Waite Hill City Zoning Code
TITLE FIVE
Zoning Districts and Use Regulations
1139.01 ESTABLISHMENT OF DISTRICTS.
In order to carry out the purpose of this Code, the Village is hereby divided into the following districts, all of which are designated on the Official Zoning Map by symbols and boundaries. The districts shall be known as:
Districts | Symbol |
Residential Districts | |
Single-Family Residence District | R-3 |
Single-Family Residence District | R-10 |
Building Zone Development District | BZ |
Other District | |
Open Space Natural Area Preservation District | OS |
(Ord. 2011-14. Passed 4-9-12.)
1139.03 OFFICIAL ZONING MAP.
(a) The boundaries of the districts are shown upon the map designated as the Official Zoning Map. The Official Zoning Map, which is signed by the Planning and Zoning Commission of Waite Hill, Ohio, and all of the notations, references and other information shown thereon, are a part of this Code and have the same force and effect as if the Official Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which is properly attested to and is on file with the Zoning Administrator.
(b) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code.
(c) In the event that the Map becomes damaged, destroyed or lost, Council may by Ordinance adopt a new, Official Zoning Map, which shall supersede the prior Map. The new Map may correct drafting or other errors or omissions in the prior Map.
(Ord. 2011-14. Passed 4-9-12.)
1139.05 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:
(a) Where the designation of a boundary line on the zoning map coincides with the location of a street, the centerline of such street shall be construed to be the boundary of such district;
(b) Where the district boundaries do not coincide with the location of streets, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district;
(c) Where the district boundaries do not coincide with the location of streets or lot lines, the district boundaries shall be determined by the use of the scale shown on the Official Zoning Map described in sub-section 1139.03;
(d) All streets, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, public ways, waterways and railroad rights-of-way;
(e) Where the centerline of a street, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline;
(f) Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the each side of such public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended; and,
(g) All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Planning and Zoning Commission according to the rules and regulations that it may adopt.
(Ord. 2011-14. Passed 4-9-12.)
1141.01 INTENT.
Single-Family Residence Districts (R-3 and R-10) and their regulations are established in order to achieve, among others, the following purposes:
(a) To preserve and protect the scenic beauty, the ecology and rural character of the Village for the benefit of its citizens and those of surrounding communities by essentially restricting development to low density housing.
(b) To regulate the bulk and location of dwellings, accessory buildings, and other structures on each lot;
(c) To protect the desirable characteristics and promote the stability of existing residential development;
(d) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of Waite Hill;
(e) To protect and preserve the value, appearance and use of property through the preservation of historic character consistent with the development of the Village;
(f) To protect and provide adequate open spaces and to insure adequate ground areas from which to obtain adequate water supply and for the safe and healthful disposal of waste; and,
(g) To maintain a living unit density consistent with Village tradition.
(Ord. 2011-14. Passed 4-9-12.)
1141.03 USE REGULATIONS.
(a) Uses Permitted By Right. A use listed in Schedule 1141.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Zoning Code have been met;
(b) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1141.03, when denoted by the letter "A," shall be permitted provided that the requirements of all other Village ordinances and this Zoning Code have been met.
(c) Compliance with Standards. Although a use may be indicated as a permitted principal or accessory use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question.
(d) Use Not Listed in Schedule. Any use not specifically listed as a permitted principal use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1131.
Permitted Uses(f) | ||||
R-3 | R-10 | |||
Single-Family Residence District | Single-Family Residence District | |||
(1)Residential | ||||
A. One-family dwelling, detached | P | P | ||
P | P | |||
(2) Community Facilities/Institutions | ||||
A. Civic center | P | P | ||
B. Library | P | P | ||
C. Places of worship/church | P | P | ||
D. Public safety facility | P | P | ||
E. Public service facility | P | P | ||
Schedule 1141.03 Permitted Uses(f) | ||||
R-3 | R-10 | |||
Single-Family Residence District | Single-Family Residence District | |||
(3) Other | ||||
A. Agriculture (b) | P | |||
B. Cemetery(g) | P | |||
C. Nurseries | P | |||
(4) Accessory Uses | ||||
A. Detached accessory buildings, including garages, barns and stables, coops, and sheds(a) | A | A | ||
B. Fences, walls(a) | A | A | ||
C. Greenhouse(a) (c) | A | A | ||
D. Home occupation(a) | A | A | ||
E. Kennel(d) (a) | A | A | ||
F. Other accessory structures(a) (e) | A | A | ||
G. Private recreational facilities such as, but not limited to tennis courts, stables(a) | A | A | ||
H. Private swimming pools(a) | A | A | ||
I. Raising of fruit and garden crops(c) | A | A | ||
J. Signs | A | A | ||
(b) Such uses shall have a minimum lot area of ten (10) acres. Equipment associated with the agricultural use shall be stored and/or parked in compliance with the required front, side and rear setbacks set forth in Schedule 1141.07. (c) Such crops/greenhouses shall only be for the use of the occupants of the premises. (d) Including only kennels or housing for household pets and/or permitted domesticated animals. (e) Barns, stables, coops, hutches, corrals and other similar structures are permitted pursuant to subsection 1141.15. (f) Other uses mandated by law shall be considered pursuant to the procedures in Chapter 1127, Site Plan Review Procedures. (g) Cemeteries shall have a minimum lot area of ten (10) acres. Grave markers shall not be required to comply with the required setbacks established by this Chapter. P = Use permitted by right; A = Accessory use; Blank cell = Use not permitted in district |
(Ord. 2011-14. Passed 4-9-12.)
1141.05 LOT REQUIREMENTS.
(a) Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Schedule 1141.05
for the district in which the lot is located, except as otherwise regulated in this Code.
(b) Maximum Lot Coverage. The maximum lot coverage shall be as set forth in Schedule 1141.05
for the district in which the lot is located.
Minimum Lot Requirements | ||
R-3 Single-Family Residence District | R-10 Single- Family Residence District | |
(1) Minimum lot area | 3 acres | 10 acres |
(2) Minimum lot width at building setback line (a) | 225 feet | 250 feet |
(3) Maximum lot coverage | 25% | 20% |
(a) On curved streets, the lot width shall be the arc length of the building setback line | ||
(Ord. 2011-14. Passed 4-9-12.)
1141.07 SETBACK REQUIREMENTS.
Dwelling units, including attached decks, patios, and similar structures, shall be located on a lot in a manner that maintains the minimum front, side, and rear setbacks set forth in this Section for the district in which the lot is located, except as otherwise regulated in Chapter 1143, Conservation Development Regulations. The area within each required setback shall remain unobstructed by structures, except as otherwise permitted in this Code.
(b) Front Setback on Through Lots. On a through lot, a front setback shall be provided on each frontage equal to the minimum required front setback as set forth in Schedule 1141.07. There shall be no required rear setback on a through lot.
(c) Side Setbacks. Each interior and through lot shall have and maintain two side sidebacks. Schedule 1141.07 sets forth the minimum width of each side setback.
(d) Rear Setbacks. Each lot shall have and maintain a rear setback as specified in Schedule 1141.07.
(Ord. 2011-14. Passed 4-9-12.)
1141.09 HEIGHT REQUIREMENTS.
All buildings and structures in any residential district shall comply with the following height regulations:
(a) The height of principal buildings and structures shall not exceed 2 and one-half (2.5) stories and forty (40) feet.
(b) The height of accessory buildings and structures shall not exceed forty (40) feet.
(c) During the site plan review process, an applicant may request that the Planning and Zoning Commission and the Architectural Board of Review consider an exception to the height requirement for both principal and accessory buildings and structures. Such an exception shall be not granted unless findings are made that the increased height will not adversely harm adjacent properties and the character of the surrounding area due to the setback of the proposed structure/building, the topography of the applicant's site or surrounding properties, or similar criteria.
(Ord. 2011-14. Passed 4-9-12.)
1141.11 FLOOR AREA REQUIREMENTS.
In order to promote healthful living conditions and to stabilize the value and character of residential areas, one-family dwelling units shall be erected, altered, moved, maintained or occupied only in accordance with the minimum floor area requirements set forth in this Section.
Minimum Floor Area Requirements(b) | ||
R-3 Single-Family Residence District | R-10 Single-Family Residence District | |
(a) Total Minimum Floor Area of the One-Family Dwelling, Detached | 2300 square feet | 2500 square feet |
(b) Minimum Main Floor Area if One-Family Dwelling, Detached is more than one (1) story (a) | 1500 square feet | 1500 square feet |
(a) The "main floor" is that portion of the floor area having direct access to or from the ground area immediately adjacent thereto. It shall also mean the total floor areas where there is no greater difference in elevation than four (4) feet between floors. (b) Floor area, for the purposes of this Schedule, means Floor Area, Net and does not include detached accessory buildings. | ||
(Ord. 2011-14. Passed 4-9-12.)
1141.13 PROJECTIONS INTO REQUIRED SETBACKS.
(a) Structural Projections. A structural projection is a feature of a building that extends outside the enclosing walls as an integral and functional part of the plane, thus providing form and interest to the exterior design, and connections and protection to exterior spaces. Projections shall, however, be designed and constructed so as not to substantially interfere with the reception of sun, light, and air and the use of adjoining lots.
(b) Principal Building Projection Into Required Setbacks. No portion of any building may project into the setbacks established in Schedule 1141.07 above, except for cornices, belt courses, entrance canopies and similar overhanging roofed spaces, chimneys, porticos, bays, and steps that may project not more than three (3) feet into such setbacks.
(Ord. 2011-14. Passed 4-9-12.)
1141.15 ACCESSORY USES AND STRUCTURES.
Accessory uses, buildings, and structures permitted in residential districts and associated with a one-family detached dwelling, shall conform to the location, coverage, area, and maintenance standards contained in this Section and this Code. No accessory building or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Zoning Code. No accessory building shall be used, enlarged, restored or maintained in such a manner as to become the main or principal use, nor shall such use be designated as an accessory use for the purpose of avoiding the intent and purpose of any provision of this Zoning Code.
(a) Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located as set forth in Schedule 1141.15. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Zoning Code.
Schedule 1141.15 Permitted Accessory Structures in Front, Side and Rear Yards | ||||
Use | Yard Permitted | Minimum Setback From Lot Line | ||
Front | Side | Rear | ||
(1) Detached accessory buildings, including garages, barns and stables, coops, and sheds | Rear, Side | NP | 25 feet(a) 50 feet(b) | 50 feet |
(2) Driveways | Front, corner side, side, rear | NA | 10 feet(d) | 10 feet (d) |
(3) Fences, walls | Front, corner side, side, rear | 0 ft. | 0 ft. | 0 ft. |
(4) Private swimming pools (a) | Rear | NP | See also Section 1141.15(f)(c) | |
(5) Other accessory structures such as but not limited to tennis courts, recreational equipment, etc. | Rear | NP | 50 feet | 50 feet |
(6) Outdoor storage of recreation vehicles/equipment. | Rear | See also Section 1141.15(i) | ||
(7) Power Conversion Facilities(e) | Rear | NP | 50 feet | |
(a) Applicable only to the R-3 Single-Family Residence District. (b) Applicable only to the R-10 Single-Family Residence District. (d) During the site plan review process, an applicant may request that the Planning and Zoning Commission consider an exception to the setback requirement for driveways when site conditions, such as topography; existing buildings; existing trees/landscaping; or similar factors, necessitate a lesser driveway setback. (e) Power Conversion Facilities, as defined in Section 1141.15(k), are conditionally permitted if the conditions stated in Section 1141.15(k) are met. NA Not Applicable NP Not Permitted | ||||
(c) Accessory Structures and Buildings. The total of all accessory structures and accessory buildings, excluding corrals and detached garages, shall not exceed one percent (1%) of the lot area.
