South Charleston City Zoning Code

ZONING REQUIREMENTS

§ 152.065 GENERAL DEVELOPMENT REQUIREMENTS.

(A) Lot width.

(1) Frontage required. No building, structure or improvement shall be constructed or altered unless its lot fronts on a publicly dedicated and improved street or thoroughfare within the village.

(2) Lot width. Lot width shall be measured along the minimum building setback line for the district within which such lot is located.

(B) Front yards.

(1) Front yard requirements. All front yard space shall be maintained in accordance with the following provisions.

(a) Front yards may be landscaped by lawns, shrubbery, trees or other plantings. Such planting(s) shall be maintained in a neat and orderly state.

(b) In all districts, driveways may be located in front yards. In districts where single-family residences are not a permitted use, front yard setbacks may also be used for parking areas, consistent with the regulations of § 152.068.

(2) Front yard measurements. Front yard depth shall be measured from the right-of-way line of the street or highway to the building line.

(3) Open porches. An open, uncovered porch or paved terrace may not project into the required front yard for distance of greater than 14 feet.

(4) Architectural features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front yard no more than three feet.

(5) Corner lots. Lots fronting on more than one street shall provide the required front yard on both streets. Setbacks for one of the other two sides of the corner lot shall be as required for the rear yard in the district where the lot is located.

(1) Measurement. Side yard width shall be measured from the nearest side lot line to the building line.

(2) Open porches. In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of five feet is maintained to any adjoining lot line.

(3) Architectural features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a side yard no more than three feet, with minimum of two feet maintained to any adjoining lot line.

(D) Rear yards.

(1) Measurement. Rear yard depth shall be measured from the rear lot line to the building line. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.

(2) Accessory uses or structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of § 152.066(A).

(3) Open porches. In a residential district, an open, uncovered porch or paved terrace may project into a required rear yard, if a minimum distance of 20 feet is maintained to any rear lot line.

(4) Architectural features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a rear yard no more than three feet with a minimum of two feet maintained to any adjoining lot line.

(E) Height. Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, silos, domes, spires or similar structures, provided that the height of any structure or building, including those mentioned above, shall not constitute a hazard to the safe landing or take-off of aircraft from an established airport.

(Ord. 97-5, passed 8-4-1997)

§ 152.066 ADDITIONAL RESIDENTIAL DISTRICT STANDARDS.

(A) Residential accessory buildings and/or structures.

(1) ACCESSORY BUILDING OR STRUCTURE shall mean a structure occupied by a use which is subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use.

(2) Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar facilities. Residential accessory structures are subject to the following additional requirements.

(a) Not more than two accessory buildings or structures shall be permitted on a single residential lot, not more than one of which may be a storage building.

(b) An accessory use or structure shall not exceed 18 feet in height, unless the subject property is located within the OVR District, and specific approval for a higher accessory building is granted by the Planning and Zoning Board, in order to promote consistency with the architectural character of the other structures on the site.

(c) An unattached accessory structure shall be located to the side or rear of the principal structure, within any side or rear yard. Such accessory structure shall be constructed not closer to the side lot line than the side yard requirement of the district where it is located, and not less than ten feet from the rear lot line.

(d) The total area of all accessory uses or structures shall not exceed 720 square feet, except for swimming pools and tennis courts which shall be exempted from these area requirements.

(B) Private swimming pools.

(1) A PRIVATE SWIMMING POOL as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than 24 inches. A private spa or hot tub with a lockable cover shall not be considered as a swimming pool subject to the provisions of this section.

(2) No swimming pool, exclusive of portable swimming pools with an area of less than 100 square feet, shall be allowed in any residential district unless the following conditions and requirements are complied with.

(a) The pool is intended to be used solely for the occupants of the principal use of the property on which it is located.

(b) Such pool, including any walks, paved areas and appurtenances thereto, shall not be located in any front yard, nor closer than ten feet to any property line or structure.

(c) The surface area of the swimming pool, exclusive of decks, walks and other appurtenances shall not exceed 10% of the area of the lot or parcel.

(d) Any private swimming pool, or the property on which the pool is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than six feet in height, maintained in good condition, and affixed with an operable gate and lock.

(e) All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.

(3) A zoning permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or his or her agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.

(1) The owner or occupant of any lot, premises or parcel of land, who desires to erect a satellite dish in excess of 39 inches in diameter shall apply to the Zoning Inspector for a permit. Satellite dish antennas 39 inches in diameter and smaller shall not require a permit for installation, and are exempt from these regulations.

