Zanesville City Zoning Code

TITLE FIVE

Additional Zoning Standards

ZONING MAP CHANGES

Ord. No. Date Description

65-63 5-10-65 (a) Property north of Lots 75-81 and Fairway Lane of Northgate No. 3 from R-1 to R-2.

(b) Property north of Lots 93-96 of Northgate No. 4 from R-1 to R-4.

65-104 8-9-65 Lots 19, 23 and 24 of Charles C. Russell's Subdivision of the Safford Farm from R-3 to M-2.

65-137 10-25-65 (a) Lots 45 through 53 of Harvard Place Subdivision from B-3 to B-1.

(b) Lots 41 through 44 of Harvard Place Subdivision from R-2 to B-1.

65-138 10-25-65 (a) Lots 15 through 24 of Maysville Ave. Subdivision from R-3 to B-1.

(b) Lots 1 through 4 of Weller Subdivision from R-3 to B-1.

65-175 1-10-66 Parts of Lots 79 and 81 and Lot 80 of Russell's Subdivision from R-3 to B-3.

66-31 5-9-66 Lots 25 of Charles Russell Subdivision of the Safford Farm from R-3 to M-2.

66-32 5-9-66 Parts of Lots 42 and 65 and Lots 47, 53 and 59 of the Plat of the Town of Putnam from R-4 to B-1.

66-46 6-13-66 Lots 105, 106 and 109 of the West Zanesville Subdivision from R-3 to B-3.

66-117 11-28-66 Lots 53 through 57 and 77 through 81 of the West Zanesville Subdivision from R-3 to B-3.

67-22 2-27-67 Lots 168, 174, 175, 176, 183, 184, 191, 192, 204, 205, 216 and part of Lot 169 of Fair Oaks Addition from R-3 to B-3.

67-86 8-14-67 Eleven parcels from R-3 to M-2.

67-96 9-11-67 Lot 56 of Fair Oaks Addition from R-3 to B-3.

67-97 9-11-67 Lots 35 through 63, and Lot 67 of Richmond Place Addition, and alleys vacated by Ord. 65-18 from R-2 to R-4.

67-102 9-25-67 Lots 5 through 8 in Square 12 in the Western Addition from R-3 to B-3.

68-5 2-12-68 Lots 91 through 109 of Northgate No. 4 Subdivision from R-2 to R-4.

68-106 11-11-68 Lots 260 through 266, 279 through 284 and 297 through 302 of Maple Hill Subdivision from R-2 to R-3.

69-47 4-28-69 (a) Westerly 60 feet of Lots 89 and 90 of North Gate No. 4 Subdivision and a strip of land 75 feet wide bounded by City Corporation line, west line of North Gate No. 4 Subdivision and north line of North Gate No. 3 Subdivision from R-1 to R-2.

(b) Portion of land beginning at north line of Lot 99 of North Gate No. 4 Subdivision from R-1 to R-4.

(d) Portion of land beginning at the northeast corner of the McLain Grocery Company property and including the northwest corner of the McLain Grocery Company property from R-1 to B-1.

(e) Portion of land beginning at a point in the center line of State Route 60 from R-1 to R-4.

(f) Land beginning at northeast corner of the McLain Grocery Company property extending south to the north line of Homeacres Subdivision and the west line extended of the North Terrace Community Church from R-1 to R-4.

(g) Land on east side of State Route 60 from R-1 to R-2.

69-58 7-14-69 Lots, 1, 2 and 3 of Fairway Village from R-1 to R-3.

69-63 7-28-69 Lots 1 through 16 in Square 23 in the western Addition from R-3 to M-1.

69-64 7-28-69 From R-3 to R-4:

(a) Lots 13 through 30 in Townsend's First Addition and 45 feet off the west side of Lot 9 in Townsend's First Addition.

(b) Lot 33 in Drake's Addition, except a strip of land 6 feet wide off the east side and a strip of land 9 feet wide off the west side.

(c) Lots 1 through 25 in Townsend's Second Addition, except parts of Lots 23, 24 and 25 lying north of a bank running northwest.

(d) Inlot 72 which fronts on Harvey Street 30 feet.

(e) Lots 12, 13 and 14 in Square 1, Raddins Addition.

(f) Lots 13 through 17 in Lippitt's Addition, except the south part of such Lots.

(g) Approximately 3 acres on northwest side of Lot 8 in McIntire's Addition, except that part lying north of a bank running east.

(h) Lot 11 in McIntire's Addition, except a strip of land 14-1/2 feet wide along the north side, a parcel in the northeast corner, that part conveyed to Leonard Englehart and that part lying north of a bank running northwest.

(i) Part of Outlot 14 in McIntire's East Addition.

69-88 10-27-69 (a) Lots 23 through 40 in Harvard Place Addition from R-2 to R-4.

(b) Lots 83 through 92, 96 through 102 and 127 through 130 in Brooklyn Place Addition from R-2 to R-4.

70-15 2-23-70 Lots 132, 136, 137, 171 through 174, 177 through 218 and 220 through 242 in Avalon Heights from R-2 to R-4.

70-59 6-22-70 (a) Lots 14-25, 41-46, 14-16, 105, 106 and 109 of West Zanesville Addition from B-3 to M-1.

(b) Lot 8 in River Addition to West Zanesville from B-3 to M-1.

(d) Part of Lots 23 and 24 of West Zanesville beginning 57.0 feet from the northeast corner of Lot 24 from B-3 to M-1.

(e) Part of Lot 7 of River Addition to West Zanesville and part of the portion of Park Street on plat running from Linden Ave. east to the low water mark of Muskingum River from B-3 to M-1.

(f) Land beginning at northwest corner of Lot 41 of West Zanesville Addition from B-3 to M-1.

(g) Part of the south half of Lot 25 of West Zanesville Addition from B-3 to M-1.

(h) Land in the Eighth Ward, 40 feet off the west end of Lot 24 and 40 feet off the west end of the north half of Lot 23 of West Zanesville from B-3 to M-1.

70-84 9-14-70 Lot 6 of Borwn's Garden Lots, from R-1 to R-4.

70-95 10-12-70 (a) Lots 19,20, 42 and 43 in the Owen's Addition from R-3 to B-1.

(b) Lot 407 in the Brighton Addition from R-3 to B-1.

(d) Those lots north of Lot 6 in the Thomas Addition which lie in a northeasterly direction along Dryden Rd. approximately 250 ft., from R-3 to B-1.

70-112 1-4-71 Approximately 28.25 acres bounded by Military Rd., the previous north corporation line, Maple Ave. and the eastern corporation line, from R-1 to B-3.

71-17 4-12-71 Lot 4 of Bone's Subdivision from R-2 to B-1.

71-18 4-12-71 Land bounded by the alley between Lots 5 and 6 of Walpole's Subdivision, Woodlawn Ave., the center line of the right of way of Penn Central Ry. and the line between Wards 5 and 6 to the point where such line intersects Woodlawn Ave., from B-1 to B-3.

71-19 4-26-71 Land bounded by land of Nethers, Baldwin, Linden Ave. and the alley between Linden Ave. and Hoge Ave., from R-2 to B-1.

71-40 6-14-71 1.64 acres bounded by the County Welfare Lot, the alley between Lots 4 and 5 of Walpole's Subdivision, Woodlawn Ave. and the line between Wards 5 and 6, from B-1 to R-4.

71-41 6-14-71 Land bounded by the alley between Lots 4 and 5 of Walpole's Subdivision, Woodlawn Ave., the center line of Penn Central Ry. and the line between Wards 5 and 6, from B-1 to B-3.

71-51 7-12-71 Lots 3 through 8 of Van Horn's Subdivision, from B-3 to M-1.

71-75 9-27-71 Land bounded by Gattrell St. Addition, High St. and Hall Ave.

71-81 9-27-71 Land bounded by Linden Ave., the north line of Weber and Larson property, south line of Armco, Inc.'s 4.75 acres and the west line of such 4.75 acres and Hoge Ave., from B-1 to M-1.

71-94 11-22-71 Approximately 13.67 acres in the Ninth Ward, bounded by Maple Ave., Brandywine Blvd. and other points, from R-2 to R-4.

71-99 12-27-71 Lots 17 through 38 of Slack's Second Subdivision and Lots 1 through 8 of Dyes Subdivision, from R-1 to B-3.

72-15 2-28-72 Lots in Downer's and Blocksom's Additions, from R-3 to R-4; lots in the Thompson Subdivision, on the east side of Orchard St. and other lots, from R-3 to B-1; lots lying south and east of Lot 8 in the Thompson Subdivision, from R-4 to B-1.

72-38 4-10-72 Lots 1, 2 and 3 of Tiledale's Addition, from R-2 to B-3.

72-56 5-22-72 Lots 10, 11 and 12 of Riverdale Addition and Lots 20, 21 and 22 of Jones Addition from R-3 to B-3.

72-90 8-28-72 Lots 72, 73, 74 and 75 of Norval Park Subdivision from R-2 to B-3.

72-115 12-11-72 Lots 26, 27, 28, 29, 30 & 31 of C.C. Russell's Subdivision from R-3 to M-2.

72-118 12-27-72 Lots 6 & 7 of McGuire's unrecorded Subdivision from R-1 to R-3.

73-17 2-26-73 Lots 21 & 22 of J.D. Imlay's Subdivision from R-3 to B-1.

73-30 4-9-73 Land bounded by the B. & O. Railroad, Main St., First St. and the Muskingum River from B-3 to M-1.

73-81 10-22-73 8.41 acres in Kathie Heights to permanent R-2.

73-82 10-22-73 370.94 acres bounded by Military Rd., Fairway Lane and other points to permanent R-1.

73-83 10-22-73 5.96 acres, part of Fourth Quarter, Township 2, Range 8 U.S.M.L. to permanent R-4.

73-95 12-27-73 Lots 1 & 2 of Maple Avenue Addition and Lots 1 through 6 of Maple Hill Addition from R-4 to B-1.

74-14 2-11-74 Part of Lot 28 and all of Lot 29 of Riverside Addition from R-3 to B-3.

74-20 3-11-74 Lots 332 through 334 of Norval Park #2 from R-2 to B-1

74-21 3-11-74 Lots 21 through 25 of Locust Avenue Addition from R-4 to B-1.

74-31 5-13-74 Lots 32 through 38 of Arnold's Subdivision from R-2 to R-4.

74-46 4-22-74 Land on the south side of Licking River at the City boundary line in the Seventh Ward from R-3 to M-1.

74-94 7-22-74 From R-2 to B-1:

(a) 0.50 acre in Dan L. Broch's Land unrecorded.

(b) Lot 3 of Mt. Auburn Addition.

74-95 7-22-74 Lots 1 through 4 and 21 through 25 of Hughes and Spurks Addition from R-4 to B-1.

75-14 1-27-75 Lot 1 of Roe's Addition Subdivision and being Lot 12 of Hughes and Spurk's Addition from R-4 to B-3.

75-15 1-27-75 160.10 acres zoned PUD.

75-44 3-24-75 Part of Lot 138 of Putnam House Lots Subdivision from R-4 to B-1.

75-58 4-28-75 Part of Lot 177 of Fair Oaks Addition from R-3 to B-3.

75-59 4-28-75 Part of Lot 12 and all of Lots 13 through 16 of Brown's Garden Lots Subdivision from R-1 to R-4.

75-128 9-22-75 Lots 1, 2, 34 through 39 of Hissey Place Subdivision from R-3 and R-4 to B-3.

75-155 11-10-75 Lots 7 through 12 of Maple Hill Addition from R-4 to B-1.

75-156 11-10-75 Lot 10 and a 10 foot portion of Lot 9 of Yarnall's Subdivision from R-4 to B-1.

76-18 2-9-75 Lots 82 through 86 of West Zanesville, Eighth Ward from R-3 to B-3.

76-66 5-24-76 Part of Outlot 24 and all of Outlot 25 to McIntire Terrace No. 1 from R-3 to B-1.

76-67 5-24-76 Land at southwest corner of Brighton Blvd. and Dryden Rd. from R-3 to B-1.

76-69 6-14-76 Lots 124 through 128 of Elizabeth Heights No. 1 from R-1 to R-4.

76-70 6-14-76 Lot 23 of Kathie Heights No. 2 from R-2 to R-4.

76-71 6-14-76 Lots 102 through 106 and part of Outlot No. 2 of Brighton Addition from R-3 to R-4.

76-84 7-12-76 Property in the vicinity of Ashland, Forest, Myrtle and Laurel Avenues from R-3 to B-1.

76-85 7-12-76 Outlot 24 and south half of Outlot 25 to McIntire Terrace No. 1 from R-3 to B-1; amends Ord. 76-66.

76-119 9-27-76 Lot 1 and part of Lot 2 in Pauline Madinger's Allotment from B-1 to B-3.

76-153 12-27-76 Lots 24 through 26 of Merrick's Addition from R-2 to R-4.

77-55 5-9-77 Lots 53 through 59, and 90 through 96 of Brooklyn Terrace Subdivision from R-2 to R-4.

77-80 6-27-77 Lots 4 through 6 in Slack Subdivision from R-1 to B-3.

77-82 6-27-77 Lots 36, 49 and 50 in Norwood Subdivision from R-2 to R-3.

77-99 7-25-77 Lots 7 through 10 in Brooklyn Place Subdivision from R-2 to B-1.

77-100 7-25-77 Lots 34 through 36 in Brooklyn Place Subdivision from R-2 to B-1.

77-126 9-12-77 Lots 6, 7 and 8 in Atkinson Subdivision from B-1 to B-3.

77-127 9-12-77 Parcel of land at intersection of Pear and Beaumont Streets from R-3 to B-3.

78-41 5-8-78 Lots located in vicinity of Granville, Hudson and West Main Streets from R-3 to M-1 and from B-3 to M-1.

78-42 4-24-78 Land in Buckingham Terrace Addition located at junction of Lake and Jewett Drives from R-3 to M-2.

78-43 5-8-78 Land in Riverside Addition located between West Main St. and the Licking River from R-3 to M-1 and from B-3 to M-1.

78-51 5-8-78 Lots 7 through 13 inclusive of Westview Subdivision from R-4 to B-1.

78-52 5-8-78 Land south of Lot 3, part of Lot 3 of Farnum Addition and Lot 1 of Weller Place Subdivision from B-1 to B-3.

78-58 6-12-78 Changing the zoning district of the R-97 Urban Renewal Project from R-3 and M-1 to M-2.

78-78 7-10-78 Lots 12, 13, 14 and 15 of Melick and Johnson Subdivision from R-2 to R-3.

78-104 10-23-78 Lots 1, 2, 3 and part of Lot 4 of Square 3, the location of Goodwill Industries building from B-3 to M-1.

78-105 10-9-78 Lots 1, 2 and 3 of Slacks Addition at intersection of Maple Ave. and Harding Rd. from B-1 to B-3.

78-106 10-9-78 An unnumbered outlot of 1.69 acres in Cherrywood Addition at intersection of Stanberry Ave. and Dryden Rd. from R-3 to R-4.

78-127 11-13-78 Lots 14, 15 and 16 of Boggs Farm Subdivision No. 1 at the intersection of Bluff St. and Adair Ave. from R-3 to B-1.

78-137 12-11-78 Five unnumbered lots within Lot No. 2 of McIntire Terrace No. 1 Addition from R-3 to B-3.

78-156 12-27-78 Lot 35 in Putnam Subdivision at the intersection of Moxahala Ave. and Adams St. from R-4 to B-1.

78-157 12-27-78 Lot 67 in Brooklyn Place Subdivision on Leonard Ave. near Maple Ave. from R-2 to B-1.

79-5 1-22-79 1.42 acres at intersection of Pershing Rd. and east line of Muskingham County Fairgrounds from R-3 to R-4.

79-25 3-12-79 One tract of land located south of and adjacent to Greenwood Ave. and one tract of land north of Greenwood Ave. between Greenwood Cemetery and Sunrise Shopping Center from R-1 to B-3.

79-26 3-12-79 Lots 124, 125 and 126 in Brooklyn Terrace from R-2 to R-4.

79-75 6-11-79 Lots 12, 13, 14 and 15 of Melick and Johnson Subdivision from R-3 to R-4.

79-76 6-11-79 Lots 26 to 83 inclusive in McHenry's Second Ridge Avenue Addition from R-3 and R-4 to M-2.

79-104 8-27-79 Land bounded by the Norfolk and Western Railroad on the south, Hall Avenue on the west, Adamsville Road on the north and the City Corporation Line on the east in the Third Ward from R-1 to M-1.

79-144 10-8-79 Lots 9 to 15 of Maplewood Subdivision generally located at NE corner of Adair and Blue Aves. and then from Blue to Hazel Aves. along the north side of Adair Ave., from R-2 to B-1.

80-71 5-12-80 From R-3, One and Two-Family Medium Density Residence District to R-2 One-Family Medium Density Residence District located in the Eighth Ward.

80-103 6-9-80 From R-3, One and Two-Family Medium Density Residence District to M-1, Light Manufacturing District, being Lot Nos. 5, 6, 7, 8, 12, 13, 14, 15 and 16 in Block 20, Western Addition.

80-155 8-25-80 Amends Ord. 80-71; property in Fourth Ward and Lots 5 to 8 of Maple Wood Subdivision.

80-191 11-10-80 From R-3, One and Two-Family Medium Density Residence District to R-4, Multi-Family High Density Residence District 6.16 acres at Wheeler Rd. and Haessler St.