(d) Detached Garages. Accessory detached garages shall be limited to 200 square feet for each l5,000 square feet of lot area, but not exceeding a total of 1200 square feet; provided, however, that on farms under cultivation with lots of five (5) acres or more, additional farm vehicles and equipment may be housed as may be necessary.
(e) Additional Regulations for Parking Areas. Accessory off-street parking spaces shall be provided in compliance with the parking requirements set forth in Chapter 1151, Off-Street Parking Regulations, which shall be located on the same lot as the dwelling served.
(f) Private Swimming Pools. A private swimming pool, not including farm ponds; retention basins; and lakes, shall be any pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1.5) feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than 100 square feet, shall be allowed in any R-3 or R-10 District, except as an accessory use and unless it complies with the following conditions and requirements:
(1) Private swimming pools shall be located on the same zoning lot with the principle use to which it is an accessory use.
(2) It shall not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than twenty-five (25) feet to any property line of the property and shall be a minimum of ten (10) feet from the principal building;
(3) The pool is intended and is to be used solely by the occupants and guests of the principal use of the property on which it is located;
(4) Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties;
(5) Whenever light is used to illuminate such pool, such lights shall be installed and shielded in such a manner as to direct light onto the pool only and not to reflect light onto any abutting residential property.
(6) The swimming pool shall comply with the locational and coverage requirements set forth in this Chapter.
(7) The construction and operation of a pool shall meet all other applicable Village regulations.
(8) Above-ground swimming pools will only be permitted in such circumstances that the sides of the pool will not be visible from neighboring properties or any public or private right of way.
(g) Fences and Walls. The purpose of this subsection is to affirm the Village policy encouraging the preservation and conservation of open space and to establish regulations controlling the location, installation, maintenance and standards for fences in order that a property owner may construct and maintain a fence which secures privacy, offers attractive landscape design and/or affords security while assuring that such fences are located and constructed so as to respect the rights and enjoyment of neighboring property owners, preserving the integrity of scenic zones, maintaining the appearance of the community, and securing the overall health, safety and public welfare of the residents of the Village.
(1) Scope. This subsection 1141.15(g) sets forth regulations pertaining to the location, installation, maintenance and standards for new fences in all residential zoning districts in the Village.
A. Any fence erected prior to the date of the adoption of this subsection 1141.15(g) which does not comply with these regulations shall be nonconforming. However, such nonconformance shall not cause an order for removal. The Village may order immediate remedial measures to alleviate or prevent any hazardous conditions when the Planning and Zoning Commission determines that such conditions, whether conforming or nonconforming, jeopardize the health and safety of residents, occupants, wildlife or domestic animals.
B. Trellises, living fences, hedges and other living materials shall not be deemed to constitute fences within the meaning of this subsection 1141.15(g).
C. All fences shall require review and approval in accordance with Chapter 1127, Site Plan Review Procedures.
A. "Fence" means any structure composed of wood, iron, steel, masonry, stone or any other materials which are erected in such a manner and in such a location so as to in whole or in part enclose, secure, provide privacy, decorate, define the scope or limits of, or otherwise enhance all or an identifiable part of any premises.
B. "Fence open area" means the percentage of the surface area of a fence which permits passage of light and air. In computing the "fence open area" gates and/or gate opening areas shall not be considered. No area higher than the highest horizontal fence part nor lower than the lowest horizontal fence part shall be considered as contributing to or constituting a part of the surface area of a fence when computing the "fence open area" required by this Chapter.
C. "Surface area" means the area between the highest horizontal fence part and the lowest horizontal fence part, excluding gates and/or gate opening areas.
D. "Ornamental fence" means a fence constructed for its beauty or decorative effect and when viewed at a right angle, has not less than seventy-five percent (75%) of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its plane, as "fence open area." Ornamental fences include:
(i) "Rail and post" or "split-rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts; and,
(ii) Wrought iron fences, decorative steel fences, and aluminum fences.
(3) Nonconforming Fences; Plot Plan.
A. Site plan review shall not be required of a person repairing, replacing or otherwise altering a conforming or nonconforming fence, provided however, that if a nonconforming fence is in such condition that more than one-half of such nonconforming fence is to be repaired, replaced or otherwise altered, site plan review shall be required in accordance with Chapter 1127, Site Plan Review Procedures.
B. In lieu of the submission requirements in Section 1127.17 (c), the application shall be accompanied by a plot plan, unless waived by the Zoning Administrator, drawn to scale of not less than one inch to one hundred (100) feet showing the following:
i. Location of all structures upon the premises;
ii. The location of the proposed fence;
iii. All property lines of the subject premises on which a fence is proposed to be constructed, erected, altered or rebuilt;
iv. The public street, road, highway, lane or private right of way which such premises abut;
v. Plans and specifications of the proposed fence;
vi. Material to be used in the proposed fence;
vii. Height of the proposed fence from established grade;
viii. A computation of the "fence open area" of the proposed fence; and,
ix. A proposed scheduled completion date.
(4) Fences Permitted.
A. Visible from a Neighboring Residence or from a Public or Shared Right of Way. Fences which are visible from any neighboring residence or from a public or shared right of way are permitted only when they are:
i. "Split rail" or "rail and post" fences which do not exceed four (4) feet in height above established grade which contain seventy-five percent (75%) or greater "fence open area," are constructed of natural wood which is either untreated or treated in a natural wood finish, and whose vertical posts are separated by not less than four feet in distance from one another; or,
ii. "Decorative entry features" constructed of authentic stucco on masonry, stone, or brick, which do not exceed six (6) feet in height above established grade and twenty (20) feet in length at corners and entrances for aesthetic reasons; or,
iii. Ornamental fences which do not exceed four (4) feet in height and whose vertical posts are separated by not less than four (4) feet in distance from one another; or,
iv. Fences of construction and/or materials not expressly prohibited by this subsection 1141.15(g) and which the Village Architectural Board of Review shall expressly determine to be harmonious and compatible with those objectives expressed in Section 7.34 of the Village Charter, which section is incorporated by reference into this section as if fully rewritten herein, and this subsection 1151.15(g). Harmonious and compatible fencing materials may include finished wood, iron, metal, or synthetic look-alike products provided such are approved by the Village Architectural Board of Review as provided for in this subsection 1141.15(g).
B. Not Visible from any Neighboring Residence or From a Public or Shared Right of Way. Fences are permitted in areas not visible from any neighboring residence or from a public or shared right of way if they are:
i. Fences authorized in subsection A. hereof; or,
ii. Fences of any materials or construction other than chain link, barbed wire, or stockade which are no higher than six (6) feet above established grade.
C. Chain Link Enclosures for Tennis Courts or other Similar Recreation Areas, Swimming Pools, or Pet Runs. Metal chain link fences are permitted if they have seventy-five percent (75%) or greater "fence open area" and if they:
i. Do not exceed ten (10) feet in height and enclose a tennis court or other similar recreational area; or
ii. Do not exceed five (5) feet in height and enclose a swimming pool; or
iii. Do not exceed six (6) feet in height and enclose a pet run.
A landscape plan to screen such enclosures may be required when the plot plan is reviewed in accordance with Chapter 1127, Site Plan Review Procedures.
D. The provisions of subsections A. and B. hereof shall not apply to fence enclosures authorized by this subsection C.
(5) Fences Materials.
A. No person shall construct or maintain a stockade or barbed wire fence within the Village.
B. Unless permitted by subsection 1141.15(g)(4)C, no person shall construct or maintain a chain link fence within the Village.
(6) Temporary Fences. The provisions of this subsection shall not apply to any temporary fence enclosing a permitted construction site or any temporary snow fence erected to prevent the drifting of snow provided that such temporary snow fence is erected not earlier than October 15 and is removed not later than April 15.
(7) General Conditions.
A. All fences shall be maintained in good repair and condition by the owner and/or occupant, and shall be structurally sound and attractively finished at all times. Any ground between the fence and property line shall be well maintained.
B. All fences shall be designed, constructed and finished so that the supporting members of such fence face the property of the owner of the fence.
C. No mesh wire fence shall be constructed unless the unfinished and sharp edges on the fence are pointing toward the ground. The top edges of all metal fences constructed, erected or maintained shall be of smooth finish with no protruding sharp edges.
D. In order for a fence to be constructed adjacent to, or in proximity with a property line, the property owner proposing the fence shall construct the fence so that it can be easily dismantled from its owner's side for the purpose of maintaining it entirely within the owner's property.
E. At all street intersections, the intersection of private driveways and public rights of way, and the intersections of two (2) driveways, and ten (10) feet in any direction therefrom, there shall be no fence or dense vegetation, which in the judgment of the Chief of Police, may impede the clear vision between vehicles and pedestrians at such intersections.
(8) Inspection; Appeal to Board of Zoning Appeals.
A. Inspection. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Village, and that such fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with the plan submitted for site plan review, provided however, that the issuance of the zoning certificate by the Village shall not be construed to mean that the Village has determined that the fence is not encroaching upon another lot, nor shall it relieve the property owner of any duty imposed upon him by this or any other ordinance, code and/or the general laws of the State of Ohio.
B. Appeals to Board of Zoning Appeals. Any party adversely affected, including the Village, may take a written appeal to the Board of Zoning Appeals in accordance with Chapter 1133, Appeals and Variances. The Board of Zoning Appeals may permit variances from these regulations in cases where exceptional physical conditions exist, or the established regulations or standards of this section are inappropriate or inapplicable, and the requested variances will not adversely affect the purposes of this subsection 1141.15(g).
(h) Additional Regulations for Vehicles.
(1) The repainting, rebuilding, overhauling, or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited on a residential lot.
(2) The overnight parking or the outdoor storage of commercial motor vehicles, as defined in Section 341.01, is prohibited.
(3) The parking or storing of vehicles shall not be permitted in the established lawn areas of residential lots, except as otherwise permitted in this Code.
(i) Outdoor Storage of Recreation Vehicles/Equipment. The outside storage and parking of recreational vehicle/equipment shall be permitted as an accessory use subject to the following conditions and limitations:
(1) They shall not be connected to electricity, water, gas, or sanitary sewer facilities, and at no time shall this vehicle/equipment be used for living or housekeeping purposes.
(2) If the recreational vehicle/equipment is parked or stored outside, it shall be parked in the rear yard; and it shall not be stored in any side setback. Such recreational vehicle/equipment shall be screened from adjacent property and the public right-of-way in accordance with subsection 1141.15 (g)(7)C.
(3) Notwithstanding the provisions of this subsection, recreational vehicle/equipment may be parked anywhere on the premises for loading or unloading purposes, for a period of not more than 48 hours.
(4) The area surrounding the parked or stored recreational vehicle/equipment shall be maintained pursuant to all applicable Village ordinances, codes, standards, and regulations.
(5) All recreational vehicle/equipment shall be kept operable and in good repair and carry a current year's license or registration.
(6) The impervious area used for the outside storage and parking of recreational vehicle/equipment shall be included in the computation of the maximum lot coverage.
(j) Home Occupation. The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the non-residential use of a residential dwelling unit so that the non-residential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residence district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
Home occupations shall be a permitted accessory use when conducted in compliance with the following standards. When not in compliance with the following standards, such home occupation shall be declared a nuisance pursuant to the Codified Ordinances of the Village of Waite Hill.
