Steubenville City Zoning Code

TITLE SEVEN

Additional Zoning Standards

1183.01 PURPOSES.

The purposes of this chapter are:

(a) To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by conservation and more efficient use of open space and conservation of natural features ancillary to said dwellings.

(b) To provide greater opportunities for better housing and recreation for all who are or will be residents of the City.

(c) To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that economics so secured may be to the benefit of those who need homes.

(d) To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, wetlands, groundwater, wooded areas, steep slopes, and areas of unique beauty or importance to the natural ecosystem.

(e) In aid of these purposes, to provide a procedure which can relate the type, design, and layout of residential development to the particular site and demand for housing, in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.

1183.02 ELIGIBILITY REQUIREMENTS.

Any application for approval shall as a minimum meet the following requirements:

(a) The proposed Planned Unit Development shall consist of at least ten (10) or more contiguous acres of land under single ownership.

(b) The proposed Planned Unit Development shall have direct access to at least an arterial street.

(d) Planned Unit Developments shall be permitted to locate only in the R-1, R-1A, R-2, and R-2A, residential districts.

1183.03 LAND USE CONTROL AND DENSITY REQUIREMENTS.

(a) Residential Uses. All Planned Unit Developments shall consist of single-family detached dwellings and at least two (2) of the following housing styles:

(1) Single-family semi-detached dwellings.

(2) Townhouses or single-family attached dwellings.

(3) Multi-family structures or garden apartments.

Each type of housing style shall constitute a minimum of twenty (20) percent of the total number of housing units. Residential home facilities as defined in this Zoning Code shall be prohibited in a Planned Unit Development.

(b) Non-Residential Uses. The following non-residential uses may be permitted in a Planned Unit Development to the extent that they are designed and intended primarily to serve the residents of the Planned Unit Development and are compatible and harmoniously incorporated into the unitary design of the Planned Unit Development.

(1) Retail businesses in accordance with the provisions of the "B-2A" Community Commercial District.

(2) Professional services in accordance with the provisions of the "B-2A" Community Commercial District.

(3) Personal services in accordance with the provisions of the "B-2A" Community Commercial District.

(4) Institutional uses such as private schools, nursery schools, child day care centers, churches, community recreation centers, nursing homes or rest homes.

(1) No minimum lot sizes shall be established, however the average gross residential density for the total Planned Unit Development site shall not exceed twelve (12) dwelling units per acre, except that higher densities may be allowed in accordance with the bonus point provisions contained in this section. In no event shall the average gross residential density exceed sixteen (16) dwelling units per acre.

(2) Areas devoted to public rights-of-way and common open space shall not be included in the total site area for the purpose of computing gross residential density or commercial areas.

(3) The percentage of the Planned Unit Development site to be devoted to common open space shall be no less than twenty (20) percent of the total site area.

(4) Areas for commercial use shall not exceed the following:

SITE SIZE	COMMERCIAL AREA
10 to 49 acres	None permitted
50 to 100 acres	10% of site area
101 to 150 acres	8% of site area
151 to 250 acres	7% of site area
251 acres and greater	6% of site area

Lot coverage of commercial buildings shall not exceed twenty-five (25) percent of the land area designated for commercial use.

(d) Density Bonus. For each additional percentage point of land in common open space above twenty (20) percent, the permissible average gross residential density may be increased by one (1) dwelling unit per acre as specified herein. (Ord. 1996-12. Passed 4-2-96.)

1183.04 SITE ANALYSIS.

(a) Natural Features Analysis. In order to determine which specific areas of the total Planned Unit Development site are best suited for high density development, which areas are best suited for lower density development, and which areas should be preserved in their natural state as open space areas, the developer shall submit a "Natural Features Analysis" of the following subject categories:

(1) Hydrology

(2) Geology

(3) Soils

(4) Topography

(5) Vegetation

(b) Community Impact Analysis. In order to determine the impact of the Planned Unit Development upon the community, an analysis of the potential affects of the Planned Unit Development upon public facilities, utilities, and roadway systems shall be required. Market analysis data which estimates potential market demand for the various types of housing in the proposed Planned Unit Development site shall be presented.

1183.05 SITE DESIGN REQUIREMENTS.

(a) Residential Uses.

(1) Dwelling unit structures shall be located and interspersed so as to promote pedestrian and visual access to common open space.

(2) Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums:

Front to Front:	60 Feet
Front to Side:	40 Feet
Front to Rear:	60 Feet
Side to Rear:	40 Feet
Side to Side:	15 Feet
Rear to Rear:	50 Feet
Corner to Corner:	10 Feet

(3) Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the Planned Unit Development and maintain privacy for residents adjacent to the site. Structures shall be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures.

(4) No building shall be erected to a height in excess of thirty-five (35) feet, provided however, that this height limit may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required and that considerations for fire and other safety features have been adequately accounted for.

(5) No structure shall be located within fifteen (15) feet a street right-of-way line.

(b) Commercial Uses.

(1) All commercial uses shall be located in a single, concentrated area of the Planned Unit Development.

(2) All commercial uses shall be located with direct access to at least a collector street.

(3) Commercial signs are permitted subject to the following:

A. A single sign for the commercial center shall be permitted provided such sign face shall be limited to a height of six (6) feet with a total area of not exceeding fifty (50) square feet.

B. Signs for individual business shall be located on the face of structures and shall be no more than thirty (30) square feet in area.

C. Other than requirements A and B above, signs shall be subject to the requirements contained elsewhere in this Zoning Code.

(1) Common open space shall be designed as an integral part of the Planned Unit Development, and shall be so placed within the development to provide maximum possible accessibility to each dwelling unit.

(2) Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings and scenic views shall be incorporated into common open space areas whenever possible. However, no less than twenty-five (25) percent of the total common open space area shall be suitable for intensive use as an active play area.

(3) The uses authorized for common open space must be appropriate to the scale and character of the Planned Unit Development, considering its natural features, size, land use intensity, potential population, and the number and types of dwelling units to be developed.

(d) Streets, Curbs and Sidewalks, Sanitary Sewer, Water, Storm Drainage and Soil Erosion Control. Streets, curbs and sidewalks, sanitary sewers, water lines, storm drainage and soil erosion control shall be designed and constructed in accordance with City requirements and standards. Performance guarantees and subsequent release of guarantees for all required improvements shall be in accordance with the procedures described in the City's Subdivision Regulations.

(e) Off-Street Parking Requirements. The off-street parking requirements set forth in chapter 1185 of this Zoning Code shall be complied with in the Planned Unit Development. Off-street parking requirements for residential dwelling units in the Planned Unit Development shall be as follows:

(1) For each single-family detached dwelling and single-family semi-detached dwelling there shall be provided in a private garage or driveway, at least two (2) off-street parking spaces for each dwelling unit.

(2) For townhouses or single-family attached dwellings and multi-family structures or garden apartments, off-street parking shall be provided for each dwelling unit as follows:

NO. OF BEDROOM	MINIMUM PARKING SPACES
Efficiency Unit	1.5
1.Bedroom	2.0
2.Bedrooms	2.5
3 or more Bedrooms	3.0

The total number of parking spaces required shall be rounded up to the next whole number where a fractional total would result.

(f) Tree Conservation and Landscaping.

(1) The protection of trees six (6) inches or more in diameter (measured at a height four and one-half (4-1/2) feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.

(2) Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the Planned Unit Development site, landscaping shall be regarded as an essential feature of the Planned Unit Development. In these cases, a Landscaping Plan shall be required in accordance with the provisions of chapter 1185 of this Zoning Code, in order to enhance the appearance of the Planned Unit Development, aid in erosion control, manage storm water, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.

(g) Fees. Fees for the processing of Planned Unit Development applications shall be the same as those for subdivision plats as described in the City's Subdivision Regulations.

1183.06 OWNERSHIP, MAINTENANCE, AND PRESERVATION OF COMMON OPEN SPACE.

For the purpose of ownership, maintenance, and preservation of common open space, the developer shall establish a Home Owners Association in accordance with the provisions of chapter 1185 of this Zoning Code.

1183.07 DEVELOPMENT IN STAGES.

A Planned Unit Development may be developed in stages if the following standards are met:

(a) The location and approximate time of construction of each stage are clearly marked on the development plan.

(b) At least fifteen (15) percent of the dwelling units in the development plan are included in the first stage.

(c) At least fifty (50) percent of the dwelling units in any stage shall be completed before any commercial development shown in that stage shall be completed.

(d) The second and subsequent stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than fifteen (15) percent of the dwelling units included in the development plan.

(e) To encourage flexibility of housing density, design, and type in accord with the purposes of this chapter, gross residential density may be varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire Planned Unit Development must be offset by a gross residential density in a subsequent stage which is less than the permitted average gross residential density for the entire Planned Unit Development.

1183.08 PROCEDURAL REQUIREMENTS - APPLICATION FOR PRELIMINARY APPROVAL.

(a) The application for preliminary approval shall be submitted by or on behalf of the landowner to the Planning and Zoning Commission in accordance with the Preliminary Plat requirements of the City's Subdivision regulations.

(b) The application for preliminary approval shall be in addition to the plans and supporting data required by the Subdivision Regulations and this chapter, and shall contain the following:

(1) The proposed land use areas within the Planned Unit Development, distinguishing between types of residential, non-residential, and open space uses.

(2) The density of each land use within the Planned Unit Development and the average gross residential density for the entire Planned Unit Development.

(3) The use and approximate height, bulk, and location of buildings and other structures.

(4) The location, function, size, ownership, and manner of maintenance of the common open space.

(5) The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for common open space areas and public utilities and the legal form of provisions thereof.

(6) In the case of plans which call for development in stages, a schedule showing the approximate time frame within which applications for final approval of each stage of the Planned Unit Development are intended to be filed and the approximate number of dwelling units, types of dwelling units, and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually by the developer on the anniversary of submission for preliminary approval.

(7) Site plans shall be drawn at a scale no smaller than one (1) inch to fifty (50) feet.

(8) Copies of the site plan and supporting data included in the application for preliminary approval shall be submitted to the applicable agencies as required for Preliminary Plan approval in the City's Subdivision regulations for review and comment.

(c) Within sixty (60) days after the filing of a complete application for preliminary approval of a Planned Unit Development pursuant to this chapter, a public hearing on said application shall be held by the Planning and Zoning Commission at which time the Commission shall take final action to forward to City Council its recommendations.

(d) When the Planning Commission has reported its findings as required herein, Council shall, by official written communication to the landowner, following receipt of the Commission's recommendations pursuant to the public hearing provided for in this section, either:

(1) Grant preliminary approval of the development plan submitted.

(2) Grant preliminary approval subject to specified conditions recommended by the Planning Commission not included in the development plan as submitted.

(3) Deny preliminary approval to the development plan.

Failure to act within ninety (90) days shall be deemed to be a grant of preliminary approval of the development plan as submitted. In the event however, that preliminary approval is granted subject to specified conditions, the landowner may, within thirty (30) days after receiving a copy of the official written communication of Council, notify the Clerk of Council of his refusal to accept said conditions, in which case, Council shall be deemed to have denied preliminary approval of the development plan. In the event the landowner does not, within said time period, notify the Clerk of Council of his refusal to accept said conditions, preliminary approval of the development plan, with all said conditions, shall stand as granted.

(e) The grant or denial of preliminary approval by official written communication shall include the reasons for the grant of approval, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to the following:

(1) In those respects in which the development plan is or is not consistent with the City Comprehensive Plan.

(2) The extent to which the development departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed in the public interest.

(3) The purpose, location and amount of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space, as related to the proposed density and type of residential development.

(4) The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual enjoyment.

(5) The relationship, beneficial or adverse, of the proposed Planned Unit Development to the neighborhood in which it is proposed to be established.

(6) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the Planned Unit Development in the integrity of the development plan.

(f) In the event a preliminary approval is granted to a development plan, with or without conditions, the City shall set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which applications for final approval of each part thereof shall be filed.

(g) The official written communication provided for in subsection (f), above, shall be certified by the Clerk of Council and shall be filed in his/her office, and a certified copy shall be mailed to the landowner. Where preliminary approval has been granted, the same shall be noted on the Zoning Map.

(1) Preliminary approval of a development plan shall not qualify a plat of the Planned Unit Development for recording nor authorize the issuance of any building permits. A development plan which has been given preliminary approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of preliminary approval), shall not be modified or revoked nor otherwise impaired by action of the City pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development in stages, provided applications are filed, within periods of time specified in the official written communication granting preliminary approval.

(2) In the event that a development plan is given preliminary approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall notify the City in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the preliminary approval shall be deemed to be revoked and all of that portion of the area included in the development plan for which final approval has not been given shall be subject to those City regulations otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map.

1183.09 PROCEDURAL REQUIREMENTS - APPLICATION FOR FINAL APPROVAL.

(a) An application for final approval may be for all the land included in a development plan or, to the extent set forth in the preliminary approval, a section thereof. Said application shall be made to the Planning and Zoning Commission and within the time or times specified by the official written communication granting preliminary approval. If the application for final approval is in compliance with the preliminarily approved development plan, a public hearing need not be held.

(b) The application for final approval shall be in accordance with the design and improvement requirements for Final Plats contained in the City's Subdivision regulations at a scale not smaller than one (1) inch to fifty (50) feet. In addition, the following information shall be required:

(1) Total acreage of the development, land uses in each area, total number of dwelling units, number of each of dwelling unit, average gross residential density, and gross residential density in each section.

(2) Building coverage lines accurately locating all types of dwelling units and non-residential structures, giving dimensions of the structures, distances between the structures, distances to street rights- of-way and parking areas, with distances accurate to the nearest foot.

(3) Accurate dimensions of common open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the location of structures in common open space areas shall be illustrated.

(4) In the case of a Planned Unit Development proposed to be developed in stages over a period of years, final plan requirements will apply only to the section for which final approval is being sought. However, the final plan presented for the section to be developed must be considered as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in application for preliminary approval.

(5) Architectural drawings illustrating exterior designs of each type of dwelling unit and non-residential structures to be constructed.

(6) All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These shall bear the certificate of approval of the City Law Director who shall certify as to their legal sufficiency.

(7) Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.

(8) Such certificates of approval by authorities as have been required by the City.

(c) The guarantee of improvement construction and completion shall be as set forth in the City's Subdivision Regulations.

(d) In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this chapter and the official written communication of preliminary approval, City Council shall grant such development plan final approval where it complies with all City specifications.

(e) In the event the development plan as submitted contains variations from the development plan given preliminary approval, upon recommendation by the Planning Commission, Council may refuse to grant final approval, advising the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may refile the application for final approval correcting the variations objected to, doing so at any time within which he shall be entitled to apply for final approval, or within thirty (30) additional days if the time for applying for final approval shall already have passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to refile the application within said time, he shall be deemed to have abandoned the development plan. The grant or denial of final approval of the development plan shall be in the form and contain the reasons required for an application for preliminary approval set forth in this chapter.

(f) A development plan, or any part thereof, which has been given final approval shall be so certified without delay by Council and shall be filed or recorded within ninety (90) days after final approval has been granted in the Office of the County Recorder of Deeds in the manner prescribed for final plats in the City's Subdivision regulations before any development shall take place in accordance therewith.

(g) In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the City in writing; or in the event the landowner shall fail to commence and carry out the Planned Unit Development or of that part thereof, within a period of two (2) years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the City Zoning Map in the manner prescribed for such amendments in this Zoning Code.

1185.01 ACCESSORY BUILDINGS AND USES.

(a) An accessory building or use in a residential district or accessory to a residential use and not attached to the principal structure may be located in any required rear yard provided:

(1) Such building or use shall not exceed one (1) story or be more than fifteen (15) feet in height.

(2) Such building or use shall be set back at least three (3) feet from any lot line and five (5) feet from any public right-of-way line.

(3) All such buildings and uses in the aggregate shall not occupy more than thirty (30) percent of the area of the rear yard.

(4) Accessory buildings and uses other than garages shall not be permitted in any side yard.

(5) On all corner lots, accessory buildings and uses other than garages shall not be permitted in the yard which abuts the secondary street.

(6) On reverse frontage lots, accessory buildings and uses shall be set back at least twenty-five (25) feet from the rear property line.

(7) Garages must be used for the storage or parking of not more than four (4) motor vehicles owned by the occupants of the premises.

(8) Vegetable gardens shall not be permitted in any front yard or on corner lots in any yard which abuts the secondary street. There shall be no limit to the size of vegetable gardens accessory to residential uses.

(b) Accessory buildings and uses for principal uses other than residential shall be located not closer than ten (10) feet to any side or rear property line abutting a residential lot.

(c) When an accessory structure is attached to a principal building, it shall comply in all respects with the requirements of this Zoning Code applicable to the principal building.