81-33 3-9-81 From R-2, One-Family Medium Density Residence District to R-3, One and Two-Family Medium Density Residence District, Lots 277 and 278 in Maple Hill Addition in Sixth Ward.

81-77 5-11-81 From B-1, Neighborhood Business District to R-2, One-Family Medium Density Residence District, west portion of Lot 24 in McIntire Terrace No. 1 and Lots 1 to 3 and west part of Lot 4 in Senhauser's Subdivision.

81-116 6-22-81 From R-4, Multi-Family High Density Residence District to B-1, Neighborhood Business District, lots 24 to 28 of Belleview Terrace Subdivision, Fifth Ward.

81-141 8-10-81 From B-1, Neighborhood Business District to B-3, General Business District, Lots 5 to 8, 30, 55 to 58 of Taylor Second Addition, Fifth Ward.

81-175 9-14-81 From R-1, Single-Family Low Density Residence District to M-2, General Manufacturing District, 6.8 acres at 1101 Spring St., Fourth Ward.

81-195 10-26-81 From R-3, One-family and Two-family Medium Density Residence District, to B-1, Neighborhood Business District, Lots 100, 101, 102, 103, 104 and 105 of Maplewood Subdivision located in the Fourth Ward (old Eighth Ward) of the City.

82-20 2-22-82 From B-1, Neighborhood Business District to B-3, General Business District, Lot 1 of Heritage Hills, Plat 1, located in the Sixth Ward.

82-126 6-28-82 From R-2, One-Family Medium Density Residence District, to R-4, Multi-Family High Density Residence District, Lots 14, 15, 16, 17, 18, 19 of Hahn's Subdivision located in the Fifth Ward.

84-2 1-9-84 From R-3, One-Family and Two-Family Medium Density Residence District, to M-1, Light Manufacturing District, an unnumbered lot in Fair Oaks Addition.

84-10 3-12-84 From B-1, Neighborhood Business District, to B-3, General Business District, Lots 7 and 8 of Square 7, Western Addition. From R-3, One-Family and Two-Family Medium Density Residence District to B-3, General Business District, Lots 2 through 6 and Lots 14 through 16 of Square 7, Western Addition.

84-21 2-27-84 From R-4, Multi-Family High Density Residence District, to B-1, Neighborhood Business District, Lot 4 and ten feet of Lot 3 of Yarnell's Subdivision.

84-22 2-27-84 Create a Planned Unit Development District on property owned by and leased from Bethesda Hospital, Inc.

84-78 6-25-84 From R-2, One-Family Medium Density Residence District to B-1, Neighborhood Business District, Lots 5, 6, 7 and 8 of Maplewood Addition.

84-79 5-29-84 From B-3, General Business District, to M-1, Light Manufacturing District, Lots 3 and 4 and 0.08 acre of Square 1.

85-159 9-23-85 From R-4, Multi-Family High Density Residence District, To B-1, Neighborhood Business District, Lots 5 to 9 and part of Lot 10 of Rathbone's Northeast Addition and Lots 55 to 57 of Downer's Subdivision.

87-94 9-27-87 Adopts new Zoning Map.

88-7 2-8-87 27.91 acres (parts of Lot 16, Underwood's Reservation and Outlot 8, laid out by the Muskingham Mining Co.) from RS-2 Medium Low Density Single Family Residential to AE Agriculture and Estate District.

88-8 2-8-87 3 unnumbered lots north of Maple Ave. and (Walnut) Lenox Ave. NW, N. Terrace-Zanesville Addition from RM-2 High Density Multi-Family Residential to C-1 Neighborhood Commercial District.

88-31 2-22-88 Various numbered lots in Brooklyn Terrace, Brooklyn Place, Harvard Place and Avalon Heights from RM-2 High Density Multi-Family Residential to O-1 Neighborhood Office District.

88-173 11-14-88 Lots 42 and 47 from C-1 Neighborhood Commercial to C-Z Community and Regional Commercial District.

89-2 1-23-89 Lots 327 to 329 Norval Park Plan No. 2 from RS-4 Medium High Density Simple-Family District to C-4 Commercial Highway District.

89-27 3-27-89 Lot 21, Town of Putnam and part of Outlot 21 Putnam House Lots from RM-2 High Density Multiple Family Resident District to C-2 Community and Regional Commercial District.

89-48 4-24-89 Lots 11 to 17 and part of Lot 1 in Barren's Subdivision from RS-1 Low Density Single Family Residential District to C-1 Neighborhood Business District.

89-131 9-25-89 Lots 11 to 13 Terrace Point Subdivision and Lots 13 to 15 Imlay Circle Subdivision from RM-2 Multiple Family Residential to O-2 Office Park District.

90-19 4-9-90 Adopts new Zoning Map.

91-19 3-11-91 Part of Lot 38, Balls Subdiv. of Lot 42, McIntire Terrace #2, known as parts of Lots 3 and 4, Bailey's Place from RS-5 High Density Single Family to C-4 Commercial Highway District.

91-62 5-28-91 Lots 137, 138, 143, 144 and 153 to 157, Fair Oaks Addition from RS-4 Medium Density Single Family to C-1 Neighborhood Commercial District.

91-63 6-10-91 Lots 17 to 19 and the eastern half of Lots 8 to 10, John Boyd Subdivision from C-4 Highway Commercial to O-1 Local Office District; Lots 20 and 21, John Boyd Subdivision from RS-5 High Density Single-Family Residential to C-4 Commercial Highway District.

91-101 8-12-91 From RS-4, Medium Density Single Family to I-1 Industrial District, Fair Oaks Addition Lots 57, 68 and 69.

91-159 11-25-91 48.666 acres, First Tract from RS-2 Medium Low Density Single Family to I-1 Industrial District.

92-23 3-23-92 Part of Lot 41 and 46, Putnam House Lots, from RS-5, High Density Single Family to C-2 Community Commercial District.

92-113 7-27-92 Lot 20 and the eastern half of Lot 21, McIntire Terrace Balls Addition, from RS-5 High Density Single Family Residential to C-2 Community Commercial District.

92-169 9-14-92 Lot 78 in Blandy Hill Addition from RS-5 High Density Residential Single Family to C-2 Community and Regional Commercial District.

92-228 12-28-92 Lots 43, 48, 54, 60 and 72 of Putnam House Lots on Putnam Ave. from RS-5 High Density Single Family Residential District to C-2 Community and Regional Commercial District.

93-2 1-25-93 Area designated on Exhibit A from I-1 Industrial and C-2 Community and Regional Commercial District to RS-5 High Density Single-Family Residential District and C-4 Highway Commercial District.

93-67 5-24-93 Lots 4 and 5 of Atkinsons Subdivision from RS-5 High-Density Single Family Residential District to C-4 Highway Commercial District.

93-68 5-10-93 Lots 37 and 38 of Balls Subdivision from RS-4 Medium-High Density Single-Family Residential District to C-4 Highway Commercial District.

93-174 10-12-93 Two lots off Leonard Ave., and three lots off Princeton Ave., in Brooklyn Place Subdivision from O-1 Local Office to C-4 Highway Commercial District.

93-202 11-22-93 Lot 1 off Wayne Ave., East Fractional Sectional 6, Twp., 12, Range 13 from AE Agricultural and Estate to C-2 Community and Regional Commercial District.

94-5 1-24-94 Lots 13 and 14, Plat Books 2 and 417 from RS-5 High Density Single Family Residential to C-4 Highway Commercial District.

94-39 3-28-94 Lot 16, Brown’s Garden Lots from RM-1 Low-Density Multi- Family Residential to C-4 Highway Commercial District.

94-61 4-26-94 Four lots of Putnam Outlot 40 from RS-5 High Density Single- Family Residential to RM-1 Low Density Multi-Family Residential District.

94-120 6-13-94 Establishes zoning boundary at the southern boundary of property line of land parcels between Hazel and Ashland Aves., south of Locust Ave.

94-200 9-26-94 Lots 2 and 3 on west side of Putnam Ave., Atkinson’s Subdivision, from RS-5 High Density Single Family to C-4 Commercial Highway District.

95-203 11-13-95 Property off Eastman St., north of Outlet Center (adjacent to I- 70), Rathbone’s Northeast Addition, from RS-5 to C-2 District.

96-208 1-13-97 1088 Wayne Ave. from AE Agriculture and Estate to C-2 Community and Regional Commercial District.

96-209 1-13-97 Several land parcels on NW corner of State St. and W. Main St. from I-1 Industrial to C-4 Highway Commercial District.

97-12 2-10-97 906 Blue Ave. from C-1 Neighborhood Commercial to C-4 Highway Commercial District.

97-28 2-24-97 Land parcels from RS-5 Single-Family Residential to C-3 Downtown Commercial District.

97-147 8-11-97 Lots 62 and 63 on Cambridge Ave. and vacated alley from RM-1 Multi-Family Residential to C-4 Highway Commercial District; Lot 1, Harding Subdivision from RS-3 Single-Family Residential to C-4 Highway Commercial District.

97-148 8-25-97 City-initiated rezonings as shown in Exhibits A. to F. attached to Ordinance 97-148.

97-189 11-24-97 Properties at 1026 and 1042 Greenwood Ave. (Parcels 84-26-06- 03, 84-26-06-04) from RS-5 Single-Family Residential to C-1 Neighborhood Commercial District.

98-44 4-13-98 Four vacant lots at 1001-1015 Greenwood Ave. from RS-5 Single-Family Residential to C-2 Community Commercial District.

98-45 4-13-98 Lot at 204 N. Seventh St. from RS-5 Single-Family Residential to O-2 Office District.

98-62 6-8-98 13.52 acres in Zanesville Industrial Park from I-1 Industrial to O-2 Office District.

98-63 6-8-98 7.45 acres in Zanesville Industrial Park from I-1 Industrial to O-2 Office District.

98-86 6-8-98 Lots 6, 7, 18, 19 and part of Lot 8 in Taylor’s First Addition from RS-5 Single-Family Residential to C-4 Highway Commercial District.

98-100 7-27-98 Lots 164 and 173, Fair Oaks Addition from RS-4 Single-Family Residential to I-1 Industrial District; vacates part of Muskingum Ave. r-o-w next to Lots 164, 171 and 172.

99-8 2-9-99 Pine Ridge Subdivision located on a 11.35 acre parcel at 3100 Olde Falls Road to RS-1 Low-Density Single-Family Residential District.

99-96 8-9-99 166 acre Kearns property located along Military Road to C-2 Community and Regional Commercial District, C-4 Highway Commercial District, O-1 Local Office District, and RM-1 Low- Density Multi-Family Residential District.

99-185 1-24-00 Lots 15-21 of Eastman’s Addition and Lots 4-7 of Moore’s East Addition at NW corner of E. Market St. and Hamline Ave., from RS-5 Single-Family to C-2 Commercial District.

00-148 10-23-00 Auditor’s Parcel 80-81-20-01-03-000 from I-1 Industrial to RM-2 High-Density Multi-Family Residential District.

00-149 10-23-00 Auditor’s Parcels 80-84-13-02-19-000 and 80-84-13-02-20-000 from RS-4 Single-Family Residential to C-1 Neighborhood Commercial District.

01-21 3-26-01 Auditor’s Parcels 80-84-46-01-10-000 and 80-84-46-01-11-000 from RS-2 Medium-Low-Density Single-Family Residential to C-4 Highway Commercial District.

01-22 3-26-01 Auditor’s Parcel 80-84-46-01-12-000 from RS-2 Medium-Low- Density Single-Family Residential to C-4 Highway Commercial District.

01-23 3-26-01 Auditor’s Parcel 80-84-46-01-13-000 from RS-2 Medium-Low- Density Single-Family Residential to C-4 Highway Commercial District.

01-38 4-23-01 Auditor’s Parcel 17-17-27-01-40-000 from AE Agriculture and Estate to C-4 Highway Commercial District.

01-39 4-23-01 Auditor’s Parcel 17-17-27-01-47-000 from AE Agriculture and Estate to C-4 Highway Commercial District.

01-40 4-23-01 Auditor’s Parcel 17-17-27-01-42-000 from AE Agriculture and Estate to C-4 Highway Commercial District.

01-41 4-23-01 Auditor’s Parcel 17-17-27-01-46-000 from AE Agriculture and Estate to C-4 Highway Commercial District.

01-42 4-23-01 Auditor’s Parcel 17-17-27-01-41-000 from AE Agriculture and Estate to C-4 Highway Commercial District.

01-87 7-23-01 Several Auditor’s Parcels from I-1 Industrial to C-4 Highway Commercial District.

01-88 7-23-01 Auditor’s Parcel 17-17-07-01-03-000 from AE Agricultural and Estate to RS-1 Low-Density Single-Family Residential District.

01-133 10-9-01 From I-1 Industrial to C-2 Community and Regional Commercial District, Auditor’s Parcel #80-84-18-05-04-000.

01-134 10-9-01 From I-1 Industrial to C-2 Community and Regional Commercial District, Auditor’s Parcel #80-84-18-05-05-000.

01-135 10-9-01 From I-1 Industrial to C-2 Community and Regional Commercial District, Auditor’s Parcel #80-84-18-05-06-000, #80-84-18-05-07- 000 and #80-84-18-05-03-000.

01-146 10-9-01 From AE Agricultural and Estate to RM-1 Low-Density Multi- Family Residential District, Auditor’s Parcels #91-17-76-02-27- 000, #91-17-76-02-28-000 and #91-17-76-02-04-000.

02-39 3-25-02 From Falls Township “B” Business District to City C-4 Highway Commercial District, Auditor’s Parcel #17-19-03-05-003 and part of Parcel #17-19-03-05-000.

02-75 7-8-02 From C-2 Community and Regional Commercial District to C-4 Highway Commercial District, Lot #6, #7 and #8 of Taylor’s 2nd Addition, Auditor’s Parcel #80-85-04-03-12-000, #80-85-04-03- 14-000, and #80-85-04-03-01-000.

02-76 7-8-02 From C-2 Community and Regional Commercial District to C-4 Highway Commercial District, Auditor’s Parcel #91-86-30-01-74- 001.

02-77 7-8-02 From Falls Township “A” Agriculture District to City C-4 Highway Commercial District, Part of Auditor’s Parcel #17-17- 07-01-10-000, being part of Lot 2 of Sibley’s Subdivision.

02-115 8-26-02 From O-2 Office Park District to C-2 Community and Regional Commercial District, Auditor’s Parcel #91-86-34-01-01-019 and part of parcel #91-86-33-01-01-000.

02-131 11-12-02 From O-2 Office Park District to I-1 Industrial District, Auditor’s Parcel #91-86-34-01-01-001.

04-41 4-26-04 Auditor’s Parcels 91-86-30-01-73 and 91-86-30-01-72 from C-2 Community and Regional Commercial to C-4 Highway Commercial District.

04-64 6-14-04 Lots 14 to 16 of Western Addition from RS-5 High-Density Single-Family Residential to C-4 Highway Commercial District.

04-65 6-28-04 1190 East Drive from O-2 Office Park to RS-1 Low-Density Single-Family Residential District.

04-81 7-26-04 Lot 15 and part of Lot 14 of Browns Garden Subdivision on south side of Beverly Ave. from RM-1 Low-Density Multi-Family Residential to C-4 Highway Commercial District.

04-94 7-26-04 Auditor’s Parcel 19-17-19-01-37-000 from Falls Township “B” Business to RS-1 Low-Density Single-Family Residential District.

04-95 8-23-04 Auditor’s Parcel #19-17-19-03-02-000 and Parcel #19-17-19-03- 37-000 (pt. of Bank Lots 3) from Falls Township “B” Business to C-4 Highway Commercial District.

04-124 12-13-04 Part of Auditor’s Parcel #17-17-19-03-05-000 (pt. of Bank Lots 2), Parcel #17-17-19-01-04-000 (pt. of Bank Lot 3), and Parcel #17-17-19-01-03-000 (pt. of Bank Lots 3) from Falls Township “B” Business to C-4 Highway Commercial District.

05-20 3-28-05 Auditor’s Parcels #85-28-02-03-000, #85-28-02-05-000, and #85- 28-02-25-001 from RS-5 High-Density Single-Family Residential and C-4 Highway Commercial to O-1 Local Office District.

05-29 4-11-05 Part of Auditor’s Parcel #91-86-34-01-01-000 from I-1 Industrial to O-2 Office Park District.

05-106 11-14-05 Auditor’s Parcels #80-84-12-01-12-000 and #80-84-12-01-13-000 from RS-4 Medium-High Density Single-Family Residential to RM-2 High-Density Multi-Family District.

05-107 11-14-05 Auditor’s Parcel #80-85-28-02-04-000 from RS-5 High-Density Single-Family Residential to O-1 Local Office District.

05-133 1-23-06 Auditor’s Parcel #91-86-34-04-01-000 from RM-1 Low-Density Multi-Family Residential to O-1 Local Office District.

06-40 5-8-06 Auditor’s Parcel #80-81-50-98-19-000 from RM-1 Low-Density Multi-Family Residential to C-2 Community and Regional Commercial District.

06-44 5-22-06 Auditor’s Parcel #80-86-08-02-01-000: request for lot split (814 Taylor St.). Property lines changed.

06-54 6-12-06 Auditor’s Parcel #91-86-34-01-01-001 from O-2 Office Park to I-1 Industrial District.

06-73 7-24-06 Auditor’s Parcel #44-52-01-04-000 and #44-50-01-01-000 from Muskingum Twp. to RA-1 Attached Residential and C-2 Community and Regional Commercial District.