(1) Home occupations shall be clearly incidental and secondary in importance to the use of the dwelling for residential purposes.
(2) No more than one (1) person other than members of the family residing on the premises shall be engaged in such home occupation;
(3) The occupation shall be conducted wholly within a principal or accessory building, and the space used for the home occupation shall not occupy more than twenty-five percent (25%) of the net floor area of all buildings on the zoning lot.
(4) No home occupation shall be carried on that will substantially change the residential character of the dwelling or the accessory building.
(5) All storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside the principal or accessory building.
(6) The number of automobiles or trucks attracted to the premise shall not be greater than that which is normally associated with residential uses.
(7) The noise, fumes, and vibrations generated by a home occupation shall not be greater than the expected levels or amounts typical of a residential area, and such noise level, fumes or vibrations shall not create a nuisance in the neighborhood.
(8) No wholesale, jobbing, or retail business shall be permitted unless it is conducted entirely by mail, telephone, or electronically and does not involve the receipt, delivery, sale or storage of merchandise on or from the premises.
(k) Power Conversion Facilities. "Power Conversion Facilities" means equipment that is designed for the conversion of wind, solar, or other natural energy, or storage of same, and is permitted as an accessory use to the residential use of property, subject to the regulations set forth in this section.
(1) No Power Conversion Facility shall be visible from any neighboring property or from any public right of way, except as otherwise provided by this chapter, nor shall a Power Conversion Facility compromise the design or aesthetic appearance of a residence, as determined by the Architectural Board of Review.
(2) Solar Energy Systems: A Solar Energy System consists of photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air or for some other permitted use; and may include battery storage systems on the property meeting requirements of Section 1141.15(k). Solar Energy Systems are a conditionally permitted accessory use, provided that the following standards and conditions are met:
A. Subject to the review and approval of the Planning and Zoning Commission solar panels shall be placed on the portion of the roof of any residential or accessory building so that the panel or panels:
i. Are not visible from any street or sidewalk at the front of the property or from any neighboring residence;
ii. Do not extend beyond the edge of the roof;
iii. Are placed parallel to the plane of a pitched roof (sloped in excess of four inches (4") per foot) and are not more than eighteen inches (18") above the surface of the roof when measured to the top of the solar panel; and
iv. To provide proper system performance for low slope (pitches less than four inches (4") per foot) and flat roofs, and then alternative heights and configurations may be considered to exceed minimum height above the roof as approved by the Planning Commission.
B. Solar panels may only be considered in roof locations that are not in compliance with subsection (k)(1) above, or not in a rear yard, when the applicant has demonstrated to the satisfaction of the Planning and Zoning Commission that:
i. There are no alternative locations in compliance with subsection (k)(1);
ii. The proposed panels and their location(s) are designed to minimize any adverse impacts to the neighborhood; and
iii. The size and location of any structure is the minimum necessary to serve the needs of the building(s) on the property.
C. Solar equipment (other than the panels) shall be placed only inside a building or in the rear yard.
D. Any ground mounted solar panel systems or related equipment being proposed shall:
i. Only be located in a rear yard and no less than fifty feet (50') from any side or rear yard lot line;
ii. Not exceed a height that is necessary, as determined by the Planning and Zoning Commission, to perform the intended function while permitting reasonable maintenance of both the solar panels and equipment and the ground on which they are located;
iii. Comprise only the minimum area needed to provide the energy necessary to serve the property but in no case have a maximum area greater than one thousand (1,000) square feet when measured using a horizontal plane around the perimeter of the system and such area shall not be in addition to that allowed for in the maximum area allowances for accessory buildings and structures as otherwise regulated in each zoning district; and
iv. Be reasonably screened from view of an adjacent property or a street, as determined by the Planning and Zoning Commission, by existing or proposed landscaping and/or fencing. Existing and proposed screening shall be shown on the plans submitted with the application.
E. Solar panels and related equipment shall be located, oriented, or screened and constructed of such material as to prevent, to the fullest extent practicable, glare from solar panels being directed at any other person, building or public right of way.
F. An application for a Solar Energy System to be reviewed by the Lake County Building Department, the fire authority having jurisdiction over the Village, and the Planning and Zoning Commission and shall include:
i. Complete architectural and engineering drawings, adequately scaled and dimensioned, depicting the location, installation, mounting, anchorage details, appearance on the building and details for wiring and connections, and battery storage system as noted in subsection (k)(2)F.iii. below for the proposed system;
ii. The manufacturer's specifications for the system being proposed;
iii. Where Battery Storage Systems are proposed for Solar Energy Systems, they shall include, without limitation:
a. A list of equipment.
b. A site plan, showing the location of the Battery Storage System.
c. A plan for ventilation.
d. A plan for fire containment.
e. The location for supporting structures for batteries and equipment.
f. A full plan of the electrical system, including device locations and wiring plan(s).
iv. A description and plan of the trees and/or other vegetation that need to be trimmed or removed from the site for evaluating the removal of such vegetation; and
v. Verification that the installer has professional training, NABCEP certification and licensure as required for work requiring such, by state or federal law.
G. When locating a solar panel, it is the property owner's responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy conversion system from obtaining a solar access easement from any person.
H. All solar energy systems must be reviewed and approved by the Lake County Building Department, the fire authority having jurisdiction over the Village, and the Planning and Zoning Commission prior to the issuance of a permit to install the system.
(3) These regulations do not apply to geothermal energy conversion facilities, which convert geothermal energy into energy that is usable for residential use, which are permitted if they cannot be observed from any neighboring property or public right of way.
(4) These regulations do not apply to facilities that generate electrical energy from the use of natural gas, propane, or similar energy sources, which facilities are permitted and subject to approval of the Planning and Zoning Commission as to location and screening of such facilities to minimize any negative impacts on neighboring residences.
(Ord. 2022-10. Passed 9-12-22.)
1141.17 DESIGN CRITERIA FOR ONE FAMILY DWELLINGS.
(a) The purpose of the following design criteria is to further the goals of the Village including:
(1) The promotion and protection of the public health, convenience, comfort, prosperity and general welfare by regulating the exterior design of buildings and structures to assure orderly and reasonably harmonious development;
(2) The protection and preservation of property values when buildings are constructed or altered to prevent the impairment or destruction of real estate values;
(3) The regulation, according to accepted and recognized architectural principles, of the design and use of materials on all principal and accessory buildings to be created, moved, altered, remodeled or repaired;
(4) The construction of high-quality buildings in terms of the design and materials selected given the architectural style of the building; and,
(5) The prevention of the harmful effects of excessively similar, dissimilar, or inappropriate exterior design of buildings or structures in relation to the exterior design of buildings prevailing in the Village.
(b) The provisions of this Section shall apply to all residential development including principal and accessory buildings. Any addition, remodeling, relocation, or construction requiring review shall adhere to the guidelines in this Section, where applicable. The Architectural Board of Review may exempt applicants from these standards when the exterior building modifications are minor in nature, meaning the design modifications will have no discernable impact on neighboring properties, the public, the public right-of-way, or those intended to occupy or use the proposed development.
(c) Character of Dwellings. Principal dwellings and accessory building are to be designed and located on the site and be of a scale to complement buildings in close proximity and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. In making this determination, the following shall be considered:
(1) Building height, width, and general proportions;
(2) Architectural features, including patterns of windows and doors, roof pitch, balconies, porches, shutters, dormers, eaves and other decorative detail;
(3) Building materials.
(4) Explanation Of Terms. Certain terms and words shall be interpreted with regard to the following explanations:
A. Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building or buildings and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures, as well.
B. Compatibility. A design or a material selection is compatible when it does not strongly deviate from the buildings on the site, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of the building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors. The Architectural Board of Review need not consider compatibility when the building under review is determined to be so isolated that it has no bearing on adjacent property or the neighborhood.
C. Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.
D. Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its location, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:
i. The visibility of both properties from a common point; or,
ii. The location of both properties within a relatively compact network of streets, walkways, or spaces.
(d) Façade Articulation. The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls should be avoided. All building walls should have relief to create interest and reduce bulk.
(e) Roof Articulation. For sloped roofs, both vertical and horizontal articulation is encouraged. Rooflines should be representative of the design and scale of surrounding dwellings. Roof articulation may be achieved by changes in plane and/or the use of traditional roof forms such as gables, hips, and dormers.
(Ord. 2011-14. Passed 4-9-12.)
1141.19 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES.
In addition to the standards set forth in this Chapter, the uses listed under Community Facilities/Institutions in Schedule 1141.03 shall comply with the following regulations:
(a) Such uses shall have a minimum lot area of ten (10) acres, and the maximum lot coverage shall be as set forth in Schedule 1141.19.
Maximum Lot Coverage Community Facilities/Institutions | ||
Lot Area | R-3 Single-Family Residence District Maximum Lot Coverage | R-10 Single-Family Residence District Maximum Lot Coverage |
(1) 10 Acres | 20% | 20% |
(2) 11-15 Acres | 18% | 18% |
(3) 16-20 Acres | 16% | 16% |
(4) 21-25 Acres | 14% | 14% |
(5) 26-30 Acres | 12% | 12% |
(6) Over 30 Acres | 10% | 10% |
(b) Such uses shall only be located on Eagle and Hobart Roads.
(c) All buildings and structures, including accessory uses, buildings, and structures such as but not limited to parking lots and recreational fields, shall be considered principal buildings and shall conform to the building setback requirements in Schedule 1141.07.
(Ord. 2011-14. Passed 4-9-12.)
1141.21 PLAN REVIEW.
All uses in the R-3 and R-10 Districts shall be permitted only after site plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Site Plan Review Procedures.
(Ord. 2011-14. Passed 4-9-12.)
1143.01 INTENT.
Conservation Development (CD) is a permitted development option in the R-3 and R-10 Districts to encourage and accommodate creative and imaginative Conservation Developments that provide for cluster housing and the preservation of open space in a unified project. In compliance with the following regulations, it is intended that Conservation Developments will utilize innovations in the technology of land development that are in the best interests of the Village. These regulations are designed to achieve, among others, the following objectives:
(a) To allow creativity, variety, and flexibility in design as necessary to implement the goals and objectives set forth in this Chapter.
(b) To promote economical and efficient use of land and public services through unified development, especially in areas with limited road access or irregular shape or which contain significant environmental features.
(c) To preserve, to the greatest extent possible, the existing landscape, natural and open space features, and to utilize such features in a harmonious fashion.
(d) To conserve and maintain the visual openness that characterizes the Village of Waite Hill.
(e) To safeguard natural and scenic vistas within the Village.
(f) To ensure that development is guided by the building zones shown on the Zoning Map.
(g) To permit the flexible spacing of lots and buildings in order to encourage the preservation of the natural features of the site.
(h) To ensure that the proposed Conservation Development occurs in a unified manner in accordance with a site plan prepared by the property owner.
(i) To ensure the development will not degrade or endanger the quality of life presently enjoyed by the existing residents.
(Ord. 2011-14. Passed 4-9-12.)
1143.03 CONFORMITY TO STANDARDS.
Because of the special characteristics related to Conservation Development, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Zoning Code, the provisions set forth in this Chapter shall prevail. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions found elsewhere in this Zoning Code.
(Ord. 2011-14. Passed 4-9-12.)
1143.05 MINIMUM PROJECT AREA.
The gross area of a tract of land proposed for development under Conservation Development regulations shall be a minimum of forty (40) acres in the R-10 District and twenty (20) acres in the R-3 District. The area proposed shall be in one ownership; if in several ownerships, all owners of the properties included in the Conservation Development shall sign and file the application jointly.
