(a)

In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of three thousand (3,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry cleaning or other uses similarly requiring receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one (1) off-street loading space for each ten thousand (10,000) square feet or major fraction thereof, of gross floor area so used in excess of ten thousand (10,000) square feet.

(b)

Each loading space shall be not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height.

(c)

No such loading space shall be located closer than fifty (50) feet to any other lot in any "R" District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six (6) feet in height.

(Ord. 22-089. Passed 12-5-22.)

(a)

General Requirements. In all districts, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:

(1)

A.

Each off-street parking space shall have an area of not less than one hundred sixty (160) square feet exclusive of access drives or aisles, and shall be graded for proper drainage and improved so as to provide a durable and dust free surface with an asphaltic or portland cement binder pavement. Except that in the case of dwellings, no parking area provided hereunder shall be less than one thousand (1,000) square feet in area.

B.

There shall be only one curb cut (driveway) on any residential lot, with the exception of corner lots where there may be one curb cut per intersecting street.

(2)

There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight (8) feet in width in the case of a dwelling and not less than eighteen (18) feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but, except where provided in connection with a use permitted in an "R" district, such easement of access or access drive shall not be located in any "R" district.

(b)

Number of Spaces to Be Provided. In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided in Section 1133.03) off-street parking spaces in accordance with the following requirements:

* Handicap Parking   See ADA requirements.

(c)

Rules Governing the Determination of the Number of Spaces. In computing the number of spaces required in subsection (b) hereof, the following rules shall govern:

(1)

"Floor area" shall mean the gross floor area of the specified use.

(2)

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(3)

The parking spaces requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(4)

Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

(Ord. 22-089. Passed 12-5-22.)

(a)

The parking of a disabled vehicle (see Ohio R.C. 4513.60) within a residential district for a period of more than one week shall be prohibited; except that such vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.

(b)

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other non-residential building served.

(c)

Not more than fifty percent (50%) of the parking spaces required for:

(1)

Theaters, bowling alleys, dance halls, nightclubs or cafes, for a church or school auditorium, may be provided and used jointly by

(2)

Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsection (c)(1) hereof; provided, however, that written agreement thereto is properly executed and filed as specified in subsection (d) hereof.

(d)

In any case where the required parking spaces are not located on the same lot with the building or use being served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the Law Director and executed by the Council and shall be filed with the application for a building permit.

(Ord. 22-089. Passed 12-5-22.)

Every parcel of land hereafter used as a public, commercial or private parking area shall be developed and maintained in accordance with the following requirements:

(a)

Screening and Landscaping. Off-street parking areas for more than five (5) vehicles shall be effectively screened on each side, which adjoins or faces premises situated in any "R" district, or institutional premises, by a masonry wall or solid fence of acceptable design. Such wall or fence shall be not less than four (4) feet or more than six (6) feet in height and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any "R" district shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. In lieu of such wall, or fence, a strip of land not less than fifteen (15) feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height, may be substituted.

(b)

Minimum Distances and Setbacks. No part of any parking area for more than five (5) vehicles shall be closer than ten (10) feet to an adjoining lot, unless screened by an unpierced masonry wall of acceptable design. If on the same lot with a main building, the parking area shall not be located within the front yard or side yard required for such a building. In no case shall any part of a parking area be closer than five (5) feet to any established street or alley right-of-way. The wall or hedge required in subsection (a) hereof shall be set back from each street the same as if it were a building wall, so as to observe the front yard and side street side yard requirements of this Ordinance.

(c)

Surfacing. Any off-street parking area shall be graded for proper drainage and surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dustless surface, and shall be so arranged and marked as to provide for orderly and safe parking and storage of self-propelled vehicles.

(d)

Lighting. Any lighting used to illuminate any off-street parking area shall be arranged so as to reflect the light away from adjoining premises in any "R" district.

(Ord. 22-089. Passed 12-5-22.)

(a)

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical, radiation or other disturbance; flare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises provided that any use permitted or not expressly prohibited by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits and tolerances at the following points of observation:

(1)

In any "R" district and "B-l" and "B-2" districts, twenty-five (25) feet from the establishment of use, or at the lot line if closer to the establishment of use.

(2)

In "M" districts: at the boundary or boundaries of the district, or at any point within an adjacent "R" district.

(b)

The Zoning and Code Enforcement Inspector, prior to the issuance of a zoning certificate, shall require submission of statements and plans indicating the manner in which dangerous or objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits or tolerances.

(Ord. 22-089. Passed 12-5-22.)

(a)

Utility Trailers, Motor Homes, Boats, Boat Trailers, Vacation Trailers (Campers, Car Trailers, Trailer of any type) and Trucks larger than Vans and Pick-Ups must be stored back of the front setback line and a minimum of three (3) feet from the property line.

(b)

Motels or Motor Hotels shall comply with the sanitary regulations prescribed by the County Health Authorities, the regulations of the Building Code and as may otherwise be required by law and in addition shall comply with the following regulations:

(1)

Any lot to be used for a motel shall not be less than two (2) acres in area and shall contain not less than two thousand (2,000) square feet of lot area per sleeping unit. All buildings and structures shall be a distance at least fifty (50) feet from a rear lot line and at least twenty-five (25) feet from the front and side lot lines. The buildings and structures on the lot shall not occupy in the aggregate more than twenty-five percent (25%) of the area of the lot.

(2)

All areas not used for access, parking circulation, building and services shall be completely and permanently landscaped and the entire site maintained in good condition.

(Ord. 22-089. Passed 12-5-22.)

The Planning and Zoning Commission finds that the types of vehicles that are parked or stored, the location on a particular site of such parking or storage, and the condition of the vehicles, which are parked or stored have a direct effect on the health, safety and general welfare of the residents of the Village. The Planning and Zoning Commission finds that the improper or inappropriate storage or parking of vehicles can be unsafe, unsanitary and unsightly, and that such conditions constitute a blight on surrounding properties. The Planning and Zoning Commission further finds that in order to prevent such blight, stabilize the value of surrounding properties, and minimize threats to the public safety and general welfare of the residents of the Village, the Planning and Zoning Commission hereby deems it necessary to regulate the manner in which vehicles are parked and stored, the types of vehicles that are parked or stored, and the location of such parking or storage.

(a)

Recreational Vehicles.

(1)

Recreational vehicles that are affected. Any travel trailer or other vehicular portable structure designed to be used as a temporary occupancy for travel or recreational use. For example, any motor home, truck trailer, animal trailer, trailer used for transporting recreational vehicles, any type 3-4 wheeled sport racing vehicle, boat, boat trailer, raft, aircraft, dune buggy, snowmobile, jet ski, all-terrain vehicle and vehicle dollies are included.

(2)

Recreation vehicles that are not affected. Motorized coaches and slide-in campers on pick up trucks which do not exceed seven feet in height or twenty feet in length. Camper shells on pickup trucks, pop-up campers and motorcycles.

Any recreational vehicle may be parked in a driveway for the sole and express purpose of loading and unloading, cleaning for a period not exceeding seventy-two hours in any seven consecutive day period.

(3)

Repairs. No major mechanical overhaul or repairs shall be performed on recreational vehicles unless conducted behind the front (building) setback line.

(4)

Setbacks.

A.

No parking or storage of a recreational vehicle is permitted in the front (building) setback line.

B.

A three foot side yard setback is required on a residential lot.

C.

A five foot rear yard setback is required on a residential lot.

D.

No parking or storage of a recreational vehicle shall be permitted in a side yard adjacent to a public street.

E.

No recreational vehicle shall be permitted within any yard area on a corner lot, which will impede vision between a height of two and one-half feet and eight feet above the centerline grades of the intersecting streets within twenty feet of the street intersecting right-of-way lines.

Neither the recreational vehicle nor any attachments thereto, including hitches or other equipment may extend over the sidewalk or in any part of the right-of-way.

No recreational vehicle, which is in a state of visible disrepair, shall be parked or stored in a residential district.

No recreational vehicle may impede safe entry to or exit from any house and does not inhabit emergency access to and from any structure.

(5)

Paved surface. Off-street parking areas, including driveways and service areas, are to be paved with a hard-surface of Portland cement concrete, asphalt concrete, clay or concrete pavers tightly laid over a compacted aggregate base or a pavement treatment equivalent to that described.

(6)

Vehicles as living quarters. No vehicle, motor home, camper, pickup camper, recreational vehicle or similar item shall be used as living quarters within the Village. Occupancy of recreational vehicles is permitted on a public street, or on any lot, during an officially declared state of emergency.

(7)

Variances.

A.

Planning and Zoning Commission. All variances shall be decided by the Planning and Zoning Commission.

B.

Variance Not Transferable; Exception. Each variance shall be limited and restricted to that stated person, vehicle and property location and may not be transferred to any other person, or be used for any other vehicle or property location; however, a variance may be transferred to another vehicle provided such vehicle is not longer, wider, taller, or older than the vehicle for which the variance was initially granted.

C.

Revocation of Variance. Each variance granted may be revoked by the Planning and Zoning Commission for failure of the recipient to comply fully and continually with the stated conditions or for any violation of the provisions of this regulation.

(b)

Commercial Vehicles. No commercial vehicle bearing a class designation other than A or B shall be parked or stored in a residential district.

A school bus is considered a Class A passenger vehicle.

The outdoor parking or storage of commercial vehicles, including truck tractors and semi-trailers, is prohibited in R-1, R-2, R-3 and R-5 residential districts, provided however, that this restriction shall not be deemed to prevent temporary location of any such vehicle in said districts when engaged in delivery, pickup or service to the premises where located.

(c)

Abandoned/Inoperable Vehicle Regulations. Abandoned vehicles, inoperable or in a state of disrepair for more than seven days, are not permitted on public/private property. This includes vehicles in a state of major disrepair or one being stripped or dismantled. Major repair or vehicle bodywork on vehicles can be performed in enclosed spaces suitable for these purposes, but not outdoors.

It shall be unlawful to leave on any lot in the Village, any trailer, semi-trailer, truck, automobile or major parts thereof, which vehicle or parts thereof are not licensed by the State of Ohio for the current year.

(Ord. 22-089. Passed 12-5-22.)

(a)

General Provisions.

(1)

The owner of a tract of land located in any district at or near a proposed shopping center which is shown on the official Zoning Map, containing not less than ten (10) acres, may submit to the Planning and Zoning Commission for its review a preliminary plan for the use and development of such tract of land for an integrated shopping center. The Planning and Zoning Commission shall review the proposal and make recommendations on it to the Council.

(2)

In accepting such plan for review the Planning and Zoning Commission must be satisfied that the proponents of the community shopping center are financially able to carry out the proposed project, that they intend to start construction within one (1) year of the approval of the project and necessary change in zoning and intend to complete it within a reasonable time as determined by the Planning and Zoning Commission.

