Sebring City Zoning Code
TITLE THREE
Subdivision Regulations
1111.01 SHORT TITLE.
All of the zoning ordinances of the city, together with all amendments and supplements thereto, shall be known as and may be cited as the "Zoning Code."
(Ord. 48-2024. Passed 10-14-24.)
1111.02 INTENT AND PURPOSE.
(a) Regulating Lots, Uses and Structures. This chapter is for regulating the location, height, area, number and size of buildings and other structures, percentages of lot area which may be occupied, size of yards, courts, and other open spaces, density of population, uses of buildings and other structures and the uses of land; and for such purposes dividing the area of the city into districts and zones of such number, shape and area as are deemed best suited to carry out the purposes, providing a method of administration and prescribing penalties and proceedings for administration and enforcement of this chapter.
(b) Promoting Health, Safety and General Welfare. The City Council in accordance with enabling legislation for city zoning as provided in this chapter is adopted for the purpose of promoting the public health, safety, convenience, comfort, prosperity and general welfare; conserving and protecting property and facilitating adequate but economical provision of public improvements.
(c) General Intent. The City Council is adopting the zoning resolution for The Municipality of Sebring, Mahoning County, Ohio, with appropriate changes to allow compliance.
(Ord. 48-2024. Passed 10-14-23.)
1111.03 DEFINITIONS.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
ACTUAL START OF CONSTRUCTION. Either the first placement of an integral part of, or permanent construction of, a structure on a site.
ADDITION. Any increase in the gross square footage of a structure.
ADULT DAY CARE CENTER. A facility which provides supervision, assistance, protection, medical or personal care for adults for a time period of less than twenty-four (24) hours per day.
ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
(1) ADULT BOOK STORE. An establishment having a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" as herein defined or an establishment with a segment or section devoted to the sale or display of such material.
(2) ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale of services or products characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons, the exposure or presentation of "specified sexual activities" and/or "specified anatomical areas" and/or physical contact of live males or females, and which is characterized and/or portrayed by either photography, dancing, stripping, reading, massage, male or female impersonation, or similar activity or medium.
(3) For the purpose of the definition of ADULT ENTERTAINMENT FACILITY, "specified sexual activities" shall mean: human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(4) For the purpose of the definition of ADULT ENTERTAINMENT FACILITY, "specified anatomical areas" shall mean: less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; and/or human male genitals in a discernibly turgid state even if completely and opaquely covered.
(5) The definition of ADULT ENTERTAINMENT FACILITY excludes LIVE SEX ACT BUSINESSES as defined in § 158.122.
(6) ADULT MINI MOTION PICTURE THEATER. A facility with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
(7) ADULT MOTION PICTURE THEATER. A facility with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
AGRICULTURAL ACTIVITY, or FARM. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, the care and/or husbandry of agricultural animals, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. Such activities, with the exception of a private, non-commercial garden, are not permitted in residential districts.
AGRICULTURAL ANIMAL. Animals commonly raised or kept in an agricultural rather than an urban or suburban environment including, but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.
ALLEY. Any public way affording a secondary means of access to abutting property, and not intended for general traffic circulation which abuts generally the rear premises and which is twenty feet or less in width.
ALTERATION. Any change, addition, or modification in construction, type of occupancy.
ANIMAL DAY CARE. Any permitted commercially zoned lot or premises on which three or more dogs, cats or other household animals more than six (6) months of age are kept for supervision, assistance, protection, or personal care, and/or grooming for a time period of less than twenty-four (24) hours per day. Excludes overnight care. Such uses are not permitted in residential districts.
APARTMENT. A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
ASSISTED LIVING FACILITY. A residential facility of which the occupancy is typically persons of special needs because of age, or of mental and/or physical challenges, and includes assistance with personal daily activities such as dressing, grooming and bathing. Such facilities regularly provide twenty-four (24) hour per day care, food, lodging, training, education supervision, habilitation, rehabilitation and treatment, as needed by the residents, who cannot care for themselves.
AWNING. Shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.
BANKING SERVICES. A bank, savings and loan, credit union, or other financial institution that provides retail financial services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money.
(1) CHECK CASHING FACILITY. A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders of other commercial paper serving the same purpose. This does not include a state or federally charted bank, savings association, credit union, or industrial loan company. Also, this does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders incidentally to its principal purpose or business.
(2) PAYDAY LOAN FACILITY. An establishment providing loans to individuals in exchange for personal or employment checks as collateral.
BANQUET HALL. A room or building, with on-site cooking facilities, used for social gatherings such as receptions, reunions, parties, and business events.
BAR, TAVERN or NIGHT CLUB. Any establishment where the principal business is the serving of alcoholic beverages to patrons for consumption on the premises.
BASEMENT. The portion of a building which is partly or entirely below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story, except as provided in STORY and HALF STORY.
BED AND BREAKFAST. A one family unit in which the principal use is the permanent residential quarters of the residential owner, and in which a maximum of four (4) bedrooms in the principal structure are made available for transient occupancy for a fee, such occupancy to be for generally less than seven (7) consecutive days per person in a thirty (30)-day period, with breakfast being served upon the premises as part of the accommodation.
BILLIARD ROOM or POOL HALL. Any public place wherein the game of billiards is the principal use and includes any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards.
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets.
BOARD OF HEALTH. means the Mahoning County Board of Health unless and until Council shall exercise its powers under Section 11.08 of the Charter to establish a Municipal Board of Health.
BOARD OF ZONING APPEALS. Planning Commission serves as the Board of Zoning Appeals.
BOARDER. A person who regularly receives lodging with or without meals at another's home for pay or services, with the exception of residents of special needs homes and/or nursing homes.
BREEZEWAY. A roofed passageway, whether fully enclosed or not, less than ten (10) feet wide, in cases where fully enclosed from exterior wall to the opposite exterior wall, or in cases where not enclosed from drip edge to drip edge, constructed for the purposes of connecting and accessing a detached garage or other accessory structure to the principal structure.
BREWERY. A business that brews 15,000 or more barrels of ales, beers, meads and/or similar beverages annually on site.
BREWERY, MICRO. A business that brews less than 15,000 barrels of ales, beers, meads and/or similar beverages annually on site.
BREW PUB. A commercial business which conducts the retail sale of beer (malt beverages with alcohol content as defined by federal law) which is brewed on the premises, no more than 5,000 barrels annually. Such establishments may also include restaurants as an accessory use.
BUFFER. A strip of land, with natural or planted vegetation located between any improved area of a site, including temporary and or permanent structures and parking areas and a rear or side property line, intended to separate and partially or completely obstruct the view of two adjacent land uses or properties from one another. A buffer area may contain any required screening such as mounds and fences or stormwater detention facilities for the site.
BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind; excepting any type of manufactured housing unit.
(1) ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building on the same lot with, and of a nature customarily incidental and subordinate to, those of the principal building.
(2) NONCONFORMING BUILDING. See NONCONFORMING STRUCTURE.
(3) PRINCIPAL BUILDING or PRINCIPAL STRUCTURE. A building in which is conducted the principal use of the lot where the building is situated.
(4) TEMPORARY BUILDING. A building permitted to exist during periods of construction of the principal building, or for special events, but is not inhabitable. Semi-truck trailers used as portable warehouses are considered to be temporary buildings and a permit shall be required when used for more than thirty (30) days.
BUILDING FACE or WALL. All window and wall area of a building in one plane or elevation.
BUILDING FRONTAGE. The linear length of a building facing the right-of-way. In the case where an individual occupant would have no roadway frontage, the building frontage shall be the linear length of the building fronting the parking lot, or the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two (2) or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.
BUILDING SETBACK LINE. Means a line indicating the minimum horizontal distance permitted between a building and a street right-of-way line.
CANOPY. A roof-like structure or cover that protects from the wall of a building over a door, entrance, window, or a free-standing cover above an outdoor service area, such as an automobile service station.
CARPORT. A roofed structure, permanently open on at least two (2) sides, designed for or occupied by vehicles.
CITY COUNCIL. The Council of the City of Sebring, State of Ohio.
CLERK. Means the Clerk of Council.
COUNCIL. Means the Council of Sebring, Ohio
CLUB. An organization of persons for a special purpose or for the promulgation of sports, arts, sciences, literature, politics, or the like, including civic, social and fraternal associations.
COMMISSION. Means the Planning Commission
COMMUNITY. The physical environs and area located either totally or partially within the boundaries of the city.
CONVENIENCE STORE or CARRY-OUT. Any retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood.
COUNTY. Means Mahoning County, Ohio
CURB. Means the raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
DECK. An open platform, projecting from the wall of a building, surrounding a pool, or free standing, which is supported by structural pillars or posts at grade, or by the principal building structure itself.
DENSITY. The number of dwelling units per acre of land.
DEVELOPMENT. Any building, construction, renovation, mining, extraction, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use.
DEVIL STRIP. Means a strip of land between the roadway or curb and the sidewalk. (Also known as a "Tree lawn" or "Curb lawn".)
DISTRICT. A portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-THRU. A business establishment other than a restaurant, so developed that its retail or service character, which is to provide a limited line of groceries or household items, is dependent on providing a drive-way approach to provide for sales and/or services to patrons who remain in their vehicles. May also include a small, walk-in convenience store.
