Stow City Zoning Code
TITLE ELEVEN
Additional Zoning Regulations
1181.01 PURPOSE.
Off-street parking regulations are established in order to protect residential neighborhoods from on-street parking; to promote the general convenience, welfare and prosperity of commercial developments; and to relieve congestion so the streets can be utilized more fully for movement of vehicular traffic. Therefore, accessory off-street parking shall be provided as a condition precedent to the occupancy or use of any building, structure or land. At any time a building, structure or use of land is enlarged, expanded, increased in capacity or use, additional off-street parking shall be provided in conformance with the following provisions.
(Ord. 2007-222. Passed 1-10-08.)
1181.02 UNITS OF MEASURE.
In computing the number of parking spaces required by this Code, the following rules shall apply:
(a) Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used for all land uses.
(b) Seating Capacity. Where seating capacity is the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated, or when fixed seats are not indicated, the capacity shall be determined as being one (1) seat for each 20 square feet of floor area of the assembly room. Where the Fire Code establishes a greater maximum seating capacity, the number of spaces provided shall comply with the Fire Code maximum seating capacity.
(c) Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two successive shifts.
(d) Fractional Numbers. Fractional numbers shall be increased to the next whole number.
(e) Shared Parking for Mixed Uses. The parking spaces required for mixed uses shall be the sum of the parking required for each use considered separately.
(Ord. 2007-222. Passed 1-10-08.)
1181.03 NUMBER OF PARKING SPACES REQUIRED.
The required number of off-street parking spaces for each facility or use shall be determined by application of the standards noted in Schedule 1181.03. For a use not specified in Schedule 1181.03, the Planning Commission shall apply the standard for a specified use which the Commission determines to be most similar to the proposed use.
SCHEDULE 1181.03
REQUIRED OFF-STREET PARKING SPACES
Principal Building or Use | Minimum Spaces Required (a) |
a. Residential Uses: | |
1. Single-family Dwellings | 2 spaces of which 1 space shall be enclosed |
2. Two-family Dwellings | 2 spaces per dwelling unit of which 1 space per dwelling unit shall be enclosed |
3. Townhouses | 2.5 spaces per dwelling unit of which 1 space per dwelling unit shall be enclosed |
4. Apartments | 2.5 spaces per dwelling unit |
5. Senior Citizen Apartments | 1 space per dwelling unit |
6. Rooming, Boarding, Lodging Houses, Congregate Living Facilities | 1 space for each guest room, but no less than 3 spaces |
b. Office, Professional Service Uses: | |
1. Business, Professional and Administrative Offices and Services (excluding Medical and Dental), Financial Establishments | 1 space per 300 square feet of floor area |
2. Medical, Dental Offices and Clinics, including Urgent Care Clinics | 1 space per 150 sq. ft. of floor area |
3. Funeral Homes, Mortuaries | 1 space per 50 sq. ft. of floor area used for services in a chapel or parlor |
4. Hospitals | 1 space for every 2 beds |
5. Nursing Homes | 1 space for every 4 beds |
6. Veterinary Hospitals and Clinics | 1 space per 400 sq. ft. of floor area plus 1 space for every 2 employees |
7. Health and Wellness Centers | 1 space for every 250 gross square feet of building floor area. |
Principal Building or Use | Minimum Spaces Required (a) |
c. Retail/Service Uses: | |
1. Retail or Business Uses unless specific standard given below | 1 space per 250 sq. ft. of floor area |
2. Furniture and Appliance; Builders' Supply; Showrooms of Plumbers, Decorators, Electricians or similar trades; Nursery and Garden Supply Establishments | 1 space per 600 sq. ft. of floor area |
3. Beauty Parlors and Barber Shops | 2 spaces per beauty or barber chair |
4. Self-Service Laundry | 1 space for every 4 washing machines |
5. Restaurants - Table Service | 1 space per 50 sq. ft. of floor area or 1 space for every 2 seats of seating capacity, whichever is greater, plus one space for each delivery vehicle |
6. Restaurants--Counter Service when located in a shopping center(b) | For restaurants of 2,500 square feet or less 1 space per 250 sq. ft. of floor area plus one space for each delivery vehicle. For restaurants greater than 2,500 square feet, 1 space per 100 sq. ft. of floor area, plus one space for each delivery vehicle. |
7. Restaurants - Counter Service when located as the only use in a free-standing building | 20 spaces, or 1 space per 100 sq. ft. of floor area, whichever is greater, plus one space for every delivery vehicle |
8. Bar, Taverns, Night Clubs | 1 space per 50 sq. ft. of floor area or 1 space for every 2 seats of seating capacity, whichever is greater |
9. Hotels and Motels | 1 space per sleeping room plus 1 space per employee |
10. Auction Sales and Flea Markets | 1 space per 100 sq. ft. of floor area |
11. Indoor Commercial Recreation/ Entertainment, bowling alley, skating rink, dance hall | 1 space per 200 sq. ft. of floor area |
d. Automotive Uses: | |
1. Motor Vehicle Sales and Service; Rental Facilities | 1 space per 400 sq. ft. of floor area of sales room, plus 1 space for each auto service stall in the service room |
2. Gasoline Stations | 1 space per employee, plus 1 space per 250 sq. ft. of floor area of principal building if applicable |
3. Minor Auto Repair/Service Stations | 2 spaces per service bay, plus 1 space per employee |
4. Major Auto Repair Garage | 2 spaces per service bay, plus 1 space per employee |
5. Car Wash Facilities | 1 space per employee |
e. Commercial Entertainment/Recreation Uses: | |
1. Indoor Movie Theaters, Auditoriums, Stadiums and other places of public assembly | 1 space for every 3 seats |
2. Dance Halls, Skating Rinks, Private Clubs, Lodges | 1 space per 100 sq. ft. of floor area |
3. Bowling Alleys | 4 spaces per alley, plus 1 space for every 2 employees |
4. Health/Recreational Facility | 1 space per 200 sq. ft. of exercise area, including locker and equipment rooms |
5. Golf Course (Nine holes or more) | 8 spaces per green |
6. Miniature Golf Course | 1.5 spaces per hole |
7. Tennis Courts | 4 spaces per court |
8. Swimming Pools, Public and Private (not associated with residences) | 1 space per 50 sq. ft. of active recreation area, including water, deck and bathhouse |
9. Outdoor Commercial Recreation | 1 space for every 3 seats of bleacher or stadium capacity |
10. Indoor Sports Training Facility | 1 space per 250 sq. ft. of floor area |
f. General Commercial and Industrial Uses: | |
1. Wholesale Marketing and Distribution of Goods; Storage; Warehousing of Goods; Printing; Publishing | 1 space per 800 sq. ft. of floor area |
2. Research and Testing Laboratories | 1 space per 400 sq. ft. of floor area |
3. All other types of industrial uses in any I District | 1 space per 400 sq. ft. of floor area |
Principal Building or Use | Minimum Spaces Required (a) |
g. Educational Facilities: | |
1. Elementary and Junior High Schools | 2 spaces per classroom, plus 1 space for every 3 seats in the largest assembly hall |
2. Senior High Schools | 1 space per 2 teachers, employees, administrators plus 1 space per 10 students |
3. Child Day Care Center | 1 space per 8 students, based on center's regulated maximum capacity |
h. Community Facilities: | |
1. Churches and other places of worship | 1 space for every 3 seats of seating capacity in the largest assembly hall |
2. Library, Museum, Community Center or similar public or semi-public buildings | 1 space per 500 sq. ft. of floor area plus 1 space for every 3 seats in any assembly area |
3. Assembly Hall, Auditorium | 1 space for every 3 seats of seating capacity |
(a) A minimum of five spaces is required for each facility other than a single-family or two- family dwelling. (b) For the purposes of this section, a shopping center shall include one or more multi-tenant building(s) and/or group of buildings where the required parking spaces are provided in a shared parking lot. | |
(Ord. 2007-222. Passed 1-10-08; Ord. 2010-164. Passed 12-9-10.)
1181.04 MODIFICATION OF REQUIREMENTS.
(a) Allowance for Shared Parking. The shared use of required parking spaces shall be permitted for uses that are not normally open, used or operated during the same hours, provided that not more than 50 percent of the required parking spaces are shared. In any case where the required parking paces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by legal counsel, and filed with the application for zoning approval.
(b) Deferred Construction of Required Spaces. If the number of parking spaces required in Schedule 1181.03 is substantially larger than the number anticipated by the applicant and the applicant provides sufficient evidence that supports the reduced parking needs, a site plan may be approved with a lesser number of parking spaces provided:
(1) The total number of spaces initially provided shall not be less than 70 percent of the spaces required by Schedule 1181.03.
(2) Suitable area(s) must be reserved for the construction of the balance of the total number of spaces otherwise required by Schedule 1181.03 and shall be illustrated on the site plan in locations and with landscaping in full compliance with this Code.
(3) That Council, upon reevaluation of the project's parking needs, may at any time direct that some or all of the landbanked spaces be constructed.
(4) Any additional parking shall be provided according to the approved site plan and only after approval of the construction plans by the City Engineer.
(Ord. 2007-222. Passed 1-10-08.)
1181.05 LOCATION OF REQUIRED PARKING SPACES.
In addition to specific requirements contained in each district regulation, the location of off- street parking facilities shall further be regulated according to the following provisions.
(a) Parking spaces required for dwelling units shall be located on the same lot as the dwelling unit.
(b) Parking spaces required for purposes other than dwelling units shall be located within 500 feet of the use measured along lines of public access to the property and may be located on another permissible zoning lot. Such other zoning lot shall be restricted by an instrument of record describing the premises for which the parking is provided and assuring the retention of such parking so long as required by this Zoning Code.
(c) No parking of a motor vehicle shall be permitted nor shall any person park a motor vehicle in a landscaped front, side or rear yard area and no motor vehicle shall be parked within 20 feet of a public right-of-way.
(Ord. 2007-222. Passed 1-10-08.)
1181.06 OFF-STREET WAITING SPACES FOR DRIVE-THRU FACILITIES.
Establishments which by their nature create lines of customers waiting to be served within automobiles shall provide off-street waiting areas, on the same lot as the use, in addition to the required number of parking spaces specified in Schedule 1181.03, in accordance with the following requirements:
(a) Commercial establishments such as banks, drive-thru restaurants and other similar facilities with service windows or service entrances shall provide a minimum of 5 spaces per window or stall.
(b) Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure shall provide no fewer than 25 waiting spaces.
(c) Self-serve car wash facilities shall provide no fewer than four waiting spaces per stall.
(d) Gasoline stations shall provide no fewer than two waiting spaces per accessible side of a gasoline pump island.
(e) In any case, there shall not be within the public right-of-way vehicles waiting for service at such drive-in or drive-thru
1181.07 PARKING OF JUNK MOTOR VEHICLES.
(a) The parking of a junk motor vehicle within a residential district shall be prohibited, except that such vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.
(b) The outdoor parking of a junk motor vehicle within a commercial district shall be permitted for a period not to exceed 48 hours.
(Ord. 2007-222. Passed 1-10-08.)
1181.08 OFF-STREET LOADING SPACES REQUIRED.
Off-street loading spaces shall be provided and maintained on the same lot with the principal use in compliance with the following regulations:
(a) Access to truck loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.
(b) Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.
(c) No part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.
(Ord. 2007-222. Passed 1-10-08.)
1181.09 REGULATIONS FOR ACCESS DRIVE.
Each parking space and loading space shall be provided access in accordance with the following:
(a) Residential Driveways. No more than one driveway shall be permitted per residential dwelling. No driveways shall be permitted on any vacant lot.
(b) Number of Drives. For all uses requiring Site Plan Review or a Conditional Zoning Certificate the number and location of any access drive(s) shall be evaluated for each application considering the site location; existing/potential vehicular or pedestrian traffic; availability of private access drives; and other relevant factors. Access drives shall be located to minimize traffic congestion; avoid undue interference with pedestrian access to street corners; align with opposing driveways to the extent possible; and to provide for adequate access to emergency services.
(c) Width. The width of the access drives shall be not less than 10 feet per exit lane and 15 feet per entrance lane. Each access drive shall provide two exit lanes and one entrance lane, unless otherwise determined by the Planning Commission, and shall have a total width of not more than 36 feet, measured at the property line.
(Ord. 2007-222. Passed 1-10-08.)
