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Waterville City Zoning Code

TITLE THREE

Zoning Code

1129.01 TITLE.

   This Title Three of Part Eleven - Planning and Zoning Code shall be known and may be cited and referred to as the Zoning Code of the City of Waterville or just the Zoning Code. 
(Ord. 431. Passed 9-4-63.)

1129.02 ZONE MAP ADOPTED.

   This Zoning Code shall consist of the text hereof, together with a certain map identified by the approving signature of the Municipal Administrator and marked and designated as "The Map of the Zoning Code of the City of Waterville, Lucas County, Ohio," which map is now on file in the office of the Municipal Administrator. The map has been heretofore examined in detail by Council and is hereby adopted as a part of this Zoning Code.  This Zoning Code and each and all of its terms are to be read and interpreted in the light of the contents of such Map.  If any conflict between the Map and the text of this Zoning Code is deemed to arise, the text of this Zoning Code shall prevail. 
(Ord. 431.  Passed 9-4-63.)

1129.03 DEFINITIONS.

   (a)   Words used in the present tense include the future, words in the masculine gender include the feminine and neuter, the singular number includes the plural and the plural the singular and the word "shall" is mandatory and not directory.
   (b)   Where terms are not defined in this section, they shall have their ordinarily accepted meanings or such as the text may imply.
   (c)   Unless otherwise expressly stated, the following terms shall, for the purpose of this Zoning Code, have the following meanings:
      (1)   "Accessory use or building" means a subordinate use or building customarily incident to and located upon the same lot occupied by the main use or building.
      (2)   "Alley" means a dedicated thoroughfare, not more than ten feet wide where required for pedestrian use exclusively and not less than twenty feet wide where required for vehicular use.
      (3)   "Apartment house" means a building or portion thereof used or intended to be used as the home of three or more families or householders living independently of each other.
      (4)   "Basement" means a story, partly or wholly below grade.  If not occupied as living quarters, it shall not be included as a story for the purpose of height measurement.
(5)   "Boarding house" means a building, other than a hotel, where meals are provided for five or more persons, with or without lodging.
      (6)   "Commission" means the Planning Commission of the City of Waterville.
      (7)   "Dwelling" means any house or building or portion thereof occupied or to be occupied in whole or in part as the home, residence or sleeping place of one or more persons.
      (8)   "Dwelling, single-family" means a building designed for or occupied by one family.
      (9)   "Dwelling, two-family" means a building designed for or occupied by two families.
      (10)   "Dwelling, multiple" means a building or a portion of a building having three or more dwelling units and designed for or occupied by three or more families living independently of each other.
      (11)   "Family" means any number of individuals living together as a single housekeeping unit and doing their cooking on the premises.
      (12)   "Floor area" means the space enclosed within a dwelling used for basic living purposes but exclusive of garages, storage rooms and porches or breezeways, enclosed or unenclosed.  The floor area shall be determined by measurement of the exterior walls of the dwelling unit.
      (13)   "Front property line" means the front lot line as shown upon the official plans of the property.
      (14)   Front yard" means an open unoccupied space on the same lot with a building, between the front line of the building (exclusive of steps) and the front property line.
      (15)   "Garage, public" means any premises used for the storage or housing of more than three motor-driven vehicles, or where such vehicles are repaired or kept for hire or sale.
      (16)   "Grade" means the curb line grade at the front lot line as established by Council.
      (17)   "Half-story" means a story situated under a sloping roof, the floor area of which does not exceed one half of the floor area of the floor immediately below it and which does not contain an independent apartment. A half-story shall not be counted for the purpose of determining yard dimensions.
      (18)   "Height of building" means the vertical distance at the building's principal front, measured from the established grade to the highest point of the roof. For buildings set back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building.
      (19)   "Home occupation" (Repealed by Ordinance 33-93.  See Section 1149.02).
      (20)   "Hotel" means a building occupied as the more or less temporary abiding place of individuals who pay the owner or manager for lodging, with or without meals, and in which there are more than five guest rooms, with no provision for cooking in any individual apartment.
      (21)   "Institution" means a building or buildings occupied by a nonprofit organization wholly for public use.
      (22)   "Lodging house" means a building other than a hotel where lodging for five or more persons is provided for compensation.
      (23)   "Lot" means land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under this Zoning Code, and having frontage upon a public thoroughfare.
      (24)   "Motel" means a building or group of buildings designed and maintained to provide shelter and sleeping accommodations, primarily for transient, automobile travelers.
      (25)   "Nonconforming use" means a use of land or a building that does not conform to the regulations of the use district in which such land or building is located.
      (26)   "Setback" means the minimum horizontal distance between the street line and the front line of any building (excluding steps and unenclosed porches extending not more than ten feet beyond the front wall of the building).
      (27)   "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between such floor and the ceiling next above it.
      (28)   "Structure" means anything constructed or erected, the use of which requires a more or less permanent location on the soil, or attachment to something having a permanent location on the soil.
      (29)   "Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders or the addition of a structural part to a building or the removal of a structural part from a building.
      (30)   "Trailer park" means a facility offering grounds or accommodations or both for house trailers or house cars, whether occupied as dwellings or stored temporarily or permanently.
      (31)   "Yard, rear" means an open unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot.
      (32)   "Yard, side" means an open unoccupied space on the same lot with a building between the side wall line of the building and the side line of the same lot.
      (33)   "Zoning Code" or "Zoning Ordinance" shall be deemed to include, where the text permits, any and all amendments thereto as the same may hereafter from time to time be adopted. 
(Ord. 431. Passed 9-4-63.)
      (34)   “Zoning Inspector” means the Municipal Administrator or the Administrator’s designated agent.
      (35)   “Public utility facility” means any building or premises held, used or controlled exclusively for the maintenance activities of any public water, wastewater, storm drainage, electric, gas, telephone, cable television, wireless telecommunication or other public utility.
         (Ord. 14-08.  Passed 6-23-08.)
      (36)   “Building” means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.  A “building” shall not include structures with interior areas not normally accessible for human use.
         (Ord. 35-11.  Passed 11-14-11.)
      (37)   “Premises” means a parcel or parcels constituting a unit of contiguous real property which is not divided by any public street, highway or alley and which either:
         A.   Is devoted to the same business usage, or
         B.   Constitutes a shopping or multi-business center.
            (Ord. 04-14.  Passed 4-14-14.)

1129.04 AMENDMENT PROCEDURE; DEPOSIT.

   (a)   Council, on its motion or on petition, may, after reference to and report by the Planning Commission, and after public notice and hearing as provided in this section, amend, supplement or change district boundaries or zoning regulations herein or subsequently established.
   (b)   At the direction of Council, such motion or petition. shall be certified by the Municipal Administrator to the Planning Commission for report and recommendation within thirty days after such certification. Failure of the Planning Commission to report within such thirty-day period shall be constructed as an approval of the proposed amendment, supplement or change.
   (c)   A public hearing shall be held by Council on all proposed amendments to or changes in, the Zone Map or the text of this Zoning Code.
   (d)   Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City at least thirty days in advance of such hearing. During such thirty-day period, the text, or copy of the text, of the proposed ordinance or measure amending, supplementing or changing the boundaries or regulations herein established, together with the maps or plans or copies thereof, forming part of or referred to in such ordinance or measure, and the maps, plans and reports submitted by the Planning Commission with reference thereto shall be on file for public examination in the office of the Municipal Administrator.
   (e)   If the proposed ordinance or measure intends to rezone or redistrict, written notice of the hearing provided for in this section shall be mailed by the Municipal Administrator by certified mail at least twenty days before the date of such public hearing to the owners of the property proposed to be rezoned or redistricted.  The notice shall be sent to the addresses of such owners appearing on the current tax list of the Auditor of Lucas County, Ohio, or the mailing list of the Treasurer of Lucas County, Ohio.  The failure of delivery of such notice shall not invalidate any such ordinance or measure.
   Written notice of the hearing provided for in this section shall be mailed by the Municipal Administrator by first-class mail at least twenty days before the date of such public hearing to the owners of the property contiguous to and directly across the street from the parcel or parcels proposed to be rezoned or redistricted, to the addresses of such owners appearing on the current tax list of the Auditor of Lucas County, Ohio, or the mailing list of the Treasurer of Lucas County, Ohio.  The failure of delivery of such notice shall not invalidate any such ordinance or measure.
(Ord. 10-97.  Passed 5-12-97.)
   (f)   No ordinance or measure which differs or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths of the membership of Council. 
(Ord. 431.  Passed 9-4-63.)
   (g)   No action shall be taken on a petition for any amendment, supplement or change of the boundaries or regulations herein established unless and until the applicant proposing the same shall pay the City of Waterville a fee as determined from time to time by Council for the processing of said petition and the related costs incurred by the Municipality to accomplish the proposed amendment, supplement or change.
(Ord. 42-05.  Passed 10-24-05.)
   (h)   No property owner shall initiate a zoning amendment affecting the same parcel more often than once every twelve months.
(Ord. 431. Passed 9-4-63.)

1129.05 PURPOSE AND INTERPRETATION.

   (a)   In interpreting and applying the provisions of this Zoning Code, the same shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity and general welfare.  It is not intended by this Zoning Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties.  However, where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by any easements, covenants, agreements, other ordinances, rules, regulations or permits, the provisions of this Zoning Code shall govern.
   (b)   It shall be the duty of the Planning Commission to:
      (1)   Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose thereof.
      (2)   Rule on the proper application or interpret the meaning of this Zoning Code in case a dispute arises between administrative officials of the City and any owner or owners of property.
         (Ord. 431.  Passed 9-4-63.)

1129.06 SEVERABILITY.

   Should any section, clause or provision of this Zoning Code be declared by the courts to be invalid, the same shall not affect the validity of the Zoning Code as a whole or any part thereof, other than the section, clause or provision so declared to be invalid.
(Ord. 431. Passed 9-4-63.)

1131.01 DISTRICTS ESTABLISHED.

   (a)   For the purpose of classifying and regulating the locations of businesses and industries and the location of buildings for specified uses, of regulating and limiting the height and bulk of buildings hereafter erected or structurally altered and of regulating and determining yards and other open spaces within and adjacent to such buildings, the City is hereby divided into use districts, as follows:
      P-1  Parks and Green Space District,
      R-1  Residence District,
      R-1A Residence District, Large Lot,
      R-2  Residence District,
      R-3  Residence District, Multi-Family, Low Density,
      R-4  Residence District, Multi-Family, High Density,
      C-1  Commercial District,
      C-2  Commercial District,
      Commercial Overlay District,
      M-1  Industrial District,
      M-2  Industrial District,
      A-1  Agricultural District,
      MX  Mixed Use District.
   (b)   The boundaries of the use districts are shown upon the Zone Map referred to in Section 1129.02.  Such map and all notations, references and other matters set forth thereon shall constitute a part of this Zoning Code.  The district boundaries as shown on the Map are, unless otherwise indicated, the center lines of streets, alleys or lot lines.
   (c)   Where the actual street layout on the ground varies from that shown on the Map, the designations shown on the Map shall be applied to the street or streets as actually laid out so as to carry out the intent and purpose of the zoning plan for that district.
   (d)   Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be subdivided into blocks and lots, the district boundaries shall be construed to be lot lines.
   (e)   In case a district boundary line cuts a property having a single ownership as of record at the time of the passage of this Zoning Code (Ordinance 431, passed September 4, 1963), all such property may take the least restrictive classification, provided the property is developed as one unit. 
(Ord. 431. Passed 9-4-63; Ord.  9-95.  Passed 11-27-95;  Ord.  09-98.  Passed 5-11-98.)

1131.02 ZONING OF ANNEXED LAND.

   All parcels of land which may hereafter be annexed to the City shall take automatically the R-I Residence, the C-1 Commercial or the M-1 Industrial use classification, depending upon whether they are zoned at the time of annexation in one of the residential, commercial or industrial districts, respectively, of the governing authority formerly having jurisdiction thereover.
   Within a reasonable time after annexation a public hearing on the question of permanent zoning classification shall be held.  Recommendations of the Planning Commission shall be reported to Council, in accordance with Section 1129.04.
(Ord. 431.  Passed 9-4-63.)

1131.03 GENERAL RESTRICTIONS.

   (a)   No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.
   (b)   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
   (c)   No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
   (d)   The minimum yards, parking spaces and other open spaces, including lot area per family, required by this Zoning Code for any building hereafter erected, shall not be encroached upon or considered as parking yard or open space requirements for any other building, nor shall any lot area be reduced below the district requirements of this Zoning Code.
   (e)   Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this Zoning Code.
   (f)   No nonconforming structure or use that was erected, converted or structurally altered, or premises used in violation of the provisions of the zoning ordinance passed May 7, 1941, shall be validated by the adoption of this Zoning Code, and such violations or any violations of this Zoning Code may be ordered removed or corrected by the proper officials at any time.
   (g)   No building shall be erected, converted, enlarged, reconstructed or structurally altered for a dwelling use except in conformity with the floor area regulations of the district in which it is located. 
(Ord. 431. Passed 9-4-63.)
   (h)   No mobile home, house trailer, recreational vehicle, any trailer which is to be used as an office, storage facility or any other commercial purpose, or any other building or structure which can be moved onto a site on wheels, shall be temporarily or permanently occupied as a residence or dwelling or used as an office, storage facility, or other commercial purpose except by special use permit granted in accordance with procedures of Section 1145.06; provided, however, that such special use permit shall be granted only upon the following conditions:
      (1)   Except where the mobile home, house trailer, recreational vehicle or any trailer is to be used temporarily on a construction site, if the special use request is for an office, storage facility or any other commercial use, the use shall be only on premises where the use is ancillary to and supports the primary business conducted from a permanent building or structure on the premises.
      (2)   If the special use request is for a dwelling or residential use, the permit shall be granted for no more than one period not to exceed six months.
      (3)   If the special use request is for a use as a field construction office, storage facility or other use in connection with such construction project, the permit shall be granted for no more than six months; provided, however, that reasonable extensions may be granted by Council.
      (4)   That provisions are made for off-street parking, utilities, sanitary and storm sewers, as well as such other reasonable conditions which may be prescribed by the Planning Commission or Council.
      (5)   That if granted a special use permit by Council, a permit therefor shall be obtained in the manner provided in Section 1147.03.
         (Ord. 4-73.  Passed 3-16-73.)

1132.01 PERMITTED USES.

   In the P-1 Parks and Green Space District no premises shall be used and no building erected or used except for one of the following purposes:
   (a)   Parks, playgrounds, and/or community buildings owned or operated by public agencies, provided that commercial enterprises and public or private amusement facilities are excluded.
   (b)   Park caretaker/security personnel housing units, provided said units are owned and operated by public agencies.
   (c)   Public buildings, including libraries, museums, police and fire stations.
   (d)   Water supply reservoirs, pumping plants and/or towers.
   (e)   Public golf course and clubhouse, provided no clubhouse, swimming pool, and/or parking lot shall be closer than one hundred (100) feet to a property line.
   (f)   Public cemeteries.
   (g)   Customary accessory uses. 
(Ord. 11-93.  Passed 7-26-93.)

1132.02 RESIDENTIAL LOT AND FLOOR AREA REQUIREMENTS.

   Requirements as to minimum lot area and minimum floor area as set forth in Sections 1145.01 and 1145.02, respectively, shall apply to the erection, reconstruction, or relocation of any single-family residence within the P-1 Parks and Green Space District.
(Ord. 11-93.  Passed 7-26-93.)

1132.03 YARD AND HEIGHT REQUIREMENTS.

   Minimum yard requirements and maximum height limitations, as well as other requirements contained therein, shall be the same as those specified for the R-1 Residence Use District by Sections 1145.03 to 1145.05, respectively.
(Ord. 11-93.  Passed 7-26-93.)

1132.04 PARKING REQUIREMENTS.

   Off-street parking shall be provided at the time any building is erected, relocated, or rebuilt, consistent with all other provisions of Sections 1145.05 and according to the following schedule:
 
(a)   Community buildings      (1)   Space for each 100 sq. ft. of floor area
(b)   Housing units         (2)   Spaces for each unit
(c)   Public buildings      (1)   Space for each 400 sq. ft. of floor area
(d)   Water supply         (2)   Spaces for each facility
(e)   Golf course/clubhouse   (4)   Spaces for each hole plus one (1) for each employee
(f)   Public cemeteries      (1)   Space for each 1,000 sq. ft. of lot area
      (Ord. 11-93.  Passed 7-26-93.)

1133.01 PERMITTED USES.

   (a)   In the R-1 Residence District, no premises shall be used and no building shall be erected or used except for one of the following purposes:
      (1)   Single family dwelling,
      (2)   Home occupations,
      (3)   A private garage or other accessory buildings such as are ordinarily appurtenant to uses permitted in this district.  A private swimming pool will be permitted, provided that it shall meet the setback requirements of this Zoning Code and shall be constructed in compliance with Sections 150.100 through 150.107 of the Building Code.
   (b)   In addition to the above permitted uses, the following uses shall be permitted by special permit issued pursuant to Chapter 1148 of this Zoning Code:
      (1)   Public library or art gallery,
      (2)   Churches or other places of public worship,
      (3)   Public or private schools, provided that the curriculums of the latter are similar to those of public schools of like grade,
      (4)    Parks, playgrounds and community buildings owned or operated by public agencies, provided that commercial enterprises and public or private amusement facilities are excluded,
      (5)   The office of a physician, dentist, attorney, engineer or other professional person when maintained either in his or her dwelling or dwelling-type building, the architecture of which harmonizes with that of neighboring buildings, subject to the following conditions:
         A.   No sign with an area greater than one and one-half square feet shall be displayed,
         B.   No wares or merchandise of any kind shall be sold or serviced,
         C.   Only office or professional equipment such as is ordinarily required in the profession followed by the occupant shall be used,
         D.   Off-street parking facilities, in accordance with Section 1145.05 shall be provided. 
(Ord. 35-85.  Passed 1-27-86.)

1133.02 AREA AND HEIGHT REGULATIONS.

   Requirements as to minimum lot area per family, minimum floor area, minimum yard area; maximum height and off-street parking, as set forth in Sections 1145.01 to 1145.05, respectively, shall all apply to buildings hereafter erected, relocated, structurally altered or rebuilt within R-1 Residence Districts.
(Ord. 431.  Passed 9-4-63.)

1134.01 PERMITTED USES.

   In the R-1A Residence, Large Lot District no premises shall be used and no building erected or used except for one of the following purposes:
   (a)   Single-family residence
   (b)   Customary accessory uses. 
(Ord. 4-93.  Passed 3-8-93.)

1134.02 RESIDENTIAL LOT AREA REQUIREMENTS.

   Any residence that may be erected within the R-1A Residence, Large Lot District shall have and maintain a minimum of one (1) acre of lot area per single-family residence.
(Ord. 4-93.  Passed 3-8-93.)

1134.03 RESIDENTIAL FLOOR AREA; HEIGHT, YARD, DENSITY, AND PARKING REQUIREMENTS.

   Any residence that may be erected within the R-1A Residence, Large Lot District shall not have less than 2,500 square feet of floor area and shall otherwise conform with height, yard, and parking requirements of the R-1 Residence District.
(Ord. 4-93.  Passed 3-8-93.)

1135.01 PERMITTED USES.

   In the R-2 Residence District no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)   Any use permitted in the R-1 Residence District.
   (b)   Two-family dwellings.
      (Ord. 431. Passed 9-4-63.)

1135.02 AREA AND HEIGHT REGULATIONS.

   Requirements as to minimum lot area per family, minimum floor area, minimum yard area, maximum height and off-street parking, as set forth in Sections 1145.01 to 1145.05, respectively, shall all apply to buildings hereafter erected, relocated, structurally altered or rebuilt within R-2 Residence Districts.
(Ord. 431.  Passed 9-4-63.)

1136.01 PERMITTED USES.

   In the R-3 Residence District, Multi-Family, Low Density no premises shall be used and no building erected or used except for one of the following purposes:
   (a)   Any use permitted in the R-2 Residence District, except single-family dwellings.
      (Ord. 10-13.  Passed 5-13-13.)
   (b)   Condominiums with four-family, three-family, and/or two-family dwelling units.
   (c)   Four-family dwellings.
   (d)   Three-family dwellings.
   (e)   Customary accessory uses.  (Ord. 13-93.  Passed 7-26-93.)

1136.02 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05, respectively.

1136A.01 PERMITTED USES.

   In the R-4 Residence District, Multi-Family, High Density no premises shall be used and no building erected or used except for one of the following purposes:
   (a)   Any use permitted in the R-3 Residence District, Multi-Family, Low Density
   (b)   Apartments and/or apartment complex(es)
   (c)   Townhouses
   (d)   Garden apartments
   (e)   Other multi-family residential construction having a greater dwelling unit density than is permitted in the R-3 Residence District
   (f)   Customary accessory uses. 
(Ord. 14-93.  Passed 7-26-93.)

1136A.02 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05, respectively.

1136B.01 PURPOSE.

   (a)   The purpose of this chapter is to maintain a high character of community development, to promote stability of property and property values, to provide for orderly development, to provide for proper movement of traffic, and to secure the general safety of citizens by regulating the characteristics of the property as a whole throughout the hereinafter- defined Residential Overlay District.
   (b)   It is the further purpose of this chapter to recognize and preserve the distinctive architectural character of this community, which has been greatly influenced by the architecture of an earlier period in this community's history. This purpose shall be served by the review and approval of the site plan including but not limited to the site design, finish grade line, driveway location and design, lighting, landscaping, pedestrian accessibility and the orientation of all structures hereinafter altered, constructed, reconstructed, erected, enlarged or remodeled, removed or demolished in the hereinafter defined Residential Overlay District.
(Ord. 01-05.  Passed 3-14-05.)

1136B.02 DISTRICT BOUNDARIES.

   (a)   As of the date of final adoption of this chapter, there is hereby established a Residential Overlay District which shall include any property in the R-3 and R-4 zoning districts.
   (b)   Provisions of this chapter shall be applicable to Residential projects on R-3 and R-4 property constructed after the effective date of this section.
(Ord. 01-05.  Passed 3-14-05.)

1136B.03 REVIEW BOARD.

   The Municipal Planning Commission, as appointed and approved by Council, shall be the review board for the Residential Overlay District. The Municipal Planning Commission shall review applications for zoning permits filed under this chapter and recommend to Council the issuance or denial of said permits within the district boundaries as delineated in Section 1136B.02. The Council shall have the final approval on all zoning permits to be issued under this chapter. 
(Ord. 01-05.  Passed 3-14-05.)

1136B.04 APPLICATION AND NOTICE.

   (a)    Whenever a development, as defined by the Planning and Zoning Code, being used or to be used for Multi Family Resident purposes, is proposed to be constructed, an application for a zoning permit shall be filed with the Municipal Administrator together with a fee as determined from time to time by Council.
   (b)    Upon receipt of an application for a zoning permit for a development as defined in Section 1136B.04(a), the public hearing and notice procedure specified in Section 1129.04 for changes in the Planning and Zoning Code shall be followed.
   (c)    The application shall be accompanied by a site plan and building elevations drawn  to scale indicting at a minimum, the lot dimensions, size, shape and dimensions of all structures; the location and orientation of the structures on the lot and the actual or proposed building setback lines, the ingress and egress, landscaping and orientation of the buildings and any significant architectural features. In addition, the Municipal Planning Commission or Council may require the submission of colored perspectives or architectural renderings in applications where the Planning Commission or Council feels it is required.
(Ord. 01-05.  Passed 3-14-05.)

1136B.05 STANDARDS FOR REVIEW.

   (a)    The Municipal Planning Commission, in deciding whether to recommend the issuance of a zoning permit, shall determine whether the application under consideration promotes, preserves and enhances the distinctive character of the community and whether the improvements are detrimental to the general interest of the Municipality and whether they are in conflict with the provisions of this chapter. In conducting its review, the Planning Commission shall make examination of and give consideration to the elements of the application including but not limited to:
      (1)    Height, which shall include the requirements of Section 1145.04(a) and (b);
      (2)    Compatibility of design and materials, which shall include the appropriateness of the use of exterior design details;
      (3)    Landscape design and planting, which shall include lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views;
      (4)    Vehicular and pedestrian access, which shall include location, width and type of surface for all points of ingress and egress and consideration of the ability of large vehicles such as refuse trucks, package delivery trucks, school buses and emergency equipment to serve the development;
      (5)    Signage, which shall include, in addition to requirements of Chapter 1315 of the Building Code, the appropriateness of signage to the building;
      (6)    Exterior lighting, which shall include location, type, and/or design of lighting and/or lighting fixtures to be used,
      (7)    The location, material and height of walls and fences,
      (8)    The location and screening of common refuse containment areas.
   (b)    In conducting its inquiry and review, the Planning Commission and/or Council may request from the applicant such additional information, sketches and data, as  it shall reasonably require. It may call upon experts and specialists for testimony  and opinion regarding matters under examination. It may recommend to the  applicant changes in the plans it considers desirable and may accept a voluntary  amendment to the application to include or reflect such changes. The Planning  Commission shall keep a record of its proceedings and shall attach to the  application copies of information, sketches and data needed to describe clearly  any amendment to it.
   (c)    Traffic Impact Study.  If required by the Ohio Department of Transportation, the City Engineer, Municipal Administrator, Planning Commission or Council, a traffic impact study shall be prepared by a qualified professional engineer at the developer's expense. The study shall investigate the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations, etc. to protect the safety and welfare of the traveling public. The traffic impact study shall include the following elements:
      (1)    A description of the site and study area.
      (2)    Trip generation and distribution.
      (3)    Traffic assignment resulting from the development.
      (4)    An assessment of the impact resulting from driveway alternatives.
      (5)    Recommendations for site access and transportation improvements needed to maintain traffic flow at an acceptable and safe level of service.
      (6)    An evaluation of the effects the proposed development will have on the level of service, roadway capacity and general public safety.
   (d)    When its review is concluded, the Planning Commission will determine by a vote of its members whether the zoning permit shall be recommended to Council for approval or disapproval.
   (e)    After receiving the recommendation from the Planning Commission, Council shall consider such recommendation and vote on the approval or disapproval of  the zoning permit.
(Ord. 01-05.  Passed 3-14-05.)

1136B.06 REPAIR OR MAINTENANCE EXCEPTION.

   Nothing in this chapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the Residential Overlay District.
(Ord. 01-05.  Passed 3-14-05.)

1137.01 PURPOSE.

   The C-l Neighborhood Commercial District is designed to accommodate small retail and service businesses required for the day-to-day needs of persons residing in adjacent and nearby residential districts.
(Ord. 19-05.  Passed 1-23-06.)