DRIVEWAY. An area used as means of ingress and egress to a property.
DRUG, CHEMICAL AND ALCOHOL ADDICTION REHABILITATION CLINIC. An establishment for outpatient services for treatment and counseling for chemical addiction with no overnight or extended stay facilities.
DWELLING, MULTI-FAMILY. A building or residential structure containing three (3) or more dwelling units.
DWELLING UNIT. One (1) room or a suite of two (2) or more rooms, designed for or used by one family for living and sleeping purposes and having only one (1) kitchen or kitchenette.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively by one family or housekeeping unit.
DWELLING, TWO-FAMILY. A building or residential structure containing two (2) dwelling units.
EASEMENT. A legal interest in real property generally established in a real estate document or on a recorded plat to reserve, convey or dedicate a use of land for a specialized or limited purpose without the transfer of fee title.
ENGINEER. means a registered engineer authorized to practice civil engineering as defined by the Ohio Engineer's Registration Act.
ESSENTIAL SERVICES. The underground, surface or overhead gas, electrical, telephone, television, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipe conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or governmental departments for the general health, safety or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FAMILY. "Family" as two (2) or more persons living together as a single-family housekeeping unit, in a dwelling unit.
FARM. See AGRICULTURAL ACTIVITY.
FARMER'S MARKET. The seasonal selling or offering for sale at retail of locally grown vegetables or produce, occurring in an area where such uses are permitted. Seasonal Christmas tree sales are considered farmer's markets.
FEED LOT, COMMERCIAL. Fenced lots not directly associated with a bona fide agricultural operation and used solely for the feeding of animals for marketing purposes.
FENCE. An artificially constructed barrier of wood, masonry, stone, chain-link, metal or any other manufactured material or combination of materials, intended to prevent straying from within or intrusion from outside the fenced area, as well as to provide screening.
FENCE, DECORATIVE. A maximum of two connected permanent or temporary standard fence sections designed primarily for aesthetic appeal and not intended for screening or as a method of prohibiting entry to a property.
FINAL PLAT. Means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, will be submitted to the County Recorder
FLOODPLAIN. As defined by the Federal Emergency Management Agency (FEMA). Floodplains are typically riparian (along streams), coastal, or lacustrine (ocean, lakes).
FLOOR AREA, COMMERCIAL.
(1) GROSS FLOOR AREA, COMMERCIAL. Measurements of floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the exterior walls.
(2) NET FLOOR AREA, COMMERCIAL. The area used for, or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, stairways and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this computation of floor area.
FLOOR AREA, RESIDENTIAL. The sum of the horizontal areas of each story of the building that is measured from the exterior walls. The floor area measurement is exclusive of unfinished basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches, except basement areas designed and used for dwelling or business purposes. This definition shall be used for the purposes of computing the minimum floor area per unit in a residential dwelling unit.
FOOTPRINT, ACCESSORY STRUCTURE. The outline of the exterior/perimeter of an accessory structure, regardless if enclosed or unenclosed.
FOOTPRINT, PRINCIPAL STRUCTURE. The outline of the exterior/perimeter of the principal structure including attached garages but excluding all other areas incapable of year-round dwelling use, such as patios and/or unenclosed porches. Used primarily for the purposes of computing the maximum allowable accessory structure square footage in a residential district.
FRONTAGE. The distance between the side lot lines measured along a public or private road, except in the case of a cul-de-sac or other curved street where frontage shall be measured along the required front setback line; and in the case of a corner lot or other multiple frontage lots where frontage shall be measured along all adjacent roadways.
GARAGE, PARKING. A space or structure or series of structures for the temporary storage or parking of motor vehicles.
GARAGE, PRIVATE. An accessory building or portion of a principal building designed or used primarily for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building, constructed on a permanent concrete foundation.
GARAGE, TEMPORARY. An accessory building, with or without walls, designed for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building, which is a movable, tent-like shelter. This would include inflatable and portable garages. Such temporary, portable or inflatable garages are constructed of a plastic, canvas, or similar type of material, supported by a metal or wood frame, or designed so as to be filled with air.
GARDEN CENTER. Any premises including accessory buildings or structures, or a combination thereof, used for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
GRADE. Means the slope expressed in a percent which indicates the rate of change of elevation in feet per 100 feet.
GRADING. The alteration of soils and landforms and topography usually through earthwork construction.
GUTTER. Means that portion of a right of way, whether paved or sodded, carrying surface drainage.
HAZARDOUS WASTE. A waste with properties that make it dangerous or potentially harmful to human health or the environment. Hazardous wastes can be liquids, solids, contains gases, or sludges. They can be the by-products of manufacturing processes or simply discarded commercial products, like cleaning fluids or pesticides, as defined by the United States Environmental Protection Agency.
HEALTH CLUB. A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building.
HEIGHT, ACCESSORY BUILDING. The vertical distance from the adjacent grade to the highest point of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the front of the building wall.
HEIGHT, PRINCIPAL BUILDING. The vertical distance measured from the established grade to the highest point of 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 front of the building wall.
HOME OCCUPATIONS or HOME BUSINESSES. Any lawful commercial activity conducted within a residential dwelling unit in a residential zoning district which is clearly subordinate to the property's residential use and which meets the requirements of this code.
HOSPITAL or SANATORIUM. An institution where sick or injured persons are given medical care and, in the course of same, are housed overnight, fed, and provided nursing and related services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.
HOTEL. A building occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are ten or more sleeping rooms and no provision made for a cooking facility in any individual room, apartment, or suite. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms and/or meeting rooms.
HOTEL, EXTENDED STAY. A hotel which includes all facilities specified under HOTEL, as well as extended stay units which cater to longer-term occupancy and which have kitchen/cooking facilities within each unit.
IMPERVIOUS SURFACE. Any material that prevents absorption of stormwater into the ground. For the purposes of this chapter, impervious surface shall be interpreted to include but not be limited to the area covered by all buildings, all parking areas, all sidewalks, and all driveways, but shall not include existing streets or rights-of-way.
IMPROVEMENT. Means pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and planting and other items for the welfare of the property owners and the public.
IMPROVED SURFACE. A permanent and continuous hard surface constructed of the either one or more of following: Portland cement concrete, bituminous/asphalt concrete, or a solid brick paver surface, excluding grass pavers, for the purpose of accommodating vehicular parking, and ingress and egress to the property.
INDIVIDUAL ESTABLISHMENT. A separate and distinct commercial operation.
INSTITUTIONAL USES. Colleges, universities, schools with any of first through twelfth grades, seminaries, places of religious assembly, public or governmental libraries, hospitals and medical centers, museums, governmental or public offices and buildings, public community centers, public recreation centers, cemeteries, or uses of similar character.
JUNK or INOPERABLE VEHICLE. A vehicle shall be deemed a junk or inoperable vehicle whenever any one of the following occurs:
(1) The vehicle is without a valid current registration and/or license plate;
(2) The vehicle is without fully inflated tires and/or has any type of support under it;
(3) The vehicle has a substantially damaged or missing windshield, door(s), motor, transmission, or other similar major part;
(4) The vehicle is being used only for the purpose of storage;
(5) The vehicle is not operable and drivable within twenty-four (24) hours after notification.
JUNKYARDS or SALVAGE YARDS. An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packaged, disassembled or handled including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard or salvage yard includes automobile wrecking yards and includes any area in a commercial district of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings. Two (2) or more junk or inoperable vehicles shall be considered a junk yard.
KENNEL or CATTERY. Any permitted commercially zoned lot or premises, on which four or more dogs, cats or other domesticated household animals more than six (6) months of age are bred and/or boarded for commercial purposes. Such uses are not permitted on lots used or zoned for residential purposes
LATCH KEY PROGRAM. Program providing care and oversight of children, primarily between the close of the school day and the end of the business day. Such programs require licensing by the state and are intended to provide an alternative to children returning to an empty house after school is over; also known as "Schoolchild Day Care Center".
LOADING AREA. An area other than a street, public right-of-way, or required parking space, the principal use of which is loading and unloading of trucks and/or trailers, to avoid undue interference of vehicular traffic circulation on streets, parking stalls and drive aisles.
LOADING SPACE. An off-street space marked as dedicated for the loading and unloading of vehicles containing materials necessary to the functioning of the business contained therein and located on the same lot with a building, or a group of buildings and accessory buildings.
LOT. A parcel of land, the dimensions of which are shown on a document or map filed with the Mahoning County Recorder's Office.
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot which has two contiguous sides, each abutting upon a street for its full length.
LOT COVERAGE. The percentage of the lot occupied by a building or buildings, including accessory buildings.
LOT, DOUBLE AND OTHER MULTIPLE FRONTAGE. A lot which fronts on more than one public or private road. All frontages of such lots shall comply with required setbacks from adjacent roadways for the zoning district in which they are located.
LOT LINES. The lines bounding a lot.
LOT SETBACK LINE. A line parallel to a lot line, thoroughfare, road or street, or right-of-way line at any story level of a building which represents the distance which the exterior wall of a building or structure is to be set back from said lot line, street, or right-of-way.
