Saint Bernard City Zoning Code

TITLE NINE

Zoning General Provisions

1171.01 CONFORMANCE REQUIRED.

Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located. Such regulations include, but without limitation, the following: the use of buildings, structures or land; the height, size, dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement, and operation of off-street parking, loading and unloading spaces.
(Ord. 12-1966. Passed 10-10-66.)

1171.02 ADDITIONAL USES: BOARD DETERMINATION.

Uses other than those specifically mentioned in this Zoning Ordinance as permitted uses in each of the districts also may be allowed therein, except for uses prohibited therein or which are first permitted in a less restrictive district; provided that, in the judgment of the Board of Zoning Appeals as evidenced by resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence, or no more adverse influence, on adjacent properties, or the neighborhood, or the community, than the permitted uses specifically mentioned for the district.

(Ord. 12-1966. Passed 10-10-66.)

1171.03 ADDITIONAL PROHIBITED USES: BOARD DETERMINATION.

Uses other than those specifically prohibited in this Zoning Ordinance in any district shall also be prohibited therefrom; provided, that, in the judgment of the Board of Zoning Appeals as evidenced by resolution of record, such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties, or the neighborhood, or the community, than the uses specifically mentioned as prohibited in the districts.

(Ord. 12-1966. Passed 10-10-66.)

1171.04 PUBLIC UTILITY FACILITIES.

No land, building, structures or premises intended for human occupancy or use shall hereafter be used and no such building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered unless and until such use of land, building or structure is connected to a public water supply or a public sanitary sewer.

(Ord. 12-1966. Passed 10-10-66.)

1171.05 TRAILERS.

(a) Prohibited; Exception. Except as provided in subsection (b) hereof, no person shall park or occupy any trailer on any premises in any district outside an approved trailer park. The parking of an unoccupied trailer in any accessory private garage building or in a rear yard in any district shall be permitted provided no living quarters are maintained or any business conducted in such trailer while so parked or stored.

(b) Emergency or Temporary Parking; Two Hours. Emergency or temporary stopping or parking of a trailer shall be permitted on a street, alley or highway for not longer than two hours subject to any other and further prohibitions, regulations, or limitations, imposed by the traffic and parking regulations or ordinances for such street, alley or highways.

(Ord. 12-1966. Passed 10-10-66.)

1171.06 REAR DWELLINGS.

No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open-space and off-street parking requirements of this Zoning Ordinance, and for the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front line of the required front yard for the building in the rear. In additions there shall be provided for any such rear dwelling an unoccupied and unobstructed accessway not less than ten feet wide to a public street for each dwelling unit in such dwelling or not less than thirty feet wide for three or more dwelling units.

(Ord. 12-1966. Passed 10-10-66.)

1171.07 TRANSITIONAL USES IN R-DISTRICTS.

In the R-1 and R-2 Districts a transitional use shall be permitted on a lot the side lot line of which adjoins either directly or across an alley any "B" or "M" District. The permitted transitional uses for such lot in the R-1 District shall be any use permitted in the R-2 District and for such lot in the R-2 District those permitted in the R-3 District, and the requirements governing lot area per dwelling unit, off-street parking, yards and other open spaces, shall be the same as for the R-2 or R-3 District respectively. Any transitional use authorized under this chapter shall not extend more than 100 feet from the side lot line of the lot abutting on the zoning district boundary line.
(Ord. 12-1966. Passed 10-10-66.)

1171.08 YARD REQUIREMENTS ALONG ZONING BOUNDARY LINE IN THE LESS RESTRICTED DISTRICT.

Along any zoning boundary line on a lot in the less restricted district, a front yard facing a lot in the more restricted district and any side yard, rear yard or court abutting said zoning boundary line, unless subject to greater restrictions or requirements stipulated by other provisions of this Zoning Ordinance, shall have a minimum depth and width equal to the average of the required minimum depth or width for such front yards, side yards, rear yards or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum depth or width for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in said more restricted district.
(Ord. 12-1966. Passed 10-10-66.)

1171.09 ACCESSORY BUILDINGS IN R-DISTRICTS.

(a) General. An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in Chapter 1177 no accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty-five percent (35%) of a required rear yard. Accessory buildings shall be distant at least six feet from any dwelling situated on the same lot, unless an integral part thereof, at least six feet from any other accessory building and at least three feet from all lot lines of adjoining lots which are within an R-District.

(b) Corner Lots. In any R-District where a corner lot adjoins in the rear a lot fronting on the side street and located in an R-District, no part of an accessory building on such corner lot within twenty-five feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.

(c) Front Setback. No accessory use or structure in any R-Districts except an off-street parking area subject to the provisions of Chapter 1181, shall be permitted nearer to any front lot line than fifty feet unless such use or structure is contained within or connected to the principal structure.

(d) Yard Requirements. Except as provided in Chapter 1177, an accessory building, if not located in a rear yard, shall be an integral part of or connected with the principal building to which it is accessory and shall be placed so as to meet all yard and court requirements for a principal building of the same height and other dimensions as said accessory building.

(e) Without Main Buildings. In any R-District no accessory building or structure shall be erected or constructed prior to the erection and construction of the principal or main building.
(Ord. 12-1966. Passed 10-10-66.)

1171.10 STREET FRONTAGE REQUIRED.

Except as permitted by other provisions of this Zoning Ordinance, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least twenty feet on a street; and there shall be not more than one one-family dwelling for such frontage.

(Ord. 12-1966. Passed 10-10-66.)

1171.11 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

In any R-District on any corner lot no fence, structure, or planting shall be erected or maintained within twenty feet of the corner (the point of intersection of the right-of-way lines) which interferes with traffic visibility across the corner.

(Ord. 12-1966. Passed 10-10-66.)

1171.12 REQUIRED AREA OR SPACE CANNOT BE REDUCED.

No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this Zoning Ordinance. No part of a yard, court, parking area, or other space provided about or for any building or structure for the purpose of complying with the provisions of this Zoning Ordinance shall be included as part of any yard, court, parking area, or other space required under this Zoning Ordinance for another building or structure.

(Ord. 12-1966. Passed 10-10-66.)

1171.13 OFF-STREET PARKING AND LOADING.

In every district spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1181.

(Ord. 12-1966. Passed 10-10-66.)

1171.14 ENCROACHING DOORS.

Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors, when open or being opened, will not project beyond any lot line of the lot on which such building is located; and when said doors open to an alley the wall or portion thereof containing said doors shall be at least three feet from the line forming the common boundary between said lot and the alley.

(Ord. 12-1966. Passed 10-10-66.)

1171.15 ESSENTIAL SERVICES.

Essential services as defined in Section 1123.29 shall be permitted as authorized and regulated by law or other ordinances of the Village, it being the intention hereof to exempt such essential services from the application of this Zoning Ordinance.

(Ord. 12-1966. Passed 10-10-66.)

1171.16 UNSAFE BUILDINGS.

Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 12-1966. Passed 10-10-66.)

1171.17 PENDING APPLICATIONS FOR BUILDING PERMITS.

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been granted before the enactment of this Zoning Ordinance, the construction of which shall have been started within three months after the effective date of this Zoning Ordinance.

(Ord. 12-1966. Passed 10-10-66.)