1137.02 PERMITTED USES.

   In the C-l Neighborhood Commercial District, no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)    Accessory antennas used by amateur radio operators holding a valid amateur radio (HAM) license issued by the FCC.
   (b)    Accessory dish antennas two meters or less in diameter or diagonal measurement.
   (c)    Accessory parking lots for temporary parking of automobiles associated with a commercial land use, provided the parking lot is screened or fenced from view from the public right-of-way or adjacent residential properties.
   (d)    Accessory retail sales offices or outlets associated with home repair and service shops or printing shops employing less than ten persons.
   (e)    Accessory television broadcast signal (TVBS) antenna, provided all yard setback and height requirements are met and the device is within the exclusive use or control of an antenna user where the user has a direct or indirect ownership interest in that property.
   (f)    Amusement arcade not subject to Chapter 1150 [SOB].
   (g)    Bed & Breakfast Facilities
   (h)    Bakeries selling products at retail on the premises.
   (i)    Banks and Savings and Loan Associations without drive-through facilities.
   (j)    Barber and beauty shops and similar personal service shops.
   (k)    Bicycle rental, sales, and repair shop.
   (1)   Catering service establishments.
   (m)    Commercial uses in small-scale structures less than or equal to 5,000 square feet in gross floor area.
   (n)    Convenience food stores, carry-outs, food lockers.
   (o)    Day care and nursery school facilities.
   (p)    Day care, adult.
   (q)    Dressmaking, millinery, tailor and similar businesses employing not more than five  persons.
   (r)    Food and grocery stores under 5,000 square feet (grocery stores; meat and fish (seafood) markets; fruit stores and vegetable markets; candy, nut, and confectionery stores; dairy products stores; retail bakeries; delicatessens; liquor stores; miscellaneous food stores).
   (s)    Funeral Homes.
   (t)    Health clubs.
   (u)   Home repair and service contractor shops, including carpentry, electricians, HVAC, plumbing, painting, roofing, decorating and other similar shops, provided that the business is entirely within a completely enclosed building, and there is not storage of supplies or equipment on the premises outside the building.
   (v)    Kennels, Indoor.
   (w)    Laundromat; Laundry, Dry Cleaning, or Ironing Pickup Station.
   (x)    Offices and shared office facilities for administrative and professional services not involving retail sales to the general public or the maintenance of stock for sale to customers, including consulting, finance, and real estate offices.
   (y)    Offices for medical, dental, and outpatient surgery centers and clinics.
   (z)    Photography offices, supplies, galleries, and studios, not subject to Chapter 1150 [SOB].
   (aa)    Places of public worship.
   (bb)   Restaurants, cafes, and take-outs without drive-in or drive-through facilities, or delivery services in excess of one delivery vehicle.
   (cc)    Retail sales, Apparel (men's and boy's clothing and furnishings stores; women's accessory and specialty stores; women's ready-to-wear stores; children's and infant’s wear stores; family clothing stores; shoe stores; custom tailors; furriers and fur shops; and other similar retail stores not elsewhere classified but not subject to Chapter 1150 [SOB].
   (dd)   Retail sales, Boutique (antique and second-hand stores; art galleries; book and stationary stores; camera and photographic supply stores; cigar stores and stands; discount and variety stores; drug stores and proprietary stores; florists and flower sales; gift, novelty, and souvenir shops; jewelry stores; news dealers and news stands; sporting goods stores; optical goods stores; video stores; and other similar retail stores not elsewhere classified, but not subject to Chapter 1150 [SOB].
   (ee)    Schools, colleges, universities, and other institutions of learning, adjacent dormitories, and adjacent play areas, recreational grounds or facilities.
   (ff)   Vehicle accessory part stores.
      (Ord. 19-05.  Passed 1-23-06.)

1137.03 CONDITIONAL USES.

   In the C-1 Neighborhood Commercial District, no premises shall be used and no building shall be erected or used for one of the following purposes unless approved by the Planning Commission pursuant to the procedures and guidelines outlined in Sections 1148.03 through 1148.10:
   (a)    Art creation, stained glass creation and repair and furniture creation and repair; provided there is no objectionable smoke, gas, odor, dust or noise and all operations are confined to the interior of the building or buildings with no outdoor storage of raw materials, manufactured items or waste products.
   (b)    Banks and Savings and Loan Associations with drive-through facilities.
   (c)    Bars, taverns, cocktail lounges, nightclubs, and similar places of amusement or entertainment.
   (d)    Commercial, recreational or amusement development for temporary, seasonal periods only.
   (e)    Community centers and senior centers.
   (f)    Display rooms for merchandise to be sold at wholesale, provided that merchandise stocks are stored elsewhere.
   (g)    Dwellings, Apartments, above the first floor of a commercial use.
   (h)    Exterminator service.
   (i)    Food and grocery stores of 5,000 square feet or more (supermarkets).
   (j)    Museums.
   (k)    Other uses as are deemed compatible and harmonious with the authorized uses permitted in any district and which are determined not to be detrimental to the general welfare or safety of the community as a whole.
   (l)    Pet stores and supplies.
   (m)    Recreational facilities, outdoor, including golf courses, country clubs, yacht clubs and marinas, swimming pools, tennis courts, and similar facilities.
   (n)    Retail Centers on a minimum parcel size of five (5) acres, subject to the site plan approval of the Planning Commission and Council. Site plans shall meet the requirements of Section 1155.03 and indicate suitable provision for access management, parking areas pursuant to Section 1145.05, landscaping equivalent to the requirements listed in Section 1144A.07, signage pursuant to Chapter 1315, and other facilities or requirements ordinarily accepted as comprising a shopping center. If a retail center is to be developed in phases, then each phase shall be identified in the site plan.
   (o)    Retail sales, General merchandise (department stores; computer sales; furniture; hardware; home furnishings; household appliance; mail order houses; radio, television, and music stores; and other similar stores not elsewhere classified, but not subject to Chapter 1150 [SOB].
   (p)    Service and repair shops for the repair of light machinery and appliances, electronic equipment, shoes and uses of a similar nature, provided that not more than five persons are employed and that no manufacturing is done.
   (q)    Vehicle fueling stations without repair garage.
   (r)    Vehicle washing facility, Self-service.
   (s)    Vehicle, trailer, or boat body shop establishments provided that all parts, material, or damaged, dismantled, or junked vehicles, trailers, and boats are stored inside a building on the premises.
   (t)    Vehicle, trailer, or boat sales or minor repair or service establishments provided that no vehicle, trailer, or boat shall be displayed or parked in a required yard setback; provided that outside display of vehicles, trailers, and boats for sale shall be suitably screened or fenced; and provided that all inventory of parts, materials, or damaged, dismantled, or junked vehicles, trailers, and boats are stored inside a building on the premises.
   (u)    Vehicle, trailer, or boat temporary, daily, or overnight parking as a principal use on a parcel, provided that outside parking lots shall be suitably screened or fenced from view of the public right-of way or adjacent residential properties.
   (v)    Veterinary clinics or animal hospitals with no outside kennels or open runways and where animals are not boarded unless required for observation for medical diagnosis or following surgery.
      (Ord. 19-05.  Passed 1-23-06.)

1137.04 EXISTING DWELLING UNITS.

   Existing below or ground level dwelling units located in the same building with a business use within the C-1 Neighborhood Commercial District are classified as nonconforming and shall not be enlarged or structurally altered except for necessary maintenance of living standards.
(Ord. 19-05.  Passed 1-23-06.)

1137.05 ADDITIONALLY PERMITTED RESIDENTIAL USES.

   Except as authorized herein or otherwise by separate action by Council, the expansion of permitted uses for residential purposes within this commercial district shall not be construed so as to authorize the establishment of such use in another commercial or industrial district within this Municipality.
(Ord. 19-05.  Passed 1-23-06.)

1137.06 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall be those specified by Sections 1145.03 to 1145.05, respectively.
(Ord. 19-05.  Passed 1-23-06.)

1137.07 SIGNAGE REQUIREMENTS.

   Signs will comply with Chapter 1315 .
(Ord. 19-05.  Passed 1-23-05.)

1137.08 LANDSCAPE REQUIREMENTS.

   Landscaping shall comply with Chapter 1151 .
(Ord. 19-05.  Passed 1-23-05.)

1139.01 PURPOSE.

   The C-2 Downtown Commercial District is designed to accommodate a variety of retail stores, office buildings, service establishments and related activities to satisfy the convenience and service needs of the Municipal residents and consumers beyond the corporate limits. The C-2 Downtown Commercial District contains structures of architectural and historical interest, which are unique and represent the original core of the Commercial District of the Municipality. A limitation on building size will be included to help guard against new construction of an inappropriate scale (should the existing structure somehow be removed). This District is intended to preserve and protect the unique character of the area by establishing certain standards and review procedures that will ensure harmonious development.
(Ord. 21-05.  Passed 1-23-06.)

1139.02 PERMITTED USES.

   In the C-2 Downtown Commercial District, no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)    Accessory antennas used by amateur radio operators holding a valid amateur radio (HAM) license issued by the FCC.
   (b)    Accessory dish antennas two meters or less in diameter or diagonal measurement.
   (c)    Accessory parking lots for temporary parking of automobiles associated with a commercial land use, provided the parking lot is screened or fenced from view from the public right-of-way or adjacent residential properties.
   (d)    Accessory retail sales offices or outlets associated with home repair and service shops or printing shops employing less than ten persons.
   (e)    Accessory television broadcast signal (TVBS) antenna, provided all yard setback and height requirements are met and the device is within the exclusive use of control of an antenna user where the user has a direct or indirect ownership interest in that property.
   (f)    Accessory value-added reseller (VAR) processing and manufacturing incidental to a retail business conducted on the premises and not objectionable because of smoke, odor, dust or noise.
   (g)    Amusement arcade not subject to Chapter 1150 [SOB].
   (h)    Art Sales and Creation: artists' shops, artist galleries, handicrafts, art studios, art studios in residences, art sales, artists' lofts, art lessons, music conservatories, music lessons, art and music supply stores, stained glass stores and repair, furniture creation and sales, provided there is no objectionable smoke, gas, color, dust or noise and all operations are confined to the interior of the building or buildings with no outdoor storage of raw materials, manufactures items or waste products.
   (i)    Bakeries selling products at retail on the premises.
   (j)    Banks and Savings and Loan Associations with drive-through facilities not to exceed one lane.
   (k)    Banks and Savings and Loan Associations without drive-through facilities.
   (l)   Barber and beauty shops and similar personal service shops.
   (m)    Bars, taverns, cocktail lounges, nightclubs and similar places of amusement or entertainment.
   (n)    Bed and breakfast facilities.
   (o)    Bicycle rental, sales and repair shops.
   (p)    Catering service establishments.
   (q)    Places of public worship.
   (r)    Commercial uses in small-scale structures less than or equal to five thousand square feet (5000 sq. ft.) in gross floor area.
   (s)    Convenience food stores, carryouts, food lockers.
   (t)    Day-care, adult.
   (u)    Dressmaking, millinery, tailor and similar businesses employing not more than five persons.
   (v)    Food and grocery stores under five thousand square feet (5000 sq. ft.); grocery stores; meat and fish (seafood markets); fruit stores and vegetable markets; candy, nut and confectionery stores; dairy product stores; retail bakeries; delicatessens; liquor stores; and miscellaneous food stores.
   (w)    Fraternal organizations, lodges and clubs.
   (x)    Home repair and service contractor shops, including carpentry, electricians, HVAC, plumbing, painting, roofing, decorating and other similar shops, provided that the business is entirely within a completely enclosed building and there is not storage of supplies of equipment on the premises outside the building.
   (y)    Laundromat; Laundry, Dry Cleaning or Ironing Pickup Station.
   (z)    Offices and shared office facilities for administrative and professional services not involving retail sales to the general public or the maintenance of stock for sale to customers, including consulting, finance, and real estate offices.
   (aa)   Offices for medical, dental and out patient surgery centers and clinics.
   (bb)    Photography offices, supplies, galleries, and studios, not subject to Chapter 1150 [SOB].
   (cc)   Photostating, printing, publishing.
   (dd)    Restaurants, cafes, and take-outs without drive-in or drive-through facilities or delivery services in excess of one delivery vehicle.
   (ee)    Retail sales, Apparel: men's and boy's clothing and furnishing stores; women's accessory and specialty stores; women's ready to wear stores; children's and infant's wear stores; family clothing stores; shoes stores; custom tailors; furriers and fur shops; and other similar retail stores not elsewhere classified, but not subject to Chapter 1150 [SOB].
   (ff)    Retail sales, Boutique: antique and second-hand stores; art galleries; book and stationery stores; camera and photographic supply stores; cigar stores and stands; discount and variety stores; drug stores and proprietary stores; florists and flower sales; gift, novelty and souvenir shops, jewelry stores; news dealers and news stands; sporting goods stores; optical goods stores; video stores, and other similar retail stores not elsewhere classified, but not subject to Chapter 1150 [SOB].
   (gg)    Retail sales, General Merchandise: department stores; computer sales; furniture; hardware; home furnishings; household appliance; mail order houses; radio, television and music stores; and other similar stores not elsewhere classified, but not subject to Chapter 1150 [SOB]
   (hh)    Schools, colleges, universities, and other institutions of learning, adjacent dormitories, and adjacent play areas, recreational grounds or facilities.
   (ii)    Vehicle accessory part stores.
   (jj)    Veterinary clinics or animal hospitals with no outside kennels or open runways and where animals are not boarded unless required for observation for medical diagnosis or following surgery.
      (Ord. 21-05.  Passed 1-23-06.)

1139.03 CONDITIONAL USES.

   In the C-2 Downtown Commercial District, no premises shall be used and no building shall be erected or used for one of the following purposes unless approved by the Planning Commission pursuant to the procedures and guidelines outlined in Section 1148.03 through 1148.10. 
   (a)    Accessory buildings and uses customarily incidental to uses permitted in this District.
   (b)    Commercial, recreational, or amusement development for temporary, seasonal periods only.
   (c)    Community centers and senior centers.
   (d)    Day care and nursery school facilities.
   (e)    Display rooms for merchandise to be sold at wholesale, provided that merchandise stocks are stored elsewhere.
   (f)    Dwellings, apartments, above the first floor of commercial use.
   (g)    Food and grocery stores of five thousand square feet (5000 sq. ft.) or more (supermarkets).
   (h)    Museums.
   (i)    Pet store, supplies.
   (j)   Vehicle, trailer or boat sales or minor repair or service establishments, provided that no vehicle, trailer or boat shall be displayed or parked in a required yard setback; provided that outside display of vehicles, trailers and boats for sale shall be suitably screened or fenced, and provided that all inventory of parts, material, or damaged, dismantled or junked vehicles, trailers and boats are stored inside a building on the premises.
   (k)    Vehicle, trailer or boat temporary, daily, or overnight parking as a principal use on a parcel, provided that outside parking lots shall be suitably screened or fenced from view of the public right-of-way or adjacent residential properties.
   (l)   Other uses as are deemed compatible and harmonious with the authorized uses permitted in any district and which are determined not to be detrimental to the general welfare or safety of the community as a whole.
      (Ord. 21-05.  Passed 1-23-06.)

1139.04 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05.
(Ord. 21-05.  Passed 1-23-06.)

1139.05 SIGNAGE REQUIREMENTS.

   Signs will comply with Chapter 1315 .
(Ord. 21-05.  Passed 1-23-06.)

1139A.01 PURPOSE.

   The C-3 Highway Commercial District is designed to accommodate major highway oriented uses that serve the general commercial needs of the residents of the community and surrounding areas. Certain other related uses are permitted.
(Ord. 20-05.  Passed 1-23-06.)

1139A.02 PERMITTED USES.

   In the C-3 Highway Commercial District, no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)    Accessory dish antennas two meters or less in diameter or diagonal measurement.
   (b)    Amusement arcade not subject to Chapter 1150 [SOB]
   (c)    Art galleries, museums, libraries, community centers, and senior centers.
   (d)    Bakeries selling products at retail on the premises.
   (e)    Banks and Savings and Loan Associations with drive-through facilities.
   (f)    Banks and Savings and Loan Associations without drive-through facilities.
   (g)    Bars, taverns, cocktail lounges, nightclubs, and similar places of amusement or entertainment.
   (h)    Bicycle rental, sales, and repair shop.
   (i)    Bowling alleys.
   (j)    Catering service establishments.
   (k)    Convenience food stores, carryouts, food lockers.
   (l)    Dance halls and similar places of amusement or entertainment.
   (m)    Day care, adult.
   (n)    Dressmaking, millinery, tailor and similar businesses employing not more than five persons.
   (o)   Exterminator service.
   (p)    Food and grocery stores under 5,000 square feet (grocery stores;. meat and fish (seafood) markets; fruit stores and vegetable markets; candy, nut, and confectionery stores; dairy products stores; retail bakeries; delicatessens; liquor stores; miscellaneous food stores).
   (q)    Fraternal organizations, lodges, and clubs.
   (r)    Funeral Homes.
   (s)    Health clubs.
   (t)    Home repair and service contractor shops, including carpentry, electricians, HVAC, plumbing, painting, roofing, decorating and other similar shops, provided that the business is entirely within a completely enclosed building, and there is not storage of supplies or equipment on the premises outside the building.
   (u)    Hospitals for medical and surgical care and recovery.
   (v)   Hotels, motels, motor inns, and motor courts.
   (w)    Kennels, Indoor.
   (x)    Laundromat; Laundry, Dry Cleaning, or Ironing Pickup Station.
   (y)    Monument sales where stone cutting is performed in an enclosed building.
   (z)    Nursing homes, rehab centers, assisted living facilities and hospice.
   (aa)    Offices and shared office facilities for administrative and professional services not involving retail sales to the general public or the maintenance of stock for sale to customers, including consulting, finance, and real estate offices.
   (bb)    Offices for medical, dental, and outpatient surgery centers and clinics.
   (cc)   Pet stores and supplies.
   (dd)    Photography offices, supplies, galleries, and studios, not subject to Chapter 1150 [SOB].
   (ee)   Photostating, printing, publishing.
   (ff)    Places of public worship.
   (gg)    Plant nurseries and garden centers.
   (hh)    Recreational facilities, Indoor, including field houses, swimming pools, gymnasiums, golf domes, and similar facilities.
   (ii)    Restaurants, cafes, and take-outs with drive-in and/or drive-through facilities, and/or delivery services in excess of one delivery vehicle.
   (jj)    Restaurants, cafes, and take-outs without drive-in or drive-through facilities, or delivery services in excess of one delivery vehicle.
   (kk)    Retail sales, Boutique (antique and second-hand stores; book and stationary stores; camera and photographic supply stores; cigar stores and stands; discount and variety stores; drug stores and proprietary stores; florists and flower sales; gift, novelty, and souvenir shops; jewelry stores; news dealers and news stands; sporting goods stores; optical goods stores; video stores; and other similar retail stores not elsewhere classified, but not subject to Chapter 1150 [SOB]).
   (ll)   Retail sales, General merchandise (department stores; computer sales; furniture; hardware; home furnishings; household appliance; mail order houses; radio, television, and music stores; and other similar stores not elsewhere classified, but not subject to Chapter 1150 [SOB].
   (mm)   Schools, colleges, universities, and other institutions of learning, adjacent dormitories, and adjacent play areas, recreational grounds or facilities.
   (nn)    Service and repair shops for the repair of light machinery and appliances, electronic equipment, shoes and uses of a similar nature, provided that not more than five persons are employed and that no manufacturing is done.
   (oo)    Theaters for motion picture or live entertainment, not subject to Chapter 1150 [SOB].
   (pp)    Vehicle accessory part stores.
   (qq)    Vehicle fueling stations with repair garage.
   (rr)    Vehicle fueling stations without repair garage.
   (ss)    Vehicle repair garages without fueling station.
   (tt)    Vehicle washing facility, Full-service.
   (uu)    Vehicle washing facility, Self-service.
   (vv)    Vehicle, trailer, or boat body shop establishments provided that all parts, material, or damaged, dismantled, or junked vehicles, trailers, and boats are stored inside a building on the premises.
   (ww)   Vehicle, trailer, or boat long-term or seasonal storage provided that all vehicle, trailers, and boats are stored inside a building on the premises.
   (xx)    Vehicle, trailer, or boat sales or minor repair or service establishments provided that no vehicle, trailer, or boat shall be displayed or parked in a required yard setback; provided that outside display of vehicles, trailers, and boats for sale shall be suitably screened or fenced; and provided that all inventory of parts, material, or damaged, dismantled, or junked vehicles, trailers, and boats are stored inside a building on the premises.
   (yy)   Veterinary clinics or animal hospitals with no outside kennels or open runways and where animals are not boarded unless required for observation for medical diagnosis or following surgery.
      (Ord. 20-05.  Passed 1-23-06.)

1139A.03 CONDITIONAL USES.

   In the C-3 Highway Commercial District, no premises shall be used and no building shall be erected or used for one of the following purposes unless approved by the Planning Commission pursuant to the procedures and guidelines outlined in Sections 1148.03 through 1148.10:
   (a)   Accessory buildings and uses customarily incidental to uses permitted in this district.
   (b)    Accessory facade-mounted wireless telecommunication antenna, including dish antennas greater than two meters in diameter or diagonal measurement.
   (c)    Art creation, stained glass creation and repair, furniture creation and repair; provided there is no objectionable smoke, gas, odor, dust or noise and all operations are confined to the interior of the building or buildings with no outdoor storage of raw materials, manufactured items or waste products.
   (d)    Bus depots.
   (e)    Commercial, recreational or amusement development for temporary, seasonal periods only.
   (f)    Commercially operated transmission pipelines, located either above or below ground surface, and used for transferring such substances as: petroleum derived substances; all other types of liquid organic substances; all types of liquefied gases; all noxious gases such as ammonia, chlorine, benzene, etc.; coal slurries; any substance having a pH of 3.0 or lower; and any substance having a pH of 12.0 or higher. Excluded are local service lines installed to distribute natural gas to residential or commercial customers located within the Municipality or having extensions into the Township.
   (g)    Commercial uses in large-scale structures greater than 75,000 square feet in gross floor area.
   (h)    Day care and nursery school facilities.
   (i)    Dry Cleaning Facility.
   (j)    Food and grocery stores of 5,000 square feet or more (supermarkets).
   (k)    Hotels and motels, Extended-stay.
   (l)   Parks and playgrounds.
   (m)    Recreational facilities, outdoor, with greater potential to create noise nuisance, including miniature golf courses, batting cages, go-cart racing, and similar facilities.
   (n)    Self-service storage facility.
   (o)    Theaters, Drive-in, not subject to Chapter 1150 [SOB].
   (p)    Vehicle drive-through mini-marts.
   (q)    Vehicle, trailer, or boat temporary, daily, or overnight parking as a principal use on a parcel, provided that outside parking lots shall be suitably screened or fenced from view of the public right-of way or adjacent residential properties.
   (r)    Other uses as are deemed compatible and harmonious with the authorized uses permitted in any district and which are determined not to be detrimental to the general welfare or safety of the community as a whole.
      (Ord. 20-05.  Passed 1-23-06.)

1139A.04 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05, respectively.
(Ord. 20-05.  Passed 1-23-06.)

1139A.05 SIGNAGE REQUIREMENTS.

   Signs will comply with Chapter 1315 .
(Ord. 20-05.  Passed 1-23-06.)

1139A.06 LANDSCAPE REQUIREMENTS.

   Landscaping shall comply with Chapter 1151 .
(Ord. 20-05.  Passed 1-23-06.)

1139B.01 PURPOSE.

   The C-4 Mixed Use Business District is designed to accommodate a viable and compatible mix of retail, office, and industrial uses in a commercial park-like site in the district. The Mixed Use District should encourage creative planning and design in the arrangement and siting of buildings, parking areas, circulation and access, shared parking facilities and ingress/egress arrangements, and elimination of multiple curb cuts; and discourage the use of property with small and isolated freestanding commercial structures oriented primarily to automobile traffic. Non-contiguous parcels and lots may be added to an established site, provided that such non-contiguous parcels and lots are situated in the same plat in which all or part of an established site is located, or in a plat which is contiguous to a plat in which all or part of an established site is located, and provided further that all other requirements of this Zoning Code are met.
(Ord. 22-05.  Passed 1-23-06.)

1139B.02 PERMITTED USES.

   In the C-4 Mixed Use Business District, no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)    Accessory antennas used by amateur radio operators holding a valid amateur radio (HAM) license issued by the FCC.
   (b)    Accessory dish antennas two meters or less in diameter or diagonal measurement.
   (c)    Accessory facade-mounted wireless telecommunication antenna, not including dish, HAM radio, or TVBS antennas.
   (d)    Accessory parking lots for temporary parking of automobiles associated with a commercial land use, provided the parking lot is screened or fenced from view from the public right-of-way or adjacent residential properties.
   (e)    Accessory television broadcast signal (TVBS) antenna, provided all yard setback and height requirements are met and the device is within the exclusive use or control of an antenna user where the user has a direct or indirect ownership interest in that property.
   (f)    Accessory value-added reseller (VAR) processing and manufacturing incidental to a retail business conducted on the premises and not objectionable because of smoke, odor, dust or noise.
   (g)    Amusement arcade not subject to Chapter 1150 [SOB].
   (h)    Art galleries, museums, libraries, community centers and senior centers.
   (i)    Art sales and creation: artists' shops, art galleries, handicrafts, art studios, art studios in residences, art sales, artists' lofts, art lessons, music conservatories, music lessons, art and music supply stores, stained glass stores and repair, furniture creation and sales; provided there is no objectionable smoke, gas, odor, dust or noise and all operations are confined to the interior of the building or buildings with no outdoor storage of raw materials, manufactured items or waste products.
   (j)    Bakeries selling products at retail on the premises.
   (k)    Banks and Savings and Loan Associations with drive-through facilities.
   (l)    Banks and Savings and Loan Associations without drive-through facilities.
   (m)    Bicycle rental, sales, and repair shop.
   (n)    Commercial uses in medium-scale structures greater than 10,000 sq. ft. and less than or equal to 75,000 sq. ft. in gross floor area.
   (o)    Commercial uses in small-to-medium-scale structures greater than 5,000 sq. ft. and less than or equal to 10,000 sq. ft. in gross floor area.
   (p)    Commercial uses in small-scale structures less than or equal to 5,000 sq. ft. in gross floor area.
   (q)    Day care, adult.
   (r)    Display rooms for merchandise to be sold at wholesale, provided that merchandise stocks are stored elsewhere.
   (s)    Health clubs.
   (t)    Hospitals for medical and surgical care and recovery.
   (u)    Laundry, Dry Cleaning, or Ironing Pickup Station.
   (v)    Light manufacturing with no objectionable smoke, gas, odor, dust or noise and all operations are confined to the interior of the building or buildings with no outdoor storage of raw materials, manufactured items or waste products.
   (w)    Nursing homes, rehab centers, assisted living facilities and hospice.
   (x)    Offices and shared office facilities for administrative and professional services not involving retail sales to the general public or the maintenance of stock for sale to customers, including consulting, finance, and real estate offices.
   (y)    Offices for medical, dental, and outpatient surgery centers and clinics.
   (z)    Offices for utility and telecommunication services.
   (aa)   Photography offices, supplies, galleries, and studios, not subject to Chapter 1150 [SOB].
   (bb)   Photostating, printing, publishing.
   (cc)   Research and development facilities.
   (dd)   Restaurants, cafes, and take-outs with drive-in and/or drive-through facilities, and/or delivery services in excess of one delivery vehicle.
   (ee)   Restaurants, cafes, and take-outs without drive-in or drive-through facilities, or delivery services in excess of one delivery vehicle.
   (ff)    Retail sales, Apparel (men's and boy's clothing and furnishings stores; women's accessory and specialty stores; women's ready-to-wear stores; children's and infants wear stores; family clothing stores; shoe stores; custom tailors; furriers and fur shops; and other similar retail stores not elsewhere classified, but not subject to Chapter 1150 [SOB].
   (gg)   Schools, colleges, universities, and other institutions of learning, adjacent dormitories, and adjacent play areas, recreational grounds or facilities.
   (hh)   Vehicle accessory part stores.
   (ii)    Vehicle fueling stations with repair garage.
   (jj)    Vehicle fueling stations without repair garage.
   (kk)   Vehicle washing facility, Self-service.
   (ll)    Warehousing.
   (mm)   Wholesale businesses.
   (nn)   Wireless telecommunication tower and related facility, provided the tower is a monopole 100 feet or less in height and located 110 percent of its height distant from any residential structure. Wireless telecommunication equipment shelters and other tower support structures must be screened with fencing masonry, shrubbery or other screening materials. The tower must be razed after use is discontinued. 
(Ord. 22-05.  Passed 1-23-06.)

1139B.03 CONDITIONAL USES.