1181.10 IMPROVEMENT AND MAINTENANCE STANDARDS.
All required off-street parking and loading facilities including entrances, exits, maneuvering areas, waiting areas, and parking and loading spaces shall be in accordance with the following standards and specifications:
(a) Parking Space Dimensions. Each off-street parking space, open or enclosed, shall have an area of not less than 200 square feet (measuring 10 feet by 20 feet) exclusive of access drives or aisles.
 Parking Space Dimensions |  Parking Spaces Adjacent to Landscaped Areas |
(b) Waiting Space Dimensions. Each off-street waiting space for a drive-thru or drive- in facility shall have an area not less than 160 square feet (measuring 8 feet by 20 feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.
(c) Circulation Aisles. The minimum width for a circulation aisle shall be:
(1) 24 feet for 90º or perpendicular parking;
(2) 18 feet for 60º parking;
(3) 13 feet for 45º parking.
Circulation aisles having a width of less than 22 feet shall be one-way aisles.
(d) Paving. Off-street parking areas and driveways shall be improved, surfaced and maintained with a durable and dustless surface consisting of oiled crushed stone, asphalt, bituminous, concrete, or equivalent surfacing.
(e) Drainage. All required spaces, together with driveways and other circulation aisles, shall have adequate provision for underdrainage and for the disposal of storm water, so that water shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk. Provisions for drainage and storm water management shall include all drainage facilities, catch basins, conduits and other facilities as the City Engineer requires.
(f) Curbs. A curb at least six inches high shall be installed and maintained along the perimeter of a parking or loading area in accordance with the following:
(1) When abutting a landscaped area;
(2) When located in the front yard;
(3) When a parking lot is located in or adjacent to a Residential District.
However, when a raised sidewalk with a minimum width of seven feet is adjacent to a parking lot or the parking lot is equipped with wheel stops, a curb shall not be required.
(g) Handicapped Parking Spaces. Handicapped parking spaces shall be provided according to the ADA or other applicable requirements.
(h) Marking. Any off-street parking area of 5 or more parking spaces shall indicate the location of each parking space, the location of handicapped spaces and the location and direction of movement along the driveways providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surfacing.
(i) Parking Lot Landscaping. All development subject to site plan review shall include the following required landscaping for parking lots.
(1) Interior Parking Lot Landscaping: For parking areas in any district except the I-2 District, designed to accommodate 20 or more vehicles, a minimum of 5 percent of the parking lot shall be planted as landscaped island areas, developed and distributed throughout the parking lot so as to provide visual and climatic relief from broad expanses of pavement. Each landscaped island shall be a minimum of ten feet in any horizontal dimension and shall provide at least one major shade tree having a clear trunk height of at least 6 feet and a minimum caliper of 2 inches. Shrub plantings adjacent to a building along the perimeter of the parking lot, or in any part of a yard, shall not be counted as interior landscaping. For the purpose of this section the area of a parking lot shall be the total vehicular surface area including circulation aisles.
(2) Additional Plantings Along Public Streets: Whenever parking areas consisting of five spaces or more are located such that the parked cars will be visible from a public street, landscaping in addition to the required interior landscaping shall be required between the street and the parking lot. Such landscaping shall be a minimum height of 3.5 feet, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of 50 percent of the parking area.
(3) Screening of Parking Lots Abutting Residences in Residential Districts: Parking areas accommodating five or more vehicles for non-single-family uses abutting single family residential lots in a Residential District shall be screened from view from such properties through landscaping or ornamental walls or fences to promote harmony with the adjacent development.
A. Screening shall consist of one or a combination of the following:
1. A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.
2. A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.
3. A landscaped mound or berm.
B. The height of screening shall be in accordance with the following:
1. Visual screening walls, fences, or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect.
2. Vegetation shall be planted with such minimum height to assure that the required six feet screening effect shall be achieved not later than twelve months after the initial installation.
C. All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
D. The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.
E. Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and abutting properties.
(k) Lighting. Wherever a parking lot or garage is to be used during darkness, a system of lighting shall be installed to provide an adequate standard of illumination over the entire parking lot. All lights shall be shielded so that a minimum glare will extend to adjacent property. In no case shall such lighting impair safe movement of traffic on adjacent streets or highways.
(l) Wheel/Bumper Guards. Wheel guards or bumper guards as may be necessary shall be provided in connection with any off-street parking area of 5 parking spaces or more to contain cars on sloping surfaces and to prevent the bumpers of cars from projecting over sidewalks or property lines.
(m) Maintenance. A parking lot or garage shall be maintained in a manner to keep it as free as practicable from dust, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot or garage, shall be maintained in good condition throughout its use for parking purposes. All exposed concrete walls shall be painted or finished.
(Ord. 2007-222. Passed 1-10-08.)
1182.01 PURPOSE.
The purpose of this chapter is to enhance the appearance of commercial/office areas in the City, maintain property values, and to mitigate the potential negative impacts of commercial and office developments by establishing design review standards that can be applied consistently during the site plan review process. It is the intention of these regulations to recognize the diversity of Stow’s commercial areas. Graphic illustrations of these regulations are provided in Stow’s Design Review Guide.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1182.02 APPLICATION.
These regulations shall apply to all uses proposed in the DRO-1, DRO-2, C-2, C-3, C-4, C-5, C-6 , C-7, C-8 and RB Districts. These standards will be applied as part of the site plan review process as set forth in Section 1137.03.
(Ord. 2007-222. Passed 1-10-08.)
1182.03 DESIGN REVIEW STANDARDS.
(a) Building Materials. Materials such as brick, stone, wood, split-faced block are preferred.
(1) Smooth-faced non-decorative block shall not be permitted.
(2) Dry-Vit, stucco and similar exterior building systems shall be only utilized as an accent treatment occupying no more than twenty percent (20%) of the exterior building wall area.
(3) Material that is glazed or highly reflective shall be only utilized as an accent treatment occupying no more than twenty percent (20%) of the exterior building wall area.
(4) Use of materials which have colors and tones that are compatible with or complementary to the predominant colors and tones of existing buildings shall be utilized when such existing structures, as determined by the Planning Commission to be appropriate for their location.
(b) Building Articulation. Exterior building walls shall not contain expansive areas of blank walls with no articulation. Articulation may be provided through the use of windows, simulated windows, vertical columns or horizontal banding of a different material, color or texture, cornice treatments or other means. Decorative down lighting or up lighting can also be utilized to enhance the appearance. Landscaping, if at least 1/3 the height of the building, can also provide a visual break in order to soften the appearance of a large wall area.
(c) Side and Rear Building Wall Articulation. Rear and side of building facades shall be subject to the same requirements as specified in the above subsection (b) above. Planning Commission may make a determination that a lesser treatment is acceptable if the wall façade is not visible from public streets or adjacent properties.
(d) Roof Treatment. If pitched, roofs should be articulated with the introduction of dormers and other roof features appropriate to the building design. Expansive areas of roof with no articulation shall not be permitted.
(e) Screening of Dumpsters and Mechanical Units.
(1) Mechanical equipment on the roof of buildings shall be screened. Acceptable screening methods shall include:
A. Locating such equipment on the roof in such a way that it is not visible from adjacent property or a public right-of-way at a height of 5 feet from the ground; or
B. Constructing a parapet wall or other structure that utilizes the exterior building material to a sufficient height so that the mechanical equipment is not visible from adjacent property or a public right-of-way at a height of 5 feet above the ground.
(2) All other exterior mechanical equipment, dumpsters or the storage of goods or supplies used in the operation of the establishment shall be screened from public rights-of-way and adjacent property with a solid masonry wall constructed of the same material, color and detailing as the principal building. Gates for dumpster enclosures shall not be constructed with chain link fencing. In R-B Districts, a privacy fence and/or dense vegetative planting that provide an opaque buffer through all seasons of the year may be used.
(f) Gasoline Service Station. Canopies, carwash and cashier stations or any other structures shall be designed with similar detailing and should be compatible in color with the principle building.
(1) Maximum height of canopy shall be 17 feet.
(2) Back-lit canopies shall not be permitted.
(3) Any graphics located on the canopy shall be considered signage.
(Ord. 2007-222. Passed 1-10-08.)
1182.04 LIGHTING STANDARDS.
The intent of this section is to focus on the actual physical effects of lighting and its potential impact on the surrounding neighborhood. Exterior lighting shall be evaluated in the site plan review process to ensure that the functional and security needs of the project are addressed in a way that does not adversely affect adjacent properties and or the neighborhood. The degree to which exterior night lighting affects a property owner or a neighborhood will be reviewed considering the light source, level of illumination and hours of illumination.
(a) Design Standards. All exterior lighting shall meet the following design standards:
(1) The location together with the cutoff angle and fixture type shall conceal the light sources so that they cannot be viewed from adjacent property. Planning Commission may require shields to be installed.
(2) In no case shall lighting cause glare or unnecessary diffusion that impairs the safe movement of traffic on adjacent streets or highways.
(3) Light fixtures shall be located so that the light sources are directed into parking areas.
(4) No light sources shall be located on building facades directed outward toward property boundaries except that architectural, landscape and decorative lighting is permitted provided that the light emissions are limited to the building façade or other illuminated object.
(5) All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor devices, or turned off during non-operating hours.
(6) No flickering or flashing lights shall be permitted, except for temporary holiday decorations.
(b) Lighting Levels. With the exception of lighting for public streets, all other project lighting used to illuminate buildings, parking lots, walkways or the landscape shall comply with the following maximum lighting levels:
Area/Activity | Maximum Footcandle |
Property Line (1) | 0.5 |
Parking Areas | 10.0 |
Under Gas Canopy | 30.0 |
(1) If adjacent to a residential district, the lighting level shall be 0.0 | |
(c) Additional Regulations for Uses in R-B Districts Adjacent to Residential Properties. Lighting levels for uses adjacent to a residential district shall, in addition to other regulations in this Section, comply with the following:
(1) A light with no protective shield shall be no higher than 6 feet and shall have a maximum illumination, measured at the lot line at ground level, of 0.2 footcandles.
(2) A light with a protective shield, which ensures that the light will not shine directly above a line parallel to the ground extended from the point of the light source nearest the ground, shall be no higher than 15 feet with a maximum illumination, measured at the lot line at ground level, of 0.3 footcandles.
(Ord. 2007-222. Passed 1-10-08.)
1183.01 PURPOSE.
In the interest of promoting the general health, safety and welfare of residents of Stow, these sign regulations are herein established to provide for the use, location and size of signs in a manner that ensures that signs are in harmony with the character of the associated use and surrounding area and will support and complement the goals and objectives of the City's Comprehensive Plan.
As more specifically set forth herein, the purposes of these sign regulations are to:
(a) Promote and maintain attractive, high value residential, commercial and industrial districts.
(b) Provide reasonable, yet appropriate, conditions for identifying institutions, businesses and industrial establishments.
(c) Control the size and location so that signs will be aesthetically harmonious with their surroundings.
(d) Eliminate any conflict which would be hazardous between identification signs and traffic control signs and devices.
(e) Provide review procedures which enable the City to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings.
(f) Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment.
(g) Prohibit all signs not expressly permitted by this Code.
In establishing these purposes, the City has determined that signs which do not comply with these regulations (type, size, location, and limitation on the number of signs) are a public nuisance. Unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public.
(Ord. 2007-222. Passed 1-10-08.)
1183.02 CLASSIFICATION OF SIGNS.
For the purposes of these regulations, a sign shall include any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business by means of letters, words, designs, colors, symbols, flags, banners, fixtures, images or illuminations. Signs shall be further classified by physical design or structure, and function or purpose based on the following:
(a) Physical Characteristics.
(1) Awning Sign: A sign located on the face of the awning.
(2) Canopy Sign: A sign hung perpendicular to the store front under a canopy, ceiling or entry, intended for pedestrian visibility.
(3) Changeable Copy Sign: A sign, such as a bulletin board or announcement board, where the message or graphics is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over manually or by electronic or mechanical devices.
(4) Electronic Message Sign: A sign display comprised of small internally illuminated components that enable the display to change periodically.
(5) Freestanding Sign: A sign which is supported from the ground or a structure other than a building.
A. Monument Sign - A freestanding sign shall have 50 percent or more of the bottom of the sign in contact with the ground or supporting structure;
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B. Pole Sign - A freestanding sign supported by a pole, post or other structure and having more than 50 percent of the bottom of the sign separated from the ground by air.
(6) Internally Illuminated Sign: A sign that is illuminated from a light source located within the sign structure. An electronic message sign shall be considered to be internally illuminated.