(2) On such application for a permit, the owner or occupant shall certify that the following requirements are met.

(a) Location of satellite dish.

1. Satellite dishes shall be permitted as an accessory use in those zoning districts where they are so specified.

2. All satellite dishes shall be constructed or erected to the rear of the premises.

3. No satellite dish shall be erected within ten feet from any lot line.

4. No satellite dish shall be erected on the roof of any residential building or structure.

5. No satellite dish shall be linked to receivers that are not located on the same lot or premises.

6. Landscaping should be provided, or the dish shall be located so as to effectively screen the dish from view of adjacent parcels.

(b) Size and height. The maximum diameter of any satellite dish shall not exceed 12 feet. The maximum installed height of any satellite dish shall not exceed 15 feet above natural grade level.

1. Only metal supports of galvanized construction, or equal thereto, shall be permitted.

2. Only a concrete base or caissons, depending on soil conditions, shall be permitted.

3. The installed satellite dish structure shall be capable of withstanding a wind force of up to 85 mph.

4. Any satellite dish must be grounded to an eight-foot grounding rod.

(D) Residential fences and/or hedges.

(1) FENCE or WALL means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence. A DECORATIVE FENCE means a fence that is not suited for the containment of animals or property, in which the opacity of the fence is less than 25%.

(2) No fence or wall, as defined above, may be erected within the village unless the property owner or his or her agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The granting of a permit to construct a fence in no way shall be considered as the village’s authorization that the property lines as shown on the application are correct.

(a) Height and location. The permitted height of a fence or wall shall be determined by its location on the property as follows:

1. A decorative fence or wall not exceeding 48 inches in height may be erected within the front yard provided that the fence or hedge is located not less than three feet from the street right-of-way line, and further provided that the provisions of division (D)(2)(a)3. below are met.

2. A fence or wall not exceeding 72 inches in height may be erected in any area of the lot behind the building setback line.

3. No fence, hedge or wall shall be erected on any lot in such a manner so as to obscure the vision of motorists approaching a street intersection, within a 25 feet clear sight distance along either street approaching said intersection.

(b) Prohibited fences. No person shall erect or maintain any fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall having wire or metal prongs or spikes, or other cutting points or edges.

(E) Home occupations.

(1) Home occupations shall be considered as permitted or conditional uses in the various residential districts.

(2) A home occupation shall comply with the following standards.

(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than 15% of dwelling unit floor area is devoted to the home occupation.

(b) The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.

(d) External indication of such home occupation shall be limited to one non-illuminated sign, not more than one square foot, attached flat against the principal structure.

(e) No physical good or commodity, other than those incidental to the performance of a service, shall be sold from the premises.

(f) No equipment or process shall be used in the home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses off the lot.

(g) No home occupation shall be conducted from any accessory building on the lot.

(3) (a) Generally, home occupations shall be regulated not by the specific activity performed, but rather by the presence of external impacts that may affect the residential character of the surrounding area.

(b) In particular, a home occupation shall consist primarily of rendering specific personal services. Examples would include a seamstress, member of the clergy, lawyer, engineer, architect, real estate consultant, accountant, artist or private teacher. The occupant of the premises shall be the individual performing the home occupation.

(F) Group residential facilities.

(1) Group residential facilities shall be defined and classified in § 152.005. A Class I Type B group residential facility, as defined in § 152.005, is permitted by right in any zoning district that permits single-family dwellings. A Class I Type A group residential facility shall be considered as a conditional use in the AR and SB Districts, subject to the standards below.

(2) A Class II Type A or Type B group residential facility shall be treated as a conditional use in the SB District subject to the standards below:

(a) The facility shall obtain all approvals and/or licenses as required by state and local laws.

(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.

(c) No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.

(d) The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.

(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.

(f) Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.

(g) Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.

(h) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.

(Ord. 97-5, passed 8-4-1997)

§ 152.067 SIGNS.

(A) Purpose. The purpose of these regulations is to prevent signs from becoming a distraction or obstruction to the safe and efficient flow of pedestrian and vehicular traffic, to prevent signs from having an adverse impact on adjacent properties or uses, to encourage the development of signage systems that promote an active economic and business environment, and thereby protect the general health, safety and welfare of the citizens of the village.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BANNER. A non-rigid cloth, plastic or canvas sign typically related to a special event or promotion. For the purposes of this definition, the term BANNER shall not include official flags of public entities, or civic, philanthropic, educational or religious organizations.

BILLBOARD. An off-premises sign that is more than 200 square feet in area.