(1) FRONT SETBACK LINE. An imaginary line parallel to the front lot line extending the full width of the lot, representing the distance which the nearest point of the exterior wall of any structure or building is to be set back from the front lot line. In the event that the front lot line does not fall along a right-of-way line, then the front setback line shall be measured from a line parallel to the centerline of the street, road or thoroughfare at the edge of the right-of-way nearest to the property.
(2) REAR SETBACK LINE. An imaginary line parallel to any rear lot line representing the distance which the nearest point of the exterior wall of any building is to be set back from the rear lot line. In the case of a corner lot, the rear setback line is an imaginary line on an arc from a point most distant from the front lot lines at which the two side lot lines intersect.
(3) SIDE SETBACK LINE. An imaginary line parallel to any side lot line representing the distance which the nearest point of the exterior wall that a building is to be set back from a side lot line.
LOT WIDTH. The horizontal distance between the side lot lines measured at the two (2) points where the building line, or setback line intersects the side lot lines.
(1) FRONT YARD. Any open space extending the full width of the lot, the depths of which are the minimum horizontal distances between the front lot line and nearest points of the principal building.
(2) REAR YARD. An open space extending the full width of the lot the depths of which are the minimum horizontal distances between the rear lot line and the nearest points of the principal building.
(3) SIDE YARD. An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the widths of which are the minimum horizontal distances from the nearest point of the side lot line to the nearest point of the principal building.
(4) REQUIRED YARD. Area located within the minimum front, side or rear yard setback, as defined in the individual zoning district in which it is located.
MARQUEE. Any permanent structure which provides shelter and projects from a wall of a building over a walkway or entranceway.
MEDICAL CLINIC. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar medical professionals.
MEETING or PARTY ROOM. A room or building, without on-site cooking facilities, used for social gatherings such as receptions, reunions, parties, and business events.
MEZZANINE. An intermediate floor in any story occupying no greater than two-thirds (2/3) of the floor area of such story.
MODULAR HOME. A home built indoors and in a controlled environment (factory), which is transported on a flat bed tractor trailer, and must comply with the State Building Code of Ohio as distinguished from a manufactured home built under Federal HUD regulations.
MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging, offered to the public for compensation, and cater primarily to the public traveling by motor vehicle. It may include all facilities specified under HOTEL.
IN-LAW SUITE. Accommodation for relatives of the principal owner/occupant of a house, including bathroom facilities, and which utilizes the same principal access point to the home. Also known as a "granny flat".
NONCONFORMING LOT OF RECORD. A lot which is part of a subdivision, which has been recorded in the office of the Mahoning County Auditor; or a non-platted parcel of land, the deed to which was of record prior to the effective date of this chapter, or amendments thereto; neither of which conforms to the current minimum area, width, or frontage requirements of this chapter.
NONCONFORMING STRUCTURE. A structure lawfully existing prior to the effective date of this chapter or amendments thereto and that no longer conforms to the provisions of the chapter for the district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land prior to the effective date of this chapter or amendments thereto and that no longer conforms to the use regulations of the district in which it is located.
NURSERY. A space including accessory buildings or structures for the principal purpose of growing or the storing of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
NURSERY SCHOOL or DAY CARE CENTER. Any premise where care is provided for seven (7) or more children (except for family members) who do not reside in the facility, are present primarily during daytime hours, and who do not stay overnight, with or without compensation, except as exempted under the Child Day Care Licensing Law (R.C. §§ 5104.01 through 5104.99) of this state. This definition includes private schools for preschool children and LATCH KEY PROGRAM.
NURSING HOME, ASSISTED LIVING FACILITIES, or CONVALESCENT HOME. A facility used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care as defined in the Ohio Revised Code, or a facility for individuals who require personal care services as defined in the Ohio Revised Code but no skilled nursing care. For the purposes of this chapter, nursing home or convalescent home shall include the Ohio Revised Code definitions for "Nursing Home", "Residential Care Facility" and "Home for Aging".
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate landscaping, drives, and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two (2) vehicles.
OPEN SPACE. Any area or areas within a development not covered by structures, parking lots, asphalt and/or concrete pavement. Areas within PUDs other than those listed may be considered as Open Space, to be determined within the PUD process.
OPEN SPACE (COMMON). The area either dedicated to the public or commonly owned and/or available to all the residents of a development area.
ORDINARY PUBLIC VIEW. Readily visible by a person on a public or private street, sidewalk, or lot adjacent to the property.
OWNER. Any legal entity, person or otherwise who holds superior title to and can evidence superior title in real or personal property.
PARAPET or PARAPET WALL. The portion of a building wall that rises above the roof level.
PARCEL. A distinct portion or tract of land as is recorded and distinguished in the Mahoning County Auditor's Property Tax Atlas.
PARKING AREA. Any pad not meeting the definition of DRIVEWAY and/or is being used to park or store vehicles.
PARKING SPACE. A space for the temporary storage or parking of a motor vehicle within a public or private parking area that is directly accessible to an access aisle or that is located in a dedicated street right-of-way.
PATIO. An uncovered outdoor floor, usually made of concrete, brick or other masonry material, no more than twelve (12) inches higher than the adjacent grade, which is intended for outdoor lounging, dining or like uses.
PAVEMENT. Means that portion of a highway, street or alley right of way having an improved hard surface.
PERFORMANCE BOND. Means an agreement by and between a contractor and a bonding company in favor of the subdivider or by and between a subdivider and a bonding company in favor of the Municipality, guaranteeing the completion of physical improvements.
PERSON. Any individual, corporation, association, firm, partnership, LLC, LPA and the like, singular or plural.
PERVIOUS SURFACE. Penetrable and permeable surface area such as grass, open green space, or landscape areas where water is usually capable of reaching the underground water table.
PLACE OF RELIGIOUS ASSEMBLY. A building, including accessory buildings and uses, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. Nursery schools, kindergarten, day care, and compulsory (grades 1-12) schools may be permitted as conditional use(s) accessory to the principal place of religious assembly.
PLANNED UNIT DEVELOPMENT (PUD). Land under unified control, planned and developed as a whole according to comprehensive and detailed plans. Development may be a single operation or a definite sequential series of development operations including all lands and buildings, with a program for provisions, operation and maintenance of such areas, improvements and facilities necessary for common use by the occupants of the development.
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT. An agreement, entered into between the city and the developer, property owner, or business owner intended to assure the completion of certain improvements, either not usually included in a Subdivider's Contract and bonded or in the absence of a Subdivider's Contract and bonding, which may not otherwise be completed in a timely and satisfactory manner. Such improvements may include, but are not limited to, landscaping, erosion control, roadway improvements, and detention facilities.
PLANNING COMMISSION. The Planning Commission of the City of Sebring, State of Ohio.
PRELIMINARY PLAN OR PLAT. Means the preliminary map, drawing or chart indicating the proposed layout of the subdivision.
PREMISES. An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
PUBLIC UTILITY. Any person, firm, corporation, or governmental agency, board or commission duly authorized to furnish and furnishing under state, county or city regulations to the public gas, steam, electricity, sewage disposal, communication, Wi-Fi, cable or satellite television, telephone, transportation or water.
RECREATION CLUB or ASSOCIATION. Any private organization, corporation, club or association formed principally for the purpose of the operation of recreation programs and/or facilities for the benefit of their members and guests.
RECREATIONAL FACILITY. A private or commercial facility or park used for the purpose of the operation of active or passive recreation programs, such as golf courses, miniature golf courses, sporting facilities, boating facilities, fishing facilities and/or swimming facilities.
RECREATIONAL VEHICLE. Includes the following:
(1) TRAVEL TRAILER. A vehicle built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.
(2) PICK-UP CAMPER. A portable dwelling designed primarily to be mounted on a pick-up truck chassis or in a truck bed and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(3) MOTOR HOME. A portable dwelling designed and constructed as a self-mounted vehicle on wheels and designed for travel, recreational and vacation uses.
(4) BOAT and BOAT TRAILER. Includes floats, rafts and personal water craft, plus the normal equipment to transport the same on the highway.
(5) FOLD-OUT TENT TRAILER.
RECYCLING CENTER. A place where secondhand, discarded or scrap materials are bought, sold, exchanged, stored, processed or handled. Materials may include scrap metal, structural steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The term also includes a site for collection, sorting, storing and processing of paper products, glass, plastics, aluminum or tin cans prior to shipment for remanufacture into new materials. This definition does not include HAZARDOUS WASTE, as defined by this chapter.
RESTAURANT. An establishment whose principal business is serving food and beverages to patrons either inside or through a drive-thru window for consumption on the premises or to take away from the premises.
RESTAURANT, DRIVE-IN. A building and adjoining parking area used for the purpose of serving food and beverages to the public primarily for consumption in vehicles parked upon the premises, which also may include seating or other accommodations provided for its patrons.
RETIREMENT COMMUNITY. An age-restricted development providing housing for the elderly in conformance with 42 USC Section 3607(b)(2), which may include detached and attached dwelling units and apartments for independent living, and may also have a nursing home component.