07-06 2-26-07 Auditor's Parcel #80-81-04-01-08-000 from RS-5 High Density Single Family Residential to I-1 Industrial District.

07-07 2-26-07 Auditor's Parcel #91-86-34-01-01-000 from I-1 Industrial to RM-2 High Density Multi-Family District.

07-26 4-9-07 Auditor's Parcel #91-86-34-01-01-000 from I-1 Industrial to O-2 Office Park District.

07-39 5-29-07 Auditor's Parcel #80-83-25-02-01-000 from RS-5 High Density Single Family Residential to RM-1 Low Density, Multi-Family District.

07-40 5-29-07 Auditor's Parcel #91-86-34-01-01-000 from I-1 Industrial to O-2 Office Park District.

07-50 6-11-07 Auditor's Parcel #44-44-52-01-04-000 from RA-1 Attached Residential to C-2 Community and Regional Commercial District.

08-29 4-14-08 Auditor’s Parcel #85-17-04-07-000 from RS-5 High-Density Single-Family Residential to C-4 Highway Commercial District.

08-79 8-25-08 Auditor’s Parcels #83-30-02-04-000, 83-30-02-01-000 and 83-30-02-01- 000 from I-1 Industrial and RS-5 High Density, Single-Family Residential to C-4 Highway Commercial District.

08-89 9-22-08 Auditor’s Parcels # 86-31-02-01-000, 86-31-02-03-000 and 86-31-02-05- 000 from C-2 Community and Regional Commercial District to C-4 Highway Commercial District.

08-90 9-22-08 Auditor’s Parcels # 84-23-01-01-000, 84-23-01-02-000, 84-23-01-03-000 and 84-23-01-18-000 from RS-5 Single-Family High Density Residential to I-1 Industrial District.

08-98 10-14-08 Auditor’s Parcel # 86-26-02-06-000 from AE Agriculture and Estate to O-2 Office Park District.

09-10 2-9-09 Auditor’s Parcel # 81-15-02-01-000 from I-1 Industrial to C-4 Highway Commercial.

10-43 7-26-10 Auditor’s Parcel # 80-84-17-03-01-000 from RS-4 Medium Density Single- Family Residential to C-2 Community and Regional Commercial.

10-51 7-26-10 Auditor’s Parcel # 81-50-98-19-000 from RM-1 Low-Density Multi-Family Residential to C-2 Community and Regional Commercial.

11-12 3-14-11 Auditor’s Parcel #84-26-04-20-000, Auditor’s Parcel # 84-26-04-22-000, Auditors Parcel #’s 84-26-04-23-000 and 84-26-04-24-000, Auditors Parcel #84-26-04-0-25-000, Auditors Parcel #’s 84-26-04-01-000 and 84-26-04-02- 000, Auditors Parcel #84-26-04-03-000, Auditors Parcel #84-26-04-04-000, Auditors Parcel #84-26-04-05-000, and Auditors Parcel #84-26-04-06-000 from C-2 Community and Regional Commercial to C-4 Highway Commercial.

11-33 6-13-11 A 3.2 acre part of Auditor’s Parcel #84-34-01-000 from I-1 Industrial to C- 4 Highway Commercial.

11-61 11-14-11 Parcels as bounded and described in Exhibit “A” map and Exhibit “B” parcel list from C-2 Community and Regional Commercial to C-4 Highway Commercial.

11-92 1-23-12 Auditor’s Parcel #83-13-09-000 from RS-5 High Density Single- Family Residential to RM-2 High Density Multi-Family Residential.

11-93 1-9-12 Designates the Downtown Investment Area as an Arts and Culture Overlay District.

18-53 6-11-18 Auditor’s Parcel # 81-52-02-01-000, from RS-5 (High-Density Single-Family Residential) district to C-2 (Community and Regional Commercial) district.

18-54 6-11-18 Auditor’s Parcel #81-52-02-02-000, from RS-5 (High-Density Single-Family Residential) district to C-2 (Community Regional Commercial) district.

18-75 7-23-18 Auditor’s Parcel #84-49-01-10-000, #84-50-01-36-000, and Auditor Auditors Parcel E$85-50-01-36-001 from AE (Agriculture and Estate District) and I-1 (Industrial District) to C-4 (Highway Commercial) district.

19-51 6-24-19 Auditor’s Parcel #85-39-01-18-001, from C-2 Community Commercial to C-4 Highway Commercial.

19-110 10-28-19 Auditors Parcel #86-33-01-04-000 from RM-1 Low Density Multi-Family to C-4 Highway Commercial.

19-146 1-13-19 Auditors Parcel #84-18-06-02-000 and Auditors Parcel #84-18-06-01-000 from I-1 Industrial to C-2 Community and Regional Commercial District.

19-147 1-13-19 Fifty-three lots shown on Exhibit A and B of Ord. 19-147 from the existing zoning district of either RS-4 Medium-High-Density Single-Family Residential District, RS-5 High-Density Single-Family Residential District or C-2 Community and Regional Commercial to C-4 Highway Commercial District.

2020-40 3-23-20 Twelve lots shown on Exhibit A of Ord. 2020-40 from the existing zoning district of C-2 Community and Regional Commercial to C-4 Highway Commercial.

2020-55 4-27-20 Parcel Number 85-36-01-07-000 from the existing zoning district of I-1, Light Industrial to A&E Agriculture and Estate.

2020-79 7-13-20 Auditors Parcel #83-25-07-07-000, and Auditors Parcel #83-26-03-02-000 from I-1 Industrial to C-4 Highway Commercial.

2020-83 7-27-20 Auditors Parcel #84-18-02-16-000, #84-18-02-15-000, #84-18-02-14-000, #84-18-02-13-000, #84-18-02-12-000, #84-19-03-13-000, and #84-19-03-12-000, from RS-4 Medium-High-Density Single-Family Residential to RM-1 Low-Density Multi-Family Residential.

2020-106 9-28-20 Auditors Parcel #84-18-06-09-000 from RS-4 Medium-High Density Single-Family Residential to C-2 Community and Regional Commercial.

2020-132 11-23-20 Auditors Parcel #86-27-01-01-000, #86-27-01-02-000, #86-27-01-03-000, and #86-27-01-04-000 from RS-3 Medium-Density Single-Family Residential to C-4 Highway Commercial.

2020-137 12-28-20 Auditors Parcel #86-10-03-10-000, #86-10-03-09-000, #86-11-01-02-000, and #86-11-01-01-000 from O-1 Local Office District to C-4 Highway Commercial.

2021-22 3-22-21 Auditors Parcel #81-57-03-73-000, #81-57-03-74-000, #81-57-03-75-000 and #81-57-03-76-000, from RS-5 High Density Single Family to RM-2 High Density Multi-Family Residential.

2021-70 7-26-21 Auditors Parcel #86-11-03-04-000 and #86-11-03-03-000, from O-1 Local Office District to C-4 Highway Commercial.

2021-89 9-13-21 Auditors Parcel #83-28-01-01-000, #83-29-01-20-000, #83-29-01-21-000, and #83-29-01-17-000 from I-1 Industrial District to A&E Agriculture and Estate District.

2021-110 11-8-21 Auditors Parcel #81-71-02-18-000 from RS-5 High Density Single-Family to RM-2 High Density Multi-Family Residential.

2022-23 3-14-22 Auditors Parcel #17-19-03-33-00, and approximately 9.829 acres from Auditors Parcel #17-34-02-29-000 from C-4 Highway Commercial to PUD, Planned Unit Development.

2022-29 3-28-22 Auditors Parcel #44-52-01-04-003 from C-2 Community and Regional Commercial to RM-2 High Density Multi-Family Residential.

2022-35 3-14-22 Auditors Parcel #83-39-03-14-000, #83-39-03-13-000, #83-39-03-12-000, #83-39-03-11-000, #83-39-03-06-000, #83-39-03-08-000, #83-39-03-09-000 and #83-39-03-10-000 from RS-5 High Density Single-Family to C-4 Highway Commercial.

2022-60 5-23-22 Auditors Parcel #81-58-03-05-000, #81-57-02-02-000, #81-57-02-03-000, #81-57-02-04-000, and #81-57-02-06-000, from RS-5 High-Density Single-Family Residential to RM-2 High Density Multi-Family Residential.

2022-70 6-27-22 Auditors Parcel #17-34-02-29-000 from C-4 Highway Commercial to RM-2 High Density Multi-Family Residential.

2022-87 8-8-22 Auditors Parcel #83-24-02-13-000 from I-1 Industrial to RS-5 High Density Single-Family Residential.

2022-118 8-22-22 2.33 acres annexed (as described in Ordinance 2022-117) from Falls Township zoned RS-1 Low-Density Single Family Residential.

2023-26 4-10-23 Auditor’s Parcel #83-37-03-10-000, #83-37-03-11-000 and #83-37-03-12-000 from C-4 Highway Commercial to I-1 Industrial Districts.

2024-28 2-26-24 From RS-2 Medium-Low Density Single Family Residential to RM-1 Low-Density Multi-Family Residential District: Auditors Parcel #84-47-02-01-000, Auditors Parcel #84-46-01-07-000, Auditors Parcel #84-46-01-08-000 and Auditors Parcel #84-46-01-08-001.

2024-29 2-26-24 Auditors Parcel #84-49-01-11-01 from I-1 Industrial to RM-1 Low-Density Multi-Family Residential District.

2024-80 6-24-24 Auditors Parcel #17-19-01-04-000 from A&E Agriculture and Estate to a Planned Unit Development (PUD).

2025-18 3-10-25 Auditors Parcel #83-28-04-07-000, from RS-5 High Density Single Family Residential to C-4 Highway Commercial District.

2025-19 3-10-25 Auditors Parcel #85-27-02-17-000 from RS-5 High Density Single Family Residential to C-4 Highway Commercial District.

2025-31 4-14-25 Auditors Parcel #86-34-01-01-001, from O-2 Office Park District to RM-2 High Density Multi-Family District.

1149.01 PURPOSE.

The purpose of this chapter is to regulate the amount and location of vehicle parking, loading areas, access, and mobility in order to promote a more efficient use of land, enhance the development form, encourage the use of alternative modes of transportation, provide for better pedestrian and bicycle movement, and protect air and water quality. The provisions of this section are intended to:

(a) Prevent and alleviate the congestion of public streets;

(b) Encourage the incorporation of alternative modes of transportation by emphasizing pedestrian circulation and establishing requirements for bicycle parking;

(d) Increase and protect the capacity of the roadway system;

(d) Minimize the detrimental effects of vehicular use areas on adjacent properties;

(e) Encourage the reduction of impervious surfaces through effective design and shared parking where practical; and

Promote the health, safety, and public welfare by establishing minimum requirements for off-street parking and loading areas as well as provisions for access control.

(Ord. 19-92. Passed 9-9-19.)

1149.02 APPLICABILITY.

(a) New Uses. The requirements of this chapter shall apply to any zoning permit application involving the construction of a new structure or use in any district.

(b) Expanded Uses.

(1) Whenever a building or use created prior to the effective date of this code is expanded or enlarged in floor area, number of units, seating capacity, or otherwise that will create a need for an increase in the number of parking spaces, loading spaces, or vehicle stacking spaces, the additional spaces shall be provided on the basis of the new demand created by the area of the alteration, addition or change.

(2) If the proposed change, expansion or enlargement will increase floor area, number of dwelling units, seating capacity, or other area to an extent larger than thirty-five percent (35%) of the building or use prior to the effective date of this code, then the entire site shall come into compliance with the requirements of this chapter and landscaping and buffering requirements as prescribed in the Code.

(3) Any expansion, or enlargement smaller than the established in subsection (b)(2) above shall comply with the requirements of this chapter for any new parking, loading or stacking space areas required by the expansion. In cases where these small expansions or enlargements occur over a period of time after the effective date of this code, the site shall come into full compliance with the requirements of this chapter and landscaping and buffering requirements in the Code, once the total expansion or enlargement of the floor area, number of dwelling units, seating capacity or other area exceed thirty-five percent (35%) of the original size at the time this code became effective.

(4) If a vehicular use area is expanded without an expansion of any buildings or structures, the expansion shall be reviewed through the zoning permit process.

(c) Zoning Compliance. No certificate of Zoning Compliance shall be authorized unless the use meets the minimum number of parking spaces required by this chapter.

(d) Existing Uses. The requirements of this chapter shall not apply to buildings and uses legally in existence on the effective date of this code unless modified in the manner stated in subsection (b) or (c) hereof. Furthermore, any facilities regulated by this chapter that serve such existing buildings or uses shall not be reduced below the requirements established in this chapter in the future.

(e) Planned Unit Developments. All development in a PUD shall be subject to the standards of this chapter unless otherwise modified through the PUD review and approval process. (Ord. 19-92. Passed 9-9-19.)

1149.03 SIZE OF REQUIRED FACILITIES.

Sizes of off-street parking and loading spaces shall be provided for all new uses and existing uses that are enlarged, expanded or changed, in conformance with the standards of Table 18, Section 1149.26. (Ord. 19-92. Passed 9-9-19.)

1149.04 EXCEPTION FOR C-3 DOWNTOWN COMMERCIAL DISTRICT.

In recognition of the existing character and pedestrian orientation of the City's older downtown business areas, no off-street parking or loading shall be required for individual uses located entirely within the C-3 Downtown Commercial District. This exception is made to minimize curb cuts disruptive to safe and efficient pedestrian circulation and to encourage provision of off-street parking in centralized locations that serve multiple uses.

(Ord. 19-92. Passed 9-9-19.)

1149.05 PRESERVATION AND REPLACEMENT OF EXISTING SPACES.

No off-street parking or loading spaces either provided in conformity with the provisions of this or a previous Zoning Code or voluntarily provided in excess of what such provisions require, shall be reduced in size or number below the requirements herein, or further below such requirements, so long as the use they serve continues in operation.

(Ord. 19-92. Passed 9-9-19.)

1149.06 SUBMISSION OF SITE PLAN.

(a) A site plan showing off-street parking and loading facilities shall accompany an application for any of the following for any use required to provide over four off-street parking spaces or one or more off-street loading spaces:

(1) Building permit or certificate of occupancy;

(2) Conditional use permit;

(3) Rezoning;

(4) Preliminary or final plat approval as provided in the Subdivision Control Ordinance;

(5) Variance from off-street parking or loading requirements; and

(6) Planned unit development preliminary or final plan.

(b) The Zoning Administrator may waive or defer this requirement in any instance in which the specific use of the premises, and therefore the specific parking and loading requirements applicable, are not yet determined, such as in the case of a rezoning for an industrial subdivision. The site plan shall meet the requirements of Table 2, Section 1113.14.

(Ord. 19-92. Passed 9-9-19.)

1149.07 STORAGE AND REPAIR.

No storage of any kind, nor motor vehicle repair work except for emergency services, is permitted in any open off-street parking or loading area except those provided for single-family detached or attached dwellings. (Ord. 19-92. Passed 9-9-19.)

1149.08 ACCESS.

Each required off-street parking space and loading space shall open directly upon an aisle or driveway of such width and design as to provide a safe and efficient means of vehicular access, and shall have vehicular access to a public thoroughfare in a manner that shall least interfere with traffic movement thereupon. Dimensions of aisles and driveways shall be as provided in Table 18, Section 1149.26. (Ord. 19-92. Passed 9-9-19.)

1149.09 GRADING AND DRAINAGE.

All parking and loading areas shall be graded for proper drainage, and the volume of storm water runoff that exceeds that existing prior to the installation of such areas shall be discharged in a manner consistent with Section 928.03(b) of the Codified Ordinances and approved by the Director of Public Service. (Ord. 19-92. Passed 9-9-19.)

1149.10 MAINTENANCE.

All parking and loading areas shall be maintained free of dust, trash and debris. The surfacing, curbing, lighting fixtures, signage and related appurtenances shall be maintained in good condition so long as such areas are used for parking or loading purposes.

(Ord. 19-92. Passed 9-9-19.)

1149.11 LANDSCAPING AND SCREENING.

All off-street parking and loading areas shall be landscaped and screened as provided in Chapter 1151. (Ord. 19-92. Passed 9-9-19.)

1149.12 USE OF PARKING SPACES.

Except as otherwise provided herein, required off-street parking shall be used solely for parking for patrons, occupants, guests, visitors or employees of the premises on the same lot. Except as provided in Section 1149.17, no space shall serve as the required space for more than one use. (Ord. 19-92. Passed 9-9-19.)

1149.13 SMALL CAR PARKING SPACES.

Up to twenty-five percent (25%) of required off-street parking spaces may be of small car parking space dimensions as provided in Table 18, Section 1149.26, provided that such spaces are clearly identified by signs and pavement markings as intended for small cars only.

(Ord. 19-92. Passed 9-9-19.)

1149.14 COLLECTIVE PROVISION.

Required parking spaces for different uses may be provided collectively. Except as provided herein for shopping centers, the total number of spaces so provided shall not be less than the sum of the spaces required for each separate use. A binding written agreement shall be filed with an application for a building permit guaranteeing the intended users of collective parking spaces the right to their use. (Ord. 19-92. Passed 9-9-19.)

1149.15 SURFACING OF PARKING AREAS.

Except in the case of single-family detached dwellings, all open off-street parking areas and related vehicular access drives and aisles shall be surfaced with an asphalt, concrete, brick or paving block pavement. (Ord. 19-92. Passed 9-9-19.)

1149.16 OFF-STREET PARKING ALTERNATIVES.

(a) Land Banked Parking. Up to fifty percent (50%) of the required parking spaces may remain landscaped and unpaved, or paved with pervious pavement, provided that the parking and unpaved areas complies with the following standards and is authorized in accordance with this section.