   In the C-4 Mixed Use Business District, no premises shall be used and no building shall be erected or used for one of the following purposes unless approved by the Planning Commission pursuant to the procedures and guidelines outlined in Sections 1148.03 through 1148.10:
   (a)    Accessory buildings and uses customarily incidental to uses permitted in this district.
   (b)    Accessory dish antennas greater than two meters in diameter or diagonal measurement, provided the antennas are less than 15 feet in height and if roof- mounted, do not extend more than 15 feet above the highest point of the supporting roof.
   (c)    Amusement park.
   (d)    Catering service establishments.
   (e)    Commercial bulk storage or handling facilities for: petroleum derived substances; all other types of liquid organic substances; all types of liquefied gases; all noxious gases such as ammonia, chlorine, benzene, etc.; any substance having a pH of 3.0 or lower; any substance having a pH of 12.0 or higher; any item or product containing any explosive type substance capable of being detonated by either heat, shock or electric arc.
   (f)    Commercial motor truck terminal, truck repair station and/or garage and commercial parking lots and/or parking garage for commercial trucks exceeding 7,000 pounds net weight.
   (g)    Commercial, recreational or amusement development for temporary, seasonal periods only.
   (h)    Commercial uses in large-scale structures greater than 75,000 sq. ft. in gross floor area.
   (i)    Convenience food stores, carryouts, food lockers.
   (j)   Day care and nursery school facilities.
   (k)    Dwellings, Apartments, above the first floor of a commercial use.
   (l)   Hotels and motels, Extended-stay.
   (m)    Hotels, motels, motor inns, and motor courts.
   (n)    Funeral Homes.
   (o)    Recreational facilities, outdoor, including golf courses, country clubs, yacht clubs and marinas, swimming pools, tennis courts, and similar facilities.
   (p)    Vehicle washing facility, Full-service.
   (q)    Vehicle, trailer, or boat temporary, daily, or overnight parking as a principal use on a parcel, provided that outside parking lots shall be suitably screened or fenced from view of the public right-of way or adjacent residential properties.
   (r)    Wireless telecommunications tower and related facility, provided the tower is a monopole greater than 100 feet and less than 200 feet in height and located 110 percent of its height distant from any residential structure. Wireless telecommunication equipment shelters and other tower support structures must be screened with fencing masonry, shrubbery or other screening materials. The tower must be razed after use is discontinued.
   (s)    Other uses as are deemed compatible and harmonious with the authorized uses permitted in any district and which are determined not to be detrimental to the general welfare or safety of the community as a whole.
      (Ord. 22-05.  Passed 1-23-06.)

1139B.04 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05, respectively.
(Ord. 22-05.  Passed 1-23-06.)

1139B.05 SIGNAGE REQUIREMENTS.

   Signs will comply with Chapter 1315 .
(Ord.  22-05.  Passed 1-23-06.)

1139B.06 LANDSCAPE REQUIREMENTS.

   Landscaping shall comply with Chapter 1151 .
(Ord. 22-05.  Passed 1-23-06.)

1140.01 PURPOSE.

   The purpose of this chapter is to maintain a high character of community development, to promote stability of property and property values, to provide for orderly development, to provide for proper movement of traffic, and to secure the general safety of citizens by regulating the exterior architectural characteristics of structures and the characteristics of the property as a whole throughout the hereinafter defined Commercial Overlay District.
   It is the further purpose of this chapter to recognize and preserve the distinctive architectural character of this community which has been greatly influenced by the architecture of an earlier period in this community’s history.  This purpose shall be served by the regulation of exterior design, use of materials, the finish grade line, ingress and egress, and landscaping and orientation of all structures hereinafter altered, constructed, reconstructed, erected, enlarged or remodeled, removed or demolished in the hereinafter defined Commercial Overlay District. 
(Ord. 15-01.  Passed 8-27-01.)

1140.02 DISTRICT BOUNDARIES.

   The Commercial Overlay District which shall include any property in the areas of:
   (a)   The Anthony Wayne Trail corridor within the corporation limits and the South River Road corridor within the corporation limits from its intersection with the Anthony Wayne Trail southwesterly, including all real property in the area adjacent to the street right-of-way for a lot depth of two hundred feet from the centerline of said street or road; and
      (Ord. 11-13.  Passed 5-13-13.)
   (b)   The S.R. 64 corridor commencing from the easternmost corporation limits at the Maumee River to the westernmost corporation limits, including all real property in the area adjacent to the street right-of-way for a lot depth of six hundred feet from the centerline of said street or road and;
   (c)   The Farnsworth Road corridor commencing from Gatewood Drive to the westernmost corporation limits, including all real property adjacent to the street right-of-way for a lot depth of two hundred fifty feet from the centerline of said street or road and;
   (d)   The Dutch Road corridor within the corporation limits in the area adjacent to the street right-of-way for a lot depth of two hundred fifty feet from the centerline of said street or road and;
   (e)   Provisions of this Chapter shall be applicable to commercial projects on undeveloped property constructed after the effective date of this section.
   (f)   Any lot partially within the Commercial Overlay District shall be considered totally within such boundaries for purposes of this section.
   The boundaries of the above described Commercial Overlay District are additionally set forth on the Municipal map which is attached hereto and made a part hereof.
(Ord. 36-05.  Passed 10-10-05.)

1140.03 REVIEW BOARD.

   The Municipal Planning Commission shall be the Review Board for those portions of the Commercial Overlay District that are outside of the Historic Overlay District.  The Historic District Commission shall be the Review Board for those portions of the Commercial Overlay District that are also within the Historic Overlay District.  The designated Review Board shall review applications for zoning permits filed under this chapter and approve or disapprove the issuance of said permits within the district boundaries as delineated in Section 1140.02.  (Ord. 34- 09.  Passed 10-26-09.)

1140.04 APPLICATION AND NOTICE.

   (a)   Whenever a structure, as defined by the Planning and Zoning Code, being used or to be used for commercial purposes, whether public or private, within the above described district is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, additional curb cuts, reconstruction, enlargement remodeling involves the exterior design, material, finish grade line, landscaping or orientation of the structure, an application for a zoning permit shall be filed with the Municipal Administrator together with a fee as determined from time to time by Council. 
(Ord. 43-05.  Passed 10-24-05.)
   (b)   Upon receipt of an application for a zoning permit, the Municipal Administrator shall place the application on the agenda for the appropriate Review Board to review at its next regular meeting following fourteen days from the date the application is filed.  The Municipal Administrator shall notify the applicant and the contiguous property owners at least ten days in advance of the date the Review Board is to convene to review the application.
   (c)   The application shall be accompanied by such plans, specifications and other material as the Review Board may prescribe.
   (d)   Notwithstanding any other provisions to the contrary, applications for sign permits shall not be subject to the provisions of this chapter.
(Ord. 34-09.  Passed 10-26-09.)

1140.05 STANDARDS FOR REVIEW.

   (a)   The Review Board, in deciding whether to issue a zoning permit, shall determine whether the application under consideration promotes, preserves and enhances the distinctive character of the community and whether the improvements are detrimental to the general interests of the Municipality or they are in conflict with the provisions of this chapter.  In conducting its review, the Review Board shall make examination of and give consideration to the elements of the application including but not limited to:
(Ord. 34-09.  Passed 10-26-09.)
      (1)   Height, which shall include the requirements of Section 1145.04(a) and (b);
      (2)   Building mass, which shall include the relationship of the building width to its height and depth, and its relationship to the visual perception;
      (3)   Exterior detail and relationships, which shall include all projecting and receding elements of the exterior, including but not limited to, porches and overhangs and the horizontal or vertical expression which is conveyed by these elements;
      (4)   Roof shape, which shall include type, form and materials;
      (5)   Materials, texture and color, which shall include a consideration of material compatibility among various elements of the structure;
      (6)   Compatibility of design and materials, which shall include the appropriateness of the use of exterior design details;
      (7)   Landscape design and plantings, which shall include lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views;
      (8)   Vehicular and pedestrian access, which shall include location, width and type of surface for all points of ingress and egress;
      (9)   Signage, which shall include, in addition to requirements of Chapter 1315 of the Building Code, the appropriateness of signage to the building;
      (10)   Exterior lighting, which shall include location, type, and/or design of lighting and/or lighting fixtures to be used.
         (Ord. 15-01.  Passed 8-27-01.)
   (b)   In conducting its inquiry and review, the Review Board may request from the applicant such additional information, sketches and data as it shall reasonably require.  It may call upon experts and specialists for testimony and opinion regarding matters under examination.  It may recommend to the applicant changes in the plans it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes.  The Review Board shall keep a record of its proceedings and shall attach to the application copies of information, sketches and data needed to clearly describe any amendment to it.
(Ord. 34-09.  Passed 10-26-09.)
   Traffic Impact Study
   If required by the Ohio Department of Transportation, the City Engineer, Municipal Administrator, Planning Commission or Council, a traffic impact study shall be prepared by a qualified professional engineer at the developer’s expense.  The study shall investigate the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations, etc.  to protect the safety and welfare of the traveling public.  The traffic impact study shall include the following elements:
      (1)   A description of the site and study area.
      (2)   Anticipated development of adjacent parcels.
      (3)   Trip generation and distribution.
      (4)   Traffic assignment resulting from the development.
      (5)   Projected future traffic volumes.
      (6)   An assessment of the impact resulting from driveway alternatives.
      (7)   Recommendations for site access and transportation improvements needed to maintain traffic flow at an acceptable and safe level of service.
      (8)   An evaluation of the effects the proposed development will have on the level of service and roadway capacity.
   (c)   When its review is concluded, the Review Board will determine by a vote of its members, whether the zoning permit shall be approved.  If approved by three or more of its members, the Review Board shall return the application and all pertinent information to the Municipal Administrator with the instruction that the zoning permit be issued, provided all other requirements for a zoning permit are met.  The zoning permit shall be valid for one year from the date of approval.  The Review Board may grant an extension of the one-year limitation if sufficient documentation can be provided to warrant such an extension.  If not approved, the Review Board shall return a copy of the application for the zoning permit along with the attached information to the applicant with a notice that the zoning permit shall not be issued because the application did not meet the criteria and standards set forth herein.
(Ord. 34-09.  Passed 10-26-09.)

1140.06 REPAIR OR MAINTENANCE EXCEPTION.

   Nothing in this chapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the Commercial Overlay District.
(Ord. 15-01.  Passed 8-27-01.)

1140.07 APPEALS.

   The Review Board shall decide all applications for review no later than forty-five days after the last hearing thereon, unless extended at the request of the applicant.
   (a)   Any applicant may appeal such decision to Council by filing notice of intent to appeal with the Municipal Administrator within fourteen days of the date of the decision, setting forth the facts of the case.
   (b)   Council may then elect to hold a public hearing on the appeal by the affirmative vote of a majority of its members, or failing to so elect, shall reject the application for appeal.  In the event Council elects to hold a public hearing on the request for appeal, the hearing shall be held not later than sixty days after a final decision has been rendered by the Review Board.  Council, by a majority vote of its members, shall decide the matter and its decision shall be final.
   (c)   If no notice of the intent to appeal is filed with the Municipal Administrator within the period specified in subsection (a) hereof, Council may at the option of a majority of its members and not later than fourteen days following the expiration of the appeal period, elect to review any architectural review decision of the Review Board.  Council shall schedule a public hearing on the matter, which shall not be held more than sixty days after a final decision was rendered by the Review Board.  At a public hearing, Council by a majority vote of its members, shall decide the matter and its decision shall be final.
      (Ord. 34-09.  Passed 10-26-09.)

1141.01 PERMITTED USES.

   In the M-1 Industrial District no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)   Public utility facilities.  (Ord. 11-08.  Passed 6-2-08.)
   (b)   Bakeries and bottling works.
   (c)   Blacksmith and horse-shoeing shops.
   (d)   Carting, express, hauling or storage yards.
   (e)   Cleaning and dyeing plants.
   (f)   Contractor's, coal, coke or wood yards.
   (g)   Ice cream manufacturing.
   (h)   Public utilities substations, provided that there is no outside storage of equipment or materials.
   (i)   Testing and research laboratories.
   (j)   Warehouses.
   (k)   Wholesale establishments.
   (l)   Manufacturing plants or other industries, provided that the operation of the same will give rise to no objectionable smoke, gas, odor, dust or noise, that not more than forty percent of the lot or tract area is covered by a building or buildings and that all operations are confined to the interior of the building or buildings and that there shall be no outdoor storage of raw materials, manufactured items or waste products unless suitable screens, fences or walls are provided to hide them from view.
(Ord. 431. Passed 9-4-63.)
   (m)   Accessory uses and buildings customary and in conjunction with uses permitted in this District.
   (n)   Advertising signs and billboards totaling no more than 200 square feet for each building or premises provided that the same comply with all applicable provisions of State law and the ordinances and regulations of the Municipality relating thereto.  Free-standing signs may be included within the 200 square feet total, subject to the above conditions.
(Ord. 11-08.  Passed 6-2-08.)
 

1141.02 RESIDENTIAL LOT AND FLOOR AREA; HEIGHT, YARD AND PARKING REQUIREMENTS.

   (Former Section 1141.02 was repealed by Ordinance 15-93, passed July 26, 1993.)

1141.03 GENERAL YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height requirements and off-street parking requirements, as set forth in Sections 1145.03 to 1145.05, respectively shall be complied with for all structures hereafter built, reconstructed, relocated or rebuilt within the M-1 Industrial District.

1143.01 PROHIBITED USES.

   In the M-2 Industrial District any lawful use is permitted, including any use permitted in the M-1 District, except the following:
   (a)   Dwellings of any type, except a dwelling for a janitor or watchman employed upon the premises.
   (b)   Motels, hotels, apartments, rooming houses, tourist homes or trailers.
   (c)   A use which is a nuisance per se, or is similar to one that has been declared a nuisance by a court of record or by an ordinance of the City.
   (d)   Any use whose performance is characteristically so obnoxious due to emission of dust, odor, noise, smoke or vibration that its influence, adverse to the health, safety and public welfare, will be felt in a residence district within the City or a neighboring area.
      (Ord. 431.  Passed 9-4-63; Ord. 15-93.  Passed 7-26-93.)

1143.02 YARD, HEIGHT AND PARKING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05, respectively.
(Ord. 431.  Passed 9-4-63.)

1144.01 PERMITTED USES.

   In the A-1 Agriculture District no premises shall be used and no building erected or used except for one of the following purposes:
   (a)   One single-family residence.
   (b)   Gardens (home).
   (c)   Cemetery.
   (d)   Farms.
   (e)   Crop production.
   (f)   Barn or stable for livestock.
   (g)   Pasturage.
   (h)   Customary accessory uses related to farming/agriculture use.
      (Ord. 32-93.  Passed 12-13-93.)

1144.02 RESIDENTIAL FLOOR AREA; HEIGHT, YARD, AND PARKING REQUIREMENTS.

   Any residence that may be erected within the A-1 Agriculture District shall conform to the floor area, height, yard, and parking requirements of the R-1 Residence District.
(Ord. 32-93.  Passed 12-13-93.)

1144A.01 PURPOSE.

   The MX Mixed Use District is intended to allow development of compatible low- intensity commercial, industrial and residential uses on the same site or in the same building so as to provide neighborhoods with appropriate residential uses and complementary support commercial and industrial services and amenities.  The dominant use of the neighborhood within which an MX District is located is intended to be residential.  Nonresidential uses are to be developed in a fashion that mitigates as much as possible any adverse impact on the residences within and adjacent to this District.
(Ord.  09-98.  Passed 5-11-98.)

1144A.02 PERMITTED USES.

   The permitted uses listed herein are to serve as non-exclusive examples of the type, scale, and intensity of use allowed within the MX District.  Uses substantially similar in scope, nature and intensity, as determined by the Planning Commission, are allowed subject to the provisions of the district:
   (a)   Single family residence;
   (b)   Two family residence;
   (c)   Multiple family residence;
   (d)   Antique shops, antique restoration and repair;
   (e)   Art sales and creation: artists’ shops, art galleries, handicrafts, art studios, art studios in residences, art sales, artists’ lofts, art lessons, music conservatories, music lessons, art and music supply stores, stained glass sales and repair, furniture creation and sales;
   (f)   Food sales: bakeries, public markets, farmers markets, food carts, food stands, fish markets, grocery stores under 5,000 square feet;
   (g)   Banks including those with drive-through facilities;
   (h)   Barber shops, beauty shop, hair salon;
   (i)   Bicycle sales and repair;
   (j)   Bookstores new, used bookstores, magazine sales, magazine stands, newspaper sales;
   (k)   Business and professional offices, business and professional offices in residences;
   (l)   Recreation: country clubs, private clubs, public and private parks, yacht clubs and marinas;
   (m)   Child and adult day care centers;
   (n)   Restaurants and food sales for consumption on the premises, delicatessens, restaurants (without drive-through), food sales, coffee shops, diners, ice cream shops, yogurt shops, fruit and vegetable sales, mini-breweries, specialty food sales;
   (o)   Dry cleaners and laundries;
   (p)   Gift shops;
   (q)   Flower sales: flower markets, florists, flower shops, flower carts, flower stands;
   (r)   Apparel shops: shoes and clothing, new and used;
   (s)   Theaters: motion picture and live, video rental and sales;
   (t)   Photography offices, supplies, galleries, and studios;
   (u)   Medical offices and clinics, health clubs, dental offices, veterinary clinics (without outdoor kennels);
   (v)   Hardware stores;
   (w)   Research and development facilities;
   (x)   Light manufacturing with no objectionable smoke, gas, odor, dust or noise and all operations are confined to the interior of the building or buildings and no outdoor storage of raw materials, manufactured items or waste products;
   (y)   Shared office services, telecommunications centers;
   (z)   Lodging: bed and breakfast, hotels;
   (aa)   Schools: public and private schools, public and private colleges and universities.
      (Ord.  09-98.  Passed 5-11-98.)

1144A.03 DWELLING UNIT DENSITY.

   A minimum 2,000 square feet lot area and 500 square feet floor area per dwelling unit shall be provided. 
(Ord.  09-98.  Passed 5-11-98.)

1144A.04 ZONING APPLICATION APPROVAL NEEDED FOR SINGLE NON-RESIDENTIAL USES.

   No single non-residential use will occupy more than 10,000 square feet of any individual building without approval of the zoning application by the Planning Commission.  The appropriateness of non-residential uses over 10,000 square feet will be based upon their projected impact on the residential components of the district.
   Other zoning applications for residential use or non-residential use occupying 10,000 square feet or less will require review and approval by the Municipal Administrator for conformance with concept plan.
(Ord.  09-98.  Passed 5-11-98.)

1144A.05 YARD, HEIGHT, PARKING AND LOADING REQUIREMENTS.

   Minimum yard requirements, maximum height limitations and off-street parking requirements shall conform to the provisions of Sections 1145.03 to 1145.05, respectively as listed for the R-4 District except no new lot shall be created with a lot width of less than fifty feet.
   Additional requirements for commercial and industrial parking areas in residential districts are contained in Section 1145.05(n).  No loading area will be required if the applicant can demonstrate that loading will occur from the street or alley without compromising public safety or traffic flow and efficiency.
(Ord.  09-98.  Passed 5-11-98.)

1144A.06 SIGNS.

   Signs will comply with Chapter 1315 .
(Ord.  09-98.  Passed 5-11-98.)

1144A.07 LANDSCAPE STANDARDS.

   A landscape plan for review and approval by the Planning Commission shall be submitted prior to the issuance of zoning permits; said landscape plan shall meet or exceed the following landscape standards where physically possible:
   (a)   Screening of surface parking lots.
      (1)   A continuous masonry wall, wrought iron fence, and/or evergreen hedge at least thirty inches high shall be installed between surface parking lots and public street rights of way.
   (b)   Minimum number of shade trees.
      (1)   One tree for every thirty feet of public street frontage installed between the building or parking lot and the curb line;
      (2)   One tree for every sixty feet of perimeter, minus public street rights of way; and
      (3)   One tree for every ten parking spaces.
         (Ord.  09-98.  Passed 5-11-98.)

1144A.08 CONCEPT PLAN APPROVAL REQUIRED FOR MX FACILITIES.

   The procedure for processing a concept plan shall be the same as for a Planned Development, as set forth in Section 1155.03 and 1155.04, including referral of the proposed concept plan to the Planning Commission, consideration and action by the Commission and hearing, notice and action by Council using criteria for a special use as set forth in Section 1148.05. The Planning Commission may obtain review by the Municipal Engineer, Tree Commission, Public Works, Fire and Police Departments of any proposed concept plan.
(Ord.  09-98.  Passed 5-11-98.)

1144B.01 PURPOSE.

   The creation of this district is intended to provide for developable areas where a compatible mix of commercial, industrial, office and institutional land uses may be located in a business park-like setting permitting flexibility in design and dimensional requirements within a planned development.
(Ord. 02-06.  Passed 3-13-06.)

1144B.02 DEFINITION OF A PLANNED BUSINESS PARK.

   (a)   A Planned Business Park (PBP) is a tract of land consisting of fifteen acres or more intended to be developed in an integrated manner for large-scale planned developments.  Noncontiguous parcels and lots may be included in an original established site, provided that the acreage of such noncontiguous parcels and lots shall not be used in calculating the minimum requirements of fifteen acres for a site and provided further that all other requirements of the Zoning Code are met.  Contiguous parcels and lots may be added to an established site, provided that all other requirements of the Zoning Code are met.  Noncontiguous parcels and lots may be added to an established site, provided that the noncontiguous parcels and lots are situated in the same plat or revised plat in which all or part of an established site is located, and provided further that all requirements of the Zoning Code are met.
   (b)   The owners and developers of such a tract shall create an Architectural Review Committee (ARC) which shall formulate Development Standards to be utilized for the orderly development of the Business Park.
(Ord. 02-06.  Passed 3-13-06.)

1144B.03 PERMITTED USES.

   In the Planned Business Park District, no premises shall be used and no building shall be erected or used except for one of the following purposes:
   (a)   Any use permitted in the M-1 Industrial District.
   (b)   Any use permitted in the C-1 Commercial District.
   (c)   Any use permitted in the C-2 Commercial District.
   (d)   Farms.
   (e)   Crop production.
   (f)   Barn or stable for livestock.
   (g)   Pasturage.
   (h)   Customary accessory uses related to farming/agricultural use.
(Ord. 02-05.  Passed 3-13-06.)

1144B.04 PROCEDURES FOR ESTABLISHING A PLANNED BUSINESS PARK.

   (a)   Owners and developers of property within a Planned Business Park site shall establish an Architectural Review Committee (ARC) and by-laws under which the ARC shall perform its duties and responsibilities.  Such by-laws shall establish requirements for membership, duties and powers, meetings and voting procedures.  The ARC shall be composed of two representatives appointed by the Mayor with the consent of the Council and two representatives of the owners and developer.
   (b)   At the time a request is made to zone a parcel PBP, the owners and developers shall develop and submit deed restrictions, which shall include the Development Standards, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are commonly owned and maintained.  These restrictions shall be a part of the zoning application and shall be considered in the zoning approval process and shall be enforced by the ARC.  Any subsequent changes to the deed restrictions must be approved by the Municipality in the same manner as a change in zoning.
   (c)   The ARC shall create a set of Development Standards for development of the Planned Business Park.  These Development Standards shall establish specific requirements for the Park such as landscaping, mounding and screening, yard and building placement, exterior illumination, signage, architectural design, color schemes, and building materials approved for use within the Park.  These Development Standards shall remain in effect as long as the tract in question is zoned PBP.  In no case shall Development Standards, amendments thereto, or any development plans result in standards or requirements which are less restrictive than those established in the Zoning Code unless specifically stated otherwise in this chapter.  These Development Standards shall be made a part of the deed restrictions, protective covenants and other legal statements or devices of the park.
   (d)   When a particular site is proposed to be developed as a Planned Business Park, the following shall be submitted for the entire area of the park for review and approval:
      (1)   Request to zone property PBP including a legal description and plot plan.
      (2)   Development standards.
      (3)   Deed restrictions.
         (Ord. 02-06.  Passed 3-13-06.)

1144B.05 PROCEDURES FOR CREATING AND DEVELOPING LOTS WITHIN AN ESTABLISHED PLANNED BUSINESS PARK.

   To initiate development of a specific improvement the owner of a lot within the park shall meet the following requirements:
   (a)   Lots within the Park may be created using the “Minor Subdivision” procedures specified in Chapter 1113 excluding Section 1113.03(b) which shall not apply in this district.  All dedicated roadways and utility installations shall require a final plat as stipulated in Chapter 1117.  All such improvements shall meet the requirements stipulated in Chapter 1119 and all other applicable requirements of the Planning and Zoning Code.
   (b)   No improvement of any kind shall be installed, erected, placed, constructed, assembled or permitted to remain on any of the properties within the Park until and unless the proposed use and nature, shape, size, color, architectural design, material, location and landscaping, paving plans, curbing and storm drainage, have been submitted in writing to the ARC and the ARC has approved in writing such development plans and specifications as conforming to the Development Standards and PBP District regulations.  A majority vote of the ARC on conformity of the submitted plans and specifications with the Development Standards and the PBP District regulations shall be the final determining factor for the approval or disapproval of the proposed improvements by the ARC.  The ARC shall attach any conditions they deem appropriate as part of the approval process.
   (c)   Development plans submitted to the ARC for approval shall include:
      (1)   Site plan.
      (2)   Elevation views (including finish materials and colors).
      (3)   Landscape plan.
      (4)   Grading and utility plan.
   At a minimum, these plans shall include, without limitations, plot plans showing proposed land contouring or grades, buildings, proposed setbacks, parking areas with parking stalls indicated, loading facilities, access ways, other paved areas, and landscaping, including planting areas, elevations and signs.  The specifications shall describe types of construction, colors and materials to be used, and shall comply with Section 1147.03 of the Planning and Zoning Code.  Approval of drawings should be obtained from the ARC before application for a zoning certificate is made and before plans are filed with the Municipality.
   (d)   The ARC shall review the development plans against the requirements established in the Development Standards and the PBP District.  The ARC shall certify that the development plan is in compliance with the Development Standards.  The applicant shall submit the approved plans to the Municipal Administrator and make application for a zoning certificate.  Any variances from the Development Standards must be approved by the Planning Commission per Section 1119.11 .
      (Ord. 02-06.  Passed 3-13-06.)

1145.01 MINIMUM LOT AREA PER FAMILY.

   (a)   In any use district in which any of the following residential uses are permitted, each dwelling erected, relocated, or rebuilt shall provide a minimum lot area per family within such a district as required by the following schedule:
Use
District Where
Permitted
Minimum Lot Area Per
Family (Sq. ft.)
Single-family dwelling
R-1A
43,560 (1 acre)
Single-family dwelling
A-R
12,000
Single-family dwelling
R-1
12,000
Single-famly dwelling
R-2
7,500
Two-family dwelling
R-2
6,000
Two-family dwelling
R-3
3,000
Three-family dwelling
R-3
2,500
Four-family dwelling
R-3
2,500
Condominiums
R-3
2,500
Multi-family dwellings
R-4
2,000
   (b)   ln any district in which residential uses are permitted on lots of record at the time of the passage of this Zoning Code (Ordinance 431, passed September 4, 1963) having areas and widths less than the minimums set forth in this Zoning Code, the erection or enlargement of a single-family dwelling may be permitted, regardless of contrary provisions of Sections 1145.01 to 1145.03 inclusive, provided that there are two side yards of not less than five feet each and a front yard and a rear yard of not less than twenty-five feet each. This provision shall apply only in a case where the owner or owners furnish substantial proof of inability to acquire, at a reasonable price, additional land from adjoining property to provide the required lot area and width.
   (c)    In the case of multiple dwellings, the structure and required off-street parking area shall not occupy more than seventy percent of the total lot area.
   (d)    No premises or property shall be utilized under the permitted uses of Chapter 1144 A-l Agricultural District without having a single, subdivided lot containing a minimum of five acres. 
(Ord. 23-05.  Passed 1-23-06.)

1145.02 MINIMUM FLOOR AREA PER FAMILY.

   In any use district in which any of the following residential uses are permitted, each dwelling hereafter erected, relocated, structurally altered or rebuilt shall provide a minimum amount of floor area per family within such district as required by the following schedule:
Use
District Where Permitted
Minimum Floor Area Per
Family (sq. ft.)
Single-family dwelling
R-1A
2,500
Single-family dwelling
A-R
1,200
Single-family dwelling
R-1
1,200
Single-family dwelling
R-2
1,000
Two-family dwelling
R-2
900
Two-family dwelling
R-3
900
Three-family dwelling
R-3
800
Four-family dwelling
R-3
700
Condominiums
R-3
700
Multi-family dwellings
R-4
600
(Ord. 15-93.  Passed 7-26-93; Ord. 03-13.  Passed 2-11-13.)

