Woodville City Zoning Code

TITLE ONE

Zoning Regulations

1101.01 ENACTING CLAUSES.

The Council of the Village of Woodville, Sandusky County, Ohio, in accordance with enabling legislation for village zoning as provided in Ohio R. C. Chapter 713 hereby provides as follows.

(Ord. 13-87. Passed 7-27-87.)

1101.02 PURPOSE.

This Zoning Ordinance is adopted for the purpose of protecting and promoting public health, safety, morals, comfort and general welfare; conserving and protecting property and facilitating adequate but economical provision of public improvements; and amending the Zoning Resolution effective as amended to the date of the adoption of this amending Resolution, in each and every part thereof that is inconsistent with this amending resolution.

(Ord. 13-87. Passed 7-27-87.)

1101.03 INTERPRETATION AND CONFLICT.

In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Zoning Ordinance to interfere with or abrogate or annul any resolution, rules or regulations previously adopted or issued and not in conflict with any pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Zoning Ordinance; nor is it intended by this Zoning Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other resolutions or agreements, the provisions of this Zoning Ordinance shall control.

(Ord. 13-87. Passed 7-27-87.)

1101.04 COMPLIANCE WITH REGULATIONS.

(a) No building or structure shall be located, erected, constructed, reconstructed, enlarged or structurally altered except in conformity with the area, height and yard regulations of the district in which such building or structure is located.

(b) No building, structure or lot shall be used for any purpose other than that which is permitted in the district in which such building, structure or lot is located.

(c) No yard or other open space existing about any building or structure shall be so reduced in area or dimension as to make it less than the minimum required by this Zoning Ordinance.

(d) No lot held under one ownership at the time of the effective date of this Zoning Ordinance shall be reduced or subdivided in any manner below the minimum area and yard provisions required by this Zoning Ordinance.

(e) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as specifically provided hereinafter.

(Ord. 13-87. Passed 7-27-87.)

(f) Manufactured Home (permanently sited) and Condominium residential buildings can be located on a single lot under common ownership if required yard/building setback for the district are maintained.

(g) (1) Prior to beginning construction for any individual residential and/or commercial lot development(s), the proposed location and elevation of main building(s), and all proposed finished ground elevations associated with the lot(s) proposed for improvement, shall be field staked by a qualified engineer or surveyor, based on the approved development plans and specifications for the lot(s) on which the improvement is proposed.

(2) Upon completion of pre-construction staking, a pre-construction staking plan drawing of the lot(s) shall be provided to the zoning inspector with certification from the engineer or surveyor indicating that the proposed location and elevation of the main building(s), and all proposed finished ground elevations have been field staked in compliance with the approved development plans and specifications prior to beginning construction. The pre-construction staking plan drawing shall also include a signed statement of acceptance from the builder or general contractor for the development, acknowledging that pre-construction staking was satisfactorily completed prior to beginning construction.

(3) All pre-construction staking documentation/drawings provided to the zoning inspector shall be placed on file with the zoning permit for the development.

(4) The cost of all preconstruction staking, documentation/drawings and applicable permits shall be the sole responsibility of the owner of the lot or proposed development.

(Ord. 27-2002. Passed 10-7-02.)

(h) Exceptions to these regulations in specific cases may be authorized by the Board of Zoning Appeals where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Zoning Ordinance, providing such exception is in harmony with the general purpose and intent of the Zoning Ordinance, and in accordance with the procedures and provisions specified in Chapter 1159. Hardship shall be based on physical limitations of the land or structures and does not encompass financial considerations.

(Ord. 29-2001. Passed 8-20-01.)

(i) (1) Upon completion of foundation construction for any proposed building(s), and prior to the beginning of ground floor building construction, preliminary lot grading shall be completed to within six (6) inches of proposed finished ground elevations based on the approved development plans and specifications and the pre-construction staking plan drawing. Upon the completion of preliminary lot grading, an “as-built” drawing of the lot(s) shall be provided to the zoning inspector with certification from the engineer or surveyor indicating both the proposed and as-built location and elevation of the main building(s), and both the proposed and as-built finished ground elevations.

(2) All as-built documentation/drawings provided to the zoning inspector shall be placed on file with the zoning permit for the development.

(3) The cost of all as-built documentation/drawings and applicable permits shall be the sole responsibility of the owner of the lot or proposed development.
(Ord. 27-2002. Passed 10-7-02.)

1101.05 USES EXEMPTED FROM PROVISIONS OF ZONING ORDINANCE.

The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement of any building or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad for the operation of its business or the use of land for essential services as herein defined shall be permitted in all districts established by this Zoning Ordinance and no zoning certificate shall be required for any building or structure or for the use of any land essential to the operations of a public utility or railroad.

(Ord. 13-87. Passed 7-27-87.)

1101.06 VALIDITY.

If any article, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.

(Ord. 13-87. Passed 7-27-87.)

1101.07 EFFECTIVE DATE.

This Zoning Ordinance shall become effective from and after the date of its approval and adoption as provided by law.

(Ord. 13-87. Passed 7-27-87.)

1105.01 CUSTOMARY MEANINGS: TENSE, PLURAL AND SINGULAR.

Except where specifically defined herein, all words used in this Zoning Ordinance shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; and words in the singular number include the plural number; words in the masculine gender include the feminine and neuter genders; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". Any other term not defined herein shall be as defined by the Ohio Revised Code, or if no such definitions exists therein, such word shall be defined as commonly used in this community.

(Ord. 13-87. Passed 7-27-87.)

1105.02 DEFINITIONS.

(1) "Accessory building" means a subordinate building which is customarily incidental to and located on the same lot as the main or principal building, such as a detached garage or utility building within a residential zoning district.

(2) "Accessory use" means a use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use of building.

(3) "Administrative appeal" means an appeal to the Board of Zoning Appeals alleging that the Zoning Inspector or the authorized representative has erred in administration or enforcement of the Zoning Ordinance. An appeal may be filed by any person or any official of the Village aggrieved by the decision of the Zoning Inspector or the authorized representative in order to determine if the decision was in conformance with the Zoning Ordinance.

(4) "Agriculture" means commercial agriculture, animal husbandry or poultry husbandry; the production for a commercial purpose of field crops, tobacco, fruits, vegetables, timber, nursery stock, ornamental shrubs, ornamental trees, flowers or sod; or any combination of such husbandry or production.

(5) "Agricultural livestock" means animals raised for use or profit such as, but not limited to, the following animals commonly associated with local agriculture: horses, cattle, sheep, goats, chickens and hogs.

(6) "Alley" means a public thoroughfare less than thirty feet wide.

(7) "Alteration" as applied to a building or structure, means any change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side, or by an increase in height, or the moving of such building or structure from one location or position to another.

(8) "Apartment" means a building comprised of individual dwelling units.

(9) "Automatic car wash" means any structure or part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner, or a combination of both.

(10) "Automobile service station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles and may include greasing and oiling on the premises and replacement or installation of minor parts and motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling or major mechanical repair.

(11) "Automotive repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

(12) "Balcony" means a railing-enclosed platform projecting from the outer wall of a building.

(13) "Basement" means that portion of a building the floor of which is not less than two feet below grade and the ceiling of which is less than four feet and six inches above grade.

(14) "Billboard" means a sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.

(15) "Block" means a plot of land which is bounded on all its sides by public streets or places.

(16) "Board" means the Zoning Board of Appeals.

(17) "Boarding house" means a dwelling or part thereof, other than a hotel, or motel, or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

(18) "Board of Zoning Appeals" means the Board of Zoning Appeals of the Village of Woodville, Ohio.

(19) "Breezeway" means a roofed, open passage connecting two buildings.

(20) "Building" means a combination of materials to form a construction that is safe and stable, adapted to permanent or continuous occupancy by public, residence, business, assembly or storage purposes. The term "building" shall be construed as if followed by the words "or part thereof".

(21) "Building attached" means a building that is structurally connected to the principal building, including connections by a roofed, enclosed passageway.

(22) "Building area" means the portion of a lot that can be used for the erection of buildings excluding easement and setbacks.

(23) "Building height" means the vertical distance from grade to the highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one foot in four feet and six inches. "Height" of a building in stories does not include basements and cellars, except that the basement or cellar shall be deemed a story when used for purposes other than storage or heating. A basement shall be counted as a story for the purposes of height measurements if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet.

(24) "Building line" means the line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by the law.

(25) "Building, principal" means a building, including an attached garage, in which is conducted the main or principal use of the lot on which such building is situated.

(26) "Building utility" means a detached accessory building used for the purpose of storing equipment and materials and/or for housing parts of electrical, plumbing and heating services for the main building.

(27) "Bulk" means the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.

(28) "Business" means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise service.

(29) "Campground" means any tract of land upon which two or more portable camping units are placed, and includes any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such camp. A tract of land which is subdivided for lease or other contract of the individual lots is a campground if two or more portable camping units are place thereon for temporary habitation. "Campground" does not include any tract of land used solely for the storage or display for sale of portable camping units.

(30) "Carnival" means a traveling amusement show that temporarily locates in a defined area for a period of not more than fourteen days. Carnival must meet all State and local licensing requirements. For purposes of these regulations the terms "circuses" and "carnival" are interchangeable.

(31) "Cellar" means that portion of building the ceiling of which is entirely below or less than four feet six inches above grade.

(32) "Cemetery" means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes.

(33) "Clinic." See "professional office".

(34) "Commercial entertainment facilities" means any profit-making activity which is generally related to the entertainment field such as motion picture theaters, night-clubs, cocktail lounges and other similar activities.

(35) "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives and policies of the community and includes the official land use plan, the official thoroughfare plan, the community facilities plan and the open space plan for the Village.

(36) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.

(37) "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(Ord. 13-87. Passed 7-27-87.)

(38) “Condominium” means property in which one or more individual owned dwelling units are contained within a single building; and, the units are offered together with undivided interest in the common areas and facilities of the property. The condominium, as defined within these regulations, shall also comply with the declaration and other requirements of Ohio R.C. 5311.
(Ord. 29-2001. Passed 8-20-01.)

(39) "Convenience commercial" means a type of retail sales and service use involving local neighborhood oriented businesses which meets the day-to-day needs of families in an area. Such businesses would include a small grocery store, drug store, barber shop, beauty shop, beauty salon, laundromat and similar uses.

(40) "Council" means the Village Council of the Village of Woodville, Ohio.

(41) "Court" means an open unoccupied space, enclosed or partially enclosed by three or more intersecting walls of a building or buildings.

(42) "Court, inner" means a court surrounded on all sides by walls or by walls and a lot line which is not a street line.

(43) "Court, outer" means a court extending for its full width to an opening upon a street or yard.

(44) "Coverage" means that percentage of the lot area covered by the building area.

(45) "Curb level" means the officially established grade of the curb in front of the midpoint of the lot.

(46) "Day care center." See "Nursery school".

(47) "Density" (a unit of measurement) means the number of dwelling units per acres of land.

(48) "Density, gross" means the number of dwelling units per acres of the total land to be developed.

(49) "Density net" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use; i.e., street right of way and other publicly or community dedicated lands should be excluded from the calculation.

(50) "District" or "zoning district" means a section or sections of the Municipality for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the requirements of off-street parking and the intensity of use are uniform. Boundaries of the district are shown on the Zoning Map which is part of this Zoning Ordinance.

(51) "Drainageway" means a watercourse, gully, dry stream, creek or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by stormwater sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.

(52) "Drive-through commercial use" means a specific form of "commercial use" characterized by business transactions from a stopped, but not parked, vehicle within a structure or its extension.

(53) "Dump" means a lot or land or part thereof used primarily for the licensed disposal by abandonment, dumping, burial or burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

(54) "Dwelling" means any building or portion thereof designed or used as the residence of one or more persons, but not including a tent, cabin, travel trailer, treehouse or a room in a hotel or motel.

(55) "Dwelling unit" means a prescribed area within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities all used by only one family and its household employees.

(56) "Dwelling, multi-family" means a dwelling consisting of four or more dwelling units with varying arrangement of entrances and party walls, and designed for occupancy by families or unrelated individuals.

(57) "Dwelling, single-family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space and designed for occupancy exclusively by one family.

(58) "Easement" means authorization by a property owner for the use of by another and for a specified purpose, of any designated part of his property.

(58.1) “Engineer” means a registered engineer, as defined by the Registration Act of the State of Ohio.

(Ord. 27-2002. Passed 10-7-02.)

(59) "Family" means one or more persons related by blood, marriage or adoption who live together in one dwelling unit and maintain a common household, or not more than three persons not related by blood, marriage or adoption.

(60) "Fence" means an enclosure, barrier or screen whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular lot.

(61) "Floor area" means a floor space enclosed by interior walls, firewalls or fire partitions, or by a combination of them.

A. In particular, the "floor area" of a building or buildings shall include:

1. Basement space;

2. Elevator shafts and stairwells at each floor;

3. Floor space for mechanical equipment with structural headroom of seven feet and six inches or more;

4. Penthouses;

5. Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet and six inches or more;

6. Interior balconies and mezzanines;

7. Enclosed porches; and

8. Accessory uses, not including space for accessory off-street parking.

B. However, the "floor area" of a building shall not include:

1. Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths;

2. Elevator and stair bulkheads, accessory water tanks and cooling towers;

3. Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches;

4. Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches;

5. Uncovered steps;

6. Terraces, breezeways and open spaces;

7. Accessory off-street parking spaces; or

8. Accessory off-street loading berths up to two hundred percent (200%) of the amount required by Section 1121.03.

(62) "Floor area ratio of a building" means the quotient of the floor area of a building divided by its lot area.

(63) "Flood Hazard Boundary Map" means a map prepared by the Federal Emergency Management Agency identifying areas subject to the 100 year flood and used for obtaining flood insurance in the preliminary or emergency phase of the program.

(64) "Food processing" means the preparation, storage or processing of food products. Examples of this activity include bakeries, dairies, canneries and other similar business.

(65) "Garage, private" means a detached, fully enclosed building or portion of a principal building for the parking or temporary storage of vehicles, travel trailers and/or boats of the occupants of the premises and where not more than two spaces are rented for parking to persons not residents of the premises.

(66) "Garage, public" means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles and in which no servicing of the automobiles shall occur.

(67) "Garage sale" means a sale of household equipment, utensils, appliances, personal clothing or effects, or other similar personal property. Garage sales include yard sales, porch sales or other commonly used terms.

(68) "Height, story" means the vertical distance from top to top of two successive tiers of floor beams. (Ord. 13-87. Passed 7-27-87.)