(d) No accessory building or use shall project nearer to the street on which the principal building fronts than the setback line of the principal building.

(e) In addition to the requirements of this section, building and uses accessory to principal buildings which have been listed individually or by district on the Steubenville Register of Historic Places, must also comply with the requirements of Chapter 1177 of this Zoning Code.

(f) All accessory buildings and uses shall be ancillary to, subordinate to and customarily incidental to a principal use on the same lot or site to which they are accessory.

(Ord. 2016-11. Passed 4-12-16.)

1185.02 ADULT ORIENTED BUSINESSES.

Adult oriented businesses shall be permitted only in the "I-3" Heavy Industrial District, subject to the conditional use requirements in section 1167.03 and Chapter 1191 of this Zoning Code, and the following standards and criteria:

(a) Any adult oriented business shall not be located within five hundred (500) feet of any residential lot or district, church, school, park or playground, library, governmental building, shopping center, drive-in, motion picture or stage theater, restaurant or other use or activity where large numbers of children and families travel or congregate.

(b) All buildings or structures must comply with the City Building Code and all applicable health and safety requirements.

(c) Off-street parking shall be provided in accordance with the provisions of this chapter using the requirements for retail businesses not otherwise listed; and including but not limited to provisions for drainage, paving, access, landscaping, parking space dimensions and screening.

(d) Signs shall be in accordance with the provisions of this chapter.

(e) The interior of building(s) shall be adequately lighted and constructed so that every portion thereof available to patrons except restrooms, private office areas, and areas used exclusively for storage is readily visible to the clerk or other personnel from the counter or other regular station of business.

(f) A video or digital camera surveillance system shall be installed that monitors all entrance and exit points and all interior spaces, except restrooms, private office areas and areas used exclusively for storage, during all hours of operation. The system shall be maintained in good working order and shall be subject to inspection by the City during normal business hours. The video or hard drive data shall be maintained for a minimum of seventy-two (72) hours.

(g) Advertising, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from streets, sidewalks or walkways, or from other areas public or semi-public; and such displays shall be considered signs.

(h) No adult oriented business shall locate within one thousand (1,000) feet of an existing or proposed similar establishment.

(Ord. 2016-11. Passed 4-12-16.)

1185.03 AGRICULTURAL USES.

Agricultural uses shall comply with the following standards:

(a) Use. Agricultural uses shall be considered accessory uses in the "R-A" Residential Agricultural District, in addition to those uses customarily incidental to single-family detached dwellings. Agricultural buildings or uses as defined herein, shall also include stables, barns, coops, silos and other facilities customarily used in agricultural operations.

(b) Lot Size Requirements. In addition to the minimum lot area, width, depth and yard requirements for the principal residential use, a minimum of two (2) acres of pasture must be provided for domestic livestock use. No minimum area shall be required for cropland, orchards, groves, vineyards, or non-commercial greenhouses; however such activity cannot take place within the required yard area for the residential use.

(c) Setback Requirements. All buildings and structures housing animals, and any buildings or structures used to store feed or other materials used for domestic livestock use and non-commercial greenhouses, shall be located a minimum of thirty-five (35) feet from all property lines, or shall comply with the setback required by the "R-A" zoning district, whichever is greater. A minimum setback of one hundred (100) feet shall be provided between any area or structure used for the storage of animal wastes and all property lines, street right-of-way lines, wetlands and waterways. Land used for cropland, pasture, orchards, groves, vineyards, or non-commercial greenhouses shall not be located within the required yard area for residential dwellings, and shall not be located within street rights-of-way.

(d) Fencing Requirements. All animals shall be kept within a fenced enclosure at all times when said animals are not leashed, haltered, or bridled and under the direct control of the owner or an authorized agent of the owner of the animals. Small animals must be kept within enclosed buildings or escape proof structures and facilities.

(e) Height Restrictions. The height restrictions for accessory buildings or structures associated with agricultural use shall comply with the height restrictions applicable to the principal residential use in the "R-A" zoning district.

(f) Accessory Buildings and Structures. An accessory building or structure associated with agricultural use shall be exempt from the requirements of Section 1185.01 so long as the proposed building or structure complies with the requirements of this section.

(g) Unenclosed Storage. The unenclosed storage articles or items for agricultural use including but not limited to, equipment or vehicles, livestock feed, and building or fencing materials, shall not be permitted. Animal bedding may be stored outside of a structure or building so long as such material is stored a minimum of thirty-five (35) feet from any property line, street right-of-way line, wetland or waterway. Animal wastes shall be stored in accordance with the setback requirements contained herein and shall be completely removed at least once per year.

(h) Nuisance Effect. The agricultural use shall not constitute a nuisance with regard to noise, odor, insects, rodents, dust, vibration, or other nuisance effects beyond the property lines of the parcel upon which the use is located.

(i) Compliance with other Regulations. The proposed use shall comply with all applicable State, Federal and local regulations, including, but not limited to, nutrient/manure/waste management; building, health and safety codes; erosion and sedimentation control and storm water management, as well as standards for signs, lighting, parking and access.

(Ord. 2016-11. Passed 4-12-16.)

1185.04 AMUSEMENT ARCADES AND COMPUTERIZED SWEEPSTAKES CAFES.

Amusement arcades and computerized sweepstakes cafes as defined in this Zoning Code shall comply with the following requirements:

(a) No amusement arcade or computerized sweepstakes café shall be located within 1,000 feet of any residential lot or district, church, school, park or playground, library, or other amusement arcade or computerized sweepstakes café.

(b) The measurement of distances for the purpose of this section shall be from whichever exterior line of the lot on which an amusement arcade or computerized sweepstakes café is proposed to be located which is closest to an existing residential lot or district, church, school, park or playground, library, or existing amusement arcade or computerized sweepstakes café, measured to the nearest line of any existing residential lot or district, church, school, park or playground, library, or amusement arcade or computerized sweepstakes café, or to any lot upon which such is situated.

(c) Any establishment having amusement machines or computerized sweepstakes devices must obtain an amusement permit. A separate permit shall be required for each device. Applications shall be made pursuant to Chapter 705 of the City's Business Regulation Code.

(Ord. 2016-11. Passed 4-12-16.)

1185.05 AUTOMOBILE WASH/DETAILING.

Automobile wash/detailing establishments must comply with the following requirements:

(a) Traffic flow including ingress and egress shall not cause traffic hazards on adjacent streets. Adequate vehicle stacking area must be provided on-site and additional space must also be provided for vehicle drying and vacuum cleaning stations.

(b) On-site traffic circulation, aisles and parking areas must be clearly marked.

(c) Adequate provisions shall be made for the proper disposal of refuse. For establishments where trucks are washed, adequate measures must be in place to prevent pollutants from being washed into the groundwater or waterways.

(d) Water from the operation shall not flow onto sidewalks or streets.

(e) Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(Ord. 2016-11. Passed 4-12-16.)

1185.06 BED AND BREAKFAST ESTABLISHMENTS.

Bed and breakfast establishments shall be permitted in the "R-3", "R-4" and "B-2" Districts, where such structures are: (1) listed individually or by district on the National Register of Historic Places; or (2) listed individually or by district on the Steubenville Register of Historic Places pursuant to the provisions of Chapter 1177 of this Zoning Code; and have been identified as contributing structures, subject to the following standards:

(a) The length of stay for guests in bed and breakfast establishments shall not exceed fourteen (14) consecutive days. The total annual length of stay shall not exceed sixty (60) days in any one (1) year period. All guest records shall be made available for inspection upon request by the Zoning Administrator.

(b) Bed and breakfast houses shall contain a single kitchen and dining area for use only by guests of the bed and breakfast house. Bed and breakfast inns may contain a single kitchen and dining area for use only by guests of the bed and breakfast inn, or a restaurant for use by both guests and the general public. No food preparation or cooking facilities shall be permitted in guest rooms.

(d) In order to ensure that the integrity of the interior space is maintained in historic structures, the following shall be required for all interior modifications:

(1) No interior modification shall be injurious to the architectural or historic character of the structure.

(2) The integrity and arrangement of existing interior spaces must be maintained and all guest rooms shall be part of the primary residential structure and shall not be specifically constructed, reconstructed or altered for rental purposes.

(3) All interior modifications shall be described in the application for certificate of appropriateness, which shall be subject to review and approval by the Steubenville Historic Landmarks Commission.

(4) To ensure that alterations to the exterior of historic structures will contribute significantly to the architectural, historic and cultural revitalization of the neighborhood, compliance with the provisions of Chapter 1177 of this Zoning Code shall be required for all exterior alterations. A certificate of appropriateness must be issued by the Historic Landmarks Commission prior to the issuance of any permit by the Building Inspector.

(e) Bed and breakfast establishments may utilize not more than one (1) unanimated, non-illuminated sign having an area not exceeding four (4) square feet.

(Ord. 2016-11. Passed 4-12-16.)

1185.07 BOARDING HOUSES, ROOMING HOUSES AND DORMITORIES.

(a) Boarding Houses. Boarding houses shall be permitted in the "R-2", "R-3" and "R-4" Districts, subject to the following standards:

(1) Boarding houses shall comply with City Building and Property Maintenance Codes as well as all off-street parking requirements. All boarding houses shall be required to obtain a boarding house permit which shall be valid for a one (1) year period. The fee for a boarding house permit shall be twenty-five dollars ($25.00) annually.

(2) No boarding house shall locate within a radius of five hundred (500) feet of Another boarding house.

(b) Rooming Houses. Rooming houses shall be permitted only in the "R-3" and 'R-4" Districts, subject to the following standards:

(1) Rooming houses shall comply with City Building and Property Maintenance Codes as well as all off-street parking requirements. All rooming houses shall be required to obtain a rooming house permit which shall be valid for a one (1) year period. The fee for a rooming house permit shall be twenty-five dollars ($25.00) annually.

(c) Dormitories. Private dormitories occupied by college students but not under college or university ownership shall be permitted in the "R-3" and "B-2" Districts only within a one (1) mile radius of the property boundary of the institution which such dormitory is designed to serve, subject to the following standards:

(1) Such use shall be permitted only where evidence is shown that said use is sanctioned by a college or university to supplement the institution's dormitories or living accommodations.

(2) Area, frontage, height and yard regulations shall be the same as those for multi-family structures or apartment buildings.

(3) There shall be a minimum of two (2) separate points of vehicular ingress and egress in accordance with the applicable provisions of this chapter. All off-street parking areas shall be located in the rear of the lot.

(4) Where a dormitory abuts a lot containing a single-family detached dwelling or single-family semi-detached dwelling, screening shall be provided by the property owner as defined in this Zoning Code around side and rear lot lines. (Ord. 2016-11. Passed 4-12-16.)

1185.08 CEMETERIES.

Cemeteries shall comply with the following requirements:

(a) The minimum site area shall be twenty (20) contiguous acres.

(b) The minimum front, side and year yard setbacks for buildings or structures shall be fifty (50) feet.

(Ord. 2016-11. Passed 4-12-16.)

1185.09 CLUSTER DEVELOPMENT OPTION.

A developer may request, under the procedures established in chapter 1191 for Conditional Use applications, that a reduction in minimum lot sizes for residential development in the "R-1", "R-1A", "R-2" or "R-2A" residential districts be approved under the Cluster Option. The following criteria shall be used in considering application for development under the Cluster Option:

(a) The use of the land in the site is enhanced by the use of the Cluster Option in such a way as to provide greater recognition of the natural environment and its limitations, including the preservation of historically, archeologically or environmentally sensitive features, than would be likely under conventional zoning regulations.

(b) The developer has demonstrated efforts to reduce the servicing costs in the proposed development by lessening the amount of roads and utility lines, including sanitary sewer and water lines, in a manner consistent with good site design principles.

(c) Land is set aside for common open space, usable for active or passive recreation purposes, and is so placed within the development to provide maximum possible accessibility to each dwelling unit.

(d) In addition to the criteria stated above, the application shall meet the following minimum requirements:

(1) A minimum of seventy-five percent (75%) of the site area which has been released through the reduction in lot sizes must be provided as common open space. In any event, a minimum of twenty percent (20%) of the total site area must be provided as common open space and no less than twenty-five percent (25%) of the total common open space area shall be suitable for intensive use as active play area.

(2) In no case will a developer be permitted to obtain more lots through the Cluster Option than would have been possible through conventional zoning district regulations. The final result shall not involve an increase in the density of the site.

(3) Minimum lot sizes shall not be reduced by more than twenty-five (25) percent of that which would have been required through conventional zoning district regulations.

(4) Minimum side and rear yard requirements shall not be reduced by more than ten (10) percent of that which would have been required through conventional zoning district regulations.

(5) For the purpose of ownership, maintenance and preservation of common open space, the developer shall establish a Home Owners Association in accordance with Section 1185.20 of this chapter.

(e) When several dwelling units are proposed to be erected under common ownership on a single tract containing one (1) acre or more, flexibility of the location of buildings may be permitted without adhering strictly to the yard requirements for single lots. However, there shall be similar provisions for adequate light, air and circulation between all buildings. No reduction in common open space or active play area shall be permitted without the approval of the Planning and Zoning Commission pursuant to procedures required by this section.

(Ord. 2016-11. Passed 4-12-16.)

1185.10 COMMUNITY GARDENS.

Community gardens may be permitted as a principal use on any vacant lot(s) is the City of Steubenville provided such lot(s) are owned, controlled or managed by a governmental/public agency or civic/non-profit organization and such lot(s) are used with the written permission of such governmental/public agency or civic/non-profit organization. Community gardens shall comply with the following requirements:

(a) Community gardens shall not exceed twenty-five thousand square (25,000) feet in size except in the "R-A", Residential Agricultural District where there this Section shall not apply.

(b) Composting shall be limited to materials generated on the site only and shall comply with the composting requirements of Section 1185.11.

(d) Construction of not more than one (1) accessory building for the purpose of storage of garden supplies, garden tools and other garden accessories may be permitted in accordance with Section 1185.01 provided such storage building occupies not more than ten (10) percent of the total lot size.

(e) Fencing around the lot(s) or garden may be permitted in accordance with Section 1185.16

(f) Signage identifying the community garden may be permitted in accordance with Section 1185.40.

(g) Automobiles or trucks shall not be stored on the lot(s).

(Ord. 2016-11. Passed 4-12-16.)

1185.11 COMPOSTING.

Composting shall be permitted only when accessory to a permitted principal use and when in compliance with the following requirements:

(a) Composting shall be limited to the composting of biodegradable vegetable material, including grass clippings, shredded or chipped trees or shrubs, leaves and vegetable waste, and shall not include animal wastes or fats.

(b) Composting shall only be conducted in ways that fire, rodent or disease carrying insect hazards or noxious odors are not created.

(d) Compost shall be kept free of other garbage.

(e) All composting shall be conducted in accordance with the guidelines issued by the Ohio State University Cooperative Extension Service for composting at home.

(Ord. 2016-11. Passed 4-12-16.)

1185.12 CYBERCAFES.

Cybercafes shall comply with the following requirements:

(a) There shall be a video or digital camera surveillance system installed that monitors all entrances and exit points and all interior spaces, except bathrooms, private office areas and areas used exclusively for storage, during all hours of operation. The system shall be maintained in good working order and shall be subject to inspection by the City during normal business hours. The video or hard drive data shall be maintained for a minimum of seventy-two (72) hours.

(b) The number of computers shall not exceed a ratio of one (1) user station per twenty (20) square feet of floor area dedicated for the placement of computers.

(c) Booths, stalls or partitioned portions of a room shall have at least one (1) side open to an adjacent public area or aisle so that the area inside the booth, stall or partitioned portion of a room is visible to persons in the adjacent public area or aisle. The side open to the public area or aisle shall not have a door, curtain or other device capable of blocking visibility into the interior of the booth, stall or partitioned portion of a room. If private rooms are available for public use, the door must have a clear window measuring no less than three (3) square feet placed in a manner to allow a clear and unobstructed view of the interior of the room.

(d) Exterior windows shall not be tinted. Any window coverings such as blinds or drapes must be drawn back or opened during hours of operation, except when needed to block glare from sunlight.

(e) Signs shall be in accordance with the provisions of this chapter.

(f) An interior waiting area shall be provided to patrons waiting to use a computer or other electronic device.

(Ord. 2016-11. Passed 4-12-16.)

1185.13 DRIVE THROUGH FACILITIES.

These requirements are intended to ensure that for drive through or drive-up facilities, there is adequate on-site vehicle maneuvering and circulation area, that stacking or queuing vehicles do not impede traffic on abutting streets, and that stacking lanes will not have a negative impact on abutting lands.

(a) All facilities or uses where services are provided or products sold through a service window or from a drive-up kiosk must provide adequate stacking lane area. A minimum of one hundred fifty (150) feet for a single stacking lane or eighty (80) feet per lane when there is more than one stacking lane shall be required for all drive through or drive-up facilities. A stacking lane shall be measured from the curb cut where vehicles enter the site, along the vehicle route to the service window or kiosk.

