Walbridge City Zoning Code
TITLE SEVEN
Supplemental Regulations
1181.01 PURPOSE.
(a) The purpose of these sign regulations is to provide standards for the placement, display and use of signs. These standards are designed to enhance the aesthetic environment of the Village; promote business development through flexible regulation while encouraging innovation and creativity in sign design and usage; improve pedestrian and traffic safety; and minimize possible adverse effects of signs on nearby public and private property. It is the intent of the Village to encourage low-profile signs.
(b) Further, the purpose of these regulations is to encourage signing and lighting and other communications which aid orientation, identify activities, express local history and character or serve other educational purposes; and to reduce conflict between the private and public communication systems.
(c) The effect of these regulations as more specifically set forth herein, is:
(1) To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this section;
(2) To prohibit all signs not expressly permitted under this section;
(3) To provide for the enforcement of the provisions of these regulations;
(4) To regulate the use of signs according to zone and the placement and scale of signs primarily by type, length of street frontage, and lot size.
(Ord. 11-07. Passed 7-18-07.)
1181.02 DEFINITIONS.
(a) Sign Districts. Special Information Districts: Areas with high use by the general public (as indicated by traffic flow, density of development, and economic activity) and/or with recognized broad public significance (based on history, type of activity, or environmental character), which are particularly sensitive to the effects of private signs and lights (for reasons of safety, history, aesthetics or orientation.)
(b) General Information Districts. All other parts of the Municipality.
(c) Sign (Also see Definition Section 1135.02). Any letter, pictorial representation, symbol, flag, emblem, displayed in any manner whatsoever, which directs attention of persons to any object, subject, place, person, activity, product, service, institution, organization or business, with the exception of and excluding any animated device for aesthetic purposes.
(d) Surface Area (of a sign.) (Also see Definition Section 1135.02) The surface area of a sign is the copy area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included.
(Ord. 11-07. Passed 7-18-07.)
1181.03 GENERAL SIGN REQUIREMENTS APPLICABLE FOR ALL DISTRICTS.
(a) A sign may be erected, placed, established, painted, created, or maintained in the Village only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance.
(b) No sign shall be installed in any manner which may endanger the safety of any pedestrian or motor vehicle. No sign shall project into any public right-of-way or obstruct traffic visibility at street or highway intersections.
(c) All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.
(d) Area measurement for any sign consisting of separate letters or designs or symbols or parts thereof that are constructed without being fixed to a background structure shall be made by measuring the overall area occupied by the letters, designs or symbols.
(e) A sign for a conditional use shall be constructed and maintained as approved at the time the conditional use is approved. Signs for conditional uses in any business, commercial or industrial district shall be as specified or conform to the requirement for the most similar use in the district in which it is located subject to approval of the Board of Appeals.
(f) Exemptions. The following types of signs are exempt from sign permit requirements:
(1) Any public notice or warning required by a valid and applicable federal, state or local law or regulation.
(2) Public Signs: Signs of a non-commercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like.
(3) Institutional: Signs setting forth the name or any single announcement for any public, charitable, educational or religious institution, located entirely within the grounds of that institution, up to an area of 20 square feet. Such signs may be illuminated in accordance with the regulations contained hereinafter. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground mounted, the top shall be no more than four feet above ground level.
(4) Integral: Names of buildings, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type construction and made an integral part of the structure, provided that such signs do not exceed two square feet in area.
(5) Private Traffic Direction: Signs directing traffic movement onto a premises or within a premises, not exceeding three square feet in area for each sign. Traffic directional signs on private property shall contain no commercial message. Illumination of these signs shall be permitted in accordance with the section hereinafter included on illumination. Horizontal directional signs on and flush with paved areas are exempt from these standards.
(6) Small Signs: Signs not exceeding two square feet in area, attached flat against the building, stationary and not illuminated, announcing only the name and occupation of building tenant.
(7) Rentals: Signs on the premises announcing rooms for rent, apartment or house for rent and not exceeding four square feet.
(8) Vehicles: Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle, provided that the primary use of the vehicle is not for advertising purposes. If a vehicle is parked at such location in such a manner and for such a purpose as to constitute a use primarily intended for sign advertising purposes, then the regulations as to signs in the zoning district in which it is located shall be applied to include the sign on the vehicle.
(9) Farms: Names of occupants and other identification painted or otherwise made a part of the surface or roof of a barn or other accessory building pertaining to and identifying the owner and/or activity of the farm unit provided said identification is not for advertising purposes.
(10) Any sign inside a building that is not in a window display.
(11) Works of art that do not include a commercial message.
(12) Holiday display lighting and decorations with no commercial message.
(13) Any traditional display in connection with the celebration of a national holiday, a religious holiday, or a community celebration, and the display of the American flag, or flag of other government entity respectfully displayed are hereby permitted.
(14) Garage/yard sale signs. These signs shall be removed no later than five days after completion of the event or transaction.
(Ord. 11-07. Passed 7-18-07.)
1181.04 RESIDENTIAL DISTRICTS.
No signs which contain a commercial message shall be permitted in an "R" District, except as provided in this Ordinance.
(a) One sign advertising the sale of products raised or produced on the premises shall be permitted providing it does not exceed sixteen square feet.
(b) Signs for home occupations, professional activities and nonconforming uses where existing or permitted shall not exceed six square feet in area in any "R" District.
(c) Bulletin boards and signs for a church, school, community or other public or semi- public institutional building and permitted conditional uses shall be permitted provided the area of such bulletin board or sign shall not exceed twenty square feet per face.
(d) Wall signs pertaining to a nonconforming use shall be permitted if on the same premises of such use, provided the area of such sign does not exceed sixteen square feet.
(e) No building wall shall be used for display of advertising, except pertaining to the use carried on within such building.
(f) Temporary signs shall be permitted not closer than the highway right-of-way line provided no part of the sign is more than three feet above ground level.
(g) At any entrance to a residential subdivision or multi-family development there may be not more than two signs identifying such subdivision or development and said signs shall be setback from the right-of-way line a minimum distance of ten feet. The total sign area of a single sign located at a single entrance shall not exceed 32 square feet, shall not exceed 42 inches in height and shall contain only the name of the subdivision or development. Any subdivision entrance/ identification sign proposed to be located within the center of a boulevard entrance shall be located in a manner so as not to create a traffic hazard from the standpoint of adequate sight distances.
(Ord. 11-07. Passed 7-18-07.)
1181.05 COMMERCIAL DISTRICTS.
(a) In a commercial ("C") district, each business shall be permitted fascia or wall signs. Projections of wall signs shall not exceed two feet measured from the nearest part of the building except as specifically permitted within certain districts.
(b) The area for all permanent signs located on the premises with any industrial use shall be limited to an area not to exceed one and one-half square feet per one lineal foot of building width, but not to exceed 200 square feet.
(c) Free-standing signs serving an individual business or a group of business establishments shall be permitted if they have no more than a total sign area of 100 square feet and are located not closer than either twenty feet or the height of the sign, whichever is greater, to any street, right-of-way or adjoining lot line.
(d) Pole signs of symbolical design shall be permitted for automobile service stations and other similar business establishments provided:
(1) No part of such sign shall project into the right-of-way of any street or highway.
(2) The support of such sign shall be set back at least twenty feet from any public right-of-way.
(3) The maximum area of any one face of such sign located within the front yard shall not exceed fifty square feet.
(4) The pole support of the sign shall not be less than fifty feet from any lot in any "R" District nor within twenty feet of the intersecting right-of-way of any state or federal highway and major or secondary street.
(e) One temporary sign not exceeding an aggregate of 50 square feet, announcing the opening of a business in a Commercial District is permitted for one, 30-day period.
(f) Directional signs shall be permitted for off-street parking areas, provided:
(1) Height not to exceed 42 inches from grade level.
(2) Each sign shall not exceed five square feet per display area.
(Ord. 11-07. Passed 7-18-07.)
1181.06 INDUSTRIAL DISTRICTS.
(a) The area for all permanent signs located on the premises within any industrial ("M") district shall be limited to an area not to exceed 200 square feet.
(b) One temporary sign not exceeding an aggregate of 50 square feet, announcing the opening of a business in an Industrial District is permitted for one, 30-day period.
(c) Directional signs shall be permitted for off-street parking areas, provided:
(1) Height not to exceed 42 inches from grade level.
(2) Each sign shall not exceed five square feet per display area.
(Ord. 11-07. Passed 7-18-07.)
1181.07 SETBACK REQUIREMENTS.
Signs and outdoor advertising structures except as specifically permitted within this chapter shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such District except for the following modifications:
For every square foot by which such sign or outdoor advertising structure exceeds fifty square feet such setback shall be increased by one-half foot; but such setback need not exceed 100 feet. (Ord. 11-07. Passed 7-18-07.)
1181.08 SPECIAL YARD PROVISIONS.
The following special provisions shall be observed in the erection or placement of signs:
(a) Signs where permitted shall be erected or placed in conformity with the side and rear yard requirements of the district in which located except that no sign shall be permitted within fifty feet of the front, side or rear lot line of any lot in any "R" District, nor within 100 feet of any public parkway, public square or entrance to any public park, public or parochial school, library, church or similar institution.
(b) One sign which shall not extend higher than three feet above ground level may be permitted at the entrance of a park, and shall be set back at least twenty feet from the road right-of-way line.
(Ord. 11-07. Passed 7-18-07.)
1181.09 ALLOWED SIGNS.
(a) In "C" or "M" districts, signs whose subject matter relates exclusively to the premises on which they are located or to products, accommodations, or activities on those premises shall be allowed as follows:
(1) Number of signs. Each building may have one building sign oriented to each street on which the premises have frontage, identifying the building as a whole or its predominant use. In addition, there may be an occupancy sign and one pedestrian sign oriented to each street on which the premises have frontage, relating to each occupancy within the building.
(2) Location of signs. No sign shall overhang the public way to within three feet of the curb line. No sign, except on a marquee or canopy providing shelter, shall overhang more than one-third of the sidewalk width.
(3) No sign shall extend more than fifteen feet above record grade or more than four feet above the lowest point of the roof of the single-story building with which it is associated, whichever is less restrictive, nor above the third floor of a multi-story building, except that motels, hotels, and other transient lodgings may display such signs up to forty feet above record grade.
(4) The top of pedestrian signs shall be no higher than ten feet above the sidewalk.
(5) For other than first floor occupants, occupancy signs shall be located between the second and third floors.
(6) Permanent signs on the surface of or inside display windows shall cover no more than ten percent (10%) of the display window area.
(b) Notwithstanding any other provisions of this Zoning Ordinance, signs within 660 feet of the Interstate Highway System shall be erected and maintained in general accord with Federal and Ohio laws in regard to advertising devices along the Interstate System, if such laws are more restrictive than the provisions of this Zoning Ordinance. The total area of all free- standing signs, pole signs, or signs projecting beyond building walls shall not exceed 350 square feet for any individual business establishment or use in any district.
(Ord. 11-07. Passed 7-18-07.)
1181.10 LETTERING SIZE.
(a) Building signs shall not employ letters exceeding eight inches in height in "R" Districts, or eighteen inches in height elsewhere.
(b) Occupancy signs shall not employ letters exceeding six inches in height.
(c) Pedestrian signs shall not employ letters exceeding three inches in height.
(Ord. 11-07. Passed 7-18-07.)
1181.11 ILLUMINATION.
(a) Signs shall be illuminated only by steady, stationary, shaded, shielded light sources directed solely at the sign, or internal to it, without causing direct or reflected glare for motorists, pedestrians, or neighboring premises.
(b) Illuminated signs, including neon signs, shall not produce more illumination than is necessary to make such sign visible for its intended purpose; any unnecessary brightness is prohibited.
(c) All permanent outdoor lights, such as those used for area lighting or building floodlighting, shall be steady, stationary, shielded sources directed so as to avoid glare for motorists, pedestrians, or neighboring premises.
(d) All signs and advertising structures shall not be placed as to cause a hazard to traffic or conflict with traffic control signs or lights. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.
(e) No sign shall have blinding, flashing or fluttering lights or other illuminating devices such as a changing light intensity, brightness or color. No sign shall utilize moving patterns of light so as to convey an illusion of motion or animation. Electronic message boards, being changeable copy signs in which the copy consists of an array of lights, are permitted, provided the frequency of message change is not less than 20 seconds, that is all lights in a display shall activate simultaneously, remain activated for not less than 20 seconds and deactivate simultaneously, no moving patterns of light are displayed and such sign complies with all other provisions of this chapter. No electronic message board shall be located on a parcel on which there exists a nonconforming, currently existing sign. Signs which electronically display only the time and temperature are exempt from the above provided the frequency of message change is not less than five seconds. Beacon lights and search lights are not permitted.
(f) No exposed reflective type bulbs and no strobe light or incandescent lamp which exceeds 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.
(Ord. 11-07. Passed 7-18-07.)
1181.12 OUTDOOR ADVERTISING STRUCTURES.
Outdoor advertising structures where permitted shall be erected or placed in conformity with the applicable Ohio Revised Code sections and regulations established by the Director of Transportation for the State of Ohio as set forth in Ohio R.C. 5516.09, which regulation shall apply to all commercial and industrial districts in the Municipality.
(Ord. 11-07. Passed 7-18-07.)
1181.13 TEMPORARY SIGNS.
The following signs are allowed for a maximum of one year without a permit:
(a) Construction Signs. One unlighted sign of up to twenty square feet identifying the architects, engineers, contractors and other individuals or firms involved with the construction on the premises where the sign is located; one illuminated sign up to forty square feet identifying the owner's name and the activity for which the building is intended and describing the construction process, but not including the advertisement for any product. The signs shall be confined to the site of the construction. These signs must be removed within fourteen days after the beginning of the intended activity.
