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Urbana City Zoning Code

TITLE ONE

Zoning Administration

1101.01 PREAMBLE.

   Part Eleven of the Codified Ordinances (referred to as “Part” hereinafter) is enacted for the purpose of promoting the public health, safety, morals, convenience, and general welfare establishing land use classifications; by dividing the City into districts, imposing regulations, restrictions, and prohibitions on the use and occupancy of real property; by limiting the height, area, and bulk of buildings and other structures; by providing for yards and other open spaces around them; by establishing standards of performance and design; and by providing for the administration and enforcement thereof.

1101.02 INTERPRETATION OF STANDARDS.

   In their interpretation and application, the provisions of this Part shall be held to be minimum requirements. Wherever this Part imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Part shall govern.

1101.03 SEPARABILITY.

   Should any section or provision of this Part be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Part as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

1101.04 NAME REFERENCE.

   Ordinance 4008, passed June 11, 1996, as amended, codified as Titles One to Three of this Part Eleven - Planning and Zoning Code may be referred to as the Zoning Code of the City of Urbana.

1102.01 DEFINITIONS

   For the purpose of Part Eleven, certain terms or words shall have the meanings as provided in this chapter. Where terms or words are not defined, they shall have their ordinary accepted meanings.
1.   Adult Entertainment Facility. “Adult Entertainment Facility” means a facility having a significant portion of its function as adult entertainment which includes the following listed categories.
   A.   Adult Book/Video Store. An establishment which deals in books, magazines or other periodicals, or video tapes of which at least ten percent (10%) as measured by publicly accessible display area, is distinguished or characterized by an emphasis on depiction or descriptions relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment having an area devoted primarily to the sale or display of such materials.
   B.   Adult Entertainment Theater. A facility used to a substantial extent for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities, or specified anatomical areas as herein defined for the observation by patrons therein.
   C.   Adult Entertainment Business. Any establishment involved in the sale of services or products characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons, the exposure or presentation of specified anatomical areas or physical contact of live males or females, and characterized by including but not limited to photography, dancing, stripping, reading, massage, male or female impersonation, and similar functions which utilize activities as specified below:
      (1)   Specified Sexual Activities:
         a.   Human genitals in a state of sexual stimulation or arousal;
         b.   Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio;
         c.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
      (2)   Specified Anatomical Areas:
         a.   Less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; and
         b.   Human male genitals in a discernibly turgid state even if completely and opaquely covered.
2.   Agricultural. "Agricultural" means the use of land for agricultural purposes, including farming of crops, horticulture, floriculture, viticulture and the necessary accessory uses for parking, treating or storing the produce; however, the operation of such accessory uses shall be secondary to that of normal agricultural activities.
3.   Airport. "Airport" means any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangers and other necessary buildings and open spaces.
4.   Alley. See "Thoroughfare, Alley".
5.   Alterations, Structural. "Alterations, Structural" means any change in the supporting members of a building such as bearing walls, columns, beams or girders.
6.   Automotive Filling Station. "Automotive Filling Station" means any building, land or area used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories.
7.   Automotive Repair. "Auto Repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision services, painting and steam cleaning of vehicles.
8.   Basement. "Basement" means a story all or partly under ground but having at least one- half of its height below the average level of the adjoining ground.
9.   Bed and Breakfast Establishment. "Bed and Breakfast Establishment" means any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, is provided for compensation to guests.
10.   Building. "Building" means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
11.   Building, Accessory. "Building, Accessory" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
12.   Building, Height. "Building, Height" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof or flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.
13.   Building Line. See "Setback Line".
14.   Building, Principal. "Building, Principal" means a building in which is conducted the main or principal use of the lot on which the building is situated.
15.   Child Day Care Facility. "Child Day Care Facility" shall mean a building or structure where care, protection and supervision are provided on a regular schedule, for a fee, at least twice a week, to at least six children at one time.
16.   Clinic. "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, but who are provided with board or room or kept overnight on the premises.
17.   Club. "Club" means a building or portion thereof or premises owned or operated by a person for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.
18.   Commission. "Commission" means the Planning Commission of the City of Urbana.
19.   Comprehensive Plan. "Comprehensive Plan" means a plan or any portion thereof, adopted by the Planning Commission and the legislative authority of the City, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.
   (Ord. 4059. Passed 5-26-98.)
20.   Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services. "Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services" means establishments primarily engaged in providing computing infrastructure, data processing services, Web hosting services (except software publishing), and related services, including streaming support services ( except streaming distribution services). Data processing establishments provide complete processing and specialized reports from data supplied by clients or provide automated data processing and data entry services.
21.   Convalescent Care Facility. "Convalescent Care Facility" means a building or group of buildings, public or private, which provides personal care or nursing to ill, physically infirm or aged persons for more than sixteen (16) persons who are not related by blood or marriage to the operator.
22.   Council. "Council" means the City Council of the City of Urbana.
23.   Density. "Density" means a unit of measurement; the number of dwelling units per acre of land.
   A.   "Gross Density" means the number of dwelling units per acre of the total land to be developed.
   B.   "Net Density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
24.   District. "District" means any portion of the territory of the City, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
25.   Drinking and Eating Establishment. "Drinking and Eating Establishment" means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
26.   Drive-Through Facility. "Drive-Through Facility" means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
27.   Dwelling. "Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more families, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel, or mobile home.
28.   Dwelling, Mobile Home. "Dwelling, Mobile Home" means a modular unit built on a chassis, with body width exceeding eight feet or body length exceeding thirty-two feet, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, or two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement, or one or more room sections that fold, collapse or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
29.   Dwelling, Multi-Family. "Dwelling, Multi- Family" means a dwelling consisting of two or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
30.   Dwelling, Single Family. "Dwelling, Single Family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
31.   Dwelling Unit. "Dwelling Unit" means space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
32.   Easement. "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
33.   Educational Institution. "Educational Institution" means a facility that provides a curriculum of elementary, secondary or continuing academic instruction, including kindergarten, elementary schools, junior high schools, high schools and technical and collegiate level courses.
34.   Essential Services. "Essential Services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, water transmission or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by the public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
35.   Family. "Family" means one or more individuals related by blood, marriage, or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit in a dwelling, and maintaining and using the same and certain other housekeeping facilities in common.
36.   Family Care Home. “Family Care Home” means a licensed residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least six but not more than eight persons with developmental disabilities.
37.   Fence. "Fence" means any artificial barrier or divider intended to prevent escape or intrusion, to mark a boundary, or to enclose an area.
38.   Floodplain. "Floodplain" means that land, including the flood fringe and floodway, subject to inundation by the regional flood.
39.   Flood, Regional. "Flood, Regional" means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the one hundred year recurrence interval flood.
40.   Floodway. "Floodway" means that portion of the floodplain, including the channel, which is reasonably required to convey the regional floodwaters. Floods of less frequent recurrence are usually contained completely within the floodway.
41.   Floodway Fringe. "Floodway Fringe" means that portion of the floodplain, excluding the floodway, where development may be allowed under certain restrictions.
42.   Flood Area of a Residential Building. "Flood Area of a Residential Building" means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
43.   Floor Area. "Floor Area" means the sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the centerline of party walls, including the floor area of accessory buildings and structures.
44.   Floor Area Ratio. "Floor Area Ratio" means the total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.
45.   Food Processing. "Food Processing" means the preparation, storage or processing of food products. Examples of these activities include dairies, canneries and other similar businesses.
46.   Group Home. "Group Home" means a residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least nine but not more than sixteen persons with developmental disabilities.
47.   Home Occupation. "Home Occupation" means any occupation, profession, activity or use which is accessory to the principal use of the premises and is conducted by a resident occupant, within the dwelling, which does not alter the exterior of the property or affect the residential character of the neighborhood.
48.   Hospital. "Hospital" means an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices that are an integral part of the facility.
49.   Hotel or Motel. "Hotel or Motel" means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.
50.   Junk. "Junk" means old scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous materials.
51.   Junkyard. "Junkyard" means an establishment, place or business used or operated for buying or selling or storing wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts and includes scrap metal processing or storage facilities.
52.   Loading Space, Off-Street. "Loading Space, Off-Street" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
53.   Lot. "Lot" means a parcel or plot of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide yards and other open spaces as are herein required. The lot shall have frontage on an improved public street or on an approved private street and may consist of:
   A.   A single lot of record;
   B.   A portion of a lot of record;
   C.   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
54.   Lot Area. "Lot Area" means the computed horizontal area contained within the lot lines.
55.   Lot Coverage. "Lot Coverage" means the ratio of the enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
56.   Lot Frontage. "Lot Frontage." The front of a lot shall be construed to be the portion at the street or road R.O.W. line. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under "Yards" in this section.
57.   Lot, Minimum Area of. "Lot, Minimum Area of." The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
58.   Lot Measurement. "Lot Measurement" means that a lot shall be measured as follows:
A.   "Depth" means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
   B.   "Width" means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the R.O.W. line except for lots on cul-de-sac streets where it is measured at the setback line.
59.   Lot of Record. "Lot of Record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
60.   Lot Types. "Lot Types." Terminology used in this Part with reference to corner lots, interior lots and through lots is as follows:
   A.   "Corner Lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
   B.   "Interior Lot" means a lot with only one frontage on a street.
   C.   "Through Lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
   D.   "Reversed Frontage Lot" means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
61.   Major Thoroughfare Plan. "Major Thoroughfare Plan" means the portion of Comprehensive Plan adopted by the City Planning Commission indicating the general location recommended for arterial, collector and local thoroughfares within the appropriate jurisdiction. (Ord. 4059. Passed 5-26-98.)
62.   Manufacturing. "Manufacturing" means the assembling, altering, converting, fabricating, finishing, processing or treatment of a product.
63.   Manufacturing, Light. “Light Manufacturing” means lower-intensity manufacturing uses that require a finished product consisting of small machine parts or electronic equipment, the manufacturing or assembling of small products within a business and elements of wholesale and storage of products in a manner and character that does not create significant negative impacts to the environment or surrounding area.
   (Ord. 4346. Passed 8-24-10.)
64.   Mobile Home Park. "Mobile Home Park" means any site or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of the park.
65.   Non-conforming. "Non-conforming" means a building, structure or use of land existing at the time of enactment of this Part and which does not conform to the regulations of the district or zone in which it is situated.
66.   Office. "Office" means quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical, drafting, etc. Institutional offices of a charitable, philanthropic or religious or educational nature are also included in this classification.
67.   Open Space. "Open Space" means land used for resource protection, recreation, amenity and/or buffers.
68.   Parking Space, Off-Street. "Parking Space, Off-Street" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
69.   Performance Bond. "Performance Bond or Surety Bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
70.   Personal Services. “Personal Services” means an establishment primarily engaged in providing services generally involving the care of the person or his/her apparel. Such establishments include but are not limited to the following: laundry, cleaning and garment services; photographic studios; automobile wash; dog wash; beauty parlors (including manicure and pedicure salons); barber shops; shoe repair shops, shoe shine parlors, and hat cleaning shops; funeral homes; and other establishments engaged in providing personal services such as tanning salons, steam baths, reducing salons and health clubs, clothing rental, locker rental, and porter services ( see major group 72 of the Standard Manufacturing Classification Manual). For purposes of this code, an adult business is not defined as a personal service establishment.
71.   Personal Storage Facility. See “Storage Facility, Personal”.
72.   Planned Unit Development. "Planned Unit Development" means an area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these Regulations. The procedure for approval of the development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
73.   Printing and Publishing. "Printing and Publishing" means any business which is engaged in the printing and/or publishing of newspapers, magazines, brochures, business cards and similar activities either for profit or nonprofit.
74.   Public Service Facility. "Public Service Facility" means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, or other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a Municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public or private water and sewage service.
75.   Public Uses. "Public Uses" means public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
76.   Public Way. "Public Way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, tunnel, viaduct, walk, bicycle path; or other ways in which the general public or public entity has a right, or which are dedicated whether improved or not.
77.   Quasi-Public Use. "Quasi-Public Use" means churches, parochial schools, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
            