(b) Stacking lanes must be designed so that all anticipated vehicles can be stored on-site and so that they do not interfere with or impede traffic on adjacent streets or internal parking or vehicle circulation.

(c) All stacking lanes must be clearly identified, through the use of means such as striping, raised landscaped islands, and signs.

(d) Stacking lane area must be clearly shown on required Traffic Circulation Plans and compliance with Section 1185.49 regarding traffic circulation shall be required.

(Ord. 2016-11. Passed 4-12-16.)

1185.14 DRIVEWAYS AND ACCESS DRIVES.

(a) All driveways and access drives shall be designed and constructed in accordance with ODOT and AASHTO requirements and the following standards:

DRIVEWAY WIDTH

	Residential	Commercial/Institutional*	Industrial
Minimum	10 feet	15 feet	20 feet
Maximum	30 feet	35 feet	40 feet

* The minimum width of access drives for commercial or institutional developments or uses is intended to apply to one-way traffic.

RIGHT TURN RADIUS

	Residential	Commercial/Institutional	Industrial
Minimum	5 feet	10 feet	15 feet
Maximum	15 feet	25 feet	35 feet

(b) No two (2) driveways or access drives for residential developments or uses shall be closer to each other than ten (10) feet, and no such driveways or access drives shall be closer to any side property line than five (5) feet. In no case shall a driveway or access drive curb-cut or entrance extend beyond the projected property boundary line.

(d) All driveways or access drives (except temporary access drives while construction is taking place approved by the City Engineer) must have an asphalt, concrete or brick paved surface. Construction, repair or replacement of driveway or access drive approaches or aprons in a public right-of-way must comply with the standards of the City Engineer.

(e) The construction or use of common or shared driveways or access drives for adjacent residential uses under separate ownership shall be prohibited.

(f) No access drive for two (2) commercial, industrial or public/semi-public developments or uses shall be closer to each other than thirty (30) feet, and no such or access drives shall be closer to any side property line than fifteen (15) feet.

(g) No access drives for commercial, industrial or public/semi-public developments or uses shall be located within twenty-five (25) feet of intersecting street right-of-way lines, unless such access drive is located directly opposite the stem of a "T" type intersection.

(h) Access to multi-family residential, commercial, industrial or public/semi-public developments or uses which permits vehicular ingress and egress to a public right-of-way without the use of designated access drives shall be prohibited. The backing of vehicles from such parking areas into a public right-of-way as a means of egress shall not be permitted.

(i) A clear sight triangle must be provided at all street intersections and at all intersections of streets and driveways or access drives. No structure, wall, fence, sign, planting or other obstruction that would interfere with sight distance shall be permitted within the area of the clear sight triangle, which must be determined using ODOT and AASHTO standards and is subject to review and approval by the City Engineer.

(Ord. 2016-11. Passed 4-12-16.)

1185.15 EXOTIC ANIMALS.

Exotic animals are increasing in popularity as domesticated pets however the keeping of such animals needs to be closely regulated to insure that such animals do not become a nuisance or danger to the public and the neighborhood where the animal resides. These regulations are intended to apply to exotic animals kept as pets accessory to single-family detached residential dwelling units only and shall not apply in the "R-A", Residential Agricultural District. The City Council finds that keeping of such animals as pets so as not to create a nuisance can be reasonable accommodated by regulation and the following restrictions:

(a) Chickens, Ducks, Rabbits. The keeping of chickens, ducks and rabbits, and cages, coops and enclosures for the keeping of such animals, shall be governed by the following regulations:

(1) Number. No more than one (1) such animal shall be kept on a lot or parcel for each one thousand square feet of land area, up to a maximum of five (5) such animals. The minimum lot size shall be five thousand square feet.

(2) Setbacks. The coops or cages housing such animals shall not be located in any front or side yard area and shall not be located within five (5) feet of any lot line.

(3) Prohibitions. No roosters shall be housed or kept in any zoning district except the "R-A", Residential Agricultural District.

(4) Coops and Cages. All such animals shall be provided with a covered, predator-proof coop or cage that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals. The total area of all coops or cages on a lot shall not exceed thirty-two (32) square feet. Coops or cages shall not exceed fifteen (15) feet in height.

(5) Enclosures and Fences. Chickens and ducks shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property, prevent access by predators, and providing at least ten (10) square feet of area for each bird.

(b) Miniature Pigs. The keeping of miniature pigs and sheds and enclosures for the keeping of such animals shall be governed by the following regulations:

(1) Number. Not more than two (2) such animals shall be kept on the lot or parcel and the minimum lot size shall be five thousand square feet.

(2) Housing. Such animals may be housed indoors within the interior of the dwelling unit protected from extreme heat and cold, or may be provided with a shed for shelter. If an outdoor shed is used, it must be a covered, predator-proof shed that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals. The total area of the shed shall be not less than one hundred (100) square feet and not more than two hundred (200) square feet. Sheds shall not exceed fifteen (15) feet in height.

(3) Restrictions. All miniature pigs must be spayed or neutered by a licensed veterinarian. Such animals shall not exceed 150 pounds in weight. Such animals must be restrained by a harness and leash when on public streets, sidewalks or in other public places.

(4) Enclosures and Fences. Direct access must be provided to an outdoor enclosure that is a minimum of four hundred (400) square feet, surrounded by a fence that is at least four (4) feet in height and secured from outside the fence. The enclosure must be easily accessible for cleaning.

(c) Miniature Goats. The keeping of miniature goats, and sheds and enclosures for the keeping of such animals shall be governed by the following regulations:

(1) Number. Two (2) such animals must be kept on the lot or parcel at all times and the minimum lot size shall be five thousand square feet.

(2) Setbacks. The shed housing such animals shall not be located in any front or side yard area and shall not be located within five (5) feet of any lot line.

(3) Restrictions. Male miniature goats must be neutered by a licensed veterinarian.

(4) Sheds. All such animals shall be provided with a covered, predator-proof goat shed that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals. The total area of the shed shall be not less than one hundred (100) square feet and not more than two hundred (200) square feet. Sheds shall not exceed fifteen (15) feet in height.

(5) Enclosures and Fences. Goat sheds shall provide direct access to an outdoor enclosure that is a minimum of four hundred (400) square feet, surrounded by a fence that is at least four (4) feet in height and secured from outside the fence. The area within the enclosure must be maintained free of objects that would allow the goats to climb out of the enclosure. The enclosure must be easily accessible for cleaning.

(d) Lots without a Residence. Exotic animals are not permitted to be housed on a lot where no occupied residence is located.

(e) Sanitation and Nuisances. Exotic animals shall be kept only in conditions that limit odors, noise and the attraction of insects and rodents so as not to create a nuisance or cause health hazards. Such animals shall also not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.

(f) Registration Required. Property owners proposing to keep exotic animals must first submit an application for registration to the Office of the Steubenville Planning and Zoning Commission. Registered owners of exotic animals must be at least eighteen (18) years of age. The Zoning Administrator shall maintain application forms and shall require such information on forms along with accompanying documentation as is necessary to reasonably implement the provisions of this section. Registration shall be valid for one (1) year and it shall be the sole responsibility of the applicant to annually submit applications for registration renewal.

(g) Building Conditions. The keeping of exotic animals shall not be permitted on any lot upon which a building that is vacant, has been condemned, or declared unfit for human habitation is situated.

(h) Permits. Certificate of zoning approval and a building permit shall be required for all outdoor coops, cages, sheds, fences and other enclosures.

(i) Enforcement. The Zoning Administrator or his designee shall inspect each premise to determine compliance with this section. If a proposed premise fails to comply, then the application for registration shall be denied by the Zoning Administrator. In the event it is determined that a currently registered premise fails to comply with this section, then the procedures in Section 1193.07 of this Zoning Code shall apply. (Ord. 2016-11. Passed 4-12-16.)

1185.16 FENCES AND WALLS.

The accurate location of proposed fences and walls must be shown on the plot plan submitted with the required application for zoning approval, along with the exact height, length, type of material, and type of construction of the fence or wall; and all other necessary information required to be shown on a plot plan. In addition, fences and walls shall comply with the following requirements:

(a) Location. Fences and freestanding walls may be placed along a property line when in compliance with the following requirements:

(1) With the exception of fences listed in subsection (a) (2) below and except where necessary to comply with the screening requirements of this Zoning Code, fences or walls in the "R-1", "R-1A", "R-2", and "R-2A" residential districts shall not be permitted in any front yard and no fence or wall shall project nearer to the street on which the principal building fronts than the setback line of the principal building or use in these zoning districts, provided however that approved earth retaining walls and brick or stone pillars at driveway entrances shall be exempt. In the case of a corner lot in the "R-1", "R-1A", "R-2", and "R-2A" residential districts, no fence or wall shall be permitted in the side yard facing the side street and no fence or wall shall project nearer to the side street than the setback line of the principal building or use in these districts.

(2) The following fence types not exceeding four (4) feet in height may be permitted in front yards and in the side yard facing the side street in the "R-1", "R-1A", "R-2", and "R-2A" residential districts subject to the requirements in of this Zoning Code. Unless otherwise required by the Building Code, such fences must comply with the following specifications:

A. Picket fences with a maximum of eight (8) feet between posts and minimum of two (2) inch spacing between vertical pickets; or

B. Decorative wrought iron or simulated decorative wrought iron fences with a maximum spacing of eight (8) feet between posts and a minimum of three (3) inch spacing between vertical rails.

(3) It is the responsibility of the property owner to determine the location of property lines and to be certain that the fence or wall does not encroach upon the property of another. The issuance of zoning approval does not mean that the fence or wall is not encroaching upon the property of another or relieve the property owner of the responsibility of determining the location of property lines.

(4) To the extent possible, two (2) fences or walls shall not be placed back-to- back along a common property line. Every effort shall be made to utilize the existing fence or wall. Otherwise, there shall be no separation between the two (2) fences or walls, or a minimum separation of three (3) feet between fences or walls shall be provided for the maintenance of fences or walls and the ground area between the two (2) fences or walls.

(5) No fence or wall shall be permitted in an area where a clear sight triangle is necessary or otherwise impede vision at any street, alley or driveway intersection.

(b) Materials. Except where limited by subsection (a) (2) above, approved fence and wall materials include stone, brick, finished wood, chain link, wrought iron, or a synthetic look-a-like material approved by the Zoning Administrator. The smooth finished side of the fence or wall shall be the side of the fence or wall that faces outward from the yard or area being fenced. All of the framing or support members shall face the property owner (inward). Fences or walls on a single parcel or site shall have a unified style along a single plane and for all fence or wall segments visible from off the premises in any single direction.

(c) Height. In residential districts, fences or walls, when permitted in a front yard or a side yard facing a side street, shall not exceed four (4) feet in height. When permitted in a rear yard or an interior side yard, fences or walls shall not exceed six (6) feet in height. In non-residential districts, fences or walls shall not exceed eight (8) feet in height.

(d) Historic Structures or Districts. In addition to the requirements of this section, fences or walls accessory to properties which have been listed individually or by district on the Steubenville Register of Historic Places, must also comply with the requirements of Chapter 1177 of this Zoning Code.

(e) Prohibited Fences or Walls. The following fences or walls are prohibited:

(1) Above ground electrified fences or walls;

(2) Snow fencing except during appropriate weather conditions; and

(3) Temporary construction fencing or walls where no active construction activity is taking place.

(4) Barbed wire fences, not including fences in non-residential districts topped with not more than three (3) strands of barbed wire provided the fence is at least six (6) feet in height.

(Ord. 2016-11. Passed 4-12-16.)

1185.17 GARAGE APARTMENTS.

(a) All garage apartments shall conform to the provisions of the City Building Code and other applicable regulations to meet health, fire and safety requirements. In addition, all garage apartments shall provide for off-street parking between the rear of the garage apartment and the alley on which it is located to accommodate one (1) automobile per dwelling unit on the lot if the garage itself does not provide one (1) garage space for each dwelling unit on the lot.

(b) Zoning approval shall not be issued by the Zoning Administrator for the construction of a garage apartment unless and until the main building on the lot, if any, has been inspected by the Property Maintenance Code Official, who shall certify that the condition of the main building is in compliance with the standards of the City Property Maintenance Code and other applicable regulations.

(d) Each garage apartment shall have two (2) side yards of not less than four (4) feet each. Garage apartments shall be setback a minimum distance of ten (10) feet from the alley right-of-way line. There shall be maintained a minimum distance of twenty-five (25) feet between the rear of any existing main building and the garage apartment. Steps and open porches may extend not more than ten (10) feet into this required twenty-five (25) foot yard. There shall be no projections or obstructions extending into the ten (10) foot alley setback.

(e) No garage apartment shall be constructed to provide for more than one (1) dwelling unit per structure nor shall any existing garage apartment be expanded into more dwelling units than it had on November 6, 1957. Garage apartments shall not be permitted on any lot which already has the legal number of dwelling units in the main building or any proposed main building for the zoning district in which it is located according to the frontage and area requirements presently in effect. (Ord. 2016-11. Passed 4-12-16.)

1185.18 GARAGE AND YARD SALES.

Garage and yard sales may be conducted accessory to a dwelling unit in any residential district in compliance with the following standards:

(a) Not more than two (2) garage or yard sales may be conducted at a residence in any one (1) year period.

(b) No single garage or yard sale shall commence prior to 7:00 A.M. or continue after 7:00 P.M. prevailing time.

(Ord. 2016-11. Passed 4-12-16.)

1185.19 GASOLINE SERVICE STATIONS AND GAS STATION MINI-MARTS.

(a) Gasoline service stations and gas station mini-marts shall comply with the following requirements:

(1) All storage areas, pits, lifts, and working areas shall be within the building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.

(2) All gasoline pumps, air pumps and islands upon which pumps are normally located shall be set back at least fifteen (15) feet from the street right-of-way line and setback at least fifty (50) feet from other property lines. Canopies above pumps or islands shall not project into or over street right-of-ways.

(3) Traffic flow including ingress and egress shall not cause traffic hazards on adjacent streets. Adequate vehicle stacking area must be provided on-site and additional space must also be provided for air pumps and vacuum cleaning stations.

(4) On-site traffic circulation, aisles and parking areas must be clearly marked.

(5) No junked motor vehicles or part thereof or no unregistered motor vehicle shall be permitted outside of a building, except that not more than six (6) motor vehicles may be located outside a building for a period not to exceed five (5) days for each vehicle, provided that the owners are waiting for the repair of the motor vehicle.

(6) The exterior display and parking of equipment or vehicles for rent or sale shall be permitted, provided that the area devoted to this purpose does not exceed twenty (20) percent of the total area of the site, the maximum sign area for a service station or gas station mini-mart is not exceeded, and the location of the equipment or vehicles being rented or sold does not interfere with or occupy required off-street parking area, or interfere with on-site traffic circulation or clear site triangles at entrances, exits and adjacent or nearby streets. (Ord. 2016-11. Passed 4-12-16.)

1185.20 HEIGHT REQUIREMENTS.

The height of buildings or structures shall be measured as defined and stated elsewhere in this Zoning Code. The following requirements shall also apply:

(a) The height of chimneys, flues, clock towers, bell towers, domes, and steeples shall not exceed one and one-half (1.5) times the height of the principal building as measured from curb level. Antennas, flag or other poles and telecommunications towers shall comply with the height requirements in this Zoning Code.

(b) Where a lot has frontage on two (2) or more streets, the height limitation shall apply as measured from the curb level of the street with the higher elevation.

(Ord. 2016-11. Passed 4-12-16.)

1185.21 HOME OCCUPATIONS.

(a) When Permitted; Evidence of Use. Home occupations shall be permitted within a single dwelling unit provided that no persons other than those persons residing in said dwelling are employed in the home occupation. In addition, home occupations shall not:

(1) Store goods, products, materials or equipment outside dwellings.

(2) Involve the use of any garage or accessory building, or yard area.

(3) Generate vehicular or pedestrian traffic beyond that which would be considered normal to the neighborhood in which it is located.

(4) Involve the use of commercial vehicles for delivery to or from the premises.

(5) Alter the exterior of the structure in such a manner that it may no longer be reasonably recognized as serving primarily as a residential dwelling.

(6) Involve the use of more than one-third (1/3) of the total floor area of any dwelling.

(7) Involve the use of signs other than those permitted pursuant to Section 1185.40(a) of this chapter.

(b) Permitted Uses. One (1) of the following home occupations shall be permitted for a single family dwelling.

(1) Beauty parlor or barber shop with not more than one (1) customer service chair.

(2) Type B family day-care homes in single-family detached dwellings only, as defined by O.R.C. 5104.01(E).