(b) Temporary Land Development Project Signs. Signs pertaining to the sale, lease, rent or development of a subdivision, planned shopping center, industrial park or similar undeveloped acreage. Signs shall be non-illuminated and not exceed 20 square feet per face in sign area.
(c) Real Estate Signs. One unlighted sign not exceeding six square feet in sign area in "R" districts and 20 square feet in sign area in "C" and "M" districts that advertises the sale, rental, or lease of the premises on which the sign is displayed, to be removed within fourteen days after sale, rental or lease. Real Estate signs are not allowed in the right-of-way.
(d) Event Sign. Unlighted signs of up to thirty-two square feet displayed on private property and limited to one per each premise, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be removed within fourteen days after the event.
(e) Political Signs. Temporary displays or signs advocating the election of a candidate or candidates or the passage or disapproval of an issue shall not be governed by the provisions of this chapter provided the same are removed within ten days after the completion of the election involved. These signs shall be confined within private property. Failure to remove such signs as required herein shall be deemed a violation of this Zoning Ordinance.
(f) Display Window Signs. Signs on the surface of or inside display windows lighted only by building illumination and covering no more than twenty percent (20%) of the display window case.
(g) Street Banners. Street banners advertising a public entertainment or event, if specially approved by the local legislative board and only for locations designated by the legislative body during and for 30 days before and seven days after the event.
(h) Temporary portable advertising signs not to exceed a total area of 20 square feet, provided that the other requirements of this Zoning Code are complied with and provided a permit not to exceed 30 days in any one year period is obtained.
(i) All temporary signs shall conform with all yard requirements therein, and all signs ground mounted shall not exceed a height of eight (8') feet above ground level, and all freestanding signs shall not exceed a height of eight (8') feet above ground level.
(j) No sign shall be placed on any traffic signal or other traffic control signs.
(k) The Zoning Administrator may remove or order the removal of any sign erected or maintained in violation of this Code.
(Ord. 11-07. Passed 7-18-07.)
1181.14 PROHIBITED SIGNS AND DEVICES.
The following types of signs and devices are prohibited in all districts:
(a) Animated Signs: No sign shall be permitted which is animated by means of flashing, blinking or traveling lights or any other means not providing constant illumination. No sign or light shall move, flash, or make noise. Public service information signs and changeable copy signs are not considered animated signs.
(b) Colored lights and illuminated signs employing colors in use in traffic signal lights are prohibited within view of any signalized intersection.
(c) Any sign which contains, or is an imitation of, an official traffic sign or signal, and/or makes use of such words as "stop," "look," "danger," "go slow," "caution," or "warning" or similar phrases is prohibited.
(d) Fluorescent colors in the yellow to red spectrum are prohibited.
(e) Abandoned Signs.
(f) Search lights, rotating signs, sandwich board signs, moving figures, balloons or other gas-filled figures.
(g) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign.
(h) Any sign or other object attracting attention to a business which interferes with the safety of the traveling public.
(i) Roof Signs.
(j) Pole signs in "R" districts.
(k) Any sign which contains statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency.
(l) Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.
(m) Other than those signs and outdoor advertising displays specifically permitted, all other outdoor advertising displays intended to advertise or call attention to a product being sold on the premises are prohibited.
(Ord. 11-07. Passed 7-18-07.)
1181.15 COMMON SIGNAGE PLANS FOR MULTIPLE USES.
(a) In lieu of the requirements elsewhere in this section, in Commercial and Industrial Districts, when a structure contains more than one business establishment, or when the owners of two or more contiguous lots voluntarily agree to develop common signage, a common signage plan may be submitted to the Zoning Administrator.
(b) A common signage plan shall specify standards for consistency among all signs affected by the plan in regard to:
(1) Color scheme,
(2) Lettering,
(3) Lighting,
(4) Location of signs,
(5) Material and
(6) Sign proportion.
(c) Any number of signs that are attached to a common supporting structure shall be considered one sign for the purposes of number of signs allowed and area requirement; provided, there shall be no more than five signs on any common supporting structure, and the area of all the signs will be totaled in determining whether the total sign meets the area requirement.
(Ord. 11-07. Passed 7-18-07.)
1181.16 NONCONFORMING CONDITIONS.
Signs and lights shall be made to conform to the requirements of this chapter within one year of its effective date.
(Ord. 11-07. Passed 7-18-07.)
1181.17 ADMINISTRATION.
(a) No sign, except those specifically exempted by this Zoning Ordinance, shall be erected without a permit issued by the Zoning Administrator, application for which shall be accompanied by such scale drawings, photographs, and other information as the building official may require. All signs shall display a tag supplied by the Zoning Administrator as evidence of the permit.
(b) Permits and Fees.
(1) Unless otherwise provided by this Ordinance all new signs shall require a permit. Application for sign permits shall be made to the Zoning Administrator.
(2) Payment of fees to the Village shall be in accordance with the Permit Fee Schedule as fixed by Council.
(3) A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit.
(4) No permit is required for the maintenance of a sign, e.g. painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure, or for a change of advertising copy or message on approved painted, printed or changeable copy signs, including theater marquees and similar approved signs which are specifically designed for the use of replaceable copy, so long as the sign area or structure is not modified in any way for the existing owner and/or tenant.
(c) Each application for a Zoning Permit shall include a drawing of the proposed sign showing the following information:
(1) Name and address of the owner of the sign.
(2) Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.
(3) The type of sign or sign structure as defined in this Ordinance.
(4) A site plan with dimensions showing the proposed location of the sign with the measurements from all property lines along with the location of all existing signs and buildings on the same premises and adjacent roadways.
(5) A drawing of the proposed sign showing the following specifications: dimensions, height, design, copy, illumination and construction details (materials, structural supports and electrical components of the proposed sign).
(6) Computations showing total number and area of existing and proposed signs on the lot.
(d) Signs for which a permit is required may be inspected periodically by the Zoning Administrator for compliance with this and other codes of the Municipality.
(e) If a sign is installed, constructed or maintained in violation of any of the terms of this Ordinance, the Zoning Administrator shall notify the owner or lessee thereof to alter such sign so as to comply with this Ordinance. Any owner, lessee or sign contractor who installs a new sign without a permit is subject to three times the normal fee schedule.
(f) The Zoning Administrator may order the removal of any sign erected or maintained in violation of this Code. The Zoning Administrator shall give 15 days notice in writing to the owner of such sign, or of the building, structure, or premises on which such sign is located, to remove the sign or to bring it into compliance. The Zoning Administrator may remove a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.
(g) A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it, the Zoning Administrator shall give the owner 15 days written notice to remove it. Upon failure to comply with this notice, the Zoning Administrator or his duly authorized representative may remove the sign at cost to the owner.
(h) Appeals may be made to the Zoning Board of Appeals by the same rights and procedures governing other zoning appeals. Appeals shall be reviewed by the Zoning Administrator which shall advise the Board of its findings.
(Ord. 11-07. Passed 7-18-07.)
1183.01 GENERAL REQUIREMENTS.
It is the purpose of this chapter to regulate land use by providing adequate space for off- street parking, loading and maneuvering for all principal and accessory uses. The following provisions are intended to provide safe ingress and egress to all lots, minimize traffic congestion, limit on-street parking and reduce noise and visual impact of vehicular movement and loading activities.
(a) No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of the Zoning Ordinance.
(b) The provisions of this chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements, there shall be provided as many of such spaces as may be required by the Zoning Ordinance.
(c) Whenever a building or structure constructed after the effective date of the Zoning Ordinance is changed or enlarged in floor area, number of employees, number of housing units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change, provided whenever a building or structure existing prior to the effective date of this ordinance is enlarged to the extent of fifty percent (50%) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, such building or structure shall then and thereafter comply with the full parking requirements set forth herein.
(Ord. 11-07. Passed 7-18-07.)
1183.02 PARKING SPACE DIMENSIONS.
A parking space shall have minimum rectangular dimensions of not less than ten feet in width and twenty feet in length for ninety degrees parking, nine feet in width and twenty-three feet in length for parallel parking, ten feet in width and twenty-one feet in length for sixty degree parking, and twelve feet in width and twenty feet in length for forty-five-degree parking. All dimensions shall be exclusive of driveways, aisles, and other circulation areas. Width dimensions are measured parallel to aisles or drives. Length dimensions are measured along the angle of the side of the parking space. The number of required off-street parking space is established in Section 1183.25. (Ord. 11-07. Passed 7-18-07.)
1183.03 LOADING SPACE REQUIREMENTS AND DIMENSIONS.
A loading space shall have minimum dimensions of not less than twelve feet in width, fifty feet in length, exclusive of driveways, aisles, and other circulation areas, and a height or clearance of not less than fifteen feet. One off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having a modified gross floor area of up to 5,000 square feet. One loading space shall be provided for each additional 10,000 square feet or fraction thereof. No loading spaces shall be located in a front yard.
(Ord. 11-07. Passed 7-18-07.)
1183.04 PAVING.
The required number of parking and loading spaces as set forth in this chapter, together with driveways, aisles, and other circulation areas, shall be improved with an acceptable impervious material (e.g. asphalt, concrete, or tar and chip) to provide a durable and dust-free surface. (Ord. 11-07. Passed 7-18-07.)
1183.05 DRAINAGE.
All off-street parking and loading areas and driveways for multi-family and non-residential uses shall be graded to drain all surface water towards the interior of the parking lot. An internal storm drainage system shall be provided and connected to the nearest outlet subject to regulations and approval of the Village Engineer. Concrete curbs may also be required as part of the overall drainage design for all or part of the parking lot or driveway perimeter.
(Ord. 11-07. Passed 7-18-07.)
1183.06 MAINTENANCE.
The owner of property used for parking and/or loading shall maintain such area in good condition so that it is safe, clean, dust-free, attractive and free of any hazard, holes, trash, debris, nuisance or other unsafe condition. Striping for parking spaces shall be maintained in good condition. (Ord. 11-07. Passed 7-18-07.)
1183.07 LIGHTING.
Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property or the public right-of-way. Lighting fixtures whose hood, lens or combination thereof allow no direct beams of light from the fixture to be seen from off the property shall be employed.
(Ord. 11-07. Passed 7-18-07.)
1183.08 LOCATION OF PARKING SPACES.
The following regulations shall govern the location of off-street parking spaces and areas:
(a) Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve. All such spaces shall have a minimum width of ten feet and a maximum width of twenty feet, and shall be either paved or stoned. No residential parking on lawns or rights-of-way shall be permitted.
(b) Parking spaces for commercial, industrial, or institutional uses may be located within 700 feet on a lot other than the lot containing the principal use with the approval of the Board.
(c) Parking spaces for apartments, dormitories, or similar residential uses may be located within 300 feet on a lot other than the lot containing the principal use with the approval of the Board.
(Ord. 11-07. Passed 7-18-07.)
1183.09 SCREENING AND LANDSCAPING; PARKING AREA CAPACITY.
(a) Whenever a parking area is located in or adjacent to a residential district it shall be effectively screened on all sides which adjoin or face any property used for residential purposes, by an acceptably designed wall, fence, or planting screen. Such fence, wall or planting screen shall be not less than four feet nor more than six feet in height and shall be maintained in good condition without any advertising thereon. The space between such fence, wall, or planting screen, and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition.
(b) All off-street parking and loading facilities shall be accompanied by a detailed landscaping plan to be reviewed and approved by the Zoning Administrator. The Zoning Administrator may seek review and recommendation from the Planning Commission. The purpose of requiring landscaping is to help reduce glare and heat buildup, to promote interior islands and walkways for pedestrian safety and traffic separation, to visually break up large expanses of pavement, and to buffer adjacent uses from parking lots.
(c) No one area for off-street parking of motor vehicles shall exceed forty cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by ten- foot planting strips.
(d) Landscaping shall be required along all road frontage.
(e) Depth of the landscaping strip shall be a minimum of 15 feet or 50 percent of the required minimum yard depth, whichever is greater.
(f) Landscaping shall consist of natural materials such as plantings, mounding, stone, walls or fences of wood, decorative stone or masonry.
(g) Landscaping shall not obstruct visibility and shall be maintained at a height not to exceed 42 inches within five feet of any street or road right-of-way.
(Ord. 11-07. Passed 7-18-07.)
1183.10 REQUIRED TRASH AREAS.
(a) All commercial, industrial, and multi-family residential uses that provide trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning Commission shall be required.
(b) A trash receptacle area, when provided, shall be in a designated location that does not interfere with any aisle, driveway, parking space, loading space or other circulation area.
(c) Except in "C-2," Village Center Commercial District, such trash receptacle areas shall not be located in any required yard or set back.
(d) Trash areas shall be designated on the plans and be exclusive of normal parking area requirements. The location of this area shall be shown on the site plan with proper loading and maneuvering space and for the purpose of location, shall be treated as an accessory structure. The location of such areas shall be approved by the Commission along with proper screening and/or landscaping as described in Section 1183.09. All trash receptacles shall be maintained according to the requirements of the Board of Health.
(Ord. 11-07. Passed 7-18-07.)