(b)

Locations, Size and Character of Development.

(1)

The need for the proposed development has been demonstrated by means of market studies and such other evidence as the Planning and Zoning Commission may require.

(2)

The proposed shopping center is located so that reasonably direct traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed center or where congestion will be alleviated by presently projected improvement of access thoroughfares.

(3)

The plan provides for a shopping center consisting of one (1) or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, which will fit harmoniously into and will have no adverse effects upon the adjoining or surrounding development.

(c)

Permitted Uses. The uses permitted in an integrated community shopping center shall be the kinds of uses permitted in the "B-3" district.

(d)

Regulations. The following regulations shall apply to a community shopping center:

(1)

Building heights. No building shall exceed three (3) stories or forty-five (45) feet in height, except as modified by Section 1137.02.

(2)

Yards. No building shall be less than sixty (60) feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any "R" district by a solid wall or compact evergreen hedge at least six (6) feet in height. Such wall or hedge shall be placed at least five (5) feet from the property line.

(3)

Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate twenty-five percent (25%) of the total area of the lot or tract.

(4)

Customer parking space. Notwithstanding any other requirements of this Ordinance, there shall be provided one (1) off-street parking for each one hundred (100) square feet of floor space, not including basement storage space.

(5)

Loading space. Notwithstanding any other requirements of this Ordinance, there shall be provided one (1) off-street loading or unloading space for each ten thousand (10,000) square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third (1/3) of the spaces required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.

(6)

Access drives and illumination of parking areas. Access drives and illumination of parking areas shall conform to the requirements of Section 1133.04.

(7)

Signs. Each center shall be permitted two (2) free-standing signs not over thirty (30) feet in height, having a maximum total area of one hundred (100) square feet and located no closer than ten (10) feet to any street line and not closer than one hundred (100) feet to the adjoining lot line. A single identification pylon or similar structure of a height in excess of thirty (30) feet and in harmony with the design of the building shall be permitted. All signs within the center shall be controlled by written agreement between the owner and tenants of the center, or otherwise, to avoid excessive advertising and ensure harmonious appearance to the center as a whole. All signs shall conform to the distance requirements from property lines for the buildings in the center.

(e)

Submission and Approval of Final Development Plan.

(1)

Upon determination by the Planning and Zoning Commission that the proposed community shopping center, as shown by the preliminary plan, appears to conform to the requirements of this Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Planning and Zoning Commission.

(2)

If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Ordinance, the Planning and Zoning Commission shall hold a public hearing and submit said plan with its report and recommendations, to Council, which shall hold a public hearing on the development planned.

(3)

Following a public hearing, the Council may modify the plan, consistent with the intent and meaning of this Ordinance.

(4)

After the final development plan has been approved by the Council and is carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this Ordinance, such adjustments or rearrangements may be authorized by the Council.

(Ord. 22-089. Passed 12-5-22.)

(a)

Intent. In recognition of the container port industry, the purposes of these regulations are as follows:

(1)

Accommodate the need for container port facilities while regulating their location and number within the municipality of West Jefferson.

(2)

Minimize adverse visual effects of "Container Port Depots" through proper site selection, design and screening.

(3)

Avoid potential dangers of storing in such a manner that would prevent proper access by fire fighting apparatus and the potential toppling of containers due to improper stacking.

(b)

Use Regulation. The following use regulations shall apply to container port depots and other similar uses.

(1)

A proposed newly constructed or newly established depot may not be nearer than one thousand feet (1,000 feet) from the nearest existing Container Port Depot, and at least one thousand feet (1,000 feet) from the nearest interstate highway. In addition, a CPD must be at least one thousand (1,000) feet from any residential or non-residential use, which would be adversely affected by the establishment of such use. (Note: The Planning and Zoning Commission shall determine those uses that would be affected.) Container Port Depots will be considered as a permitted use in Chapter 1119, M-2 Industrial zoning classification within the Village of West Jefferson.

(2)

Yard storage. A yard storage layout and the maximum height of such storage shall be submitted to the Jefferson Township Fire Department for approval to assure safety of and access to all parts of the facility. Containers shall not be stacked taller than twenty feet (20 feet) in height measured from the adjoining grade and a maximum of a single container row width with a minimum aisle on either side of eighteen feet (18 feet). Additionally all containers shall be stored on paved surfaces.

(3)

Setback. If open yard storage of containers is proposed, the setbacks for such containers shall be as follows:

Front yard: 50 feet

Side yard: 25 feet

Rear yard: 50 feet

(4)

Landscaping (buffering). The Village of West Jefferson may permit any combination of existing vegetation, topography, walls, decorative fences or other approved features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

The proposed landscaping shall be required to screen the container port facility to the extent that it softens the appearance to the surrounding areas, as recommended by The Planning and Zoning Commission.

(5)

Site plan required. A full site plan shall be required for all proposed container port sites, at a scale of one (1) inch to one hundred (100) feet (1" = 100'), indicating, as a minimum, the following:

A.

The total area of the site.

B.

The existing zoning of the property in question and all adjacent properties.

C.

All public and private rights-of-way and easement lines located on or adjacent to the property which is proposed to be created.

D.

Existing topography with a maximum of five (5) foot intervals.

E.

The proposed finish grade of the development shown by contours not exceeding five foot intervals.

F.

The location of all existing buildings and structures and the proposed location of new structures and a layout of all outside storage. Layout to include dimensions, heights, and where applicable, the gross floor area of the buildings.

G.

The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

H.

All existing and proposed sidewalks and open areas on the site.

I.

The location of all proposed fences, screening and walls.

J.

The location of all existing and proposed streets.

K.

All existing and proposed utilities including types and grades.

L.

The schedule of any phasing of the project.

M.

Any other information as may be required by the Planning and Zoning Commission in order to determine conformance with this Zoning Code.

Upon submission of a complete application for a site plan review to the Planning and Zoning Commission, the plan shall be reviewed to determine if it meets the purpose and requirements as established in this section, of the zoning district where the proposed container port depot is located and any other applicable section of the Zoning Ordinance.

(6)

Definition. For the purpose of this Section, the term "Container" means an article of transport equipment which is of a permanent character and strong enough for repeated use; is specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading; and is fitted with devices permitting its ready handling from one mode of transport to another; and is so designed as to be easy to fill and empty; and has an internal volume of one cubic meter or more.

(Ord. 22-089. Passed 12-5-22.)

A private swimming pool shall be any pool, pond, lake or open tank, where swimming is normally permitted, not located within a completely enclosed building, and containing or normally capable of containing water to depth at and point greater than one and one-half (1-1/2) feet. No such swimming pool shall be allowed in any district except as an accessory use and unless it complies with the following conditions and requirements:

(a)

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

(b)

It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten (10) feet to any property line of the property on which located.

(c)

The swimming pool, or the entire property on which it is located shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than four (4) feet in height and maintained in good condition, with a gate and lock.

(Ord. 22-089. Passed 12-5-22.)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(Ord. 22-089. Passed 12-5-22.)

The following minimum Economic Development Standard for the number of full-time employees required when reviewing all Preliminary Development Plans for new construction or expansion of existing facilities in the following classifications:

M-1 Restricted Industries:

One (1) employee per each 1,000 sq. ft. of enclosed building space.

M-2 Industrial:

One (1) employee per each 1,000 sq. ft. of enclosed building space.

PCD Planned Commerce District:

One (1) employee per each 2,000 sq. ft. of enclosed building space.

Conditional use requests must meet these standards in any district listed above.

(Ord. 22-089. Passed 12-5-22.)

(a)

Animal Raising Projects. Conditional use permits are required for residents involved in animal raising projects sponsored by 4-H, FFA, similar youth organizations involved in animal raising or as pets. A zoning variance is required for a conditional use permit. Violation of this Ordinance shall be deemed a minor misdemeanor.

(b)

Within the residential zoning districts up to four (4) rabbits considered as pets, (not for breeding purposes) and kept in small enclosures are permitted per dwelling unit.

(c)

All other "small farm animals" are prohibited.

(d)

Offspring born of such animals which increases the total number upon the premises beyond the numbers permitted shall be removed from the lot no later than sixteen (16) weeks after birth.

(e)

That no health hazard or neighborhood nuisance is created. In case of a complaint of a neighborhood nuisance, a determination shall be made by the Planning and Zoning Commission regarding the retention of the animal at the site.

(f)

Location requirements are as follows:

(1)

Ten (10) feet from any side and rear yard setback (lot line).

(2)

Twenty-five (25) feet from any dwelling other than that occupied by the owner of the animals.

(3)

They are separated from other dwellings and adjacent properties by a solid six (6) foot high fence or wall.

(4)

Proper sanitation shall be maintained at all times. All animal food shall be stored in a metal or other rodent-proof container.

(5)

On any property, which is zoned for residential use or which is primarily used for residential purpose, only animals, which are owned by the resident of such property may be kept.

(6)

All premises and facilities upon which animals are permitted shall be maintained in a clean, orderly and sanitary condition at all times. All manure shall be removed or, as not to constitute a nuisance, at least once a week and all premises and facilities shall be treated weekly with biologically, ecologically, and environmentally approved pesticides for the control of odors, insects and rodents, which in any way can be considered a clear and present nuisance or detriment to the health, safety, comfort, welfare and peace of the general public.

(7)

Keeping of such animals shall not be permitted in the front, side and street side yard setbacks.

(Ord. 22-089. Passed 12-5-22.)

In any district where dwellings are permitted, a one (1) or two (2) family dwelling may be erected on any lot fifty (50) feet wide or wider of official record, providing at least one (1) off-street parking space per family unit is maintained, as of January 21, 1963, irrespective of its area or width, providing the owner of such lot does not own any adjoining property, except that no lot shall be deemed to be less than fifty (50) feet wide for the calculation of yard requirements.

(Ord. 22-089. Passed 12-5-22.)

(a)

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of military, public, commercial and private aircraft at an established airport. No communication tower will be allowed within one thousand (1,000) feet of any "R" district.

(b)

Public, semipublic, or public service buildings, hospitals, institutions or schools, where permitted may be erected to a height not exceeding sixty (60) feet and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.

(Ord. 22-089. Passed 12-5-22.)

(a)

When fifty percent (50%) or more of the frontage on one (1) side of the street between two (2) intersecting streets is improved with buildings that have a front yard depth which is greater or less than the required front yard depth in the district, no building shall project beyond the average front yard so established, provided however, that a front yard depth shall not be required to exceed fifty percent (50%) in excess of the front yard otherwise required in the district in which the lot is located.

(b)

On lots having double frontage, the required front yard shall be provided on both streets.

(c)

An open, uncovered porch or paved terrace may project into a required front yard, for a distance of not more than ten (10) feet, but this shall not be interpreted to include or permit fixed canopies.

(d)

Service station pumps and pump islands may be located within a required yard, provided they are not less than twenty-five feet (25) from any street line and not less than fifty (50) feet from the boundary of any residential area.