1171.18 PARKING OF TRUCKS IN R-DISTRICTS.

No truck or other commercial vehicle of a rated weight of more than one-half ton shall be parked on any street or on any residential premises in any R-District for any consecutive period of four hours or more; provided that nothing herein shall prevent the parking of such vehicle in a fully enclosed garage or similar permanent structure.

(Ord. 12-1966. Passed 10-10-66.)

1171.19 EXTRACTION OF MINERALS AND OIL DRILLING PROHIBITED.

The extraction or mining of minerals or the extraction of oil or other hydrocarbons are expressly prohibited within the corporate limits of the Village.

(Ord. 12-1966. Passed 10-10-66.)

1173.01 DWELLING ON ANY LOT OF RECORD.

In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this Zoning Ordinance, irrespective of its area or width, the owner of which does not own any adjoining property, provided that yard spaces satisfy requirements stipulated for the district in which such lot is located, or requirements as may be modified by the Board of Zoning Appeals as set forth in Chapter 1131.

(Ord. 12-1966. Passed 10-10-66.)

1175.01 HEIGHT LIMITATIONS NOT APPLICABLE.

The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to the following:

(a) Farm Buildings, Architectural Features, Etc. Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; parapet walls extending not more than four feet above the limiting height of the building.

(b) Places of Public Assembly. Places of public assembly in churches, schools and other public and semi-public buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

(c) Elevator Penthouses, Water Tanks, Etc. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceeds fifty percent (50%) of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.

(Ord. 12-1966. Passed 10-10-66.)

1175.02 MINIMUM REQUIREMENTS.

All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than fifty feet in all parts from every lot line not a street lot line.

(Ord. 12-1966. Passed 10-10-66.)

1177.01 AVERAGE DEPTH OF FRONT YARDS.

In any R-District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block-front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Ordinance, the required depth of the front yard on such lot shall be modified. In such case, this shall be not less than the average of the depth of the front yards on the two lots immediately adjoining or, in the case where there are not buildings on both of the lots immediately adjoining, the average depth of the front yards on lots within 100 feet of the lot in question and within the same block front; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed fifty feet .

(Ord. 12-1966. Passed 10-10-66.)

1177.02 STEEP SLOPES: FRONT YARD GARAGE.

In any R-District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along said line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent (12%) or less to a private garage conforming with the requirements of this Zoning Ordinance, such garage may be located within such front yards but not in any case closer than six feet from the front lot line.
(Ord. 12-1966. Passed 10-10-66.)

1177.03 DOUBLE FRONTING LOTS.

Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.

(Ord. 12-1966. Passed 10-10-66.)

1177.04 REAR AND SIDE YARDS: HOW COMPUTED.

In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be; provided, however, that no side yard shall be less at any point than three feet, and no rear yard less than ten feet.

(Ord. 12-1966. Passed 10-10-66.)

1177.05 SIDE YARD MODIFICATIONS.

(a) Side Yard Increased. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet.

(b) Side Yard Varied: Wall Not Parallel. Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than three feet in any cases.

(c) Side Yard: Corner Lot. A side yard along the side street lot line of a corner lot, which lots abut in the rear, either directly or across an alley, the side lot line of another lot in an R-District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.

(Ord. 12-1966. Passed 10-10-66.)

1179.01 PROJECTION OF ARCHITECTURAL FEATURES.

Certain architectural features may project into required yards as follows:

(a) Front and Side Yards. Into any required front yard, or required side yard adjoining a side street lot line:

(1) Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches;

(2) Fire escapes may project a distance not exceeding four feet, six inches;

(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

(4) Bay windows, balconies, and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(b) Interior Side Yards. Subject to the limitations in subsection (a) hereof, the above-named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-third of the required least width of such side yard, but not exceeding three feet in any case.

(c) Rear Yards. Subject to the limitations in subsection (a) hereof, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard; provided, however, that landings or porches may be covered and may project a distance not exceeding ten feet but not closer than ten feet from the rear lot line.

(Ord. 12-1966. Passed 10-10-66.)

1179.02 FENCES, WALKS AND HEDGES.

Fences, walks and hedges may be located in required yards as follows:

(a) If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, such features may be located in any yard.

(b) If not exceeding at any point six feet in height above the elevation of the surface of the ground at such point, they may be located in any required rear yard or side yard.
(Ord. 12-1966. Passed 10-10-66.)

(c) In all fence constructions, the fabric or smooth side of the fence must face away from the property where the installation is being made.

1181.01 WHEN REQUIRED.

In any district in connection with any building or part thereof hereafter erected or altered, which is to be occupied by industrial, warehousing, wholesale commercial, retail commercial, service or other uses requiring the receipt or distribution by truck of materials or merchandise, there shall be provided and maintained off-street loading space in accordance with the following schedule.

Floor Area of Building Square Feet	Required Number of Off-Street Loading Spaces
Less than 10,000	0
10,000 to 19,999	1
20,000 to 399999	2
40,000 to 59,999	3
60,000 to 79,999	4
80,000 to 99,999	5

Where the floor area of the building is 100,000 feet or more the number of off-street loading spaces shall be determined by the Board of Zoning Appeals.

(Ord. 12-1966. Passed 10-10-66.)

1181.02 MINIMUM SIZE OF SPACE.

Each loading space shall be no less than ten feet in width, twenty-five feet in length and fourteen feet in height.

(Ord. 12-1966. Passed 10-10-66.)

1181.03 LOCATION OF SPACE.

Loading spaces shall be on the same lot with the building they are intended to serve and may occupy all or any part of any required yards provided no such space shall be closer than fifty feet from any other lot located in any R-District unless wholly within a completely enclosed building or enclosed on all sides by a well maintained wall or uniformly painted solid board fence not less than six feet in height.

(Ord. 12-1966. Passed 10-10-66.)

1181.04 ACCESS TO SPACE.

There shall be adequate provision for ingress and egress. Where a lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the loading spaces required herein; such access drive shall not be less than eighteen feet in width, and shall not be located in any R-District except where provided in connection with a use permitted in an R-District.

(Ord. 12-1966. Passed 10-10-66.)

1181.05 COMMUNITY BUSINESS DISTRICT EXEMPT.

The loading space requirements of this Sections 1181.01 to 1181.05 shall not apply to the B-3 Community Business District as shown on the Zoning Map, provided that loading facilities, if voluntarily established, shall comply with the above standards and specifications regarding size and location.
(Ord. 12-1966. Passed 10-10-66.)

ACCESSORY OFF-STREET PARKING SPACE

1181.11 WHEN REQUIRED.

In all districts, in connection with every residential, office, retail commercial, service, wholesale commercial, industrial, institutional, recreational or other use, there shall be provided, at the time any use and/or building or structure is erected or enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the requirements herein. Such spaces may be provided either in garages or parking areas conforming with the provisions of this Zoning Ordinance.

(Ord. 12-1966. Passed 10-10-66.)

1181.12 LOCATION.

Accessory off-street parking spaces shall be located in the same or a less restricted district as those in which the principal use is permitted, provided, however, that the Board of Zoning Appeals may authorize as a conditional use subject to the provisions of Chapter 1131 the establishment and operation of accessory off-street parking facilities in such sections of any R-District which abut either directly or across an alley any B or M-District subject to the following requirements:

(a) Such parking area shall be accessory to one or more business or industrial establishments located in said adjoining B or M-District.

