Streetsboro City Zoning Code
TITLE FIVE
Zoning General Provisions
APPENDIX Zoning Map Changes
Ord. No. Date Description
1980-26 2-25-80 Rezoning parts of Lot 56 at intersection of Seasons Rd. and SR 43; 12.5 acres from R-2 Medium Density Urban Residential to R-3 Multi-Family Urban Residential District; 2.5 acres from R-2 Medium Density Urban Residential to O-C Open Space Conservation District.
1980-61 5-27-80 Rezoning parts of Lot 45 from R-O Residential Office and R-2 Medium Density Urban Residential as follows: 9.3633 acres to R-O Residential; 13.0979 acres to C-3 Highway Interchange Commercial; 23.4683 acres to C-1 Retail Office.
1980-66 6-23-80 Sublot 39 of Township Lot 45 from R-O Residence Office to C-1 Retail Office; Sublots 2. 1, 3 to 10, 12 and 12.1 of Township Lot 45 from R-2 Medium Density Urban Residential to C-1 Retail Office.
1980-105 11-24-80 Rezoning parts of Lot 56 from R-2 Medium Density Urban Residential as follows: 12.5 acres to R-3 Multi-Family Residential; 2.5 acres to O-C Open Space Conservation.
1981-11 1-2-81 Sublot 6.1 of Lot No. 35 from R-2 Medium Density Urban Residential to C-1 Retail Office.
1981-22 1-26-81 Rezoning 20.8493 acres of Lot No. 56 from R-2 Medium Density Urban Residential to R-3 Multi-Family Urban Residential.
1981-85 8-5-81 Rezoning 25 acres of Sublot No. 2 of Lot No. 3 from R-PUD Planned Unit Residential Development to I-1 Industrial Research and Office.
1981-86 8-5-81 Rezoning Sublot No. 6.3 of Lot No. 36 from R-1 Low Density Urban Residential to C-1 Retail Office District.
1982-3 1-25-82 Rezoning 1.0809 acres of Lots No. 33 and 34 from C-1 Retail Office District to C-3 Highway Interchange Commercial.
1982-5 1-25-82 Rezoning 20.8493 acres of Lot No. 56 from R-2 Medium Density Urban Residential to R-3 Multi-Family Urban Residential District.
1982-88 9-27-82 Rezoning properties located along Delores Drive from R-PUD Planned Unit Residential Development to R-1 Low Density Urban Residential.
1982-90 10-6-82 Rezoning properties located along Delores Drive from R-PUD Planned Unit Residential Development to R-1 Low Density Urban Residential.
1982-96 10-25-82 Amends Ord. 1980-61 to extend the time for development of property prior to the reversion of the zoning classification set forth in such ordinance.
1982-97 10-25-82 Amends Ord. 1981-86 to extend the time for development of property prior to the reversion of the zoning classification set forth in such ordinance.
1983-1 1-24-83 Amends Ord. 1981-22 to extend the time for development of the subject property to February 28, 1984.
1983-34 4-25-83 Amends Ord. 1981-22 to extend the time for development of the subject property to January 28, 1985.
1983-67 8-22-83 Amends Ord. 1981-86 to grant another extension of time for development of property prior to reversion of the zoning back to its original classification.
1984-129 12-17-84 Amends Ord. 1982-5 to extend the time period allowed for construction or change of use of the subject premises for one year.
1985-127 12-16-85 Amends Ord. 1982-5 to extend the time period allowed for construction or change of use for an additional two years.
1986-68 9-22-86 Rezones various parcels of land from R-PUD to I-1, R-1 and R-2.
1987-30 6-22-87 Rezoning approximately two acres of land located in Lot 45, Sublot 39 from C-1 to C-3.
1987-59 10-26-87 Rezones Wonderland properties from C-1 to C-2.
1987-72 11-23-87 Rezones 20.8493 acres of Lot No. 56 from R-2 to R-3.
1988-74 7-25-88 Rezones Streetsboro Lot No. 55, Sublots 1, 2, 3, 4, 5, 6, 7, 22.12, 22.11 to C-1 and Sublot 22.10 to C-1 and R-2.
1988-107 10-24-88 Rezones a 5.04 acres tract on State Route 14 from C-1 to C-3.
1990-78 9-24-90 Rezones 6.06 acres known as 9575 S.R. 14 from R-O to C-3.
1993-76 10-11-93 Rezones Lot #45, except sublot 008 from C-3 to C-1.
1994-115 11-28-94 Rezones 14.28 acres of property located in Lot #17 from I-1 to R-R.
1994-117 11-28-94 Rezones property off Stone Road in Lots 51, 52, 61 and 62 owned by R.C. Sauer from R-R/OC to R-1.
1995-06 1-23-95 Rezones a portion of property located at 9721 State Route 14 in Lot #33 from I-1 to C-3.
1995-07 1-23-95 Rezones a portion of property Lots #22, 31 and 32 from O-C to I-1.
1995-08 1-23-95 Rezones any property zoned C-1 and/or C-2 in the City to Business.
1995-17 8-28-95 Rezones a portion of Lot #7 and most of Lot #17 from R-R and I-1 to R-1.
1995-76 8-28-95 Rezones a portion of property located near the new Industrial Parkway off State Route 14 from I-1, R-1 and R-O and C-3 to B.
1995-77 8-28-95 Amends Zoning District Map.
1995-99 11-27-95 Rezones 62 acres located in New Industrial Parkway off State Route 14 from OC to I-1.
1996-75 7-1-96 Rezones 6.49 acres located at 8540 State Route 14 owned by Oliver and C.A. Allen from R-R to B.
1996-92 8-26-96 Rezones Lot #57 from R-2 to R-PUD.
1997-111 8-25-97 Rezones parts of Lots #33, 43 and 44 from R-R, R-1 and B to I-1, B and R-3.
1999-53 4-26-99 Portions of Lots #76 and 77 located on State Route 43 from R-R to R- 2.
2000-33 2-28-00 Portions of Lots #76 and 77 located on State Route 43 from R-2 to R- R.
2000-156 10-2-00 A portion of Parcel No. 35-055-00-00-039 within Lot No. 55 from R- 2 to B.
2000-209 12-18-00 Rezones parcels within Lot #44 along State Route 14 east of Gateway Tire from R-O to B.
2001-223 10-29-01 Rezones a parcel within Lot #1 from Flood Plain to I-1.
2003-29 2-24-03 Rezones property at 9442 State Route 43 from R-1 to B.
2003-68 4-28-03 Rezones property fronting both State Route 43 and Diagonal Road from R-R to R-1.
2004-101 6-28-04 Repeals Ord. 2004-14 rezoning a portion of the Boulder Creek Ltd. Land.
2004-140 9-27-04 Rezones land from R-R and R-2 to R-2A to reflect the new Medium Density Urban Restricted Residential District.
2004-141 9-27-04 Rezones 8.5 acres in Original Lot 44 from R-1 to R-O.
2004-183 11-22-04 Amends the former Zoning District Map as set forth in Exhibits B and C.
2004-210 12-27-04 Rezones 2.26 acres in Original Lot 16 from I-1 and Office District to B.
2005-143 11-28-05 13.50 acres in the northeast corner of State Route 43 and Frost Road from I-1 and B to B-T.
2008-123 7-28-08 Approximately 7 acres in Original Lot 7, the property along Page Road at the corner of Page Road and Miller Parkway from I-1 to R- 1.
2009-72 6-22-09 116.59 acres in Original Lots 53, 54 and 63, identified as Portage County Permanent Parcel Nos. 35-053-00-00-009-000, 35-053-00- 00-008-000, and 35-063-00-00-001-000, from R-R, R-T, R-1 and R-2, to R-3, R-1 and R-R.
2010-82 9-27-10 Authorizing a settlement agreement concerning the “Pennock Farm Lawsuit” to rezone property at issue from R-T and R-R to R-2.
2013-55 5-20-13 Correcting Ordinance 2005-143 which attempted to rezone certain parcels.
2015-71 8-3-15 Property located at 835/855 Classic Drive (10.273 acres), 885 Classic Drive (4.227 acres) and 900 Classic Drive (8.14 acres) from B to C-3.
2016-53 3-28-16 Permanent Parcel Nos. 35-007-00-00-002-000 and 37-007-00-00-003- 000 from R-1 (Low Density Urban Residential) to I-1 (Industrial, Research and Office).
2017-79 6-26-17 Permanent Parcel No. 35-027-00-00-018-000 from I-1 (Industrial, Research and Office) to R-1 (Low Density Urban Residential).
2022-110 Passed
by voters
11-8-22 Re-zones Permanent Parcel No. 35-027-00-00-013-000 from I-1 (Industrial, Research and Office) to R-1 (Low Density Urban Residential).
1151.01 CONDITIONS AND SAFEGUARDS.
(a) The Planning and Zoning Commission shall have the power to safeguard the intent and objectives of this Zoning Ordinance by imposing appropriate restrictions and safeguards as conditions of any approval it gives.
(b) In the exercise of the power to impose safeguards and conditions, the Planning Commission may, including but not limited to SR 14 and SR 303, have the power to limit or reduce street ingress and egress accesses as well as to require owners and developers to grant easements to adjacent property owners in such locations as the City Engineer shall require. These powers and conditions are exercised, in general, to assure public health, safety, welfare and convenience, to reduce the traffic impact along Streetsboro’s major thoroughfares and to permit traffic to flow safely from site to site along drives parallel to the state highways without having to cross multi-lane highways. (Ord. 1999-118. Passed 8-23-99.)
1151.02 INCONSISTENCIES.
In the event any of the requirements or regulatory provisions of these regulations are found to be inconsistent one with another, the more restrictive or greater requirements shall be deemed in each case to be applicable.
(Ord. 1989-51. Passed 8-28-89.)
1151.03 SPECIAL COSTS.
When the Planning and Zoning Commission or Board of Zoning and Building Appeals finds it necessary to maintain a strict record of public hearing procedures, or when either the Commission or Board deems it necessary to cause special studies to be made, then the applicant shall bear all direct and related costs. (Ord. 1989-51. Passed 8-28-89.)
1151.04 COMPLIANCE; PERMITTED USES.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land with public and/or privately developed improvements be used, arranged to be used or designed to be used, in a manner which does not comply with all of the district provisions established by these regulations for the districts in which the building or land is located.
(a) Uses which do not appear in the Zoning Ordinance by virtue of their omission from all permitted use lists, all conditionally permitted use lists, all accessory use lists and all other use lists are prohibited.
(b) A prohibited use may become a permitted use if Council passes an amendment incorporating the prohibited use into appropriate use lists for appropriate zoning districts.
(c) A prohibited use may become a permitted use if the City Planning Commission determines the use should be a permitted use in an appropriate zoning district because it is substantially similar in character to specifically permitted use in such district.
(Ord. 1989-51. Passed 8-28-89.)
1151.05 PROHIBITED USES.
No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of these regulations, and any additional conditions and requirements prescribed, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, electrical interference, refuse matter or water carried wastes. (Ord. 1989-51. Passed 8-28-89.)
1151.06 NUISANCE.
No use shall be permitted or authorized which, even though when conducted it complies with the requirements of applicable codes and permits, may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise vibration, electrical interference, refuse matter or water carried wastes.
(Ord. 1989-51. Passed 8-28-89.)
1151.07 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS.
All uses and associated premises, buildings, structures, activities, roads, parking areas, utilities, construction, shall be in compliance with the City subdivision regulations, applicable building codes and health code and all other applicable regulations adopted by Council and administered by Streetsboro and State building departments and County and State health departments.
(Ord. 1989-51. Passed 8-28-89.)
1151.08 TRANSITION AREAS.
To secure the optimum effect of transition from a residential to a higher-density residential or a nonresidential district, the Planning and Zoning Commission shall have the power to review, recommend, and regulate shade trees, street trees, shrubbery, and other vegetative plantings, natural earth moundings, walls, walks, or fences, or any combination of these on any property line of land under consideration, including buffer zones, in residential subdivisions, commercial developments, and the development of industrial parks or parcels, The plans and specifications including density and height figures for the overall site development shall include the proposed arrangement of such plantings.
(Ord. 2004-183. Passed 11-22-04.)
1151.09 SUBSTANDARD LOTS.
Any lot greater than 5,000 square feet in area, but not meeting minimum area requirements and being a lot of record or lot for which a land contract has been issued or any lot within an unrecorded allotment, of which at least one-half of such lots are of record and have been sold on land contract on the effective date of this Zoning Ordinance, may be used for a single-family dwelling irrespective of the area, depth or width of such lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot, provided, however, that in no instance shall the minimum dimensions of the side and rear yards be less than five and twenty feet respectively.
(Ord. 1989-51. Passed 8-28-89.)
1151.10 LOTS, YARDS AND OPEN SPACE.
No space which for the purpose of a building has been counted or calculated as part of a side yard, rear yard, front yard or other open spaces required by these regulations may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of, or for, any other building.
(Ord. 1989-51. Passed 8-28-89.)
1151.11 FRONT YARD VARIANCES IN RESIDENTIAL DISTRICTS.
In any R district where the average depth of at least two existing front yards on lots within 200 feet of the lot in question and within the same block front is less than the least front yard depth prescribed elsewhere in these regulations, the required depth of the front yard on such lot may be modified by the Planning and Zoning Commission pursuant to Chapter 1152. In such cases, this shall not be less than the average depth of the existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, provided, however, that the depth of the front yard on any lot shall not be less than twenty feet and need not exceed 100 feet.
(Ord. 1989-51. Passed 8-28-89.)
1151.12 PROTECTION INTO YARD AREAS.
Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, beltcourses, cornices and ornament features projecting not to exceed twelve inches. This requirement shall not prevent the construction of fences not exceeding six feet in height except on that portion of lots within thirty feet of the intersection of two or more streets. The ordinary projection of chimneys or flues is permitted into the required side, rear and front yards. Terraces, uncovered porches, platforms and ornamental features (first story) may not project into a required side yard.
(Ord. 1989-51. Passed 8-28-89.)
1151.13 CORNER LOTS AND DOUBLE FRONTAGE LOTS.
Corner lots in all districts shall have a side yard setback equivalent to the front yard setback for any side yard contiguous to a public or private street. Double frontage lots shall be deemed to have two front yards each subject to the front yard setback.
(Ord. 2018-109. Passed 9-10-18.)
1151.14 VISIBILITY ON CORNER LOTS.
No obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points thirty feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the roadway so as not to obstruct a clear view by motor vehicle drivers. (Ord. 1989-51. Passed 8-28-89.)
1151.15 MINIMUM LIVING FLOOR AREA PER DWELLING UNIT.
No structure shall be erected for use as a dwelling unless the following minimum floor area per dwelling unit is provided:
Single-family dwelling: | 1450 square feet and a minimum of a two car garage. |
Two-family dwelling: | 1250 square feet and a minimum of a two car garage each unit. |
No dwelling shall be less than twenty-four feet (24') in width. | |
Multi-family apartments: | |
Three-bedroom suites: | 1300 square feet of living area for each unit. |
Two-bedroom suites: | 1024 square feet of living area for each unit. |
One-bedroom suites: | 845 square feet of living area for each unit. |
One room efficiency: | 585 square feet of living area for each unit. |
These are minimum square feet requirements and include kitchen and bath areas but do not include utility, storage rooms or basement areas.
(Ord. 1994-94. Passed 9-26-94.)
1151.16 PERMITTED HEIGHT EXCEPTION PER DWELLING
UNIT.
(a) Except as specifically stated in other parts of these regulations, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouse or 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, flagpoles, chimneys, smokestacks, wireless masts, water tanks or similar structures may be erected above the height limits herein. No such structure may be erected to exceed by more than fifteen feet the height limits of the district in which it is located; nor shall such structure have a total area greater than twenty-five percent (25%) of the roof area of the building; nor shall such structure be used for any purpose other than a use incidental to the main use of the building. Radio, television and wireless aerials or masts may be erected to any height.
(b) Public or semi-public buildings, when permitted in a district, may be erected to a height not to exceed thirty-four feet, except that churches and temples may be erected to a height not to exceed seventy-five feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located. (Ord. 1989-51. Passed 8-28-89.)
1151.17 PRINCIPAL BUILDING IN RESIDENCE DISTRICTS.
Except as provided in Section 1151.18, no more than one dwelling unit shall be permitted on any lot located in the O-C, R-R, R-T, and R-1 districts, and every dwelling shall be located on a lot having required frontage on a public street unless otherwise specifically stated in these regulations.
(Ord. 2024-20. Passed 1-22-24.)
1151.18 ACCESSORY DWELLING UNIT.
In the F-P, O-C, R-R, R-T, R-1, R-2, and R-3 districts, not more than one accessory dwelling unit ("ADU") as defined and limited in Section 1103.02 may be considered a permitted accessory use to a single-family dwelling., Except as specifically provided in Section 1151.34, no ADU shall be rented, leased, let or hired out to be occupied or used as a place of transient accommodation.
(Ord. 2024-163. Passed 11-25-24.)
1151.19 STRUCTURES CONSTRUCTED NEAR OIL, GAS, BRINE WELLS OR STORAGE TANKS.
Structures, or any parts thereof, shall not be erected, located or constructed closer than 100 feet from existing oil, gas, brine wells or storage tanks. (Ord. 1989-51. Passed 8-28-89.)
1151.20 TEMPORARY BUILDINGS.
Temporary buildings for use incidental to construction work may be erected in any of the zone districts herein established, however, such temporary building or buildings shall be removed upon the completion or abandonment of the construction work. Location of temporary structures shall be indicated on site plans submitted to the Planning and Zoning Commission for approval pursuant to Chapter 1152.
(Ord. 1989-51. Passed 8-28-89.)
(Ord. 1989-51. Passed 8-28-89.)
1151.21 DETACHED ACCESSORY BUILDINGS.
An accessory building may only be erected upon a lot on which a principal building or use already exists. The use of the accessory building must be secondary and incidental to the principal building or use. An accessory building which is attached to the principal building shall be considered an addition to the principal building and shall comply with all the requirements and regulations that are applicable to the principal building.
(a) Location.
(1) The permitted location of detached accessory buildings shall be as follows:
A. In the R-R and O-C zoning districts, detached accessory buildings may be permitted to be located in any direction relative of the principal building. Detached accessory buildings located in front of a principal building shall not encroach into the required front yard that applies to a principal building.
B. For all other residential districts or uses, detached accessory buildings shall be located behind the rear building wall of the principal building.
C. In non-residential districts detached accessory buildings may be permitted to the side or rear of the principal building. Detached accessory buildings shall not be permitted in front of a principal building, with exceptions for drive-through canopies, parking canopies, and outdoor seating canopies. Detached accessory buildings shall not encroach into the required front yard that applies to a principal building.
D. In the instance that a permitted principal use exists, but there is not a principal building, a detached accessory building shall not encroach into the required front yard that would apply to a principal building.
(b) Setbacks.
(1) In all zoning districts a detached accessory building shall not be located closer than ten (10) feet from the principal building, except for an open air canopy or pergola which shall not require a setback from the principal building.
(2) In the R-1, R-2, R -3, R-T, and R-O zoning districts, a detached accessory building shall not be located closer than five (5) feet from the side and rear property lines.
(3) In the R-R and O-C zoning districts, a detached accessory building shall not be located closer than twelve (12) feet from the side and rear property lines.
(4) In all zoning districts, on a double frontage or corner lot, the detached accessory building shall not be located in a manner that creates a clear vision conflict between adjacent driveways, pedestrian walkways/sidewalks, and/or roadways.
(5) Non-residential zoning districts or uses shall have a minimum setback for detached accessory buildings when adjacent to a residential zoning district or use, per the following:
A. When a detached building is 15 feet or less in height, the minimum required setback shall be 5 feet from the side and rear property lines.
B. When a detached building is over 15 feet and up to 20 feet in height, the minimum required setback shall be 12 feet from the side and rear property lines.
C. When a detached building is over 20 feet, the building shall meet the side and rear yard setback applicable to the principal building in the zoning district where located.
(c) Lot Coverage.
(1) In the R-1, R-2, R-3, R-T, and R-O zoning districts, one or more accessory buildings (not including swimming pools) shall not occupy more than ten percent (10%) of the "usable building area".
(2) In the R-R and O-C zoning districts, one or more accessory buildings (not including swimming pools) shall not occupy more than twenty-five percent (25%) of the "usable building area".
(3) "Usable building area" means the area of the yard in which a detached accessory building is permitted and excludes the required front yard where applicable, detached accessory building setbacks from side and rear property lines, and setback requirements from the principal building.
(d) Height.
(1) In the R-1, R-2, R-3, R-T, and R-O zoning districts, the height of a detached accessory building shall not exceed fifteen (15) feet.
(2) In the R-R and O-C zoning districts, the height of a detached accessory building shall not exceed thirty-four (34) feet.
(3) In all other districts the height of a detached accessory building shall not exceed the height of the principal building.
(Ord. 2025-124. Passed 9-8-25.)
1151.22 SWIMMING POOLS.
Public or private in-ground or above-ground swimming, wading or other pools containing over one and one-half feet of water depth shall be considered as structures for the purpose of permits, shall not be located in front or side yards, but may be located in rear yards subject to location regulations pertaining to accessory structures. The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the applicable City codes. Every pool defined as a structure shall be completely surrounded by a fence or wall not less than four feet in height; such fence shall be constructed so as to have no openings, holes or gaps larger than four (4) inches in any dimension, except for doors or gates which shall be equipped with suitable locking devices to prevent unauthorized intrusion. An accessory building may be used in or as part of such enclosure. Pools above-ground having vertical surfaces of at least four feet in height shall be required to have fences and gates only where access may be had to the pool.
(Ord. 2023-20. Passed 1-23-23.)
1151.23 FENCE AND WALL REGULATIONS.
Any fence or wall shall be well maintained, harmonious and appropriate in appearance with the existing character of the immediate area in which it is to be located, and shall not be hazardous or disturbing to existing or future neighboring uses. All fences shall be installed so that the smooth or decorative finished side is facing outwards and all horizontal, diagonal, or supporting members shall be placed on the interior side of such fence.
(a) In the O-C, R-R, R-1, R-2 and R-T Districts, or on single-family lots in the R-3, R-PUD, and R-O Districts, fences and walls may be permitted in any yard provide that no fence or wall located in any front yard shall exceed a maximum height of three (3) feet. In the O-C and R-R Districts fences may be permitted in the front yard not to exceed four (4) feet, only if said fence has a minimum of fifty percent (50%) of the area of the vertical surface open to light and air and is set back a minimum of ten (10) feet from any right-of-way. In all districts, fences and walls may be permitted in side and rear yards to a maximum height of six (6) feet.
(b) In the B, B-T, C-3 and I-1 Districts and on non-single-family lots in the R-3 and R-O Districts, fences and walls may be permitted in any required yard provided that in any required front yard, no fence or wall shall exceed a maximum height of four (4) feet; and in any required side or rear yard, no fence or wall shall exceed a maximum height of eight (8) feet.
(c) Notwithstanding and as an exception to subsection (b) hereof, in the I-1 District, the fences, walls and gates required of a medical marijuana processor shall not exceed a maximum height of six (6) feet in a required front yard and eight (8) feet in a required side or rear yard, regardless of opacity, provided, however, that any fence, wall, or gate in a required front yard that exceeds the height limits contained in subsection (b) shall be set back at least one hundred fifty (150) feet from the public right-of-way.
(Ord. 2023-144. Passed 11-13-23.)
1151.24 GENERAL PERFORMANCE STANDARDS.
All uses and activities established after the effective date of this Zoning Ordinance shall comply with the following standards:
(a) Noise.
(1) The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals, institutional or governmental or quasi-public activities) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conforms to specifications published by the American Standards Association.
(2) Sound pressure levels shall be measured at the lot line of the property from which the emission occurs. The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows: (All of the decibel levels stated below shall apply in each case.)
Octave Band Center Frequency Hertz | Maximum Permitted Sound Pressure Level Deceibels re 0.0002 Microbar |
31.5 | 83 |
63 | 78 |
125 | 72 |
250 | 64 |
500 | 57 |
1000 | 51 |
2000 | 46 |
4000 | 41 |
8000 | 38 |
(3) If the noise is not smooth and continuous or is radiated during sleeping hours, the decibel levels given above shall be adjusted as follows:
Type of Operation or Character of Noise | Corrections in Decibels |
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. | -6 |
Noise occurs less than five percent (5%) of any one-hour period. | +6 |
Noise is of periodic character (hum scream, etc.,) or is of impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.) | -6 |
(b) Vibrations. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines with the exception of vibration produced as a result of construction or demolition operations.
(c) Dust, Fumes, Vapors and Gases.
(1) The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals, vegetation, or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is prohibited.
(2) No smoke shall be emitted from any chimney or other source, of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U. S Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than six minutes in any thirty minute period.
(3) No emission of liquid or solid particles from any chimney or other source shall exceed five-tenths grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. At the source, allowable particulate matter in combustion gases shall not exceed one pound per million BTU input.
(d) Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.
(e) Heat. No use shall produce heat detectable without the aid of instruments beyond its lot lines.
(f) Glare. No use shall produce a strong, dazzling light or a reflection thereof beyond its lot lines.
(g) Storage and Waste Disposal.
(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, except tanks or drums of fuel directly connected with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
(2) All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.
(3) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(h) Floodways. Permitted uses in any district shall not encroach upon the relatively flat land adjoining watercourses of the Cuyahoga River and Tinkers Creek drainage areas, and subject to overflow therefrom. No construction, storage, or fill shall be permitted which would cause increase in the height or velocity of floods, downstream damage of properly, pollution of the water course, or health hazards on the premise.
(Ord. 1989-51. Passed 8-28-89.)
1151.25 TRUCK REGULATIONS.
(a) Truck routes in and out of developments under construction shall be established in such a way as to minimize the wear on public roads and prevent hazards and damage to other properties in the community.
(b) The Service Director may require prior to issuing any permit, construction agreement or similar device a bond or cash deposit for the road over which trucks must travel, when the Service Director or City Engineer determines that such road is not in condition, design or intent for the size, weight or speed of the vehicle necessary or anticipated for such facility while under construction or in the operation of such facility upon completion of construction.
(c) In the event the construction has been determined to have damaged the road, the developer is liable for back charges by the City for any damages or nuisances caused to the road, and such will be part of the construction agreement. (Ord. 1989-51. Passed 8-28-89.)
1151.26 SEWERAGE AND WATER FACILITIES.
When central sanitary sewerage facilities and central water facilities are not available, the minimum lot size shall be one and one-half acre for a single-family dwelling and two acres for a two-family dwelling, where permitted, unless a larger area is required by these regulations and/or the responsible health authority.