(e)

Off-street parking facilities may be located within the required front yard of any "B" district or "M" district but shall not be nearer than fifty (50) feet to any "A" or "R" district and no off-street parking shall be permitted in the required front yard of any "A" or "R" district.

(Ord. 22-089. Passed 12-5-22.)

(a)

On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street, provided however, that the buildable width of a lot of record shall not be reduced to less than forty (40) feet.

(b)

No accessory building shall project beyond a required yard line along any street.

(c)

Where dwelling units are erected above a commercial building, side yards are required on the side of a lot adjoining a residential district.

(d)

A canopy may project into a required side yard, provided every part of such canopy is unenclosed and not less than seven (7) feet from any side lot line.

(e)

For the purpose of side yard regulation, a two-family dwelling or multiple dwelling shall be considered as one building.

(f)

An owner of a dwelling erected prior to January 21, 1963 may be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes, provided, however, that no side yard shall be reduced to less than five (5) feet.

(g)

Where a lot of record as of January 21, 1963 is less width than the minimum lot width required, the minimum side yard may be reduced to ten percent (10%) of the width of the lot, provided, however, that no side yard shall be less than five (5) feet.

(Ord. 22-089. Passed 12-5-22.)

(a)

Where a lot abuts upon an alley, one-half (½) of the alley width may be considered as part of the required rear yard.

(b)

An accessory building, not exceeding twenty (20) feet in height may occupy not to exceed twenty percent (20%) of total lot coverage. Unenclosed parking spaces may occupy not to exceed ninety percent (90%) of the area of a required rear yard; but no accessory building shall be closer than ten (10) feet to the main building nor closer than five (5) feet to any lot line.

(c)

The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed eighteen (18) inches into a required yard.

(d)

Open or lattice enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning and Code Enforcement Inspector for a distance not to exceed five (5) feet when these are so placed as not to obstruct light and ventilation.

(Ord. 22-089. Passed 12-5-22.)

In all districts, a setback of fifty (50) feet from the centerline of all publicly established ditches, retention ponds, and water's edge of lakes shall be provided for all buildings or structures erected along such ditches, retention ponds, and water's edge of lakes. Also, there shall be a setback of one hundred ten (110) feet from the centerline of all ravines that run into the Big Darby or Little Darby Creeks, or any of their tributaries that run directly into said creeks.

(Ord. 22-089. Passed 12-5-22.)

For nonresidential uses abutting "F" or "R" districts the minimum yards may be reduced to fifty percent (50%) of the stated requirements if acceptable landscaping or screening, approved by the Zoning and Code Enforcement Inspector, is provided. Such screening shall be a masonry or solid fence six (6) feet in height, maintained in good condition and free of all advertising or other signs. Landscaping, provided in lieu of such wall or fence shall consist of a strip of land not less than fifteen (15) feet in width planted with an evergreen hedge, or dense planting of evergreen shrubs not less than six (6) feet in height.

(Ord. 22-089. Passed 12-5-22.)

Council deems it to be in the best interest of the residents of the Village of West Jefferson to provide for means to require the owners of buildings that are unsafe to be either repaired, improved or demolished.

(Ord. 22-089. Passed 12-5-22.)

All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to health by reason of inadequate maintenance, dilapidation or obsolescence, are for the purpose of this Ordinance, "unsafe buildings". All such unsafe buildings are declared to be a public nuisance and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this Ordinance.

(Ord. 22-089. Passed 12-5-22.)

The Zoning and Code Enforcement Inspector shall examine or cause to be examined every building or structure or portion therefor reported as or believed to be an unsafe building as defined in Section 1139.02. He shall give written notice to the owner or owners of record, including any purchasers under a recorded land contract and to the persons occupying said building if they are not the owners thereof. The written notice shall specifically state the defects that cause the building to be unsafe and shall state that the work shall commence within thirty (30) days work shall continue, either to complete the specified repairs or improvements, or to demolish and remove the building or structure, or portion thereof, leaving the premises in a clean, safe and sanitary condition, such condition being subject to the approval of the Zoning and Code Enforcement Inspector; except that in cases of emergency making immediate repairs necessary, the Zoning and Code Enforcement Inspector may order the changes or demolition to be made within a shorter period. The notice shall also require the building or portion thereof to be vacated forthwith by the occupants thereof.

(Ord. 22-089. Passed 12-5-22.)

(a)

Proper service of such notice shall be by personal service, residence service, by registered mail or by certified mail; provided, however, that such notice shall be deemed to be properly served if a copy thereof is sent by registered mail to the last known address. If any of the parties who are required to be served with written notice by this Ordinance, cannot be found or located, said party shall be served with notice by publishing the said notice in a newspaper of general circulation in Madison County. Such notice to be published two (2) consecutive weeks. Service will be deemed complete upon the second publication. If such notice is by registered or certified mail, the thirty (30) day period within which such owner is required to comply with the order of the Zoning and Code Enforcement Inspector shall begin as of the date he received such notice.

(b)

The owner may request a Public Hearing by certified mail, within this thirty (30) day period, such hearing to be advertised at least five (5) days before being held by Council and within thirty-five (35) days from the date the request is received.

(Ord. 22-089. Passed 12-5-22.)

The Zoning and Code Enforcement Inspector shall cause to be posted at each entrance to such building a notice to read: "DO NOT ENTER, UNSAFE TO OCCUPY. DIVISION OF BUILDING REGULATION, VILLAGE OF WEST JEFFERSON, WEST JEFFERSON, OHIO". Such notice shall remain posted until the required repairs are completed. No person shall remove such notice without permission of the Zoning and Code Enforcement Inspector. No person shall enter the building, except for the purpose of making the required repairs of, or demolishing same, after safe notice is posted.

(Ord. 22-089. Passed 12-5-22.)

In all cases of construction or repair pursuant to orders of the Building and Zoning Inspector, permits covering such work shall be obtained as required by this Ordinance.

(Ord. 22-089. Passed 12-5-22.)

In case the owner of record shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or demolish and remove such building or structure or portion thereof, the owner of record shall be subject to the provisions of this Ordinance and the Zoning and Code Enforcement Inspector shall proceed to have the building or structure or portion thereof demolished and removed from the premises, leaving the premises in a clean, safe and sanitary condition and the cost of such work shall be paid by the Village. If the Village is not immediately reimbursed for such costs, the amount thereof shall be certified to the County Treasurer and levied as a special assessment against said property which the building or structure is located and shall be collected in the manner provided by special assessments.

(Ord. 22-089. Passed 12-5-22.)

Any owner, manager, lessee or occupant of a building who discovers or who has reason to believe that there exists, on the premises, a condition which may endanger other property or the life or limb of a person, and such condition cannot be immediately remedied so as to remove any danger therefrom, shall, within twenty-four (24) hours after such discovery, report the existence of such dangerous condition to the Zoning and Code Enforcement Inspector who shall forthwith take such steps as may be necessary to protect the public safety and welfare. If the Zoning and Code Enforcement Inspector cannot be located, such report shall be made to the Mayor. No person who is an owner, manager, lessee or occupant of a building on which premises such a dangerous condition exists and who knows or should know of such dangerous condition shall fail to make such report to either the Zoning and Code Enforcement Inspector or the Mayor within twenty four (24) hours after such knowledge is obtained or should have been obtained.

(Ord. 22-089. Passed 12-5-22.)

Whoever violates any provision of this chapter or valid order issued pursuant thereto, unless otherwise provided, shall be deemed guilty of a fourth degree misdemeanor and subject to a jail sentence and fines as allowed under the Ohio Revised Code for fourth degree misdemeanors. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted.

(Ord. 22-089. Passed 12-5-22.)

The intent of these regulations is to promote and protect public health, welfare and safety by regulating and restricting the location, construction, repair, removal, alteration, and maintenance of signs and other advertising devices in the Village of West Jefferson, Ohio.

(Ord. 22-089. Passed 12-5-22.)

(a)

Except for those signs specifically identified, no sign shall be erected in the Village of West Jefferson, Ohio without a permit issued by the Planning and Zoning Commission.

(b)

The provisions and regulations specified herein apply only to exterior signs and signs which are visible from the public right-of-way.

(c)

All signs shall be securely attached to a building or a structurally sound support, and their display surfaces shall be kept neatly painted and in good repair at all times.

(d)

No illuminated signs or outdoor illumination shall direct light in a way which would create a traffic hazard or nuisance or be unreasonably detrimental to adjoining or neighboring properties.

(e)

Except for time and temperature signs, no sign shall be illuminated by or contain a flashing, intermittent, rotating or moving light or lights. Lighting devices shall employ only lights emitting light of constant intensity.

(f)

A projecting sign which overhangs a public right-of-way or sidewalk shall not extend more than forty-eight (48) inches from the face of the building to which it is attached. No projecting sign shall be closer than eight (8) feet to the public right-of-way or sidewalk over which it is projecting. Projecting signs shall not exceed twelve (12) square feet in area on each face side and shall not be more than three (3) feet in height measured parallel to the building to which it is attached.

(g)

A flush-mounted building sign shall not project more than twelve (12) inches from the face of the building to which it is attached.

(h)

No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or similar fluttering devices.

(i)

No sign shall consist of animated or moving parts.

(j)

No signs shall be attached to fences, utility poles, traffic control devices, or trees.

(k)

No sign shall be erected or maintained upon the roof of any building or structure.

(l)

No motor vehicle, mobile home or trailer on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.

(m)

No permanent sign shall be erected or maintained within the public right-of-way of any street, nor within fifteen (15) feet of the pavement of any public street or within ten (10) feet of any property line unless flush-mounted to a building.

(n)

No sign shall be permitted which advertises a business use or service other than that which exists on the premises on which said sign is located.

(o)

The regulations specified herein shall not apply to any sign or directional device erected by any governmental agency, nor to advertising signs identifying underground utility lines.

(p)

No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.

(q)

No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising or to attract attention to a sign.

(r)

Awnings, as defined by this chapter may be permitted, provided that they comply with the following standards and regulations:

(1)

Awnings shall not be illuminated.

(2)

No awning shall extend out more than six (6) feet from the building surface from which it is attached.

(3)

No awning shall be less than seven (7) feet above the sidewalk or entranceway over which it is attached.

(s)

Flower boxes, which extend over or rest on a public right-of-way, shall not extend more than nine (9) inches from the facade of the building to which they are accessory. Flower boxes shall not contain any lettering, logos or pictorial matter and may not be illuminated, except indirectly.

(Ord. 22-089. Passed 12-5-22.)

(a)

The total area of all signs erected on a single property to advertise a specific business or activity, including freestanding and building signs, shall not exceed an area of two (2) square feet for each linear foot of building frontage of the principal structure, measured along the street or off-street parking area, whichever is greater, that provides the principal access for the use.