(7) Wall Sign: A sign erected parallel to or affixed on the outside wall of any building, and not extending more than 12 inches there from, and which does not project above the roof line or beyond the corner of the building.
(8) Window Sign: A sign on the inside of a building affixed to, or near, a window for the purposes of being visible to and read from the outside of the building.
(b) Function.
(1) Community Directional Sign: A sign located at or near the public right-of- way to provide directions to public and quasi-public facilities in the City.
(2) Construction Sign: A temporary sign identifying the name of a subdivision, building or public works project or facility during the time of construction. Such signs may include a description of the project, and may list the project's professional firms (such as architects, engineers, developers and contractors).
(3) Directional Sign: A sign located on private property, at or near the public right-of-way to direct traffic onto private property, usually indicating the entrance and exit to a parking lot.
(4) Identification Sign: A sign intended to identify the principal use of a lot, building or building unit according the following:
A. Business Identification Sign: A sign indicating the business name or logo of a commercial or industrial enterprise and limited to identification purposes.
B. Institution Identification Sign: A sign displaying the name and/or organization occupying the premises of a public or quasi-public use restricted to: church or other place of religious worship; hospital; nursing home; public or non-profit corporation owned and operated recreational facilities; governmentally owned and/or operated facilities; schools and cemeteries.
C. Residential Identification Sign: A sign identifying the name and address of a completed residential subdivision, a cluster development with 12 or more dwelling units, or a multi-family development.
(5) Instructional Sign: A sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers or users as to specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; specific services offered, or methods of payments accepted. Examples of instructional signs include "Honk Horn for Service", "Restrooms Inside", "Parking for Customers Only", "Parking for Residents Only", menu boards, drive-up tellers, "self-serve."
(6) Memorial Sign: A sign indicating the name of a building, the date of construction and/or incidental information about its construction or historical significance, which sign is cut into a masonry surface or made of bronze or other permanent material, and mounted at the time the building was constructed or affixed subsequent to a structure being designated as a historical landmark.
(7) Nameplate: A sign attached to the wall of the principal building indicating only the name and address of the person or business occupying the lot or building.
(8) Political Sign: A temporary sign advocating the action on a public issue, promotion of a candidate for public office, or other ballot-oriented objectives.
(9) Product and Service Sign: A sign which advertises the services, products, merchandise or prices of commodities produced, stocked or sold on the premises.
(10) Real Estate Sales Sign: A temporary sign which directs attention to the rental, sale or lease of the property on which the sign is located.
(11) Required Public Purpose/Safety Sign: A sign erected by a public authority, utility, public service organization or private industry upon the public right- of-way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Public purpose/safety signs include "No Parking Fire Lane."
(12) Temporary Promotional Sign: A temporary sign of any type (other than a construction, real estate or political sign) intended to announce special events, promotions or sales, including garage sales in residential districts.
(13) Temporary Sign: A sign that is used only for a limited time and is not permanently mounted.
(14) Unified Directory Sign: A wall sign erected to identify each business or tenant located within the building.
(Ord. 2007-222. Passed 1-10-08.)
1183.03 COMPUTATIONS.
The following principles shall control the computation of sign area and height:
(a) Determining Sign Area or Dimension.
(1) For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within the outside dimensions of the background or frame.
(2) For a sign comprised of individual letters, figures, or elements on a wall or similar surface, or an irregularly shaped freestanding sign, the area of a sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements.
(3) The sign area shall include the frame, but shall not include the pole or other necessary structural support unless such pole or structural support is illuminated or otherwise so designated to constitute a display surface or device.
(4) A freestanding sign shall have no more than two display surfaces. Each display surface shall be considered a sign face.
(5) In the event there is a dispute in determining the sign area or any sign dimension, the Planning Commission shall have the final responsibility for making such determination.
(b) Determining Sign Height. The height of a freestanding sign shall be measured from the base of the sign or supporting structure at normal grade to the top of the highest element. Normal grade shall be (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, or mounding solely for the purpose of locating the sign.
(c) Determining Eligible Locations for Wall Signs.
(1) For multi-tenant buildings, the tenant wall area shall be that portion of the building frontage so occupied by a single activity and calculated in the same manner as the building wall area.
(2) For lots or building units fronting on two or more streets, main entry drives or off-street parking areas, building wall area shall be calculated separately for each building frontage and the sign area that is oriented toward a particular street, main entry drive or parking area shall not exceed the portion of the building wall area fronting on that street, main entry drive or parking area.
(3) For lots abutting the expressway right-of-way, the building wall area facing the expressway shall be considered building frontage eligible for signage as set forth in subsection (c)(2) above.
(d) Determining Maximum Sign Area Permitted.
(1) The maximum area permitted for each business shall be the sum of the areas of the following identification signs: wall signs, second floor tenant signs, awning signs, permanent window signs and instructional signs unless the Planning Director determines such instructional signs are exempt pursuant to subsection (d)(2) below.
(2) Instructional signs which are clearly intended for instructional purposes and, as determined by the Planning Director, are not larger than necessary to serve the intended instructional purpose nor are in locations or possess design characteristics which constitute or serve the purposes of an identification sign shall not be considered an identification sign and the area of which shall be exempt from the maximum area permitted for identification signs.
(3) Memorial signs shall be approved as part of the building construction and shall not be regulated in area provided such signs comply with the definition and intent of memorial signs.
(Ord. 2007-222. Passed 1-10-08.)
1183.04 MAXIMUM SIGN AREA AND HEIGHT.
Signs as permitted in the respective zoning districts shall conform to the limitations set forth in Schedule 1183.04.
Schedule 1183.04
Maximum Sign Area and Height Regulations
TYPE OF SIGN | Maximum Area [Sq. Ft.] | Maximum Height [Feet] | Other |
Nameplate | 2 | Na | |
Wall Signs | |||
Home Occupation | 2 | Na | 1 per dwelling unit |
Multi-Family Developments | 32 | Na | [A] |
Businesses in R-B Districts | 16 | Na | [A] |
Commercial, Industrial & Institutional Uses | Lineal feet of building or business unit frontage X 1.5 up to 100 sq. ft. | For buildings located in commercial districts with a building wall area of 1,000 sq. ft. or more and located 400 ft. or more from the R.O.W., the maximum area shall be 7.5% of wall area. For buildings in industrial districts with a wall area of 1,000 sq. ft. or more, the maximum shall be 5% of wall area. | |
Monument Signs | |||
Residential Subdivision | 32 | 6 | Per sign face, max. of 2 sign faces per subdivision |
Businesses in R-B Districts | 16 | 4 | [A] |
Multi-Family Developments | 32 | 6 | [A] |
Commercial, Industrial & Institutional Uses | 50 | 8 | |
Changeable Copy/Electronic Message | Na | Na | |
Canopy | 10 | Na | |
Unified Directory | 16 | Na | |
Directional | 4 | 3 | 1183.05(d) |
Construction | |||
Single Family Lot | 16 | 4 | 1183.05(f) |
Major Subdivision/Multi-Family Uses | 32 | 6 | 1183.05(f) |
Political | |||
Residential District | 20 | 6 | 1183.05(g) |
All Other Districts & Institutional Properties | 32 | 6 | 1183.05(g) |
Real Estate | |||
Less than 1 acre | 8 | 6 | 1183.05(h) |
Between 1 -5 acres | 16 | 6 | 1183.05(h) |
More than 5 acres | 32 | 6 | 1183.05(h) |
Temporary Promotional | |||
Residential District | 8 | 4 | 1183.05(i)(1) |
Businesses in R-B Districts | 16 | 4 | 1183.05(i)(3) |
Commercial/Industrial | 32 | 6 | 1183.05(i)(3) |
[A] Only one sign per street frontage permitted. It shall be a wall or free-standing sign, but not both. | |||
(Ord. 2007-222. Passed 1-10-08.)
1183.05 SUPPLEMENTAL REGULATIONS.
The following sign regulations are in addition to the maximum sign area and height regulations set forth in Sections 1183.04.
(a) Residential Subdivision Identification Signs. A freestanding residential identification sign shall be permitted for each entrance to a subdivision in compliance with the following:
(1) Such freestanding sign shall be placed on private property no closer than 10 feet to the right-of-way, except as permitted in subsection (a)(2) below, and shall be located no closer than 20 feet to a side lot line.
(2) A freestanding identification sign may be placed in the right-of-way provided such sign shall be located on the center island of a boulevard entrance, placed no closer than 25 feet to the intersecting street's right-of- way.
(3) A maximum of two sign faces shall be permitted per entrance: either as a double-sided freestanding sign or as two single-sided signs either freestanding or mounted on a wall or other entrance feature. In any case, the sign and its supporting structure shall comply with the requirements set forth in Section 1185.01(b)(2).
(4) Such signs shall be monument signs.
(b) Requirements for Freestanding Identification Signs. Freestanding identification signs for institutions and commercial and industrial establishments shall comply with the following regulations:
(1) Such signs shall be monument signs.
(2) Such signs shall be permitted only when the principal building conforms to the minimum building setback and lot width requirements specified in the district regulations.
(3) Such signs shall be located no less than 10 feet from the right-of-way and no less than 20 feet from a side lot line.
(4) Only one freestanding identification sign shall be permitted per lot except that for a corner lot, one freestanding identification sign shall be permitted per street frontage provided that the lot has at least 100 feet of lot frontage on each street and the signs are located a minimum of 30 feet from the intersection.
(5) Content of Freestanding Signs.
A. Multiple-Tenant Facilities. When a freestanding sign is permitted on a site with more than one tenant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), be a directory for all or only a select group of tenants, or some combination thereof.
B. Product and Service Signs. Up to a maximum of 50 percent of the area of the freestanding identification sign may be devoted to advertising using a Product and Service Sign.
C. Changeable Copy Sign. In a commercial and industrial district or an institutional identification sign in a residential district, up to a maximum of 33 percent of the area of the freestanding identification sign may be devoted to changeable copy. The sign face devoted to changeable copy shall be covered by a protective material and securely locked at all times.
D. Electronic Message Signs
1. Has static image for at least 6 seconds;
2. Achieves a change to another static image in a period of 2 seconds or less;
3. Does not display any illumination that moves, appears to move, including animated, flashing, scrolling, intermittent or full motion video elements;
4. Will adjust display brightness as ambient light levels change;
5. Contain a default design that will freeze the sign in one position if a malfunction occurs;
6. The area of the display shall not occupy more than 33% of the total sign area; and
7. Shall be located on a masonry monument sign and the display area shall be surrounded on all sides with a masonry material of at least 12” in width.
(6) Additional Signage for Large Lots. The allowable area of a freestanding identification sign may be increased by ten square feet of area for every 100 lineal feet of lot frontage, or fraction thereof, greater than 300 lineal feet, provided that such sign shall not exceed 70 square feet. The maximum height for a freestanding sign with an area greater than 50 square feet may be increased up to 20 feet, provided such sign is located no closer to the right-of-way than a distance equal to its height.
(7) Freestanding signs shall be landscaped as an integral part of the required front yard landscaping.
(8) Identification signs in residential districts shall be illuminated by external means only except institutional identification signs may be internally illuminated. No electronic message boards shall be permitted in residential districts. Illumination shall occur only during the hours of 6:00 a.m. to 10:00 p.m.
(c) Additional Requirements for Business Identification Sign.
(1) Rear Entry Signs for Multiple-Tenant Buildings. Each rear entrance to a tenant space in a multiple-tenant commercial or industrial building shall be clearly identified with the name and address of the occupant using reflective letters no less than three inches in height.
(2) Signs for Businesses not on the Ground Floor. For multi-story retail or office buildings, each tenant not located on the ground floor shall be permitted one permanent identification sign to be placed in a window of the tenant's space. Such sign shall not exceed four square feet and shall be included as part of the identification sign area for the building.
(3) Awning Signs.A permitted identification sign may be placed on an awning, applied to the face of the awning. Awnings may be back-lit.
(4) Canopy Signs. A canopy sign may be illuminated.
(d) Directional Signs. A maximum of two directional signs shall be permitted per access drive for institutional, commercial and industrial uses Such signs shall be located no less than five feet from a side lot line, and may be located at or near the right-of-way but shall not be in the right-of-way.
(e) Advertising Signs in Commercial Districts.