(b) Each entrance and exit of such parking area shall be distant at least twenty feet from any adjacent lot in any R-District.

(c) No sign of any kind shall be established and maintained on such parking area except signs used for the direction of traffic.

(d) No motor vehicle repair work or other services shall be conducted on such parking area.

(e) Such parking area shall be subject to all applicable requirements of this chapter and to any additional requirements or conditions which may be determined necessary by the Board for the protection of adjacent property.

(Ord. 12-1966. Passed 10-10-66.)

1181.13 NUMBER OF ACCESSORY OFF-STREET PARKING SPACES REQUIRED.

(a) Schedule of Required Spaces. The number of off-street parking spaces required shall be as set forth in the following:

	Use	Parking Spaces Required
(1)	Motor vehicle or machinery sales and service garages	1 for each 200 square feet floor area.
(2)	Banks, business and professional offices	1 for each 100 square feet floor area.
(3)	Bowling alleys	5 for each alley.
(4)	Churches and schools	1 for each 10 seats in an auditorium or 1 for each 20 classroom seats; whichever is greater.
(5)	Dance halls and assembly halls without fixed seats, used for assembly or dancing halls, except church assembly rooms in conjunction with auditorium	1 for each 25 square feet of floor exhibition area.
(6)	Dwellings	1 for each family or dwelling unit.
(7)	Funeral homes	4 for each parlor or 1 for each 50 square feet of floor area; whichever is greater.
(8)	Hospitals and childrens' homes	1 for each 4 beds.
(9)	Hotels, lodging houses, tourist homes	1 for each 1 bedroom.
(10)	Libraries, museum or art galleries	1 for each 100 square feet of floor area.
(11)	Manufacturing plants, research or testing laboratories, bottling plants, over 500 square feet in area	1 for each 4 employees on the maximum working shift; or 1,500 square feet of floor area; whichever is greater.
(12)	Medical or dental clinics	1 for each 50 square feet of floor area.
(13)	Motel and motor hotels	1 for each living or sleeping unit.
(14)	Restaurants, beer parlors and night clubs	1 for each 50 square feet of floor area.
(15)	Retail stores, shops, etc.	1 for each 200 square feet of floor area.
(16)	Sports arenas, auditoriums, theaters, assembly halls other than schools	1 for each 6 seats.
(17)	Wholesale establishments or warehouses	1 for each 4 employees on maximum shift or for each 3,000 square feet of floor area; whichever is greater.

(b) Uses Not Listed. In the case of any building, structure, or premise, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar shall apply.

(c) Units of Measurement. For the purposes of Sections 1181.11 to 1181.16 , the following units of measurement shall apply:

(1) In the case of offices, merchandising or service types of uses, "floor area" means the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repairs processing or packaging or merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities, or for dressing rooms, fitting or alteration rooms.

(2) In hospitals bassinets shall not be counted as beds.

(3) In places of public assembly in which patrons or spectators occupy benches, pews, or other such seating facilities, each twenty inches of such seating facilities shall be counted as one seat.

(d) Change in Use - Addition and Enlargements. Whenever on any lot or in any building there is a change in use or an increase in floor area or in the number of employees or other unit of measurement hereinbefore specified for the determination of required off-street parking spaces, additional off-street parking facilities shall be provided on the basis of the increased requirements of the new use or other unit of measurement; provided, however, that in case such change in use creates a need for increase in off-street parking spaces of less than ten percent (10%) of the parking facilities previously required, no additional parking facilities shall be required.

(e) Collective Provision. Nothing in this chapter shall be construed to prevent collective provision of accessory off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately; and further provided that the requirements set forth in Section 1181.14 as to the maximum distances between parking areas and establishments served shall apply to each such establishment participating in the collective provisions of parking.

(f) Community Business District Exempt. The parking space requirements of this Sections 1181.11 to 1181.16 shall not apply to the B-3 Community Business District as shown on the Zoning Map, provided that parking facilities, if voluntarily established, shall comply with all standards and specifications set forth in Sections 1181.14 and 1181.15 .

(Ord. 12-1966. Passed 10-10-66.)

1181.14 STANDARDS FOR ACCESSORY OFF-STREET PARKING.

(a) Minimum Size of Space. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.

(b) Access to Space. There shall be adequate provision for ingress and egress. Where a lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking areas or spaces required hereunder, such access drive shall not be less than eight feet in width in the case of a dwelling and not less than eighteen feet in width in all other cases, provided, however, that one-way aisles for either ingress or egress for uses other than dwellings may be reduced to not less than ten feet in width. Such access drives shall not be located in any R-District except where provided in connection with a use permitted in an R-District.
(Ord. 12-1966. Passed 10-10-66.)

(c) Distances To Space. Accessory off-street parking facilities shall be located as hereinafter specified; where a distance is specified such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building such facility is required to serve.

(1) For one and two-family dwellings: on the same lot with the building they are required to serve;

(2) For office, retail commercial, service, institutional and other residential uses: not more than 300 feet from the building they are required to serve.

1181.15 DEVELOPMENT AND MAINTENANCE OF OFF-STREET PARKING AREAS.

Every lot hereinafter used as a public or private parking area including a public parking lot as well as motor vehicle and trailer sales lots shall be developed and maintained in accordance with the following requirements:

(a) Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces institutional premises or premises situated in any R-District by a masonry wall or solid fence. Such wall or fence shall not be less than four feet in height and shall be maintained in good condition. Where the capacity of the parking area exceeds thirty vehicles, it shall be screened by a masonry wall of at least the height hereinabove prescribed.

(b) Minimum Distances and Setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital, or other institution for human care located on an adjoining lot unless screened by an unpierced masonry wall; provided, however, that parking areas for twenty-five or more automobiles or for trucks and buses shall not have an entrance or exit for vehicles within 200 feet along the same side of the street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.

(c) Surfacing. Any off-street parking area must be paved with either blacktop or concrete so as to provide a durable and dustless surface. The area must be graded and drained in order to dispose of all surface water away from adjacent properties, and must be arranged and marked as to provide for orderly and safe loading and unloading and parking and storage of all vehicles.

(d) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises.

(Ord. 12-1966. Passed 10-10-66.)

1181.16 MODIFICATIONS.

The Board of Zoning Appeals may, on appeal, authorize a modification, reduction or waiver of the foregoing requirements if it should find that, in the particular case appealed, the peculiar nature of the residential, office, retail commercial, service, wholesale commercial, industrial, institutional, recreational, or other use, or the exceptional shape or size of the property, or other exceptional situation and condition would justify such an action.

(Ord. 12-1966. Passed 10-10-66.)

1183.01 GENERAL REQUIREMENTS.

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units for families shall be permitted only within a district in which a new building for similar occupancy would be permitted under the Zoning Ordinance and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling, dimensions of yards and other open spaces and off-street parking.

(Ord. 12-1966. Passed 10-10-66.)

1183.02 EXCEPTIONS.

The district requirements with respect to yards and other open spaces shall not apply in cases where the conversion is a part of a dwelling group meeting the requirements specified in Chapter 1187. Such yard and other open-space requirements shall also not apply in cases where the conversion will not involve any major exterior structural changes and:

(a) There is a shortage in the required dimensional area of each of not more than two said requirements as to yards and other open spaces; or

(b) In case the conversion will result in a lot area per dwelling unit or family at least twenty percent (20%) greater than required for new buildings in the district.