(Ord. 1989-51. Passed 8-28-89.)
1151.27 ZONING CERTIFICATE BASED ON SANITARY SEWERAGE DISPOSAL FACILITY APPROVAL.
No zoning certificate shall be issued without evidence that the responsible health authority has approved the proposed sanitary sewerage disposal facilities for the use for which the zoning certificate has been requested.
(Ord. 1989-51. Passed 8-28-89.)
1151.28 CONSTRUCTION.
1151.29 REVIEW OF PLANTINGS.
The Planning Commission shall have the power to review, recommend and regulate shade trees, street trees, shrubbery and other vegetative plantings, including buffer zones, in residential subdivisions, commercial developments and the development of industrial parks or parcels as required by this Ordinance. (Ord. 1989-51. Passed 8-28-89.)
1151.30 WETLAND PROTECTION.
Wetlands that are required by the U.S. Army Corp of Engineers or the Ohio EPA to be retained and protected shall be further protected by the following:
(a) A buffer area having a width not less than 20 feet, measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state; and
(b) A minimum building and pavement setback of 35 feet, measured from the edge of the designated wetland.
These buffers may be increased by the Planning and Zoning Commission where the type of wetland so require, but in general shall not exceed 300 feet. In making a determination on the appropriate buffer width, the Planning and Zoning Commission may consult with technical experts such as the City Planning Director, City Engineer, and Soil and Water Conservation District, or others qualified (including those offered by the applicant), to provide a recommendation to the Planning and Zoning Commission.
(Ord. 2004-183. Passed 11-22-04.)
1151.31 CONSERVATION OF RIPARIAN ZONES.
A riparian buffer shall be provided along the entire length and on both sides of a river or perennial stream channel. The buffer area shall have a width not less than 50 feet, measured from the river or stream bank. Small streams without clearly defined high water marks shall be measured from the stream centerline. This buffer may be increased by the Planning and Zoning Commission where the type of stream, slope of the stream banks, surrounding soils, vegetation, land uses, and the function of the stream so require, but in general shall not exceed 300 feet. In making a determination on the appropriate buffer width, the Planning and Zoning Commission may consult with technical experts such as the City Planning Director, City Engineer, and Soil and Water Conservation District, or others qualified (including those offered by the applicant), to provide a recommendation to the Planning and Zoning Commission.
The area within this buffer shall not be disturbed and shall be retained in its natural state, except that walking or bike trails and other non-intrusive uses may be permitted to be located within the riparian buffers when the Planning and Zoning Commission determines that such use will create minimal impacts within the buffer and to the stream.
(Ord. 2004-183. Passed 11-22-04.)
1151.32 MEDICAL MARIJUANA AND ADULT USE CANNABIS.
(a) The following uses are expressly not permitted as principal, accessory or conditionally permitted uses in any use district:
(1) Medical marijuana cultivator,
(2) Medical marijuana processor,
(3) Medical marijuana testing laboratory,
(4) Adult use cannabis cultivator,
(5) Adult use cannabis processor,
(6) Adult use cannabis testing laboratory.
(b) Prior to receiving a zoning certificate authorizing the establishment of a medical marijuana or adult use cannabis retail dispensary, an applicant for said certificate shall provide, in addition to the standard application materials, verification of compliance with the physical separation requirements contained in Sections 3796.30 and/or 3780.07 of the Ohio Revised Code, as applicable. (Ord. 2024-92. Passed 6-10-24.)
1151.33 PLACES OF TRANSIENT ACCOMMODATION.
(b) Places of transient accommodation, other than transient hotels and short-term residential rentals, are not permitted as a principal use, accessory use or conditional use in any zoning district.
(c) An occupant, guest or tenant of any place of transient accommodation who remains resident for more than thirty (30) consecutive days shall be deemed to reside there with the consent of the facility's management, regardless of whether the occupant, guest or tenant has checked out and/or relocated to another room in the same facility.
(d) An extended stay hotel, residential hotel, or SRO facility will be considered a legal non-conforming use on and after the effective date of this section only if on that date it is legally operating as an extended stay hotel, residential hotel, or SRO facility under a valid license issued pursuant to Ohio Revised Code §3731.03. The legal non-conforming use will be deemed discontinued if the license is later surrendered, revoked, or terminates by expiration.
(Ord. 2024-163. Passed 11-25-24.)
1151.34 SHORT-TERM RESIDENTIAL RENTALS.
No dwelling unit shall be used as a short-term residential rental except in conformance with this section.
(a) In the O-C, R-R and R-T districts, on a lot where a single-family dwelling is the principal use, the principal dwelling and/or any conforming ADU may be used as a short-term residential rental.
(b) In the R-1 and R-2 districts, a conforming ADU that is attached to the principal dwelling may be used as a short-term residential rental.
(c) In the B and I-1 districts, a legal non-conforming single-family dwelling existing as a principal use on the effective date of this section may be used as a short-term residential rental.
"Conforming," for the purposes of this section, means that the ADU conforms to the definition of accessory dwelling unit contained in Section 1103.02(a)(1.1) of these Ordinances. (Ord. 2024-163. Passed 11-25-24.)
1151.35 SMALL SOLAR FACILITIES
Purpose and Intent. The purpose of this Section is to provide for the construction and operation of Small Solar Facilities as accessory uses in various Zoning Districts within the City, to provide standards for the placement, design, and operation of such facilities in order to protect the public health, safety, and general welfare, and to minimize the adverse impacts of Small Solar Facilities on adjacent properties and on the aesthetic quality of the City.
(a) Definitions.
(1) "Ground Mounted Solar Energy Systems": means a solar energy system that mounts a solar panel or panels and facilities on or above the ground.
(2) "Integrated Solar Energy Systems": means a solar energy system that is incorporated into or replaces standard building materials and does not have mounting equipment. For example, these systems may include materials that replace traditional roofing, shingle, or siding materials, awnings, canopies, skylights, or windows.
(3) "Rooftop Solar Energy Systems": means a solar energy system that is mounted to a structure or building's roof on racks.
(4) "Small Solar Facility": means a Solar Energy System and associated facilities with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of less than fifty (50) megawatts.
(5) "Solar Energy": means radiant energy (direct, diffused, or reflected) received from the sun that can be collected and converted into thermal or electrical energy.
(6) "Solar Energy System": means a system and associated facilities that collect Solar Energy, which may include, but is not limited to, an Integrated Solar Energy System, Rooftop Solar Energy System, or Ground Mounted Solar Energy System.
(b) General Requirements.
(1) Small Solar Facilities are meant to primarily serve the property on which it is located. The amount of energy generated by a small solar facility that is fed back to a public utility should not exceed the amount of energy utilized on-site.
(2) Integrated or Rooftop Solar Energy Systems.
A. Height: The maximum height of any Integrated or Rooftop Solar Energy System shall not exceed the maximum height applicable to the principal and/or accessory buildings of the zoning district where located. An Integrated or Rooftop Solar Energy System mounted on a roof shall not vertically exceed the highest point of the roof to which it is attached.
B. Coverage:
i. Rooftop Solar Energy System: May cover up to 100% of a building's roof, but shall not extend beyond the edges of the roof.
ii. Integrated Solar Energy Systems:
a. Roofing/Shingles: Up to 100%
b. Awnings/Canopies: Up to 100%
c. Windows/Skylights: Up to 100%
d. Siding/Exterior Materials:
i. Public right-of-way facing: Not permitted.
ii. Non-public right-of-way facing: Up to 25%, as accent
(3) Ground Mounted Solar Energy Systems.
A. Location: Any Ground Mounted Solar Energy Systems must comply with the location requirements for detached accessory buildings applicable to the zoning district where located, per Section 1151.21.
B. Setbacks: Any Ground Mounted Solar Energy Systems must comply with the setback requirements for detached accessory buildings applicable to the zoning district where located, per Section 1151.21.
C. Lot Coverage: Ground Mounted Solar Energy Systems shall be included as part of any "usable building area" calculation for detached accessory buildings applicable to the zoning district where located, per Section 1151.21. In the event a zoning district does not have a lot coverage limit for detached accessory buildings all Ground Mounted Solar Energy System(s) shall not exceed twenty-five percent (25%) of the "usable building area".
D. Height:
i. In the R-R and O-C Districts, the maximum height of any Ground Mounted Solar Energy System at any point shall not exceed ten (10) feet from era de.
ii. In all other zoning districts, the maximum height of any Ground Mounted Solar Energy System at any point shall not exceed six (6) feet from grade.
E. Visual Buffer/Screening: In the R-R and O-C Districts, no visual buffer/screening shall be required. ln all other zoning districts, the following visual buffer/screening shall be provided:
i. A Ground Mounted Solar Energy System shall have a visual buffer of natural vegetation, plantings, and/or fencing that provides reasonable visual screening to minimize view of and noise from the Solar Energy System on adjacent lots and from any public right-of-way.
ii. Any fencing, walls and/or screening installed in connection with the Solar Energy System shall be in compliance with Section 1151.23 and all applicable fencing, wall, and/or screening restrictions set forth within the City. Fencing shall be maintained in good repair and in a good aesthetic manner at all times.
F. Lighting: All lights associated with the Small Solar Facility must narrowly focus light inward toward the equipment, be downlit and shielded, and prohibit any spillover onto any adjacent property or rights-of-way.
(4) Maintenance. Solar Energy Systems must be maintained in good working order at all times. The owner of the property and owner of the Solar Energy System shall, within thirty (30) days of permanently ceasing operation of a Solar Energy System, provide written notice of abandonment to the Planning & Zoning Director. An unused Solar Energy System shall stand no longer than three (3) months following abandonment. All costs associated with the dismantling/demolition of the Solar Energy System and associated equipment shall be borne by the
property owner. A Solar Energy System is considered abandoned when it ceases transmission of electricity for thirty (30) consecutive days. Removal includes removal of all apparatuses, supports, foundations, conduit, and/or other hardware associated with the existing Solar Energy System and, in the case of Ground Mounted Solar Energy Systems includes returning the property to a graded, seeded and/or landscaped state similar to its condition prior to the construction/installation.
(c) Zoning Certificate Requirements.
(1) Residential. All small solar facilities that are accessory to a residential use shall be required to obtain a Small Solar Zoning Certificate to ensure compliance with the requirements of Section 1151.35(b).
(2) Non-Residential.
A. Small solar facilities that are accessory to a non-residential use including twenty five (25) or fewer panels shall be required to obtain a Small Solar Zoning Certificate.
B. Small solar facilities that are accessory to a non-residential use including greater than twenty five (25) panels shall be subject to a Site Plan Review or Site Plan Amendment review and approval by the Planning Commission, prior to obtaining a Small Solar Zoning Certificate.
C. Small Solar Facility Site Plan Review/Amendment Requirements.
iii. A report providing:
a. Data specifying the megawatt size and generating capacity in megawatts of the Small Solar Facility in relation to the average electric energy demand of the on-site principal and/or accessory uses.
b. Hazardous materials containment and disposal plan.
iv. A maintenance schedule as well as a dismantling plan that outlines how the Small Solar Facility, including all equipment and components thereof, will be dismantled at the end of their use and/or upon abandonment.
v. Any other information or materials requested by the Planning and Zoning Director.
(Ord. 2025-124. Passed 9-8-25.)
1152.01 PURPOSE.
The purpose of this chapter is to establish procedures for site plan review as well as provide general site design and planning guidelines. These site planning guidelines are intended to insure that all elements required in this chapter are present in a site plan and that their design, location and relationship to one another, to the site and to adjacent properties are appropriate to achieve the intent and goals of this chapter. The site planning guidelines are intended to guide the site plan review process to make sure that significant design elements shall be considered in future development.
(Ord. 1989-48. Passed 8-28-89.)
1152.02 SITE PLAN REVIEW.
(a) The Planning and Zoning Commission shall conduct a site plan review for the following types of projects and developments:
(1) New construction of all uses, except:
A. Single-family and two-family dwellings, if permitted, within the F-P, O-C, R-R, R-T, R-1, R-2, R-3, R-G, R-PUD, C-R and R-OS Overlay zoning districts; and
B. Agricultural and their accessory or subordinate uses.
(2) Changing the use or architectural feature, including building color, of an existing building or structure to another use or architectural feature, except single-family and two-family dwellings and agricultural uses.
(3) Projects (except single family, two-family or agricultural) that are contemplating an addition or expansion which have any of the following effects:
A. Increase the floor area by fifteen percent (15%) or more of the existing floor area.
B. Alterations or re-arrangement of on-site parking which results in a reduction or increase in the number of parking spaces or placement within a required front yard.
C. Alteration of traffic flow by way of ingress and egress, or within the site itself.
D. Construction of public or private off-street parking areas where permitted in this Zoning Ordinance.
(4) Site plan amendment.
A. Any approved site plan may be amended by request of the applicant for site plan amendment.
B. The amended site plan shall show specifically what is proposed to be changed and details on the change. This may be accomplished by submitting applicable information in accordance with this chapter.
(b) No development or change of use described in Section 1152.02 shall be permitted until the site plan has been reviewed and approved by the Planning and Zoning Commission, and they determine that the plan is consistent with the purposes and requirements of this Zoning Code, and that the requirements of this chapter have been satisfied.
(Ord. 2024-41. Passed 2-26-24.)
1152.03 SITE PLAN APPLICATION.
(a) All projects described in Section 1152.02 shall necessitate the filing of an application for site plan review with the Zoning Inspector, who shall determine the completeness of the application as per this section. If the application is not complete, the Zoning Inspector shall not accept the application and shall inform the applicant of the application's inadequacies. No application shall be accepted until all fees are paid, as per Section 1107.08 of this Code.
(Ord. 1989-48. Passed 8-28-89.)
1152.04 SITE PLAN REQUIREMENTS.
(a) The application for site plan review shall include the following items:
(1) Application form completed.
(2) Architectural plans (three copies), showing exterior elevations and floor plans. If exterior elevations are not available, reasonable graphic representations may be submitted.
(3) The site plan drawings (fourteen copies), showing the following items:
A. General vicinity map.
B. Property boundary lines and adjacent streets.
C. Elevation contours.
D. Traffic, circulation plan.
E. Parking and loading plan.
F. Landscaping plan.
G. Existing structures.
H. Proposed signage.
I. Utilities plan.
J. Grading, sedimentation and erosion control plan.
(b) All site plan drawings shall be prepared by a professional engineer, architect or surveyor, and shall have their seal on the plans.
(c) The site plan shall show provision for control of erosion, sedimentation and stormwater. The goal of these provisions are to prevent sediment from leaving the site and to allow no increase in stormwater runoff. The Portage Soil and Water Conservation District, soil scientists, or other competent agencies shall review the site plan. When planning and applying these provisions the following principles will be followed:
(1) Control sediment with silt fence and siltation basins. The basins will be designated and installed before the construction begins so that all of the surface water from exposed areas passes through these basins. Silt fencing will be installed as needed. The basins will be designated in accordance with the Soil Conservation Service specifications.
(2) The basins will be cleaned out as needed to maintain adequate retention time.
(3) Temporary seedings will be done to all areas when construction continues through or is not completed before the winter season. Seeding will be completed before October 1.
(4) At construction completion, stormwater retention basins will be established by conversion of sediment basins or other means. Stormwater retention practices will be designed so that post construction runoff is the same as pre-construction runoff. No after construction increase in amount of peak flow will be allowed.
(5) Assistance in completion of the site plan can be obtained from the Portage Soil and Water Conservation District at 6970 State Route 88 in Ravenna, Ohio 44266, 216/296-4311.
(6) 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, etc.
(7) Provisions shall be made to effectively accommodate the increased run- off caused by changed soil and surface conditions during and after development. (Use, etc.).
(8) The permanent final vegetation and structures shall be installed as soon as practical in the development, use restoration, rehabilitation, etc.
(9) The development, extraction or use plan shall be fitted to the topography and soils so as to create the least erosion potential.
(10) Wherever feasible, natural vegetation should be retained and protected.
(d) Waste Disposal Plans.
(1) Site plans shall show location and screening/fencing materials for outdoor refuse collection areas, also known as dumpster enclosures, which shall be screened/fenced on three sides with a fully opaque gate on the fourth side, and shall show adequate ingress and egress for trucks to haul refuse away. Dumpster enclosures shall be similar in character to the materials of the principal structure to which the enclosure is accessory. Acceptable gate materials include wood or metal; chain link gates shall be prohibited.
(2) Site plans shall be accompanied by a statement for industrial uses of how hazardous wastes will be handled including a statement that no poisonous or hazardous wastes will be discharged into the sanitary sewer or storm sewer, other than EPA acceptable levels.
(e) Site plans for multifamily units shall provide for centralized TV antenna.
(f) Site plans shall show that the relationship between buildings, open spaces, roads, drives, parking areas are located and related so as to minimize the possibility of adverse impacts upon adjacent development.
(g) A list of property owners within 250 feet of the property lines of subject property, as they appear on the County Auditor's current tax list or Treasurer's mailing list.
(h) Copies of current tax maps for subject and above properties shall be submitted.
(Ord. 2023-63. Passed 4-10-23.)
1152.05 ENVIRONMENTAL ASSESSMENT REPORT.
The policy of the City shall be to use all practicable means and measures to create and maintain conditions under which man and nature can exist in productive harmony and fulfill the social, economic and other requirements of present and future generations. Every resident has a responsibility to the environment. There is a need to understand the relationship between the maintenance of high quality ecological systems and the general welfare of the people of the City, including their enjoyment of the natural resources of the City. It is the intent of the City that the protection and enhancement of the environment shall be given appropriate weight with social and economic consideration in public policy. Social, economic and environmental factors shall be considered together in reaching decisions on proposed activities. In order to carry out the provisions of this Section 1152.05, it is the continuing responsibility of the City to use all practicable means, consistent with other essential considerations, to improve and coordinate plans, facilities, program and resources to the end that the City may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations.
(2) Assure for all residents safe, healthful, productive and aesthetically and culturally pleasing surroundings.
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences.
(4) Preserve important historic, cultural and natural aspects of our heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice.
(5) Achieve a balance between growth and resource use which will permit high standards of living and wide sharing of life's amenities.
(6) Enhance the quality of renewable resources and approach the optimum attainable recycling of depletable resources.
(b) Required Information. Each environmental assessment report prepared in accordance with this Section 1152.05 shall include the following:
(1) A description of the proposed action;
(2) A description of the existing environmental setting;
(3) The favorable and adverse environmental impacts of the proposed action;
(4) The means and estimated costs necessary to minimize the adverse impacts;
(5) Identification of alternatives to the proposed action including their impact on the environment;
(6) Identification of any irreversible commitment of natural resources as a result of the proposed action;
(7) The growth-inducing aspects of the proposed action as related to natural resources; and
(8) A calculation of the recommended maximum residential density, if applicable.
(c) Review of Environmental Assessment Report. The environmental assessment report shall be presented to the Planning and Zoning Commission along with the site plan or proposal under consideration. Prior to any determination on the proposed project, the Planning and Zoning Commission shall review and consider the environmental assessment report together with any comments submitted by the administrative departments or others.
(d) Basis for Approval. The Planning and Zoning Commission shall not grant preliminary approval of any project or development unless it finds that the environmental impact of the project or development shall be in harmony with the City’s present development, and shall not have adverse effects on the physical or cultural environment.
(Ord. 2004-183. Passed 11-22-04.)
1152.06 ADMINISTRATIVE AND PLANNING REVIEW.
Once a complete application for site plan review or site plan amendment has been filed, the Zoning Inspector shall:
(a) Circulate copies of the site plan to:
(1) Planning Commission: five copies;
(2) Planning Director: one copy;
(3) Service Director: one copy;
(4) County Sanitary Engineer: one copy;
(5) City Engineer: one copy;
(6) Police Chief: one copy;
(7) Fire Chief: one copy;
(8) Ward Council member: one copy;
(9) File: one copy;
(10) Portage Soil and Water Conservation Service: one copy; and such others as necessary for review and comments. The technical reports and recommendations shall be presented in writing at the next regular Planning and Zoning Commission meeting available after administrative review is completed. The Clerk of the Planning Commission shall receive a copy of the site plan at the time the others are transmitted for informational purposes. Technical reviews shall be returned to the Zoning Inspector within thirty days from the date mailed unless the Zoning Inspector specifies a longer time period on the comment form.
(b) Arrange for a meeting with the applicant after comments and recommendations have been returned if there are any negative comments. Any necessary revisions should be made prior to the Planning Commission meeting.
(c) Advise the Clerk of the Planning Commission when site plan is ready for official review and provide copies of the administrative review reports and any other appropriate documents for the Planning and Zoning Commission meeting. Formal presentation of the site plan at this meeting shall be the basis for taking of action by the Planning Commission.
(d) Notify property owners and other parties by mail, fifteen days prior to the Planning Commission meeting at which the subject site plan will be considered.
(Ord. 1989-48. Passed 8-28-89.)
1152.07 PLANNING COMMISSION REVIEW.
The Planning Commission shall then review the site plan to determine compliance with this Code and fulfillment of planning and design objectives. The Planning Commission shall approve or disapprove within ninety days of the date of the initial Planning Commission meeting. If modifications are required, the applicant shall be notified of necessary modifications. The Commission shall have an additional thirty days to approve or disapprove the site plan once the modifications have been re-submitted at the Planning Commission meeting. An extension of time may be taken if mutually agreed to in writing.
(Ord. 1989-48. Passed 8-28-89.)
1152.08 NOTIFICATION OF ACTION.
(a) The Planning Commission may seek expert advice or cause special studies to be made during the review time period and such costs shall be borne by the applicant, but shall not exceed five hundred dollars ($500.00) (except PUDs) which sum shall be deposited with the City at the request of the Planning Commission.
(b) If approved, the applicant shall be notified in writing. The Chairman of the Planning Commission shall sign and date a copy of the approved plans, which shall become the officially approved site plan. From that date, the applicant shall have one year to obtain a zoning permit from the Zoning Inspector. Failure to obtain the permit within one year, shall cause the approved site plan to be invalid and the applicant must re-apply in accordance with Section 1152.03 of this Zoning Ordinance. Each reapplication shall be accompanied by a fee as specified in Section 1107.08.
(c) If the plan is disapproved, the applicant shall be notified in writing. The plan may not be re-submitted to the Commission for one year from the official decision, unless revisions are made to bring the site plan into conformance. (Ord. 1989-48. Passed 8-28-89.)
1152.09 CONFORMANCE TO SITE PLAN APPROVAL.
(a) Site plan approval may be revoked if proposed development has not been issued a zoning occupancy permit and is found to be violating the requirements of this Zoning Ordinance and/or any condition attached to site plan approval by the Planning Commission.
(b) In order to revoke a site plan approval, the Commission shall schedule a hearing and notify the original applicant or project representatives twenty days prior to the hearing by certified mail.
(c) In the event that the Commission decides to revoke approval the occupancy permit shall not be issued until the Commission certifies that the violation(s) has been corrected.
(d) Where such a violation involves a project where an occupancy permit has been issued, the violation shall be treated as a violation to this Zoning Ordinance and be subject to penalty as specified in Section 1107.11.
(Ord. 1989-48. Passed 8-28-89.)
1152.10 STAGED DEVELOPMENT.
Where a proposed site plan shows a staged development, each stage shall be constructed within the timeframe specified in Section 1107.05.
(Ord. 1989-48. Passed 8-28-89.)
1152.11 FINANCIAL GUARANTEES.
Prior to issuance of zoning permits, a cash bond or other financial guarantee shall be placed on deposit with the Finance Director of the City, to insure that improvements, such as landscaping, parking and sidewalks, are installed in conformance with the approved site plan. The bond or guarantee shall be for the construction cost estimate of the improvements based on an estimate approved by the City Engineer, plus twenty percent (20%) of the estimate in lieu of increased costs, and shall be for a period not to exceed two years and providing for the complete construction of the improvements within that period. Such performance bond or other financial guarantees shall be returned to the applicant only if and after the certificate of occupancy is issued to the applicant. (Ord. 1989-48. Passed 8-28-89.)
1152.12 DESIGN GUIDELINES.
The following guidelines are to be used by those involved in site planning and design to guide the site planning process and to serve as the Planning Commission's and Beautification Committee's guidelines for judging appropriate site design features.
(a) Relationship to Adopted Plans and Policies.
(1) The site plan shall reflect all City plans and policies affecting the site, including neighborhood plans, key areas plans, master concept plans or previously adopted planned unit residential or planned commercial or industrial development plans.
(2) The site plan shall be consistent with the statement of intent for the zoning district in which it is located.
(b) Site Planning/Open Space.
(1) The natural topographic and landscape features of the site should be incorporated into the development wherever possible.
(2) Buildings and open spaces should be in proportion and scale with existing structures and spaces in the surrounding area.
(3) A site should not be so overcrowded as to cause unbalanced relationships of buildings to open space. Open space areas should not be unduly isolated from one another by unrelated physical obstructions such as buildings and paved vehicular areas, but rather, should be linked by open space corridors of reasonable width.
(4) When possible, natural separations should be created on the site by careful planning of streets and clustering of buildings using natural land features and open space for separation. Cul-de-sacs and loop streets, coupled with open spaces, should be used to achieve separation and create identity for sub-areas on the site.
(c) Building Design and Orientation.
(1) As dwelling unit intensities increase greater opportunities for privacy should be provided by utilizing fences or walls to enclose internal views.
(2) The primary living area of a dwelling for the primary activity area of a building should be oriented toward a natural site amenity where possible.
(3) Buildings should be sited in an orderly, nonrandom fashion. Excessively long, unbroken building facades should be avoided.
(4) Consideration should be given in the siting of mid and high rise buildings to the privacy of occupants of adjacent buildings.
(d) Stormwater Management Measures. The careful design of stormwater management measures shall be an integral part of the overall development planning process.
Stormwater runoff from the development should be handled, as much as possible, through a natural system of roadside swales, grassed swales, grading control, terraces, drop structures, induced infiltration, porous pavements and detention/retention control. These should be designed as an integral part of the open space amenities or the parking and circulation system on the site.
(e) Circulation.
(1) Street network. Short loop streets, cul-de-sacs and residential streets should be used for access to low density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity. Access to arterial streets should be limited, whenever possible, to high density residential and non-residential land uses.
(2) Street alignment.
A. A combination tangent/curve street network should be used to respect the existing natural features of a site, provide visual interest and create a more practical alignment for efficient site planning of building clusters.
B. Horizontal and vertical alignment of streets should be designed to minimize grading quantities. This includes working with the existing grade rather than against the grade to avoid excessive cut or fill.