1145.03 MINIMUM YARD AND IMPERVIOUS AREA REQUIREMENTS.

   (a)    Any building hereafter erected, enlarged, relocated or rebuilt in any of the following districts shall have minimum yard dimensions and shall be built on a lot having minimum width at the building line as required by the following schedule, unless these requirements are waived by the Planning Commission pursuant to the Commercial Overlay Zoning considerations:




Use District


Min. Lot Width
(in feet)

Minimum Yard Dimensions (in feet)
Front              Side            Rear
Maximum Lot Coverage for Building and Impervious Areas
R-1A to R-1 Residence
80
35
10
40
None Required
R-2 Residence
50
30
8
30
None Required
R-3 Residence
Two- family        dwelling
50
30
8
30
None Required
Three-Family    dwelling
50
20
8
20
None Required
Four-Family  dwelling
50
20
8
20
None Required
Condominiums
50
20
8
20
None Required
R-4 Residence
No. Min.
20
8
30
None Required
C-1 Neighborhood Commercial
90
20 ft. with a 5 ft. landscape buffer strip along the street frontage
10
15 ft when abutting upon a public alley, or 20 ft. when no dedicated alley or public way exists at the rear of the lot
80% up to 5,000 sq. ft., or up to 10,000 sq. ft. allowed as a special use in accordance with Section 1148 [See Subparagraph (l)]
 




Use District


Min. Lot Width (in feet)


Minimum Yard Dimensions (in feet)
  Front            Side            Rear
Maximum Lot Coverage for Building and Impervious Areas
C-2 Downtown Commercial
No. min
No min.
None required. [But see subparagraph (e)]
None Required
5,000 sq. ft. [See Subparagraph (l)]
C-3 Highway Commercial
200
50 ft. if a State or US Highway; otherwise 40 ft. There shall be a maximum setback of 65 ft.
15 ft, or the height of the wall along the side yard, whichever is greater.
25
70% up to 75,000 sq. ft. or greater than 75,000 if allowed as a special use in accordance with Section 1148. [See Subparagraph (l)]
C-4 Mixed Use Business District
No min.
40 ft.  There shall be a maximum setback of 65 ft.
15 ft or the height of the wall along the side yard, whichever is greater
15 ft. or the height of the wall of the building along the rear yard, whichever is greater
60% up to 75,000 sq. ft. or greater than 75,000 sq. ft. if allowed as a special use in accordance with Section 1148. [See Sub paragraph (l)]
M-1 Industrial
No min.
40
No min.
No min.
None Required
M-2 Industrial
No min
20
No min.
No min.
None Required
PBP
No min.
40
15
40
 
   (b)    Side and Rear Yard Requirements for C and M Districts.
      (1)    Exception #1. When any building is erected, relocated or rebuilt on a lot in a commercial or industrial district, which is adjacent to a residential district, there shall be provided a side yard and rear yard as required in the adjacent residence district if this requirement exceeds the side or rear yard requirement for the district.  A lot in a commercial or industrial district shall be considered adjacent to a residential district although a street or other public way is interposed between such lot and the residence district.
      (2)    Exception #2. When the circumstances of a proposal for a C4 Mixed Use Business District warrant, the Planning Commission may waive the minimum yard requirements.
      (3)    Side and Rear Yard Buffer Strip. A landscape buffer strip is required along the full length of side and/or rear lot lines when such side or rear lot line adjoins land that is either zoned to permit residences, or a residence is located within 75' of such property line pursuant to Section 1151.04 .
   (c)    Corner Lots.
      (1)    In all districts except in the C-2 Downtown Commercial District, where a lot of record is located at the intersection of two or more streets, there shall be a front yard of not less than twenty-five feet on the main street and not less than twenty-five feet along the side street, except that the buildable width of such lot shall not be reduced to less than twenty-eight feet. No accessory building shall project beyond the front yard line on either street.
      (2)    In any residence district, no fence, structure, or planting higher than thirty-six inches shall be maintained within twenty-five feet of any corner street lot line intersection.
   (d)    Front Yard Setback Exception. When forty percent or more of the frontage of one side of a street in any block is improved with buildings that have a front yard that is greater or less than the required front yard in the district, no new or reconstructed building in that block shall project beyond the average front yard so established.
   (e)    Minimum Side Yard Exception. Where a side yard is provided, but not required, such yard shall be not less than five feet in width.
   (f)    Multiple Principal Buildings on Lot. More than one main institutional, public or semipublic commercial or industrial building may be located upon a lot, provided that no such building or portion thereof is located outside the buildable area of the lot.
   (g)    Open Yard General Exceptions. Every part of a required yard shall be open to the sky except where accessory buildings are permitted in a rear yard and except for allowed landscaping, fencing, and walls and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not to exceed eighteen inches and eaves projecting not more than two feet. It is further provided that parking spaces may be provided in the required side and rear yards of any district but shall not be permitted within the required minimum front yards in residential districts.
   (h)    Open Yard Exception for Projections.  Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than five feet but only where the same are so placed as not to obstruct light and ventilation.
   (i)   Open Yard Exception for Accessory Buildings and Swimming Pools. Accessory buildings, including swimming pools, may be built in the required rear yards but such accessory buildings or pools shall not occupy more than forty percent of the required rear yard. No accessory building or pool shall be nearer than five feet to any lot line.
   (j)    Off-Street Parking or Outside Storage of Recreational Equipment, Utility Trailers, House Trailers, or Mobile Homes.   No occupied house trailer or mobile home shall be kept on any residential lot. Outside parking or storage of recreational equipment on residential lots shall be subject to the following conditions:
      (1)    Off-street parking of recreational equipment shall not be permitted in a front yard required by zoning regulations, or forward of the main residential structure. As  defined in Section 1129.03(c)(14), "front yard" means an open unoccupied space on the same lot with a building, between the front line of the building (exclusive of steps) and the front property line. For the purposes of this section, the main residential structure does not include detached buildings and includes  the entire connected building, regardless of use. Forward of the main residential structure is any portion of the site forward of an extension from the side- most points of the front elevation of the main residential structure extending to both sides of the property lines parallel to the front lot line(s).
      (2)    Recreational equipment shall be stored only on premises with an occupied residential use by the person owning the equipment
      (3)    All recreational equipment parked or stored on residential lots shall be set back from the side lot lines in accordance with the following schedule:
         A.    For equipment nine feet or less in height or twenty-two feet or less in length, no minimum side line setback shall be required.
         B.    For equipment more than nine feet in height or more than twenty- two feet in length, a setback of not less than three feet shall be maintained.
      (4)    Recreational equipment so parked or stored shall not have fixed connections to electricity, gas, water or sanitary sewer facilities and at no time shall this equipment be used for living or housekeeping purposes.
      (5)   Recreational equipment so parked and stored shall be maintained in usable condition and kept in good repair.
         (Ord. 23-05.  Passed 1-23-06.)
      (6)    Notwithstanding the setback provisions of this section, recreational equipment may be temporarily parked in a driveway or street for loading and unloading purposes for not more than seventy-two hours in any calendar week.  (Ord. 24-14.  Passed 9-22-14.)
      (7)    In the event of a conflict between this section and any other provision of this Zoning Code, this section and its subsections shall prevail.
      (8)    Recreational equipment parked or stored in a Residential District shall have affixed thereto a current license plate.
      (9)    Utility trailers shall be parked or stored as provided in subsections (1) through (8) inclusive hereof.
   (k)    No motor vehicle, except a recreational vehicle, or commercial trailer with a gross vehicle weight in excess of 10,000 pounds shall be parked in a front, side or rear yard in a Residential District.
   (l)    Maximum Lot Coverage Exemption. Schools, libraries, churches, community centers, and similar places of public gathering are exempt from the maximum lot coverage requirement for building and impervious areas.
   (m)    Sidewalks. Sidewalks shall be provided along all sides of the lot that abut a public street. C-l, C-3, and C-4 developments shall in addition provide internal pedestrian walkways connected to all sidewalks which must be distinguished from driving surfaces through the use of special pavers, stamped asphalt, bricks, or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.
(Ord. 23-05.  Passed 1-23-06.)

1145.04 MAXIMUM HEIGHT REGULATIONS.

   (a)    No building or structure hereafter erected, relocated, structurally altered or rebuilt in any district  shall exceed the heights set forth in the following schedule:
 
                Maximum Height Permitted
District            (In Stories)   (In Feet)
R-1 Residence            2-1/2      35
R-2 Residence            2-1/2      35
R-3 Residence
   Two-family dwelling      2-1/2      35
   Three-family dwelling   3      35
   Four-family dwelling      4      50
   Condominium         3      35
R-4 Residence            3      45
C-1 Neighborhood Commercial   2-1/2      35
C-2 Downtown Commercial      3      40
C-3 Highway Commercial      4-1/2      60
C-4 Mixed Use Business District   4-1/2      60
M-1 Industrial            4-1/2      60
M-2 Industrial      No height limit is required in M-2 District except where a building adjoins a residence district, then such building shall be set back from the boundary of the residence district a distance of one foot for each foot of height.
PBP               4      60
   (b)    Accessory buildings or structureds erected in a required rear yard shall not exceed twenty feet in height.
   (c)    The height limitations of this Zoning Code shall not apply to:
      (1)   Church spires
      (2)    Belfries
      (3)    Monuments
      (4)    Tanks
      (5)   Water towers
      (6)    Fire towers
      (7)    Stage towers or scenery lofts
      (8)    Cooling towers
      (9)    Ornamental towers and spires
      (10)    Radio and television towers, antennae or aerials
      (11)   Chimneys
      (12)    Elevator bulkheads
      (13)    Smokestacks
      (14)    Conveyors
      (15)    Flagpoles (See Section 1315.07(i))
      (16)    Public, semipublic or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty feet and places of public worship may be erected to a height not exceeding seventy-five feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations herein specified for the district in which the building is located.
         (Ord. 23-05.  Passed 1-23-06; Ord. 03-08.  Passed 3-10-08.)

1145.05 OFF-STREET PARKING AND LOADING REQUIREMENTS.

   (a)    Purpose.  The purpose of requiring off-street parking and of this section is to alleviate or prevent congestion of the public streets and so promote the safety and convenience of the public, by establishing minimum requirements for off-street parking and loading in accordance with the use of the property.
   (b)    Definitions.
      (1)    FLOOR AREA: As used in this section, "Floor area" means total floor area of a structure, including basements, computed in square feet as measured from the exterior of outside walls.
      (2)    OFF-STREET PARKING SPACE. For the purpose of this section, "off- street parking space" means an area, exclusive of driveways, permanently reserved and available for the storage of one motor vehicle, whether enclosed or unenclosed, not in a public right-of-way, and which has satisfactory ingress and egress to a public street or alley.
      (3)    STACKING SPACE. A paved surface designed to accommodate a motor vehicle waiting for entry to any drive-in facility or auto-oriented use, which is located in such a way that parking space or access to a parking space is not obstructed, and which is at least nine (9) feet in width and nineteen (19) feet in length.
   (c)    Waterville Central Business District Exempted.  Off-street parking and loading
spaces shall not be required for any uses in the C-2 Downtown Commercial District.
   (d)    Schedule of Parking Requirements. In all districts except the Central Business District, as defined in Section 1145.05(c), off-street parking spaces shall be provided at the time any building is erected, relocated or rebuilt, according to the schedule below:
   Except in a shopping center (indoor or outdoor) or clustered commercial facility "floor area" as used in this section means the gross leasable floor area designated for tenant occupancy and specified use including basements, mezzanines, upper floors, if any, computed in square feet as measured from center line of joint partitions and exteriors of outside walls. Such calculations shall not include common mall pedestrian walkways and other areas devoted to such features as fountains and gardens.
(Ord. 23-05.  Passed 1-23-06.)
      (1)   Schedule.
Land Use
Required Parking Spaces
A.  Residential
 
1.  Single-family or two-family dwellings
Two (2) for each dwelling unit
2.  Apartments, multi-family dwellings, condominiums, townhouses, mobile home parks
Two and one-quarter (2 1/4) for each dwelling unit
3.  Assisted Living - Dependent
Three (3) spaces minimum plus one-half (½) for each dwelling unit.
4.  Assisted Living - Independent
One (1) for each dwelling unit.
5.  Bed and breakfast
Two (2) plus one (1) for each guest room.
B.  Commercial
 
1.  Gasoline service stations
One (1) for each 50 sq. ft. of floor area in the cashier and office areas or three (3), whichever is more, for cashier and office use, plus one (1) space provided at each fuel dispenser.  Gasoline stations providing car wash facilities, lubrication facilities, sale of food, beverages and other products shall provide additional off-street parking spaces based upon the requirements for such uses.
2.  Funeral homes, mortuaries and similar type uses
One (1) for each 75 sq. ft. of floor area of each assembly room
3.  Retail stores, except as otherwise specified herein
One (1) for each 300 sq. ft. of floor area
4.  Banks, financial institutions and similar uses
One (1) for each 300 sq. ft. of floor area
5.  Offices, public or professional administration, or service buildings except as otherwise specified herein
One (1) for each 300 sq. ft. of gross leaseable flood area
6.  Medical and dental clinics, professional offices of doctors, dentists and similar professions
One (1) for each 250 sq. ft. of floor area
7.  Shopping center or clustered commercial
One (1) for each 300 sq. ft. of floor area
8.  Auto Wash (automatic)
Two (2) spaces minimum, plus waiting spaces equal in number to three (3) times the auto wash’s maximum capacity, defined as the length of each wash line in feet divided by 20
 
Land Use
Required Parking Spaces
9.  Auto Wash (self-service)
Three (3) for each washing stall in addition to the stall itself
10.  Hair salon or barber shop
Three (3) for each of the first two (2) styling or barber chairs plus one and one-half (1 ½) for each additional chair
11.  Restaurants, dining rooms, taverns, nightclubs, lodging halls, reception halls, exhibition halls, assembly halls or private clubs (eating on premises)
One (1) for each 200 sq. ft. of floor area with a minimum of ten (10) spaces.
12.  Restaurants, taverns, nightclubs, lodge halls or private clubs (carry-out; no eating on premises)
One (1) for each 75 sq. ft. for the first 750 sq. ft., plus one (1) space for each 100 sq. ft. over 750 sq. ft.
13.  Furniture, appliance, household equipment or hardware stores
One (1) for each 800 sq. ft. of floor area with a minimum of ten (10) spaces.
14.  Laundromats and coin operated dry cleaners
One (1) for each 250 sq. ft. of floor area
15.  Motels, hotels or other commercial lodging establishments
One and one-quarter (1 1/4) for each occupancy unit plus such additional off-street parking as required for other uses on the premises such as conference, dining and meeting rooms.
16.  Meeting rooms as part of other on- premises uses
One (1) for each 200 sq. ft. of floor area
17.  Motor or recreational vehicle sales and service establishments
One (1) for each 400 sq. ft. of sales room floor area plus one and one-half (1 ½) for each service bay
18.  Open air business
One (1) for each 600 sq. ft. of lot area
19.  Drive-through banks
One (1) for each 50 sq. ft. of floor area or two (2), whichever is more, for employee use, plus one (1) space at each drive up window, plus three (3) waiting spaces for each drive up window
20.  Oil change and lubrication station
One (1) for each 50 sq. ft. of floor area or two (2), whichever is more, for employee use, plus three (3) waiting spaces for each service bay
 
Land Use
Required Parking Spaces
C.  Recreational or Entertainment
 
1.  Bowling alleys
Four (4) for each bowling lane plus such additional off-street parking as required for other uses on the premises such as conference, dining and meeting rooms
2.  Private tennis clubs
Six (6) for each court plus one (1) for each seat in spectator areas
3.  Roller rinks or ice skating rinks
One (1) for each 150 sq. ft. of floor area without fixed seats
4.  Amusement arcade
One (1) for each 150 sq. ft. of floor area
5.  Theatres and auditoriums
One (1) for each three (3) seats
6.  Athletic clubs, exercise establishments, health clubs, martial arts clubs and similar uses
One (1) for each 200 sq. ft. of floor area
D.  Institutional
 
1.  Churches and other places of religious assembly
One (1) for each 30 sq. ft. of floor space in the main worship area plus such additional off-street parking as required for other uses on the premises such as classrooms and meeting rooms
2.  Hospitals
One and one-quarter (1 1/4) for each bed, plus such additional off-street parking as required for other uses on the premises
3.  Homes for the aged, nursing homes, convalescent homes, children’s homes
One (1) for each three (3) beds.
4.  Libraries, museums, art galleries, community centers and post offices
Ten (10) spaces plus one (1) for each 300 sq. ft. of floor area in excess of 2,000 sq. ft.
E.  Schools
 
1.  Elementary and junior high schools
Two (2) spaces for each classroom, plus such additional off-street parking as required for other uses on the premises such as an auditorium, theatre, gymnasium, and stadium
2.  Senior high schools, business and technical schools, colleges and universities
As approved by the Planning Commission based on a parking study of the institution
 
 
Land Use
Required Parking Spaces
3.  Day care, child or adult
One (1) for each 500 sq. ft. of floor area
F.  Other
 
1.  All types of manufacturing uses
As approved by the Planning Commission based on a parking study of the proposed use
2.  Cartage, express, parcel delivery, freight terminals, warehouses
One (1) for each 1,000 sq. ft. of floor area
3.  Wholesale facility
One (1) for each 750 sq. ft. of floor area
4.  Self-service storage facility
Five (5) plus one (1) for each ten (10) storage units
 
(Ord. 34-15.  Passed 11-23-15.)
   (e)    Rules for Computing the Number of Required Spaces.
      (1)    In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
      (2)    Where fractional spaces result, the parking spaces required shall be construed to be the next whole number.
      (3)    Parking spaces for other permitted or conditional uses not listed in this section shall be determined by the Planning Commission with the approval of Council.
      (4)    Where there is an adequate public transit system or where for any other reason parking demand is unusually low, then the parking space provisions cited above may be reduced proportionately by the Planning Commission with the approval of Council.
      (5)    For purposes of computation of off-street parking, garage areas and carports shall be counted in arriving at the number of off-street spaces required in residential districts.
   (f)    Application to Existing Buildings and Change of Use.  Buildings existing at the time of adoption of this ordinance, which do not meet the off-street parking requirements, may be structurally altered to the extent of fifty percent (50%) of the floor area of the original building, and the use of such buildings may be changed to an equally intensive or less intensive use, without providing the required off-street parking spaces. However, if such buildings are structurally altered to an extent greater than fifty percent (50%) of the floor area of the original building, or if the use is changed to a more intensive use, such as the conversion of a single- family dwelling to an apartment, all required off-street parking spaces shall be provided.
   (g)    Existing Parking Spaces. Accessory off-street parking spaces in existence at the time of adoption of this ordinance may not be reduced in number below the number required herein for equivalent new construction, or, where below the required number, may not be further reduced below the number required for equivalent new construction.
   (h)   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 and Council shall be filed with the application for a zoning permit.
   (i)    Location of Parking Spaces. The following regulations shall govern the location of off-street parking spaces and areas:
      (1)    Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve;
      (2)    Parking spaces for commercial, industrial, or institutional uses shall be located not more than 700 feet from the principal use;
      (3)    Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 300 feet from the principal use;
      (4)    Detached parking areas shall not be located across a thoroughfare where the legal speed limit exceeds 25 mph unless a traffic control device (traffic light or stop sign) is installed at a crosswalk;
      (5)    The Board of Zoning Appeals has authority to allow location of required parking spaces on lots separated from the lot on which the use served is located;
      (6)    Minimum distance setbacks. 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 designated screen. In no case shall any part of a parking area be closer  than four feet to any established street or alley right-of-way.
   (j)    Parking Spaces Prohibited in Required Front Yard in Residential Districts.
Required off-street parking spaces shall not be permitted in a required front yard in residentially zoned districts.
   (k)    Improvements Required for Parking Spaces in all Zoning Districts.
      (1)    Parking space dimensions. A parking space shall have minimum rectangular dimensions of not less than nine feet in width and nineteen feet in length for ninety degree parking, nine feet in width and twenty- three feet in length for parallel parking, ten feet in width and nineteen feet in length for sixty degree parking, and twelve feet in width and nineteen feet in length for forty-five degree parking. All dimensions shall be exclusive of driveways, aisles, and other circulation areas. The number of required off-street parking spaces is established in subsection (d) (2) hereof.
      (2)    Width of driveway aisle. Driveway serving individual parking spaces shall be not less than twenty-five feet wide for ninety degree parking, twelve feet wide for parallel parking, seventeen and one-half feet for sixty degree parking, and thirteen feet for forty-five degree parking.
      (3)    Paving. The required number of parking and loading spaces as set forth in this section, together with driveways, aisles, and other circulation areas, shall be improved with Portland cement concrete, or asphaltic concrete.
      (4)    Wheel blocks. Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
      (5)   Drainage. All parking and loading areas where more than five spaces are required shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.
      (6)    Striping. All parking areas with a required capacity over two vehicles shall be striped between stalls to facilitate the movement into and out of the parking stalls.
      (7)    Maintenance. The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris.
      (8)    Lighting. Any parking area except in single family and duplex residential areas 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. (See Section 1145.11)
   (l)    Access.
      (1)    Any parking area shall be designated in such a manner than any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
      (2)    Width of access driveway. 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: 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. Access roads for two-way traffic shall have a minimum width of twenty-four feet. Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway.
   (m)   Requirements for Parking Areas Adjacent to Land Used for and Zoned for Residential Purposes. The following requirements apply to all parking areas which have five or more spaces and which are adjacent to land which is used for or zoned for residential purposes. Included in this category are parking spaces which are within residential areas themselves, such as for schools, churches and other special uses, and also parking areas within commercial and industrial districts adjacent to residential used or zoned areas.
      (1)    Screening and/or landscape. Whenever a parking area is located in or adjacent to a residential used or zoned area 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 not be less than four feet nor more than six feet in height and shall be maintained in good condition. 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. In the event that terrain or other natural features are such that the erection of such fence, wall, or planting screen will not serve the intended purposes, then no such fence, wall, or planting screen and landscaping shall be required.
      (2)    Parking areas shall be set back five feet or more from a rear yard of a residential parcel, and screened as above. The Board of Zoning Appeals has authority to waive the requirements for parking areas adjacent to side and rear yards, with substitution of a wall for the setback.
   (n)    Additional Requirements for Special Use Commercial and Industrial Parking Areas in Residential Districts. Sometimes it is necessary and desirable to serve the off-street parking needs of businesses and industries with parking spaces located in adjacent residential districts. This section allows application for this as a special use under Chapter 1148. In addition to the regular procedures and criteria for handling special uses, the following additional requirements shall apply to such parking areas:
      (1)    The parking area must be adjacent to a commercial or industrial district and shall not extend more than 150 feet away from such district. Penetration of residential property for the establishment of an off-street parking area shall be measured at right angles from the residential line adjoining such commercial or industrial district.
      (2)    Ingress and egress to the parking area shall be from a major street, or from a street located in a commercial or industrial district.
      (3)    All the requirements for yards, screening, and lighting facilities listed in Paragraph (m) (1) above shall apply to parking areas covered by this section.
      (4)    No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas.
      (5)    No signs shall be erected on the parking area except directional signs, as permitted in residential districts.
      (6)    No structures shall be erected or remain on any portion of the parking area.
      (7)    Parking areas shall be used only for the parking of patrons' and employees' private passenger vehicles, and no charge shall be made for said parking.
   (o)    Off- Street Loading Space Requirements (Excludes Central Business District).
      (1)    Definition of loading space. A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 by 55 feet and a vertical clearance of at least 14 feet.
      (2)    Standard and schedule of loading space requirements. Whenever the normal operation of any development requires that goods, merchandise or equipment be routinely delivered to or shipped from that development, sufficient off-street loading spaces must be provided to accommodate the delivery or shipment operations in a safe and convenient manner. The following tables indicate the number of loading spaces that presumptively satisfy the foregoing standard. However, the Planning Commission may require more or fewer loading spaces if reasonably necessary to satisfy the foregoing standard.
         A.   Each use of an institutional, personal or professional service nature, including but not limited to a business office, hotel, motel, recreational or entertainment type use shall provide loading spaces based on gross floor area as follows:
 
Gross Floor Area      Off-Street Loading
      (sq. ft.)         Space Requirements
Less than 20,001      none (0)
20,001 to 50,000      one (1)
50,001 to 100,000      two (2)
More than 100,000      three (3) plus one (1) loading space for each 100,000 sq. ft. or fraction thereof in excess of 200,000 sq. ft.
         B.   Each commercial or industrial type use involving the retail or wholesale exchange, sale, storage, warehouse, trucking terminal, processing or manufacturing of merchandise or personal property of any type shall provide loading spaces based on gross floor area as follows:
 
Gross Floor Area      Off-Street Loading
      (sq. ft.)         Space Requirements
Less than 5,001      none (0)
5,001 to 20,000      one (1)
20,001 to 40,000      two (2)
40,001 to 75,000      three (3)
75,001 to 125,000      four (4)
More than 125,000      five (5) plus one (1) loading space for each 100,000 sq. ft. or fraction thereof in excess of 200,000 sq. ft.
         C.   Other non-residential buildings having more than 10,000 square feet of floor area shall provide one off-street loading space.
      (3)    Conditions. The following conditions shall apply to the provision of off- street loading spaces:
         A.   Each loading space shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public street or alley and complete the loading and unloading operations without substantial  interference with any public right-of-way or any parking space or parking lot aisle.
         B.   Each loading space shall be Portland cement concrete or asphaltic concrete.
         C.   Space allocated to required off-street loading spaces may not be included in required off-street parking areas, nor shall an off- street loading space be used for normal vehicle repair or service work.
         D.   All required loading spaces shall be on the same lot as the use served.
         E.   Off-street loading spaces abutting the side or rear yard of a residential district shall be suitably screened or fenced from view.
         F.   No loading space shall be located in a required front or side yard. If located in a required rear yard, the space shall be open to the sky.
   (p)    Accessible Parking Space Requirements. Parking spaces shall be designated for the physically handicapped and may be used to compute the total number of spaces required. All such handicapped parking spaces shall be designated by free-standing signs as provided for pursuant to the Ohio Manual of Uniform Traffic Control Devices, Type R-59-A and/or R-59- 13. The number and location of the designated spaces shall be in compliance with the Ohio Basic Building Code (OAC 4101:1-11-03.2.1) which currently is as follows:
 
Total Spaces         Minimum Number
in Lot            of Accessible Spaces
1 to 25          one (1)
26 to 50         two (2)
51 to 75          three (3)
76 to 100         four (4)
101 to 150         five (5)
151 to 200         six (6)
201 to 300         seven (7)
301 to 400         eight (8)
401 to 500         nine (9)
501 to 1,000         two percent (2%) of total
More than 1,000      20 plus 1 for each 100
                over 1,000
   (q)   Cueing Space for the Disembarkation of Passengers. The following commercial
establishments must provide off-street holding or waiting area for the indicated  number of cars. This section is subject to review by the Planning Commission:
 
Churches          10
Schools          10
Theaters          10
Nursery schools       6
Hotel, motels          6
Funeral homes       6 
Meeting halls          6
Hospitals, nursing homes    6
Libraries, museums       6
   (r)    Stacking Space Requirement. Commercial establishments that include drive-in or drive-through services that create lines of customers waiting to be served within automobiles shall provide off-street stacking areas.
      (1)    EDITOR’S NOTE: Former subsection (r)(1) hereof was repealed by Ordinance 34-15.
      (2)    Drive-in restaurants and other similar uses which require an additional stopping point for ordering or payment shall provide a minimum of four (4) additional stacking spaces for each such stopping point. The total number of stacking spaces shall be allocated at each of the stopping points as necessary to prevent vehicles from causing congestion in the public right-of- way.
      (3)    EDITOR’S NOTE: Former subsection (r)(3) hereof was repealed by Ordinance 34-15.
      (4)    Motor vehicle service stations shall provide no fewer than two (2) stacking spaces for each accessible side of a gasoline pump island.
   (s)    Application for Approval of Parking Plan.
      (1)   For proposed new residences, or for enlarged or altered buildings to be used as residences, the location, size and all details required in this section shall be shown with dimensions on a separate drawing attached to the application for a zoning certificate. The plan shall be reviewed and approved by the Zoning Inspector and/or Municipal Administrator before construction begins. In the case of all purposes other than residential, the drawing shall be referred to the City Engineer for review. Based upon the Engineer's advice, the Municipal Administrator shall approve the plan before construction commences.
      (2)   For changes in use of a building which does not involve the need of a zoning certificate, the location, size and all details required in this section shall be shown with dimensions on a drawing submitted to the Municipal Administrator. The drawing shall be submitted to the City Engineer for review except when the building is to be used for residential purposes. The Municipal Administrator must approve the plan before construction begins.
   Appeals from a decision of the Zoning Inspector and/or Municipal Administrator denying approval shall be made in the manner elsewhere provided in the Code.
(Ord. 23-05.  Passed 1-23-06.)