(Ord. 12-1966. Passed 10-10-66.)

1183.03 BOARD AUTHORIZATION.

Any conversion which would result in one or more dwelling units containing less than 600 square feet of gross floor area, shall be permitted only upon authorization by the Board of Zoning Appeals in accordance with the provisions of Chapter 1131.

(Ord. 12-1966. Passed 10-10-66.)

1185.001 DEFINITIONS.

(a) Sign. A “sign” means any writing, pictorial representation, emblem, flag or any other figure or similar character which is a structure or part thereof or is attached to or painted on or in any means represented on a building or structure; and is used to announce, direct attention to, or advertise; and is visible from outside a building. When within a building, the sign shall include writing, representation, or other figure of similar character only when illuminated and/or located in a window. “Sign” includes “billboard” but does not include the flag, pennant, or insignia of any nation, state, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Further, this definition shall not be held to include any board, sign or surface used to display any official notices, issued by any court or public office or posted by a public officer in the performance of a public duty.

(b) Sign, Area Of. “Sign, area of” means the total exterior surface computed in square feet of a sign having but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface.

(c) Sign, Advertising. “Sign, advertising” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where displayed or only incidentally on the premises. Advertising signs on any premises can only be permitted by the Zoning Board of Appeals.

(d) Sign, Business. “Sign, business” means a sign which directs attention to an activity, business or profession conducted on the premises where displayed.

1185.002 PERMITS.

Before any sign is installed or erected, a permit must be obtained.

1185.01 ADVERTISING SIGNS.

(a) Setback Required. Advertising signs and structures, where permitted, shall be set back from the established right-of-way line of any street at least as far as the required front yard depth for a principal building in the districts where located.

(b) Not to Face R-District. No advertising sign or structure shall be permitted which faces the front or side lot line of any lot in any R-District within 100 feet of such lot line, or which faces any public parkway, public square or entrance to any public park, public or parochial school, library, church or similar institution, within 100 feet thereof.

(c) Expressway Advertising. Please refer to Chapter 711 of these Codified Ordinances for definition, rules, regulations and penalties.

1185.02 BUSINESS SIGNS.

(a) Total sign area permitted shall not exceed one and one-half square feet for each foot of storage frontage. Maximum sign height shall not exceed four feet for uses with a frontage of fifty feet or more and shall not exceed two feet, six inches for uses with a frontage under fifty feet. Illumination for any sign shall minimize glare upon a public street or adjoining property.

(b) Design. Space for a sign shall be of an integral design with the principal building and not project from the front thereof more than ten inches unless it is an integral part of a sidewalk canopy.

(c) Extension. Signs shall not extend more than three feet above that level of the principal building occupied by the use advertised and should be no higher than the parapet wall or roof-line; provide however that for a motor vehicle service station such a sign displaying only the identifying name or symbol of such station may be supported on a free-standing structure located in front of such station but not projecting over the street line and not located within less than twenty-five feet of the side of any adjacent lot in any R-District. No such free-standing sign shall exceed twenty feet in total height and its sign area shall not exceed fifty square feet.

(d) Special Perpendicular. A specific style and shaped sign mounted on a specific type wrought iron or scroll type bracket as recorded in the offices of Planning and Zoning and listed as Special Perpendicular #89-2-413. The sign must be painted white with black lettering and the mounting bracket must be painted black. This style sign must be properly maintained at all times.

1185.03 REAL ESTATE SIGNS.

Real estate signs advertising the sale, rental or lease of the premises on which they are maintained shall set back from the right-of-way line of any street at least one-half the depth of the required front yard in the districts where located; a sign shall not exceed six square feet in area. If a sign is attached flat against the building to which it pertains, it shall be permitted on any portion of the building below the roof-line. Such real estate signs on any one lot shall not exceed, in the aggregate, fifteen square feet in area.

1185.04 PROFESSIONAL OR ANNOUNCEMENT SIGNS AND INSTITUTIONAL BULLETIN BOARDS.

Professional or announcement signs accessory to a home occupation or dwelling shall not exceed one square foot in area. A church, school, community center, or other public or institutional building may have for its own use a bulletin board not over twelve square feet in area, which, if not attached flat against a building, shall be at least ten feet from all street right-of-way lines.

1185.05 PROHIBITED SIGNS.

The following signs shall be prohibited:

(a) Flashing Sign. Any illuminated sign, whether stationary, revolving or rotating, which exhibits changing light or color effects.

(b) Free-Standing Sign. Any sign not affixed to the principal building or structure.

1185.06 TEMPORARY SIGNS.

Signs for special purposes or events may be permitted for a period of time by permit only, at the discretion of the Code Assistance Officer.

1185.07 VARIANCE.

Any variance to these Codes must be made to the Zoning Board of Appeals.

1186.01 INTENT.

The purpose of this chapter is to permit and encourage sidewalk use that is compatible with other public uses of the public sidewalk. The Village finds that sidewalk Cafés encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and promote overall commerce. Regulations and standards for the existence and operation of sidewalk Cafés are necessary to facilitate and ensure a safe environment in these areas. The issuance of a sidewalk Café permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the Village of its interest in the right-of-way or any easements contained therein. This section is limited to the O-B 2 and the B-3 zoning district.

(Ord. 13-2016. Passed 8-18-16.)

1186.02 DEFINITIONS.

As used in this chapter:

(a) "Abutting property owners and occupants" means any owner or occupant of property which abuts the subject sidewalk Café site excluding public right-of-way.

(b) "Adjacent sidewalk area" means that portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb.

A place serving food or beverage from a restaurant or other retail establishments with ancillary food service to patrons seated at tables located within the adjacent sidewalk area or providing seating for patrons in the adjacent sidewalk area.

(d) "Sandwich Board Sign" means those temporary signs as provided by the Village of St. Bernard for use within the adjacent sidewalk area relating to the adjacent business. (Ord. 13-2016. Passed 8-18-16.)

1186.03 PERMIT REQUIRED.

Private commercial use of public sidewalks for the purpose of operating a Sidewalk Café in the Village is prohibited unless a permit is obtained from the Director of Building Development and Planning as provided in this chapter.

(Ord. 13-2016. Passed 8-18-16.)

1186.04 APPLICATION AND PERMIT FEES.

The annual permit fee shall be as posted on the Village web site under "Fee Schedule" for the proposed installation of a sandwich board sign or use of the public sidewalk for a Café. The fee is due at the time of the initial application. Application fee shall be required for annual renewals.

(Ord. 13-2016. Passed 8-18-16.)

1186.05 PERMIT APPLICATION.

Application for a permit to operate a sidewalk Café shall be made to the Director of Building Development and Planning on a form provided. The request for permit shall contain:

(a) A completed application;

(b) A fully dimensioned scale site plan of the area for the proposed public sidewalk Café;

(d) The location and description of any tables, materials, merchandise, sign or equipment requested to be in the right-of-way.

(e) Other information shall be provided as required by the Director of Building Development and Planning, the Director of Public Service and Safety or Police Chief to carry out the purpose of this chapter.

(Ord. 13-2016. Passed 8-18-16; Ord. 24-2019. Passed 12-17-19.)

