforming use of land.
(Ord. 570 A Passed 6-15-81.)
1153.07 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this zoning ordinance that could not be built under the terms of this zoning ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity;
(b) Should such non-conforming structure or non-conforming portion of structure be destroyed by fire or an Act of God, it may after approval by the Board of Zoning Appeals, be reconstructed as it previously existed. All remaining debris shall be cleared away and disposed of properly within two months of the time of destruction;
(c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 570 A Passed 6-15-81.)
1153.08 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this zoning ordinance that would not be allowed in the district under the terms of this zoning ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this zoning ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(b) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning ordinance, but no such use shall be extended to occupy any land outside such building;
(c) If no structural alterations are made, any non-conforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of this zoning ordinance;
(d) Any structure, or structure and land in combination, in or on which a non- conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed;
(e) When a non-conforming use of a structure, or structure and land in combination is discontinued or abandoned for more than two (2) years (except when a government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(f) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(Ord. 570 A Passed 6-15-81.)
1153.09 REPAIRS AND MAINTENANCE.
On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became non- conforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 570 A Passed 6-15-81.)
1153.10 USES UNDER CONDITIONAL USE PROVISIONS NOT NON- CONFORMING USES.
Any use which is permitted as a conditional use in a district under the terms of this zoning ordinance shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.
(Ord. 570 A Passed 6-15-81.)
1157.01 OFFICE OF ZONING INSPECTOR CREATED.
A Zoning Inspector designated by the Mayor and confirmed by Village Council shall administer and enforce this zoning ordinance. He may be provided with the assistance of such other persons as the Mayor and Council may direct. (Ord. 570 A Passed 6-15-81.)
1157.02 DUTIES OF ZONING INSPECTOR.
For the purpose of this ordinance, the Zoning Inspector shall have the following duties:
(a) Upon finding that any of the provisions of this zoning ordinance are being violated, he shall notify in writing the person responsible for such violation(s) ordering the action necessary to correct such violation;
(b) Order discontinuance of illegal uses of land, buildings, or structures;
(c) Order removal of illegal buildings or structures or illegal additions or structural alterations;
(d) Order discontinuance of any illegal work being done;
(e) Take any other action authorized by this zoning ordinance to ensure compliance with or to prevent violation(s) of this zoning ordinance. This may include the issuance of and action on zoning and certificate of occupancy permits and such similar administrative duties as are permissible under the law.
(Ord. 570 A Passed 6-15-81.)
1157.03 PROCEEDINGS OF PLANNING COMMISSION.
The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this zoning ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission.
(Ord. 570 A Passed 6-15-81.)
1157.04 BOARD OF ZONING APPEALS CREATED.
A Board of Zoning Appeals is hereby created, which shall consist of five (5) members, to be appointed by the Mayor and confirmed by Village Council, each for a term of five (5) years, except that the initial appointments shall be one (1) member each for one (1), two (2), three (3), four (4), and five (5) year terms. Each member shall be a resident of the Village. Members of the Board may be removed from office by the Village Council for cause upon written charges and after public hearing. Vacancies shall be filled by appointment by the Mayor and confirmed by Village Council for the unexpired term of the member affected.
(Ord. 570 A Passed 6-15-81.)
1157.05 PROCEEDINGS OF THE BOARD OF ZONING APPEALS.
The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this zoning ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
(Ord. 570 A Passed 6-15-81.)
1157.06 DUTIES OF THE BOARD OF ZONING APPEALS.
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this zoning ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determinations as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. If the Board convenes and all five members of the Board are present, the concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this zoning ordinance or to effect any variation in the application of this zoning ordinance. Should the Board convene and only four members of the Board are present, the concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this zoning ordinance or to effect any variation in the application of this zoning ordinance. The Board may not render a decision with less than four voting members present at any given hearing. For the purpose of this zoning ordinance the Board has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector;
(b) To authorize such variances from the terms of this zoning ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this zoning ordinance will result in unnecessary hardship, and so that the spirit of this zoning ordinance shall be observed and substantial justice done;
(c) To grant conditional use permits as specified in the Official Schedule of District Regulations and under the conditions specified in Chapter 1173 and such additional safeguards as will uphold the intent of this zoning ordinance.
(Ord. 811. Passed 9-7-93.)
1157.07 DUTIES OF ZONING INSPECTOR, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY AND COURTS ON MATTERS OF APPEAL.
It is the intent of this zoning ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this zoning ordinance that the duties of the Village Council in connection with this zoning ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this zoning ordinance. Under this zoning ordinance the Village Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this zoning ordinance as provided by law; approving or rejecting planned unit development projects and of establishing a schedule of fees and charges as stated in Section 1149.13. Nothing in this zoning ordinance shall be interpreted to prevent any official of the Village from appealing a decision of the Board to the courts as provided in the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision.
(Ord. 570 A Passed 6-15-81.)
1157.08 PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.
1157.09 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this zoning ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within thirty (30) days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(Ord. 570 A Passed 6-15-81.)
1157.10 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 570 A Passed 6-15-81.)
1157.11 VARIANCES.
The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this zoning ordinance would result in unnecessary hardship.
(Ord. 570 A Passed 6-15-81.)
1157.12 APPLICATION AND STANDARDS FOR VARIANCES.
(a) A variance from the terms of this zoning ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing:
(1) Name, address, and phone number of applicants;
(2) Legal description of property;
(3) Description of nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
B. That a literal interpretation of the provisions of this zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
C. That special conditions and circumstances do not result from the actions of the applicant;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning ordinance to other lands, structures, or buildings in the same district.
(b) A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and condition imposed by subsection (a)(4) hereof have been met by the applicant.
(Ord. 570 A Passed 6-15-81.)
1157.13 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this zoning ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this zoning ordinance in said district. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this zoning ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this zoning ordinance and punishable under Section 1149.12.
(Ord. 570 A Passed 6-15-81.)
1157.14 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(Ord. 570 A Passed 6-15-81.)
1157.15 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1157.14, notice of such hearing shall be given in one newspaper of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 570 A Passed 6-15-81.)
1157.16 NOTICE TO PARTIES IN INTEREST.
Before holding the public hearing required in Section 1157.14, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1157.15. The notice shall be sent to the applicant and to owners contiguous to, and directly across the street from the parcel(s) in question.
(Ord. 570 A Passed 6-15-81.)
1157.17 ACTION BY BOARD OF ZONING APPEALS.
Within thirty (30) days after the public hearing required in Section 1157.14
, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1157.13
, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. Appeals from Board decisions shall be made in the manner specified in Section 1157.07
.
(Ord. 570 A Passed 6-15-81.)
1157.18 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
1157.19 GENERAL.
It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Chapter 1173, shall follow the procedures and requirements set forth in Sections 1157.20 to 1157.25, inclusive.
(Ord. 570 A Passed 6-15-81.)
1157.20 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
An application for conditional use permit shall be filed with the Chairman of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(a) Name, address, and phone number of applicant;
(b) Legal description of property;
(c) Description of existing use;
(d) Zoning district;
(e) Description of proposed conditional use;
(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this zoning ordinance.
(g) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor and fumes and on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
(Ord. 570 A Passed 6-15-81.)
1157.21 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
The Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(b) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village's Comprehensive Plan and/or the zoning ordinance.
(c) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
(d) Will not be hazardous or disturbing to existing or future neighboring uses;
(e) Will be served adequately be essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(g) Will not involve uses, activities, processes, materials equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors;
(h) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(Ord. 570 A Passed 6-15-81.)
1157.22 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this ordinance and punishable under Section 1149.12.
(Ord. 570 A Passed 6-15-81.)
1157.23 PROCEDURE FOR HEARING, NOTICE.
(Ord. 570 A Passed 6-15-81.)
1157.24 ACTION BY THE BOARD OF ZONING APPEALS.
Within thirty (30) days after the public hearing required in Section 1157.23, the Board shall either approve, approve with supplementary conditions as specified in Section 1157.22, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in the manner specified in Section 1157.07.
(Ord. 570 A Passed 6-15-81.)
1157.25 EXPIRATION OF CONDITIONAL USE PERMIT.
A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two (2) years.
(Ord. 570 A Passed 6-15-81.)
1161.01 PROCEDURE FOR AMENDMENT OF DISTRICT CHANGES.
This zoning ordinance may be amended utilizing the procedures specified in this chapter.
(Ord. 570 A Passed 6-15-81.)
1161.02 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, Village Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 570 A Passed 6-15-81.)
1161.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this zoning ordinance may be initiated in one of the following ways:
(a) By adoption of a motion by the Planning Commission;
(b) By adoption of a resolution by Village Council;
(c) By the filing of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by said amendment.
(Ord. 570 A Passed 6-15-81.)
1161.04 CONTENTS OF APPLICATION.
Applications for amendments to the Official Zoning Map adopted as part of this zoning ordinance shall contain at least the following information:
(a) Name, address, and phone number of applicant;
(b) Present use;
(c) Present zoning district;
(d) Proposed use;
(e) Proposed zoning district;
(f) A vicinity map at a scale approved by the Zoning Inspector showing property lines thoroughfares, existing and proposed zoning and such other items as the Zoning Inspector may require;
(g) A list of all property owners and their mailing addresses who are within, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned;
(Ord. 570 A Passed 6-15-81.)
1161.05 TRANSMITTAL TO PLANNING COMMISSION.
Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall be transmitted to the Commission.
(Ord. 570 A Passed 6-15-81.)
1161.06 SUBMISSION TO DIRECTOR OF TRANSPORTATION.
Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law, however, the Village Council shall not approve the amendment for one hundred twenty (120) days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that he shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Village Council shall proceed as required by law.
(Ord. 570 A Passed 6-15-81.)
1161.07 RECOMMENDATION BY PLANNING COMMISSION.
Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Village Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied.
(Ord. 570 A Passed 6-15-81.)
1161.08 PUBLIC HEARING BY COUNCIL.
Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing. Said hearing shall be not more than forty (40) days from the receipt of the recommendation from the Planning Commission.
(Ord. 570 A Passed 6-15-81.)
1161.09 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing required in Section 1161.08 shall be given by Village Council by at least one (1) publication in one (1) or more newspapers of general circulation in the Village. Said notice shall be published at least thirty (30) days before the date of the required hearing. The published notice shall et forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 570 A Passed 6-15-81.)
1161.10 NOTICE TO PROPERTY OWNERS BY VILLAGE COUNCIL.
If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Village Council. The failure to deliver the notification, as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1161.09.
(Ord. 570 A Passed 6-15-81.)
1161.11 ACTION BY VILLAGE COUNCIL.
Within thirty (30) days after the public hearing required by Section 1161.08, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the Village Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths of the full membership of Village Council. No such ordinance shall be passed unless it has been fully and distinctly read on three different days, except that such ordinance may become emergency legislation if three-fourths of the members of Village Council vote to dispense with this rule.
(Ord. 570 A Passed 6-15-81.)
1161.12 EFFECTIVE DATE AND REFERENDUM.
(a) Such amendment adopted by Village Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the Village Clerk a petition, signed by a number of qualified voters residing in the Village equal to not less than ten (10) per cent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the Village Council to submit the zoning amendment to the electors of the Village for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 570 A Passed 6-15-81.)
1161.13 ANNEXATION.
All land annexed to the Village subsequent to the adoption of this ordinance shall remain subject to the previous township zoning district until such time as the Official Zoning Map is amended according to the provisions of this chapter.
(Ord. 570 A Passed 6-15-81.)
1165.01 OFFICIAL ZONING MAP.
The districts established in this chapter as shown on the Official Zoning Map which, together with all explanatory matter thereon, are hereby adopted as part of this zoning ordinance.
(Ord. 570 A Passed 6-15-81.)
1165.02 IDENTIFICATION OF THE OFFICIAL ZONING MAP.
The Official Zoning Map shall be identified by the signature of the Mayor and attested by the Village Clerk.
(Ord. 570 A Passed 6-15-81.)
1165.03 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:
(a) Where district boundaries are indicated as approximately following the center lines of thoroughfares or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries;
(b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;
(c) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map;
(d) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line;
(e) Where the boundary of a district follows the river, lake or channel, said boundary line shall be deemed to be at the limit of the jurisdiction of the village unless otherwise indicated.
(Ord. 570 A Passed 6-15-81.)
1169.01 INTENT.
The following zoning districts are hereby established for the Village of Russells Point, Ohio. For the interpretation of this zoning ordinance, the zoning districts have been formulated to realize the general purposes as set forth in the preamble of this zoning ordinance. In addition, the specific purpose of each zoning district shall be as stated.
(Ord. 570 A Passed 6-15-81.)
1169.02 LOW DENSITY RESIDENTIAL DISTRICT (R-1).
The purpose of the R-1 District is to permit the establishment of low density single family dwellings not to exceed four (4) dwelling units per gross acre.
(Ord. 570 A Passed 6-15-81.)
1169.03 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-2).