(69) “Home occupation” means and shall be classified as either a home office or a home based business, further defined as follows:

A. Home Office. A secondary use of a residential dwelling for professional office activities. Typically the office use would be ancillary to business activity conducted elsewhere. Residences of accountants, architects, artists, authors, clergy, landscape architects, lawyers, professional engineers, professional land surveyors, real estate agents, teachers, or similar professions are examples of such use where the office would not involve use of special equipment or vehicles. A zoning permit is not required for this property use.

B. Home Based Business. A secondary use of a residential dwelling for business activities that does not meet the definition of a home office. A home based business is typically more intense than a home office and consists of a service-oriented commercial use that is still secondary to the residential use but may involve special equipment or vehicles. A conditional use permit is required for this property use. See Chapter 1133 for specific requirements and approval process for home based businesses.

(Ord. 22-2009. Passed 8-10-09.)

(70) " Hotel" means a building in which lodging or boarding is provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house or an apartment house which are herein separately defined.

(71) "Industrial use" means any use involving manufacturing, processing, testing and similar uses which may generate some objectionable characteristics, such as noise, smoke, dust or pollution.

(72) "Institution" means an organization for the promotion of a public or semi-public purpose such as one related to health, education, charity or religion.

(73) "Junk yard" means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation, or any land used for wrecking and not being restored to operating condition and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses.

(74) "Kennel" means any lot or premises on which four or more domesticated animals of the same species, more than four months of age are housed, groomed, bred, boarded, trained or sold and which may offer provisions of minor medical treatment.

(75) "Loading space, off-street" means spaces logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking area. All off-street loading spaces shall be located totally outside of any street or alley right of way.

(76) "Lot" means a portion of parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to the same. The street corporation boundary line of the Village shall be deemed the lot line of any parcel of ground abutting thereon.

(77) "Lot area" means the computed area contained within the lot lines, except the right of way.

(78) "Corner lot" means a lot at the intersection of two or more streets which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle less than 135 degrees.

(79) "Lot coverage" means the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.

(80) "Lot depth" means the distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
(Ord. 13-87. Passed 7-27-87.)

(81) "Lot frontage" means the distance along either a front lot line or an exterior side lot line.
(Ord. 31-2013. Passed 1-13-14.)

(82) "Lot, interior" means a lot other than a corner lot.
(Ord. 13-87. Passed 7-27-87.)

(83) A. "Lot line" means any line dividing one lot from another.

B. "Lot line, front" means the line dividing that part of the lot where the front of the principal structure faces from the public street right of way.
(Ord. 31-2013. Passed 1-13-14.)

(84) "Lot line, rear" means the lot line opposite and most distant from the front.
(Ord. 13-87. Passed 7-27-87.)

(85) "Lot line, side" means any lot line other than front or rear lot lines. A side lot line separating a lot from a public street right of way is called an "exterior side lot line". A side lot line separating a lot from another lot or lots is called an interior side lot line.
(Ord. 31-2013. Passed 1-13-14.)

(86) "Lot of record" means a lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which is recorded.

(87) "Lot, reverse" means a lot on which frontage is at right angles to the general pattern in the area. A reverse frontage lot may also be a corner lot.

(88) "Lot through" means a lot other than a corner lot which has frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

(89) "Lot width" means the width of the lot measured at the building setback line.

(90) "Manufacturing" means any production or industrial process, including food processing, which combines one or more raw materials or components into a product, or which changes the nature of the materials entering the process.

(91) "Manufacturing, general" means any manufacturing, industrial production or storage which by the nature of the materials, equipment and processes utilized are generally conducted within an enclosed building; and if outside storage of material is required, such storage is conducted within a well maintained enclosure which shall have an opaqueness of seventy-five percent (75%) or more. General manufacturing shall include the manufacture of dairy, canned fruit and vegetables, bakery, soft drink and confectionery products; textile mill products and apparel; lumberwood products, furniture and fixtures; plastic products; perfumes and cosmetics; fabricated products from metal coils and sheets; the rolling and finishing of ferrous and nonferrous metals; screw machine products and bolts, nuts, screws, and washers; cutlery, hand tools and general hardware; electrical machinery, equipment and supplies; radio and television sets; electronic components and accessories; and products of a similar nature.

(92) "Manufacturing, heavy" means any industrial use which requires building and open area for manufacturing, fabricating, processing, heavy repair, dismantling, storage or disposal of raw materials, manufactured products or wastes, which is not injurious to health or safety of humans or animals. Heavy manufacturing shall include primary metal industrial operations involving the use of blast furnaces, the rolling and finishing of ferrous and nonferrous metals, iron and steel foundries, primary and secondary smelting and refining facilities, metal plate and sheet fabricating facilities for metal plates and sheets and any other operations which shall be deemed to be of a similar nature. Heavy manufacturing shall also include the manufacture of food and meat products; paper and allied products; chemicals and allied products, including plastic materials, synthetic rubber and manmade fibers, soaps and detergents, paints and agricultural chemicals; petroleum refining and related industries, including production of paving and roofing materials, tire products, stone, clay and glass products and any other products of similar nature.

(93) "Metal salvaging and storage" means the salvaging of metal in all forms for sale and storage.

(94) "Mineral extraction and storage" means any mining, quarrying or storage of coal, limestone, clay or other mineral resources except sand and gravel.

(95) "Mineral processing" means the processing of coal, limestone, clay and other mineral resources except sand and gravel, provided no chemical change in the mineral is involved in the process.

(96) "Mobile home" means a non-self propelled vehicle so designed, constructed, reconstructed or added to by means of occupancy for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundations and used or so constructed to permit it being used as a conveyance upon the public streets and highways; and exceeding gross weight of 4,500 pounds and an overall length of thirty feet.

(97) "Mobile/manufactured homes, classification of."

1. Class A: A manufactured home certified as meeting either the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development or the Industrialized Unit requirements of the Ohio Board of Building Standards; which has the same siding materials and pitched shingled roofs as used on newly constructed conventional homes; and which is on a permanent foundation.

2. Class B: A manufactured home certified as meeting either the Manufactured Home Construction and Safety Standards of the U. S. Department of Housing and Urban Development or the Industrialized Unit requirements of the Ohio Board of Building Standards; which has a bowed metal roof and aluminium siding (the traditional "mobile home" appearance); and which is on a permanent foundation.

3. Class C: A noncertified manufactured home.

(98) "Mobile home park" means a tract of land which is used or intended to be used for the parking of two or more mobile homes.

(99) "Motel" means a building or group of buildings containing individual living and sleeping accommodations for hire, each with individual exterior entrances, primarily for the use of transient automobile travelers. The term "motel" also includes every type of similar establishment designated as a hotel, auto court, tourist court, tourist cabin, motor hotel, motor lodge, etc.

(100) "Nonconforming use" means the use of land or building, or portion thereof, which does not conform with the use regulations of the district in which it is located.

(101) "Nonconforming structure" means a structure, or portion thereof, which does not conform to the yard, density, height, bulk, parking or other regulations of the district in which it is located.

(102) "Nursing home" means a home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and personal assistance. A nursing home is licensed to provide personal assistance and skilled nursing care.

(103) "Nursery school" means a school conducted for profit that provides day care for pre-school children. Nursery schools and day care centers are considered the same under this Zoning Ordinance.

(104) "Off-street parking area" means a surfaced area, including driveways (but not including sidewalks, driving lane and driveway apron) designated for the parking of motor vehicles.

(105) "Parking space" means a paved area within a garage, main building or accessory building, a covered paved area such as a carport, or a dust-free surfaced area having the prescribed area, exclusive of ramps and driveways, permanently reserved for the parking or storage of one motor vehicle and connected with a street or alley by a dust-free surfaced driveway which affords satisfactory ingress and egress for motor vehicles.

(106) "Premises" means a lot together with all the buildings and uses thereon.

(107) "Permanent foundation" means a structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. For the purpose of this Zoning Ordinance, a permanent foundation requires walls at the exterior line of the trailer constructed on footers set below frost line and steel beams across these walls to weld or bolt the trailer frame to.

(108) "Permanent perimeter enclosure" means a foundation which forms a complete enclosure under exterior walls and includes a skirting, constructed of fire and weather-resistant materials, enclosing the entire undercarriage of the manufactured or mobile home.

(109) "Private club" means an association organized and operated not for profit for persons who are bona fide members paying annual dues; which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by members at their annual meeting. Food, meals and beverages may be served on the premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization and further provided that the sale of alcoholic beverages is in compliance with all applicable Federal, State, County and local laws.

(110) "Private street" means a street not dedicated to the Village.

(111) "Professional activities" means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers, and radio and television stations and towers.

(112) "Professional office" means any building or structure, the use of which is limited to providing professional services such as doctors, dentists, lawyers, accountants, architects, engineers and similar professions.

(113) "Public facility" means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants, or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electric, gas, transportation, communication, public water and sewerage services.

(114) "Public hearing" means a hearing held after legal notice has been published in a newspaper of general circulation.

(115) "Public uses" means public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

(116) "Recreational and utility equipment" as used in this Zoning Ordinance, this shall include the following:

A. "Boats and boat trailers" means boats, floats and rafts, plus the normal equipment to transport the same on the highway.

B. "Fold-tent trailer" or "folding camper" means a folding or collapsing structure, mounted on wheels and designed for travel, recreational or vacation uses.

C. "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle for travel, recreational or vacation use.

D. "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling.

E. "Snowmobiles", "all-terrain vehicles" etc. means self-propelled units designed to travel on land and/or water for recreational uses.

F. "Travel trailer" means a vehicular, portable structure, not over forty feet long or eight feet wide, designed to move on the highway, and also designed to be used as a temporary dwelling for travel, recreation and vacation use.

G. "Utility trailer" means a single-axle flat or box trailer designed for light hauling.

(117) "Residential social service facility" means a facility which provides residential services to a group of individuals, not exceeding eight of whom one or more are unrelated. This category includes uses licensed, supervised or under contract by any Federal, State, County or other political subdivision. The term "residential social service facility" includes, but is not limited to the following listed categories:

A. "Halfway houses" means residential homes for adolescents or adults who have been institutionalized and released or who have alcohol or drug problems which make operation in society difficult and who require the protection of a group setting.

B. "Intermediate care homes" means residential homes for children or adolescents who have been judged delinquent and have been assigned by a court to a residential home in lieu of placement in a correctional institution.

C. "Social care homes" means residential homes for children or adolescents who lack social maturity or have emotional problems and who have not been judged delinquent. These individuals may be physically handicapped, disabled or undergoing rehabilitation and are provided services to meet their needs.

(118) "Restaurant" means an establishment providing for the sale of prepared food products to the general public. Alcoholic beverages may be sold on the premises.

A. "Restaurant, carry-out" means an establishment whose primary function is the offering of food and beverages which are sold only inside the building, and are usually packaged to be carried and consumed off of the premises, but may be consumed within the restaurant building or on the premises.

B. "Restaurant, drive-in" means an establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.

C. "Restaurant, sit-down" means an establishment whose primary function is the offering of food and beverages which are sold and normally consumed within the restaurant building. Entertainment may be provided on the premises.

(119) "Retail sale and services" means an establishment which not only sells merchandise but provides service for the repair or replacement of that or other merchandise purchased or previously owned by consumers.

(120) "Satellite dish" means a structure erected for the purpose of receiving satellite television signals.

(121) "Screening" means a neat, orderly and healthy screen of evergreen plant material not less than three feet in height with an expected normal growth of at least five feet in height, protected by a galvanized wire link fence at least five feet in height. A wooden or masonry fence or other landscaping may be substituted for the screen and wire link fence when appropriate.

(122) "School for profit" means a school conducted for profit including but not limited to, music, dance, martial arts and driving.

(123) "Setback line" means the line to which a building is required to be set back from the street right-of-way line.

(124) "Sign" means a structure or any part thereof, or any device attached to or painted directly or indirectly on a building or structure or a parcel of land, and which shall display or include any letter, model, banner, pennant, insignia, device or other presentation to direct attention to a person, institution, organization, activity, place, object, project or business. The word "sign" includes the word billboard, but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, education, charitable, religious or like campaign, drive or movement or event.

(125) "Sign area" means the entire area within a single continuous perimeter enclosing the extra limits of the actual sign. It does include decorative trim and any structural elements outside the limits of such sign surface and forming an integral part of the display.

(126) "Sign, business" means a sign which directs attention to a business or profession conducted on the premises. A "For Sale" or a "To Let" sign relating to the property on which it is displayed shall be deemed a business sign.

(127) "Sign, flashing" means an illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.

(128) "Sign, illuminated" means a sign designed to give forth any artificial light, or designed to reflect such light derived from any source which is intended to cause such light or reflection.

(129) “Small Wind Energy System” means a wind energy conversion system which has a rated capacity approved by the Village Utilities Department Interconnect Agreement and which is intended primarily to reduce on-site consumption of utility power by the property owner. The system includes:

A. Tower not to exceed 60 feet high excluding turbine and blades, free standing, with no guy wires permitted. Access to climb the tower will be restricted by omission of climbing steps up to at least 10 feet or alternatively a minimum 6 foot high chain link fence around the tower is required.

B. Turbine including blades, generator and directional control tail if so equipped, suitable for use by residences or businesses as applicable, in any Zoning District.

C. Electrical controls for turbine energy control and safety.

(Ord. 24-2009. Passed 8-10-09.)

(130) "Specialized animal raising and care" means the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; and animal kennels, pigeon raising and raising of any other domestic animals or birds of a similar nature.

(131) "Story" means that portion of a building included between the upper surface of any floor and upper surface of the next floor above, or if there is no floor above, the portion between floor and the ceiling above and also any portion of a building used for human occupancy between the top most floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement is above grade level at the front of the building.

(132) "Street" means a highway dedicated or devoted to public use by legal mapping, use or other lawful manner, and includes avenue, road, alley, land, boulevard, terrace, concourse, driveway and sidewalk.

(133) "Structure" means a combination of materials forming a construction that is safe and stable and includes among other things, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio and television towers, water tanks and towers, trestles, piers, wharves, sheds, storage bins, walls, fences and display signs. The word "structure" shall be construed as if followed by the words "or part thereof".

(134) "Structural alteration" means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.

(135) "Structure, temporary" means structures of a temporary nature, erected for a period not to exceed six months for such uses as construction offices or storage buildings at a construction site.

(136) “Surveyor” means a registered surveyor, as defined by the Registration Act of the State of Ohio. (Ord. 27-2002. Passed 10-7-02.)