1183.11 DISABLED VEHICLES.
Outdoor storage of inoperable, unlicensed and unused motor vehicles or trailers or parts thereof on the premises, for a period in excess of seven (7) days is prohibited. Said vehicles stored on the premises must be stored within a garage or other accessory building so as not to be visible from any adjoining property, public road or alley. At no time is parking on a grass or lawn area permitted. All vehicles must be parked in an area designated and designed for vehicle parking. Such vehicles shall not be used for storage or other purposes unless enclosed within a building on the premises. No business shall be conducted in connection therewith while such vehicle is parked or stored. (Ord. 47-2024. Passed 12-4-24.)
1183.12 MINIMUM DISTANCE AND SETBACKS.
(a) No part of any parking area for more than ten vehicles shall be closer than twenty feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a one- family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than five feet to any established street or alley right-of-way.
(b) For residential uses, access drives shall have a minimum side yard of three feet from the boundary lines of adjoining properties. For non-residential uses, access drives shall have a minimum side yard requirement of 25 feet and a minimum rear yard requirement of 40 feet. The wall or hedge required in Section 1183.09 hereof shall be set back from each street, the same as if it were a building wall, so as to observe the front yard requirements of this Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1183.13 JOINT USE.
Two or more non-residential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the Planning Commission shall be filed with the application for a zoning permit.
(Ord. 11-07. Passed 7-18-07.)
1183.14 WHEEL STOP DEVICE.
Whenever a parking lot extends to a property line, sidewalk, planting strip or building, a wheel stop device, consisting of concrete stops, a permanent concrete curb, an expanded sidewalk, or other suitable restraint, shall be installed to prevent any part of a parked motor vehicle from extending beyond the property line, overhanging a pedestrian circulation way or sidewalk, or damaging any structure or landscaping. Minimum height shall be five inches and the minimum length six feet. A wheel stop device shall not be required where a guardrail or other suitable barrier is provided to prevent intrusion into a protected area.
(Ord. 11-07. Passed 7-18-07.)
1183.15 DRIVEWAYS.
(a) Size: Driveways serving individual parking spaces shall be not less than twenty- five feet wide for ninety degree parking, twelve feet wide for parallel parking, eighteen feet wide for sixty degree parking and thirteen feet for forty-five degree parking.
(b) Surface: New or improved driveways shall be constructed with a durable, hard surface such as concrete, asphalt, or comparable material.
(c) Side Setback: Driveways shall have at least a five-foot setback from all side property lines, except where driveways are shared between two or more property owners.
(d) Public Street Intersection Setbacks: Driveway curb cuts shall be setback at least 30 feet from the nearest intersection of a public street or alley.
(e) Time of Construction: Driveways shall be constructed not later than one year following occupancy.
(f) Circular Driveway: A minimum lot width of 150 feet shall be required for lots which contain circular or U-shaped (horse shoe) driveways.
(g) Driveway Aprons: All driveway aprons shall be paved to a depth of six inches.
(Ord. 11-07. Passed 7-18-07.)
1183.16 ACCESS AND ACCESS DRIVES.
(a) Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access of driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
(b) Access drives shall be designed to provide no more than general egress and ingress to the parking lot. The number and location of access drives shall be subject to review and approval by the Planning Commission for the purpose of eliminating traffic congestion on the public streets, and for the purpose of promoting proper internal circulation within the off-street parking area. (Ord. 11-07. Passed 7-18-07.)
1183.17 ALLEY INGRESS AND EGRESS.
There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases, leading to the parking or storage or loading or unloading spaces required hereunder for multiple dwellings and nonresidential uses.
(Ord. 11-07. Passed 7-18-07.)
1183.18 SIGNS.
The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards:
(a) For one-way traffic, the minimum width of fourteen feet except for forty-five degree parking in which case the minimum width of the access road shall be seventeen feet.
(b) Access roads for two-way traffic shall have a minimum width of twenty-five feet. Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway.
(Ord. 11-07. Passed 7-18-07.)
1183.19 STRIPING AND MARKING.
All parking areas with a capacity greater than five vehicles shall be striped with double lines six inches both sides of center between stalls to assure approved utilization of space, direction of traffic flow and general safety. Parking spaces for the handicapped shall be reserved and designated with a standing sign (not painted on the pavement), displaying the symbol of accessibility. (Ord. 11-07. Passed 7-18-07.)
1183.20 HANDICAPPED PARKING.
(a) Parking spaces shall be provided for the disabled and handicapped for all public, semi-public, commercial and industrial buildings. The number of spaces which shall be reserved are one accessible space per 10 total lot parking spaces up to 20 total lot parking spaces plus one for each 25 total lot parking spaces (above the first 25 spaces) for the first 100 spaces and one additional space for each 50 spaces thereafter.
(b) Parking spaces and loading zones shall be located on the shortest possible circulation route to an accessible entrance. In stand-alone parking structures, or lots that do not serve a particular building, parking spaces shall be located on the shortest possible circulation route to an accessible pedestrian entrance of the parking facility.
(c) Parking spaces shall be at least 96 inches wide and shall have an adjacent access aisle 48 inches wide minimum. Parking access aisles shall be part of the accessible route to the building or facility entrance and shall comply with applicable sections of the Ohio Basic Building Code. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clearance of an accessible circulation route.
(d) Curb ramps shall be required for handicapped access. Minimum width shall be 36 inches with a maximum ramp slope of 1:10.
(Ord. 11-07. Passed 7-18-07.)
1183.21 DRIVE-UP STACKING AREA.
Any use having a drive-up window shall provide a stacking area on site to minimize off-site traffic congestion while waiting for service. A detailed site plan shall be supplied to the Planning Commission for its review and approval.
(Ord. 11-07. Passed 7-18-07.)
1183.22 MANEUVERING.
Every parking and loading space shall have sufficient access and maneuvering area. The maneuvering area for a parking space may occur anywhere on a parcel except within the required minimum front, side and rear setback area. It may include an aisle or circulation area. For one- family and two-family residences, it may include a driveway, street or parking space.
(Ord. 11-07. Passed 7-18-07.)
1183.23 PARKING LOT REQUIREMENTS.
(a) Location and Paving:
(1) Single-family and two-family residence parking shall be on the driveway, garage apron, or similar all-weather paved surface, directly adjacent to the driveway, and not on the front lawn nor other front yard landscaped open space not designed for parking.
(2) All other use parking shall be on all-weather paved parking lots, which lots are set back from property lines, except where they are interconnected across property lines, to allow space for landscaped areas and screening made up of fences, landscaping, or combinations thereof.
(3) Paving shall normally consist of concrete, asphalt, or paver brick, which surfaces shall be maintained to keep them from deterioration which affects drainage flow or generates dust.
(4) Landscaped areas around parking lots and along residential drives measured to the property line shall be no less in width than the smallest side or rear yard space required by the zoning district for accessory structures, but in no case less than five feet. For the purposes of this regulation, perimeter driveways, and queuing or service lanes shall be considered parking lots and subject to providing a landscaped area, and screening as set forth in (b) following.
(b) Screening.
(1) Within the landscape area defined in the section preceding, for all uses other than single-family and two-family residence drives, but including such residences in the yard where a boat or recreational vehicle is legally parked, there shall be provided continuous screening to a height of no less than three feet, which screening shall consist primarily of landscaping such as hedges, shrubs, mounded flower beds, and trees, but may also include fences in combination with landscaping.
(2) Outdoor Product Display: Uses which utilize outdoor display of products sold on the premises such as auto sales shall not be exempt from this requirement, but the Planning Commission may permit grouping of the screening, along the street property line, to allow for corridors of less obstructed view of the product.
(Ord. 11-07. Passed 7-18-07.)
1183.24 PRIVATE RESIDENTIAL PARKING.
(a) Occupant and Guest Parking: Open parking of cars accessory to a residence use shall be limited to those actually used by the residents, or for the temporary parking of vehicles of house guests.
(b) Inoperable or unlicensed motor vehicles may not be kept on a residential lot unless parked in a garage.
(c) No more than one private detached garage structure accessory to a residence shall be permitted on a lot in addition to one attached garage.
(Ord. 11-07. Passed 7-18-07.)
1183.25 PARKING SPACE REQUIREMENTS.
For the purpose of the Zoning Ordinance, the following parking space requirements shall apply:
TYPE OF USE | PARKING SPACES REQUIRED |
(a) Residential. | |
Single-family or two-family dwelling | Two for each unit |
Apartment hotels, apartments, or multi- family dwellings | Two for each unit |
Boardinghouses, rooming houses, dormitories, and fraternity houses which have sleeping rooms. | Two for each sleeping room or Two for each permanent occupant |
Mobile homes | Two for each unit |
(b) Commercial. | |
Motor Vehicle Service/Repair | One for each two gasoline pumps and two for each service bay. |
Hotel, motels | One per each sleeping room plus one space for each two employees |
Barber shops, beauty parlors and health salons | One for each 75 square feet of floor area |
TYPE OF USE | PARKING SPACES REQUIRED |
Personal services other than barber shops, beauty parlors, and health salons and professional activities other than medical and dental offices and clinics | One for each 150 square feet of floor area with a minimum of four spaces required |
Carry-out, shopping center or business service establishment except as otherwise specified herein | One for each 150 square feet of gross floor area plus one for each 2 employees on the maximum work shift |
Printing or plumbing shop or similar service establishment | One for each person employed therein plus one for each 150 square feet of floor area with a minimum of four spaces required plus space to accommodate all trucks and other vehicles used in connection therewith |
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service or similar establishment | Two plus one additional for each 200 square feet of floor area over 1,000 square feet with a minimum of four spaces required plus space to accommodate all trucks and other vehicles used in connection therewith |
Animal Care Facilities, Kennels, Boarding of livestock and domestic pets | One for every 200 square feet of gross floor area |
Auction/Market, Flea Market | One for every 200 square feet of gross floor area or outdoor sales area |
Motor Vehicle, Agricultural Implement, Recreational Vehicle, or Manufactured Home Sales | One for every 5,000 square feet of lot area and one for every 300 feet of gross floor area |
Self-Service Storage Facility | Two for on-site manager or office employees |
All other retail stores | One for each 250 sq. ft. of floor area |
Banks, financial institutions and similar uses | Five parking spaces, plus one additional space for each 400 square feet of floor area in excess of 1,000 square feet |
Offices, public or professional administration, or service buildings | Four parking spaces, plus one additional space for each 400 square feet of floor area in excess of 1,000 square feet |
All other types of business or commercial uses permitted in any commercial district. | One for each 300 sq. ft. of floor area |
(c) Recreational, Entertainment and Related Business. | |
Dining rooms, restaurants, taverns, night clubs, etc | One for each 75 sq. ft. of floor area |
TYPE OF USE | PARKING SPACES REQUIRED |
Banquet/Recreational Hall | One for every 200 square feet of gross floor area |
Bowling Alleys | Four for each alley or lane plus one additional space for each 100 sq. ft. of the area used for restaurant, cocktail lounge, or similar use. |
Dance floors, skating rinks | One for each 100 sq. ft. of floor area used for the activity. |
Outdoor swimming pools, public or community or club | One for each five persons capacity plus one for each four seats or one for each thirty sq. ft. of floor area used for seating purposes, whichever is greater. |
Theaters or Auditoriums (except school auditorium), sport arenas, stadium, gymnasium, conference room, and similar uses | One for each five seats or each ten lineal feet of bench seating spaces, or one for every 30 square feet of gross floor area, whichever is greater |
Assembly or Exhibition Halls without fixed seats | One for each 75 square feet of floor area |
Private club, golf club, or lodge or similar establishment | One for each five members |
Health Spa | One for every 300 square feet of floor area |
Commercial Golf Course | 40 for each nine holes plus one for each employee |
Tennis Courts/Racquet Clubs | Two for each court |
Campground | 1.5 spaces for each site |
Community Center, Church Social Center, Libraries, museums and art galleries | Ten plus one additional for each 300 square feet of floor area in excess of 2,000 square feet |
(d) Institutional, Healthcare and Related Businesses. | |
Churches and other places of worship | One for each four seats in primary assembly area |
Hospitals | One for each bed. |
Assisted Living Facility | One for every two beds. |
Adult Day Care | One for every 300 square feet of gross floor area. |
TYPE OF USE | PARKING SPACES REQUIRED |
Sanitariums, homes for the aged, nursing homes, children homes, or similar institutions. | One for each two beds. |
Medical and dental offices and clinics | One for every 125 sq. ft. of floor area of examination, treating room office, and waiting room, with a minimum of four spaces required. |
Funeral parlors, mortuaries and similar type uses | One for each 50 sq. ft. of floor area in slumber rooms, parlors or service rooms. |
(e) Schools (Public, Parochial or Private). | |
Elementary and Junior High Schools | Two for each classroom and office and one for every five seats in auditoriums or assembly halls. |
Senior High Schools | One for every three students and one for each teacher and employee. |
Business, technical and trade schools | One for each two students. |
Colleges, universities | Two for each classroom and office plus one for each three students. |
Kindergartens, child care center, nursery schools, and similar uses | Two for each classroom but not less than six for the building. |
(f) Industrial. | |
All types of manufacturing, storage and wholesale uses permitted in any industrial district | One for every two employees (on the largest shift for which the building is designed) plus one for each motor vehicle based, for operational purposes, upon the premises, plus one for each 5,000 square feet of gross floor area. |
Cartage, express, parcel delivery, and freight terminals | One for every two employees (on the largest shift for which the building is designed) and one for each motor vehicle maintained on the premises. |
(Ord. 11-07. Passed 7-18-07.)