(1) Window Signs. Window signs for the purpose of periodic, special advertising shall be permitted in C-2, C-3, C-4 and C-5 Districts without a zoning certificate provided that window signs shall not cover more than 20 percent of the window area that is within a height of eight feet above the ground.
(2) Pump Island Signs. Retail outlets having fuel pump islands may have, for pricing and service information only, not more than one (1) double-faced sign or 2 single-faced signs per pump island. Such sign shall not be greater than 24 in. by 48 in., be confined to the pump islands, shall be permanently attached, and may be illuminated. No zoning certificate or fee shall be required.
(f) Construction Signs. A non-illuminated construction sign shall be permitted in all districts in compliance with the following:
(1) There shall be not more than one construction sign per lot located no less than 10 feet from the right-of-way and 20 feet from a side lot line.
(2) A zoning certificate for a construction sign shall be valid for a period of six months. The construction sign shall be erected on the lot only during the period of time that the building project is under construction and while a valid building permit is in force. Such sign shall be removed within 14 days of the commencement of the intended use.
(3) In the event construction extends beyond the six month time period, a request for an extension of the construction sign permit shall be submitted to the Planning Director for review and approval.
(g) Political Signs. Political signs are permitted on private property with the owner's permission in all districts provided that they:
(1) Shall not be illuminated.
(2) Shall not be placed on utility poles or on public property or street right-of- ways, but may adjoin the right-of-way line provided such signs do not obstruct vehicular sight distance.
(h) Real Estate Sales Signs. Real estate sales signs are permitted in all districts in compliance with the following:
(1) One such sign shall be permitted per street frontage located no less than 10 feet from the right-of-way and 20 feet from a side lot line.
(2) Such signs shall not be illuminated.
(3) Real estate sales signs shall be located only on the site being advertised for sale, lease or rent.
(4) Such signs shall be removed by the property owner or realtor identified on the sign within ten days after said property is transferred, rented, leased or removed from the real estate listing.
(i) Temporary Promotional Signs. Temporary non-illuminated promotional signs, banners, pennants or flags (other than institutional, State, Federal or other patriotic flags) intended to promote or advertise special events or sales may be permitted when complying with the following:
(1) Open House, Auction, Garage Sale Signs. Signs promoting an open house, an auction or a garage sale (which shall include yard sale, porch sale, house sale or similar terms) in a residential district shall be permitted without a zoning certificate in compliance with the following:
A. Shall be posted on private property with the permission of the property owner.
B. May be located at or near the right-of-way, shall be no less than 10 feet from a side lot line, and shall not be placed upon or in a street right-of-way or attached to or upon any street identification or utility pole.
C. Shall be allowed to remain in place for the period of the open house, auction or garage sale but in no case shall the period exceed 36 hours.
(2) Community Programs and Activities. Signs promoting community programs and/or activities within the City and sponsored by public or semi- public organizations shall be permitted in compliance with the following:
A. Shall be posted on private property with the owner’s permission for a period not to exceed 30 days.
B. Any freestanding sign proposed to be located on or over a public right-of-way or other publicly owned land shall be approved by City Council.
C. Banners over the public right-of-way may be erected to promote a public activity sponsored by a community group and that will be held in the City of Stow.
D. The Stow Service Director shall have the authority to approve the erection of banners proposed for locations on or over a public right- of-way, subject to the restrictions as outlined above. No banner shall be erected for a period of greater than two weeks. Further, the Service Director shall have the authority to impose additional requirements not in conflict with the Codified Ordinances of this City.
E. One year after the adoption of Ordinance 1995-129, no banner will be permitted to be placed over any right-of-way within this City.
(3) Seasonal Sales Signs. Signs for periodic sales or promotions by commercial or business uses and non-profit or quasi-public organizations shall be permitted in compliance with the following:
A. One freestanding sign or one banner shall be permitted to be placed on the premises where the sale is to occur.
B. A temporary freestanding sign shall be located no less than 10 feet from the right-of-way and no less than 20 feet from any side lot line. A temporary banner shall be placed only on the building’s front wall.
C. Such temporary sign or banner shall be intended to advertise a special event or promotional sale activity.
D. Such temporary sign or banner shall be permitted a maximum of four times a year in increments of 15 days each. There shall be no more than one temporary sign per each 15 day period.
E. Temporary signs or banners for new businesses are permitted for a period of 45 days from the date of the change of occupancy permit. Such display shall not count against the temporary sign limitation period according to subsection (d) above.
(j) Community Directional Signs. Community directional signs for the purpose of providing directions to public, quasi-public, religious, educational, and major recreational facilities in the City may be permitted as a conditional use when reviewed and approved by Planning Commission and Council and subject to the following conditions:
(1) Shall not be illuminated.
(2) The area and height of the sign shall be a function of the number of facilities being addressed and may be limited by Planning Commission and Council.
(3) Application for a community directional sign shall include an agreement signed by the owner of the proposed site authorizing the erection and continuing maintenance of the sign and landscaping. The sign proposal shall indicate proposed landscaping of the site in the area of the sign.
(Ord. 2007-222. Passed 1-10-08.)
1183.06 DESIGN AND CONSTRUCTION STANDARDS.
In addition to ensuring compliance with the numerical standards of these regulations, the Planning Director and the Planning Commission shall consider the proposed general design, arrangement, and placement of the sign, as well as the appropriateness of the proposed sign in relationship to other signs and other structures both on the premises and in the surrounding areas, and shall only approve signs which are consistent with the intent, purposes, standards and criteria of these sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions:
(a) The lettering should be large enough to be easily read but not out of scale with the building, site or streetscape.
(b) The number of items (letters, symbols, shapes) should be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility.
(c) Signs, if seen in series, should have a continuity of design with the style of sign generally consistent throughout the building or block. Continuity of design means uniformity of background color or harmonious use of a limited range of complementary background colors.
(d) The sign should complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment.
(e) A sign should be constructed with a minimum of different types of elements and materials so as to provide a consistent overall appearance.
(f) Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
(g) No part of a sign shall project above the parapet line.
(h) Signs in commercial and industrial districts may be internally or externally illuminated except as otherwise set forth in Section 1183.05 provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts.
(i) The source of light shall not be visible from the street and external light sources shall not shine on adjoining properties. No flashing, revolving or intermittent illumination shall be employed.
(j) No flashing or moving parts shall be permitted for any sign or advertising display within the City.
(k) All signs shall be designed, constructed, and erected in a professional and workmanlike manner, in conformance with all applicable building codes, and with materials which are durable for the intended life of the sign.
(l) Signs shall have no secondary or other signage added to the sign face or sign structure, except as recommended by Planning Commission and authorized by Council.
(m) For any sign which projects above a public right-of-way, the sign owner shall obtain and maintain in force liability insurance for such sign in such form and in such amount as the Law Director may reasonably determine. Proof of such insurance shall be required prior to obtaining a zoning certificate.
(n) Freestanding signs shall be designed and located so as not to obstruct a driver's visibility entering or exiting a lot or to be a safety hazard to pedestrians or vehicles, and shall comply with the requirements set forth in subsection 1185.01(b)(2) for maintaining clear sight at an intersection.
(o) All sign structures larger than 32 square feet must carry the name and address of the owner, advertising agency, the erector, or agent who is responsible for the maintenance or removal of the sign. All freestanding permanent business and industrial signs must include the street address number at the sign location as part of the business identification.
The Planning Commission and Planning Director may prepare from time to time or authorize the preparation of illustrations which interpret these design and construction standards. Such illustrations may include drawings, photographs of signs in Stow and elsewhere, and drawings or photographs of signs which have been approved pursuant to these regulations. Any such interpretive illustrations may be approved by a majority vote of the Planning Commission and, when approved, shall be considered administrative guidelines which assist in the interpretation of these design and construction standards. Any sign proposed which is consistent with these illustrations shall be in prima facie compliance and be subject to further review by the Planning Director or the Planning Commission to ensure full compliance with these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1183.07 SIGNS EXEMPT FROM REGULATION.
The following signs shall be exempt from regulation under this Zoning Code:
(a) Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
(b) Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the building in which such sign is located;
(c) Works of art that do not include a commercial message;
(d) Religious and other holiday lights and decorations containing no commercial message when displayed during the appropriate time of the year;
(e) Required public purpose/safety signs as needed to achieve the intended public purpose and which contain no commercial message of any sort;
(f) Flags of the United States, the state, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such.
(Ord. 2007-222. Passed 1-10-08.)
1183.08 SIGNS PROHIBITED UNDER THIS CODE.
All signs not expressly permitted under this code or exempt from regulation hereunder in accordance with the previous section are prohibited in the City. Such signs include, but are not limited to:
(a) Animated, flasher, blinker, racer type, moving or revolving signs, inflatable signs and tethered balloons, streamers, exposed light bulbs, strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and other similar features;
(b) Signs on temporarily placed vehicles;
(c) Signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or directional signals;
(d) Outdoor advertising signs (billboards) being any sign erected for the benefit of any person, organization, business, cause, product or service not residing or located on the premises upon which said sign is erected, except as otherwise specified;
(e) Merchandise, equipment, products, vehicles, or other items not themselves for sale and placed for attention getting, identification, or advertising purposes.
(Ord. 2007-222. Passed 1-10-08.)
1183.09 ADMINISTRATIVE PROCEDURES.
Except as otherwise stated herein, a zoning certificate or conditional use certificate shall be required for all signs. The procedures for obtaining a certificate are as follows.
(a) Review Procedures. Signs shall be erected, modified, or replaced only upon the submission of proper plans and specifications and upon review and approval according to the following:
(1) A zoning certificate shall not be required for the following signs when such signs are in full compliance with these sign regulations:
A. Nameplate signs;
B. Open house, auction and garage sale signs;
C. Political signs with an area 16 sq. ft. or less;
D. Real estate signs with an area 16 sq. ft. or less;
E. Memorial signs; and,
F. Window signs in C-2 through C-5 Districts.
(2) The Planning Director shall have the responsibility to review and approve (or disapprove):
A. Business identification signs including free standing, wall signs, awning signs, canopy signs, unified directory, secondary tenant and home occupation signs;
B. Rear entrance signs for multi-tenant buildings;
C. Real estate signs having an area greater than 16 square feet;
D. Changeable copy signs;
E. Construction signs;
F. Directional signs;
G. Seasonal sales signs;
H. Political signs having an areas greater than 16 square feet;
I. Product and service signs;
J. Instructional signs;
K. Temporary promotional signs for community programs and activities that do not involve banners and signs in the public right- of-way; and,
L. Replacement of a previously approved sign for an existing business provided only a change in the sign face is proposed.
M. Institutional signs;
N. Shopping Center signs;
O. Multiple tenant directory signs; and
P. Residential identification signs.
However, the Planning Director may refer the decision on any of the above signs to the Planning Commission for consideration if the Planning Director determines that the sign, as proposed, is more appropriately the responsibility of the Planning Commission.
(3) Community directional signs shall be subject to the review and approval of Planning Commission and Council according to the review procedures for conditional uses set forth in Section 1137.04.
(b) Application Requirements. The sign company providing the permanent or freestanding sign shall be considered the applicant for all sign applications and shall be so noted on the application. Submission of a zoning certificate application for a proposed sign shall include the following:
(1) The name and address of the owner of the lot on which the sign is to be located, the owner of the sign, and the sign provider;
(2) The signature of the sign company as the applicant:
(3) A site plan drawn to scale showing:
A. The dimensions of the lot or property, the location of all dwellings and/or buildings on the lot, the location and size of driveways and access drives, and the identification of and distances to adjacent dwellings, buildings and/or land uses;
B. The location of the proposed sign(s) on the site;
(4) Elevations and plans drawn to scale showing the type and size of and structure for the proposed sign(s), the proposed location and type of lighting, and the associated landscaping and plantings;
(5) A drawing or description indicating the exact sign message;
(6) Any other pertinent data necessary for the determination of compliance with the purposes and objectives of the City's zoning regulations and Comprehensive Plan;
(7) Payment of any required application and sign fees, bonds, or other performance and/or maintenance guarantees.
(c) Site Plan Review. All signs subject to Planning Commission review and approval shall be reviewed according to the procedures set forth for Site Plan Review in Section 1137.03(d) to (f). Signs proposed for a conditional use and conditionally permitted signs shall further be reviewed and approved by City Council upon recommendation from the Planning Commission.
Signs proposed for a use requiring site plan review or a conditionally permitted use may be submitted for review as part of the application for site plan review or conditional use approval.