(137) "Swimming pool" means a pool, pond or open tank not located within a completely enclosed building and containing a depth of at least one and one-half feet of water at any point.

(138) "Variance" means a variation from a strict interpretation of the terms of the Zoning Ordinance owing to peculiar conditions or circumstances which apply only to the property in question, and no other. As used in the Zoning Ordinance, a variation is authorized only for height, area, yard or setback requirements.

(139) "Warehouse" means any building or structure which use is limited to the storage of equipment or material.

(140) "Wholesale establishment" means an establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.

(141) "Yard" means an open, unoccupied space on the same lot with a building, situated between a lot line and the parts of the main building, exclusive of cornices and uncovered porches, setting back from and nearest to such line.

(142) "Yard, front" means a yard extending across the front of a lot between the side lot lines and being the required minimum horizontal distance between the front lot line and the front of the principal building and/or accessory building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.

(Ord. 13-87. Passed 7-27-87.)

(143) A. "Yard, rear" means a yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the principal building and/or accessory building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.

B. "Yard, exterior side" means a yard between the principal building and/or accessory buildings and the exterior side lot line of a corner lot and extending from the required front yard to the rear lot line, being the minimum horizontal distance between the exterior side lot line and the principal and/or accessory buildings.

(144) "Yard, interior side" means a yard between the principal building and/or accessory buildings and the adjacent lot or lots and extending from the required front yard to the required rear yard, being the minimum horizontal distance between an interior side lot line and the principal building and/or accessory building.
(Ord. 31-2013. Passed 1-13-14.)

(145) "Zoning certificate" means the document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of the Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.

(Ord. 13-87. Passed 7-27-87.)

1109.01 CLASSIFICATION OF DISTRICTS.

The Village is hereby divided into districts under four general categories which shall be known as: Open Space Districts, Residential Districts, Commercial Districts, and Industrial Districts.

(Ord. 13-87. Passed 7-27-87.)

1109.02 OPEN SPACE DISTRICTS.

(a) S Special: Areas which are large public or semi-public holdings for recreation and conservation purposes.

(b) A Agriculture: Land which is level or gently rolling and is best reserved for agricultural and other rural purposes.

(Ord. 13-87. Passed 7-27-87.)

1109.03 RESIDENTIAL DISTRICTS.

(a) A-R Rural Residential: For low density residential development which may or may not have community water and sewerage services.

(b) R-1 Single-Family Residential: For medium density single-family residential development.

(d) R-3 Multi-Family Residential: For high density residential developments.

(Ord. 13-87. Passed 7-27-87.)

1109.04 COMMERCIAL DISTRICTS.

(a) C-1 Central Business: The purpose of the C-1 District is to encourage the viability of the commercial core of the Village. By locating more intensive commercial uses in close proximity to each other, each use will support and benefit the others.

(b) C-2 Highway and General Commercial: Areas along major highways or thoroughfares which provide sales and services oriented to highway travelers; or general businesses including sales and services for automotive, farm machinery, building trades, etc.

(Ord. 13-87. Passed 7-27-87.)

1109.05 INDUSTRIAL DISTRICTS.

(a) M-1 General Industrial: The purpose of the M-1 District is to allow for wholesale operations and limited nuisance industry.

(b) M-2 Heavy Industrial: Areas which are isolated from other urban uses and therefore can accommodate industrial uses which might cause detrimental effects in other areas.

(Ord. 13-87. Passed 7-27-87.)

1109.06 DISTRICT MAP.

(a) The boundaries of the districts are shown upon the map which is made a part of this Zoning Ordinance, which map is designated as the "District Map". The District Map and all of the notations, references and other information shown thereon, are a part of this Zoning Ordinance and have the same force and effect as if the District Map and all of the notations, references and other information shown thereon were all fully set forth or described herein, the original of which District Map is properly attested and is on file with Council.

(b) No changes of any nature shall be made on the official Map of the Village, after the date of adoption of this Zoning Ordinance, except in conformity with the procedures set forth in this Zoning Ordinance.

(c) In the event that the official District Map becomes damaged, destroyed or lost, Council may by resolution adopt a new official District Map which shall supersede the prior official District Map.

(Ord. 13-87. Passed 7-27-87.)

1109.07 DISTRICT BOUNDARIES.

(a) The district boundary lines on such map are intended to follow either centerlines of streets or alleys or lot lines; and where the districts designated on the Map are bounded approximately by such street, alley or lot lines, the street or alley or lot line shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the Map. In the case of unsubdivided property, the district boundary line shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions. In the case of the vacation of a street, alley, watercourse or other right of way, the abutting zoning classification on each side thereof shall automatically be extended to the centerline of such vacated street, alley, watercourse or right of way.

(b) Where boundaries appear to approximately follow such aforesaid lines and are not more than ten feet distant therefrom, such lines shall be construed to be the boundary lines unless specifically shown otherwise.

(Ord. 13-87. Passed 7-27-87.)

1113.01 PERMITTED AND CONDITIONAL USES.

The permitted and conditional uses for each district are shown in the following tabulations which shall constitute Article IV of the Zoning Resolution. The interpretation of uses given in categorical terms shall be as defined in Chapter 1105. Uses not specifically listed or interpreted by Council to be included categorically under this chapter and Chapter 1105 shall not be permitted, except by action of the Zoning Commission and Council.

S SPECIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Parks	Semi-public Uses
Public uses	Public service facility
Essential services	Commercial recreational facility
Accessory uses	Cemetery
Noncommercial recreational facility	Airports
Forestry	Sand and gravel extraction
Plant cultivation
Conservation and high interchange areas

A AGRICULTURE DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Single-family residence	Two-family dwelling
Agriculture	Restricted commercial recreational facilities
Agricultural livestock	Institutions
Plant cultivation	Cemetery and Associated Facilities
Forestry	Specialized animal raising and care
Farm vacation enterprises	Seasonal residence
Public uses	Commercial billboards
Semi-public uses	Home occupations
Public service facilities	Sand and gravel extraction
Essential services	Airports
Accessory uses	Oil and gas wells
Noncommercial recreational facilities	Greenhouses and nurseries
Stabling and care of horses, ponies	Topsoil removal
	Specialized animal raising and care

A-R RURAL RESIDENTIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Single-family dwelling	Two-family dwelling
Public uses	Noncommercial recreational facilities
Semi-public uses	Cemetery
Public service facility	Home occupations
Essential services	Agriculture
Accessory uses
Plant cultivation
Single-family condominiums

R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Single-family dwelling	Public service facility
Public uses	Home occupations
Semi-public uses	Noncommercial recreational facilities
Essential services
Accessory uses
Single-family condominiums

R-2 MIXED RESIDENTIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Single-family dwelling	Public service facility
Two-family dwelling	Noncommercial recreational facilities
Three-family dwelling	Nursery school
Public uses	Child care clinic
Essential services	Home occupations
Accessory uses	Conversion of dwellings to apartments
One or Two-family condominiums
Three-family condominiums

R-3 MULTI-FAMILY RESIDENTIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Duplexes, triplexes	Noncommercial recreational facilities
Multiple dwellings	Public service facility
Apartment buildings	Nursery school
Public uses	Child care clinic
Semi-public uses	Mobile homes
Essential services	Nursing homes
Accessory uses	Residential social service facility
Boarding houses
Multi-family (4 or more) Condominiums

C-1 CENTRAL BUSINESS DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Retail business	Outdoor advertising
Personal services	Wholesale business
Business services	Printing and Publishing
Professional Activities	Dwelling unit(s) on first floor of building
Offices
Banks
Automobile service stations
Restaurants
Commercial entertainment facilities
Public and semi-public uses
Essential services
Accessory uses
Dwelling unit(s) above the first floor of the building

C-2 HIGHWAY AND GENERAL COMMERCIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Retail business	Agriculture
Personal services	Outdoor advertising
Business services	Wholesale business
Professional activities	Kennels
Offices	Nursing home
Banks	Animal clinics
Automotive service	Bakeries
Automotive sales and repair	Dairies
Mortuaries	Commercial recreation
Public garage
Public and semi-public uses
Farm implement sales and service
Printing and publishing
Car wash
Convenience commercial
Drive-through commercial
Restaurants
Commercial entertainment
Other business uses not specifically covered by this Zoning Ordinance

M-1 GENERAL INDUSTRIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
General manufacturing	Agriculture
Manufacturing, sale and storage	Outdoor advertising
of building materials	Sand and gravel extraction
Transport and trucking terminals	Oil and gas wells
Wholesale business	Grain elevators and feed mills
Warehousing	Auto service stations
Bakeries
Dairies
Public service facility
Essential services
Accessory uses

M-2 HEAVY INDUSTRIAL DISTRICT
Permitted Uses	Conditional Uses Requiring Board Approval
Heavy manufacturing	Outdoor advertising
Laboratories	Metal salvaging and storage
Research and testing facilities	Junk yards
Automotive service stations	Waste disposal
Transport and trucking terminals	Oil and gas wells
Wholesale business	Reclaiming of rubber
Warehousing	Base metal processing
Food processing
Mineral extraction, storage and processing
Manufacture of lime, cement and chemical fertilizer
Public service facility
Essential services
Accessory uses

(Ord. 13-87. Passed 7-27-87; Ord. 37-00. Passed 10-30-00; Passed 29-01. Passed 8-20-01; Ord. 10-2021. Passed 6-14-21.).)

1117.01 BASIC YARD, AREA AND HEIGHT REQUIREMENTS.

DISTRICT	A	A-R	R-1	R-2	R-3	C-1	C-2	M-1	M-2	S
Minimum lot width (in feet)	100	100	75	75	75	20	60	100	100	NA
Minimum lot area (per family; in square feet)	20,000	20,000	8,500	6,000 (1) 3,000 (2+)	6,000 (1) 3,000 (2+)	NA	NA	NA	NA	NA
Minimum front yard (in feet)	30	30	30	30	30	NA	25	40	40	NA
Minimum rear yard (in feet)	35	35	35	35	40	NA	20	20	20	NA
Minimum side yard (one side)	15	15	7	9	9	NA	15	20	25	NA
Minimum side yard (total)	30	30	14	18	18	NA	30	40	50	NA
Maximum % lot coverage	25	25	25	30	40	100	50	60	60	NA
Maximum height (feet)	35	35	35	35	40	-	35	-	-	NA
Maximum height (stories)	2 1/2	2 1/2	2 1/2	2 1/2	3	-	3	-	-	NA

(Ord. 13-87. Passed 7-27-87.)

1117.02 FLOOR AREA REQUIREMENTS FOR DWELLINGS.

The floor area per family in dwellings erected on any lot shall not be less than that established by the following table. In determining floor area, only the area used for living quarters shall be counted. Garages, carports, porches and basements are to be excluded.

Minimum Floor Area per Each Family Unit in Square Feet
DISTRICT	Single family	Two/three family	Efficiency	1 Bedroom	2 bedrooms	3/more bdrms.	Average of all units in projects
A
one story	900	--	--	--	--	--	--
more than one story	1,200	--	--	--	--	--	--
A-R
one story	1,200	--	--	--	--	--	--
more than one story	1,500	--	--	--	--	--	--
R-1
one story	1,400	--	--	--	--	--	--
more than one story	1,700	--	--	--	--	--	--
R-2
one story	900	900	--	--	--	--	--
more than one story	1,200	1,100	--	--	--	--	--
R-3
1-3 stories	--	800	350	500	650	800	550

(Ord. 29-01. Passed 8-20-01.)

1117.03 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING A-R OR R DISTRICTS.

(a) Minimum Yard Requirements. Business and industrial buildings or uses shall not be located nor conducted closer to any lot line of an A-R or R District than the distance specified in the following schedule, except as provided in subsection (b) hereof:

Minimum Yard Abutting Any A-R or R District (in feet)
Side Yard	Rear Yard	Use
25	40	Access drives for nonresidential uses.
50	100	Churches, schools and public or semi-public buildings.
30	30	Recreation facilities, entertainment facilities, motels, all commercial uses and billboards.
40	100	All industrial uses except those listed below.
150	150	Outside sale or storage of building material or construction equipment, all industrial uses, except those listed below.
200	250	Auto, and metal salvage operations; mineral extraction, storage or processing.

(b) Landscaping or Screening Provisions. For nonresidential uses abutting A-R or R Districts, the minimum yards may be reduced to fifty percent (50%) of the requirements stated in subsection (a) hereof, if acceptable landscaping or screening approved by the Zoning Commission is provided. Such screening shall be a masonry or solid fence between four and six 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 fifty feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height. Parking of automobiles for nonresidential uses may be permitted within five feet of the boundaries of A-R and R Districts provided screening is installed as specified herein, subject to approval of a plan therefor by the Zoning Commission.

(Ord. 13-87. Passed 7-27-87.)

1117.04 HEIGHT REGULATIONS FOR INSTITUTIONAL, OFFICE, INDUSTRIAL AND APARTMENT BUILDINGS AND STRUCTURES.

(a) Institutional, industrial and apartment buildings with a height in excess of the maximum height specified in Section 1117.01 for such buildings may be permitted provided the required front, side and rear yards are increased by one foot for each foot of additional building height above the maximum specified in Section 1117.01, except that no building shall exceed a maximum height of sixty feet without prior approval of the Board of Zoning Appeals.

(b) 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, silos and similar structures, 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 aircraft at an established airport.

(Ord. 13-87. Passed 7-27-87.)

1117.05 EXISTING LOTS OF RECORD.

(a) Any lot of record fifty feet or wider existing at the effective date of this Zoning Ordinance in any A-R or R District may be used for the erection of a single-family dwelling even though its area and width are less than the minimum requirements set forth herein. Each side yard shall be a minimum of five feet. Where two adjacent lots of record with less than the required area and width are held by one owner, the Board may require that the lot be combined and used for one main building. In either case, the prevailing setback shall be met. Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Board may restrict the use of fewer lots to permit compliance with minimum yard requirements.

(b) Any lot of record in a C-2 District of fifty feet or wider existing at the effective date of this Zoning Ordinance may be used for the purpose that C-2 zoning allows.

(Ord. 13-87. Passed 7-27-87.)

1117.06 ARCHITECTURAL PROJECTIONS.

Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard.

(Ord. 13-87. Passed 7-27-87.)

1117.07 SETBACK OF BUILDINGS ON PRINCIPAL STREETS AND HIGHWAYS.

Along any State, Federal or major highway, or major street, no building or accessory building shall be located within sixty feet from the existing right of way of such highway or any proposed right of way of such highway or any proposed right-of-way lines.