(3) Teaching or tutoring of not more than four (4) students simultaneously.

(4) Photography or art studio.

(5) Professional or business office.

(6) Custom embroidery, tailoring, dress-making or shoe repair.

(7) Businesses conducted entirely by telephone, mail or the internet.

(8) Limited baking or catering activities for occasional parties or special events and in compliance with Health Department requirements.

(9) Any similarly related customary home occupation which in the opinion of the Zoning Administrator is clearly incidental to the residential use of the premises and neighborhood.

(c) Permits Required. An annual permit shall be required for all home occupations. Applications for Home Occupation Permits shall be made to the Zoning Administrator and accompanied by an application fee of ten dollars ($10.00). The Zoning Administrator shall approve such applications where all the requirements of this Zoning Code have been met. Home Occupation Permits shall be non-transferable from individual, occupation or location and shall automatically expire one (1) year from the date of permit issuance.

(d) Exception. The following may be permitted subject to the Special Exception requirements in Chapter 1189 of this Zoning Code.

(1) Employment by the home occupation of not more than one (1) other person who is not a resident of the dwelling where the home occupation is taking place; and

(2) Use of a garage area or other permitted accessory building in conjunction with a home occupation, provided the property can still comply with off-street parking requirements without the garage space being considered and where no outdoor storage of goods, products, materials or equipment takes place.

(Ord. 2016-11. Passed 4-12-16.)

1185.22 HOME OWNERS ASSOCIATIONS.

Whenever a developer or landowner proposes or is required to provide land or structures for the benefit of only particular home owners or tenants of a development project such as usable open space and active play area, a Home Owners Association shall be established in accordance with the following provisions:

(a) The Home Owners Association shall be established as an incorporated, organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. Additionally, specific provisions shall be established which define completely all membership requirements for all non-lot owners in the event rental units are included in the project.

(b) The Home Owners Association's Declaration of Covenants, Conditions and Restrictions shall as a minimum establish the following:

(1) Property rights including the owner's easements of enjoyment and delegation of use.

(2) Membership and voting rights including any distinction between membership classes.

(3) Covenant for maintenance assessments including the creation of the lien and personal obligation of assessments, purpose of assessments, the maximum annual assessments, special assessments for capital improvements, uniform rate of assessment, due dates, effect of non-payment on assessments, and subordination of the lien to mortgages.

(4) Architectural and exterior maintenance control.

(5) General provisions including enforcement, amendments, and property annexation procedures.

(c) The developer or landowner shall assume all responsibilities for the Home Owners Association until seventy-five percent (75%) of the lots or dwelling units are sold or until such time as the Home Owners Association formally assumes such responsibility. Once the Home Owners Associations is established, the developer or landowner shall be responsible for payment of dues to the Home Owners Association for the lots which he owns.

(d) If the developer or landowner proposes to construct the project over a period of separate stages, the Home Owners Association shall be staged consistent with the development time schedule.

(e) The Articles of Incorporation, and all Declaration of Covenants, Conditions and Restrictions of the Home Owners Association shall be submitted to the City Law Director for review and approval.

(f) In the event that the Home Owners Association shall at any time after its establishment fail to maintain usable open space or active play area and related facilities in reasonable order and condition, the Zoning Administrator may serve written notice upon such organization or upon the property owners of the subdivision or development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and such notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof, and shall state the date, place and time of a public hearing thereon held by City Council which shall be held within fourteen (14) days of the notice. At such hearing, Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said thirty (30) days or any extension thereof, the City, in order to preserve the taxable values of properties, protect public health, safety and welfare, and prevent the open space from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not constitute a taking of said open space, nor vest in the public any rights to use the same. Before the expiration of said year, the City, upon its initiative or upon the request of the Home Owners Association heretofore responsible for the maintenance of the open space shall call a public hearing upon notice to such organization, or to the property owners of the subdivision or development, to be held by Council, at which hearing such organization or property owners shall show cause why such maintenance by the City shall not, at the option of the City, continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain said open space in reasonable condition, the City shall cease to maintain said open space at the end of said year. If the City shall determine such organization is not ready and able to maintain said open space in reasonable condition, the City may, in its discretion, continue to maintain said open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of Council in any case shall constitute a final administrative decision subject to judicial review.

(g) The cost of such maintenance by the City described in subsection (f) above, shall be assessed ratably against the properties within the subdivision or development that have a right of enjoyment of the open space and shall become a lien on said properties. The City, at the time of entering upon said open space for the purposes of maintenance, shall file a notice of lien in the Office of the Auditor of Jefferson County, upon the properties affected by the lien.

(h) For condominium developments only, where the requirements of this section differ or conflict with from those for unit owners associations in condominium developments pursuant to Ohio R.C. Chapter 5311, such requirements for unit owners associations shall be used instead of these requirements.

(Ord. 2016-11. Passed 4-12-16.)

1185.23 LANDSCAPING AND SCREENING.

The intent of these landscaping requirements are to encourage the preservation of existing vegetation; to reduce radiant heat from surfaces; to provide shade; to reduce wind and air turbulence; to minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare; to provide for visual buffering and for the separation of spaces; to enhance beautification of the City; to reduce the amount of impervious surface and reduce storm water runoff; to safeguard and enhance property values; to protect public and private investment; and to protect public health, safety and welfare.

(a) Preservation of Existing Vegetation. Existing vegetation shall be retained and maintained whenever possible so as to permit such vegetation to contribute to landscaping requirements. Such retained vegetation may, if determined appropriate by the Zoning Administrator, either partially or fully aid in compliance with buffer zone or screening requirements. The preservation of natural wooded tracts, rock outcroppings or topographic features, and the protection of trees six (6) inches or more in diameter measured at a height four and one-half (4-1/2) feet above grade shall be an integral part of all Landscaping Plans. Tree lawns must be maintained with grass and/or trees and can only be altered at points of approved vehicular or pedestrian ingress and egress.

(b) Landscaping Plans. The submission of Landscaping Plans shall be required for any proposed multifamily residential, commercial, industrial or public/semi-public construction or development, except those in the "I-1" and "I-3" zoning districts. Copies of the Landscaping Plan must be submitted to the Zoning Administrator concurrently with plot plans as a part of the application for zoning approval. The following information must be shown on the Landscaping Plan: the general location of all existing trees and the general outline of all tree masses; significant existing trees, shrubs or vegetation to be preserved as a part of the proposed construction or development must be designated as such; landscaped islands within parking areas; landscaping or planting strips in or along public rights-of-way; the location and species of all proposed plants to be used in the landscaping together with the quantity, spacing and size of such plants; and the location, material and size of all required buffer zones and screening. After receipt of a Landscaping Plan, it shall be reviewed by the Zoning Administrator. The Landscaping Plan shall be approved when it complies with all City regulations. The Zoning Administrator shall not issue zoning approval until a Landscaping Plan is approved.

(1) Interior Landscaping. All parking areas where more than twenty (20) parking spaces are provided or required shall be provided with raised landscaped islands at least ten (10) feet wide with concrete curbs within the interior of the parking area. Such landscaped islands shall be located along all access drives and at the terminus of all parking aisles or rows, the full length of all access drives or parking spaces, separating aisles from internal traffic circulation. All raised landscaped islands shall be planted and maintained with grasses, shrubs or trees in accordance with an approved Landscaping Plan. Trees or shrubs shall not be placed within two (2) feet of a curb to prevent damage of plants from vehicle bumpers. The edges of all paved areas must have a continuous concrete curb to prevent unsafe circulation of vehicles.

(2) Street Landscaping. Landscaping and planting strips also known as tree lawns, which must include grasses and evenly spaced trees of an approved design shall be provided and maintained for a depth of ten (10) feet between the curb and sidewalk and adjacent to all street and alley rights-of-way for all proposed multifamily residential, commercial, industrial or public/semi-public construction or development, except those in the "B-1", "I-1" and "I-3" zoning districts. The tree lawn shall terminate only at points of vehicular or pedestrian ingress and egress. Trees used along or within a right-of-way and within parking areas must be selected from the guidelines issued by the Ohio State University Cooperative Extension Service, and the tree(s) selected must be appropriate for the application intended. Other trees may be substituted for those species listed in the guidelines only with the approval of the Zoning Administrator. Trees within required tree lawns shall be provided fifty (50) feet on center or one (1) tree per fifty feet of frontage, or as otherwise approved by the Zoning Administrator. Trees shall not be located in any location that interferes with vehicular or pedestrian circulation, that hinders access to fire hydrants, that impedes access to utility lines or shut-off valves, that restricts the view of traffic control devices, or in any location that obstructs a clear sight triangle or clear sight distance.

(d) Buffer Zones and Screening. Buffer zones and screening shall be required to comply with the following requirements:

(1) Buffer zones shall be required in the "I-2" Light Industrial District, and when otherwise specifically required by this Zoning Code which meet or exceed the following standards:

A. A minimum buffer zone of fifty (50) feet in width or as otherwise specifically stated in this Zoning Code shall be provided along any common property line with a residential zoning district, measured from the district boundary line, property boundary or street right-of-way line, if not coexistent with the district boundary line. No building or structure, parking area, or other physical improvement shall be permitted in the buffer zone except: an access drive; a storm water management facility; or a permitted sign.

B. The buffer zone, if not existing vegetation which is maintained, shall be planted with a mixture of grasses or ground covers, and massed deciduous and evergreen trees and shrubs as defined in this Zoning Code of such density as will obscure throughout the course of the year, all of the glare of lights emitted from structures or vehicles on the premises. If existing vegetation is maintained as the buffer zone, it shall also be of such density as will obscure throughout the course of the year, all of the glare of lights emitted from structures or vehicles on the premises.

(2) Screening when required by this Zoning Code shall conform to the definition of screening contained herein and the maintenance requirements of this section. Screening shall begin at the building setback line or at such other point as may be determined by the Zoning Administrator.

(e) Maintenance of Landscaping, Buffer Zones and Screening. All grasses, ground cover plants, shrubs and trees required by this section shall be maintained in good condition. Any required vegetation or plantings which are diseased, die or otherwise no longer satisfy the requirements of this section must be replaced by the property owner within thirty (30) days with equal or similar species and size.

(Ord. 2016-11. Passed 4-12-16.)

1185.24 LIGHT INDUSTRIAL USES.

Light industrial activities and uses in the "I-1", "I-1A" and "I-2" Districts shall be subject to the following requirements:

(a) Outdoor storage of materials and equipment shall be permitted only in areas which do not front on public streets and only in if such areas are enclosed or provided with screening as defined in this Zoning Code.

(b) Above ground storage tanks shall be permitted only in rear yard area and must be fully screened from adjacent properties.

(Ord. 2016-11. Passed 4-12-16.)

1185.25 LOT AND YARD REGULATIONS.

All lots shall comply with the following standards unless otherwise provided for in Chapter 1148 of this Zoning Code:

(a) Access to Public Streets. Every lot hereafter upon which a dwelling is constructed, moved or remodeled into a greater number of dwellings shall be on a lot which abuts a public street or a private street in compliance with the City's Subdivision Regulations, the right-of-way width of which is not less than thirty (30) feet. Any lot which does not abut a public street or way of sufficient width but which was in separate ownership prior to August 6, 1951, may be used for a dwelling, the number of dwelling units therein to be in accordance with the regulations for the zoning district in which the lot is located.

(b) Lot Width, Area and Yards. Any lot which was of less width or area than as specified for the zoning district in which it lies but which was a lot of a recorded subdivision or which was in separate ownership from adjoining lots prior to August 6, 1951, may be used for residential dwelling purposes in accordance with the regulations for the zoning district in which the lot is located. No construction of buildings nor division of land by sale shall reduce the width, area or yards of any lot below the standards of this Zoning Code. In a commercial or industrial district no front or rear yard for an existing residential dwelling may be reduced below eight (8) feet nor any side yard below four (4) feet. No portion of any lot area, yard area, or street frontage that is required for a building or use under this Zoning Code may be used by another building or use to conform to the standards of this Zoning Code. Nothing in this Zoning Code shall prevent the erection of one (1) building on two (2) adjacent lots for a permitted purpose.

(Ord. 2016-11. Passed 4-12-16.)

1185.26 MINING; MINERAL EXTRACTION.

Surface and deep mining activities, including sand pits, gravel pits, peat bogs, removal of topsoil or rock or the removal of any natural resource or mineral from the land or ground, except where preparatory to the subdivision or development of land, for which a plot plan or preliminary subdivision plat has been approved by the City shall be prohibited.

(Ord. 2016-11. Passed 4-12-16.)

1185.27 OCCUPANCY AND USE.

(a) Unless provided for elsewhere in this Zoning Code, not more than one (1) family as defined herein shall occupy a residential dwelling unit. Occupancy of commercial, industrial and other buildings or uses shall be as provide for in this Zoning Code and applicable Building Codes.

(b) The following may be permitted subject to the special exception requirements in Chapter 1189 of this Zoning Code:

(1) The construction of one (1) or more additional floors for apartment buildings and garden apartments;

(2) The construction and/or use of an accessory structure as a guest house, caretaker's residence or servant's quarters;

(3) Employment by a home occupation of not more than one (1) other person who is not a resident of the dwelling where the home occupation is taking place; and

(4) Use of a garage area or other permitted accessory building in conjunction with a home occupation, provided the property can still comply with off-street parking requirements without the garage space being considered and where no outdoor storage of goods, products, materials or equipment takes place. (Ord. 2016-11. Passed 4-12-16.)

1185.28 OFF-STREET LOADING AND UNLOADING.

In addition to required street parking area, access drives and maneuvering space, all business, commercial, industrial, institutional and public uses except those located in the "B-1" Central Business District, shall provide off-street areas for the loading and unloading of vehicles adequate to meet their needs subject t to the following provisions:

(a) Size of Loading and Unloading Space. The minimum size of required loading/unloading area shall be not less than fifty-five (55) feet in length and fifteen (15) feet in width, with an overhead clearance of at least fourteen (14) feet in height. Such size requirements are to be exclusive of parking area, access drives and maneuvering space.

(b) Location and Access. Unobstructed access at least fifteen(15) feet wide shall be provided in accordance with the provisions of section 1185.13 of this chapter. No off-street loading or unloading area shall be located in any front yard or closer than ten (10) feet to any side or rear lot line. In no case shall a required yard area be used for off-street loading or unloading. No loading or unloading area shall be located so that vehicle using such space will block parking spaces, access aisles, walkways, sidewalks, streets or alleys or extend onto adjacent properties. All loading or unloading area shall have appropriate access to a street or alley as well as maneuvering area so that a semi-trailer truck can gain access to and use such area by means of one (1) continuous parking maneuver beginning at a public right-of-way.

REQUIRED LOADING/UNLOADING SPACE

Land Use	Floor Area in Square Feet	Number of Loading/ Unloading Spaces Required
Manufacturing, distribution wholesale, storage, and similar uses	5,000 - 25,000
	25,001 - 60,000	1
	60,001 - 100,000	2
	Each 50,000 above 100,000	3
Office Buildings, hotels and motels, retail sales, hospitals, schools, institutions and similar uses	5,000 - 60,000	1
	60,001 - 100,000	2
	Each 20,000 above 100,000	1

(d) Construction. The surface of off-street loading or unloading area shall be constructed and maintained with an asphalt or concrete paved surface. Proper drainage shall be provided to prevent the accumulation of standing water.

(e) Screening. All loading and unloading areas which abut a residential lot shall be equipped with screening as defined in this Zoning Code.

(Ord. 2016-11. Passed 4-12-16.)

1185.29 OFF-STREET PARKING.

(a) General Requirements.

(1) Areas which may be considered as off street parking spaces include any private garage, carport or other area available exclusively for the parking of vehicles and located off the public right-of-way. A driveway within a required yard of a single-family detached dwelling or single-family semi-detached dwelling may count as two (2) parking spaces.

(2) All off-street parking area shall be graded for proper drainage and shall be constructed with a cement concrete or asphalt surface so as to provide a parking area free from, dust, mud or standing water. Porous pavement may be used when approved by the City Engineer in accordance with subsection (h) of this section.

(3) Access to parking areas must comply with the requirements of Section 1185.14 for driveways and access drives.

(4) Drive through facilities must comply with the requirements of Section 1185.13 for drive through facilities.

(5) Parking lot lighting must comply with the outdoor lighting requirements in Section 1185.31.

(6) Vehicle circulation in and around parking areas must comply with the traffic circulation requirements in Section 1185.49.

(7) Landscaping in and adjacent to parking areas must comply with the landscaping requirements in Section 1185.23.

(8) Off-street loading and unloading areas must comply with the requirements of Section 1185.28.

(9) All off-street parking areas which provide more than five (5) spaces and all off-street loading and unloading areas which abut a residential lot shall be equipped with screening as defined in this Zoning Code.