(d) Sign Policy For Multi-Tenant Buildings. For multi-tenant buildings in commercial or industrial districts, and individual buildings located in business and industrial parks, the applicant shall submit with the application for site plan review basic sign parameters as to the location, size and style of proposed signs. The Planning Commission shall approve with the site plans for new buildings, or at the time a specific sign request is made for a tenant identification sign in an existing building, the basic sign policies for each tenant sign. The Planning Director may approve the subsequent individual tenant signs upon specific application when such proposed signs comply with the sign policy established by the Planning Commission. Such approved sign policy shall be made part of all leases or sales of stores or other tenant space.
(e) Modification to Existing Sign. Any proposed change in an existing sign, sign structure or lighting, shall be approved according to the review procedure set forth in this section prior to said change being made.
(f) Variances. Regardless of any provisions of these sign regulations, Council shall have the power to grant variances to the requirements and provisions contained herein. Said variances shall be based on Council's consideration of the sign proposed, the general characteristics of the proposed site and surrounding area, and any unique or unusual circumstances which, in the exercise of their sound judgment, justify a modification of any requirement, or specification while maintaining the overall purpose and integrity of the sign regulations.
(1) Variances shall be non-assignable and shall expire six months from the date of enactment, unless prior thereto, the applicant commences the actual construction or placement of the sign in accordance with the granted variance.
(2) Granting of a variance shall be in response to a unique set of conditions, circumstances, or characteristics and shall not be construed as having general application to other sign proposals or be the basis for other variance requests.
(g) Fees. Concurrent with the filing of an application for any sign, unless specified otherwise in these sign regulations, an application fee shall be paid to the City in the amount established by ordinance. No refund of any part of an application fee shall be made to an applicant in cases of denial of the requested sign(s).
(Ord. 2007-222. Passed 1-10-08.)
1183.10 MAINTENANCE.
All signs shall be maintained in accordance with the following standards:
(a) The property owner, owner of the sign, tenant, and agent are required to maintain the sign in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with all building code requirements.
(b) A sign in good repair shall be free of peeling or faded paint, shall not be stained, show uneven soiling or rust streaks; shall not have chipped, cracked, broken or bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the City.
(c) The Zoning Compliance Officer may order any sign to be painted or refurbished at least once a year, if needed, to keep the sign in a neat and safe condition.
(d) If the sign is deemed by the Zoning Compliance Officer to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe building and structure and all City regulations applicable for the repair or removal of such sign shall apply.
(e) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering, or repainting, the same may be done without a certificate, or any payment of fees, provided there is no alteration or enlargement to the structure or the mounting of the sign itself, and the sign is accessory to a legally permitted or nonconforming use.
(Ord. 2007-222. Passed 1-10-08.)
1183.11 ALTERATION AND REMOVAL OF UNSAFE, OBSOLETE AND NONCONFORMING SIGNS.
(a) Every sign or other advertising structure, including supporting materials, in existence upon adoption of these regulations, that violates or does not conform to the provisions herein shall be altered, or replaced only in conformance with the provisions of these regulations, and only upon the review and approval of Council, except that signs that are damaged to 50 percent or less of the current fair market value may be restored to their former condition. However, in recognition of the desirability of the upgrading of existing signage and as an incentive to the nonconforming sign owner, Council may consider and grant variances to any of the provisions contained in these sign regulations, if the nonconforming sign owner is willing to agree to achieve sign compliance within a specified and agreed upon number of years.
(b) Any conforming or nonconforming sign and supporting materials existing which no longer advertises a bona fide business, or which no longer serves the purpose for which it was intended, or which is not maintained in accordance with these sign regulations shall, within 30 days of business termination or the time such sign becomes obsolete or not properly maintained, be removed by the certificate holder, property owner, sign owner, sign provider, or person having the beneficial use of the building or structure upon which such sign may be found. Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the City.
(c) Written notification from the Zoning Compliance Officer concerning the removal of a sign shall be complied with within 30 days. Failure to comply with the abatement order shall result in the Zoning Compliance Officer having authorization to cause removal of such sign and supporting material. Any expense incidental to this removal shall be paid by the owner of the property upon which said sign is located. Failure to pay the cost for such removal shall result in a lien upon the premises, which lien shall be filed with the County Recorder's office, to remain a lien or record, until paid. The lien shall accrue interest at the maximum rate permitted by Ohio law prior to payment.
(d) If the Zoning Compliance Officer shall find that any sign or other advertising structure is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Code, notice shall be given in writing by the Zoning Compliance Officer to the certificate holder thereof, sign owner, property owner or sign provider. If the certificate holder, sign owner, property owner or sign provider fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after such notice, such sign or other advertising structure may be removed or altered to comply with these regulations at the expense of the certificate holder or the owner of the property upon which it is located, sign owner or sign provider. The Planning Director shall refuse to issue a certificate to any certificate holder, sign owner, property owner or sign provider who refuses to pay costs so assessed. The Zoning Compliance Officer may cause any sign or advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
(Ord. 2007-222. Passed 1-10-08.)
1183.12 VIOLATIONS AND PENALTIES.
(a) It shall be the duty of the sign owner, sign erector, the owner of the business being identified or advertised and/or the owner of the property upon which the sign is to be placed to see that any sign erected, altered, modified or maintained is in compliance with all applicable provisions of these sign regulations and any other conditions specified in the approval of a sign. Failure to come into compliance after notice as specified in this section shall be a violation.
(b) The Zoning Compliance Officer shall declare any violations a nuisance and order in writing the correction of all conditions which are found to be in violation of these regulations.
(1) Where the sign regulations provide that a zoning certificate or approval of Planning Commission or Council is required prior to the erection of a sign, and no certificate or approval has been obtained, violations shall be corrected within five days after the written order is issued or the sign in question shall be removed by the City.
(2) Any violation involving temporary signs, except as outlined in subsection (b)(1) above, shall be corrected within 5 days after the written order is issued or the sign in question shall be removed by the City. If the permit holder, sign owner, property owner or sign provider fails to remove or alter the temporary sign within five days after such notice, such sign or other advertising structure may be removed or altered by the City to comply with these regulations at the expense of the permit holder, the owner of the property upon which it is located, the sign owner or the sign provider. The Planning Director may refuse to issue a permit to any permit holder, sign owner, property owner or sign provider who refuses to pay costs so assessed. The Zoning Compliance Officer may cause any sign or advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
(3) In the case of a sign that poses an immediate danger to the public health or safety, such sign shall be removed immediately upon notification of such pending danger or the sign in question shall be removed by the City.
(4) All other violations shall be corrected within 30 days after the written order is issued or the sign in question shall be removed by the City.
(5) Notwithstanding any other provision of this chapter, any temporary promotional sign placed in the right-of-way may be immediately removed by the City. Any sign removed under this subsection by the City shall be stored at a designated location by the City for a period not to exceed 10 days. If the owner of the temporary promotional sign does not remove the sign from storage within 10 days, the sign will be deemed abandoned and disposed of by the City.
(c) Any violation not corrected within the period of time specified in subsection (b) above shall be a misdemeanor of the fourth degree and punishable in accordance with Section 501.99.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1185.01 GENERAL SITE AND DEVELOPMENT CRITERIA.
The following site and development criteria are established to promote the harmonious exercise of property rights.
(a) Access to a Public or Private Street. No principal building shall be erected on a lot which does not abut on at least one public or private street.
(b) Additional Requirements for Yards and Lots.
(1) No part of a yard or other open space required in connection with any building for the purpose of complying with this Zoning Code shall be included as part of a yard or open space similarly required for any other building. No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Zoning Code for a lot or building may be sold, leased or used from such a lot or building unless other space is available to comply with the requirements and such sale, lease or reuse is approved in compliance with these regulations.
(2) In all front yards, no obstruction of vision exceeding 18 inches in height above the established street grade shall be placed on any corner lot within a triangular area formed by the intersection or projected point of intersection of the street property lines and a line connecting points on street property lines 25 feet from the intersection point.
(3) In all front yards, a landscaped area adjacent to the street right-of -way and having a minimum width of 20 feet shall be provided and shall be unobstructed except for access drives.
(4) All recreation vehicles and equipment such as boats, motor homes, campers, trailers, motorcycles, etc., if parked or stored in the front of a residence, must be on a hard surface drive no closer than 20 feet to the street right-of-way. However, one recreation vehicle may be parked on a driveway within 20 feet of the street right-of-way once a year for a period not to exceed 14 days.
(5) Coroner and double frontage lots shall comply with the minimum front yard depth on all streets.
(6) When more than one two-family, townhouse, multi-family, commercial, or industrial building is located on one lot, the buildings shall be considered as one building for the purpose of determining the front, side, and rear yard requirements.
(7) The minimum front yard depth shall be measured on the perpendicular from the street right-of-way line to the nearest point of the principal building. The minimum side yard width and rear yard depth shall be measured on the perpendicular from the lot lines to the nearest point of any structure.
(8) The following are permitted obstructions within required yards, provided they shall extend a maximum of one foot into a required yard and are so located that natural light and ventilation are not materially obstructed from the principal building or any adjoining property:
A. Architectural features;
B. Awnings and canopies;
C. Chimneys;
D. Eaves, gutters and downspout.
(c) Height Exceptions. No structure shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit established for the district in which the structure is located, except that:
(1) Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, chimneys, smokestacks, water tanks, or similar structures may be erected to exceed by not more than 20 feet the height limits of the district in which they are located. However, the structure shall not have a total area greater than 20 percent of the roof area of the building and shall not be used for any residential purposes.
(2) Two-way radio, television, wireless receiving antennas, masts, and flagpoles may be erected to any safe height. Should any such structure exceed 100 feet in height, approval by Council shall be required.
(d) Underground Utilities. For all new buildings and major modifications of existing buildings, the utilities on-site shall be located underground.
(Ord. 2007-222. Passed 1-10-08.)
(e) Storm Water Management. To the maximum degree possible, the following objectives for storm water management shall be met for new construction, building expansion or site modification:
(1) Storm water draining from the site should not exceed that occurring under natural land cover conditions;
(2) Existing natural drainage courses, wetlands, and water bodies should be preserved whenever feasible;
(3) Storm water detention basins and other open space and natural vegetative areas should be utilized as part of the water management system;
(4) Water absorptive paving and water detention design should be utilized in areas and facilities where practical;
(5) The overall storm water management system should be designed to accommodate the "100 year frequency storm."
A. Mudbrook Watershed: The City has modeled the Mudbrook Watershed and as a result of the study, the City's requirement is to limit the 100 year developed rate to the 2 year undeveloped rate. The proposed development must also be imputed into the model with a result of no adverse impacts downstream. The site must alsocomply with Chapter 933, thereof, entitled "Erosion and Sediment Control and Post Construction Storm Water Quality”. The City Engineer must approve the methodology for design.
B. Areas Outside the Mudbrook Watershed: The storm water management system shall be designed to limit the discharge to the two-year predevelopment runoff rate up through the 25 year developed storm. The 50 and 100 year developed storms can be discharged at the corresponding 50 and 100 year predeveloped rates. The site must also comply with Chapter 933, thereof, entitled "Erosion and Sediment Control and Post Construction Storm Water Quality." The City Engineer must approve the methodology for the design. The design must include a review of the downstream impacts. If the off-site drainage system is inadequate to handle the proposed outflows, the outflows must be reduced or off-site improvements will be required.
(Ord. 2009-57. Passed 5-28-09.)
(f) Erosion and Sedimentation Control. Effective erosion and sediment controls shall be planned and applied according to the following principles for new construction, building expansion or site modification:
(1) The smallest practical area of land should be exposed at any one time during development.
(2) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) Temporary vegetation, such as rye grass seeding, and/or mulching shall be used to protect high erosion potential or other critical areas exposed during development.
(4) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
(5) Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(6) The permanent final vegetation cover and storm water management structures shall be installed as soon as practical in the development.
(7) The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible, natural vegetation should be retained and protected.
(g) Lighting on Buildings. Wherever a commercial or industrial building has lighting attached to its outside walls, the system of lighting installed shall be the minimum necessary to provide the needed illumination. All lights shall be shielded and directed downward so that light shall not extend to adjacent residential property.
(h) Improvements in the Right-of-Way. The following improvements in the right-of- way shall be required for every new principal residential, commercial and institutional building requiring a Zoning Certificate, Site Plan Review Approval or a Conditional Zoning Certificate:
(1) Sidewalks. Sidewalks shall be constructed along the entire public street frontage for the property that is being built upon. Sidewalks shall have a minimum width of 4 feet or match the width of adjoining sidewalks.