1145.06 SPECIAL USE EXCEPTIONS.

   (Legislation pertaining to special uses is now codified as Chapter 1148.)

1145.07 NONCONFORMING USES.

   (a)   The lawful use of a building or land existing at the time of the adoption of this Zoning Code (Ordinance 431, passed September 4, 1963) 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 special 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.
   (b)   In any district, wherever a nonconforming use of a building has been or shall be discontinued for a period of two years, such nonconforming use shall not thereafter be re- established and the future uses shall be in conformity with the provisions of this Zoning Code.
   (c)   Any nonconforming building or structure damaged by fire, explosion, flood or act of God may be reconstructed and used as before such calamity, provided that the building or structure is not more than fifty percent destroyed.
   (d)   No existing building or premises devoted to a use not permitted by this Zoning Code in the district in which such building or premises is located, shall be enlarged, extended, reconstructed or structurally altered, except where required by law or ordinance, unless such use is changed to a use permitted in the district in which such building or premises is located.
   (e)   A use in violation of the provisions of the Zoning Ordinance of May 7, 1941, shall not be validated by the adoption of this Zoning Code.
(Ord. 431.  Passed 9-4-63.)

1145.08 SITE PLAN REVIEW PROCESS.

   A site plan for a proposed development shall be required pursuant to regulations codified in Chapter 1146.
(Ord. 23-05.  Passed 1-23-06.)

1145.09 ACCESS MANAGEMENT REVIEW REQUIREMENTS.

   A Traffic Impact Study shall be submitted by an applicant as part of a proposed site plan or for a change or expansion at an existing site in accordance with Chapter 1146A.
(Ord. 23-05.  Passed 1-23-06.)

1145.10 EXTERIOR LIGHTING STANDARDS.

   No lighting shall produce a strong, dazzling light or a reflection thereof that shall: shine directly on adjacent properties; unnecessarily illuminate any other lot and substantially interfere with the use or enjoyment of such other lot; in any way impair safe movement of traffic on any street or highway, or otherwise constitute a light nuisance.
   (a)    Minimum Site Lighting Criteria. All exterior lighting shall enhance the safety of persons and the security of the buildings:
      (1)    All developments with less than 10 parking spaces shall only be required to provide exterior lighting at all exterior doorways.
      (2)    All developments with 10 or more parking spaces shall provide exterior lighting for all exterior doorways, pedestrian pathways and vehicular use areas.
   (b)    Plans Required. Prior to approval of zoning or building permits for commercial and industrial developments, a photometric computer printout of the lighting model approved by a professional engineer registered in the State of Ohio shall be submitted for review and approval to insure that lighting restrictions are followed and light trespass is minimized. The plan shall show the location, the height above grade, the type of illumination, the source lumens and the luminous area for each luminaire proposed.
   (c)    Lighting Fixtures.
      (1)    The maximum height of any luminaire shall not exceed the maximum building height permitted in the Zoning District. Outdoor sport facility luminaires may have a maximum height of up to eighty (80) feet.
      (2)    Lighting poles shall be set back from the property line a minimum distance of twice the luminaire mounting height on the pole and spaced a minimum distance of approximately four (4) times the luminaire mounting height apart.
      (3)    All exterior lighting used to light vehicular use areas and pedestrian pathways shall utilize I.E.S. full-cutoff type luminaires. Any lighting used to illuminate any off-street parking areas shall reflect light away from an adjoining residential property or the public way.
      (4)    Mercury-vapor and quartz lighting shall require approval by the Planning Commission.
      (5)    Uplighting shall be prohibited unless used to light buildings, trees, shrubs, or the U.S. flag where the light is directed in such a way to prevent glare or light trespass.
         (Ord. 23-05.  Passed 1-23-06.)

1145.11 OUTSIDE STORAGE AND DISPLAY.

   No raw materials, building materials, vehicles, merchandise, waste products, or other material or equipment shall be stored or displayed within the minimum yards as required by this section.
   (a)    No raw materials used as inventory or for value added retail or other processing, outdoor furniture or lawn monuments, or other non-exempt manufactured goods and  materials may be stored or displayed outside of a building on the premises. Exempt  manufactured goods and materials include: new vehicles, boats, and trailers  displayed for sale; used vehicles, boats, and trailers displayed for sale when in  conjunction with new vehicle sales on the lot; lawn and garden centers; and plant  nurseries. Vehicles, trailers, or boats for sale may be displayed in yards other than  such minimum required yards provided that they are suitably screened or fenced;  and provided that all inventory of parts, material, or damaged, dismantled, or junked  vehicles, trailers, and boats are stored inside a building on the premises. In no case  shall this storage be maintained beyond the front building line except for items  displayed for sale or rental. Items displayed for sale or rental shall be set back the  greater of 75 feet from the centerline of the adjacent roadway or 50 feet from the right-of-way line.
   (b)    Building materials or equipment intended for use in connection with construction upon the premises may be stored or placed in yards other than such minimum required yards for a period not to exceed one year only upon receipt of a permit for such outside storage from the Municipal Administrator, and if the materials or equipment are screened or fenced in such a way so that the same are not visible by  persons at the street level in any residential zoning district or the public right-of way. Provided further, that all construction debris shall be removed from any premises within 30 days after occupancy thereof. 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.
   (c)    Temporary, daily, or overnight storage of vehicles, trailers, or boats is permitted as a principal or accessory use on a commercial parcel behind main structures in yards other than minimum required yards, provided that outside parking lots shall be suitably screened or fenced from view of the public right-of way and adjacent residential properties.
   (d)    No inoperable vehicle shall be stored within any district for a period of more than two (2) weeks, but may be stored in an enclosed building providing no business is conducted in connection therewith while such vehicle is parked or stored.
   (e)    There shall be no accumulation of waste products, junk, trash, rubbish or refuse in required yards in any use district. This matter may be stored or placed in yards other than minimum required yards for a period which does not exceed 30 days, provided the matter shall be adequately screened from view of the public right of way and residential areas and not create a nuisance. 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 the item could be put to any reasonable use.
      (Ord. 23-05.  Passed 1-23-06.)

1145.12 LANDSCAPING AND SCREENING STANDARDS.

   Prior to approval of zoning or building permits for multi-family, commercial and industrial developments by the City of Waterville, a landscape plan as regulated by Chapter 1151 shall be submitted for any property to which this section applies.
(Ord. 23-05.  Passed 1-23-06.)

1145.13 SWIMMING POOLS, PONDS AND WATER GARDENS.

   (a)   Scope.  This section shall apply to all swimming pools, spas, ponds and water gardens within the Municipality.
   (b)   Definitions.  As used in this section:
      (1)   “Limited access ladder” means any ladder with provision for making entry inaccessible when the pool is not in use, such as a swing-up or slide-up.
      (2)   “Pond” means any exterior artificial or non-natural excavation, grading or enclosure containing or normally capable of containing water at a depth at any point greater than two fee.
      (3)   “Portable ladder” means any ladder, which by its portable nature, is intended to be physically removed with ease when the pool is not in use.
      (4)   “Private swimming pool” means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving or bathing located at a dwelling house of no more than three families and used exclusively by the residents and their nonpaying guests.
      (5)   “Public swimming pool” means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving or bathing that is intended to be used collectively for swimming, diving or bathing and is operated by any person whether as the owner, lessee, operator, licensee or concessionaire, regardless of whether or not a fee is charged for use, but does not mean any public bathing area or private swimming pool.
      (6)   “Public bathing area” means an impounding reservoir, basin, lake, pond, creek, river or other similar natural body of water.
      (7)   “Water garden” means a pool of water with or without a liner, with a surface area of 100 square feet or less and with a depth of three feet or less used as a landscape feature with aquatic plants and with or without ornamental fish.
   (c)   Permit Required.  Before work is commenced on the construction of any pond or outdoor public or private swimming pool or on any addition, remodeling or other improvement thereto, a permit shall be obtained in accordance with Section 1147.03 of this Planning and Zoning Code.
   (d)   Exemptions. 
      (1)   All inflatable pools, kiddy pools, or those otherwise temporary in nature and which are seasonally erected after May 1 of each year and dismantled before September 15 of each year and not exceeding eighteen inches in depth and/or a surface area of 115 square feet or less are exempt from the provisions of this section.
      (2)   All hot tubs, home spas and whirlpool tubs with a surface area of 150 square feet or less and with a safety cover meeting the requirements of ASTM Standard F 1346, Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs are exempt from the provisions of this section.
      (3)   All water gardens are exempt from the provisions of this section.
   (e)   Ponds.  Ponds are permitted in any zoning district as an accessory use with the following conditions:
      (1)   The pond is incidental to a primary use as set forth in the Planning and Zoning Code.
      (2)   A site plan including location, setbacks, depth and side slope, as well as any fencing or marking shall be submitted with the application for such permit.
      (3)   Ponds with surface areas in excess of 800 square feet shall have front, side and rear yard setbacks of not less than ten percent (10%) of the width of the lot where the pond is located, or the yard setbacks specified elsewhere in this Planning and Zoning Code, whichever are greater.  No pond shall be nearer than five feet to any lot line.
      (4)   The edge of the normal water surface of a pond shall not be closer than fifty feet to any septic system, well or leach field.
   (f)   Barrier Requirements.
      (1)   Every outdoor swimming pool shall be completely surrounded by a barrier which shall comply with the following:
         A.   The top of the barrier shall be not less than six feet above grade for public swimming pools and not less than four feet above grade for private swimming pools, measured on the side of the barrier that faces away from the pool.  The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier that faces away from the swimming pool.  Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.
         B.   Openings in the barrier shall not allow passage of a four-inch diameter sphere.
         C.   Solid barriers that do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
         D.   Where the barrier is composed of horizontal and vertical members, it shall be constructed so that the horizontal members are on the pool side of the barrier.  Spacing between vertical members shall not exceed one and three-fourths inches in width.  Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-fourths inches in width.
         E.   Maximum mesh size for chain link fences shall be two and one- fourth inch square unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than one and three-fourths inches.
         F.   Access gates shall comply with the requirements of subsection (f)(1) A. through E. hereof, and shall be equipped to accommodate a locking device.  Such access gates shall be kept locked when the pool is not in actual use or is left unattended.
         G.   A building or existing wall may be used as part of such enclosure if the intent of providing a minimum six-foot or four-foot high pool access barrier is met.
         H.   No person in possession of land within the Municipality either as owner, purchaser, lessee, tenant or licensee on which is situated a swimming pool shall fail to provide or maintain such a barrier as herein provided.
      (2)   Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the following conditions must also be met:
         A.   When not in use, a pool with a portable ladder shall be rendered inaccessible by removing such ladder from the pool.
         B.   When not in use, a pool with a limited access ladder shall be rendered inaccessible by placing such ladder in a position that prohibits entry to the pool.
         C.   As an alternative to subsection (f)(2)A. and B. hereof, the ladder or steps shall be surrounded by a barrier which meets the requirements of subsection (f)(1)A. through H. hereof.
      (3)   Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
      (4)   All hot tubs, home spas and whirlpool tubs with a safety cover meeting the requirements of ASTM Standard F 1346, Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas, and Hot Tubs are exempt from the barrier requirements.
   (g)   Lighting; Noise.
      (1)   Lights used to illuminate any pool shall be so arranged and shaded as to reflect lighting away from adjoining premises and public streets.
      (2)   It shall be unlawful for any person to make, continue or cause to be made or continued at any pool, any loud, unnecessary, or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of common sensibilities within the Municipality.
   (h)   Conflict of Law.  In the event of conflict between any provisions of this section, including any rules and regulations adopted pursuant to its provisions, and any other provisions of the Codified Ordinances, including any rules and regulations adopted pursuant to such Codified Ordinances, the more restrictive provision or provisions shall prevail and control.
(Ord. 09-09.  Passed 4-13-09.)

1145.14 MEDICAL MARIJUANA PROHIBITED.

   The cultivation, processing or retail dispensing of marijuana for medical purposes is prohibited in all zoning districts of the City of Waterville.
(Ord. 23-16.  Passed 10-10-16.)

1146.01 WHEN A SITE PLAN IS REQUIRED.

   (a)    A site plan is required when the proposed development incorporates any of the following elements:
      (1)    The land use is a conditional or special use in the zoning district;
      (2)    (EDITOR’S NOTE:  Former subsection (a)(2) hereof was repealed by Ordinance 12-13.)
      (3)    The land use is a permitted use in the zoning district that involves the construction of a structure more than 20,000 square feet in size and/or the required provision of 20 new or additional off-street parking spaces according to Section 1145.05 of this Zoning Code;
      (4)    The proposed development will generate or has the potential to generate more than one hundred (100) vehicle trip ends during the peak hour of generation according to the most recent version of the ITE trip generation manual.
   (b)    In order to promote the appropriate preparation of a site plan consistent with the goals and objectives of this Zoning Code, the Planning Commission may encourage and engage in informal discussions with the applicant prior to formal submission of the site plan. Such review of preliminary plans and issues will provide greater assurance that the project complies with the objectives, standards, and criteria of this Zoning Code before major design and engineering expenditures have been committed to the project. This review is intended to reduce the likelihood that major adjustments and revisions would be required as a result of deficiencies found during the formal review of the plans.
   (c)    A presumption is established by this section that all of the requirements set forth in Section 1146.02 below are necessary to satisfy the requirements for Site Plan approval. However, it is recognized that each development is unique and some information listed may be unnecessary or costly to obtain. Therefore, the Zoning Inspector may allow less information to be submitted in an application than that set forth in the requirements of this Section according to the needs of the particular case. However, in the case of permit applications involving a conditional or special land use, the applicant shall rely in the first instance upon the recommendations of the Municipal Administrator whether less information than that set forth in the requirements of this Section may be submitted.
(Ord. 24-05.  Passed 1-23-06.)

1146.02 APPLICATIONS FOR SITE PLAN APPROVAL.

   All applications for site plan approval shall be submitted to the Zoning Enforcement Officer and shall contain the following information:
   (a)    A written description of the proposed development that includes:
      (1)    The applicant's name, address, and phone number;
      (2)    A signed statement that the applicant is the owner of the property or officially acting on the owner's behalf;
      (3)    The address and parcel number of the property;
      (4)    The name and address of the property owner(s) of record, if the applicant is not the owner;
      (5)   Name and address of the engineer, architect, and/or surveyor;
      (6)    Project description, including the total number of structures, units, bedrooms, offices, square feet, total and useable floor area, parking spaces, employees by shift, and similar related project specific information;
      (7)    Project completion schedule/development phases; and
      (8)    Names and addresses of all contiguous and adjacent property owners.
   (b)    A traffic impact study if required pursuant to Chapter 1146A.
   (c)    When a Storm Water Pollution Prevention Plan (SWP3) is required in accordance with Ohio Environmental Protection Agency regulations, a copy of such plan shall be submitted with the site plan.
   (d)    Site plan drawing(s) which illustrate the following information:
      (1)    A vicinity map drawn at a scale of 1" = 2000' and a site/landscape plan at a scale of not less than one inch equals 50 feet, with north arrow indicated;
      (2)    The gross and net acreage of all parcels in the project;
      (3)    Land uses, zoning classification, and existing structures on the subject parcel and adjoining parcels;
      (4)    Location of proposed and/or existing property lines, dimensions, legal descriptions, setback lines, and monument locations;
      (5)    Existing topographic elevations at two-foot intervals, proposed grades, and direction of drainage flows;
      (6)    Location and type of existing trees on the site with a diameter of six inches (6") or more at four and one-half feet (4-1/2') feet above grade. Included with the location of the tree should be the associated "drip line”;
      (7)    Location and elevations of existing watercourses and water bodies, including natural and/or man-made surface drainage ways, flood plains, and wetlands;
      (8)    Location of existing and proposed buildings and intended uses thereof, as well as the length, width, and height of each building;
      (9)    Proposed location of accessory structures, buildings, and uses including but not limited to, all flagpoles, light poles, bulkheads, docks, storage sheds, transformers, air conditioners, generators, dumpsters, and similar equipment, and the method of screening where applicable;
      (10)   Location of existing public roads, rights-of-way and private easements of record, and abutting streets;
      (11)   Location and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration, passing lanes (if any) serving the development, and traffic calming strategies (see ITE Standards) protecting a residential area;
      (12)   Location, design, and dimensions of existing and/or proposed curbing, barrier-free access, carports, parking areas (including indication of all spaces and method of surfacing), fire lanes, and all lighting thereof;
      (13)   Location, size, and characteristics of all loading and unloading areas;
      (14)   Location and design of all sidewalks, walkways, bicycle paths, and areas for public use;
      (15)   Location of water supply lines and/or wells including fire hydrants and shut off valves, and the location and design of storm sewers, retention or detention ponds, waste water lines, clean out locations, connection points, and treatment systems including septic systems, if applicable;
      (16)   Location of all other utilities on the site including but not limited to natural gas, electric, cable TV, telephone, and steam;
      (17)   Proposed location, dimensions and details of common open spaces and common facilities such as community buildings or swimming pools, if applicable;
      (18)   Location, size, and specifications of all signs and advertising features;
      (19)   Exterior lighting locations with area of illumination illustrated, as well as the type of fixtures and shielding to be used;
      (20)   Location and specifications for all fences, walls, and other screening features with cross-sections;
      (21)   Location and specifications for all proposed perimeter and internal landscaping, and other buffering features. For each new landscape material, the proposed size at the time of planting must be indicated. All vegetation to be retained on the site must also be indicated, as well as its typical size by general location, or range of sizes as appropriate;
      (22)   Location, size, and specifications for screening of all trash receptacles and other solid waste disposal facilities;
      (23)   Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials or hazardous materials, as well as any containment structures or clear zones required by government authorities;
      (24)    Identification of any significant site amenities or unique natural features;
      (25)   Identification of any significant views onto or from the site, to or from adjoining areas; and
      (26)   North arrow, scale, and date of original submittal and last revision.
         (Ord. 24-05.  Passed 1-23-06.)

1146.03 SITE PLAN REVIEW.

   (a)    Approval Process. All applications for site plan approval shall be submitted to the Zoning Enforcement Officer. Once deemed to be complete, the Planning Commission shall review all submitted materials and may approve (or approve with modifications) a site plan and authorize the issuance of a zoning certificate upon finding said plans are consistent with the purposes, objectives, and requirements of this Zoning Code.
      (1)    The Planning Commission shall take action on any site plan submitted under this section within sixty (60) days from the time the Zoning Enforcement Officer receives a complete submission of required materials. Any person submitting a site plan may agree to a longer review period by the Planning Commission.
      (2)    Prior to authorizing the issuance of zoning certificates, the Municipality may seek expert advice or cause special studies to be made for input to its review of any plans or proposals submitted. Proposed building plans shall be reviewed by building officials and authorized representatives of the Fire Department to assure conformance with appropriate fire, safety, building and sanitary conditions.
      (3)    The applicant may be requested or may volunteer to provide additional information or restudy all or part of the proposal, or to have additional studies done. The costs of securing expert advice or studies shall be borne by the applicant, but in no event shall such cost exceed the sum of one thousand dollars ($1,000) unless agreed to by the applicant. The Planning Commission may submit any or all site plans and proposals to any other similar organization for review and recommendations prior to acting on any such plan.
      (4)    When a particular site plan involves a variance request and/or conditional use approval, the Planning Commission may consider such matters concurrently with site plan approval provided all other applicable hearing and notification requirements are met.
   (b)    Review Criteria.  All site plans shall be reviewed on the basis of uniform criteria that advance the principals of good site design to provide safe vehicular access and pedestrian movement. Site plans shall also be reviewed on the basis of achieving site designs that will promote a healthy natural and built environment for residents and will advance principles defined in applicable community planning documents and this Zoning Code. Specific approval criteria include the following:
      (1)    The site plan shall show (consistent with the findings of a Traffic Impact Study if included) that a proper relationship will exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety on  both public and private lands.
      (2)    All development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.
      (3)    Building location and placement shall be developed with consideration given to minimize the removal of trees (in accordance with change of topography).
      (4)    Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
      (5)   Parking area landscaping and screening shall channel traffic flow in a safe manner, and on-site traffic circulation shall be designed to provide adequate access for fire and police protection, and minimize interference with the traffic carrying capacity of adjacent streets.
      (6)    Refuse storage and pick-up facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent blowing or scattering of refuse, and to provide an adequate visual barrier from locations both on- and off-site.
      (7)    All utilities on-site shall be located underground.
      (8)    Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, and to minimize the possibility of erosion in a manner consistent with the requirements of a Storm Water Pollution Prevention Plan (SWP3).
      (9)    The design and construction standards of all private roads, driveways, and parking areas, shall conform to the provisions of this Zoning Code and/or as may be recommended through engineering review. All private streets, driveways, and parking areas are to be of a useable shape and improved with asphalt, concrete, or other durable and dustless pavement or surface.
      (10)   When a proposed site plan includes a special use and/or variance, respective standards and conditions contained in this Zoning Code shall be met.
   (c)    Action on Site Plans.
      (1)    The Planning Commission shall take one of four actions on a site plan as described below:
         A.    A site plan may be approved as submitted.
         B.    A site plan may be approved with modifications expressly stated in a motion passed by the Planning Commission.
         C.    A site plan may be approved as submitted (or with modifications) in phases as described in Section 1146.06.
         D.    A site plan may be disapproved with reasons why the plan does not conform to the Zoning Code expressly stated in a motion passed by the Planning Commission.
      (2)    Within 180 days following approval by the Planning Commission, the applicant shall obtain a Zoning Permit in accordance with the requirements in this Zoning Code. Failure to secure a Zoning Permit within the allotted time will require a new site plan review. The Planning Commission may grant one extension not to exceed 180 days.
         (Ord. 24-05.  Passed 1-23-06.)

1146.04 CONFORMANCE WITH APPROVED SITE PLANS.

   All aspects of the development shall conform to the approved site plan.
(Ord. 24-05.  Passed 1-23-06.)

1146.05 AMENDMENTS TO APPROVED SITE PLANS.

   Amendments to approved site plans may be made in the same manner as an original site plan approval except that an applicant need not resubmit information that has already been submitted as part of a previous site plan review process.
(Ord. 24-05.  Passed 1-23-06.)

1146.06 PHASED SITE PLANS.

   In order to assure that a project will be developed in a manner consistent with the purposes of this Zoning Code, the Planning Commission may require or agree that the site plan(s) for a project be submitted indicating development in phases, if such project can logically be divided into phases. The Planning Commission shall review the entire project for conformance with all applicable regulations in this Code and shall give preliminary approval to the entire project if it so conforms. However, the Planning Commission shall also have the power to limit final approval and authorization for the Zoning Enforcement Officer to issue zoning or conditional zoning certificates to one section or phase of the total development at a time. Approval of subsequent phases shall be given subject to the following:
   (a)    Upon substantial compliance with the site plan(s) given preliminary approval; and
   (b)    Upon conformance with all applicable regulations of this Zoning Code; and
   (c)    Upon a finding by the Planning Commission that all preceding phases conform to all requirements of this Zoning Code and conform to approved site plans.
      (Ord. 24-05.  Passed 1-23-06.)

1146A.01 PURPOSE.

   Access management regulations promote and protect the public health, safety, and general welfare by providing development regulations that result in safer access to property and safer traffic flow. It is recognized that land use and site planning issues are directly linked to the capacity of roadways to efficiently move traffic through an area and provide safe access to adjoining property. It is also recognized that achieving an appropriate balance between roadway access to adjoining property and the ability of roadways to carry through traffic will not only reduce future congestion and accident rates, but will also enhance emergency vehicle response times. 
(Ord. 25-05.  Passed 1-23-06.)

1146A.02 TRAFFIC IMPACT STUDY REQUIRED.

   (a)    A Traffic Impact Study in accordance with Section 1146A.03 shall be required and shall be submitted by an applicant as part of the proposed site plan when so required by the Ohio Department of Transportation according to a State Highway Access Control Manual or when the proposed development will generate or has the potential to generate more than one hundred (100) vehicle trip ends during the peak hour of generation according to the most recent version of the ITE trip generation manual.  A vehicle trip end is the total of entering and exiting vehicles for the proposed development at full build out and occupancy. Estimates of traffic volumes shall be based on weekday traffic for locations at which weekday employment predominates. Retail development shall include weekend traffic volumes in the estimates. Traffic impact studies may be waived for residential subdivisions.
   (b)    A Traffic Impact Study shall also be required for new phases or changes to an existing development where a traffic study is more than two (2) years old and roadway conditions have changed significantly (volumes increasing more than two percent (2%) annually).
(Ord. 25-05.  Passed 1-23-06.)

1146A.03 TRAFFIC IMPACT STUDY CONTENTS.

   (a)   A Traffic Impact Study shall meet all of the requirements established by the Ohio  Department of Transportation according to the Access Control Manual, including:
      (1)    Description of the site, surroundings, and study area;
      (2)    Description of the proposed development site circulation and available sight distances at site driveways;
      (3)    Description of existing traffic conditions;
      (4)    Background Traffic Growth;
      (5)    Trip Generation;
      (6)    Trip Distribution;
      (7)    Impact Analysis;
      (8)    Access Design/Access Management Standards;
      (9)    Need for, or provision of, any additional right-of-way where planned or desired by the applicable transportation agency;
      (10)   Adequacy of the queuing area if the use involves a drive-through facility;
      (11)   If a median crossover is desired, separate analysis should be provided;
      (12)   If a traffic signal is being requested, the applicable traffic signal warrants shall be provided along with an analysis of traffic progression along the roadway through coordination with other signals;
      (13)    Mitigation/Alternatives;
      (14)   Traffic Calming Strategies
   (b)    Qualifications of Traffic Impact Study Preparer:
      (1)    Any Traffic Impact Study involving roadway or traffic signal design work shall be prepared by, or under the supervision of, a professional engineer registered in the State of Ohio with specific training in traffic engineering.
      (2)    The Traffic Impact Study should include a resume of the preparer responsible for the report. The Traffic Impact Study may also include relevant experience of the preparer's firm. The study should also be signed by the preparer with full recognition of potential liability for the results and recommendations outlined in the report.
         (Ord. 25-05.  Passed 1-23-06.)

1146A.04 ACCESS MANAGEMENT STANDARDS.

   (a)    To preserve and maintain efficient traffic movement, permitted access to all thoroughfares shall be limited as defined herein. A goal of these access management standards is to limit and reduce the number of driveways in favor of combined driveways and the construction of service roads to handle access to multiple parcels. These regulations are in addition to any other state, or local approvals required.
   (b)    Number of Driveways: Each lot is permitted to have a single, two-way driveway except in cases where a Traffic Impact Study clearly demonstrates the benefits of a second driveway from the standpoint of traffic movement. Examples of where a second drive may be justified include large corner lots where driveways on both streets may be desirable and instances where two, one-way drives are preferred more than one, two-way drive.
   (c)   Location of Driveways: All driveways shall be located as far as practical from the intersection of public streets.
   (d)    Conditional Approval of Driveways: As part of the site plan review process, a site plan may be approved with a specific driveway location under the condition that an agreement be reached between the property owner and the Municipality requiring that such driveway(s) be closed when specific circumstances are met. Such circumstances may include the future construction of a service road on adjacent property, the opportunity for a shared driveway with development of adjacent property, or other site-specific circumstances. This conditional approval may be required even if the driveway(s) conforms to all other requirements of this section.
   (e)    Driveway Alignment: New driveways shall be aligned with existing driveways across a street unless such alignment is shown to be undesirable in a Traffic Impact Study. Where such alignments are shown to be undesirable, the centerlines of opposing driveways shall be offset at least one hundred feet (100').
(Ord. 25-05.  Passed 1-23-06.)
   (f)   Regulations:  The “Access Management Regulations within the unincorporated areas of Lucas County, Ohio” effective July 6, 2007, and as amended shall be applicable within the Municipality of Waterville with the following modifications:
      (1)   References to Lucas County Boards, Commissions and Offices shall be interpreted as references to the corresponding Waterville Municipal Boards, Commissions or Offices unless otherwise specified.
      (2)   The Municipal Planning Commission shall serve as the Board of Appeals for Access Management.
      (3)   There will not be a separate Permit Fee for Access Management.
      (4)   State Route 64, the Anthony Wayne Trail, Waterville-Monclova Rd. and South River Rd. between the south corporation line and the Anthony Wayne Trail shall be considered Minor Arterials.
      (5)   Dutch Rd., Farnsworth Rd., Neapolis-Waterville Rd., Pray Blvd. and Neowash Rd., shall be considered Major Collectors.
      (6)   North River Rd. and South River Rd. from the Anthony Wayne Trail to Farnsworth Rd. shall be considered Minor Collectors.
         (Ord. 26-12.  Passed 12-10-12.)