RIGHT-OF-WAY. A strip of land dedicated for use as a public roadway or dedicated for public use. In addition to the roadway, a right-of-way normally incorporates the curbs, lawn strips, sidewalks, lighting, drainage facilities and utilities.
RIGHT-OF-WAY, FUTURE. A line or width indicating or otherwise describing the limit to which future rights-of-way will be required.
ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
ROW HOUSE or TOWN HOUSE. A row of three or more attached one-family dwelling units, of which each unit is separated by a vertical wall, extending through the trusses to the roof.
SCHOOL, PRIVATE. Any building or group of buildings, the use of which meets the Ohio Department of Education requirements for primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.
SCHOOL, TECHNICAL TRAINING. A school established to provide for the teaching of a specific industrial, clerical, managerial or artistic skill. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum, including, but not limited to beauty schools, bartending schools, truck driving schools and the like.
SELF STORAGE WAREHOUSE. A structure containing separate, individual, and private storage spaces of varying sizes, leased or rented on individual leases generally for storage of items, provided that there is no storage outside of a warehouse facility and no retail sales (including onsite auctions, and vehicle rental) other than limited sales to tenants of products and supplies incidental to the principal use such as packing materials, labels, tape, rope, locks and chains.
SENIOR HOUSING FACILITY. A residential facility of which the occupancy is limited to persons fifty-five (55) years of age or older, and such facilities may include a congregate meal program in a common dining area, but exclude institutional care such as medical or nursing care.
SERVICE STRUCTURE. Dumpsters, trash pads, trash collection storage areas or other structures that are required to be screened.
SIDEWALK. Means a hard surface walkway within a right of way for pedestrian use.
SIGN. A name, identification, description, display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land or affixed to the glass on the outside or inside of a window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization or business. For the purpose of removal, signs shall also include all supporting structures.
(1) Sebring Sign Ordinance
SLOPE. The relationship between the change in elevation of land (rise) and the horizontal distance over which that change in elevation occurs (run). Slope may be calculated by dividing the rise by the run, multiplied by 100, and expressed as a percentage, or shown as a ratio.
SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six (6) cubit feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six (6) cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment switches, cut-off switches, and vertical cable runs for the connection of power and other services.
SOLAR ENERGY. Radiant energy (direct, diffused, and reflected) received from the sun.
SOLAR FARM. A solar energy operation whose primary purpose is the sale of solar energy for commercial gain.
SOLICITOR. Means the Municipal Attorney
SPECIFIC SITE PLAN. A detailed development plan for a part of, or all of, a planned unit development indicating the specific proposed locations of structures, signs, parking areas, means of vehicular access and movement, pedestrian walkways, landscaping and open space, lighting plans, buffering and screening devices, utility services, drainage and runoff control systems, and other details.
STREET. Means a way for vehicular traffic. See Thoroughfare.
STORY. The part of a building, except a mezzanine as defined herein, included between the surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. If the floor level directly above a basement is more than six (6) feet above grade, such basement shall be considered a story.
STORY, HALF. An uppermost story lying under a sloping roof.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SUBDIVIDER. Means any individual, firm, association, syndicate, copartner ship, corporation, trust or any other legal entity commencing proceedings under these Regulations to affect a subdivision of land hereunder for himself or for another.
SUBDIVISION. Means the improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
MAJOR SUBDIVISION. Means any subdivision other than a minor subdivision.
MINOR SUBDIVISION. Means a subdivision in which no land is dedicated for street purposes other than street widening.
SURVEYOR. Means any person authorized to practice surveying as defined by the Ohio Surveyor's Registration Act.
SWIMMING POOL. A structure constructed or placed below or above ground, which is suitable or utilized for swimming or wading. Restrictions and requirements located in zoning classifications (ie residential and commercial).
TAXICAB BUSINESS. A service that offers motor vehicles, other than limousines, to the public for the purpose of carrying or transporting passengers for a charge or a fee. The business may include facilities for storing, servicing, repairing and fueling the taxicabs or vans used by the business.
TEEN CLUB. A social club for teenagers, providing meeting space, recreational games, music and other supervised activities, where the sale of alcohol is not permitted on such premises. Such facilities may operate until midnight unless special permission is granted by the City Manager. Supervision by an adult(s) at least twenty-one (21) years of age is required at all times.
TEMPORARY STORAGE UNIT. Any container that is designed to be transportable and used primarily for temporary storage of building materials, household goods, personal items and other materials for use for a predetermined amount of time, or after being filled is commercially transported for long-term, off-site storage.
TENT. Any structure used for living or sleeping purposes, or for sheltering a public or private gathering, constructed wholly or in part from canvas, tarpaulin, or other similar materials and shall include shelter provided for circuses, carnivals, side shows, revival meetings, camp meetings and all similar meetings or exhibitions in temporary structures.
THOROUGHFARES.
(1) ARTERIALS. This class of street serves as a through connector. Residential properties should be serviced by side streets with these intersections employing a variety of traffic controls.
(2) ARTERIALS, MAJOR. This class of street has little frontage facing commercial or residential properties. These roads are ideally served by the collectors and arterial roads with entrances and exits controlled.
(3) ARTERIALS, PRINCIPAL. This class of street brings traffic to and from expressways and other high speed interurban connectors.
(4) COLLECTORS. This class of street serves internal traffic movements within areas of the City, such as subdivisions, and acts as feeders to the arterial system.
(5) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end permanently closed with a vehicular turnaround. See also The City of Beavercreek Thoroughfare Plan.
(6) LOCAL STREETS. These streets serve as direct access to adjacent land, are usually less than one-half (½) mile in length and are utilized predominately by privately owned vehicles.
TOWER, AMATEUR RADIO. Any outdoor structure designed and constructed to be used exclusively by licensed amateur radio operators for transmitting or receiving radio frequency signals.
TOWER, GUYED WIRE. A tower that is supported by the use of cables (guyed wires) that are permanently anchored to the ground.
TOWER, LATTICE. A type of tower that is self-supporting with multiple legs and cross-bracing of structural steel.
TOWER, MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
TOWER, WIRELESS TELECOMMUNICATION. Any freestanding structure including a lattice, monopole or guywire tower, used to support a wireless telecommunication antenna, but not including amateur radio operator equipment as licensed and required by the FCC.
TRAILER. A structure standing on wheels which is intended to be towed or hauled by a motorized vehicle and used for carrying of materials, goods or objects, or as a temporary office.
USE. A purpose for which land, a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.
(1) ACCESSORY USE. A use on the same lot with, and customarily incidental and subordinate to that of the principal use or building.
(2) CONDITIONAL USE. A use permitted within a district other than a permitted principal use, requiring a conditional use approval by the Planning Commission. Additional uses permitted in each district are listed in the Schedule of Principal Permitted Uses.
(3) NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter or amendments thereto.
(4) PRINCIPAL USE. The main use to which the premises is devoted and the principal purpose for which the premises exist.
(5) TEMPORARY USE. A use established for a fixed period of time with the intent that such use will terminate automatically upon expiration of the fixed time period unless permission to conduct the use is renewed.
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present.
VEHICLE. Any device used for transportation of people or goods over land, air or water surfaces, and/or licensed as a vehicle by the State of Ohio. This term includes without limitation, automobile, truck, trailer, bus, recreational vehicle, motorcycle, farm tractor, boat, airplane or helicopter.
VEHICLE BODY WORK. Any activity involving the repair, modification, replacement of, or application of paint or epoxy or similar application to affect modifications to a significant portion of a vehicle and/or repair, removal or replacement of any major exterior body part such as but not limited to a bumper, fender, door panel, glass or windows, or roof.
VEHICLE, COMMERCIAL. Vehicles including, but not limited to, step up vans, heavy trucks, semi-trailers, truck tractors, tractor trailers, moving vans, delivery trucks, box trucks, dump trucks, tow trucks, wreckers, buses, school buses, cranes, draglines, earthmovers, bulldozers, backhoes, trenchers or similar vehicles. The term also applies to any recreational vehicles converted from a commercial vehicle and any vehicles used as a platform for a hoist, crane, compressor, tank(s), ladder trucks, or similar equipment or as a means of transporting or storing a commercial vehicle.
VEHICLE DEALERSHIP. Any business establishment that sells new or used automobiles, trucks, vans, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. A vehicle dealership may also provide on-site facilities for body work, and the repair and service of vehicles sold or leased by the dealership, whether directly or by another automobile dealer.
VEHICLE PAINT AND BODY SHOP. A place where major and minor vehicle repair and body work is performed.
VEHICLE REPAIR, MAJOR. Heavy mechanical repair services including, but not limited to, internal engine or transmission repair or replacement and body work or painting services.
VEHICLE REPAIR, MINOR. Includes repair of the secondary systems within vehicle such as A/C system service, braking system service, fluid maintenance service, scheduled maintenance service, tune-ups, fuel injection system service, cooling system service, and air induction service. Included in these are the replacement of oil and oil filters, fluids, spark plugs, belts, hoses, brakes, tires and tire rotation.
VEHICLE REPAIR STATION. A place where, along with minor vehicle repair, gasoline, or any other vehicle engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) may be retailed directly to the public on the premises, including the sale of minor accessories.