(b)

Directional signs that do not exceed two (2) square feet in sign area and are limited to such texts as Office, Entrance, Exit. "Parking" and "No Parking" shall be excluded from the limitation on the total area of signs permitted.

(c)

No freestanding sign shall be more than five (5) feet in height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof. The Planning and Zoning Commission shall establish the setback for freestanding signs to ensure that such signs do not obstruct the view of motorists or create a nuisance to adjacent properties.

(d)

Business identification signs attached to windows and/or doors on the interior of a building and which are visible from the public right-of-way shall be excluded from the calculations to determine the maximum allowable sign area on a property specified in subsection (a) hereof, provided that such window or door signs do not exceed thirty percent (30%) of the total surface area of the windows and/or doors on the facade of the building to which said signs are attached. If such signs exceed the thirty percent (30%) limit, they shall be counted in determining the total area of all signs permitted on a property. (See subsection (a) hereof.)

(e)

Signs attached to the windows and/or doors of business establishments to advertise the temporary sale of a product or commercial service and which do not identify the name of the business shall be excluded in determining the total area of all signs permitted on a property. (See subsection (a) hereof.) No business shall be permitted to display more than two (2) such temporary advertising signs at any time.

(f)

Billboard/Off Premise Sign. Sign displaying changeable or permanent advertising copy which pertains to a business/service not principally located or sold on the premises upon which said sign is located. "Back to back billboard" is a structure with two (2) parallel and directly opposite directions located no more than three (3) feet apart. A "ground billboard" is a billboard supported by one (1) or more uprights upon the ground with or without braces and not attached to a building or structure.

(g)

No sign shall be placed in a public right-of-way, except for those properties within the Target Area Limits of the Downtown Revitalization Plan. The target Area is defined as Main Street with West boundary ending at the railroad viaduct and the East boundary ending at Heath Street.

(h)

Sandwich/Sidewalk Sign. A moveable sign not secured or attached to the ground or surface upon which it is located. Signs must conform to the following:

(1)

A maximum sign height shall be five (5) feet.

(2)

A maximum width shall be two (2) feet.

(3)

A minimum clear sidewalk of five (5) feet shall be maintained.

(4)

A minimum of eighteen (18) inches from the curb.

(5)

Signs must be removed after business hours.

(6)

No other portable signs are permitted.

(7)

One (1) sign per business.

(Ord. 22-089. Passed 12-5-22.)

Notwithstanding the standard governing the total area of signs permitted to be erected or maintained on any parcel of real property set forth in above, the following standards shall guide the regulation of all signs associated with projects when more than one (1) principal building or business use or activity is proposed to be conducted upon a single parcel of real property, such as in the case of a shopping center, plaza or mall or other multiple commercial use facility or industrial park.

(a)

A single freestanding sign of up to thirty-two (32) square feet in area and not more than twenty (20) feet in height may be erected which identifies the name of the center or facility as a whole and does not advertise any individual business activity.

(b)

Freestanding signs advertising individual businesses within a shopping center or joint development project shall be prohibited.

(c)

One (1) sign identifying individual businesses or uses may be erected for each separate principal activity. Individual business signs may be attached to the face of the building. Such signs shall not exceed the lesser of two (2) square feet of area for each linear foot of store frontage or twenty percent (20%) of the surface area of the building face on which the sign is to be attached.

(d)

In a multiple commercial use facility or industrial park there may be one (1) directory sign at any location therein which shall not exceed five (5) square feet for each acre of land in such commercial area or industrial park provided that no such sign shall exceed twenty (20) square feet in area. In addition, at each point of entrance and exit for vehicular traffic into such multiple commercial use facility or industrial park, one (1) other directory sign shall be permitted which does not exceed two (2) square feet for each acre of land in such multiple commercial use facility or industrial park. Such signs shall not exceed a total area of twelve (12) square feet.

(e)

An overall sign design plan for any such center or facility shall be submitted with the application for the site development permit. The sign design plan shall include plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.

(f)

Flashing Sign. Flashing signs are not permitted because of the normal competition with traffic and other safety lighting.

(Ord. 22-089. Passed 12-5-22.)

(a)

For multiple-family dwellings, churches, libraries, social clubs, public buildings and other similar uses, a single identification sign not exceeding sixteen (16) square feet in area and indicating only the name and address of the building may be displayed. Signs identifying churches, libraries and other similar public buildings may, in addition to the name and address, include the times that services are provided. Such signs shall not be located closer to any lot line than one-half (1/2) of the required setback nor project more than four (4) feet in height above grade. Said signs shall not be illuminated, except indirectly.

(b)

No more than two (2) signs advertising the sale, lease or rental of a property may be placed on the site which is available. Such advertising signs shall not exceed six (6) square feet in area and shall be erected or displayed not less than ten (10) feet inside the property line and not more than four (4) feet in height. Said signs shall be removed from the premises within seven (7) days after the property has been leased or title transferred.

(c)

A permanent sign may be erected to indicate a subdivision. Said sign shall not exceed sixteen (16) square feet in area nor more than four (4) feet in height.

(d)

A sign advertising the sale of property within an approved subdivision may be permitted, provided that said sign does not exceed an area of sixteen (16) square feet. Said sign shall be located at the entranceway to the subdivision and may be placed on the property for a period of three (3) years from the time of subdivision approval or thirty (30) days following the sale of the last lot in the subdivision, whichever occurs first.

(e)

No Illuminated signs are permitted in residential districts.

(Ord. 22-089. Passed 12-5-22.)

Notwithstanding the other provisions of this chapter, noncommercial speech signs may be displayed without a permit subject to the following regulations:

(a)

Noncommercial Speech Signs in Residential Districts. Noncommercial speech signs may be permitted in any residential district without a sign permit, subject to the following conditions:

(1)

The maximum number of noncommercial speech signs per lot shall be two (2).

(2)

Of the total number of signs, only one (1) shall be a window sign. No window sign shall exceed twenty-five percent (25%) of the total window opening or one (1) square foot, whichever is smaller.

(3)

A building-mounted sign may not exceed two (2) square feet in total area. Any building-mounted sign shall be located in proximity to an exterior entrance.

(4)

A ground-mounted sign, unless otherwise specified herein, shall:

A.

Not exceed six (6) square feet in sign copy area;

B.

Not exceed four (4) feet in height above grade;

C.

Not be closer to any lot line than one-half (1/2) of the required setback;

D.

Not interfere with vehicle site distances either from, along or to a public way; and

E.

Not be illuminated, except indirectly.

(b)

Noncommercial Speech Signs in Business and Industrial Districts. Noncommercial speech signs associated with nonresidential uses may be allowed in any business or industrial district without a sign permit, subject to the following conditions:

(1)

The maximum number of noncommercial speech signs per lot shall be two (2).

(2)

Such signs shall not exceed twenty (20) square feet in area.

(3)

Freestanding noncommercial speech signs shall not be closer to any lot line than one-half (1/2) of the required setback.

(4)

Freestanding noncommercial speech signs shall not exceed six (6) feet in height above grade level.

(5)

Building-mounted noncommercial speech signs shall be located on the first floor front facade of the structure.

(6)

Noncommercial speech signs shall not be illuminated, except indirectly.

(Ord. 22-089. Passed 12-5-22.)

(a)

Temporary signs advertising any educational, charitable, civic, religious or like campaign or event may be erected or displayed for a consecutive period not to exceed thirty (30) days in any calendar year. Notwithstanding the above, political signs may be displayed without requiring a permit for a period of up to thirty (30) consecutive days prior to an election. Said signs shall be removed within three (3) days following the campaign or event.

(b)

Political Signs. A political sign is one that is designed or intended to influence the action of voters for the election or defeat of candidate(s) or issue(s) at national, state, county or local election. Such signs must be removed within three(3) days following the election. Political signs are permitted whether or not they comply with other sections of the sign regulations.

(c)

If such temporary signs are not removed within the three-day period, the Code Enforcement Officer is authorized to remove said signs and to charge all costs incident to the removal of the sign or signs to the organization responsible for the placement of the signs.

(d)

No temporary sign shall be attached to fences, trees, utility poles, bridges or traffic signs and shall not obstruct or impair vision or traffic in any manner or create a hazard of disturbance to the health and welfare of the general public.

(e)

No temporary sign shall exceed sixteen (16) square feet in area.

(Ord. 22-089. Passed 12-5-22.)

(a)

Any existing sign erected prior to the adoption of this chapter which is nonconforming and for which no permit was issued shall be removed within ninety (90) days from notification by the Zoning and Code Enforcement Inspector.

(b)

Any existing sign erected prior to the adoption of this chapter for which a permit was issued and which would be in violation under the provisions of this chapter shall be allowed to continue for a period of not more than four (4) years from the effective date of this chapter. At the end of the four-year period all such nonconforming signs shall be removed.

(c)

The provisions of subsections (a) and (b) hereof shall not apply to signs which the Planning and Zoning Commission determines to have unusual or positive community significance.

(d)

Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign into a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within a period of thirty (30) days after due notification by the Code Enforcement Officer shall constitute abandonment of the sign. A sign which is abandoned shall not be reused and shall be removed by or at the expense of the property owner.

(e)

If a project subject to zoning review(s) is proposed for a parcel of property upon which a legally preexisting sign which does not conform to these standards is located, the reviewing agency shall require that said nonconforming sign be brought into compliance as a condition of the approval of the proposed action.

(Ord. 22-089. Passed 12-5-22.)

All applications for a sign permit shall be made, in writing, upon the forms prescribed and provided by the Code.

(a)

All applications shall contain the following information:

(1)

Name, address and telephone number of the applicant.

(2)

Location of the building, structure or land to which or upon which the sign is to be erected.

(3)

A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; a location plan showing the position of the sign or any buildings or structures, including any private or public street or highway.

(4)

Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.

(b)

All applications for a sign permit, except those for a temporary sign, shall be forwarded to the Building, Planning and/or Zoning Official for review. Prior to rendering its decision, the Building, Planning and/or Zoning Official shall review the design, size and location of the proposed sign to determine whether the proposed sign is in compliance with the regulations set forth in this chapter. Upon the completion of its review, the Building, Planning and/or Zoning Official may approve, approve with conditions or reject the application.

(Ord. 22-089. Passed 12-5-22.)

The following signs require a permit are as follows:

(a)

Subdivision and area Identification Signs.

(b)

Apartment/Condominium/Mobile Home Park ID Signs.

(c)

Development Signs.

(d)

Freestanding Commercial Signs.

(e)

Attached Signs.

(f)

Banners.

(g)

Alley Signs.

(h)

Awning Signs.

(i)

Canopy Signs.

(j)

Hanging Signs.

(k)

Corner Projection Signs.

(l)

Sandwich/Sidewalk Signs.

(m)

Wall Signs.

(n)

Window Signs.