(Ord. 2011-14. Passed 4-9-12.)
1143.07 PERMITTED LAND USES.
The dwelling types that are permitted as of right within a Conservation Development are listed in Schedule 1143.07.
(Ord. 2011-14. Passed 4-9-12.)
1143.09 DENSITY.
A Conservation Development shall not exceed the densities as set forth in this Section.
(a) Maximum Density. The gross density of a CD shall not exceed the maximum number of dwelling units per acre as set forth below for the district in which the CD is located:
(1) In the R-3 District, the maximum dwelling units per acre is one (1) dwelling unit per three (3) acres.
(2) In the R-10 District, the maximum dwelling units per acre is one (1) dwelling unit per ten (10) acres.
(b) The maximum number of dwelling units permitted for a particular site shall be calculated by:
(1) Deducting any public right-of-way within the project boundary existing at the time the site plan is submitted; and,
(2) Multiplying the result of subsection (1) by the maximum number of dwelling units set forth in subsection 1143.09 (a).
(Ord. 2011-14. Passed 4-9-12.)
1143.11 OPEN SPACE REQUIREMENTS.
A portion of the area in a Conservation Development shall be devoted to open space.
(a) General Standards. The open space shall comply with the following regulations:
(1) The minimum open space required shall be forty percent (40%) of the entire project area in R-3 District and fifty percent (50%) in the R-10 Districts.
(2) Open space shall be aggregated areas but shall not include the following:
A. Public rights-of-way, private streets, drives, and parking areas;
B. Land fragments between two or more buildings, land fragments between buildings and parking areas, and any other land within fifteen (15) feet of all buildings and structures; and,
C. Required yards or setbacks between project boundaries and buildings or parking areas, unless the required setback is contiguous to and part of a larger area of open space.
(3) To the extent possible, open space areas shall be interconnected within the development and to adjacent parcels, and shall be easily accessible to residents of the Conservation Development.
(4) Open space shall be designed and located to preserve significant natural features and historical elements to the maximum extent possible especially those features shown on the Zoning Map. The following priorities should be considered when determining the land for open space designation:
A. Wetlands, floodplains, lakes and ponds, and other water resources. The site plan should avoid alteration of or construction within natural drainage ways, and shall utilize low impact storm water management techniques such as grassy swales to the extent possible.
i. Wetlands Protection. Wetlands that are required by the Army Corps of Engineers or the Ohio EPA to be retained shall be protected by the following:
I. A setback area having a width not less than thirty-five (35) feet, measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state.
II. A minimum building and pavement setback of fifty (50) feet, measured from the edge of the designated wetland.
B. Woodlands, orchards, prime farmlands, meadows, and other vegetation. The design and layout of the development shall conserve and incorporate these areas to the maximum extent possible, especially those containing significant wildlife habitats.
C. Scenic visual areas with respect to tree lines, unique vegetation, wildlife habitat, and other natural features. To the maximum extent possible, structures shall be located to ensure that scenic views and vistas are unblocked or uninterrupted, particularly as seen from existing and proposed public thoroughfares.
D. Historic structures or buildings. Buildings or structures with significant historic meaning or traditional meaning that pertains to the Village's history, such as barns, mills, etc. shall be preserved to the maximum extent possible.
(5) When approved by the Village, a portion of the open space may be used as retention basins, provided they are designed, arranged and landscaped in a manner consistent with the requirements for open space areas.
(6) The open space established as part of a Conservation Development shall be:
A. Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as open space;
B. Given to a land trust or other conservation organization approved by the Village; or,
C. Offered to the Village for public open space. The Village shall have the right to not accept any land area offered to the Village. In the event of such refusal, the conditions of A. or B. above, shall apply. Any land area that is accepted by the Village for dedication as public open space shall also continue to be counted toward the requirement for open space.
(7) The legal documents relating to the ownership, management, public easements if any, and maintenance of such open space shall be reviewed and approved by the Village's Law Director. The Law Director shall indicate such approval prior to the final site plan being approved by the Planning and Zoning Commission.
(b) Recreation Allowances. With the exception of extremely environmentally sensitive areas, passive recreation shall be permitted in open space for the enjoyment of the residents of the proposed development and/or the public. Active recreation shall be limited to no more than five percent (5%) of the open space. Recreational facilities proposed to be constructed in dedicated open space shall be clearly shown on the site plans.
(c) Prohibition of Further Development of Open Space. The open space, required by Section 1143.11, shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Village's Law Director and duly recorded in the Office of the Recorder of Lake County.
(Ord. 2011-14. Passed 4-9-12.)
1143.13 DEVELOPMENT STANDARDS.
The following specific development standards shall be adhered to in the design and layout of any Conservation Development:
(a) Minimum Setbacks from Project Boundaries and Streets: All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1143.13.
(b) Minimum Separation Between Buildings: In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by the minimum spacing set forth in Schedule 1143.13.
(c) Height Requirements. All principal and accessory building shall comply with the regulations in Section 1141.09, Height Requirements.
(d) Lot Requirements: Dwelling units are not required to be on lots. However, when lots for standard detached one-family dwellings or subdivision lots for cluster one-family detached dwellings are included as part of a Conservation Development, such lots or sub lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements of this Section.
(e) Required Buffer: A buffer area from an existing public street right-of-way and from a perimeter side or rear property line is required and shall be landscaped with an acceptably designed wall, fence, planting screen, or mound, or some combination thereof, to provide adequate landscaping between the proposed development and adjacent areas to assure privacy for existing and future residents.
(f) Utilities: Underground utilities, including telephone and electrical systems, are required within the limits of a Conservation Development. Appurtenances to these systems that can be effectively screened may be exempted from this requirement if the Village finds that such exemption will not violate the intent or character of the proposed Conservation Development.
(g) Sewage Disposal: Sewage disposal systems shall comply with all applicable regulations of the Lake County Health Department and may be located within open space areas when approved by the Village and the Lake County Health Department.
(h) Building Zones.Development should generally occur in the building zones shown on the Zoning Map.
(i) Additional Standards: Additional development requirements, whether standards or criteria, formulated to achieve the objectives of the Conservation Development may be established at the time a Conservation Development site plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the development.
(j) Waivers: In the event the Village, determines that certain standards set forth in this Chapter do not or should not apply specifically to the circumstances of a particular project and an alternative method of achieving the objectives of the numerical standard is equal to or better than the strict application of the specified standard, the Planning and Zoning Commission may relax such standard to the extent deemed just and proper, provided that the granting of such relief shall be without detriment to the health and safety of the community and without detriment to or impairment of the intent of this Chapter. However, if the Planning and Zoning Commission permits the required open space to be located on individual, subdivided lots, a deed restriction or other legal mechanism should be utilized to insure that the required open space remains in the state shown on the approved final site plan.
Development Standards | ||
R-3 | R-10 | |
(a) Minimum Setbacks | ||
(1) Building | ||
Existing street right-of-way | 150 ft. | 200 ft |
Internal street (a) | 30 ft. | 50 ft. |
Setback from project boundary, other than a public street (c) | 50 ft. | 50 ft. |
(2) Parking (b) | ||
Existing street right-of-way | 30 ft. | 30 ft. |
Setback from project boundary, other than a public street (c) | 50 ft. | 50 ft. |
(b) Minimum Spacing Between Buildings | 75 ft. | 75 ft. |
(a) If the internal street is public, the setback is measured from the right-of-way. If it is private, the setback is measured from the edge of the pavement of the street. These distances may be waived on individual streets with less than 10 units. (c) The project boundary line shall include all lot lines that divide the tract of land developed for CD from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Section 1143.05, Minimum Project Area. | ||
(Ord. 2011-14. Passed 4-9-12.)
1143.15 STREET REQUIREMENTS.
Each lot and building envelope within a Conservation Development shall have sufficient access to ensure safe and efficient traffic flow and reasonable ingress and egress for emergency vehicles. To this end, the street requirements for Conservation Developments are as follows:
(a) Private Streets. Private streets may be approved when the Village determines that:
(1) The private street is not planned or expected to be extended to serve property outside the Conservation Development.
(2) Adequate utility easements are provided to the satisfaction of the Village and the utilities.
(3) The design and layout of the private street provides adequate and safe access to the intended units.
(4) A private street with single access shall provide access to no more than fifteen (15) dwelling units.
(b) Required Improvements. All improvements required for a subdivision shall be constructed or provided in accordance with the standards set forth for streets in Section 1105.04.
(Ord. 2011-14. Passed 4-9-12.)
1143.17 HOMEOWNERS ASSOCIATIONS.
Homeowners associations, community associations, or similar legal entities that, pursuant to Section 1143.11(a)(6), are responsible for the maintenance and control of common areas including recreational facilities, open space, private streets, and buffer areas, shall be established in such a manner that complies with Chapter 1153.03, Requirements for Owners Associations.
(Ord. 2011-14. Passed 4-9-12.)
1143.19 PHASED DEVELOPMENT.
If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.
(Ord. 2011-14. Passed 4-9-12.)
1143.21 PROCEDURES.
The Architectural Board of Review and the Planning and Zoning Commission shall review and approve a preliminary site plan for a proposed Conservation Development according to the procedures set forth in Chapter 1127, Site Plan Review Procedures.
(a) Ownership. A Conservation Development shall be an integrated, unified development project and the entire project area shall be in single ownership or joint ownership and/or control at the time the application is made so that all property owners are applicants throughout the site plan review process. Any transfer of land within the development after an application has been filed and/or approved shall not alter the applicability of the regulations contained herein. A site plan approved in accordance with this Chapter shall be binding upon the owners, their successors and assigns and shall limit and control the issuance and validity of all certificates of zoning compliance.
(b) Submission of Preliminary Site Plan. The applicant shall submit a preliminary site plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include the submission requirements in Chapter 1127 as well as the following:
(1) Identification of existing site characteristics, including a general depiction of:
A. Boundaries of the area proposed for development, dimensions and total acreage;
B. Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds, and water courses;
C. Locations of all wooded areas, tree lines, hedgerows, and specimen trees;
D. Delineation of existing drainage patterns on the property, existing wells and well sites;
E. Description of significant existing vegetation by type of species, health, quality, etc.; and,
F. Description of all structures and areas of known or potential historical significance.
(2) The preliminary site plan shall be drawn at a scale not less than 1" = 100', and shall include:
A. A summary of the proposed development including the total acreage, number of residential units, density, and acreage of the open space to be conserved;
B. A preliminary layout of standard one-family detached lots and cluster lots, including the building envelope;
C. The location of the open space and any proposed recreational facilities;
D. Natural features to be conserved and any required buffer areas; and,
E. Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.
(3) An outline of the method/structure to perpetually preserve the required open space which indicates, as applicable:
A. The structure of the association;
B. Membership requirements;
C. Financial responsibilities; and,
D. Any entity having responsibilities related to the preservation of the required open space.
(4) A description of the project phasing, if any, including the phased construction of open space improvements.
(c) Significance of Approved Plan. Approval of the preliminary site plan shall:
(1) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, if any, and street alignments.
(2) Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved preliminary site plan.
(3) Provide the benchmark for the Village to consider and approve amendments to the preliminary site plan when the Village determines that the amended plan is equal to or better than the approved preliminary site plan.
(4) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(d) Final Site Plan. Prior to receiving a Zoning Certificate, the final site plan must be approved by the Planning and Zoning Commission according to the procedures in Chapter 1127, Site Plan Review Procedures. Such final site plan may be approved for a phase of the project, or the final plan may include the entire project.