1186.06 LOCATION RULES AND REVIEW CRITERIA.

The Director of Building Development and Planning shall review the application for its compliance with the following criteria:

(a) The operation of a public sidewalk Café is limited to structures which are sited within ten feet of a public sidewalk, and which are located in the Downtown Business Districts.

(b) The operation of a public sidewalk Cafe shall be located such that there is at least thirty-six (36) inches clear and unobstructed passageway between any tables, merchandise, materials sign, or equipment and street trees, bike racks, lamp posts, sign posts, and any other fixtures or obstructions. Building entrances or exits shall not be obstructed. The Director of Building Development and Planning may require more than five feet if necessary to protect the public safety.

(c) The public sidewalk Café may only be located in the sidewalk area adjacent to a permitted use, but may extend in front of adjacent businesses with the written consent of both the property owner and the business owner, subject to review and approval of the Director of Building Development and Planning.

(d) The public sidewalk Cafe tables, merchandise, materials, sign, or equipment shall be located five feet from driveways and alleys, and ten feet from intersections.

(e) The location of the sidewalk signs shall be as approved by the Director of Building Development and Planning. Sidewalk signs shall normally be approved for placement either one foot from the building or one foot from the curb to promote the safe progress of sidewalk traffic.

(f) The Director of Building Development and Planning shall forward all applications for review by the Director of Public Service and Safety and Police Chief.

(Ord. 13-2016. Passed 8-18-16; Ord. 24-2019. Passed 12-17-19.)

1186.07 CONDITIONS OF PERMIT.

All sidewalk Café permit holders shall be subject to the following;

(a) Each permit issued shall be valid for one Calendar year. Requests for renewals shall be filed with the Director of Building Development and Planning after the first day of January. The Director may approve, approve with additional conditions, or deny the request for renewal.

(b) The permit issued shall be valid only for the permittee and is not transferable in any manner.

(c) The permit may be temporarily suspended by the Director of Building Development and Planning or the Director of Public Service and Safety if the public interest requires use of the right-of-way for a public event, construction, repair, or any other public purpose.

(d) The permit is specifically limited to the area approved or as modified by the Director of Building Development and Planning, and will include a diagram indicating the area approved for the public sidewalk Café and the location of any tables, materials, merchandise, sign, or equipment permitted to be in the right-of-way.

(e) The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition.

(f) The permittee shall clear any litter from the public sidewalk in the area of operation of a sidewalk café at the close of business and provide additional trash containers as specified by the Director of Building Development and Planning.

(g) No signs shall be attached to any furniture, umbrellas, awnings, or other structure

(h) Sidewalk café shall be continuously supervised by employees of the establishment and may be occupied only during the hours of operation of the establishment.

(i) Sidewalk café shall meet all requirements of the County Health Department.

(j) Tables, chairs, merchandise, equipment, and other materials associated with the sidewalk café shall be kept free of litter and other debris at all times. Where establishments provide take-out or self-service, an adequate number of employees must be maintained to clear sidewalk café on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas.

(k) The Village has the right to repeal or amend this chapter and thereby terminate or modify all sidewalk café operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.

(l) Businesses shall not serve or permit the consumption of alcoholic beverages within the public sidewalk or right of way under any circumstances.

(Ord. 13-2016. Passed 8-18-16; Ord. 24-2019. Passed 12-17-19.)

1186.08 LIABILITY AND INSURANCE.

Prior to the issuance of permit, permittee shall:

(a) Furnish a signed statement, with the application, that the permittee shall defend, indemnify and hold harmless the Village, its officers and employees, from any and all claims for damages to property or injury to persons which may occur in connection with any activity carried on under the terms of the permit.

(b) Each sidewalk café permit holder shall provide proof of liability insurance in the form of a certificate of insurance with limits no less than five hundred thousand dollars ($500,000) per occurrence, one million dollars ($1,000,000) aggregate and the Village of St. Bernard must be named on the certificate as additionally insured as a condition of the permit.

(Ord. 13-2016. Passed 8-18-16.)

1186.09 DENIAL, REVOCATION, OR SUSPENSION OF PERMIT.

The Director of Building Development and Planning may deny, revoke, or suspend the permit upon finding that any provision of this chapter or condition of approval has been violated. Upon denial, revocation, or suspension, the Director of Building Development and Planning shall give notice of such action to the applicant or permittee in writing stating the action that has been taken and the reason therefor. The action shall be effective immediately.

(Ord. 13-2016. Passed 8-18-16.)

1186.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth degree. Each day such violation continues shall constitute a separate offense.

(Ord. 13-2016. Passed 8-18-16.)

1187.01 BOARD MAY ISSUE ZONING CERTIFICATE.

A zoning certificate for the erection of a dwelling group, in any district where permitted, may be authorized by the Board of Zoning Appeals, provided such dwelling group conforms to the following conditions and requirements.

(Ord. 12-1966. Passed 10-10-66.)

1187.02 MINIMUM LOT AREA.

The area of the lot on which the dwelling group is to be erected shall be at least twenty percent (20%) greater than the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group.

(Ord. 12-1966. Passed 10-10-66.)

1187.03 DWELLINGS TO FRONT ON STREET OR OTHER OPEN SPACE: DISTANCE.

(a) Each dwelling in the group shall front either on a street or other permanent public open space at least forty feet wide or on a common yard or outer court. The least width of such yard or court, if flanked by buildings on one side only, shall be:

(1) Thirty feet for buildings one to one and one-half stories in height;

(2) Thirty-five feet for buildings two to two and one-half stories in height;

(3) Forty feet for buildings three or more stories in height.

(b) If flanked by buildings on both sides, the least width of such yard or court shall be:

(1) Forty feet for buildings one to one and one-half stories in height;

(2) Fifty feet for buildings two to two and one-half stories in height;

(3) Sixty feet for buildings three or more stories in height.

(c) In each case, the distances between principal buildings, other than the distances specified above shall not be less than the sum of the least widths of side yards required in the district in which the dwelling group is to be located.

(Ord. 12-1966. Passed 10-10-66.)

1187.04 DISTANCE BETWEEN BUILDINGS AND NEAREST LOT LINES.

The distance between principal buildings and the nearest lot lines other than a front lot line shall be not less than the height of the building but not less than thirty feet in any case.

(Ord. 12-1966. Passed 10-10-66.)

1187.05 ACCESS ROAD: DISTANCE.

Each dwelling in the dwelling group shall be within sixty feet of a private access roadway or drive having a right-of-way of at least twenty feet providing vehicular access from a public street and within 500 feet, measured along the route of vehicular access from a public street and providing an adequate turnaround.

(Ord. 12-1966. Passed 10-10-66.)

1187.06 COMPLIANCE; OTHER ORDINANCE REQUIREMENTS.

Except as modified in this chapter, such dwelling groups shall conform to all the requirements of this Zoning Ordinance for the district in which it is to be located.

(Ord. 12-1966. Passed 10-10-66.)

1189.01 EXISTING NONCONFORMING USES; CONTINUATION.

Except as hereinafter specified, any use, building, or structure, existing at the time of the enactment of this Zoning Ordinance may be continued even though such use, building or structure may not conform with the provisions of this Zoning Ordinance for the district in which it is located.
(Ord. 12-1966. Passed 10-10-66.)