VEHICLE SERVICE STATION. A place where gasoline, or any other vehicle engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) is retailed directly to the public on the premises, including the sale of minor accessories, but not including storage of inoperable vehicles. May include convenience stores.
WETLANDS. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. As defined by the United States Army Corps of Engineers.
WIND ENERGY CONVERSION SYSTEM. Any device which converts wind energy to a form of useable energy, including windmills or wind turbines.
WINERY. A building or property that produces wine, or a business involved in the production of wine utilizing grapes grown on the premises.
WINERY, MICRO. A micro-winery is a small wine producer that does not have its own vineyard, and instead sources its grape product from outside suppliers.
WIRELESS TELECOMMUNICATION ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired telecommunication systems including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes less than two (2) meters in diameter and omni-directional antennas, such as whip antennas.
WIRELESS TELECOMMUNICATION FACILITY. Any cables, wires, lines, wave guides, antennas, cabinets, switching equipment cabinets and any other equipment or facilities associated with the transmission or reception of telecommunication as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term WIRELESS TELECOMMUNICATION FACILITIES shall not include:
(1) Any satellite dishes two meters in diameter or less.
(2) Antennas used by amateur radio operators.
(3) Television receiving antennas.
WIRELESS TELECOMMUNICATION FACILITY SITE. A tract, lot or parcel of land that contains the wireless telecommunication tower, antenna, support structures, equipment structures, accessory facilities, parking and any other uses associated with and ancillary to wireless telecommunication transmissions.
WIRELESS TELECOMMUNICATION SERVICES. Any personal and/or commercial cellular or digital mobile services.
WIRELESS TELECOMMUNICATION SUPPORT STRUCTURE. Any building or structure accessory to, but necessary for, the proper functioning of the wireless telecommunication antenna.
WIRELESS TELECOMMUNICATION TOWER. Any freestanding structure including a lattice, monopole or guywire tower, used to support a wireless telecommunication antenna.
WIRELESS TELECOMMUNICATION TOWER HEIGHT. The height from the base of the structure to its top, including any antenna located thereon.
(Ord. 48-2024. Passed 10-14-23.)
1111.04 EFFECTIVE DATE.
These Regulations shall be effective following their adoption by Council and the Planning Commission. Henceforth, any other regulations previously adopted by Council or the Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivision having received preliminary approval by the Commission prior to the effective date, provided, however, that no changes to the preliminary plan as approved are introduced by the subdivider.
(Ord. 48-2024. Passed 10-14-24.)
1111.05 SCOPE.
These Regulations shall not apply to any lot or lots forming a subdivision or part thereof, created and/or recorded prior to the effective date of these Regulations. Nor is it intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, regulations or restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Municipality is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall control. These Regulations shall govern the development of all types of land uses and it is the intent of these Regulations to develop a sound and wholesome community by regulating the design and improvements of all new subdivisions and/or redevelopment projects.
(Ord. 48-2024. Passed 10-14-24.)
1111.06 JURISDICTION.
(a) No person shall subdivide or layout into lots any land within the Municipality unless it is by a plat complying with the regulations herein contained, and no plat shall be recorded and no lot or land shall be sold from any such plat until such plat has been approved as herein required.
(b) No person shall circumvent the provisions of these Regulations by lease or by the sale of parcels, by metes and bounds.
(c) The design and layout of all subdivisions shall conform with the requirements of this Planning and Zoning Code. The subdivider shall make improvements and shall submit preliminary and final plans, all in accordance with Chapter 1115 .
(Ord. 48-2024. Passed 10-14-24.)
1111.07 VARIANCES AND EXCEPTIONS.
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements of these Regulations would result in real difficulties, substantial hardship or injustice, such requirements may be varied or modified by the Planning Commission so that the subdivider may subdivide his property in a reasonable manner, provided that the public welfare and interest of the Municipality and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced. (Ord. 48-2024. Passed 10-14-24.)
1111.08 AMENDMENTS.
Council may, after public hearing, amend, supplement or change these Regulations. Notice shall be given of the time and place of such public hearing by publication in at least one (1) newspaper of general circulation published in the local area thirty (30) days prior to the holding of such hearing. The amendment or amendments shall be on file in the office of the Planning Commission for public examination during such thirty (30) days.
(Ord. 48-2024. Passed 10-14-24.)
1111.09 SEPARABILITY.
If any section, subsection, sentence, clause, phrase or portion of these Regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 48-2024. Passed 10-14-24.)
1113.01 AUTHORITY AND ADMINISTRATION.
The Planning Commission, by virtue of Section 7.02 of the Municipal Charter and any ordinance which may hereafter be passed by Council in accordance therewith, is authorized, subject to the holding of required public hearings, to adopt rules and regulations covering plats for subdivisions of land and to approve, conditionally approve or disapprove plats or subdivisions of land falling within their jurisdiction. Administration of the rules and regulations contained herein shall be the responsibility of the Commission.
(Ord. 48-2024. Passed 10-14-23.)
1113.02 RECORDING OF PLAT.
No plat of any subdivision shall be entitled to be recorded in the office of the County Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be considered invalid and the Planning Commission shall institute proceedings to have the plat stricken from the records of Mahoning County. (Ord. 48-2024. Passed 10-14-24.)
1113.03 SALE OF LAND IN SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 48-2024. Passed 10-14-24.)
1113.04 PERMITS.
(a) Building or repair permits shall not be issued for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(b) No owner or agent of the owner of any land shall be entitled to a permit for the installation of wells and septic tanks upon any lots in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(Ord. 48-2024. Passed 10-14-24.)
1113.05 PUBLIC IMPROVEMENTS.
The Municipality will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by Council in the manner prescribed herein.
(Ord. 48-2024. Passed 10-14-24.)
1113.06 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless the plat is first resubmitted to the Commission.
(Ord. 48-2024. Passed 10-14-24.)
1113.07 FEES.
(a) At the time of submitting a preliminary plan, the subdivider shall pay a filing fee and the amount of such fee shall be determined from the following schedule:
Number of Lots in Plat | Amount of Fee |
2 - 5 | $50.00 |
6 - 10 | 65.00 |
11 - 15 | 75.00 |
16 - 20 | 85.00 |
21 - 25 | 100.00 |
26 - 30 | 150.00 |
31 - 35 | 200.00 |
36 - 40 | 250.00 |
41 - 45 | 300.00 |
46 - 50 | 350.00 |
51 - 75 | 400.00 |
76 - 100 | 450.00 |
Over 100 | 500.00 |
(b) The filing fee shall be paid in legal tender or by certified check or money order made payable to the Director of Finance, deposited with the Director for transfer to the General Fund.
(c) In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, then the Commission may, at its discretion, order that the developer be refunded an amount not to exceed one-half of the fee paid to the Director of Finance.
(d) In addition to the above filing fee, the subdivider shall be charged an inspection fee of fifty dollars ($50.00) per lot by the Municipal Inspector and/or Municipal Engineer for the cost of inspection of construction of all improvements in the subdivision which fall under his jurisdiction. Such fee shall be based upon the current fee schedule for the appropriate official. The amount of the deposit and method of payment shall be as required by the department concerned.
(e) The fee shall be for all time spent by the Municipal Inspector or his duly authorized representative or such other office in inspecting the subdivider's improvement.
(Ord. 48-2024. Passed 10-14-24.)
1113.99 PENALTY.
(a) Whoever violates any provision of these Regulations or fails to comply with an order made pursuant thereto shall be fined not more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of the County.
(b) Whoever, being the owner or agent of any land within or without the Municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall be fined not more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(c) Any person who disposes of, offers for sale or leases for a time exceeding five (5) years any lot or any part of a lot in a subdivision before provisions of these Regulations are complied with shall be fined not more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the Municipality. (Ord. 48-2024. Passed 10-14-24.)
1115.01 FILING OF PRELIMINARY PLAT.
Before any subdivider or his or her agent contracts for the sale of or offers to sell any subdivision of land, or any part thereof, which is laid out wholly or partly within the corporate boundaries of the City, the subdivider or his or her agent shall file a preliminary plat of such subdivision with the Planning and Zoning Commission.
(Ord. 48-2024. Passed 10-14-24.)
1115.02 FILING REGULATIONS.
An application, in writing, for the tentative approval of the preliminary plat, together with six (6) blueprints, shall be filed with the Planning and Zoning Commission at least two (2) weeks before the meeting of the Commission at which the plat is to be acted upon. The preliminary plat shall be prepared in accordance with the regulations set forth herein and shall be submitted to the Commission prior to the completion of final surveys of streets and lots, before the start of any grading or construction work upon the proposed streets and before any map, of the subdivision is made in form suitable for recording. The Commission shall determine whether the tentative map is in proper form and shall not receive and consider such a map as filed until it is submitted in accordance with the requirements hereof. Where the preliminary plat covers only a part of the subdivider's entire holding, a sketch of the prospective future system of the unsubmitted part shall be furnished and the street system of the submitted part will be considered in the light of adjustments and connections with the street system of the part not submitted.
(Ord. 48-2024. Passed 10-14-24.)