Particular effort should be directed toward securing the flattest possible grade near intersections.
(3) Pedestrian circulation.
A. Residential Uses:
1. The complete separation of vehicular/pedestrian circulation should be achieved whenever possible.
2. Walkways which provide access to parking, trash disposal facilities, mailboxes, service areas and community facilities should be approximately four feet in width. Common area paths designed to carry heavier pedestrian traffic should generally be five to six feet in width in order to accommodate two pedestrian lanes or one pedestrian lane and one bicycle lane.
(4) Nonresidential uses.
A. Off-street parking area should be located within convenient walking distance to the use being served.
B. Handicapped parking should be as near as possible to the structure to avoid crossing parking aisleways.
C. Pedestrian and vehicular circulation should be separated as much as possible, either through crosswalk/pavement markings, signalization or complete grade separation.
D. Path and sidewalk crossings should be located where there is good sight along the road. Ideally, street crossings should occur at intersections.
(f) Parking Lots and Garages.
(1) When locating points of ingress and egress, consideration should be given to the location of existing access points, adjacent to and directly across the street from the site. Curb cuts should be shared by adjoining uses whenever possible.
(2) Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break-up the monotony of continuously paved areas.
(3) Drive-through establishments, such as banks, should be located to allow stacking space for peak hour operation and not restrict other parking lot circulation.
(4) Detached residential garages and carports should respect the location of adjacent garages and driveways and should be architecturally compatible with the principal structures on the site. When possible, garages should be incorporated as a screening element in the overall site plan and used to create private outdoor spaces and block objectionable views.
(g) Architectural Character, Continuity and Comparability.
(1) Development and infill development should be viewed as part of a cluster, block, neighborhood, or the entire community. Developments should be designed with the idea of being architecturally compatible with nearby structures or to screen incompatible elements of nearby development.
(2) Within the standards of the applicable zoning district, the height, scale and setback of each building should be compatible with existing or proposed adjoining buildings. Architectural style should not necessarily duplicate adjoining structures, but should be compatible in overall form, texture, color and rhythm.
(h) Architectural Style.
(1) The following is a checklist for evaluating architectural character and compatibility. The following elements should be considered in determining the archictural style or character of an area and whether a proposed development is compatible with surrounding uses.
A. Form (building footprint) - are the structures small or massive; rectangular or linear; close together or far apart.
B. Height - are the buildings primarily horizontal or vertical.
C. Building materials - what are the predominant materials used; are there several materials used or only one or two.
D. Colors - what are the predominant colors used on the buildings; are many colors or only a few colors used.
E. Roof pitches - are the roofs sloped or flat; what specific roof types are used.
F. Window and door details - what is the arrangement, proportion and design details of windows and doors.
G. Complexity - are the building walls broken or unbroken; is the overall design simple or ornate.
H. Paved areas and service areas - where is the location of parking garages and service areas; what is the amount and location of paving on the site; is the front yard paved; how do buildings relate to streets.
I. Landscaping - what is the amount, location and type of landscaping and open space around the buildings and on the site.
J. Signs and street furniture - what types and number of signs and street furniture are provided; where are they located in relationship to structures.
(2) Consistency in architectural style should be provided within a development or an infill area.
(3) The architectural style should be carried out in as authentic manner as possible.
(4) Variety can be provided within a particular architectural style by subtly varying building form, setbacks, colors and materials.
(i) Signs.
(1) All signs, including wall, free-standing and window display should be of a complimentary scale and proportion in design and in visual relationship to the site and its structures. Signs within a development should be compatible with each other and signs should not compete for attention with signs on adjoining premises.
(2) The colors, materials and lighting of every sign should be restrained, and harmonious with the building site to which it relates. Signs should define or enhance architectural elements of the building, not obscure or destroy them.
(3) The number of graphic elements on each sign should be held to the minimum level needed to convey the sign's major message and should reflect simplicity, neatness and minimum wording, not only to avoid visual clutter, but to improve legibility.
(4) Signage on each building should be consolidated and coordinated.
(5) Signs should identify the name and type of establishment and not advertise products or brand names.
(j) Climatic Considerations/Energy Conservation (Optional).
(1) Consideration should be given to both over and underheated periods of the year when determining building locations.
(2) To maximize the effect of solar radiation in winter months and maximize shade in the summer months.
A. Deciduous trees should be used for summer shade and winter warmth.
B. Active living spaces should be oriented to the south for winter warmth.
C. Building overhangs should be designed to shield the high summer sun and expose the area to the lower winter sun.
(3) Steeply pitched roofs should be used on the windward side to deflect wind and reduce the roof area affected by the winds.
(4) Bland walls, garages or storage uses should be used on north exposures.
(5) North entrances should be protected with earth mounds, evergreens and walls and fences.
(6) Natural ventilation with prevailing summer breezes should be allowed for whenever possible.
(Ord. 1989-48. Passed 8-28-89.)
1152.13 PUBLIC RIGHT OF WAY.
When a planned unit development R-PUD or parcel thereof, multi-family use, R-3, R-O or business or commercial, C-1, C-2 or C-3, mobile home district I-1 properties are improved by individual lot or block for a principal land use, or conditional use, including institutions of human care, religious ownership, government facilities, private utilities or education, the improvement shall include applicable provisions of the subdivision regulations for the public right of way benefitting and fronting on the property under consideration including earthwork, drainage, storm sewerage, sanitary sewerage, central water supply piping with fire protection, curbs, sidewalks, acceleration and/or deceleration lanes, paving reconstruction or pavement overlay, and easements therefor, all as deemed necessary for the public health and safety by the City Engineer (or PCSE by jurisdiction) when such sites are improved along State highways and major secondary roads eligible for "M" funds as published by the Akron Metropolitan Area Transportation System (AMATS). When improvements are required in the public right of way in accordance with 1152.13 hereof, plans and procedures (with the exception of dedication plat revisions) shall follow the provisions outlined in Section 1177.04(a), General Procedure for Public Improvements Stage IV through Stage VII.
(Ord. 1989-48. Passed 8-28-89.)
1152.14 DONATION OF GREEN OR OPEN SPACE IN RESIDENTIAL DEVELOPMENT TO CITY.
Council establishes the following open space policy:
(a) Land designated as “open space” (as that term is defined in Codified Ordinance Section 1103.02(a)(91)) under the application of Codified Ordinance Chapter 1130A, R-OS Overlay Residential-Open Space Overlay District, or Chapter 1152, Site Plan Review, shall be donated to and accepted by the City as part of the development plat, without cost to the City, to be maintained as open space, except as otherwise provided by ordinance of Council.
(b) The Planning and Zoning Commission is directed to apply this policy and implement its objectives to all zoning applications involving open space that come before it after the effective date of this section.
(c) The open space donated and accepted by the City under this policy may be included in the City’s Parks and Recreation Master Plan for passive recreational use by City residents.
(Ord. 2007-26. Passed 2-26-07.)
(Ord. 2007-26. Passed 2-26-07.)
1153.01 PURPOSE.
This chapter is established to provide for issuance of conditional zoning certificates where conditionally permitted uses are provided for in this Zoning Ordinance.
(Ord. 1981-43. Passed 3-23-81.)
1153.02 APPLICATION PROCEDURES.
Any application for conditional zoning certificate for any land or structure use permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
(a) Application Submitted to Planning and Zoning Commission. Any application for conditional zoning certificate shall be submitted to the Planning and Zoning Commission on a special form for that purpose received from the Zoning Inspector. Each application shall be accompanied by the payment of a fee as specified in Section 1107.08. In addition, the Commission, where appropriate may refer an application to qualified consultants for study and a report if it deems same necessary. The cost of such study and report shall be at the expense of the applicant and the report shall be completed as soon as is practicable. (Ord. 1989-49. Passed 8-28-89.)
(b) Data Required with Application.
(1) Form supplied by Zoning Inspector completed by applicant.
(2) Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location and dimensions of all existing and proposed structures, the types of buildings, their uses, the acreage or area involved, including that for parking, and proposed planting and landscaping.
(3) Complete architectural, engineering and constructional plans and specifications for all proposed development and construction, including parking and loading areas, and where appropriate, reclamation.
(4) A statement supported by substantiating evidence regarding the requirements enumerated in Section 1153.03.
(5) An application for gas and/or oil drilling shall be accompanied by a map, drawn to a scale no smaller than 400 feet to the inch, prepared by an Ohio registered surveyor, showing and containing the following information:
A. Boundary lines of subject drilling tract.
B. Name of land owner or owners of drilling tract.
C. Distance in feet from proposed well, storage tanks and service road to boundary lines of subject drilling tract and/or to right-of-way lines of public roads.
D. Public road adjacent to drilling tract.
E Identification of well, public roads, lot numbers, number of acres in drilling tract and names of adjacent property owners.
F. Other information that the Planning and Zoning Commission may require.
(6) Before an application for gas and/or oil drilling can be placed on the Planning and Zoning Commission agenda, the subject well and storage tank site shall be identified by a stake with a strip of colored plastic attached. Also, each stake shall be documented with the name and number of well or storage tank for which it represents. Stakes shall be sufficient height to be visible within a distance of 200 feet from each proposed well or storage tank site. In addition, a stake with a strip of colored plastic attached shall be placed within public road right of way, adjacent to proposed well site and stake shall be documented with name and number of well it represents. Also, a directional stake with a strip of colored plastic attached shall be placed, to be visible from the public road right of way, representing the direction of the proposed well site.
(c) Review by Planning and Zoning Commission. The Planning and Zoning Commission shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this Zoning Ordinance. Such review shall be completed and made public within ninety-five days of the regular monthly meeting of the Commission following the submission of such application. If the application is submitted at a regular monthly meeting of the Commission, then the ninety-five day period shall begin with the date of submittal. In cases where the Commission requests a report from a consultant, such time may be extended by mutual consent.
(d) Hearing and Notification. The Planning and Zoning Commission shall hold a public hearing or hearings upon every application for conditional use, after at least one publication in a newspaper of general circulation in the City at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail at least ten calendar days prior to the hearing to the applicant, owners of the property within or contiguous to and directly across the street from any part of the property and all property owners within 250 feet from the parcel(s) shall be notified.
(Ord. 1991-12. Passed 3-25-91; Ord. 1993-01. Passed 1-25-93.)
(e) Issuance, Violation and Revocation of Conditional Zoning Certificate. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Planning and Zoning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as per Section 1107.11.
(Ord. 1989-49. Passed 8-28-89.)
(f) Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Planning and Zoning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence of proof of changed conditions which would be sufficient to justify reconsideration as determined by the Commission. Each reapplication shall be accompanied by a fee as specified in Section 1107.08.
(Ord. 1989-49. Passed 8-28-89.)
(g) Termination. The conditional zoning certificate shall become void at the expiration of one year after date of issuance unless construction is started or use changed or actual drilling for gas and oil has started.
(Ord. 1981-43. Passed 3-23-81.)
1153.03 BASIS OF DETERMINATION.
(a) The applicant shall be required to establish by clear and convincing evidence that the general standards of this Zoning Ordinance and this Chapter and the specific standards pertinent to each proposed use shall be met for the proposed use provided further that any requirements of this Zoning Ordinance for permitted use(s) within a district shall be applicable to any conditional use unless otherwise stated herein.
(b) The Planning and Zoning Commission shall determine if the proposed use complies with these regulations and shall insure that the specific standards and requirements of this Zoning Ordinance pertinent to the proposed use shall be satisfied.
(c) General Standards. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use of the proposed location:
(1) Will be harmonious with and in accordance with the general objectives or with any specific objective of the Streetsboro Development Policy Plan of current adoption;
(2) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
(3) Will not be hazardous or disturbing to existing or future neighboring uses;
(4) Will not be detrimental to property in the immediate vicinity or to the community as a whole;
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, and school; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(6) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(Ord. 1981-43. Passed 3-23-81.)
1153.04 REGULATIONS PERTAINING TO CONDITIONAL USES.
For uses as listed in Sections 1123.02(b), 1125.02(b), 1127.02(b), 1129.02(b), 1131.02 (b), 1133.02(b), 1135.02(b), 1137.02(b), 1139.02(b), 1143.02(b), 1145.02(b), in addition to complying with the general standards set forth in Section 1153.03(c), an application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for each conditional use in addition to the applicable district regulations.
(Ord. 1981-43. Passed 3-23-81.)
(Ord. 1981-43. Passed 3-23-81.)
1153.05 CEMETERIES.
(a) The area proposed for a cemetery shall be used for cemetery purposes only, and shall comply with the following requirements:
(1) All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares; and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street
(2) Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
(3) Only memorial park cemeteries having grave marker flush with the surface of the ground shall be permitted. The term "marker" to refer to the name of deceased.
(4) Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site.
(5) Minimum area required for a cemetery site to be forty acres.
(6) A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary.
(7) Pavement width of driveways shall be at least twenty-two feet (eleven feet per moving lane).
(8) Drives should be useable shape, improved with bituminous concrete, or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.
(9) Pavement is to be installed as development progresses and as indicated on the final plans by the Planning and Zoning Commission.
(10) Sufficient parking space shall be provided as to not deter traffic flow within the cemetery.
(11) Area drainage and/or sanitary facilities are subject to approval by the City Board of Health, the County Board of Health, and the City Engineer prior to the issuance of a conditional use permit.
(12) Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Planning and Zoning Commission.
(13) Adequate screening with shrubs, trees or compact hedge shall be provided parallel to property lines adjacent to or abutting residential dwellings; such shrubs, trees and hedges shall not be less than two feet in height and shall be maintained in good condition.
(14) Provisions shall be made for landscaping throughout the cemetery.
(15) Location of cemetery buildings and all other structures shall conform to front, side and rear yard building lines of the particular district in which it is located.
(16) No grave sites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare.
(17) A grave site shall not be within 200 feet of any existing residence unless the owner of such residence gives his written consent.
(18) Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning and Zoning Commission, the City Engineer, and/or the City Board of Health or the County Board of Health. Guarantees shall be in a form approved of by the Commission and may be one of the following:
A. A performance bond in the amount of twenty-five thousand dollars ($25,000) for cemeteries of forty acres. An additional five thousand dollars ($5,000) shall be required for each ten acres over forty acres or for each ten acres added at a later date. The amount of the bond will be reduced annually, and by an amount that will leave the balance of the bond proportional to the portion of the cemetery not developed to the specifications of the plans approved by the Planning and Zoning Commission, the City Engineer, and/or the City or County Boards of Health.
B. Other methods as might be worked out by the Planning and Zoning Commission, developers and their legal advisors.
(19) A trust fund of an amount set by the Planning and Zoning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. Such trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and the Planning and Zoning Commission. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Commission. Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.
(Ord. 1981-43. Passed 3-23-81.)
1153.06 CHURCHES AND OTHER RELIGIOUS WORSHIP BUILDINGS.
(a) In all districts where churches and other religious facilities are permitted as conditional uses, such facilities shall be encouraged adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(b) Church and other religious facilities located in any O-C, R-R, R-1, R-2, R- PUD, or I-1 Districts shall comply with the following requirements:
(1) All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
(2) Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
(3) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
(4) The minimum lot area shall be one and one-half acres.
(c) In the R-3 District and the R-O District churches and other religious structures and activity areas, except off-street parking area, shall be in compliance with the minimum yard and lot area requirements for:
(Ord. 1981-43. Passed 3-23-81.)
1153.07 GOVERNMENTALLY OWNED OR OPERATED BUILDINGS.
(a) Government building(s) located in any O-C, R-R, or R-2 District shall comply with the following requirements:
(1) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
(2) All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
(3) Such developments shall be located on major thoroughfares, at intersections of major or collector streets, or on service roads for major thoroughfares.
(4) The minimum lot area shall be one and one-half acres.
(b) Government building(s) located in the R-3 District shall be developed with all structures and activity areas, except off-street parking area, in compliance with the minimum yard and minimum lot area requirements for multi-family residences in Section 1131.03.
(Ord. 1981-43. Passed 3-23-81.)
1153.08 HOME OCCUPATIONS.
Home occupations shall be provided if:
(a) Such use shall be conducted entirely within the dwelling unit used by the person conducting the home occupation as his private residence;
(b) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not involve any extension or other structural modification of the dwelling;
(c) Such use shall be conducted only by persons residing in the dwelling unit;
(d) Such use shall not involve the use of more than one-fourth of the floor area of not more than one story of the dwelling;
(e) Such use shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference or other causes;
(f) There shall be no outward evidence of such use except not more than one sign as authorized by Chapter 1159;
(g) Traffic or parking generated by such home occupation shall not be significantly greater in volume or requirement than normally to be expected in a residential neighborhood.
(Ord. 1981-43. Passed 3-23-81.)
1153.09 INSTITUTIONS FOR HIGHER EDUCATION.
(a) In all districts where institutions for higher education are permitted as conditional uses such facilities shall be located on major thoroughfares, at intersections of major or collector streets or on service roads of major thoroughfares.
(b) Institutions for higher education located in the R-2 or 1 District shall comply with the following requirement(s):
(1) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
(2) The minimum lot area shall be three acres.
(3) All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major thoroughfares and/or no closer than 100 feet from the intersection of a major thoroughfare and a collector street.
(c) In the R-3 and C-2 Districts institutions for higher education shall be in compliance with the minimum yard and minimum lot area requirements:
(2) Pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
(Ord. 1981-43. Passed 3-23-81.)
(Ord. 1981-43. Passed 3-23-81.)
1153.10 HUMAN CARE INSTITUTIONS.
Institutions for human medical care, hospitals, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged and philanthropic institutions are subject to the following:
(a) Institutions for human medical care located in the R-2 or R-PUD Districts shall comply with the following requirements:
(1) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from any property line.
(2) The minimum lot area shall be at least three acres.
(3) All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major thoroughfares and/or no closer than 100 feet from the intersection of a major thoroughfare and a collector street.
(4) Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
(b) In the R-3, R-O, C-2 and I-1 Districts institutions for human medical care shall be in compliance with the minimum yard and lot area requirements:
(3) For permitted uses pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
(Ord. 1981-43. Passed 3-23-81.)
1153.11 QUASI-PUBLIC INSTITUTIONS.
Quasi-public institutionally or organizationally owned and/or operated recreational, instructional, and meeting facilities are subject to the following:
(a) In all districts where quasi-public institutions are permitted as conditional uses all activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(b) Quasi-public institutions located in the R-PUD District shall meet the following requirements:
(1) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from any property line.
(2) The minimum lot area shall be one and one-half acres.
(3) All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
(4) Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
(c) In the R-3, R-O, C-1 and C-2 District quasi-public institutions shall be in compliance with the minimum yard and lot area requirements:
(3) For permitted uses pursuant to Sections 1133.03 and 1133.04 when located in the C-1 District.
(4) For permitted uses pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
(Ord. 1981-43. Passed 3-23-81.)
1153.12 PUBLIC AND PAROCHIAL SCHOOLS.
(a) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
(b) All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
(c) Elementary school structures should be located on a collector street.
(d) Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets or on service roads for major thoroughfares.
(e) The minimum lot size shall be three acres.
(Ord. 1981-43. Passed 3-23-81.)
1153.13 OUTDOOR RECREATION FACILITIES USED INTENSIVELY.
Public or privately owned and/or operated outdoor recreational facilities generally used intensively including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies, and country clubs are subject to the following:
(a) Recreation facilities and activities permitted pursuant to this section shall meet the following requirements:
(1) Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into an area.
(2) Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted and shall include such uses as refreshment stands, souvenir stands and concession stands.
(3) All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(b) Recreational facilities pursuant to this section located in any O-C, R-R, R-2 or R-PUD District shall meet the following requirements:
(1) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
(2) All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
(c) In the R-3, R-O and C-2 District recreational facilities permitted pursuant to this section shall have all structures and activity areas, except off-street parking area, located in compliance with the minimum yard and lot area requirements.
(3) For permitted uses pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
(Ord. 1981-43. Passed 3-23-81.)
1153.14 OUTDOOR RECREATION FACILITIES WITH OPEN SPACE.
Publicly or privately owned and/or operated outdoor recreational facilities containing extensive open space and preserving natural features of the area, including recreation areas, day camps, private parks; and in the O-C District and the R-R District including overnight uses such as campgrounds, summer camps and group accommodations are subject to the following:
(a) All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
(b) All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
(c) Site locations should be preferred that offer natural or man-made barriers the would lessen the effect of intrusion into the area.
(d) Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted as part of the campground. Permitted retail uses are refreshment stands, souvenir stands, concession stands, park office and the limited sale of groceries when the customers are primarily the campers using the park.
(e) A minimum lot area of fifty acres shall be required.
(f) All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(g) When permitted as a conditional use in the O-C and R-R Districts:
(1) No campsite shall be occupied by the same occupant or group and/or tent, trailer or other camping equipment for a period longer than fourteen consecutive days.
(2) No cabin, lodge, room or other rental accommodations shall be occupied by the same occupant or group for a period longer than thirty consecutive days.
(Ord. 1981-43. Passed 3-23-81.)
1153.15 PRIVATE TECHNICAL SCHOOLS.
(a) Private technical schools located in the I-1 District shall be developed with all structures and activity areas, except off-street parking areas located at least fifty feet from all property lines.
(b) In the R-O and C-2 Districts private technical schools shall have all structures and activity areas, except off-street parking areas located in compliance with the minimum yard and lot area requirements.
(2) For permitted uses pursuant to Section 1135.04 when located in a C-2 District.
(Ord. 1981-43. Passed 3-23-81.)
1153.16 OIL AND GAS WELL OPERATIONS.
(a) The following oil and gas well drilling regulations shall apply as minimum standards for the permittee when applying for conditional zoning applications to insure that all locations and the appearance of wells and storage tanks shall be in compliance with the intent of Section 1153.03(c).
(b) Pooling of land of not more than five property owners is permitted. There shall be no more than one well per forty acres
(c) Within thirty days after completion of drilling, a staking plat showing as built location of the wells, all permanent storage facilities, all pipelines, fences, property boundaries and service roads shall be presented to the Service Director. The plat shall show the as built location of the above structures, boundary lines, and City inspection access route, and shall be prepared by a registered surveyor of the State.
(d) Well sites shall not be less than 500 feet from the right-of-way line of any public road or boundary of any adjacent property outside the drilling unit and no wells shall be located closer than 500 feet from any existing residence.
(e) Well site restoration following drilling may be completed within a time period agreed upon at the time of site plan approval, but in no case shall that time period be more than six months. Extension due to weather delay will be subject to Service Director approval. A surety bond of five thousand dollars ($5,000) per well shall be deposited with the Service Director prior to any construction or drilling to insure site restoration as required by Ohio R.C. Chapter 1509, and/or the Streetsboro Planning and Zoning Commission.
(f) If a pumping unit is required, it shall be enclosed by a six foot high chain link fence topped with three strands of barbed wire. The fence shall be erected prior to production of well. All pumping units shall be electrically driven when located less than 700 feet from the right-of-way line of any public road, or less than 1000 feet from any dwelling. Gates that are part of the enclosure of the pumping unit shall be kept locked. The pumping unit and fence enclosure shall be painted forest green color. Pumping unit installations shall be landscaped from the road if the location does not provide adequate natural foliage Landscaping shall consist of five to seven year heavy transplants spaced eight to ten feet apart and within five feet of the fence enclosure. Accepted species include one or several of the following: red, white or Scotch pines and blue spruce.
(g) Permanent or temporary waste holes, storage lagoons, service ponds or similar storage facilities shall be designed, constructed and maintained so as to prevent any drainage into ditches, natural watercourses or natural or man-made bodies of water. All storage lagoons, service ponds, etc., shall be pumped and contents hauled away as needed and backfilled, within ninety days after well drilling has been completed. Extension due to weather delay will be subject to Service Director approval. There shall be a protective lining of impermeable material installed in storage lagoons so as to prevent the percolation of harmful chemicals or residues into the soil.
(h) While drilling, all mud carried onto public roadways by trucks, drilling equipment, etc., shall be cleared by the driller from the public roadway as many times as necessary every day to keep the road clean and safe at all times.
Service roads shall be maintained by the applicant and/or his construction company and all heirs, assigns, agents, subcontractors and/or employees thereof for the life of the well.
(i) Prior to the drilling of any well, a service road to the storage tank site shall be constructed of suitable aggregate to be used by all vehicles and equipment moving to and from the drilling site before and during actual drilling of the well.
The Service Director shall prescribe the necessary density of aggregate to be used in the construction of the service road for each and every tank battery.
(Ord. 1984-32. Passed 3-26-84.)
(j) Storage tanks shall be located on a prepared site not less than 200 feet from the right-of-way line of any public street or road, not less than 100 feet from any boundary line of adjacent property outside the drilling unit, and not less than 500 feet from any existing dwelling. Storage tank installations shall be enclosed by a six-foot high chain link fence topped with three strands of barbed wire. The fence shall be erected prior to tank usage. Gates that are part of the enclosures of storage tanks shall be kept locked. All storage tanks, separator and fence enclosure shall be painted forest green color. Tank installations shall be landscaped when the location is less than 600 feet from the right-of-way line of the road, if the location does not provide adequate natural foliage. Landscaping shall consist of five to seven year heavy transplants spaced eight to ten feet apart and within five feet of the fence enclosure. Accepted species include one or several of the following: red, white or Scotch pines and blue spruce. Storage tanks shall be diked or otherwise designed, constructed and maintained so as to prevent any seepage or drainage beyond a five foot distance from each tank. Such seepage or drainage shall, under no circumstances, be allowed to enter upon adjacent property or any road drainage ditch, natural watercourse or man-made body of water. All oil or water lines with valves on tanks shall be locked and capped.
(Ord. 1986-47. Passed 6-23-86.)
(k) All wells and storage tanks shall be maintained in a neat, orderly condition so as to prevent injury to a single property, individual or the community in general. The well shall be identified at the right of way and entrance road by a street address sign with numbers twelve inches high and six inches wide, black on white background. The sign shall be on twelve gauge metal and/or .060 aluminum or better, and secured waist high on an approved metal post, and maintained so as to be readily visible by the passing public. A surety bond of one thousand dollars ($1,000) per well shall be required to insure that well site shall be maintained in this condition during the life of the well.
(l) Site review by Planning and Zoning Commission of all proposed locations of gas and oil wells and storage prior to approval.
(m) Inspection requirements for well, storage tanks and service roads shall be established by the Service Director prior to issuance of permits.
(n) All E.P.A. rules shall be followed relative to disposal of waste water.