CANOPY. A structure separate from, but associated by use with the principal building, which is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. A CANOPY SIGN is a sign that is attached to or a part of the roof of such a structure.

CHANGEABLE COPY SIGN. A sign which, in whole or in part, provides for periodic changes in the material or message composing the sign. This definition includes both electronically and manually changeable signs.

DIRECTIONAL SIGN. Any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered.

FLASHING SIGN. A sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.

FREESTANDING SIGN. A sign which is wholly independent of any building for support.

JOINT IDENTIFICATION SIGN. A sign intended to provide the identity or name, for two or more uses within one building, or on one property or the name of the building or its address for property occupied by two or more businesses.

MOVING SIGN. Any sign, all or any part of which physically moves or is animated so as to give the appearance of movement.

OFF-PREMISES SIGN. Any sign that identifies or provides information related to a good, service or event that is not located on the property where such sign is located.

PERMANENT SIGN. A sign intended to be erected or used, or in fact which is used for time period in excess of 90 days.

PORTABLE SIGN. A sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and shall include the following.

(a) FOLDING PORTABLE SIGN. A sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.

(b) TRAILER SIGN. A sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved.

PROJECTING SIGN. A sign that extends outward perpendicular to the building face.

ROOF SIGN. Any sign erected upon or completely over the roof of any building in such manner that any potion of the sign extends over the highest point of the roof.

SIGN. Any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product.

TEMPORARY SIGN. A sign intended to be used, or in fact used, for a time period of 90 days or less.

VENDING MACHINE SIGN. A permanent sign installed by the manufacturer on a fuel pump, vending machine or similar outdoor object.

WALL SIGN. A sign attached to a building face, with the exposed face in a plane parallel to the plane of the wall. WALL SIGNS include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings.

WINDOW SIGN. A sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.

(C) Signs excluded from regulations. The following signs are excluded from the regulations and requirements of this section:

(1) Signs not exceeding one square foot in area that are customarily associated with residential use and are not of a commercial nature, including address and/or name of occupants of the structure, signs on mailboxes or newspaper tubes, signs posted on property related to private parking, and signs warning against trespassing or danger from animals. Signs associated with home occupations shall not be excluded from these regulations;

(2) Signs erected by a governmental entity for a recognized public purpose and duly authorized by any law, statute or ordinance. Such signs include legal notices and traffic control or safety devices, provided such signs carry no supplementary advertising;

(3) Signs located on the inside of a structure or building, that are not designed or located so as to be typically visible from outside the building;

(4) Signs which are in the nature of cornerstones, commemorative tables and historic designations, provided such signs are less than nine square feet in size and not illuminated;

(5) Signs clearly in the nature of decorations customarily associated with a national, local or religious holiday. Such signs shall be of any illumination or animation provided that a safety and/or visibility hazard is not clearly created; and

(6) Flags or insignias of any governmental entity when not displayed as an advertising device, or in connection with any commercial promotion, and provided that not more than four such flags or banners are displayed at any one time.

(D) Prohibited signs. Signs that are not specifically permitted in this section shall be considered as prohibited. Without restricting or limiting the generality of the foregoing provisions, the following signs are specifically prohibited:

(1) Signs mounted on motor vehicles that are parked in a prominent location for the primary purpose of displaying the sign;

(2) Banners, streamers, pennants and similar air-activated moving signs intended for permanent display;

(4) Moving signs, as defined in division (B) above;

(5) Flashing or high intensity lights mounted on a sign;

(6) Roof signs, as defined in division (B) above;

(7) Any sign that obstructs any part of a doorway, exit or fire escape; and

(8) Any sign that resembles or is intended to resemble a traffic-control device, or is located in such a manner so as to obscure or impact the effectiveness of such traffic control device or signal.

(E) Sign permits and administration.

(1) Permit required. No permanent or temporary sign, except as exempted in divisions (C) above and (F) below shall hereafter be erected, constructed or maintained within the village unless a permit for the same has been issued by the Zoning Inspector.

(2) Contents of application.

(a) Application for a permit to construct or erect a sign shall be made by the owner of the property upon which the sign is proposed, or his or her agent. The fee shall be established by separate ordinance.

(b) Each application for a sign permit shall be made on forms provided by the Zoning Inspector, and shall include the following information:

1. Name, address and telephone number of the applicant;

2. Drawings to an appropriate scale, showing at a minimum:

a. The design and layout of the proposed sign, including the total area of the sign and the size, height, character, materials and color of letters, lines and symbols. If more than one sign face is proposed, separate information on each face shall be provided;

b. The exact location of the sign in relation to the building and property; and

c. The method of illumination, if any.