(1) The parking plan submitted with the site plan application shall denote the location and layout of that portion of the parking area that currently is deemed not required. The plan shall indicate the "land banked" parking spaces will be constructed according to these regulations in the event that the Planning and Zoning Administrator determines at any time that all or any portion of this parking is necessary.

(2) The applicant shall be required to design the site for full compliance with the applicable storm water regulations, lighting regulations, and landscaping regulations even though a portion of the parking area may not be developed initially.

(3) Any conditions required by the City, and the design for the site as established above, shall be illustrated on a final site plan, approved as part of the zoning permit application and maintained as part of the City's official records.

(4) At no time shall any portion of the land banked parking area that is so designated for future construction be used for construction of any structure or paved surface with the exception that pervious pavement may be used to provide temporary parking provided that the pavers allow for grass and other vegetation to grow through the material.

(5) At no time shall any portion of the land banked parking or loading area that is so designated for future construction as provided herein be counted as open space or other non-paved areas required by other provisions of the code.

(6) The owner shall initiate construction of the approved land banked parking area(s), as identified on the approved parking plan, within three months of the receipt of a certified letter or a letter through normal postal service (in the event that the certified letter is not accepted) sent to the owner of record from the Planning and Zoning Administrator, identifying that such parking is determined to be necessary. Such determinations may be made:

A. When the Planning and Zoning Administrator is reviewing an application related to a change of use or activity; or

B. When the Planning and Zoning Administrator, or their designee, documents that vehicles related to the use are consistently parked on the grass, landscaping area, or on the street.

(7) Off-site or shared parking alternatives shall not be permitted where land bank parking is utilized. (Ord. 19-92. Passed 9-9-19.)

1149.17 SHARED PARKING OR OFF-STREET PARKING.

(a) Up to forty percent (40)%) of a parking lot may be utilized for shared parking or up to 100 percent of a parking lot may be utilized for off-site parking provided it complies with the standards of this subsection.

(b) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities and they are located on the same or adjacent properties.

(c) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request.

(d) Shared parking may be approved if:

(1) A sufficient number of spaces is provided to meet the highest demand of the participating uses;

(2) Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the Planning and Zoning Administrator, documenting the nature of uses and the hours when the individual uses will operate so as to demonstrate the lack of potential conflict between them.

(e) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses or hospitals. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking area.

(f) No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, the off-site parking areas shall still adhere to the vehicular use landscaping regulations of the code.

(g) If an off-site parking area is located in a different zoning district than the use served, the off-site parking areas shall still adhere to the vehicular use landscaping regulations.

(h) Parking Agreement Required. A parking agreement shall be required for shared or off-site parking arrangements.

(1) The agreement shall be subject to review and approval by the City's legal counsel and shall provide for the rights of the respective parties to use the parking areas as shared or off-site parking areas.

(2) The agreement shall include provisions and evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.

(3) The approved shared agreement shall be filed with the application for a zoning permit and shall be filed with the Muskingum County Recorder's Office in a manner as to encumber all properties involved in the parking agreement.

(4) The applicant shall be required to provide proof that the agreement has been recorded with the Muskingum County Recorder's Office prior to the issuance of a zoning permit. (Ord. 19-92. Passed 9-9-19.)

1149.18 WHEEL STOPS AND CONTINUOUS CURBS.

(a) Wheel stops or continuous curbs shall be provided in areas adjacent to sidewalks, walkways, and landscaping areas to protect such areas from damage or encroachment of vehicles and to provide necessary traffic control in the vehicular use area.

(b) Each wheel stop shall be a singular block of reinforced concrete, stone, or other durable material with dimensions capable of preventing vehicles from rolling over the wheel stop, preferably five inches in height, six inches in width and eight feet in length. Wheel stops shall be securely attached to the ground and may be used only at the end of parking stalls.

(c) Continuous curbs shall be made of concrete or stone, and shall be a minimum of six inches in height and six inches in width. They shall form a non-interrupted edge around all landscaped areas adjacent to parking and turn-around areas which are not protected by wheel stops. Continuous curbs may be modified or interrupted for the purposes of accommodating storm water runoff.

(d) The wheel stop or continuous curb shall be located a minimum of four feet from any structures, buildings, walls, or the trunk of a tree to prevent a vehicle from driving onto the landscape area or hitting any structure or plant material at the edge of the vehicular use area. The separation may be reduced to two feet from the edge of any shrub. The mature size of the plant material shall be specified to determine if the landscaping meets the setback requirements.

(e) Where continuous curbs are used, the paved area of the parking stall length may be reduced by two feet provided that the vehicle overhang will not encroach on pedestrian circulation or the required setback for desirable plant growth. Where wheel stops are used, the paved area of the parking stall length required shall not be reduced.

(Ord. 19-92. Passed 9-9-19.)

1149.19 LOCATION OF PARKING SPACES.

(a) On Same or Separate Lot. Required off-street parking for single-family detached and attached dwellings and manufactured homes on individual lots shall be provided on the same lot as the use served. Parking spaces within garages or carports and on driveways shall be counted as required spaces for such dwellings.

Required parking for other uses may also be provided on a separate lot that is in the same possession by deed or lease. No parking on a separate lot for any nonresidential use shall be separated from the use by any residentially-zoned property not in the same possession as the use.

Required parking for all uses with the exception noted in Section 1149.19 (a) shall be located no more than 500 feet from the nearest point of the parking area to the nearest entrance to the use served.

(b) In Yards.

(1) Single-family and townhouses. Required off-street parking for single-family detached and attached and townhouse dwellings may be located in front, side and rear yards.

For every 800 square feet of area contained within the actual front or corner side yard, one motor vehicle may be located forward of the actual building line opposite the front or corner side lot line the front of the dwelling faces, provided that the vehicle is located entirely on a driveway. Any additional motor vehicles shall be parked to the rear of such building line. Except that where the dimensions of actual side yards and the absence of an alley preclude vehicular access to the side and rear yards, this restriction shall not apply.

Where, because of the slope of a lot, location of a garage outside of the required front or corner side yard would necessitate a driveway slope greater than twelve percent (12%), the garage may be located within the required yard a minimum of six feet from the street line.

(2) Other uses. Required off-street parking for other uses may be located in required front, side and rear yards in all districts subject to the requirements for parking screening strips in Section 1151.03(b).

No off-street parking, driveway or other accessway for any non-single-family residential use is permitted within any required yard abutting property in an RS District. No parking for any nonresidential use is permitted within any required yard abutting property in any residential district.

Parking of motor vehicles on residential lots shall be limited to residents and visitors to that property or adjacent residential property only. All residential driveways and parking areas shall be properly maintained with an asphalt, concrete, brick, paving block or dust free crushed aggregate surface. (Ord. 19-92. Passed 9-9-19.)

1149.20 PARKING OF RECREATIONAL VEHICLES.

(a) In Residential Districts. A single recreational vehicle as defined herein per dwelling unit may be parked or stored in a Residential District provided that it is:

(1) Not occupied for living or sleeping purposes for more than seven consecutive nights;

(2) Not parked on a public street for more than seventy-two consecutive hours;

(3) Stored in its collapsed position if it is a vehicle of the collapsible type not stored in a garage; and

(4) Parked or stored in a location determined by the following:

A. The vehicle shall be parked in a garage, carport or covered parking space, where one is available on the premises large enough to accommodate the vehicle;

B. Otherwise, the vehicle shall be parked in the driveway to the rear of the actual building line of the principal building that is opposite the street to which the driveway has access where this is possible to do;

C. Otherwise, where the dimensions of actual side yards and the absence of an alley make compliance with subsection (a)(4)B. impossible, the vehicle shall be parked in the driveway ahead of such building line but not encroaching upon any public sidewalk;

D. Otherwise, where the dwelling unit does not have its own driveway, the vehicle shall be parked in an open off-street parking space.

(b) In Other Districts. There shall be no restrictions on parking of recreational vehicles in nonresidential districts, other than those concerning outdoor storage.

(Ord. 19-92. Passed 9-9-19.)

1149.21 PARKING OF COMMERCIAL VEHICLES AND TRAILERS.

(a) In Residential Districts. No commercial vehicle as defined herein weighing more than 7,000 pounds unloaded, or trailer as defined in Section 1109.01 of this Code, may be parked or stored in a residential district other than in a completely enclosed garage except for loading or unloading of household belongings between 6:00 a.m. and midnight for the purpose of moving a personal residence or for deliveries, repairs, maintenance, service calls, or construction on that premises for which a building permit has been issued and is posted.

(b) In Business Districts. No commercial vehicle as defined herein may be parked or stored in a Commercial or Office District other than in a completely enclosed garage or in a public off-street parking facility unless it is used in a business located on the same premises or is being parked temporarily by a customer, supplier, contractor or visitor or for loading, unloading, moving or construction, maintenance, or repair of the premises.

(Ord. 19-92. Passed 9-9-19.)

1149.22 HANDICAPPED PARKING .

All uses providing over twenty-five parking spaces shall mark at least one space as reserved for the handicapped. One space shall be so marked for the first fifty spaces and one additional space shall be marked for every 100 spaces thereafter. All such spaces shall be as close as possible to a building entrance accessible to the handicapped and shall offer barrier-free access thereto. Such spaces shall have sufficient width to allow for wheelchair access to a passenger car or passenger van parked therein. (Ord. 19-92. Passed 9-9-19.)

1149.23 OFF-STREET LOADING SPACES.

(a) Applicability. This code does not require a specific number of off-street loading spaces for uses but the standards of this subsection shall apply in any instance where an applicant proposes to provide off-street loading spaces or docks.

(b) Design Standards.

(1) Off-street loading spaces shall not overlap with any areas used for parking.

(2) The size of loading spaces must comply with standards in Section 1149.26 Table 18: Parking and Loading Dimensions.

(1) Loading spaces shall be located on the same lot as the use to be served, except when collectively provided as central loading facilities in conformance with the requirements herein

(2) Loading spaces shall be located as near as possible to the main structure and shall only be permitted in side and rear yards, except in the industrial zoning districts where loading spaces may be located adjacent to the front facade. The spaces shall be subject to the minimum setbacks established for the applicable zoning district.

(3) Loading spaces shall be located in such a way that no portion of a vehicle shall project into a street.

(Ord. 19-92. Passed 9-9-19.)

1149.24 SURFACING OF LOADING AREAS.

All open off-street loading spaces and related vehicular access drives and aisles shall be surfaced with a hard-surfaced all-weather pavement capable of bearing a live load of 200 pounds per square foot. (Ord. 19-92. Passed 9-9-19.)

1149.25 COLLECTIVE PROVISION FOR LOADING SPACES.

Loading spaces required for individual lots may be collectively provided in central facilities provided that all of the following requirements are met:

(a) The number of spaces provided is not less than that required by the total floor space for each category of use served.

(b) Each lot served has direct access to the central facilities without crossing streets at grade.

(d) Any tunnel or ramp between the central facilities and any lot served is at least seven feet wide and has a vertical clearance of at least seven feet.

(e) Written covenants and easements approved by the City and recorded with the County provide for the retention, maintenance and use of such facilities.

(Ord. 19-92. Passed 9-9-19.)

1149.26 TABLE 18: PARKING AND LOADING DIMENSIONS.

	Parking Spaces			Loading Space
	For Small Cars [a]	For other Cars	For Tractor-Trailers	For Other Trucks [d]
Minimum depth in feet	15[b]	18[b]	60	25
Minimum width in feet	7.5	9	14	10
Minimum vertical clearance in feet	7	7	14	14

	Parking Spaces			Loading Space
	For Small Cars [a]	For other Cars	For Tractor-Trailers	For Other Trucks [d]
Minimum aisle width in feet:
Angle of spaces:
0 degrees [d]	13	13	-	-
30 degrees	12	12	-	-
45 degrees	13	13	-	-
60 degrees	18	18	-	-
90 degrees [e]	24	24	-	-

Driveway width [f] in feet

	Residential Districts	Other Districts
Minimum	12	--
Maximum	24	36

Notes for Table 18

[a] Up to twenty-five percent (25%) of required spaces may be for small cars.

[b] Parallel parking spaces shall be twenty-two feet deep.

[c] Permitted for uses not normally serviced by tractor-trailers.

[d] Zero degree parking refers to parallel parking.

[e] Aisle width for ninety degree parking allows for two-way traffic.

[f] Measured at outer edge of sidewalk. Radii shall be approved by the Chief Building Official in compliance with standards established by the Director of Public Service. (Ord. 19-92. Passed 9-9-19.)

1149.27 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.

(a) Applications for single-family, two-family, and multi-family dwellings shall be required to provide the number of required off-street parking spaces as established in the table below: Residential Parking Requirements. The spaces may be located within a garage, on an approved driveway, or in an approved parking lot.

Residential Parking Requirements

Single-Family and Two-Family Dwellings:	2 spaces per dwelling unit

Multi-Family	1.5 spaces
Dwellings - Studio or One Bedroom Units:	per dwelling unit

Multi-Family Dwellings - Two or more Bedroom Units:	2 spaces per dwelling unit

(b) For multi-family dwelling developments with more than 20 units, an additional parking space shall be provided for every four dwelling units to provide additional guest parking.

(d) All applications found in Section 1149.06 (a)(1) - (a)(6) are required to demonstrate that the proposed number of off-street parking spaces provided is sufficient to serve the proposed use or activity.

(1) As part of the parking plan, the applicant shall provide a written analysis of parking requirements based on the following information:

A. Availability of on-street parking near the use and the distances to those spaces;

B. Building square footage for each specific use to be served by off-street parking;

C. Hours of operation;

D. Estimated number of patrons/customers at peak hours of operation;

E. Maximum numbers of employees present on one shift;

F. Availability of joint parking areas;

G. Building occupancy loads; and

H. Any additional information as requested by the City Planner.

(2) The Planning and Zoning Administrator has the authority to deny an application if he/she deems that an adequate amount of parking has not been provided. The Planning and Zoning Administrator shall provide, in writing, the reasons for the rejection. The Planning and Zoning Administrator may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI), and/or the Institute of Traffic Engineers (ITE) in making their determination.

(3) The Planning and Zoning Administrator's decision regarding parking requirements for a specific use is appealable to the Board of Zoning Appeals. (Ord. 19-92. Passed 9-9-19.)

1151.01 PURPOSE.

The purpose of the requirements in this chapter is to provide for appropriate landscaping and screening of parking and other outdoor areas that shall:

(a) Improve the appearance of vehicular use areas and property abutting public rights of way;

(b) Require buffering between different land uses; to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods;

(c) Promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature and artificial light glare;

(d) Promote and encourage storm water mitigation using landscape features on new and existing sites;

(e) Promote the preservation and replacement of trees and significant vegetation removed in the course of land development;

(f) Promote the proper utilization of landscaping between certain land uses to minimize the opportunities for nuisances.

(Ord. 19-82. Passed 8-26-19.)

1151.02 STORM WATER MITIGATION USING LANDSCAPE FEATURES.

Applicants for new and existing site development may be eligible for storm water mitigation credits from the City of Zanesville. Specific landscape features developed and implemented which mitigate storm water impacts of hard surfaces are eligible for credits. See the current City Storm water Credits Manual and Storm Water Codes for eligible landscape features and credits available. (Ord. 19-82. Passed 8-26-19.)

1151.03 MINIMUM LANDSCAPE REQUIREMENTS.

This section describes the minimum requirements that shall be met in regard to perimeter buffer landscaping for different land uses, perimeter landscaping for vehicular use areas, interior landscaping and shading of parking lots, landscaping for service areas, and additional site landscaping for businesses, buildings, structures or other new developments.

(a) Perimeter Buffer Landscaping Requirements.

(1) Purpose. It is the purpose of this section to require buffering between different land uses and along certain public rights-of-way (property perimeter requirements). See Section 1151.10, Table 23 for specific requirements.

(2) Opacity requirements. Landscape materials, earth mounding, fences, and walls used to fulfill perimeter buffering requirements shall be installed to provide 100 percent year round opacity. Plant material used to fulfill the requirements of this section must be evergreen and meet height and opacity requirements within four years after installation.

(3) Perimeter buffer landscape zone. The perimeter buffer landscape zone shall be provided by the property under development.

(b) Parking Screening Strip (Edge of Parking Area).

(1) Purpose. Parking Screening Strip requirements provide buffering of area used by vehicles such as parking lots and driveways from adjacent property or public rights-of-way. See Section 1151.11, Table 24 for specific requirements.

(2) Berming. For optimum screening effectiveness and improved landscape design, parking screening strips in front of corner side yards of uses providing over 120 open off-street parking spaces shall be bermed so as to largely conceal parked cars from view of the street except where in the judgment of the Board of Zoning Appeals the size, configuration or existing or proposed topography of the lot makes this infeasible or unnecessary or where erosion, drainage or maintenance problems might result. Berms shall be a minimum of two feet high at all points.

(3) Requirements conflicts. Whenever a parcel or activity falls under two or more of the categories listed in Section 1151.11, Table 24, only the category with the most stringent requirements shall be required.

(4) Perimeter buffer landscape zone conflicts. The required perimeter buffer landscape zone may be combined with a utility or other easement as long as all of the landscape requirements can be provided in addition to, and separate from, any other easement. Cars or other objects shall not overhang or otherwise intrude upon the required perimeter buffer landscape zone more than two and one-half feet, and wheel stops or curbs shall be required.