1115.03 VICINITY MAP REQUIRED.
A vicinity map, at a scale of not more than 400 feet to the inch, shall be shown on or shall accompany the preliminary plat. This map shall show all existing subdivisions and street and tract lines of acreage parcels, together with the names of the record owners of parcels of lands immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall also show how streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or undeveloped property, to produce the most advantageous development of the entire neighboring area.
(Ord. 48-2024. Passed 10-14-24.)
1115.04 SCALE OF PRELIMINARY PLATS.
The horizontal scale of a preliminary plat shall be 400 feet or less to the inch.
(Ord. 48-2024. Passed 10-14-24.)
1115.05 CONTENTS OF PRELIMINARY PLATS.
The preliminary plat shall show:
(a) The proposed name of the subdivision;
(b) The Northpoint, scale and date;
(c) The names and addresses of the subdivider and of the site planner, engineer or surveyor;
(d) The tract designation and other description according to the real estate records of the Finance Director, the County Auditor and the County Recorder;
(e) The boundary line (accurate in scale) of the tract to be subdivided;
(f) Contours with intervals of five feet or less, referred to sea level datum;
(g) The names of adjacent subdivisions or the names of record owners of adjoining parcels of unsubdivided land;
(h) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights of way and other important features, such as section lines, political subdivision lines or corporation lines;
(i) Existing sewers, water mains, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated;
(j) All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservation, if any;
(k) The layout, names and widths of proposed streets, alleys and easements;
(l) The building line proposed for each street;
(m) The profile of each street with tentative grades;
(n) The cross section of proposed streets showing the width of roadways, the location and width of sidewalks and the location and size of utility mains;
(o) A plan and profile of proposed sanitary, storm water or combined sewers, with grades and pipe sizes indicated, and a plan of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants;
(p) The layout, numbers and approximate dimensions of proposed lots; and
(q) A statement that the lot areas and setback lines shown, as well as other proposed land uses, are in accordance with the provisions of the Zoning Code.
(Ord. 48-2024. Passed 10-14-24.)
1115.06 CONDITIONS OF PRELIMINARY PLAT APPROVAL.
The following qualifications govern approval of the preliminary plat:
(a) The approval of a preliminary plat by the Planning and Zoning Commission is strictly tentative, involving merely the general acceptability of the layout as submitted.
(b) The Commission may require such changes or revisions as are deemed necessary to the welfare and needs of the community.
(c) Approval of the engineering details of the proposed streets, sewer and water systems and other proposed public facilities by the appropriate City or County officials will be required prior to the approval of the final plat by the Commission.
(d) Tentative approval shall be effective for a maximum period of twelve (12) months unless, upon application of the developer, the Commission grants an extension. If the final plat has not been recorded within this time limit, the preliminary plat must again be submitted to the Commission for approval.
(Ord. 48-2024. Passed 10-14-24.)
1115.07 SUBMISSION OF FINAL PLAT; RECORDING.
(a) After approval of the preliminary plat by the Planning and Zoning Commission, and the fulfillment of the requirements specified by the Commission, then two (2) mylar tracing of the final plat of the subdivision, at least twenty inches by thirty inches in size, shall be submitted to the Secretary of the Commission for approval.
(b) Action must be taken by the Commission within thirty days after submission of the plat.
(c) Upon approval of the plat by the Commission, the developer shall record the plat with the County Recorder within three months. If the plat is not recorded within this time, the approval of the Commission shall be void.
(d) If the subdivision is located in the Municipality, a copy of the tracing of the final plat, after it is recorded, will be filed and retained in the office of the Director of Public Service Municipal Manager. (Ord. 48-2024. Passed 10-14-24.)
1115.08 CONTENTS OF FINAL PLAT.
The final plat shall contain the following:
(a) The name of the subdivision;
(b) The location by township, section, town and range, or by other legal description;
(c) The names of owners and the registered surveyor;
(d) The scale of one-inch equals 100 feet shown graphically;
(e) The date;
(f) The north point;
(g) The boundary of the plat, based on accurate traverse, with angular and linear dimensions;
(h) The exact location, width and names of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalks;
(i) The true angles and distances to the nearest established street lines or official monuments, which shall be not less than three and which shall be accurately described on the plat;
(j) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles;
(k) Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
(l) All easements for rights of way provided for public services or utilities;
(m) Profiles of all streets, sewers, water lines and drainage facilities, showing grades and elevations in conformity with United States Government data;
(n) All lot numbers and lines, with accurate dimensions in feet and hundredths;
(o) The accurate location of all monuments, which shall be concrete, six (6) inches by six (6) inches by thirty (30) inches, with iron pipe case in the center. One such monument shall be placed at each corner and at each change in direction of the boundary. One such monument shall also be placed at each street intersection and at the beginning and the end of curves, on one side of the street. In all cases, the minimum number of permanent markers required by state of Ohio shall be placed.
(p) The accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any areas to be reserved by deed covenant for common uses of all property owners;
(q) Building setback lines accurately shown with dimensions;
(r) Protective covenants, which shall be recorded with the final plat;
(s) Certification by a registered surveyor to the effect that the plat represents a survey made by him or her, that the monuments shown thereon exist as located and that all dimensional and geodetic details are correct;
(t) Notarized certification, by the owner, of the adoption of the plat and the dedication of streets and other public areas;
(u) Proper form for the approval of the Planning and Zoning Commission with space for signatures;
(v) Approval by signature of appropriate City and County officials concerned with the specifications and inspection of utility installations and improvements; and
(w) Approval by signature of the City Engineer.
(Ord. 48-2024. Passed 10-14-24.)
1117.01 PURPOSE.
The purpose of this chapter is to provide standards for the type, design, size, illumination, movement, materials, condition and location of signs in order to achieve, among others, the following:
(a) To protect and maintain property values;
(b) To provide for reasonable and appropriate means of communication;
(c) To maintain and enhance the aesthetic environment of the Village;
(d) To eliminate any conflict that would be hazardous between traffic control signs and devices and signs not related to the function of traffic control;
(e) To ensure a safe and orderly pedestrian and vehicular environment;
(f) To reduce visual clutter and prevent blight characterized by oversized, overcrowded, abandoned, obsolete, and/or dilapidated signs;
(g) To minimize the risk of damage and injuries from signs that are structurally unsafe;
(h) To promote economic development; and,
(i) To achieve an appropriate balance between signs as a means of communication and reducing the harms caused by such signs.
(Ord. 48-2024. Passed 10-14-24.)
1117.02 DEFINITIONS.
As used in this chapter, unless the context otherwise indicates:
(a) Awning - A projection from a building wall intended primarily for shelter or ornamentation and which can be retracted, folded or collapsed against the face of the supporting building.
(b) Billboard - A permanent sign on which the sign copy is not directly associated with a permitted main use of the land on which such sign is located or any permanent sign situated on a lot where no permitted main use exists.
(c) Building unit - A space occupying a portion of the ground floor of a building, containing an exclusive entrance from the building exterior and separated from all other ground floor spaces by a party wall or walls. For the purposes of this chapter regulations referring to a building shall apply to a building unit if such building is divided into units.
(d) Canopy - Any structure, other than an awning, intended primarily for shelter or ornamentation with a metal frame attached to a building and carried by a frame supported by the ground, foundation or the building to which it is attached.
(e) Changeable copy - That portion of a permanent sign on which copy is not permanently affixed to the sign allowing the copy to be periodically changed manually.
(f) Copy - The letters, words, symbols or artwork displayed on a sign.
(g) Electronic message center (EMC) - A freestanding sign containing a computerized, programmable electronic visual communications device capable of storing and displaying multiple messages in multiple formats and at varying intervals that are electronically changed by remote or automatic means.
(h) Erect - To build, construct, attach, hang, place, suspend or affix and also includes the painting of wall signs.
(i) Facing and surface - A surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
(j) Foot-candle - A unit of measure of the intensity of light falling on a surface equal to one lumen per square foot and originally defined with reference to a standardized candle burning at one foot from a given surface.
(k) Freestanding sign - Any sign supported by one or more uprights, posts, columns, or vertical structures or supports affixed in the ground and not attached to any part of a building.
(l) Illuminated sign - Any sign illuminated by any source as an integral component of the sign, or by external light directed primarily toward the sign.
(m) Incidental sign - Any wall sign one square foot or less in area or a freestanding sign three square feet or less in area and four feet or less in height.
(n) Multi-tenant building - A nonresidential building served by a common entrance that contains multiple uses.
(o) Nonconforming sign - Any sign lawfully erected and maintained prior to the initial passage of this chapter which does not conform to one or more of the requirements of this chapter. Temporary signs shall not be considered legal, nonconforming signs.
(p) Permanent sign - A sign that is accessory to a permitted main use and permanently affixed or attached to the ground, a building or a structure and which cannot be removed without special handling such as removing or dismantling a foundation, fasteners, adhesives, or similar materials providing support or structural integrity for the sign.
(q) Portable sign - Any sign made of durable materials and not a temporary sign, which is capable of moving or being moved.
(r) Projecting sign - Any sign which is attached to a building or other structure and projecting out from a building face or wall, generally at right angles from the building.
(s) Roof sign - Any sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building with the principal supports on the roof structure.