(Ord. 13-87. Passed 7-27-87.)

1117.08 SPECIAL YARD REQUIREMENTS.

(a) Lots having frontage on more than one street shall provide the required front yard along the front lot line and meet one-half of the setback requirement on the other street but in no event less than twenty-five feet from the exterior side yard.

(b) No accessory buildings shall be located in any front or side yard except under unusual circumstances where such activity shall not conflict with the intent and purpose of this Zoning Ordinance; or, where enforcement shall result in extreme hardship. Either exception shall require approval of the Board. Accessory buildings such as garages may be located in the rear yard provided such buildings are set back at least three feet from the interior side lot lines and six feet from the rear lot lines. On corner lots accessory buildings must be set back at least as far as the principal building from the exterior side lot line.

(c) No accessory uses or structures, except off-street parking in driveway incident to the principal use, shall be located in any required front yard or exterior side yard.
(Ord. 28-2013. Passed 1-13-14.)

1117.09 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

In any district on any corner lot, no fence, structure, planting or any other visual barrier shall be erected or maintained within thirty feet of the corner at a height between two and one-half and ten feet above curb or street grade, or so as to interfere with traffic visibility across the corner. The corner shall be the point of intersection of the two right-of-way lines.

(Ord. 13-87. Passed 7-27-87.)

1121.01 OFF-STREET PARKING REQUIREMENTS.

(a) General Requirements. In all districts, in connection with every industrial, commercial, institutional, recreational, residential or 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) Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and shall be of usable shape and condition.

(2) There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling, and not less than twenty feet in width in all other cases, leading to the parking or storage or loading or unloading spaces required hereunder.

(3) Where the access drive for ingress and egress for adjacent lots is either shared between owners or is adjoining to another drive, no party shall erect or place a fence, screen, or other obstruction upon their property that prevents or impedes vehicular access to the property and/or dwelling of another.
(Ord. 23-2013. Passed 11-25-13.)

(b) Creation of an Additional Parking Lot. The creation of an additional parking lot, the expansion of an existing parking lot, or the realignment of parking spaces when not in conjunction with any other activity shall also require a zoning certificate.

(c) Parking Spaces Location. Parking spaces located within a garage structure, but not including sidewalks, driving lanes and driveway apron(s), may be computed as off-street parking spaces.

(d) Open Off-Street Parking. Except in residential districts, all open off-street parking areas shall be separated from public right of way by a space of at least four feet in width, and a six inch high curb shall be provided on the parking lot side of the four foot width. All open off-street parking areas shall be separated from the principal building by a six inch curb so as to maintain unobstructed a three foot corridor between the building and in front of the parked vehicle.

(e) Where there exist two principal uses on the same lot, the parking requirements of each use shall be totaled to determine the number of spaces required.

(f) In any district, required off-street automobile parking spaces shall be provided on a buildable portion of the same lot with the building on which spaces are incidental, but shall not be permitted within the front yard required, except that a driveway shall constitute one off-street parking space.
(Ord. 13-87. Passed 7-27-87.)

(g) Number of Spaces Required. The number of off-street parking spaces to be provided shall not be less than the following:

USE	PARKING SPACES REQUIRED
One-family units	2 for each dwelling
Two-family, three-family, multiple dwellings and mobile homes	2 for each dwelling unit
(Ord. 29-2001. Passed 8-20-01.)
Rooming or boarding house, tourist home, hotel or motel or dormitory	1 for each sleeping room or suite
Private club, golf club or lodge	1 for each four members
Church or temple	1 for each five seats in main auditorium
School (except high school or college)	1 for each five seats in auditorium or main assembly room, or two for each classroom, whichever is greater
College or high school	1 for each four seats in main auditorium or four for each classroom, whichever is greater
Community center, library, museum or art gallery	10 plus one additional for each 300 square feet of floor area in excess of 2,000 square feet
Commercial golf course	40 for each nine holes plus one for each employee
Hospital	1 for each bed
Sanitarium, convalescent home, home for the aged or similar institution	1 for each two beds
Theater or auditorium (except school auditorium), sport arena, stadium or gymnasium	1 for each five seats or each ten lineal feet of bench seating spaces
Bowling alley	5 for each lane, plus one additional space for each 200 square feet of area used for eating, drinking or other recreation
Mortuary or funeral home	1 for each fifty square feet of floor space in slumber rooms, parlors or individual funeral service rooms
Personal or professional services, restaurants, night clubs, cafes or similar recreation or amusement establishments, dance halls, assembly or exhibition halls, without fixed seats	1 for each seventy-five square feet of floor area
Retail business or business service establishment except as otherwise specified herein	1 for each 150 square feet of gross floor area plus one for each two employees on the maximum work shift
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service	2 plus one additional for each 200 square feet of floor area over 1,000 square feet
Printing or plumbing shop or similar service establishment	1 for each person employed therein
Manufacturing or industrial establishment, research or testing laboratory, dairy processing, bakery, bottling plant, warehouse or similar establishment	1 for each two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith

(h) Interpretation. The following rules shall govern the determination of spaces required:

(1) "Floor area" means the gross floor area of the specified use. Outside wall dimension shall be used in determining the area of the structure.

(2) Fractional numbers shall be increased to the next whole number.

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

(4) Whenever a building or use constructed or established after the effective date of this Zoning 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 Zoning Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, such building or use shall then and thereafter comply with the parking requirements set forth herein.

(5) One additional space of proper size and construction over and above the parking space requirements of this section shall be provided for each additional operational motor vehicle owned and/or continuously stored on a residential property by the resident or owner.

(i) Special Provisions for Destroyed Buildings. In the event that an existing business structure is destroyed by fire or other peril, then the owner shall have the option of rebuilding, on the property, a structure not to exceed in square footage the structure that was totally destroyed, in such a manner as to not decrease the number of parking spaces available, or to change the character or use of the properties so as to unduly burden the parking available to that property and adjoining properties.

(Ord. 13-87. Passed 7-27-87.)

1121.02 SPECIAL PARKING PROVISIONS.

(a) Compliance Required. Every parcel of land hereafter used as a public, commercial or private parking lot shall be developed and maintained in accordance with the following requirements.

(b) Screening and Landscaping.

(1) Off-street parking areas for more than ten vehicles shall be effectively screened on each side which adjoins or faces premises situated in any A-R or R District, or institutional premises, by a fence of acceptable design. Such fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon.

(2) The space between such wall or fence and the lot line of the adjoining premises in A-4 or R District shall be landscaped with grass, hardy shrub or evergreen ground cover and maintained in good condition. In lieu of such wall or fence, a strip of land not less than ten feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height, may be substituted.

(c) Minimum Distance and Setbacks. No part of any parking area for more than ten vehicles shall be closer than twenty feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless separated by an acceptable design screen. In no case shall any part of a parking area be closer than five feet to any established street or alley right of way. The wall or hedge required in subsection (b) hereof shall be setback from each street, the same as if it were a building wall, so as to observe the front yard requirements of this Zoning Ordinance.

(d) Joint Use. Tow or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement, approved by the Solicitor and accepted by the Board of Zoning Appeals shall be filed with the application for zoning certificates.

(e) Other Locations. Parking spaces may be located on a lot within 300 feet other than that containing the principal use with the approval of the Board of Zoning Appeals, provided a written agreement, approved by the Village Attorney and accepted by the Board of Zoning Appeals, shall be filed with the application for a zoning certificate.

(f) Surfacing. Any off-street parking area for more than ten vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.

(g) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any A-R or R District.

(Ord. 13-98. Passed 10-5-98.)

(h) Disabled Vehicles. The parking of a disabled or unlicensed vehicle within a residential district or commercial district for a period of more than two weeks shall be prohibited, except that such vehicle may be stored in an enclosed garage or other accessory building. Storage of a disabled or unlicensed vehicle, awaiting preparation for use or in process of repair, at an automotive repair or vehicle transport business or at a personal storage business is permitted if the vehicle is parked or stored in a fenced enclosure and maintained in a condition as specified by Ohio R.C. 505.173, Storage of Junk Motor Vehicles.

(Ord. 21-2011. Passed 8-22-11.)

(i) Tractor-Trailer Parking. No tractor-trailer or parts thereof shall be parked anywhere in a residential district unless located on a lot containing a bonafide industrial or commercial nonconforming use permit.

(Ord. 29-2001. Passed 8-20-01.)

1121.03 OFF-STREET LOADING REQUIREMENTS.

(a) In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or less, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, dry cleaning or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one off-street loading space, plus one additional such loading space for each additional 20,000 square feet or major fraction thereof of gross floor area when required because of the volume of receipt or distribution by vehicle of material or merchandise.

(b) Each loading space shall be ample to accommodate the largest vehicle anticipated.

(c) Subject to the limitations in Section 1117.04(a), such space may occupy all or any part of any required yard or court space.

(d) No such space shall be located closer than forty feet to any other lot in any A-R or R District, unless wholly within a completely enclosed building or unless enclosed on all sides facing lots or any A-R or R District by a wall or fence not less than six feet in height.

(Ord. 13-87. Passed 7-27-87.)

1122.01 PURPOSE.

(a) In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the following regulations are necessary to ensure that alternative energy systems are appropriately designed and safely sited and installed.

(b) This chapter establishes the regulations and criteria which allow compatible alternative energy systems to be located within the various land use districts in association with a principal use or structure. In the event of a conflict between the development standards in this subchapter and the development standards in the applicable use district, the standards of this subchapter are to be used.

(Ord. 3-2019. Passed 4-22-19.)

1122.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) ALTERNATIVE ENERGY SYSTEMS. Any structure or device used to convert, generate or harness alternative energy sources on site or for private use. No experimental, home-built, or prototype alternative energy system shall be allowed without certification of a professional engineer licensed by the State of Ohio.

(b) COMMERCIAL ALTERNATIVE ENERGY SYSTEM. A system having a faceplate capacity of 10 kW AC or more, and shall conform to the Ohio Building Code, Ohio Residential Code and the National Electrical Code. Under no circumstance shall any alternative energy systems provide power to electrical power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype alternative energy system shall be allowed without certification by a professional engineer licensed by the state. Any commercial alternative energy system is a conditionally permitted use in all zoning districts.

(c) COMMERCIAL WIND ENERGY SYSTEM. A system having more than one wind turbine and primarily used for on-site or private use, and having a faceplate capacity of 10 kW AC or more, and shall conform to the National Electrical Code. Under no circumstance shall wind energy systems provide power to electric power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype wind energy systems shall be allowed without certification by a professional engineer licensed by the state. Any commercial wind energy system is a conditionally permitted use in all zoning districts.

(d) GROUND MOUNTED SOLAR ENERGY SYSTEM. Any solar energy system in which a solar energy device is permanently affixed, or otherwise placed in any area other than the roof of a primary or accessory structure. Any solar energy system is a conditionally permitted use in all zoning districts.

(e) OUTDOOR FURNACE AND BOILER. Any device, appliance, or structure that is designed, intended and/or used to provide heat and/or hot water to any associated structure, and operates by burning wood or any other fuel.

(f) OUTDOOR GENERATOR. Any outdoor device used for emergency backup power during utility outages, including energy storage systems.

(g) RESIDENTIAL ALTERNATIVE ENERGY SYSTEM. A system having a faceplate capacity of 10 kW AC or less, and shall conform to the Ohio Building Code, Ohio Residential Code and the National Electrical Code. Under no circumstance shall any alternative energy systems provide power to electrical power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype alternative energy system shall be allowed without certification by a professional engineer licensed by the state. In residential zoning districts the capacity of the alternative energy system to be installed will be restricted to 120% or less of the average monthly usage of the metered electric of that property's last 12 months or 10 kW AC, whichever is less.

(h) ROOF MOUNTED SOLAR ENERGY SYSTEM. Any solar energy system in which a solar energy device is permanently affixed to the roof of a primary or accessory structure. Any roof mounted solar energy system is a conditionally permitted use in all zoning districts.

(i) SOLAR ENERGY DEVICE. Shall be defined as solar photovoltaic panel, solar photovoltaic collector, solar photovoltaic array, solar thermal panel or tubing or any similar device that relies on solar radiation as an energy source for the generation of electricity or transfer of stored heat for a principal or accessory structure.

(j) TOTAL HEIGHT- WIND ENERGY SYSTEM. Tower heights of not more than 60 feet shall be allowed on parcels of not less than the size required for the Zoning District wherein the system is proposed to be located. TOTAL HEIGHT for roof mounted systems means the distance from the point of roof attachment to the highest point any part of the wind energy system can reach.

(k) TOWER - WIND ENERGY SYSTEM. An elevating structure intended to raise the rotor, turbine and accessory equipment above either the ground surface or the top of a building.

(l) WIND ENERGY SYSTEM. A system designed to reduce the on-site consumption of municipal power, and having a faceplate power capacity of 10 kW AC or less, and shall conform to the National Electric Code. Under no circumstance shall noncommercial wind energy systems provide power to off-site buildings, structures, uses or other electric power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype wind energy systems shall be allowed without certification by a professional engineer licensed by the state. A WIND ENERGY SYSTEM includes any or all of the following components:

(1) A turbine with propeller-style blades;

(2) A vertical rotor;

(3) Other means of capturing the energy in moving air;

(4) A tower;

(5) A mounting structure;

( 6) Associated electrical distribution circuitry;

(7) A battery;

(8) Other means of storing energy;

(9) Other means of transmitting energy;

(I0) Mechanical control mechanism;

(11) Electrical/electronic/computer control circuitry;

(12) A foundation; and

(13) Enclosures.

Any wind energy system is a conditionally permitted use in all zoning districts.

(m) WIND TURBINE. A wind energy system that converts wind energy into electric energy by means of rotary motion driven by the passage of air through the wind energy system. Wind energy systems include those models designed to be mounted on rooftops of existing or new buildings, including residential applications.

(n) WIND TURBINE ROTOR. That portion of a wind turbine that includes the blades or scoops, hub and shaft.

(Ord. 3-2019. Passed 4-22-19.)

1122.03 APPLICABILITY.

(a) This chapter applies to all alternative energy systems as defined herein that are proposed to be constructed or located within the village after the effective date of this chapter.

(b) Any alternative energy system constructed or located prior to the effective date of this chapter will not be required to meet the provisions of this chapter, provided that any physical modifications to such pre-existing alternative energy system that materially alters the size, type and number of any such alternative energy system shall be required to comply with provisions of this subchapter. Pre-existing alternative energy systems that are destroyed or damaged to the extent they can no further operate shall not be reconstructed except in conformity with this chapter.