1189.02 NONCONFORMING USES OR BUILDINGS; ENLARGEMENT, SUBSTITUTION, ETC.

No existing building or lot devoted to a use not permitted by this Zoning Ordinance in the district in which such building or lot is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows.

(a) Substitution or Extension. When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1131, the substitution for a nonconforming use of another not more objectionable nonconforming use or an extension of a nonconforming use may be made, but not both a substitution and an extension.

(b) Extension Upon Adjoining Lot. When authorized by the Board in accordance with the provisions of Chapter 1131, the extension or completion of a building devoted to a nonconforming use upon the lot occupied by such building or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and where such extension is necessary and identical to the existing use of such buildings

(c) Extension Inside Building. When authorized by the Board in accordance with the provisions of Chapter 1131, a nonconforming use may be extended throughout those parts of a building which are manifestly designed and arranged for such use prior to the date when such use of said building became nonconforming, if no structural alterations, except those required by law, are made therein.

(d) Nonconforming Use Made To Conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord. 12-1966. Passed 10-10-66.)

1189.03 DISCONTINUANCE; USE CEASED.

No building, structure or lot where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use.

(Ord. 12-1966. Passed 10-10-66.)

1189.04 NONCONFORMING USE OF LAND; DISCONTINUANCE.

All nonconforming uses of land not involving a building or structure may be continued for a period of two years after the date of enactment of this Zoning Ordinance, at the end of which period such nonconforming use shall cease or shall be changed to a conforming use.

(Ord. 12-1966. Passed 10-10-66.)

1189.05 REPLACING DAMAGED BUILDINGS.

Any nonconforming building or structure existing at the date of enactment of this Zoning Ordinance which shall be damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, may be restored, reconstructed or used as before, provided that such restoration, reconstruction or use be done within six months of such occurrence.

(Ord. 12-1966. Passed 10-10-66.)

1189.06 REPAIRS AND ALTERATIONS.

Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the Board of Zoning Appeals.

(Ord. 12-1966. Passed 10-10-66.)

1191.01 INTENT.

In recognition of the quasi-public nature of cellular and/or wireless personal communications systems, it is the purpose of these regulations as set out herein, and known as "Cellular or Wireless Communications Systems”, to:

(a) Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number within the Village;

(b) Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;

(d) Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future.

(Ord. 22-1997. Passed 6-19-97.)

1191.02 DEFINITIONS.

The following definitions shall apply to this section:

(a) “Personal Wireless Services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

(b) “Cellular Communication Services” means personal communications accessed by means of cellular equipment and services.

(c) “Cellular or Wireless Communications Antenna” shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both direction antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

(d) "Cellular or Wireless Communication Site" shall mean a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission.

(e) "Cellular or Wireless Communications Support Structure" shall mean any building or structure accessory to, but necessary for, the proper functioning of the cellular or wireless communications antenna or tower.

(f) “Cellular or Wireless Communications Tower” shall mean any freestanding structure used to support a cellular or wireless communications antenna.

(g) “Cellular or Wireless Communications Tower, Height of” shall mean the heights from the base of the structure to its top; including any antenna located thereon.

(Ord. 22-1997. Passed 6-19-97.)

1191.03 USE REGULATIONS.

The following use regulations shall apply to cellular or wireless communications antenna and towers:

(a) All cellular or wireless communications sites for antenna and towers shall be limited to and permitted only in the following zoning districts:

M-1 General Industrial District

M-2 Special Manufacturing District

(b) All cellular and wireless communications sites for antenna and towers shall be set back from any residential zoning districts by thirty percent (30%) of the tower height but not less than thirty-five feet.

(1) Any cellular or wireless communications antenna that is mounted to an existing structure shall be painted a color which matches or is compatible with the structure on which it is located.

(2) Any cellular or wireless communications antenna that is mounted on an existing structure and is more than fifteen feet higher than the structure on which it is mounted shall be permitted as a conditional use.

(d) All other uses accessory to the cellular or wireless communications antenna and towers including, but not limited to, business offices, maintenance depots and material and vehicle storage shall be permitted only in those zoning districts which permit the location of the cellular or wireless communications antenna and/or tower.
(Ord. 17-1999. Passed 5-6-99.)

1191.04 STANDARDS OF APPROVAL FOR CONDITIONALLY PERMITTED CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.

The following standards shall apply to all conditionally permitted cellular or wireless communications antennas and towers:

(a) The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system.

(b) If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within a one-half mile radius of the site proposed, asked for permission to install the cellular communications antenna on those structures and was denied for reasons other than economic ones. "Tall structures" shall include, but not be limited to: smoke stacks, water towers, buildings over fifty feet in height, antenna support structures or other cellular or wireless communications structures, other communications towers and roadway lighting poles.

The Village may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.
(Ord. 22-1997. Passed 6-19-97.)

1191.05 STANDARDS OF APPROVAL OF ALL CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.

(a) Antenna/Tower Height. The applicant shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved. The maximum allowable tower height shall be 180 feet.

(b) Setbacks from the Base of the Tower. If a new cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be:

(1) Thirty percent (30%) of the tower height but no less than thirty-five feet.

(c) Cellular or Wireless Communications Tower Safety. The applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. Furthermore, all cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers.

(d) Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.

(e) Landscaping. The following landscaping shall be required to screen as much of the support structures as possible, the fence surrounding the cellular or wireless communications tower, support structure(s) and any other ground level features and, in general, soften the appearance of the cellular or wireless communications site. The Village may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.

Any freestanding cellular or wireless communications tower shall incorporate landscaping which includes trees, shrubs and other landscaping vegetation that is subject to review and is acceptable to the Planning Commission. In addition, existing vegetation on and around the site shall be preserved to greatest extent possible.

(f) Limiting the Number of Cellular or Wireless Communications Towers. In order to reduce the number of antenna support structures needed in the City in the future, the proposed cellular or wireless communications tower shall be required to accommodate other uses, including other cellular or wireless communications companies, and the local police and fire departments and paramedic and life squads.

(g) Licensing. The communications company must demonstrate to the Village that it is licensed by the Federal Communications Commission (FCC).

(h) Required Parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required to maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.

(i) Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required to the FAA. Furthermore, no cellular or wireless communications tower or antenna shall contain any signage containing a commercial message.

(j) Site Plan Required. A full site plan shall be required for all proposed cellular or wireless communications sites, at a scale of one inch to 100 feet (1"=100'), indicating, as a minimum, the following:

(1) The total area of the site.

(2) The existing zoning of the property in question and of all adjacent properties.

(3) All public and private right-of-way and easement lines located on or adjacent to the property which are proposed to be continued, created, relocated or abandoned. (Separate copies of all related documents should also be provided.)

(4) Existing topography with a maximum of five foot contours intervals.

(5) The proposed finished grade of the development shown by contours not exceeding five foot intervals.

(6) The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings.

(7) The locations and dimensions of all curb cuts, driving lanes, off-street parking a loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

(8) All existing and proposed sidewalks and open areas on the site.

(9) The location of all proposed fences, screening and walls.

(10) The location of all existing and proposed streets.

(11) All existing and proposed utilities including types and grades.

(12) The schedule of any phasing of the project.

(13) A written statement by the cellular or wireless communications company as to the visual and aesthetic impacts of the proposed cellular communications tower on all adjacent residential zoning districts.