78.   Recreation, Commercial. "Recreation, Commercial" means any business which is operated as a recreation enterprise, either publicly or privately owned, for profit. Examples include, but are not limited to: golf courses, arcades, bowling alleys, theaters, etc.
79.   Recreation, Non-Commercial. "Recreation Non-Commercial" means any business which is operated as a recreational enterprise, either publicly or privately owned, for nonprofit. Examples include, but are not limited to: fishing areas, parks, archery ranges, etc.
80.   Recycling Center. "Recycling Center" means an establishment or place of business used, maintained or operated for the purpose of collecting, sorting, cleansing, treating and reconstituting waste or other discarded material for the purpose of recovering and reusing the materials.
81.   Religious Places of Worship. "Religious Places of Worship" means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.
82.   Residential Care Facility. “Residential Care Facility” means a home, that provides either of the following:
   A.   Accommodations for seventeen and not more than forty-two unrelated individuals and supervision and personal care services for three or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment; or
   B.   Accommodations for three or more unrelated individuals, supervision and personal care services for at least three of those individuals who are dependent on the services of others by reason of age or physical or mental impairment, and, to at least one of those individuals, any of the skilled nursing care authorized by Ohio R.C. 3721.011.
83.   Restaurant. “Restaurant” means a business where the dispensing at indoor tables and the consumption at indoor or outdoor tables of edible foodstuff and/or beverage is the principal business. This definition includes a cafe, cafeteria, coffee shop, delicatessen, lunch room, tearoom, dining room, bar, cocktail lounge and tavern. The total seating area located within the enclosed portion of the premises is more than fifty percent (50%) of the total floor area for the restaurant. This definition does not include a drive-in or carry-out restaurant.
84.   Restaurant, Fast Food. “Restaurant, fast food” means a food establishment so developed that its retail or service character is dependent upon providing stacking spaces for motor vehicles so patrons can be served while in their motor vehicles rather than in a building or structure.
             
85.    Restaurant, Drive-in. “Restaurant, Drive-In” means an automobile and truck-oriented use whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption in vehicles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. Orders generally are not taken at the customer's table and the food is generally served in disposable wrapping or containers. The total seating area, if provided, is less than fifty percent (50%) of the total floor area of the restaurant.
86.    Restaurant, Carryout. “Restaurant, Carryout” means any establishment that provides, as a principal use, the preparation and sale of food and/or beverages in a ready-to-consume state, primarily for consumption off the premises. A carryout restaurant shall not include drive-through facilities, and up to six ( 6) seats may be provided for onsite consumption and/or customer waiting.
87.   Retail Business. "Retail Business" means any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale.
88.   Right-of-Way. "Right-of-Way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
89.   Seat. "Seat", means for the purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four linear inches of benches, pews or space for loose chairs.
90.   Setback Line. "Setback Line" means a line established under this Part generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be otherwise provided herein.
91.   Sewers, Central or Group. "Sewers, Central or Group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
92.   Sewers, On-Site. "Sewers, On-Site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
93.   Shopping Center. "Shopping Center" means a grouping of retail and service uses on a single site that is developed, owned and managed as a unit with off-street parking as an integral part of the unit.
94.   Sign. "Sign" means an outdoor advertising structure, device or visual communication designed or intended to convey information to the public in written or pictorial form.
95.   Sign, Abandoned. "Sign, Abandoned" means a sign which no longer identifies or advertises a bona fide business, lessor, owner, service, product or activity and/or which no legal owner can be found.
96.   Sign, Animated. "Sign, Animated" means any sign which uses movement or change of lighting to depict action or to create a special effect or scene.
97.   Sign, Area of. "Sign, Area of" means the area of a freestanding or projecting sign shall have only one face (the largest) of any double or multi-faced sign counted in calculating its area. The area of a sign shall be measured as follows if the sign is composed of one or two individual cabinets:
   A.   The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.
   B.   The sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy.
98.   Sign, Awning. "Sign, Awning" means a sign painted on, printed on or attached flat against the surface of an awning.
99.   Sign, Banner. "Sign, Banner" means a sign made of fabric or any non-rigid material with no enclosing framework.
100.   Sign, Changeable Copy. "Sign, Changeable Copy" means a sign on which the copy changes automatically or manually.
101.   Sign, Construction. "Sign, Construction" means a temporary sign identifying an architect, contractor, subcontractor and/or material supplier, participating in the construction on the property on which the sign is located.
102.   Sign, Directional/Informational. "Sign, Directional/Informational" means an on-premise sign giving directions, instructions or facility information and which may contain the name or logo of an establishment but no advertising copy, for example, parking or entrance and exit signs.
103.   Sign, Face of. "Sign, Face of" means the area of a sign on which the copy is placed.
104.   Sign, Flashing. "Sign, Flashing" means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. "Flashing sign" does not include changeable copy signs, animated signs or signs which, through reflection or other means, create an illusion of flashing of intermittent light.
105.   Sign, Freestanding. "Sign, Freestanding" means a sign supported upon the ground by poles or braces and not attached to any building.
106.   Sign, Governmental. "Sign, Governmental" means any temporary or permanent sign erected and maintained by the City, County, State or Federal Government for traffic direction or for designation of or direction to any school, hospital, historical site or public service, property or facility.
107.   Sign, Height of. "Sign, Height of" means the vertical distance measured from the highest point of a sign, excluding decorative embellishments, to the grade of the adjacent street or surface grade beneath the sign, whichever is less.
108.   Sign, Identification. "Sign, Identification" means a sign whose copy is limited to the name and address of a building, institution, or person and/or the activity or occupation being identified.
109.   Sign, Marquee. "Sign, Marquee" means any sign attached to or supported by a marquee structure; a roof-like structure or canopy extended from the facade of a building.
110.   Sign, Nameplate. "Sign, Nameplate" means a non-electric on-premise identification sign giving only the name, address and/or occupation of an occupant or group of occupants.
111.   Sign, Non-Conforming. "Sign, Non-Conforming" means a sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.
112.   Sign, Off-Premises. "Sign, Off-Premises" means a sign structure advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which such sign is located, for example, billboards or outdoor advertising.
113.   Sign, On-Premises. "Sign, On-Premises" means a sign which pertains to the use of the premises on which it is located.
114.   Sign, Political. "Sign, Political" means a temporary sign used in connection with a local, state or national election or referendum.
115.   Sign, Portable. "Sign, Portable" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
116.   Sign, Projecting. "Sign, Projecting" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
117.   Sign, Real Estate. "Sign, Real Estate" means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.
118.   Sign, Rotating. "Sign, Rotating" means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
119.   Sign, Snipe. "Sign, Snipe" means a temporary sign or poster affixed to a tree, fence, etc.
120.   Sign, Subdivision Identification. "Sign, Subdivision Identification" means a freestanding or wall sign identifying a recognized subdivision, condominium complex or residential development.
121.   Sign, Temporary. "Sign, Temporary" means a sign not constructed or intended for long term use.
122.   Sign, Under-Canopy. "Sign, Under-Canopy" means a sign suspended beneath a canopy, ceiling, roof or marquee.
   