(t) Sign - Any visual communication including but not limited to any writing, pictorial representation, mural illustration, emblem, symbol, design, drawing, banner, flag, placard, pennant, poster or other similar device is used for purpose of advertisement, announcement, declaration, demonstration, identification or expression or which directs attention to a product, place, activity, person, institution or business.
(u) Sign structure - Any sign face, walls, foundations, poles, brackets and other materials supporting the sign face and any materials or equipment associated with the illumination of the sign.
(v) Sight triangle - A triangle formed by lines drawn between points on the front and side rights-of-way lines fifteen (15) feet or a greater distance as required by the City Engineer from their point of intersection that is intended to be clear of landscape materials, vehicles, fences, signs, parking, or any other view-obstructing structures with the exception of required traffic control devices, and utility poles.
(w) Temporary sign - Any sign constructed of wood, metal, cloth, paper, plastic or fabric of any kind that is not intended to be permanently installed in the ground nor permanently affixed to a building or structure and is intended for use for a limited period of time.
(x) Wall sign - Any sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. Wall signs shall also include signs on awning or canopy.
(y) Window sign - Any sign that is attached or affixed to, painted on, or located within two feet inside of a window or door of a building and exposed to public view.
(Ord. 48-2024. Passed 10-14-24.)
1117.03 APPLICABILITY.
(a) Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
(b) Unless otherwise provided, this chapter shall apply to any sign, in any zoning district, that is visible from the public right-of-way or from property other than the property on which the sign is located regardless of legibility.
(c) The construction, erection, safety and maintenance of all signs shall also comply with the provisions of the Building Code of the Village of Sebring.
(d) The following displays shall not be governed by the provisions of these regulations:
(1) Flags, emblems, notices and insignia of any governmental agency.
(2) Signs conforming to the Ohio Manual of Uniform Traffic Control Devices and other government signs for traffic control, public safety and other regulatory purposes.
(Ord. 48-2024. Passed 10-14-24.)
1117.04 PERMIT REQUIRED.
(a) A sign permit shall be required prior to the erection display, relocation, or alteration of any sign except as otherwise provided in this chapter. However, minor repairs or maintenance not involving structural changes may be undertaken without first obtaining a permit.
(b) Application for sign permits shall be made upon forms provided by the Village Manager and shall contain the following information:
(1) The name, mailing address, e-mail address and telephone number of the applicant;
(2) The location of the building, structure or lot to which or upon which the sign is to be attached or erected;
(3) Two scale drawings, blueprints or ink, as well as a digital version in a format acceptable to the Village, of the plans and specifications of each sign indicating all dimensions, materials, colors, type of lettering illumination, method of construction and means of attachment to the building or ground;
(4) The name of the person erecting the sign;
(5) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected;
(6) Photograph of the area of the building upon which a wall sign is to be placed;
(7) Such other information as the Village Manager shall require to show full compliance with this and all other ordinances of the Village;
(8) Payment of a fee of one hundred dollars ($100.00).
(d) Upon receipt of a completed application, the Village Manager shall examine all required plans and specifications as well as the premises upon which the sign is to be placed. If the proposed sign is in compliance with all the requirements of this chapter and all other ordinances of the municipality, the sign permit shall be issued. If the work authorized under the sign permit has not been completed within one year after date of issuance, the permit shall become null and void.
(e) The Village Manager may revoke any sign permit for noncompliance with any provisions of this chapter or misrepresentation of fact on the permit application.
(f) Issuance of a sign permit does not constitute a building permit. When required by the Building Code, a building permit shall be obtained prior to the erection, display, relocation, or alteration of any sign. (Ord. 48-2024. Passed 10-14-24.)
1117.05 PERMIT NOT REQUIRED.
No permit is required for the following signs; such signs, however, are still subject to the regulations provided for in this chapter:
(b) Incidental wall signs provided that such sign is not illuminated.
(c) Incidental freestanding signs limited to two (2) per lot and may be illuminated.
(d) Cornerstones, building plaques or other similar architectural elements permanently incorporated into a building and not exceeding two square feet in total area.
(e) Sign copy which is an integral part of the original construction of vending machines, fuel pumps, automatic teller machines or similar devices.
(Ord. 48-2024. Passed 10-14-24.)
1117.06 PROHIBITED SIGNS AND SIGN CHARACTERISTICS.
In general, any sign that is not expressly authorized by this chapter is prohibited. Additionally, the following signs are prohibited:
(a) Portable or moveable signs or devices except as a temporary sign.
(b) Billboards.
(c) Signs that revolve, rotate, whirl, spin, flash or otherwise make use of motion to attract attention including but not limited to:
(1) Pennants and streamers.
(2) Gas-filled, air activated, or tethered balloons, sky tubes, or sky dancers.
(3) Signs mounted along one edge on a single vertical flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.
(4) Search lights and bare strings of light bulbs.
(d) Roof signs or signs extending above the parapet line.
(e) Any sign that, by reason of its location, illumination, movement, shape or color, may interfere with, obstruct the view of, or be confused with, any authorized traffic control device.
(f) Any sign attached to natural vegetation.
(g) Any sign that shows evidence of inadequate maintenance or deterioration including peeling paint, rust, dirt, fading, damage or discoloration.
(h) No sign shall be erected within the area of any sight triangle unless it is three feet in height or less and does not otherwise obstruct free and clear vision within the sight triangle.
(i) Any permanent sign placed upon or projecting over any public land, street, sidewalk or other public right-of-way.
(j) No sign shall be erected, maintained or permitted to remain so as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, lighting system or traffic control lights of the Village.
(Ord. 48-2024. Passed 10-14-24.)
1117.07 MEASUREMENT STANDARDS.
(a) The area of any sign shall be measured to include the area of the smallest rectangle enclosing all elements of the sign, including letters, characters, designs, graphics and the space between separate elements that are organized to form a single sign.
(b) For free standing signs with two (2) sides in a back-to-back arrangement, parallel, or within thirty (30) degrees of being parallel, only one side of the sign shall be included in the measurement of the area.
(c) In determining the location of a sign in relation to right-of-way or lot lines, distances shall be measured from the right-of-way or lot line to the closest point on the sign structure.
(d) A sign structure shall not be computed as sign area unless it contains sign copy.
(e) The height of a free-standing sign shall be measured as the vertical distance from the uppermost point of the sign to the finished grade immediately below the base of the sign, including all base and/or other mounting material.
(f) For the purposes of this chapter, the length of the building wall that faces a public street other than a limited access highway or that contains the primary public entrance shall be considered the building frontage and shall be measured along such building wall between the exterior faces of the exterior side walls. In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(g) A building is considered to have two (2) frontages whenever the lot fronts on two (2) or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.
(h) Where there are multiple tenants in a building, allowable sign area for such building shall be computed as if there were a single tenant.
(Ord. 48-2024. Passed 10-14-24.)
1117.08 GENERAL PROVISIONS.
(a) Maintenance. All signs shall be maintained in a good state of repair. All signs whose exterior is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced, or removed.
(b) Removal. Whenever any structure or part thereof becomes vacant, the owner or agent shall cause all associated signs and sign structures, which are visible from the exterior, to be removed within thirty (30) days and to restore the exterior appearance of the building to match the existing facade. For freestanding signs, all elements of the sign structure shall be removed and the sign location shall be restored in a manner that is compatible with the premises as determined by the Village Manager.
(c) Substitution of Noncommercial Copy. Any sign that can be displayed under the provisions of this chapter may contain noncommercial copy; provided however that such sign shall be subject to the same permit requirements, restrictions on size and type, and other conditions and specifications that apply to the sign for which they are being substituted.
(d) Illumination. Where illuminated signs are permitted:
(1) All illuminated signs shall be so designed, located, shielded and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent streets and surrounding property.
(2) In no instance shall the lighting intensity of any sign, whether resulting from internal illumination or external illumination, exceed seventy-five (75) foot candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign.
(3) Signs visible from adjoining residential uses shall not be illuminated except with indirect white light.
(4) Temporary signs shall not be illuminated.
(e) Sign Supports. Each sign erected, hung or suspended or permitted under the terms of this chapter shall be securely fastened to a building or other structure upon the premises owned or occupied by the applicant. Such sign shall be supported vertically and horizontally so as to prevent the same from falling from its own weight and all superimposed loads. No sign herein referred to shall be suspended from or supported by a cornice or coping. Signs supported by or extending from any building shall be anchored to the supporting wall or structural members of such building. In no case shall the sign be supported by or suspended from the facing wall only of the structure.
(f) Inspection Required. Each sign or marquee erected shall be examined by the Building Official to determine whether the sign or marquee is constructed, erected, hung or suspended in accordance with the application and permit and the provisions thereof.
(Ord. 48-2024. Passed 10-14-24.)
1117.09 NONCONFORMING SIGNS.
Any legal nonconforming sign may be continued in use if maintained in accordance with this section.
(a) A legal nonconforming sign shall lose its legal nonconforming status upon any of the following occurrences:
(1) The nonconforming sign is structurally altered, enlarged, relocated, or replaced.
(2) The nonconforming sign is determined by the Village Manager to be in a dangerous or defective condition; to fail to conform to health and fire codes; a public nuisance; or abandoned, deteriorated; or in need of repair or replacement.