1183.26 PARKING AND STORAGE OF VEHICLES AND TRAILERS.
(a) No commercial vehicles, as herein defined, or other vehicle which infringes on the residential character, shall be stored or parked in a residential district, excluding vehicles which are stored in an enclosed building or vehicles used in agriculture which are an integral part of an on-site agricultural business. Infrequent, short term parking, during the day, of a commercial vehicle for conveying tools and materials to the premises, for use on the premises, or the delivery or moving of goods to or from a dwelling unit is exempt from this section.
(b) Recreational vehicles, that is, vehicles utilized for recreational purposes, including all-terrain vehicles, racing vehicles, campers, boats, boat trailers and utility trailers, may be parked or stored on driveway in front yard of any residential district. The aforementioned may be stored in the rear or side yard, but shall be a minimum of three feet from the lot line.
(c) Truck tractors and/or truck trailers shall not be parked, except for making deliveries, in any residential or commercial districts.
(d) No inoperable vehicle shall be parked within a residential district for a period of more than 7 days, but may be stored in an enclosed building providing no business is conducted in connection therewith while such vehicle is parked or stored.
(e) Recreational and utility equipment parked or stored may have fixed connections to electricity, water, gas or sanitary sewer facilities, but at no time shall this equipment be used for living or housekeeping purposes.
(f) On one lot there shall be no more than two pieces of equipment parked or stored outside. A mounted piece of equipment is construed as one piece; disassembled as two pieces.
(g) Recreational vehicles shall not be permitted to be parked on any residential street, alley, or village right of way.
(h) Recreational vehicles and utility equipment parked or stored are required to be properly licensed and registered.
(i) No parked recreational vehicle shall be visually impairing to traffic.
(Ord. 35-16. Passed 12-21-16.)
1183.27 GENERAL INTERPRETATIONS.
In the interpretations of this chapter, the following rules shall govern:
(a) Parking spaces for other permitted or conditional uses not listed in this chapter shall be the same as that required for a similar use.
(b) Fractional numbers shall be increased to the next whole number.
(c) "Floor area" shall mean the gross floor area of the specified use. The outside wall dimensions shall be used in determining the area of a structure.
(Ord. 11-07. Passed 7-18-07.)
1183.28 PLOT PLAN REVIEW.
Whenever six or more vehicles are required for a given use under the requirements of this chapter, plans and specifications for the construction or alteration of an off-street parking area shall be submitted to the Zoning Administrator before a zoning permit can be issued. Such plans and specifications should show the location, basis and capacity calculation, size, site design, surfacing, marking, lighting, drainage, curb cuts, entrances, exits, and any other detailed feature essential to the complete design and construction of the parking area.
(Ord. 11-07. Passed 7-18-07.)
1185.01 PURPOSE.
To permit a reduction in lot dimensions, yards, building setbacks, and area requirements in order to achieve a more useful pattern in open space and recreation areas accessible to the majority of the living units; to achieve a more efficient use of land than is generally derived through conventional development resulting in substantial savings through shorter utilities and streets; to encourage a development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns. For the purpose of conserving land through more efficient allocation of private lots, multi-family dwelling units, common grounds and other non-residential uses, promoting efficiency in providing public utility services and receiving the benefits of new techniques of community development and renewal, the process of planned unit development shall be established for all districts. Planned Unit Development is discretionary and may be initiated by the applicant.
(Ord. 11-07. Passed 7-18-07.)
1185.02 DESCRIPTION.
Planned Unit Developments may be residential, commercial, or industrial developments, or they may be combinations of uses, such as residential and commercial, commercial and industrial or a combination of uses in a business park. The minimum site area for a residential development shall be five net acres; for a commercial development, five net acres; for an industrial development, 25 net acres; and for a business park, 25 net acres. If a combination of uses is proposed, a residential-commercial development shall have a minimum of 25 net acres and a commercial-industrial development, a minimum of 30 net acres. Net acres is defined as total acreage of a parcel less public rights-of-way and easements. In residential-commercial combination developments, the amount of land devoted to commercial usage shall not exceed 12.5 percent of the total land area of the development. All Planned Units must be arranged progressively in relation to the zoning of the area abutting. The Planning Commission may recommend and the Village Council may approve reduction in the area of a Planned Unit Development for those sites which are isolated by natural or man-made barriers or by existing development so that additional land is not available for inclusion in the new development. All planned developments shall be platted in accordance with applicable subdivision rules and regulations.
(Ord. 11-07. Passed 7-18-07.)
1185.03 PROCEDURE.
(a) Application: The development plan shall be submitted and processed in accordance with these regulations and shall meet the requirements for site plan review.
(b) Amendments: After the final development plan has been approved by Village Council, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents. Minor changes as defined herein, are allowed, provided such requests conform to the standards established by the final development plan and this Ordinance. A major change as defined herein, shall require review and recommendation by the Planning Commission and approval by Village Council. A major change is any change which would constitute a significant alteration in the basic plan design or result in a use different from those originally intended. A major change is any change that does not meet the criteria under a minor change, as herein described. Minor changes or revisions may be approved by the Village Administrator but shall be limited to the following:
(1) Adjustments to the size and location of buildings, swimming pools, and other on-site structures so long as:
A. They do not result in an increase in the number of units over and above those that the plan covers;
B. They do not encroach materially into the established setback areas;
C. They do not encroach into the designated parking areas to the extent that would necessitate an alteration in the layout of the access drives or provisions for additional parking spaces; and
D. They do not create a larger building mass either through an increase in their height or length that would magnify their effect on the adjoining areas.
(2) Alterations to the proposed drives and/or parking areas so long as they do not encroach into building areas or specified recreation areas.
(3) Adjustments in the size and location of development identification signs.
(Ord. 11-07. Passed 7-18-07.)
1185.04 RESIDENTIAL DISTRICTS: PLANNED UNIT DEVELOPMENTS.
In residential districts, Planned Unit Developments may be permitted as follows:
(a) No more than 45 percent of gross parcel acreage shall be devoted to coverage by buildings, street pavement, motor vehicle driveway pavement, and parking area pavement.
(b) No less than 10,000 sq. ft. or 10 percent of the net parcel acreage whichever is greater, none of which shall be a part of any yard, shall be allocated to consolidated parkland and/or recreation areas. Such open space land or recreational facilities shall be held in corporate ownership by the owners of the project area building sites, and the developer shall incorporate into the protective covenants and/or deed restrictions, a clause giving an interest in such land to each owner who buys property within the development.
(c) A yard setback of 35 feet shall be maintained on all perimeter parcels of the Planned Unit Development.
(d) The maximum number of dwelling units permitted in the Planned Unit Development shall be calculated by dividing the net residential acreage by the minimum lot area per dwelling unit as shown for the underlying zoned district. For purposes of this calculation, net residential acreage equals 80 percent of the gross parcel acreage, and gross parcel acreage is the total parcel area excluding public rights-of-way and flood plain. The minimum number of Development Units as calculated above may be modified subject to approval by the Village Planning Commission and the Village Council.
(e) Street lighting of the type specified by Village Officials, shall be installed in the adjacent street right-of-way between curb and sidewalk at spacings determined to be sufficient for adequate lighting of the street area. In no case shall a lamp post be closer than 10 feet to any driveway.
(f) Easements for underground utilities, i.e. electric, gas, water, sanitary, storm sewers, telephone, cable television, etc., shall have a minimum width of 10 feet and shall be free of structures or other obstructions that would inhibit access for the purpose of repair or maintenance of said systems. Location of above easements are subject to approval of related utilities and shall show on all final plat drawings and legal descriptions of property.
(Ord. 11-07. Passed 7-18-07.)
1185.05 RESIDENTIAL DISTRICTS; ZERO LOT LINE DEVELOPMENTS.
(a) To provide maximum flexibility for the development of residential lots within zero lot line developments, the dimensional requirements may be reduced to no less than the following dimensions:
TABLE 1185-01
Minimum Dimensions for Zero Lot Line Developments
Minimum Lot Width | Minimum Lot Area 1 | Minimum Yard (in feet) | ||
Dwelling | Per Family | Per Family | Front | Rear |
Single or Two Family | 45 feet | 5,000 sq. ft. | 35 | 0 |
Multi Family | 24 feet | 2,400 sq. ft. | 35 | 0 |
Minimum Yard Width (in feet) | Maximum Height of Buildings | |||
Dwelling | Either Side | Sum of Side Yards | Stories | Feet |
Single or Two Family | 0 to 10 | 10 | 2 | 35 |
Multi Family | 0 to 10* | 10* | 2 | 35 |
Foot note: 1 Reductions below minimum requirements of Village Subdivision Regulations shall require approval by the Village Planning Commission and Village Council
* Applies to each end unit
(b) Minimum Requirements.
(1) Maximum lot coverage of structures (as defined in Section 1185.04(a) shall not exceed 45 percent of net acreage.
(2) Minimum Yard area, exclusive of structures, is 600 square feet.
(3) The opposite side yard set back of greater than 10 feet shall contain no permanent structures.
(4) Walls of structures along the zero lot line setback must not contain any windows, doors, or openings of any kind.
(5) The provisions of the following shall govern as to the rights and obligations of occupants of lots respecting side yard easements. For purposes of definition, the "subservient tenement" is defined as the property providing a side yard easement. The "dominant tenement" is defined as the property adjoining benefiting from the easement.
A. A five foot maintenance easement shall exist along all zero lot lines exclusive of lots which share a common zero lot line wall.
B. Lots subject to this easement will be set forth as an appropriate reservation grant in the deed to the dominant tenement.
C. The easement shall be maintained by the owners or occupants of the subservient tenement as open space, landscaping or as a garden and shall be retained in a manner not to restrict its use by the owners or occupants of the dominant tenement.
D. The owners or occupants of the dominant tenement shall have a limited, nonexclusive right to use and occupy the side yard easement for purposes of maintenance, repair or replacement of the structure. Ingress and egress will be provided without limitation for these purposes. Owners and occupants of the dominant tenement shall be responsible for all damage to the subservient tenement which may restrict the use and enjoyment of the side yard. This responsibility extends to maintenance of the exterior walls of the structure which shall be maintained and retained in a manner compatible with the subservient tenement.
E. The owners and occupants of the subservient tenement shall be limited to the use of the easement for purposes described in this section. The owner or occupant of the subservient tenement shall be responsible for any damage to the structure of the dominant tenement which is caused by the negligence of the owner or occupant of the subservient tenement or by persons entering on the subservient tenement with consent of the owner or occupant.
(Ord. 11-07. Passed 7-18-07.)
1185.06 COMMERCIAL DISTRICTS; PLANNED UNIT DEVELOPMENTS.
In Commercial Districts, a planned unit development may be permitted in accordance with the provisions of the Village Zoning Code and is subject to all limitations as set forth therein.
(a) Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. In planning these groups of buildings or establishments, no yard space will be required between uses within the groups; however, the yard requirements must be observed at the edge of the complete development. Planting screens or fences as provided elsewhere in this ordinance shall be required.
(b) Off-street parking and loading requirements shall be observed as required; however, group parking is recommended so long as the number of spaces provided is equal to the required number of spaces required for each use to be developed.
(c) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining and surrounding existing or potential developments.
(d) The ground area occupied by all the buildings shall not exceed in the aggregate 24 percent of the total area of the lot or tract.
(Ord. 11-07. Passed 7-18-07.)
1185.07 INDUSTRIAL DISTRICTS: PLANNED UNIT DEVELOPMENTS.
In Industrial Districts, a planned unit development may be permitted as follows:
(a) Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping or groupings in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order that those thoroughfares which are constructed may be built to the highest possible standards.
(b) Certain types of commercial uses, such as a restaurant, central secretarial or stenographic pool, or other business service type uses, repair services, or clinics that form a small commercial center to serve the needs of the industries or their personnel, may be permitted in a planned industrial area.
(c) Off-street parking and loading areas shall conform to the provisions of this Ordinance and all screening requirements shall be observed.
(d) No building shall be less than 75 feet distant from any boundary of the tract on which the office, research, or industrial development is located. All intervening spaces between the street pavement and the right-of-way line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
(Ord. 11-07. Passed 7-18-07.)
1187.01 PURPOSE.
The general regulations as set forth herein shall apply to all districts, unless otherwise noted herein. Where the requirements of a general regulation and a district regulation differ, the more specific requirement shall prevail.
(Ord. 11-07. Passed 7-18-07.)
1187.02 CONFORMANCE REQUIRED; NON-PERMITTED USES.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than that specifically permitted in the district in which such building or land is located. The Zoning Board of Appeals may issue conditional certificates for any of the conditional permitted uses under the conditionally permitted uses section of any districts.
(Ord. 11-07. Passed 7-18-07.)
1187.03 GENERAL LOT AREA REGULATIONS.
No parcel of land shall hereafter be so reduced or divided so as to provide less than the minimum lot size required in the district in which such land is situated.
(a) Minimum Lot Area. The minimum lot without central water and sewer services shall be one acre per family for single-family dwellings unless a larger lot size is required by the Wood County Health Board due to soil conditions.
(b) Lot Area Exception for Certain Existing Substandard Lots. Any lot or parcel of land under one ownership and of record at the time of adoption of the Zoning Ordinance, and where no adjoining land was under the same ownership on such date, may be used as a building site even when of less area or width than that required by the regulations for the district in which located.
(c) Corner Lots. The setback building line on a corner lot shall be in accordance with the provisions governing the road or street on which the building faces. The side yard clearance on the side street shall be not less than thirty-five feet from the right-of-way line.
(d) Streets. No new streets or roads shall be permitted to be constructed, neither shall the same be accepted as public roads, in a residential district which will permit any already existing structure to remain in non-compliance with the setback building requirements outlined in this or any other section of the Zoning Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1187.04 GENERAL YARD REQUIREMENTS.