123.   Sign, Wall. "Sign, Wall" means a sign attached parallel to and extending not more than fifteen inches from the wall of a building. "Wall Sign" includes painted, individual letter and cabinet signs, and signs on a mansard.
124.   Sign, Window. "Sign, Window" means a window sign installed inside a window and intended to be viewed from the outside.
125.   Site Plan. "Site Plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
126.   Story. "Story" means that part of a building between the surface of a floor and the ceiling immediately above.
127.   Storage Facility. "Storage Facility" means a building used primarily for the holding of goods and merchandise.
128.   Storage Facility, Personal. “Storage Facility, Personal” means a building or group of buildings in a controlled access compound that contains equal or varying sizes of individual compartmentalized, and controlled access stalls or lockers for the storage of residential customers’ goods or wares.
129.   Structure. "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
130.   Swimming Pool. "Swimming Pool" means a pool, pond, lake or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
   A.   "Private" means exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
   B.   "Community" means operated with a charge for admission; a primary use.
131.   Thoroughfare, Street or Road. "Thoroughfare, Street or Road" means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
   A.   "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
   B.   "Arterial Street" means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
   C.   "Collector Street" means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
   D.   "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
   E.   "Dead-end Street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
   F.   "Local Street" means a street primarily for providing access to residential or other abutting property.
   G.   "Loop Street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from the arterial or collector street, nor normally more than 600 feet from each other.
   H.   "Marginal Access Street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called a frontage street.
132.   Transport Terminals. "Transport Terminals" means any business, structure or premise which primarily receives or distributes goods and/or a facility where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or other modes of transportation, any business, structure or premise which primarily receives or distributes goods.
133.   Use. "Use" means the specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained. "Used" or "occupied" includes "intended, designed or arranged to be used or occupied."
134.   Use, Accessory. "Use, Accessory" means a use or structure subordinate to the principal use of a building or to the principal use of the land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidental to the use of the principal building or land use.
135.   Use, Conditional. "Use, Conditional" means a use which is permitted in a district only if a zoning certificate therefore is expressly authorized by the Building and Zoning Appeals Board.
136.   Use, Non-Conforming. "Use, Non-Conforming" means any building, structure, or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, yards, or courts, or distance requirements from more restricted districts or uses, shall not be considered a non-conforming use.
137.   Use, Principal Permitted. "Use, Principal Permitted" means a use which is permitted outright in a district for which a zoning certificate shall be issued by the Zoning Inspector provided that the applicant meets the applicable requirements of the Part.
138.   Variance. "Variance" means a modification of the strict terms of the relevant regulations where the modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
139.   Veterinary Animal Hospital or Clinic. "Veterinary Animal Hospital or Clinic" means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
140.   Vicinity Map. "Vicinity Map" means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
141.   Walkway. "Walkway" means a public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
142.   Wholesale and Warehousing. "Wholesale and Warehousing" means business establishments that generally store and sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product or for use by a business service.
143.   Yard. "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
144.   Yard, Front. "Yard, Front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
145.   Yard, Rear. "Yard, Rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
146.   Yard, Side. "Yard, Side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
147.   Zoning Certificate. "Zoning Certificate" means a document issued by the Zoning Inspector authorizing the occupancy or use of a building or structure or the actual use of lots or land in accordance with the previously issued zoning permit.
148.   Zoning Inspector. "Zoning Inspector" means the Zoning Inspector of the City, empowered by the Director of Administration to administer, enforce, and interpret the provisions, regulations, and requirements of this Part.
149.   Zoning Permit. "Zoning Permit" means a document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 4059. Passed 5-26-98; Ord. 4346. Passed 8-24-10; Ord. 4544-21. Passed 7-20-21; Ord. 4620-25. Passed 4-22-25.)

1103.01 DIVISION OF THE CITY INTO DISTRICTS.

   The following zoning districts are hereby established for the City. For the interpretation of this Part, the zoning districts have been formulated to realize the general purposes as set forth in the preamble of this Part. In addition, the specific purpose of each zoning district shall be as stated.
   The City is hereby divided into seven use districts as follows:
Abbreviation
District
R-1
Low Density Residential
R-2
Medium Density Residential
R-3
High Density Residential
BR-1
Business Residential
B-2
General Business
B-3
Central Business
M-1
Manufacturing
 

1103.02 MAP ESTABLISHED.

   The districts established as shown on the Official Zoning Map, together with all explanatory matter, are hereby adopted as part of this chapter.

1103.03 IDENTIFICATION.

   The Official Zoning Map shall be identified by the signature of the Mayor and attested by the Clerk of Council.

1103.04 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:
   (a)   Where district boundaries are indicated as approximately following the centerlines of thoroughfares or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries;
   (b)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries;
   (c)   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map;
   (d)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of such railroad line.

1103.05 UNCERTAINTY AS TO BOUNDARIES.

   All questions concerning the exact location of district boundary lines, shall be determined by the Zoning Inspector with appeals to the Board of Building and Zoning Appeals according to rules and regulations which may be adopted by it.

1103.06 VACATED STREET OR ALLEY.

   Whenever any street, or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district.

1103.07 CONFORMANCE WITH REGULATIONS.

   Except as hereinafter specified, no land, building, structure, or premise, shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located.

1105.01 PURPOSE.

   This section of the Zoning Code sets both the powers and duties of the Zoning Inspector, Planning Commission, Building and Zoning Appeals Board, and the City Council with respect to the administration of the provisions of this Part.

1105.02 RESPONSIBILITIES OF THE ZONING INSPECTOR.

   The Zoning Inspector shall have the following responsibilities and powers:
   (a)   Enforce the provisions of this Part and interpret the meaning and application of its provisions.
   (b)   Receive and make determinations on applications for zoning permits and certificates of occupancy.
   (c)   Issue zoning permits and certificates of occupancy as provided by this Part, and keep a record of same with notations of special conditions involved.
   (d)   Review and process plans pursuant to the provisions of this Part.
   (e)   Make determinations as to whether violations of this Part exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Part.
   (f)   Conduct inspections of buildings and uses of land to determine compliance or non- compliance with this Part.
   (g)   Maintain permanent and current records required by this Part, including but not limited to the Official Zoning Map, zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use of the City Council, Planning Commission, the Building and Zoning Appeals Board and to the public.
   (h)   Determine the existence of any violations of this Part and enforce this Part.
   (i)   Revoke a permit or approval issued contrary to this Part or based on a false statement or misrepresentation in the application.

1105.03 PROCEEDINGS OF THE PLANNING COMMISSION.

   The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Part. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission.

1105.04 RESPONSIBILITIES OF THE PLANNING COMMISSION.

   The Planning Commission shall have the following responsibilities and powers as they relate to this Part:
   (a)   Initiate advisable Official Zoning District Map changes, or changes in the text of this Part where same will promote the best interest of the public in general through recommendation to the City Council.
   (b)   Review all proposed amendments to the text of this Part and the Official Zoning District Map and make recommendations to the City Council.
   (c)   Review all Planned Unit Development applications and make recommendations to the City Council as provided in this Part.
   (d)   Carry on a continuous review of the effectiveness and appropriateness of this Part and recommend such changes or amendments as it feels would be appropriate.
   (e)   Review and act on site plans.
   The Planning Commission shall also have the responsibilities as set forth in the City Charter.

1105.05 PROCEEDINGS OF THE BUILDING AND ZONING APPEALS BOARD.

   The Building and Zoning Appeals Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Part. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Board.