(10) No off-street parking area shall be closer than three (3) feet to a principal building or any side or rear lot line for all proposed multifamily residential, commercial, industrial or public/semi-public construction or development, except those in the "B-1", "I-1" and "I-3" zoning districts. Landscaping and tree lawns shall be provided along all public rights of way in accordance with Section 1185.23.

(b) Use. All parking facilities required in accordance with these regulations shall be maintained exclusively for the parking of motor vehicles so long as the use or structure exists which the facilities were designed to serve. Such parking facilities shall not be used for automobile sales, storage, repair work, or temporary or seasonal uses unless the parking spaces used are surplus parking provided in excess of the minimum number of parking spaces required by these regulations.

(c) Location. All off-street parking facilities shall be located on the same lot or site and in the same zoning district as the use being served by such off-street parking facilities, except as per subsection (e) of this section.

(d) Joint Parking Facilities. Required parking facilities may be provided in spaces designed to serve jointly two (2) or more establishments located on the same lot or site, whether or not located in the same building, provided that the number of required spaces in such joint parking facilities shall not be less than the total required for all such establishments. Where it can be conclusively demonstrated that one (1) or more such uses will be generating demand for parking spaces primarily during periods when the other use or uses are not in operation, the Zoning Administrator may authorize a reduction in the total parking spaces required for that use with the greater requirement.

(e) Off-Site Parking Facilities. All permitted or required parking spaces shall be located on the same lot or site and in the same zoning district as the use to which they are accessory, except however, that such parking spaces may be provided elsewhere, but shall be provided within a radius of no greater distance than three hundred (300) feet from the property boundary line of the lot or site occupied by the use to which the spaces are accessory. All such off-site parking facilities shall be situated within the same zoning district as the use they are designed to serve and shall be in common ownership with such use. All such off-site parking facilities shall be subject to the provisions set forth herein, shall be maintained so long as the structure or use to which they are accessory exists, and shall be subject to deed restrictions filed in the Office of the Recorder of Deeds of Jefferson County binding the owner and his heirs and/or assigns to maintain the required number of spaces throughout the life of such use. Such parking facilities shall conform to all applicable regulations as prescribed herein.

(f) Handicapped Accessible Parking. Handicapped accessible parking along with passenger loading and unloading area and related signage, curb ramps and walks must be provided in accordance with the Americans with Disabilities Act (ADA) requirements and the most recent U.S. Department of Justice publication, 28 CFR Part 36, "ADA Standards for Accessible Design."

(g) Computation. The number of required parking spaces shall, where applicable, be determined based upon the total square feet of net floor area as defined herein. Each parking space shall consist of not less than one hundred sixty-two (162) square feet of usable area for each vehicle. The net parking space per vehicle shall not be less than nine (9) feet wide and eighteen (18) feet long. The total number of required parking spaces must be rounded up to the next whole number when a fractional total would result. Sufficient space for access drives and access aisles shall also be provided for the safe maneuvering of vehicles. Outdoor parking area shall not satisfy open space requirements on the lot or site upon which it is located.

(h) Porous/Pervious Pavement. In order to promote sound storm water management practices and effective site drainage, a twenty-five (25) percent reduction in the number of required off-street parking spaces (not including handicapped accessible spaces) may be granted by the Zoning Administrator when parking facilities are constructed using porous or pervious pavement. In such cases, the design and construction of such parking facilities must be approved by the City Engineer before the reduction in the number of spaces is finally approved.

(i) Parking Facilities Required. Off-street parking for residential dwellings shall comply with the parking requirements of the zoning district in which the dwelling is located. In addition to the off-street parking requirements described below, at least one (1) off-street parking space shall be provided for each employee on the largest shift. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Zoning Administrator upon consideration of all factors entering into the parking needs of each use. Off-street parking spaces shall be required as follows:

OFF-STREET PARKING REQUIREMENTS

Land Use	Number of Required Spaces
Administrative Office	Three (3) spaces for every 1,000 s.f. of floor area up to 20,000 s.f.; plus two (2) spaces per 1,000 s.f. of floor area greater than 20,000 s.f.
Adult Day Care	One (1) space per four (4) clients
Adult Family Home	Two (2) spaces, plus the spaces required for the residence
Adult Foster Home	One (1) space per client, plus the spaces required for the residence
Adult Group Home	One (1) space per four (4) clients, plus the spaces required for the residence
Adult Oriented Business	One (1) space per 200 s.f. of floor area
Amusement Arcade	One (1) space per 200 s.f. of floor area
Animal Grooming	One (1) space per 250 s.f. of floor area
Animal Shelter	One (1) space per 400 s.f. of floor area of enclosed buildings

Antique Shop	Two (2) spaces per 1,000 s.f. of floor area
Appliance Sales/Repair	Two (2) spaces per 1,000 s.f. of floor area
Art Gallery	Two (2) spaces per 1,000 s.f. of floor area
Artist Studio	One (1) space per studio
Assisted Living Facility	One (1) space per four (4) beds
Athletic Field	Four (4) spaces per 1,000 s.f. of field area
Auction Room	Four (4) spaces per 1,000 s.f. of floor area
Automobile Repair, Minor or Major, Paint Shop	One (1) space per service bay
Automobile Sales/Rental	Two (2) spaces per 1,000 s.f. of floor area; plus one (1) space per 2,500 s.f. of outside sales/rental area; plus two (2) spaces per service bay
Automobile Supply	Two and one-half (2.5) spaces per 1,000 s.f. of floor area
Automobile Tire Shop	Two (2) spaces per 1,000 s.f. of floor area
Automobile Wash/Detailing	One (1) drying space and two (2) stacking spaces per washing space (washing spaces can not be counted toward this requirement), plus one (1) space for each vacuum
Bakery	Two (2) spaces per 1,000 s.f. of floor area
Bar or Tavern	One (1) space per four (4) persons at maximum occupancy
Barber Shop	Two (2) spaces per customer service chair
Bed and Breakfast House	One (1) space for each sleeping room
Bed and Breakfast Inn	One (1) space for each sleeping room , plus one (1) space per three (3) seats
Beauty Salon	Two (2) spaces per customer service chair
Billiard or Pool Hall	One (1) space per four (4) persons at maximum occupancy
Boarding House	One (1) space per rented bedroom, plus the spaces required for the residence
Boat Sales/Rental/Repair	Two (2) spaces per 1,000 s.f. of floor area, plus one (1) space per service bay

Body Piercing	One (1) space per 200 s.f. of floor area
Book/Magazine/Newspaper sales	Three (3) spaces per 1,000 s.f. of floor area
Building Material Sales	Five (5) spaces per 1,000 s.f. of floor area
Business Services not Otherwise Listed	Three (3) spaces for every 1,000 s.f. of floor area up to 20,000 s.f.; plus two (2) spaces per 1,000 s.f. of floor area greater than 20,000 s.f.
Caretaker’s Residence	Two (2) spaces for the residence
Charitable, Fraternal or Social Organization	One (1) space per four (4) persons at maximum occupancy
Child Day Camp	One (1) space per five (5) children at maximum capacity
Child Day Care Center	One (1) space per five (5) children at maximum capacity
Child Day Care Home, Type A	Two (2) spaces plus the spaces required for the residence
Churches or Similar Places of Worship	One (1) space per four (4) fixed seats, one (1) space per sixty (60) s.f. of assembly area where no fixed seats are used
Club or Lodge	One (1) space per four (4) persons at maximum occupancy
College or University	One (1) space per five (5) students
Community Alternative Home	Three (3) spaces
Community Center	Three (3) spaces per 1,000 s.f. of floor area
Conference Center	One (1) space per four (4) persons at maximum occupancy
Convenience Store	Three (3) spaces per 1,000 s.f. of floor area
Convent	One and one-half (1.5) spaces per bedroom
Country Club	One (1) space per five (5) persons at maximum occupancy
Cybercafe	One (1) space per person at maximum occupancy
Dance or Social Club	One (1) space per four (4) persons at maximum occupancy

Dance or Gymnastics Studio	One (1) space per five (5) students at maximum capacity
Day Spa	Two (2) spaces per customer service chair, plus two (2) spaces per 1,000 s.f. of floor area
Department Store	Three (3) spaces per 1,000 s.f. of floor area
Distribution Center	One (1) space per vehicle used in operation
Dormitories	One and one-half (1.5) spaces per sleeping room
Driving Range, Golf	One (1) space per 1.5 tees
Drug Store	Two and one-half (2.5) spaces per 1,000 s.f. of floor area
Dry Cleaning and Laundry Service	Three (3) spaces
Electrical Repair/Supply Sales	Two (2) spaces per 1,000 s.f. of floor area
Emergency Shelter	One-half (0.5) space per ten (10) beds
Equipment Sales/Rental	Three (3) spaces per 1,000 s.f. of floor area
Farm Supply Store	Three (3) spaces per 1,000 s.f. of indoor floor area, plus one (1) space per 2,500 s.f. of outdoor sales/display area
Farmers Market	One (1) space per 100 s.f. of floor area
Financial Services	Four (4) spaces per 1,000 s.f. of floor area, plus minimum stacking space for ATM kiosk or window
Flea Market	One (1) space per 100 s.f. of floor area
Florist or Plant Shop	Four (4) spaces per 1,000 s.f. of floor area
Funeral Home	One (1) space per four (4) persons at maximum occupancy
Furniture Sales/Rental	One and one-half (1.5) spaces per 1,000 s.f. of floor area
Fortune Tellers, Psychics and Astrologers	One (1) space per 200 s.f. of floor area
Fraternity House	Two (2) spaces per sleeping room
Garden Center or Garden Supply Store	Two and one-half (2.5) spaces per 1,000 s.f. of enclosed sales floor area

Gas Station Mini-mart	Three (3) spaces per 1,000 s.f. of floor area, plus one and one-half (1.5) spaces per fuel nozzle, plus minimum stacking space per fuel nozzle
Gasoline Service Station	Three (3) spaces per 1,000 s.f. of floor area, plus one and one-half (1.5) spaces per fuel nozzle, one (1) space per service bay and minimum stacking space per fuel nozzle
Golf Course	Two (2) spaces per golf hole
Golf Course, Miniature	Two (2) spaces per golf hole
Greenhouse, Commercial	One (1) space per 125 s.f. of enclosed sales floor area
Grocery Store	Four and one-half (4.5) spaces per 1,000 s.f. of floor area
Group Home for Children	One (1) space per four (4) residents at maximum capacity
Gun Shop	Three (3) spaces per 1,000 s.f. of floor area
Halfway House	One (1) space per four (4) beds
Hardware Store	Two (2) spaces per 1,000 s.f. of floor area
Health/Sports Club	Five (5) spaces per 1,000 s.f. of floor area
Heavy Machinery Sales	Two (2) spaces per 1,000 s.f. of floor area
Heliport or Helipad	Three (3) spaces
Hobby or Craft Shop	Four (4) spaces per 1,000 s.f. of floor area
Home for the Aging	One (1) space per four (4) residents at maximum capacity
Home Improvement Center	One (1) space per 250 s.f. of floor area
Hospital	One (1) space per four (4) patients at maximum capacity
Hotel or Motel	One (1) space per rental room or suite, plus required parking for conference and/or restaurant facilities if applicable
Hypermarket	Three (3) spaces per 1,000 s.f. of floor area
Industrial Equipment Repair	Two (2) spaces per 1,000 s.f. of floor area open to the public
Industrial Supply Sales	One (1) space per 250 s.f. of floor area

Industry, Heavy Not Otherwise Specified	One (1) space per vehicle used in the operation, plus five (5) customer/visitor spaces
Industry, Light Not Otherwise Specified	One space per vehicle used in the operation, plus (5) customer/visitor spaces
Instructional Studio	Three (3) spaces per 1,000 s.f. of floor area
Karate Studio	Three (3) spaces per 1,000 s.f. of floor area
Kennel	Three (3) spaces per 1,000 s.f. of floor area
Laboratory	Four (4) spaces per 1,000 s.f. of floor area up to 20,000 s.f., plus two (2) spaces per 1,000 s.f. of floor area greater than 20,000 s.f.
Laundromat	Five (5) spaces per 1,000 s.f. of floor area
Library	One (1) space per four (4) seats
Manufactured Home Sales	Four (4) spaces per 1,000 s.f. of floor area
Medical Office or Clinic	One and one-half (1.5) spaces per exam room
Motorcycle, Snowmobile or All- Purpose Vehicle Sales/Rental/Repair	One and one-half (1.5) spaces per 1,000 s.f. of floor area
Monastery	One and one-half (1.5) spaces per bedroom
Music Studio	One (1) space per 250 s.f. of floor area
Nail Salon	One (1) space per 200 s.f. of floor area
Newsstand	Three (3) spaces
Nursery	One (1) space per 400 s.f. of floor area
Nursing Home	One (1) space per four (4) beds
Offices or Office Building	Three (3) spaces per 1,000 s.f. of floor area up to 20,000 s.f. plus two (2) spaces per 1,000 s.f. of floor area greater than 20,000 s.f.
Office Supplies and Equipment	Two and one-half (2.5) spaces per 1,000 s.f. of floor area
Oil Change Facility	Three (3) spaces per 1,000 s.f. of floor area, plus one (1) space per service bay
Parcel Delivery	One (1) space per delivery vehicle plus five (5) customer spaces

Park and Recreational Services	One (1) space per 1,000 s.f of indoor area and five (5) spaces per acre of outdoor area
Parsonage	Two (2) spaces
Passenger Station, Railroad or Bus	One (1) space per 4 persons at maximum occupancy
Pawnshop	One (1) space per 250 s.f. of floor area
Personal Services Not Otherwise Specified	One (1) space per 250 s.f. of floor area
Pet Grooming	Three (3) spaces per 1,000 s.f. of floor area
Pet Supply Shop or Pet Shop	Three (3) spaces per 1,000 s.f. of floor area
Photocopying Shop	Three (3) spaces per 1,000 s.f. of floor area
Photography Studio	Three (3) spaces per 1,000 s.f. of floor area
Photo Shop	Three (3) spaces per 1,000 s.f. of floor area
Physical Therapy	Three (3) spaces per 1,000 s.f. of floor area
Printing/Publishing, Commercial	One space per 100 s.f of floor area plus space to accommodate loading and unloading of trucks
Professional Services Not Otherwise Specified	Three (3) spaces per 1,000 s.f. of floor area
Putting Course, Golf	Two (2) spaces per golf hole
Radio or Television Station	Five (5) spaces for customers/visitors
Recording or Sound Studio	Five (5) spaces for customers/visitors
Recreational Facility, Commercial Indoor	One (1) space per 300 s.f. of floor area
Recreational Facility, Commercial Outdoor	Five (5) spaces per acre of outdoor area
Recreational Vehicle Sales/Rental/Repair	One and one-half (1.5) spaces per 1,000 s.f. of floor area; plus one (1) space per 2,500 s.f. of outside sales/rental area; plus two (2) spaces per service bay
Recyclable Collection Center	Two (2) spaces
Research and Development Center	Three (3) spaces for every 1,000 s.f. of floor area up to 20,000 s.f.; plus one (1) space per 1,000 s.f. of floor area greater than 20,000 s.f.
Residential Care Facility	One (1) space per four (4) residents at maximum capacity

Residential Treatment Center	One (1) space per four (4) clients/residents at maximum capacity
Restaurant	One (1) space per three (3) seats
Restaurant, Fast Food	One (1) space per four (4) seats, plus minimum stacking space per window
Retail Establishment Not Otherwise Specified	Three (3) spaces per 1,000 s.f. of floor area
Rooming House	Two (2) spaces per sleeping room
Schools
Pre-School/Kindergarten	One (1) space per classroom
Elementary/Middle	One (1) space per classroom
High/Technical/Trade/Vocational	One (1) space per five (5) students
College or University	One (1) space per five (5) students
Servants Quarters	Two (2) spaces in addition to those spaces required for the principal use
Shopping Center, Neighborhood	One (1) space per 200 s.f. of floor area
Shopping Center, Community	One (1) space per 250 s.f. of floor area
Shopping Center, Regional	One (1) space per 300 s.f. of floor area
Small Engine Repair	Two (2) spaces per 1,000 s.f. of floor area
Snack Bar/Snack Shop	One (1) space per three (3) seats
Sorority House	Two (2) spaces per sleeping room
Sporting Goods Store	Three (3) spaces per 1,000 s.f. of floor area
Tanning Studio	One (1) space per 200 s.f. of floor area
Tattoo Establishment	One (1) space per 200 s.f. of floor area
Telecommunications Facility	One (1) space for maintenance vehicles
Theater, Motion Picture	One (1) space per four (4) seats
Theater, Stage	One (1) space per four (4) seats
Thrift Store	Three (3) spaces per 1,000 s.f. of floor area
Transient Amusement Enterprise	Five (5) spaces per 1,000 s.f. of floor area; plus one (1) space per three (3) persons that outdoor facilities are designed for at maximum capacity

Truck Terminal	One (1) space per truck
Upholstery/Interior Decorator Service	One (1) space per 300 s.f. of floor area
Used Merchandise Sales	One (1) space per 500 s.f. of floor area
Utility Service Facility	One (1) space for maintenance vehicles
Veterinary Clinic	Four (4) spaces per veterinarian
Video Arcade	One (1) space per four (4) persons at maximum capacity
Warehouse	One (1) space per truck
Waste Transfer Facility	Three (3) spaces plus space to accommodate loading and unloading of trucks
Wedding Chapel	One (1) space per two (2) seats based on maximum capacity
Wholesale Establishment	Three (3) spaces per 1,000 s.f, of floor area open to the public
Wrecker Service	One (1) space per vehicle used in operation

(i) Parking for Historic Structures and in Historic Districts. In order to protect the integrity of historic structures and districts, parking accessory to establishments which are: (1) listed individually or by district on the National Register of Historic Places; or (2) listed individually or by district on the local register of historic places; shall not be required to strictly adhere to the parking requirements of this section. The Historic Landmarks Commission may authorize alternative parking arrangements such as tandem or stacked parking, off-site parking, joint parking, credit for available on-street parking, or a waiver of parking regulations where strict compliance with off-street parking requirements would adversely impact the historic character of the structure or district.