(o) The operator shall provide a certificate of insurance showing that he carries a minimum of five hundred thousand dollars ($500,000) liability insurance to the Service Director prior to any construction or drilling.
(p) All well site operations shall conform to Ohio R.C. Chapter 1509 and to the Rules and Regulations of the Ohio Department of Natural Resources, Division of Oil and Gas, Chapter N.R.O., 1, 3, 5, 7 and 9, latest edition.
In the event there is any conflict between the regulations cited above, Ohio R.C. Chapter 1509 and the Zoning Ordinance, the more stringent regulations shall apply.
(q) (EDITOR'S NOTE: Former subsection (q) was repealed by Ordinance 1991-12, passed March 25, 1991.)
(r) It shall be the duty of the permittee to seal gas and oil wells to protect fresh wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. Unless otherwise enumerated or delineated by the Service Director, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the well head. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same provided liability is established by the Ohio Department of Natural Resources. The voluntary providing of water by the permittee shall not be construed as an admission of liability. (Ord. 1984-32. Passed 3-26-84.)
(s) Drilling operations shall be controlled, by double exhausts or otherwise, so that the noise level of actual drilling does not exceed the noise level of seventy-five decibels in a 500 foot radius during maximum noise production periods. Only fluid rotary-type drilling rigs sufficiently muffled against noise emissions shall be used in any drilling operation. Cable tool rigs may be used at the request of the Planning and Zoning Commission.
(Ord. 1986-47. Passed 6-23-86.)
(t) At a minimum of ten days prior to the start of well drilling operations, a map indicating any and all routes to be used in conjunction with the drilling operations shall be submitted to the Service Director. The Service Director shall then visually inspect such roads in the company of an agent of the permittee to determine their condition prior to any activity on the part of the applicant.
At a minimum of twelve hours prior to the movement of any drilling equipment into the City, notice shall be given to the Service Director and written consent from the Service Director shall be secured.
The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy drilling equipment or heavy trucks any way associated with the drilling shall be the responsibility of the permit holder. The City assumes no liability for damage to the applicant's equipment or load being moved due to the failure of the City streets.The permit holder shall compensate the City for personal injury and/or property damages and shall further hold the City harmless of any and all claims, damages or proceedings of any kind and from all responsibility for personal injury or property damage, public or private, caused directly or indirectly as a result of the transportation of any and all equipment related to the drilling activities.
The applicant shall further post a cash bond with the City in an amount to be determined and set by the Service Director to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of well drilling equipment by the applicant.
(Ord. 1984-32. Passed 3-26-84.)
(u) Movement of any vehicles exceeding the legal weight limit set by law shall be prohibited on any and all City streets without prior written approval by the Service Director. The movement of such vehicles is further prohibited on Saturday, Sunday and/or legal holidays and at any other time other than the daylight hours. The Service Director shall have the right and discretion to revoke approval of transportation of well drilling equipment on twelve hours notice at any time that the conditions of the roads, the weather or the traffic conditions make travel unsafe or imminent threat of severe damage to the roads and/or public improvements along the proposed route of travel of such vehicles exists. No transportation of drilling rigs whatsoever shall be conducted when frost laws are posted by the Service Director.
(Ord. 1986-47. Passed 6-23-86.)
(v) Release of bonds and sureties shall be done at such time as deemed appropriate by the Service Director.
(w) Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of all wells to be drilled with the City limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the City. The amount of such fee shall be one hundred seventy-five dollars ($175.00) per well per year. The fee is due and payable in the first year of operation within ten days after a conditional zoning certificate has been granted. Thereafter, the fee is due and payable each and every anniversary date of the issuance of the conditional zoning certificate for such wells in successive years and during the life of the well and until such well is properly plugged in accordance with applicable State and local regulations. In the event the annual inspection reveal a problem with the well, there is hereby established a fee of seventy-five dollars ($75.00) per re-inspection to ensure that corrective measures have been taken, and the same shall be paid by the well owners. (Ord. 1999-138. Passed 10-25-99.)
(x) The failure to pay the fee as is set forth in subsection (w) hereof shall be grounds for revocation of the conditional zoning certificate for such well drilling operations in accordance with subsection (y) hereof.
(y) Failure to comply with any provisions of this chapter shall be grounds to refuse to issue a permit to drill or shall be grounds to revoke a permit already issued. Revocation of a permit shall remove all right of the permittee to drill oil and/or gas until such time as the permittee takes steps to be in compliance with this chapter. Drilling operations carried on by the permittee after revocation of this permit shall constitute a violation of this chapter and shall be punishable as provided in subsection (z) hereof.
(z) Whoever violates any of the provisions of this section, or any amendment hereafter adopted to this section, shall be guilty of a first degree misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each day’s violation of any provision shall constitute a separate offense. The City Law Director is further authorized to seek injunctive relief against any violation of any provision of this section or of amendments hereto in any proper court.
(Ord. 1984-32. Passed 3-26-84.)
1153.17 MULTI-FAMILY DWELLINGS.
(a) Multi-family dwellings of the duplex, townhouse or multi-family type are subject to the following:
(1) The property shall be within 250 feet of a fully improved public right-of- way and street;
(2) Fire hydrants serving site shall be at 300 foot intervals.
(3) Shall provide two access points to the public street.
(4) Shall provide traffic control lights at private roads if total dwellings exceed 400 family units;
(5) Lands required for open park to be in a single contiguous parcel;
(6) Shall provide security lighting without shadow areas at a two foot candle level including all parking and grass areas;
(7) Shall provide central facilities for collection and disposal of trash;
(8) Shall provide concrete sidewalks along public and private streets; and
(9) Maximum density not to exceed six units per acre.
(b) Lot requirements.
(1) Two-Family Residence.
A. Minimum lot area: 18,000 square feet.
B. Minimum lot frontage: 1000 feet.
C. Minimum front yard depth: 70 feet from road right-of-way.
D. Minimum side yard: ten feet each side.
E. Minimum rear yard: ten feet from rear lot line.
(2) Multi-Family Residence.
A. Minimum site area for multi-family developments: 20,000 square feet.
B. Minimum lot area for each dwelling unit: 7,260 square feet.
C. Minimum lot frontage: 100 feet.
D. Minimum front yard depth: 50 feet from road right-of-way.
E. Minimum side yard: 15 feet each side.
(c) Maximum building height shall not exceed three floors or thirty-four feet.
(d) No property zoned R-2 after date of passage of this section will carry this Conditional Use.
(Ord. 1994-108. Passed 11-28-94.)
(Ord. 1994-108. Passed 11-28-94.)
1153.18 MASSAGE ESTABLISHMENTS.
Massage establishments as conditionally permitted under regulations pertaining to conditional uses shall not be located within 500 feet of the following land uses:
(a) Churches.
(b) Schools (private and public).
(c) Daycare centers.
(d) Playgrounds.
(e) Parks (private or public).
(f) Theaters.
(g) Restaurants.
(h) Teen centers. (Ord. 1981-43. Passed 3-23-81.)
1153.19 SURFACE MINING.
As of the effective date of this section, surface mining is a nonconforming use in all districts. No conditional zoning certificates shall be issued for any surface mining operation that was not already in existence prior to the effective date of this section. For surface mining operations that were in existence and received a conditional zoning certificate prior to the effective date of this section, the continued use of any land for surface mining operations shall require compliance with Sections 1157.01 through 1157.03 of this chapter and with the following:
No operator shall engage in surface mining or conduct a surface mining operation without a permit issued by the Service Director as conditionally approved by the Planning Commission.
(a) An application for a permit, with the permit fee of seven hundred and fifty dollars ($750.00) for administrative costs and site plan technical review, shall be upon such form as the Service Director prescribes and provides, and shall contain:
(1) The name and address of the applicant, of all partners if the applicant is a partnership, or of all officers and directors if the applicant is a corporation, and any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors, or managers of the applicant;
(2) A list of the minerals sought to be extracted, an estimate of the annual production rates for each mineral, and a description of the land upon which the applicant proposes to engage in a surface mining operation, which description shall set forth: the name of the counties, townships and municipal corporations in which the land is located; the location of its boundaries; and a description of the land of sufficient certainty that it may be located and distinguished from other lands;
(3) An estimate of the number of acres of land that will comprise the total area of land to be affected and an estimate of the number of acres of land to be affected during the first year of operation under the permit;
(4) The name and address of the owner of surface rights in the land upon which the applicant proposes to engage in surface mining;
(5) A copy of the deed, lease or other instrument which authorizes entry upon such land by the applicant or his agents, if surface rights in the land are not owned by the applicant;
(6) A statement of whether any surface mining permits or strip mining licenses are now held by the applicant in this state, and if so, the numbers of the permits or licenses;
(7) A statement of whether the applicant, any partner if the applicant is a partnership, any officer or director if the applicant is a corporation, or any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors or managers of the applicant has ever had a surface mining permit or strip mining license issued by this or any other state suspended or revoked, or has ever forfeited a surface or strip mining bond, cash or a security deposited in lieu of bond;
(8) A report of the results of test borings that the operator has conducted on the area or otherwise has readily available, including, to the extent that such information is readily available to the operator, the nature and depth or overburden and material underlying each mineral and the thickness and extent of each mineral deposit. All information relating to test boring results submitted to the Service Director shall be kept confidential and not made a matter of public record, except that the information may be disclosed by the Service Director in any legal action in which the truthfulness of the information is material.
(9) A complete plan for mining and reclamation of the area to be affected, which shall include a statement of the intended future uses of the area and show the approximate sequence in which mining and reclamation measures are to occur, the approximate intervals following mining during which the reclamation of all various parts of the area affected will be completed, and the measures the operator will perform to prevent damage to adjoining property, including maintenance of water table, and to achieve all the following general performance standards for mining and reclamation:
A. Prepare the site adequately for its intended future uses upon completion of mining.
B. Where a plan of zoning or other comprehensive plan has been adopted which governs land uses or the construction of public improvements and utilities, for an area that includes the area sought to be mined, insure that future land uses within the site will not conflict with the plan.
C. Grade, contour or terrace final slopes, wherever needed, sufficient to achieve soil stability and control landslides, erosion and sedimentation. High walls will be permitted if they are compatible with the future uses specified in the plan and measures will be taken to insure public safety. Where ponds, impoundments, or other resulting bodies of water are intended for recreational use, establish banks and slopes that will assure safe access to such bodies of water. Where such bodies of water are not intended for recreation, include measures to insure public safety, including fencing, but access need not be provided.
D. Resoil the area of land affected, wherever needed, with topsoil or suitable subsoil, fertilizer, lime or soil amendments, as appropriate, in sufficient quantity and depth to raise and maintain a diverse growth of vegetation adequate to bind the soil and control soil erosion and sedimentation.
E. Establish a diverse vegetative cover of grass and legumes or trees, grasses, and legumes capable of self-regeneration and plant succession wherever required by the plan.
F. Remove any metal, lumber, equipment or other refuse resulting from mining, and remove any unwanted or useless structures.
G. Reestablish boundary, section corner, government and other survey monuments that were removed by the operator.
H. During mining and reclamation, insure that contamination, resulting from mining, of underground water supplied is prevented. Upon completion of reclamation, insure that any lake or pond located within the site boundaries are free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to reestablish proper potability on any polluted or contaminated well or wells. Unless otherwise enumerated or delineated by the Service Director, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the mining operation. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same, provided liability is established by the Ohio Department of Natural Resources. The voluntary providing of water by the permittee shall not be construed as an admission of liability.
I. During mining and reclamation, control drainage so as to prevent the causing of flooding, landslides and flood hazards to adjoining lands resulting from the mining operation. Leave any ponds in such condition as to avoid their constituting a hazard to adjoining lands.
J. Insure that mining and reclamation are carried out in the sequence and manner set forth in the plan and that reclamation measures are performed in a timely manner. All reclamation of an area of land affected shall be completed no later than six months following the mining of such area, unless the operator makes a showing satisfactory to the Service Director that the future use of such area required a longer period for completing reclamation. Extension due to weather delay will be subject to Service Director approval. A surety bond of twenty-five thousand dollars ($25,000) per mining operation shall be deposited with the Service Director prior to any mining to insure site restoration as required by Ohio R.C. Chapter 1509, and the Streetsboro Planning and Zoning Commission.
K. During mining, store topsoil or fill in quantities sufficient to complete the backfilling, grading, contouring, terracing and resoiling that it specified in the plan. Stabilize the slopes of and plant each spoil bank to control soil erosion and sedimentation wherever substantial damage to adjoining property might occur.
L. During mining, promptly remove, store or cover any coal, pyritic shale, or other acid producing materials in a manner that will minimize acid drainage and the accumulation of acid water.
M. During mining, detonate explosives in a manner that will prevent damage to adjoining property in accordance with specific blasting permit issued by the City. The applicant must provide evidence of liability insurance in the amount of seven hundred and fifty thousand dollars ($750,000). Such policy must be on file with the Service Director's office.
(10) A map in triplicate, on a scale of not more than four hundred feet to the inch, or three copies of an enlarged United States geological survey topographic map on a scale of not more than four hundred feet to the inch. The map shall:
A. Be prepared and certified by a registered professional engineer and registered surveyor, State of Ohio;
B. Identify the area of land to be affected corresponding to the application, with minimum setback to be established by the conditional permit;
C. Show the probable limits of subjacent and adjacent deep, strip or surface mining operations, whether active, inactive, or mined out. Show the office facilities, certified scale, sanitary facilities and health and safety devices pertinent to the operation;
D. Show the boundaries of the area of land to be affected during the period of the permits and the area of land estimated to be affected during the first year of operation, name the surface and mineral owners of record of the area, and the owners of record of adjoining surface properties;
E. Show the names and locations of all streams, creeks or other bodies of water, roads, railroads, utility lines, buildings, cemeteries and oil and gas wells, on the area of land to be affected and within five hundred feet of the perimeter of the area;
F. Show the counties, municipal corporations, townships and sections in which the area of land to be affected is located;
G. Show the drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving or to receive this discharge;
H. Show the location of available test boring holes that the operator has conducted on the area of land to be affected or otherwise has readily available.
I. Show the date on which the map was prepared, the north direction and the quadrangle sketch, and the exact location of the operation;
J. Show the all-weather, two-lane service roads, (minimum eighteen feet width) adjoining public roads, and specific dust control measures for internal and external traffic, including bitumin binding materials.
K. Show the type, kind, location and references of all existing boundary, section corner, government and other survey monuments within the area to be affected and within five hundred feet of the perimeter of the area.
L. Show restricted access safety zones, signage, approved barriers as appropriate for fixed base processing equipment or pits, water holes, and potential safety hazards.
M. The certification of the maps shall read: "I, the undersigned (the owner), hereby certify that this map is correct, and shows to the best of my knowledge and belief all of the information required by the surface mining laws of the state." The certification shall be signed and attested before a notary public.
The Service Director may reject any map as incomplete if its accuracy is not so certified and attested.
(b) (1) At a minimum of thirty days prior to the start of mining operations, a map indicating any and all routes and time schedules to be used in conjunction with the mining operations shall be submitted to the Service Director. The Service Director shall than visually inspect such roads in the company of an agent of the permittee to determine their condition prior to any activity on the part of the applicant.
(2) The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy equipment or heavy trucks any way associated with the mining shall be the responsibility of the permit holder. The City assumes no liability for damage to the applicant's equipment or load being moved due to the failure of the City streets. The permit holder shall compensate the City for personal injury and/or property damages and shall further hold the City harmless of any and all claims, damages or proceedings of any kind and from all responsibility for personal injury or property damage, public or private, caused directly or indirectly as a result of the transportation of any and all equipment related to the mining activities.
(3) The applicant shall further post a cash bond of not less than five thousand dollars ($5,000) with the City to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of equipment by the applicant.
(4) The applicant shall provide a general liability insurance policy in the amount of one million dollars ($1,000,000), a copy of which, in full force and effect, shall be on file with the Service Director.
(c) Movement of any vehicles exceeding the legal weight limit set by law shall be prohibited on any and all City streets without prior written approval by the Service Director. The movement of such vehicles is further prohibited on Saturday, Sunday and/or legal holidays and at any other time other than 7:00 a.m. to 6:00 p. m., unless otherwise approved by the Service Director. The Service Director shall have the right and discretion to revoke approval of transportationof equipment at any time that the condition of the roads, the weather or the traffic conditions make travel unsafe, or imminent threat of severe damage to the roads and/or public improvements along the proposed route of travel of such vehicles exists.
(d) While mining, all mud carried onto public roadways by trucks, equipment, etc., shall be cleared by the miner from the public roadways as many times as necessary every day to keep the road clean and safe at all times. The miner shall have Service Director approved road cleaning equipment at the site at all times for this purpose.
(e) Safety signage must be provided as required at the direction of the Planning Commission and the Service Director. See Uniform Traffic Control Chart, Ohio Department of Transportation, latest edition.
(f) All E.P.A. rules shall be followed relative to air quality control and disposal of waste water.
(g) The operator shall post in a conspicuous place the seal of the Weights and Measures Inspector of jurisdiction, at the truck scale. Such posting shall be renewed annually.
(h) Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of the project within the City limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the City. The amount of such fee shall be five hundred dollars ($500.00) per site per year. The fee is due and payable in the first year of operation within ten days after a conditional zoning certificate has been granted. Thereafter, the fee is due and payable on January 1 of each year for such sites in successive years and during the life of the project and until final restoration is completed as approved by the Service Director.
(i) The failure to pay the fee as is set forth in subsection (h) hereof shall be grounds for revocation of the conditional zoning certificate for such surface mining operations in accordance with subsection (j) hereof.
(j) Failure to comply with any provisions of this section shall be grounds to refuse to issue a permit to mine or shall be grounds to revoke a permit already issued. Revocation of a permit shall remove all right of the permittee to mine until such time as the permittee takes steps to be in compliance with this section. Mining operations carried on by the permittee after revocation of this permit shall constitute a violation of this section and shall be punishable as provided in subsection (k) hereof.
(k) Whoever violates any of the provisions of this section, or any amendment hereafter adopted to this section, shall be guilty of a first degree misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each day's violation of any provision shall constitute a separate offense. The City Law Director is further authorized to seek injunctive relief against any violation of any provision of this section or of amendments hereto in any proper court.
(l) Before any existing company's site plan can be approved for any additional surface mining, an equal or greater amount of land must be reclaimed as per ODNR standards.
(m) Actual working hours shall be conducted between 7:00 a.m. and 7:00 p.m.
Monday through Friday and from 7:00 a.m. to Noon on Saturday. No work shall be done on Sundays or Holidays.
(n) Five hundred foot setback from any existing building and/or property designed as a recreational facility at the time of application, or 100 foot setback from any other existing property lines.
(o) Eight hundred foot front yard setback.
(Ord. 2016-83. Passed 6-27-16.)
1153.20 ADULT ENTERTAINMENT USES.
Adult Entertainment Uses shall conform with the following standards:
(a) City Council finds and determines that permitting Adult Entertainment Uses, as defined in Codified Ordinance §1153.20(b)(1)-(3), in proximity to residential, institutional, and non-adult entertainment retail uses would have a detrimental effect on such adjacent uses, and would cause a deleterious effect on the aesthetics and economics of the areas in which such uses are located. It has been demonstrated that Adult Entertainment Uses have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult entertainment retail uses. Therefore, to prevent potential deterioration in the C-3 Highway Interchange Commercial District, to avoid potential adverse impacts on adjacent residential and institutional uses (particularly those where children are present) and thereby protecting the public health, safety, moral, and general welfare of the City, and to provide for the orderly, planned future development of the City, Adult Entertainment Uses shall be conditionally permitted in the C-3 Highway Interchange Commercial District of the City subject to the following specific requirements.
(b) Definitions. Adult Entertainment Uses shall include but not limited to, any of the following three uses:
(1) Adult book store. An establishment having twenty-five percent (25%) or more of its stock-in-trade, sale or rental, in books, magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” or an establishment with a twenty-five percent (25%) segment or section of its floor space or display area devoted to the sale, display, or rental of such material.
(2) Adult motion picture theater. An enclosed building used to derive twenty- five percent (25%) or more of its gross income from the showing of, or that uses twenty-five percent (25%) or more of its total viewing time for the presentation of, material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons in the buildings.
(3) Cabaret. An adult club, restaurant, theater, hall or similar place that features topless dancers, go-go dancers, exotic dancers, strippers (male or female), male or female impersonators or similar entertainment exhibiting “specified anatomical areas” or performing “specified sexual activities.”
The following terms shall mean:
(4) Specified anatomical areas. Less than completely and opaquely covered:
A. Human genitals, pubic region;
B. Buttocks;
C. Female breasts below a point immediately above the top of the areola; and
D. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) Specified sexual activities.
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(c) Prohibited Conduct.
(1) No Adult Entertainment Use shall be permitted:
A. Within 500 feet of any other existing Adult Entertainment Use, and/or
B. Within 1,000 feet of any residentially zoned district, or any of the following residentially related uses:
1. Churches, monasteries, chapels, synagogues, convents, rectories, religious article or religious apparel stores;
2. Schools up to and including the twelfth grade, including their adjunct play areas; and
3. Public playgrounds, public swimming pools, public parks and public libraries.
(2) Measurement of distances. For the purposes of this subsection (c), spacing distances shall be measured as follows:
A. From all property lines of any Adult Entertainment Use;
B. From the outward line of boundary of all residential zoning districts;
C. From all property lines of any residential-related use as enumerated in Section 1153.20(c)(1)B.1. to 3.
(d) Signs and Other Visible Messages. All Adult Entertainment Uses shall be permitted signs or other visible messages based on the allowable sign area of the C-3 Highway Interchange Commercial District, provided:
(1) Sign messages shall be limited to verbal description of material and/or services available on the premises;
(2) Sign messages may not include any graphic or pictorial depiction of material and/or services available on the premises;
(3) Other visible messages that are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, videocassettes or printed material available on the premises; or pictures, films, videocassettes or live presentation of persons performing or services offered on the premises.
(e) Discontinuance of Operation. Should any Adult Entertainment Use cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume or be replaced by any other Adult Entertainment Use unless such use complies with all the requirements set forth in this section.
(f) Modifications to Conditional Zoning Certificate Process. An application for a conditional zoning certificate for an Adult Entertainment Use in the C-3 Highway Interchange Commercial District (1) shall be heard by the Planning and Zoning Commission within 30 days of receipt; (2) the Commission shall make a decision upon such application at the time of hearing; (3) General Standards (1), (3), and (4) under the Basis of Determination in Section 1153.03(c) shall not apply to such application; and (4) the decision of the Commission shall be immediately appealable under Ohio Revised Code Chapter 2506. The provisions in this subsection (f) control over any contrary provision in Chapter 1153 or the Zoning Ordinance of the City.
(g) Severability. Each of the provisions of this section are severable, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall not be affected, but shall remain in full force and effect.
(Ord. 2004-143. Passed 9-27-04.)
1153.21 PUBLIC STORAGE INCLUDING SELF-SERVICE STORAGE FACILITIES.
Public storage facilities including self-service storage facilities and mini-storage shall conform with the following standards:
(a) Electronic surveillance equipment shall be required to serve as security for the facility.
(b) Lot coverage of all structures shall be limited to eighty percent (80%) of the lot size.
(c) Building height shall not exceed fifteen feet.
(d) All one-way driveways shall provide for one ten foot parking lane and one fifteen foot travel lane. Traffic direction and parking shall be designated by signage or driveway painting. All two-way driveways shall provide for one ten foot parking lane and two twelve foot travel lanes. The parking lanes may be eliminated when the driveway does not serve storage units.
(e) One parking space for each ten units shall be required, and shall be equally distributed throughout the storage area. Two parking spaces shall be required for the managers quarters. One parking space for every twenty-five storage units shall be required to be located at or near the office for prospective clients.
(f) All lights shall be shielded to direct light onto the established buildings and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.
(g) A twenty-five foot wide landscaping buffer zone, parallel to the street frontage, equal to the property frontage excluding ingress-egress drives, and twenty feet setback, shall be required and landscaping shall require trees in the ratio of at least one tree for every 2,000 square feet or fraction thereof of area landscaped. Landscaping shall consist of a variety of hardy evergreen planted material consisting of trees, low-medium-high profile shrubs, together with suitable ground cover and be maintained in such a manner as not to impair vehicle visibility.
(h) The storage area shall be completely enclosed by walls, fences or buildings, or combination. All walls and fences shall conform to Section 1151.23, fence and wall regulations.
(i) Interior landscaping shall be based on fifteen square feet of landscaping per parking space required and will be distributed reasonably evenly across the lot area.
(k) Outside storage is prohibited in the self-service storage facilities.
(Ord. 1990-93. Passed 10-22-90.)
1153.22 CAR WASHES.
On any lot where a drive-through or self-service car wash is open to the public, the following requirements shall apply:
(a) At a drive-through car wash, mechanical washing of vehicles, as well as mechanical drying or other detailing, shall occur completely within an enclosed building.
(b) The construction, operation and maintenance of such use shall be such that it will not be hazardous, noxious or offensive due to the emission or off-site migration of odor, noise, vibration, litter and refuse, or wastewater.
(c) Ingress and egress to the parcel shall conform to the Streetsboro Construction Standards and the Streetsboro Access Management Policies and Guidelines, promulgated by the Engineering Department on July 28, 2022.
(d) At a drive-through car wash, not less than 10 stacking spaces shall be provided for each wash line or wash bay. The dimensions of each stacking space shall be not less than 20 feet long and 10 feet wide.
(e) No interior lighting, visible from adjacent properties, nor exterior sound devices, audible from adjacent properties, shall be used.
(f) Self-service vacuum machines shall be located no closer to the public right-of-way than the front building wall of the car wash.
(g) Car wash shall be the principal or accessory use on no more than five (5) lots in the city. An application for Conditional Use Certificate shall be denied if it would violate this provision.
(h) For the purposes of this Section, "drive-through car wash" means an ongoing enterprise, activity or establishment where vehicles are washed in a structure, mechanically either on a conveyor or in a wash bay. "Self-service car wash" means an ongoing enterprise, activity or establishment consisting of a structure where the vehicle operator washes the vehicle using equipment and supplies provided by the car wash establishment.
(Ord. 2024-20. Passed 1-22-24.)
1153.22.1 AUTOMOTIVE REPAIR.
(a) There shall be no parking in the required front yard area, other than employees and/or customers waiting for service.
(b) The maximum number of parking spaces permitted on site shall be:
(1) One space for each employee;
(2) Six spaces for each enclosed garage or bay area.
(c) Any motor vehicle that is being repaired shall not remain on the premises for more than ten days.