(Ord. 3-2019. Passed 4-22-19.)

1122.04 PERMIT REQUIREMENTS.

(a) No alternative energy system shall be erected or installed in the village until a zoning certificate of use has been issued by the village, Village Administrator/Zoning Inspector, a grid interconnection agreement or power contract has been signed by the Village Administrator/Zoning Inspector, and a zoning permit has been issued.

(b) Written application for an alternative energy system shall be made to the village. The application shall include:

(1) The address of the property and the name, address and telephone number of the owner and occupant of the property. The application will also include the name, address and telephone number of the licensed electrical contractor that will make all installations.

(2) A site plan of the property showing the exact location of the proposed alternative energy system, all existing utility lines specifically indicating overhead lines and all other structures on the premises.

(3) A description of the proposed system, including information regarding its construction, method of assembly and installation, to include a one-line drawing showing visible breaker, inverter, home service panel, bi-directional metering and utility connection.

(4) Plans showing the specifications and elevations ofthe proposed system.

(5) If the applicant is not the owner of the premises, the application shall include a statement by the owner giving the applicant written consent to install the system on the premises.

(c) No alternative energy system permit shall be issued, nor shall an alternative energy system be installed unless the following requirements are met:

(1) No alternative energy system shall be connected to the village municipal power system without properly executed grid interconnection agreement or power contract. Under no circumstances shall alternative energy systems provide power to off-site building(s), structures, uses or other power energy distribution systems (power grids) other than the village municipal power system. All installations will be performed by a licensed electrical contractor.

(2) All electrical control panels, as well as control equipment, shall be labeled and secured to prevent unauthorized access. All installations will include an external disconnect to allow for the isolation of the alternative energy system from the village municipal power system.

(3) All alternative energy systems shall be designed to conform to all the requirements of the Ohio Building Code, Ohio Residential Code, the National Electrical Code and all other applicable regulations. All alternative energy systems proposed to be connected to the village's municipal power system shall be net metered, and shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility-Interactive Applications.

(4) No alternative energy systems shall be installed without the approval of the village, Village Administrator/Zoning Inspector.

(5) Removal of an alternative energy system shall require notification to the village, the Village Administrator and the Village Electric Superintendent.

(6) Commercial alternative energy system applications shall include the identification of probable useful life of the alternative energy system, as well as a decommissioning plan for the alternative energy system.

(7) Commercial energy storage system applications shall include the identification of probable useful life of the energy storage system, as well as a decommissioning plan for the energy storage system.

(8) In alternative energy system applications residential districts that will be connected to a multi-family building the landlord will provide a signed agreement that states that installation will be for virtual net metering for all tenants.

(d) Fees.

(1) The permitted use permit application shall be made in compliance with this section, and shall be considered as an Accessory use/ Accessory building application incidental to the principal use which does not include any activity conducted as a business, except home occupation. The fee for such permit shall be the same as for other Accessory use/ Accessory building applications.

(2) The conditionally permitted use permit application shall be made in compliance with this section and Chapter 1137 of the Village Zoning Code which regulates conditionally permitted uses. The fee for such permit shall be the same as for other applications for conditionally permitted uses.

(Ord. 3-2019. Passed 4-22-19.)

1122.05 APPEALS AND VARIANCES.

(a) In the event that any application for a permit to install a proposed small wind energy system cannot or does not meet the general standards, as determined by the Village Administrator/ Zoning Inspector, a zoning variance will be required.

(b) The Zoning Board of Appeals shall conduct a public hearing when requested, and may grant a variance in conformity with Chapter 1159 of the Zoning Ordinance.

(Ord. 3-2019. Passed 4-22-19.)

1122.06 SOLAR ENERGY SYSTEMS.

(a) Permitted Use. Roof mounted solar energy systems adhering to the performance and design standards of this subchapter are permitted in all zoning districts.

(b) Conditionally Permitted. Ground mounted solar energy systems having a combined faceplate capacity of less than 10 kW AC or less shall be conditionally permitted in all zoning districts and shall meet all Accessory use/ Accessory building requirements. Commercial solar energy systems having a combined faceplate capacity of 10 kW AC or more shall be a conditionally permitted use in all zoning districts and shall meet all Accessory use/ Accessory building requirements.

(1) Location. No portion of any roof mounted solar energy system may extend below the roof line.

(2) Height. Roof mounted solar energy systems shall be either integrated into the roof layer or a separate flush mounted panel attached to the roof surface and shall not project vertically if installed on a pitched roof. The use of standard, low profile mounting hardware required to attach panels to a roof surface shall not be considered a projection. Panels or tubing installed on flat roofs may project vertically if not visible from any street.

(3) Appearance.

A. All roof mounted solar panels must have a non-reflective coating to minimize glare.

B. Roof mounted installations must be uniform in appearance and color.

C. All mounting brackets and related structural supports shall not extend more than three inches above the roof surface and shall be covered in a manner architecturally compatible with the building.

D. All wires and other associated appurtenances related to a solar energy system shall be installed below the roof line, in a secure location.

E. All solar energy systems shall have grid failure disconnection systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility-Interactive Applications.

F. All ground mounted solar energy system installations will be enclosed in fencing six feet in height in compliance with Chapter 1125.04, Fences and Planting Screens.

(d) Non-Use. Any solar energy system which complies with the terms of this chapter, but is not operable, excluding pending repair parts, shall be removed within six months. The property owner shall remove the solar energy system at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter-connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances, within the village, which requires that the failure of an owner to remove the inoperable solar energy system the Village may petition the Sandusky County Municipal Court to, among other remedies, abate the nuisance, require the owner to post a cash bond totaling the estimated abatement cost, and/or file a written statement of all costs and expenses incurred by the Village related to the abatement of the public nuisance with the court and submit a copy of the property owner. The property owner shall pay to the Village such amount as approved by the court, then such amount shall be entered by the Village upon the tax duplicate and shall be a lien upon such property from the date of entry and shall be collected as other taxes and returned to the General Fund of the Village. (Ord. 3-2019. Passed 4-22-19.)

1122.07 WIND ENERGY SYSTEMS.

(a) Applicability.

(1) This chapter applies to all wind energy systems as defined herein that are proposed to be constructed or located within the village after the effective date of this subchapter.

(2) Any wind energy system constructed or located prior to the effective date of this subchapter will not be required to meet the provisions of this subchapter, provided that any physical modifications to such pre-existing wind energy system that materially alters the size, type and number of any such wind energy systems shall be required to comply with provisions of this subchapter. Pre-existing wind energy systems that are destroyed or damaged to the extent they can no further operate shall not be reconstructed except in conformity with this subchapter.

(b) Conditionally Permitted. A wind energy system shall be considered a conditionally permitted use in all zoning districts and shall meet all Accessory use/ Accessory building requirements.

(1) No wind energy system shall be constructed or located within the village unless a permit has been issued to the applicant by the Village Administrator/Zoning Inspector. Application for a wind energy system shall be made on the same application as used for other zoning applications. No wind energy system shall be connected to the village municipal power system without a properly executed power contract or interconnection agreement.

(2) Any physical modifications to an existing and permitted wind energy system that materially alters the size, type and number of such systems shall require a new permit be issued. Like-kind replacements shall not require a permit modification.

(3) Commercial wind energy system applications shall include the identification of probable useful life of the wind energy system, as well as a decommissioning plan for the commercial wind energy system.

(4) An applicant who proposes to construct or locate a wind energy system, as defined in this subchapter, on a roof of an existing or new structure shall be required to apply for a conditionally permitted use permit.

(d) Wind Energy Electric System Requirements.

(1) Generally. The wind energy system, as defined, is permitted in all zoning districts.

(2) Setback. The setback for a wind energy system shall be determined based upon its total height. The minimum setback shall be 1.3 times the total height from the nearest property line, public right-of-way, utility corridor, and overhead public utilities, such as fiber optic, cable, telephone or electric lines. No wind energy systems shall be permitted in front yards.

(3) Tower heights of not more than 60 feet shall be allowed on parcels of not less than the size required for the Zoning District wherein they system is proposed to be located.

(4) The Small Wind Energy System shall be located in the rear yard and no part of the system may extend closer than 25 feet to the property boundaries of the installation.

(5) Design standards.

A. Tower design. The design of the tower, if any, shall be a single enclosed pole, which is freestanding, without guy wires, or an open lattice tower. When either type of tower is employed, it shall have anti-climbing protection. A single enclosed pole shall have no climbing rungs for the first 15 feet from the foundation. A lattice tower shall have fencing or other material of sufficient height to prevent climbing of the tower.

B. Minimum blade height. The minimum height of the lowest extent of the turbine blade shall be 30 feet above the foundation of the tower or 30 feet above any structure or obstacle within 30 feet horizontally from any part of the arc of the turbine blades.

C. Noise. No wind energy system shall generate sounds exceeding 45 Dba as measured 100 feet from the tower or mounting base. Noise generated from these systems shall also comply with existing village noise ordinances.

D. Visual appearance. Wind energy systems shall be finished in a corrosion-resistant, non-obtrusive finish and color that is non-reflective.

E. No wind energy system shall be lighted, unless required by FAA. No flags, streamers, decorations or advertising signs of any kind or nature shall be permitted on any system. All systems shall have a clearly visible warning sign at the base of the system warning of "High Voltage". All access doors to the wind energy system, if any, shall be locked to prevent entry by non-authorized personnel.

F. Electrical interconnections. All electrical interconnections and distribution electric lines shall be underground and comply with all applicable codes and requirements. Before any wind energy system may be installed, the owner shall first make application for interconnect to the village municipal power system with the Village Administrator's office, and also enter into a power interconnect agreement with the village. Both interconnect application and interconnect agreements forms are available from the Village Administrator's office. Under no circumstance shall wind energy systems provide power to off-site buildings; structures, uses or other electric power energy distribution systems (power grids) other than the village municipal power system.

G. Signal interference. No wind energy system shall cause material interference with television or other communication signals received from abutting property owners. Once determined that the system is causing interference, the owner shall take steps to filter, reflect or block any source causing such interference. Failure to correct the cause for interference may cause the village to terminate wind energy system use service until such time the interference is corrected.

H. Controls and brakes. All wind energy systems with external blades shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for over-speed protections.

I. Other requirements. Wind energy systems proposed to be connected to the village municipal power system shall be net metered, and all wind energy systems shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility-Interactive Applications.

(e) Permit Applications. Applications for a wind energy system are available from the Village Administrator, Utilities Office/Zoning and shall include the following information.

(1) Site plan. Site plan (map view) to scale showing the location of all of the components of the proposed wind energy system and the locations of all existing buildings, structures, property lines; overhead utilities, along with distances.

(2) Elevation drawings. Elevation (side view) drawings of the site to scale showing the height, design, and configuration of the system and the height and distance to all existing structures, buildings, overhead utilities, property lines.

(3) Structural drawings and engineering analysis. Structural drawings and engineering analysis of the system tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity, and a standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site. All roof top mounts and free standing tower type designs shall be certified by a registered professional engineer from the State of Ohio.

(4) Specific information. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of all parts of the system, including the name and address of the component manufacturers model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes.

All wind energy systems shall be designed to conform to all the requirements of the Ohio Building Code, Ohio Residential Code, the National Electrical Code and all other applicable regulations. All alternative energy systems proposed to be connected to the village's municipal power system shall be net metered, and shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility-Interactive Applications.

(5) Insurance. Property owners of a wind energy system shall maintain a current liability insurance policy which will cover installation and operation of the wind energy system at all times. The liability insurance policy shall, as a minimum, include covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Property owner shall provide a copy of a current policy and make part of the application for a wind energy system. Annually property owner and/or wind energy system owner shall be required to re-apply for a wind energy system permit which requires proof of liability insurance coverage.

(f) Non-use. Any wind energy system which complies with the terms of this chapter, but is not operable, excluding pending repair parts, shall be removed within six months. The property owner shall remove the wind energy system at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter-connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances, Chapter 1167, Violations and Penalties, within the village, which requires that the failure of an owner to remove an inoperable wind energy system the village may petition the Sandusky County Municipal Court to, among other remedies, abate the nuisance, require the owner to post a cash bond totaling the estimated abatement cost, and/or file a written statement of all costs and expenses incurred by the village related to the abatement of the public nuisance with the court and submit a copy to the property owner. The property owner shall pay to the village such amount of the costs and expenses of the written statement as approved by the court within 30 days after court approval. If the property owner fails or refuses to pay the village such amount as approved by the court, then such amount shall be entered by the village upon the tax duplicate and shall be a lien upon such property from the date of entry and shall be collected as other taxes and returned to the General Fund of the Village.

(g) Disconnection. All wind energy systems shall have grid failure disconnection system and shall adhere to the R.C. § 4928.67 and UL 6140-1 and National Electrical Code Article 705. (Ord. 3-2019. Passed 4-22-19.)

1122.08 OUTDOOR FURNACES AND BOILERS.

Wood or coal fired outdoor furnaces and boilers are not permitted in any village zoning districts. (Ord. 3-2019. Passed 4-22-19.)

1122.09 OUTDOOR GENERATORS.

(a) Permitted Use. Outdoor generators adhering to the following performance and design standards of this section are permitted uses in all zoning districts.

(b) Performance and Design Standards.

(1) Outdoor generators shall be used for backup or emergency purposes only and shall not run continuously except during utility outages. Outdoor generators are restricted to being gas, natural gas, diesel fuel, clean home heating oil, or propane fired and may not be wood or coal fired.

(2) All outdoor generators shall be located in the rear or side yard only and shall meet all Accessory use/Accessory building requirements of Chapter 1137, Conditional Uses of the Village Zoning Code and requirements of Village of Woodville Electric Rules and Regulations.

(3) No more than one outdoor generator shall be permitted per single-family dwelling and shall not exceed a faceplate rating up to 30kW AC, unless otherwise approved. No more than two units shall be permitted for multi-family dwelling and non-residential buildings.

(4) Outdoor generators shall be considered as an accessory use and shall meet all Accessory use/ Accessory building requirements of Accessory Use Regulations of the Village Zoning Code, Chapter 1105.2.

(5) Outdoor generators shall be installed at grade and in accordance with manufacturer standards.

(6) All outdoor generators shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility- Interactive Applications. (Ord. 3-2019. Passed 4-22-19.)

1122.10 MAINTENANCE AND NON-USE.

(a) All alternative energy systems and related components shall be properly maintained and kept in operation. Any alternative energy system that remains non-functional or inoperative for a continuous period of six months shall be deemed to be abandoned and shall constitute a public nuisance. This shall not include functioning systems used for backup power or emergency situations.