(5) Existing landscape material. Existing landscape material shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the public service authority, such material meets the requirements and achieves the objectives of this chapter.

(6) Landscaping at driveway and street intersections. To ensure that landscape materials do not constitute a driving hazard, a sight triangle shall be observed at all street intersections or intersections of driveways and streets. Within this sight triangle, no landscape material or parked vehicles, except for required grass or ground cover, shall be permitted. Trees shall be permitted within the sight triangle, as long as only the tree trunk is visible between the ground and a height of eight (8) feet above the ground, except during early growth stages, or as long as the tree otherwise dos not present a traffic visibility hazard.

A. Driveway intersection sight triangle. At intersections of driveways with streets, the sight triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point to a distance of ten (10) feet along the driveway to a point and a distance of thirty (30) feet along the street curb to a point and connecting these points.

B. Street intersection sight triangle. At street intersections, the sight triangle shall be formed by measuring 30 feet along each curb line from the intersection point of the two streets and connecting the end points.

(1) Purpose. It is the purpose of this section to break up large areas of impervious surfaces in order to provide shade and heat abatement, and enhance the appearance of the community.

(2) Applicability. Any open vehicular use area, excluding loading, unloading and storage areas in an industrial zone or business zone, containing more than 6,000 square feet of area, or twenty (20) or more vehicular parking spaces, shall provide interior landscaping in addition to the previously required perimeter landscaping. Interior landscaping for vehicular use areas may be peninsular or island types, and must include at least one deciduous shade tree per peninsula or island in order to be counted towards the required landscape area.

(3) Landscape Area. For each 100 square feet or fraction thereof, of vehicular use area, a minimum total of five (5) square feet of landscaped area shall be provided.

A. Minimum Area. The minimum landscape area permitted shall be 112 square feet with a minimum inside dimension width of seven (7) feet, and a four (4)-foot minimum dimension to all trees from edge of pavement where vehicles overhang.

B. Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed

1. For vehicular use areas of less than 30,000 square feet, no individual landscape area shall be larger than 350 square feet in size.

2. For vehicular use areas over 30,000 square feet, no individual landscape area shall be larger than 1,500 square feet in size.

3. In both cases, the least dimension of any required area shall be four feet minimum dimension to all trees from edge to pavement where vehicles overhang.

4. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.

(4) Tree Planting Requirement. The following number and size of trees are required within the interior landscaped area. This requirement is based upon total ground coverage of structures and vehicular areas:

A. There shall be a minimum of one tree for every 5,000 square feet of ground coverage. Trees must be at least two and one-half inches in caliper at installation.

B. Small trees shall not be used to fulfill this requirement, but are allowed as part of the overall planting design. See Section 1151.12, Table 25 for definition of Small trees.

C. Trees shall have a clear trunk from the ground to at least five (5) feet above the ground, and the remaining landscaped area shall be covered with hardwood mulch or planted with shrubs or ground cover, with no element to exceed two (2) feet in height.

(5) Vehicle over-hang. Parked vehicles may hang over the interior landscaped area no more than two and one-half (2 ½) feet, as long as concrete or other wheel stops are provided to ensure no greater overhang or penetration of the landscaped area.

(d) Screen (Around Other Open Uses).

(1) Purpose. It is the purpose of this section to screen Service Structures from public view.

(2) Applicability. Service structures shall be screened in all zoning districts. For the purposes of this section, service structures shall include but not limited to loading docks, storage tanks, dumpsters, electrical transformers, HVAC units, utility vaults which extend above the surface, cooling towers, roof top units and other equipment or elements providing service to a building or site. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures. Roof top mechanical units must be screened to the full height of the unit.

(3) Screening requirements. A continuous (having 100% opacity) hedge, vertical planting, fence wall or mound of earth is required to enclose any service structures on all sides, unless such structure must be frequently moved or serviced, in which case screening on all but one side is required. The height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed twelve (12) feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of sufficient height to meet the height requirement set out in this section. Plant material used to screen a service structure shall be an evergreen species which retains its needles throughout the year. Deciduous plant material cannot be used to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds (2/3) of the height of the service structure(s), and meet the height and opacity requirements within four (4) years. No interior landscaping shall be required within an area screened for service structures.

(4) Curbs to protect screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a curb to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The curbing shall be at least one (1) foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

(e) Additional Site Landscaping Requirements.

(1) Applicability. All new developments, regardless of type, and all alterations or expansions to existing developments, shall provide site landscaping in addition to any previously required perimeter landscaping. Site landscaping shall consist of foundation plantings, new tree planting or the preservation of existing trees or hedges within the development site.

(2) Preservation of wooded areas. Efforts shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas shall be designed to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. Whenever possible, heavily wooded areas may be designated as park reserves. (Refer to Chapter 1152, Tree Preservation).

(3) Site planting requirements.

A. Purpose. It is the purpose of this section to provide landscaping to enhance the appearance and customer attraction of commercial and industrial areas, to enhance the architectural character and aesthetics of residential neighborhoods, and to enhance the beauty of the city. This section pertains to additional landscaping located around the building and other portions of the site. It does not include landscape material that has been provided to fulfill the planting requirements for interior landscaping, vehicular use area perimeters, property perimeters, and street trees. See Section 1151.12, Table 25 for specific requirements.

B. For all new development the following landscape requirements shall apply:

1. All building facades fronting on a public street or plaza, where the building is greater than four (4) feet from the sidewalk, shall have continuous foundation plantings.

2. In the case of additions to existing buildings, the facades on both the addition and the existing building shall be landscaped with continuous foundation plantings.

3. Foundation plantings may be accommodated in planters or clustered in landscaped beds when continuous plantings are not feasible.

C. Parking Lots: See division (b) of this section, Parking Screening Strip.

D. New tree plantings shall not be required if the aggregate trunk sizes of existing trees meet or exceed the requirements set forth in this chapter and providing that the trees are evenly distributed throughout the developed area and not confined either to dense clusters or to the perimeter of the developed area. The minimum tree size for existing trees shall be no less than two and one-half inches in trunk diameter. Trees to be preserved shall be subject to review by the Community Development Department.

(Ord. 19-82. Passed 8-26-19.)

1151.04 SITES AFFECTED.

(a) New Sites. No certificate of zoning compliance or building permit shall be issued for any site development, or the construction or improvement to any building, structure or vehicular use area except where landscaping for such development has been approved as required by the provisions of this subchapter.

(b) Existing Sites. No building, structure, or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this subchapter is provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the entire site must be brought into compliance with the minimum requirements of this subchapter. An alteration or expansion to an existing property is substantial when:

(1) In the case of a building or structure expansion which does not involve additional land, the square footage of the alteration or expansion exceeds thirty-five percent (35%) of the square footage of the existing building exclusive of the alteration or expansion.

(2) In the case of an alteration or expansion involving both an existing building or structure and additional land, and if applicable, additional structures or buildings, the area or square footage of the expanded or altered land or structure or building, respectively, exceeds thirty-five percent (35%) of the area or square footage of the existing land or structure or building respectively, exclusive of the alteration or expansion.

(Ord. 19-82. Passed 8-26-19.)

1151.05 VARIANCES.

Any landscape plan disapproved by City Staff or the Planning Commission may be appealed to the Board of Zoning Appeals. The Board of Zoning Appeals may hear requests for major variances from the landscape requirements of this section in accordance with procedures of the Board of Zoning Appeals. Minor variances are reviewed and considered by City Staff.

(Ord. 19-82. Passed 8-26-19.)

1151.06 CONDITIONAL USES.

Because of their special characteristics, the Board of Zoning Appeals may require conditional uses to provide landscaping or screening that exceeds the requirements of this chapter.

(Ord. 19-82. Passed 8-26-19.)

1151.07 LANDSCAPE MATERIALS.

The landscaping materials shall consist of the following: the proposed landscape materials should complement the form of the existing trees and plantings, as well as the development's general design and architecture. The type of shade and sun found on the site should be considered in selecting planting materials.

(a) Earth Mounds. Earth mounds shall be physical barriers which block or screen the view similar to a hedge, fence or wall. Mounds shall be constructed with proper technique and planted with adequate plant material to prevent erosion. A difference in elevation between areas requiring screening does not constitute an existing earth mound and shall not be considered as fulfilling any screening requirement. Where mounds are to be mowed, the maximum permitted side slope is 3 horizontal units per 1 vertical until (3:1).

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

(1) Quality. Plant materials used in conformance with provisions of this chapter shall be nursery grown in accordance with good horticulture practices, grown under climatic conditions similar to those in central Ohio, shall conform to the standards of the AmericanHort Organization and shall have passed any inspections required under state regulations. In addition, trees shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. All trees must be transported from the nursery or holding area in a covered fashion to protect the tree from wind damage.

(2) Deciduous trees. Defined as trees which normally shed their leaves in the fall.

A. Trees shall be species having an average mature crown spread of greater than fifteen (15) feet in central Ohio. Tree having an average mature crown spread of less than fifteen (15) feet may be substituted by grouping of the same to create the equivalent of a fifteen (15) foot crown spread.

B. A minimum of ten feet overall height or a minimum caliper of at least one and three-fourths (1 3/4) inches immediately after planting shall be required (where caliper is trunk diameter measured six inches above the ground). In areas which have visibility requirements, trees shall have trunks which can be maintained clear of branches from the ground to a height of five (f) feet above the ground. At vehicular use area intersections, trees shall have trunks which can be maintained to be clear of branches from the ground to a height of eight (8) feet above the ground.

C. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than fifteen (15) feet to such public works, unless the tree root system is completely contained within a barrier for which the construction dimensions shall be five feet square and five feet deep, and for which the construction requirements shall be four inch thick, reinforced concrete.

(3) Prohibited trees. Prohibited Trees shall be those currently listed in Section 1151.13, Table 26 of the Zanesville Planning and Zoning Code.

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

(5) Shrubs and hedges. Shrubs shall be at least two (2) feet in minimum height when planted, and both shrubs and hedges shall confirm to the opacity and other requirements within four (4) years after planting.

(6) Vines. Vines shall be at least twelve (12) or fifteen (15) inches long at planting, and are generally used in conjunction with walls or fences.

(7) Grass or ground cover. Lawns shall be planted in perennial mix consisting of fescue, bluegrass or other members of the Grass Family (Poaceae), or other species normally grown as permanent lawns in central Ohio. These lawns may be sodded or seeded, except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, and nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeks and noxious pests or diseases. Ground cover shall be planted in such a manner as to present a finished appearance and seventy-five percent (75%) of complete coverage after complete growing seasons, with a maximum of eight inches on center. In certain cases, ground cover also may consist of rocks, pebbles, sand and similar approved materials.

(c) Maintenance and Installation. All landscaping materials shall be installed in accordance with accepted, good construction and planting procedures. The owner of the property shall be responsible for the continued proper maintenance of all landscaping materials, and shall keep them in proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one (1) year, or by the next planting period, whichever comes first; while other defective landscape material shall be replaced or repaired within three (3) months. All nonliving landscaping, including fences, walls and ornamental lighting, shall be maintained in a good condition at all times so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. Violation of these installation and maintenance provisions shall be grounds for the City to refuse zoning compliance or institute legal proceedings. Any individual found to be in violation of this section shall be guilty of a minor misdemeanor per tree or other planting. (Ord. 19-82. Passed 8-26-19.)

1151.08 PLAN SUBMISSION AND APPROVAL.

Whenever any property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for submittal to the Community Development Department for review. Said landscape plan shall be prepared by a Landscape Architect or industry certified landscape designer.

(a) Landscape Plan Content. The contents of the landscape plan shall include the following:

(1) Site Plan.

A. Drawn to an easily readable scale no smaller than one (1) inch equals twenty (20) feet;

B. Generally oriented such that north is at the top of the plan;

C. Showing and labeling by name, dimensions and square footage:

1. All existing and proposed property lines, easements, buildings and other structures, vehicular use area including parking stalls, driveways, service areas, water outlets, locations of structures within twenty (20) feet of property lines on adjoining parcels, and

2. Landscape materials including botanical and common plant names, installation sizes, on-center planting dimensions where applicable, and quantities for all proposed plants and existing trees;

(b) Site grading with a minimum of one-foot contour intervals;

(d) Title block including zoning district, pertinent names and addresses, identity of property owner, initials of person preparing the plan, along with scale, date and north arrow. (Ord. 19-82. Passed 8-26-19.)

1151.09 TABLE 22: DIMENSIONS OF REQUIRED TREES.

1. Minimum trunk diameter in inches [a]: 2.5

2. Minimum height in feet [b]: 8

3. Minimum spread of crown in feet [c]: 15

Notes for Table 22

Requirements apply to trees required in Table 23, Section 1151.10; Table 24, Section 1151.11 and Table 25, Section 1151.12, with the exception of Single Family; RS-1 District in Table 25.

All dimensions apply at time of installation except where indicated.

[a] Measured six inches above grade.

[b] Also subject to the requirements concerning vision clearance triangles in Chapter 1159.

[c] At maturity.

(Ord. 19-82. Passed 8-26-19.)

1151.10 TABLE 23: PERIMETER BUFFER LANDSCAPE REQUIREMENTS.

A. When the following	B... adjoins the following, or vice versa:	C...the minimum landscape within a buffer zone of this average width (with 3 ft. as the least dimension) is required.	D...which will contain this material, to achieve opacity required.
Any residential zone	Any office zone	10. ft adjacent to all common boundaries except street frontage	1 tree/40 ft. of lineal boundary, OFT, plus continuous 6 ft. high planting, hedge, fence, wall or earth mound
Any residential zone	Any commercial zone, except C-3	10 ft. adjacent to all common boundaries except street frontage	1 tree/40 ft. of lineal boundary, OFT, plus continuous 6 ft. high planting, hedge, fence, wall or earth mound
Any residential zone	Any industrial zone	10 ft. adjacent to all common boundaries except street frontage	1 tree/40 ft. of lineal boundary, OFT, plus continuous 6 ft. high planting, hedge, fence, wall or earth mound

Any office or commercial zone, except C-3	Any industrial zone	10 ft. adjacent to all common boundaries except street frontage	1 tree/40 ft. of lineal boundary, OFT, plus continuous 6 ft. high planting, hedge, fence, wall or earth mound
Any commercial zone, except C-3	Any commercial zone, except C-3	10 ft. adjacent to all common boundaries except street frontage	1 tree/40 ft. of lineal boundary, OFT, plus continuous 6 ft. high planting, hedge, fence, wall or earth mound
Any zone except AE zone and C-3	A freeway or arterial street prohibiting driveways	10 ft. for all zones adjacent to freeway or arterial	1 tree/30 ft., OFT, continuous 6 ft. height planting, hedge, wall, fence or earth mound
Any zone except agricultural, industrial zones and C-3	Railroads (except spur tracks)	10 ft. for all other zones adjacent to railroads	1 tree/30 ft., OFT, continuous 6 ft. height planting, hedge, wall, fence or earth mound
Any property boundary, including street rights-of-way, except C-3	Utility substation, junk yard, landfills, sewage plants or similar uses	10 ft. adjacent to all boundaries except only 5 ft. for utility substations measured adjacent to the enclosure	1 tree/30 ft., OFT, continuous 6 ft. height planting, hedge, wall, fence or earth mound

(Ord. 19-82. Passed 8-26-19.)

1151.11 TABLE 24: PARKING SCREENING STRIP REQUIREMENTS.

A. When the following	B... adjoins the following, or vice versa:	C...the minimum landscape easement of this width is required	D...which will contain this material to achieve opacity required.
Any property in any zone except C-2, C-3	Any vehicular use areas on adjacent property	4 ft. minimum to all trees from edge of paving where vehicles overhang, and 3 ft. strip that prohibits any vehicular over-hang for other areas, adjacent to portion of vehicular use area that faces building on adjacent property	1 tree/40 ft. of boundary of vehicular area OFT, plus a 3.5 ft. average height continuous planting, hedge, fence, wall or earth mound
Any public or private street right-of-way, access road or service road except freeways	Any vehicular use area, outside of C-2 or C-3 (except vehicular sales facilities) in any zone	Same as 1.C. above, except applies to VUA portion facing public or private street	1 tree/40 ft. OFT plus a 3.5 ft. average height continuous fence, wall, planting, hedge, earth mound
Any public or private street right-of-way, access road or service road, except freeways	Any vehicular use area (except loading and unloading areas) in C-2 or C-3 zones	3 ft. strip adjacent to portion of vehicular use area that faces a public or private street right-of-way	3.5 ft average height continuous planting, hedge, fence or wall

(Ord. 19-82. Passed 8-26-19.)

1151.12 TABLE 25: ADDITIONAL SITE LANDSCAPING REQUIREMENTS.

Use		Requirement
Single-Family Residential Districts: RS-1, RS-2, RS-3, RS-4 and RS-5		Front yard trees are recommended on every single family lot at the quantity and size specified in the following table. The trees to be planted shall have a minimum trunk caliper of no less than 2 inches. Trees shall be located in front of or along any front-facing facade of the home, no closer than three feet to a side property line. Corner and through lots shall meet these requirements on all street frontages. Small trees are defined as any tree species which normally attains a full-grown height of under 30 feet. Medium trees are defined as any tree species which normally attains a full-grown height between 30 and 50 feet. Large trees are defined as any tree species which normally attains a full-grown height equal to or greater than 50 feet.
Lot Width	Front Building Setback	Tree Size and Quantity
Up to 59.9 feet	Less than 20 feet	1 small tree
	20 feet or more	1 medium tree
60-90.9 feet	Less than 20 feet	1 medium tree plus 1 small tree
	20 feet or more	1 large tree plus 1 medium tree
91 feet or more	Less than 20 feet	1 large tree plus 2 trees of any size
	20 feet or more	2 large tree plus 1 tree of any size
Multi-Family Residential Districts: RA-1, RM-1, RM-2, and PUD Districts	There shall be tree plantings equal to one-inch in tree trunk size for every 300 square feet or fraction thereof in ground coverage by a multi-family structure.
Commercial Districts: C-1, C-2, and C-4 (per lot)	There shall be landscaped areas equal to 2% of the building ground coverage area, or fraction thereof. Landscaped areas shall contain trees, planting beds, hedges, fences, walls, earth mounds, benches or other materials designed and located in a manner complementary to the architecture of surrounding buildings.