(Ord. 22-089. Passed 12-5-22.)

(a)

Directional Traffic Control Signs.

(b)

Real Estate, Finance Signs and Construction.

(c)

Political Signs.

(d)

Outdoor advertising display signs for sponsors of charitable events held on public properties. These signs may be displayed for the duration of the event or not more than three (3) days with approval of the Zoning and Code Enforcement Inspector or his/her designee.

(Ord. 22-089. Passed 12-5-22.)

It shall be the duty of the Zoning and Code Enforcement Inspector, upon the filing of the application for said permit, to examine all of the data submitted to him with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If the sign authorized under any such permit has not been completed within six (6) months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed for one (1) additional six-month period upon the approval by the Planning and Zoning Commission and upon payment of an additional fee. A request which cites the reason for requesting the extension for the completion of the sign shall be submitted, in writing, to the Planning and Zoning Commission not more than thirty (30) days following the first six-month expiration period.

(Ord. 22-089. Passed 12-5-22.)

(a)

The Code Enforcement Officer shall notify the owner of any sign which no longer serves the purpose for which a permit was granted or is unsafe, insecure or is a menace to the public or has been erected or installed in violation of this chapter, in writing, to remove or correct the unsatisfactory condition of said sign within thirty (30) days from the date of such notice.

(b)

Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to remove or cause the removal of such sign. All costs and expenses incurred in removing said sign shall be charged to the owner of the sign and/or the owner of the land or building on which such sign is located.

(c)

The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily upon written notice to that effect. Failure to comply within twenty-four (24) hours of such notice shall serve as an authorization to the Code Enforcement Officer to remove or cause the removal of such sign, with all costs and expenses charged as provided for above.

(Ord. 22-089. Passed 12-5-22.)

The purpose and intent of this chapter is the presei-vation and promotion of landscaping as a suitable and necessary aspect of land development, as a component of the Village's development character, as an important beneficial element of the microclimate through the provision of shade and as buffers, to promote the preservation. When necessary, replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a buffer between certain land uses to minimize conflicts, and to protect, preserve and promote the character of the Village, shall be administered.

(Ord. 22-089. Passed 12-5-22.)

A landscape plan shall be required whenever a site plan is required for any project.

The Building and Zoning Inspector will determine, due to unusual circumstances, site conditions or character of the proposed use, whether a preliminary plan review is warranted, or in any case where required by the Planning and Zoning Commission.

(Ord. 22-089. Passed 12-5-22.)

(a)

The Planning and Zoning Commission may vary or waive the requirement of a landscape plan in whole or part together with improvements required herein upon a finding that the requirement of such plan and/or improvement would not forward the purpose of this chapter or otherwise serve the public interest; provided that such variation or waiver shall result in a plan substantially in compliance with the approved site plan together with all conditions imposed by the Planning and Zoning Commission; and, provided further, that such variation or waiver shall have no additional adverse visual impact on adjacent properties or public areas nor otherwise be inconsistent with this chapter. No variance or waiver of a landscape plan shall be approved except after any required notice.

(b)

Whenever, because of unusual size, topography, shape of the property, location of the property, or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of this chapter would result in significant degradation of the site or adjacent properties, the requirement may be varied or waived by the Planning and Zoning Commission; provided that such variance or waiver shall not be detrimental to the public health, safety, or welfare, or to the orderly development of the area, or to sound engineering practices, or to adjacent properties.

(c)

A developer requesting variation or waiver pursuant to this section shall file with the Planning and Zoning Commission a written request which shall state reasons and justification for such request together with such alternatives as may be proposed by the developer. The Planning and Zoning Commission may approve, approve with conditions, or deny such request. In the case of conditional approval or denial, the Planning and Zoning Commission shall notify the developer in writing as to the reasons for such action within five (5) days of such decision.

(Ord. 22-089. Passed 12-5-22.)

(a)

The landscape plan shall allow the following:

(1)

The location, size and type of all proposed plant materials, and verification that minimum landscaping and screening requirements have been satisfied. Plant materials may be indicated in the following generic terms on the landscape plan: large or medium shade tree; screening tree; screening shrub; or street shrub. The required plant materials shall be chosen from the plant list on file with the Village of West Jefferson. Plant material not listed may be substituted for required plant material only if such substitution is expressly approved by the Planning and Zoning Commission.

(2)

Existing trees or wooded areas may be preserved in lieu of planting new materials in order to satisfy landscaping and screening requirements, subject to approval. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunneling proposed beyond the limits of clearing. In addition, the applicant shall sign a form approved by the Planning and Zoning Commission to ensure that the specified trees will be protected during construction.

(3)

In addition, the landscape plan shall indicate existing landscape features on the site. Such features shall include, but shall not be limited to:

A.

Wooded areas indicated by general type (evergreen or deciduous) and location of tree line;

B.

Small groups of trees and individual trees of six (6) inch caliper or greater, or ornamental trees of any size, indicated by common name, approximate caliper and location;

C.

Natural features which distinguish the site, such as prominent ridge lines, rock outcroppings or water features;

D.

Man-made features of local, historic or scenic importance;

E.

Scenic vistas across the site from a public road.

(b)

The Planning and Zoning Commission may require that any or all such features be preserved upon determination following a site inspection, that the features contribute significantly to the character of the Village landscape and that the preservation of such features is necessary to satisfy the purpose and intent of this chapter.

(c)

The purpose of this section is to protect unique amenities which could otherwise be irretrievably lost due to careless site design. It is not intended that this section be applied indiscriminately, or to prohibit development.

(1)

Procedure. Landscaping plans shall be submitted whenever an application is filed for a non-single family use as a part of a request for a Certificate of Zoning Compliance, zoning map amendment, conditional use permit, and in conjunction with the submittal requirements for Planned Districts.

(2)

Plan Contents. The landscaping plan shall be prepared by a landscape professional and shall include the following information:

A.

Plot plan drawn to scale indicating property lines, easements, proposed improvements, natural features, drainage, adjacent uses and structures, and proposed landscaping which shall include botanical and common names, installation size, on-center planting dimensions where applicable, and a summary of all landscaping materials used on-site, new and existing, by type, common name, and quantity.

B.

In the case where trees are to be removed as part of any site development, the plot plan shall, in addition to items included in (c)(1) above, also specifically indicate any trees to be removed and include botanical and common names and location of any large trees and any significant trees as defined in this chapter.

C.

Typical building elevations and/or cross sections with proposed vegetation as may be required.

D.

Title block with the pertinent names and addresses of property owner, applicant, scale, date, north arrow, zoning district, and Village of West Jefferson, Ohio.

(3)

Criteria for Review. The submitted landscaping plan shall be reviewed to determine if proposed improvements comply with the requirements and standards of the chapter and commonly accepted landscaping and design standards. The Planning and Zoning Commission may call upon professional services from either the public or private sectors to provide an evaluation relative to any submitted landscaping plan.

(Ord. 22-089. Passed 12-5-22.)

The three types of development that are regulated by landscaping standards include 1) existing development, 2) proposed development and 3) sites in the process of a land use change. These types of development shall be regulated as follows:

(a)

No proposed commercial, condominium, or industrial development shall be constructed unless landscaping standards in this chapter are followed.

(b)

No existing site development, building or structure shall be moved, removed, or reconstructed unless landscaping requirements of this chapter are met.

(c)

All sites for which the land use is being changed must comply with the landscaping standards set forth in this chapter.

(d)

No proposed off-street parking and off-street loading areas shall be constructed unless landscaping standards in this chapter are followed.

(Ord. 22-089. Passed 12-5-22.)

(a)

All existing site development that is not being moved, removed, or reconstructed is exempt from the standards set forth in this chapter.

(b)

Single-family detached housing development is exempt from the standards contained in this chapter.

(c)

The construction of an addition that is less than fifty percent (50%) of the gross floor area of the principal structure warrants exemption from the regulations set forth in this chapter.

(d)

The construction of an accessory structure shall require the owner to comply with the requirements of this chapter.

(e)

In the case of a proposed shared access easement between adjacent properties, the landscape buffer may be adjusted or exempted to allow for the allocation of a shared entrance.

(Ord. 22-089. Passed 12-5-22.)

For the purpose of this chapter, the following definitions shall apply.

(a)

BERM shall refer to an earthen mound covered with vegetation that is designed to provide visual interest, screen undesirable views, and/or decrease noise.

(b)

BUFFER shall refer to a combination of physical space and vertical elements, such as plants, berms, fences, or walls, whose purpose is to separate and screen incompatible land uses from each other.

(c)

CONSTRUCTION LINE shall refer to a line drawn on a landscape plan that encompasses the area where all proposed building on the site is expected to take place.

(d)

DECIDUOUS shall refer to a plant with foliage that is shed annually.

(e)

EVERGREEN shall refer to a plant with foliage that persists and remains green year-round.

(f)

GROUND COVER shall refer to grasses or other plants and landscaping grown to keep soil from being blown or washed away.

(g)

HEDGES shall refer to a landscape barrier consisting of a continuous, dense planting of shrubs.

(h)

LANDSCAPING shall refer to any combination of living plants such as grass, ground cover, shrubs, vines, hedges or trees and nonliving landscape material such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials.

(i)

SCREEN shall refer to a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

(j)

SHADE TREE shall refer to a tree planted primarily for its high crown of foliage or overhead canopy; generally the term shade tree refers to a deciduous tree rather than an evergreen.

(k)

SHRUB shall refer to a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches. A tree may be classified as deciduous or evergreen.

(l)

TREE shall refer to a large, woody plant having one or several self-supporting stems or trunks and numerous branches. A tree may be classified as deciduous or evergreen.

(m)

TERMINAL PARKING ISLANDS shall refer to any parking island at the terminus of a continuous row of abutting parking spaces.

(n)

WOODLANDS, ESTABLISHED shall refer to existing trees and shrubs of a number, size, and species that accomplish the same general function as new plantings.

(Ord. 22-089. Passed 12-5-22.)

If provisions of this chapter conflict with the standards set forth in another chapter, the more stringent limitations or requirement shall govern or prevail to the extent of the conflict.

(Ord. 22-089. Passed 12-5-22.)

(a)

Whenever any property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for submittal to the Planning and Zoning Commission for review. Where such plans are part of an application for rezoning, variance, conditional use, or other matters which must be approved by the Planning and Zoning Commission, such plans shall be submitted to the Planning and Zoning Commission fifteen (15) days before the first reading.

(1)

Certificate of Zoning Compliance and Certificate of Occupancy.

A.

Where landscaping is required, no Certificate of Zoning Compliance shall be issued until the required landscaping plan has been submitted and approved, and no Certificate of Occupancy shall be issued until the landscaping is completed as certified by an on-site inspection, unless a performance bond or irrevocable letter of credit from a banking institution has been posted.

B.