(2) Curbs and Gutters.Curbs, gutters and stormwater management shall be provided. The length of this improvement shall be determined by the City Engineer.
(3) Street and Traffic Signs. Street name signs, stop signs, fire lane signs, no parking signs, and other directional or warning signs shall be installed at the developer's expense, at the locations and in compliance with the specifications of the Director of Public Safety or the City Engineer.
(4) Street Trees. The developer shall show the location of new street trees in the tree lawn or an adjacent area as determined by the City Arborist. The new street trees shall be of a variety and spacing as determined by the City Arborist.
(5) Additional Improvements. Additional improvements may be required for new buildings/developments requiring Site Plan Review Approval or a Conditional Zoning Certificate.
(6) Waiver. The City Engineer may waive these requirements for existing isolated single family residential lots when the street in general does not have these improvements.
(i) Outdoor Wood-Fired Hydronic Heaters. The construction and use of outdoor wood-fired hydronic heaters, also known as outdoor wood boilers or heaters, is prohibited in the City of Stow. This prohibition is due in part to the potential negative health impacts associated with these and the potential interference with use and enjoyment of adjacent properties in a reasonable manner.
(Ord. 2007-222. Passed 1-10-08.)
1185.02 TEMPORARY USES.
These regulations are necessary to govern the following uses which are of a non-permanent nature.
(a) Temporary Buildings or Uses.
(1) In commercial and industrial districts, temporary buildings or uses for purposes incidental to construction work shall be permitted provided they comply with the following regulations.
A. Such buildings or uses shall be permitted during the construction period.
B. Such buildings or uses not associated with a construction project, may be placed on commercial and industrial lots for up to 15 days in a calendar year without a permit. Temporary storage units placed on commercial and industrial lots for a period between 16 - 180 days in a calendar year shall require a temporary permit. Temporary storage units placed on commercial and industrial lots for a period more than 180 days in a calendar year shall require approval from City Council.
C. For temporary buildings or uses meeting the criteria in either subsections (a)(1)A. or B. above, such buildings or uses shall comply with all applicable setbacks for principal buildings and shall not be located in any required open space, landscaped area, right-of- way, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations.
(2) In residential districts, temporary storage units, shall be permitted provided they comply with the following regulations.
A. Temporary storage units, also known as "POD's - portable on- demand storage structures" for the purposes of this section shall be defined as: any container, storage unit, or other portable structure, other than an accessory building, that can be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building complying with all applicable regulations.
B. Temporary storage units shall be placed on a surface that is maintained in a durable and dustless condition consisting of oiled crushed stone, asphalt, bituminous, concrete, or equivalent surfacing. Such units shall not exceed 8 feet in height, 8 feet in width and 16 feet in length.
C. Temporary storage units may be placed on residential lots for up to 15 days in a calendar year without a permit. Temporary storage units placed on residential property for a period between 16-60 days in a calendar year shall require a temporary permit. Temporary storage units placed on residential property for a period more than 60 days in a calendar year shall require approval from City Council.
D. No more than one (1) temporary storage unit shall be permitted on a property at any one time.
E. Temporary storage units shall not be located in any required open space, landscaped area, right-of-way, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations.
(3) In residential districts, roll-off dumpsters, shall not be permitted unless they comply with the following regulations.
B. Roll-off dumpsters shall be placed on a surface that is maintained in a durable and dustless condition consisting of oiled crushed stone, asphalt, bituminous, concrete, or equivalent surfacing.
C. Roll-off dumpsters may be placed on residential lots for up to 30 days in a calendar year without a permit. Roll-off dumpsters placed on residential property for more than 30 days in a calendar year shall require approval by the Planning Director.
D. No more than one (1) roll-off dumpster shall be permitted on property at any one time without approval of the Planning Director.
E. Roll-off dumpsters shall not be located in any required open space, landscaped area, right-of-way, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations.
F. Any Roll-off dumpster subject to this section and in use on the effective date of Ordinance 2013-129 shall be subject to the regulations provided herein and shall not be considered a prior non-conforming use.
(Ord. 2013-129. Passed 10-24-13.)
(b) Temporary Circuses and Carnivals.Temporary circuses, carnivals, tent shows, sideshows and artificial curiosity exhibits, with the approval of Council, may be permitted. Application shall be made directly to Council. Plans shall be submitted indicating the proposed stages of operation and the future uses or rehabilitation to be carried out on the site. A bond shall be posted guaranteeing that plan will be carried out.
(c) Temporary Commercial Sales. Temporary commercial sales, such as sales of plants, flowers, trees, arts and craft and similar items, may be permitted according to the following:
(1) Industrial and Commercial Districts: Applications for temporary commercial sales on a lot located in an industrial or commercial district shall be submitted to the Planning Director for approval and may be permitted for up to three months at one site in any twelve month period. All sales areas, including tents and other temporary structures, shall comply with the principal building setbacks.
(2) Residential Districts: Temporary sales shall be permitted according to the following:
A. Garage Sales. Garage sales, which for the purposes of this section shall include yard sales and similar activities, shall be permitted in any residential district. Any family may conduct two such sales within a twelve-month period upon the property at which they reside for a period not to exceed three consecutive days without obtaining a zoning certificate, provided the provisions of this Zoning Code pertaining to signs and parking are observed.
B. Institution Sales Lasting Three Days or Less. The Planning Director may authorize an institution to conduct a sales event provided that such event shall be limited in time to no more than three days.
C. Institution Sales Lasting Longer Than Three Days. Council may authorize an institution to conduct a sales event that lasts longer than three days. Application shall be made directly to Council. A site plan shall be submitted along with a written statement from the property owner giving his/her permission for such use if such event is conducted on property other than that which is owned by the institution.
D. Produce Grown on the Premises.The sale of seasonal agricultural products grown or produced on the premises shall be permitted without obtaining a zoning certificate.
(Ord. 2007-222. Passed 1-10-08.)
1185.03 REQUIREMENTS FOR PUBLIC SITES.
Regardless of the facilities, sites or open space to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space.
(a) The developer shall offer for dedication one-tenth acre per gross acre in a proposed cluster development, planned unit development, multi-family development or planned residential development to the City for park, playground, or open space purposes.
(b) The City shall require that the dedication of public sites for all such residential projects be in conformity with the City's Comprehensive Plan. When the land areas shown on the Comprehensive Plan for any affected public sites exceed the amount required above in a particular residential development, and when the same becomes apparent upon presentation of a preliminary plan to the Planning Commission, the City shall, before the final approval is given by the City, have the right to purchase the additional acreage for public sites as shown upon the Comprehensive Plan. The price therefore shall be a price agreed upon between the applicant and the City, acting through its Board of Control, or if not agreed upon, a price determined according to law in court proceedings. If the City and the applicant do not agree upon a purchase price for the acreage, or if the City does not agree upon a purchase price for the acreage, or if the City does not institute land appropriation proceedings within 45 days after the final approval of the plan by the Planning Commission, the applicant may then proceed to develop the additional lands as part of the residential development in order that the use, conveyance, or transfer thereof may not be impaired for an unreasonable period of time.
(c) If no public site is indicated on the Comprehensive Plan in the residential development and City Council shall determine that private recreational facilities maintained by the applicant are not of equivalent value to the dedication otherwise required hereunder, then the City Council shall select land upon recommendation of the Planning Commission and the Parks and Recreation Board, which is suitable for public sites, public parks, or playgrounds, or public open space purposes; or, the applicant shall in lieu thereof, should City Council decline to accept or select land as a public site and should Council further determine that private recreational facilities maintained by the applicant are not of equivalent value to the dedication otherwise required hereunder, pay a fee established by ordinance per dwelling unit.
(1) The value of the entire property shall be determined by mutual agreement of the applicant and the City. In the event the parties are unable to agree to the value thereof, the value of the entire property shall be determined by three appraisers, one to be selected by the applicant, one by the City, and one agreeable to both applicant and the City.
(2) Any payments, including interest, in lieu of the dedication of public land shall be used to purchase land or to make permanent improvements to a neighborhood park, community park, park-school site or other appropriate site. Permanent improvements shall be limited to those improvements, facilities, and equipment which are designed specifically for permanent installation and use at the site and may include recreational courts, fields, and fixed play equipment, shelters and other buildings, trails, bridges and walks, landscaping, tree plantings, lawns, and parking lots and drives.
(d) Planning Commission and Council may determine that the private recreational facilities proposed as part of the development are of equivalent value to provide adequate recreational opportunities for the residents of the proposed development, in which case the Planning Commission and Council may waive the dedication requirement.
(e) Whenever possible, the public sites in adjoining residential developments shall be located together so that larger, more usable sites are created.
(f) Any land proposed for publicly owned and maintained recreational use shall be suited and improved for such purposes. Unless waived by Council upon the recommendation of the Parks and Recreation Board and the Planning Commission, at least 50 percent of the land proposed for recreational use shall be made usable and improved for neighborhood recreational purposes.
(g) Improvements for recreational purposes shall include, at the minimum, the fine grading, seeding, and fertilizing of proposed playfields to produce an easily mowable condition, the removal of all debris, the clearing of City-designated brush and undesirable and diseased trees, the improvement of storm water drainage and management facilities, as specified by the City Engineer, and the construction of sidewalks, pathways, hiking and bike trails, access drives and parking areas, and other permanent improvements as specified in the approved plan for the proposed residential development.
(h) Prior to the finalization of the plans for the proposed residential development and prior to the plans being given final approval by the Planning Commission, the preliminary plans, including specific information on all proposals for open space, natural area preservation, and recreational land and facilities shall be submitted to the parks and recreation board for review and recommendation.
(i) All proposed improvement for open space, natural area preservation, or recreational purposes shall be included in the construction plans for the proposed residential development, shall be approved by the City Engineer, and shall be covered by financial guarantees for performance and maintenance.
(j) The requirements of this section shall not duplicate similar requirements which may have been made on a proposed development through the Stow subdivision regulations. However, if the number or density of dwelling units has increased or other applicable characteristics of the development have changed since the development was approved by the City under the requirements of Section 1123.05 and other sections of the Stow subdivision regulations, then additional requirements may be made under the requirements of this section.
(Ord. 2007-222. Passed 1-10-08.)
1185.04 MAINTENANCE REQUIREMENTS.
(a) General.
(1) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
(2) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(b) Exterior Property Areas.
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(2) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approve retention areas and reservoirs.
(3) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(4) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(5) Accessory structures. All accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair.
(6) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(c) Exterior Structure.
(1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(2) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. When thirty percent (30%) of the exterior structure is peeling, flaking or chipping, or otherwise in disrepair, a violation will be deemed to have occurred. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight.
(3) Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public way. All numbers shall be in Arabic numerals at least 3 inches (76mm) high and ½-inch (13mm) stroke.
(4) Foundation walls. All foundation walls shall be maintained free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents.
(5) Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(6) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(7) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(8) Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(9) Stairway, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(10) Chimneys and towers. All chimneys, cool towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(11) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(12) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(13) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition.
(14) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(d) Rubbish and Garbage.
(1) Accumulation of rubbish or garbage. All exterior property and premises shall be free from any accumulation of rubbish or garbage.
(2) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner.
(e) Notice of Violation. Whenever the Zoning Compliance Officer determines that there has been a violation of any of the provision of this section, written notice of such violation shall be given to the owner, lessee, agent, or tenant having charge of the structure or property. Such notice shall include a list of violations, refer to the section violated and order remedial action that will effect compliance with the provisions of this section, and specify a period of thirty (30) days to comply. Service of notice of violation shall be by personal delivery to the person or persons responsible; certified mail addressed to the person or persons responsible at the last known address; or posting a copy of the notice in a conspicuous place on the premises.
(f) Hearings. Any person affected by any notice and order which has been issued in connection with the enforcement of any of the provisions of this section may appeal the matter to the Board of Zoning and Building Appeals in accordance with Section 1137.05.
(g) Penalty. Whosoever violates any provision of this section is guilty of a minor misdemeanor, punishable by up to a one hundred dollar ($100.00) fine, for each offense. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of Section 1185.04, the offender is guilty of a misdemeanor of the third degree. The imposition of a penalty shall not excuse the violation or permit it to continue and the application of such penalty shall not be held to prevent the enforced removal of prohibited conditions.