1147.01 ENFORCEMENT.

   (a)   It shall be the duty of the Zoning Inspector to enforce this Zoning Code. Appeal from an action or decision of the Zoning Inspector may be made to the Board of Zoning and Building Appeals as provided in Section 1147.02.
   (b)   It shall be the duty of all officers and employees of the City and especially of all members of the Police Division to assist the Zoning Inspector by reporting to him upon new construction, reconstruction or land uses and apparent violations of this Zoning Code.
   (c)   In case any building or structure is erected, constructed, reconstructed, relocated, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Zoning Code, the City, in addition to any other remedies provided for herein, may institute such action or proceedings as are authorized by law to prevent and enjoin such unlawful erection, construction, reconstruction, relocation, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.
   (d)   Nothing contained in this Zoning Code shall require any change in the plans, construction, size or designated use of a building, structure or part thereof for which a building permit has been granted or for which a complete application with the necessary plans and specifications has been filed with the Municipal Administrator before the enactment or amendment of this Zoning Code and the construction of which, according to such permit or plans and specifications, shall have been started within ninety days of the enactment of this Zoning Code or such amendment.  If any of the above requirements shall not have been fulfilled within the time stated above or if any building operations are discontinued for a period of ninety days, any further construction shall be in conformity with the provisions of this Zoning Code.
   (e)   Any person aggrieved by the requirements or enforcement of this Zoning Code shall have an appeal to the County court having jurisdiction, but only after such person has exhausted all appeals and remedies provided by this Zoning Code.
(Ord. 431.  Passed 9-4-63.)

1147.02 APPEALS.

   (a)   A written appeal by any person whose property is adversely affected by any final action or decision of the Municipal Administrator or his designee upon a question of interpretation or application of the provisions of the Waterville Municipal Planning and Zoning Code or for the purpose of seeking an exception to or variance from the provisions of this Code may be brought before the Board of Zoning and Building Appeals in conformity with the provisions of Section 7.03 Board of Zoning and Building Appeals of the Waterville Municipal Charter. 
(Ord. 11-94.  Passed 6-27-94.)
   (b)   (1)   The written appeal shall contain a concise statement of the issues presented and may be accompanied by any supporting evidence or documentation.  A fee as determined from time to time by Council shall be paid at the time of the filing of said appeal with the Municipality.  Failure to timely file the appeal and/or pay the necessary fee shall be grounds for dismissal of the appeal by the Board.
      (2)   Those aggrieved by the decision of the Board of Zoning and Building Appeals may appeal such decision to the Lucas County Court of Common Pleas, as provided in Ohio R.C. Chapter 2506.
         (Ord. 44-05.  Passed 10-24-05.)

1147.03 PERMITS.

   (a)   Permits Required. Before proceeding with the erection, relocation or alteration of any building or part of any building in the City, a permit for such erection, relocation or alteration shall be first obtained from the Municipal Administrator by the owner or his agent, which permit, in such form as may be prescribed by Council, shall, In substance, certify that such proposed erection, relocation or alteration complies in all respects with this Zoning Code.  No person shall proceed with the erection, relocation or alteration of any building unless such permit shall first have been obtained.
(Ord. 431.  Passed  9-4-63.)
   (b)   Fees. The Municipal Administrator is hereby authorized and directed to charge fees as determined from time to time by Council for required permits and inspections in relation to buildings and other structures involving new construction, improvements, additions, and alterations to existing buildings and structures.  Said fees shall be paid by the applicant at the time of applying for such permit. 
(Ord. 44-05.  Passed 10-24-05.)
   (c)   Plans to be Submitted.  The applicant for a permit shall submit with his application, plans and specifications of the building which he intends to erect, relocate or alter, with a plot plan thereof, Including lot number or legal description of the property, and no erection, removal or alteration of any building shall be made other than in conformity with such plans after approval by the Zoning Inspector.  Such plans shall be sufficient to enable the Zoning Inspector to obtain full and complete information as to the extent and character of the work to be done.
   (d)   Revocation.  Should the Zoning Inspector consider that the work under such permit is not proceeding according to the plans and specifications upon which the permit was issued, but is proceeding in violation of the provisions of this Zoning Code, it shall be his duty to notify the owner or owners or his or their agent, in writing, that the work is being constructed in violation of the permit and this Zoning Code and that the same must be immediately rectified to conform with such permit and this Zoning Code. If the owner or owners neglect to comply with such notice or make such correction, the Zoning Inspector shall revoke such permit and notice thereof shall be immediately served upon the owner, agent, superintendent or contractor in charge of the work and posted on the premises referred to in such permit. Such notice shall be in writing, and signed by the Zoning Inspector.  After such revocation of permit, any contractor or workman performing any work in or about such building or premises shall be guilty of a misdemeanor and subject to the penalties provided in Section 1147.99 .
(Ord. 431.  Passed 9-4-63.)
   (e)   Permit Expiration:  A permit shall be in effect for one (1) year from the date of issuance.  If construction is started within one (1) year from the date of issuance of a permit, the permit shall be in effect for a total of two (2) years from the date of issuance.  Further work, as described in the expired permit, shall not proceed unless and until a new permit has been obtained.  In the event a permit is deemed to have expired under this provision, all fees paid to the City as part of the permit application and review process shall be non-refundable.
(Ord. 25-12.  Passed 12-10-12.)
   (f)   Street Tree Planting.  Before proceeding with the construction of any new building, and concurrent with obtaining a Zoning Permit for such building, the owner or their agent shall pay a fee as determined from time to time by Council for each street tree adjacent to the frontage of the building site.  The number of street trees adjacent to the building site shall be as specified in the approved Street Tree Plan for the subdivision, or if there is no such plan, as specified by the Tree Commission for the public right-of-way adjacent to the building site.  The City will plant the trees contemplated by this section at an appropriate time considering weather conditions and nearby construction activities.
(Ord. 03-16.  Passed 2-22-16.)

1147.99 PENALTY.

   Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Zoning Code shall, for each and every violation or noncompliance, be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.  Each day such violation is permitted to continue or exist shall constitute a separate offense.  The owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of any such violation shall be guilty of a separate offense and shall be subject to the penalties herein provided.
(Ord. 431.  Passed 9-4-63.)
 
 
 

1148.01 PURPOSE.

   Most types of land use covered by this Zoning Ordinance are grouped according to compatibility and function, and each group is permitted outright in the various districts established in the Ordinance.  In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community.  Such uses are classified in this Zoning Ordinance as special uses and fall into two general categories:
   (a)   Uses municipally operated or operated by publicly regulated utilities, and uses traditionally affected by public interest.
   (b)   Uses entirely private in character which, because of their peculiar locational needs or the nature of the service they offer to the public, may have to be established in a district in which they cannot reasonably be allowed as a permitted use under zoning regulations.

1148.02 SPECIAL USES.

   Council shall have authority to permit, by ordinance, after review by the Planning Commission, certain special uses of land or structures in any district, except as herein qualified and subject to the conditions and procedures set forth herein.  Such special uses may include:
   (a)   Airport or landing field.
   (b)   Amusement park.
   (c)   Cemetery or mausoleum.
   (d)   Churches.
   (e)   Commercial, recreational or amusement development for temporary seasonal periods only.
   (f)   Development of natural resources, including the extraction of sand, gravel, fill dirt, topsoil and stone.
   (g)   Drive-in theaters.
   (h)   Gun clubs, country clubs or private or semi-private golf courses, and similar recreational clubs and organizations.
   (i)   Hospital or institution, provided that any hospital or institution authorized in any R District shall not occupy more than twenty percent (20%) of the total lot area, and shall be set back from all yard lines at least two feet for each foot of building height.
   (j)   Nursing home in any R District.
   (k)   Privately operated community building or recreation field and swimming pools, and community facilities owned and operated by neighborhood organizations.
(l)   Public and government buildings.
   (m)   Radio or television broadcasting tower or station in R District.
   (n)   Plant nurseries and greenhouses in any R District.
   (o)   Day nurseries for preschool children in any R District.
   (p)   Commercial or industrial parking areas in R Districts adjacent to a business or industrial zoning district, according to the additional procedures and conditions of Section 1145.05.
   (q)   A charitable or public service organization chartered as a non-profit corporation or organization by the State in any commercial district.
   (r)   Commercial motor truck terminal, truck repair station and/or garage and commercial parking lots and/or parking garage for commercial trucks exceeding 7,000 pounds net weight.
   (s)   Commercial bulk storage or handling facilities for:
      (1)   Petroleum derived substances;
      (2)   All other types of liquid organic substances;
      (3)   All types of liquefied gases;
      (4)   All noxious gases such as ammonia, chlorine, benzene, etc.
      (5)   Any substance having a pH of 3.0 or lower;
      (6)   Any substance having a pH of 12.0 or higher;
      (7)   Any item or product containing any explosive type substance capable of being detonated by either heat, shock or electric arc.
   (t)   Commercially operated transmission pipelines, located either above or below ground surface, and used for transferring such substances as:
      (1)   Petroleum derived substances;
      (2)   All other types of liquid organic substances;
      (3)   All types of liquefied gases;
      (4)   All noxious gases such as ammonia, chlorine, benzene, etc.;
      (5)   Coal slurries;
      (6)   Any substance having a pH of 3.0 or lower;
      (7)   Any substance having a pH of 12.0 or higher.
Excluded are local service lines installed to distribute natural gas to residential or commercial customers located within the City or having extensions into the Township.
   (u)   Such other uses as are deemed compatible and harmonious with the authorized uses permitted in any district and which are determined not to be detrimental to the general welfare or safety of the community as a whole.

1148.03 APPLICATION FOR APPROVAL.

   Application to build or occupy any of the special uses listed in this chapter shall be filed with the Municipal Administrator or his or her designee and shall be accompanied by plans showing the proposed development, including locations of buildings and off-street parking areas, landscaping, site utilities including storm drainage and site topography at intervals not greater than one (1) foot (topography to extend one hundred (100) feet beyond site).  A fee as determined from time to time by Council shall be paid at the time of submission of the application. 
(Ord. 45-05.  Passed 10-24-05.)

1148.04 PROCEDURE.

   The procedure for processing special use applications shall be the same as for an amendment to the Zoning Ordinance, as set forth in Section 1129.04, including referral of the proposed special use to the Planning Commission, consideration and action by the Commission and hearing, notice and action by Council pursuant to Section 1148.05.  The Planning Commission may obtain review by the Municipal Engineer, Public Works, Fire and Police Departments of any proposed special use.

1148.05 CRITERIA.

   The following criteria shall be used in considering a special use application by the Planning Commission and Council:
   (a)   The special use is necessary or desirable for the public convenience at that location.
   (b)   The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
   (c)   The special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
   (d)   The special use conforms, with the exception of planned developments, to the applicable regulations of the district in which it is to be located, including yard and height restrictions, and also conforms to the requirements for off-street parking and loading facilities as set forth in Section 1145.05.

1148.06 AUTHORITY.

   The Planning Commission may recommend and Council may provide conditions or restrictions upon the construction, location and operation of a special use including, but not limited to provisions for off-street parking as shall be deemed necessary to secure the specific purposes and requirements of this chapter, and the general objectives of this Zoning Ordinance.  Any ordinance passed by Council to authorize a special use which includes the construction, reconstruction or modification of buildings or other structures or which changes the character or appearance of the subject land shall incorporate by reference a detailed site plan and any deviation from or modification of said site plan shall require Planning Commission review and Council approval.  Any approved special use shall be subject to periodic review by the Planning Commission and Council to insure that such use continues to be compatible with the permitted uses in that zone.

1148.07 EXISTING SPECIAL USES AND ENLARGEMENTS.

   Any authorized special use which is being carried on or which has actually been constructed or for which construction has been commenced and is being diligently carried on prior to the adoption of this Chapter shall be valid.  Any previously authorized special use not maintained or implemented upon adoption of this Chapter shall be deemed extinguished and any such special uses or new special uses shall be subject to the entire application and hearing procedures required by this Chapter.

1148.08 DEVELOPMENT.

   An approved special use shall be constructed and maintained in accordance with the plans and conditions approved by Council, and a zoning certificate shall be issued accordingly.

1148.09 DELAY IN CONSTRUCTION.

   In the event that construction of an approved special use is not started within the year and substantially completed within two (2) years after approval by Council, the special use certificate shall expire and reapplication for approval of the special use shall be necessary.

1148.10 MAINTENANCE OF SPECIAL USES.

   Any approved special use shall be subject to periodic review by the Planning Commission and Council to insure that such use continues to be compatible with the permitted uses in that zone.  In addition, the Municipal Administrator may refer situations to the Planning Commission and Council for review.
   In the event an approved special use has been discontinued for a period of two years, the special use certificate shall expire and reapplication for approval of the special use shall be necessary.  The holder of a special use certificate may voluntarily surrender a certificate after submitting a written request with the Municipal Administrator; the certificate shall expire upon filing. 
(Ord.  08-98.  Passed 5-11-98.)

1149.01 PURPOSE.

   It is the intent of this chapter to restrict as home occupations all uses except those that conform to the standards set forth in this chapter.  In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a nameplate as permitted in Section 1149.03(l).  The standards for home occupations in this chapter are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, and to ensure a clearly secondary or incidental status in relation to the residential use of the main building.  Notwithstanding the provisions of this chapter, certain special uses may be permitted in accordance with the provisions of Chapter 1148 of this Code.
(Ord. 33-93.  Passed 7-25-94.)

1149.02 DEFINITION.

   A home occupation is defined and reads as follows:
   "Home occupation" means an accessory activity of a nonresidential nature which is performed within a dwelling unit or within an accessory building thereof, for gainful employment involving the manufacture, provision or sale of goods and/or services.  The use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. 
(Ord. 33-93.  Passed 7-25-94.)

1149.03 GENERAL REGULATIONS.

   Home occupations are permitted accessory uses in an agricultural or residential zone, subject to approval by the Municipal Administrator or his designee and only so long as the following regulations are met:
   (a)   No more than one person, other than a member of the immediate family occupying such dwelling, shall be employed on the premises at any given time.
   (b)   Such occupation shall be conducted wholly within the dwelling or an accessory building thereof.
   (c)   If carried on within a dwelling unit, the floor area devoted to such use shall not exceed twenty-five percent (25%) of the total floor area of such dwelling.
   (d)   No stock in trade shall be kept or commodities sold other than articles produced by such home occupation.  Items commonly collected or traded and occasionally sold by hobbyists such as coins, stamps, and antiques, may be considered as exempt of these provisions when all other conditions are met.
   (e)   No vehicular or pedestrian traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood; any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard, in an amount as determined necessary by the Municipal Administrator or his designee.  Activities related to home newspaper distribution and delivery and occasional use of the premises in connection with religious, charitable, educational, or civic organizations shall be deemed to be exempt from these provisions.
   (f)   No commercial vehicle type shall be used in connection with the home occupation or parked on the property.
   (g)   No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exist.
   (h)   In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting signs, or the emissions of sounds, noises or vibrations.
   (i)   There shall be no outdoor storage of any kind related to the home occupation.
   (j)   No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
   (k)   The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking.
   (l)   Only one nameplate shall be allowed.  It may display the name of the occupant and/or the name of the home occupation (e.g., John Doe, Eatery).  It shall not exceed two square feet in area, shall be non illuminated and shall be attached flat to the main structure or visible through a window.  The limitation to one nameplate is intended to apply to all lots, including corner lots.  No vehicles bearing any sign advertising the carrying on of a home occupation upon the subject premises shall be parked on or in proximity to the residential property.
   (m)   No mechanical equipment shall be used except such as may be used for domestic or household purposes, or as deemed similar in power and type.
   (n)   Any home occupation permitted to be carried on pursuant to this chapter shall fully comply with all applicable federal, state, and local statutes, ordinances, rules and regulations to include but not limited to, the Ohio Basic Building Code, the Lucas County Building Code, the State Fire Code, and all applicable health, sanitation and environmental protection laws.
   (o)   When reviewed by the Board of Zoning Appeals, it may impose such other reasonable conditions and limitations as may be required to protect nearby residential premises.
      (Ord. 33-93.  Passed 7-25-94.)

1149.04 PERMITTED HOME OCCUPATIONS.

   Any person engaged in a personal profession or occupation which requires the use of his or her own personal skill or talent shall be permitted to carry on that activity within his or her home, provided that the home occupation is conducted in full conformity with the requirements of Section 1149.03 and is not otherwise prohibited by the provisions of this chapter or other local, state or federal law or regulation.
(Ord. 33-93.  Passed 7-25-94.)

1149.05 HOME OCCUPATIONS PROHIBITED.

   Home occupations permitted in Section 1149.04 shall not in any event be deemed to include:
   (a)   Animal hospitals.  Clinics or grooming services, kennels, stables, or other animal boarding or service activities.
   (b)   Barber shops or beauty parlors;
   (c)   Hospitals or professional clinics, medical or otherwise;
      (Ord. 33-93.  Passed 7-25-94.)
   (d)   Dancing or nursery schools for more than three nonresident children or child care services for more than the maximum number of children specified in Chapter 5104 of the Ohio Revised Code for a “Type B family day-care home”.
      (Ord. 09-11.  Passed 3-14-11.)
   (e)   Private or semi-private clubs or restaurants;
   (f)   Trailer, motor vehicle or large equipment rental, sales or service;
   (g)   Gift shops.  (Ord. 33-93.  Passed 7-25-94.)

1149.06 PROCEDURE.

   (a)   Application.  Prior to commencement thereof, an application for a home occupation permit shall be made to the Municipal Administrator or his designee.
   (b)   Decision by Municipal Administrator.  If upon examination of the request for a home occupation permit the Municipal Administrator finds that such a use will conform to the requirements of this chapter, he shall issue a permit for such use within thirty days.  If the request for a home occupation permit is denied, the applicant shall be notified within thirty days.  The denial of any such application by the Municipal Administrator may be appealed by the applicant to the Board of Zoning Appeals in the manner provided in Section 7.03 of the Waterville Municipal Charter.
   (c)   Referral to the Board of Zoning Appeals.  The Municipal Administrator may, at his discretion, refer the application to the Board of Zoning Appeals.  The Board shall give public notice and hold a public hearing on such proposed use in accordance with the procedure outlined in Section 7.03 of the Waterville Municipal Charter.  The decision of the Board shall be final.
   (d)   Record of Home Occupation Permits.  A record of all home occupation permits shall be kept on file in the Municipal Building.
   (e)   Voiding of Permits.  The Municipal Administrator may void at any time a home occupation permit for noncompliance with the conditions set forth in approving the permit or with the provisions of this chapter.  Notice of such action shall be sent to the person granted the permit by regular mail or by delivering a copy of such notice to the residence where such occupation is carried on and notice shall be deemed to have been given upon mailing or said delivery.
   (f)   Appeals.  Appeal of the Municipal Administrator's decision shall be to the Board of Zoning Appeals as provided for in Section 7.03 of the Waterville Municipal Charter.  In the event an appeal to Board of Zoning Appeals is not timely filed or the decision of the Board upon the appeal is adverse to the applicant or permit holder, the home occupation shall not be commenced or shall immediately be discontinued.  Notwithstanding the provisions for appeal contained in Section 7.03 of the Waterville Municipal Charter, if the Municipal Administrator in his discretion determines that the home occupation activity being carried on poses a clear and present danger to the health, safety or well being of the occupants or any member of the public, he may direct that such activity immediately cease until otherwise permitted by the Board of Zoning Appeals.
   (g)   Penalty.  Whoever violates, disobeys, neglects or refuses to comply with the provisions of this chapter shall be subject to the penalty provided in Section 1147.99 of this Code.  Each day such violation is permitted to continue or exist, including continuation of a home occupation or related activity which the Municipal Administrator has ordered to immediately cease pursuant to subsection (f), above, shall constitute a separate violation.  In addition, the Municipal Solicitor is authorized to institute any and all legal actions necessary to enjoin a continued violation of the provisions of this chapter.
(Ord. 33-93.  Passed 7-25-94.)

1150.01 DEFINITIONS.

   The following definitions apply to Chapter 1150, in addition to all other definitions contained in the Planning and Zoning Code:
   (a)   “Adult materials” means media, performances, matter or services, distinguished or characterized by the emphasis on specified sexual anatomical areas or specified sexual activities or which are otherwise harmful to juveniles or obscene.  Adult materials may include any one or more of the following: displays, such as posters, prints, pictures, photographs and similar photographic reproductions, slides, transparencies, figures, or images; media, such as that found within books, magazines, newspapers, periodicals, pamphlets, or descriptions; audio-visual media, such as motion picture films, previews, trailers, video cassettes, compact discs, laser discs, DVDs, computer files or software, phonographic records, slides, tapes, or other printed matter; visual representations, such as dance routines, exhibitions, female impersonators, gyrational choreography, lingerie modeling or lingerie dancers, plays, shows, skits, or strippers (male or female); tangible instruments, devices, or paraphernalia designed for use in connection with specified sexual activities; or any service capable of arousing prurient or scatological interests through sight, sound or touch.
   (b)   “Sexually-oriented business” means an establishment where a substantial portion of the use is distinguished or characterized by its emphasis on adult materials, including: adult cabarets; adult entertainment establishments; adult media/novelty establishments; adult motels; adult motion picture theaters; or adult theaters; more specifically defined hereunder by this chapter.  A sexually- oriented business shall not include: nude model studios; sexual encounter centers; sexually-oriented escort agencies; sexually-oriented spas; or sexually- oriented viewing booths or arcade booths; each more specifically defined by this chapter and prohibited as land uses or accessory uses in Chapter 1150, Sexually- oriented business shall include:
      (1)   Adult Cabaret: A nightclub, bar, restaurant, or other similar establishment which for any form of consideration displays or depicts adult materials in a seating area greater than 600 square feet as a substantial portion of the total entertainment or presentation time and where any live entertainment takes place in an area that features horizontal and/or physical barriers to prevent contact between the performers and the audience.
      (2)   Adult Entertainment Establishment: An establishment where the patron directly or indirectly is charged a fee; where the establishment features entertainment or services which constitutes adult material as defined in this chapter, or which features exhibitions, dance routines, gyrational choreography by persons exhibiting specified sexual anatomical areas, strippers (male or female), female impersonators, lingerie models, lingerie dancers, or similar entertainment or services which constitute adult material.
      (3)   Adult Medical Novelty Establishment: An establishment that for any form of consideration offers adult materials for retail sale or rental as a substantial portion of its stock-in-trade, including displays, media, audio- visual media, instruments, devices or paraphernalia.
      (4)   Adult Motel: A hotel, motel, or similar commercial establishment that offers accommodation to the public for any form of consideration, provides patrons with close-circuit television transmissions, films, motion pictures, laser discs, videocassettes, DVDs, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities, or adult material, and:
         A.   Has a sign visible from the public right of way that advertises the availability of adult and/or sexually explicit materials along with room rentals; or
         B.   Offers a sleeping room for rent for a period of time that is less than ten hours; or
         C.   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
      (5)   Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, computer files or software, laser discs, video cassettes, DVDs, slides, or similar photographic reproductions are shown to a seating area of more than 150 square feet, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the description of specified sexual activities or specified sexual anatomical areas.
      (6)   Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment containing a seating area greater than 150 square feet which prevents contact between the performers and the audience with horizontal and/or physical barriers and featuring as a substantial portion of its stock-in-trade, persons or live performances that are characterized by the exposure of specified sexual anatomical areas or specified sexual activities.
      (7)   Nude Model Studio: Any establishment where a person who exhibits specified sexual anatomical areas is to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. A nude model studio shall not include a proprietary school licensed by the State of Ohio or a college, junior college, or university supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure, provided such institution meets all of the following criteria:
         A.   There is no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing; and
         B.   In order to participate in a class a student must enroll at least three days in advance of the class; and
         C.   No more than one person exhibiting specified sexual anatomical areas is on the premises at any one time.
      (8)   Sexual Encounter Center: Any establishment that for any form of consideration, offers activities or physical contact between male and female persons and/or persons of the same sex in a private or semi- private area when one or more of the persons displays or exhibits specified sexual anatomical areas or performs specified sexual activities, including wrestling or tumbling, lap dancing, and body painting.
      (9)   Sexually-Oriented Escort Agency: Any establishment which for a fee, tip or other consideration advertises to furnish, offers to furnish, or furnishes as its primary business a companion, guide or date service which includes the exposure of specified sexual anatomical areas or specified sexual activities, the modeling of lingerie, or private striptease performances.
      (10)   Sexually-Oriented Spa: Any establishment which for any form of consideration provides massage services, bathing, sauna, shower or hot tub services, or health services by an employee or other person who is not a licensed medical professional or a certified massage therapist, and where the employee or other person displays specified sexual anatomical areas, engages in specified sexual activities, or offers activities or physical contact with the patron commonly associated with a sexual encounter center.
      (11)   Sexually-Oriented Viewing Booth/Arcade Booth: Any establishment to which the public is permitted or invited which contains a booth, cubicle, stall, or compartment less than or equal to 150 square feet in area that is primarily designed, constructed, or used to hold or seat one or more patrons therein, who are charged a fee or some other form of consideration, typically through a coin operated, slug operated, or electronically, electrically or mechanically controlled device, for viewing adult materials, such as live entertainment, motion pictures or viewing publications.
   (c)   “Public display” means the act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult materials are on display to the public.
   (d)   “Specified sexual anatomical areas” means the showing of less than completely and opaquely covered human: genitals; pubic region; vulva; buttocks; anus; anal cleft; or human male genitals in a discernibly turgid state even if completely and opaquely covered.  The showing of the lower portion of the female breast below a horizontal line across the top of the areola at its highest point, but not including any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola or nipple is not exposed in whole or in part.
   (e)   “Specified sexual activities” includes any of the following as part or in connection with any of the uses of an establishment set forth in this chapter:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
      (2)   Sexual activity, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, sadomasochistic activities, or bestiality;
      (3)   Actual or simulated masturbation, or the penetration of an orifice with a sex toy; or
      (4)   Excretory functions, actual or simulated, including urination, defecation, male ejaculation, or the aftermath of male ejaculation.
   (f)   “Substantial portion” means a measurement, count, or ratio used in the determination of a sexually oriented business, as follows:
      (1)   For retail sales or rental of adult materials in displays visible or self- accessible to the public, more than ten percent (10%) of the content, stock-in-trade, shelf space, or inventory of the establishment;
      (2)   For retail sales or rental of adult materials of a media nature only (i.e., not including lingerie, leather goods and sex toys) displayed in separate rooms or areas with access controls which isolate the room or area from other parts of the store and prevent patrons from viewing adult materials from the rest of the establishment, more than twenty-five percent (25%) of the gross floor area of the establishment;
      (3)   For performance activities or the showing of films, motion pictures, video cassettes, slides, or similar visual or photographic reproductions, more than ten percent (10%) of the presentations or performances within any ninety-day period in the establishment are characterized by the depiction or description of:
         A.   Presentations emphasizing specified sexual activities or specified sexual anatomical areas; or
         B.   The showing of movies where the Motion Picture Association of American Moving Rating System or a rating system using similar constitutionally acceptable standards would apply an “adults only” rating, including, but not limited to: “NC-17", “X”, “XX”, or “XXX”, or unrated films with comparable content.
            (Ord. 11-02.  Passed 9-23-02.)