The purpose of the R-1 District is to permit the establishment of medium density single family dwellings not to exceed eight (8) dwelling units per gross acre. This district is also designed to permit multi-family dwellings as a conditional use and the conversion of large older houses as a conditional use in well established neighborhoods to multi-family units. Other conditional uses are listed on the Official Schedule of District Regulations.
(Ord. 570 A Passed 6-15-81.)
1169.04 HIGH DENSITY RESIDENTIAL DISTRICT (R-3).
The purpose of the R-3 District is to permit the establishment of high density multi-family dwelling not to exceed sixteen (16) dwelling units per gross acre. Single-family dwellings are a permitted use and conditional sues are listed on the Official Schedule of District Regulations.
(Ord. 570 A Passed 6-15-81.)
1169.05 SERVICE BUSINESS DISTRICT (B-1).
The purpose of the service business district is to provide land for sales, service and repair establishments which require highway orientation or larger tracts of land not normally available in central and local business districts; do not contribute to the design of a unified business center; depend on drive-in business; and require a location along or near major thoroughfares and intersections. Specific permitted uses and conditional uses are listed on the Official Schedule of District Regulations.
(Ord. 570 A Passed 6-15-81.)
1169.06 LOCAL BUSINESS DISTRICT (B-2).
The purpose of the local business district is to provide land for retail and personal service establishments offering convenience-type goods and services for the daily needs of the people. Specific permitted uses and conditional uses are listed on the Official Schedule of District Regulations.
(Ord. 570 A Passed 6-15-81.)
1169.07 CENTRAL BUSINESS DISTRICT (B-3).
The purpose of the central business district is to provide land for retail, service, office, institutional, commercial, recreational and cultural facilities that are fully compatible in an intensely developed or developing commercial center and for a logical expansion of the compacted core. Single and multi-family housing is permitted. Specific permitted uses and conditional uses are listed on the Official Schedule of District Regulations.
(Ord. 570 A Passed 6-15-81.)
1169.08 LIGHT MANUFACTURING DISTRICT (M-1).
The purpose of the light manufacturing district is to provide land for manufacturing or industrial establishments which are relatively clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke, etc. Heavy manufacturing is permitted as a conditional use. Commercial activities compatible with light manufacturing uses are permitted. Specific permitted uses and conditional sues are listed on the Official Schedule of District Regulations.
(Ord. 570 A Passed 6-15-81.)
1173.01 COMPLIANCE WITH REGULATIONS.
The regulations for each district set forth by this zoning ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided; or as otherwise granted by the Board of Zoning Appeals:
(a) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall be erected or altered:
(1) To provide for greater height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
than herein required, or in any other manner be contrary to the provisions of this zoning ordinance.
(c) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements set forth herein.
(d) All territory which may hereafter be annexed to the village shall be administered according to the applicable township zoning district regulations until otherwise classified.
(Ord. 570 A Passed 6-15-81.)
1173.02 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED.
1173.03 IDENTIFICATION OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS.
The Official Schedule of District Regulations shall be identified by the signature of the Mayor and attested to and kept secure by the Village Clerk.
(Ord. 570 A Passed 6-15-81.)
1177.01 GENERAL.
The purpose of supplementary district regulations is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered.
(Ord. 570 A Passed 6-15-81.)
1177.02 CONVERSION OF DWELLINGS TO MORE UNITS.
A residence may be converted to accommodate an increased number of dwelling units provided:
(a) The yard dimensions including minimum lot width, still meet the yard dimensions required by the zoning regulations for new structures in that district in which the dwelling is located.
(b) The lot area per family equals the lot area requirements for new structures in the R-3 district;
(c) The floor area per dwelling unit is not reduced to less than that which is required for new construction in the R-3 district;
(d) The conversion is in compliance with all other relevant codes and ordinances.
(Ord. 570 A Passed 6-15-81.)
1177.03 PRIVATE SWIMMING POOLS.
A private residential swimming pool for purposes of this Chapter means any indoor or outdoor structure, chamber, or tank, containing a body of water for swimming, diving, or bathing located at a dwelling housing no more than three families and used exclusively but the residents and their non-paying guests, including spas. For the purposes of this Chapter, "dwelling" includes an individual room or individual suite of rooms at a hotel, motel, or other establishment providing temporary lodging.
"Structure, chamber or tank" means any container that does not possess both of the following characteristics: The container is easily portable when empty; and the container is not capable of holding more than one hundred fifty gallons of water.
"Spa" means any swimming pool that that is typically operated as a smaller, higher temperature pool for recreational and non medical uses. "Smaller" means less than five thousand gallons in volume. "Higher temperature" means greater than ninety degrees Fahrenheit.
"Bathing" means any activity with a body of water, except for personal cleansing, religious ceremonies, medical purposes under the care of a professional certified by the Ohio state medical board pursuant to division (D))(1) of Section 4731.053 of the Ohio Revised Code.
No private swimming pool shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) It may not be located closer than ten feet to any property line.
(c) The swimming pool, or the entire property on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than four feet in height, maintained in good condition with a gate and lock in accordance with Section 1305.01, Adoption of Property Maintenance Codes, IMPC Section 303.
(d) Provisions shall be made for drainage of the pool into a public storm sewer, where possible, or sanitary sewer (with permission of Logan County Water Pollution Control District), unless there is a ditch or natural watercourse of sufficient size and gradient adjacent to the pool location to carry off the water satisfactorily, in which case drainage may be put into such ditch or watercourse. Permission must be obtained from the Code Enforcement Officer before the pool is drained in whole or in any substantial amount, in order to prevent overloading the sewer or ditch in times of heavy rain. In no case shall the pool be drained, directly or indirectly, into any street, adjacent property, or the lake.
(e) All lights used for illuminating such pool or the surrounding areas shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
(f) Buildings, grounds, dressing rooms and all other swimming pool or family pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse.
(g) Inflatable and portable swimming and wading pools shall be drained and stored in a suitable place from the last day of October until the first day of April of the following calendar year. (Ord. 19-1174. Passed 9-16-19.)
1177.04 TEMPORARY BUILDINGS.
Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. (Ord. 570 A Passed 6-15-81.)
1177.05 PARKING AND STORAGE OF CERTAIN VEHICLES.
Automotive vehicles without current license plates shall not be parked or stored in the Village on any private or public property other than in completely enclosed buildings. Parking of a disabled licensed vehicle- a vehicle not operable on public roads under its own power - within any district in the Village for a period of more than two (2) weeks shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building.
Watercraft (ORC 1546.01), recreational vehicles, and their trailers that have a current license/tags (ORC 1547.57) for use on public roads, waterways or land and any type of vehicle (other than human powered) that is for closed course competition or off road use, if not stored in
a completely enclosed building may be stored in the rear or side yard of their owner, if they meet
side and rear accessory set back requirements, are covered with a cover designed for that vehicle's outdoor storage (Not plastic sheeting, or blue, or canvas tarps etc.) and in a manner to deter access by children and animals, kept free of litter and vegetation, and which does not detract from the neighborhood.
(a) Watercraft, recreational vehicles, off road, or competition vehicles may be parked in owner’s driveway for no more than two (2) consecutive days in any seven (7) day period for cleaning and/or maintenance
(b) Motor homes, all non-commercial trailers and non-commercial equipment on wheels (log splitters, roasters, etc) may be parked in their owner’s side or rear yards providing they have current license and meet setback requirements.
(c) Licensed businesses which are actively engaged in the repair or sales of automotive, recreational, off road, or competition vehicles, watercraft or trailers may have unlicensed or disabled vehicles stored in the open if they are a part of their inventory for sales or repair. This section does not apply to land where licensed junk yards are established.
(d) No more than one commercial vehicle under 10,000 lbs (gross vehicle weight empty) may be parked only in the driveway on properties in zoning districts R-1, R-2, and R-3.
(e) Only vehicles owned and/or registered to the current tenant or resident may be stored in the open on property in zoning districts R-1, R-2, and R-3.
(f) Travel trailers (ORC 4501.01(Q)) when used as a dwelling for habitation (Section 1145.02(23)) shall only be located in approved travel trailer parks. The temporary storage of one travel trailer in the rear or side yard of the residence premises owned or leased by the owner of such travel trailer shall be permitted as long as the travel trailer is not used for human habitation or dwelling purposes during such temporary storage and all setback requirements are observed, and it is currently licensed. In the event of a corner lot, such temporary storage of a travel trailer shall not occur in the side yard which abuts the street right of way.
(g) Tents are prohibited from use as a dwelling for habitation (Section 1145.02(23)) purposes in all districts.
All penalties for violation of this zoning provision shall be as provided under the penalties code of Section 1149.12. (Ord. 10-1045. Passed 4-5-10.)
1177.06 REQUIRED RUBBISH, GARBAGE COLLECTION, AND STORAGE AREAS.
(a) The owner and/or operator of all commercial, industrial, and multifamily residential premises shall provide rubbish and/or garbage collection and storage areas that shall be enclosed on at least three (3) sides by a solid wall or fence a minimum of four (4) feet in height or one (1) foot higher than the receptacles therein if such area is not within an enclosed structure.
(1) All receptacles shall be of adequate volume to hold all rubbish and garbage generated between normal removal intervals.
(2) Removal intervals shall be at a minimum of one (1) calendar week.
(3) All receptacles shall be approved for outdoor use, and have covers that restrict entrance of animals and rodents.
(4) Garbage receptacles shall be leak proof.
(5) Provisions for adequate vehicular access to and from such area or areas for collection of rubbish and garbage shall be determined by the Zoning/Building Officer.
(b) Every occupant of a single-family dwelling unit shall supply covered containers that are leak proof, approved for outdoor use, for all rubbish and garbage stored in the open and restrict entrance of animals and rodents.
(1) The containers shall be of adequate number and/or volume to hold all rubbish and garbage generated between normal removal intervals.
(2) Trash bags may only be place at the curb twelve (12) hours before the time of pickup.
The owner of each single-family dwelling unit shall be responsible for providing weekly removal of rubbish and garbage.
(Ord. 06-988. Passed 8-21-06.)
1177.07 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.
1177.08 SETBACK REQUIREMENTS FOR CORNER BUILDINGS.
On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(Ord. 570 A Passed 6-15-81.)
1177.09 VISIBILITY AT INTERSECTIONS.
(a) On a corner lot in any (B) business or (M) manufacturing district or in any district where a street or highway has a speed limit of more than 35 m.p.h., nothing shall be erected, placed , planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one half and ten feet above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street lines fifty feet from the point of intersection.
(b) In any (R) residential district at the intersections of collector, local, loop, and marginal access streets or cul-de-sac where cross traffic flow is regulated by a stop sign or light in one or more directions and the speed limit is 25 m.p.h. or less, and on arterial streets or highways that have a four way stop regulated by signs and a speed limit of 35 m.p.h. or less, visibility set back line shall be twenty feet from point of intersection.
(Ord. 06-984. Passed 3-20-06.)
1177.10 YARD REQUIREMENTS FOR MULTI-FAMILY DWELLINGS.
Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the R-3 district as though it were on an individual lot.
(Ord. 570 A Passed 6-15-81.)
1177.11 SIDE AND REAR YARD REQUIREMENTS FOR NON-RESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Non-residential buildings or uses shall not be located nor conducted closer than twenty (20) feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty (50) percent of the requirement if acceptable landscaping or screening approved by the Zoning Inspector is provided.
(Ord. 570 A Passed 6-15-81.)
1177.12 ARCHITECTURAL PROJECTIONS.
Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard. Sidewalks are exempted from this provision.
(Ord. 570 A Passed 6-15-81.)
1177.13 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in the Official Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to aircraft.
(Ord. 570 A Passed 6-15-81.)
1177.14 SPECIAL PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or similar objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this zoning ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements in Sections 1177.15 to 1177.20, inclusive.
(Ord. 570 A Passed 6-15-81.)
1177.15 FIRE HAZARDS.
Any activity involving the use or storage of flammable chemicals, petroleum products or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(Ord. 570 A Passed 6-15-81.)
1177.16 ELECTRICAL DISTURBANCE.
No activity shall emit electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. The disturbance must be due solely to the creator and not due to defective wiring, equipment, etc., at the receiving point.
(Ord. 570 A Passed 6-15-81.)
1177.17 FENCES AND WALLS.
The purpose of these fence regulations is to preserve and protect property values, to enhance safety and security, to provide privacy, and to improve the visual environment. Fences and walls are permitted in all districts, subject to the following conditions:
(a) Location.
(1) For purposes of determining the location and height requirements in Section 1177.17, each yard abutting upon a street shall be considered as a front yard on each respective street. Except, each yard abutting upon an alley shall not be considered as a front yard on each respective alley. The front of a lot shall be construed to be the portion nearest the street except for waterfront property in which case the portion of the lot nearest the main body of water shall be the front of the lot.
(2) Fences and walls shall be permitted in any yard and are considered structures.
(3) If no structure exists on a lot, no fence or wall may project past the front building line of the average of the adjacent properties or the minimum front yard setback, whichever is greater.