1105.06 RESPONSIBILITIES OF THE BUILDING AND ZONING APPEALS BOARD.

   The Board of Building and Zoning Appeals shall have the following responsibilities and powers as they relate to this Part:
   (a)   Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
   (b)   Authorize such variances as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Part will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done. Procedures for variances shall conform to Section 1105.33 , Variances.
   (c)   Hear applications for and decide upon requests for conditional uses.
   The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this Part or to effect any variation in its application.
   The Board may call on the several City departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

1105.07 APPEALS; DUTIES OF CITY OFFICIALS AND COURTS.

   It is Council’s intent that all questions of interpretation and enforcement of this Part, except as otherwise specified, shall be first presented to the Zoning Inspector and that the questions shall be presented to the Building and Zoning Appeals Board only on appeal from the decision of the Zoning Inspector and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Part that the duties of Council in connection with this Part shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Part. Under this Part, Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Part as provided by law and approving or rejecting planned unit development projects. Nothing in this Part shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided by law. Any such appeal shall be made within ten days of the Board's written decision.

1105.08 APPEALS PROCEDURES AND REQUIREMENTS.

   Appeals shall conform to the procedures and requirements of Sections 1105.08 to 1105.11, inclusive.

1105.09 APPEALS; PROCEDURE OUTLINED.

   Appeals to the Building and Zoning Appeals Board concerning interpretation or administration of this Part may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the City affected by any decision of the Zoning Inspector. The appeal shall be taken within thirty days after the decision by filing, with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

1105.10 STAY OF PROCEEDINGS.

   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Building and Zoning Appeals Board after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.

1105.11 ZONING PERMIT REQUIRED.

   No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Part unless the Zoning Inspector receives a written order from the Building and Zoning Appeals Board deciding an appeal or variance, or from the Planning Commission approving a conditional use or from Council approving a planned unit development district, as provided by this Part.

1105.12 ZONING PERMIT APPLICATION.

   The application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or is not more than 50% complete within two and one-half years. At a minimum, the application shall contain the following information:
   (a)   Name, address and phone number of applicant;
   (b)   Legal description of property;
   (c)   Existing use;
   (d)   Proposed use;
   (e)   Zoning district;
   (f)   Plans in duplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
   (g)   Building heights;
   (h)   Number of off-street parking spaces or loading berths;
   (i)   Number of dwelling units;
   (j)   Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Part.

1105.13 ZONING PERMIT APPROVAL.

   Within thirty days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Part. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector, after he marks such copy either as approved or disapproved and attests to same by his signature on the copy. One copy of plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Part.

1105.14 SUBMISSION TO DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION.

   Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway for which changes are proposed as described in the certification to local officials by the Director of Transportation OF any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail, to the Director that he shall not issue a zoning permit for 120 days from the date the notice is received by the Director. If the Director notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension agreed upon by the Director and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Part, issue the zoning permit.

1105.15 ZONING PERMIT EXPIRATION.

   If the work described in any zoning permit has not begun within one year from the date of issuance thereof, the permit shall expire and written notice shall be given to the persons affected. If the work described in any zoning permit is not more than 50% completed within two and one-half years of the date of issuance, the permit shall expire and written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.

1105.16 CERTIFICATE OF OCCUPANCY.

   No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy is issued by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Part.

1105.17 CONTENTS OF CERTIFICATE OF OCCUPANCY.

   The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building, health, and other applicable laws, all conditions and requirements stipulated by the Planning Commission, and with the provisions of this Part. A record of all certificates shall be kept on file in the office of the Zoning Inspector and copies shall be furnished, on request, to any persons having a proprietary or tenancy interest in the building or land affected.

1105.18 TEMPORARY CERTIFICATE OF OCCUPANCY.

   A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.

1105.19 RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.

   The Zoning Inspector shall maintain a record of all zoning permits and certificates of occupancy and copies shall be furnished upon request to any person.

1105.20 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.

   Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this Part.

1105.21 CONSTRUCTION AND USE IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES.

   Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this Part.

1105.22 COMPLAINTS REGARDING VIOLATIONS.

   Whenever a violation of this Part occurs or is alleged to have occurred, any person shall file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate and take action as provided herein.

1105.23 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   The Board of Control shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals and other matters pertaining to the administration and enforcement of this Part requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Zoning Inspector. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

1105.24 CONDITIONAL USES.

   The Building and Zoning Appeals Board may authorize, upon application, conditional uses as delineated in Section 1105.25 through 1105.32. Such conditional use requests shall conform to the procedures and requirements of Section 1105.25 through 1105.32, inclusively.

1105.25 APPLICATION FOR A CONDITIONAL USE PERMIT.

   An application for conditional use permit shall be filed with the Zoning Inspector by at least one owner, owner's agent or lessee of properties for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application provided however that the Zoning Inspector may waive certain submission requirements where it is determined that it is not applicable.
   At a minimum, the application shall contain the following information:
   (a)   Name, address and phone number of applicant;
   (b)   Legal description of property;
   (c)   Description of existing use;
   (d)   Zoning district;
   (e)   Description of proposed conditional use;
   (f)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this part;
   (g)   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor and fumes on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.
   (h)   Names and mailing addresses of all contiguous and adjoining properties.
   (i)   When an application for a conditional use permit is for an adult entertainment facility, the applicant shall supply the additional information listed below:
      (1)   The location of the proposed conditional use in relation to any Residential, Office-Residential, Office-Commercial, Commercial and/or Industrial Zoning District within 1,000 feet of the property boundary of the proposed use.
      (2)   The location of the proposed conditional use in relation to any school, library, child-care center or teaching facility, whether public or private, governmental or commercial; said school, library, child-care center or teaching facility is attended by persons under eighteen years of age.
      (3)   The location of the proposed conditional use in relation to any park or recreational facility, public or private, which is attended by persons under eighteen years of age.
      (4)   The location of the proposed conditional use in relation to any permanently established place of religious services.
      (5)   The location of the proposed conditional use in relation to any of the following uses or establishments within such uses are located:
         A.   Cabarets, clubs, or other establishments which feature topless or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
         B.   Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
         C.   Pawn shops.
         D.   Pool or billiard halls.
         E.   Pinball palaces or halls.
         F.   Dance halls or discotheques.
         G.   Massage parlors.
            (Ord. 4059. Passed 5-26-98.)

1105.26 GENERAL STANDARDS FOR CONDITIONAL USES.

   The Building and Zoning Appeals Board shall review the particular facts and circumstances of each proposed use in terms of all the following standards and shall find adequate evidence showing that the use at the proposed location:
   (a)   Is in fact a conditional use as established under the provisions of Chapters 1120 through 1126 and appears on the official schedule of district regulations for the zoning district involved;
   (b)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Comprehensive Plan and/or this Part;
   (c)   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 the use will not change the essential character of the same area;
   (d)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (e)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
   (f)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
   (g)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors; and
   (h)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
   

1105.27 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any conditional use, the Building and Zoning Appeals Board may prescribe appropriate conditions and safeguards in conformity with this Part. Violations of the conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Part and provide cause to revoke a conditional use granted.

1105.28 PUBLIC HEARING BY THE BUILDING AND ZONING APPEALS BOARD.

   The Building and Zoning Appeals Board shall hold a public hearing within thirty (30) days after the receipt of a conditional use permit application from the Zoning Inspector or applicant.
(Ord. 4015. Passed 11-4-96.)

1105.29 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding the public hearing required in Section 1105.28, notice of the hearing shall be given in one newspaper of general circulation in the City at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

1105.30 NOTICE TO PARTIES OF INTEREST.

   Before holding the public hearing required in Section 1105.28, written notice of the hearing shall be mailed by the chairman of the Zoning Inspector, by first class mail, at least ten days before the day of the hearing to all parties in interest including all surrounding properties within 200 feet of the subject property. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1105.29.

1105.31 ACTION BY THE BUILDING AND ZONING APPEALS BOARD.

   Within thirty days after the public hearing required in Section 1105.28 the Building and Zoning Appeals Board shall either approve, approve with supplementary conditions as specified in Section 1105.27 or disapprove the application as presented. If the application is approved or approved with modifications, the Building and Zoning Appeals Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Building and Zoning Appeals Board for approval. If the application is disapproved by the Building and Zoning Appeals Board the applicant may seek relief through the Court of Common Pleas. Appeals from Building and Zoning Appeals Board decisions shall be made in the manner specified in Section 1105.08.

1105.32 EXPIRATION OF A CONDITIONAL USE PERMIT.

   (a)   A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than one (1) year.
   (b)   In R-1, R-2 and R-3 Districts, a conditional use permit shall also expire upon transfer of ownership of the property for which the permit was granted.