If the required landscaping has not been completed and a temporary Certificate of Zoning Compliance is issued, a performance bond or irrevocable letter of credit from a banking institution shall be posted at that time.

C.

All trees and plantings shall meet the requirements of Sections 1143.11 and 1143.12 and other sections where applicable.

(Ord. 22-089. Passed 12-5-22.)

Any landscape plan submitted to and disapproved by the Planning and Zoning Commission may be appealed according to the procedure provided for in Chapter 1105.

(Ord. 22-089. Passed 12-5-22.)

The landscaping materials shall consist of the following and should complement the form of the existing trees and plantings, as well as the development's general design and architecture.

(a)

Walls and Fences. Walls and fences shall be structurally sound and constructed of stone, brick, wood, or vinyl.

(b)

Earth Mounds. Earth mounds shall be physical barriers which block or screen the view, similar to a hedge, fence, or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation between areas requiring screening does not constitute an existing earth mound and shall not be considered as fulfilling any screening requirements.

(c)

Plants. Artificial plants are prohibited. All plant materials shall be living plants and shall meet the following requirements:

(1)

Quality. Plant materials used in conformance with the provision of this chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under State regulations.

(2)

Deciduous Trees. Trees which normally shed their leaves in the fall shall be species having an average mature crown spread of greater than fifteen (15) feet in Central Ohio and having trunks which can be maintained with over five (5) feet of clear wood in areas which have visibility requirements, except as vehicular use area intersections where eight (8) feet clear wood requirement shall control. Trees having an average mature crown spread of less than fifteen (15) feet may be substituted by grouping of the same so as to create the equivalent of a fifteen (15) foot crown spread. A minimum of ten (10) feet overall height or a minimum caliper (trunk diameter measured at four (4) feet above ground) of at least one and three-fourths (1 3/4) inches immediately after planting shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than fifteen (15) feet to such public works, unless the root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep and for which the construction requirements shall be four (4) inch thick, reinforced concrete.

(3)

Evergreen Trees. Evergreen trees shall be a minimum of five (5) feet high with a minimum caliper of one and one-half (1 1/2) inches immediately after planting.

(4)

Shrubs and Hedges. Shall be at least two (2) feet in vehicular use area perimeter and three (3) feet for property perimeter, in average height when planted, and shall conform to the opacity and other requirements within four (4) years after planting.

(5)

Vines. Shall be at least twelve (12) or fifteen (15) inches high at planting and generally used in conjunction with walls or fences.

(6)

Grass or Ground Cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Central Ohio and may be sodded or seeded, except in swales or other areas subject to erosion, where solid sod, erosion-reducing net, or suitable mulch shall be used. Nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass-sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted in a manner as to present a finished appearance and seventy-five percent (75%) of complete coverage after two (2) complete growing seasons, with a maximum of eight (8) inches on center. In certain cases, when approved by the Planning and Zoning Commission, ground cover may consist of rocks, pebbles, sand, and similar approved materials.

(d)

Pruning. Landscaping materials used to fulfill code requirements, or conditions of approval, as authorized by the Planning and Zoning Commission, may not be pruned or otherwise treated so as to reduce height or level of opacity to less than required by this chapter. Landscape materials are intended to grow, spread, and mature over time, and pruning or other inhibiting measures, including removal, may only be practiced to ensure the public safety, to maintain a neat and attractive appearance, and to preserve the health of the material involved.

(e)

Placement of Landscape Materials:

(1)

Easements: Landscape material shall not be planted in drainage easements or utility easements without permission from the Village or appropriate entity and/or the easement holder. A tree canopy may project over a right-of-way or any type of easement.

(2)

Infrastructure: Trees shall be located to avoid significant interference with overhead or underground utilities and shall maintain fifteen (15) feet of horizontal clearance from sanitary sewer and water service lines.

(3)

Movement: Materials shall be located to avoid interference with vehicular and pedestrian movement. Specifically, plant materials shall not project over sidewalks, pedestrian paths, and the like below a height of eight (8) feet. Plant materials shall not project over street curbs or pavement within rights-of-way or access easements below a height of ten (10) feet.

(4)

Vision Clearance: Materials shall be located to avoid interference with visibility using a ten (10) foot triangle area on either side of curb-lot.

(5)

Streetscape: The unpaved portion of an abutting public or private right-of-way shall be fine-graded, planted, and maintained with vegetative ground cover. See also Section 1143.23

(6)

Agricultural Zoning District: Trees in adjoining zoning districts are required to be set back a minimum of twenty (20) feet from any agricultural zoning district.

(f)

Plant Material Standards:

(1)

Plantings: All plant material shall be living species. Dead, diseased or artificial plants shall not be recognized as contributing to required landscaping.

(2)

Diversity: On sites that require an aggregate total of twenty (20) or more new trees, any given species of tree shall be limited to a maximum of thirty-three percent (33%) of the total number of newly planted trees on site.

(3)

Permitted: All plant material shall be non-invasive species not otherwise prohibited.

(4)

Size: Minimum sizes shall apply to all plant material required by the Landscaping Ordinance:

A.

Deciduous trees shall be at least one-inch (1") caliper.

B.

Evergreen trees shall be at least three (3) feet tall.

C.

Shrubs shall be at least two-gallon (2-gallon) container size or eighteen (18) inches tall from the adjacent ground level.

(g)

Ground Cover: Grass and other vegetative ground cover shall be used for all pervious areas excluding planting beds.

(h)

Installation: All required landscaping shall be planted before a Certificate of Occupancy is issued. The Planning and Zoning Commission may grant an extension of up to one hundred eighty (180) days for the complete installation of landscaping materials due to seasonal or weather conditions which preclude the quality installation of plant materials. As a condition of the extension, the Planning and Zoning Commission may require a performance bond, letter of credit, or other satisfactory assurance from the person requesting the extension.

(i)

Conservation: When wooded areas, tree rows, or specimen trees are designated to be conserved or have been included in the commitments, the following measures shall be taken during construction:

(1)

Install highly visible (orange) construction fencing around the tree a minimum of twice the size of the drip-line of the tree.

(2)

Avoid injuring roots when installing anchoring posts for fencing.

(3)

Signs should be posted clearly identifying the area as a plant protection zone.

(4)

Excavation and filling within the plant protection zone is prohibited. See also Section 1143.20 and 1143.22.

(Ord. 22-089. Passed 12-5-22.)

The following minimum standards shall apply:

(a)

Large street trees shall be one and one-half (1 1/2) inches to one and three-quarters (1 3/4) inches minimum caliper measured six (6) inches above ground level when planted. Medium street trees shall be one (1) inch to one and one-quarter (1 1/4) inches minimum caliper when planted.

(b)

All trees to be planted shall meet the specifications of the American Association of Nurserymen. The planting of trees shall be done in accordance with the National Landscaping Association. Planting islands shall contain a minimum of fifty (50) square feet per tree, with a minimum dimension of five (5) feet, in order to protect the landscaping and allow for proper growth. Wheel stops, curbing, or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be welled or otherwise protected against change of grade. All pervious areas of the site shall be permanently protected from soil erosion with grass or other ground cover or mulch material. See also Section 1143.15.

(Ord. 22-089. Passed 12-5-22.)

The following requirements shall apply to street trees:

(a)

Street trees shall be required along existing or proposed public streets in any development which is subject to site development plan approval in all commercial, industrial districts, and residential development of a density of three (3) dwelling units per acre. The Planning and Zoning Commission may waive this requirement in certain cases where site conditions warrant an alternate solution.

(b)

Street trees shall be approved by the Planning and Zoning Commission. Medium shade trees may be substituted, subject to the approval of the Planning and Zoning Commission when site conditions warrant smaller trees. The Planning and Zoning Commission may approve substitutions of species of large or medium shade trees.

(c)

Street trees shall be planted with even spacing in a row adjacent to the public right-of-way. One (1) large street tree shall be required for every fifty (50) feet of road frontage, or portion thereof, if twenty-five (25) feet or more. Where permitted, one (1) medium shade tree shall be required for every forty (40) feet of road frontage, or portion thereof, if twenty (20) feet or more.

(d)

In the case of development with units for sale, the trees shall be protected through an open space or easement arrangement and shall be maintained by a property owner's association. (See also Section 1143.23)

(Ord. 22-089. Passed 12-5-22.)

The following lot-site planting requirements apply to enhance the visual quality of developments, screen land uses, and better integrate the built and natural environment.

(a)

Arrangement: It is suggested that the required plantings be planted in clusters or irregular patterns.

(b)

Minimum Number:

(1)

Five (5) trees per acre shall be planted. A minimum of fifty percent (50%) of the required trees shall be evergreen trees.

(2)

Fifteen (15) shrubs per acre shall be planted. A minimum of fifty percent (50%) of the required shrubs shall be evergreen.

(c)

Substitution: One (1) ornamental tree may be substituted for every four (4) shrubs: however, substitution shall not exceed fifty percent (50%) of the required shrubs.

(Ord. 22-089. Passed 12-5-22.)

(a)

All development subject to site development plan review shall include the following required landscaping for parking lots consisting of five (5) spaces or more:

(1)

Street trees: Street trees shall be planted in accordance with Section 1143.13 along the public street frontage which abuts a parking lot. The trees shall be planted between the street right-of-way and the parking area, within the parking setback. If required street trees cannot be planted within the parking setback or within ten (10) feet of the street right-of-way due to sight distance, utility easement, or other conflicting requirements, then the planting strip shall be enlarged to accommodate the trees. If this requirement creates a hardship by causing the relocation of required parking spaces, then the additional planting area may be counted toward the interior landscaping requirements.

(2)

Interior landscaping: Exclusive of the requirements of Section 1143.15, an area equal to five percent (5%) of the paved parking and vehicular circulation area shall be landscaped with trees or shrubs. This shall include one (1) large or medium shade tree per ten (10) parking spaces or portion thereof, if five (5) spaces or more. Interior landscaping shall be located in reasonably dispensed planting islands or perimeter areas. Shrub plantings adjacent to a building shall not be counted as interior landscaping.

(3)

Additional plantings along public streets: When a parking lot is located such that the parked cars will be visible from a public street, then additional landscaping of low street shrubs shall be required between the street and the parking lot.

(4)

Shrubs: Shrubs shall be in a single row planted five (5) feet on center. Alternate methods of landscaping designed to minimize the visual impact of the parking lot may be approved by the Building and Zoning Inspector. See also Section 1143.23.

(b)

Landscaping the interior of off-street parking areas is required for all parking areas. The landscaping of interior off-street parking areas shall be in compliance with the following standards.

(1)

All rows of parking spaces shall be provided a terminal parking island at the end of each row to protect parked vehicles, provide visibility, confine moving traffic to aisles and driveways and provide space for landscaping.

(2)

All landscaped parking islands that are parallel to parking spaces on both sides of the island must be at least nine (9) feet wide to permit the simultaneous opening of vehicle doors on either side. Terminal parking islands must be a minimum of six (6) feet wide.