(d) No vehicle shall be dismantled unless said vehicle is being repaired inside the garage and said repair shall be accompanied by a repair order showing the description of the automobile, owner and the description of the work required. A valid and current license plate shall be displayed on all vehicles.
(e) No vehicle parked on the property shall be dismantled for the purposes of selling, bartering, swapping or giving of any part or parts of said vehicle.
(f) No trucks with a capacity over one ton, buses, camping trailers, truck or trailers shall be permitted on the property at any time unless the said vehicles are being repaired in the garage.
(g) The premises shall be devoid of all rubbish, litter, debris, automobile parts, etc. in accordance with Chapter 941.
(h) There shall be trash containers of sufficient size and capacity to contain any and all wastes generated by the operation of business.
(i) The parking and drive area shall have a suitable cover to contain any mud that might be carried onto the roadway and shall have proper drainage.
(j) The site shall be sufficiently landscaped.
(k) The storage or the impounding of vehicles shall not be permitted pursuant to the conditions of this section.
(Ord. 1995-100. Passed 11-27-95.)
1153.23 GASOLINE SERVICE STATIONS.
(a) Gasoline service stations shall conform to all setback requirements of the district in which they are permitted except that gasoline pump islands need not conform to the building setback lines but shall be setback from all road right-of-way lines at least twenty-five feet. Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as provided elsewhere herein. Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential district or hazard to traffic on any public thoroughfare. Ingress and egress driveways shall be limited to two, shall not exceed thirty feet each in width, shall be separated from the intersection of any two road right-of-way lines by at least forty feet and from the intersection of any other property line with any road right-of-way line by at least ten feet. At least a six inch high pedestrian curb shall be installed where any service areas adjoin any road right-of-way lines, except at driveway approaches.
(b) Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan. Such parking areas shall not be closer than fifty feet to any road right-of-way.
(c) Not more than eight square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any road right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.
(d) Notwithstanding any other provisions of this or other sections relating to development of gasoline service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility of intersections or at station driveways shall be permitted.
(e) The rental and storage of utility trailers and trucks offered for rent shall be permitted in conjunction with an automobile service station upon compliance with the following conditions:
(1) Storage areas for rental trailers and trucks shall conform to all building setback lines;
(2) Storage areas shall be screened from any abutting land zoned for residential purposes by fencing and/or landscaping in accordance with provisions of Section 1135.06;
(3) Storage areas shall be clearly separated from, and shall not interfere with areas approved on the site plan for vehicular circulation, automobile servicing and vehicular parking areas necessary and incidental to the primary purpose of the gasoline service station operation; and
(4) Storage areas shall be permitted only on paved portions of the site.
(Ord. 1994-107. Passed 11-28-94.)
1153.24 VETERINARY HOSPITALS OR CLINICS.
Veterinary hospitals are conditionally permitted in the Business District provided such use is located in a building having adequate soundproofing and odor control. The boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.
(Ord. 1994-107. Passed 11-28-94.)
1153.25 TOURIST HOMES.
Tourist homes are conditionally permitted in the Business District in compliance with the following:
(a) Shall be converted dwellings only; no new principal structures shall be erected for that purpose.
(b) Shall be located on State or Federal marked routes.
(c) Shall not have ingress or egress to residential streets.
(d) Shall provide central facilities for collection and disposal of trash.
(e) Shall provide concrete sidewalks along public and private streets.
(Ord. 1994-107. Passed 11-28-94.)
1153.26 PARTY CENTERS.
Party centers are conditionally permitted in the Business District. Any establishment serving alcoholic beverages for consumption on the premises shall be conducted totally within an enclosed building which shall be at least 100 feet from any residential district and shall be at least 500 feet from any place of worship or school. Parking shall be in compliance with the regulations set in Chapter 1155.
(Ord. 1994-107. Passed 11-28-94.)
(Ord. 1994-107. Passed 11-28-94.)
1153.27 REPAIR SERVICES FOR MACHINERY AND EQUIPMENT, INCLUDING REPAIR GARAGES AND SPECIALTY ESTABLISHMENTS SUCH AS MOTOR REPAIR, BODY AND FENDER REPAIR, RADIATOR REPAIR, MOTOR TUNE-UPS MUFFLER SHOPS, TIRE REPAIR AND SALES.
In the Business District, a service station including the above, is a conditionally permitted use and shall comply with the following:
(a) All activities take place inside the building.
(b) An auto service garage may be combined with a gasoline station provided the regulations for each use are maintained.
(c) If adjacent to any residential district, the hours of operation shall be between 7:00 a.m. and 10:00 p.m.
(d) No lighting will be permitted which creates a glare on any street or on any adjacent residential property.
(e) The sale or rental of recreational vehicles or utility trailers is prohibited.
(f) No extended storage of vehicles shall be permitted.
(Ord. 1994-107. Passed 11-28-94.)
1153.27.1 BED AND BREAKFAST.
Bed and breakfasts may be located in an R-R District with the following conditions, and any other specific conditions imposed by the Planning Commission:
(1) The owner must reside at the site and provide proof of residency annually to the Zoning Inspector.
(2) A maximum of three guest units shall be permitted.
(3) Each facility shall have the following safety items:
A. Smoke alarms in each unit;
B. Two fire extinguishers, which shall be “abc” rating and one shall be located in the kitchen and one shall be located at main entrance/exit;
C. First-aid kit;
D. Emergency lighting and/or other safety devices as recommended by the Fire Chief.
(4) Food licensing shall be mandated by Ohio Revised Code.
(5) A minimum of one parking space shall be provided for each guest unit, in addition to two parking spaces for the owner-operator.
(6) The operator of the bed and breakfast facility must be the owner of record and hold no less than 50% interest in the property.
(7) An owner of a bed and breakfast shall be permitted to operate and maintain only one facility and hold one conditional use permit for such facility.
(8) Home occupancy must meet state health and safety requirements.
(10) The same guest or group of registrants shall not stay at the facility for a period of more than seven consecutive days or more than fourteen total days within a given calendar year.
(11) Only the owner or owner’s immediate family shall be employed at the facility.
(12) Failure to comply with these conditions, the Ohio Revised Code, the State Health Department or other such agencies shall be cause for repeal of the conditional use permit.
(Ord. 1995-25. Passed 3-27-95.)
1153.27.2 CREATIVE LAND USE.
Creative land use is designed to encourage lots of varying sizes within a project:
(a) The minimum lot area shall be two-thirds acre.
(b) The minimum project size shall be one acre per unit and one unit per acre.
(c) The minimum lot width at the building line shall be 100 feet.
(d) The minimum front yard depth shall be forty-five feet.
(e) The minimum rear yard depth shall be fifty feet.
(f) The minimum side yard width shall be fifteen feet.
(g) The maximum building height shall be thirty-four feet.
(h) A homeowner’s association shall be created and shall become owner of the remaining green space. All homes in the subdivision shall be members of the association.
(i) Unused or undeveloped land shall remain green space and be restricted by deed requirements as non-buildable in a recordable instrument approved as to form by the Law Director. This green space could be used as parks, woodlands and gardens; however, it shall be non-commercial and non-profit and shall not have roadways or permit motorized traffic.
(Ord. 1995-47. Passed 5-22-95.)
1153.28 IMPOUND MOTOR VEHICLE YARD.
Impound motor vehicle yards are conditionally permitted in Industrial Research and Office Districts pursuant to Section 1139.02(b)(14) and are subject to the following conditions:
(a) Said lot shall front on any of the following streets:
(1) Crane Center Drive;
(2) W. Wason Drive;
(3) Miller Parkway;
(4) Wellman Road;
(5) Ellsworth Road;
(6) Philipp Parkway; and
(7) Mondial Parkway.
(8) Ethan Avenue. (Ord. 2010-13. Passed 2-22-10.)
(b) Notwithstanding Section 1139.04(a) through (c), a required yard shall be 150 feet in depth whenever contiguous to a F-P, O-C, R-R, R-1, R-2, R-3, T-1, R-PUD or that portion of R-O or C-R zoning district used for residential purposes.
(c) Notwithstanding Section 1139.06, at least the first 50 feet of any yard required by (b) above shall be open space landscaped and maintained so as to minimize undesirable visual effects generated by the impound yard and may not be used for any other purpose. The balance of the yard area may be used as open space, employee picnic or recreation areas or employee and visitor parking, subject to conditions deemed appropriate by the City Planning Commission. Any area used for employee and visitor parking shall have a hard surface such as asphalt or concrete.
(d) Notwithstanding Sections 1139.07 and 1151.23 any yard contiguous to F-P, O- C, R-R, R-1, R-2, R-3, T-1, R-PUD or that portion of a R-P or C-R zoning district used for residential purposes shall have a solid opaque fence six feet in height placed along the yards required set back line or along the set back line establishing the minimum open space area by (c) above.
(e) That portion of a lot used for the impound area shall be completely enclosed with a solid fence six feet in height. That portion of a fence not subject to paragraph (d) above shall be fenced pursuant to specifications appearing in Section 1151.23(b).
(f) Each storage space for an impounded vehicle shall be contiguous to a driving aisle. No storage space may contain more than one impound motor vehicle.
(g) All lighting shall be arranged or baffled so as to direct and confine glare and direct illumination upon the subject property.
(h) Impound motor vehicles may not be dismantled, wrecked, sold, exchanged, traded, painted or given any body repair work.
(i) Impounded motor vehicles may be given engine, mechanical, electrical and similar repairs needed to allow inoperable cars to become operable. The repairs contemplated by this section are minor repairs and do not include substantial or complete motor replacement. All repairs shall be made within a building.
(j) Any impound motor vehicle which is totaled, substantially totaled or motorless, may not be stored in an impound motor vehicle yard more than thirty (30) days. Such vehicles must be relocated to junk yards, salvage yards or automobile wrecking yards, whether or not such junk yards, salvage yards, or automobile wrecking yards exist in Streetsboro.
(k) An operator of impound motor vehicle yard must submit an inventory report to the City of Streetsboro’s Building and Zoning Inspector as frequently as the Building and Zoning Inspector may require, except that the Building and Zoning Inspector may not require the submission of said report any more frequently than once a month. Said report shall be submitted on a form designed by the Building and Zoning Inspector. Two copies of said form shall be given to the operator when the operator gets a zoning permit. One copy shall be used by the operator to submit a first report. The second copy shall be used by the operator to make copies to be used for subsequent reports.
(l) The Building and Zoning Inspector shall have the authority with the prior written consent of the Law Director, to promulgate rules and regulations reasonably necessary to administer monitoring the operation of said yards.
(Ord. 1996-19. Passed 1-22-96.)
1153.29 REVOCATION HEARING.
(a) The Planning Commission may consider the revocation of a conditional use permit and special use permit in the event that it is found to be in violation of the requirements of these Codes and/or the conditions attached to the approval by the Planning Commission. Should revocation be considered, the Commission shall schedule a hearing in which to consider the revocation and shall notify the original applicant and/or project representative of the date, time and place of hearing at least twenty days in advance of the meeting by certified mail.
(b) In the event that the Commission decides to revoke approval, the occupancy permit shall not be issued until the Commission certifies that the violation(s) has been corrected.
(c) Where such violation involves a project where an occupancy permit has been issued, the violation shall be treated as a violation to this section and be subject to penalty as specified in Section 1107.11.
(Ord. 1994-107. Passed 11-28-94.)
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1155.01 LOCATION OF FACILITIES.
In all districts, in connection with every building or part thereof hereafter created, sufficient parking facilities shall be provided off-street to meet all the parking needs; the nearest edge of such facilities shall be within 500 feet of the principal permitted use or building.
(Ord. 1980-20. Passed 1-28-80.)
1155.02 MINIMUM NUMBER OF OFF-STREET PARKING SPACES REQUIRED.
(a) Auditorium, Stadium, and Similar Uses. One for each four seats based on maximum seating capacity.
(b) Business and Professional Offices, Government Administrative Offices, Banks, and Studios. One for each 300 square feet of floor space.
(c) Churches and School Auditoriums. One for each four seats in principal auditorium, based on maximum seating capacity.
(d) Clubs and Lodges. One per 150 square feet, or fraction thereof, of floor area or one for each three seating spaces in the assembly room, whichever is greater.
(e) Dwelling. Two for each dwelling unit.
(f) Hospitals. One for each two beds, plus one for each three employees.
(g) Hotels. One for each sleeping room plus one space for each two employees.
(h) Medical and Dental Offices and Clinics. Five for each physician or dentist plus one for each two other employees.
(i) Restaurants. One for each three seats.
(j) Retail Stores and Personal Service Shops etc. One for each 200 square feet of floor area with the following exceptions:
(1) Retail establishments selling furniture, floor and wall coverings. One space for each 600 square feet of floor area.
(2) Automobile and recreational vehicle sales. One space for each 1,000 square feet of floor area and one space for each 2,000 square feet of outdoor sales and storage area.
(k) Indoor Theaters. One for each four seats based on maximum seating capacity.
(l) Libraries and Museums. One for each 500 square feet, or fraction thereof, of floor area.
(m) Automobile Repair Garages. One for each two employees plus one for each 500 square feet, or fraction thereof, of floor area.
(n) Roadside Stand. Two parking spaces.
(o) Manufacturing Facilities. One space for each 500 square feet of floor area.
(p) Storage and Warehouse Facilities. One space per each 1,000 square feet of floor area.
(q) Outdoor and/or Indoor Recreation Facilities.
(1) Golf courses. Eight spaces for each green.
(2) Tennis courts. Four spaces for each court.
(3) Swimming pools. One space for each fifty square feet of swimming pool area.
(4) Ballfields. One space for each 4,000 square feet of ballfield.
(5) Skating rinks. One space for each fifty square feet of rink area.
(6) Bowling alleys. Four spaces for each alley or lane plus one additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use.
(r) Public and Parochial Schools.
(1) Administrative offices. One space for each 300 square feet of gross floor area.
(2) Elementary and Junior high. One space for each two staff members.
(3) High schools. One space for each two staff members; plus one space for each ten students or one space for each four seats in principal auditorium, whichever is greater.
(s) Institutions for Higher Education. One space for each six students in a classroom based on planned capacity.
(t) Business, Technical and Trade Schools. One space for each two staff members; plus one space for each two students based on planned capacity provided that kindergarten, child care centers, nursery schools and similar uses shall have two spaces for each classroom, but not less than six spaces for the building.
(u) Public Service and Utility Facilities. One space for each 1,000 square feet of gross floor area and one additional space for each 2,000 square feet of outdoor storage area, if any.
(v) Outdoor Recreation and Entertainment Facilities. One space for every 500 square feet of lot area.
(w) Motor Vehicle Rental Agencies. One space for each 300 square feet of gross floor area for non-rental vehicle parking, plus adequate space for rental vehicles.
(Ord. 2024-20. Passed 1-22-24.)
1155.03 GENERAL REGULATIONS.
(a) Floor Area. For the purposes of this section "floor area" in offices, merchandising and service types of uses shall mean the area used for service to the public and excludes areas used principally for non-public purposes such as storage, incidental repair, processing, show windows, rest rooms and dressing rooms. In measurement for parking space, fractions of required floor area over one-half shall require one parking space.
(b) Parking Space Dimensions. The minimum dimensions for a parking space shall be:
(1) Nine feet and six inches in width and nineteen feet in length for all angle parking, including right angle parking.
(2) Nine feet in width and twenty-three feet in length for all parallel parking.
All dimensions shall be exclusive of driveways, aisles and other circulation areas.
(c) Parking Area Design. Such parking areas shall be of useable shape, improved with bituminous concrete, or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area. All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from adjoining premises or streets and no open light sources such as the stringing of light bulbs shall be permitted. Wheel guards, including bumper guards as may be necessary, shall be provided in connection with any off-street parking area of five cars or more, and shall be constructed so as to confine the storm water surface drainage to the premises; to contain the cars on sloping surfaces; and to prevent bumper overhang.
(d) Entrances and Exits. Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more than two accessways abutting on any one street. The minimum and maximum widths of such accessways shall be determined by the City Engineer in accordance with ODOT Location and Design Manual, Volume 1, Section 803, with concurrence of the Planning Director, except that residential uses shall have accessways of not less than eight feet.
(e) Truck Circulation. Truck parking areas, maneuvering lanes and accessways to public roads shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(f) Residential and/or Commercial Districts. The parking and loading regulations for all districts which permit multiple uses shall be the same as the regulations for commercial and/or residential uses as they would otherwise apply individually. The Planning and Zoning Commission may reduce the parking and loading space requirements for multiple uses as a conditional use in accordance with Sections 1155.03 and 1155.04.
(g) Yard Restrictions.
(1) In all O-C, R-R, R-1 and R-2 Districts, required off-street parking facilities shall not occupy any portion of the required front or side yard, but where open may be included as part of a required open space for a rear yard.
(2) In all R-3, R-O and I Districts, open off-street parking facilities may be located in all yards provided that at least a twenty foot wide landscaped strip is located between the parking area and the street right-of-way line. When off-street parking facilities are located in the required side or rear yard on the portion of the lot adjacent to a parcel in an O-C, R-R, R-1, R-2, R-3, and R-O District, a minimum ten foot wide landscaped area shall be located between such parking area and the side or rear lot line, and such parking lot shall be screened from the adjacent parcel by a fence, wall or compact hedge at least four feet in height.
(h) Location. The parking spaces required for dwelling units shall be located on the lot and parking spaces required for other uses shall be located on the lot or within 500 feet of the use measured along lines of public access to the property but shall not be allowed in residential districts, except as provided in subsection (i) hereof.
(i) Joint Use.
(1) Parking spaces already provided to meet off-street parking requirements for places of public assembly, commercial and industrial establishments, lying within 500 feet of a church measured along lines of public access, and that are not normally used between the hours of 6:00 a. m. and 6:00 p. m. on Sundays, and are made available for other parking, may be used to meet no more than seventy-five percent (75%) of the off-street parking requirements of a church.
(2) Parking spaces already provided to meet off-street parking requirements for commercial and industrial establishments lying within 500 feet of a place of public assembly along lines of public access, that are not normally in use between 6:00 p. m. and midnight, and are made available for other parking, may be used to meet not more than fifty percent (50%) of the total requirements of parking space.
(3) In the case of a mixed use facility, the number of off-street parking facilities required shall equal the sum of the required spaces of the various uses computed individually if the Planning and Zoning Commission determines that special characteristics of the uses within such a facility will require fewer spaces than the computed sum, in which case the Commission may reduce the required number of spaces by no more than one-half of the sum of the spaces required for each individual use as a conditional use.
(j) Parking Lots in Residential District. The Planning and Zoning Commission may issue a conditional zoning certificate for parking lots in residential districts subject to the following conditions:
(1) The parking lot shall be accessory to and for the use in connection with one or more permitted or conditionally permissible uses in and adjoining commercial or industrial district.
(2) Such parking lot shall contain not less than 5,000 square feet, which shall abut at least fifty feet, either directly or across an alley or street, on the district in which the use for which the parking is provided, permitted or conditionally permissible.
(3) Such parking lot area shall conform to the minimum building lines of the district in which the parking area is located.
(4) Such parking lot shall be used solely for the parking of passenger vehicles and no commercial repair work or service of any kind shall be conducted on such parking lot.
(5) No sign of any kind, other than those designating entrances, exits and conditions of use shall be maintained on such parking lot. Entrances and exits shall be at least twenty feet from any adjacent property located in any residential district. Such parking lot shall be efficiently screened on each side by a fence of acceptable design, wall or compact hedge. Such fence, wall or hedge shall be not less than four feet in height and no solid portion shall be more than six feet in height and shall be maintained in good condition. The planting strip for hedges shall be no less than three feet in width. At least one water outlet shall be provided not more than fifty feet from the lot for maintenance of plant materials. The space between such fence, wall or hedge and the side lot line of adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition
(k) Off-Street Parking Landscaping. Parking areas, in any zoning district, shall be provided with fifteen square feet of landscaping per space within the parking area which shall be distributed reasonably evenly across the parking area when the following conditions exist:
(1) The parking area has a minimum of thirty parking spaces;
(2) The parking area consists of one or more double-loaded parking aisles; and
(3) The parking area, or portion thereof, is in full view from the street right of way or adjacent to residential district.
The Planning and Zoning Commission, in reviewing the development plan pursuant to Section 1151.27, may reduce the amount of landscaping required when it determines that the landscaping required is not necessary in reducing the adverse impact of such parking area on adjacent street right of ways or adjacent residential property.
(Ord. 2018-80. Passed 6-11-18.)
(Ord. 2018-80. Passed 6-11-18.)
(l) With respect to any non-residential use, including three-family, four-family, and multifamily uses, the Planning and Zoning Commission may, upon finding that the number of parking spaces required by Section 1155.02 are not reasonably necessary in order to provide adequate parking for a proposed development, authorize or require a developer to provide a lesser number of actual parking spaces and to landbank the remaining spaces required by Section 1155.02 for future parking needs. The entire landbanked area shall be shown on the site plan and improved with landscape plantings as approved by the Commission. In the event a future change of use or tenancy or expansion of a use requires, in the determination of the Commission, additional actual parking, then the Commission shall require that additional parks spaces be provided from the previously landbanked area of the development. The Planning and Zoning Commission may grant a deviation to the number and dimensions of landbanked parking spaces as a part of the Site Plan Review or Site Plan Amendment approval process, provided that the Commission determines that the applicant has submitted sufficient evidence to support the deviation.
(Ord. 2009-76. Passed 6-22-09; Ord. 2023-144. Passed 11-13-23.)
1155.04 MINIMUM LOADING AND UNLOADING SPACES.
Every building used for nonresidential purposes which customarily receives or distributes goods by motor vehicle shall provide sufficient space on the premises for all loading and service purposes on the basis of the following minimum 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 such trucks.
(b) Loading space required pursuant to this section shall be provided in addition to off-street parking spaces required under Section 1155.01 and shall not be considered as supplying any portion of the required off-street parking spaces.
(Ord. 1980-20. Passed 1-28-80.)
1155.05 PARKING AND LOADING FOR USES NOT SPECIFIED.
Where the off-street parking and loading requirements for a use are not specifically defined herein, the parking and loading facilities for such use shall be developed so as to be sufficient to meet all the parking and loading needs of the proposed use; no parking, loading or servicing shall be done on the right of way of any publicly dedicated thoroughfare.
(Ord. 1980-20. Passed 1-28-80.)
1157.01 PURPOSE.
The purpose of this chapter is to provide for the eventual and equitable elimination of uses that do not conform to the existing zoning requirements, but which were in lawful operation prior to the enactment of this Zoning Ordinance or amendment thereto.
(Ord. 2013-99. Passed 11-25-13.)
1157.02 REGULATIONS.
The lawful use of any building or land existing at the effective date of this Zoning Ordinance or amendments thereto may be continued, although such use does not conform to the provisions of this Zoning Ordinance.
(a) Unsafe Structures. Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
(b) Alterations. A building or structure containing a nonconforming use may be altered, improved or reconstructed, enlarged, or extended provided such work is not to an extent exceeding, in aggregate cost during any ten year period, the assessed value of the building or structure on the date these regulations take effect, unless the building or structure is changed to a conforming use.
(c) Restoration.
(1) Nothing in this Zoning Ordinance shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming nonresidential building or structure, damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Zoning Ordinance, wherein the expense of such work does not exceed fifty percent (50%) of the replacement cost of the building or structure at the time such damages occurred.
(2) Nonconforming residential buildings or structures are permitted to be reconstructed, repaired, or rebuilt following damage by fire, collapse, explosion or acts of God, to one hundred percent (100%) of the replacement cost of the building or structure at the time such damages occurred.
(d) Construction Approved Prior to Zoning Ordinance. Nothing in this Zoning Ordinance shall prohibit the completion of construction and use of a nonconforming building for which a lawful permit has been issued prior to the effective date of this Zoning Ordinance or any amendment thereto provided that construction is carried on diligently and without interruption for a continuous period in excess of thirty days; and that the entire building shall have been completed within two years after the issuance of such permit; except that signs shall have been completed within sixty days.
(e) Displacement. No nonconforming use shall be physically enlarged or extended to displace a conforming use.
(f) Discontinuance. Whenever a nonconforming use or building has been discontinued for a period of one (1) year or more, the nonconforming use or building shall not be reestablished, and any further use or building shall be in conformity with the provisions of this Zoning Ordinance.
(g) Wear and Tear. Nothing in this Zoning Ordinance shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this Zoning Ordinance, rendered necessary by wear and tear, deterioration or depreciation provided the cost of such work shall not exceed thirty percent (30%) of the market value of such building or structure at the time such work is done, nor prevent compliance with the provisions of the Building Code relative to the maintenance of buildings or structures.
(h) District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein and to any use made nonconforming by such change.
(Ord. 2013-99. Passed 11-25-13.)
1157.03 CONTINUATION OF EXISTING USES CONDITIONALLY PERMISSIBLE.
All uses existing at the time of passage of this Zoning Ordinance or amendments thereto and conditionally permissible in their respective districts under this Zoning Ordinance shall be permitted to continue as nonconforming uses.
(Ord. 2013-99. Passed 11-25-13.)
1159.01 PURPOSE AND INTENT.
The sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve among others the following purposes:
(a) To maintain high quality residential districts and promote attractive public facilities by permitting only nameplates and identification signs related to the development of such districts;
(b) To provide reasonable, yet appropriate conditions for identifying establishments in office, business and industrial districts by relating the size, type and design of signs to the type and size of the office, business and industrial establishments;
(c) To eliminate any conflict between advertising signs and traffic control signs, which would be hazardous to the safety of the motoring public or pedestrian;
(d) To control the design and size of signs to ensure that their appearance will be aesthetically harmonious with an overall urban design for the area; and
(e) To promote the most desirable developments and economic activity consistent with the objectives of the planning and development program of the City of Streetsboro.
(Ord. 2023-33. Passed 2-13-23.)
1159.02 REGULATIONS ESTABLISHED.
(a) Signs shall be designed, erected, altered, reconstructed, moved and maintained in whole or, in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
(b) The construction, erection, safety and maintenance of all signs shall be in accordance with the applicable municipal codes. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the municipality.
(c) The display of official public notices, and the flag, emblem or insignia of all official governmental bodies shall not be governed by the provisions of these regulations.
(Ord. 2005-94. Passed 7-25-05.)
1159.03 ADMINISTRATION/APPLICATION AND PERMIT.
(a) All signs exempt by Section 1159.21 of this Chapter must obtain City Planning Commission approval before getting a Zoning Certificate or a building permit to construct, alter, replace or move a sign.