(h) Civil Remedies. The City of Stow, the Mayor on behalf of the City of Stow, or any officer designated by the Mayor on behalf of the City of Stow may, in addition to the criminal remedies provided in this section, file suit for injunction against any violation of this section.
(Ord. 2007-222. Passed 1-10-08.)
1187.01 PURPOSE.
The purpose of this ordinance is to provide for the use, location and size of satellite dish receiving antennas in a manner that recognizes their growing use as an alternative to other systems and/or facilities currently available in the community and, at the same time, protects property values and the residential qualities of neighborhoods and the community in general. These regulations do not apply to dish antennas 1 meter (39.37 inches) in diameter or less.
(Ord. 2007-222. Passed 1-10-08.)
1187.02 SITE AND DEVELOPMENT REQUIREMENTS.
Satellite dish receiving antennas shall be considered accessory structures and shall comply with the following requirements regarding location, height, size, mounting, construction and landscaping.
(a) Sites Located in O-Conservation or Residential Districts. Sites located in Conservation or Residential Districts shall comply with the following:
(1) A ground mounted satellite dish antenna shall be permitted only in the rear yard, provided that the satellite dish antenna, including its concrete base slab or other substructure or the antenna in any possible position, shall be constructed or installed no less than six feet from a property line or easement.
(2) The height of a ground mounted satellite dish antenna shall not exceed 15 feet.
(3) A satellite dish antenna may be mounted on a pipe extension and/or on the roof of any accessory building, provided the pipe and/or accessory building shall be located in the rear yard. The complete dish antenna, including any parts thereof and in any possible position, shall not exceed the maximum height of the primary structure or 35 feet in height above the average grade existing at the site prior to antenna installation or site modifications, whichever height limit is less.
(4) The maximum diameter of the dish antenna shall not exceed 12 feet.
(5) No more than one dish antenna may be installed on any single parcel of land or lot.
(6) As a conditional use the Planning Commission and Council may approve the installation of a satellite dish antenna upon the roof of a residential dwelling or attached garage.
(b) Sites Located in Commercial or Industrial Districts. Sites located in Commercial and Industrial Districts shall comply with the following:
(1) A ground mounted satellite dish antenna shall be permitted in the rear yard. The height of a ground mounted satellite dish antenna shall not exceed 20 feet.
(2) A satellite dish antenna may be mounted upon the roof or top of a principal or accessory building located in a Commercial or Industrial District. However, such antenna shall not be mounted upon an appurtenance such as a chimney, spire, or sign. Roof mounted antennas may exceed the maximum building height specified for the district or use, as provided by Section 1185.01(c)(1).
(3) Roof mounted dish antennas shall be located to minimize their visibility from a street or residential property adjoining the site of the satellite dish antenna.
(4) As a conditional use, a satellite dish antenna may be installed in a front yard or required side yard with the prior recommendation of the Planning Commission and approval by Council. The satellite dish antenna shall be constructed with appropriate vision impairing fences of at least six feet in height and/or evergreen landscaping to reasonably conceal or screen said antenna from view from adjacent properties or streets.
(5) One satellite dish antenna shall be permitted on a single parcel of land or lot. As a conditional use, multiple antenna installation may be permitted when recommended by the Planning Commission and approved by Council.
(c) Construction, Materials and Connections. Satellite dish antennas located in any district shall comply with the following:
(1) No satellite dish antenna shall be linked, physically or electronically, to a television set or radio receiver which is not located on the same or adjacent lot, premises or parcel of land as the satellite dish antenna.
(2) All structural supports shall be of rot or corrosion protected materials.
(3) Wiring between a satellite dish antenna and a receiver shall be placed at least 4 inches beneath the surface of the ground within rigid conduit or be of other burial designed materials.
(4) Such satellite dish antenna shall be designed to withstand a wind force of 75 miles per hour without the use of supporting guy wires.
(5) Any driving motor or other associated equipment shall be limited to 36v maximum power design supply unless the affected equipment is encased in protective guards and the power supply wiring is buried at least 18 inches beneath the surface.
(6) All dish antenna installations must be grounded.
(7) All dish antenna shall be installed in compliance with all other applicable revisions of the Building and Electrical Codes.
(Ord. 2007-222. Passed 1-10-08.)
1187.03 ZONING CERTIFICATE REQUIRED.
No person, firm, partnership, corporation, trust or other legal entity shall install a satellite dish antenna without first obtaining a zoning certificate from the Planning Director.
(Ord. 2007-222. Passed 1-10-08.)
1188.01 PURPOSE.
(a) The purpose of these regulations is to promote the health, safety and general welfare of the citizens of the City by protecting residential areas and facilities where children are likely to be present from the potential negative secondary effects from sexually oriented businesses as defined in this chapter. The City Council of Stow has reviewed the studies from several other local governments, police departments, and planning agencies regarding the potential negative secondary effects of Sexually Oriented Businesses and has concluded that the following are the potential negative secondary effects: increased crime including prostitution, health concerns including sexually transmitted diseases, reduction in property values and contribution to blight.
(b) The provisions of this chapter have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(Ord. 2007-222. Passed 1-10-08.)
1188.02 DEFINITIONS.
(a) “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(b) “Adult bookstore, adult novelty store or adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: persons who appear in a state of nudity or semi-nude; or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(d) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, videodisks, CD-ROM disks or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(e) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
(f) “Nude model studio” means any place where a person who appears semi-nude, in a state of nudity, or who displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Ohio or a college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; and shall be located in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
(g) “Nudity or a state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(h) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(i) “Semi-nude or in a semi-nude condition” means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
(j) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(k) “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(l) “Specified anatomical areas” means the human male genitals in a discernibly turgid state, even if completely and opaquely covered; or less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(m) “Specified sexual activities” means any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or excretory functions as part of or in connection with any of the activities set forth above.
(n) “Regularly features” for the purposes of this chapter, “regularly features” means, with respect to an Adult Theater or Adult Cabaret, a regular and substantial course of conduct, such that films or performances shown constitute a substantial portion of the films or performances offered as part of the regular business of the Adult Theater or Adult Cabaret.
(Ord. 2007-222. Passed 1-10-08.)
1188.03 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
The location of sexually oriented businesses shall comply with all of the regulations contained in this section.
(a) In order to minimize the potential negative secondary effects of sexually oriented businesses on residential districts and facilities where children are present, sexually oriented businesses shall, in addition to complying with the regulations in Chapters 1147 and 1163 and any other applicable regulations contained in the Codified Ordinances, shall be located in an I-2 district and a minimum distance of 1000 feet from:
(1) Any residential district or residential use;
(2) Any church or place of worship;
(3) Any public or private school, library, child day care facility, nursery school, preschool, or other similar use;
(4) Any public park, recreational trail or other similar use; or
(5) Another sexually oriented business.
(b) In order to minimize the potential negative secondary effects of sexually oriented businesses on children who are likely to travel through the intersection of Hampshire and Allen Roads, sexually oriented businesses shall be located no closer than 750 feet from the center point of the intersection of Hampshire and Allen Roads.
(c) In order to minimize the potential negative secondary effects of sexually oriented businesses on persons traveling on the public bike trail, no sexually oriented businesses shall be located on the west side of Allen Road considering the relative seclusion of the bike trail along the east side of State Route 8 and its accessibility to the rear of the properties along Allen Road.
(d) For the purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of any church or place of worship, public or private school, library, child day care facility, nursery school, preschool, or to the nearest boundary of an affected public park or recreational area, residential district, or residentially used lot.
(e) For the purposes of this chapter, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by subsequent location of a church or place of worship, public or private school, child day care facility, nursery school, preschool, public park or recreational area, residential district, or a residentially used lot.
(Ord. 2007-222. Passed 1-10-08.)
1188.04 EFFECT OF PARTIAL INVALIDITY.
If any section, subsection, subparagraph or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, subparagraphs and clauses shall not be affected.
(Ord. 2007-222. Passed 1-10-08.)
1189.01 PURPOSE.
It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(f) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(g) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(h) Minimize the impact of development on adjacent properties within and near flood prone areas;
(i) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(j) Minimize the impact of development on the natural, beneficial values of the floodplain;
(k) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(l) Meet community participation requirements of the National Flood Insurance Program.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1189.02 METHODS OF REDUCING FLOOD LOSS.
In order to accomplish its purposes, these regulations include methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 2007-222. Passed 1-10-08.)
1189.03 LANDS TO WHICH THESE REGULATIONS APPLY.
These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Stow as identified in Section 1189.04, including any additional areas of special flood hazard annexed by the City of Stow.
(Ord. 2007-222. Passed 1-10-08.)
1189.04 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
For the purposes of these regulations, the following studies and/or maps are adopted:
(a) Flood Insurance Study Summit County, Ohio and Incorporated Areas and Flood Insurance Rate Map Summit County, Ohio and Incorporated Areas both effective July 20, 2009.
(b) Other studies and/or maps which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard include:
(c) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City Engineer of Stow as required by Section 1189.20 "Subdivision and Large Developments."
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City of Stow, 3760 Darrow Road, Stow, Ohio 44224.
(Ord. 2009-102. Passed 6-25-09.)
1189.05 ABROGATION AND GREATER RESTRICTIONS.
These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1189.06 INTERPRETATION.
In the interpretation and application of these regulations, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1189.07 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Stow, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(Ord. 2007-222. Passed 1-10-08.)
1189.08 SEVERABILITY.
Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2007-222. Passed 1-10-08.)
1189.09 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal. A request for review of the floodplain administrator’s interpretation of any provision of these regulations or a request for a variance.
(c) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
(d) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(e) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(f) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(g) Enclosure Below the Lowest Floor. See “Lowest Floor.”
(h) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(i) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.
(j) Fill. A deposit of earth material placed by artificial means.
(k) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) Flood Hazard Boundary Map (FHBM).Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community, depicting approximate special flood hazard areas.
(m) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(n) Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following area the zone definitions:
(1) Zone A:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
(2) Zones A1-30 and Zone AE:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
(3) Zone AO:
Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) Zone AH:
Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
(5) Zone A99:
Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
(6) Zone B and Zone X (shaded):
Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
(7) Zone C and Zone X (unshaded):
Areas determined to be outside the 500-year floodplain.
(o) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(p) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus 1 foot of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.
(q) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is not more than a designated height. In no case shall the designated height be more than one-half (0.5) foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(r) Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(s) Historic Structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio’s inventory of historic places maintained by the Ohio Historic Preservation Office.
(t) Hydrologic and Hydraulic Engineering Analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(u) Letter of Map Change (LOMC).A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps and Flood Insurance Studies. LOMC’s are broken down into the following categories:
(1) Letter of Map Amended (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR).A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(3) Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(v) Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an “enclosure below the lowest floor” which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(w) Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(x) Manufactured home park. As specified in the Ohio Administrative Code 3701-27- 01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(y) National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(z) New construction. Structures for which the “start of construction” commenced on or after the initial effective date of the City of Stow Flood Insurance Rate Map, July 17, 1978, and includes any subsequent improvements to such structures.
(aa) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. “Agency” does not include the general assembly, the controlling board, the adjutant general’s department, or any court.
(bb) Recreational vehicle. A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(cc) Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of Section 4703.01 to 4703.19 of the Revised Code.
(dd) Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Revised Code.
(ee) Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Revised Code.
(ff) Special Flood Hazard Area. Also known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
(gg) Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(hh) Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ii) Substantial damage.Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(jj) Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure which is considered “new construction,”
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.
(kk) Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.
(ll) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1189.10 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The City of Stow Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration; remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1189.04 until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development’s location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1189.22.
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1189.21(e) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1189.26(c).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one-half (0.5) foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1189.26(b).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1189.26(a).
F. Generation of base flood elevation(s) for subdivision and large scale developments as required by Section 1189.20.
(e) Permit Fee. A floodplain development permit fee is hereby established in the amount of $100.00 per acre of floodplain to be developed.
(Ord. 2007-222. Passed 1-10-08.)
1189.11 REVIEW AND APPROVAL OF A FLOODPLAIN DEVELOPMENT PERMIT APPLICATION.
(a) Review.
(1) After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1189.10 has been received by the Floodplain Administrator.
(2) The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(b) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(c) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(d) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner’s representative.
(2) For all development activities subject to the standards of Section 1189.14, a Letter of Map Revision.
(Ord. 2007-222. Passed 1-10-08.)