3. Details and specifications for the construction, erection and attachment of the sign;

4. Name, address and telephone number of the sign contractor or company;

5. The time period for which the sign is to be displayed, if a temporary sign; and

6. Other information as may be required by the Zoning Inspector to ensure compliance with the provisions of this chapter.

(3) Action on sign permit. The Zoning Inspector shall issue a sign permit upon submittal of a completed application and payment of applicable fees if he or she determines that the provisions of this chapter have been met. The fee for a sign permit shall be doubled if the construction or physical alteration for which the permit is sought was commenced prior to the application for the permit. If the application for a sign permit is denied, the applicant shall be given written notice of such denial, along with the reasons therefore.

(4) Appeals. Any decision made by the Zoning Inspector under the terms of this section may be appealed to the Planning and Zoning Board in the manner set forth in § 152.023.

(F) Signs that do not require a permit. The following signs may be erected without a permit; such signs, however, shall be subject to all other provisions of this section:

(1) Signs concerning candidates for elective office, public issues and similar matters to be decided by public election provided such signs are removed no later than one week after such election. Such signs shall not exceed 16 square feet in area, shall not be illuminated and shall not be located within a public right-of-way nor be affixed to any public utility pole or street tree. In addition such sign shall not be located in any manner so as to create a safety or visibility hazard. Signs that exceed the standards of this section shall require a sign permit;

(2) Signs that indicate the sale, development, rental or lease of a particular structure or land area, provided such sign does not exceed 16 square feet in area. One such sign will be allowed per street front. Such signs shall not be located in a public right-of-way;

(3) Credit card decals, store hour specifications, “open” or “closed” signs or similar signs that do not exceed an aggregate area of two square feet;

(4) Temporary window signs that promote special business sales, promotions or occasions. No business shall display such signs for more than 30 days per calendar year. The date when each sign is first displayed and the time period for which the sign will be displayed shall be legibly marked on the sign;

(5) Signs, which are less than two square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building, which denote the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries;

(6) A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign provided such sign, is located on the sale premises for a time period not greater than three consecutive days, and is not to be located in a public right-of-way nor affixed to any public utility pole or street tree. Such signs shall not be located in such a manner so as to create a safety or visibility hazard;

(7) Temporary construction signs that display the identification of the construction project, including identification of the contractors, architects and other construction principals. Such construction sign shall be limited to one per construction site, shall not exceed 16 square feet in area and shall be removed upon the completion of construction or the commencement of occupancy, whichever event occurs first. Such signs shall not be located within the public right-of-way;

(8) Signs promoting community events and programs which last for a time period of 14 days or less and which are sponsored by nonprofit, public, educational, religious and charitable entities. Such signs shall be removed not later than three days after the scheduled activity; and

(9) Signs determined by the Planning and Zoning Board to be similar to those specified in divisions (F)(1) through (F)(8) above.

(G) Temporary signs. Temporary signs shall be subject to the following general requirements.

(1) Not more than one temporary sign shall be permitted on any property at one time.

(2) The date upon which a temporary sign is first displayed shall be legibly marked on the sign.

(3) Banners less than 20 square feet in area are permitted as temporary signs provided they are secured at each corner, point and/or end so as to prevent movement.

(4) Trailer signs as defined in division (B) above shall be permitted as temporary signs, provided such signs shall not be displayed for a time period exceeding two weeks during any calendar year.

(5) Folding portable signs, as defined in division (B) above, shall be permitted as temporary signs in the OVB District, provided such signs are secured and/or anchored so as to prevent accidental collapse.

(H) General requirements - permanent signs. Permanent signs shall be subject to the following requirements, as well as the requirements of the Schedule of Sign Regulations in division (M) below.

(1) Wall signs. Wall signs may be erected on any building wall or extension of a building wall that faces a street, parking lot or service drive, and such sign may not extend beyond any building setback line. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of 12 inches

(2) Canopy and/or awning signs. Signs may be painted on an awning area or attached to a canopy or roof that projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee. Canopy or marquee signs shall be a minimum of nine feet above ground level.

(3) Projecting signs. Projecting signs shall be permitted in the OVB and SB Districts pursuant to the requirements of division (M) below, provided such signs do not exceed 12 square feet in size, are placed not less than nine feet above the sidewalk or ground level, and project not more than six feet outward from the building face

(4) Freestanding signs. The location, height and other characteristics of freestanding signs must meet the regulations of this section. No portion of any freestanding sign shall be erected over the street right-of-way.