(1) Submission Requirements. In addition to the requirements in Chapter 1127 the final site plan shall include:
A. A site plan indicating:
i. Dimensions of building spacing including all lots and the maximum parameters, or building envelopes that indicate where buildings and accessory structures such as but not limited to decks and patios will be located, and shall demonstrate that such building location will be in compliance with the spacing requirements of this Chapter; and,
ii. Designated open space areas and a description of proposed open space improvements.
B. Conditions imposed by other regulatory agencies.
(2) Review by the Village's Law Director. The Village's Law Director shall review the Declaration, Articles of Incorporation and Code of Regulations for a Homeowners' Association, and any other final covenants and restrictions and maintenance agreements to be imposed upon the Conservation Development. A written opinion shall be provided to the Planning and Zoning Commission verifying that the submitted documents demonstrate full compliance with the requirements for Owners' Associations in this Chapter and Chapter 1153, General Use Regulations.
(Ord. 2011-14. Passed 4-9-12.)
1143.23 SITE PLAN REVIEW CRITERIA.
In addition to complying with the standards in this Chapter, the Architectural Board of Review and the Planning and Zoning Commission, as applicable, shall only approve a preliminary or final site plan when it is determined to be in compliance with the applicable criteria in Chapter 1127, Site Plan Review Procedures, and the following criteria:
(a) Each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability should remaining phases not be completed or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have beneficial effect which could not be achieved under standard district regulations.
(b) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code and the Zoning Map.
(c) The development will be designed so that the area surrounding said development can be developed in coordination and substantial compatibility with the proposed development.
(d) Maximum possible privacy for adjacent residential properties shall be provided through good design, the use of the building materials, and preservation of natural features and supplemental landscaping according to the requirements set forth in this Zoning Code.
(e) Adequate provisions are made in the final covenants and restrictions to be imposed upon the development relating to the following:
(1) The use and development of accessory buildings and uses associated with individual dwellings.
(2) The maintenance of the land, including any common areas, private streets, and sidewalks.
(f) On-site circulation shall be designed to provide for adequate fire and police protection, and safe and efficient pedestrian and vehicular circulation.
(g) Adequate provision is made for storm drainage and sediment control in compliance with applicable Village provisions.
(h) The proposed development complies with all other applicable provisions of this Zoning Code.
(Ord. 2011-14. Passed 4-9-12.)
1145.01 PURPOSE AND APPLICATION.
(a) Purpose. The Building Zone Development District (BZ) regulations are based on the premise that the ultimate quality of a built environment or development proposal is determined by the way in which such land uses are executed. In many cases, the subdivision regulations and standard zoning district regulations do not adequately regulate the location and density of dwellings that are appropriate in the Village of Waite Hill. The Building Zone Development District permits the formation of unique development standards, including greater residential density than would otherwise be permitted, that are appropriate for a given site in exchange for constructing all buildings in the building zones shown on the Zoning Map.
(1) The purposes of the Building Zone Development District regulations are to:
A. Allow the creation of development standards that respect the unique characteristics, natural quality and beauty of the site and the immediate vicinity and protect the community's natural resources by avoiding development on, and destruction of, sensitive environmental areas.
B. Ensure that the development project is properly integrated into its surroundings and is compatible with adjacent development through appropriate development controls.
C. Establish objective criteria for plan review that ensures conformity to community standards.
(2) The review procedures for Building Zone Development Districts are designed to encourage:
A. Unified development projects that exhibit creative planning and design in ways that cannot be achieved through a standard zoning district or subdivision regulation, yet are consistent with all of the Village's goals and are compatible with contiguous land uses and the intent of this Zoning Code.
B. Imaginative architectural design.
C. Flexibility in building types.
D. Proper relationships between buildings, between developments and between structures and the land.
E. The development of the land in an orderly, coordinated and comprehensive manner consistent with accepted land planning, landscape architecture practices and engineering principles according to approved site plans.
(b) Application. The Building Zone Development District regulations assist in accomplishing these purposes by establishing review steps that combine the request for a zoning district change with the site plan review process, and when applicable, the subdivision process. Subsequent plan review following the zoning district change also requires simultaneous review of subdivision plats.
(1) Each Building Zone Development District shall be considered a separate and unique zoning district wherein a preliminary site plan, including associated text depicting the specific development standards and development commitments, is adopted simultaneously with the adoption of the Building Zone Development District designation. The preliminary site plan shall apply only to the property within that particular Building Zone Development District.
(2) The preliminary site plan adopted at the time of rezoning to the Building Zone Development District shall be prepared in accordance with the provisions of this Chapter and the requirements contained herein.
(c) Ownership. The Building Zone Development District shall be an integrated, unified development project and the entire project area shall be in single ownership or joint ownership and/or control at the time the application is made for the BZ designation so that all property owners are applicants throughout the site plan review process. Any transfer of land within the development after an application has been filed and/or approved shall not alter the applicability of the regulations contained herein. A preliminary site plan approved in accordance with these regulations for a Building Zone Development District shall be binding upon the owners, their successors and assigns and shall limit and control the issuance and validity of all certificates of zoning compliance.
(Ord. 2011-14. Passed 4-9-12.)
1145.03 ESTABLISHMENT OF BUILDING ZONE DEVELOPMENT DISTRICT.
A Building Zone Development District shall be established according to the following:
(a) All rezonings to a Building Zone Development District shall be designated on the Zoning Map as BZD.
(b) A request for rezoning land to a Building Zone Development District designation shall be made according to Chapter 1131, Amendments.
(c) A preliminary site plan shall be reviewed according to the procedures in Chapter 1127, Site Plan Review Procedures, and a preliminary site plan and supporting documentation shall be adopted at the time of rezoning.
(d) A final site plan shall be reviewed and acted upon according to in Chapter 1127, Site Plan Review Procedures.
(e) A preliminary plat may be reviewed simultaneously with a preliminary site plan. A final plat shall be reviewed simultaneously with a final site plan, unless a final plat is not required for completion of the project. All subdivision plats shall be reviewed and approved pursuant to Title One of Part Eleven of the Village's Planning and Zoning Code, except as otherwise provided for in this Chapter.
(Ord. 2011-14. Passed 4-9-12.)
1145.05 GENERAL DEVELOPMENT CRITERIA.
A Building Zone Development shall be designed and depicted on the preliminary site plan and final site plan in accordance with the following General Development Criteria:
(a) Permitted Locations. A Building Zone Development District shall only be considered in areas zoned R-10, Single-family Residence District.
(b) Building Zones. Site construction (with the exception of access drives), in a Building Zone Development District, shall only occur in those areas designated as building zones on the Zoning Map.
(c) Plan Design. The proposed Building Zone Development (BZD) shall be designed in accordance with accepted planning principles, including the planning and development principles included in this Chapter, to ensure that the building location, bulk, layout, arrangement, design, and height; the percentages of lot areas that may be occupied; the setback of buildings; the sizes of yards and other spaces; and the density of population are in compliance with the purposes and objectives of the BZ regulations as set forth in Section 1145.01 (a), Purpose.
(d) Permitted Uses. A BZD shall only include one-family detached dwellings, cluster one-family detached dwelling, and uses accessory thereto.
(e) Maximum Density. The maximum, permitted density shall not exceed one (1) dwelling unit per five (5) acres;
(f) Planning and Development Principles. The proposed BZD shall be designed in accordance with the following planning and development regulations:
(1) Land Use.
A. Buildings within the proposed development shall be located to protect and enhance the character of areas adjacent to the development;
B. Whenever a proposed development includes areas of a higher density than that permitted in adjacent areas, the location and arrangement of dwelling units shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower density areas.
C. Buildings and structures shall be designed and located within the BZD in ways that conserve environmentally sensitive or unique natural, historic, or cultural features, and minimize environmental impacts.
(2) Arrangement of Buildings, Yards and Setbacks.
A. The physical relationship of buildings and other site improvements to one another and the surrounding open space, as created by building size, mass, height, shape, and setback, shall result in a harmonious development within the BZD and adjacent to it.
B. The bulk and height of buildings within the proposed development shall be compatible with the surrounding development and sufficiently buffered from the surrounding development.
C. The setback of all buildings from the perimeter of the total tract or the project boundaries shall be a minimum of fifty (50) feet. This setback area shall be retained and maintained as landscaped open space free of streets, structures, and buildings. Streets shall be permitted to cross this setback area.
(3) Landscaping, Screening and Buffering.
A. The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape or land uses.
B. Privacy for residential buildings shall be maintained through the use of landscaping, screening, and buffering.
C. Appropriate buffer zones with adequate landscaping shall be provided between the proposed development and adjacent areas.
D. Alternative design approaches to meet the intent of the landscape regulations may be incorporated.
(4) Open Space. Adequate open spaces shall be integrated throughout the development. Such open space shall be located and designed as follows:
A. Open space shall be sufficiently aggregated to create large useable areas of planned open space.
B. Open space shall conserve significant topographic, natural and historical features within the BZD to the extent practicable.
C. Open space shall provide a scenic natural environment along existing public streets characterized by large building setbacks that enable the preservation of natural features.
D. Where possible, open space areas shall be connected with open space areas on abutting parcels, and wherever possible, by open space corridors.
E. Open space shall not be less than fifty (50) feet in width at any point, unless the Planning and Zoning Commission deems that a lesser width is appropriate, such as when connecting open space areas on adjacent parcels or creating scenic walking trails.
F. All principal and accessory buildings shall be setback fifteen (15) feet from any designated open space.
G. Land area devoted to the following shall not be included as meeting the open space requirement:
1. Public rights-of-way;
2. Access drives, common drives and driveways, except as otherwise permitted by the Planning and Zoning Commission when providing access to the open space;
3. Required setbacks for buildings from the project boundaries; and,
4. Private yards within subdivided lots.
H. Open space shall be composed of the 100-year floodplain, wetlands (including woodlands with wetland soils), steep slopes, significant wildlife habitats, ridge lines, hilltops, windbreaks, stands of mature hardwood trees, woodlands, views into and out from the site, historic and archaeological features. The Flood Insurance Study shall be used to determine the 100-year floodplain. The Planning and Zoning Commission may grant an exception to this requirement based on the existing street network, topography, the proximity and nature of surrounding land uses, and similar factors.
I. Open space may be used for outdoor, passive uses. Any open space intended to be devoted to such outdoor uses shall be of a usable size and shape for the intended purposes as determined by the Planning and Zoning Commission. Where deemed appropriate by the Planning and Zoning Commission, outdoor areas shall be provided with appropriate access.
J. Open space shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Village of Waite Hill Law Director and duly recorded in the Office of the Recorder of Deeds of Lake County. Such recording shall take place before a construction permit, such as a building permit, of any kind is issued by the Village of Waite Hill.
(5) Protection of Natural Features.
A. A riparian buffer of thirty-five (35) feet, as measured from the ordinary high water mark, shall be provided along the entire length and on both sides of a river or perennial stream channel. Walkways may be permitted to be located within riparian buffers when the Planning and Zoning Commission determines that such will create minimal change to the riparian buffer.
B. The 100-year floodplain shall be protected.
C. Wetlands that are to be retained in their natural state within the BZD shall be protected. A buffer area not less than thirty-five (35) feet in width measured from the edge of the delineated wetland shall be provided along the entire perimeter of the designated wetland. The buffer area shall not be disturbed and shall be retained in its natural state.
D. A minimum building and pavement setback of fifty (50) feet, measured from the edge of the designated wetland, shall be required.