1189.12 REVOKING A FLOODPLAIN DEVELOPMENT PERMIT.
A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. If the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1189.28 of these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1189.13 EXEMPTION FROM FILING A DEVELOPMENT PERMIT.
An application for a floodplain development permit shall not be required for:
(a) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(b) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(c) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
(d) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(e) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1189.14 MAP MAINTENANCE ACTIVITIES.
To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the City of Stow’s flood maps, studies and other data identified in Section 1189.04 accurately represent flooding condition so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(a) Requirements to Submit New Technical Data.
(1) For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
A. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
B. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
C. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
D. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1189.20.
(2) It is the responsibility of the applicant to have technical data, required in accordance with Section 1189.14(a), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(3) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
A. Proposed floodway encroachments that increase the base flood elevation; and
B. Proposed development which increases the base flood elevation by more than one-half (0.5) foot in areas where FEMA has provided base flood elevations but no floodway.
(4) Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1189.14(a)(1).
(b) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Stow, and may be submitted at any time.
(c) Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Stow have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Stow’s Flood Insurance Rate Map accurately represent the City of Stow’s boundaries, include within such notification a copy of a map of the City of Stow suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Stow has assumed or relinquished floodplain management regulatory authority.
(Ord. 2007-222. Passed 1-10-08.)
1189.15 DATA USE AND FLOOD MAP INTERPRETATION.
The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(a) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(b) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(c) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
(1) Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
(2) Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist of where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided the FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(d) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided at Sections 1189.27 to 1189.31.
(e) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevation or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1189.16 SUBSTANTIAL DAMAGE DETERMINATION.
Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such damage event, the Floodplain Administrator shall:
(a) Determine whether damaged structures are located in special flood hazard areas;
(b) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(c) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 2007-222. Passed 1-10-08.)
1189.17 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTIONS.
1189.18 USE REGULATIONS.
(a) Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the City of Stow are allowed provided they meet the provisions of these regulations.
(b) Prohibited Uses.
(1) Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
(2) Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(Ord. 2007-222. Passed 1-10-08.)
1189.19 WATER AND WASTEWATER SYSTEMS.
The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(a) All new replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(b) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(c) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(Ord. 2007-222. Passed 1-10-08.)
1189.20 SUBDIVISION AND LARGE DEVELOPMENTS.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
(d) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less; and
(Ord. 2007-222. Passed 1-10-08.)
1189.21 RESIDENTIAL STRUCTURES.
(a) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (Section 1189.21(a)) and construction materials resistant to flood damage (Section 1189.21(b)) are satisfied.
(b) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(c) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(d) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(e) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
(1) Be used only for the parking of vehicles, building access, or storage; and
(2) Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
(3) Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(f) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(g) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this chapter.
(Ord. 2007-222. Passed 1-10-08.)
1189.22 NONRESIDENTIAL STRUCTURES.
(a) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1189.21(a) through (c) and (e) through (g).
(b) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
(1) Be dry floodproofed so that the structure is watertight with wall substantially impermeable to the passage of water to the level of the flood protection elevation;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
(3) Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1189.22(b)(1) and (2).
(Ord. 2007-222. Passed 1-10-08.)
1189.23 ACCESSORY STRUCTURES.
Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(a) They shall not be used for human habitation;
(b) They shall be constructed of flood resistant materials;
(c) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
(d) They shall be firmly anchored to prevent flotation;
(e) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(Ord. 2007-222. Passed 1-10-08.)
1189.24 RECREATIONAL VEHICLES.
Recreational vehicles must meet at least one of the following standards:
(a) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(b) They must be fully licensed and ready for highway use, or
(Ord. 2007-222. Passed 1-10-08.)
1189.25 ABOVE GROUND GAS OR LIQUID STORAGE TANKS.
All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(Ord. 2007-222. Passed 1-10-08.)
1189.26 ASSURANCE OF FLOOD CARRYING CAPACITY.
Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(a) Development in Floodways.
(1) In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
(2) Development in floodway areas causing increased in the base flood elevation may be permitted provided all of the following are completed by the applicant:
B. An evaluation of alternatives which would not result in increased base flood elevation and an explanation why these alternatives are not feasible;
C. Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
D. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
E. Concurrence of the Mayor of the City of Stow and the Chief Executive Officer of any other communities impacted by the proposed actions.
(b) Development in Riverine Areas with Base Flood Elevations but No Floodways.
(1) In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one-half (0.5) at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
(2) Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one-half (0.5) foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
A. An evaluation of alternatives which would result in an increase of one-half (0.5) foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
(c) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its bank. The extent of the banks shall be established by a field determination of the “bankfull stage.” The field determination of “bankfull stage” shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
(1) The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
(2) Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
(3) The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter in to an agreement with City of Stow specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
(4) The applicant shall meet the requirements to submit technical data in Section 1189.13(a)(1)C. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 2007-222. Passed 1-10-08.)
1189.27 APPEALS AND VARIANCES.
(a) Appeals Board Established. The Board of Zoning and Building Appeals as established by the Stow Charter and this chapter of the Codified Ordinances of Stow shall hear and decide appeals and variance requests submitted under this section.
(b) Powers and Duties.
(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1189.28 APPEALS.
(a) Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 20 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator’s decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator’s decision was made to the Appeals Board.
(b) Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(Ord. 2007-222. Passed 1-10-08.)
1189.29 VARIANCES.
Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(a) Application for a Variance.
(1) Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
(2) Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
(3) All applications for a variance shall be accompanied by a variance fee in an amount equal to the variance fee as set by Council for variances submitted under Chapter 1137.05.
(b) Notice for Public Hearing. Notice of public hearing shall be given in accordance with Chapter 1137.05 of the Codified Ordinances of Stow.
(c) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents of flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(6) The necessity to the facility of a waterfront location, where applicable.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
(1) A showing of good and sufficient cause.
(2) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
(3) A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
(4) A determination that the structure or other development is protected by methods to minimize flood damages.
(5) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purpose of these regulations.
(d) Other Conditions for Variances.
(1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1189.29(c)(1) through (c)(11) have been fully considered. As the lot size increases beyond one-half acres, the technical justification required for issuing the variance increases.
(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 2007-222. Passed 1-10-08.)
1189.30 PROCEDURE AT HEARING.
All procedures before the Board shall be conducted in accordance with Section 1137.05 of the Codified Ordinances of Stow.
(Ord. 2007-222. Passed 1-10-08.)
1189.31 APPEAL TO THE COURT.
Those aggrieved by the decision of the Appeals Board may appeal such decision to the Summit County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 2007-222. Passed 1-10-08.)
1189.32 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1189.12.
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1189.99.
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1189.99.
(b) Notice of Violations. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefor and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(Ord. 2007-222. Passed 1-10-08.)
1189.99 VIOLATIONS AND PENALTIES.
Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a second degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Stow. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Stow from taking such lawful action as is necessary to prevent or remedy any violation. The City of Stow shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 2007-222. Passed 1-10-08.)
1191.01 PURPOSE.
The following regulations define the legal status of lots, uses of land, structures, and uses of structures and land in combination which do not conform to this Zoning Code but which existed or were in operation prior to the effective date of this Code, or amendments thereto. The legitimate interest of those who lawfully established these nonconformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution. Nevertheless, while it is the intent of this Code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. Accordingly, the completion, restoration, reconstruction, extension or substitution of nonconformities shall be subject to these regulations and shall be allowed upon review by Planning Commission and approval by Council for all uses, except single-family and two-family residential uses in residential districts, which shall be upon approval by the Board of Zoning and Building Appeals.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1191.02 COMPLETION OF CONSTRUCTION WITH EXISTING ZONING CERTIFICATE.
Nothing in this Zoning Code shall prohibit the completion of the construction and use of nonconforming buildings for which a zoning certificate has been issued prior to the effective date of this Code, or amendments thereto, provided that construction is commenced within 90 days after the issuance of the certificate, that construction is carried on diligently and without interruption and that the entire building is completed within two years after the issuance of the zoning certificate.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1191.03 CONTINUATION OF NONCONFORMING USES.
A use of land or building or land and building in combination lawfully existing on the effective date of this Zoning Code, or when any amendment to this Zoning Code becomes effective, may be continued and necessary maintenance and repairs made, so long as it remains otherwise lawful, subject to the following provisions:
(a) Alterations. Upon the consideration and recommendation of the Planning Commission and only upon the approval of Council shall a building or structure containing a nonconforming use be altered, improved, or reconstructed, provided the work does not exceed in aggregate cost the assessed value of the building or structure. Otherwise the building or structure shall be changed to a conforming use.
(b) Extension. Upon the consideration and recommendation of the Planning Commission and only upon the approval of Council shall a building or structure containing a nonconforming use be extended. The extension of a lawful use to any portion of a building or structure which existed prior to the enactment of this Zoning Code shall not be deemed the extension of the nonconforming use.
(c) Change in Use. A nonconforming use may be changed to another nonconforming use provided that Council, upon prior consideration and recommendation by the Planning Commission, determines that the proposed nonconforming use is less in conflict with the character and intent of the zoning district than the existing nonconforming use. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. 2007-222. Passed 1-10-08.)
1191.04 TERMINATION OF NONCONFORMING USES.
The right to maintain and operate a nonconforming use shall terminate immediately in the event one or more of the following occurs:
(a) Discontinuance and Abandonment. Whenever a nonconforming use has been discontinued for a period of 6 months or more, the discontinuance shall be considered legal abandonment of the nonconforming use. At the end of the 6-month period, the nonconforming use shall not be reestablished, and any further use shall be in conformity with the provisions of this Zoning Code.
(b) Damage or Destruction. In the event that any building or structure devoted to a nonconforming use is destroyed by any means to the extent of more than its assessed value, as determined for tax purposes by the county auditor, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Code.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1191.05 NONCONFORMING CONDITIONAL USE.
Uses existing prior to the enactment of this Zoning Code which are listed as conditional uses in the district in which they are located shall be considered as nonconforming uses if they do not fully comply with the conditions for the conditionally permitted use set forth in this Code.
(Ord. 2007-222. Passed 1-10-08.)
1191.06 CONTINUED USE OF NONCONFORMING LOT OR STRUCTURE.
If, at the effective date of this Code or future amendment, there exists a lawful use of a zoning lot and/or building which, under the terms of this Code as adopted or so amended, is a permitted principal use in the district in which it is located but which does not, under the terms of this Code as adopted or so amended, conform to the regulations of this Code with respect to lot width, lot area, off-street parking, yards, height, lot coverage, or other regulations, standards or requirements concerning such lot or structure, or such use thereof, such use of land and/or structure may be continued, except as otherwise specifically provided in this Code, so long as it remains otherwise lawful, subject to the following provisions:
(a) Alterations. A nonconforming building or structure, including access drives and parking areas, may be repaired, remodeled, reconstructed or structurally altered provided no such nonconforming building or site condition, except as provided in subsection b, shall be structurally altered or extended in a way which increases its nonconformity.
(b) Reconstruction. Should such nonconforming building, except those devoted to a single family or two family use, be destroyed or damaged by any means to an extent of more than its assessed value, as determined for tax purposes by the county auditor, it shall not be reconstructed except in conformity with all the provisions of this Code generally applicable to such structure in the district in which it is located. Single family dwellings and two family dwellings that are damaged or destroyed may be reconstructed provided the extent of nonconformity is not increased and provided the structure is reconstructed completely within the subject property boundaries.
(c) Change in Principal Use of Lot or Building. The use of such land and/or building may be changed to any other permitted principal use in the district in which it is located so long as the nonconformity is not increased and so long as the new use complies with any special regulations, standards or requirements specified by this Code for such use.
(d) Change In Conditional Use. A conditional use of land and/or building may be changed to another conditional use when approved pursuant to Section 1137.04 as long as any nonconformity is not increased. However, as a condition of approval for a conditional use permit, the Planning Commission may require that the level of nonconformity of a nonconforming building, structure or site condition be reduced. (Ord. 2018-86. Passed 9-27-18.)
1191.07 NONCONFORMING LOTS OF RECORD.
Any lot of record which is nonconforming in area, width or depth at the time of the adoption of this Zoning Code and which does not adjoin any land under the same ownership as said lot, may be used as a building site as long as the yard setbacks and minimum floor area will be met. Buildings to be constructed on nonconforming lots located in R-1, R-2, R-3, and R-B Districts, however, shall be utilized for single-family dwelling purposes only.
(Ord. 2007-222. Passed 1-10-08.)
CODIFIED ORDINANCES OF STOW