Use		Requirement
Office - Institutional Districts: O-1, O-2	There shall be tree plantings equal to one inch in tree size for every 1,500 square feet of building ground coverage, or fraction thereof plus landscaped areas equal to 2% of the building ground coverage area, or fraction thereof. Landscaped areas shall contain trees, planting beds, hedges, fences, walls, earth
Industrial Districts:, I-1	There shall be tree plantings equal to one inch in tree size for every 2,000 square feet of building ground coverage, or fraction thereof.

(Ord. 19-82. Passed 8-26-19.)

1151.13 TABLE 26: PROHIBITED TREES.

Common Name	Scientific Name	Problems
Box Elder	Acer negundo	(Breakage and insect pests)
Silver Maple	Acer saccharinum	(Breakage; surface roots)
Buckeye, Horsechestnut	Aesculus species	(Insect & disease-prone; fruit litter)
Tree of Heaven	Ailanthus altissima	(invasive species)
Paper Birch	Betula papyrifera	(Insect pests)
European White Birch	Betula pendula	(Insect pests; leaves drop in dry periods)
Northern Catalpa	Catalpa speciosa	(Messy flowers and seed pods; insect pests)
Ash (all native species)	Fraxinus spp.	(Insect pests)
Ginko (female only)	Ginkgo biloba	(Fruit objectionable on street)
Tulip Tree	Liriodendrum tulipfera	(Insect pests; leaves drop in dry periods)
Osage orange	Maclura pomifera	(Fruit objectionable on street)
Apple	Malus pumila	(Insect & disease-prone; fruit litter)
Mulberry	Morus species	(Fruit objectionable on street)
Poplar	Populus species	Breakage; insect pests, disease-prone)
Common Name	Scientific Name	Problems
Callery Pear (incl. cvs.)	Pyrus calleryana	(Breakage; invasive)
Black Locust	Robinia pseudoacacia	(Breakage; insect pests, disease-prone)
Willow	Salix species	(Breakage; insect and disease-prone; roots)
European Mountain Ash	Sorbus aucuparia	(Breakage; insect pests, disease-prone)
American Elm (incl. cvs.)	Ulmus americana	(Insect pests, disease-prone)
Siberian Elm	Ulmus pumila	(Breakage and insect pests)

Notes for Table 26

Prohibited trees shall also include any that appear on lists of prohibited or invasive plants published by the Ohio Department of Natural Resources, the Ohio Department of Agriculture, or the Ohio Invasive Plant Council.

Number of varieties per street As a rule, streets are more attractive when they contain only one kind of tree. In new developments where an entire street is to be planted it is suggested that the property owners agree on a single variety. Although the planting along one street may be of a single variety, any one community should have a dozen or more kinds. The use of several varieties adds interest to the street-tree plantings of the City and insures against the loss of all trees in case of an epidemic disease striking any one species. The International Society of Arboriculture's "Diversification Formula" will be used as a guideline to prevent overplanting of a single tree species or family. This formula states that, out of the total tree planting, no more than ten percent (10%) should be from one family, and no more than five percent (5%) should be of one species. Sub-dividers or developers are requested to consult with the Community Development Department for a list of the current recommended street trees.

(Ord. 19-82. Passed 8-26-19.)

1152.01 PURPOSE.

The purpose of the requirements in this chapter is to provide for appropriate landscaping and screening of parking and other outdoor areas that shall:

(a) To conserve and protect to the greatest extent possible the city's existing trees, wooded areas, and fence rows;

(b) To enhance and promote the community image;

(d) To aid in the alleviation of erosion, siltation, and other harmful effects of land disturbing activities;

(e) To aid in controlling the quantity and intensity of storm water runoff;

(f) To alleviate air pollution and non-point source water pollution;

(g) To reduce noise pollution and light glare;

(h) To conserve energy; to protect and promote the use of existing vegetation as noise and visual buffers;

(i) To preserve the environmental and ecological benefit of trees on air pollution and carbon dioxide levels as well as dust filtration;

(j) To reduce energy consumption through the wind break and shade effects of trees when they are properly placed on a site;

(k) To preserve and enhance nesting areas for birds and other wildlife and to preserve movement corridors for wildlife;

(l) To promote the preservation, replacement and/or augmentation of trees that might otherwise be damaged or removed in the course of land development and building construction;

(m) And to promote the public health, safety, and welfare through the preservation and replacement of trees while allowing for the reasonable development of lands in such a manner that implements the stated goals, objectives, policies and standards of the city. (Ord. 19-91. Passed 9-9-19.)

1152.02 APPLICABILITY.

(a) Trees. This subchapter applies to trees which have a minimum six-inch diameter breast height (DBH), measured four-and-a-half feet above the ground, hereinafter known as protected trees, on all public and private properties, in all zoning districts except single family. However, owners of single family lots will be encouraged to replace protected trees.

(b) Exempted Trees. This tree preservation subchapter shall not apply to sites which have previously approved final development plans, final plat, or a certificate of zoning compliance or other similar final approval by the city prior to the date this provision takes effect.

(c) Tree Removal. No trees shall be removed from any parcel of land until a tree removal permit has been issued signifying compliance with the regulations of this Chapter by the Community Development Department or designee, unless specifically exempted by the provisions of this Chapter.

(d) New Development or Construction. No building permit or certificate of zoning compliance shall be issued for any development or the construction of any building, structure or vehicular use without it first being determined through the development plan review process that the proposed development is in conformance with the provisions of this Chapter.

(1) Substantial Alteration or Expansion of Existing Development. No building, structure or vehicular use area shall be substantially altered or expanded without it first being determined through the development plan review process that the proposed development is in conformance with the provisions of this chapter. A substantial alteration or expansion is defined as the square footage of the alteration or expansion exceeds thirty-five percent (35%) of the square footage of the existing building, structure or vehicle use area exclusive of the alteration or expansion.

(Ord. 19-91. Passed 9-9-19.)

1152.03 PENALTY.

In the event any violation of this chapter is committed, for which no specific penalty is otherwise provided, the owner or owners of the building or premises upon which the violation has been committed, any architect, builder or contractor who assists in the commission of such violation and any person, firm or corporation who violates or assists in the violation of any of the provisions of this chapter, shall for each and every violation for noncompliance be guilty of a minor misdemeanor, subject to a fine of one hundred dollars ($100.00). Each day during which a violation or noncompliance occurs shall constitute a separate offense.

(Ord. 19-91. Passed 9-9-19.)

1152.04 PRE-CONSTRUCTION REQUIREMENTS.

(a) General regulations. Prior to any construction activities on a site containing protected or public trees, a tree preservation plan including a tree survey, a site plan addressing street tree and public tree requirements, and a tree removal permit (if applicable) must be submitted to the city for review and approval. Prior to any construction activities on a site containing protected or public trees, excepting for heavily wooded sites, the developer or owner shall be required to have tree replacement plan in place and approved.

(b) Certificate of zoning compliance. A certificate of zoning compliance shall not be issued unless the tree survey and tree preservation plans have been submitted and approved by the city. No work shall begin on the site until the site has been inspected by the city for compliance with the tree preservation plan, including installation of protective fencing and tree preservation signage. In the event that work is started without the city inspection, a re-inspection fee will be collected for each re-inspection.

(c) Site layout and design. All reasonable efforts shall be undertaken in the architectural layout and site engineering design of the proposed development to preserve existing protected trees.

(1) It shall be required that building(s), driveway(s), sidewalks, bike paths, storm water management facilities, and parking areas be designed in such a way as to avoid unnecessary removal of protected trees.

(2) The required drainage and grading plan, including storm water management facilities, shall be developed in such a way as to avoid removal of protected trees in tree preservation areas, caused by risk of loss through change in grade or moisture.

(3) Proposed placement of all utility service lines shall be shown on the tree preservation plan. Every effort shall be made to protect existing protected trees during the placement of utility service lines including directional boring as opposed to open cutting as appropriate. A copy of the tree preservation plan and this subchapter shall be submitted at the preliminary plat stage by the applicant to the appropriate public utilities in order to alert said public utilities to the proposed placement of the utility service lines.

(4) Landscape planning shall include the preservation of existing healthy protected trees.

(5) Every effort shall be made during architectural and site engineering layout and design, including grading and utility placement, of the proposed development to preserve protected trees on adjacent parcels through sensitivity to the critical root zones of said protected trees. The critical root zones of protected trees on adjacent parcels shall be carefully reviewed and consideration given during the preparation of the tree preservation plan.

(Ord. 19-91. Passed 9-9-19.)

1152.05 TREE REMOVAL PERMIT.

(a) Issuance: No person shall remove, injure, destroy, disturb, or undertake any procedure which is likely to cause the death or substantial destruction of any protected tree without first procuring a tree removal permit from the city. Tree removal permits authorizing the removal of a protected tree may be issued by the Community Development Department or designee for the following reasons:

(1) The tree is dead or dying;

(2) The tree is affected with any injurious disease, fungus, insect or other pest;

(3) The tree is damaged or injured to the extent that it is likely to die or become diseased; or constitutes a hazard to persons or property.

(b) Application. The application for a tree removal permit shall contain:

(1) Name and address of applicant;

(2) Address of property where protected tree(s) sought to be removed is located;

(3) A written statement indicating the reason for removal of the protected tree(s);

(4) Name and address of contractor or other person who is proposed as having responsibility for tree removal;

(5) A tree removal permit fee shall be collected, as determined by the City of Zanesville. Collected fees shall be placed in the Tree Bank Fund. The Community Development Department may waive the fee requirement for permits involving 10 trees or less.

(1) May remove the tree(s) as provided in the permit;

(2) Shall replace the protected tree removed if it was damaged or injured by other than natural causes;

(3) Shall replace the protected tree if it was removed without a tree removal permit, or there is a violation of the tree removal permit;

(4) Is encouraged to replace the protected tree if it was diseased, dead or dying from natural causes;

(d) Emergencies.

(1) In order to avoid danger or hazard to persons or property, during emergency conditions requiring the immediate cutting or removal of a protected tree(s), a tree removal permit will be issued by the city without formal application.

(2) In the event of such an emergency, it shall be lawful to proceed with the cutting of the tree or trees to the extent necessary to avoid immediate danger or hazard. In such event the person causing the cutting shall report the action taken to the Community Development Department or designee within forty-eight (48) hours thereof. (Ord. 19-91. Passed 9-9-19.)

1152.06 TREE PRESERVATION PLAN.

(a) Tree preservation and habitat protection. All existing on-site healthy trees shall be preserved to the fullest extent reasonable, unless directed otherwise by the Community Development Department or designee. Special consideration should be given to mature or exceptional specimens. If appropriate, a habitat protection area shall be established to protect stream banks, wetlands, steep slopes, wildlife scenic views and other unique natural resources.

(b) Tree Preservation Plan. A tree preservation plan, which includes a tree survey, shall be filed in connection with the following projects: excavation, earth moving, demolition, road widening, road construction, road extensions, parking lots, utility service lines, utility structures, bike paths, sidewalks, the construction of new buildings, the construction of building additions, the construction of detached accessory buildings. The tree preservation plan and tree survey shall be filed prior to the commencement of any construction activities, including clearing and grading, and must be approved by the city. All structures and construction activity shall be located upon a parcel of land in such a way as to minimize tree damage and/or removal, consistent with the various setback requirements of the city Zoning Code and consistent with standard engineering practices for the design of public and private utilities, and with established erosion and sedimentation control practices, and consistent with the city's storm water management regulations. The tree preservation plan shall specify the following:

(1) Tree preservation area and building activity area on the parcel of land;

(2) Tree survey to be drawn to a suitable scale, not to exceed 1" = 50 feet, showing all existing trees on the site with a six-inch diameter at breast height (DBH) or greater. The tree survey shall indicate the location, species, the condition, and the outline of the critical root zone or fifteen (15) feet from base of trunk, whichever is greater;

(3) The location of all protective fencing;

(4) Location of all utility lines;

(5) Site grading;

(6) Specified locations for ingress, egress, operation and parking of all construction vehicles and equipment, and storage of solvents, hazardous materials, and soil and material stockpiles;

(7) Specified locations for all clearing, grubbing, grading and excavation;

(8) Other measures such as construction pruning and root pruning of trees directly impacted by construction must also be indicated on the plan or on an accompanying sheet and approved by the city. Pruning shall be performed in accordance with International Society of Arboriculture Standards and American National Standards Institute A-300 Pruning Standards; and

(9) Short term and long term maintenance plans.

(c) Coordination. The required tree preservation plan shall be coordinated with all landscaping required by the Landscape Code, Section 1151, to achieve a cohesive landscape treatment for the entire site. (Ord. 19-91. Passed 9-9-19.)

1152.07 CONSTRUCTION ACTIVITY REQUIREMENTS.

(a) Tree Preservation Plan. The approved tree preservation plan shall be available on the building site before work commences and at all times during construction of the project. The owner shall be responsible for notifying all contractors and utilities involved with a given project of the tree preservation plan.

(b) Construction Measures. During all phases of construction, all steps necessary to prevent the destruction or damage to protected trees (other than those specified to be removed) shall be taken, including but not limited to the following:

(1) No construction activity, movement and/or placement of equipment, vehicles, or materials or spoils storage shall be permitted within the tree preservation area. No excess soils, additional fill, liquids, or construction debris shall be placed within the critical root zone of any tree that is to be preserved;

(2) All required protective fencing or other physical barrier must be in place around the tree preservation area and approved by the city prior to the beginning of construction, including site clearing. The owner shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the tree preservation areas so that all protected trees shall be preserved. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet, whichever is greater, unless otherwise approved by the Community Development Department or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the tree preservation area. Tree protection signs must be located along the fencing. Any change in the protective fencing must be approved by the Community Development Department;

(3) No attachments, including but not limited to ropes, nails, advertising posters, signs, fences or wires (other than those approved for bracing, guying or wrapping) shall be attached to any trees;

(4) No gaseous, liquid or solid substances which are harmful to trees shall be permitted within the tree preservation area;

(5) No fire or heat shall be permitted within the tree preservation area;

(6) Unless otherwise authorized by the tree removal permit, no soil is to be removed from or placed upon the critical root zone of any tree that is to remain; and

(7) All utilities, including service lines, shall be installed in accordance with the tree preservation plan. Public utilities which have been notified of the tree preservation plan shall be responsible for adhering to said tree preservation plan during installation of necessary utility service lines. Every effort shall be made to protect existing protected trees during the placement of utility service lines including auguring and/or jacking as opposed to open cutting as appropriate.

(c) Compliance. It shall be unlawful for any person, firm or corporation, including public utilities, to fail to abide by the terms of any tree preservation plan or tree removal permit issued by the city. If, in the opinion of the city, the necessary precautions as specified in the tree preservation plan were not undertaken before construction commenced or are not maintained at any time during construction, a stop work order will be issued by the city until such time as the permittee complies with these precautions. (Ord. 19-91. Passed 9-9-19.)

1152.08 TREE REPLACEMENT.

(a) Tree Replacement Plan. A tree replacement plan prepared in consultation with the City shall be required as part of the applications for a tree removal permit and/or a certificate of zoning compliance. Tree replacements shall be indicated on a plan, drawn to a scale of not less than 1" = 50', which shows proposed locations and a plant list that specifies quantity, species, installation size, and total replacement caliper inches. This plan shall be approved by the Community Development Department or designee, and shall include:

(1) The location, common name, and size of all replacement trees to be planted on the site. If all required replacement trees cannot be accommodated on site, the plan shall indicate where and how the applicant will replace the balance of the required trees as outlined by this section.

(b) Protected Trees. Protected trees shall be replaced in accordance with the following schedule and with trees described in (c) below:

(1) Protected trees having a trunk diameter breast height up to twelve (12) inches are to be replaced on a one-for-one basis;

(2) Protected trees having a trunk diameter breast height of twelve (12) inches up to eighteen inches are to be replaced on a two-for-one basis;

(3) Protected trees having a trunk diameter breast height of twelve (12) inches up to eighteen inches are to be replaced on a two-for-one basis;

(4) Protected trees having a trunk diameter breast height of twenty-four (24) inches up to thirty inches are to be replaced on a four-for-one basis; and

(5) Protected trees having a trunk diameter breast height of thirty (30) inches and over are to be replaced on a five-for-one basis.

(c) Replacement Trees. All replacement trees should be of a deciduous species which is indigenous to the region and shall be made with new trees of not less than two-and-one-half inch caliper, measured six (6) inches above the ground level. Replacements shall be made within one year of the date of the removal of any trees for which such replacement is required. All replacement trees shall otherwise conform to the Landscape Code, Section 1151. See Section 1151.13, Table 25 for Prohibited Trees.

(d) Replacement Options. The intent of replacement of removed trees overall is to maintain an equivalent tree canopy citywide before and after removal/construction.