1150.02 PURPOSE FOR REGULATION OF SEXUALLY ORIENTED BUSINESS.

   Additional regulations are imposed upon sexually oriented businesses to protect children from exposure to sexually-oriented businesses and materials and because of expected secondary impacts on the residential neighborhoods and other specific land uses.
(Ord. 11-02.  Passed 9-23-02.)

1150.03 PERFORMANCE STANDARDS AND LIMITATIONS.

   (a)   No sexually oriented business shall be established within seven hundred fifty (750) feet of any:
      (1)   Residential zoning district;
      (2)   Library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground or swimming pool;
      (3)   Planned Unit Development that includes residential land uses; or
      (4)   Bar, tavern, or other establishment offering the sale of beer or intoxicating liquor for consumption on the premises regulated by the Ohio Division of Liquor Control.
   (b)   No sexually oriented business shall be established within 500 feet of any other sexually oriented business.
   (c)   For the purpose of this section, measurement shall be made in a straight line, without regard for the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premise listed above.  The presence of a municipal, county or other political subdivision boundary shall be irrelevant for the purpose of calculating and applying the distance requirements of this section.
   (d)   No adult materials, displays, promotions or advertisement of adult material shall be shown, distributed or exhibited so as to be visible from the public right of way, or from any adjacent public or privately owned property.
   (e)   All building openings, entries, windows and doors of sexually oriented businesses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from the public right of way, or from adjacent public or privately owned property.  For new construction, the building shall be oriented so as to minimize any possibility of viewing from any public right of way or any public or private property.
   (f)   No screens, loudspeaker, or sound equipment used in adult motion picture theaters (enclosed or drive-in) or other sexually oriented businesses shall be operated in such a manner as to be seen or discerned from the public right of way or any public or privately owned property.
   (g)   Exterior identification signage is permitted subject to other applicable provisions of these regulations.  However, to limit exposure of sexual images to minors, no exterior signage shall include verbal or written messages, graphics, drawings, or other illustrations that publicly display specified sexual anatomical areas or specified sexual activities.
(Ord. 11-02.  Passed 9-23-02.)

1151.01 PURPOSE.

   This section provides minimum landscaping and screening standards for the development of land in order to provide suitable screening between incompatible land uses; to screen from view visually undesirable uses; to provide attractive views from roads and adjacent properties; to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; and to protect the health, safety and general welfare of the community through the reduction of noise, air and visual pollution, and artificial light glare. Nothing in this section shall prevent the provision of landscaping in excess of the minimums specified. 
(Ord. 26-05.  Passed 1-23-06.)

1151.02 LANDSCAPING PLAN APPROVAL REQUIREMENT.

   Approval of a landscaping plan is required for all new property development and any substantial expansion of existing structures. Substantial expansion of existing structures shall be defined based on the criteria established below:
 
When existing structure is...       A substantial expansion is...
0-1,000 Sq. Ft.            50% or greater
1,001-10,000 Sq. Ft.            40% or greater
10,001 - 25,000 Sq. Ft.         30% or greater
25,001 - 50,000 Sq. Ft.         20% or greater
50,001 Sq. Ft. and larger         10% or greater
   Individual single-family dwellings, two-family dwellings and the construction of parking lots of five spaces or less are not required to submit a landscaping plan.
   (a)    General Requirements for Submission of Landscaping Plan.  A landscape plan shall be submitted for any property to which this section applies. When new property development, or the expansion of an existing structure, involves the construction of more than 50,000 square feet of floor area, the landscape plan shall be prepared by a Landscape Architect, registered in the State of Ohio. All landscape plans shall contain the following information:
      (1)   North arrow and scale. Plans must be at a reasonable scale to indicate all types of proposed landscape improvements at a minimum of 1 inch equals 20 feet;
      (2)    The name of the applicant/owner;
      (3)    The name, registration number, address and phone number of the person or firm responsible for the preparation of the landscape plans (if applicable);
      (4)    Name and address of the person, firm, or corporation that will carry out the actual installation;
      (5)    The dates on which plans are submitted or revised;
      (6)    All existing and proposed planted areas, fencing, and walls to be removed, retained, or added to the site. The plant list shall include the common names, specified installation size, and on-center planting dimensions when applicable. When the list of plant material to be removed contains existing trees, the landscape plan shall justify that building location and placement has been developed with due consideration given to minimizing removal of trees. Quantities required shall be referenced on the plan;
      (7)    All property lines and easements, water outlets, utility poles, fire hydrants, light standards, underground utilities, signs, fences, dumpster locations and other permanent features;
      (8)    All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site;
      (9)    Any other information which is determined necessary to review the proposal adequately.  (Ord. 26-05.  Passed 1-23-06.)
   (b)    Approval of Landscaping Plans.  Approval of Landscaping Plans for landscaped areas shall be as follows:  (Ord. 13-13.  Passed 5-13-13.)
      (1)    No site or development plan or zoning certificate shall receive final approval unless a landscape plan meeting all of the requirements of this Section has been submitted and approved.
      (2)    At the time of occupancy or use of a structure, the approved landscape plan shall be fully implemented on the site unless such plan, because of seasonal conditions, is delayed by not more than 180 days.
   (c)    Modification of Landscaping Plan.  The City shall have the authority to modify any of the requirements of this section when considering a proposed site plan in order to address unique site-specific conditions or circumstances or with respect to changes in elevation, environmental impact, durability of plant material, aesthetic appeal, and any other factor that will result in a more compatible buffer or screen with the surrounding neighborhood at the time of application. The City shall base its decision on all of the following criteria:
      (1)    The specific conditions which are unique to the applicant's land.
      (2)    The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.
      (3)    The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this section.
      (4)    Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
      (5)    A demonstration that the applicant has provided for a buffer that achieves the spirit of this section.
         (Ord. 26-05.  Passed 1-23-06.)

1151.03 LANDSCAPE AND BUFFER YARD STANDARDS.

   (a)    Side and Rear Buffer Yard Establishment. When a continuous physical screen is
required by this Zoning Code to prevent visual access from one use to another, then a buffer yard will be required as identified in the "Landscape Requirements Matrix" in Subsection (c) below. Once a buffer yard has been approved by the City and established by the owner, it may not be used, disturbed or altered unless it complies with the regulations of this section.
      (1)    Where vegetative and/or topographic conditions that provide a natural screening and buffer exists prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such areas.
      (2)    The requirement for a wall, fence or greenbelt may be waived if equivalent screening is provided by existing or planned parks, parkways, recreation areas or by topography or their natural conditions.
      (3)    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.
      (4)    Required buffer strips shall consist of maintained living vegetative material such as trees, shrubs, ornamental plants; earth mounding or fencing made of wood that results in one hundred percent (100%) opacity to a minimum height of six feet (6') at the time of installation to effectively shield the view from these respective adjacent parcels.
   (b)    Right-of-way, Easements, and Setbacks.
      (1)    Required landscaping may be placed wholly or partially in the right-of way, utility or other easements, providing all landscaping requirements can be fulfilled and written approval is granted by the holder of the easements and/or right-of-way.
      (2)    Street trees shall be placed within the tree lawn, unless restricted due to underground utility locations. Shrubs shall not be permitted in tree lawns. Trees placed under or within 20-feet of overhead utility wires shall be limited to "small trees" as approved by the Waterville Tree Commission.
      (3)    In no case, however, shall landscaping (including annuals, perennials, and grasses) and buffer yards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight feet of limbless trunk may be permitted within the sight distance triangle. In the case of a street intersection, the sight triangle shall consist of the area between points 20 feet along both intersecting streets from their respective edge of pavements.
   (c)    Landscaping for Vehicular Use Areas. Landscaping within parking areas, whether ground cover or upright plant material, is necessary not only to reduce the generation of heat and water runoff, but also to break up, visually, the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is required to landscape parking lot interiors. The use of shade trees in these landscape areas is encouraged. All off-street parking areas, access drives or other vehicle use areas shall be landscaped with plantings of grass, shrubs or trees according to the following minimum requirements:
      (1)   Amount of landscaping required.
         A.    Landscaping for any outdoor parking area containing six or more spaces shall be provided around its perimeter as indicated in the "Landscape Requirements Matrix.
         B.    Vehicular use areas containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. An area equal to five percent (5%) of the total area devoted to parking space and parking lanes shall be landscaped and permeable.
      (2)    Perimeter Landscaping Requirements.
         A.    Parking lots shall have a perimeter buffer of a minimum of five feet with a vertical six-inch concrete curb on the parking lot side.
         B.    The perimeter buffer shall contain elements such as mounding, trees, ground cover and shrubs that will achieve an effective, continuous screen of a height of at least three feet at maturity. Mounding shall not exceed a 3 to 1 slope.
         C.    Perimeter landscaping shall also contain deciduous trees.
      (3)    Interior Landscape Requirements.
         A.    Minimum area. The minimum landscape area permitted shall be 112 square feet, with a minimum inside dimension width of seven feet.
         B.    Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, no individual landscape area shall be larger than 350 square feet in size in vehicular use areas less than 30,000 square feet and no  individual area shall be larger than 1,500 square feet in size in vehicular areas over 30,000 square feet. Individual landscape areas larger than that indicated above shall be permitted as long as the additional area is in excess of the required minimum total for the vehicular use area.
      (4)    Minimum Tree Specifications.
         A.    Two trees shall be installed for every 5,000 square feet of total ground covered by structures and pavement.
         B.    To retain visibility, deciduous trees shall have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with hardwood  mulch, shrubs, and/or ground cover, not to exceed two feet in height.
         C.    Trees shall be planted at least four feet from the edge of pavement where vehicles overhang.
         D.    Permitted trees to fulfill this requirement include those listed in the list of "Recommended Trees". Grouped ornamental and evergreen trees cannot be used to fulfill this requirement. The required number of trees may be placed in any landscaped area of sufficient size to support a mature tree specimen and shall meet the requirements defined in subsection (d) below.
      (5)   Vehicle overhang. Parked vehicles may hang over the interior landscaped area no more than two (2) feet. Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration into the landscaped area.
      (6)    Grass or ground cover.  Grass or ground cover shall be planted on all portions of the property not occupied by structures, vehicular use areas or other plant material.  Any form of mulch shall only define a landscaped area and shall not be permitted to be installed in lieu of grass or ground cover.
   (d)    Landscaping for Service Structures and Outside Storage. Service structures and outside storage areas shall be screened in all zoning districts. Service structures shall include but not be limited to: loading docks, propane tanks, dumpsters, electrical transformers, utility vaults and other equipment or elements providing service to a building or a site.  Structures may be grouped together; however, screening height shall be based upon the tallest of the structures.
      (1)    Location of Screening.  A continuous planting of evergreen, fence, wall or earthen mound must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be established on three sides and shall be at least one foot taller than the height of the enclosed structure, but shall not be required to exceed ten feet in height in any case. If the fourth side is visible from the public right-of-way, it shall be gated and screened. Gates, fencing or walls shall be maintained at a height of not less than four (4) feet and shall be constructed of similar materials to match or blend with the principal building in appearance and color.  Plant material used to screen a service structure shall be an evergreen species that retains its needles throughout the year. Deciduous plant material cannot be used to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds of the height of the service structure(s) or outside storage material and meet the height and one hundred percent (100%) opacity requirement within four years.
       (2)    Whenever a service structure is located next to a building, wall, or vehicular use area, the building, wall, or vehicular use screening material may fulfill the screening requirement for that side of the service structure if the building, wall, or screening material is of sufficient height to meet the height requirements set out in this section.
      (3)    Whenever service structures are screened by plant material, such material may count toward the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
      (4)    Protection of Screening.  Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a barrier shall be provided which will prevent damage to the screening when the container is moved or emptied. 
(Ord. 26-05.  Passed 1-23-06.)

1151.04 LANDSCAPE REQUIREMENTS MATRIX.

 



WHEN...


IS PROPOSED TO ABUT...
A MINIMUM LANDSCAPE REQUIREMENT OF...



PLANT MATERIAL
Any C-1 land use
Any public right-of-way or private street
A 5' landscape buffer strip extending along the full length of the frontage at the lot line within the required setback area is required with...
1.  1 unevenly spaced shade, small accent or ornamental tree for each 30' of frontage
AND
2.  1 unevenly spaced shrub for each 10' of frontage
Any C-3 or C-4 land use
Any public right-of-way of a US or State Route
A 25' landscape buffer strip extending along the full length of the frontage at the lot line within the required setback area.  At the discretion of the Planning Commission, the buffer strip shall contain earth mounding with a slope no greater than 3:1 horizontal to vertical with a generally flat crest
1 unevenly spaced shade or small accent or ornamental tree for each 30' of frontage and 1 unevenly spaced shrub for each 10' of frontage
Any C-3 or C-4 land use
Any public right of way other than a US or State Route or any private street
A 10' landscape buffer strip extending along the full length of the frontage at the lot line within the required setback area
1 unevenly spaced shade or small accent or ornamental tree for each 30' of frontage and 1 unevenly spaced shrub for each 10' of frontage
 



WHEN...


IS PROPOSED TO ABUT...
A MINIMUM LANDSCAPE REQUIREMENT OF...



PLANT MATERIAL
Any commercial land use
Any R district or the commercial property line is located within 75' of a residence
15' for a side yard and 20' for a rear yard buffer area required with...
EITHER
1.  1 shade tree @ 30' on-center and
2.  A double row 6' tall dense hedge.
OR
1.  6' solid wall, fence or earth mound
and
2.  3' tall dense hedge @ 3' on-center
and
3.  1 street tree @ 30' on-center.
OR
1.  A double row, staggered planting of evergreen trees, 15' on- center
Any manufacturing or industrial land use
Any R district or land use or public right-of- way
20' side and rear buffer yard is required with...
EITHER
1. 25' wide earthen berm; and
2.  A double row of staggered evergreen trees @ 15' on center
OR
1.  6' solid wall or fence; and
2.  3' tall dense hedge
FOR STORAGE YARDS
1.  6' solid wall or fence; and
2.  6' tall dense hedge if storage yard is in the front yard or parallel access drive
 



WHEN...


IS PROPOSED TO ABUT...
A MINIMUM LANDSCAPE REQUIREMENT OF...



PLANT MATERIAL
Any multi-family land use
Any R district or land use
15' side and rear buffer yard is required with...
EITHER
1.  1 shade tree @ 30' on-center and
2. A double row 6' dense hedge.
OR
1. 6' solid wall, fence or earth mound; and
2.  A 3' tall dense hedge.
OR
1.  A staggered, double row, planting of evergreen trees 15' on- center
Any institutional land use
Any R district or land use
15' side and rear buffer yard is required with...
EITHER
1.  A staggered, double row planting of evergreen trees @ 15' on-center and
2.  A single row 6' dense hedge
OR
1.  A 6' solid wall or fence; and
2.  1 shade tree @ 30' on-center
Any land use except single family and two family dwellings
The public right-of-way, public or private street
Planting within the tree lawn, between the curb and sidewalk or edge or pavement and sidewalk with...
1 shade tree @ 30' on- center
Any land use except single family and two family dwellings
The public right-of-way, public or private street;
10% of total front yard area must be landscaped with...
A combination of trees, shrubs, planting beds and/or perennials in a motif designed by the owner.  This is in addition to other required landscaping
 



WHEN...


IS PROPOSED TO ABUT...
A MINIMUM LANDSCAPE REQUIREMENT OF...



PLANT MATERIAL
A vehicular use area associated with any district or land use except single family residences
Any public or private street,
5' perimeter screening with...
EITHER
1.  1 shade tree @ 30' on-center; and
2.  shrubs @ 3' on- center.
OR
1.  1 accent tree @ 25' on-center (1 tree minimum); and
2.  shrubs @ 3' on- center.
A vehicular use area associated with any zone or land use except single family residences
Any R district or land use
20' side and rear buffer yard is required with...
EITHER
1.  1 shade tree @ 30' on-center and
2.  A double row 6' dense hedge
OR
1. 6' solid wall, fence or earth mound; and
2.  3' dense hedge 3' on- center; and
3.  1 shade tree @ 3' on- center
OR
1.  A double row, staggered planting of evergreen trees @ 15' on-center.
(Ord. 26-05.  Passed 1-23-06.)

1151.05 SPECIFICATIONS FOR PLANT MATERIAL.

   All plant material shall be nursery grown, installed, and maintained in accordance with good horticultural practices. Plant material shall meet current standards set by the Nursery and Landscape Association American Standard for Nursery Stock (ANSI Z60.1-2004) and shall be freshly dug, have uniform shape and be free of disease, insects and/or damage. Alternatives to these materials that can be shown to meet both the intent and requirements of this Zoning Code may be approved as part of a site plan:
   (a)    Ground Cover and Grass. Ground cover shall be planted a minimum of eight inches (8 in.) on center and shall be planted in such a manner to present a finished appearance and seventy-five percent (75%) coverage after one (1) complete growing season. Grass shall be planted in species normally used as turf grass. All landscape areas are required to be mulched with rocks, pebbles, wood chips or other materials to be approved as part of the landscape plan.
   (b)    Height.  Shall be at least 12 to 15 inches high at planting, and are generally used in conjunction with walls and fences.
   (c)    Shrubs. Shrubs shall be at least two (2) feet average height and spread at the time of planting, and a minimum size of three (3) feet height and spread at maturity, where required for screening, shall form a continuous, year-round, solid visual screen within five (5) years after planting. Shrubs should be creatively placed in groupings of odd numbers not less than three (3) plants.
   (d)    Trees. At the time of planting deciduous trees shall be 2 inch diameter for canopy shade and shade trees and 1-1/2 inch diameter for small accent and ornamental trees (as measured six inches above ground). Clump type species shall be a minimum of six (6) feet tall. Evergreen trees shall be a minimum of six and one-half (6.5) feet tall.
      (1)    Diversity. Along an individual street, uniform street tree plantings are desirable. However, over-use of a few species is inevitable without a conscious effort to vary plant species and families. The use of several varieties adds interest to the plantings of the City and insures against the loss of all trees in case of an epidemic disease striking any one species. The International Society of Arboriculture's "Diversification Formula" will be used as a guideline to prevent over planting of a single tree species or family. This formula states that, out of the total tree planting, no more than 10% should be from one family, and no more than 5% should be of one species. See "Recommended Trees” which follows.
      (2)   Hazards. Trees which produce nuts, seeds, or fruit that can create a hazard to pedestrians or vehicles, shall not be planted in such a manner that the natural drip line of an average adult tree of the species planted will be any closer than three feet (3 ft.) of a pedestrian walkway or parking lot.
      (3)    Recommended Trees. The Tree List approved for use within the City, as approved by the Waterville Tree Commission, is designed to encourage an imaginative selection of landscape trees. This list is divided into three size categories: large trees which mature at a height of 50 feet or more (Group A); medium trees reaching a mature height of between 30 and 50 feet (Group B); and small trees which range from 10 to 30 feet at maturity (Group C). Tree lawn sizes must accommodate the tree size planted:  Group A (>7 ft.), Group B (4-7 ft.), Group C (3-4 ft.). Other proposed species not contained in this list must be approved by the Planning Commission upon recommendation by the Waterville Tree Commission.
      (4)    Prohibited Tree Species. Trees identified by the Waterville Tree Commission as prohibited tree species shall not be used within any  required landscaping in the City.
   (e)    Maintenance and Replacement for Required Landscape Areas and Buffer Yards. All landscaping materials shall be installed in accordance with accepted, good  construction and planting procedures including removal of wire basket, pulling burlap back and staking for one year only. The owner/lessee or responsible party of the property shall be responsible for the continued property maintenance of all landscaping materials and areas, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times.
   All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the City to require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section. Proper maintenance should be accomplished by the following standards:
      (1)    All plant growth in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a hazard.
      (2)    All planted areas shall be maintained in a weed-free condition, clear of undesirable undergrowth, and free from refuse and debris.
      (3)    Replacement plants shall conform to the standards that govern the original installation. Dead or unhealthy plants shall be replaced within the next planting season.
      (4)    Representatives of the City may inspect landscaping and compare observed conditions with the approved landscaping plan on file.
         (Ord. 26-05.  Passed 1-23-06.)

1155.01 PURPOSE.

   The purpose of this chapter is to make this Zoning Ordinance flexible in relation to new development ideas and changing conditions by providing a means for considering and approving new developments which do not meet the exact requirements of this Zoning Ordinance, but which do meet the density and general use requirements of the Ordinance, and provide for meaningful open area permanently maintained for the benefit of the immediate community or public use. 
(Ord. 10-92.  Passed 10-26-92.)

1155.02 DEFINITION.

   A planned development is a tract of land of at least 10 acres and encompassing a variety of housing types and site layouts developed as a unit, and used strictly as an overlay to existing zoning.  The maximum number of dwelling units permitted shall not exceed the number of units without the planned unit development as determined by the zoning district, subdivision, or applicable requirements.
   A planned unit development shall be in the best interest of the City of Waterville and shall not adversely impact upon adjacent property or the public health, safety, and general welfare of the residents of the City of Waterville.
(Ord. 10-92.  Passed 10-26-92.)

1155.03 PROCEDURE.

   Applications for planned developments and the procedures for consideration and approval shall be the same as for other special uses in Chapter 1148.  Consideration by the Planning Commission shall require the following additional requirements:
   (a)   Development Plan - Preliminary.
      1.   Name, address, and phone number of the applicant.
      2.   Name, address, and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
      3.   Copy of certificate of title for the property showing the legal description of all properties either wholly or partially within the development.
      4.   Description of existing use of the property.
      5.   Zoning classification of the existing property.
      6.   A document showing the relationship of the development to the City Zoning Plan and to existing schools and other community facilities and services for the area.
      7.   Proposed schedule for the development of the site.
      8.   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.
      9.   A written statement by the developer setting forth the reasons why, in his opinion, the development would be in the public interest.
      10.   A preliminary drawing as herein defined with emphasis on lots, dwelling units, public utilities, public roads, etc.
      11.   A plan for storm drainage as herein defined.
      12.   Documents showing the general location and extent of present and proposed physical facilities including housing, dwelling units, industrial and commercial uses, streets, sidewalks, parks, wooded areas, schools, and other community facilities.
      13.   Specifies in writing the goals, objectives, and policies of the development.
      14.   The developer's landscape plans and how they blend with the existing landscape and topography.
      15.   A statement outlining the effects of the development on the landscape and on surrounding parcels.
      16.   Ten (10) copies shall be provided to the Municipal Administrator.
   (b)   Drawing - Preliminary.  The preliminary drawing shall be drawn at a scale not less than one hundred (100) feet to the inch and shall be on one or more sheets.  All sheets shall be numbered consecutively, dated, and signed by a registered surveyor.
   The preliminary drawing shall contain the following information:
      1.   Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City.
      2.   Location by section, range, and other surveys.
      3.   Names, addresses and phone numbers of the owner, subdivider, and professional engineer and registered surveyor who prepared the drawing and appropriate registration numbers and seals.
      4.   Date of survey.
      5.   Scale of the drawing, North point.
      6.   Boundaries of the subdivision and its acreage.
      7.   Names of adjacent subdivisions, owners of adjoining parcels of land, and the location of their boundary lines.
      8.   Locations, widths, and names of existing streets, railroad rights-of-way, easements, parks, permanent buildings, and corporation and City lines; location of wooded areas and other significant topographic and natural features within and adjacent to the development for a minimum distance of two hundred (200) feet.
      9.   Zoning classification of the tract and adjoining properties and a description of proposed zoning changes.
      10.   Existing contours at an interval of not greater than one (1) foot.
      11.   Existing sewers, water lines, gas lines, culverts and other underground structures, and power transmission poles and lines, within and adjacent to the tract.
      12.   Location, names and widths of proposed streets and easements.
      13.   Building setback lines within dimensions.
      14.   Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system. Location of proposed rights of ways, utility easements for water, sewer, drainage, electricity, telephone, natural gas and other utilities.
      15.   Layout, numbers, and approximate dimensions of each lot.  When a lot is located on a curved street or when side lot lines are not at ninety (90) degree angles, the width at the property line shall be shown.
      16.   Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.  Such parcels shall contain dimensions and be clearly marked.
      17.   A vicinity map at a scale of not less than two thousand (2,000) feet to the inch shall be shown on, or accompany, the preliminary drawing.  This map shall show all existing subdivisions, roads, and tract lines and the nearest existing thoroughfares.  It shall also show the most advantageous connections between the roads in the proposed subdivision and those of  the neighboring areas.
      18.   The perimeter legal description of the proposed development shall match the boundary survey of the subdivision.
      19.   Statement of proposed use of lots, giving type and number of dwelling units by lot number and type of business or industry.
      20.   Location and approximate dimensions of all existing buildings.
      21.   For commercial and industrial development, the location, dimensions, and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets, and the points of vehicular ingress and egress to the development.
      22.   Description of proposed covenants and restrictions.
      23.   In a letter accompanying the request for approval of the development, the applicant shall attach letters from the City Engineers, indicating the availability and capacity of existing utilities.
   (c)   Development Plan - Final.  The final development plan shall be in conformance with the preliminary development plan, however, it shall contain all changes, covenants, restrictions, etc. as required by any Agency, Commission, and/or Legislative body.  At a minimum the final development plan shall contain the following:
      1.   All the information required on the preliminary development plan; the location and survey sizes of lots, location and proposed density of dwelling units, non-residential building intensity; and land use considered suitable for adjacent properties.
      2.   A survey of the proposed development site, showing the dimensions and bearings of all the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
      3.   A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes, tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated non-residential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposed an exception from standard zoning districts or other ordinances (resolutions) governing development.
      4.   Engineering feasibility studies and plans showing water, sewer drainage, electricity, telephone, and gas installations; waste disposal facilities; street improvements and nature and extent of earth work required for site preparation and development.
      5.   Site plan, showing building(s), various functional use areas, circulation, and their relationship.
      6.   Building plans, including floor plans and exterior elevations.
      7.   Landscaping plans.
      8.   Deed Restrictions, protective covenants, and other legal statements or devices to be 'used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
      9.   Ten (10) copies of the final development plan shall be given to the Municipal Administrator.
      l0.   One (1) copy of the final development plan shall be recorded in the Lucas County Recorders Office and notification in writing of such filing shall be conveyed to the Municipal Zoning Inspector.
      11.   Zoning Approvals shall not be issued for any final development plan or subdivision requiring such a plan until the above stipulations and all subdivision regulations required in the Waterville Zoning Code have been complied with by the developer.
         (Ord. 10-92.  Passed 10-26-92.)

1155.04 EXCEPTIONS.

   (a)   Use Regulations.  The Planning Commission may recommend and Council may authorize, that there be in part of the area of a planned development and for the duration of the development, specified uses not permitted in the zoning district in which the development, is located, provided the following requirements are met:
      (1)   That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.
      (2)   That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding land uses.
   (b)   Bulk Regulations.  The Planning Commission may recommend and Council may authorize exceptions to the applicable bulk regulations concerning building height and required yards within the boundaries of such planned development, provided the Planning Commission and Council find:
      (1)   That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as of neighboring properties than would be obtained under the bulk regulations of this Zoning Ordinance for buildings developed on separate zoning lots.
      (2)   In residential planned developments, all habitable rooms shall receive adequate light and air.
      (3)   That along the periphery of such planned development yards shall be provided as required by the regulations of the district in which the development is located. 
(Ord. 10-92.  Passed 10-26-92.)

1155.05 DELAY IN CONSTRUCTION.

   In the event that construction of the project for which the Planned Development zoning is obtained is not started within two (2) years of the date of approval by Council, the zoning shall revert to the same zoning classification existing prior to approval of the Planned Development zoning, and the zoning regulations of such prior district shall thereupon be in full force and effect.  Notwithstanding the above extension of the period of time for commencement of construction may be extended upon application to Council and for good cause shown. 
(Ord. 10-92.  Passed 10-26-92.)

1155.06 DEVELOPMENT.

   When a parcel of land is rezoned to Planned Unit Development, development of the parcel shall follow the site plan as approved by Council.  No changes shall be made that do not conform to Chapter 1155 without the review and recommendation of the Planning Commission and the approval of Council. 
(Ord. 10-92.  Passed 10-26-92.)