(5) Window signs. Permanent window signs shall be limited to signs denoting the identification of the occupant, and not more than one logo sign for the product or service offered. The total of all window signs shall not exceed 33% of the total area of the window.

(6) Off-premises signs.

(a) Off-premises signs as defined in division (B) above shall be considered as an accessory use in the SB and I Districts. Not more than one off-premises sign with a sign face area not exceeding 20 square feet is permitted on a single lot. Off-premises signs shall conform to all applicable yard, setback and height restrictions for structures in the zoning district where they are located.

(b) Billboards, as defined in division (B) above, shall be considered as a special use, subject to the requirements of the Special Use District in § 152.051.

(7) General requirements.

(a) Illumination. Illuminated signs shall be permitted only in the OVB, SB, I and SU Districts, and for conditional uses in the OVR District. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate in intensity, travel, move or in any manner fail to provide constant illumination, and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a demonstrable safety hazard to vehicular movement on any street. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.

(b) Pennants and/or streamers. No permanent sign shall contain or consist of banners, pennants, ribbons, streamers, balloons or similar devices.

(c) Construction. All signs and parts thereof, including any electrical wiring, shall be erected, constructed, and maintained so as to not constitute a safety hazard. The construction and installation of all signs shall be subject to inspection by the village and/or the state.

(d) Location. No part of any sign shall be placed in, over or extend onto any public right-of-way.

(e) Permanent subdivision identification signs. Such signs shall be limited to wall mounted or freestanding signs only, with placement on walls, columns or similar architectural or landscaped entrance features used to denote the entrance to the subdivision. Such sign shall be not more than five feet in height and shall set back at least 25 feet from the right-of-way of both streets.

(f) Signs in SU District. Signs in the SU District shall reflect the standards for similar uses in other districts. The applicant shall submit a total signage plan for the proposed development as part of the development plan.

(I) Nonconforming signs.

(1) Abandonment.

(a) The continuance of an existing sign that does not meet the regulations and requirements of this section shall be deemed a nonconforming sign that shall terminate by abandonment when any of the following conditions exist:

1. When the sign is associated with an abandoned use;

2. When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 90 consecutive days. Seasonal businesses are exempt from this requirement;

3. When the sign is not maintained or does not conform to the following:

a. All signs, together with all supports, braces, guys and anchors shall be kept in a proper state of repair; and

b. Every sign and the immediately surrounding premises shall be maintained by the owner, or his or her agent, in a clean, sanitary and inoffensive condition, free from all obnoxious substances, rubbish and weeds.

(b) Upon finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.

(2) Relocation or replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this section. Should any replacement or relocation occur without being brought into compliance, the sign shall be subject to removal.

(3) Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions.

(a) The size and structural shape of the sign shall not be changed or altered. The copy may be changed provided that the change applies to the original use associated with the sign at the time the sign became nonconforming, and a permit is obtained. The copy area shall not be enlarged.

(b) In case damage occurs to the sign to the extent that more than 50% of the replacement value is lost, the sign shall be removed within 60 days.

(4) Inspection and removal. Upon inspection by the Zoning Inspector, if any existing sign is found to constitute a hazard to public safety, such sign shall be subject to removal.

(J) Measurement of signs. For the purposes of this chapter, the measurement of sign area shall comply with the following standards.

(1) Sign area shall include the face of all the display area of the sign not including bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the design.

(2) Where a sign has two or more display faces, the area of all faces of the signs shall be included in determining the area of the sign, unless two display faces join back to back and parallel to each other and not more than 12 inches apart, in which case both of the back-to-back sign faces shall count as a single sign face. For spherical signs, the sphere shall be bisected by an imaginary line through the center of the sphere, and the surface area of the half sphere shall be counted as the sign face. For cubical signs, the area of all display faces shall be included in determining the area of the sign.

(3) The area of the letters, numbers or emblems mounted on a building wall or wall extension shall be computed by enclosing such sign with the smallest single continuous perimeter consisting of rectangles, or series of rectangles, around the letters, number or emblems, and determining the area.

(4) The height of the sign shall be measured from the elevation of the ground at the point which the base of the sign meets the ground, to the highest point on the sign.

(5) For structures and uses having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the measurement of the building line along adjacent drives or parking areas.

(K) Variances. Variances to this section may be granted pursuant to the procedures and policies set forth in § 152.023.

(L) Penalties. Any person, firm, corporation, partnership or association violating any provision of this section or failing to obey any lawful order issued pursuant to its terms shall be subject to fines and penalties as specified in § 152.999.