(j) Educational Institutions. Where a college, university or other educational institution provides dormitory, fraternity or sorority, faculty, employee or other residence accommodations, such accommodations are under the direct ownership and control of such college, university or institution, and such accommodations are contiguous to other facilities such as libraries, lecture halls, laboratories, similar educational areas or dining facilities normally used by residents of such accommodations, then the number of parking spaces required for the dormitory, fraternity or sorority, faculty, employee or other residence accommodations may be deducted from the number of parking spaces needed to satisfy the requirements for other facilities such as libraries, lecture halls, laboratories, similar educational areas or dining facilities. In order to qualify for such deduction, the college, university or other educational institution must have a master plan for the future development of facilities which includes a parking plan and such plan must be approved by the board of directors or other entity which governs the operation of the institution. (Ord. 2016-11. Passed 4-12-16.)

1185.30 OUTDOOR FURNACES.

Outdoor furnaces shall comply with the following requirements:

(a) Location. Outdoor furnaces shall be installed and used only on parcels greater than one (1) acre in size. Outdoor furnaces shall be located at least two hundred fifty (250) feet from the nearest residential, commercial, industrial or public/semi-public building not located on the same lot or site as the furnace. Such outdoor furnaces shall be considered accessory structures or uses and shall also comply with the requirements of Section 1185.01. If there is a residence on the same lot or site as the outdoor furnace which is within two hundred fifty (250) feet of the furnace, then the furnace must have an attached permanent stack extending higher than the highest roof line of the residence.

(b) Fuel. Only clean wood, corn, pellets or bio-fuel shall be used in an outdoor furnace. No rubbish, garbage, food wastes, food wraps, packaging materials, animal carcasses, paint or painted materials, varnish or varnished materials, furniture, shingles, construction or demolition debris, waste oil, asphalt or products containing asphalt, treated lumber or composite wood products, plastic materials, nylon, PVC, ABS, polystyrene or urethane, synthetic fabrics, plastic films or plastic containers, tar or products containing tar, and rubber including tires and synthetic rubber-like products shall be burned shall be burned in an outdoor furnace unless specific written approval has been obtained in advance from the Fire Chief.

(c) Hazards. When the Fire Department or Health Department determines that an outdoor furnace has become a health or safety hazard, or a public nuisance, such department may order the cessation of operations of the furnace either on a temporary or permanent basis.

(d) Use. Outdoor furnaces shall not be the only or primary heat source for a building or structure and may only be used to provide supplemental heating assistance. Outdoor furnaces shall be used only from September 15th through May 15th of each year unless specific written approval has been obtained in advance from the Fire Chief to use the furnace at other times.

(Ord. 2016-11. Passed 4-12-16.)

1185.31 OUTDOOR LIGHTING.

Inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits residents' ability to enjoy the nighttime sky, and results in unnecessary use of electric power. Conversely, it is recognized that some outdoor lighting is appropriate and necessary for safety purposes. To ensure appropriate lighting while minimizing its undesirable side effects, the following regulations are established.

(a) General Provisions and Standards.

(1) Lighting shall be required for all off-street parking areas, loading and unloading areas, and access drives serving multi-family residential, commercial, industrial and public or semi-public uses where the Zoning Administrator, using reasonable discretion, determines such lighting is necessary.

(2) All exterior lighting including illuminated signs shall be designed, located, installed and directed in such a manner as to prevent glare from encroaching onto adjoining properties or public rights-of-way.

(3) Uplighting of any architectural feature of a building or a sign is permitted, but such lighting shall consist only of low wattage fixtures (designed for bulbs not exceeding 75 watts) trained directly onto the surface intended to be illuminated. Internally lit signs are acceptable in certain zoning districts provided they meet the requirements of this Zoning Code.

(4) When outdoor lighting installation or replacement is a part of a development proposal for which an application for certificate of zoning approval and plot plan submission is required, submission and approval of an Outdoor Lighting Plan shall be required as a part of the application for certificate of zoning approval.

(5) Sufficient information must be submitted on the plan to enable the Zoning Administrator to determine if the applicable provisions of this section are satisfied.

(6) When an existing outdoor lighting installation is being replaced, modified, extended, expanded or added to, the entire outdoor lighting installation shall be subject to the requirements of this section and an Outdoor Lighting Plan must be submitted along with an application for certificate of zoning approval.

(7) When practicable, electrical service to outdoor lighting fixtures shall be underground.

(8) Temporary holiday lights during the months of November, December and January shall be exempt from the provisions of this section, provided that such lighting does not create dangerous glare on adjacent streets or properties.

(b) Installation and Maintenance.

(1) Electrical feeds to lighting standards shall be run underground, not overhead.

(2) Lighting fixtures shall be maintained by the property owner so as to always meet the requirements of this section.

(1) Street lighting and lighting activated by motion sensors.

(2) Lighting for temporary circus, fair, carnival or civic uses.

(3) Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

(d) After receipt of an Outdoor Lighting Plan, it shall be reviewed by the Zoning Administrator. The Outdoor Lighting Plan shall be approved when it complies with all City regulations. The Zoning Administrator shall not issue zoning approval until an Outdoor Lighting Plan is approved.

(Ord. 2016-11. Passed 4-12-16.)

1185.32 PORCHES, DECKS AND PATIOS.

(a) Uncovered and unenclosed porches, decks and patios may be located in a required front, rear or side yard where set back at least three (3) feet from a property line provided, if located closer than ten (10) feet to any property line, they shall be screened from adjacent residences as defined in this Zoning Code.

(b) Covered porches, decks and patios, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into a required yard. In the case of corner lots, such covered porches, decks and patios shall not extend into the required yard abutting the side street. (Ord. 2016-11. Passed 4-12-16.)

1185.33 PORTABLE STORAGE UNITS.

(a) Portable storage units shall be permitted in residential zoning districts on lots containing dwelling units subject to the following requirements:

(1) Portable storage units shall be permitted for a period not to exceed seven (7) consecutive days within a six (6) month period.

(2) Portable storage units shall not exceed a cumulative gross floor area of one hundred forty (140) square feet for each dwelling unit and shall not exceed a height of eight and one-half (8-1/2) feet and a length of sixteen and one-half (16-1/2) feet.

(b) Portable storage units shall be permitted in commercial, industrial or public/semi-public zoning districts only as accessory uses incidental to a permitted commercial, industrial or public/semi-public principal use.

(c) Portable storage units shall not be located in any required open space, landscaped area, on any street or sidewalk or in any utility easement, in any location that interferes with vehicular or pedestrian circulation, in any required off-street parking space, in any location that restricts safe ingress or egress of buildings, in any location that hinders access to fire hydrants or utility shut-off valves, or in any location that obstructs a clear sight triangle or clear sight distance. Portable storage units shall not be located in street right-of-way unless no location on a lot is feasible.

(d) The use of portable storage units shall require the issuance of a temporary permit by the Zoning Administrator for each portable storage unit placed on the premises. The fee for such temporary permit shall be twenty-five dollars ($25.00) per portable storage unit. If in the case of commercial, industrial or public/semi-public uses, portable storage units remain on the premises for longer than six (6) months, such fee must be paid on a bi-annual basis.

(e) Portable storage units used on active construction sites for the storage of construction equipment or supplies in a manner similar to the way construction trailers would be used, must comply with the requirements for construction trailers in Section 1185.47 in addition to the requirements of this section.

(f) Establishments involved in the sale or rental of portable storage units as a principal use shall be exempt from the requirements of this section but must comply with all other applicable zoning requirements. (Ord. 2016-11. Passed 4-12-16.)

1185.34 PROHIBITED USES.

The following uses shall be prohibited within any zoning district in the City:

(a) Salvage yards, junk yards or scrap yards and automobile or truck wrecking; dismantling or storage of disabled vehicles.

(b) Clay products manufacture using coal-fired kilns.

(d) Commercial feeding establishments for cattle, fowl or hogs.

(e) Fertilizer manufacture, warehousing or wholesale distribution, either organic or nonorganic, but not limiting the treatment of sewage by the City.

(f) Pesticides manufacture, warehousing or wholesale distribution, including insecticides, fungicides and rodenticides.

(g) Explosives, including ammunition and fireworks manufacture, warehousing or wholesale distribution.

(h) Sawmills, lumber mills and pulp or fiber reduction or processing.

(i) Stockyards or the commercial slaughtering of cattle, fowl or hogs.

(j) Manufacture/Production of liquefied petroleum gas (LPG).

(k) Rendering of animals or animal waste.

(l) Solid waste disposal facilities.

(m) Activities primarily involving the manufacture, processing, storage, disposal or use of radioactive substances, or hazardous or toxic waste materials as a principal use.

(n) Manufactured home parks.

(o) Recreational vehicle parks.

(p) Surface mining activities, including sand pits, gravel pits, peat bogs, removal of topsoil or rock or the removal of any natural resource or mineral from the land or ground, except where preparatory to the subdivision or development of land, for which a plot plan or preliminary subdivision plat has been approved by the City.

(q) Extraction of oil and/or natural gas from the land or ground.

(Ord. 2016-11. Passed 4-12-16.)

1185.35 PROJECTIONS INTO REQUIRED YARDS.

Projections into required yards shall comply with the following standards:

(a) Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding eighteen (18) inches.

(b) Bay windows, balconies, chimneys, fireplaces, uncovered stairways or stoops and necessary landings may project a distance not exceeding three (3) feet.

(Ord. 2016-11. Passed 4-12-16.)

1185.36 RECYCLABLE COLLECTION CENTERS.

All recyclable collection centers shall comply with the following requirements:

(a) All materials must be kept inside an enclosed building or structure and in appropriate containers, with sanitation measures and frequent emptying to prevent attraction of insects or rodents and avoid fire hazards.

(b) Adequate provisions must be made for the loading, unloading and movement of trucks and for off-street parking.

(c) A fifteen (15) foot buffer zone with screening shall be provided between this use and any abutting residential use or zoning district.

(d) Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage or refuse shall be stored as a part of this use, except for garbage or refuse generated on-site or accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on-site.

(e) This use shall include only the following operations: collecting, sorting, bailing, loading, weighing, routine cleaning and closely similar work. No burning or melting or mechanical shredding of metal or land filling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard and shredding of newspaper.

(f) The use shall not include the collection or processing of pieces of metal that have a weight greater than fifty (50) pounds.

(Ord. 2016-11. Passed 4-12-16.)

1185.37 REFUSE COLLECTION.

All occupied buildings must have refuse collection services arranged in accordance with City ordinances, policies and procedures. The placement of temporary dumpsters or roll-off containers for construction or demolition debris, or for other purposes, either on private property or in street right-of-way must comply with City ordinances, policies and procedures. Dumpsters in any residential, commercial or industrial district except the "B-1" district, and located outside of a building must be provided with dumpster enclosures for the purpose of screening dumpsters and related refuse from view. (Ord. 2016-11. Passed 4-12-16.)

1185.38 RESIDENTIAL HOME FACILITIES.

Residential home facilities as defined herein shall be subject to the following standards:

(a) All buildings or structures shall comply with the City Building Code, applicable health and safety code regulations, and off-street parking requirements.

(b) Where a proposed residential home facility abuts a lot containing a single-family detached dwelling, single-family semi-detached dwelling, or two-family detached dwelling, screening shall be provided by the property owner as defined in this Zoning Code alongside and rear lot lines. Screening alongside lot lines shall begin at the front building line, and continue to and along the rear lot line. Such screening may be broken only at points of pedestrian or vehicular access, in which case a suitable gate must be provided.

(c) The owner(s) of residential home facilities regulated by federal or state agencies shall prior to occupancy and continuously thereafter, display licenses or certificates obtained from said agencies upon the premises, and provide a copy of same to the Zoning Administrator and the Health Department.

(d) In order to promote the benefits of normal residential surroundings for the residents of residential home facilities, in order to promote the goal of deinstitutionalization and to foster integration of said residents into the mainstream of society, and in order to avoid the excessive concentration of residential home facilities that could prevent the attainment of the above goals, no residential home facility shall be located within a radius of 1,250 feet of any other residential home facility. Any residential home facility in existence prior to the effective date of this section and not in compliance with this section shall be a nonconforming use subject to the provisions of Chapter 1187.

(e) The Planning and Zoning Commission and City Council may, in accordance with the conditional use procedures described in Chapter 1191, authorize residential home facilities to locate closer than 1,250 feet of another residential home facility upon finding that:

(1) The future residents of said facility will benefit from normal residential surroundings; and

(2) The placement closer than 1,250 feet of another residential home facility does not hinder the goal of deinstitutionalization; and

(3) The placement of the residential home facility furthers the goal of integrating the future residents Into the mainstream of society; and

(4) A hardship exists in that there are no sites elsewhere in the City for a residential home facility that meet the 1,250 feet spacing requirement.

(Ord. 2016-11. Passed 4-12-16.)

1185.39 SHOPPING CENTERS.

Compliance with the following standards in addition to the applicable requirements contained elsewhere in this Zoning Code shall be required for all shopping centers.

(a) General Standards for all Shopping Centers.

(1) Access. Points of vehicular ingress and egress shall be provided in accordance with the provisions of section 1185.13 of this chapter.

(2) Management. Shopping centers shall be under single unified management and control which shall clearly establish centralized responsibility for the operation and maintenance of the project including all common areas.

(3) Signs. There shall be only one (1) free-standing sign per each street frontage which shall be designed and used for the purpose of announcing the shopping center itself in compliance with the applicable provisions of this chapter.

(4) Parking. Off-street parking shall comply with the requirements of section 1185.27 of this chapter

(5) Circulation. Traffic circulation within a shopping center project shall be designed to minimize pedestrian and vehicular mixing and congestion in accordance with the applicable provisions of this chapter. Traffic circulation shall be provided along the outer perimeters of the parking area, along store entrances and along the rear of building/structures for all community and regional shopping centers in the "B-2", B-2A" and "B-3" commercial districts.

(b) Standards for Neighborhood Shopping Centers. In addition to those requirements contained elsewhere in this Zoning Code, the following standards shall apply:

(1) Where Permitted. Neighborhood shopping centers shall be permitted in the "B-2", "B-2A" and "B-5" commercial districts.

(2) Access. All neighborhood shopping centers shall have direct access to at least a collector street.

(3) Lot Area. The minimum area of any site in the "B-2A" and "B-5" Districts shall be four (4) contiguous acres. No minimum site area shall apply in the "B-2" and "B-5" Districts.

(4) Floor Area. The total gross floor area shall not exceed fifty thousand (50,000) square feet.

(5) Number of Stores. Not more than five (5) individual stores, shops or offices shall be permitted in the shopping center project.

(c) Standards for Community Shopping Centers. In addition to those requirements contained elsewhere in this Zoning Code, the following standards shall apply:

(1) Where Permitted. Community shopping centers shall be permitted in the "B-2" and "B-2A" commercial districts.

(2) Access. All community shopping centers shall have direct access to at least an arterial street.

(3) Lot Area. The minimum area of any site in the "B-2A" District shall be twenty (20) contiguous acres. No minimum site area shall apply in the "B-2" District.

(4) Floor Area. The total gross floor area shall not exceed two hundred fifty thousand (250,000) square feet.

(5) Number of Stores. Not more than twenty (20) individual stores, shops or offices shall be permitted in the shopping center project site. All stores, shops or offices are not necessarily required to be contained on a single lot or within a single building.