(4) No fence or wall shall be closer than three (3) feet to any right-of-way line.
(b) Height.
(1) In any R-1, R-2, or R-3 District, fences and walls shall not exceed four and one half (4 1/2) feet in height the front yard or six and one half (6 1/2) feet in height for side and rear yards.
(2) In any B-1, B-2, or B-3 District, fences and walls shall not exceed four and one half (4 1/2) feet in height the front yard or six and one half (6 1/2) feet in height for side and rear yards. Except, fences and walls of residential uses, found in the B-1, B-2 or B-3 Districts shall not exceed four and one half (4 1/2) in the front yard or six and one half (6 1/2) feet in height for other yards.
(3) In any M-1 District, fences and walls shall not exceed eight (8) feet in height.
(c) Materials.
(1) Fences shall not contain an electric charge.
(2) Barbed wire shall be permitted only in the M-1 District and only on the top of a perimeter fence.
(d) Site Distance Requirements.
(e) Maintenance.
(1) Property owners must keep the area in and around all fences and walls free of high weeds, grass and debris.
(2) Fences and walls shall be anchored firmly in the grounds, shall be constructed in a workmanlike manner, shall be maintained so that such fences, retaining walls or similar structures shall always be in a state of good structural repair and shall not constitute a threat to the health and safety of the general public and/or a blighting influence.
(f) Zoning Permit.
(1) A zoning permit is required from the Village for the erection or installation of all fences and walls.
(2) The location of property pins and/or a copy of a survey performed by a state licensed registered surveyor may be required. Mortgage surveys will not be accepted for boundary line determinations.
(Ord. 19-1169. Passed 4-15-19.)
1177.18 SAND AND GRAVEL EXTRACTION.
Sand and gravel extraction, storage or processing shall not be conducted closer than 200 feet from any structure used for human occupancy.
(Ord. 570 A Passed 6-15-81.)
1177.19 ENFORCEMENT PROVISIONS.
The Zoning Inspector, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(Ord. 570 A Passed 6-15-81.)
1177.20 MEASUREMENT PROCEDURES.
Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standard Association, Inc.., New York, the Manufacturing Chemists' Association, Inc., Washington, D.C.,the United States Bureau of Mines, and the Ohio Environmental Protection Agency.
(Ord. 570 A Passed 6-15-81.)
1177.21 PERMITS AND INSPECTIONS.
The Village of Russells Point Council establishes and requires inspections and necessary permits be issued for all structures that meet one or more of the following:
(a) Any work performed on a structure, internal and/or external, increases the structure’s overall value by fifty percent (50%).
(b) A fifty percent (50%) increase in the square footage of livable space.
(c) The structure is/or has been substantially altered by fifty percent (50%).
(Ord. 03-949. Passed 7-21-03.)
1181.01 GENERAL REQUIREMENTS.
(a) No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and/or loading spaces have been provided in accordance with the provisions of this Zoning Ordinance. Any exceptions to this provision shall be granted only by the Board of Zoning Appeals.
(b) The provisions of this chapter, except where there is a change of use, shall not apply to any existing building or structure.
(c) Whenever a building or structure constructed after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date of this Zoning Ordinance is enlarged to the extent of fifty (50) per cent or more in floor area, number of employees, number of housing units, seating capacity or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein.
(Ord. 16-1145. Passed 1-17-17.)
1181.02 PARKING SPACE DIMENSIONS.
A parking space shall have a minimum rectangular dimension of not less than nine (9) feet in width and nineteen (19) feet in length for ninety (90) degree parking, nine (9) feet in width and twenty-three (23) feet in length for parallel parking, ten (10) feet in width and nineteen (19) feet in length for sixty (60) degree parking, and twelve (12) feet in width and nineteen (19) feet in length for forty-five (45) degree parking. All dimensions shall be exclusive of driveways, aisles, and other circulation areas. The number of required off-street parking spaces is established in Section 1181.15.
(Ord. 16-1145. Passed 1-17-17.)
1181.03 LOADING SPACE REQUIREMENTS AND DIMENSIONS.
A loading space shall have minimum dimensions of not less than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation areas, and a height of clearance of not less than fifteen (15) feet. One off-street loading space shall be provided and maintained on the same lot requiring delivery of goods and having a modified gross floor area of up to five thousand (5,000) square feet. One loading space shall be provided for each additional ten thousand (10,000) square feet or fraction thereof of ground floor area.
(Ord. 16-1145. Passed 1-17-17.)
1181.04 PAVING.
(a) Business/commercial (B-1, B-2, B-3). The required number of parking and loading spaces as set forth in Sections 1181.03 and 1181.15, together with driveways, aisles, and other circulation areas, shall be improved with such material to provide a durable hard surface of asphalt, concrete or a combination thereof, unless an alternative surface or environmentally friendly surface is proposed and approved by the Code Enforcement Officer.
(b) Residential (R-1, R-2, R-3). The required number of parking and loading spaces as set forth in Sections 1181.03 and 1181.15, together with driveways, aisles, and other circulation areas, shall be improved with such material to provide a durable hard surface of asphalt, concrete, gravel, or a combination there of, unless an alternative surface or environmentally friendly surface is proposed and approved by the Code Enforcement Officer.
(c) Residents with drives and/or parking areas having a surface other than described above which existed before March 1, 2017, shall be permitted to continue their use. Nothing in this Chapter shall prevent an owner from performing any required maintenance on these existing driveways and/or parking areas. Any new residential construction or replacement or enlargement of existing driveways and/or parking areas shall require conformance with this Chapter.
(d) Commercial properties with drives and/or parking areas having a surface other than described above which existed before March 1, 2017, shall be permitted to continue their use. Nothing in this Chapter shall prevent an owner/operator from performing any required maintenance on these existing driveways and/or parking areas. Any new commercial construction or replacement or enlargement of existing driveways and/or parking areas, or the sale of the commercial property that has a driveway and/or parking area in violation of the requirements of this Chapter, shall require conformance with this Chapter.
(Ord. 16-1145. Passed 1-17-17.)
1181.05 DRAINAGE.
All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.
(Ord. 16-1145. Passed 1-17-17.)
1181.06 MAINTENANCE.
The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all trash and other debris.
(Ord. 16-1145. Passed 1-17-17.)
1181.07 LIGHTING.
Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property.
(Ord. 16-1145. Passed 1-17-17.)
1181.08 LOCATION OF PARKING SPACES.
The following regulations shall govern the location of off-street parking spaces and areas:
(a) Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve;
(b) Parking spaces for commercial, industrial, or institutional uses shall be located not more than seven hundred (700) feet from the principal use;
(c) Parking spaces for apartments, or similar residential uses shall be located not more than three hundred (300) feet from the principal use.
(Ord. 16-1145. Passed 1-17-17.)
1181.09 SCREENING AND/OR LANDSCAPING.
Whenever a parking area is located in or adjacent to a residential district it shall be effectively screened on all sides which adjoin or face any property used for residential purposes, by an acceptably designed fence, or planting screen. Such fence or planting screen shall be not less than four (4) feet nor more than six (6) feet in height and shall be maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence or planting screen will not serve the intended purpose, then no such fence or planting screen and landscaping shall be required.
(Ord. 16-1145. Passed 1-17-17.)
1181.10 MINIMUM DISTANCE AND SETBACKS.
No part of any parking area for more than ten (10) vehicles shall be closer than twenty (20) feet to any dwelling unit unless separated by an acceptably designed screen. If on the same lot with a one-family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than four (4) feet to any established street or alley right-of-way.
(Ord. 16-1145. Passed 1-17-17.)
1181.11 JOINT USE.
Two or more non-residential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the Code Enforcement Officer shall be filed with the application for a zoning permit.
(Ord. 16-1145. Passed 1-17-17.)
1181.12 WHEEL BLOCKS.
Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
(Ord. 16-1145. Passed 1-17-17.)
1181.13 WIDTH OF DRIVEWAY AISLE.
Driveways serving individual parking spaces shall be not less than twenty-five (25) feet wide for ninety (90) degree parking, twelve (12) feet wide for parallel parking, seventeen and one- half (17-1/2) feet for sixty (60) degree parking, and thirteen (13) feet for forty-five (45) degree parking.
(Ord. 16-1145. Passed 1-17-17.)
1181.14 STRIPING.
All parking areas with a capacity over twelve (12) vehicles shall be striped with painted lines five (5) inches wide between stalls to facilitate the movement into and out of the parking stalls. Lines shall be maintained in a good visible condition.
(Ord. 16-1145. Passed 1-17-17.)
1181.15 PARKING SPACE REQUIREMENTS.
For the purpose of this Ordinance, the following parking space requirements shall apply:
Type of Use | Parking Spaces Required |
Single-family or two family dwelling | Two for each unit |
Apartments, or multi-family dwellings | Two for each unit |
Boarding houses, rooming houses | One for each sleeping room or one for each permanent occupant |
Mobile Homes | Two for each unit |
Automobile services garages which also provide repair | One for each two gasoline pumps and/or two for each service bay |
Motel, hotel | One for each sleeping room plus one for each 300 sq. ft. of commercial floor uses therein |
Dining rooms, restaurants, taverns, night clubs, etc. | One for each 100 sq. ft. of floor area |
Retail stores | One for each 250 sq. ft. of floor area |
Banks, financial institutions and similar uses | One for each 250 sq. ft. of floor area |
Offices, public or professional administration, or services | One for each 400 sq. ft. of floor area |
All other types of businesses or commercial uses permitted in any business district | One for each 300 sq. ft. of floor area |
Churches and other places of religious assembly | One for each 5 seats |
Private club or lodge | One for each five members |
Bowling alley | Five for each alley |
Kindergartens, child care centers, nursery schools, and similar uses | Two for each classroom but not less than six for the building |
All types of manufacturing, storage, and wholesale uses permitted in any manufacturing district | One for every 2 employees (on the largest shift for which the building is designed) |
(Ord. 16-1145. Passed 1-17-17.)
1181.16 GENERAL INTERPRETATIONS.
In the interpretation of this chapter, the following rules shall govern:
(a) Parking spaces for other permitted or conditional uses not listed in this chapter shall be determined by the Board of Zoning Appeals upon an appeal from a decision of the Code Enforcement Officer.
(b) Fractional numbers shall be increased to the next whole number.
(c) When a reason for parking demand is unusually low, then the parking space provisions cited above may be reduced proportionately by the Board upon an appeal from a decision of the Code Enforcement Officer.
(Ord. 16-1145. Passed 1-17-17.)
1185.01 INTENT.
Sign regulation, including provisions to control the type, design, size, location and maintenance thereof, are hereby established in order to achieve, among others, the following purposes:
(a) To enable the public to locate goods, services and facilities without difficulty or confusion;
(b) To provide a safe environment by prohibiting conditions hazardous to vehicular and pedestrian traffic;
(c) To protect property values, public investment and overall neighborhood character by preventing conditions that have undesirable impacts on surrounding properties;
(d) To permit enforcement and prosecution of the regulations in this chapter, and to create a system of variances and appeals to allow exceptions where justified by hardship;
(e) To identify locations of development and economic activity by permitting signs appropriate to the land use and zoning district of each parcel while insuring that signs will be harmonious with their surroundings.
(Ord. 04-965. Passed 7-6-04.)
1185.02 COMPLIANCE REQUIRED EXCEPTIONS.
(a) No sign or street graphic may be erected, displayed, substantially altered or relocated except in conformance with this chapter.
(b) Signs erected and maintained pursuant to and in discharge of a governmental function or as required by any law, ordinance or governmental regulation are excluded. However, compliance with the purpose and intent of this chapter to the extent practical is encouraged.
(Ord. 04-965. Passed 7-6-04.)
1185.03 DEFINITIONS.
As used in this chapter, the terms listed below shall be interpreted according to the following definitions.
(a) "Sign" or "street graphic" means any display, figure, painting, placard, poster, drawing, letter, word, symbol, number, or any combination of these or any other device visible, with or without verbiage, which can be seen from the right-of-way and are designed to inform or attract the attention of persons not on the premises on which the sign or street graphic is located. Used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product.
(b) "Sign panel" means a structural object or portion of structural object designed to form a distinct background area or frame for the display of a sign's information.
(c) Signs by Use Type. For the purpose of determining permitted signs, all signs are classified by use type and defined as follows:
(1) "Billboard" means a sign, of any size, directing attention to a specific business, product, service, entertainment or other activity that is sold, offered or conducted elsewhere than upon the lot on which the sign is located by an entity that has its principal place of business located beyond 50 miles of the Village Corporation Limits.
(2) "Bulletin board" means a sign for the display of announcements of a public or semipublic institution and located on the grounds of the institution.
(3) "Business sign" means generally, a sign containing product advertisements or other detailed information about the operation of a business. Specifically, such sign is one which contains brand names of goods sold or services rendered on the premises, a listing of numerous specific types of goods or services, prices or special "sale" information, forms of payments accepted, hours of operation, telephone number or other similar information. A business sign may also include items permitted on an "identification sign".