(6) Bike Paths and Other Trail Systems. Trail systems for bikes and other purposes may be included and shall be properly buffered from any adjacent residential areas if the trail is not located along or within the right-of-way of a public street.
(7) Street Design and Vehicular Circulation.
A. The proposed vehicular circulation system in the BZD shall provide adequate connections to the existing street network.
B. The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement and access.
C. Street alignments should be designed to conserve natural features and minimize the need for cut and fill practices.
D. Private streets shall be permitted when approved by the Planning and Zoning Commission. Such private streets shall be designed and constructed in accordance with the requirements set forth in Section 1105.04, Required Improvements, except as otherwise permitted by the Planning and Zoning Commission.
E. The design and construction of public streets shall be in accordance with the requirements set forth in Section 1105.04, Required Improvements.
F. Utilities. The applicant shall provide and construct on-site and off-site water, sewage disposal, and other infrastructure improvements for the BZD in accordance with the requirements of Section 1105.04, Required Improvements, and consistent with any agreements submitted as supporting documentation for the BZD.
(g) Project Phasing. If the BZD is to be implemented in phases, each phase shall have adequate provision for access, storm water management, utilities, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary and/or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property. Open space areas shall be reasonably proportioned in each phase of the project, and the proposed construction of any recreation facilities shall be clearly identified on a phasing plan.
(h) Common Facilities. The open space or common facilities established as part of a BZD shall be:
(1) Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as open space;
(2) Give to a land trust or other conservation organization recognized by the Village; or,
(3) Offered to the Village for public open space. The Village shall have the right to not accept any land area offered to the Village. In the event of such refusal, the conditions of (1) or (2) above, shall apply. Any land area that is accepted by the Village for dedication as public open space shall also continue to be counted toward the requirement for open space.
Homeowners associations or similar legal entities that are responsible for the maintenance and control of common areas including recreational facilities, open space, private streets, and buffer areas, shall be established in such a manner that complies with Section 1153.03, Requirements for Owners Associations.
(Ord. 2011-14. Passed 4-9-12.)
1145.07 COMPLIANCE WITH EXISTING DEVELOPMENT STANDARDS.
(a) Because of the special characteristics related to a BZD, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Zoning Code, the provisions set forth in this Chapter shall govern. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions and requirements found elsewhere in this Zoning Code, unless modified by the development standards text.
(b) Requirements and guidelines that are necessary to ensure that the proposed BZD complies with the intent of these Building Zone Development District regulations shall be clearly delineated in the development standards text and submitted as part of the preliminary site plan. Elements of the development standards text shall include:
(1) The maximum density;
(2) Standards for the protection of natural features;
(3) The major vehicular, pedestrian and bike circulation system, when applicable;
(4) Setbacks and buffer standards for the perimeter of the BZD district;
(5) Any unique development standards or other standards that are determined essential for the project; and,
(6) All other provisions that set forth the methods for complying with the General Development Criteria set forth in Section 1145.05.
(Ord. 2011-14. Passed 4-9-12.)
1145.09 ADDITIONAL PROCEDURES.
This Section provides miscellaneous provisions regarding the review and approval of Building Zone Developments.
(a) Significance of Approved Preliminary Site Plan. Approval or approval with conditions of the preliminary site plan by the Village Council shall:
(1) Establish the development framework for the project, including, but not limited to, the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
(2) Permit the applicant to proceed with detailed planning of the final site plan; and,
(3) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(b) Expiration of Zoning Approval & Cessation of an Approved Project. Given the nature of the Building Zone Development District process and the unique standards simultaneously adopted, the Building Zone Development District designation shall remain valid for one (1) year from the date of Village Council approval. During that time, the applicant shall prepare and submit a final site plan for review.
In the event progress on the BZD is discontinued, an applicant may develop the subject site in conformance with the regulations in Chapter 1141, Single-family Residence District or Chapter 1143, Conservation Development Regulations as well as amend an approved Building Zone Development as provided for in sub-section 1145.09 (d).
(1) For the purpose of this Section, progress shall be considered discontinued when:
A. The final site plan for the BZD, or for the first phase of the BZD, is not submitted within one (1) year after approval by Village Council of the preliminary site plan; or
B. The final site plan for the BZD, or for the latest phase of the BZD, is approved, but construction authorized by such final site plan is not begun within one (1) year after approval of the final site plan; or
C. A final site plan for the BZD is approved, and construction work is discontinued for a period of one (1) year or for a longer period as may be agreed to as part of the BZD zoning amendment.
(2) At any time, the Planning and Zoning Commission may grant an extension to the above stated timeframes for good cause shown.
(c) Zoning and Building Permits. Following the approval of the final site plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the zoning certificate and building permit process, consistent with approval as granted.
(1) After approval of the final site plan, the applicant shall obtain a zoning certificate and a building permit prior to construction.
(2) All construction and development under any building permit shall be in accordance with the approved final site plan, except as may be permitted in Section 1145.09 (d), Modifications to Approved Final Site Plans. Any unauthorized departure from such plan shall be cause for revocation of the zoning certificate or the certificate of zoning compliance, as applicable. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. The Village shall require a copy of the recorded document prior to Lake County issuing any construction permit.
(d) Modifications to Approved Final Site Plans. Requested modifications to approved final site plans shall be reviewed according to the following:
(1) Administrative Approval. The Zoning Administrator, in administering the approved final site plan, may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved final site plan.
A. Such modifications shall not allow increases in the density of development.
B. Such modifications shall be limited to:
1. Minor adjustments in lot lines provided no additional lots are created;
2. Minor adjustments in location of building and structure footprints provided the perimeter setbacks, yards and buffers remain in compliance;
3. Minor adjustments in building height(s);
4. Substitution of landscaping materials;
5. Redesigning and/or relocating stormwater management facilities;
6. Redesigning and/or relocating mounds; and,
7. Minor changes in building material that are similar to and have the same general appearance as the material approved on the final site plan.
C. The Zoning Administrator shall report any approved modification to the Planning and Zoning Commission.
(2) Board of Zoning Appeals Approval. Any request for a variation to the development standards text that pertains to an individual one-family detached dwelling on an individual subdivided lot shall be reviewed as a variance according to the regulations set forth in Chapter 1133, Appeals and Variances.
(3) Planning and Zoning Commission.
A. Modifications other than those listed in (1) and (2) above, which do not require changes to the approved preliminary site plan, shall be submitted to the Planning and Zoning Commission in accordance with the review procedures for final site plan review set forth in Chapter 1127. If it is determined that the modifications are compatible with the surrounding development and consistent with the approved preliminary site plan, the Planning and Zoning Commission may approve such change.
B. Modifications other than those listed in (1) and (2) above, which do require changes to the approved preliminary site plan, shall be submitted and reviewed in accordance with the review procedures for a zoning amendment and site plan review as set forth in Section 1145.03, Establishment of Building Zone Development District.
(Ord. 2011-14. Passed 4-9-12.)
1145.11 SUBMISSION REQUIREMENTS.
(a) Contents of Preliminary Site Plan Application. The applicant shall submit a Preliminary Site Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include the submission requirements in Chapter 1127, the information required by sub-section 1143.21 (b), and the Development Standards Text. The development standards text identifies all of the requirements that are to govern the design and layout of the BZD as provided for in 1145.07 (b).
(b) Contents of Final Site Plan Application. The applicant shall submit a Final Site Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include the submission requirements in Chapter 1127, the information required by sub-section 1143.21 (d) (1), and the Development Standards Text. The development standards text identifies all of the requirements that are to govern the design and layout of the BZD as provided for in 1145.07 (b).
(Ord. 2011-14. Passed 4-9-12.)
1145.13 PLAN APPROVAL CRITERIA.
In addition to complying with the standards in this Chapter, the Architectural Board of Review, the Planning and Zoning Commission, and the Village Council, as applicable, shall only approve a preliminary or final site plan when it is determined to be in compliance with the applicable criteria in Chapter 1127, Site Plan Review Procedures, and the criteria in Section 1143.23, Site Plan Review Criteria.
(Ord. 2011-14. Passed 4-9-12.)
1147.01 INTENT AND PURPOSES.
The purpose of this Chapter is to promote the public health, safety, and welfare through the provision of standards for existing and proposed signs in Waite Hill. More specifically, this Chapter is intended to:
(a) Maintain the quality of residential environment so it remains an attractive, pleasant place in which to live.
(b) Maintain residential property values
(c) Ensure that signs are located and designed to reduce distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
(d) Prevent the erection of poorly constructed and unsafely located, posted, or painted signs.
(e) Prohibit all signs not expressly permitted by this Chapter.
(Ord. 2011-13. Passed 7-9-12.)
1147.03 DEFINITIONS.
(a) "Billboard" means any permanent sign advertising an establishment, merchandise, event, service, or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located.
(b) "Sign" means a structure or part thereof, or any device attached to a structure or painted or represented directly or indirectly on a structure, which shall display or include any letter, logo, insignia, picture, banner, pennant, device or representation used as, or which is in the nature of, an announcement, direction or advertisement.
(1) "Construction sign" means any temporary sign relating to the construction of a project during the time of its construction. Such signs typically include the name of an architect, engineer and/or contractor for a building.
(2) "Development Sign" means a permanent sign near the entrance of a residential development and intended to identify such development.
(3) "Free-standing Sign" means any permanent sign supported from the ground and not attached to any building and the size of which shall be determined by measuring the area of one side of the sign.
(4) "Permanent sign" means a sign that is intended to be erected or constructed for a period of longer than one (1) year.
(5) "Temporary sign" means a sign that is of a non-permanent nature, constructed of cloth, paper, wood, fabric, or other temporary material, with or without a structural frame, intended or designed for a limited period of display.
(6) "Wall sign" means a permanent sign affixed or attached to the exterior wall of a building and projecting not more than twelve (12) inches from the face of the wall.
(c) "Sign Area" is determined by measuring the total area of the sign, including the background, using not more than three (3) geometric shapes and including all borders and frames. For a sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, or triangle), or a combination of three (3) regular geometric shapes, which form, or approximate, the perimeter of all elements in the display.
(Ord. 2011-13. Passed 7-9-12.)
1147.05 APPLICATION OF SIGN REGULATIONS.
A sign shall only be erected, established, painted, created, or maintained in the Village in conformance with the standards, procedures, and other requirements of this Chapter.
(Ord. 2011-13. Passed 7-9-12.)
1147.07 PERMANENT SIGNS PERMITTED.
(a) Each residential development may have one (1) development sign erected at the main entrance to such development. It shall be located at least 100 feet from the nearest residential dwelling; shall not be located in a public right-of-way; and shall not exceed twenty-four (24) square feet in total area.
(b) Each property devoted to a single family home is permitted a street address sign plus up to two (2) additional permanent signs with each being no larger than two (2) square feet.
(c) For the non-single family uses permitted in the Single Family Residence Districts (which are civic center, library, place of worship/church, public safety facility and public service facility) the total area for all signs shall not exceed one-half (1/2) square foot for each lineal foot of building frontage up to a maximum total area of 100 square feet. A portion of the permitted area may be placed on one (1) freestanding sign with a maximum height of five (5) feet and a maximum area of twenty-four (24) square feet and which shall not be located in a public right-of-way.
(d) Property in an Open Space Natural Area Preservation District may have one free-standing sign with a maximum area of twenty-four (24) sq. ft. and which shall not be located in a public right-of-way.
(e) The number and area of signs permitted pursuant to Sub-sections "(b)", "(c)" and "(d)" above may be increased by the Planning and Zoning Commission when the Commission determines that such additional signs will not be visible from the public street, and that such signs provide needed educational and/or instructive messages and will have no adverse impact on adjacent properties and/or the public street.