(M) Schedule of Sign Regulations. Requirements for the number, area and height of permanent on-premises signs are found on the table, which is hereby made a part of this chapter.

(Ord. 97-5, passed 8-4-1997) Penalty, see § 152.999

§ 152.068 OFF-STREET PARKING AND LOADING REQUIREMENTS.

(A) Purpose. The purpose of these requirements is to encourage the orderly development of parking areas within the village and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.

(B) Provision for parking and loading required. In all zoning districts, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased in capacity, there shall be provided off-street parking and loading spaces in accordance with the provisions of this section.

(1) Area and dimensions - parking spaces.

	Minimum Width (Measured in Feet Parallel to Aisle)	Minimum Length (Feet)	Maneuvering Lane Width (Feet)
Parallel parking	9	23	12
30—53 degree angle parking	13	20	15
54—74 degree angle parking	10	20	20
75—90 degree angle parking	10	20	20

(2) Area and dimensions - loading spaces. Loading spaces shall conform to the following minimum requirements:

Length	Width	Height Clearance
30 feet	12 feet	15 feet

(3) Access. All off-street parking and loading areas provided in accordance with this section shall have direct access to a publicly dedicated and improved street or alley.

(4) Surfacing. All off-street parking and loading areas, except for parking areas serving single-family residential uses, shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface.

(5) Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.

(6) Location of parking and loading spaces.

(a) Proximity to street right-of-way.

1. In the AR, SB, I and SU Districts, no off-street parking space, or portion thereof, shall be located closer than 20 feet from any established street right-of-way line.

2. In all other districts, a five-foot clear zone shall be maintained between the street right-of-way line and any vehicle. Parking areas shall be so designed and arranged as to not allow the protruding of any vehicle (or portion thereof) over the clear zone.

(b) Proximity to use. In the OVB District, required parking spaces may be located within 300 feet of the use they serve. In all other districts, required parking spaces shall be provided on the same lot as the use they serve.

(c) Joint provision of parking facilities. Two or more buildings or uses located in the same area may meet parking and loading requirements by the joint provision of parking and loading facilities, provided the number of spaces so provided shall not be less than the sum of required spaces as per division (E) below. A written agreement between the parties, stating the terms under which the proposed parking shall be developed and maintained, shall be filed with the application for a zoning permit.

(D) Parking limitations in residential districts.

(1) Travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers and similar recreational equipment shall not be parked on streets or alleys in any district where residences are a permitted use, for a period of time exceeding 12 hours.

(2) The storage of such equipment shall be subject to the following requirements:

(a) Such recreational equipment shall not be parked or stored within the street right-of- way.

(b) Not more than two pieces of recreational equipment shall be permitted to be stored outside on a parcel containing a single-family or two-family dwelling. For the purpose of this section, a boat stored on a boat trailer shall be deemed one piece of recreational equipment. For multi-family uses, an area shall be designated for outdoor storage of recreational equipment and shall be limited in area to accommodate no more than one piece of recreational equipment for each 15 dwelling units.

(c) Recreational equipment shall not be occupied or used for living, sleeping, housekeeping, storage or business purposes.

(E) Required number of off-street parking spaces. Parking spaces shall be provided according to the following schedule of uses. If a use consists of more than one component use (e.g., a school with a stadium) the required number of parking spaces shall be the sum of the required spaces for those component uses.