(14) Any other information as may be required by the Planning Commission to determine the conformance with this Zoning Code.

Upon submission of a complete application for site plan review to the Building Commissioner, the application shall be transmitted to the Planning Commission where they shall review the site plan to determine if it meets the purpose and requirements as established in this section, of the zoning district where the proposed cellular or wireless communications site is located and of any other applicable Section of the Zoning Code. No public notice or public hearing shall be required in conjunction with the review and approval of the Plan.

However, when the Plan required modification for approval or if the Plan does not meet the purpose and requirements of the Zoning Code, a full public hearing on the matter will be conducted with notice to affected parties as in other matters brought before the Planning Commission.

There shall be a twenty dollar ($20.00) per linear foot of the tower height application fee for review of the application in addition to any building permit fees required under the standard building permit fee schedule.

The Planning Commission shall act upon all site plans within twenty-eight days after the receipt of the complete application from the Building Commissioner by approving the plans or scheduling a public hearing before the Commission. The Planning Commission may approve, disapprove, or approve with modifications the site plan as submitted. Within the said twenty-eight day period, a majority of the members of the Planning Commission present at the meeting thereof may vote to extend the said period of time, not to exceed an additional sixty days.

(Ord. 22-1997. Passed 6-19-97.)

1191.06 MAINTENANCE.

Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or wireless communications tower that has discontinued its service for a period of twelve continuous months or more shall be removed, along with all accessory structures related thereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations for which it was originally constructed.

(Ord. 22-1997. Passed 6-19-97.)

1193.01 INTENT.

(a) The regulations established herein are intended to protect the health, safety and welfare of the citizens of St. Bernard by controlling and minimizing any adverse secondary effects created by adult entertainment facilities.

(b) The Village recognizes that adult entertainment businesses are frequently used for unlawful sexual activities, including prostitution, and that crime and unsafe conduct tend to increase in frequency in the geographic areas surrounding an adult entertainment business, including but not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crime against persons and property.

(c) Therefore the Village seeks to minimize and control the adverse secondary effects determined to be associated with adult entertainment facilities and thereby protect the health, safety and welfare of the citizens of St. Bernard; protect the citizens of St. Bernard from increased crime; preserve and protect property values and the character of surrounding neighborhoods and businesses; and deter the spread of urban blight.

(d) It is not the intent of this regulation to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of adult entertainment facilities.

(e) It is also not the intent of the Village to condone or legitimize the distribution of obscene material, and the Village recognizes that state law prohibits the distribution of obscene materials.
(Ord. 35-1998. Passed 10-15-98.)

1193.02 DEFINITIONS.

The following definitions shall apply to this section:

(a) "Adult Entertainment Facility" means a sexually oriented business or a facility having a significant portion of its function as a sexually oriented business or adult entertainment.

(b) "Adult Arcade" means any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

(c) "Adult Bookstore" or "Adult Video Store" means an establishment, having a substantial or significant portion, or a segment or section devoted to, or which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2) Instruments, devices, or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with "specified sexual activities";

(d) "Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1) Person or persons who appear in a state of nudity; or

(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", including topless or bottomless dancers, exotic dancers or strippers; or

(3) Films, motion pictures, video cassettes or tapes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(e) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes or tapes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

(f) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, topless or bottomless, strippers, male or female impersonators, or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".

(g) "Nude Model Studio" means any place where a person who appears in a "state of nudity" or displays "specified anatomical areas" is provided solely to be sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

(h) "Nudity" or a "State of Nudity" means:

(1) The appearance of human bare buttock, anus, genitals, or areola of the female breast; or

(2) The state of dress which fails to cover opaquely a human buttock, anus, or genitals, or areola of the female breast.

(i) "Sexually Oriented Business" means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater or adult theater. "Sexually oriented business" does not include a "nude model studio".

(j) "Specified Anatomical Areas" means:

(1) Human genitals, pubic region, pubic hair, buttock or anus region, or female breast below a point immediately above the top of the areola or

(2) Human genitals in a discernible turgid state even if completely covered.

(k) “Specified Sexual Activities" means any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

(2) Sex acts, real or simulated, normal or perverted, including intercourse, oral copulation, cunnilingus, fellatio, bestiality, the human bodily functions of elimination or sodomy.

(3) Masturbation, actual or simulated.

(4) Display of human genitals in a state of sexual stimulation or arousal.

(Ord. 35-1998. Passed 10-15-98.)

1193.03 ADULT ENTERTAINMENT FACILITY OR SEXUALLY ORIENTED BUSINESS USES.

(a) An adult entertainment facility or a sexually oriented business may be located only in accordance with the following restrictions:

(1) No such business shall be located on any parcel within 500 feet of any class R-1, R-2, R-3, R-4, B-1, B-2, B-3, B-4, or M-2 districts.

(2) No such business shall be located on any parcel within 1,000 feet, whether within St. Bernard or in a neighboring municipality, of any public library, private or public elementary or secondary school, public park, church, child care facility, day care facility, playground or swimming pool or a parcel of land on which a liquor permit exists.

(3) No such business shall be located on any parcel within 1,000 feet of another adult entertainment facility or sexually oriented business.

(b) For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.

(c) For the purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.

(Ord. 35-1998. Passed 10-15-98.)

1193.04 REQUIRED CONDITIONS.

(a) Adult Entertainment Facility or Sexually Oriented Business shall only be located in a class M-1 General Manufacturing District.

(b) An adult entertainment facility or sexually oriented business must be within a building and not visible to surrounding areas.
(Ord. 35-1998. Passed 10-15-98.)

1193.05 VIOLATIONS PROHIBITED.

No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, education or scientific value.
(Ord. 35-1998. Passed 10-15-98.)

1193.06 STRUCTURES AND USES NONCONFORMING BY USE DISTRICT.

(a) Where, at the time of the adoption or amendment of this Zoning Code, lawful uses of buildings, structures, land and premises exist which would not be permitted under the subdivision of uses imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided that:

(1) No such nonconforming use 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 Code.

(2) No such nonconforming use structure shall be enlarged or altered in a way which increases or maintains its nonconformity, but any structure or portion thereof may be altered to decrease or eliminate its nonconformity. No additional structure not conforming to the requirements of this Zoning Code or an amendment thereof shall be erected in connection with a nonconforming use of land.

(3) A building, structure or premises devoted to a nonconforming use, if changed to a use included in the subdivision of uses for the district in which it is located, shall not thereafter be used except in conformity with the subdivision of uses. A nonconforming use may be changed to another nonconforming use only if such use is included in the subdivision of uses for the district in which the nonconforming use is included.

(4) When a nonconforming use of a structure or premises is voluntarily discontinued or abandoned for more than two years, the structure, building or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located.

(5) Any sexually oriented business lawfully operating on the effective date of Chapter 1193 of this Code that is in violation of this Code shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, public parking or library within 1,000 feet, or a residential district within 500 feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure or premises is voluntarily discontinued or abandoned for more than six months, the structure, building or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located.

(Ord. 35-1998. Passed 10-15-98.)

CODIFIED ORDINANCES OF ST. BERNARD

Saint Bernard City Zoning Code

TITLE NINE

Zoning General Provisions

1171.01 CONFORMANCE REQUIRED.

1171.02 ADDITIONAL USES: BOARD DETERMINATION.

(Ord. 12-1966. Passed 10-10-66.)