(b) Application Requirements. A complete application shall consist of all of the following:
(1) An application form supplied by the Planning and Zoning Department that is filled out and signed by the person or entity that will own the sign and the person or entity who owns the property or their designee; and
(3) Twelve copies of a site plan drawn to scale showing all of the following except for items waived by the Planning and Zoning Department:
A. The location and dimensions o the property’s boundary lines and
B. Topographical lines for existing grade contours at two (2) feet intervals; and
C. The location of all buildings and structures, including fences, on the lot; and
D. The location and shape of driveways, parking spaces, curb cuts, and all other components of the vehicular circulation system; and
E. The location and shape of all easements and their purpose; and
F. The location, of all on site utilities apparatus, including poles; and
G. The location, dimensions, and description of all existing signage on the property; and
H. The sign design and layout proposed, including total area of the size, height, character, materials and color of letters, lines and symbols; and
I. Color photographs of existing buildings or colored rendering of proposed building; and
J. For illuminated signs, the number and types of lamps and lens material and a statement that the illumination of each sign will comply with the provisions in Section 1159.06.
K. Elevations, plans, specifications, and locations for proposed signs, including proposed lighting and landscaping. If a sign is proposed to be on a wall or fence, then the entire wall or fence section the sign will be attached to must be depicted showing the location of the sign and said wall fence; and
L. The elevations and plans required by h, above must depict all graphics, wording, numbers, and symbols to be displayed and must describe the nature of materials and the colors to be used for all components of the signs.
M. Details and specifications for construction, erection and attachment as required by the Building Code and the name of the sign contractor or company.
(4) All other information deemed pertinent by the Planning Director.
(c) Review Procedure
(1) The Planning Director or Planning Clerk shall forward the application and drawings to the Planning Commission for review to determine whether the proposed signage meets the standards, criteria, and furthers the purpose and intent of this Chapter. The Planning Commission may also consider:
A. The design, size, scale, shape, color, illumination, location and orientation of the sign in relation to the site and topography, other structures on the site, adjacent and neighboring land uses, sites and buildings; and
B. The visual impact and influence of the proposed signs, in relation to and in conjunction with signs currently existing or those reasonably expected to be erected in the vicinity of the proposed sign location; and
C. The maximum requirements and other regulations of this zoning code governing the use, location, size and character of signs.
(2) Sign applications shall be reviewed as follows:
A. Any sign that will be accessory to a principal use which is subject to site plan review shall be reviewed and acted upon as part of that site plan review process;
B. Any sign that will be an accessory use to any principal use that is not subject to site plan approval shall be processed and acted upon as follows:
1. A sign request will not be placed on a Planning Commission agenda until a complete application has been submitted;
2. A complete sign application must be submitted at least thirty (30) days prior to the regular Planning Commission meeting at which the applicant wishes to be heard;
3. No pubic hearing is required;
4. No written notice of the application is required to be submitted to anyone;
5. The Planning and Zoning Commission shall act upon the application on or before the next regular meeting of the Commission at which a quorum is present that occurs after the meeting at which the application was introduced.
C. The Commission may adopt a rule to delegate to the Planning Director authority to approve signs for single family homes, duplexes, or temporary signs that will comply with these regulations in all respects.
(d) Effective Date: Certificates and Permits: No sign application approval is effective until all of the events listed below have occurred:
(1) The Commission approved the proposal; and
(2) Notice of Action is given; and
(3) The Planning Director has issued a Zoning Certificate.
No building permits or other permits may be issued until the above have occurred.
(e) Amendments: Modifications proposed for any sign that has received Planning and Zoning Commission approval, whether installed or not, must be approved by the Commission pursuant to the applicable procedure in Section 1159.03. The Commission at its discretion may direct the Planning Director to authorize amendments by written administrative approval.
(Ord. 2005-94. Passed 7-25-05.)
(Ord. 2005-94. Passed 7-25-05.)
1159.04 CLASSIFICATION OF SIGNS (Use - Structural Types)
"Sign" means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a building, person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly on a structure.
(a) Classification by Use Types.
(1) "Permanent Sign" means a sign designed for use for an indefinite period of time and shall include the following:
A. "Directional Sign" means a sign indicating only the direction of pedestrian and vehicular circulation routes on the lot on which the sign is located, such sign shall not include any company name, logo or any non- directional information.
B. "Identification Sign" means a sign indicating the name and address of a building, development, facility, business, office, industrial or institutional establishment. Such signs shall only include company or institution name, logo and address, except that signs authorized to include changeable copy may provide further information relating to the facility or establishment, or to the activities of the establishment conducted on the same lot;
C. "Nameplate" means a sign indicating the name, address and profession of the person or persons occupying a building or unit of a building. No logo or advertising shall be permitted.
(2) "Temporary Sign" means a sign designed for use for a limited period of time and not permanently attached to announce special and political events or candidates or sales and the sale, lease, or rental of property. The expiration date of a temporary sign approved by the Zoning Inspector or Planning Director shall not exceed thirty (30) calendar days, unless otherwise stated in this code. A temporary sign shall include the following types of signs:
A. "Project sign" means a sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the owner, architects, engineers, contractors and other individuals or firms involved with the construction of the project.
B. "Real Estate Sign" means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.
C. Temporary signs not exceeding eight (8) square feet advertising a charitable or municipal function.
D. "Temporary signs - other" including, but not limited to political signs.
(b) Classification by Structural Types (See illustration - Signs: Structural Types):
(1) Building signs shall include the following:
A. "Marquee or mansard sign" means any hood or permanent construction projecting from the wall of a building above an entrance and extending over a street or sidewalk, or part thereof. Marquee or mansard signs are prohibited.
B. "Projecting sign" means a sign attached to an outside building wall and which projects at a 90º angle there from.
C. "Wall or panel sign" means a sign integral with the face of an exterior building wall or attached to and parallel with the wall.
D. "Window sign" means any sign attached to a clear see through window surface.
E. "Memorial sign" means any sign used to identify and describe a place or building of historical, cultural, or archeological significance or which has been designated as a local, state or national landmark or landmark district.
F. "Post sign" means a sign attached laterally to and below the top of a lamp post, fence post or other post.
G. "Street island sign" means a small piece of land surrounded by public streets, private streets, and/or common driveways that is located near the entrance to a residential subdivision, a residential complex, a commercial or office park, an institutional complex, an industrial park or the like.
H. "Canopy Sign" means any sign displayed on a canopy or suspended from a canopy, awning or marquee and hanging over a pedestrian or vehicular traffic corridor
(2) Freestanding signs shall include the following:
A. "Planter sign," "monument sign," and "planter/monument" sign means a free-standing sign that is either 1) supported by a masonry foundation that is at least as wide as the sign, or 2) supported by other means but having the support structure concealed by a low wall, box or other structure made of masonry, stone or wood that contains evergreen vegetation and that, with the vegetation, is as wide as the sign and entirely conceals the sign's support structure;
B. "Pole sign" means a sign which is supported from below by a single structural member, regardless of material or dimension, if the sign does not conform to the definition of a monument, planter or planter/monument sign. Pole signs are prohibited in all zoning districts.
C. "Roof sign" means any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure. Roof signs are prohibited in all zoning districts.
(Ord. 2023-33. Passed 2-13-23.)
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1159.05 DESIGN STANDARDS.
Signs, as permitted in the various zoning districts, shall be professionally designed, constructed and installed so as to be compatible in character with regard to the architecture of the building on which they are located, and to the materials, color and size of signs designed or located on the same building and on adjoining buildings in order to produce an overall unified effect in accordance with the standards set forth in this section.
(a) Wall/Panel Signs. Wall signs shall not project more than twelve (12) inches from the building wall to which it is attached and shall be set back from the end of the building, parapet or party wall line for a distance of at least three (3) feet and shall not project above the building wall. Wall signs may be internally or externally illuminated.
(b) Projecting Signs. Shall not extend more than three (3) feet from the face of a building and the lowest portion of such sign shall not be less than eight (8) feet above the finished grade of a sidewalk or other pedestrian way.
(c) Sign Height. Maximum height of freestanding signs shall be in accordance with the height limitations as specified in the following zoning district regulations. The height of a freestanding sign shall be measured from the base of the sign or the supporting structure at normal grade to the top of the highest element. Normal grades shall be:
(1) The existing grade prior to construction; or
(2) The newly, established grade after construction, exclusive of filling, berming or mounding solely for the purpose of locating the sign.
(d) Vertical Dimension. The lowest member of all signs which are supported or suspended from a building shall not be less than eight (8) feet above the finished grade of a sidewalk or other pedestrian way. If located over a pavement used for vehicular traffic or within eighteen (18) inches of the vertical projection of the edges of such pavement, the lowest member of the sign shall not be less than fifteen (15) feet above the finished pavement.
(e) Relation to Openings. Signs shall not project over or obstruct the required windows or doors of any building.
(f) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections, street sight lines or signals at railroad grade crossings. Signs visible from the street shall not contain an arrow or words such as "stop", "go", "slow", etc. and the movement, content, coloring or manner of illumination shall not resemble traffic control signs.
(g) Movement Restriction. No sign shall employ any parts or elements which revolve, rotate, whirl, spin, flash or otherwise make use of motion to attract attention, except as otherwise authorized by Section 1159.27. Banners, posters, pennants, ribbons, streamers, spinners, strings of lights, search lights, air balloons other similar devices for the purpose of advertising or attracting attention are prohibited.
(h) Signs on Corner Lots. No sign shall be allowed within a triangle formed between two points on the front and side street right of way lines within thirty-five (35) feet from their intersection.
(i) Continuity. Signs and their placement shall be considered in relation to their surroundings and if seen in series on a building wall or walls, shall have continuity of design with respect to shape, materials and color.
(j) Style and Color. The style (or design) of a sign shall be consistent throughout a particular building or group of buildings. The colors of signs shall be compatible with the color of the building façade(s) and other existing and proposed signs.
(k) Graphics. The lettering on a sign shall be clearly legible and in scale with the sign surface upon which it is placed. Changeable copy signs are permitted only as authorized by Section 1159.27.
(l) Materials. Signs shall be constructed of materials which are of appropriate quality and durability and which are compatible with the materials of the building upon which such signs are placed.
(m) Structural Design. The construction, erection and maintenance of all signs shall be in compliance with the Building Code and all other applicable municipal standards and regulations.
(Ord. 2023-33. Passed 2-13-23.)
1159.06 ILLUMINATION OF SIGNS.
(a) Internally illuminated signs shall be illuminated with LED (light emitting diode) only. No intermittent, flashing, or moving illumination shall be permitted. No exposed LED or neon shall be permitted.
(b) A permanent sign in any district may be illuminated after sunset. Except as provided in subsection (c), signs that are illuminated after sunset shall not exceed a maximum luminance level of seven hundred fifty (750) cd/m2 (candelas per square meter, i.e., nits), regardless of method of illumination. At sunrise, the sign may resume luminance levels appropriate for daylight conditions.
(c) Where changeable copy is permitted on a planter/monument sign, the maximum luminance level of the portion of the sign containing an Electronic Message Center display shall be limited as provided in Section 1159.27.
(d) Externally illuminated signs, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
(e) Temporary signs shall not be illuminated.
(Ord. 2022-23. Passed 2-13-23.)
1159.07 SIGN FACE AREA.
Throughout this Chapter, reference is made to the maximum permitted sign face area for single face signs. Freestanding signs may, however, have more than a single sign face. In such case, the maximum permitted sign face area for a single sign face shall apply to all sign faces. For example, if a sign face area of forty (40) square feet is permitted for a single sign face, a double-faced sign is permitted forty (40) square feet of sign face area for each sign face or a total of eighty (80) square feet. No sign shall have more than two (2) sign faces.
(Ord. 2005-94. Passed 7-25-05.)
1159.08 TEMPORARY SIGNS.
(a) Temporary signs may be displayed in all zoning districts subject to the following schedules and conditions:
(1) Political signs – forty-five (45) days prior to the election and until seven (7) days after the election.
(2) Construction signs - at the commencement of construction until the issuance of the certificate of occupancy, the abandonment of the project, or the failure to diligently pursue a reasonable construction schedule.
(3) Real estate project signs and commercial real estate signs – Subject to regulations in each zoning district listed in this Chapter.
(b) Each temporary sign (except political signs and temporary signs in residential zoning districts) must receive a temporary sign certificate through the Planning and Zoning Department by remitting a twenty-five ($25.00) certificate fee per sign. Unless otherwise stated in this Code, each temporary sign certificate shall allow a temporary sign to be displayed for up to thirty (30) days. At the time of application for a certificate, the applicant shall indicate on the application form the dates upon which the temporary sign will be installed and removed. If the applicant fails to remove the temporary sign by the deadline date and/or the expiration date of the certificate, the City, without demand or notice to the applicant, may remove the sign(s).
(c) Unless otherwise stated in this Code, each address or business entity is permitted to receive a maximum of four (4) thirty (30) days temporary sign permits per one (1) calendar year.
(Ord. 2017-53. Passed 4-24-17; Ord. 2023-144. Passed 11-13-23.)
1159.09 INSTITUTIONAL FACILITY SIGNS.
Signs accessory to a governmental facility, a non-profit school or educational facility, or a place of worship ("institutional use") shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:
(a) One identification planter sign not exceeding forty (40) square feet in single sign face area and eight (8) feet in height may be permitted on any building lot but not less than ten (10) feet from any lot line and street right-of-way line.
(b) Each institutional use shall be permitted one (1) wall/panel sign to the extent authorized and limited in Section 1159.13.
(c) Directional signs not exceeding three (3) square feet in single face sign area and three (3) feet in height may be permitted on any building lot but not less than ten (10) feet from any lot line and street right-of-way line.
(Ord. 2023-33. Passed 2-13-23.)
1159.10 RESIDENTIAL DISTRICT SIGNS (One family, Two Family, Single Family Cluster, Apartment and Senior Residence)
Accessory signs in residential districts shall be designed, erected, altered, moved, and maintained, in whole or in part, in accordance with the regulations as provided in this Section.
(a) One (1) wall name plate indicating an occupant’s name and house number, not exceeding two (2) square feet in sign face area, may be located on any dwelling.
(b) One temporary real estate sign advertising the sale, rental or lease of the premises on which the sign is displayed, not exceeding six (6) square feet in single face sign area and four (4) feet in height shall be permitted for each dwelling or lot, provided such sign shall be located not less than twenty five (25) feet from any side lot line or ten (10) feet from any street right of way line. Illumination shall not be permitted. The real estate sign must be removed upon one of the following: transfer of ownership or the property or expiration of the listing agreement.
(c) One temporary project sign, not exceeding thirty-two (32) square feet in single face sign area and eight (8) feet in height, may be permitted while a development is under construction provided such sign is located on the parcel being developed. This sign shall be installed in accordance with Section 1159.08. A temporary project sign shall be located not less than ten (10) feet from the nearest street right of way line, twenty five (25) feet from the nearest lot line and one hundred (100) feet from the nearest occupied residence, or at a location recommended by the Planning Director. Permits for such signs shall be for a period not to exceed one year, however, such permits may be renewed if the applicant establishes, and the Planning Director confirms that construction is being pursued diligently.
(d) Temporary Signs – Other – including but not limited to, political signs.
(e) One permanent subdivision or project identification planter sign, or street island sign not exceeding forty (40) square feet in single sign face area and eight (8) feet in height, indicating the name of the subdivision or residential development, may be permitted for each entrance to the subdivision or residential development. Such signs shall be set back not less than ten (10) feet from the street right of way line and shall comply with the provisions for Signs on Corner Lots (Section 1159.05 (H). Illumination, if any, of such sign shall meet the requirement of Section 1159.06.
(f) Street Island Signs – A street island sign shall be permitted for each entrance to the subdivision or residential development. A street island sign is subject to the following standards:
(1) The sign must be a project identification sign.
(2) The sign must be a “back to back” ground sign.
(3) The sign must be set back at least three (3) feet from any island edge.
(4) The sign must be set back at least twenty-five (25) feet from the right of way line of the street that intersects with the project’s entrance street.
(g) Special Event Signs.
(1) The Zoning Inspector (Building Department), upon receipt of the necessary bond, may permit:
A. A maximum of four temporary signs within the City for a period not to exceed thirty (30) days and which are limited to the purpose of advertising public activities sponsored by public, institutional or charitable organizations within the City.
(Ord. 2005-94. Passed 7-25-05.)
1159.11 BUSINESS DISTRICT SIGNS.
Signs in Business Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:
(a) Use Types Permitted.
(1) Directional;
(2) Identification;
(3) Nameplate;
(4) Project (temporary) and Real Estate (temporary)
(5) Temporary - Other (Political signs)
(b) Structural Types Permitted.
(1) Canopy;
(2) Planter/Monument;
(3) Wall/Panel;
(4) Window.
(c) As used in this Section, "Business District" means the B (Business), B-T (business transitional), C-R (commercial, office, residential), R-O (residence-office), R-T transitional residential), and C-3 (highway interchange commercial) districts. This section also applies to legal non-conforming non-residential uses in other districts. (Ord. 2019-38. Passed 3-11-19.)
1159.12 BUSINESS SIGNS - MEASUREMENT STANDARDS.
Signs identifying an office, retail business and service use shall be regulated by relating the total maximum area of all signs to the size of the building unit to which the signs are necessary.
(a) The maximum sign face area permitted for a building or use shall include all the surfaces of a single face sign or signs, and one surface of a double faced sign. The area of a sign shall be measured as the minimum area which can be enclosed by a square, rectangle, or triangle, or any combination thereof, the sides of which make contact with the extreme points or edges of the sign face, excluding the supporting structure if such does not form a part or the advertising portion of the sign.
(b) The “unit of building” or “building unit” refers to a space occupying a portion of the ground floor of a building, containing its own entrance and separated from other such spaces by a party wall or walls. Building unit width shall be the width of the unit as measured from party wall centerlines along the building frontage.
(c) Service entrances to a retail business and service use may be identified by a nameplate on the building not exceeding two square feet in single face sign area.
(Ord. 2005-94. Passed 7-25-05.)
1159.13 WALL/PANEL SIGNS - MAXIMUM AREA PERMITTED.
The maximum sign face area for all permitted office, retail business and service use signage for each building shall be determined as follows:
(a) “Sign area” means the figure computed on the basis of all that area within the outside dimension of the sign, but shall not include the area necessary for supporting structures. In the case where characters or symbols are attached to a structure with no background other than the structure to which they are attached, the sign area shall be that area contained within the smallest single continuous perimeter or not more than eight (8) straight lines enclosing the extreme limits of the sign. When a sign has two display faces, the area of one face shall be included in determining the area of the sign; however, when a sign has more than two faces, the area of the sign over two faces shall be added to the total area. In addition, all riders or attachments to the signs or sign structures, whether temporary or permanent, shall be included as part of the total sign area for the sign to which they are attached.
(b) Each business shall be permitted one wall sign, the size of which shall be limited to a maximum of two (2) square feet for every linear foot of wall on the building side upon which the sign is located.
(Ord. 2005-94. Passed 7-25-05.)
1159.14 BUSINESS SIGNS - NUMBER, LOCATION AND AREA REGULATIONS
(a) Location. Except as provided in subsections (c) and (h) hereof, signs within the Business District may only be located upon the property to which they pertain. As used in this Section, "Business District" means the B (Business), B-T (business transitional), C-R (commercial, office, residential), R-O (residence-office), R-T transitional residential), and C-3 (highway interchange commercial) districts. This section also applies to legal non-conforming non-residential uses in other districts.
(b) Wall Signs. One wall sign may be permitted for each separate business use.
(c) Planter/Monument Signs. Business uses may be permitted one planter/monument identification sign in accordance with the following provisions:
(1) Planter/Monument signs shall not be less than twenty-five (25) feet from the side lot line and not less than one hundred (100) feet from any Residential District line. A planter/monument sign shall be set back a minimum of ten (10) feet from the street right of way line. No planter/monument sign shall be allowed within a triangle formed between points on the street right of way line and the nearest edge of an intersection drive within thirty-five (35) feet from the intersection.
(2) The maximum single face sign area shall not exceed forty (40) square feet for any planter/monument sign.
(3) The maximum height of a planter sign shall be eight (8) feet including frames and moldings. All planter/monument signs shall have a decorative base and the base shall not exceed forty-five percent (45%) of the entire sign area.
(4) A planter/monument sign shall be permitted to a freestanding single-tenant non-residential building in an Integrated Development Plan Area identified in subsection (i) hereof, notwithstanding that the business is or can be represented on a multi-tenant identification sign granted under that subsection.
(d) Canopy or Covered Walk Signs. One canopy or covered walk identification sign may be attached to the soffit or fascia of a canopy or roof over a walkway of each business use. The lowest member of such sign shall not be less than eight (8) feet above the sidewalk grade.
(e) Directional Signs. Directional signs indicating traffic routes may be permitted in addition to the other signs permitted and in excess of the other limitations of this Chapter, provided that no such sign exceeds three (3) square feet in a single face sign area or is closer than fifteen (15) feet to any side lot line or ten (10) feet to any street right of way line, and provided that no directional sign exceeds three (3) feet in height.
(f) Temporary Project Signs. One temporary project sign not exceeding thirty two (32) square feet in single sign face area and eight (8) feet in height shall be permitted if it is located on the lot of a proposed building or a building under construction. Such project sign shall be located not less than one hundred (100) feet from the nearest residential lot line and not less than twenty five (25) feet from the nearest nonresidential lot and street right of way line. Permits for such signs shall be for a period not to exceed one year. However, such permits may be renewed while construction is pursued diligently. Project signs shall be removed within fourteen (14) days of the commencement of the intended use or the issuance of a certificate of occupancy, whichever occurs first.
(g) Other Temporary Signs. Temporary signs announcing sales, new products or special business events may be permitted in addition to the maximum sign face area of a permanent business sign. Temporary signs may be placed on the inside surface of the windows and doors of the building provided that such signs do not exceed thirty percent (30%) of the window area and are not displayed for more than thirty (30) consecutive days. Temporary signs secured to surfaces other than windows of the main building are prohibited. Mobile or moveable signs are not permitted. One temporary real estate sign may be permitted advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed, provided such sign does not exceed thirty two (32) square feet in single sign face area or eight feet in height. Such sign shall be located not less than twenty-five (25) feet from any side lot line or fifteen (15) feet from any street right of way line. Illumination is not permitted.
(h) Business Identification Signs - Multiple Uses Not Subject to Integrated Development Plan. Properties containing multiple business uses may be permitted planter/monument identification signs in accordance with the following provisions: In the case of (1) business areas contained on one or more parcels of property and containing more than one building, designed, developed and operated as a coordinated unit, and (2) business buildings on one parcel of property containing more than one business unit: individual store or business identification shall be limited to signage attached to the building or unit thereof, and in addition, one permanent planter/monument identification sign may be permitted indicating the name of the shopping or business location or business building, as well as the names of the individual stores or businesses ("multi-tenant sign"). Multi-tenant identification signs provided for under this subsection (h) shall be authorized and limited as follows:
(1) Signs shall not exceed a total 160 square feet of sign face area,
(2) Signs shall not exceed ten (10) feet maximum height,
(3) Tenant identification panels shall not exceed twenty (20) square feet each,
(4) Signs shall be set back at least 10 feet from the nearest public right-of-way, and twenty-five (25) feet from the nearest property line, and
(5) In a business area contained on one or more parcels of property and containing more than one building, designed, developed and operated as a coordinated unit, a multi-tenant identification sign may refer to a business not located on the same parcel as the sign, if the business referred to is located within the area operated as a coordinated unit.
(i) Business Identification Signs - Multiple Uses Subject to Integrated Development Plan. Properties containing multiple business uses may be permitted planter/monument identification signs in accordance with the following provisions: In the case of a business area of five (5) acres or more developed under and subject to an Integrated Development Plan approved and in effect under either Section 1132.08 or 1147.06 hereof ("IDP Area"): individual store or business identification shall be limited to signage attached to the building or unit thereof, and in addition, permanent planter/monument identification signs may be permitted indicating the name of the shopping or business location or business building, as well as the names of the individual stores or businesses ("multi-tenant sign"). Multi-tenant identification signs provided for under this subsection (i) shall be authorized and limited as follows:
(1) Signs shall not exceed a total 200 square feet of sign face area,
(2) Signs shall not exceed twenty-five (25) feet maximum height,
(3) Tenant identification panels shall not exceed twenty (20) square feet each,
(4) Signs shall be set back at least ten (10) feet from the nearest public right-of-way, and twenty-five (25) feet from the nearest property line,
(5) One multi-tenant identification sign will be permitted for each main entrance to the IDP Area, provided that no such sign will be sited within 1,500 feet of another multi-tenant identification sign. "Main entrance" means a signalized intersection with at least three total lanes for vehicular entrance/exit, and
(6) In an IDP Area, a multi-tenant identification sign may refer to a business not located on the same parcel as the sign, if the business referred to is located within the IDP Area.
(j) Canopy Signs (Theatre). The Planning Commission shall determine the size and design characteristics of theatre canopy signage.
(k) Service Station Island Signs. Automobile service stations shall be permitted information signs at fuel pumps and other service islands. Such signs shall be limited to the display of information regarding the type of service provided and other information essential in directing and instructing the motoring public. The number, area, height and design of such signs shall be determined by the Planning Commission. No identification or business signs shall be permitted on, or attached to, any part of the pump island canopy.
(l) Office Park Identification Signs. In addition to the signs permitted in this Section, one office park identification planter or monument sign may be permitted for a unified development of three or more office buildings serviced by a common access drive. Said sign shall only identify the name and address of the office park. The maximum single face sign area shall not exceed forty (40) square feet. A planter sign shall not exceed eight (8) feet in height. Such sign shall be located at the vehicular entrance to the office park and shall be set back a minimum of thirty (30) feet from the nearest street right of way line and nearest edge of pavement of a private drive.
(m) Temporary Signs - Other - including but not limited to political signs.
(n) Medical Marijuana Dispensary Business Identification Signs. A medical marijuana dispensary shall be permitted one Wall or one Canopy or Covered Walk sign, otherwise compliant with this section and with Section 1159.13. A Canopy or Covered Walk sign shall not exceed the size limitations contained in Section 1159.13(b). The provisions of Section 3796:6-3-24(H) of the Ohio Administrative Code regulating dispensary advertising signage shall also apply to business identification signs authorized under this subsection.
(Ord. 2019-38. Passed 3-11-19.)
1159.15 INDUSTRIAL DISTRICT SIGNS (Intensive Commercial and Light Industrial, Limited Industrial and Heavy Industrial)
Accessory signs to industrial uses shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations.