(4) "Directional sign" is an on-premise sign indicating a direction or a location to which pedestrian or vehicular traffic is requested to move.
(5) "Identification sign" means generally, a sign identifying or naming a business institution, residential development or other use. Specifically, such sign may indicate the name, owner, or manager and address of an existing building, business or other use, including the general type of goods sold or services rendered, but without a listing of numerous specific goods or services and without reference to brand names, prices, "sales" or telephone numbers.
(6) "Information sign" means a sign which presents miscellaneous information or instructions intended to serve the public rather than to promote a business, product or issue. Such sign may not contain information included in the definition of any other sign by use type. Typical information signs include signs presenting travel information and other signs concerning weather, time, historic and scenic sites, public recreation facilities, miscellaneous instructions and warnings, etc.
(7) "Logo" (or "trademark") means a letter or group of letters (usually stylized) or a symbol or symbols that represent a word, group of words, or business name. Usually used as part of a business identification scheme that is meant to identify goods, products, services or a business entity itself.
(8) "Nameplate" means a sign indicating the name, address and/or profession of a person or persons occupying a residence, excluding name and address on mail box.
(9) "Off-premise sign". See definition of "Billboard".
(10) "Real estate sign" means a temporary sign promoting the development, construction, rental, sale or lease of property.
(11) "Sold sign" means a temporary sign announcing that a property has been sold, leased or is no longer available.
(12) "Temporary sign" means a sign intended for use for a limited period of time, generally not over thirty days.
(d) Signs by Structural Type. For the purpose of determining permitted signs, all signs are classified by structural type and defined as follows:
(1) "Awning sign" means a non-illuminated sign affixed flat to the surface of an awning (known as the base material) or which does not extend vertically or horizontally beyond the limits of such an awning.
(2) "Banner" means a temporary sign composed of light weight material not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by the movement of the atmosphere.
Includes those used to announce open houses, grand openings, make special announcements, or communicate events. Banners may be secured or unsecured.
A. "Decorative banner" means a banner attached to a light pole or similar fixture that is meant purely for decorative purposes and containing no business logo or advertisement of any kind.
B "Festival banner" means a temporary sign or banner displayed by public or quasi-public organizations for special purposes (such as County Fair, special school event, etc.).
C. "Special event business banner" means a temporary banner, used by businesses for special events.
(3) "Canopy signs" means a sign attached to or painted on the fascia or hanging from the soffit of a canopy or covered entrance or attached to a permanent awning or marquee. Mansard roofs shall be considered as canopies.
(4) "Changeable copy sign (automatic)" means a sign or portion thereof on which the copy changes automatically or animation is displayed through electrical or electronic means (e.g., time and temperature units and message centers); considered a business sign.
(5) "Changeable copy sign (manual)"means a sign or portion thereof on which copy is changed manually through placement of letters or symbols on a sign panel; considered a business sign.
(6) "Freestanding sign" means a sign which is not attached to a building and which is either attached directly to the ground or elevated on a supporting structure attached to the ground.
(7) "Logo flag" means a sign made of flag-like material containing logo or identifying symbol.
(8) "Portable sign" means a sign which is designed to be moved and is not permanently attached to any part of a building or to the ground.
(9) "Projecting sign" means a sign erected on the outside wall of a building and projecting out at an angle therefrom.
(10) "Roof sign" means a sign erected upon and either partially or completely over the roof of any building.
(11) "Wall sign" means a sign integral with or painted on the exterior face of an exterior wall of a building or structure, or attached to the wall, and parallel with the wall and projecting not more than fifteen inches therefrom.
(12) "Window sign" means a sign painted, attached or affixed to the interior or exterior surface of windows or doors of a building or suspended on the inside or outside of the windows or doors.
(e) "Unit of a building" or "building unit" refers to a space occupying a portion of the ground floor of a building, containing an, entrance from the building exterior, and separated from other such spaces by a party wall or walls.
(f) "Panel sign" means a sign which is mounted, attached, painted, or displayed on a sign panel.
(g) "Nonpanel sign" means a sign which is not mounted, attached, painted or displayed on a sign panel.
(h) "Community facilities" means existing, planned and proposed parks, play grounds, schools and other public lands and buildings of the Village, County or school district as well as churches.
(Ord. 13-1084. Passed 4-1-13.)
1185.04 MEASUREMENT STANDARDS.
Sign face area, sign height and sign location, as regulated in this chapter, shall be measured according to the following standards.
(a) Sign Face Area. Standards for computing the amount of sign face area permitted by these regulations are established as follows:
(1) Measurement of sign face area.
A. Panel signs. For two-sided signs, only one side shall be included in the measurement. Measurement of sign face area shall include the actual panel area and shall include structural supports of the panel only if such supports are designed and used to convey part of the sign's message.
B. Nonpanel signs. Sign face area shall be measured to include the surface area of the smallest rectangles enclosing the words, characters, logos and designs of the sign but not the individual letters of the sign. Only one side of a two-sided sign shall be included in the measurement. Measurement of sign face area shall include structural supports of the sign only if such supports are designed and used to convey part of the sign's message. In the case of nonpanel signs consisting of upper and lower case letter forms, calculation of overall square footage shall be obtained by multiplying the height of lower case letters (excluding ascenders and descenders) times the length.
(2) Measurement of building and lot frontage.
A. Building frontage. The frontage of a building shall be the width of the facade(s) of the building which faces the principal street or contains the main entrance. If a building is divided into units, the building unit frontage shall be the width of that unit, as measured from the party wall center lines, on the frontage of the building. In instances where a person, association, partnership, corporation or other legal entity occupies more than one building unit and each building unit supports the principal business of the occupant and where:
1. The building units are contiguous; or
2. The building units are located on the same lot;
then the provisions of this chapter shall apply as if there were only one building unit. In such cases the building frontage shall include the total building frontage of the individual contiguous building units or the building frontage of the principal building where the individual building units are not contiguous.
B. Lot frontage. The frontage of a lot shall be the number of lineal feet the lot abuts on the principal street as measured at and along the right-of-way line.
(b) Sign Height. The height of free-standing signs shall be measured from the base of the sign at its point of attachment to the ground to its topmost element. However, if the support of a free-standing sign is attached to a wall or other man made base, including a graded earth mound, or if the point of attachment to the ground is lower than the grade of the nearest street, the sign height shall be measured from the grade of the nearest street, drive or parking area, as determined by the Zoning Inspector.
(c) Sign Location. In determining the location of signs in relation to lot lines, including district and street lines, distances shall be measured from the vertical projection of the lot lines to the closest point of the sign.
(Ord. 04-965. Passed 7-6-04.)
1185.05 SECONDARY ENTRANCES.
Buildings or building units with lot frontage on two or more public streets may have permitted signs and sign area in addition to that otherwise permitted based upon the following:
(a) A building or building unit with frontage and a customer building entrance from a rear or side parking lot shall be permitted total additional wall, window or canopy signs not to exceed fifty percent (50%) of all sign area otherwise permitted. Such additional signs shall not exceed the number of signs permitted for the principal facade and street. This exception applies once and is not intended to be "per frontage" if a building or building unit has more than two frontages. Additional free-standing identification signs. are not permitted unless certain other criteria are met as outlined in subsection (b) hereof. This provision shall also apply to buildings or building units with secondary frontage adjoining a freeway right-of-way. In no case shall the total square footage of all signs exceed 300 square feet.
(b) For buildings or building units with frontage on more than one street and where the parking area is served by more than one vehicular entrance on the second street, one additional free-standing identification sign shall be permitted at each vehicular entrance if the minimum distance between any two such signs is 500 feet as measured along the right-of-way. In no case shall the total square footage of all signs exceed 300 square feet.
(Ord. 04-965. Passed 7-6-04.)
1185.06 DESIGN STANDARDS.
In order to facilitate information, legibility, traffic safety and general economic vitality, signs should be designed in a manner compatible with the character and style of the buildings on which they are located. adjoining buildings, and neighboring signs; in terms, color, materials and size. Furthermore, signs shall be designed to be structurally sound and located so as to pose no harm to pedestrian or vehicular traffic. More specifically, signs shall be designed in accordance with the following standards. Use of the term "should" in place of "shall" indicates that a standard is a recommendation and not a mandatory regulation.
(a) Free-Standing Signs. Sign panels on free-standing signs shall face no more than two directions. The distance between parallel, back-to-back sign panels shall be no greater than three feet. If a "V" shaped sign, the angle between sign faces, as measured at the point of intersection, shall not exceed sixty degrees (60°).
(b) Construction. All signs and supporting structures shall be such as to withstand a wind pressure of thirty pounds per square foot. All electrical wiring, fittings and material used in construction and operation of signs shall conform to the codes and specifications of the Village of Russells Point to the extent the specifications are in effect or to the applicable codes of the State of Ohio if none exist in the Village of Russells Point.
(c) Vertical Clearance. The lowest element of any sign which occupies vertical space above a pedestrian or vehicular way and is designed to permit traffic thereunder shall be at least ten feet above the finished grade of a sidewalk or other pedestrian way and at least sixteen feet above the finished grade of a pavement used for vehicular traffic if such sign is located within eighteen inches of the vertical projection of the pavement edge. Awnings or canopies displaying signs shall meet the clearance standards of Section 1177.12
, "Architectural Projections" .
(d) Relation to Traffic Devices. Unless regulated otherwise in the codes of the Village, signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections, or street sight lines or signals at railroad or grade crossings. Signs visible from the sight lines along a street shall not contain symbols or words such as "stop", "go", "slow", etc., or red or green lights that resemble traffic signs or devices.
(e) Visibility at Intersections. Signs shall be located and designed so as to maintain a substantially clear view between two and five-tenths feet and eight feet above grade in a triangle formed by intersecting street right-of-way lines and a line thirty feet from the point where the street lines intersect. At the intersection of a driveway and public street, such triangle shall be defined by the street right-of-way line, the driveway pavement edge and a line ten feet from the point of intersection.
(f) Exterior Display. No building or structure in any zoning district shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk or public or private right-of-way. No portion of the exterior of any building or structure shall contain any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any adult material, specified sexual activities or specified anatomical areas. This section shall apply to any advertisement, display, promotional material, decoration, or sign, to any performance, show or special event, and to any window, door, or other opening.
(Ord. 04-965. Passed 7-6-04.)
1185.07 ILLUMINATION OF SIGNS.
Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness or intensity so as to cause glare hazardous to pedestrians or auto drivers, or so as to cause reasonable objection from adjacent residential districts. Flashing, moving or intermittent illumination shall not be permitted. In R-l, R-2, R-3 Zoning Districts only nameplates and bulletin boards may be illuminated. All signs in other districts may be illuminated.
(Ord. 04-965. Passed 7-6-04.)
1185.08 EXCEPTIONS AND PROHIBITED SIGNS.
(a) Exceptions. The provisions of this chapter shall not govern the display of the following signs:
(1) The American, and Ohio flags and flags of other nations or nationality groups (except where used as part of a sign advertising a product or service);
(2) Governmental signs providing traffic control information and similar public information;
(3) Signs which are part of the original construction of a vending machine, fuel pump or similar device;
(4) Any monument within a cemetery;
(5) Cornerstones and permanent building plaques displaying the date of construction, architect's name, building name, historical information, etc., and not exceeding eight square feet in area;
(6) Signs in nonresidential districts displaying only a street address and not exceeding two square feet in area;
(7) Holiday or seasonal decorations, excluding advertising, displayed for reasonable and customary duration of time;
(8) Signs on vehicles that are regularly and customarily used to transport persons or property for a business;
(9) Works of art that do not include a commercial message;
(10) Special purpose signs including festival banners and decorative banners as defined in Section 1185.03
(d)(2)A. and B. announcing or promoting re-occurring, nonbusiness, public events such as but not limited to county fairs, school festivals, etc., displayed for reasonable and customary duration of time.
(11) Logo flag that is mounted on a flag pole with no other flag on the same pole, containing identification information (logo); not to exceed twenty-four square feet.
(12) Other signs determined to be outside this chapter's scope of regulation with respect to a reasonable and custody interpretation of intent.
(b) Prohibited Signs. The following types of signs are prohibited in any zoning district unless specifically permitted by definition or use as provided for elsewhere in this chapter:
(1) Moving, flashing and animated signs of any sort, including revolving signs, banners, streamers, ribbons, pennants, spinners, and/or other similar moving devices; except for temporary banners, streamers, ribbons and pennants used for a length of time not to exceed fifteen days to call attention to initial openings of businesses in B-1, B-2, and B-3 Zoning Districts.
(2) Billboards as defined in Section 1185.03(c)(1).
(3) Roof signs as defined in Section 1185.03(d)(10).
(4) Portable signs as defined in Section 1185.03
(d)(8), except for temporary portable, on-premises signs displayed for a length of time not exceeding fifteen days by charitable or nonprofit organizations, churches or similar; and except for temporary portable on-premises signs displayed by businesses in B-1, B-2, and B-3 Zoning Districts to call attention to initial openings and displayed for a length of time not exceeding fifteen days.