(b) Removal of the alternative energy system shall include the. removal of the entire structure, including foundations, transmission/interconnection equipment. Failure to remove the alternative energy system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances.

(Ord. 3-2019. Passed 4-22-19.)

1122.11 MODIFICATIONS TO ZONING CODE.

In the Village Zoning Code modifications will be made where appropriate to direct that Chapter 1122, Alternative Energy Systems, shall be included as being governed by the regulations of conditional zoning certificates.

(Ord. 3-2019. Passed 4-22-19.)

1122.99 PENALTY.

(a) Penalties for Violation. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this chapter, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1 00 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violations.

(b) Civil Action. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this chapter or any amendment thereto, the Village Council, the Village Solicitor, the Village Administrator/Zoning Inspector or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other appropriate action, enter proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(c) Remedies Cumulative. The exercise of the rights and remedies granted in this section shall in no way preclude or limit the village or any person from exercising any other right or remedy now or hereafter granted to them under the state law.

(Ord. 3-2019. Passed 4-22-19.)

1125.01 MOBILE HOME PARKS.

(a) No mobile home, trailer or similar portable residence or structure shall be permitted to locate in the Village except in a mobile home park, located in an R-3 District.

(b) The mobile home park shall conform to the following requirements:

(1) Shall contain a minimum of four acres.

(2) Shall provide an adequate supply of municipal water.

(3) Shall provide an adequate system of collective sanitary sewers, sewage treatment and disposal.

(4) Shall provide a clearly defined minimum lot area of 3,000 square feet with a minimum lot width of forty feet and 500 square feet of floor area for each mobile home or trailer.

(5) Shall provide a minimum twenty foot clearance between the individual mobile homes or trailers and a fifty foot setback from any property line bounding the mobile home park.

(6) All mobile home spaces shall abut upon a dustless surface driveway of not less than twenty feet in width, which shall have unobstructed access to a private or public street.

(7) A safe, useable recreation area shall be conveniently located in each mobile home park and shall not be less than twenty percent (20%) of the gross area of the tract, or three acres, whichever is the least.

(8) Shall conform to all Village, County and State Health Department requirements.

(9) Skirts shall be provided to screen space beneath mobile homes.

(10) Shall be landscaped with lawns and plantings, including appropriate trees.

(11) Mobile home parks shall be effectively screened on all sides by means of walls, fences or plantings except where the area is sufficiently removed from other urban uses as determined by the Board. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height may be substituted.

(Ord. 13-87. Passed 7-27-87.)

1125.02 PARKING AND STORING OF RECREATIONAL, UTILITY EQUIPMENT AND MOBILE HOMES.

(a) Parking and Storing of Recreational and Utility Equipment. Any owner of recreational and utility equipment may park or store such equipment on single-family residential property subject to the following conditions:

(1) Recreational and utility equipment parked or stored shall be owned by the occupant of the residence, shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes or any business conducted in connection therewith while such equipment is stored or parked.

(2) If the recreational or utility equipment is stored outside of a building it shall be located in the driveway, interior side yard, or rear yard and meet a minimum of thirty (30) feet front setback, three (3) feet interior side yard setback and three (3) feet rear yard setback and no closer to the public street right-of-way in an exterior side yard than the principal structure. The minimum required off-street parking spaces for automobiles must also be maintained on the residential lot while the recreational or utility equipment is stored outside.

A. In the months of May, June, July, August, September, and October recreational or utility equipment may be temporarily parked in the driveway outside of a building and out of the public right-of-way (without meeting district setback and minimum off-street parking space requirements) for no more than seven (7) consecutive days to allow preparation for use and unpacking and cleaning after use. At least twenty-four (24) hours off-premises is required before starting seven (7) days of temporary parking on-premises.

B. On one lot, there shall be no more than two (2) pieces of recreational or utility equipment either stored or parked outside at any time.

(3) Notwithstanding the provisions in subsection (a)(2) hereof, recreational and utility equipment may be parked anywhere on the premises for loading or unloading purposes for a period of not more than seventy-two (72) hours at any time during the year. At least twenty-four (24) hours off-premises are required before starting any on-premises loading or unloading. The Zoning Inspector may grant an extension of time.

(4) All recreational and utility equipment must be kept in good repair as determined by the Zoning Inspector.
(Ord. 29-2013. Passed 1-13-14.)

(b) Parking and Storage of Mobile Homes. Parking of a mobile home outside a mobile home park in any residential district for seventy-two hours or a longer period of time shall be prohibited. Mobile homes may be stored in an enclosed garage or other accessory building, provided that in all cases no living quarter shall be maintained or any business conducted in connection therewith while such trailer is stored or parked. The parking of a mobile home for less than seventy-two hours outside of an enclosed garage or another accessory building shall be permissible only after the Zoning Inspector has been notified of such intention.

(Ord. 13-87. Passed 7-27-87.)

1125.03 SWIMMING POOLS.

(a) Private Swimming Pools. A private swimming pool, not including farm ponds, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than 100 square feet, shall be allowed in any C, A-R or R District except as an accessory use and unless it complies with the following conditions and requirements:

(1) 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, and their guests.

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

(Ord. 13-87. Passed 7-27-87.)

(3) The swimming pool, or the entire property on which it is located, shall be so walled, fenced or if an above ground pool, rigid sided so as to prevent uncontrolled access by children from the street or from adjacent properties. Such fence, wall or rigid sided above ground pool shall be not less than forty-eight inches, nor more than ninety-six inches in height and maintained in good condition, with a gate and lock or if above ground a removable lockable ladder. (Ord. 25-2007. Passed 7-2-07.)

(b) Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:

(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

(2) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.

(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Such fence or wall shall not be less than six feet in height and maintained in good condition, with a gate and lock.

(Ord. 13-87. Passed 7-27-87.)

1125.04 FENCES AND PLANTING SCREENS.

(a) No fence, wall or screening shall be constructed, altered or extended within the side, rear or front yard setback without first obtaining approval either with an individual zoning certificate or as part of another application with which the fencing is only one portion of the project.

(Ord. 13-87. Passed 7-27-87.)

(b) In any residential district, fences or screening in front and exterior side yards extending from the principal building toward the public street right of way shall not exceed three feet above the established yard grade and must be of a decorative nature. Fences in interior side yards, bordered by the front and rear lines of the principal building, shall not exceed four feet above established grade. Rear yard fences shall not exceed six feet above established rear yard grade.
(Ord. 30-2013. Passed 1-13-14.)

(c) Commercial district fences are required to meet the same standards as subsection (b) hereof with the exception that decorative nature fences are not required.

(Ord. 33-2005. Passed 12-19-05.)

(d) Walls and fences up to eight feet in height shall be permitted in the immediate area of a swimming pool or patio in the interior of a lot. A zoning certificate is required.

(e) Walls and fences up to eight feet in height shall be permitted in all industrial zoned district. Screening may be required where the industrial zone is abutted by a residential zone. A zoning certificate is required.

(Ord. 13-87. Passed 7-27-87.)

(f) For purposes of this section decorative nature fence shall include split rail, picket, wrought iron and other wood and vinyl fences that meet the approval of the Zoning Inspector. Chain link and other industrial design fences are not permitted in front or exterior side yards.
(Ord. 30-2013. Passed 1-13-14.)

1125.05 DWELLING CONVERSIONS.

The conversions of any building to a dwelling unit, or the conversion of any building to accommodate an increased number of dwelling units or families shall be permitted if a permit is obtained and if the following conditions are met:

(a) Only within a district in which the new use is permitted according to this Zoning Ordinance;

(b) Provided that the yard dimensions still meet the yard dimensions required by this Zoning Ordinance for new structures in the districts;

(d) Provided that the off-street parking requirements for new construction are met or exceeded.

(Ord. 13-87. Passed 7-27-87.)

1125.06 ACCESSORY BUILDINGS OR STRUCTURES.

(a) Accessory buildings in all districts shall comply with the following:

(1) No accessory building or structure other than a fence may be erected within any required setback; and

(2) Accessory buildings or structures shall be included in the determination of the lot coverage and the floor area/lot ratio.

(b) Accessory buildings and structures in all residential districts shall comply with the following:

(1) No detached accessory building or structure other than a fence and detached garage may be erected in any yard other than a rear yard;

(2) No detached accessory building shall exceed fifteen feet in height; and

(3) Any accessory building, if not located in the rear yard, shall be attached to the principal building and shall be so placed as to meet all yard requirements for a principal building with the district.

(Ord. 13-87. Passed 7-27-87.)

1125.07 ANIMALS.

(a) Agricultural livestock, not located in an agricultural district, except as discussed in subsection (b) hereof, shall not be permitted in any zoning district.

(b) In any residential district, horses may be kept if the total lot area exceeds five acres, provided that no structure, pen or corral for such uses shall be within 100 feet of any lot line and a conditional use permit is obtained from the Zoning Board of Appeals.

(c) Any lot, building, structure, enclosure or premises wherein four or more dogs or four or more cats, four months of age or older are maintained shall be construed to be a kennel and shall not be permitted in any residential district.

(Ord. 13-87. Passed 7-27-87.)

1125.08 TREATMENT OF SEWAGE.

Sewage plants, package treatment plants or central treatment plants shall be fully housed in conformity with the development of the surrounding area. Prior to issuance of a zoning certificate, plans must be submitted to the Zoning Commission for approval.

(Ord. 13-87. Passed 7-27-87.)

1125.09 SATELLITE DISHES.

All satellite dishes larger than 18 inches in diameter are deemed an accessory use and are permitted in all districts provided that they are located in the rear yard and meet all setback requirements of the district. Satellite dishes less than 18 inches in diameter may be located in any yard providing the dish(es) meet setbacks for the district. A permit is required for satellite dishes larger than 18 inches in diameter.

(Ord. 29-2001. Passed 8-20-01.)

1125.10 CONDOMINIUM SETBACK REQUIREMENTS.

Condominiums permitted in the A-R, R-1, R-2 and R-3 districts established by Section 1113.01 shall comply with all setback requirements as if each structure were sited on an individual lot within the applicable district.

(Ord. 29-2001. Passed 8-20-01.)

1129.01 PERFORMANCE REQUIREMENTS.

(a) Requirements. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:

(1) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices that are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(2) Radioactivity or electrical disturbances. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

(3) Noise. Noise which is objectionable as determined by the Board because of intermittence, beat, frequency or shrillness, shall be muffled or otherwise controlled. Noises may equal but shall not exceed average street traffic noise during such periods that traffic noise exceeds the following decibel readings as measured at the boundary or boundaries of the district or at any point in any adjacent A-R or R District.

M-1 District	M-2 District	M-3 District
80 decibels	75 decibels	85 decibels

(4) Vibration. No continuous vibration shall be permitted which will have the effect of destroying adjoining property and which is found to be detrimental to the legal use of any adjoining lot or property.

(5) Smoke. Smoke shall not be emitted with a density greater than No. 2 on the Ringlemann chart as issued by the U.S. Bureau of Mines. Smoke of a density of No. 4 on the Ringlemann chart shall be permitted for a period of up to eight minutes in each hour, provided the following conditions exist:

A. Breakdown of equipment.

B. Starting new fires.

C. Clean-up time.

(6) Odors. No malodorous gas or matter shall be permitted which produces a public nuisance or hazard on any adjoining lot or property.

(7) Air pollution. No pollution of air by flyash, dust, vapor or other substances shall be permitted which can cause damage to health, animals, vegetation or other property, or which can cause damaging soiling.

(8) Glare. No direct or reflected glare shall be permitted which is visible from property outside an M district or from any public street, road or highway.

(9) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

(10) Water pollution. Pollution of water shall be subject to the requirements and regulations established by the State Water Pollution Control Board.

(11) Screening and landscaping. Screening shall be erected on each side which adjoins or faces premises situated in any A-R or R District, or institutional premises, by a fence of acceptable design. Such fence shall be not less than four feet or more than six 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 A-R or R District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

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

(c) Measurement Procedure. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists' Association, Inc., Washington, D. C.; and the United States Bureau of Mines.

(Ord. 13-87. Passed 7-27-87; Ord. 29-01. Passed 8-20-01.)

1129.02 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.

(a) Compliance Required. No sign shall be permitted in any district except as hereinafter provided.

(b) General Provisions.

(1) Signs not exceeding twelve square feet in area and advertising the sale, rental, or lease of the premises on which the sign is located shall be permitted on any property.

(2) Announcement or professional signs for home occupations and professional activities where permitted shall not exceed two square feet in area in a residential district.

(3) Bulletin boards and signs for a church, school, community or other public or semi-public institutional buildings shall be permitted provided the area of such bulletin board or sign shall not exceed fifteen square feet in area.

(4) Wall signs pertaining to a nonconforming use shall be permitted on the same premises of such use, provided the area of such signs does not exceed twenty square feet.

(5) No building wall shall be used for display of advertising except that pertaining to the use carried on within such building.

(6) Temporary signs not exceeding in the aggregate fifty square feet announcing special events or the erection of a building, the architect, the builders, contractors, etc., may be erected for the period of sixty days, plus construction period.

(7) Political campaign and garage sale signs shall conform to the following:

A. Be no larger than thirty-six by thirty-six inches except for billboards;

B. Be located outside the public rights of way;

C. Be removed within fifteen days following the election.

(8) No sign shall be placed in any public right of way except publicly owned signs, such as traffic control signs and directional signs. Notwithstanding the foregoing provisions, signs meeting the criteria set forth in Section 1129.02(h) and located within the sidewalk area of the Central Business District (C-1 ) shall be permitted.

(9) Any existing sign removed or altered must conform to the provisions of this Zoning Ordinance.

(1) In the foregoing districts, each business shall be permitted one flat or wall sign. Projection of wall signs shall not exceed two feet measured from the face of the main wall of the building.

(2) The area of all permanent advertising signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by such enterprise. For the purpose of this section, width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area of the sign.

(3) Free-standing signs with either a single display area or with back-to-back display areas not over ten feet in height, having a maximum total sign area of 100 square feet per display area and located not closer than ten feet to any street right-of-way line and not closer than 100 feet to any adjoining lot line may be erected to serve a group of business establishments. There shall be only one freestanding sign for each building, regardless of the number of businesses conducted in such building.