(1) On-Site Replacement Option. A minimum of fifty percent (50%) of the required replacement trees shall be replanted in a location on the site from which the original trees were removed to maintain the remaining natural distribution of tree cover in the City.

(2) Tree Bank Fund Option. If On-Site Replacement, (d) (1) above, cannot accommodate the required replacement trees, a payment in lieu of replanting may be utilized, with fee rate to be determined by the City of Zanesville. The replacement fee for each tree shall be allocated to the Tree Bank Fund according to the schedule of fees established by Council. Tree Bank Funds shall be used only for the planting and installation of trees on public property at any location within the City, including in the right of way as determined by the City in its sole discretion. Planting and installation may include purchase, transportation, mulching, watering, and labor associated with the replacement tree(s) for up to one year from the date of planting. An Applicant who chooses this Replacement Option shall have no right of decision in the location, type, or method of installation or maintenance of trees, as the payment is a voluntary payment in lieu of planting the required caliper inches of trees on site as given in replacement Option (d) (1).

(3) Replacement Schedule for Heavily Wooded Sites. In lieu of the provisions in the Section above, the developer or owner of a heavily wooded site, as defined herein, shall, during the course of development, be required to retain or replace protected trees in accordance with the following provisions:

A. Any lot with a minimum of seventy percent (70%) canopy coverage is considered a heavily wooded site.

B. A minimum of thirty percent (30%) of the development site shall remain under canopy coverage.

C. At the conclusion of development and installation of landscaping, a sufficient number of large canopy trees shall have been planted or retained so as to return the development site to the percentage of canopy coverage existing prior to development. The canopy coverage shall be achieved over a thirty year period.

(4) Additional Requirements. The requirement for tree canopy coverage shall be considered as being in addition to any other landscaping required.

A. Failure to replace a protected tree or a canopy tree within one year of the approval of the application is a violation of the Zoning Ordinance, subject to penalty.

(5) Tree Replacements and Landscape Code. The tree replacement requirements of this Chapter shall be in addition to the landscaping and screening requirements of the Landscape Code. All replacements shall be installed and maintained in accordance with the Landscape Code.

A. The required tree replacement plan shall be coordinated with all landscaping required by the Landscape Code to achieve a cohesive landscape treatment for the entire site.

(Ord. 19-91. Passed 9-9-19.)

1152.09 DUTY OF PROPERTY OWNER TO PRUNE PLANTS ON PRIVATELY OWNED PROPERTY.

(a) It shall be the duty of any person or persons owning real property bordering on any street upon which property there may be plants, trees or shrubs, to prune, or cause to be pruned, such plants, trees or shrubs in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks or pathways, obstruct visibility of traffic signs, obstruct visibility of or from any driveway, street, or alley intersection, or generally obstruct vehicular traffic.

(b) Should any person or persons owning real property bordering on any street fail to prune plants, trees, or shrubs as herein provided above, the City shall order such person or persons within fifteen (15) days after receipt of written notice, to so prune such plants, trees, or shrubs. The order shall be served by hand delivery to the property owner or by mailing a copy of the order to the last known address of the property owner by certified mail, return receipt requested.

(c) When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city, its employees, or agents to enter onto the property to prune such plants, trees, or shrubs and to bill to the property owner the actual cost of the work incurred by the city. In addition to paying the actual cost of the work, the property owner shall pay a penalty equal to fifty percent (50%) of the actual cost of the work.

(d) If the property owner fails to pay for the actual cost of the work and/or the penalty, city council may make a written return to the county auditor of its action with a statement of the charges of its services, the fees of the officers who made the service of the notice and return, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the city with the general fund.

(e) Notices of violations of this section shall be served by certified mail and/or by hand delivery to the property owner. (Ord. 19-91. Passed 9-9-19.)

1152.10 FLEXIBILITY.

The standards and criteria in this Chapter establish the City's objectives and the level of tree preservation expected. However, in applying these standards, the Development Department, Shade Tree Commission, and City Council may exercise discretion and flexibility with respect to the placement and arrangement of required elements to assure that the objectives of this chapter and the proposed development are best satisfied.

(Ord. 19-91. Passed 9-9-19.)

1152.11 APPEALS.

Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals any decision made by the city staff. (Ord. 19-91. Passed 9-9-19.)

1153.01 PURPOSE.

The purpose of these regulations is to encourage the proper development of signs and signage systems so as to:

(a) Prevent signs from becoming a distraction or obstruction to the safe and efficient flow of pedestrian and vehicular traffic,

(b) Prevent sigs from having an adverse impact on adjacent properties or uses,

(d) Encourage the development of signage systems that promote an active economic and business environment, and

(e) Promote the principle of content neutrality in the regulation of signs and signage systems.

(Ord. 18-124. Passed 12-10-18.)

1153.02 APPLICABILITY.

(a) No sign as defined herein shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, replaced or altered except in conformance with the provisions of this chapter and after issuance of a sign permit by the City, except as exempted herein.

(b) The types of signs listed as exempt in Table 26, Section 1153.17 and meeting the requirements of Table 27, Section 1153.18, and any change thereto that does not convert them into nonexempt signs, shall be exempt from:

(1) The requirement for a sign permit; and

(2) The sign standards for nonexempt signs provided in Table 28, Section 1153.19.

(Ord. 87-94. Passed 7-27-87.)

1153.03 NONCONFORMING SIGNS.

(a) Temporary and Portable Signs. All temporary signs and portable signs shall be either removed or brought into full conformity with the applicable requirements of this Zoning Code within forty-five days of the adoption thereof or of any amendment thereto.

(b) Other Signs.

(1) All other signs lawfully existing, or holding sign permits issued, prior to the date of adoption of this Code, but which are not in conformance with applicable regulations herein, may be continued as nonconformities.

(2) Nonconforming signs shall be subject to all the requirements governing the continuation of nonconforming structures as provided in the regulation governing nonconformities in this Code.

(3) Copy on changeable copy signs as defined herein, whether nonconforming or not, may be changed, and faces replaced on other types of signs, provided that there has been no change in use of the premises, that the copy change involves no structural change or change in any dimension of the sign, and that the change does not create any further nonconformity. No nonconforming sign may otherwise be replaced with another nonconforming sign except as approved by the Board of Zoning Appeals under provisions for change of use in Chapter 1157.

(4) No elimination or partial elimination of any nonconformity shall be required as a condition of issuance of any sign permit unless there is a change of use or other action specified in Chapter 1157 that requires such elimination or partial elimination.

(Ord. 87-94. Passed 7-27-87.)

1153.04 MAINTENANCE AND REPAIR REQUIRED.

The appearance and safety of a sign shall be maintained by the owner at all times. The sign shall be repainted as necessary to prevent rust, corrosion, rotting or other deterioration in the appearance or structural safety of the sign. The source of illumination shall be kept in safe working order at all times. The area on the same lot within ten feet in all directions from any part of a sign structure located upon the ground shall be kept clear of all debris and all undergrowth more than five inches in height.

(Ord. 87-94. Passed 7-27-87.)

1153.05 VEGETATION IMPAIRING SIGN VISIBILITY.

For the purpose of enhancing the visibility of a sign, a tree, shrub or other vegetation may be trimmed, removed, damaged or destroyed only if:

(a) The vegetation is on property within the same ownership or control as the sign and is not required under any permit issued under this Zoning Code; or

(b) The vegetation is on other private or public property and the owner or management thereof has given express written authorization for the work.

(Ord. 87-94. Passed 7-27-87.)

1153.06 PERMITS.

(a) Contents of Sign Permit Application. An application for a sign permit shall be made upon forms provided by the Chief Building Official and shall include the applicable information provided for in Table 1, Section 1113.13.

(b) Issuance of Sign Permits. The Chief Building Official shall issue a sign permit for any sign for which a complete and accurate sign permit application and nonrefundable permit fee have been filed when he or she has determined that the sign is in compliance with this and other applicable City ordinances. The permit fee shall be doubled if the sign has been fully or partially installed prior to issuance of the permit.

(d) Suspension, Revocation and Denial.

(1) A sign permit shall become void if the sign authorized thereby has not been completely installed within six months of the date the permit was issued, unless the Chief Building Official has granted an extension. Such extension shall be applied for before expiration of the initial six-month period and shall be limited to a single extension of six months.

(2) The Chief Building Official shall give written notice to the applicant of denial of a sign permit application together with the reasons for the denial.

(3) The Chief Building Official may suspend or revoke, in writing to the permittee, any sign permit issued on the basis of misstatement of fact.

(Ord. 18-124. Passed 12-10-18.)

1153.07 SIGN REMOVAL.

(a) Abandoned Signs.

(1) Any on premise sign as defined herein that no longer identifies a business, activity, event or service conducted or product, service or entertainment sold on the premises where the sign is located shall be considered abandoned and shall be removed by the sign owner within ninety days of the discontinuation of the activity, product or service.

(2) If the message portion of any on premise sign is removed leaving only the shell and/or support structure, the sign owner shall within ninety days of such removal either replace the entire message portion (unless this is prohibited under nonconformity provisions herein) or remove all the remaining components of the sign.

(b) Unsafe Signs. The Chief Building Official may remove any sign or portion thereof that he or she determines to constitute an immediate threat to public health or safety.

After any such removal of a sign, the Chief Building Official shall send a notice to the sign owner stating the nature of the removal work performed and demanding payment of the cost thereof plus ten percent (10%) for inspection and administration costs. If such amount is not paid within thirty days of the notice, it shall become a lien against the property of the sign owner.

(c) Temporary Signs. Nonexempt temporary signs shall be removed by the owner thereof within ten days of the expiration of the sign permit or of the date provided below, whichever comes first. Exempt temporary signs shall be removed within ten days of the applicable date provided below.

Type of Sign	Removal Date
Exempt
Real estate signs	Consummation of sale or rental of all properties to which sign pertains
Institutional special event signs	End of special event to which sign pertains
Yard sale signs	End of sale
Nonexempt
Construction signs	Issuance of certificate of occupancy
Real estate signs	Consummation of sale or rental of all properties to which sign pertains

(Ord. 18-124. Passed 12-10-18.)

1153.08 VIOLATION, PENALTY AND ENFORCEMENT.

If upon inspection the Chief Building Official finds that any sign is abandoned, unsafe or in any way not in compliance with City ordinances, he or she shall issue a written order to the sign owner stating the nature of the violation and requiring the repair, replacement or removal of the sign within thirty days of the date of the order.

If after thirty days of issuance an order has not been complied with, the sign owner shall be in violation of this Zoning Code under the provisions in Section 1105.99.

(Ord. 87-94. Passed 7-27-87.)

1153.09 INSURANCE AND BOND REQUIREMENTS.

(a) Every applicant for a sign permit for a sign to be so located that it may fall upon a public right-of-way shall file with the Chief Building Official a multi-peril liability insurance policy, or a certificate of insurance therefor, covering all damage or injury that might be caused in an amount not less than five hundred thousand dollars ($500,000) for personal injury and fifty thousand dollars ($50,000) for property damage.

(b) The City and its officers, agents and employees shall be named as additional parties insured. This policy shall be maintained in force so long as the sign permit is in effect. The Chief Building Official shall revoke such permit if at any time the insurance is not in full force.

(c) In lieu of insurance, the applicant may file an indemnity bond, with a corporate surety satisfactory to the Chief Building Official, in the amount of five hundred thousand dollars ($500,000), which shall indemnify and hold harmless the City and its officers, agents and employees from all claims, losses or lawsuits resulting from the sign.

(Ord. 87-94. Passed 7-27-87.)

1153.10 LICENSING.

No person shall perform electrical work upon a sign who is not licensed by the City under Chapter 1311 of the Codified Ordinances. Contractors shall annually renew their licenses and file liability insurance certificates with the Chief Building Official.

(Ord. 87-94. Passed 7-27-87.)

1153.11 VARIANCES AND APPEALS.

Variances and appeals from the application of the sign regulations herein shall be as provided in Chapters 1105 and 1115 to 1121.

(Ord. 87-94. Passed 7-27-87.)

1153.12 STANDARDS FOR ALL SIGNS; MODIFICATIONS.

(a) All exempt and nonexempt signs shall conform to the standards in the following sections, except as otherwise provided herein.

(b) Exempt and nonexempt signs shall conform to applicable standards in Tables 27 and 28, Sections 1153.18 to 1153.19.

(c) Required sign standards provided in Table 28, Section 1153.19 may be modified as provided in Table 29, Section 1153.20 provided the conditions specified therein are established and maintained at all times while the sign is established.

(Ord. 18-124. Passed 12-10-18.)

1153.13 LOCATION AND PLACEMENT.

(a) Within Public Right-of-Way. No sign or associated light fixture shall be located within, project into or overhang a public right-of-way, such as a sign upon a utility pole therein, except as otherwise permitted herein.

(b) Obstructions. No sign may obstruct a fire escape, door, window or other entrance or exitway, nor any window surface required for ventilation by any City code.

(c) Traffic Hazards. No sign may by reason of location or location and size obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic signal or control device.

(d) Proximity to Electric Wires. No metal sign shall be located within a vertical distance of eight feet, or a horizontal distance of four feet, of electric wires or conductors not attached to the sign, even if such wires or conductors are protected.

(e) Clearance for Metal Electrical Signs. All metal signs with electrical wiring shall have a minimum sign clearance of one and five-tenths feet.

(f) Vision Clearance. Any sign located within the vision clearance triangle as defined herein shall have a minimum sign clearance of eight feet unless the sign height is two and five-tenths feet or less.

(g) Conformity to Existing Sign Setback. The required setback on a lot for a nonexempt free-standing sign for a commercial use or outdoor advertising sign shall be modified if there exists any free-standing sign, outdoor advertising sign, or principal building with a lesser setback located on the same side of the street within 100 feet of the face of the sign measured along the right-of-way of the street to which the sign is oriented. In such case, the required setback shall be the smallest actual setback of any such existing sign or principal building, or five feet, whichever is less.

(Ord. 87-94. Passed 7-27-87; Ord 89-5. Passed 1-23-89.)

1153.14 ILLUMINATION.

(a) Bare Bulb or Flame Illumination. Illumination by bare bulbs or flames is prohibited, except for neon tubing, indirect lighting on outdoor advertising signs, and bare bulbs on changing signs or on marquees of operating theatres.

(b) Projecting Light Fixtures. Gooseneck reflectors or other arms projecting from the sign mounted with lights to illuminate the sign are permitted only on free-standing, wall, projecting and outdoor advertising signs.

(d) Nonglaring. The light for any illuminated sign shall be shaded, shielded or directed so as not to cause glare in surrounding properties or in public streets.

(e) Intensity of Illumination. The maximum intensity of illumination at the face of any sign shall be 150 foot candles.

(f) Traffic Hazards. No direct or reflected light from a light source for an illuminated sign shall create a traffic hazard for operators of motor vehicles.

(Ord. 87-94. Passed 7-27-87.)

1153.15 RESEMBLANCE TO TRAFFIC DEVICES.

No sign shall by reason of shape, color, content or use of lighting be similar in appearance to any traffic signal or traffic sign in a way that may interfere with traffic movement or safety.

(Ord. 18-124. Passed 12-10-18.)

1153.16 CONSTRUCTION STANDARDS.

(a) Building and Electrical Codes Apply.

(1) All signs shall conform to the Building Code, including the electrical provisions therein. Required building or electrical permits shall be obtained at the same time as the sign permit.

(2) Conductors for all illuminated signs shall be enclosed in rigid conduit or other approved raceways and shall be controlled with an external disconnect. All sign circuit conduit shall where possible be concealed from public view.

(b) Wind Pressure and Dead Load Requirements. All nonexempt signs shall be designed and constructed to withstand a wind pressure of not less than thirty pounds per square foot of surface area and to receive dead loads as required in the City Building Code or other City ordinances.

(c) Structural Safety. All nonexempt signs shall be designed and constructed in a safe manner and shall be free of any exposed extra bracing, angle iron, guy wires or cables.

(d) Glass Requirements. Any glass used on a nonexempt sign other than the window glass of a window sign shall be heavy safety glass at least one-fourth inch thick. All single pieces of glass over three square feet in area shall be wired glass.

(e) Framework. All nonexempt signs shall be designed so that all framework for the support of the sign, other than supporting poles for a free-standing sign, shall be contained within or behind the face of the sign, or within the building, so as not to be visible to public view.

(f) Anchoring. Free-standing signs shall have self-supporting structures erected on or permanently attached to concrete foundations. No sign shall be suspended by non-rigid attachments that allow the sign to swing freely. Portable signs on display shall be secured to prevent motion.

(g) Attachments To Be Secured. All letters, figures, characters and embellishments on a sign shall be safely and securely attached to the sign structure.

(Ord. 87-94. Passed 7-27-87.)