(5) Signs imitating or resembling official traffic or government signs and signals.
(6) Off-premise real estate directional signs (excluding temporary Open House signs in place for a period not to exceed twelve hours).
(7) Signs which create a visibility hazard or impair the future utilization or expansion of public streets.
(8) Any sign that is installed, erected or attached in any form, shape or manner to a fire exit or any door or window giving access to any fire escape unless specifically to identify the fire escape or exit as approved and required by the Fire Prevention Officer.
(Ord. 04-965. Passed 7-6-04.)
1185.09 SPECIAL EVENT BUSINESS BANNERS.
The following is required for any business to display a special event business banner as defined in Section 1185.03(d)(2)C.:
(a) Permitted up to six times per year.
(b) Twelve square feet maximum.
(c) Maximum time displayed - three days.
(d) Permit and fee required.
(e) For special events such as "Fall Sale", "Anniversary Sale", etc., only.
(f) Cannot promote specific products and/or prices.
(Ord. 04-965. Passed 7-6-04.)
1185.10 TEMPORARY SIGNS.
(a) It is the intent of this section to regulate, restrict and control the display of temporary signs as to duration, size and location, as well as to provide for the health, safety and welfare of residents of the Village who may be endangered due to defective construction and/or location of temporary signs.
(b) No temporary signs shall be posted in a manner that is destructive to public or private property. All persons, including candidates for public office, their campaign committees, or other persons responsible for the temporary signs shall be held responsible for the posting and removal of the signs.
(c) All temporary signs except billboard signs shall not exceed fourteen inches in height by twenty-two inches in width. Billboards shall conform to the requirements listed in Section 1185.03(c)(1).
(d) This section does not apply to any political campaign headquarters, which shall conform to the requirements of the zoning district in which the headquarters is located.
(e) No temporary signs shall be permitted upon utility poles, trees or in the public right-of-way.
(f) The Village may remove any temporary sign not in compliance with this chapter and charge the expenses of removal to the owner of the property where such sign(s) are located.
(Ord. 13-1084. Passed 4-1-13.)
1185.11 APPLICATIONS FOR PERMITS.
Applications for permits to erect, place, move or alter a sign shall be made by the owner or lessee of the property for which a sign is proposed. The application shall be submitted to the Zoning Inspector on forms furnished by the Village. The fee shall be established by separate ordinance. The permit fee shall be waived in the case of a sign alteration or replacement in order to bring a legal nonconforming sign into conformance with the regulations of this chapter.
(a) Permit Required. All permanent and temporary signs shall be subject to the applicable regulations regarding permitted types, number, area, height and location. Permits shall be required for all permanent and temporary signs with the exception of the following:
(1) Nameplates and information signs for individual dwellings.
(2) Real estate, auction sale, garage sale, house sale, and open house signs less than six square feet in area.
(3) Business signs displayed as temporary window signs.
(4) Political signs.
(6) Normal maintenance or repainting which does not alter the size, placement or structure of a legal conforming sign (legal nonconforming signs see Section 1185.13).
(7) Signs excepted as stated in Section 1185.08(a).
(b) Contents of Application. Each application shall present the information required below through use of photographs and drawings at a scale which clearly shows details and design of the sign.
(1) The design and layout of each sign proposed, including the total area of all signs and the area, height, character, materials, colors and type of lettering or other symbols of individual signs.
(2) Photographs or drawings of the building for which the signs are proposed and photographs of surrounding buildings, signs and uses. Also included shall be the width of the building or building unit face or faces and the lot dimensions.
(3) The proposed illumination shall be described.
(4) A site plan showing the location of each sign in relation to the building and property boundary markers.
(Ord. 04-965. Passed 7-6-04.)
1185.12 MAINTENANCE AND REMOVAL OF SIGNS.
(a) All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with this Zoning Code or other governmental agency with competent jurisdiction shall be removed by the last permit holder or the building owner or by the Village at the expense of such permit holder or building owner.
(b) Whenever the removal or maintenance of any permanent sign has been ordered by the Zoning Inspector and the person, firm or corporation who owns such sign or on whose premises such sign or display structure has been erected, affixed or attached, fails to remove or maintain the sign within thirty days after receiving such notice, the Zoning Inspector may remove or cause to be removed or maintain such sign at the expense of the person, firm or corporation who owns such sign, or on whose premises it was erected, affixed or attached and each such person, firm or corporation shall be individually and separately liable for the expenses incurred in the removal of such sign. Prohibited and/or temporary signs shall be removed within five days after a removal order is received from the Zoning Inspector. The Board of Zoning Appeals may vary the thirty day period contained in this section.
(c) If, in the opinion of the Zoning Inspector or other inspector qualified to make such a determination, a sign is so hazardous as to constitute an immediate danger to life, the Zoning Inspector shall promptly cause the repair or removal of the sign at the expense of the person, firm or corporation who owns such sign or the owner on whose premises the sign was erected, affixed or attached. (Ord. 04-965. Passed 7-6-04.)
1185.13 NONCONFORMING SIGNS.
Signs and sign structures in existence prior to or on the effective date of this chapter which violate or otherwise do not conform to the provisions of this chapter and which were erected in accordance with a Village permit shall be deemed legal nonconforming signs. All such legal nonconforming signs and structures shall be maintained in accordance with this sign chapter.
(a) Loss of Nonconforming Status. It is the intent of this section that legal nonconforming signs eventually be brought into compliance with the provisions and regulations of this chapter. As a result a legal nonconforming sign shall immediately lose its legal nonconforming status and therefore must be brought into conformance with this chapter or be removed if the sign is enlarged, relocated or replaced; or if it is part of an establishment which discontinues operation for thirty consecutive days; or if it is structurally damaged to an extent greater than one half of its estimated replacement value. Similarly any legal nonconforming advertising structure so damaged must be brought into compliance or be removed.
(b) Maintenance and Repair. Any legal nonconforming sign may be painted, cleaned or maintained and structural or electrical parts may be repaired or restored to a safe condition provided the maintenance or repair does not alter, change, enlarge or relocate the existing sign or sign structures.
(c) Limitation on Reconstruction. A nonconforming sign or part thereof damaged or deteriorated to an extent exceeding fifty percent (50%) of its replacement cost shall not be reconstructed or replaced unless made to conform to the regulations of this Code. For a nonconforming sign damaged by a single incident (such as a storm) to an extent less than fifty percent (50%) of its replacement cost, reconstruction is permitted only if such work is begun within two months of the incident and is completed within four months of the incident.
(d) Temporary Signs. All nonconforming temporary signs including portable signs shall be removed or made to comply with the regulations of this Code within five days after issuance of a violation by the Village.
(Ord. 04-965. Passed 7-6-04.)
1185.14 SUPPLEMENTAL REGULATIONS.
(a) Shopping Centers. For purposes of this chapter, five or more businesses located on a single lot and served by common parking or common vehicular entrances shall be classified as a "shopping center" and shall be permitted one free-standing identification sign in addition to other permitted signs in accordance with the following regulations:
(1) Contents. Each shopping center identification sign shall display only the name of the center and may at the discretion of the shopping center owner list the names of businesses located within the center.
(2) Size. The maximum sign face area of a shopping center identification sign shall equal twenty square feet for each 10,000 square feet of gross floor area but shall not exceed 100 square feet. All shopping centers however shall be permitted a sign of at least thirty-two square feet. A maximum height of twenty-five feet shall be permitted.
(3) Other regulations. All other regulations of this chapter applicable to identification signs shall apply to a shopping center identification sign.
(4) Other sign. A lot displaying a shopping center identification sign may display no other free-standing identification or business sign.
(5) Secondary frontage. One additional shopping center identification free-standing sign and one additional shopping center identification wall sign shall be permitted on a secondary street frontage with a vehicular entrance to the shopping center.
(6) Outlots. If a vehicular entrance or parking lot of a shopping center also serves a use located on a separate lot (i.e. "outlet") the free-standing identification or business sign permitted for such lot shall be limited to a maximum of twenty square feet in area and five feet in height.
(b) Advertising. Permanent business signs or portions of permanent business signs devoted to the advertising of brand names of specific products or services which are not the principal products or services of the occupant of the building unit shall be limited to twenty percent (20 %) of the maximum sign face area permitted in total for the building or unit thereof.
(c) Nonground Floor Uses. For uses not located on the ground floor or for ground floor uses which lack direct access from the building exterior, the following signs shall be permitted in addition to signs otherwise permitted for the building. Regardless of the number of such uses in a building, not more than one wall sign, a maximum of six square feet in area, may be placed at each ground floor entrance providing access to the uses in question. In addition, for each such use, window signs not exceeding twenty square feet in total area shall be permitted for display on the inside surface of windows within the subject area.
(d) Rear or Side Entrance. In addition to signs and sign face area otherwise permitted each building or building unit shall be entitled to one wall, window or canopy identification sign not exceeding six square feet in area that is located at a rear or side entrance as designated by the business owner or proprietor.
(e) Drive-Thru Restaurants. For restaurants providing direct service to customers in motor vehicles one free standing or wall-mounted "menu board" sign (limited to information regarding the restaurants menu and related instructions) shall be permitted for each drive-thru lane in addition to signs and sign area otherwise permitted. Such sign shall not exceed forty square feet in area and six. feet in height and shall meet setback regulations applicable to free-standing identification signs as specified in this section.
(f) Gasoline Service Stations. Gasoline service stations shall conform to the sign regulations applicable to the district in which each is located except as permitted below.
(1) Gasoline service stations shall be permitted one free-standing permanent business sign one that identifies the name of the business or principal brand of gasoline and the other advertising the price of fuel by type or grade. No other information may be displayed on the free-standing identification or business signs.
(2) For signs displaying the price of fuel the numerals on such sign shall not exceed two feet in height.
(g) Theaters. The following regulations shall apply to indoor and outdoor movie theaters which require (as determined by the Zoning Inspector) signs announcing shows or performances. Two poster-sized frames (copy to be changed) per theater screen for current and coming attractions. Total area cannot exceed forty percent (40%) of total permitted sign area. Indoor theaters are permitted canopy marquee signs announcing current or future attractions at a size not to exceed seventy-five percent (75%) of the fascia of each side of the canopy marquee. All other regulations of this chapter shall apply to theaters.
(Ord. 04-965. Passed 7-6-04; Ord. 06-989. )
1185.15 VARIANCES.
(a) The Board of Zoning Appeals may in specific cases vary or permit exceptions to any of the provisions of this chapter if it finds that such variation or exception will not violate the spirit or intent of this chapter and is in accordance with the general criteria for the granting of variances as stated in Chapter 1157 except in the following instances:
(1) Variances with regard to the type of sign may not be granted in Zoning Districts R-1, R-2, R-3.
(1) Zoning district of the proposed sign(s).
(2) Use-type, structural-type, area, height and location of the proposed sign(s).
(3) Visibility of proposed sign with respect to pedestrian and vehicular traffic.
(4) Illumination of the sign(s).
(5) Design of the sign(s).
(6) Unusual natural or man-made physical and/or topographic characteristics peculiar to site.
(7) The intent of this chapter.
(Ord. 04-965. Passed 7-6-04.)
1185.16 SIGNS IN R-l, R-2, AND R-3 ZONING DISTRICTS.
(a) Nameplates. Nameplates in R-1, R-2 and R-3 Zoning Districts
(1) Free-standing wall or projecting.
(2) Two per dwelling unit.
(3) Two square feet maximum each.
(4) Five feet minimum from any lot or right-of-way line.
(5) Five feet maximum from the building line.
(b) Identification Signs. Identification signs for subdivisions and/or multi-family:
(1) Free-standing wall or canopy/awning.
(2) One sign (additional free-standing sign shall be permitted at each vehicular entrance if minimum distance between any two such signs is at least 500 feet apart).
(3) Twenty square feet.
(4) Five feet in height maximum.
(5) Fifteen feet minimum from any lot or right-of-way line.
(c) Identification Signs. Identification signs for public or quasi-public uses:
(1) Free-standing, wall or canopy/awning.
(2) One sign.
(3) Forty square feet.
(4) Five feet in height maximum.
(5) Fifteen feet minimum from any lot or right-of-way line.
(6) Twenty-five feet from any dwelling.
(d) Information Signs. Information signs for individual dwelling units:
(1) Free-standing or wall.
(2) Minimum number necessary as determined by the Zoning Inspector.
(3) One square foot maximum.
(4) Two feet in height maximum for individual dwelling units.
(5) Five feet minimum from any lot or right-of-way line
(6) Five feet maximum from the building line.
(e) Directional Signs. Directional signs (on premises) not permitted for 1-4 unit residential buildings:
(1) Free-standing or wall.
(2) Minimum number necessary as determined by Zoning Inspector.
(3) Six square feet maximum.
(4) Four feet in height maximum.
(5) Five feet minimum from any lot line, except one foot minimum from any right-of-way line.
(f) Real Estate Signs and Sold Signs. Real estate signs and sold signs permitted for individual lots or building until all are sold or rented:
(1) Free-standing, wall or window.