(a) Use types Permitted:
(1) Directional;
(2) Identification;
(3) Nameplate;
(4) Project (temporary), and Real Estate (temporary)
(5) Temporary Signs – Other – including but not limited to political signs.
(b) Structural Types Permitted:
(1) Planter;
(2) Wall;
(3) Monument.
(Ord. 2005-94. Passed 7-25-05.)
1159.16 INDUSTRIAL SIGNS - MAXIMUM AREA AND NUMBER PERMITTED
(a) Planter/Monument Signs. One permanent identification planter sign indicating the building or occupant name only shall be permitted on the lot of each industrial use. A permanent identification planter sign shall not exceed forty (40) square feet in single sign face area. A planter/monument sign shall not exceed eight (8) feet in height and shall be located not less than twenty five (25) feet from a side property line and not less than one hundred (100) feet from a residential district line. A planter/monument sign shall be set back a minimum of ten (10) feet from a street right of way line.
(b) Wall Signs. Shall be permitted for each separate use occupying a building. The maximum sign face area of all permanent wall signs permitted for an industrial building shall be in accordance with the provisions of Section 1159.05. The maximum sign face area of a wall sign shall not exceed forty (40) square feet.
(c) Directional Signs. May be permitted in addition to the other limitations of this Section indicating traffic routes provided no such sign exceeds three (3) square feet in single sign face area or is closer than fifteen (15) feet to any side lot line or ten (10) feet to any street right of way line, and provided that no directional sign exceeds three (3) feet in height.
(d) Temporary Project Signs. One temporary project sign not exceeding thirty-two (32) square feet in single sign face area and eight (8) feet in height shall be permitted if it is located on the lot of a proposed building or a building under construction. Such project sign shall be located not less than 100 feet from the nearest residential lot line and not less than twenty five (25) feet from the nearest non residential lot and street right of way line. Permits for such signs shall be for a period not exceeding one year. However, such permits may be renewed while construction is pursued diligently. Project signs shall be removed within fourteen (14) days following the issuance of the first occupancy permit.
(e) Other Temporary Signs. One temporary real estate sign may be permitted advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed, provided such sign does not exceed thirty two (32) square feet in sign face area or eight (8) feet in height. Such sign shall be located not less than twenty five (25) feet from any side lot line or fifteen (15) feet from any street right of way line. Illumination shall not be permitted.
(f) Industrial Park Identification Signs. In addition to the signs permitted in this Section, one industrial park identification planter/monument sign or street island sign shall be permitted for a unified development of three (3) or more industrial buildings serviced by a common access drive. Said sign shall only identify the name and address of the industrial park. The maximum single face of sign area shall not exceed forty (40) square feet. A planter/monument sign shall not exceed eight (8) feet in height. Such sign shall be located at the vehicular entrance to an industrial park and shall be set back a minimum of thirty five (35) feet from the nearest street right of way line and nearest edge of pavement of a private drive.
(g) Temporary Signs Other - including but not limited to, political signs.
(Ord. 2005-94. Passed 7-25-05.)
1159.17 MAINTENANCE OF SIGNS.
All signs and sign structures shall be maintained in a safe and attractive condition. Illuminated signs shall be kept operable. Signs which no longer serve the purpose for which they were intended, or which have been abandoned, shall be removed by the latest permit holder, property owner or by the municipality at the expense of the permit holder or property owner.
(Ord. 2005-94. Passed 7-25-05.)
(Ord. 2005-94. Passed 7-25-05.)
1159.18 NONCONFORMING SIGNS.
(a) Construction, enlargement, relocation, extension, replacement and/or alteration of the structure of a nonconforming sign to any extent are not permitted unless it is brought into conformance with this chapter.
(b) In the event that the use of a nonconforming sign is discontinued or abandoned for a period of two consecutive months from the date of a documented inspection or date of utility disconnect from the use of which it advertises, the use of the sign shall thereafter conform to the provisions of this chapter;
(c) A nonconforming sign that is destroyed or damaged to the extent of more than 50% of the net worth, due to natural causes, may not be reconstructed except in accordance with this chapter; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within three (3) months;
(d) Normal maintenance is allowed on all existing legal nonconforming signs;
(e) A nonconforming sign may not be transferred from the user or owner of the premises at the enactment of this ordinance to a new user or owner; and
(f) Any non conforming sign must be brought into conformance within three (3) years of enactment of this chapter.
(Ord. 2005-94. Passed 7-25-05.)
1159.19 ABANDONED SIGNS.
(a) Any sign accessory to an abandoned use shall be removed by the property owner and/or tenant within fifteen (15) days of notification for removal by certified mail from the Zoning Inspector. A use shall be determined abandoned if it has ceased operations for at least ninety (90) consecutive days. Seasonal businesses are exempt from this provision.
(b) Notification shall be deemed sufficient if mailed to the property owner of record as shown with the Portage County Recorder.
(Ord. 2005-94. Passed 7-25-05.)
1159.20 SIGN SPECIFICATION PLATE.
All signs hereafter erected shall contain a two inch by four inch (2” x 4”) specification plate indicating the date of installation; the sign permit number, the primary voltage and amperage of any electrical components in connection therewith.
(Ord. 2005-94. Passed 7-25-05.)
1159.21 PROHIBITED SIGNS.
(a) The signs and/or advertising devices enumerated in this Section are expressly prohibited in all zoning districts of the City of Streetsboro:
(1) Roof Signs and pole signs.
(2) Animated, flashing or blinking signs.
(3) Moving, revolving signs and sign parts.
(4) Racer type signs.
(5) Streamers, inflatable signs or icons, inflatable forms or tethered balloons.
(6) Signs on vehicles, trailers and the like which are parked and positioned with the intent or effect of serving the purpose of acting as a sign to advertise on premise or off premise goods, services or facilities.
(7) Signs having words, symbols, shape, or other features that would cause confusion because of their resemblance to traffic control signs.
(8) Using merchandise, equipment, products, or other items for identification or advertising purposes.
(9) Signs attached to trees, utility poles, street sign poles and the like.
(10) Signs painted on any structure other than a building. No sign may be painted on any surface of any building, except windows.
(11) Signs that overhang or are within a public right of way, except for a public information sign for which a permit has been issued.
(12) Exposed light bulbs or strings of lights not permanently attached to a rigid and permanent background.
(13) Except as expressly permitted in Section 1159.14, off-premise signs, billboards and other outdoor advertising, including any outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a non-commercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located.
(b) Public Areas. Except as otherwise specifically authorized by this Chapter, no sign shall be placed on any surface located on public property or on, over, upon or across any public street or right of way. (Ord. 2019-38. Passed 3-11-19.)
1159.22 EXEMPTIONS TO REGULATIONS.
The following signage shall be exempt fro these sign regulations:
(a) Signage which is an integral part of the original construction of vending or similar machines, fuel pumps or similar devices;
(b) Cornerstones and permanent building plaques displaying the date of construction, building name or similar information;
(c) Street name signs;
(d) Holiday decorations displayed for customary periods of time; and
(e) Painted walls, murals or similar artwork shall be reviewed by the Planning Commission. (Ord. 2005-94. Passed 7-25-05.)
1159.23 NUISANCE.
(a) Any sign or other object placed, displayed, erected, constructed, reconstructed, altered or permitted to remain on any premises in violation of this Chapter and any sign heretofore erected, constructed or displayed without legal authorization is hereby declared to constitute a nuisance, and in addition to any penalty provided in the Codified Ordinances for such violation, the nuisance may be abated in the manner provided now or in the future by the statutes of Ohio, in the manner provided in the Codified Ordinances of the City of Streetsboro or in the manner provided in Section 1159.23 of this Chapter. The procedural requirements of these alternative abatement remedies shall not be cumulative, and only the procedures of the abatement remedy implemented shall be required.
(b) The Zoning and/or Building Inspector is authorized to access any premises in the City upon which a sign is located for the purposes of inspection of sign(s) to ensure compliance with this chapter.
(c) City Inspection. All signs shall be subject to inspection following installation to verify the operating condition, maintenance, structural safety and conditions under which the permit was issued. (Ord. 2017-53. Passed 4-24-17.)
1159.24 REMOVAL OF SIGNS.
(a) The Zoning Inspector is authorized to order the removal or maintenance of any sign which constitutes a nuisance. Any such order shall be served upon the owner of the property, owner of the sign (if known), permit holder, and/or the person in possession of the sign by personal service, certified mail service, certificate of mailing, or posting notice on the premises where the sign is located, provided that, where service has been refused, regular mail service shall be required and the time for compliance shall commence from the date such service is entered into the records of the Planning and Zoning Department.
(b) Whenever the removal or maintenance of any permanent sign has been ordered by the Zoning Inspector, the owner of the property, owner of the sign (if known), permit holder, and/or the person in possession of such sign shall comply with such order within fourteen (14) days after notice is served upon him. Whenever the removal or maintenance of any temporary or portable sign has been ordered by the Zoning Inspector, the owner of the property, owner of the sign (if known), permit holder, and/or person in possession of such sign shall comply with such order within forty-eight (48) hours after notice is served upon him. In the event of noncompliance, the Zoning Inspector may remove or cause to be removed or maintain such sign at the expense of the owner of such sign, permit holder, and/or the owner of the property on whose premises it was erected, affixed or attached, and such person shall be individually and separately liable for the expense incurred in the removal or maintenance of such sign. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise ordered.
(c) Signs which the Planning and Zoning Director, Zoning Inspector, Building Department personnel, Department of Public Service personnel, Engineering Department personnel, or Police Department personnel find within public rights-of-way or upon public property, or which wherever located present an immediate and serious danger to the public because of their unsafe condition may be removed without prior notice.
(d) Neither the City nor any of its agents shall be liable for any damage caused by removing a sign pursuant to the provisions of this section.
(Ord. 2017-53. Passed 4-24-17.)
1159.25 CONDITIONS FOR CONSIDERATION OF BOARD OF ZONING AND BUILDING APPEALS
When considering variances from these sign regulations, the Board of Zoning and Building Appeals shall take into consideration the following conditions:
(a) There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right of way, which would substantially restrict the effectiveness of the sign in question, provided however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises;
(b) The variance would be in general harmony with the purposes of this Chapter and specifically would not be injurious to the neighborhood in which the business or enterprise to which the applicant desires to draw attention is located;
(c) The variance is the minimum one necessary to permit the applicant to reasonably draw attention to his business or enterprise;
(Ord. 2005-94. Passed 7-25-05.)
1159.26 SIGN REGULATION SUMMARY. (REPEALED)
(EDITOR’S NOTE: Former Section 1159.26 was repealed by Ordinance 2023-33, passed February 13, 2023.)
1159.27 CHANGEABLE COPY AND ELECTRONIC MESSAGE CENTER SIGNS.
(a) Definitions.
(1) "Electronic Message Center" ("EMC") means a computerized programmable electronic visual communication device capable of automatic storage and display of multiple sequential images or text. For the purposes of this Chapter, the EMC portion of any sign shall be deemed "changeable copy."
(2) "Changeable copy" means text that changes either automatically or manually.
(3) "Daytime" means sunrise to sunset.
(4) "Nighttime" means sunset to 12:00 a.m.
(5) "Electronic Graphic Display" means the display of static electronic images, including static graphics or pictures, using electronic display technology.
(6) "Video Display" means a message characterized by motion, movement or pictorial imagery, including moving objects, moving patterns, bands of light or expanding or contracting shapes.
(7) "Animation" means changeable copy that appears to move toward or away from the viewer, expands or contracts, bounces, rotates, spins, twists or otherwise portrays movement or animation, including streaming, scrolling, flashing, fading, and blinking.
(b) Authorization. On any individual lot:
(1) That is not a fallow lot, and
(2) Where the principal use is not residential, agricultural, or an outdoor recreation facility with open space as described in Section 1153.14, and
(3) Where a planter/monument sign is permitted by right under this Chapter, up to fifty percent (50%) of the total permitted area of each planter/monument sign face may be devoted to changeable copy, provided that the individual lot involved has at least 1,300 linear feet of frontage along the street or public right-of-way to which the sign will be oriented. Changeable copy shall be limited to planter/monument signs and shall not be permitted on multi-tenant signs. Where permitted to any individual lot, only one sign with changeable copy shall be permitted, and no sign with changeable copy shall be permitted within 200 feet of a residential dwelling unit. All other design, location, construction and use standards that apply to planter/monument signs as contained in this Chapter shall apply to signs with changeable copy.
(c) Limitations on Changeable Copy Signs.
(1) Area. The changeable copy portion of any sign face (as defined in Section 1159.07) shall not exceed fifty percent (50%) of the permitted sign area.
(2) Display Types. Changeable copy is limited to alphanumeric text only. Electronic graphic displays, video displays and animation are prohibited.
(3) Text Features. Alphanumeric text shall not flash, pulsate, move, bounce, rotate, scroll, fade-in or fade-out. Each complete message must fit on one screen.
(4) Frequency. Changeable copy shall not change more frequently than once every six (6) seconds. The transition between messages, if any, shall be a dark screen.
(5) Luminance and luminance controls. Luminance of the EMC portion of any sign shall not exceed 5,000 cd/m2 during daytime operation and 250 cd/m2 during nighttime operation. Luminance of EMC signs and other automatic changeable copy signs that emit light and function in both daytime and nighttime operation shall automatically adjust to natural ambient light conditions.
(6) Hours of Operation. EMCs shall operate only during daytime and nighttime as defined herein.
(7) Colors. The EMC portion of any sign shall use only one color at a time and only on a black background.
(d) Operation. Every application to construct, alter, replace or move a sign that includes EMC or changeable copy capabilities shall be accompanied by a plan of operation for the sign that includes a certification of the applicant that the sign is capable of conforming to the requirements of this section and will be operated in conformance with this section. The plan of operation shall include the identity and contact information for a responsible person who has the authority and ability to immediately correct any operational deficiencies and/or terminate operation of the sign. Upon authorization of the sign permit, the plan of operation shall be included in the Zoning File for said sign and shall be updated as necessary to maintain current contact information for the responsible person.
(e) Any EMC or changeable copy sign that persistently operates in violation of subsection (c) hereof or in violation of the Plan of Operation applicable to the sign is hereby declared a public nuisance subject to the remedies set forth in Sections 1159.23 and 1159.24. (Ord. 2023-33. Passed 2-13-23.)
1159.99 PENALTIES.
(a) The erection or maintenance of a prohibited sign, the erection of signs without a permit, the failure to remove a nuisance sign under Section 1159.23 or an abandoned sign under Section 1159.19 not authorized by this Chapter, including the failure to comply with any condition(s) established in connection with the approval of any sign or variance, shall be an unclassified misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000.00). Each day on which a violation occurs or continues to occur shall be deemed a separate offense.
(b) Any violation not specified herein shall be punishable under the terms of provisions of Section 1107.11. (Ord. 2017-53. Passed 4-24-17.)
1161.01 PURPOSE.
Wireless telecommunications facilities are permitted as conditional uses in a variety of zoning districts contingent upon a number of specific conditions and requirements being met. These criteria are in place in an attempt to minimize an adverse health, safety, public welfare or visual impact through buffering, siting, design and construction, and reducing the need for new towers.
(Ord. 1998-16. Passed 1-26-98.)
1161.02 USE REGULATIONS.
Wireless telecommunications facilities are permitted under varying conditions dependent upon the zoning district in which they are to be located. The following subsections spell out these conditions. The first subsection lists requirements to be met by a wireless telecommunications facility regardless of the district in which it is to be located. The second subsection specifies requirements necessary for a location in a nonresidential district. The third subsection involves conditions to be met for location in a residential district.
(a) General. The items listed below apply to all wireless telecommunications facilities independent of the zoning district in which they are to be located. These general standards are to be supplemented with the provisions for the particular applications specified in subsections (b) and (c) which follow.
(1) A plot plan including all building uses within 500 feet shall be required at a scale not less than one inch is equal to 100 feet.
(2) The location of the tower and equipment building shall comply with all natural resource protection standards established in this chapter including floodplain, wetlands and steep slope regulations.
(3) A security fence eight feet in height with barbed wire around the top shall completely surround the tower, equipment building and any guy wires. Each structure may be separately fenced.
(4) The applicant shall comply with all site plan review requests set forth in Chapter 1152 of the Codified Ordinances.
(5) Buffer plantings shall be located around the perimeter of the security fence as follows:
A. An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum and maintained on a regular basis.
B. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(6) A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design, proof of compliance with nationally-accepted structural standards and the number and types of antennas it can accommodate.
(7) A soil report shall be submitted to the Municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
(8) Towers and antennae shall be designed to withstand wind gusts of at least 100 miles per hour.
(9) If requested by the City's police and/or fire departments, a disaster warning system shall be placed on the tower at the owner's expense.
(10) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(11) No advertising is permitted anywhere on the facility.
(12) If at any time after initial use, the use of the facility is discontinued for 180 days, the Building Inspector may declare the facility abandoned. The facility's owner/operator will be contacted and instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the conditional use permit will expire on the 181St day.
(13) The tower shall not be artificially lighted except to:
A. Assure safety or as required by the FAA; and/or
B. Permit security lighting.
(14) Warning signs shall be posted around the facility with an emergency telephone number of who to contact in the event of an emergency.
(15) The facility owner/operator shall present a maintenance plan in which they will be responsible for the upkeep of the site.
(16) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(17) A Conditional Use Permit must be approved by the Planning and Zoning Commission with a subsequent Building Permit issued by the Building Inspector. Collocated antennas, antennas attached to existing structures or building and towers located in residential districts are permitted uses and shall not be subjected to the conditional use permit process.
(18) Collocation is highly encouraged. The applicant must demonstrate that there is no other place available either on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the municipality on reciprocal terms and was not accepted.
(b) Nonresidential Districts. A wireless telecommunications facility is permitted in the following zoning districts: Industrial Research and Office District (I-1), Highway Interchange Commercial (C-3) and Business District (as determined by the municipality) subject to the following conditions:
(1) Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
A. Minimum Lot Size. The applicant shall meet minimum lot size allowable for the specific requirements of the zoning district.
B. Minimum Yard Requirements.
1. Tower. The minimum distance to nearby structures shall be equal to the height of the tower; the minimum distance to a residential lot line shall be 300 feet.
2. Equipment Building. The applicant shall comply with the minimum setbacks/yard requirements for the district.
C. Maximum Height.
1. Tower. 300 feet (includes antenna)
2. Equipment Building. 34 feet
D. Maximum Size of Equipment Building. 750 square feet
(2) Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use, or on a vacant parcel subject to the following conditions:
A. The existing use on the property may be permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider.
B. The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
C. Minimum Area. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
D. Minimum Yard Requirements.
1. Tower. The minimum distance to nearby structures is equal to the height of the tower; the minimum distance to residential lot lines shall be 300 feet.
2. Equipment Building. The equipment building shall comply with the minimum setback requirements for the primary lot of the specific zoning district.
E. Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
F. Maximum Height.
1. Tower. 300 feet (includes antenna)
2. Equipment Building. 34 feet
G. Maximum Size of Equipment Building. 750 square feet.
(3) Combined with an existing structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
A. Maximum Height. Twenty Feet or 20% of the building height above the existing building or structure, whichever is greater.
B. If the applicant proposes to locate the telecommunications equipment in a separate building, excepting towers located on rooftops, the building shall comply with the following:
1. The minimum setback requirements for the specific zoning district.
2. An eight foot high security fence with barbed wire on top shall surround the building.
3. A buffer yard shall be planted in accordance with subsection (a)(5) hereof.
4. Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
C. Elevations of existing and proposed structures showing width, depth, height of the telecommunications facility and the statistical use data on the antenna and support structure shall be presented.
(c) Residential Districts. Wireless telecommunications facilities, on a pole, lattice and/or guyed facilities, are not permitted in the Open Space Conservation District (O-C), Rural Residential District (R-R), Light Density Residential District (R-1A), Low Density Urban Residential District (R-1), and Medium Density Urban Residential District (R-2), excepting such facilities are permitted on any property containing an institutional use (e.g., church, municipal, government, utility) located in the residential district. In applying for a permit in any residential district, the applicant shall establish by clear and convincing evidence, substantial due diligence to locate in a nonresidential district and that no feasible alternative sites are available. If those efforts have been exhausted, the applicant must establish by clear and convincing evidence that this site within the residential district is the only feasible site. A wireless tele-communications facility may be located in a residential district subject to the following conditions:
(1) General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance. This shall apply to subsections (2), (3) and (4) hereof.
Collocation is highly encouraged. The applicant must demonstrate that there is no other space available either on an existing tower or structure in the service area. A list of every tower or building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the municipality on reciprocal terms and was not accepted.
(2) Combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met:
A. Maximum height. Twenty feet above the existing building or structure.
B. If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
1. The building shall comply with the minimum setback requirements for the subject zoning district.
2. The equipment building should not exceed 750 square feet, or the maximum square footage allowable for an “accessory” structure.
3. An eight foot high security fence with barbed wire on top shall surround the building.
4. A buffer yard shall be planted in accordance with subsection (a)(5) hereof.
5. Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) Located on a nonresidential property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a conditionally permitted or permitted use in the district including, but not limited to, a church, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:
A. The tower shall be set back from any property line abutting a residential lot a distance that is equal to the height of the tower.
B. Maximum Height.
1. Tower. 300 feet
2. Building Equipment. 34 feet
C. The equipment building should not exceed 750 square feet.
D. Vehicular access to the tower and equipment shall, whenever feasible, be provided along the circulation driveways of the existing use.
E. In order to locate a telecommunications facility on a property that is vacant or with an agricultural use, the tract shall be at least two acres.
(4) Located in open space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
A. The open space shall be owned by the municipality, county or state government, a homeowners associations, or a private non-profit conservation organization.
B. Maximum Height.
1. Tower. 300 feet
2. Equipment Building. 34 feet
C. The equipment building shall not exceed 750 square feet.
D. The tower shall be set back from any property line a distance that is at least equal to the height of the tower. The tower shall also be set back from any active recreation facilities or fields a distance that is at least equal to the height of the tower.
A wireless telecommunications facility may be permitted as a conditional use in a residential, commercial or industrial district subject to all applicable provisions within this chapter and in compliance with the Zoning Code. In order to be considered for review, the applicant needs to prove by clear and convincing evidence that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible. Collocation is highly encouraged. The applicant must demonstrate that there is no other space available on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the Municipality on reciprocal terms and was not accepted. The following steps must also be taken for the application to be considered for review in this category:
(1) The applicant shall present documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.
(2) The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
(3) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
(4) The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower, there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna. Collocation is highly encouraged. The applicant must demonstrate that there is no other space available on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area is maintained by the Service Department. Any applicant for construction of an new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the Municipality on reciprocal terms and was not accepted.
(5) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
(6) The facility must meet electromagnetic emissions standards established by the FCC.
(Ord. 1998-16. Passed 1-26-98.)
1163.01 PURPOSE.
The purpose of this chapter is to regulate private use wind energy conversion systems (referred to from this point on as WECS) for the production of electricity for use on the subject site. These regulations are established to ensure that WECS will be developed and maintained in a manner that maximizes utilization of Streetsboro's wind energy resources and to balance the need for clean, renewable energy while protecting the public health, safety and welfare.
(Ord. 2010-66. Passed 7-26-10.)
1163.02 DEFINITIONS.
For the purpose of this chapter, the following terms shall have the meanings in this section.
(a) "Monopole tower" means a tower constructed of a single, self-supporting metal tube, anchored to a foundation.
(b) "Owner" means the individual property owner that intends to own and operate the WECS in accordance with this ordinance.
(c) "Rotor" means the non stationary part of a wind turbine.
(d) "Rotor radius" means the distance between the center point of the rotor and the outermost point on the rotor or blade.
(e) "Wind energy conversion system - private use" means a WECS which consists of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to a lawful principle use. A system having a rated capacity of 10 kilowatts (kW) or less for residential use or 100kW or less for non-residential uses shall be considered a private system for the purposes of these regulations.
(f) "Turbine height" means the distance between the ground elevation at the base of the structure and the upper most point of the rotor/blade/structure and/or revolution.
(g) "Wind turbine" means a WECS that converts wind energy into electricity through use of a wind turbine generator and includes such elements as a wind turbine generator hub, blade or rotor, tower, inverter, change controller and dump load, transmission wiring and controls and (possibly) battery bank and/or utility interconnecting equipment.
(h) "Wind turbine hub" means an electric power generator to which the blade or rotor of a wind turbine is attached. (Ord. 2010-66. Passed 7-26-10.)
1163.03 LOCATION, SETBACKS, NUMBER OF UNITS AND HEIGHT.
(a) Zoning Districts.
(1) Rooftop-mounted WECS may be located in R-R, B & I-1 Zoning Districts as an accessory use subject to the restrictions and requirements of this Chapter.
Acreage Required | Maximum Height | Side Yard Required | Zoning District |
2 ½ or greater | 70 feet | 75 feet | I-1 |
2 ½ or greater | 34 feet | 50 feet | B |
2 ½ or greater | 34 feet | 30 feet | R-R |
(2) Ground-mounted WECS may be located in R-R, B & I-1 Zoning Districts as an accessory use subject to the following restrictions and requirements of this Chapter:
Acreage Required | Maximum Height | Side Yard Required |
2 ½ - 4.99 acres | 80 feet | 1.1 times total height of WECS |
5 acres or greater | 120 feet | 1.1 times total height of WECS |
(b) Setbacks for Ground-Mounted WECS.
(1) General. A ground-mounted WECS shall be set back from all property lines, street right-of-way lines, and overhead utility lines a minimum distance equal to 1.1 times the total height of the WECS. Setbacks shall be measured from the center of the wind turbine base. With respect to an overhead utility line that provides service only to a single building or a single parcel of land, the setback requirements shall be met if the turbine is placed so that no portion of a rotor blade extends closer than ten feet to the utility line.
(2) Residential. In the case of a tilt-down WECS that does not exceed thirty-four (34) feet in height and is located in a Residential District, the WECS shall be set back equal to 1.1 times the total height of the WECS. If the tower is a tilt-down and or crank-up monopole design, the pole must pull down or retract towards the installation site and away from all adjoining properties. If guy wires are utilized as part of the tower design, then the guy wire anchors shall be placed at least fifteen (15) feet from any abutting property boundaries.
A. All WECS shall be located in the rear yard portion of any lot. An exception is when a WECS is a rooftop-mounted system.
B. No part of a WECS shall be located within or over drainage, utility or other established easements, or on or over property lines.