1155.07 FEES FOR STAFF REVIEW AND APPROVAL.

   (a)   Each applicant who shall submit a preliminary development plan for a planned development shall pay the City of Waterville a fee as determined from time to time by Council for review of said preliminary development plan by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.
   (b)   Each applicant who shall submit a final development plan for a planned development shall pay the City of Waterville a fee as determined from time to time by Council for review of said final development plan by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.
   (c)   For the purpose of this section “staff” shall be defined as those employees and officials who read and study plans for determining compliance with Municipal regulations.  Said individuals may include, but are not limited to, the Municipal Administrator, Administrative Assistant(s), City Engineer, Fire Chief, Fire Inspector, Police Chief, Public Works Director, and any other individuals whose review may be deemed necessary by the Municipal Administrator.
   (d)   Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to issue zoning and occupancy permits.
(Ord. 46-05.  Passed 10-24-05.)

1157.01 STATEMENT OF PURPOSE.

   This Chapter establishes guidelines and procedures that foster the preservation of the distinctive character of Waterville's historic district by reaching the following objectives:
   (a)    To identify significant Historic Resources through an established Waterville Historic Building Inventory using Ohio Historic Inventory forms provided by the Ohio Historic Preservation office;
   (b)    To give each Historic Resource a measure of protection afforded by a thorough study of alternatives to incompatible exterior facade alteration or demolition before such acts are performed;
   (c)    To apply guidelines and procedures contained in this chapter so as to both preserve the distinctive character of Waterville's historic district, and to encourage adaptive use of vacant or underutilized historic resources;
   (d)    To insure the district compatibility of any and all construction of new infill structures;
   (e)    To insure the district compatibility of exterior facade alteration to public or private buildings that are not listed as Historic Resources on the Waterville Historic Building Inventory;
   (f)    To protect the property rights of owners of property within the historic district by stabilizing and improving property values and by facilitating reinvestment;
   (g)    To strengthen the economy of Waterville.
      (Ord. 07-06.  Passed 4-24-06.)

1157.02 DEFINITIONS.

   (a)    Alteration: Any exterior visual or material change to any building including a change in architectural feature or architectural period, design, texture, or material. ordinary maintenance to correct any deterioration or damage is excluded from this definition provided such work does not involve a change in design, texture, material or architectural feature. Any repainting of exterior surfaces is also excluded from this definition.
   (b)    Applicant: Any building owner or designated agent of the owner who applies for a Certificate of Appropriateness.
   (c)    Architectural Feature: Those elements that characterize an architectural style including, but not limited to windows, doors, porches, cornices, decorative trim, and exterior surface material.
   (d)    Certificate of Appropriateness: A certificate issued by the Historic District Commission indicating that a proposed alteration or demolition or infill new construction within the historic district is in accordance with provisions of the Historic District ordinance.
   (e)    Commission: For purposes of this chapter, "Commission" refers to the Historic District Commission.
   (f)    Council: refers to the Waterville City Council.
   (g)    Demolition: The razing or destruction, whether entirely or in part, of a building within the Historic District including demolition by neglect.
   (h)    Historic Overlay District: A clearly identified area, so designated by ordinance and not necessarily having contiguous boundaries, that contains a significant concentration of Historic Resources. 
      (Ord. 07-06.  Passed 4-24-06.)
   (i)    Historic District Commission: Persons duly appointed in accordance with Chapter 153 of the Waterville Administrative Code, and charged with carrying out the objectives of the Historic District ordinance.
      (Ord. 37-08.  Passed 11-10-08.)
   (j)    Historic Inventory: A list of Historic Resources identified by the Historic District Commission and kept at the Waterville Municipal Building for review by the public.
   (k)    Historic Resource: A publicly or privately owned building of significant historic value listed on an Historic Inventory and deserving protection.
   (l)    Historic Significance: Attributes of a building or district that possess integrity of location, design, materials, workmanship, and association with (1) events that have made a significant contribution to the broad patterns of our history, or (2) persons significant in our past, or (3) architectural characteristics of a type, period, or method of construction.
   (m)    Ordinary Maintenance: Includes the repair or replacement in kind of features, including but not limited to the roof, eaves, downspouts, siding, windows and doors, provided that it does not result in a change of material, texture or architectural feature. For the purposes of this chapter, sandblasting of masonry and chemical cleaning of masonry is not considered ordinary maintenance.
      (Ord. 07-06.  Passed 4-24-06.)

1157.03 ESTABLISHMENT OF THE WATERVILLE HISTORIC DISTRICT COMMISSION.

   (a)    All members shall be provided with a copy of, and be completely familiar with, the “United States Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 1995 edition, or as subsequently amended.  These copies shall remain the property of the City of Waterville and shall be returned to the City when a term has been fulfilled or a resignation is tendered.
   (b)   The Commission shall act in an advisory role to City departments, committees, commissions or boards where the action or inaction taken by the aforementioned entities may affect the preservation of Historic Resources.
   (c)   Preservation Reference Materials.
      (1)   The Commission shall maintain a library of preservation resources to be used by Commission members for the purpose of increasing their knowledge of architectural preservation and design.  These resources will also be made available to owners of an Historic Resource in the City of Waterville on a lending library basis with reasonable return due dates.
      (2)   In the interest of enhancing public confidence in the Certificate of Appropriateness application process, the Commission may recommend the inclusion of funds in the annual municipal budget for the maintenance of a library of preservation reference materials, for continuing education courses for Commission members, and for other preservation related activities. 
         (Ord. 37-08.  Passed 11-10-08.)

1157.04 DUTIES OF THE HISTORIC DISTRICT COMMISSION.

   The Commission is charged with the following duties:
   (a)   Maintain the Historic Resource Inventory and conduct a continuing exterior survey of all street facades of Historic Resources including photographs and condition surveys updated every ten (10) years and make this Inventory available for public inspection;
   (b)   Attend educational sessions when available, conduct self-guided study of available multimedia resources with particular attention to the “United States Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 1995 Edition or as subsequently amended, and share information with other Commission members in order to increase knowledge of preservation issues;
   (c)   Confer with technical experts as may be required to better evaluate an Historic Resource or render a judgment on a Certificate of Appropriateness;
   (d)   Review and act upon all applications for Certificates of Appropriateness following the guidelines of the “United States Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 1995 Edition or as subsequently amended;
   (e)   Work for the continuing education of the residents of the City, with respect to the architectural and historic heritage of the City and the Historic Resources and designated Historic District;
   (f)   On behalf of the City, act as a liaison to individuals and organizations regarding the protection of local historic resources;
   (g)   Act in an advisory role to City officials and department heads, Council commissions, committees, and boards regarding the protection of local historic resources;
   (h)   Act in an advisory role to City officials in the updating of the City’s Master Plan;
   (i)   Assist the City, business owners, and residents in the application for grants consistent with the objectives of this Ordinance;
   (j)   Recommend to City Council any additions or revisions to the Historic District Ordinance deemed necessary;
   (k)   Make recommendations to City Council for the inclusion of non-contiguous properties to the Historic Overlay District;
   (l)   Make recommendations regarding the following areas within the Historic District: paving, relocation/placement of streetlights, design and location of street furniture, design and location of business signage;
   (m)   Encourage and assist building owners with procedures for seeking National Register designation.
      (Ord. 07-06.  Passed 4-24-06.)

1157.05 PROCEDURES FOR THE IDENTIFICATION OF HISTORIC DISTRICT BOUNDARIES AND FOR THE IDENTIFICATION DESIGNATION, AND SURVEY REVIEW OF INDIVIDUAL HISTORIC RESOURCES WITHIN THE HISTORIC DISTRICT.

   (a)   Historic District Boundaries:
      (1)   The Council may by ordinance, upon the recommendation of the Commission, establish a Historic Overlay District or add property to the Historic Overlay District.  Properties in the Historic Overlay District need not be contiguous.  Section 1129.04 shall be followed relative to the adoption of an ordinance adding property to the Historic Overlay District.  The Historic Overlay District shall include all properties within the area described as follows:
         A.   Situated in the State of Ohio, County of Lucas, City of Waterville, said Historic Overlay District being more particularly bounded and described as follows:
Beginning at the intersection of the centerline of School Court and the Westerly bank of the Maumee River, said corner also being the true Point of Beginning;
Thence Westerly along the centerline of said School Court to a point, said point being the intersection of the centerline of said School Court and the centerline of South River Road;
Thence Southerly along the centerline of said South River Road to a point, said point being the intersection of the centerline of said South River Road and the centerline of South Street;
Thence Westerly along the centerline of said South Street to a point, said point being the intersection of the centerline of said South Street and the Easterly Right-of-Way line of Third-Second Alley;
Thence Southerly along the Easterly Right-of-Way line of said Third-Second Alley to a point, said point being the intersection of the Easterly Right-of-Way line of said Third-Second Alley and the Easterly extension of the Southerly property line of Tax Parcel Number 96-11171 (address 105 South Third Street), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200503250019957 in the Lucas County Recorder’s Office;
Thence Westerly along the Easterly extension of the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the Southeasterly corner of said Tax Parcel Number 96-11171;
Thence continuing Westerly along the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the Southwesterly corner of said Tax Parcel Number 96-11171;
Thence continuing Westerly along the Westerly extension of the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the intersection of the Westerly extension of the Southerly property line of said Tax Parcel Number 96-11171 and the centerline of South Third Street;
Thence Southerly along the centerline of South Third Street to a point, said point being the intersection of the centerline of said South Third Street and the centerline of Locust Street;
Thence Westerly along the centerline of said Locust Street to a point, said point being the intersection of the centerline of said Locust Street and the centerline of the Anthony Wayne Trail, also known as United States Route 24;
Thence Northeasterly along the centerline of said Anthony Wayne Trail to a point, said point being the intersection of the centerline of said Anthony Wayne Trail and the Easterly extension of the Southerly property line of Tax Parcel Number 96-11567 (address 405 Farnsworth Road - The Historic Society of Waterville Ohio), as shown by the Lucas County Auditor;
Thence Westerly along the Easterly extension of the Southerly property line of said Tax Parcel Number 96-11567 to a point, said point being the Southeasterly corner of said Tax Parcel Number 96-11567;
Thence continuing Westerly along the Southerly property line of said Tax Parcel Number 96-11567 to a point, said point being the Southwesterly corner of said Tax Parcel Number 96-11567;
Thence Northerly along a Westerly property line of said Tax Parcel Number 96- 11567 to a point, said point being an angle point of said Tax Parcel Number 96- 11567;
Thence Easterly along a Northerly property line of said Tax Parcel Number 96- 11567 to a point, said point being an angle point of said Tax Parcel Number 96- 11567;
Thence Northerly along a Westerly property line of said Tax Parcel Number 96- 11567 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-11567;
Thence continuing Northerly along the Northerly extension of the Westerly property line of said Tax Parcel Number 96-11567 to a point, said point being the intersection of the Northerly extension of the Westerly property line of said Tax Parcel Number 96-11567 and the centerline of Farnsworth Road, also known as State Route 64;
Thence Easterly along the centerline of said Farnsworth Road to a point, said point being the intersection of the centerline of said Farnsworth Road and the centerline of the Anthony Wayne Trail, also known as United States Route 24;
Thence Northeasterly along the centerline of said Anthony Wayne Trail to a point, said point being the intersection of the centerline of said Anthony Wayne Trail and the centerline of North Street;
Thence Easterly along the centerline of said North Street to a point, said point being the intersection of the centerline of said North Street and the centerline of North Second Street;
Thence Southerly along the centerline of said North Second Street to a point, said point being the intersection of the centerline of said North Second Street and the Westerly extension of the Northerly property line of Tax Parcel Number 96-10637 (address 122 Mechanic Street), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200509160069232 in the Lucas County Recorder’s Office;
Thence Easterly along the Westerly extension of the Northerly property line of said Tax Parcel Number 96-10637 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-10637;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10637 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10637, said point also being the Northwesterly corner of Tax Parcel Number 96-10641 (address 114 Mechanic Street), as shown by the Lucas County Auditor;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10641 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10641, said point also being on the Westerly Right-of- Way line of Second-River Alley;
Thence Northerly along the Westerly Right-of-Way line of said Second-River Alley to a point, said point being the intersection of the Westerly Right-of-Way line of said Second-River Alley and the Westerly extension of the Northerly property line of Tax Parcel Number 96-10251 (address 103 North River Road), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200407160058444 in the Lucas County Recorder’s Office;
Thence Easterly along the Westerly extension of the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-10251;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10251;
Thence continuing Easterly along the Easterly extension of the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the intersection of the Easterly extension of the Northerly property line of said Tax Parcel Number 96-10251 and the centerline of North River Road;
Thence Southerly along the centerline of said North River Road to a point, said point being the intersection of the centerline of said North River Road and the centerline of Mechanic Street, also known as State Route 64;
Thence Easterly along the centerline of said Mechanic Street to a point, said point being the intersection of the centerline of said Mechanic Street and the Easterly Right-of-Way line of River-Water Alley;
Thence Southerly along the Easterly Right-of-Way line of said River-Water Alley to a point, said point being the intersection of the Easterly Right-of-Way line of said River-Water Alley and the centerline of School Place;
Thence Easterly along the centerline of said School Place to a point, said point being the intersection of the centerline of said School Place and the Westerly bank of the Maumee River;
Thence Southerly along the Westerly bank of the Maumee River to the Point of Beginning.
(Ord. 07-06.  Passed 4-24-06.)
 
         B.   The property known as 11 North Fourth Street, Tax Parcel Number 96-12021. 
            (Ord. 08-08.  Passed 5-12-08.)
      (2)   Within a reasonable time of the establishment of the Historic Overlay District, the Municipal Administrator shall notify the owner of each property within the District of the establishment of the District.  After this initial notification, whenever the City gains knowledge of the transfer of ownership of a property within the Historic Overlay District, the Municipal Administrator shall notify the new owner that their property is within the District.  The notice shall be sent to the address of the owner as it appears on the current tax list of the Lucas County Auditor or the mailing list of the Lucas County Treasurer.  Failure of the City to notify a property owner shall not absolve the owner from adhering to any provision of this Chapter.  (Ord. 07-06.  Passed 4-24-06.)
         C.   The properties known as 114 and 118 South River Road, Tax Parcel Numbers 96-10451 and 96-10457.
            (Ord. 24-13.  Passed 9-28-13.)
   (b)   Individual Historic Resources
      (1)   The designation of Historic Resource may be given to any building within the Historic District that is fifty years or older, that possesses integrity of design, materials, and workmanship, and that meets at least one of the following three criteria:
         A.   It has value as a site of historic events that have made a significant contribution to the broad patterns of history in the Waterville area;
         B.   It has value as a site identified with a person or persons who significantly contributed to the culture and development of the Waterville area;
         C.   It has value as a site characterized by a distinctive architectural style, embodying elements of architectural design, detail, materials, or craftsmanship.
      (2)   The Commission, on its own or at the request of a building owner, may recommend to Council that the designation of “Historic Resource” be assigned to each building within the Historic Overlay District that meets the above criteria.  When necessary, the Commission may also recommend that a current designation of “Historic Resource” be rescinded.  Council may act upon such recommendations of the Commission by resolution.
      (3)   Each Historic Resource shall be documented in the Historic Resource Inventory.  This inventory shall consist of a completed Ohio Historic Inventory form and a Façade Condition Survey form with a recent photograph.  A copy of this inventory shall be kept in the Municipal Building and be available for review by the public.
         (Ord. 07-06.  Passed 4-24-06.)

1157.06 HISTORIC DISTRICT REVIEW PROCEDURE.

   (a)   Certificate of Appropriateness Required. 
      (1)   No construction, reconstruction, demolition, alteration, replacement, or modification of an exterior wall or architectural feature of any building or structure or installation or visible changes to fences, signs, or other visible exterior improvements in a Historic District shall be undertaken prior to obtaining a Certificate of Appropriateness from the Historic District Commission.  Other visible exterior improvements may include elements such as shutters, awnings, balconies, and television satellite dishes. 
      (2)   A Certificate of Appropriateness is not required to paint an existing principal or accessory structure, architectural feature, or other visible exterior improvement.
      (3)   A Certificate of Appropriateness is not required to erect Temporary Event Signs or Special Business Event Banners as provided in Section 1315.09(b) and (c) of the Sign Code.  Sign permits are required for such signs and banners as specified in the Sign Code.
         (Ord. 37-09.  Passed 12-14-09.)
   (b)   Application Requirements.  A request for a Certificate of Appropriateness shall be accompanied by such plans, specifications, and other material as the Commission may prescribe.  Applications for a Certificate of Appropriateness may be made by the owner of the subject property, or by his or her duly authorized Agent or representative.
   (c)   Notice of Administrative Hearing
      (1)   A request for a Certificate of Appropriateness received by the Municipal Administrator shall be forwarded to the Commission Members as soon as possible.
      (2)   The Municipal Administrator shall notify the applicant and the contiguous property owners at least ten days in advance of the date the Commission is to convene to review the request.
   (d)   Administrative Hearing.  Upon convening to review the request, the Commission shall make every effort to render a decision to issue or deny the request within 30 days after the application was first considered at a regular or special meeting.
   (e)   Decision by the Commission
      (1)   If the Commission determines that the proposed activity will have no adverse effect on an Historic Resource or any portion of the Historic Overlay District and does not violate the spirit and purpose of this Ordinance, the Commission shall issue the Certificate of Appropriateness.
         A.   The Certificate of Appropriateness may include conditions placed upon the approval regarding the proposed activity.  Such conditions shall be made part of any subsequent zoning approval, and may include those limitations on the size, shape or materials proposed to be used in constructing or installing the proposed improvements, that are necessary to maintain the historic significance of the property.
         B.   When a Certificate of Appropriateness is issued for demolition, the applicant shall receive a copy of the section of this Ordinance covering new in-fill construction in the Historic Overlay District.
         C.   A Certificate of Appropriateness is valid for one year from the date of approval.
         D.   Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other City zoning regulations and Lucas County building regulations.
      (2)   In the event that the Commission determines that a Certificate of Appropriateness shall not be issued, it shall state in its record of proceedings reasons for such a determination and may include recommendations regarding the proposed construction activity.
         A.   If the Certificate of Appropriateness is denied, the applicant shall be notified in writing the reasons for denial, and recommendation if any;
         B.   The applicant who has been denied a Certificate of Appropriateness shall be provided a copy of the sections of this Chapter covering enforcement provisions, penalties, and procedures for appeal.
            (Ord. 07-06.  Passed 4-24-06.)

1157.07 STANDARDS FOR REVIEW.

   Upon the receipt of a request for a Certificate of Appropriateness, the Commission shall determine if an Historic Resource on the site will be affected.
   (a)   Historic Resource Properties.  In the event the application involves property containing a designated Historic Resource, the Commission shall determine appropriateness by referring to the current edition of the Secretary of the Interior’s Standards for Rehabilitation, as originally published in 1977 and revised in 1990 as part of the Department of the Interior Regulations (36 CFR Part 67, Historic Preservation Certifications).  The Commission shall consider all of the following:
      (1)   The historic or architectural value and significance of the resource;
      (2)   The relationship of any architectural features of the resource to the rest of the resource and the surrounding area;
      (3)   The general compatibility of the design, arrangement, texture and material proposed to be used;
      (4)   Other factors, such as aesthetic value and cost, that the Commission finds relevant;
   (b)   Properties Not Designated as Historic Resource Properties.  Upon the receipt of a request for a Certificate of Appropriateness involving property which does not contain a designated Historic Resource, the Commission shall determine appropriateness by whether the proposed activity will have an affect on the historic character and visual integrity of the Historic Overlay District.
   (c)   New Construction.  New construction is a completely new freestanding structure or an addition to an existing structure.  In addition to meeting the requirements of the City Zoning Code, new construction in the Historic Overlay District shall not adversely affect the historic character and visual integrity of the district.  All provisions of this Ordinance shall apply to new construction.
   (d)   Demolition Applications.  When the receipt of a request for a Certificate of Appropriateness is for demolition, the Commission shall determine if the building has the potential for future designation as a Historic Resource.  If so, every effort shall be expended to undertake meaningful discussion with the applicant to find a means of preserving the property.
   Provided, however, upon the determination of the Fire Chief or the Municipal Administrator, a Certificate of Appropriateness may be issued by either of them to demolish a structure where the public health and safety are in immediate danger if the demolition is not permitted. 
(Ord. 07-06.  Passed 4-24-06.)

1157.08 EMERGENCY REPAIRS.

   Nothing in this chapter shall prevent a property owner from making emergency repairs to the exterior of his or her property where such repairs are:
   (a)   Not caused by the neglect of the property owner, and
   (b)   Such repairs are necessary for the preservation of the structure.
      (Ord. 07-06.  Passed 4-24-06.)

1157.09 PROCEDURES FOR APPEAL.

   An applicant who has been denied a Certificate of Appropriateness by the Historic District Commission may appeal the decision to City Council.  Any such appeal shall be made within thirty (30) days after the denial of the Certificate.  When considering an appeal, Council shall refer to the written guidelines adopted by the Commission and the entire record before the Commission.  Council may request additional information from the Commission and/or from the applicant.  Council may affirm, reverse, or modify the Commission's decision.  If Council affirms the decision, the denial of the Certificate will stand.  If Council reverses or modifies the decision of the Commission, it shall state the reasons for the reversal or modification.
(Ord. 07-06.  Passed 4-24-06.)

1157.10 ENFORCEMENT PROVISIONS AND PENALTIES.

   The provisions of this Chapter shall be in addition to all other Waterville Zoning Codes.
   Whoever violates any of the provisions of this Chapter, or fails to comply therewith or with any of the requirements thereof, or erects or alters or commences to erect or alter any structure in violation of this ordinance shall be guilty of a minor misdemeanor.  A separate offence shall be deemed committed each day during or on which a violation occurs or continues.  The owner of the lot or structure where anything is in violation of this ordinance is placed or permitted to exist, and any architect, builder, contractor, agent, or other person employed in connection with such violation and who have assisted in the commission of such violation, shall be deemed guilty of a separate offense and shall be subject to the penalty herein provided. 
(Ord. 07-06.  Passed 4-24-06.)

1157.11 SEVERABILITY.

   If any provision of this Chapter or the application thereof is held invalid, such invalidity shall not affect other provisions or application of this Chapter which can be given effect without the invalid provision or application and to this end the provisions of this Chapter are hereby declared severable.
(Ord. 07-06.  Passed 4-24-06.)

1159.01 GENERAL PROVISIONS.

   (a)   There is hereby established a Board of Zoning and Building Appeals as provided in Section 7.03 of the Charter.
   (b)   All requests for a permit shall be submitted to the issuing authority in writing.
   (c)   Written appeals shall be made to the Board within twenty (20) days after refusal of the Municipal staff to issue a permit.  Appeals shall specify the grounds thereof, setting forth the material subject matter sufficiently to identify the matters involved in the appeal.
   (d)   The Board shall hold a public hearing on each appeal and shall send a notice of the public hearing to the appellant and to all property owners contiguous to the property that is the subject of the appeal not less than ten (10) calendar days in advance of the date of the public hearing.  The notice shall be sent to the addresses of the contiguous property owners as they appear on the current tax list of the Lucas County Auditor or the mailing list of the Lucas  County Treasurer.
   (e)   Each appeal received by the Board of Zoning and Building Appeals shall be acted upon within thirty (30) days of the initial receipt of the appeal by the Municipality.  Failure of the Board to act within such period of time may at any time thereafter be construed by the appellant as denial thereof, for purposes of further appeal.
(Ord. 02-08.  Passed 3-10-08.)
   (f)   The Board may adopt, amend and enforce such rules and regulations as it may deem necessary or desirable to carry on its functions and provide for the enforcement of the resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning and building in the Municipality in accordance with the purpose and intent hereof. 
(Ord. 28-08.  Passed 9-8-08.)

1159.02 JURISDICTION.

   (a)   The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Zoning Code, but does have power to act on those matters submitted by a party in interest by written application to the Board, where this Zoning Code provides for an administrative review, interpretation or exception and to authorize a variance as defined in this chapter and the laws of the State of Ohio.  Such powers include:
   (a)   Administrative Review.  To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Inspector or any other administrative official in carrying out or enforcing any provision of this Zoning Code.
   (b)   Zoning Exceptions.  To hear and to decide, in accordance with the provisions of this Zoning Code, requests for exceptions, interpretations of the Zoning Map and other situations on which this Zoning Code specifically authorizes passage by the Board.  Any exception permit shall be subject to such conditions as the Board may require to preserve and to promote the character of the zoning district in question and otherwise to promote the purposes of this Zoning Code.  Exception permits may be issued in the following instances:
      (1)   To vary the side, front and rear yards no more than fifty percent (50%) of the required setbacks where there are unusual and practical difficulties in meeting the required setbacks due to the irregular shape of a lot or topographical or other conditions, provided such variations will not detrimentally affect any adjoining property or the general welfare.
      (2)   To permit accessory buildings and swimming pools in a required side yard, provided such location will not detrimentally affect any adjoining property or the general welfare.
   (c)   Hardship Variances.
      (1)   To authorize, upon an appeal, a variance from the strict application of the provisions of this Zoning Code in the following instances:
         A.   To permit a temporary building in a residence district for commerce or industry that is incidental to the residential development, such permit to be issued for a period of not more than one year, subject to renewal by the Board upon proper application.
         B.   To permit the reconstruction, within twelve months, of a building located in a district restricted against its use which has been destroyed by fire or calamity to the extent of not more than seventy- five percent (75%) of its assessed value.
         C.   To permit the extension of a use district for a distance of not more than twenty-five feet, where the boundary line of a district divides a parcel of land.
         D.   To permit the erection and use of a building or the use of premises in a location to a public service corporation or for a public utility purpose which the Board finds reasonably necessary for the public convenience or welfare.
         E.   To waive or to reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship on the use of the lot, as contrasted with merely granting an advantage or a convenience.
         F.   To permit lots that were of record at the time of the passage of the Zoning requirements or of a redistricting amendment thereof and which contain less area or less width than the dimensional standards of the dwelling district in which they are located, to be used for single-family dwellings and to vary the side yard regulations for such lots, but only when the owner or owners of such lots furnish substantial proof of the inability to acquire or to acquire at a reasonable price, additional land adjoining the lot which would be necessary to provide the required lot area and width.  (Ord. 28-08.  Passed 9-8-08.)
         G.   To permit a variation in the minimum lot area, front, side and rear setback lines, height, stories and minimum floor area of any district when there are substantial practical difficulties in implementing the provisions of this Zoning Code.
            (Ord. 02-13. Passed 2-11-13.)
      (2)   The Board shall have no power to allow a change of use to one not permitted in the district.
      (3)   In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed use as it may deem reasonable in furtherance of the purposes of this Zoning Code.  Such appeals may be taken after initial application to the Zoning Inspector for a permit or, where it is apparent that such would be vain and useless, may be made by initial application to the Board.  In either event, the procedural provisions of this chapter shall apply and be followed.  The Board shall grant such hardship variance only if the Board finds that all of the following conditions exist:
         A.   The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity.
         B.   The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.
         C.   The condition from which relief or a variance is sought did not result from action by the applicant.
         D.   The authorizing of a variance will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets; increase the danger of fire or imperil the public safety; or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, convenience, or general welfare of the inhabitants of the Municipality.
            (Ord. 28-08.  Passed 9-8-08.)

1159.03 APPEALS.

   Those aggrieved by the decision of the Board of Zoning and Building Appeals may appeal such decision to the Lucas County Court of Common Pleas as provided in Ohio R.C. Chapter 2506.

1159.04 FORM AND SCOPE OF DECISIONS.

   In exercising the powers conferred on it, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the Zoning Inspector or Municipal Administrator charged by the zoning and building codes with enforcement.  The concurring affirmative vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or Municipal Administrator, or to decide in favor of the applicant in any matter of which it has jurisdiction.  The Board may, on the affirmative vote of three members, reconsider any decision made and, on such consideration, render a decision by formal resolution.  Every decision of the Board shall be based on a finding of fact from evidence contained in the record on appeal, together with such other testimony as may be adduced at a hearing of the Board, which finding of fact shall be reduced to writing and preserved among its records. 
(1980 Code 32.13)