(2) One per street frontage for individual buildings and lots.
(3) Six-square feet maximum.
(4) Four feet in height maximum.
(g) Subdivision Real Estate Signs and Sold Signs. Real estate signs and sold signs for subdivisions permitted until all lots or buildings are sold or rented:
(1) Free-standing, wall or window.
(2) One per frontage on each perimeter street.
(3) Forty square feet maximum.
(4) Eight feet in height maximum.
(5) Twenty feet minimum from any lot or right-of-way line and seventy-five feet from any occupied dwelling.
(h) Bulletin Boards. Bulletin boards for public or quasi-public uses:
(1) Free-standing or wall.
(2) One per public or quasi public use.
(3) Twenty square feet maximum.
(4) Five feet in height maximum.
(5) Twenty feet minimum from any lot line.
(Ord. 04-965. Passed 7-6-04.)
1185.17 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1185.18 SIGNS IN B-1, AND B-2 ZONING DISTRICTS.
(a) For each building unit, not more than one identification sign shall be displayed as either a wall sign, a canopy fascia sign, a window sign, or a free-standing sign, unless restricted in subsection (d)(1)-(23) hereof. It is the intent of this section to prohibit free-standing identification signs on lots with street frontage insufficient to provide the required minimum distance from lot lines. If frontage is less than sixty feet, free-standing identification signs are not permitted.
(b) Two business signs per unit permitted. Each business sign cannot be more than twenty percent (20%) of permitted total permanent sign area per sign. Business signs shall be displayed as either a wall sign, a canopy fascia sign, or a window sign, unless restricted in subsection (d)(1)-(22) hereof.
(c) Wall and canopy signs shall not extend above the wall or surface to which they are attached. Wall signs shall be set back from the ends of the building and party wall lines a minimum distance of three feet.
(d) Maximum total sign face area of all permanent signs shall be related to the width of the building or building unit. Maximum total permanent sign face area shall not exceed 300 square feet and shall be determined as follows:
Frontage width of building x 1.8 if building setback is less than 50 feet as measured from the right-of-way,
Frontage width of building x 2 if building setback is 50 to 300 feet as measured from the right-of-way
Frontage width of building x 2.2 if building setback is 301 to 600 feet as measured from the right-of-way
Frontage width of building x 2.4 if building setback is over 600 feet as measured from the right-of-way
(1) Free-standing identification signs. Free-standing identification signs if lot frontage is at least sixty feet but less than eighty feet in width:
- One per business unit
- Twenty square feet maximum sign face area
- Five feet height maximum
- Eight feet from street right-of-way
- Thirty feet from side and rear lot lines
(2) Free-standing identification signs. Free-standing identification signs if lot frontage is at least eighty feet but less than 125 feet in width:
- One per lot
- Fifty square feet maximum
- Twenty feet in height maximum
- Eight feet from street right-of-way
- Forty feet from side and rear lot lines
(3) Free-standing identification signs. Free-standing identification signs if lot frontage is at least 125 feet in width:
- Seventy-two square feet maximum
- Twenty-five feet in height maximum
- Eight feet from street right-of-way
- Sixty feet from side and rear lot lines
(4) Wall identification signs.
- One per business unit
- Maximum sign face area - width of building X 1.2 (subject to maximum limitations as calculated in this subsection
(5) Window identification signs.
- One per business unit
- Maximum sign face area not to exceed twenty-five percent (25%) of total window glass area (excluding door windows)
(6) Canopy identification signs.
- One per business unit
- Six square feet maximum for soffit
- Thirty-two square feet maximum for fascia
(7) Projecting identification signs. Not permitted.
(8) Free-standing business signs.
- One per business unit only if the business sign is a changeable copy sign and the changeable copy sign is attached to the same structure and in addition to a free-standing identification sign.
- Maximum size - twenty-five percent (25 %) of the permitted free-standing identification sign face area. This area is included within maximum sign face area and is not in addition to sign face area.
(9) Wall and/or window business signs. *Theaters only.
- Two per business unit
- Each sign cannot exceed twenty percent (20%) of permitted total permanent sign area.
- *Two per theater screen for current and coming attractions - total area not to exceed forty percent (40 %) of total sign area.
(10) Canopy business signs. Not permitted. *
- *Except for indoor theaters which shall be permitted canopy marquee signs announcing current or future attractions at a size not to exceed seventy-five percent (75 %) of the fascia of each side of the canopy or marquee.
(11) Projecting signs. Not permitted.
(12) Free-standing directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Six square feet maximum
- Four feet in height maximum
- Ten feet from residential district line
- Eight feet from street right-of-way
- Five feet from side and rear lot lines
(13) Wall directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Six square feet maximum
(14) Window directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Six square feet maximum
(15) Canopy directional and information signs. Not permitted.
(16) Projecting directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Four square feet maximum
(17) Free-standing real estate signs.
- One per street frontage
- Thirty-two square feet maximum
- Eight feet in height maximum
- Twenty feet from residential district line
- Eight feet from street right-of-way
(18) Wall or window real estate signs.
- One per street frontage
- Twenty square feet maximum
- No more than twenty-five percent (25 %) of window area
(19) Canopy real estate signs. Not permitted.
(20) Projecting real estate signs. Not permitted.
(21) Temporary free-standing signs. Not permitted.
- Exception: May be displayed by public and quasi public organizations for special purposes (See Section 1185.08
(a).)
(21) Wall and/or window temporary signs. Window only permitted.
(22) Temporary canopy signs. Not permitted.
(23) Temporary projecting signs. Not permitted.
(Ord. 04-965. Passed 7-6-04.)
1185.19 SIGNS IN B-3 ZONING DISTRICT.
(a) For each building unit not more than one identification sign shall be displayed as either a wall sign a canopy fascia sign or a window sign.
(b) Two business signs per unit permitted unless otherwise stated in this section. Business signs cannot be more than twenty percent (20%) of permitted total permanent sign area per sign. Business signs shall be displayed as either a wall sign, a canopy fascia sign or a window sign.
(c) Wall and canopy signs shall not extend above the wall or surface to which they are attached. Wall signs shall be set back from the ends of the building and party wall lines a minimum distance of three feet.
(d) Maximum total sign face area of an permanent signs shall be related to the width of the building or building unit. Maximum total permanent sign face area shall not exceed 300 square feet and shall be determined as follows:
Frontage width of building x 1.8
(1) Free-standing identification signs. Not permitted.
(2) Wall identification signs.
- One per business
- Twenty square feet maximum
(3) Window identification signs.
- One per business
- Twenty square feet maximum
(4) Canopy identification signs.
- One per business
- Six square feet maximum for soffit
- Twenty square feet maximum for fascia
(5) Projecting identification signs. Not permitted.
(6) Free-standing business signs. Not permitted.
(7) Wall and/or window business signs.
- Two per business
- Cannot exceed twenty percent (20 %) of permitted total permanent sign area.
(8) Canopy business signs. Not permitted.
(9) Projecting business signs. Not permitted.
(10) Free-standing directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Four square feet maximum
- Three feet in height maximum
- Ten feet from residential district line
- Eight feet from street right-of-way
- Five feet from side and rear lot lines
(11) Wall directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Four square feet maximum
(12) Window directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Four square feet maximum
(13) Canopy directional and information signs. Not permitted.
(14) Projecting directional and information signs. Not permitted.
(15) Free-standing real estate signs.
- One per street frontage
- Six square feet maximum
- Four feet in height maximum
- Twenty feet from residential district line
- One foot from street right-of-way (two feet from corner lot)
- Twenty feet from side and rear lot lines
(16) Wall or window real estate signs.
- One per street frontage
- Twenty square feet maximum
- No more than twenty-five percent (25 %) of wall or window area
(17) Canopy real estate signs. Not permitted.
(18) Projecting real estate signs. Not permitted.
(19) Temporary free-standing signs.
- May only be displayed by public or quasi public organizations for special purposes. (See Section 1185.08
(a).)
(20) Wall and/or window temporary signs. Window only permitted.
(21) Temporary canopy signs. Not permitted.
(22) Temporary projecting signs. Not permitted.
(Ord. 04-965. Passed 7-6-04.)
1185.20 SIGNS IN M-I AND M-2 ZONING DISTRICTS.
(a) For each building unit not more than one identification sign shall be displayed as either a wall sign, a canopy fascia sign, a window sign or a free-standing identification sign.
(b) Maximum total sign face area of all permanent signs shall be related to the width of the building or building unit. Maximum total permanent sign face area is determined by the following formulas:
Frontage width of building x 2 if building setback is less than 50 feet
Frontage width of building x 2.3 if building setback is 50 to 300 feet
Frontage width of building x 2.6 if building setback is 301 to 600 feet
(1) Free-standing identification signs.
- One per business street frontage
- 100 square feet maximum
- Twenty feet in height maximum
- Seventy-five feet from residential district line
- Twenty feet from street right-of-way
- Forty feet from side and rear lot lines
(2) Wall window or canopy identification signs.
- One either wall, window or canopy fascia
- Width of building unit x 1.2 for wall
- Twenty-five percent (25 %) of window area for window
- Width of building unit x 1.2 for canopy fascia
(3) Projecting identification signs. Not permitted.
(4) Free-standing business signs. Not permitted.
(5) Wall and/or window business signs. Not permitted.
(6) Canopy business signs. Not permitted.
(7) Projecting business signs. Not permitted.
(8) Free-standing directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Six square feet maximum
- Five feet in height maximum
- Ten feet from residential district line
- Five feet from street right-of-way
- Five feet from side and rear lot lines
(9) Wall directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Six square feet maximum
(10) Window directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Six square feet maximum
(11) Canopy directional and information signs.
- Soffit only
- Minimum number necessary as determined by Zoning Inspector
- Four square feet maximum
(12) Projecting directional and information signs.
- Minimum number necessary as determined by Zoning Inspector
- Four square feet maximum
(13) Free-standing real estate signs.
- One per street frontage
- Forty square feet maximum
- Ten feet in height maximum
- Forty feet from residential district line
- Five feet from street right-of-way
- Thirty feet from side and rear lot lines
(14) Wall real estate signs.
- One per street frontage
- Fifty square feet maximum
- Twelve feet in height maximum
(15) Window real estate signs.
- One per street frontage
- Twenty square feet maximum
- Maximum - no more than twenty-five percent (25 %) of window area
(16) Canopy real estate signs. Not permitted.
(17) Projecting real estate signs. Not permitted.
(18) Temporary free-standing. Not permitted.
- Exception: May be displayed by public and quasi public organizations for special purposes (See Section 1185.08
(a).)
(19) Wall and/or window temporary signs. Window only permitted.
(20) Temporary canopy signs. Not permitted.
(21) Temporary projecting signs. Not permitted.
(c) Industrial Parks. In addition to signs otherwise permitted, an industrial park identification sign shall be permitted for a unified development of three or more industrial firms and buildings served by a common local access road. Such sign shall conform to the following regulations:
- One for each street frontage containing vehicular entrance to the industrial park (vehicular entrance may be off-site, providing all other sitting for sign is permitted)
- Can contain name and address of the industrial park and names of firms located in the park
- Must be located at a vehicular entrance to the industrial park
- 100 square feet maximum sign face area per side
- Twelve feet in height maximum
- Seventy-five feet from residential district line
- Eight feet from street right-of-way
- Ten feet from side and rear lot lines
If an industrial park identification sign is displayed, no other free-standing identification sign in the development shall be located within 100 feet of the road or street on which the industrial park has vehicular access.
(Ord. 04-965. Passed 7-6-04.)
1185.99 PENALTY.
Any person, entity or corporation who does not correct a violation of this chapter after receiving notice in accordance with Section 1185.12 and within the time limits imposed by Section 1185.12, shall be fined not more than one hundred dollars ($100.00). Each day such violations continue, after the time limit imposed by Section 1185.12 shall constitute a separate and distinct offense. (Ord. 04-965. Passed 7-6-04.)
1187.01 PURPOSE.
To establish regulations for alternative energy in order to preserve and protect public health and safety and to permit residents and businesses of the Village of Russells Point to take advantage of alternative energy while maintaining the integrity of the Village of Russells Point Comprehensive Plan.
(Ord. 16-1132. Passed 4-18-16.)
1187.02 DEFINITIONS.
(a) "Anemometer" is an instrument that measures the force and direction of the wind.
(b) "Clear Fall Zone" means an area surrounding the wind turbine unit into which the turbine, tower and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure. The area shall remain confined within the property lines of the primary parcel where the turbine is located. The purpose of the zone being that if the turbine shall fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not intrude onto a neighboring property.
(c) “Code Enforcement Officer” means the Village of Russells Point Code Enforcement Officer.
(d) “Cowling" means a streamlined removable cover that encloses the turbine's nacelle.
(e) "Ground mounted" means an alternative energy project which is not attached to a building and which is either attached directly to the ground or elevated on a supporting structure attached to the ground.
(f) "Megawatt" means a unit of power equal to one million watts.