1105.33 VARIANCES.

   The Building and Zoning Appeals Board may authorize upon appeal in specific cases such variances from the terms of this Part as will not be contrary to the public interest where the following standards are met, owing to special conditions, a literal enforcement of the provisions of this Part would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance.
   Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Part would result in unnecessary hardship. Furthermore, no variance for use of land shall be issued:
   (a)   Conditions prevailing. Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the Board shall have power to relieve such hardship. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the Zoning Code and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.
   (b)   Findings of the Board. No such variance of the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that ALL of the following facts and conditions exist:
      (1)   Exceptional circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this Zoning Code, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses on the same zoning district.
      (2)   Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.
      (3)   Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Code or the public interest.
      (4)   Not of general nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situation.

1105.34 APPLICATION AND STANDARDS FOR VARIANCES.

   The following shall apply to the application for a variance:
   (a)   A variance from the terms of this Part shall not be granted by the Building and Zoning Appeals Board unless and until a written application for a variance is submitted to the Zoning Inspector and the Board containing:
      (1)   Name, address and phone number of applicant;
      (2)   Legal description of property;
      (3)   Description of nature of variance requested;
      (4)   A narrative statement demonstrating that the requested variance conforms to the standards.
   (b)   A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by subsection(a)(4) hereof have been met by the applicant.

1105.35 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   Under no circumstances shall the Building and Zoning Appeals Board grant an appeal or variance to allow a use not permissible under the terms of this Part in the district involved or any use expressly or by implication prohibited by the terms of this Part in such district. In granting any appeal or variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Part. Violation of the conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Part.

1105.36 PUBLIC HEARING BY THE BUILDING AND ZONING APPEALS BOARD.

   The Building and Zoning Appeals Board shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant. (Ord. 4015. Passed 11-4-96.)

1105.37 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding the public hearing required in Section 1105.36, notice of the hearing shall be given in one newspaper of general circulation in the City at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

1105.38 NOTICE TO PARTIES IN INTEREST.

   Before holding the public hearing required in Section 1105.36, written notice of the hearing shall be mailed by the chairman of the Building and Zoning Appeals Board, by first class mail, at least ten days before the day of the hearing to all parties in interest including all contiguous and adjoining properties. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1105.37.

1105.39 ACTION BY BOARD OF BUILDING AND ZONING APPEALS.

   Within thirty days after the public hearing required in Section 1105.36, the Building and Zoning Appeals Board shall either approve, approve with supplementary conditions as specified in Section 1105.35 or disapprove the request for appeal or variance. The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from Board decisions shall be made in the manner specified in Section 1105.08.

1110.01 APPLICABILITY.

   This section shall apply to new property development, except for subdivisions of four (4) single family detached dwelling units or less, and shall apply to the substantial expansion of existing structures, except for individual single family detached dwellings and two-family dwellings. Substantial expansion of existing structures shall be defined based on the criteria established below:
 
When Existing Structure is....
A Substantial Expansion is...
0 - 1,000 Sq. Ft. GFA*
1,001 - 10,000 Sq. Ft. GFA
10,001 - 25,000 Sq. Ft. GFA
25,001 - 50,000 Sq. Ft. GFA
50,001 Sq. Ft. GFA and larger
50% or Greater addition of GFA
40% or Greater addition of GFA
30% or Greater addition of GFA
20% or Greater addition of GFA
10% or Greater addition of GFA
         *GFA means Gross Floor Area
   Furthermore, no building shall be erected or structurally altered on any lot or parcel in zones where a site plan is required, except in accordance with the regulations of this section and an approved site plan. No zoning certificate shall be issued prior to the approval of a site plan. In cases determined by the Planning Commission, a temporary certificate of occupancy permit may be issued with the posting of a bond as established by the City Council.

1110.02 CONTENTS OF SITE PLAN APPLICATION.

   Before a zoning certificate is issued, one copy of the site plan at a scale no smaller than 1 inch to 100 feet shall be filed with the Zoning Inspector setting forth, identifying and locating the following:
   (a)   The total area in the development.
   (b)   The existing zoning of the property in question and/or all adjacent properties.
   (c)   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
   (d)   Existing topography with a maximum of ten (10) foot contour intervals.
   (e)   The proposed finished grade of the development shown by contours not larger than five (5) feet.
   (f)   The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.
   (g)   Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.
   (h)   All sidewalks and other open areas.
   (i)   Location of all walls, fences, and buffer yards.
   (j)   Location, size, height and orientation of all signs.
   (k)   Location of all existing proposed streets, highways and alleys.
   (l)   All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.
   (m)   The schedule of phasing of the project.
   (n)   Such other information as required by the Planning Commission to determine the conformance with this Zoning Code.

1110.03 ACTION BY PLANNING COMMISSION FOR SITE PLAN REVIEW.

   Upon submission of the complete application for site plan review to the Zoning Inspector, the application shall be transmitted to the Planning Commission where they shall review the site plan pursuant to Section 1110.04 Site Plan Review Guidelines. No public notice or public hearing shall be required in conjunction with the Site Plan Review.
   The Planning Commission shall act upon all site plans within thirty (30) days after the receipt of the complete application from the Zoning Inspector. The Planning Commission may approve, disapprove or approve with modifications the site plan as submitted. Within the said thirty (30) day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period for a period of time not to exceed an additional sixty (60) days.

1110.04 SITE PLAN REVIEW GUIDELINES.

   The following principles shall guide the site planning review by the Planning Commission:
   (a)   The natural topographic and landscape features of the site shall be incorporated into the plan and the development whenever feasible.
   (b)   Buildings and open spaces should be in proportion and in scale with existing structures and spaces in the area within three hundred (300) feet of the development site.
   (c)   A site that has an appearance of being congested, over built or cluttered can evolve into a blighting influence and therefore such should not be congested, over built or cluttered.
   (d)   Open spaces should be linked together.
   (e)   Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.
   (f)   Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.
   (g)   Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
   (h)   In connection with the siting of buildings, the location should be oriented to maximize the privacy of the occupants of adjacent buildings.
   (i)   Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades shall be utilized proximate to intersections.
   (j)   Pedestrian circulation in non-residential areas should be arranged so that off-street parking areas are located within a convenient walking distance of the use being served. Handicapped parking should be located as near as possible to be accessible to the structure. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement markings, signalization or complete grade separation.
   (k)   Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.
   (l)   Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing of curb cuts of more than one facility. 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.
   (m)   Drive through establishments such as restaurants and banks should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulations.

1110.05 SIGNS.

   The following guidelines apply to the application of signs in the site plan review process:
   (a)   For new developments, signs shall be reviewed as part of the site plan review process. The Planning Commission shall have the authority to modify sign regulations as part of the site plan review based upon written findings.
   (b)   For existing buildings with new signs that do not comply to district requirements, the Planning Commission can approve the sign, with written modifications and findings, related to compensation by the owner in the form of overall site improvements (i.e. increased landscaping).
   (c)   All variances for signs shall be filed with the Board of Building and Zoning Appeals pursuant to Section 1105.33.

1112.01 PURPOSE.

   (a)   General. City Council, consistent with the mission and findings of the Downtown Revitalization Committee, and being mindful of the proud history of Urbana and of the importance of the downtown's character and architectural heritage in the every day lives of its citizens and in promoting business and economic development hereby declares as a matter of public policy that the preservation, restoration, rehabilitation, development and redevelopment of the downtown are matters of public necessity involving the health, safety, and welfare of its residents and businesses.
   The purpose of this Chapter, the "City Center Heritage Overlay District", is to:
      (1)   Provide supplemental regulations or standards which are consistent with the City's intent to guide public and private actions within the Overlay District in terms of redevelopment and re-use of existing land and structures, new development, and the preservation of the area's historic character and architecturally significant structures. These supplemental regulations are in addition to "base" or underlying zoning district regulations applicable in the "B-3 Central Business District". Whenever there is a conflict between the regulations of the underlying district and those of the overlay district, the overlay district regulations will control;
      (2)   Provide a more flexible instrument which governs development by the urban design principles and guidelines of building placement, building form and character, access and parking placement, and the availability of pedestrian amenities to establish and support a pedestrian-friendly shopping and civic center, contrary to conventional development control strictly by type of use;
      (3)   Maintain and enhance the distinctive character of the Overlay District by safeguarding the architectural integrity of the various period structures within it, and to prevent intrusions and alterations within the Overlay District that would be incompatible with the established character; and
      (4)   Provide for a means of design review for those aspects of redevelopment and new development within the Overlay District in order to ensure compatibility with the District's character, scale, building fabric, and historic architectural elements, in an effort to achieve a more attractive and viable business and civic environment for the City's residents and visitors.
   (b)   Objectives. The City Center Heritage Overlay District is specifically designed to:
      (1)   Maintain, promote and ensure Urbana's downtown as its historic business and civic center.
      (2)   Provide for increased opportunities and land use efficiency for redevelopment, new development and business development expansion.
      (3)   Assist property owners to rehabilitate their property and receive tax credits.
      (4)   Protect property and private investment.
      (5)   Encourage a viable and compatible mix of commercial, business, office, and residential uses in the district.
      (6)   Discourage the use of property with small and isolated free-standing structures oriented primarily to automobile traffic.
      (7)   Discourage the development of building additions and new construction which require large buildings, incompatible with the character and scale of the district.
      (8)   Maintain a continuous building form, parallel to the street, and without setbacks from the right-of-way.
      (9)   Prevent abrupt and severe differences and change in the character of development.
      (10)   Enhance the distinguishable character and scale of Urbana's city center.
      (11)   Protect the historically significant and other contributing structures and promote their longevity as a viable resources for re-use and redevelopment.
      (12)   Allow the application of performance standards to development and redevelopment so as to mitigate any adverse impacts on adjacent areas and the overall district.
      (13)   Promote public health, safety and welfare.
         (Ord. 4084. Passed 4-13-99.)