(c) Height. The height of a ground-mounted WECS shall be limited by the setback requirements of this section. The height of a rooftop or other building-mounted WECS shall not exceed the maximum permitted building height for the property by more than twenty percent (20%). For a rooftop or other building-mounted WECS that exceeds the maximum permitted building height by more than 20%, the City Board of Zoning and Building Appeals after a public hearing may approve a greater height if the Board of Zoning and Building Appeals determines that the placement of the WECS and context of the WECS site will mitigate any significant negative visual or safety impacts on nearby properties.
(d) Number of Units. Each structure or parcel shall be limited to the construction of one (1) WECS unit. (Ord. 2010-66. Passed 7-26-10.)
1163.04 LIGHTING, DESIGN AND NOISE.
(a) Lighting. WECS shall not be illuminated except as required by the Federal Aviation Administration.
(b) Structural Design. WECS shall be designed to meet all requirements of the Building Code of the City of Streetsboro and all applicable state and federal regulations.
(c) Aesthetic Design. WECS shall be designed in a manner that makes them as visually unobtrusive as possible, while meeting safety requirements. To this end, towers shall be monopole. With respect to color, WECS shall be white or off-white or unpainted metal, unless other colors are required by federal regulations or unless another color is approved by the City Planning Commission as being more effective or more appropriate in a particular instance.
(d) Signs. All installations will have a durable permanent sign warning of electric shock and identifying the manufacturer and installer with contact information for both but shall not include any off-premise advertising or any advertising for businesses or other activities located on the premises. The total area of such signs shall not exceed two (2) square feet nor exceed a height of five feet.
(e) Noise. All WECS shall comply with the noise requirements in this section. These levels may not be exceeded at any time, including short-term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application.
(1) No WECS located on a residential parcel shall create noise that exceeds a maximum of thirty-five (35) decibels at any property line on which the WECS is located. WECS located in districts other than residential shall not create noise that exceeds a maximum of fifty-five (55) decibels at any property line on which the WECS is located. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods. Any WECS(s) exceeding these levels shall immediately cease operation upon notification by the City of Streetsboro and may not resume operation until the noise levels have been reduced, verified and approved by the zoning inspector. WECS unable to comply with these noise restrictions shall be shut down immediately and removed upon notification by the zoning inspector.
(f) Base. The base of the tower shall be designed so it is not climbable for a distance of twelve (12) feet, as measured from the ground.
(g) Electrical Components. All electrical components of the WECS shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. All electrical wires associated with a WECS, other than wires necessary to connect the wind generator to the tower wiring shall be located underground.
(h) Electrical interference. No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.
(i) Rotor Safety. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included with the installation. The minimum distance between the ground and any protruding blades utilized on a ground mounted WECS shall be fifteen (15) feet as measured at the lowest point of the arc of the blades.
(Ord. 2010-66. Passed 7-26-10.)
1163.05 APPLICABILITY.
(a) General Applicability. No WECS shall be erected, enlarged or extended without conformance to the provisions of this Chapter, and other applicable regulations, as evidenced by the issuance of a Zoning Certificate by the Zoning Inspector and the issuance of a Building Permit by the Department of Building and, where required, approval by the City Planning Commission. All ground mounted systems and/or systems requiring a variance approval through the Board of Zoning and Building Appeals will be submitted to the Planning Commission for approval.
(b) City Board of Zoning and Building Appeals Approval. Approval by the City Board of Zoning and Building Appeals in accordance with the provisions of this Chapter shall be required for all ground-mounted or rooftop-mounted WECS that exceed the applicable Zoning District height limit. (Ord. 2010-66. Passed 7-26-10.)
1163.06 APPLICATION, APPROVAL PROCESS AND PERMIT REQUIREMENTS.
(a) Submission of Application. An application to construct or alter a WECS is subject to the regulations of this chapter and shall be submitted to the Department of Building as part of a Building Permit application.
(b) Determination of Compliance. The Department of Building shall determine if the application conforms to regulations of this chapter and other applicable regulations of the City of Streetsboro, except for those provisions that require a determination by the City Board of Zoning and Building Appeals and the City Planning Commission under provisions of this chapter.
(c) Referral to City Board of Zoning and Building Appeals. For proposals subject to approval by the Board of Zoning and Building Appeals, under Section 1163.05(b), the Department of Building shall refer the application to the City Board of Zoning and Building Appeals for review and action.
(d) Referral to City Planning Commission. For proposals subject to approval by the City Planning Commission, under Section 1163.05(a), the Department of Building shall refer the application to the City Planning Commission for review and action.
(e) City Planning Commission Action. The City Planning Commission shall review any application subject to its approval under provisions of this chapter and shall determine whether the proposal meets all applicable standards established in the chapter to ensure appropriate appearance and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice, as provided in division (e) of this section. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed location does not meet the standards set forth in this chapter or that a suitable alternative location is available.
(f) Notice Requirements. Prior to taking action on a WECS application subject to its approval under provisions of this chapter, the City Planning and Zoning Department shall mail notices describing the proposal to all owners of property located within a distance of the proposed WECS equal to two hundred and fifty (250) feet of the property lines of subject property. Such notice shall be sent by certified mail at least ten (10) calendar days prior to the date of the public meeting. The Planning and Zoning Department shall also provide notice at the same time to any Councilmember who represents an area in which notices are to be mailed to property owners.
(g) Permit Issuance. A building permit shall be required for the installation of a WECS. The Department of Building shall issue the required permits if it determines that the application conforms to requirements of this chapter and other applicable regulations of the City of Streetsboro, and if it has been approved by the City Planning Commission where such approval is required. The Department of Zoning shall issue the required zoning certificate if it determines that the application conforms to the requirements of this chapter and other applicable regulations of the City of Streetsboro. (Ord. 2010-66. Passed 7-26-10.)
1163.07 CONTENTS OF APPLICATION.
All applications subject to the provisions of this chapter shall be accompanied by the following information, as applicable, in addition to information required for all Building Permit applications.
(a) Ground-Mounted WECS. In addition to information required by other provisions of these Codified Ordinances, the following information shall be submitted with an application for ground-mounted and accessory structures to demonstrate compliance with the provisions of this chapter.
(1) A site plan of the subject property showing, property lines and physical dimensions of the property, easements, adjoining streets, the proposed WECS and any proposed and existing buildings, fencing, power lines, structures, landscaping, driveways, parking, and curb cuts on the subject property.
(2) An elevation drawing showing the proposed WECS and all structures shown on the required site plan, indicating the height, color and materials of the tower and all proposed fencing and other structures.
(3) Where lighting of the WECS is required, a lighting plan for the proposed WECS, indicating the location, color, and intensity of the lighting, both as it will appear in daylight and at night, and indicating any mechanisms to prevent glare on adjacent properties and streets and to shield the lighting from residences, to the maximum extent feasible.
(4) For any WECS that will exceed the height limit for buildings on the subject property, a vicinity map showing the subject property and the proposed WECS and fencing in the context of all property located within a radius of two hundred and fifty (250) feet of the WECS, showing within this area, all streets and existing buildings, power lines, and significant structures and indicating the residential use of any buildings and any property zoned in Residential Districts, such map being marked with topographic contours at two-foot intervals.
(5) For any WECS that will exceed the height limit for buildings on the subject property, color photographs showing the current view of the WECS site from any adjoining public street or any other street within two hundred and fifty (250) feet of the proposed WECS and from the closest groupings of residential buildings located within an area from the proposed WECS equal to a radius of two hundred and fifty (250) feet of the proposed structure, plus a second set of color photographs showing the same views with the proposed WECS superimposed to scale onto the photographs.
(6) WECS specifications, including manufacturer and model, noise rating, rotor diameter, tower height and tower type (freestanding or guyed).
(7) Tower foundation blueprints or drawings.
(8) Tower blueprint or drawing.
(9) Fee.
(b) Rooftop-mounted WECS. In addition to information required by other provisions of these Codified Ordinances, the following information shall be submitted with an application for a WECS proposed to be attached to the roof of a building or to another structure and subject to approval by the City Planning Commission under the provisions of this chapter.
(1) An elevation drawing of the building or structure to which the proposed WECS will be attached, showing the placement of the WECS and indicating the color of the structure and any enclosures in relation to the surface to which it will be attached and showing the projection of the WECS from the structure, marked with all necessary dimensions.
(2) Color photographs of the building or structure to which the proposed WECS will be attached, with the proposed WECS superimposed onto such photographs, showing various perspectives from which the WECS will be viewed.
(3) WECS specifications, including manufacturer and model, noise rating, rotor diameter, mounting, height and type.
(4) Blueprints or drawings.
(5) Fee. (Ord. 2010-66. Passed 7-26-10.)
1163.08 MAINTENANCE AND ABANDONMENT.
(a) Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a WECS shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the Final Inspection approval for the WECS, or not more than ninety (90) days prior to that date, the permit holder for such WECS shall submit to the Director of Building an affidavit that verifies continued operation of the WECS use and compliance with all requirements of this chapter and other applicable governmental regulations.
(b) Out-of-Service.
(1) Notice. A WECS that is not in use for a continuous 6-month period will be deemed to be out-of-service and the zoning inspector may issue a Notice of Out-of-Service to the owner. The owner shall have the right to respond to the Notice of Out-of-Service within 30 days from Notice receipt date.
(2) Removal. If the WECS is determined to be out-of-service, the Owner of a WECS shall remove the WECS at the Owner's sole expense within 3 months of receipt of Notice of Out-of-Service. If the Owner fails to remove the WECS, the City may pursue a legal action to have the WECS removed at the Owner's expense. (Ord. 2010-66. Passed 7-26-10.)
1163.09 VARIANCES.
A variance must be requested for any construction of a WECS that does not adhere to all provisions of Chapter 1163. In addition thereto, a variance must be requested to construct more than one (1) WECS unit on any structure or parcel.
(a) To construct WECS that exceeds the maximum permitted building height for the property by more than twenty percent (20%). (Ord. 2010-66. Passed 7-26-10.)
1163.10 VIOLATIONS.
It is unlawful for any person to construct, install, or operate a WECS that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter.
(Ord. 2010-66. Passed 7-26-10.)
1163.11 ADMINISTRATION AND ENFORCEMENT.
(a) This chapter shall be administered by the Building Director or other official as designated.
(b) The Building Director or other official as designated may enter any property for which a building permit has been issued under this chapter to conduct an inspection to determine whether the conditions stated in the permit have been met.
(c) The Building Director or other official as designated may issue orders to abate any violation of this chapter.
(d) The Building Director or other official as designated may issue a citation for any violation of this chapter.
(e) The Building Director or other official as designated may refer any violation of this chapter to legal counsel for enforcement. (Ord. 2010-66. Passed 7-26-10.)
1163.12 SEVERABILITY.
The provisions of this chapter are severable, and the invalidity of any section, subdivision, paragraph, or other part of this chapter shall not affect the validity or effectiveness of the remainder of the chapter. (Ord. 2010-66. Passed 7-26-10.)
1163.99 PENALTY.
(b) The City Building Inspector and/or the City Zoning Inspector shall have the right to issue and enforce a "Stop Work" order to any and all perceived violators of this chapter, a violation of which shall also be construed as a misdemeanor of the first degree.
(c) Each improper installation of a separate WECS unit shall constitute a separate offense. (Ord. 2010-66. Passed 7-26-10.)
1165.01 GENERAL REQUIREMENTS.
The site on which any new structure other than accessory structures is constructed shall be improved in a manner appropriate to the intended use of the structure, and to the condition of the site and the surrounding land according to the provisions of these regulations. Regulations applicable to such site are also hereby enacted and appear below in the form of items to be shown upon the plan or simply as required construction. All such regulations, and all items established by the below listed approving authorities as items to be shown upon the site plan, shall be implemented as the site is developed.
(Ord. 2021-118. Passed 8-9-21.)
1165.02 SURVEYING.
(a) Surveying Standards. All surveying for land development shall be done in accordance with Ohio A.C. 4733.37, "Minimum Standards for Boundary Surveys in the State of Ohio" and shall be based on the relevant survey monumentation system.
(b) Markers. Markers shall be located in the ground to the final grade at all lot corners. Such markers shall be of solid ferrous metal, three-fourths inch in diameter and shall be at least thirty inches long.
(Ord. 2021-118. Passed 8-9-21.)
1165.03 TOPOGRAPHICAL SITE PLAN AND APPROVALS REQUIRED FOR ALL BUILDINGS.
All applications for building permits for new structures other than accessory structures shall include a topographical site plan prepared by a surveyor licensed to practice in the State of Ohio. The site plan shall be prepared on a sheet 11" x 17" in size, at a nominal scale of 1" = 10', 1" = 20' or 1" = 30' and, generally, shall include the following:
(a) Plan date, survey date, scale, direction of north, names of: property owner; development; and builder, sublot or permanent parcel number, building front and side setback dimensions and name, certification and registration seal of the surveyor.
(b) The site plan is to also include a survey of the subject lot or parcel. Survey information shall include the bearing and length of all property lines, all recorded or proposed easements, and survey monuments found or set.
(c) All topographical survey data shall be done to the datum of the United States Geological Survey (USGS). A description of the "source" bench mark is to be shown. A suitable "site" bench mark (TBM) is to be established on or near the subject lot and shown on the plan.
(d) Existing site topography is to be shown for the subject lot and is to extend a minimum of twenty-five feet onto the adjoining properties. Contours, if used, are to be at one-foot intervals. "Spot" elevations, if used, are to be established on a minimum fifty-foot grid and at all intermediate points necessary to define existing topography. In addition, "spot" elevations are to be established (or interpolated) at the corners of the proposed building and at the near face of buildings on the adjoining properties. All existing drainage courses and swales are to be shown.
(1) All existing planimetric information is to be located and shown, i.e., pavements, drives, walks, parking areas, buildings, fences, ponds, poles, etc. Paving material type is to be noted. Elevations are to be established on: the sidewalks, gutter and street center line at maximum intervals of fifty feet along their length fronting the property; all other hard surface areas; and the first floor of adjoining buildings.
(2) The size and location of all existing utility mains (i.e., sanitary, storm, water, gas, electric, telephone, etc.) and appurtenances (i.e., culverts, catch basins, manholes, hydrants, headwalls, miscellaneous drainage piping, etc.) is to be shown. Elevations are to be established on: the rim and invert of all manholes; the invert of all drainage piping; and catch basin rims.
(e) Finished site topography is to be shown for the subject lot. Finished site topography is to be superimposed over existing site topography by including a finished grade elevation for each "spot" elevation shown to describe the existing grade, as described above. Additional "spot" elevations are to be shown to establish positive drainage control. Arrows are to be added to indicate the direction of slope of finished grade. All proposed drainage ditches or swales are to be shown, including finished grade elevations at the center line and top of slope. All proposed planimetric information is to be shown, i.e., buildings, building additions, parking areas, drive, aprons, fences, etc. Buildings and/or additions are to be dimensioned.
(f) All requirements of the Building Code, Zoning Code, Fire Code and other requirements of the City pertaining to building sites shall be required by the City and not waived by the City's approval of the plans unless specifically waived by the Planning Commission and/or the Board of Zoning and Building Appeals.
(g) Topographical site plans shall be submitted digitally and shall be returned as "Issued for Construction" to the applicant upon acceptance by the City.
(h) If, in the opinion of the Planning, Zoning and Building Director and/or the City Engineer, the site plan lacks sufficient information, requires additions and/or corrections, the applicant shall revise the site plan accordingly including the required information and resubmit for reviews.
(i) Approvals required:
(1) Planning and Zoning Director
(2) Residential Building Official
(3) City Engineer.
(Ord. 2021-118. Passed 8-9-21.)
1165.04 TOPOGRAPHICAL SITE PLAN REQUIREMENTS FOR SINGLE, TWO AND THREE FAMILY DWELLINGS.
The site plan requirements for single, two and three family dwellings shall include the following:
(a) The plan shall show the existing topography of the lot and land adjacent thereto as indicated: buildings adjacent thereto, proposed finished yard elevations at points indicated, proposed finished floor elevations, proposed basement floor elevation, proposed drainage swales, driveway, driveway catch basin(s), walks, building storm sewer, sanitary sewer, water line, electric service line, telephone service line, rear-yard basin, when required, and any other utilities. If the lot is in a development or subdivision, this plan shall be in addition to the mass grading plan and the existing elevations shown shall be those elevations as existing at the time of application for building permit. The final lot grading shall be in general conformance with the surrounding lots and mass grading plan. An elevation at the building setback line shall show the front elevations of the house in relation to the existing or proposed grading of the adjacent lots and their houses either existing or under construction. In addition to the elevations shown, the plan shall also show the existing and proposed contours at one-foot intervals. For large size lots, the existing elevations and contours need not be shown more than 100 feet beyond construction limits and the required sheet size of the plan may be larger.
(b) Each lot shall be shown to be graded so that the front yard slopes toward the street and that the ground slopes away from the building. Side yard swales shall be constructed and maintained between all houses to a minimum depth of three inches below finished grade at the lowest adjacent house, and shall be deep enough to drain any swale at the rear of the house.
(c) Where the rear yard slopes towards the house, a swale shall be constructed at least thirteen feet to the rear of the house to a minimum depth of three inches below the finished building grade of that house and shall drain to the side yard swales.
(d) In a case where lots behind the subject lot are higher in elevation and the rear yards of the high lots slope toward the rear of the subject lot, swales on the lower lots or lots shall be constructed along the side lot lines with an average depth of three inches below the lowest adjacent lot surface at the building and shall extend from the front lot line to the rear lot line. In this case, drainage from no more than two high rear lots shall accumulate to outlet along a side line of a given low lot.
(e) Where the rear yards slope toward the rear of the lot and the method of grading described above is not possible, a catch basin shall be constructed in a swale constructed along the rear lot line. In subdivisions, the maximum distance between catch basins along the length of any such rear swale shall be 100 feet and each lot shall have a catch basin at its rear lot line. Catch basins shall be either constructed during the development phase or the building phase, but shall exist prior to the issuance of an occupancy permit. Each such swale and catch basin shall be maintained by the property owner to ensure effective and total storm water control. In a development, the center of the swale may be along the property line and in any other case it shall be at least six feet, but not more than ten feet, onto the property being developed and a minimum of four inches below the lower property.
(f) For additions to existing dwellings and detached garage construction on an existing site, site drainage shall be maintained in accordance with the above.
(g) No yard slope shall exceed a one-foot rise vertically for a five-foot horizontal distance when possible.
(h) All sanitary sewer house connections shall be indicated on the site plans as follows:
(1) From the curb connection to the front of the dwelling or to the individual waste water system, if approved, shall be shown.
(2) If a central collection system (street sanitary sewer) is to be used, the elevation of the invert of the nearest manhole and the estimated invert elevation of the curb connection invert shall be shown. If an individual waste water system approved by the County Board of Health is to be used, the elevations and sizes of the septic tank tops, bottoms, inlets and outlets shall be shown, including splitter box inlets and outlets, distribution boxes inlets and outlets, inspection ports and all pipe lines, including materials and sizes or evaporation-transpiration trench and filters or, details of, other approved system shall be shown in detail.
(3) The site plan shall show the location of the test tee, two feet minimum in the front yard from the street right-of-way and the invert elevation at the front of the building, which shall be below the building footing.
(4) The grade of the house connection shall be a minimum of one percent (1%).
(i) All roof drainage shall be collected by downspouts and directed into the storm sewer drainage system, unless otherwise approved.
(j) All construction in designated floodplain areas shall be in accordance with the requirements of the National Flood Insurance Program.
(k) Prior to the issuance of an occupancy permit, iron lot pins shall be installed on all lot corners by the builder as shown on the building site plan and verified by the Residential Building Official and/or City Engineer.
(l) The site plan shall indicate all existing curbs, walks, water service connector boxes, water line valve hydrants and manholes located in the street right-of-way adjacent to the lot. All such appurtenances shall be protected by the builder during construction, and any damage to them shall be repaired by the builder and where repaired, such existing appurtenances reset by the builder to proper grade prior to the issuance of an occupancy permit.
(Ord. 2021-118. Passed 8-9-21.)
1165.05 TOPOGRAPHICAL SITE PLAN REQUIREMENTS FOR OTHER DEVELOPMENT.
The site plan requirements for all types of development other than single family dwellings, two family dwellings and three family dwellings including but not limited to, industrial, commercial, business, office and apartment districts and similar uses shall conform with those requirements set forth above for single family dwellings, two family dwellings and three family dwellings, where applicable.
(Ord. 2021-118. Passed 8-9-21.)
1165.06 REQUIREMENTS FOR ALL TOPOGRAPHICAL SITE PLANS.
(a) All topographical site plans submitted for the purpose of obtaining a building permit for residential building construction shall be reviewed for appropriateness by the City Engineer. A surety bond shall be provided by the homebuilder or prime contractor as principal, to the City as oblige, in the amount of ten thousand dollars ($10,000) is required for all topographical site plans. The surety bond shall be provided to the City as a condition of the site plan application. Once the surety bond and application are received, the City Engineer will review the topographical site plan for compliance with this regulation. The City Engineer will issue the site plan for construction and the Building Department will release the necessary building permits.
(b) As a requirement of construction, the building permit holder shall provide verification of the footer subgrade elevation to the Resident Building Official. This verification shall be provided by a surveyor licensed to practice in the State of Ohio and will be necessary prior to the building permit holder proceeding beyond this point in construction. The verification shall be accompanied by a certification statement and shall be stamped by the surveyor. The Director of Planning and Zoning and/or Residential Building Official shall determine whether the submitted elevation is within one-foot tolerance of the City issued topographical site plan. If the elevation is within the tolerance, the Director of Planning and Zoning and/or Residential Building Official shall notify the permit holder that construction work can continue. If the elevation is out of tolerance the subgrade elevation shall be re- established according to the City issued topographical site plan. No construction work beyond the subgrade can continue until the certified elevation is within tolerance.
(c) Upon finished grade being established at the site, the building permit holder, through a surveyor licensed to practice in Ohio, shall certify to the City Engineer that the construction and site improvement have been built per the City issued topographical site plan. The completed "as-built" topographical site plan shall be as described in subsection (d) below and shall be submitted to the City Engineer to begin the final grade inspection process.
(d) Record (As-Built) Topographical Site Plan. Record (as-built) measurements to be obtained shall include, but not necessarily be limited to the following:
(1) The location of any dwelling, and any "out" buildings on the lot. Obtain front and side yard set-back dimensions;
(2) Perimeter dimensions of the dwelling and any "out" buildings;
(3) Finished first floor and garage floor elevations of the dwelling;
(4) Finished grade elevation at the corners of the dwelling;
(5) Finished grade elevation of the driveway, parking areas and sidewalk (in right-of-way only);
(6) Location and pipe material of all new drainage facilities such as manholes; inlet basins; piping; head walls; retaining walls; yard drains; cleanouts; water shut off valves, etc.;
(7) Centerline and invert elevation of all new drainage ditches and swales;
(8) Finished grade elevation at the property lines opposite to the corners of the dwelling;
(9) Finished grade elevation at a sufficient number of points to define the change in grade from the condition which existed prior to construction and to confirm that the approved grading scheme has been established;
(10) Location of all facilities at or above grade which pertain to an on-site sanitary sewage system, such as manholes, tanks, splitter or distribution boxes, vents, etc.;
(11) Location of any water well casing;
(12) Location of any swimming pool or pond;
(13) Location of all perimeter fences;
(14) Confirmation that survey monuments have been set at all property corners; and
(15) A description of the bench mark used to obtain the "as-built" elevations. The following certification is to be included on the "as-built" submittal:
"I hereby certify that I have made the survey of record (as-built) measurements shown hereon and that the information shown is a true representation of the conditions which existed at the time of said survey".
The surveyor is to sign, seal and date the revised topographical plan and include his/her registration number.
(e) The City shall perform final grade inspection upon receipt of the as-built topographical site plan. If the inspection reveals that the site does not satisfy the final grade requirements, the City shall notify the permit holder of deficiencies identified during the inspection. Following notification by the permit holder, the City shall perform re-inspection of previously deficient final grade. If all deficiencies are not corrected and/or the if City identifies new items during the re-inspection, the City shall notify the permit holder. Each re-inspection conducted by the City shall carry fees as specified in Section 1165.07. If the site is determined to meet the requirements for the final grade, the requirements were met within the 6-month period following issuance of the building occupancy permit, and no violations exist, the surety bond submitted pursuant to subsection (a) above shall be returned.
(f) Whenever the City determines it to be appropriate either during construction or after its completion, the City may examine a construction site for which the topography site plan has been submitted, to ensure no violations beyond the established tolerances exist.
(Ord. 2024-116. Passed 8-12-24.)
1165.07 DEPOSITS AND FEES.
(a) A surety bond shall be provided by the homebuilder or prime contractor as principal to the City as oblige, in the amount of ten thousand dollars ($10,000) is required as a condition of review for all topographical site plans. The surety bond shall be provided to the City prior to the issuance of a building permit. The surety bond will be returned upon acceptance of the final grade and as-built inspection. Failure to pass the final grade inspection after six months following issuance of the building occupancy permit shall result in call of the bond and completion of the project by the City under support of the bond.
(b) The fee to review and inspect the herein described topographical site plan, record drawings and final grade by the City Engineer is five hundred dollars ($500.00). This fee is due and payable with the Building Permit.
(c) The first final grade inspection review is included in the above referenced fee. If additional inspections are required, a five hundred dollar ($500.00) re-inspection fee shall be deducted from the site plan deposit for each subsequent inspection.
(Ord. 2024-116. Passed 8-12-24.)
1165.08 CONFLICT.
It is hereby declared that the intent of these regulations is to supplement (not conflict with) any provision(s) of the Regional Dwelling House Code or the Ohio Basic Building Code. Where a conflict may arise, the more restrictive language shall apply.
(Ord. 2021-118. Passed 8-9-21.)
1165.09 INJUNCTION PROCEEDINGS.
Whenever any person, firm or corporation fails, neglects or refuses to comply with any order of the City Engineer under the provisions of this Chapter, or whenever any subdivision site or other area is used or occupied so as to be in violation of or not in conformity with any provision of this Chapter, the Law Director may, in his discretion, institute and maintain in the name of the City an appropriate action at law or in equity to restrain the execution in violation of this Chapter, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this Chapter.
(Ord. 2021-118. Passed 8-9-21.)
1165.99 PENALTY.
Any building permit holder violating any provisions of this Chapter shall, upon conviction, be found guilty of a misdemeanor and shall be fined up to two hundred fifty dollars ($250.00) per day for each day that the violation continues to exist after the building permit holder has been notified.
(Ord. 2021-118. Passed 8-9-21.)