(3)

Terminal parking islands for a single row of parking spaces shall consist of a minimum of one (1) tree along with ground cover, grass, and/or mulch.

(4)

Terminal parking islands for a double row of parking spaces shall consist of a minimum of two (2) trees along with ground cover, grass, and/or mulch.

(5)

In parking lots containing twenty-five (25) or more parking spaces, a row of parking spaces shall contain no more than fifteen (15) contiguous spaces without providing a landscaped parking island of at least the dimensions of one space.

(6)

Off-street parking areas that are composed of double rows of abutting side-by-side parking spaces must provide a continuous landscaped divider strip centered on the dividing line between such rows of spaces. The divider strip shall have a minimum width of five feet and shall be surrounded by a raised curb with ground cover and/or mulch planted within the divider. A minimum of one (1) tree shall be planted in the landscape divider strip for every five (5) abutting parking spaces.

(7)

All interior landscaped areas shall be landscaped with ground cover and/or mulch, shrubs, or other appropriate landscaping materials. Any form of pavement shall not be considered an appropriate landscaping material.

(8)

All interior parking area islands shall be surrounded with continuous, raised, reinforced, concrete curb.

(9)

All landscaped areas at the front line of off-street parking spaces shall be protected from encroachment of vehicles through the use of wheel stops. In addition, all parking spaces located along the perimeter of the building shall be required to provide wheel stops. Wheel stops must be constructed in accordance with accepted industry standards. Wheel stops must be securely anchored in place at all times and must be continuously maintained. Wheel stops shall be located two (2) feet from the front of the parking space.

(10)

Parking areas with less than twenty (20) parking spaces must provide wheel stops at the front of the parking space as opposed to providing landscaped divider strips between double rows of abutting side-by-side parking spaces.

(11)

Deciduous shade trees and low shrubs are required for interior parking area landscaping. Shrubs must be evergreen or dense deciduous plants.

(Ord. 22-089. Passed 12-5-22.)

Parking lots shall be reasonably screened from streets and adjacent uses using a combination of plant materials, decorative fences, decorative walls, and/or earthen mounds.

(a)

Applicability: Parking lots with five (5) or more spaces shall provide the following perimeter planting.

(b)

Installation: Shrubs shall be planted to effectively screen all parking lot areas from the right-of-way and adjacent properties.

(c)

Arrangement:

(1)

Trees shall be planted within ten (10) feet of the parking lot edge.

(2)

Shrubs shall be planted within five (5) feet of the parking lot edge.

(d)

Minimum Number:

(1)

One (1) tree per ten (10) parking spaces shall be planted. A minimum of fifty percent (50%) of the required trees shall be canopy trees.

(2)

Three (3) shrubs per one (1) parking space shall be planted.

(e)

Substitution: A decorative wall may be installed in lieu of shrubs for locations along the perimeter of the parking area. Walls, if used, shall be a minimum of thirty (30) inches and a maximum of forty-two (42) inches in height and may incorporate breaks to allow for pedestrian movement.

(Ord. 22-089. Passed 12-5-22.)

(See Section1143.19) *

Landscape Buffer Chart

All landscape buffers shall be classified within four (4) different categories (See chart above). The four (4) categories of landscape buffers include Type 1, Type 2, Type 3, and Type 4 buffers. The four (4) buffer types are defined as follows:

(a)

TYPE 1 BUFFER shall be defined as a twenty-five percent (25%) minimum area of the required side and rear yard building setbacks, abutting the property line, that shall be used solely for landscape purposes. This buffer must consist of one (1) tree per forty (40) linear feet of boundary plus a continuous four (4) foot high hedge, fence, or wall along the boundary of the more restrictive zone.

(b)

TYPE 2 BUFFER shall be defined as a thirty-five percent (35%) minimum area of the required side and rear yard building setbacks, abutting the property line, that shall be used solely for landscaping purposes. This buffer must consist of one tree per forty (40) linear feet of boundary plus a continuous four (4) foot high hedge, fence, or wall along the boundary of the more restrictive zone.

(c)

TYPE 3 BUFFER shall be defined as a twenty-five percent (25%) minimum area of the required front, side and rear yard building setbacks, abutting the property line, that shall be used solely for landscape purposes. This buffer must consist of one (1) tree per forty (40) linear feet of boundary plus a continuous four (4) foot high hedge, fence, or wall along the boundary of the more restrictive zone.

(d)

TYPE 4 BUFFER shall be defined as a thirty-five percent (35%) minimum area of the required front, side and rear yard building setbacks, abutting the property line, that shall be used solely for landscaping purposes. This buffer must consist of one tree per thirty (30) linear feet of boundary plus a continuous four (4) foot high hedge, fence, or wall along the boundary of the more restrictive zone.

* These are the minimum requirements. Additional landscaping is encouraged.

(Ord. 22-089. Passed 12-5-22.)

This landscaping section applies to the following zoning districts: Industrial, Manufacturing, and High Impact.

(a)

Buffer Yards: Within the buffer yard, a reasonable attempt shall be made to screen the more intensive land use from the less intensive land use through the installation of landscaping, mounding, and/or fencing materials. The following standards apply:

(1)

Applicability: The buffer yard standards only apply along the property lines (side and rear property lines included) where conflicting zoning districts meet.

(2)

Installation: The property that is being developed is responsible for installing the buffer yard.

(3)

Arrangement: Plant material shall be installed within the buffer yard such that visual breaks from less intensive land uses are no greater than ten (10) feet as measured perpendicular to the adjacent property line.

(4)

Minimum Depth: Buffer yards are required to be a minimum of one hundred-fifty percent (150%) of the side setback and rear setback for the zoning district.

(5)

Fencing or Mounding: In addition to the approved trees and shrubs standards, either fencing or mounding or a combination of both shall be installed as follows:

A.

A solid ornamental wall and/or fence along the entire length of the buffer yard shall be used for screening. The fence shall be installed along the edge of the buffer yard closest to the more intensive land use with the required landscaping outside the fence.

B.

Undulating mounds with a minimum height of four (4) feet and a maximum height of eight (8) feet shall be installed for a distance equivalent to sixty percent (60%) of the distance contiguous to the conflicting property. The mounds shall be installed along the edge of the buffer yard closest to the more intensive land use with the required landscaping on the outside or on top of the mound.

(6)

Screening: A reasonable attempt to screen the most obnoxious, noise producing, unsightly, tallest, most intrusive or most visible parts of buildings on the property should be made. Buffer yard plantings shall be sufficient to screen the less intensive use from unattractive views of the adjoining property, to prevent light pollution, and to dampen noise.

(Ord. 22-089. Passed 12-5-22.)

(See Section1143.17).

The following requirements shall apply to screening:

(a)

When required, screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the Planning and Zoning Commission. Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row of evergreen shrubs planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative screening may be approved by the Planning and Zoning Commission. Where a fence or wall is provided, it shall be a minimum of six (6) feet in height and plantings may be required at intervals along such fence or wall.

(b)

Screening of parking lots shall not be counted toward the interior landscaping requirement. When screening is required along the frontage of public streets, the Planning and Zoning Commission shall determine if the street tree requirement has been met.

See Sections1143.15and1143.16

(c)

Screening shall be required in the following instances:

(1)

Commercial and industrial uses shall be screened from adjacent residential and rural areas districts.

See Section1143.17

(2)

Parking lots consisting of five (5) spaces or more shall be screened from adjacent residential and rural areas districts.

See Section1143.17

(3)

Objectionable features including, but not limited to, the following uses shall be screened from adjacent residential and rural areas districts and public streets:

• Loading areas

• Refuse areas

• Storage yards

• Detention ponds

• Recreational facilities determined to be of objectionable character by the Building and Zoning Inspector other than children's play areas where visibility is necessary or passive recreation areas where visibility is desirable.

(4)

The Planning and Zoning Commission may require screening of any use, or portion thereof, upon determination that the use would otherwise have a negative visual impact on a property listed on the Historic Landmarks Register.

(Ord. 22-089. Passed 12-5-22.)

This Landscaping Standards Section applies to all zoning districts.

(a)

Landscape Credits: The reservation of an existing healthy tree shall continue an in-kind credit toward meeting the landscape requirements of this chapter. A credit shall be granted per tree that contributes to and satisfies similarly the intent of a particular section of this chapter. The following credits shall be granted for an existing tree as follows:

(1)

For each preserved deciduous tree over four (4) inches but less than eight (8) inches DBH (diameter at breast height), a credit for three (3) deciduous trees shall be granted.

(2)

For each preserved deciduous tree over eight (8) inches but less than twelve (12) inches DBH, a credit for four (4) deciduous trees shall be granted.

(3)

For each preserved deciduous tree over twelve (12) inches DBH, a credit for five (5) deciduous trees shall be granted. The Building and Zoning Inspector may grant larger credits for trees over twelve (12) inches DBH upon request.

(4)

For each preserved evergreen tree over six (6) feet tall but less than ten (10) feet tall shall be granted credit for two (2) evergreen trees.

(5)

For each preserved evergreen tree over ten (10) feet tall, there shall be granted credit for three (3) evergreen trees. The Building and Zoning Inspector may grant larger credits for evergreen trees over ten (10) feet tall upon request.

(b)

Tree Conservation: If preserving the natural landscape is chosen, prior to construction on or removal of trees from a wooded area, the following standards apply.

(1)

Provide a Tree Conservation Plan outlining strategies for retaining, protecting, and replanting trees on a site. (The Ohio Department of Natural Resources can provide guidance.)

(2)

Prepare a Tree Conservation Map that outlines existing tree cover, priority protection areas, proposed grading, and proposed protective devices.

(3)

Within the designated conservation areas, no trees with a DBH in excess of six (6) inches or evergreens eight (8) feet or more in height shall be removed from any lot unless trees are:

A.

Within the building site pad;

B.

Within fifteen (15) feet of the perimeter of the primary structure or accessory structures;

C.

Between the front of the primary structure and the interior roadway of the subdivision; and/or

D.

Required to be removed in order to comply with safety requirements of any governmental agency.

(4)

Tree retention areas shall be a minimum of thirty-five (35) feet wide and minimum contiguous area of ten thousand (10,000) square feet.

(5)

A builder who violates the Tree Conservation Plan once established and improperly removes trees shall be required to reestablish such trees consistent with the trees removed. For example, if a six-inch (6") DBH tree is removed, the builder may reestablish such tree by installing three (3) two-inch (2") DBH trees or two (2) three-inch (3") DBH trees to total the DBH of the tree removed.

(c)

Specimen Tree: Prior to construction around a specimen tree in a tree conservation area, the following standards apply:

(1)

Install highly visible (orange) construction fencing around the tree a minimum of twice the radius of the drip-line tree.