Except as herein provided, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by the Zoning Ordinance.
(a) Yard for Single Building. No required yard or other open space around a building shall be considered as a yard to open space for any other building. No required yard or other required open space on an adjoining lot shall be considered as providing the yard or open space on the lot whereon a building is to be erected or established.
(b) Yard Exceptions: Requirements.
(1) Fences, hedges and walls. In all districts, except industrial, fences, hedges and walls may be constructed to a maximum height of six feet in any required side or rear yard beginning at the building lot line and to a height of three feet in any required yard abutting a street. A fence post shall be placed on owners' property, six inches from the property line. The unfinished side of the fence to face owners' property. A two-foot clearance shall be required along public rights-of-way.
(2) One-story garages as accessory buildings. In residential districts, one-story detached garages or other one-story accessory buildings may be located five feet from side and rear property lines and twenty feet to the back of the principal building. Such one-story accessory building may acquire the equivalent of two-thirds of the living space of the principal dwelling, but shall not exceed 850 square feet. Accessory buildings or garages shall not exceed the above-ground height of the principal building, or twenty feet which ever is the lesser.
(3) Use of front yard. Front yards in all districts shall be landscaped and no parking shall be permitted thereon.
(Ord. 11-07. Passed 7-18-07.)
1187.05 REAR HOUSES.
(a) This section is not applicable to multiple-family development.
(b) Rear houses shall not be permitted in single-family residential districts. No apartment house shall be erected or altered or used unless the same shall have access to a public street and, if located in the rear of another building and has no immediate street frontage, then a permanent easement for access shall be provided over an unoccupied strip of land at thirty feet in width and such reserved strip may not form a part of any lot width or lot yard or lot area required by the Zoning Ordinance, and, if more than one dwelling is located in the rear of another building and has no immediate street frontage, then such easement for access shall be not less than sixty feet in width and each additional rear house shall be subject to the same requirements for frontage on the easement for access and other requirements for lot and yard areas as though such dwelling was located on a public street. The easements shall be executed with the requirements provided by law for deeds and shall be filed with the Recorder of this County for record.
(Ord. 11-07. Passed 7-18-07.)
1187.06 BUILDING REGULATIONS.
(a) Alterations. No building or other structure shall hereafter be erected or structurally altered:
(1) To exceed the height required.
(2) To accommodate or house a greater number of families than that permitted by the provisions of the Zoning Ordinance.
(3) To occupy a greater percentage of lot area than permitted.
(4) To have narrower or smaller rear yards, side yards, front yards or lot width at the building line than those permitted in the Zoning Ordinance.
(b) Principal Buildings.
(1) No more than one principal building shall be permitted on any lot.
(2) Nothing in this Zoning Ordinance shall be deemed to require any change in plans, construction, or designated uses of any building upon which actual construction has lawfully begun prior to the adoption of this Zoning Ordinance and provided construction is prosecuted diligently and provided further that such building shall be completed within one year from the date of passage of the Zoning Ordinance.
(c) Building Permits or Zoning Certificates. No building permit or zoning certificate shall be issued without evidence that the Wood County Health Board has approved the proposed sanitary sewage disposal and water facilities for the use for which the zoning certificate has been requested.
(d) Minimum Living Floor Area Per Single-Family Dwelling Units.
(1) One story building. The minimum for a single-family dwelling without a basement shall be 900 square feet of living area. The minimum with a basement shall be 900 square feet of first floor living area.
(2) One and one-half story buildings. The minimum for a single-family dwelling shall be 768 feet of first floor living area, and a total of not less than 1,152 feet of living area on both floors. The floor area over which the finished ceiling is less than six and one-half feet from the finished floor shall not be counted in the total living space area.
(3) Two-story buildings. The minimum for single-family dwellings shall be 720 square feet of first floor living area, and a total of not less than 1,080 square feet of living space area on both floors.
(4) Multi-level buildings. The minimum for a single-family dwelling shall be 1,296 square feet of living space area, with a minimum lot coverage of 900 square feet.
(e) Frontage Required for Building. No principal building or group dwelling shall be erected on a lot which does not abut on a street of record.
(f) Temporary Buildings. Temporary buildings or uses for purposes incidental to construction work shall be permitted provided such buildings or uses shall not be continued as permanent structures or uses. The period during which such temporary buildings are to be permitted shall be no greater than the date of substantial completion of construction plus thirty days. The permit for such period shall be issued by the Zoning Board of Appeals.
(g) Erosion and Sedimentation Control During Construction. A plan for erosion and sedimentation control during and after construction shall be included with all other plans upon application for a zoning permit for subdivision of five acres or twenty dwelling units and all commercial and industrial development of five acres or more. The following principles shall be followed in developing and carrying out the plan:
(1) The smallest practical area of land should be exposed at any one time during development.
(2) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(4) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
(5) Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(6) The permanent final vegetation and structures shall be installed as soon as practical in the development.
(7) The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible, natural vegetation should be retained and protected.
(Ord. 11-07. Passed 7-18-07.)
1187.07 SUBMISSION OF PLANS.
(a) Action by the Planning Commission and the Applicant. Application for developments in all multi-family, commercial (business) and industrial districts, shall be reviewed by the Planning Commission in three stages:
(1) Pre-application submission of a generalized conceptual plan in sketch form;
(2) Submission of preliminary site development plans and preliminary architectural drawings and plan;
(3) Submission of final site development plans and final architectural drawings and plans.
(b) Rezoning. Rezoning from another district to the proposed classification shall be obtained prior to the submission of the preliminary site development plans. No zoning permits shall be issued and no building shall be permitted within the designated districts until the final site development plans and the final architectural drawings and plans have been submitted to and approved by the Planning Commission. Prior to the granting of the permit, the Zoning Administrator shall receive from the Planning Commission and the State Building Inspector an advisory report approving the proposed development plans as presented in final form as required herein.
(c) Construction and Use to Be as Provided in Applications, Plans, Permits and Certificates. Zoning permits, health permits, and certificates of occupancy issued on the basis of applications and plans including site development plans and architectural drawings and plans approved by the Planning Commission and the Building Inspector of the State, or other applicable agencies as designated by the review board, authorize only the use and arrangement set forth in such approved plans and applications and amendments thereto, and no other use, arrangements, or construction. Use arrangement, or construction at variance with that authorized shall be deemed a violation of the Zoning Ordinance and punishable as provided in Chapter 1143.
(d) Pre-Application Procedure. The developer shall meet with the Planning Commission prior to the submission of the preliminary plans of the development. The purpose of the meeting is to discuss early and informally the purpose and effect of these regulations and the criteria and standards contained in the applicable district regulations and to familiarize the developer with all plans and ordinances of the community. The generalized conceptual plans should indicate the types of units to be used; approximately the location of all buildings; type and location of parking facilities; access points and location of public and private streets; location, type and approximate acreage of all required open spaces. Three copies of the conceptual plan shall be submitted. Specific plans are not required. The intent here is for both the developer and Planning Commission to clarify their general intentions in regard to the applicable zoning district regulations and requirements before a considerable amount of time and expense has been invested. This does require a formal letter of request or application and the receipt of the pre-submittal application fee prior to informal Planning Commission action.
(1) The Planning Commission shall discuss with the developer the changes if any, that will be required and the procedure for submitting the preliminary development plans. The Planning Commission's approval at this stage shall not be binding, but should indicate a general willingness to approve the final plan if the developer meets the necessary requirements.
(2) All pre-application submissions shall be submitted to the Planning Commission not less than two weeks prior to the regularly scheduled monthly meeting.
(e) Preliminary Submittal Procedure and Requirements. After the pre-application stage, the developer shall submit preliminary development plans to the Planning Commission. These plans shall include site development plans and architectural plans and drawings in preliminary form which shall conform with the requirements set forth in Section 1193.04.
(f) Submittal of Preliminary Architectural Drawings.
(1) The preliminary drawings for each type of structure shall be submitted for the purpose of portraying conceptually the intended uses within the development. The submittal shall contain the height of the structures, number of units, number of square feet and elevations.
(2) All architectural drawings must be prepared by a licensed registered architect. Such drawings must be affixed with the seal of the architect.
(g) Preliminary Submittal to the Planning Commission. The Planning Commission shall submit in writing to the petitioner the necessary revisions to be shown prior to approval of the preliminary plan, whereupon, the petitioner will then submit the revised site plan and architectural drawings to the Planning Commission on or before the last day of the month if it is to be reviewed the following month at the next regular meeting.
(1) Upon approval of the preliminary plans by the Planning Commission, the final plans may be prepared and submitted for review.
(2) Approval of the preliminary plans shall be conditional upon compliance with all other applicable statutes, ordinances, and regulations of the Municipality, County and State.
(h) Final Submittal Procedures and Requirements. If the final site plans and architectural drawings are to be reviewed the following month by the Planning Commission, they shall be submitted on or before the last day of the preceding month. The final site plans and architectural drawings, if not submitted in consecutive months, shall be submitted fifteen days prior to any regular meeting of the Planning Commission. All final plans must be filed in triplicate. Requirements for filing of final plans may be obtained from the Zoning Administrator.
(Ord. 11-07. Passed 7-18-07.)
1189.01 GENERAL PROVISIONS.
To assure compliance with the conditions and regulations of this chapter, each use and structure specified in each subsection shall require a zoning permit.
(Ord. 11-07. Passed 7-18-07.)
1189.02 PARKING AND STORING OF BOATS, RECREATIONAL VEHICLES, UTILITY EQUIPMENT AND MOBILE HOMES.
(a) Parking or Storing of Mobile Homes: Parking or storing of a mobile home on any residential property shall be prohibited in all districts.
(b) Parking or Storing of Recreational and Utility Equipment: See Section 1183.26, "Parking and Storage of Vehicles and Trailers."
(Ord. 11-07. Passed 7-18-07.)
1189.03 HOME OCCUPATIONS-GENERAL REQUIREMENTS.
(a) For all Residential Districts, a home occupation may include the use of one accessory building as a place for operation of the home occupation or for purposes of storage of equipment. The accessory building shall not exceed ten percent of the lot area or 500 square feet in area maximum, and shall be the only accessory building on the lot.
(b) Only members of the family residing on the premises plus no more than one additional person shall be engaged in such occupation.
(c) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(d) There shall be no change in the outside appearance of the building or premises, no outside storage of materials incidental to the home occupation, nor other visible evidence of the conduct of such home occupation. No detached signage for Home Occupations is allowed in any single-family residential district.
(e) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance, and shall not be located in a required front yard.
(f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(Ord. 11-07. Passed 7-18-07.)
1189.04 CONVERSION OF DWELLINGS.
In an "R2-1" District a residence may be converted to accommodate an increased number of dwelling units provided:
(a) If the building is to be altered on the outside, the yards shall not be reduced to less than the yard dimensions required by the zoning regulations for new structures in that district.
(b) The lot area per family is equal to the lot area requirements for new multifamily structures in that district.
(c) The number of square feet of living area per family unit is not less than that which is required for new construction in that district.
(Ord. 11-07. Passed 7-18-07.)
1189.05 FAMILY DAY CARE FACILITIES.
Only in "R2-1," "R3-1," "C-1" and "C-2" districts may a permanent residence be used to provide day care services. All day care operations shall conform to applicable local and state licensing provisions. (Ord. 11-07. Passed 7-18-07.)
1189.06 GARAGES.
All lots, upon which a new dwelling is erected, located, or relocated, shall contain either an attached or unattached garage, which has a minimum width of 20 feet and a minimum length of 20 feet, and be affixed to the land on a permanent foundation, and contain a cement or masonry floor. Dwellings with a living area of 900 square feet or greater shall have an attached garage that shall accommodate a minimum of two cars. All unattached garages shall require a zoning permit.
(Ord. 11-07. Passed 7-18-07.)
1191.01 GENERAL PROVISIONS.
To assure compliance with the conditions and regulations of this chapter, each use and structure specified in each subsection shall require a zoning permit.
(Ord. 11-07. Passed 7-18-07.)
1191.02 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
(a) The open storage and display of material and equipment incident to permitted or conditional uses in "C" or "M" Districts shall be permitted provided the area used for open storage and display shall be effectively screened from all adjoining properties in any "R1," "R2," "R3," or "MHPD" District by means of walls, fences or plantings. In no case shall this storage be maintained beyond the front building line except for items displayed for sale or rental. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such a wall or fence, a strip of land, not less than 10 feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting, may be substituted.
(b) The temporary open storage of contractor's equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a conditional use permit authorized by the Zoning Board of Appeals. (Ord. 11-07. Passed 7-18-07.)
1191.03 DAY CARE FACILITIES.
Office Complex Day Care Facilities operated as an accessory use to serve employees of a principal use, located on-site and less than 5,000 square feet, shall not be subject to any commercial site plan review beyond that required for the principal use.
(Ord. 11-07. Passed 7-18-07.)
1191.04 ANIMAL CARE FACILITIES.
(a) Animal Care Facilities located in a "C-3," "M-1" or "M-2" District shall be contained within a building(s) and shall not have holding pens or enclosures for housing animals external to any building.
(b) Accessory buildings, pens or enclosures used for housing or containing animals shall be a minimum of 50 feet from all property lines and/or any dwelling unit.
(c) Suitable fencing or landscaping shall be installed around pens and/or enclosures used for housing or containing animals.
(Ord. 11-07. Passed 7-18-07.)
1191.05 SELF-SERVICE STORAGE FACILITIES.
(a) General Requirements.
(1) Self storage facilities shall be limited to rental of storage units, pickup and deposit of dead storage.