1112.02 BOUNDARIES OF THE CITY CENTER HERITAGE OVERLAY DISTRICT.

   The City Center Heritage District is an overlay district, which is superimposed upon a portion of the existing underlying "B-3 Central Business District", and which is identified on the zoning map by a prefix of “B-3/CCHD” to the underlying district. Illustration 1 shows the boundary of the district. In the Overlay District all regulations applicable to the underlying district shall remain in effect for any conforming use. Additionally, several uses permitted in the underlying district shall be subjected to restrictions as specified in Section 1121.04.
(Ord. 4084. Passed 4-13-99.)

1112.03 DESIGN GUIDELINES.

   Within the Overlay District, the City Center Heritage Design Guidelines shall be used to direct private and public initiatives for development and redevelopment, building rehabilitation and new construction, and make sure that the improvements are integrated in the City Center's character and historic fabric. The latest version of the City Center Heritage Guidelines document shall be in effect and shall be made an integral element of the City Center Heritage Overlay District regulations, requirements, procedures, and review process.
   The Design Review Board as provided in this Chapter may from time to time update the Design Guidelines in order to maintain an effective set of guidelines representative of the existing and changing conditions in the area. In the case when the Design Review Board makes changes to the originally adopted Design Guidelines, and to those subsequently adopted changes, the amended Design Guidelines shall be processed according to the zoning text amendment requirements, Chapter 1113 of the Planning and Zoning Code. In addition, residents, business and property owners in the Overlay District shall be notified by mail of any proposed changes.
(Ord. 4084. Passed 4-13-99.)

1112.04 DETERMINATION OF APPLICABILITY.

   (a)   Design Review Required. The requirements and regulations of this chapter apply to land uses within the defined boundary of the City Center Heritage Overlay District. Buildings or structures which are solely used for a residential purposes and maintain their residential use as their principal use at the time of the enactment of this chapter, shall be exempted from the design review requirements as long as they maintain the residential use as the principal use. When the principal use changes to a nonresidential use, then the requirements, regulations, and procedures of this chapter shall apply in their entirety to all such buildings or structures.
   Any activities involving the following must be undertaken in accordance with the requirements and review procedures and the Design Guidelines as set forth in this chapter:
      (1)   Construction of new buildings and structures;
      (2)   All exterior renovations and rehabilitations of existing buildings or structures;
      (3)   Additions and expansion of existing principal and accessory buildings or structures;
      (4)   Demolition of buildings or structures;
      (5)   Site improvements, including parking lots, driveways, vehicular and/or pedestrian access;
      (6)   Signs in accordance with this chapter and Chapter 1137; and
      (7)   Screening and landscaping.
   (b)   Design Review Not Required. The following projects and activities are exempt from the design review:
      (1)   Changes in occupancy not involving structural or exterior work;
      (2)   Interior work such as VAC or plumbing, electrical wiring on an existing building or structure;
      (3)   Interior building renovations which will not alter or affect the exterior elevations and facade of the building or structure or any architectural feature that is visible from the outside;
      (4)   Ordinary repair and maintenance which does not result in an exterior change; and
      (5)   Interior or exterior work on existing structures which are solely used for single and two-family residential purposes and maintain their residential use as their principal use at the time of the enactment of this chapter.
         (Ord. 4084. Passed 4-13-99.)

1112.05 PERMITTED USES.

   As a matter of right, those buildings and uses permitted as principal, accessory, and conditional uses in the underlying district shall be permitted except as specified in Section 1112.07 of this chapter.
(Ord. 4084. Passed 4-13-99.)

1112.06 PROHIBITED USES.

   The following uses shall be prohibited within the Overly District:
   (a)   New uses with drive-through, drive-in or drive-up facilities unless they are designed and constructed in substantial compliance with the Design Guidelines and in a manner which respects the area's historic fabric, scale, and compact form. Uses which existed prior to the adoption of the Overlay District may retain or reestablish their drive-through, drive-in or drive-up facilities if they rebuild on their existing site. In such cases, a design review of the development will be required in accordance with the provisions of this chapter;
   (b)   Vehicle sales, rental and service for new and used;
   (c)   Recreational vehicle sales (boats, recreational vehicles, mobile homes, and the like);
   (d)   Automobile repair, painting and body shops;
   (e)   Automobile washing facilities;
   (f)   Installation of automobile parts and accessories;
   (g)   Automobile service stations;
   (h)   Lumber yards, building materials and home improvement stores;
   (i)   Warehousing and mini storage facilities;
   (j)   Tool, equipment rental facilities;
   (k)   Contracting services for building and construction, but not offices used solely for the operation of such services;
   (l)   Vehicle storage, excluding parking facilities and garages in support of any development;
   (m)   Outside storage areas; and
   (n)   Any other uses which are not compatible with the purpose and objectives of these regulations as determined by the Design Review Board.
      (Ord. 4084. Passed 4-13-99.)

1112.07 NONCONFORMING USES.

   Lots, structures, and uses of land that do not conform to the Overlay District regulations after the effective date of these regulations, are considered non-conforming uses and shall be regulated in accordance with the provisions of Chapter 1117 of the Zoning Code.
(Ord. 4084. Passed 4-13-99.)

1112.08 ESTABLISHMENT OF DESIGN REVIEW BOARD.

   (a)   Creation. In recognition of the need for the establishment of a public body with the authority to advise upon changes to land use, buildings or structures, site improvements, landscaping, signs, and street scape improvements in the Overlay District, and in order to encourage changes which are compatible with the character, purposes and objectives of the Overlay District, the Design Review Board is hereby established.
   (b)   Composition and Terms.
      (1)   The Design Review Board shall consist of seven members. One member shall be a member of the Planning Commission as selected by the members of that Commission. Six members shall be appointed by the Mayor, and these six will be chosen by the Downtown Revitalization Committee. The six appointees may include, e.g., an architect, a building owner, a business owner, a member of the Champaign County Preservation Alliance, a member of the Champaign County Historical Society, a real estate broker, a historic preservationist, an artist, and any person with aesthetic discretion and judgment.
      (2)   All members shall reside in the City of Urbana.
      (3)   Each appointed member shall serve a term of two years and may be re- appointed for terms of two years, except that the term of the Planning Commission member shall be coincident with the member’s term of serving.
      (4)   The members shall serve without compensation from the City and may be removed by the Mayor after public hearing for inefficiency, neglect of duty or malfeasance. An appointment to fill a vacancy shall be for the unexpired portion of the term.
   (c)   Organization and Rules of Design Review Board.
      (1)   City Council shall establish the Design Review Board, its By-Laws and Membership structure and organization based on municipal and state statutes.
      (2)   As soon as convenient, following their appointment to the Design Review Board, the members shall meet and organize by election of a chairman and secretary. The Design Review Board shall adopt its own rules of procedure and provide for regular and special meetings to accomplish its mission and the purpose of the City Center Heritage Overlay District.
      (3)   The chairman shall conduct the meetings of the Design Review Board. The secretary shall keep the minutes of the meetings and a permanent record of all resolutions, motions, transactions and determinations. All members of the Board shall be entitled to vote, and the decisions of the Board shall be determined by majority vote. A quorum of 2/3 members is required before the Board may take any official action.
      (4)   The Design Review Board shall not reconsider any decision made by it, except in cases where an applicant appears within ninety days with his/her application amended sufficiently to be considered for a new review according to the procedures established in this chapter.
   (d)   Design Review Board Mission.
      (1)   To review applications for development, redevelopment, and alterations in the Overlay District as required by this chapter and in accordance with the procedures and design guidelines established by this chapter.
      (2)   To assist and guide applicants and property owners to undertake improvements and development compatible with the character of the Overlay District and the purpose of this chapter.
      (3)   To periodically update and maintain effective design guidelines and review procedures.
         (Ord. 4084. Passed 4-13-99.)