(4) Pole signs of symbolical design shall be permitted for business establishments including automobile service stations provided:

A. No part of such sign shall project into the right of way of any street or highway.

B. The maximum area of any face of such sign shall not exceed forty- five square feet.

C. The pole support of the sign shall not be less than fifty feet from any lot in any residential district.

(5) All permanent advertising signs for any single business enterprise may have an area equivalent to one and one-half square feet of sign area for each lineal foot of width of building, or part of a building, occupied by such enterprise, but shall not exceed a maximum area of 100 square feet. In computing the area of freestanding or protruding signs, all faces on which advertising is displayed are considered sign area.

(d) Central Business District (C-1). The area of all permanent advertising signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by such enterprise. For the purpose of this section, width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area of the sign.

(1) Central Business District (C-1) flush mount wall signs.

A. The area of all permanent advertising signs for any single business enterprise may have an area equivalent to one and one-half square feet of sign area for each lineal foot of width of building, or part of a building, occupied by such enterprise, but shall not exceed a maximum area of 100 square feet.

B. Projection from the surface to which the sign is mounted cannot exceed 12 inches.

C. Height must be such that no interference with pedestrian traffic can occur and must be mounted a minimum of seven feet high off the walkway.

D. Illumination of sign is allowed providing it adheres to the restrictions set forth under Section 1129.02(e), Illumination.

(2) Central Business District (C-1) awnings/canopies.

A. The width of any awning/canopy can be no larger than the building to which it is mounted.

B. Plans for awning/canopy arrangement must be approved by the Zoning Inspector prior to installation.

C. Any material is permissible, provided it does not pose a safety hazard to pedestrian traffic below and meets the following:

1. Non-flexible material awnings must be mounted a minimum of eight feet above walkway.

2. Flexible material may be mounted seven feet above walkway providing the stationary object to which it is attached is eight feet above the walkway.

D. Projection of canopy/awning may not exceed four feet from the building surface to which it is attached.

E. Illumination is allowed providing it adheres to the restrictions set forth under Section 1129.02(e), Illumination.

F. Advertising on awning/canopy may have an area equivalent to one and one-half square feet of sign area for each lineal foot of width of awning/canopy.

(3) Central Business District (C-1) wall mounted perpendicular signs.

A. Plans for perpendicular sign arrangement must be approved by the Zoning Inspector prior to installation.

B. Projection of sign may not exceed three feet from the building surface to which it is attached.

C. Bottom of sign must be a minimum of eight feet above walkway surface.

D. Must be readable from both directions.

E. Must be permanently attached to wall and adhered in such a fashion that movement is prevented.

F. Total square feet of sign cannot exceed 20 square feet.

G. Illumination of sign is allowed providing it adheres to the restrictions set forth under section 1129.02(e), Illumination.

(4) Combination signing.

A. Plans for a combination sign arrangement must be approved by the Zoning Inspector prior to installation.

B. Any business may utilize any combination of signs described provided that all individual guidelines are met and 100 square feet total is not exceeded.

(5) There shall be no pole signs permitted in the Central Business District

(C-1).

(6) Portable advertising; flags, banners. and sidewalk A-frames.

A. This subsection is applicable to the C-1 District only.

B. Permit is required.

C. Except for sidewalk A-frames, all flags and banners must be attached to the business in which the advertising medium is in regards.

D. May only be displayed during business hours.

E. Must be placed in such a fashion as to not interfere with pedestrian traffic on sidewalks.

F. A limit of two per business of any combination of flags, banners, and sidewalk A frame.

G. Sidewalk A-frames are only permitted under the following conditions:

1. Maximum size is six square feet per side with a maximum of two sides.

2. Must be readable from both sides.

3. Must be collapsible and of such a weight that allows for removal after business hours.

4. Placement must be in front of the building in which the advertising business resides.

5. Liability lies on the particular business the sign is advertising.

6. Must be placed in such a fashion as to not interfere with pedestrian traffic on sidewalks or traffic on streets.

7. Besides self-contained lighting (battery powered), illumination is prohibited; also no flashing lights or simulated movement.

(e) Illumination. The following provisions shall be observed in the illumination of signs and advertising structure:

(1) All signs and advertising structures except as hereinafter modified may be illuminated internally or by reflected light provided the source of light is not directly visible and is so arranged as to reflect away from adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights.

(2) No illumination involving movement or causing the illusion of movement by reason of the lighting arrangement or other devices shall be permitted which may cause confusion or a hazard to traffic or conflict with traffic control signs or lights.

(f) Setback Requirements. Except in C-2, M-1 and M-2 Districts, sign and outdoor advertising structures, excluding pole and symbolical signs, where permitted shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district except for the following modifications:

(1) For every square foot by which such sign or outdoor advertising structure exceeds eighty square feet, such setback shall be increased by one-half foot not to exceed 100 feet.

(2) At the intersection of any State or Federal highway with a major or secondary street, the setback of any sign or outdoor advertising structure shall not be less than 100 feet from the established right-of-way of each highway or street.

(3) Real estate signs and bulletin boards for a church, school or any other public or semi-public, religious or educational institution may be erected not less than ten feet from the established right-of-way line of any street or highway provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.

(g) Special Yard Provisions. The following special provisions shall be observed in the erection or placement of signs and outdoor advertising structures:

(1) No such sign or advertising structure shall be permitted which faces the front side lot line of any lot in any residential district within 100 feet of such lot line, or which faces any public or parochial school, library, church or similar institution, within 300 feet thereof.

(2) Signs and advertising structures where permitted shall be erected or placed in conformity with the side and rear yard requirements of the district in which located except no signs or advertising structure shall be erected or placed closer than within fifty feet to a side or rear lot line in any residential district.

(h) Temporary Signs.

(1) Temporary signs not exceeding fifty square feet in surface area may be erected for a period of sixty days. Any person or firm erecting a temporary sign under this section shall notify the Zoning Inspector in writing so that the sixty-day period can be established.

(2) Portable advertising for events, of the type resembling marquee billboards whether illuminated or not is permissible with a permit for a period of no longer than three days and must be removed within 24 hours after the event.

(i) Permits.

(1) A separate permit shall be required for the erection of signs regulated in this Zoning Ordinance, except that no permit shall be required for temporary real estate signs with an area of twelve square feet for the sale or lease of property and for small announcement signs with an area of less that six square feet. Announcement signs, except those for professional and home occupations, shall be removed by the person or persons responsible for posting sign within ten days after completion of such scheduled event.

(2) Each application for a sign permit shall be accompanied by a drawing showing the design proposed; the size, character and color of letters, lines and symbols; method of illumination; the exact location of the sign in relation to the building and property; the details and specifications for construction. The fee as established by Council shall accompany the application.

(j) Exemptions.

(1) Public notices, traffic control signs and other official signs and notices are exempt from the provisions of this section.

(2) All former provisions of any ordinance inconsistent with this section are hereby expressly repealed.

(Ord. 16-2007. Passed 5-7-07.)

1129.03 MINERAL EXTRACTION, STORAGE AND PROCESSING.

The extraction, storage and processing of minerals shall be conducted in accordance with the following requirements:

(a) Extraction, storage and processing of minerals of all types shall be permitted in districts as specified in the use regulations of Chapter 1113.

(b) All additions to existing mineral processing plants and new mineral processing plants shall employ recognized equipment of the industry in question to minimize objectionable elements or conditions adversely affecting the surrounding properties. Operations of the equipment shall comply with the standards promulgated by the industry.

(c) Other mineral extraction and processing in an M-2 District shall not be constructed closer than 500 feet from any existing residence or any A-R or R District so zoned prior to the establishment of the adjacent M-2 District, nor closer than 200 feet from any structure used for human occupancy in any district.

(d) A stone or earthen barrier, wall or fence shall be erected to encompass extraction operations and serve as a screen and mode of protection for the public. Earthen barriers should be placed with grass, ground cover or other plantings.

(e) Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed within one year of their becoming vacant.

(f) At the time of a request for rezoning for mineral extraction purposes the operator shall file with the Zoning Inspector a detailed map of at least 200 feet to the inch scale, which clearly shows areas to be mined and the location of adjacent properties, roads and natural features. The operator shall submit information on the anticipated depth of excavations and on depth and probable effect on the existing water table.

(Ord. 13-87. Passed 7-27-87; Ord. 29-01. Passed 8-20-01.)

1129.04 AUTOMOBILE WRECKING AND METAL SALVAGING, SALES AND STORAGE.

(a) The dismantling or wrecking of automobiles or the salvaging of metal materials for the sale or storage of the salvaged parts or material shall be permitted only in an M-2 District only after a conditional use permit has been granted by the Board of Zoning Appeals.

(b) Junk storage and sales shall be effectively screened on all sides by means of walls, fences or plantings. Walls or fences shall be a minimum of eight feet in height with no advertising thereon. In lieu of such wall or fence, a strip of land not less than fifteen feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six feet in height may be substituted. Storage of materials shall not exceed the height of the screening.

(Ord. 13-87. Passed 7-27-87; Ord. 29-01. Passed 8-20-01.)

1129.05 TEMPORARY BUILDINGS.

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

(Ord. 13-87. Passed 7-27-87.)

1129.06 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.

(a) The open storage and display of material and equipment incident to permitted or conditional uses in C or M Districts shall be permitted provided the area used for open storage and display shall be effectively screened from all adjoining properties in any A-R or R district by means of walls, fences or plantings. In no case shall this storage be maintained beyond the front building line except for items displayed for sale or rental. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting may be substituted.

(Ord. 13-87. Passed 7-27-87; Ord. 29-01. Passed 8-20-01.)

(b) The temporary open storage of contractors’ equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a special permit authorized by the Board of Zoning Appeals. No other open storage of construction, farm and roadway equipment, outside of a building, shall be permitted in any residential zoning district.
(Ord. 29-2001. Passed 8-20-01.)

1129.07 TREATMENT OF SEWAGE.

(Ord. 13-87. Passed 7-27-87.)

1129.08 SATELLITE DISHES.

All satellite dishes larger than 18 inches in diameter are deemed an accessory use and are permitted in all districts provided they are located in the rear yard and meet all setback requirements of the district. Satellite dishes less than 18 inches in diameter may be located in any yard providing the dish(es) meet setbacks for the district. A permit is required for satellite dishes larger than 18 inches in diameter.

(Ord. 29-2001. Passed 8-20-01.)

1133.01 PURPOSE.

The purpose of this section is to permit commercial uses in residentially zoned areas provided that the uses are compatible with the residential character of the neighborhood.

(Ord. 13-87. Passed 7-27-87.)

1133.02 GENERAL STANDARDS.

(a) Home occupations are classified as either home offices or home based businesses.

(b) Home offices are permitted uses in residentially zoned areas of the Village and are defined at Section 1105.02(69).

(c) Home Based Businesses are conditionally permitted uses in residentially zoned areas of the Village and must be approved by the Board of Zoning Appeals in accordance with the requirements and procedures of this chapter.

(d) Home based businesses shall meet the following requirements:

(1) A home based business shall be confined to the dwelling or an accessory building.

(2) No more than one additional (non-resident) person, other than persons residing in the dwelling, shall be engaged in the business.

(3) The use of the dwelling unit for the home based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling shall be used in the conduct of the home based business.

(4) There shall be no change to the outside appearance of the dwelling or premises, no outside storage of materials incidental to the home based business, nor other visible evidence of the conduct of such home based business, other than one (1) sign not exceeding two (2) square feet in area affixed to the dwelling or accessory building and non-illuminated.

(5) No traffic shall be generated by such home based business in greater volume than would be expected in a residential neighborhood and any need for parking generated by conduct of such home based business shall meet off-street parking requirements as specified in the parking requirement section of the Zoning Ordinance. (Chapter 1121.)

(6) No equipment or process shall be used in such home based business which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or which causes fluctuations in line voltage off the premises.

(7) The home based business will be evaluated periodically by the Village Utility Department which may require a general service (GS) rate, as determined by the evaluation. (Ord. 23-2009. Passed 8-10-09.)

1133.03 HOME OCCUPATION APPROVAL PROCESS.

(a) The home occupation approval process shall consist of the following steps:

(1) Submission of a completed application, materials and fees to the Office of the Zoning Inspector;

(2) Approval by the Board of Zoning Appeals; and

(3) Issuance of the zoning certificate by the Zoning Inspector in accordance with the requirements of the Board of Zoning Appeals.

(b) Applications for the home occupation shall be obtained from the office of the Zoning Inspector and when completed shall be returned to that office. The application shall consist of the completed form, other required materials and the required fee.

(c) The Zoning Inspector upon receipt of the application shall transmit the completed application form to the Board of Zoning Appeals within three working days.

(d) The Board of Zoning Appeals shall hold a public hearing to consider the application.

(e) The Board of Zoning Appeals shall approve, approve with modification or deny the application within sixty days after transmittal by the Zoning Inspector.

(f) Approval shall not be granted unless all requirements of the district in which the proposed home occupation is to be located are met; and no new nonconformities would be created by the approval of the home occupation.

(g) Any change in the home occupation shall require prior approval of the Board of Zoning Appeals in accordance with the process described in this section.

(h) The Board of Zoning Appeals may prescribe appropriate conditions and safeguards with respect to the location, maintenance and operation, in addition to those described in this Zoning Ordinance so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.

(i) The Zoning Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board of Zoning Appeals.

(Ord. 13-87. Passed 7-27-87.)

1133.04 EXPIRATION OF THE HOME OCCUPATION APPROVAL.

The approval of the home occupation shall expire if within six months after approval of the operation of the home occupation has not begun or if the home occupation is discontinued for a period of six consecutive months.

(Ord. 13-87. Passed 7-27-87.)

1133.05 APPEALS FROM THE BOARD OF ZONING APPEALS.

Appeals from the Board's decision shall be made to Council in the manner prescribed in this Zoning Ordinance.

(Ord. 13-87. Passed 7-27-87.)

1137.01 PURPOSE.

(a) Until recent years the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more use districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with conclusive experience regarding some of the older, familiar kinds of uses call for a more flexible and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, and are dependent upon the functional characteristics of the use, competitive situations and the availability of land. Certain kinds of uses need to be reasonably controlled by specific requirements that provide practical latitude for the investor but at the same time, maintain adequate provision for the security of the health, safety, convenience, comfort, prosperity or general welfare of the community's inhabitants.

(b) In order to accomplish such a dual objective, provision is made in this Zoning Ordinance for a more detailed consideration of each conditionally permitted use as it relates to location, design, size, method of operation and intensity of land use, which in turn affects the volume of traffic generated and traffic movements, the concentration of population and the kinds of public facilities and services it requires. Land and structure uses possessing these particularly unique characteristics are designated as conditionally permitted uses and are permitted through the issuance of a conditional zoning certificate with conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

(Ord. 13-87. Passed 7-27-87.)