(2) Radioactive material, explosives and flammable or hazardous chemicals shall be prohibited from storage. This prohibition shall be included in the lease agreement of storage units. A copy of the lease agreement shall be filed with the Zoning Administrator as a condition of the permit.
(b) Specific Requirements.
(1) Lot area: Minimum lot area shall be two acres.
(2) Lot coverage: Maximum lot coverage of units and storage areas shall be 50 percent of gross lot area.
(3) Setbacks: The following minimum setbacks shall apply:
A. Front yard: 50 feet
B. Side or Rear Yard: 25 feet when abutting or opposite a residential district and 15 feet when opposite or abutting a "C" or "M" District
(4) Height: Height of structures shall be in conformance with structures or equal to the average height of structures on properties abutting or opposite to self storage facilities. Where no adjacent structures exist, the maximum height shall be 15 feet to the highest point of the building.
(5) Lighting: Lighting shall be provided to illuminate facility entrances, driveways, parking areas and storage entrance areas and should be so arranged to reflect light away from adjoining residential property or any public way.
(6) Site Plan: A site plan shall be required and subject to approval by the Planning Commission.
(8) Pavement: All roadways and parking areas shall be paved with concrete, asphalt or bituminous pavement.
(9) No door openings for any storage unit shall be constructed facing any residentially-zoned property.
(10) Fencing, walls, or landscaping/plant screening shall be required around the perimeter of the facility. Where deemed appropriate under the site plan review, setbacks may be waived and a unit wall approved in lieu of a fence or landscaping.
(11) Special Requirements: Where within 500 feet of a residence:
A. Fencing or walls shall consist of decorative wood or stone, decorative concrete block or similar materials compatible with surrounding residential dwellings.
B. Hours of operation shall be no earlier than 7:00 a.m. nor later than 8:00 p.m. daily.
(12) Parking and external storage of vehicles: A minimum of one parking or external storage space shall be provided for each 1,000 square feet of enclosed storage space. Storage or parking spaces for vehicles shall not extend forward of the rear building line nor be within any required yard.
(Ord. 11-07. Passed 7-18-07.)
1191.06 PERFORMANCE REQUIREMENTS.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:
(a) Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices that are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(b) Radioactivity or Electrical Disturbance: No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(c) Noise: Noise which is objectionable as determined by the Board because of intermittence, beat, frequency or shrillness, shall be muffled or otherwise controlled. Noises may equal but shall not exceed average street traffic noise during such periods that traffic noise exceeds the following decibel readings as measured at the boundary or boundaries of the district or at any point in any adjacent "R," "MHPD" or "C" District:
(1) "M-1": 75 Decibels
(2) "M-2": 85 Decibels
(d) Vibration: No continuous vibration shall be permitted which will have the effect of destroying adjoining property and is found to be detrimental to the legal use of any adjoining lot or property.
(e) Smoke: Smoke shall not be emitted with a density greater than No. 2 on the Ringlemann chart as issued by the U.S. Bureau of Mines. Smoke of a density of No. 4 on the Ringlemann chart shall be permitted for a period of up to eight minutes in each hour, provided the following conditions exist:
(1) Breakdown of equipment
(2) Starting new fires
(3) Clean-up time
(f) Odors: No malodorous gas or matter shall be permitted which produces a public nuisance or hazard on any adjoining lot or property.
(g) Air Pollution: No pollution of air by fly ash, dust, vapor or other substances shall be permitted which can cause damage to health, animals, vegetation or other property, or which can cause damaging soiling.
(h) Glare: No direct or reflected glare shall be permitted which is visible from any property outside an "M" District or from any public street, road or highway.
(i) Erosion: No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(j) Water Pollution: Pollution of water shall be subject to the requirements and regulations established by the Ohio EPA.
(k) Enforcement Provisions: The Zoning Administrator or Zoning Board of Appeals, prior to the issuance of a Zoning Permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(l) Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists Association, Inc., Washington, D.C.; and the United States Bureau of Mines.
(Ord. 11-07. Passed 7-18-07.)
1193.01 GENERAL PROVISIONS.
To assure compliance with the conditions and regulations of this chapter, each use and structure specified in each subsection shall require a zoning permit.
(Ord. 11-07. Passed 7-18-07.)
1193.02 DISH ANTENNAE-GENERAL PROVISIONS.
(a) In accordance with the Telecommunications Act of 1996, satellite dish antennas with a diameter of one meter (39.97 inches) or less when located in a residential district are exempt from the provisions of this Ordinance.
(b) The Zoning Administrator shall issue such permit, provided the applicant submits a written application upon forms provided and approved by the Planning Commission, along with a plot plan of the lot, premises or land parcel attached, showing the exact location and dimensions of the proposed dish antenna; a description of the kind of dish antenna proposed; and the exact location and dimensions of all buildings or structures. Each application shall specify, among other things, the name and address of the owner of the real estate; the applicant; and the person to be permitted to construct the proposed dish.
(c) The applicant shall submit with each application a sum in accordance with scheduled fees established by Council which represents the permit fee. The permit fee shall cover the costs of reviewing the construction plans, inspecting the final construction and processing the application.
(d) "Dish-Type Satellite Signal-Receiving Antennas," also referred to as "earth stations" or "ground stations" shall mean one, or a combination of two or more of the following:
(1) A signal-receiving device (antenna, dish antenna, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.
(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.
(3) A coaxial cable the purpose of which is to carry or transmit said signals to a receiver.
(4) A receiver, defined as a television set or radio receiver.
(5) A dish, defined as that part of a satellite signal receiving antenna characteristically shaped like a saucer or dish.
(6) A grounding rod, defined as a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.
(e) Location of Ground-Mounted Earth Stations:
(1) Due to the desire of the Village to maintain a high degree of neighborhood aesthetic conformity and to promote the utmost safety of installation and operation, an earth station shall not be constructed in any front or side yard, but shall be constructed to the rear of the residence or main structure.
(2) An earth station, including its concrete base slab or other substructure, shall not be constructed less than ten feet from any main building; shall have rear and side property line setbacks equal to or greater than the height of the proposed structure, but in no case shall the rear and side yard setbacks be less than twenty feet from any property line or easement; and, in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot. In any "C" or "M" District, a dish antennae shall not be located closer than twenty feet to any public street.
(3) An earth station shall not be constructed without appropriate landscaping to reasonably conceal said earth station from view, and the planting shall be completed before final approval by the Zoning Administrator.
(4) An earth station shall not be linked, physically or electronically, to a receiver which is not located on the same lot, premises or parcel of land as is the earth station.
(5) A ground-mounted earth station shall not exceed a grade height of fifteen feet.
(6) A ground-mounted earth station shall not exceed ten feet in diameter.
(7) Wiring between a ground-mounted dish and a receiver shall be placed at least four inches beneath the surface of the ground within rigid conduit.
(f) Location of Roof-Mounted Earth Stations:
(1) Roof-mounted earth stations shall be mounted directly upon the roof of a primary or accessory structure, as defined in the Building Code, and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.
(2) A roof-mounted earth station shall not exceed a height of more than three feet above the roof upon which it is mounted.
(3) A roof-mounted earth station "dish" shall not exceed three feet in diameter.
(g) Earth Stations-Additional Requirements.
(1) No earth station shall have written upon it any advertising whatsoever, or any written lettering larger than one inch in height.
(2) A dish shall be designed to withstand a wind force of eighty-five (85) miles per hour without the use of supporting guy wires.
(3) Any driving motor shall be limited to 110v maximum power design and be encased in protective guards.
(4) A dish must be bonded to a grounding rod.
(Ord. 11-07. Passed 7-18-07.)
1193.03 PONDS.
(a) General Requirements.
(1) All ponds shall require a minimum parcel area of five acres, except ponds shall be permitted on parcels of three acres or greater in the R1-1 District.
(2) All ponds shall require a permit and meet requirements of Section 1139.04, "Contents of Application for and Issuance of Zoning Permits," which includes written application for a zoning permit accompanied with a site plan, including an elevation view of the pond. All residential uses on lots of five acres or less and all nonresidential uses shall meet the additional requirements of Section 1193.04 which includes site plan review by the Planning Commission.
(3) Ponds shall conform to the U.S. Soil Conservation Service specifications and recommendations.
(4) Ponds which abut more than one lot and or serve as an accessory use for more than one lot, and all of the respective lots associated with the pond, shall be platted in accordance with applicable subdivision regulations.
(5) Lots containing ponds used for drainage retention shall be platted in accordance with applicable subdivision regulations.
(6) If a pond is deemed to pose a safety hazard because of the density of development in the vicinity of the parcel, the Village may require fencing be installed as specified under Section 1193.09, "Swimming Pools," subject to the review of the Zoning Board of Appeals.
(b) Area and Design Requirements.
(1) Minimum pond surface area shall be one-fourth (1/4) acre. Maximum surface area shall not exceed 25 percent of the net acreage of the parcel.
(2) The side slope of a pond shall be horizontal-to-vertical at a ratio of three-to- one (3:1) except where a beach is desired. The ratio shall be maintained to a minimum depth of 17 feet.
(3) Beach areas may be sloped no less than at a horizontal-to-vertical ratio of ten-to-one (10:1) and shall not exceed 25 percent of the pond surface area.
(4) Ponds shall be graded not to exceed four feet in height so as not to obstruct an adjoining property owner's view. Excess dirt may be redistributed on the parcel, but may not be removed from the site unless determined in the site plan approval that it is deemed necessary for landscaping or to provide adequate drainage of the site.
(5) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to a suitable outlet or drainage ditch.
(c) Setback.
(1) A pond shall have 100 feet minimum setback from any roadway right-of- way centerline.
(2) Ponds, except in the "R1-1" District, shall have a side and rear yard setback of not less than 10 percent of the width of the parcel, with a minimum setback of 50 feet. Ponds on parcels of five acres or less in the "R1-1" District shall have a side and rear yard setback of not less than 10 percent of the width of the parcel, with a minimum setback of 25 feet.
(3) A pond shall be located no closer than 100 feet to any sanitary or storm water facility, including septic tanks and leach fields.
(d) Refilling: The refilling of an area which has been excavated for the development of a pond shall be considered waste disposal and shall meet the requirements as set forth by the Wood County Board of Health for solid waste disposal under Ohio R.C. 3734.05.
(e) Requirement for Issuance of Permit: Provide a written description of location and sketch showing location on site (plan view and elevation view).
(Ord. 11-07. Passed 7-18-07.)
1193.04 SITE DESIGN AND DEVELOPMENT.
(a) General: Site plan review and landscaping shall be required under the following conditions:
(1) For all new uses.
(2) A change in use.
(3) When a building or structure is erected, changed, or enlarged by 50 percent or more or 5,000 square feet or greater in floor area.
(4) When 10 or more parking spaces are added or a parking lot is expanded by 4,000 square feet or greater.
(b) Site Plan Review: The following standards shall apply and shall be consistent with all provisions in the Zoning Code:
(1) General requirements.
A. A formal letter of submittal shall accompany the site plan. The letter should give reference to a case file number if one has been assigned for the property and shall provide the name, address and phone number of any parties who should be informed of the progress of the request. Parties to be notified should include the land owner, developer, attorney, architect, engineer, landscape architect or other appropriate consultant.
B. All site plans shall have a title indicating the type of request being made, e.g., a request for a zone change, conditional use permit, etc.
C. The site plan shall be accompanied by a complete legal description of the subject property and a general location sketch showing nearby section lines and/or residential and major roadways.
D. The site plan shall indicate the scale of the drawing and shall use an engineer's scale.
E. The site plan shall have the north arrow pointing either toward the top of the drawing or to the left side of the drawing. The location map and site plan orientation should be identical.
F. The following submissions are required:
1. Twelve blueline or blackline prints of the site plan on paper no larger than 24 inches by 36 inches. Detailed drawings other than the site plan need not be submitted at this time for the site plan review process.
2. A good quality black and white reproducible, PMT or velox reduction of the original print shall be submitted at a size ranging from 8-1/2 inches by 11 inches to 11 inches by 17 inches.
(2) Specific requirements.
A. The site plan shall show the zoning classification(s) and existing uses of the subject property and all abutting property. It shall also show the approximate location of buildings and driveway locations opposite to and adjacent to the subject property.
B. The site plan shall indicate the dimensions of the property and shall show the dimensions of existing and proposed buildings to be constructed. The site plan shall indicate any building removals or other alterations to occur on the property.
C. The site plan shall indicate the distance of existing and proposed structure(s) to the right-of-way line and the distances of the structure(s) to the side and rear property lines.
E. The site plan shall indicate by name all adjacent roadways. The site plan shall show both right-of-way and pavement widths measured from the centerline of the roadway.
F. The site plan shall indicate the locations, size (height), and material of all existing and proposed fencing and/or walls on the subject property.
G. The site plan shall show the location, height and dimensions of existing or proposed signs on the property.
H. The site plan shall indicate the width(s) and location(s) of existing or proposed sidewalks if any and drive approach aprons. The drive approach width(s) shall be dimensioned where the apron meets the roadway pavement and shall be dimensioned at the throat.
I. Site plans shall show any ditches, creeks, or other natural features that may affect the development of the property. Where appropriate, the two-foot (2') contours and the 100-year high water elevation shall be shown on the site plan. Information on this requirement may be obtained from the Wood County Engineer's Office.
J. The site plan shall show the existing and proposed method of storm water drainage and/or areas to be used for storm water detention.