(Ord. 2011-13. Passed 7-9-12.)
1147.09 TEMPORARY SIGNS PERMITTED.
(a) One temporary sign is permitted on a lot, in addition to construction signs permitted pursuant to Sub-Section "(b)" below, not to exceed six (6) square feet and shall be located a minimum of five (5) feet from the vehicle travel portion of any public or private street.
(b) Additional temporary signs, not to exceed six (6) square feet each, may be placed on any property for up to sixty (60) days prior to and no longer than five (5) days after any general, primary or special election and shall be located a minimum of five (5) feet from the vehicle travel portion of any public or private street.
(c) One (1) construction sign, up to a maximum sign area of sixteen (16) square feet, shall be permitted on any lot on which construction is occurring and such sign shall be located a minimum of fifteen (15) feet from any public street right-of-way. Such sign is permitted only for the period that construction is being diligently pursued.
(Ord. 2011-13. Passed 7-9-12.)
1147.11 ADMINISTRATIVE PROCEDURES.
(a) A Zoning Certificate shall be required for:
(1) All permanent signs, except those permitted on a single family lot; and
(2) Temporary construction signs
The Zoning Certificate for a sign shall only be issued by the Zoning Administrator upon the filing of an application and payment of the required fees, on forms provided by the Village, and only after the application has been approved by the Planning and Zoning Commission and the Architectural Board of Review according to the procedures in Chapter 1127, Site Plan Review Procedures.
(b) A Zoning Certificate or fee shall not be required for:
(1) All temporary signs, except for construction signs pursuant to Section "(a)" above; and
(2) The permanent signs permitted on any residential lot that are two (2) sq. ft. or less.
(Ord. 2011-13. Passed 7-9-12.)
1147.13 SUPPLEMENTAL SIGN REGULATIONS.
(a) Construction Standards for Permanent Signs:
(1) The construction, erection, safety, and maintenance shall comply with all applicable building codes and all permanent signs involving the structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.
(2) All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the Village and shall be structurally sound to withstand wind pressures of at least thirty (30) pounds per square foot of surface area.
(3) All signs shall be located and secured so as to pose no threat to pedestrian or vehicular traffic.
(4) Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
(5) No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
(b) Maintenance.
(1) The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he/she shall have a continuing obligation to comply with all building code requirements.
(2) The Zoning Administrator may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition.
(3) If the face of any permanent sign which fails to serve the purposes for which it was intended, or evidences a lack of maintenance, it shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which such sign is located, within ten (10) days after written notice by the Zoning Administrator. The area of the former sign shall be repaired by a neutral, single background color panel or similar cover to match the building.
(4) If the Zoning Administrator finds that any sign is unsafe, insecure, or a public nuisance, the property owner and/or occupant shall be given written notice by the Zoning Administrator. Within forty-eight (48) hours of such notification, the violation shall be corrected or the sign removed. If the violation is not remedied within forty-eight (48) hours, the sign may be removed by the Village to comply with these regulations at the expense of the owner and/or occupant of the property upon which the sign is located.
(c) Temporary Signs:
(1) Shall not be placed or located in a manner that prevents free ingress to or egress from, any roadway, driveway, access drive, or parking area, or to or from, any door, window, fire escape or ventilating equipment or obstructs the view of vehicular traffic.
(2) Shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(3) The Zoning Administrator may order any temporary sign to be painted, refurbished, or replaced to keep the sign in a neat and safe condition.
(4) Any temporary sign not in compliance with this sub-section shall be brought into compliance with forty-eight (48) hours of notification by the Zoning Administrator or otherwise the sign may be removed by the Village.
(d) Illumination: Signs may only be illuminated by exterior light sources which shall be shielded and not be of excessive brightness or cause a glare hazardous to pedestrians or auto drivers, or objectionable in any adjacent residential property. Such exterior light shall only be white. Flashing, moving, or intermittent light sources are prohibited.
(Ord. 2011-13. Passed 7-9-12.)
1147.15 PROHIBITED SIGNS.
The following signs shall be prohibited within the Village:
(a) Billboards.
(b) Signs placed within any public right-of-way or on any public property, utility poles or bridges or bridge abutments except as specifically authorized by this Chapter or otherwise authorized by the Village.
(c) Signs that project over or obstruct the required windows or doors of any building, or attach to or obstruct a fire escape.
(d) Signs erected so as to obstruct traffic sight lines or traffic control lights at street intersections, or traffic sight lines or signals at a railroad grade crossing. Signs visible from a street shall not contain an arrow or words such as "stop", "go", "slow", and so forth, or otherwise resemble highway traffic or directional signals.
(Ord. 2011-13. Passed 7-9-12.)
1147.17 DESIGN AND LOCATION CRITERIA.
In addition to ensuring compliance with the numerical standards of these regulations, when reviewing an application the Planning and Zoning Commission and the Architectural Board of Review shall consider the following:
(a) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
(b) The sign should be consolidated into a minimum number of elements.
(c) The ratio between the message and the background shall permit easy recognition of the message.
(d) The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture of the building.
(e) The proposed signs are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings.
(Ord. 2011-13. Passed 7-9-12.)
1147.19 NON-CONFORMING SIGNS.
Any sign now existing within the Village and which could not now or in the future be erected or constructed under the provisions of the Planning and Zoning Code shall not be extended or enlarged and in the event of removal shall not be replaced by any sign except in conformity with the provisions of the Planning and Zoning Code. All alterations or changes to any such sign now existing shall be confined to the repair thereof and maintenance in a safe condition.
(Ord. 2011-13. Passed 7-9-12.)
1147.21 VIOLATIONS.
(a) Whoever violates any provision of this chapter shall be subject to the penalties provided in Chapter 1123.
(b) In the event of any violation of this Chapter results in an imminent threat to health and/or safety the Village, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation.
(Ord. 2011-13. Passed 7-9-12.)
1149.01 INTENT.
The Open Space Natural Area Preservation District (OS) and the regulations in this Chapter are established in order to achieve, among others, the following purposes:
(a) To conserve the natural resources in the Village, including but not limited to underground water supply, woods, lakes, streams, shrubs and trees, and to prevent pollution of water, waste of land, and to provide the benefits resulting from having open areas preserved in their natural or near natural state; and,
(b) To promote the public health, safety and general welfare of the community by protecting and preserving open space as a limited and valuable resource which protects scenic vistas and contributes to the overall quality of life in the Village of Waite Hill.
(Ord. 2011-14. Passed 4-9-12.)
1149.03 USE REGULATIONS.
(a) Uses Permitted By Right. A use listed in Schedule 1149.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Zoning Code have been met;
(b) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1149.03 shall be permitted provided that the requirements of all other Village ordinances and this Zoning Code have been met.
(c) Compliance with Standards. Although a use may be indicated as a permitted principal or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.
(d) Use Not Listed in Schedule. Any use not specifically listed as a permitted principal use shall be a prohibited use in this zoning district and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1131.
Permitted Uses(a) | ||
OS | ||
Open Space Natural Area Preservation District | ||
(5)Permitted Uses | ||
A. Natural Resource Preserve | P | |
(6) Accessory Uses | ||
A. Fences, walls | A | |
B. Other accessory structures(b) | A | |
C. Parking | A | |
D. Signs | A | |
(a) There shall be no retail sales or commercial recreation in the Open Space Natural Area Preservation District. (b) Other accessory structure may include, but shall not be limited to, informational kiosks, picnic facilities, etc. P = Principal Use permitted by right; A = Accessory use; | ||
(Ord. 2011-14. Passed 4-9-12.)
1149.05 DEVELOPMENT REQUIREMENTS.
(a) Maximum Lot Coverage. The maximum lot coverage shall not exceed one percent (1%).
(b) Setback Requirements. All structures, except off-street parking, shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks set forth in Schedule 1149.05, measured from the appropriate lot line. The area within the setbacks shall remain unobstructed by structures, except as otherwise permitted in this Code.
(c) Parking Requirements. The number of required off-street parking spaces for Natural Resource Preserves shall be two (2) parking spaces per each five acres of land area or part thereof, but no more than a maximum of twenty (20) parking spaces shall be provided. Such parking spaces shall be constructed in accordance with the applicable requirements in Chapter 1151, Off-street Parking Regulations.
Minimum Setbacks for Accessory Structures(a) | |
OS | |
Open Space Natural Area Preservation District | |
(1) Minimum Setback from Street Right-of- Way | 200 feet |
(2) Setback from Side & Rear Lot line | 150 feet |
(a) The Planning and Zoning Commission may grant an exception to these setback requirements based upon the structure proposed, its anticipated impacts, the location of existing natural features, and the adjacency to residentially zoned parcels. | |
(Ord. 2011-14. Passed 4-9-12.)
1149.07 HEIGHT REQUIREMENTS.
All accessory buildings and structures shall comply with the following height regulations:
(a) The height of accessory structures shall not exceed twelve (12) feet.
(b) During the site plan review process, an applicant may request that the Planning and Zoning Commission consider an exception to the height requirement. Such an exception shall not be granted unless findings are made that the increased height will not adversely harm adjacent properties and the character of the surrounding area due to the setback of the proposed structure/building, the topography of the applicant's site or surrounding properties, or similar criteria.
(Ord. 2011-14. Passed 4-9-12.)
1149.09 ACCESSORY USES AND STRUCTURES.
Accessory uses and structures permitted in the OS District shall conform to the regulations contained in this Section and this Chapter.
(a) Location Requirements for Accessory Uses. All accessory structures permitted in the OS District shall be located as set forth in Schedule 1149.05, Minimum Setbacks. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Zoning Code.
(b) Minimum Parking Setbacks. Off-street parking shall be located to minimize any negative impacts on the public right-of-way and adjacent residential property as determined by the Planning and Zoning Commission based upon the proposed placement and screening of the parking, the location of existing natural features, and the adjacency to residentially zoned parcels.
(d) Signs. Signs, which are not visible from public rights-of-way, are permitted, after approval from the Zoning Administrator, provided such signs shall not exceed six (6) square feet. Other signs shall be permitted only after site plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Site Plan Review Procedures.
(Ord. 2011-14. Passed 4-9-12.)
1149.11 PERFORMANCE STANDARDS.
All uses shall comply with the following performance standards:
(a) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall be such that light shall not trespass onto adjacent residential property.
(b) Outdoor Storage. Outdoor storage is prohibited.
(c) Landscaping and Screening. If structures are proposed adjacent to any residential zoning district boundary line, the Planning and Zoning Commission may require additional landscaping and/or fencing to screen such uses from adjacent residential property.
(Ord. 2011-14. Passed 4-9-12.)
1149.13 PLAN REVIEW.
All uses in the OS District shall be permitted only after site plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Site Plan Review Procedures. (Ord. 2011-14. Passed 4-9-12.)
1151.01 INTENT.
Off-street parking regulations are established in order to achieve, among other things, the following purposes:
(a) To protect adjoining residential property from parking associated with community facilities and institutions;
(b) To provide regulations and standards for the development of accessory off-street parking spaces; and,
(c) To provide for the accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.
(Ord. 2011-14. Passed 4-9-12.)
1151.03 PARKING FACILITIES REQUIRED.
Accessory, off-street parking spaces, including driveways, shall be provided prior to the occupancy of a building or use. Parking facilities shall be provided for the entire building or use in accordance with the regulations contained in this Chapter whenever a building is constructed or altered to require additional parking or a new use is established.