1112.09 CERTIFICATE OF APPROPRIATENESS.

   (a)   Any property owner or agent thereof proposing to erect a building or structure or conduct major renovations on any building or structure, including accessory uses, or demolish, in whole or in part, a structure in the Overlay District, shall comply with the provisions of this chapter and shall obtain a Certificate of Appropriateness from the Design Review Board, prior to the issuance of a building permit and/or zoning certificate from the Building Inspector's Office.
   (b)   When applicable, for properties in the Overlay District, Site Plan Review by the Planning Commission as required by Chapter 1110 of the Zoning Code shall not commence, unless the applicant has secured a Certificate of Appropriateness by the Design Review Board.
   (c)   In case of disapproval of an application for Certificate of Appropriateness, the Design Review Board shall briefly state its reasons therefor in writing, and it may make recommendations to the applicant with respect to appropriateness of design, arrangement of elements, textures, material, color, and the like of the improvements and/or development involved.
   (d)   Any Certificate of Appropriateness issued pursuant to this chapter and any building and/or zoning permit granted pursuant to the Certificate of Appropriateness shall expire of its own limitation twelve (12) months from the date of issuance if the work authorized thereby has not significantly commenced by the end of such twelve month period; and further, any such Certificate and permit shall also expire and become null and void if such authorized work is suspended or abandoned for a period of twelve months after being commenced.
(Ord. 4084. Passed 4-13-99.)

1112.10 CRITERIA AND CONDITIONS FOR EVALUATING APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS.

   ln considering the appropriateness of an application for any change, improvement and/or development in the Overlay District, the Design Review Board shall take into account all the unique elements and circumstances of the particular site and/or building, and their relationship with the surrounding properties and the character of the Overlay District as a whole, and shall utilize the Board to review the application and arrive at a preliminary and final decisions.
   (a)   Conditions For Review and Approval. The use of the property and the proposed improvements in the Overlay District shall be in accordance with these regulations and the Site Development Plan, and a Certificate of Appropriateness shall be issued when the review has determined that the proposed development by its nature, or by reason of the controls imposed by the Design Review Board:
      (1)   It does not violate the historic integrity of the existing building as a result of changes, additions, alterations, signs and other physical improvements;
      (2)   Is not an adverse influence on any abutting or surrounding properties and on the overall character and scale of the Overlay District;
      (3)   Facilitates and encourages the maintenance and creation of the Desired City Center historic fabric and urban form, and does not adversely affect the envisioned predominant character in the district;
      (4)   It created a harmonious and coordinated image of the proposed building character, landscaping, signage, and lighting with the adjacent properties and the district;
      (5)   It relates effectively ingress/egress to the development to the existing street system in terms of safety and ease of access;
      (6)   Is in full compliance with the purposes of this Zoning Code and with the Overlay District;
      (7)   Furthers and conforms to the goals of the City of Urbana to reestablish and maintain in the area in the Overlay District as a viable business and civic center; and
      (8)   Is designed to maximize the public interest and private benefit in a balanced manner.
   It is the responsibility of the applicant to provide adequate documentation to ensure compliance with the above and the Design Guidelines for the Overlay District.
(Ord. 4084. Passed 4-13-99.)

1112.11 VIOLATIONS.

   Whoever constructs, reconstructs, alters, changes, or demolishes any exterior feature of any property; or whoever demolishes a building or structure in the Overlay District, or whoever maintains, changes or installs a sign in violation of the requirements of this chapter, shall be deemed in violation of this Zoning Code and such violations shall be addressed under Chapter 1149.
(Ord. 4084. Passed 4-13-99.)

1112.12 APPEALS.

   Whenever the Design Review Board shall, in a final decision, disapprove an application for a Certificate of Appropriateness, the applicant for such Certificate shall have the right to appeal the Board's decision in accordance with the provision of Chapter 1105.09 of the Zoning Code.
(Ord. 4084. Passed 4-13-99.)

1112.13 REVIEW PROCEDURES - APPLICATION FOR CERTIFICATE OF

APPROPRIATENESS. 
   (a)   General.
      (1)   When the owner or the designated agent of a property within the Overlay District desires to make any changes other than ordinary maintenance in accordance with the requirements of this chapter, such owner or agent shall comply with the provisions of this chapter and shall first secure a Certificate of Appropriateness from the Design Review Board, unless such property is exempted in accord with Section 1112.04(b) of this chapter.
      (2)   Before a permit is issued for the construction, reconstruction or alteration of any building and/or development and redevelopment of property in the Overlay District in compliance with the requirements of this chapter, a detailed site plan, building plans, and elevations and such other information necessary to determine compliance with the standards of the Overlay District shall be submitted to the Design Review Board for review and approval.
      (3)   Applications for Certificate of Appropriateness shall be filed with the Building-Zoning Inspector who shall, prior to the issuance any permits, refer the application to the Design Review Board for approval, approval with conditions, or denial.
      (4)   The Design Review Board shall meet at its regularly scheduled and advertised meeting and shall consider the application. The Design Review Board shall make every effort to render a decision during its meeting. However, depending of the nature of the application, the Design Review Board may delay such decision in order to more fully investigate the aspects of the application and/or consider additional information. In such cases, the Design Review Board shall render a decision within fourteen working days from the time it convened during the first meeting to review the application.
   (b)   Application Process. The application for a development and/or changes in the Overlay District shall be made by the property owner or his/her authorized agent and shall be processed as follows:
      (1)   A pre-application meeting shall take place at the Urbana Municipal Building between the applicant the Building/Zoning Inspector and the chairman of the Design Review Board in order to discuss the proposed project, the applicable design guidelines, the necessary documents to be submitted with the application, application review procedures, the schedule for Design Review Board meeting, and application fees. The purpose of the pre-application meeting is to assist the property owner in understanding what is expected, and in facilitating the preparation of the application. The applicant shall bring information and documentation to adequately describe the location of the property, the nature, scope, and extend of the proposed changes, time schedule, and any other information which will assist in determining if a review is required and what documentation should be submitted with the application.
      (2)   Following the pre-application meeting, all applicants who wish to proceed shall formally apply to the City's Building/Zoning Inspector for application review by the Design Review Board and for a Certificate of Appropriateness by submitting the required number of copies of the Site Development Plan which shall include the requirements for such plans set forth in Section 1112.13(e) of these regulations.
   (c)   Application Review. Following the submission of the required application and Site Development Plan, the Building/Zoning Inspector shall, within fourteen working days, place the application on the Design Review Board agenda for its consideration.
   (d)   Site Development Plan. A Site Development Plan as used herein, shall mean a plan for the development and/or redevelopment of a specified parcel or tract of real estate in the Overlay District.
   (e)   Site Development Plan Submittal Requirements. The applicant for a project within the overlay district shall submit to the City's Building/Zoning Inspector three (3) sets of copies of all required review material for the proposed project. The following information, where applicable, shall be required to be submitted with the Site Development Plan:
      (1)   Completed application form.
      (2)   Written description of project and work involved, the existing and proposed land use.
      (3)   A site plan at an appropriate scale showing the existing conditions and the proposed changes and development with respect to: building(s) in the subject property, driveway, parking area, vehicular circulation, accessory structures, fences, decks, patios, pedestrian access and sidewalks, existing signs, existing landscaping and screening, lighting, and other features and including the gross area of the existing building square feet, and number of units in the case of residential development.
      (4)   Front, side, rear elevations at no less than 1/4" = 1'0" showing height of the building, roof elevation, identification of any proposed alterations to the facade of the existing building, including the location of any accessible ramps, emergency egress and mechanical apparatus; exterior appearances and coordination of character, including exterior materials to be used including walls, glass, railings, detailing, proposed color scheme, foundation and finish grade lines at the building.
      (5)   Building floor plans at no less than 1/4" = 1'0" scale showing doors windows, exterior decks and porches, and other proposed elements.
      (6)   A landscape plan for both, private site area and right-of-way, showing the location, type, and quantities of landscaping and screening of the development including trees, flowers, shrubs and grass, and open space.
      (7)   Proposed signs, including location, dimensions, size and character.
      (8)   A context drawing showing adjacent structures in a diagram or in photographs, on each side of the subject property, including the subject property.
      (9)   A schedule for construction and for the completion of the development, including all public and private improvements in the development area.
      (10)   Any other information, plans or studies as required by the Design Review Board and City's Building/Zoning Inspector, as may be deemed necessary during the pre-application meeting, Section 1112.13(b)(1).
         (Ord. 4084. Passed 4-13-99.)

1112.14 REVISIONS OF FINAL SITE DEVELOPMENT PLAN AFTER APPROVAL.

    No changes, erasures, modifications or revisions shall be made to any Site Development Plan after final approval has been given and a certificate of appropriateness has been issued unless said changes, erasures, modifications or revisions are first submitted to and approved by the Design Review Board.
(Ord. 4084. Passed 4-13-99.)

1113.01 PROCEDURE FOR AMENDMENT OR DISTRICT CHANGES.

   This Part and the Official Zoning Map may be amended utilizing the procedures specified in this chapter.