K. The site plan shall show existing and proposed sanitary and storm sewers, watermains and the location(s) of fire hydrants if present. In the event these improvements are not available, the site plan shall indicate the location of proposed or existing wells and/or on-lot sewage systems both on-site and on abutting parcels.
L. The site plan shall indicate the location of existing or proposed off- street parking spaces and drive aisles with complete dimensions. The drawing shall include the number and size of the proposed parking stalls including handicap spaces. The type of pavement composition of the parking area, i.e., treated gravel, asphalt or concrete shall be indicated. If the off-street parking area is located next to an existing parking area or on another parcel, the method of circulation, if any, between the two areas, shall be shown.
M. A site plan with a proposed drive-thru window operation shall indicate where the vehicles will be lined up and how many vehicles can be stored at one time while waiting to use the order board and/or drive-up window.
(c) Landscaping.
(1) Landscaping shall be required along all road frontage.
(2) Depth of the landscaping strip shall be a minimum of 15 feet or 50 percent of the required minimum yard depth whichever is greater as applicable under Chapter 1151.
(3) Landscaping shall be a minimum of four feet in height and a sufficient height to shield the view of parking areas from adjacent roadways.
(4) Where uses are within, abut or opposite a residential district, landscaping shall be required for those yards which are adjacent to the residential district. Landscaping shall be a minimum of six feet in height to effectively shield the view from these respective adjacent parcels.
(5) Landscaping shall consist of natural materials such as plantings, mounding, stone, walls or fences of wood, decorative stone or masonry.
(6) Landscaping shall not obstruct visibility and shall be maintained at a height not to exceed 36 inches within five feet of any street or road right-of-way. Traffic visibility across corner lots shall be governed by Section 1151.15, "Traffic Visibility Across Corner Lots," of this Ordinance.
(d) Application Procedure.
(1) Site plans shall be filed with the Village Zoning Administrator.
(2) The Zoning Administrator shall transmit the completed site plan including all Specific Requirements of this Section to the Planning Commission for review and recommendation, and shall request professional review, if deemed necessary.
(3) The date the Planning Commission accepts the site plan shall constitute the official filing date.
(4) No permit shall be issued for any use or change in use prior to the review and recommendation of the site/development plan by the Planning Commission. Conditions and/or modifications may be attached to these plans.
(5) The review time for site plans, generally, shall be in keeping with the time requirements established for zoning changes.
(6) Any change in the site plan, once approved, shall require a review by the Planning Commission and the approval of the Zoning Administrator.
(Ord. 11-07. Passed 7-18-07.)
1193.05 FENCES AND PLANTING SCREENS.
Fences, plant materials and similar screening devices are permitted in any residential district to a maximum height of 36 inches in any front yard and to a maximum height of six feet in any side or rear yard beginning at the building lot line and to a height of three feet in any required yard abutting a street. A fence post shall be placed on the owner's property, six inches from the property line. The unfinished side of the fence shall face the owner's property. A two-foot clearance shall be required along public rights-of-way. Chain link fences are prohibited in any front yard. All fences, plant materials and similar screening devices must be maintained in good condition and without any advertising thereon. Fences shall be constructed of materials compatible with surrounding residential dwellings and of material that is uniform throughout the line of the fence. Fences, plant materials and similar screening devices are measured from adjacent grade. In all residential districts no barbed wire or electrified fences are permitted. All non-residential uses shall require a permit for fences and planting screens and shall be subject to site plan approval in accordance with Section 1193.04. Traffic visibility across corner lots is governed by Section 1151.15, "Traffic Visibility Across Corner Lots," of this Ordinance. The screening of open storage and display of material and equipment shall be governed by Section 1191.02 of this Ordinance. (Ord. 11-07. Passed 7-18-07.)
1193.06 ACCESSORY BUILDINGS OR USES.
(a) General.
(1) No accessory use, building, structure or pond shall be permitted on any lot which does not contain a dwelling or a main building.
(2) Accessory buildings shall be constructed in accordance with the Village building codes. Each accessory building shall require a zoning permit.
(3) Wood decks and tree houses are considered accessory buildings and structures and shall require a permit prior to their construction or erection of the same except as provided herein. No permit shall be required for a tree house except when constructed upon a post or posts in or upon the ground. A permit will be issued only upon approval of site plans, drawings and diagrams for the construction of wood decks and tree houses by the Zoning Administrator. Tree houses may not be used for storage purposes.
(b) Setback: If smaller than 12 feet by 12 feet, accessory buildings and structures shall have a minimum setback of five feet from each lot line. If 12 feet by 12 feet or larger, such buildings and structures shall have a minimum setback of ten feet from each lot line. Agricultural buildings shall have a minimum setback of 20 feet from each lot line.
(c) Yard Requirement: Accessory buildings shall not be located in any front yard nor in the side yard of a corner lot when that yard faces a street or road.
(d) Size Requirement: An accessory building shall not exceed 20 feet in height and may not occupy more than 30 percent of a required rear yard.
(Ord. 11-07. Passed 7-18-07.)
1193.07 AGRICULTURE/TRUCK GARDENING.
Livestock used in agriculture or raised for agricultural purposes shall not be maintained within 150 feet of a non-farm building.
(Ord. 11-07. Passed 7-18-07.)
1193.08 PRIVATE TENNIS COURTS.
Private tennis courts shall require a zoning permit. Private tennis courts are permitted in any residential district with the following requirements:
(a) A site plan shall be submitted showing dimensions, and location of the court in relation to property lines, utility easements, sanitary facilities where applicable, and setbacks from property lines. The site plan shall be subject to review and approval by the Planning Commission.
(b) Courts shall not be placed over any sanitary or storm water facility or within any public right-of-way.
(c) Maximum court dimensions shall be 120 by 60 feet or 7,200 square feet in area.
(d) The site plan shall indicate drainage flow and where appropriate, a drainage system shall be installed with suitable outlet, to prevent adverse effects of drainage onto adjoining properties.
(e) Courts shall be fenced when court surface is within 20 feet of a property line. The fence shall not exceed ten feet in height and be separated from the property line with landscaping and/or plant screening.
(f) Lighting where provided shall be so arranged as to reflect away from adjoining residential properties or public way.
(g) A written description and a sketch showing location on the site (plan view and elevation view) shall accompany the permit application.
(Ord. 11-07. Passed 7-18-07.)
1193.09 SWIMMING POOLS.
A private swimming pool shall be any pool or open tank, where swimming is normally permitted, not located within an enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1½) feet, eighteen (18) inches.
(a) A pool is intended and is to be used for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) All pools and ponds shall be walled or fenced as to prevent uncontrolled access by children and animals.
(c) A permit is required for any pool or body of water over one and one-half (1½) feet in depth, eighteen (18) inches. A written description of the location and sketch showing location on the site shall accompany the permit application. The permit must show the location of the pool and filter, with the dimension of each property line and location of the fence. These plans should indicate how pool backwashing and pool drainage are to be accomplished and to where.
(d) A portable pool with a depth of less than one and one-half (1½) feet eighteen (18) inches shall not require a permit.
(e) Above ground pools with access ladders, stairs, or similar apparatus for this type of pool shall be removed and placed where small children cannot access these climbing devices when the pool is not in use or is left unattended.
(f) A fence must be constructed around the pool or pond or around the property where the pool or pond is located. Minimum height of four (4) feet and a maximum of six (6) feet.
(g) lnground pools need to have a fence and a gate with a lock or with an alarm.
(h) A swimming pool shall not be located closer than ten (10) feet from any property line of the property on which it is located: provided, further, that the pump and filter installation shall be located not closer than twenty (20) feet to any property line. Paved walks adjoining a pool may not be closer than five (5) feet from a property line.
(i) The pool or pond, including the walks or paved areas or accessory structures adjacent thereto, shall not be constructed to extend into the required front or side yards.
(j) A property for a private pond or lake shall contain at least two (2) acres of land.
(k) Any lighting used to illuminate the pool or pond area shall be so arranged as to reflect the light away from adjoining properties.
(Ord. 27-2022. Passed 11-2-22.)
1193.10 TELECOMMUNICATION TOWERS.
Pursuant to the Telecommunications Act of 1996, this section sets forth standards for the location of telecommunication towers within a residential-zoned district as a conditional use request. Each telecommunication tower requires a zoning permit. These minimum standards include:
(a) The applicant must provide proof that the proposal to construct a tower or attach equipment to an existing structure has been approved by all other agencies and governmental entities with jurisdiction (i.e. Federal Communication Commission, Federal Aviation Administration, Ohio Department of Transportation).
(b) The applicant shall provide proof of notification to adjacent property owners as required by Ohio R.C. 519.211.
(c) The applicant must demonstrate at the time of application that no technically suitable and feasible site is available in a nonresidential district and that the site is located in the least restrictive district that includes a technically suitable and feasible site.
(d) The structure containing the telecommunication tower shall be located on its own lot, which meets the square footage requirements of the district.
(e) The structure shall be located on the lot in conformance with all setback requirements of the district and shall not exceed 100 feet in height.
(f) Structures must be screened with fencing, masonry, shrubbery or other screening materials.
(g) The applicant shall notify the Zoning Administrator within 30 days of ceasing operations at the site and shall remove the structure(s) within 60 days of ceasing operation.
(h) No advertising or illumination other than that required by law may be located on the structure.
(i) The applicant must demonstrate that "co-location" of the telecommunication tower with other telecommunication towers or facilities in the vicinity was considered. Co-location shall be encouraged wherever feasible.
(Ord. 11-07. Passed 7-18-07.)
1193.11 RESTRICTION ON CAUSES OF BLIGHTING OR BLIGHTING FACTORS.
It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. No person, firm or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any premises in the Village owned, leased, rented or occupied by such person, firm or corporation.
(a) The storage upon any premises of any inoperable vehicle for a period of more than 30 days, except in a completely enclosed building.
(b) The outdoor storage upon any premises of building materials unless a zoning permit has been issued by the Village and a building permit issued by the Wood County Department of Building Inspection not more than one year previously for construction upon said premises, and said materials are intended for use in connection with such construction. Building materials shall include but shall not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure. Provided, that outdoor storage of building materials which is not in violation of applicable zoning or safety regulations is permitted if said materials are kept out of view of the public and abutting premises. Provided further, that all construction debris shall be removed from any premises within 30 days after occupancy thereof.
(c) The storage or accumulation of junk, trash, rubbish or refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed 30 days. The term "junk" shall include parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other materials or other castoff materials of any kind whether or not same could be put to any reasonable use.
(d) The existence of any vacant dwelling, garage, or other out-building unless the same is kept securely locked; windows kept glassed or neatly boarded up, and otherwise protected to prevent entrance thereto by vandals.
(e) In any area the existence of any structure or part of structure which because of fire, wind or other natural disaster, or physical deterioration is no longer usable for its intended purpose.
(f) In any area the existence of any partially completed structure, unless such structure is in the course of construction in accordance with a valid and subsisting zoning permit issued by the Village and a building permit issued by the Wood County Department of Building Inspection and unless exterior construction is completed within one year after issuance thereof.
(Ord. 11-07. Passed 7-18-07.)
1193.12 TEMPORARY BUILDINGS AND USES.
(a) Temporary buildings, structures or uses and/or temporary open storage of equipment shall be permitted subject to approval and conditions by the Zoning Board of Appeals under Chapter 1141. Each temporary building, structure or use and/or temporary open storage of equipment shall require a zoning permit.
(b) Temporary buildings and construction trailers used in conjunction with construction work only may be permitted in any "C" or "M" district during the period construction work is in progress, but such temporary buildings shall be removed upon the date of substantial completion of the construction work plus thirty days after.
(Ord. 11-07. Passed 7-18-07.)
1193.13 EXTRACTION INDUSTRIES AND BORROW PITS PROHIBITED.
Extraction industries and Borrow Pits are prohibited in all zoning districts within the Village of Walbridge. (Ord. 20-2022. Passed 10-19-22.)
1195.01 INTENT CONCERNING NONCONFORMITIES.
(a) Within the districts established by this Ordinance or amendments that may later be adopted, there exist lots, uses of land, structures, and uses of structures and land in combination, which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(b) It is not the intention herein to classify as nonconforming a use or building allowed in a district as a conditional use under the regulations of this Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1195.02 AVOIDANCE OF UNDUE HARDSHIP.
(a) Permits Issued And/or Construction in Progress.
(1) To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which a valid building permit was issued, or actual construction was lawfully begun, prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
(2) Any nonconforming structure that is ready for or under construction at the time of adoption or amendment of this Ordinance may be completed and occupied in accordance with the requirements of a valid building permit and zoning permit issued prior to such adoption or amendment data.
(b) Continuation of Existing Nonconformities: The lawful use of a building or land existing at the time of adoption of this Ordinance may be continued, even though such use does not conform to the regulations established by this Zoning Code for the use district in which it is maintained. An existing nonconforming use of a building may be continued so long as no structural alterations, except such as may be required by law or ordinance, are made therein. An existing nonconforming use of a building or premises may, by conditional use permit, be changed to another nonconforming use of a higher classification, but no building or premises in which a nonconforming use has been so changed shall again be devoted to a less restricted use.
(Ord. 11-07. Passed 7-18-07.)
1195.03 SINGLE NONCONFORMING LOTS OF RECORD.
(a) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district. Yard dimensions and requirements, other than those applying to area and/or width, shall conform to the regulations for the district in which such lot is located.
(b) Variances for district requirements, other than lot area or lot width, shall be obtained only through action of the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1195.04 NONCONFORMING LOTS OF RECORD IN COMBINATION.