(d) Standards for Regional Shopping Centers. In addition to those requirements contained elsewhere in this Zoning Code, the following standards shall apply:

(1) Where Permitted. Regional shopping centers shall be permitted in the "B-3" Regional Commercial District.

(2) Access. All regional shopping centers shall have direct access to at least an arterial street.

(3) Lot Area. The minimum area of any site shall be forty (40) contiguous acres which may consist of a single tract under common ownership, or adjacent tracts under separate ownership with an aggregate area of at least forty (40) acres.

(4) Floor Area. The total aggregate gross floor area shall be greater than two hundred fifty thousand (250,000) square feet.

(5) Number of Stores. More than twenty (20) individual stores, shops or offices shall be required in the shopping center project site. All stores, shops or offices are not necessarily required to be contained on a single lot or within a single building, however regional shopping centers shall be planned and constructed with maximum consideration given to the relationship of buildings to common areas, parking areas, pedestrian and vehicular access, and other commercial buildings on the site.

(Ord. 2016-11. Passed 4-12-16.)

1185.40 SIGNS.

All signs hereinafter erected, used or maintained, except official, traffic and street signs, shall conform to the provisions of this section.

(a) Signs Permitted in All Districts. The following non-business and non-advertising signs are permitted in all zoning districts without the necessity of securing a building permit for such sign.

(1) One (1) nameplate sign identifying the owner or occupant of a building or dwelling unit, provided the surface area does not exceed two (2) square feet and no such sign shall be erected within two (2) feet of a street right-of- way line.

(2) One (1) sign identifying a permitted home occupation, provided the surface area does not exceed two (2) square feet and no such sign shall be erected within two (2) feet of a street right-of-way line.

(3) One (1) sign indicating the private nature of a driveway or trespassing sign, provided the surface area does not exceed two (2) square feet and no such sign shall be erected within two (2) feet of the street right-of-way line.

(4) One (1) identification sign, not to exceed thirty-two (32) square feet in surface area, for schools, churches, colleges and universities, hospitals, libraries, nursing homes, country clubs and golf courses, community or recreation centers, and other institutions of a similar public or semi-public nature. Such sign shall be solely for the purpose of displaying the name of the institution or association and its activities or services. In addition, a bulletin board may be permitted, provided the total of thirty-two (32) square feet is not exceeded by both the bulletin board and the identification sign.

(5) One (1) sign for multi-family dwellings or apartments, not to exceed eighteen (18) square feet in surface area and no more than twelve (12) feet nor less than two (2) feet above the ground.

(6) Political signs placed out of public right of way only in accordance with the requirements of this section.

(b) General Sign Requirements. All signs shall comply with the following provisions:

(1) Signs permitted in the "R-4" District shall comply with the requirements of subsection 1185.38(b)(2) below and the requirements and design guidelines approved by the Steubenville Historic Landmarks Commission. Where there is a difference between Historic Landmarks Commission requirements and these standards, the more restrictive provisions shall govern.

(2) Signs Permitted in the "B-1", "B-2", "B-2A", "B-3", "B-4" and "B-5" Commercial Districts; the "I-1", "I-1A", "I-2" and "I-3" Industrial Districts; the "C-2" River Conservation District; and the "P", Public and Semi-Public District. shall be subject to the following requirements:

A. The total surface area of all business signs on a lot shall not exceed the sum of five (5) square feet for each lineal foot of street frontage of the lot. In cases where there is no street frontage for a business site, then the total surface area of all business signs shall not exceed five (5) square feet for each lineal foot of building access road frontage. In cases where a business does not have street or access road frontage, then the total surface area of all business signs shall not exceed five (5) square feet for each lineal foot of frontage of the building face, for a maximum of two (2) sides of the building.

(1) Wall signs. One (1) wall sign shall be permitted for each business frontage which shall not exceed one hundred (100) square feet in size. No wall sign shall project above the roof or parapet line more than three (3) feet, nor extend more than eighteen (18) inches from the wall to which attached into any required yard. No wall sign shall be attached to or obstruct any window, door, stairway or other opening intended for ingress or egress or for needed ventilation or light.

(2) Free-standing signs. One (1) free-standing sign, including monument, pylon, pole and ground signs, shall be permitted for each business occupancy, excluding those located in a neighborhood, community or regional shopping center project. One (1) free-standing sign shall be permitted for each street frontage for neighborhood, community and regional shopping centers in accordance with this Zoning Code, designed for the purpose of announcing the shopping center itself. Such free- standing shopping center sign area shall be counted in computing total allowable business sign area for the lot or site. Such signs shall not exceed one hundred fifty (150) square feet in surface area and must be set back at least fifteen (15) feet from the street right-of-way line. No part of any free-standing sign shall project beyond the property line. Free-standing signs shall not exceed the height of the principal building to which the sign is accessory, or forty (40) feet in height, whichever is lower. No part of any free-standing sign shall project beyond the property line.

(3) Canopy and marquee signs. Two (2) canopy or marquee signs shall be permitted for each business frontage. The permanently-affixed copy area of canopy or marquee signs shall not exceed an area equal to twenty-five percent (25%) of the face area of the canopy or marquee upon which such sign is affixed or applied. Graphic striping, patterns or color bands on the face of a canopy or marquee sign shall not be included in the computation of sign copy area.

(4) Projecting signs. One (1) projecting sign shall be permitted for each street frontage of a business occupancy, not projecting beyond a plane within eighteen (18) inches of the inner curb line or in the absence of a curb line, such other point as may be determined by the Zoning Administrator. No such sign shall extend vertically above the highest point of the building façade to which it is mounted. Such signs shall maintain a clear vertical distance above any sidewalk or walkway a minimum of seven (7) feet six (6) inches.

(5) Roof signs. Roof signs are permitted in commercial and industrial zoning districts only, but no sign erected upon the roof of a building shall extend higher than twenty-five (25) feet above the roof at the point of mounting and a clearance of at least four (4) feet shall be maintained between the bottom edge of the sign and the roof level, and no sign shall exceed six hundred seventy-two (672) square feet in area.

(6) Window signs. The aggregate area of window signs shall not exceed twenty-five percent (25%) of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area. Window signs shall not be assessed against the sign area permitted for other sign types.

(7) Electronic Message Display Signs. Electronic message display signs shall be permitted in commercial, industrial and public and semi-public zoning districts in compliance with the following standards:

A. Displays shall contain static messages only, changed only through fade or dissolve transitions.

B. Each message on the sign must be displayed for a minimum interval of eight (8) seconds.

C. Electronic message display signs constructed as business signs, and displaying a message indicating other than time of day, temperature or weather, shall direct attention only to business activities of the sign owner or business occupant, business activities taking place on the premises where the sign is located, political signs and/or public service announcements.

D. Only one (1) electronic message display sign per site shall be permitted and in the event a site has more than one business occupant, the owner of the site shall determine how the sign area is to be allocated to the occupants.

E. Electronic message display signs may be constructed as wall, free-standing, marquee or canopy signs and shall be subject to all height, size, setback and other requirements.

F. Electronic message display signs shall not include scrolling, streaming, traveling, animated or flashing words, symbols, figures or images.

(8) Advertising signs or billboards. Not more than one (1) advertising sign or billboard shall be permitted for every five hundred (500) feet of street frontage. No such sign shall exceed a length of twenty-five (25) feet or a surface area of five hundred (500) square feet. Such signs must be set back at least twenty-five (25) feet from the street right-of-way line. No advertising sign or billboard shall be erected within fifty (50) feet of a residential zoning district.

(9) Directional signs. No more than two (2) directional signs shall be permitted per street entrance to any lot or site. There shall be no limit to the number of directional signs providing directional information within the interior of a lot or site. No directional sign shall at a street entrance shall exceed two (2) square feet in area. Not more than twenty-five (25) percent of the area of any directional sign shall be permitted to be devoted to business identification or logo, which area shall not be assessed against the sign area permitted for other sign types. One (1) sign per street entrance shall be permitted describing the conditions of use or identity of a parking lot or facility shall be permitted not exceeding nine (9) square feet in size.

(10) Temporary signs. All temporary signs shall comply with the following requirements:

A. Real estate signs. One (1) sign for each street frontage of a lot or site and pertaining to the lease or sale of the building or property on which the sign is erected shall be permitted, provided it does not exceed nine (9) square feet in surface area, is set back at least fifteen (15) feet from the curb or street line, and is no more than twelve (12) feet nor less than two (2) feet above the ground.

B. Development or construction signs. One (1) sign for each lot or site identifying contractors or developers engaged in the construction or remodeling of a building or site shall be permitted, provided it does not exceed twelve (12) square feet in surface area, is set back at least fifteen (15) feet from the street line, is no more than twelve (12) feet nor less than two (2) feet above the ground, and is removed within thirty (30) days following completion of work. One (1) sign for each street frontage identifying a future proposed

development project shall be permitted, provided it does not exceed thirty two (32) square feet in surface area, is set back at least fifteen (15) feet from the street line, is no more than twelve (12) feet nor less than two (2) feet above the ground, and is removed following completion of the development project.

C. Special promotion, event and grand opening signs. One (1) sign temporarily displayed to advertise special promotions, events and grand openings shall be permitted for each street frontage. Such signs shall be displayed for not more than thirty (30) consecutive days in any three (3) month period, and not more than sixty (60) consecutive days in any calendar year. Such signs shall be erected no sooner than five (5) days prior to the event or grand opening and shall be removed not more than one (1) day after the event or grand opening.

D. Portable signs. Portable signs shall be permitted in commercial, industrial and public and semi-public zoning districts only as temporary signs. Only one (1) portable sign shall be permitted on each lot or site and such sign shall not be displayed for more than thirty (30) days in any calendar year.

E. Political signs. Political signs shall not be placed in any public right of way and shall not obstruct traffic visibility. Such signs shall be placed no sooner than sixty (60) days prior to the election and removed within ten (10) days after the election. Political signs placed in a residential zoning district shall not exceed eight (8) square feet in size and political signs placed in a commercial, industrial or other zoning district shall not exceed thirty-six (36) square feet in size. The owner of the property where the political signs are placed shall be responsible for their removal.

(11) Menu Boards. Menu board signs shall not be permitted to exceed fifty (50) square feet in size.

(d) Exempt Signs. The following signs are exempt from the provisions of this section:

(1) Official notices authorized by a court, governmental agency or public safety official.

(2) Directional, warning, street identification or informational signs authorized by federal, state or local governments.

(3) Memorial plaques and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.

(4) Flags and insignias of any governmental agency, school or civic, charitable, religious, fraternal or similar organization.

(5) Seasonal decorations within the appropriate public holiday season.

(6) Works of fine art displayed in conjunction with a business when the business does not receive direct financial gain from such display.

(7) Street address signs or combination nameplate and street address signs containing no other information or material which do not exceed two (2) square feet in size.

(e) Prohibited Signs. The following signs and locations are prohibited:

(1) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device; or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

(2) Signs attached to any utility pole, light standard, street tree or other public facility located on public lands or within public right-of-ways.

(3) Signs which flash, rotate, blink or are animated by lighting in any fashion that would have the appearance of traffic safety signs and lights, or emergency or municipal vehicle warnings from a distance.

(4) Portable signs except as allowed for temporary signs.

(5) Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except signs meeting the following conditions:

A. The primary purpose of such vehicle or trailer is not the display of signs.

B. The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

C. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

(6) Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.

(7) Signs which use a series of two (2) or more free-standing signs placed parallel to a street carrying a single advertising message, part of which is contained on each sign.

(8) Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this subsection, "temporarily" means no more than thirty (30) days in any calendar year.

(9) Signs which display or depict vulgar, obscene or sexually oriented or explicit words, phrases, symbols, figures or images.

(f) Other Sign Restrictions.

(1) Any sign within a designated "H" Historic District of the City must comply with the guidelines adopted by the Steubenville Historic Landmarks Commission before a building permit is issued. Where there is a difference between Historic Landmarks Commission requirements and these standards, the more restrictive provisions shall govern.

(2) Gooseneck and thin line reflectors and lighting shall be permitted for indirectly illuminated signs, provided such reflectors and lights do not extend more than six (6) feet beyond the sign structure to which they are attached and such illumination is directed upon the face of the sign to reduce the possibility of direct light rays or glare shining onto adjoining property or street rights-of-way.

(3) All signs and sign structures shall be properly maintained and kept in a clean and proper state of maintenance and appearance.

(4) Any sign now or hereafter existing which no longer advertises a bona fide business conducted, product sold, or activity or advertising campaign being conducted, shall be taken down or removed by the owner, agent or person having the beneficial use of the premises upon which such sign may be found within thirty (30) days after the use for which the sign was placed on the premises is terminated. Upon the failure of the person charged with the removal of such sign within thirty (30) days from the date of such order, and upon failure to comply with such notice within the time specified herein, the Zoning Administrator is hereby authorized to cause the removal of such sign, and any expenses incident thereto shall be paid by the owner or the person having the beneficial use of the premises upon which such sign is attached. In the event the owner fails to pay for such expenses, the Zoning Administrator is hereby authorized to cause a lien to be charged against the premises upon which the sign is located. The Zoning Administrator shall notify the Clerk of Council who shall certify to the Auditor of Jefferson County, Ohio the costs incurred together with a description of the premises and such cost shall become a lien against such real estate to be collected with other taxes and returned to the City.

(Ord. 2016-11. Passed 4-12-16.)

1185.41 SOIL ESOSION AND SEDIMENTATION CONTROL

Earth disturbance activities must comply with the soil erosion and sedimentation control regulations in the Building Code.

(Ord. 2016-11. Passed 4-12-16.)

1185.42 STORAGE OF WATERCRAFT, RECREATIONAL VEHICLES, ALL-PURPOSE VEHICLES AND TRAILERS.

(a) No watercraft, recreational vehicle or all-purpose vehicle shall be stored or occupied in any front yard or in any driveway or parking area (if such driveway or parking area is located in a front yard) in a residential zoning district between November 1st and April 30th. Such watercraft, recreational vehicle or all-purpose vehicle shall not occupy required off-street parking area.

(b) The storage of trailers which are used for storage, hauling or similar purposes and have not been specifically designed and manufactured for recreational use shall be prohibited in residential zoning districts.

(c) Where a building permit has been issued for the construction or alteration of a building or site, a temporary permit may be issued by the Zoning Administrator for construction and/or office trailers on the site for a period not to exceed six (6) months. Such permit may be extended for one (1) additional period of six (6) months if it can be shown that justifiable circumstances require an extension. Such construction or office trailers may be occupied only by workers at the site during the term of the temporary permit, and shall be situated on the site for which the building permit was issued provided all yard and setback requirements can be met. The fee for such temporary permit shall be twenty-five dollars ($25.00) per construction or office trailer for each period or period extended. The Zoning Administrator may deny approval of any application for a construction and/or office trailer permit if he determines it could create a nuisance, it restricts safe ingress or egress of buildings, it is in any location that hinders access to fire hydrants or utility shut-off valves, or in any location that obstructs a clear sight triangle or clear sight distance.

(d) The Zoning Administrator may impose such additional reasonable conditions or restrictions as he deems necessary on the storage of watercraft, recreational vehicles, all-purpose vehicles and trailers to mitigate potential adverse impacts on surrounding properties, and to protect public health, safety and welfare.

(Ord. 2016-11. Passed 4-12-16.)

1185.43 STORM WATER MANAGEMENT.

All construction and land development shall be designed to adequately control, collect and dispose of storm water drainage as provided for in the City's Storm Water Management Regulations. Storm Water Management Plans and accompanying documentation, where required, must be approved by the City Engineer prior to the issuance of zoning approval by the Zoning Administrator. (Ord. 2016-11. Passed 4-12-16.)

1185.44 STREETS AND SIDEWALKS.

(a) Construction, widening and/or repair of public streets, highways or alleys shall comply with the requirements of the Subdivision Regulations and the standards of the City Engineer.

(b) Whenever there are plans in existence for the widening of any street or highway within the City, the Zoning Administrator may require additional front yard setback for any new construction or for any structures altered or remodeled in order to preserve and protect rights-of-way for such proposed street or highway widening. Plans for the widening of a street or highway shall be considered to be in existence when engineering studies have been completed preparatory to the design and construction of the proposed project.

(c) On lots or sites where there are existing sidewalks and/or curbs, these sidewalks and/or curbs shall be maintained by the property owner(s) in accordance with the requirements of the Property Maintenance Code. Construction, installation, repair or replacement of sidewalks and/or curbs must comply with the requirements in the Building Code and any other applicable regulations.

(d) Construction, repair or replacement of driveway or access drive approaches or aprons must comply with the requirements of section 1185.13 and the standards of the City Engineer.