1113.02 GENERAL PROVISIONS.

   Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance after receipt of a recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

1113.03 INITIATION OF ZONING TEXT AND ZONING MAP AMENDMENTS.

   Amendments to the text of this Part may be initiated in one of the following ways:
   (a)   By adoption of a motion by the Planning Commission;
   (b)   By adoption of a resolution by Council for a referral to Planning Commission;
   (c)   By the filing of an application to the Zoning Inspector, pursuant to Section 1113.05 . Transmittal to Planning Commission, by at least one owner or lessee of property within the area proposed to be changed or affected by such amendment.

1113.04 CONTENTS OF APPLICATIONS FOR ZONING MAP AMENDMENTS.

   Applications for amendments to the Official Zoning Map shall contain at least the following information:
   (a)   Name, address and phone number of applicant;
   (b)   Present use;
   (c)   Present zoning district;
   (d)   Proposed use;
   (e)   Proposed zoning districts;
   (f)   A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning and such other items as the Zoning Inspector may require;
   (g)   A list of all property owners and their mailing addresses who are within, contiguous to or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned; and
   (h)   A fee as established by the Board of Control.

1113.05 TRANSMITTAL TO PLANNING COMMISSION.

   Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, the resolution or application shall be transmitted to the Planning Commission.

1113.06 SUBMISSION TO DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION.

   Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director. The Commission may proceed as required by law, however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director. If the Director notifies the City that he shall proceed to acquire the land needed, then the City shall refuse to approve the rezoning. If the Director notifies the City that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director and the property owner, Council shall proceed as required by law.

1113.07 RECOMMENDATION BY PLANNING COMMISSION.

   Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied.

1113.08 STANDARDS FOR ZONING MAP AMENDMENTS.

   All recommendations by Planning Commission for Official Zoning Map amendments shall be consistent with the City's adopted plans, goals, and policies, and the following:
   (a)   Prior to making a recommendation to City Council on a proposed rezoning, the Planning Commission shall consider whether the following conditions exist:
      (1)   There has been a change in demand for land which alters the information upon which the Official Zoning Map is based.
      (2)   A study indicates that there has been an increase in the demand for land in the requested zoning district, and as a result, the supply of land within the City mapped as such on the Zoning Map, is inadequate to meet the demands for such development.
      (3)   Proposed uses cannot be accommodated by sites already zoned in the City due to lack of transportation or utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.
      (4)   There is an error in the text of this Part or the Official Zoning Map as enacted.
   (b)   No residentially zoned district shall be recommended by Planning Commission to be rezoned to a non-residential district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification.
   (c)   In addition to the findings required to be made by subsection (b), findings shall be made by the Planning Commission on each of the following matters based on the evidence presented.
      (1)   The extent to which the proposed amendment and proposed use are in compliance with and deviate from adopted plans, goals and policies.
      (2)   The suitability of the property in question for the uses permitted under the proposed zoning.
      (3)   The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed use.
      (4)   The effect of the proposed rezoning on surrounding uses.
      (5)   The effect of the proposed rezoning on the economic viability of existing developed and vacant land within the City.

1113.09 PUBLIC HEARING BY COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. The hearing shall be not more than sixty (60) days from the receipt of the recommendation from the Planning Commission.

1113.10 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Notice of the public hearing required in Section 1113.09 by Council shall be by at least one publication in one or more newspapers of general circulation in the City. The notice shall be published at least ten (10) days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

1113.11 NOTICE TO PROPERTY OWNERS BY COUNCIL.

   If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least ten (10) days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from the area proposed to be rezoned or redistricted to the address of the owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council. If the proposed amendment intends to rezone or redistrict more than ten parcels of land, notice of the hearing shall be provided only by newspaper as indicated in Section 1113.10. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1113.10.

1113.12 ACTION BY COUNCIL.

   The following shall occur as action by Council:
   (a)   Within thirty days after the public hearing required by Section 1113.09 , Council shall, subject to Section 2.09 of the Charter, either adopt or deny the recommendation of the Planning Commission or adopt some modification of it, except in cases where subsection (b) hereof applies.
   (b)   Should Council determine that there is information or questions not considered by the Commission, it may return the issue to the Commission for reconsideration. The Commission shall meet and issue a recommendation to Council within thirty days of the return date. Within thirty days after Council receives the Commission's reconsidered recommendation, Council shall adopt, deny or modify the recommendation as provided in subsection (a) hereof. This return for reconsideration may be done one time only on a zoning amendment issue.

1113.13 EFFECTIVE DATE AND REFERENDUM.

   The amendment adopted by Council shall become effective thirty days after the date of the adoption unless within thirty days after the passage of the ordinance, there is presented to the City Clerk a petition, signed by a number of qualified voters residing in the City equal to not less than ten percent (10%) of the total vote cast in the area at the last preceding general election at which a governor was elected, requesting Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.
   No amendment for which the referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

1113.14 ANNEXATION.

   All land annexed to the City subsequent to the adoption of this Part shall remain subject to the previous township zoning district until such time as the Official Zoning Map is amended according to the provisions of Sections 1113.01 to 1113.13, District Changes and Regulation Amendments.

1117.01 INTENT.

   Within the districts established by this Part or any amendment that may later be adopted, there exists lots, uses of land, structures and uses of structures and land in combination which were lawful before this Part was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Part or future amendments. It is the intent of this Part to permit these non-conformities to continue until they are removed. It is further the intent of this Part that non-conformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district.

1117.02 AVOIDANCE OF UNDUE HARDSHIP.

   To avoid undue hardship, nothing in this Part shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Part and upon which actual building construction had been carried on diligently. Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently.

1117.03 SINGLE NON-CONFORMING LOTS OF RECORD.

   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this section notwithstanding limitations imposed by other provisions of this section. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both, that are generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width or both, of the lot conform to the regulations for the district in which such lot is located. Variances of requirements listed in Chapters 1120 through 1126 , other than lot area or lot width, shall be obtained only through action of the Building and Zoning Appeals Board as provided in Sections 1105.33 to 1105.39 . Also, in any district in which single-family dwellings are permitted, lots of record combined that included an existing single-family dwelling and another existing principal use at the time of their most recent combination may be separated only through action of the Building and Zoning Appeals Board into the configuration at the time of their most recent combination. This provision shall apply even though the lots fail to meet the requirements for area or width or both, that are generally applicable in the district. This is not intended to authorize the sale of land described as prohibited in Section 1117.04 .
(Ord. 4387. Passed 10-23-12.)

1117.04 NON-CONFORMING LOTS OF RECORD IN COMBINATION.

   If two or more lots or a combination of lots and portions of lots with continuous frontage in a single ownership are of record at the time of passage or amendment of this Part and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Code and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.

1117.05 NON-CONFORMING USES OF LAND.

   Where, at the time of adoption of this Part, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided:
   (a)   No such non-conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Part.
   (b)   No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of adoption or amendment of this Part.
   (c)   If any such non-conforming uses of land are discontinued or abandoned for more than one (1) year except when government action impedes access to the premises, any subsequent use of such land shall conform to the regulations specified by this Part for the district in which the land is located.
   (d)   No additional structure not conforming to the requirements of this Part shall be erected in connection with such non-conforming use of land.

1117.06 NON-CONFORMING STRUCTURES.

   Where a lawful structure exists at the effective date of adoption or amendment of this Part that could not be built under the terms of this Part by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (a)   No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion may be altered to decrease its non-conformity;
   (b)   Should the non-conforming structure or a non-conforming portion of structure be damaged by more than 50% of its fair market value by fire or an act of God, it may, only after approval by the Building and Zoning Appeals Board be reconstructed as it previously existed. All remaining debris shall be cleared away and disposed of properly within two months of the time of destruction. If the structure is damaged 50% or less of the fair market value, the non-conforming structure may be restored on the same footprint, provided such restoration shall begin within six months from the time of damage.
   (c)   Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

1117.07 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.

   If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Part that would not be allowed in the district under the terms of this Part, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (a)   No existing structure devoted to a use not permitted by this Part in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
   (b)   Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this Part, but no such use shall be extended to occupy any land outside the building;
   (c)   If no structural alterations are made, any non-conforming use of a structure or structure and land, may, upon appeal to the Building and Zoning Appeals Board, be changed to another non-conforming use provided that the Building and Zoning Appeals Board finds that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting the change, the Building and Zoning Board may require appropriate conditions and safeguards in accord with other provisions of this Part;
   (d)   Any structure, or structures and land in combination, in or on which a non- conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed;
   (e)   When a non-conforming use of a structure, or structure and land in combination is discontinued or abandoned for more than one (1) year, except when government action impedes access to the premises, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located;
   (f)   Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

1117.08 REPAIRS AND MAINTENANCE.

   On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became non- conforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the officials.

1117.09 USES UNDER CONDITIONAL USE PROVISIONS NOT NON- CONFORMING USES.

   Any use which is permitted as a conditional use in a district shall not be deemed a non- conforming use in such district, but shall without further action be considered a conforming use.