1171.03 ADDITIONAL PROHIBITED USES: BOARD DETERMINATION.

(Ord. 12-1966. Passed 10-10-66.)

1171.04 PUBLIC UTILITY FACILITIES.

(Ord. 12-1966. Passed 10-10-66.)

1171.05 TRAILERS.

(Ord. 12-1966. Passed 10-10-66.)

1171.06 REAR DWELLINGS.

(Ord. 12-1966. Passed 10-10-66.)

1171.07 TRANSITIONAL USES IN R-DISTRICTS.

1171.08 YARD REQUIREMENTS ALONG ZONING BOUNDARY LINE IN THE LESS RESTRICTED DISTRICT.

1171.09 ACCESSORY BUILDINGS IN R-DISTRICTS.

1171.10 STREET FRONTAGE REQUIRED.

(Ord. 12-1966. Passed 10-10-66.)

1171.11 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

(Ord. 12-1966. Passed 10-10-66.)

1171.12 REQUIRED AREA OR SPACE CANNOT BE REDUCED.

(Ord. 12-1966. Passed 10-10-66.)

1171.13 OFF-STREET PARKING AND LOADING.

In every district spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1181.

(Ord. 12-1966. Passed 10-10-66.)

1171.14 ENCROACHING DOORS.

(Ord. 12-1966. Passed 10-10-66.)

1171.15 ESSENTIAL SERVICES.

(Ord. 12-1966. Passed 10-10-66.)

1171.16 UNSAFE BUILDINGS.

Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 12-1966. Passed 10-10-66.)

1171.17 PENDING APPLICATIONS FOR BUILDING PERMITS.

(Ord. 12-1966. Passed 10-10-66.)

1171.18 PARKING OF TRUCKS IN R-DISTRICTS.

(Ord. 12-1966. Passed 10-10-66.)

1171.19 EXTRACTION OF MINERALS AND OIL DRILLING PROHIBITED.

The extraction or mining of minerals or the extraction of oil or other hydrocarbons are expressly prohibited within the corporate limits of the Village.

(Ord. 12-1966. Passed 10-10-66.)

1173.01 DWELLING ON ANY LOT OF RECORD.

(Ord. 12-1966. Passed 10-10-66.)

1175.01 HEIGHT LIMITATIONS NOT APPLICABLE.

The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to the following:

(Ord. 12-1966. Passed 10-10-66.)

1175.02 MINIMUM REQUIREMENTS.

(Ord. 12-1966. Passed 10-10-66.)

1177.01 AVERAGE DEPTH OF FRONT YARDS.

(Ord. 12-1966. Passed 10-10-66.)

1177.02 STEEP SLOPES: FRONT YARD GARAGE.

1177.03 DOUBLE FRONTING LOTS.

(Ord. 12-1966. Passed 10-10-66.)

1177.04 REAR AND SIDE YARDS: HOW COMPUTED.

(Ord. 12-1966. Passed 10-10-66.)

1177.05 SIDE YARD MODIFICATIONS.

(Ord. 12-1966. Passed 10-10-66.)

1179.01 PROJECTION OF ARCHITECTURAL FEATURES.

Certain architectural features may project into required yards as follows:

(a) Front and Side Yards. Into any required front yard, or required side yard adjoining a side street lot line:

(1) Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches;

(2) Fire escapes may project a distance not exceeding four feet, six inches;

(Ord. 12-1966. Passed 10-10-66.)

1179.02 FENCES, WALKS AND HEDGES.

Fences, walks and hedges may be located in required yards as follows:

(a) If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, such features may be located in any yard.

(c) In all fence constructions, the fabric or smooth side of the fence must face away from the property where the installation is being made.

1181.01 WHEN REQUIRED.

Floor Area of Building Square Feet	Required Number of Off-Street Loading Spaces
Less than 10,000	0
10,000 to 19,999	1
20,000 to 399999	2
40,000 to 59,999	3
60,000 to 79,999	4
80,000 to 99,999	5

Where the floor area of the building is 100,000 feet or more the number of off-street loading spaces shall be determined by the Board of Zoning Appeals.

(Ord. 12-1966. Passed 10-10-66.)

1181.02 MINIMUM SIZE OF SPACE.

Each loading space shall be no less than ten feet in width, twenty-five feet in length and fourteen feet in height.

(Ord. 12-1966. Passed 10-10-66.)

1181.03 LOCATION OF SPACE.

(Ord. 12-1966. Passed 10-10-66.)

1181.04 ACCESS TO SPACE.

(Ord. 12-1966. Passed 10-10-66.)

1181.05 COMMUNITY BUSINESS DISTRICT EXEMPT.

ACCESSORY OFF-STREET PARKING SPACE

1181.11 WHEN REQUIRED.

(Ord. 12-1966. Passed 10-10-66.)

1181.12 LOCATION.

(a) Such parking area shall be accessory to one or more business or industrial establishments located in said adjoining B or M-District.

(b) Each entrance and exit of such parking area shall be distant at least twenty feet from any adjacent lot in any R-District.

(c) No sign of any kind shall be established and maintained on such parking area except signs used for the direction of traffic.

(d) No motor vehicle repair work or other services shall be conducted on such parking area.

(Ord. 12-1966. Passed 10-10-66.)

1181.13 NUMBER OF ACCESSORY OFF-STREET PARKING SPACES REQUIRED.

(a) Schedule of Required Spaces. The number of off-street parking spaces required shall be as set forth in the following:

	Use	Parking Spaces Required
(1)	Motor vehicle or machinery sales and service garages	1 for each 200 square feet floor area.
(2)	Banks, business and professional offices	1 for each 100 square feet floor area.
(3)	Bowling alleys	5 for each alley.
(4)	Churches and schools	1 for each 10 seats in an auditorium or 1 for each 20 classroom seats; whichever is greater.
(5)	Dance halls and assembly halls without fixed seats, used for assembly or dancing halls, except church assembly rooms in conjunction with auditorium	1 for each 25 square feet of floor exhibition area.
(6)	Dwellings	1 for each family or dwelling unit.
(7)	Funeral homes	4 for each parlor or 1 for each 50 square feet of floor area; whichever is greater.
(8)	Hospitals and childrens' homes	1 for each 4 beds.
(9)	Hotels, lodging houses, tourist homes	1 for each 1 bedroom.
(10)	Libraries, museum or art galleries	1 for each 100 square feet of floor area.
(11)	Manufacturing plants, research or testing laboratories, bottling plants, over 500 square feet in area	1 for each 4 employees on the maximum working shift; or 1,500 square feet of floor area; whichever is greater.
(12)	Medical or dental clinics	1 for each 50 square feet of floor area.
(13)	Motel and motor hotels	1 for each living or sleeping unit.
(14)	Restaurants, beer parlors and night clubs	1 for each 50 square feet of floor area.
(15)	Retail stores, shops, etc.	1 for each 200 square feet of floor area.
(16)	Sports arenas, auditoriums, theaters, assembly halls other than schools	1 for each 6 seats.
(17)	Wholesale establishments or warehouses	1 for each 4 employees on maximum shift or for each 3,000 square feet of floor area; whichever is greater.