(g) "Monopole tower" means a tower constructed of a single, self-supporting metal tube, anchored to a foundation.
(h) "Nacelle" sits atop the tower and contains the essential mechanical components of the turbine to which the rotor is attached.
(i) "Owner" means any of the following:
(1) "Equipment owner" means the person or entity that owns an alternative energy project.
(2) "Participating owner" means the owner of the property on which an alternative energy project is built.
(3) "Non-participating landowner" means an owner of property on which an alternative energy project is not being built.
(j) "Roof/building mounted" means an alternative energy project which is attached to a building or roof.
(k) "Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades.
(l) "Small wind energy project" means a wind energy project that has a capacity of more than 2 kilowatts and less than 5 megawatts, including the wind turbine generator or anemometer or any parts thereof and is primarily used to generate energy for use on the property where it is located. Small wind energy projects shall include Horizontal Axis Wind Turbines (HAWTs), Vertical Axis Wind Turbines (VAWTs), and Blade Tip Power System (BTPSs).
(m) “Solar energy system” is a solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat.
(n) "Total height" means any of the following:
(1) Means for a horizontal and vertical axis turbine, the vertical distance from ground level to the tip of the wind generator blade when the tip is at its highest point.
(2) Means for a blade tip power system, the vertical distance from ground level to the highest point of the turbine structure.
(o) "Wind energy project" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Ohio R. C. 1551.20) and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire or other component used in the project.
(p) "Wind generator" means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy project.
(Ord. 16-1132. Passed 4-18-16.)
1187.03 SMALL WIND ENERGY PROJECTS.
Wind Energy Projects of 5MW or more shall be required to submit an application with the Ohio Power Siting Board (OPSB) at the Public Utilities Commission of Ohio (PUCO) and are required to meet OPSB regulations. Any proposed construction, erection, or siting of a small wind project less than 5MW shall be a permitted use if the regulations in Section 1187.04 to 1187.06 are met.
(Ord. 16-1132. Passed 4-18-16.)
1187.04 STANDARDS - SMALL WIND ENERGY PROJECT.
(a) Small Wind Energy Projects are permitted in all zoning districts.
(b) Setbacks:
(1) Ground mounted.
A. A distance equal to 1.1 times its total height from any overhead utility lines, unless written permission is granted from the affected utility.
B. A distance equal to 1.1 times its total height from all adjacent property lines.
C. A distance equal to 1.1 times its total height from all road right-of-way lines.
D. The owner shall provide for a "clear fall zone" that shall be maintained at all times the turbine or tower is standing. The "clear fall zone", along with the manufacturer's recommendations of such a zone must be attached to the engineering report submitted as part of the application.
E. May be placed in the side and rear yards, but shall not be placed closer to the street than the front of the principal structure.
(2) Roof or building mounted.
A. Shall be located on the rear half of the principal structure.
B. The rear half of the principal structure shall be determined by standards established in the Village of Russells Point Ordinances.
(c) Maximum Height:
(1) Ground mounted.
A. R-1, R-2, R-3, B-1, B-2, B-3: 50 feet
B. M-1: 150 feet
(2) Roof or building mounted.
A. Maximum permitted height of the principal building, plus 15 feet.
(d) Location. Small wind energy projects shall not be located or co-located on existing and/or future public and private utility structures including but not limited to cell towers, radio antennae, television antennae.
(e) Design. Small wind energy projects shall be designed in a manner that makes them as visually unobtrusive as possible, while meeting safety requirements. Towers and poles shall be monopole in design. Turbines, towers and poles shall be black, white, off-white or unpainted metal, unless colors are required by federal regulations.
(f) Lighting. Small wind energy projects shall not be illuminated except if required by the Federal Aviation Administration, Ohio Department of Transportation or other applicable authorities. The Village Code Enforcement Officer may, however, approve lighting in other instances if it is determined that the proposed lighting will enhance the appearance of the small wind energy project and will not result in nuisances or hazards on nearby properties or streets. If lighting is required, a design that minimizes disturbances to nearby properties shall be utilized.
(g) Signs. No sign, other than a warning sign or installer, owner, participating landowner, or manufacturer identification sign, may be placed on any component of a small wind energy project.
(h) Signal Interference. The owner of a small wind energy project must take reasonable steps to prevent and eliminate any interference with the transmission and reception of electromagnetic communications, such as microwaves, radios, telephones, or television signals.
(i) Decibel Levels. Decibel levels shall not exceed those provided by the manufacturer.
(j) Wiring and Electrical Apparatuses. All wires and electrical apparatuses associated with the operation of a wind turbine unit shall be located underground, within the monopole or within the principal building and meet all applicable local, state and federal codes including the Logan County Building Regulations and the Residential Building Code of Ohio.
(k) Utility Interconnection: A small wind energy project that connects to the electric utility must comply with all pertinent provisions of the Ohio Revised Code.
(Ord. 16-1132. Passed 4-18-16.)
1187.05 PERMIT REQUIREMENTS - SMALL WIND ENERGY PROJECTS.
(a) A zoning permit shall be required before construction can commence on an individual small wind energy project. The application for zoning permit:
(1) Shall be filed with the Village on forms provided by the Village;
(2) Shall include all required supplemental information;
(3) Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application;
(4) Shall clearly state that the permit shall expire and may be revoked if work has not begun within six (6) months or substantially completed within eighteen (18) months.
(b) As part of the permit process, the applicant shall inquire with the County and the Village as to whether or not additional height restrictions are applicable due to the unit’s location in relationship to the Logan County Airport.
(Ord. 16-1132. Passed 4-18-16.)
1187.06 MAINTENANCE - SMALL ENERGY PROJECTS.
(a) Wind energy projects shall be maintained in good working order. A complete inspection of the system shall occur every two years at the cost of the owner. Inspections shall occur no later than September 30th of the required inspection calendar year and a copy of the inspection report shall be submitted to the Code Enforcement Officer no later than October 31st of said inspection calendar year.
(b) The owner shall within 30 days of permanently ceasing operation of a small wind energy project, provide written notice of abandonment to the Code Enforcement Officer.
(c) A small wind energy project that is unused or out-of-service for a continuous 6 month period shall be deemed to have been abandoned. The Code Enforcement Officer may issue a Notice of Abandonment to the owner of the wind project that the project has been deemed to have been abandoned. The equipment owner shall have the right to respond to the Code Enforcement Officer's Notice of Abandonment within 30 days from the Notice date. The Code Enforcement Officer shall withdraw the Notice of Abandonment and notify the equipment owner that the Notice has been withdrawn if the owner provides verification that demonstrates that the wind project has not been abandoned.
(d) If the small wind energy project is determined to be abandoned or the Code Enforcement Officer receives a Notice of Abandonment from the equipment owner, the small wind project shall be removed within 90 days of the Notice of Abandonment and the site must be reclaimed. "Reclamation" includes removal of all equipment and apparatuses, supports and/or other hardware associated with the existing wind turbine, including removal of the above mentioned items to a depth of three (3) feet below grade if ground mounted. If the owner fails to remove a small wind energy project, the Village may cause the removal of the structures at the expense of the permit holder or other responsible party. Any expenses incurred by the Village shall be charged to the Owner of the structure. The Fiscal Officer shall make a written return to the County Auditor for all expenses incurred in the removal of any projects identified in this Chapter. Such expenses, when allowed, shall be entered upon the tax duplicate, and shall be a lien upon the land from the date of entry and shall be collected as other taxes and returned to the Village.
(Ord. 16-1132. Passed 4-18-16.)
1187.07 STANDARDS-SOLAR ENERGY SYSTEM.
(a) Permitted in all zoning districts.
(b) System shall be ground, roof or wall mounted. Only one type of mounting shall be permitted per parcel.
(c) It is encouraged that the energy generated by a solar energy system is supplemental to the primary source.
(d) Location and/or Setbacks.
(1) Ground mounted.
A. Shall be located in the side or rear yard only and in accordance with the setbacks established for all accessory uses. In no instance shall the system be placed any closer to the street than the front of the main building on any lot.
B. Any portion of the structure shall not exceed a maximum of 6 feet in height.
(2) Roof mounted.
A. Shall be installed on the plane of the roof (flush mounted) or made part of the roof design and shall not extend above the ridgeline of the roof or extend beyond the existing roof width. In no instance shall the system extend greater than 18 inches from the roof’s surface.
(3) Wall mounted.
A. Shall be installed on the plane of the wall (flush mounted) or made part of the wall design. In no instance shall the system extend greater than 18 inches from the wall’s surface.
(e) Design.
(1) Ground mounted.
A. All conduits, plumbing lines and related appurtenances shall be located underground.
(2) Roof mounted.
A. All exposed conduits, plumbing lines and related appurtenances shall be painted a color that closely matches the roof materials.
B. May be placed on the main building and/or accessory building.
(3) Wall mounted.
A. All exposed conduits, plumbing lines and related appurtenances shall be painted a color that closely matches the wall’s material.
B. May be placed on the main building and/or accessory building.
C. Shall not be visible from any street right-of-way.
(f) System shall comply with all applicable building, plumbing and electrical codes.
(g) System shall be placed so that the concentrated solar radiation or glare shall not be directed onto other properties, roadways or airstrips in the vicinity.
(h) No signs, other than a warning sign or installer, owner, participating landowner, or manufacturer identification sign, may be placed on any component of a solar energy system. Maximum allowable signage to be determined by the Code Enforcement Officer.
(i) Systems shall be designed in a manner that makes them as visually unobtrusive as possible, while meeting all safety requirements.
(Ord. 16-1132. Passed 4-18-16.)
1187.08 PERMIT REQUIREMENTS - SOLAR ENERGY SYSTEM.
A zoning permit shall be required before the installation of solar energy system. The application for zoning permit:
(a) Shall be filed with the Village on forms provided by the Village;
(b) Shall include all required supplemental information;
(c) Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application;
(d) Shall clearly state that the permit shall expire and may be revoked if work has not begun within six (6) months or substantially completed within eighteen (18) months.
(Ord. 16-1132. Passed 4-18-16.)
(Ord. 16-1132. Passed 4-18-16.)
1187.09 MAINTENANCE - SOLAR ENERGY SYSTEM.
(a) A solar energy system that is unused or out-of-service for a continuous 6 month period shall be deemed to have been abandoned. The Code Enforcement Officer may issue a Notice of Abandonment to the owner of the system that the system has been deemed to have been abandoned. The system owner shall have the right to respond to the Code Enforcement Officer's Notice of Abandonment within 30 days from the Notice date. The Code Enforcement Officer shall withdraw the Notice of Abandonment and notify the equipment owner that the Notice has been withdrawn if the owner provides verification that demonstrates the system has not been abandoned.
(b) If the solar energy system is determined to have been abandoned or the Code Enforcement Officer receives a Notice of Abandonment from the system owner, the system shall be removed within 90 days of the Notice of Abandonment and the site must be reclaimed. "Reclamation" includes the removal of all equipment and apparatuses, supports and/or other hardware associated with the existing system, including removal of the above mentioned items to a depth of three (3) feet below grade if ground mounted. If the owner fails to remove a system, the Village may cause the removal of the structures at the expense of the permit holder or other responsible party. Any expenses incurred by the Village shall be charged to the owner of the structure that has a solar energy system attached to said structure. The Fiscal Officer shall make a written return to the County Auditor for all expenses incurred in the removal of any projects or systems identified in this Chapter. Such expenses, when allowed, shall be entered upon the tax duplicate, and shall be a lien upon the land from the date of entry and shall be collected as other taxes and returned to the Village.
(Ord. 16-1132. Passed 4-18-16.)
1187.10 EXEMPTIONS.
1189.01 OBJECTIVES FOR PLANNED UNIT DEVELOPMENTS.
(a) It shall be the policy of the Village of Russells Point to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:
(1) A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks, and area requirements;
(2) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services;
(3) A development pattern which preserves and utilizes natural topography and geologic features, trees and other vegetation, and prevents the disruption of natural drainage patterns;
(4) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;
(5) A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.
(b) The Village is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning provided the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
(Ord. 570 A Passed 6-15-81.)
1189.02 PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENTS.
Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapter of this zoning ordinance, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this zoning ordinance.
(Ord. 570 A Passed 6-15-81.)
1189.03 APPLICATION AND PROCEDURE.
Upon approval by the Planning Commission and the Village Council, a planned unit development district may be applied to any existing residential district. Upon approval of a final development plan, the Official Zoning Map shall be annotated for the land area involved so that the district name includes the notation, "PUD". Planned unit development districts shall be approved by the Planning Commission and the Village Council in the manner provided in Sections 1189.17 to 1189.29.
(Ord. 570 A Passed 6-15-81.)
1189.04 USES PERMITTED.
(a) Compatible residential, commercial, industrial, public, and quasi-public uses may be combined in PUD districts provided that the proposed location of the commercial or industrial uses will not adversely affect adjacent property, and/or the public health, safety, and general welfare. Lot area and other yard requirements of the residential districts established in Chapter 1169 shall apply except as modified in Sections 1189.10 and 1189.12.