1137.02 PROCEDURES FOR MAKING APPLICATION.

(a) Application Data. Application shall be submitted to the Zoning Board of Appeals and it shall contain the following data:

(1) The form supplied by the Zoning Board of Appeals completed by the applicant.

(2) A site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and the uses proposed.

(3) The fee payment for conditional zoning certificates shall be submitted with the application and in accordance with the fee structure established by the Board of Township Trustees.

(b) Review by Zoning Board of Appeals. The Zoning Board of Appeals shall review the proposed development as presented on the submitted plans and specifications in terms of the standards established in this Zoning Ordinance. Such review shall be completed and made public within forty-five days.

(c) Hearing. After adequate review and study of any application the Zoning Board of Appeals shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation, at least ten days prior to the date of the hearing. Such notices shall indicate the place, time and subject of the hearing.

(d) Reapplication. No application for a conditional zoning certificate which had been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Zoning Board of Appeals.

(e) Issuance and Revocation of Conditional Zoning Certificate. Only upon conclusion of hearing procedures relative to a particular application may the Zoning Board of Appeals issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as specified in this Ordinance.

(f) Approval of Plans for Conditional Zoning Certificate. No conditional zoning certificate shall be issued for the use of the land in any district unless the plans have been approved by the Zoning Board of Appeals. The Board of Zoning Appeals may refer plans submitted to the Zoning Commission for its comments and recommendations and may formally consider such recommendations prior to approval or disapproval of the plan.

(Ord. 13-87. Passed 7-27-87.)

1137.03 STANDARDS AND REQUIREMENTS FOR CONDITIONAL USES.

The Zoning Board of Appeals shall establishes beyond reasonable doubt that both the general standards and the specific requirements pertinent to each conditional use indicated herein shall be satisfied by the establishment and operation of the proposed conditional use. The Zoning Board of Appeals may also impose such additional conditions and safeguards as it deems necessary for the general welfare, for the protection of individual property rights and for ensuring that the intent and objectives of this Zoning Ordinance will be observed.

(Ord. 13-87. Passed 7-27-87.)

1137.04 GENERAL REQUIREMENTS.

The Zoning Board of Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that such use of the proposed location:

(a) Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan;

(b) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area;

(d) Will not be detrimental to property in the immediate vicinity or to the community as a whole;

(e) Will be served adequately by essential public facilities and services;

(f) Will be in compliance with the Subdivision Regulations, the Board of Health Standards and the Building Code if there are such requirements;

(g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.

The Zoning Board of Appeals shall require as conditions of approval any other requirements, including guarantees that any conditions will be fulfilled, that it deems necessary to fulfill the purposes and intent of this Zoning Ordinance.

(Ord. 13-87. Passed 7-27-87.)

1141.01 PURPOSE.

The purpose of this chapter is to:

(a) Define the legal status of buildings or land uses which do not conform to this Zoning Ordinance but which were in operation prior to the enactment of this Zoning Ordinance; and

(b) To provide either for the conversion of nonconforming uses into conforming uses as soon as reasonably possible or for their eventual and equitable elimination.

(Ord. 13-87. Passed 7-27-87.)

1141.02 REGULATIONS.

The lawful use of any building or land existing prior to the enactment of this Zoning Ordinance may be continued, although such use does not conform with the provisions of this Zoning Ordinance; however, to achieve the purposes of this section the following regulations shall apply:

(a) Expansion. A building or structure containing a nonconforming use may be altered, improved or reconstructed provided such work is not to an extent exceeding thirty percent (30%) total increase in the size of the nonconforming building or structure.

(b) Restoration. Whenever a building, the use of which does not conform to the provisions of this Zoning Ordinance, is damaged by fire, explosion or act of God, it may be restored to its original dimensions if reconstructed within eighteen months for residences and their accessory buildings/uses and twenty-four months for all other structures.

(c) Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a building or structure shall be permitted when approved by the Board of Appeals.

(d) Displacement. No nonconforming use shall displace a conforming use.

(e) Change in Use. No nonconforming use may be changed to another nonconforming use unless the Board of Appeals determines that the proposed nonconforming use is in the same zoning district uses as the prior nonconforming use or in the uses listed as permitted in a more restricted zoning district. Public hearing, notices, etc., are required.

(f) Discontinuance and Abandonment. Whenever a nonconforming use has been discontinued for a period of two years or more, such discontinuance shall be considered legal abandonment of the nonconforming use. At the end of that two year period, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Zoning Ordinance.

(g) A Change of Zoning Districts. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein.

(h) Construction Approval Prior to Zoning Ordinance. Nothing in this Zoning Ordinance shall prohibit the completion of the construction and use of nonconforming buildings for which construction was commenced before the adoption of this Zoning Ordinance provided that the construction is carried on diligently and without interruption and that the entire building shall have been completed within two years after the beginning of construction.

(i) Nonconforming Conditional Uses. Uses existing prior to the enactment of this Zoning Ordinance which are listed as conditional uses in the district in which they are located shall be considered as nonconforming uses until a conditional zoning certificate has been applied for and issued for such use.

(Ord. 13-87. Passed 7-27-87.)

1145.01 GENERAL PROVISIONS.

(a) Intent. The intent of this section is to permit greater flexibility in the design of an area than is possible within the conventional zoning regulations. The use of this district promotes more economical and efficient use of the land while providing a harmonious variety of housing types, a higher level of urban amenities and the preservation of natural scenic qualities of open spaces.

(b) Conflict With Other Sections. Whenever there is a conflict or difference between the provisions of this section and those of other sections of this Zoning Ordinance, the provisions of this section shall prevail.

(c) Permitted Uses. Residential and commercial uses only shall be permitted in this district provided that all pertinent requirements are met or exceeded.

(Ord. 13-87. Passed 7-27-87.)

1145.02 GENERAL REQUIREMENTS.

(a) Minimum Project Area. The minimum size for a PUD District shall be eight contiguous acres.

(b) Relation to Streets. The PUD District shall be located and designed to conform with existing traffic patterns and limitations on the surrounding public streets.

(c) Utilities. The PUD District shall be served adequately by public facilities and services; or the persons responsible for the proposed PUD shall be able to provide adequate services.

(d) Common Open Space. There shall be a minimum area equal to twenty percent (20%) of the PUD District reserved for use as common open space. This common open space may consist of pedestrian walkways, drainage ways, swimming pools and ponds, parklands, open areas for play, scenic areas, clubhouses, tennis courts or other designated play areas, and other open area exclusive of off-street parking areas and streets or alleys. The ownership of this common open space shall be transferred to a legally established homeowners' association.

(e) Minimum Lot and Building Requirements for Residential Development. Lot, setback and building requirements of the R-2 Mixed Residential District shall apply to the one-, two- and three-family and to the townhouse/rowhouse type residential development within the PUD District.

(f) Lot, setback and building requirements of the R-3 Multi-Family Residential District shall apply to all other multiple-family type residential developments. However, to permit the efficient design of common open space areas:

(1) The lot area and lot coverage per dwelling unit may be reduced by not more than forty percent (40%).

(2) Lot widths may be varied.

(3) Building setback lines may be varied.

(4) Each foot of building height over the maximum height regulations shall cause the required distance between the building and the side and rear property line of the PUD District to be increased by one foot.

(5) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.

(g) The entire area proposed for the PUD District must be owned, leased or controlled by a single individual, partnership or corporation.

(Ord. 13-87. Passed 7-27-87.)

1145.03 COMMERCIAL USES.

Commercial uses and buildings may be included within the proposed PUD. The permitted uses and lot, building and setback requirements found in the C-2 Highway and General Commercial District shall apply to the commercial uses and buildings in the PUD District. In addition, the following design standards shall apply:

(a) The commercial uses and structures shall be clustered to provide common parking and ingress and egress points to reduce the number of intersections.

(b) Any combination of screens and landscaping shall be provided on the perimeter of the commercial areas abutting on any residential areas.

(c) The commercial areas shall be provided with adequate and properly arranged facilities for internal traffic circulation, landscaping and other such features and facilities necessary to make the project attractive and efficient for the residential development. The design of the structures shall be harmonious with the design of the residential areas within the PUD.

(d) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.

(e) Variations from the lot, setback and building requirements may be permitted when necessary to allow for a more efficient design of the proposed PUD. However, each foot of building height over the maximum height regulations shall cause the required distance between the building and the side and rear property line of the PUD District to be increased by one foot.

(Ord. 13-87. Passed 7-27-87.)

1145.04 PUD APPROVAL PROCESS.

(a) The PUD approval process, as a combined zoning amendment and subdivision approval, consists of the following steps:

(1) Submission of completed application, materials and fees to the office of the Zoning Inspector.

(2) Approval of the PUD concept plan by the Planning Commission. The approval of the concept plan constitutes the preliminary plat approval.

(3) Approval of the PUD site development plan by the Planning Commission. The approval of the site development plan constitutes a recommendation of the Township Trustees of approval of the proposed zoning amendment.

(4) Approval of the site development plan by the Township Trustees. Approval of the site development plan is also the final plat approval; approval also creates the PUD District.

(5) Issuance of the zoning certificates by the Zoning Inspector in accordance with the approved site development plan.

(b) Applications for PUD approval may be obtained from the Zoning Inspector, and when completed, three copies of the application and the PUD concept plan shall be returned to the Zoning Inspector. The application shall consist of the application form, the required fees, material required for an application for a zoning amendment, the material required for preliminary plat approval, and in addition the following material which shall constitute the PUD concept plan:

(1) Location of different general land use areas proposed to be developed;

(2) Proposed density levels of each residential area, excluding common open spaces;

(3) Proposed treatment of existing topography, drainage ways and tree cover;

(4) Time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two-year period; and

(5) Any other materials or information requested by the Planning Commission.

(c) The Planning Commission shall adhere to the procedures found in Chapter 1163 in preparing the recommendation concerning the PUD site development plan. The process begins with the application and concept plan and is completed with the recommendation to the Township Trustees concerning the site development plan.

(d) The Planning Commission, in order to approve the concept plan, must determine that:

(1) The relaxation of the conventional zoning standards is warranted by the design and other amenities incorporated into the proposal and are consistent with intent and purpose of this chapter to promote the public health, safety and general welfare of the residents of the Township but could not be accomplished using the conventional zoning standards; and

(2) The provisions of Sections 1145.01 through 1145.04 where appropriate, have been met.

(3) Approval of the PUD concept plan shall also be considered as the preliminary plat approval.

(e) The approval of the PUD concept plan and the preliminary plat shall remain in effect for a period of two years from the date of approval. They shall become null and void unless the PUD site development plan for the first section of the planned unit landholding has been formally approved by the Planning Commission within that two year period.

(f) Once the PUD concept plan has been approved by the Planning Commission, the owner/developer shall submit three copies of the PUD site development plan to the Planning Commission for their approval, approval with modifications, or denial. The PUD site development plan shall bear the signature of a professional engineer and shall be in accordance with the approved concept plan. The site development plan shall contain:

(1) A survey of the tract to be developed showing existing physical features such as general topography, drainage ways, tree cover, street, easements and utility lines; and

(2) Preliminary building plans, including floor plans and exterior elevations.

(g) Prior to approval of the site development plan, the Planning Commission must determine that:

(1) The proposed PUD site development plan is in compliance with the approved PUD concept plan;

(2) Any part of the PUD District not used for structures, parking and loading areas, or streets, including those areas that are proposed for future development, shall be landscaped or otherwise improved.

(3) All requirements of Sections 1145.01 through 1145.04 are met.

(h) The Planning Commission shall submit its recommendation to the Trustees within three days after its approval of the PUD site development plan. The Trustees shall approve, approve with modifications, or deny the site development plan within sixty days of receipt.

(1) Trustee approval of the site development plan shall be considered as the final plat approval.

(2) Trustee approval of the site development plan shall also be considered as approval of the PUD Zoning Amendment.

(i) The Trustees shall adhere to the procedures found in Chapter 1163.

(j) Prior to granting approval of the site development plan, the Trustees shall be satisfied that the following conditions are met:

(1) That the PUD District is in conformance with the comprehensive plan for the County;

(2) That each individual unit of the development, as well as the total development can exist as an independent unit and that the uses proposed will have a beneficial effect which could not be achieved with conventional zoning;

(3) That the internal street and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated on the official thoroughfare plan of the County;

(4) That the minimum common open space area has been designated and shall be duly transferred to a legally established home owner's association or at the request of the Trustees has been dedicated to, and accepted by the Township.

(5) That the PUD site development plan is consistent with the intent and purpose of the Zoning Ordinance, to promote public health, safety and general welfare of the residents of the Township.

(k) In taking action, the Trustees may deny the PUD site development plan or may recommend approval of the plan subject to specified conditions. Approval of the PUD site development plan shall constitute the creation of a separate Planned Unit Development Zoning District.

(l) At the time of adopting any ordinance establishing a PUD District and approving the site development plan, the Trustees shall make appropriate arrangements with the owner/developer which will ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved PUD site development plan.

(m) Zoning certificates shall be issued by the Zoning Inspector and shall be required for each individual structure. Zoning certificates shall be issued only in compliance with the approved PUD site development plan.

(n) If no construction has begun within two years after approval of the site development plan, it becomes null and void.

(Ord. 13-87. Passed 7-27-87.)

1145.05 AMENDMENTS TO THE APPROVED SITE DEVELOPMENT PLAN.

(a) Minor changes in the location, siting or character of the buildings and structures may be authorized by the Zoning Inspector. No change authorized by the Zoning Inspector under this section may alter the size of any building or structure by more than ten percent (10%), nor change the location of any building or structure by more than ten feet in any direction provided that all other maximum or minimum requirements are met. All changes authorized by the Zoning Inspector must be reported to the Planning Commission at the meeting immediately following such authorization.

(b) All other changes in the approved site development plan must obtain Planning Commission and Trustee approval. The process shall begin at Section 1145.04(a)(2). If the Planning Commission determines that the amended site development plan still complies with the approved concept plan, the process shall proceed from Section 1145.04(a)(3).

(Ord. 13-87. Passed 7-27-87.)

1145.06 SUBDIVISION OF AN APPROVED PLANNED UNIT DEVELOPMENT.

(a) All future subdivisions of a completed PUD shall be first reviewed and approved by the Planning Commission to assure that each subdivided area of the development includes the parking, open space and other similar necessary requirements.

(b) Subdivision approval shall comply with the Subdivision Regulations of Sandusky County, Ohio.