Schedule of Required Off-Street
Use	Number of Required Spaces
A. Residential
1. Single or multiple- family residences	2 per dwelling unit
2. Institutional housing, other residential uses	1 per 3 occupants plus 2 for each main work shift
B. Commercial
1. Professional, administrative and business	1 for each 400 sq. ft. of gross floor area.
2. Food, department, general merchandise, hardware, drugs or other retail sales	1 for each 200 sq. ft. of gross floor area
3. Eating or drinking establishments without drive-through facilities	1 for each 100 sq. ft. of gross floor area
4. Eating or drinking establishments with drive-through facilities	1 for each 75 sq. ft. of gross floor area plus additional space in the drive-through lanes equal to 25% of the required number of parking spaces
5. Personal services, including banks, savings and loans, and repair services without drive-through facilities	1 for each 200 sq. ft. of gross floor area
6. Personal services, including banks, savings and loans and similar services with drive-through facilities	1 for each 200 sq. ft. of gross floor area, plus additional space in drive-through lanes equal to 80% of the required number of parking spaces
7. Barber and beauty shops	2 for each work station
8. Gasoline and service stations, automobile service	2 for each service bay plus 1 for each pump, plus 1 for each employee during the main shift
9. Self-serve laundries	1 for each 3 washers
10. Medical and dental offices, human clinics	4 for each doctor or dentist
11. Veterinary clinics, animal hospitals	3 for each doctor
12. Hotels, bed and breakfast establishments	1 for each sleeping room plus 1 for each employee during the main shift
13. Funeral homes	1 for each 400 sq. ft. of gross floor area.
C. Industrial
1. Any manufacturing, processing, packaging, warehousing, distribution or service industry	2 for each 3 employees during work shift having greatest number of employees, plus 1 for each vehicle maintained on the premises
D. Institutional
1. Churches and places of public worship	1 for each four seats in main sanctuary
2. Public or private elementary or secondary school	4 for each classroom, or 1 for each in main auditorium, whichever is greater
3. Business, trade or technical school, college or university	1 for each 2 students and 1 for each faculty member
4. Nursery school/day care	1 for each 15 students
5. Libraries, museums, community centers and similar facilities	1 for each 400 sq. ft. of gross floor area
6. Civic, social and fraternal organizations	1 for each 3 persons allowed in main meeting room at full capacity
7. Hospitals, nursing facilities	1 for each four beds plus 1 per employee on main shift
E. Recreational
1. Baseball, softball, football, soccer or similar	20 for each playfield, plus one for each organized sport playfield 6 seats in stands
2. Tennis, handball or racquetball courts	3 for each court
3. Bowling alleys	4 per lane, plus necessary spaces as required for auxiliary uses such as restaurants
4. Theaters, stadiums, sports arenas, auditoriums	1 for each 4 seats or other assembly halls other than schools

(F) Landscaped parking areas.

(1) The provisions of this section shall apply to new development in the AR, SB, I and SU zoning districts.

(2) If the calculation in division (E) above shows that more than 30 parking spaces are required, the developer/applicant may provide 80% of the required spaces and provide landscaping of the parking area according to the following standards.

(a) A perimeter landscape screen shall be provided along the boundary of the parking area abutting any public right-of-way. Such landscape screen shall be a minimum of 20 feet in width, and consist of live trees, shrubs and other vegetation not less than three feet in height at full growth. This landscape screen may be located within the parking area setback as required in division (C)(6)(a)1. above.

(b) Landscaping used in meeting these standards shall meet the requirements of § 152.069(D).

(Ord. 97-5, passed 8-4-1997; Ord. 2008-6, passed 8-19-2008)

§ 152.069 LANDSCAPE SCREENS AND BUFFERS.

(A) Purpose. The purpose of these landscaping requirements is to promote and protect the public health, safety and welfare through the preservation of the environment by recognizing the vital importance of tree growth in the ecological system. It is further the purpose of this section to specifically encourage the preservation and replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a buffer between particular land uses, and to minimize noise, air and/or visual pollution and artificial light glare.

(B) Tree preservation.

(1) Existing tree ordinance. Existing and proposed development in all zoning districts within the village be subject to the requirements of Ordinances 94-17 and 95-14, passed December 5, 1994 and September 11, 1995 respectively, which are codified in §§ 31.01 and 31.02 and Chapter 93 of this code of ordinances.

(2) Preservation of wooded areas. When preparing and reviewing subdivision plans and preliminary and final development plans, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas should be laid out to avoid unnecessary destruction of heavily wooded areas or outstanding tree specimens.

(1) Screening of uses in particular districts. The development standards for particular districts require the installation of screen or buffer areas of side or rear yards that are adjacent to districts where single-family residences are permitted uses. When required by the specific district development standards, such screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or an acceptable combination of these elements. Such areas shall be a minimum of ten feet wide and contain screening at least seven feet in height. The use of year-round vegetation, such as pines or evergreens, is encouraged. Landscaped screening shall have at least 75% opacity during full foliage.

(2) Screening of trash receptacles. The development standards for particular zoning districts require the screening of trash receptacles to effectively screen them from view.

(3) Maintenance of shrubbery and hedges. In any district, no shrubbery or hedge shall be planted, in such a manner that any portion of growth extends beyond the property line. The owner or occupant of property on which there is shrubbery, hedges or trees located so as to affect the vision of drivers on adjacent streets shall keep shrubbery and hedges trimmed to a maximum of 30 inches in height, and keep trees trimmed so as to avoid covering or obscuring of traffic visibility or traffic control signals.

(D) Landscape materials used as buffers.