(b) The amount of land devoted to commercial and/or industrial use in a residential- commercial development shall be determined by the Planning Commission and approved by the Village Council.
(Ord. 570 A Passed 6-15-81.)
1189.05 MINIMUM PROJECT AREA.
(a) The gross area of a tract of land to be developed in a planned unit development district shall be a minimum of five (5) acres, provided, however, that smaller parcels may be considered on the basis of their potential to satisfy the objectives of this chapter as stated in Section 1189.01.
(b) When the planned unit development proposes a mixture of residential uses with commercial and/or industrial uses, the Planning Commission may limit the development of not more than eight (8) per cent of the tract to commercial uses and not more than twelve (12) per cent of the tract to industrial uses.
(Ord. 570 A Passed 6-15-81.)
1189.06 PROJECT OWNERSHIP.
The Project land may be owned, leased, or controlled either by a single person or corporation, or by a group of individuals or corporations. Such ownership may be by a public or private corporation. (Ord. 570 A Passed 6-15-81.)
1189.07 COMMON OPEN SPACE.
A minimum of ten (10) per cent of the land developed eloped in any planned unit development project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The Planning Commission shall require additional open space contingent upon the deviation from the lot size or density set forth in the Official Schedule of District Regulations. The open space shall be disposed of as required in Section 1189.08.
(Ord. 570 A Passed 6-15-81.)
1189.08 DISPOSITION OF OPEN SPACE.
The required amount of common open space land reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the Village and retained as common open space for parks, recreation, and related uses. All land dedicated to the Village must meet the Planning Commission's requirements as to size, shape, and location. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication to the Village unless such land or right-of-way is usable as a trail or other similar purpose and approved by the Planning Commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(Ord. 570 A Passed 6-15-81.)
1189.09 UTILITY REQUIREMENTS.
Underground utilities, including telephone and electrical systems, are required within the limits of all planned unit developments. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
(Ord. 570 A Passed 6-15-81.)
1189.10 MINIMUM LOT SIZES.
(a) Lot area per dwelling unit may be reduced by not more than forty (40) per cent of the minimum lot area required in the Official Schedule of District Regulations. A planned unit development need not conform to the density requirements of Chapter 1169. A diversification of lot sizes is encouraged.
(b) Lot widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.
(Ord. 570 A Passed 6-15-81.)
1189.11 LOTS TO ABUT UPON COMMON OPEN SPACE.
Every property developed under the planned unit development approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where town houses are used, there shall be no more than eight (8) town house units in any contiguous group.
(Ord. 570 A Passed 6-15-81.)
1189.12 HEIGHT REQUIREMENTS.
For each foot of building height over the maximum height regulations specified in Chapter 1173, the distance between such buildings and the side and rear property lines of the planned unit development project area shall be increased by a one (1) foot addition to the side and rear yard required in the districts.
(Ord. 570 A Passed. 6-15-81.)
1189.13 PARKING.
Off-street parking, loading, and service areas shall be provided in accordance with Chapter 1181. However, off-street parking lot(s) and loading areas shall not be permitted within fifteen (15) feet of any residential use.
(Ord. 570 A Passed 6-15-81.)
1189.14 PERIMETER YARDS.
Notwithstanding the provisions of this chapter, every lot abutting the perimeter of the planned unit development district shall maintain all yard requirements specified in Chapter 1173 for the applicable conventional zoning district.
(Ord. 570 A Passed 6-15-81.)
1189.15 ARRANGEMENT OF COMMERCIAL USES.
(a) When planned unit development district include commercial uses, commercial buildings and establishments, they shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.
(b) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding non-commercial areas.
(c) All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.
(Ord. 570 A Passed 6-15-81.)
1189.16 ARRANGEMENT OF INDUSTRIAL USES.
(a) Planned unit development districts may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.
(b) Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and any existing woodlands as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.
(c) Project side yards of forty (40) feet and a rear yard of fifty (50) feet shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
(Ord. 570 A Passed 6-15-81.)
1189.17 PROCEDURE FOR APPROVAL OF PUD DISTRICT.
1189.18 PRE-APPLICATION MEETING.
The developer shall meet with the Zoning Inspector and Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter and the criteria and standards contained herein, and to familiarize the developed with the comprehensive development plan, and major thoroughfare plan, the parks and public open space plan, the subdivision regulations, and the drainage, sewer, and water systems of the Village.
(Ord. 570 A Passed 6-15-81.)
1189.19 CONTENTS OF APPLICATION FOR APPROVAL OF PRELIMINARY DEVELOPMENT PLAN.
(a) An application for preliminary planned unit development shall be filed with the Planning Commission by at least one owner, optionee or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in duplicate:
(1) Name, address, and phone number of applicant;
(2) Name, address, and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;
(3) Legal description of property;
(4) Description of existing use;
(5) Zoning district(s);
(6) A vicinity map at a scale approved by the Planning Commission, showing property lines, streets, existing and proposed zoning, and such other items as the Planning Commission may require to show the relationship of the planned unit development to the comprehensive plan and to existing schools and other community facilities and services;
(7) A preliminary development plan at a scale approved by the Commission showing topography at two (2) foot intervals; location and type of residential, commercial, and industrial land uses; layout, dimensions, and names of existing and proposed streets, rights-of-way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the Planning Commission deems necessary;
(8) Proposed schedule for the development of the site;
(9) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.
(b) The application for preliminary planned unit development shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the Village's statement of objectives for planned unit developments in Section 1189.01.
(Ord. 570 A Passed 6-15-81.)
1189.20 PUBLIC HEARING BY PLANNING COMMISSION.
Within forty (40) days or at the next regularly scheduled meeting after receipt of the preliminary development plan, the Planning Commission shall hold a public hearing.
(Ord. 570 A Passed 6-15-81.)
1189.21 NOTICE OF PUBLIC HEARING BY PLANNING COMMISSION IN NEWSPAPER.
Before holding the public hearing provided in Section 1189.20, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the Village at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.
(Ord. 570 A Passed 6-15-81.)
1189.22 APPROVAL IN PRINCIPLE BY PLANNING COMMISSION.
Within forty (40) days or at the next regularly scheduled meeting after the public hearing required by Section 1189.20, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this zoning ordinance; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility.
(Ord. 570 A Passed 6-15-81.)
1189.23 FINAL DEVELOPMENT PLAN.
After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan approved in principle. Five (5) copies of the final development plan shall be submitted and must be endorsed by a registered civil engineer, and a registered land surveyor.
(Ord. 570 A Passed 6-15-81.)
1189.24 CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN.
An application for approval of the final development plan shall be filed with the Planning Commission by at least one (1) owner, optionee or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner, optionee or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information:
(a) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses;
(b) All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity; and land use considered suitable for adjacent properties;
(c) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated non-residential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes and exception from standard zoning districts or other ordinances governing development;
(d) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements, and nature and extent of earth work required for site preparation and development;
(e) Site plan, showing building(s), various functional sue areas, circulation, and their relationship;
(f) Preliminary building plans, including floor plans and exterior elevations;
(g) Landscaping plans;
(h) Deed Restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
(Ord. 570 A Passed 6-15-81.)
1189.25 RECOMMENDATION BY PLANNING COMMISSION.
Within thirty (30) days after receipt of the final development plan, the Planning Commission shall recommend to the Village Council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The Planning Commission shall then transmit all papers constituting the record and the recommendations to the Village Council.
(Ord. 570 A Passed 6-15-81.)
1189.26 CRITERIA FOR RECOMMENDATIONS BY PLANNING COMMISSION.
Before making its recommendation as required in Section 1189.25, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(a) The proposed development can be initiated within two (2) years of the date of approval;
(b) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations;
(c) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development;
(d) Any proposed commercial development can be justified at the locations proposed;
(e) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accord with the planned unit development and the adopted policy of the Planning Commission and the Village Council;
(f) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
(g) The planned unit development is in general conformance with the comprehensive plan of the Village;
(h) The existing and proposed utility services are adequate for the population densities and non-residential uses proposed.
(Ord. 570 A Passed 6-15-81.)
1189.27 ACTION BY VILLAGE COUNCIL.
Within thirty (30) days after receipt of the final recommendation of the Planning commission, the Village Council shall initiate action by ordinance to either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is either approved or approved with conditions, the Zoning Inspector shall issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto. (Ord. 570 A Passed 6-15-81.)
1189.28 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In approving any planned unit development district, the Village Council may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this chapter and punishable under Section 1149.12.
(Ord. 570 A Passed 6-15-81.)
1189.29 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.
(a) The approval of a final development plan for a planned unit development district shall be for a period not to exceed two (2) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest.
(b) No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms which approval of the planned unit development was granted.
(Ord. 570 A Passed 6-15-81.)
1193.01 INTENT.
It is the intent of this chapter to regulate the location of, and to encourage, stabilize, and protect the development of well-planned mobile home parks.
(Ord. 570 A Passed 6-15-81.)
1193.02 APPROVAL PROCEDURES.
Mobile home parks shall be permitted only in the R-3 and B-2 Districts and shall be developed according to the general standards and regulations stated and referenced in this chapter.
(Ord. 570 A Passed 6-15-81.)
1193.03 GENERAL STANDARDS FOR MOBILE HOME PARKS.
The Planning Commission shall review the particular facts and circumstances of each proposed or expanded mobile home park in terms of the following standards and shall find adequate evidence showing that the mobile home park development:
(a) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
(b) Will not be hazardous or detrimental to existing or future neighboring uses;
(c) Will be serviced adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage and refuse disposal, or that the persons or agencies responsible for the establishment of the proposed part shall be able to provide adequately any such services;
(d) Will be consistent with the intent and purpose of this zoning ordinance;
(e) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;
(f) Will not result in the destruction, loss, or damage of natural features of major importance;
(g) Minimum size of mobile home park shall not be less than five (5) acres;
(h) Every mobile home must have skirting installed within 90 days after the mobile home is place on the lot. Skirting shall be constructed of vinyl, aluminum, or other suitable material that is designed specifically for skirting.
(Ord. 570 A Passed 6-15-81.)
1193.04 MOBILE HOME PARK REQUIREMENTS.
Mobile home parks shall meet the requirements of Chapter HE-27 of the Ohio Sanitary Code as amended, adopted by the Public Health Council under authority of the Ohio Revised Code, Section 3733.02. (Ord. 570 A Passed 6-15-81.)
1193.05 MINIMUM FLOOR AREA.
Individual mobile homes located within the park shall have a minimum floor area of six hundred (600) square feet using accepted industry measurement standards.
(Ord. 570 A Passed 6-15-81.)
1197.01 GENERAL.
Family Care Homes, Group Homes and Residential Treatment Facilities are permitted as a conditional use in the R-3, B-1, B-2, B-3 and M-1 districts when approved by the Board of Zoning Appeals, but only after having complied with the approval procedures relating to conditional uses specified in this zoning ordinance and the following conditions.
(Ord. 570 A Passed 6-15-81.)
1197.02 DEFINITIONS.
(a) Family Care Home means a residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.
(b) Group Home means a residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but no more than sixteen persons with developmental disabilities.
(c) A Residential Treatment Facility is a residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons who have been removed from their own homes and assigned to a Residential Treatment Facility by order of the courts.
(Ord. 570 A Passed 6-15-81.)
1197.03 BUILDING, FIRE, HEALTH, AND SAFETY STANDARDS.
Family Care Homes, Group Homes and Residential Treatment Facilities shall not maintain lower than the minimum building, fire, health, and safety standards set by state and local laws and regulations applicable to such a home. No Family Care Home, Group Home or Residential Treatment Facility shall be occupied until a certificate of occupancy has been obtained from the Zoning Inspector.
(Ord. 570 A Passed 6-15-81.)
1197.04 LICENSING.
A Family Care Home, Group Home or Residential Treatment Facility shall not be permitted to be constructed or operated until the agency, organization, or institution supervising such a home satisfies the Board of Zoning Appeals that the home and its operation comply or will, within a reasonable time, comply with all licensing requirements of the appropriate state agency.
(Ord. 570 A Passed 6-15-81.)
1197.05 DISPERSAL.
(a) Statement of Intent. In order to prevent the creation of a defacto social service district and to avoid impacting either a residential block, neighborhood or other area, the Board of Zoning Appeals shall exercise care in considering a request to establish a Family Care Home, Group Home or Residential Treatment Facility which would increase the number of persons living in such a home beyond the total number of persons specified and permitted in the above definitions.
(b) Limitation of Homes on a Block Face. No more than one Family Care Home, Group Home or Residential Treatment Facility shall be permitted on the same block face in a district.
(c) Limitation of Homes In a Neighborhood. No Family Care Home, Group Home or Residential Treatment Facility shall be permitted if it is shown that such home would increase the number of persons living in such homes beyond three percent of the total number of persons, according to the most recent census figures, living within a radius of one-half mile of the applicant's home. (Ord. 570 A Passed 6-15-81.)