(Ord. 2011-14. Passed 4-9-12.)
1151.05 UNITS OF MEASURE.
In computing the number of off-street parking spaces required by this Code, the following rules shall apply:
(a) Floor Area. Where floor area is designated as the standard for determining off-street parking space requirements, gross floor area shall be used for all land uses, unless specifically noted otherwise.
(b) Seats. Where seating capacity is the standard for determining off-street parking spaces, the capacity shall mean the number of seating units installed or indicated, or one seat for each 24 lineal inches of benches or pews, or when fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of gross floor area of the assembly room(s).
(c) Fractional Numbers. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
(Ord. 2011-14. Passed 4-9-12.)
1151.07 OFF-STREET PARKING STANDARDS.
The number of off-street parking spaces for each facility, establishment, or use shall be determined by application of the standards noted in Schedule 1151.07.
Required Off-Street Parking Spaces
Principal Building or Use | Minimum Parking Requirement (a) (b) |
(a) Residential: | |
(1) One-family dwelling, detached | 2 per dwelling unit, at least 1 enclosed |
(2) Cluster one-family detached dwelling | 2 per dwelling unit, at least 1 enclosed |
(b) Community Facilities/ Institutions | |
(1) Cemetery(c) | To be determined by the Planning and Zoning Commission |
(2) Civic center | 1 space for every 6 seats in the portion of the building to be used for assembly use plus any other use requirements such as but not limited to a park facility and/or a library |
(3) Library | 3 spaces per 1,000 square feet of floor area |
(4) Place of worship/church | 1 space for every 6 seats in the portion of the building to be used for assembly use |
(5) Public safety facility | 1 space per 200 square feet of floor area |
(6) Public service facility(c) | To be determined by the Planning and Zoning Commission |
(a) A minimum of five (5) spaces is required for each facility other than one-family detached dwellings or cluster one-family detached dwellings. (b) For specific buildings or uses not scheduled above, the Planning and Zoning Commission shall apply the unit of measurement set forth in the above schedule which is deemed to be most similar to the proposed use. (c) Specific requirements shall be based on requirements for similar uses, location of proposed use, surrounding land uses, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. |
(Ord. 2011-14. Passed 4-9-12.)
1151.09 PARKING SPACES FOR PERSONS WITH DISABILITIES.
In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation shall provide off-street parking spaces that are designed and constructed to be readily accessible to persons with disabilities.
(Ord. 2011-14. Passed 4-9-12.)
1151.11 LOCATION OF REQUIRED PARKING SPACES.
In addition to specific requirements contained in each district regulation, the location of off-street parking facilities shall further be regulated according to the following provisions:
(a) Parking for Dwelling Units. Off-street parking spaces required for dwelling units shall be located on the same zoning lot as the dwelling unit served.
(b) Parking in Designated Areas Only. Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking facilities or areas specifically constructed for such purposes and shall not be parked on lawns or other landscaped areas, unless otherwise approved by the Waite Hill Police Department.
(c) Areas Computed as Parking Spaces. Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway, except for one-family detached or a cluster one-family detached dwellings where a driveway in the front or side yard shall be permitted to compute as eligible parking space(s) up to a maximum of one (1) parking spaces per dwelling unit.
(Ord. 2011-14. Passed 4-9-12.)
1151.13 CONSTRUCTION, USE, IMPROVEMENT, AND MAINTENANCE STANDARDS.
All driveways and parking facilities shall be constructed in accordance with standards established by the Village Engineer and the following:
(a) Grading and Pavement. Parking facilities and access driveways shall be so graded and drained so as to dispose of all surface water and drainage so that such surface water and drainage shall not be allowed to flow onto adjacent properties including the right-of-way or remain standing in said driveways or parking facilities. All parking facilities and driveways improved or constructed shall be bituminous or Portland cement pavement, pavers, embossed concrete, gravel, porous pavement, Grasscrete (or other pervious paving system), or another approved pavement material in accordance with standards established by the Village and approved by the Village Engineer and the Planning and Zoning Commission. All gravel or other non-paved parking facilities and driveways shall be maintained so as not to create a hazard. Gravel or other driveway material shall not collect on driveway aprons or the public right of way.
(b) Illumination in Parking Facilities. All lighting used to illuminate such parking facilities shall be so arranged as to direct the light away from adjoining properties or streets, and no open light sources such as the stringing of light bulbs shall be permitted.
(c) Marking. Any off-street parking facility for five (5) or more off-street parking spaces shall indicate the location of each parking space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.
(d) Maintenance. All parking facilities shall be maintained in a manner to keep it as free as practicable from rubbish, paper and other loose particles, and snow and ice shall be promptly removed. All signs, markers or any other methods used to indicate direction of traffic movement and location of off-street parking spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes. It shall be the responsibility of the property owner to maintain and repair parking lots as may be necessary, in the opinion of the Village, so as to provide a dustless surface in good condition, properly drained, and free of obstructions and nuisances in accordance with the requirements of this Chapter.
(Ord. 2011-14. Passed 4-9-12.)
1151.15 ZONING CERTIFICATE AND SITE PLAN REQUIRED.
All facilities governed by the regulations in this Chapter shall comply with the following approval process.
(a) Plans showing the features of off-street parking spaces shall be submitted to the Zoning Administrator for site plan review as required by Chapter 1127, Site Plan Review Procedures.
(b) Village Engineer. The Village Engineer shall review and approve all requests for access to public rights-of-way prior to construction. All improvements, curb cuts, and approaches in the public right-of-way shall be constructed pursuant to all applicable Village regulations.
(Ord. 2011-14. Passed 4-9-12.)
1153.01 LOT REGULATIONS.
(a) Lot Separation; Usage Requires Compliance.
(1) No portion of a lot necessary to maintain and provide the required total area, minimum width, side, front or rear setbacks, or to provide the density of dwelling units in accordance with the schedules or regulations made a part hereof shall be separated in ownership or used except as herein provided, nor shall any part of such areas be considered for any other building or use.
(2) Where such areas are or will be after completion of a site plan or subdivision of lands, fronting on any public street, road or highway, such shall be computed from the side of such street, road or highway, and shall exclude all area used for ingress and egress to or from any other lot or parcel of land.
(b) Adequate Access. All lots shall have adequate access to a public right-of-way either by fee ownership of sufficient property which abuts a public right of way to provide adequate access, or via an easement from the public right of way to the lot which shall permit access for public safety and service vehicles and be in a form which is acceptable to the Village's Law Director.
(c) Required Lot Area to be Maintained. A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record that conformed to the provisions of this Code or any amendments thereto shall not be reduced in any manner that would make it nonconforming.
(Ord. 2011-14. Passed 4-9-12.)
1153.03 REQUIREMENTS FOR OWNERS ASSOCIATIONS.
As part of a development where a homeowners association, community association, condominium association or similar legal entity/agency shall be created to be responsible for the maintenance and control of common areas, including the required open space, open space easements, private streets, facilities, common drives, etc., the Village's Law Director shall determine that, based on documents submitted with the site plan, the association's or agency's bylaws or code of regulations specify the following requirements:
(a) Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium;
(b) The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements;
(c) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments;
(d) The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified;
(e) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including required open space, without (i) an affirmative vote of seventy-five (75) percent of its members, (ii) having established a successor entity to take over said property pursuant to the Village's Zoning Code; and (iii) the approval of the Village Council.
(f) The Association shall convey to the Village and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Village shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, dwelling, and vacant building lots.
(g) A certified copy of all covenants and restrictions, as filed with the Lake County Recorder's Office, shall be submitted to the Zoning Administrator.
(Ord. 2011-14. Passed 4-9-12.)
1153.05 PERFORMANCE STANDARDS.
No land, building, or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area.
(Ord. 2011-14. Passed 4-9-12.)
1153.07 CUTTING OF TREES.
(a) Definitions.
(1) As used in this section, "timbering, selective cutting or commercial cutting" means the cutting of trees having a trunk caliper of six inches (6") or greater, measured at the diameter-at-breast height.
(2) "Clear-cutting", as used in this section, means a system of tree harvesting that removes all the trees in a given area.
(3) "Dead", as used in this section, means that the tree is obviously lifeless without any live leaves, needles, or buds in the late spring or summer season.
(4) "Dying", as used in this section means that the tree is in an advanced state of decline because of it is diseased, infested by insects, or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to prevent the spread of the infestation or disease to other trees. In the event of a dispute about whether trees are dying, the Village shall engage an arborist to assist the Village in evaluating the condition of trees that are proposed to be removed.
(b) Approval.
(1) No Zoning Administrator approval is required for the selective cutting of up to six (6) trees having a trunk caliper of six inches (6") or greater on any piece or parcel of land located within the Village during a calendar year.
(2) No Zoning Administrator approval is required for the removal of dead or dying trees.
(3) Except as provided in subsection (b)(1) or (b)(2) of this section, there shall be no clear-cutting, timbering, selective cutting or commercial cutting of trees on any piece or parcel of land located within the Village, unless an application for such has been approved by the Zoning Administrator, as further provided in this section.
(c) Clear-Cutting. Clear-cutting is prohibited, except to the extent necessary to clear a building site, yard, driveway and right-of-way providing access to the site from a public street, after approval has been given by the Zoning Administrator.
(d) Selective Cutting. Except as provided in subsection (b)(1) or (b)(2) of this section, selective cutting of timber shall be permitted under the following conditions, upon application to the Zoning Administrator:
(1) The Zoning Administrator, an arborist selected by the Village and the owner or his or her representative shall together inspect the wooded area to be selectively cut, to butt brand and paint stripe the specific trees to be cut.
(2) Only trees so branded and marked shall be cut. Each unauthorized cutting of an unmarked tree shall constitute a separate violation of this Zoning Code and shall constitute grounds for the immediate revocation of the approval to cut trees and/or any other permit issued.
(e) Application. An application required by this section shall be in writing and shall set forth in full the name and address of each owner of the premises upon which it is proposed to engage in the cutting of trees; the name and address of each person who shall engage in the cutting of trees on such premises, either under contract or any other arrangement with the owner; a copy of the contract covering such arrangement for the cutting of trees, or if there is no such contract reduced to writing, a succinct statement of the terms and provisions of such arrangement; and a legal description of the premises upon which such cutting of trees is proposed, or in lieu thereof, a description of such premises which will adequately describe them so that they may be located on the plat map of the Village.
(f) Conditions of Approval; Performance Guarantee. The conditions under which applications shall be approved under this section are as follows:
(1) Approval of an application for the cutting of trees shall not be given by the Zoning Administrator in any case where such cutting of trees would result in interference with the natural water supply of the Village or any of the lots or lands therein, or if it would result in the undue erosion of the soil on such lots or lands.
(2) Approval of an application for the cutting of trees shall not be given by the Zoning Administrator unless and until adequate assurance is furnished by the applicant that if such approval is given and such cutting of trees is done, all of the cordwood, branches, brush, rubble and refuse resulting therefrom will be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom.
(3) The Zoning Administrator is authorized to require the filing with the Village by the applicant of a performance guarantee, the penal sum of which shall be in an amount which the Zoning Administrator reasonably estimates will be sufficient to pay the cost and expense of the clean-up operation.
(4) The performance guarantee hereinabove provided for shall be signed by the owner of the premises concerned and by each of the persons with whom arrangements have been made for the cutting of the trees under contract or otherwise as principals, and by such sureties as the Zoning Administrator shall deem sufficient.
(Ord. 2015-11. Passed 11-9-15.)
CODIFIED ORDINANCES OF WAITE HILL