(e) The Zoning Administrator may require the construction/installation of sidewalks or walkways where determined necessary for the safety or convenience of pedestrians or where there are existing sidewalks in the vicinity.

(Ord. 2016-11. Passed 4-12-16.)

1185.45 STREET OR SIDEWALK VENDORS.

Sidewalk cafés, sidewalk sales and sidewalk vendor stands may be permitted provided they comply with all city requirements and the following standards:

(a) An application for a temporary sidewalk vender permit shall be submitted along with the related plot plan. The fee for such temporary permit shall be twenty-five dollars ($25.00) and such permit shall automatically expire one (1) year from the date of permit issuance.

(b) A minimum of thirty-six (36) inches of continuous clear and unobstructed space must be maintained on the sidewalk for use by pedestrians.

(c) Sidewalk cafés, sidewalk sales and sidewalk vendor stands shall not be located in any required off-street parking space, in any location that restricts safe ingress or egress of buildings, in any location that hinders access to fire hydrants or utility shut-off valves, or in any location that obstructs a clear sight triangle or clear sight distance. Review and approval by the City Engineer shall also be required.

(d) The Zoning Administrator may impose such additional reasonable conditions or restrictions as he deems necessary on sidewalk cafés, sidewalk sales and sidewalk vendor stands to mitigate potential adverse impacts on surrounding properties, and to protect public health, safety and welfare. The Zoning Administrator may also deny approval of any application for approval of a sidewalk café, sidewalk sale or sidewalk vendor stand if he determines it could create an unreasonable risk of injury to persons or property, create disturbances or nuisances, contribute to congestion or hazards related to vehicular or pedestrian traffic, or cause an unreasonable demand for additional City services unless significantly mitigated by the owner or applicant.

(Ord. 2016-11. Passed 4-12-16.)

1185.46 TIMBER HARVESTING.

Timber harvesting activities must comply with the City of Steubenville's timber harvesting regulations. (Ord. 2016-11. Passed 4-12-16.)

1185.47 TELECOMMUNICATIONS FACILITIES.

Telecommunications facilities shall comply with the following standards:

(a) Class I facilities:

(1) Permitted in any zoning district; and

(2) Maximum height shall not exceed sixty (60) feet above grade.

(b) Class II facilities:

(1) Permitted in any zoning district except R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, B-1, B-4, B-5 and C-1 districts; such facilities are however permitted in these zoning districts if a co-location of facilities and equipment on public facilities.

(2) Facilities and equipment shall be designed for co-location on an existing, permitted telecommunications tower, or attachment to an existing building, water tank, or other existing structure. Unless specifically being attached to an existing permitted telecommunications tower, these facilities must be designed utilizing alternative tower structure methods as defined in this Zoning Code.

(1) Permitted as a conditional uses in the I-2, I-3 and P districts.

(2) Reserved for new tower structures, with associated antennae and electronic equipment.

(3) Towers shall be designed in such a manner as to permit future co-location of other carrier's antennae, rather than construction of additional single-use towers.

(4) Minimal adverse visual impact of towers and telecommunications facilities shall be achieved through careful design, siting, landscaping and innovative camouflaging techniques.

(5) Security fencing shall be provided around the equipment shed. A clear zone shall be established at a distance equivalent to the tower height around the base within which no existing structures other than the equipment shed shall be permitted.

(6) Potential damage to property caused by towers and telecommunications facilities shall be avoided by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound.

(Ord. 2016-11. Passed 4-12-16.)

1185.48 TEMPORARY OR SEASONAL BUILDINGS AND USES.

Temporary and seasonal buildings or uses as defined in this Zoning Code must comply with the following requirements:

(a) An application for a certificate of zoning approval and accompanying plot plan shall be required for all temporary or seasonal buildings or uses.

(b) Temporary or seasonal buildings or uses must not be used for dwelling purposes and shall not be located in any required open space, landscaped area, on any street or sidewalk or in any public right-of-way or in any utility easement (without the approval of the City Engineer), in any location that interferes with vehicular or pedestrian circulation, in any required off-street parking space, in any location that restricts safe ingress or egress of buildings, in any location that hinders access to fire hydrants or utility shut-off valves, or in any location that obstructs a clear sight triangle or clear sight distance.

(1) Carnival or circus in commercial or public/semi-public zoning districts only for a period of not longer than twenty-one (21) days.

(2) Christmas tree sales in commercial zoning districts only for a period of not longer than thirty (30) days.

(3) Haunted houses in commercial or public/semi-public zoning districts only for a period of not longer than thirty (30) days.

(4) Temporary real estate offices in new subdivisions or developments only until the first dwelling or building, which shall be a model dwelling or building, can be constructed.

(5) Construction trailers or construction storage units only while active construction is taking place and for a period of not longer than six (6) months unless a longer period is approved by the Zoning Administrator.

(6) Model dwellings or buildings in new subdivisions or developments only until completion all other units in the subdivision or development.

(d) Seasonal or temporary uses shall not be permitted on any street or sidewalk or in any public right-of-way or in any utility easement unless approved by the City Engineer.

(e) Signs for temporary buildings or uses must comply with the sign requirements in Section 1185.38.

(f) The Zoning Administrator may impose such additional reasonable conditions or restrictions as he deems necessary on temporary or seasonal buildings or uses to mitigate potential adverse impacts on surrounding properties, and to protect public health, safety and welfare. These may include, but are not limited to, restricting hours of operation, the volume of music or sound, the intensity of lighting, and on or off-street parking. The Zoning Administrator may also deny approval of any application for a certificate of zoning approval for a temporary or seasonal building or use if he determines it could create an unreasonable risk of injury to persons or property, create disturbances or nuisances, contribute to congestion or hazards related to vehicular or pedestrian traffic, or cause an unreasonable demand for additional City services unless significantly mitigated by the owner or applicant.

(g) Activities or special events shall be exempt from the requirements of this section when they are held in buildings or facilities such as amphitheaters, arenas, stadiums, gymnasiums, parks, or similar facilities which are designed and intended to accommodate such special events.

(Ord. 2016-11. Passed 4-12-16.)

1185.49 TRAFFIC CIRCULATION.

(a) Traffic Studies.

(1) A Traffic Impact Study (TIS) shall be required for any proposed development or use which:

A. In the opinion of the City Engineer, will generate or has the potential to generate traffic volumes equal to or exceeding one hundred (100) vehicle trip ends (total of entering and exiting vehicles for the proposed development or use at full 20-year build out and occupancy) during the highest peak hour of the development or use; or

B. Has been identified by the City Engineer as being located in a safety problem area, high accident location area, or a congested traffic area.

(2) A Turn Lane Warrant Analysis may be required by a development or use generating less than one hundred (100) vehicle trip ends in the peak hour if the City Engineer determines such an analysis is necessary. For developments or uses that generate their peak hours predominantly on weekends, a weekend analysis may be required.

(3) All TIS and Turn Lane Warrant Analyses shall be completed in accordance with ODOT and AASHTO standards.

(4) When a TIS or Turn Lane Warrant Analysis is required, the TIS and Turn Lane Warrant Analysis shall be reviewed by the City Engineer who may stipulate reasonable conditions or restrictions on traffic circulation as deemed necessary for the safe and efficient flow of traffic and the protection of public health, safety and welfare. The Zoning Administrator shall not issue zoning approval until a TIS or Turn Lane Warrant Analysis is approved by the City Engineer.

(b) Traffic Circulation Plans.

(1) A Traffic Circulation Plan shall be required for any proposed multi-family residential, commercial, industrial or public/semi-public development or use. The Traffic Circulation Plan must be submitted with the application for zoning approval and may be shown on the submitted plot plan or may be a separate drawing.

(2) The following information must be shown on the Traffic Circulation Plan: existing and proposed street rights-of-way, cartways and curbs adjacent to and within two hundred (200) feet of the site; existing and proposed lighting, parking spaces, access aisles, landscaped islands, loading and unloading areas, driveways, sidewalks, wheel stops, curbs and other vehicular use controls; existing and proposed traffic controls, including signs, signals, devices, fire lanes, pavement markings and traffic calming facilities; existing and proposed drive through facilities including the stacking lane(s) for such facilities; and existing and proposed direction of traffic channelization and flow within parking areas, including ingress and egress of vehicular traffic between parking areas and abutting streets. In addition, estimated traffic generation data shall be required prepared pursuant to ODOT and AASHTO standards.

(3) Safe and convenient vehicular access must be provided for emergency and service vehicles.

(4) After receipt of a Traffic Circulation Plan, it shall be reviewed by the City Engineer who may stipulate reasonable conditions or restrictions on traffic circulation as deemed necessary for the safe and efficient flow of traffic and the protection of public health, safety and welfare. The Zoning Administrator shall not issue zoning approval until a Traffic Circulation Plan is approved by the City Engineer.

(Ord. 2016-11. Passed 4-12-16.)

1185.50 UTILITY EASEMENTS AND RIGHTS-OF-WAY.

(a) The construction of buildings or other obstructions, whether temporary or permanent, including the planting of trees or shrubs or the placement of fill material in utility easements shall be prohibited unless approved by the City Engineer.

(b) No obstructions whatsoever other than city-authorized street signs, street lights and traffic control devices shall be permitted in street or alley right-of-way unless approved by the City Engineer.

(c) The dedication of easements and rights-of-way to the City of Steubenville must comply with the requirements of the Subdivision Regulations and the standards of the City Engineer. (Ord. 2016-11. Passed 4-12-16.)

1185.51 VEHICLE OR EQUIPMENT SALES AND RENTAL.

(a) Establishments involved in the sale or rental of motor vehicles or the sale or rental of equipment shall comply with the following requirements:

(1) No junked motor vehicles, equipment or part thereof and no unlicensed or inoperable motor vehicles shall be permitted outside of a building.

(2) No motor vehicles or equipment for sale or rent shall be permitted in areas required by this Zoning Code to be used for off-street parking for employees or patrons or in required loading/unloading areas. Off-street parking space for patrons shall be equipped with a signage stating "Customer Parking Only".

(3) Screening as defined in this Zoning Code shall be required around side and rear lot lines, except on corner lots, where no screening will be required along the side street.

(4) A clear sight triangle must be maintained at all points of ingress or egress and at all street intersections and no obstructions shall be permitted within such area.

(Ord. 2016-11. Passed 4-12-16.)

1185.52 WATER AND SANITARY SEWER FACILITIES.

The planning, design and construction of public water and sanitary sewer facilities must comply with the requirements of the Subdivision Regulations and the City Engineer. Private laterals and service lines must comply with the requirements of applicable Building and Plumbing Codes. (Ord. 2016-11. Passed 4-12-16.)

1187.01 NONCONFORMING USES.

(a) A nonconforming use is any lawful use, whether of a building or tract of land or both, which does not conform to the use regulations of this Zoning Code for the district in which it is located.

(b) The following provisions shall apply to all buildings and uses existing on the effective date of this Zoning Code which do not conform to the requirements set forth herein and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this Zoning Code. Any nonconforming use of buildings or land, except those specified in section 1187.04 below, may be continued indefinitely, provided however that the following shall apply for any such use:

(1) No enlargement, alteration, or expansion of a nonconforming use shall be permitted, except as provided for in section 1187.04.

(2) Nonconforming uses shall not be moved to another location where such use would be nonconforming.

(3) Nonconforming uses shall not be changed to another nonconforming use unless such new use is of the same or of a more restricted nature.

(4) Council hereby declares as a matter of public policy that nonconforming uses are undesirable and incompatible. It is hereby declared as a legislative intent that nonconforming uses should be eliminated as rapidly as possible. No nonconforming use shall be re-established if such use has been intentionally abandoned or when such use has been discontinued for a period of one (1) year, any re-use of buildings or land shall conform to this Zoning Code.

(5) Any nonconforming use damaged by fire or other causes to the extent of ninety (90) percent or more of its assessed valuation may be rebuilt only in accordance with this Zoning Code. If any building which has contained a nonconforming use is moved or removed the subsequent use of the property shall conform to this Zoning Code.

1187.02 NONCONFORMING BUILDINGS.

(a) A nonconforming building is any building which does contain a use permitted in the district in which it is located, but does not conform to district regulations for: lot area, width, or depth; front, side or rear yards; or other minimum requirements specified herein.

(b) Nothing in this chapter shall be deemed to prevent normal maintenance and repair or structural alteration, of a nonconforming building provided that in the opinion of the Zoning Administrator, such action does not increase the degree of or create new nonconformity with regards to the regulations pertaining to such buildings.

1187.03 NONCONFORMING LOTS.

Any lot which was of less area, width or depth than specified for the zoning district in which it is located but which was a lot of a recorded subdivision or which was in separate ownership from adjoining lots prior to August 6, 1951, may be used for residential dwelling purposes in accordance with the regulations for the zoning district in which the lot is located.

1187.04 REPAIRS AND MAINTENANCE.

Notwithstanding any of the above regulations, nothing in this chapter shall be deemed to prevent normal maintenance and repair of any use or building, or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public health, safety or welfare.

1187.05 REGISTRATION OF NONCONFORMING USES.

The Zoning Administrator shall identify and register all lawful nonconforming uses existing on the effective date of this Zoning Code which do not conform to the regulations as set forth herein or any amendments thereto, for the district in which they are located within one hundred eighty (180) days of the effective date of this Zoning Code or any amendments thereto.

Steubenville City Zoning Code

TITLE SEVEN

Additional Zoning Standards

1183.01 PURPOSES.

The purposes of this chapter are:

(b) To provide greater opportunities for better housing and recreation for all who are or will be residents of the City.

1183.02 ELIGIBILITY REQUIREMENTS.

Any application for approval shall as a minimum meet the following requirements:

(a) The proposed Planned Unit Development shall consist of at least ten (10) or more contiguous acres of land under single ownership.

(b) The proposed Planned Unit Development shall have direct access to at least an arterial street.

(d) Planned Unit Developments shall be permitted to locate only in the R-1, R-1A, R-2, and R-2A, residential districts.

1183.03 LAND USE CONTROL AND DENSITY REQUIREMENTS.

(a) Residential Uses. All Planned Unit Developments shall consist of single-family detached dwellings and at least two (2) of the following housing styles:

(1) Single-family semi-detached dwellings.

(2) Townhouses or single-family attached dwellings.

(3) Multi-family structures or garden apartments.

(1) Retail businesses in accordance with the provisions of the "B-2A" Community Commercial District.

(2) Professional services in accordance with the provisions of the "B-2A" Community Commercial District.

(3) Personal services in accordance with the provisions of the "B-2A" Community Commercial District.

(4) Institutional uses such as private schools, nursery schools, child day care centers, churches, community recreation centers, nursing homes or rest homes.

(2) Areas devoted to public rights-of-way and common open space shall not be included in the total site area for the purpose of computing gross residential density or commercial areas.

(3) The percentage of the Planned Unit Development site to be devoted to common open space shall be no less than twenty (20) percent of the total site area.

(4) Areas for commercial use shall not exceed the following:

SITE SIZE	COMMERCIAL AREA
10 to 49 acres	None permitted
50 to 100 acres	10% of site area
101 to 150 acres	8% of site area
151 to 250 acres	7% of site area
251 acres and greater	6% of site area

Lot coverage of commercial buildings shall not exceed twenty-five (25) percent of the land area designated for commercial use.

1183.04 SITE ANALYSIS.

(1) Hydrology

(2) Geology

(3) Soils

(4) Topography

(5) Vegetation

1183.05 SITE DESIGN REQUIREMENTS.

(a) Residential Uses.

(1) Dwelling unit structures shall be located and interspersed so as to promote pedestrian and visual access to common open space.

(2) Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums:

Front to Front:	60 Feet
Front to Side:	40 Feet
Front to Rear:	60 Feet
Side to Rear:	40 Feet
Side to Side:	15 Feet
Rear to Rear:	50 Feet
Corner to Corner:	10 Feet

(5) No structure shall be located within fifteen (15) feet a street right-of-way line.

(b) Commercial Uses.

(1) All commercial uses shall be located in a single, concentrated area of the Planned Unit Development.

(2) All commercial uses shall be located with direct access to at least a collector street.

(3) Commercial signs are permitted subject to the following:

A. A single sign for the commercial center shall be permitted provided such sign face shall be limited to a height of six (6) feet with a total area of not exceeding fifty (50) square feet.

B. Signs for individual business shall be located on the face of structures and shall be no more than thirty (30) square feet in area.

C. Other than requirements A and B above, signs shall be subject to the requirements contained elsewhere in this Zoning Code.

(2) For townhouses or single-family attached dwellings and multi-family structures or garden apartments, off-street parking shall be provided for each dwelling unit as follows:

NO. OF BEDROOM	MINIMUM PARKING SPACES
Efficiency Unit	1.5
1.Bedroom	2.0
2.Bedrooms	2.5
3 or more Bedrooms	3.0