(2)

Avoid injuring roots with installing anchoring posts for fencing.

(3)

Signs should be posted clearly identifying the plant protection zone.

(4)

If a portion greater than thirty percent (30%) of the area within the drip-line is unavoidably impacted, applicant shall install a root aeration system, tree well, retaining wall, or raised boardwalk as appropriate permanent protection.

(Ord. 22-089. Passed 12-5-22.)

(a)

Installation. Landscaping plans and the improvements identified therein meeting the requirements of this Zoning Ordinance shall be completely installed no later than six (6) months subsequent to the date of issuance of a building permit. A single three (3) month extension may be granted by the Planning and Zoning Commission upon request of the applicant upon demonstration that such extension is warranted because of adverse weather conditions or unavailability of approved landscaping material. All landscaping material shall be installed in a sound, professional manner and according to accepted landscaping and planting procedures.

(b)

Maintenance. All landscaping material shall be maintained in proper and healthful condition. Property owners shall maintain landscaped areas in a proper, neat and orderly appearance, and free from refuse and debris. The Planning and Zoning Commission may call upon professionals from the public or private sectors to prepare a determination, the cost of which is to be borne by the applicant/owner as to the quality of maintenance undertaken by the applicant/owner and to forward a recommendation as to actions necessary to ensure compliance with this chapter. Upon issuance of a citation, corrective action shall be completed within sixty (60) days unless the Planning and Zoning Commission determines that weather constraints require one (1) additional sixty (60) day period. Failure to meet the requirements of this section shall constitute violation of the Zoning Ordinance and enforcement and penalty requirements shall apply.

(c)

Dead or Diseased Trees. It shall be unlawful for any property owner to maintain or permit to stand on his or her property, dead, diseased, damaged or alive, trees, shrubs, evergreen or other plants which are deemed by the Planning and Zoning Commission to be a menace to the public peace, health, and safety.

(Ord. 22-089. Passed 12-5-22.)

(a)

Purpose. The Village of West Jefferson recognizes the value of woodlands to the community in providing a rich and varied environment, watershed cover, soil protection, noise buffers, wildlife habitat, pollution purification, and a continuous supply of pure oxygen. Poorly planned development can lead to increased erosion and siltation, deterioration of water quality, loss of landscape diversity, increased danger of flooding, and reduced recreational opportunities. This section of the Zoning Ordinance is intended to preserve and protect the character and purpose of woodland areas.

(b)

Definition. For the purpose of this chapter, a woodland is defined as an area or stand of trees the majority of which are greater than twelve (12) inches caliper measured four (4) feet above grade and covering an area greater than one-quarter (1/4) acre; or groves of mature trees without regard to minimum area consisting of more than ten (10) individual specimens.

(c)

Permitted Uses. Land and buildings within woodlands shall be used only for the following purposes:

(1)

Single-family detached dwellings limited to minimum one (1) acre lots and the designation of permanent no-build zones amounting to sixty (60) percent of each lot.

(2)

Accessory buildings and uses in association with a permitted dwelling.

(3)

Public parks, open space and nature areas.

(4)

Agricultural pursuits that do not reduce the tree cover, such as maple sap tapping.

(d)

Development Standards. The following are minimum development standards, except where noted, and shall apply within woodlands in addition to the applicable development standards of the underlying zoning districts.

(1)

Maximum lot coverage for all structures and accessory buildings and uses shall be twenty (20) percent.

(2)

On-site waste water treatment and disposal and ground water generation shall not be permitted.

(3)

Soil types shall be appropriate and suitable for residential development.

(4)

Fire-retardant materials shall be used for exterior building treatment, including roofing which shall meet Class C requirements of the Ohio Building Code as amended.

(5)

Landscape materials shall be native to Central Ohio.

(6)

Applicable standards shall be met in corresponding sections of this Ordinance.

(e)

Landscaping Plan. The landscape plan, submittal requirements and all other requirements and standards of this section shall apply to all structures and uses proposed within a woodland. The landscaping plan shall contain a natural resources inventory showing type, size and location of all existing vegetation with a minimum caliper of six (6) inches, and soil and topographical information. In reviewing said landscaping plan, the Planning and Zoning Commission may call upon professional services from either the public or private sectors to assist in such evaluation.

(f)

Variance. The Planning and Zoning Commission may consider a request for a variance of the strict application of the requirement of this section, however, in doing so, the Planning and Zoning Commission may only consider variances for non-residential zoning districts and, in granting a variance, shall require on-site comparable replacement of all removed trees as per Section 1143.23.

(Ord. 22-089. Passed 12-5-22.)

(a)

Within the public right-of-way on public properties, and within the Down-Town Revitalization District, no person or entity other than the Village of West Jefferson shall plant tree, shrub, evergreen, or woody shrub, or other obstruction on public property, unless a Street Tree Permit is obtained from the Building and Zoning Inspector. The enforcement provisions of Chapter 1105 shall apply to this section.

(b)

Requirements for Trees Located on Village of West Jefferson Owned Public Property. The following are requirements for the planting, pruning and removal of trees within Village of West Jefferson owned property. For the purposes of this chapter, Village of West Jefferson owned property shall include all public ways, streets, alleys, parks, or other property owned by the Municipality.

(1)

It shall be required that all developers plant trees along the public streets of their developments in such a manner, type, quantity and location as approved by the Planning and Zoning Commission and as defined by the following conditions, and that any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.

A.

The tree to be planted shall not be of an undesirable tree species, as those listed on file with the Village of West Jefferson.

B.

The minimum spacing between trees shall be forty-five (45) feet for large trees, thirty-five (35) feet for medium trees and twenty-five (25) feet for small trees.

C.

The maximum spacing between trees shall be fifty (50) feet for large trees, forty (40) feet for medium trees and thirty (30) feet for small trees.

D.

The minimum distance between the tree and the edge of the street shall be two and one-half (2 1/2) feet for a large tree, two (2) feet for a medium tree, and one and one-half (1%) feet for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two (2) feet for a large tree, two (2) feet for a medium tree, and one and one-half (1 1/2) feet for a small tree.

E.

The location of the tree shall be at least twenty (20) feet from street intersections and ten (10) feet from fire hydrants or utility poles.

F.

A small tree shall be used when planting under or within the (10) lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten (10) to twenty (20) lateral feet of overhead utility wires.

G.

Developers shall be required to maintain the trees planted by them for one (1) year after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. A one (1) year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of the planting of street tree(s), the landscape contractor shall contact the Building and Zoning Inspector to schedule a preliminary site inspection. The one (1) year guarantee period shall begin on the date of the approval of the Building and Zoning Inspector. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection of the Building and Zoning Inspector shall be promptly replaced at the expense of the developer.

H.

The trees should be of one and the same genus and species and planted continuously down each street as recommended by the master plan.

I.

The minimum trunk caliper measured at six (6) inches above the ground for all street trees shall be no less than one and three-quarter (1 3/4) inches.

J.

Trees shall be of appropriate height as to not interfere with the advertising of adjacent retail or business establishments.

(c)

Tree Topping. No person shall, as a normal practice, top any tree within the public right-of-way without approval of the jurisdicting agency. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

(d)

Height of Limbs Over Sidewalks and Streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven (7) feet above the sidewalks. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.

(e)

Municipal Rights. The Village of West Jefferson shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes and other public grounds as may be necessary to ensure public safety or to preserve or enhance the environmental quality and beauty of such public grounds.

(f)

Reducing Tree-lawn. No person shall, by any type of construction, reduce the size of a tree-lawn without first securing permission from the Planning and Zoning Commission.

(g)

Violations. A person who removes, damages or causes to be removed a street tree from the tree-lawn or other public place shall be subject to the provisions and penalties of the Zoning Code of the Village of West Jefferson and/or shall be required to remove and replace the tree with a tree, at their own expense, of like caliper as approved by the Planning and Zoning Commission.

(h)

Utility companies shall provide written evidence to the Building and Zoning Inspector of adherence to established guidelines (as recommended by the National Arborists Association) for line-clearance work. These guidelines shall cover the following areas:

(1)

Tree trimming/pruning.

(2)

Tree removal.

(3)

Brushing.

(4)

Right-of-way clearance for new transmission conductors on private rights-of-way.

(5)

Chemical brush control and appropriate precautions.

(i)

Removal, Replanting and Replacement in Public Places.

(1)

Wherever it is necessary to remove a tree(s) or shrub(s) from any Village of West Jefferson owned property, in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley, or highway used for vehicular traffic, or any other reason, the person responsible for the paving, widening, or other activity shall endeavor to remove and replant such trees or shrubs, or replace them.

(2)

No adjacent property owner shall remove or cause to be removed any tree(s) or shrub(s) from the Village of West Jefferson owned tree-lawn, or other public place, as defined, for any purpose.

(j)

Public Tree Care.

(1)

The Village of West Jefferson shall have the right to plant, prune, maintain and remove trees, plants, and shrubs or portions thereof within Village of West Jefferson owned property as may be necessary to ensure public safety or to preserve or enhance the health of the plant material or the beauty of such public grounds.

(2)

The Building and Zoning Inspector will notify the adjacent property owner(s) of the Village of West Jefferson's intentions to remove the tree(s).

(3)

The Village shall have the right to enter private property to access trees adjacent to public areas for the purpose of proper pruning, after reasonable prior notice has been given to the property owner.

(4)

Unless issued a written permit by the Planning and Zoning Commission, no person shall attach any rope, wire, nails, advertising poster, or other contrivance to any tree on Village of West Jefferson owned property. No person shall permit any fire to burn where such fire or heat wherefrom, or heat from any source will injure any portion of any tree on Village of West Jefferson owned property. No person shall use herbicides or other chemicals on any trees, shrubs or evergreens on Village of West Jefferson owned property.

(5)

No person shall hinder, prevent, or interfere with the agents or employees of the Village of West Jefferson while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on Village of West Jefferson-owned property.

(6)

No person shall excavate any ditch, tunnel, trench, or lay any drive within a radius of ten (10) feet from any tree, shrub, evergreen, or other plant material standing on any Village of West Jefferson owned property.

(7)

It shall be unlawful for any person to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any Village of West Jefferson owned property.

(k)

Removal of Stumps. All stumps of street trees shall be removed twelve (12) inches below the surface of the ground. Stumps shall be removed or shall be ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored.

(l)

Arborist License and Bond. It shall be unlawful for any person or contractor to act as an arborist in the business or occupation of pruning, treating, or removing street trees within the Village of West Jefferson without providing documentation as a certified arborist or as the authorized representative of a certified arborist. Each applicant shall file evidence of possession of liability insurance in the minimum amount of $1,000,000.00 indemnifying the Village of West Jefferson or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(m)

Appeal Procedures. Any applicant aggrieved by a decision may appeal the decision to the Planning and Zoning Commission.

(Ord. 22-089. Passed 12-5-22.)