(1) Landscape materials utilized in meeting requirements of this section should complement the form of existing trees and plantings, as well as the general design and architecture of the developed area. The type of sun or shade should be considered in selecting plant materials. Artificial plants are prohibited.

(2) All landscape materials shall be living plants and shall meet the following requirements.

(a) Deciduous trees. Trees which normally shed their leaves in the fall, shall be species having an average mature crown spread of greater than 15 feet and having trunks which can be maintained with over five feet of clear wood in areas where visibility is required, except at vehicular use intersections where the clear wood requirement shall be eight feet. A minimum of ten feet overall height, or a minimum caliper (trunk diameter as measured six inches above the ground) of at least two inches immediately after planting shall be required. Trees of undesirable species, as cited in division (D)(2)(b) below, are prohibited.

(b) Species. In meeting the planting and maintenance requirements of this chapter, the following species of trees shall be considered undesirable species, and shall not be utilized:

1. Box elder (Acer negundo);

2. Silver maple (Acer saccharinum);

3. Catalpa (Catalpa speciosa);

4. Tulip tree (Liriodendrum tulipfera);

5. Mulberry (Morus alba);

6. Poplars and cottonwoods (all kinds) (Populus);

7. Willows (all kinds) (Salix); and

8. Siberian elm (Ulmas pumila).

(c) Evergreen trees. Evergreen trees shall be a minimum of three feet high with a minimum caliper of one inch immediately after planting.

(d) Shrubs and hedges. Shrubs shall be planted at least two feet in average height when planted and shall conform to specified requirements within four years after planting.

(e) Grass or ground cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns, and may be sodded or seeded. In swales or similar areas subject to erosion, nets or suitable mulch shall be used; nurse grass shall be sown for immediate protection until complete coverage otherwise is achieved. In certain cases, ground cover consisting of rocks, pebbles, sand or similar materials may be approved.

(Ord. 97-5, passed 8-4-1997)

§ 152.070 ADULT ENTERTAINMENT FACILITIES.

(A) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the village.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ENTERTAINMENT FACILITY. Any establishment which is involved in one or more of the following listed categories.

(a) ADULT BOOK STORE. An establishment which utilizes 15% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on specified sexual activities or specified anatomical areas as defined below.

(b) ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale or services of products characterized by the exposure or presentation of specified anatomical areas or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage and similar functions which utilize activities as specified above.

(c) ADULT MOTION PICTURE. A facility for the display of motion pictures which is regularly used or utilizes 15% or more its total viewing time for presenting material distinguished or characterized by an emphasis to specified sexual activities or specified anatomical areas, for observation by patrons therein.

FINE ART GALLERY. Any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.

SEXUALLY EXPLICIT NUDITY. The sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses or depiction in such position or manner which present or expose such nudity to prominent, focal or obvious viewing attention.

SADOMASOCHISTIC SEXUAL ABUSE. Actual or simulated flagellation, rape, torture or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.

SPECIFIED ANATOMICAL AREAS. Any of the following:

(a) Less than completely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and

(b) Human male genitals in a discernible turgid state.

SPECIFIED SEXUAL ACTIVITIES. Any of the following:

(a) Human genitals in a state of sexual stimulation or arousal;

(b) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or sadomasochistic sexual abuse; and

VISIBLY DISPLAYED. The material is visible on a billboard, viewing screen marquee, newsstand, display rack, window, show case, display case or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.

(1) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning; and

(2) The exhibition and/or performance of any play, drama tableau or motion picture by any theater, museum, library, fine art gallery, school or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.

(D) Location. Adult entertainment facilities are to be considered a conditional use in the SB District, and are additionally subject to the following conditions.

(1) No adult entertainment facility shall be established within 1,000 feet of any residence or district where residences are a permitted use.

(2) No adult entertainment facility shall be established within a radius of 1,000 feet of any school, library or teaching facility, whether public or private, when such school, library or teaching facility is attended by persons under 18 years of age.

(3) No adult entertainment facility shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons under 18 years of age.

(4) No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue or permanently established place of religious services attended by persons under 18 years of age.

(5) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility.

(6) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.

(7) All building openings, entries, windows and the like for adult entertainment uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.

(8) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi-public area.

(Ord. 97-5, passed 8-4-1997)

§ 152.999 PENALTY.

(A) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this chapter) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any requirements thereof, shall, upon conviction, be fined not more than $100 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the village from such other lawful action as is necessary to prevent or remedy any violations.

(B) Penalties as above shall apply unless penalties are defined for specific sections of this chapter, in which case the penalties so defined in those sections shall apply.