(a) If two or more nonconforming lots, or portions thereof, with continuous frontage are in single ownership, the Zoning Board of Appeals may, upon appeal of the Zoning Administrator's decision to deny a zoning permit for failure to meet the requirements of this Ordinance, determine that these lots are or are not to be an undivided parcel for the purpose of this Ordinance. If considered an undivided parcel, no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of said parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.
(b) If each said parcel is developed separately, a finding shall be made by the Zoning Board of Appeals that such development and density will not be a detriment to the surrounding area. (Ord. 11-07. Passed 7-18-07.)
1195.05 NONCONFORMING USES OF LAND.
Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;
(b) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Ordinance;
(c) Additional structures, which do not conform to the requirements of this Ordinance, shall not be erected in connection with such nonconforming use of land;
(d) If any such nonconforming uses of land are discontinued or abandoned for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located. A nonconforming use shall be considered voluntarily discontinued or abandoned:
(1) When the intent of the owner to discontinue the use is apparent, or,
(2) When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within the 2 year period, or,
(3) When it has been replaced by a conforming use, or,
(4) When it has been changed to another nonconforming use by first obtaining a permit from the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1195.06 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(b) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 11-07. Passed 7-18-07.)
1195.07 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;
(c) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Zoning Board of Appeals, be changed to another nonconforming use provided that the Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. The appeal procedure requires that the request for substitution be made first to the Zoning Administrator, who must deny the zoning permit. The appeal is then taken to the Board for the final determination. In permitting such change, the Board may require appropriate conditions and safe-guards in accord with other provisions of this Ordinance;
(d) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(e) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 11-07. Passed 7-18-07.)
1195.08 DISCONTINUANCE AND RE-ESTABLISHMENT OF USE OR STRUCTURE.
When a nonconforming use of a structure, and/or structure and land in combination is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. A nonconforming use shall be considered voluntarily discontinued or abandoned:
(a) When the intent of the owner to discontinue the use is apparent, or,
(b) When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within the one-year period, or,
(c) When it has been replaced by a conforming use, or,
(d) When it has been changed to another nonconforming use by first obtaining a permit form the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1195.09 REPAIR OF DAMAGED STRUCTURES OR USES.
A nonconforming building or structure which has been damaged by fire, explosion, flood, act of God, the public enemy, or other such calamity to the extent of 50 percent or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 50 percent of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within one year of the date of such damage. (Ord. 11-07. Passed 7-18-07.)
1195.10 EXPANSION, REPAIR, AND MAINTENANCE.
(a) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
(b) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content (floor area) existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 11-07. Passed 7-18-07.)
1197.01 PUBLIC NUISANCES DESCRIBED.
For the purposes of abating public nuisances, assessing the cost thereof and prescribing the conduct, whether of omission or commission, of any person as owner or occupier of any lot of land within the corporate limits of the Village, or of any building, house or other structure on any such lot of land, a public nuisance shall be deemed to exist when:
(a) Any such building, house or structure is caused or allowed to become so out of repair and dilapidated that, in the condition it is permitted to be and remain, it will, if such condition is permitted to continue, endanger the life, limb or property of, or cause hurt, damage or injury to, persons or property upon the streets or other public ways of the Village adjoining such lot of land, by reason of the collapse of such building, house or structure or by the falling of parts thereof or of objects therefrom;
(b) Any tree, stack or other object is caused or allowed to remain standing upon such lot of land in such condition that it will, if such condition is permitted to continue, endanger the life, limb or property of, or cause hurt, damage or injury to, persons or property upon the streets or other public ways adjacent thereto, by the falling thereof or of parts thereof;
(c) An excavation or cellar on any such lot of land is caused or allowed to be unguarded or remain in such a condition that it will, if such condition is permitted to continue, endanger the life, limb or property of, or cause hurt, damage or injury to, persons or property upon the streets or other public ways adjacent thereto, by falling or being cast therein;
(d) There is caused or allowed an accumulation on any such lot of land or in any such building, house or structure, of earth, rubbish or other materials which will, if such condition is permitted to continue, attract and propagate vermin or insects endangering the public health;
(e) Any such building, house or structure is caused or allowed to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair;
(f) There is caused or allowed the accumulation on any such lot of land or in any building, house or structure, of rubbish or other materials in an amount and in a condition that the same constitutes a fire hazard by reason of the likelihood of its catching on fire or communicating fire;
(g) There is caused or allowed the conduct of any business thereon or .therein which, by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, endangers or is harmful to the public health, welfare or safety, or materially interferes with the peaceful and lawful use, comfort and enjoyment of a proximate or adjacent lot of land or structure thereon by the owners or occupants thereof;
(h) Any such building, house or structure is caused or allowed to become so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment of adjacent property by the owners or occupants thereof;
(i) There is caused or allowed any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others;
(j) There is caused or allowed any placing, throwing or sweeping into any street, avenue, alley, park or public ground of any dirt, paper, nails, pieces of glass or board, fruit parings or skins, garbage, waste, leaves, clippings, ashes, cans, bottles, cartons, boxes, furniture, oil, parts of automobiles or any other matter of an unsightly or unsanitary nature, or the placing, throwing or sweeping of such matter upon any sidewalk or street crossing, or on any driveway, or upon the floor, stairway or hallway of any public building, theater, rail depot or railway platform or upon the property of another; or
(k) There is caused or allowed any accumulation of paper, fruit parings or skins, garbage, waste, ashes, cartons, boxes or any other matter of an unsightly or unsanitary nature in such manner that such matter could be blown upon any street, avenue, alley, park, public ground or sidewalk or upon the property of another.
(Ord. 13-14. Passed 7-2-14.)
1197.02 ADDITIONAL NUISANCES.
In addition to the public nuisances described in Section 1197.01, those, offenses which are known to the common law and the statutes of Ohio as public nuisances may, in case any exists within the Village, be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provision of law. Wherever the word "nuisance" is used in this chapter it refers to a public nuisance. (Ord. 13-14. Passed 7-2-14.)
1197.03 STORAGE OF JUNK AND JUNK VEHICLES.
(a) No person shall store upon his or her property motor vehicles unfit for further use, motor vehicles in an inoperable condition; parts of motor vehicles or junk or other refuse. Outdoor storage of inoperable, unlicensed and unused motor vehicles or trailers or parts thereof on the premises, for a period in excess of seven (7) days is prohibited. Said vehicles stored on the premises must be stored within a garage or other accessory building so as not to be visible from any adjoining property, public road or alley. At no time is parking on a grass or lawn area permitted. All vehicles must be parked in an area designated and designed for vehicle parking. Such vehicles shall not be used for storage or other purposes unless enclosed within a building on the premises. Doing so shall constitute a public nuisance because the use of such property for such storage purposes constitutes a continuous, unlawful and unreasonable interference with the peaceful enjoyment of property rights, either public or private, by violation of the right to a clean, comfortable environment or by interference with the public health, safety and welfare.
(Ord. 47-2024. Passed 12-4-24.)
(b) The nuisance described in subsection (a) hereof shall be reported to the Zoning Officer who shall order such nuisance abated within ten days.
(c) If the nuisance is not abated within ten days after notice from the Zoning Officer to the owner of the premises or the owner of the property that is stored on the premises, the Village they issue a citation for a violation of this section and/or institute abatement proceedings in a court of competent jurisdiction as set forth in Section 1197.06.
(d) This section shall not be considered in derogation of, but shall be considered in addition to, the provisions of the Ohio Revised Code, and shall be considered to provide a remedy in addition to any prescribed in the Ohio Revised Code for the same violation described herein or for similar violations. (Ord. 13-14. Passed 7-2-14.)
1197.04 SUMMARY ABATEMENT; DELEGATION OF AUTHORITY.
(a) Whenever complaint is made to the Zoning Officer of the existence of a public nuisance in the Village, the Officer shall promptly cause to be inspected the premises on which it is alleged such public nuisance exists. Should the Officer find that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, he shall then determine the person who, from the records in the County Treasurer's office, appears to be the titled owner of the property and immediately cause a written Notice to be served on such person, either personally or by leaving a copy at the usual place of residence or business of such person or at the address of such owner shown in such Treasurer's records or by mailing a copy to such person at such place or address by United States certified mail, return receipt requested. If service of the written notice cannot be perfected by any of the hereinbefore described methods, then the Officer shall cause a copy of the notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists, or if there is no person in possession thereof he shall cause a copy of the notice to be posted on the premises. The notice shall briefly set forth the findings with respect to the existence of a public nuisance by the aforesaid officers and shall further state that unless the owner thereof causes the abatement of the public nuisance within twenty-four hours after service of the notice the same will be abated by the Village at the expense of the owner.
(b) Any act to be carried out by any public official under any section of this chapter may be carried out by any of his subordinates, assigns or anyone directed by him to carry out such function. (Ord. 13-14. Passed 7-2-14.)
1197.05 ABATEMENT IN OTHER CASES.
(a) In the event that the Zoning Officer finds that a public nuisance exists but that the nature thereof is not such as to require its summary abatement, the Officer shall serve written notice on the person who, from the records in the County Treasurer's office, appears to be the owner of the aforesaid property, by serving him personally or by leaving a copy at the usual place of residence or business of such owner or the address of such owner shown in the Treasurer's records or by mailing a copy to such owner at such address by United States certified mail, return receipt requested. If service of such written notice is unable to be perfected by any of the hereinbefore described methods, then the Officer shall cause such notice to be published in a newspaper of general circulation in the Village once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists, or if there is no person in possession thereof he shall cause a copy of the notice to be posted on such premises.
(b) The aforesaid notice shall state, in brief, the findings of the Zoning Officer with respect to the existence of a public nuisance and shall further state that unless the owner thereof causes the abatement of the public nuisance within thirty days after the service of the notice the same will be abated by the Village at the expense of the owner.
(c) The owner may at any time after receipt of the notice make a request in writing or in person to the Zoning Officer to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement.
(d) The owner may make immediate application in writing or in person for a building permit to undertake the repair of or replacement of items alleged to constitute the public nuisance. The Zoning Officer, upon being furnished by the owner with the complete plans and specifications covering the repairs or replacement, in conformity with the housing regulations of the County, shall, upon approval of the plans and specifications, recommend that a building permit be issued to the owner by the County Building Officer. The Zoning Officer may grant more than thirty days to the owner in which to effect the repairs and/or replacements.
(e) The owner may, within fourteen days after receipt of the notice, make a demand in writing to the Zoning Officer for a hearing on the question of whether in fact a public nuisance exists and/or whether more than thirty days should be granted to the owner to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner. The hearing shall be conducted by a hearing board composed of the Chairman of the Safety Committee, the Fire Chief and the Solicitor, or in the event any of such officers is unable to attend, by someone from his respective department delegated by him to act in his behalf. The hearing board may amend or modify the notice and/or order, or extend the time of compliance by the owner with parts of the abatement by such date as a majority may determine. A copy of the decision of the hearing officers shall be promptly served upon the owner in the manner provided for by this chapter. The decision of the hearing board shall be final and conclusive, unless the owner files, within five days after the aforesaid decision is rendered, an action in or appeal to a court of competent jurisdiction; otherwise the same shall become final and conclusive at the termination of such action or appeal as determined by such court. (Ord. 13-14. Passed 7-2-14.)
1197.06 ABATEMENT BY VILLAGE.
(a) Should the nuisance referred to in this chapter not be abated within the time prescribed herein, the Village, acting through its authorized officers and agents, shall have the right to enter upon the premises and to abate the nuisance found thereon or to apply to a court of competent jurisdiction for an order to compel the owner to abate the nuisance in a satisfactory manner.
(b) In abating such nuisance the Village, acting through its officers and agents, may do whatever is necessary to complete the abatement of the same and should it be practicable to sell or salvage any material derived in the abatement proceedings, it may sell the same at private or public sale at the best price obtainable and shall keep an accurate account of the proceeds thereof. Such proceeds, if any, shall be deposited in the General Fund of the Village and any deficiency difference between the amount so received and the cost of abatement shall be levied as an assessment against the aforesaid property by Council certified to the County Auditor and collected as any other assessment by the Village. Should the proceeds of the sale of such salvaged material exceed the cost of such abatement, the surplus, if any, shall be paid to the record title owner of the premises from which such nuisance was abated when the proper claim therefor is established.
(c) The Village may abate the nuisance by force account or may contract for the same, according to law, provided such private contract does not entail any liability for the cost of such contract to the Village.
(Ord. 13-14. Passed 7-2-14.)
1197.07 INTERPRETATION OF CHAPTER.
This chapter shall not be deemed to be a limitation or restriction on the authority of the Village or any officer thereof to take any action or bring any suit or proceeding in respect to public nuisances otherwise provided for by law or ordinance of the Village.
(Ord. 13-14. Passed 7-2-14.)
1197.08 VIOLATIONS; LEGAL AND EQUITABLE REMEDIES.
(a) No person shall fail or refuse to comply with any order issued by any Village authority pursuant to the provisions of this chapter within the period specified for such compliance
(b) Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance continues after the time for compliance specified in the notice. Punishment shall be as provided in Section 501.02 of the Walbridge Codified Ordinances.
(c) The application of the penalty provided for herein shall be in addition to the equitable remedies provided elsewhere in this chapter.
(Ord. 13-14. Passed 7-2-14.)
1197.09 APPEALS.
Any person adversely affected by a decision of any City official made in the enforcement of this chapter may appeal to the Board of Zoning Appeals as provided in Section 1141.06 - the Planning and Zoning Code.
(Ord. 13-14. Passed 7-2-14.)
CODIFIED ORDINANCES OF WALBRIDGE