(3) The nonconforming sign face and/or sign structure is destroyed or damaged in excess of sixty percent (60%) of the combined replacement value of the sign and sign structure.
(b) Nothing in this section shall prevent the ordinary repair, maintenance, and non-structural alteration of nonconforming signs. Changing a sign face shall not be considered an alteration if there is no increase in height or sign area.
(c) All non-conforming signs shall be removed or brought into compliance with the regulations of this chapter before any existing conforming signs may be modified, or any new permanent, sign may be added to any lot, building or use.
(Ord. 48-2024. Passed 10-14-24.)
1117.10 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.
In all residential districts, signs shall conform to the following:
(a) Dwelling Units.
(1) Dwelling units that are permitted in an overlay district shall be deemed to be in a residential district regardless of the underlying zoning district.
(2) One permanent sign shall be permitted for each dwelling unit.
A. Each single-family or duplex dwelling unit may display either a permanent freestanding or wall sign not more than four (4) square feet in area.
B. Each multi-family dwelling unit may display a permanent wall sign not more than four (4) square feet in area.
(3) Two (2) incidental signs may be posted at each dwelling unit.
(b) Residential Developments. Each residential development shall be permitted one freestanding sign, eight (8) square feet or less in area, located near the entrance to the development.
(c) Building Signs. In multi-family developments, each building shall be permitted one wall, awning, canopy or freestanding sign eight (8) square feet or less in area.
(d) Nonresidential Main Uses. One wall or freestanding sign sixteen (16) square feet in area or less may be permitted on the premises of a permitted nonresidential main use located in a residential district. Up to forty percent (40%) of each sign face may include manual changeable copy.
(e) One temporary freestanding sign may be posted on property during active construction authorized by a building permit. Such signs shall not exceed twelve (12) square feet in area.
(f) Freestanding Signs. Freestanding signs shall be four (4) feet or less in height and shall be set back five (5) feet from any street right-of-way and ten (10) feet from an interior lot line. The base of all freestanding signs shall be effectively landscaped with living plant material and maintained in good condition at all times. Exposed foundations shall be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.
(g) Illumination. Permanent signs that are not incidental signs may be illuminated through an external light source.
(h) Temporary Signs Allowed Without a Permit.
(1) One temporary sign may be posted on property that is actively marketed for sale or lease. Such signs shall not exceed six (6) square feet in area.
(2) Temporary noncommercial signage may be posted on any parcel provided that not more than four (4) such signs twenty-four (24) square feet or less in total area may be posted at any one time; provided however, that no such temporary signs shall be permitted on lots that display a changeable copy sign.
(3) Temporary signs shall be four (4) feet or less in height and shall be set back ten (10) feet from any street right-of-way and ten (10) feet from an interior lot line. (Ord. 48-2024. Passed 10-14-24.)
1117.11 SIGNS PERMITTED IN NON-RESIDENTIAL DISTRICTS.
(a) Wall Signs.
(1) One permanent wall sign is permitted on the premises not to exceed two (2) square feet of sign area for each lineal foot of primary building frontage and shall not exceed 200 square feet in total area.
(2) For buildings with a secondary building frontage a portion of the permitted sign area for a permanent wall sign may be reallocated to a second sign displayed on the secondary building frontage.
(3) A wall sign shall project no more than nine (9) inches from the surface or wall to which it is attached.
(4) Where permitted, a portion of the allowable sign area for a permanent wall sign may be reallocated to a projecting, awning, canopy, or window sign in compliance with this chapter.
(b) Freestanding Signs.
(1) In addition to a wall sign, one freestanding sign not exceeding fifty (50) square feet per face and limited to 100 square feet per sign shall be allowed for any one lot with a main building. Up to forty percent (40%) of each sign face may include manual changeable copy.
(2) Such sign shall not exceed eight (8) feet in height above finished grade.
(3) Buildings located on lots with two (2) or more street frontages shall be permitted to erect two (2) freestanding signs subject to size and location requirements as set forth herein. Such signs shall not be located on the same frontage.
(4) One temporary freestanding sign may be posted on property during active construction authorized by a building permit. Such signs shall not exceed sixteen (16) square feet in area.
(5) In lieu of a temporary wall sign, one temporary freestanding sign may be posted on any parcel for thirty (30) days within any ninety (90) day period provided such sign shall not exceed twelve (12) square feet or less in total area provided however, that no such temporary sign shall be permitted on lots that display a changeable copy sign or EMC.
(6) Freestanding signs shall be set back a minimum of five (5) feet from any street right- of-way or interior lot line; provided, however, that such signs shall be set back a minimum of ten (10) feet from any residential lot line.
(7) The base of all freestanding signs, shall be effectively landscaped with living plant material and maintained in good condition at all times. Exposed foundations shall be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.
(8) The applicant shall determine the allocation of allowed sign area among multiple tenants.
(c) Electronic Message Center (EMC) Signs.
(1) In the B-2 Zoning District, one electronic message center sign may be incorporated into a permitted freestanding sign provided it does not exceed forty percent (40%) of the allowable sign area for each face.
(2) Any EMC sign shall meet all of the requirements of this sign code.
(3) Temporary signs or any sign with changeable copy are prohibited on lots that display an EMC sign.
(4) The separation between EMC signs shall be a minimum of seventy (70) feet.
(5) EMC signs shall be located a minimum of thirty (30) feet from any intersection of public streets and located on the property so as to not restrict line of sight visibility for pedestrian traffic and any vehicular traffic for ingress from or egress to a public street.
(6) EMC signs shall hold their message a minimum of fifteen (15) seconds per screen.
(7) Each message shall be limited to two (2) lines of text per screen and two (2) screens of text total. Letter and/or character copy shall not exceed a maximum of eighteen (18) inches in height.
(8) No flashing light(s) or "spell-on" scrolling, streaming, or crawling display modes shall be allowed on any EMC sign.
(9) Operation of an EMC sign shall be consistent with the hours of operation of the business on which the EMC sign is to be located, except that no EMC sign shall be operational between the hours of 11:00 p.m. and 6:00 a.m.
(10) All EMC signs shall be anti-glare and all EMC signs shall be equipped with an automatic dimmer device.
(11) As measured from the affected property lines on which the EMC sign is located, the maximum light emanation from an EMC sign shall not be greater than .2 foot- candles.
(12) No EMC sign shall utilize colored or neon lights that can be used in a location or manner in which they might be confused with traffic control devices or vehicular traffic.
(13) An EMC sign shall not face any residentially zoned property.
(14) All electric equipment used to operate or install an EMC sign shall be UL listed.
(15) All electrical power to any EMC sign shall be supplied via underground carrier inside approved conduit, and shall be installed to the Village's electrical requirements,
(16) Any malfunctioning EMC sign shall be turned off, or display a blank screen, until repaired.
(17) All EMC signs shall be kept in good operating condition and maintained with good external appearance.
(18) If any nonconforming, existing EMC sign is damaged so that repair costs amount to fifty percent (50%) or more of the replacement cost of the EMC sign, the EMC sign may be repaired only if it is brought into conformance with this section.
(d) Projecting Signs.
(1) A portion of the allowable sign area for a wall sign may be reallocated to one projecting sign per main building.
(2) Projecting signs shall not exceed twelve (12) square feet per face and are limited to twenty-four (24) square feet per sign. The maximum dimension shall be four (4) feet.
(3) The lowest point of a projecting sign shall be at least eight (8) feet above a sidewalk or other walkway and at least fifteen (15) feet above a driveway.
(4) In no case shall a projecting sign extend closer than two (2) feet to the curb line of any street.
(e) Awning and Canopy Signs.
(1) A portion of the allowable sign area for a wall sign may be reallocated to the surface of an awning or canopy.
(2) The total area of sign copy shall not exceed twenty-five percent (25%) of the total area of the awning or canopy that is parallel, or within thirty (30) degrees of being parallel of the wall of the main building.
(f) Window Signs.
(1) A portion of the allowable sign area for a wall sign may be reallocated to display no more than two (2) permanent window signs.
(2) The glass area of a door shall be treated as a window for the purposes of this section.
(3) The total area of all permanent window signs shall not exceed twenty-five percent (25%) of the total area of windows or doors of the ground floor of the primary building frontage.
(g) Temporary Signs Allowed Without a Permit.
(1) One temporary sign may be posted on property that is actively marketed for sale or lease. Such signs shall not exceed twelve (12) square feet in area.
(2) Temporary window signs may be displayed in or attached to the inside of display or show windows, provided the total sign area does not exceed twenty-five percent (25%) of the total display or show window area.
(3) Temporary signs shall be six (6) feet or less in height and shall be set back a minimum of five (5) feet from any street right-of-way or interior lot line; provided, however, that such signs shall be set back a minimum of ten (10) feet from any residential lot line.
(Ord. 48-2024. Passed 10-14-24.)
1117.12 NUISANCE.
1117.13 REPEAL.
Chapter 1351 of the Codified Ordinances is repealed. Any other ordinance inconsistent with this chapter of the codified ordinances is repealed.
(Ord. 48-2024. Passed 10-14-24.)