1153.17 TABLE 26: REGULATORY STATUS OF SIGN TYPES.

		Nonexempt
	Exempt	Permitted	Conditional Use	Prohibited
Awning signs		x
Awning signs, electric		x
Apartment building identification signs		x
Balloons and air-activated signs, permanent				x
Banner signs:
Temporary [b]	x
Permanent		x
Bulletin boards	x
Canopy signs		x
Changing signs		x
Construction signs		x
Copy change on sign [e]	x
Directional signs:
Nonilluminated	x
Illuminated	x
Directory signs		x
Election campaign signs	x
Expressway signs		x
Flags and institutional insignias	x
Flashing signs				x
Free-standing signs		x
Government or utility signs	x
Government-mandated signs	x
Help wanted signs	x
Industrial park entrance signs		x
Institutional/government announcement board	x
Institutional use signs, permanent		x
Institutional use signs, temporary	x
Maintenance, cleaning, repair or painting of sign:
On-site [f]	x
Off-site [g]		x
Memorials and plaques	x
Menu board signs		x
Message boards		x
Moving signs:
Rotating signs		x
Other moving signs			x
Mural signs:
On walls			x
Elsewhere				x
Name plate sins	x
No trespassing signs	x
Outdoor advertising signs:
Over 378 SF or 40 feet high			x
All other		x
Portable signs		x
Projecting signs:
In C-3 or HO Districts		x
Elsewhere				x
Real estate signs:
8 SF or less	x
Over 8 SF		x
Residential development entrance signs		x
Roof signs				x
Sandwich-type signs, permanent				x
Scoreboards, athletic	x
Search and beacon lights, temporary [c]		x
Seasonal displays [h]	x
Service station signs		x
Shopping center signs		x
Sidewalk or curb signs				x
Signs in HO District District [d]		x
Signs on rocks, trees, or natural objects				x
Signs on vacant land [a]				x
Streamers, festoons, pennants, permanent				x
Street clocks		x
Street numbers	x
Strings of lights, permanent				x
Temporary signs, all other [c]		x
Under canopy signs		x
Vehicle signs				x
Vending machine signs	x
Wall signs		x
Window signs:
Temporary	x
Permanent		x
Yard sale signs	x
All other nonexempt permanent signs not expressly permitted herein				x

Notes for Table 26

See Table 27, Section 1153.18 for requirements for exempt signs.

See Table 28, Section 1153.19 for requirements for nonexempt signs.

For distinction between "temporary" and "permanent signs", see Chapter 1109 .

[a] Except real estate signs, construction signs or outdoor advertising signs, which are permitted on vacant land.

[b] Temporary banner signs in the O-1 Local Office District are not exempt.

[c] May be permitted as provided under temporary uses in Chapter 1129.

[d] Permitted only after issuance by the Design Review Board of a certificate of appropriateness.

[e] Change in copy of a changeable copy sign (including outdoor advertising signs) or face replacement on a sign not involving structural change, a change in any dimension thereof, removal of all or any part of the sign support structure, or any change of use.

[f] No sign permit shall be required for maintenance operations, such as removal and reinstallation of sign faces, that do not involve removal of all or any part of the sign support structure.

[g] A sign permit shall be required for:

1. Any maintenance or repair involving removal and reinstallation of all or any part of the sign support structure; or

2. Any structural repair or alteration to the support structure.

(Ord. 18-124. Passed 12-10-18.)

1153.18 TABLE 27: STANDARDS FOR EXEMPT SIGNS.

	Number Permitted Per Lot*	Maximum Area (sq. ft.)**	Maximum Height (Feet)	Minimum Setback (feet)	Other Require- ments
Permanent Signs:
Directional signs	--	8	--	--	[a] [c]
Flags and institutional insignias	--	--	--	--	[b]
Government or utility signs	--	--	--	--
Government-mandated signs	--	--	--	--
Institutional/government announcement board	1	16	--	--	[f] [c]
Memorial signs	--	--	--	--	[c]
Name plate signs:	1 [B}	2	--	--	--
No trespassing signs	2	2	--	--	[h]
Scoreboards	--	--	--	--	[c]
Vending machine signs	--	20	--	--	[I] [a] [c]
Street numbers	--	2	--	--	--

Temporary Signs:
Banner signs, temporary	--	--	--	--	[d] [c]
Bulletin board signs	--	--	--	--	[j] [c]
Yard sale signs	--–	4	--	--	[l]
Help wanted signs	1 [B]	8	--	--	[m] [c]
Institutional signs, temporary	--	--	--	--	[n] [c]
Real estate signs	--	8	--	5	[e]
Window signs, temporary	--	--	--	--	[g] [e]

Notes for Table 27

Signs not meeting the standards of this table are not exempt and are subject to the requirements of Table 28, Section 1153.19 and other regulations governing nonexempt signs herein.

-- Signifies no restriction except as specified in footnotes or Chapter 1109.

[A] Per entrance or exit to or from street, alley or parking area.

[B] Per business establishment or home occupation per lot.

[a] See also Table 29, Section 1153.20.

[b] The flag, pennant or insignia of any governmental unit or religious, civic, educational or philanthropic institution.

[c] Not permitted for residential uses.

[d] Temporary banner signs are permitted only for commercial, office and industrial uses. They may be continued beyond the thirty-day temporary sign period as nonexempt signs subject to issuance of a sign permit and the restrictions in Table 28, Section 1153.19. Temporary banner signs in the O-1 District are not exempt.

[e] See Table 28 for nonexempt real estate signs.

[f] The area of both nonexempt permanent window signs and temporary window signs together shall not exceed fifty percent (50%) of the area of any window of any establishment.

[g] Or no dumping, no hunting or similar signs.

[h] Permanent signs on vending machines, fuel pumps, ice containers, telephone booths and the like.

[i] Temporary paper notices placed on bulletin boards or kiosks.

[j] Displayed on the same premises as the yard sale. No more than two off-premise temporary signs not exceeding two square feet each in area directing the public to the sale may in addition be displayed on any other property with the permission of the property owner. Yard sale signs shall be displayed only during and not more than two days prior to the sale to which they pertain.

[k] Located in the window of an establishment offering employment on the premises.

[l] Announcing a special event of a religious, educational or philanthropic institution and displayed only on property controlled by the institution and for a maximum of fifteen days before the event.

[m] In no case shall any permanent or temporary sign in any RS, RA or RM District exceed 32 SF in size and/or 6 feet in height.

(Ord. 18-124. Passed 12-10-18.)

1153.19 TABLE 28: STANDARDS FOR NONEXEMPT SIGNS.

	Number Permitted Per Lot*	Maximum Area (sq.ft.)**		Maximum Height (feet)**	Minimum Setback (feet)**	Other Require- ments
		W.O. Bonus	With Bonus
General:
Construction signs	1 [a]	32	32	12	5	[d]
Outdoor advertising signs	1	378	378	40	RFY	[p]
Real estate signs	1 [a]	32	32	12	5	[n] [d]
Signs in HO District	--	--	--	--	--	[j]

Residential Uses:
Apartment building identification signs	1	8	8	--	--	--
Development entrance signs	1 [b]	32	32	6	15	[w]

Institutional Uses:	1 [a]	32	32	6	5	--

Commercial, Office, and Industrial Uses:
Wall/awning/canopy signs [1]:
Front	1 [c]	100	130	[k]	--	[k]
Rear/side entrance signs	1 [b]	32	42	12	--	[m]

Free standing signs [2]:
Office/industrial uses:
Park entrance signs	1 [b]	50	100	6	15	--
Other signs	1 [a]	50	100	6	15	[h]

Commercial uses:
Expressway signs	1 [e]	378	378	40	15	[e]
Message boards or changing signs	1 [a]	[g]	[g]	--	--	--
Shopping center signs	1	100	200	20	15	[l]
Other signs	1-2[a]	100	200	20	15	[I]
In C-3 Districts	1 [a]	32	64	12	0	--

All uses in HO District	1 [a]	16	32	6	5	[j]

Other signs:
Banner signs, permanent	--	--	--	--	--	[q]
Menu board signs	1 [c]	50	50	--	--	[s]
Portable signs	1	50	50	6	5	[t]
Projecting signs	1 [c]	16	16	--	0	[u]
Service station rate signs	1 [a]	8	8	12	15	[v]
Street clocks	1	--	--	20	--	[o]
Under canopy signs	1 [c]	8	8	--	0	[r]
Window signs, permanent	--	[f]	[f]	--	--	[f]

Notes for Table 28

Please also see Table 27, Section 1153.18 for types of signs to which the standards in Table 28 do not apply.

See also Table 29, Section 1153.20 for additional requirements.

See Chapter 1109 for specific definitions of items used in this table.

-- Indicates no restriction other than as specified in footnotes or definitions.

RFY: Required front or corner side yard in applicable district.

* The number of signs is the number of display surfaces or display devices containing elements organized, related and composed to form a unit. Where in the judgment of the Chief Building Official copy and decorative matter are displayed randomly without an organized relationship of elements, each shall be considered a separate sign even if such elements are part of a single structure. Each facing of a sign shall be considered a separate sign if the distance between the back of the facing and the back of another facing of the same sign exceeds five feet.

** Maximum area is sign area as defined herein. May be increased in accordance with bonus provisions of Table 30, Section 1153.20. First figure in table represents maximum area without bonuses; second figure represents maximum area with bonuses.

Maximum height is sign height as defined herein.

Minimum setback is setback as defined herein. May be reduced in accordance with bonus provisions of Table 30, Section 1153.20.

[1] Wall/canopy/awning sign area:

Included in this maximum area are areas of all:

1. Wall, canopy and awning signs; and

2. Permanent window signs; and

3. Under canopy signs; and

4. Wall-mounted message boards or changing

signs that serve the same business establishment.

[2] Free-standing sign area:

Included in this maximum area are areas of all:

1. Free-standing signs; and

2. Message boards or changing signs that are free-standing or are attached to free-standing signs.

[a] Per street frontage per lot. In shopping center, per street frontage per shopping center, not per lot.

[b] Per entrance or exit to or from street, alley or parking area.

[c] Per street frontage per ground floor business establishment, not per lot.

[d] Shall not be illuminated.

[e] Expressway signs: A commercial use may have one free-standing on-premise sign oriented to an expressway per lot in addition to other signs permitted herein if such use is located wholly or partially:

1. Within 1,000 feet of an expressway right-of-way; and

2. Within 2,500 feet along the expressway right-of-way from the point of intersection of an accessible off-ramp with the right-of-way of the feeder highway in the direction opposite to the traffic flow on that ramp.

Required setback shall be measured from expressway right-of-way. Expressway signs shall not be permitted in HO District. Expressway signs shall have a minimum sign spacing as defined herein of 500 feet except where the Chief Building Official determines this to be impractical.

In lieu of the on-premise expressway sign, a use may substitute one outdoor advertising sign meeting all the requirements herein for an expressway sign. Minimum sign spacing between substituted signs and all other outdoor advertising sign and expressway signs shall be 500 feet.

Such substitution shall not be permitted in areas where off-premise signs are not permitted under regulations of the Ohio Department of Transportation, that is, within 500 feet of any interchange as measured from the nearest point of the beginning or ending of the pavement widening at the exit or entrance to the main traveled way, as provided in Chapter 5501:2-2 of the Ohio Administrative Code or any amendment thereto.

[f] Permanent window signs: The areas of both permanent and temporary window signs together shall not exceed fifty percent (50%) of area of any window of any establishment. See also Table 29.

[g] Message boards or changing signs: Shall be permitted only as part of free-standing or wall signs and shall be subject to all requirements herein, including height and area, for such signs. Not permitted in HO District.

[h] Free standing industrial and office signs: May include a directory sign. Maximum area shall be sixteen square feet in HO District. See Table 29, Section 1153.19.

[i] Free standing on-premise commercial signs: Shall have a minimum sign spacing as defined herein of 100 feet, except where the Chief Building Official determines this distance to be impractical. May include a message board or changing sign. Maximum area shall be thirty-two square feet in C-3 Downtown District and sixteen square feet in HO District. Establishments with frontage on a single street greater than 300 feet may have a second free-standing sign along that street conforming to all requirements applicable to the first sign and having a minimum sign spacing from the first sign of 100 feet.

[j] Signs in HO Historic Overlay District: Permitted only after approval by the Design Review Board of a certificate of appropriateness. Signs shall be of wood, fabric, metal or masonry materials only except for permanent window signs lettered directly on window glass and temporary window signs, which may be of paper products.

Permanent signs shall be in colors harmonious in the judgment of the Design Review Board with the color scheme of the building. Any illumination shall be external only. No sign lettering shall be more than twenty inches high. No outdoor advertising signs, message boards, changing signs, changeable copy signs, menu board signs, expressway signs, portable signs or roof signs shall be permitted in the HO District.

[k] Wall, awning or canopy signs: Signs may be located on wall of principal building, awning or canopy facing public street only. Sign shall not extend beyond the perimeter of the wall, fascia or face of awning or canopy to which it is attached. Maximum sign height is top of awning or canopy, roof line, top of parapet of wall to which sign is attached or twenty feet, whichever is lowest. Minimum sign clearance for awning or canopy sign shall be fifteen feet over vehicular areas and eight feet over all other areas.

An awning or canopy sign may project over public right-of-way but shall project no more than four feet from vertical building wall or two-thirds of width of public sidewalk, whichever is less. No awning or canopy sign shall have an area exceeding two-thirds of the face of the awning or canopy on which the sign is displayed. Maximum sign area for any wall, canopy or awning sign shall be thirty-two square feet in HO District.

Two per frontage provided that no sign exceeds sixteen square feet in area and the total of all such signs does not exceed 100 square feet.

[l] Shopping center sign: Shall be only free-standing sign in the shopping center. Centers with frontage on two streets may substitute one sign on each frontage with a sign height of twelve feet or less (each of which may have the maximum sign area permitted) for the single sign otherwise permitted. A shopping center sign may include a directory sign or message board.

[m] Rear or side entrance signs: Permitted only for building entrances on walls without street frontage, such as adjacent to alleys or off-street parking areas. Shall be mounted on wall, awning or canopy only. If sign is a canopy, awning or projecting sign, projection and minimum clearance provided herein for projecting signs shall be provided.

[n] Real estate signs: See Table 27, Section 1153.18 for exempt real estate signs.

[o] Street clocks: Minimum clearance shall be fifteen feet over vehicular areas and eight feet over all other areas.

[p] Outdoor advertising signs: Allowed only in C-4 and I Districts. Shall display no more than one face in each direction. Signs facing a Residential District shall be located a minimum of 100 feet from the boundary line of the district they face. All outdoor advertising signs shall have a minimum sign spacing as defined herein from other outdoor advertising signs of 660 feet. Any illumination shall be indirect. Signs shall not be permitted in HO District. Signs exceeding maximum area or height in this table may be approved as a conditional use. See also provisions for expressway signs.

[q] Banner signs, permanent: Permitted only for commercial and industrial uses. Not permitted for office, institutional or residential uses. Shall not be displayed longer than a continuous period of sixty days.

[r] Under canopy signs: Maximum width of seventy-five percent (75%) of horizontal canopy projection. Area is counted in maximum wall sign area. Minimum sign clearance shall be fifteen feet over vehicular areas and eight feet over all other areas. Sign shall not project more than one and five-tenths feet below canopy.

[s] Menu board signs: Shall be free standing or wall signs located in or facing actual side or rear yards only. Shall not be permitted in HO District.

[t] Portable signs: Including signs on trailers. May be displayed one time each year per place of business for a maximum of thirty days. Placement is subject to approval of the Chief Building Official. Shall not be permitted in HO Districts.

[u] Projecting signs: Permitted only on properties with frontage on streets with a speed limit of thirty-five miles per hour or less and only in C-3 Downtown Commercial and HO Historic Overlay Districts. May project over public right-of-way but shall project no more than four feet from vertical building wall or two-thirds of width of public sidewalk over which it projects, whichever is less. Sign shall not project above roof line, top of parapet wall to which sign is attached, or twenty feet, whichever is lowest. Minimum sign clearance shall be fifteen feet over vehicular areas and eight feet over all other areas.

[v] Service station signs: Permitted at automobile service stations in addition to other signs permitted herein.

[w] Development entrance signs: See also Table 29, Section 1153.20.

(Ord. 87-94. Passed 7-27-87; Ord. 91-158. Passed 11-12-91.)

[x] Bench signs: May be permitted as a conditional use in C and I Districts and may be exempted from spacing and setback requirements. Sign area per bench sign may not exceed twenty square feet.

(Ord. 18-124. Passed 12-10-18.)

1153.20 TABLE 29: SIGN BONUSES.

Increase in	For Type of Sign	Conditions for Increase
20% Area	Wall* (in shopping center)	In shopping center with lease provisions approved by the City Law Director that restrict all wall signs to uniform or complimentary dimensions, color(s) and type styles
25% Area	Free-standing	Sign is erected in landscaped planter or area, the design of which is approved by the Community Development Director, that is at least three times the area of the sign in size excluding any landscaped area otherwise required under this Code
20% Area**	Free-standing	Sign height is 12 feet or less
35% Area**	Free-standing	Sign height is 6 feet or less
10% Area	Free-standing	Ornamental pole cover approved by Community Development Director is used
10% Area	Free-standing, wall*, projecting	No more than 2 colors used on sign (including black and white)
10% Area	Free-standing, wall*, projecting	No more than 2 sizes or fonts of type used on sign
10% Area**	Free-standing, wall*, projecting	External illumination only
100% Area	Wall	For building setback a minimum of 150 feet from the nearest public street if the sign area is less than 20% of the aggregate area of the front of the business.

Decrease In	For Type of Sign	Conditions for Decrease
30% Setback**	Free-standing	Sign height is 12 feet or less
60% Setback**	Free-standing	Sign height is 6 feet or less
33% Setback	Free-standing	For lots greater than 130 feet deep.

Notes for Table 29

* Wall sign bonuses apply also to awning signs and canopy signs.

** Bonus not applicable in HO District.

Note: Bonuses may be applied cumulatively, except that no more than one area bonus and one setback reduction may be applied for reduced sign height.

(Ord. 18-124. Passed 12-10-18.)

1155.01 PURPOSE.

The provisions of this chapter are intended for special situations in which:

(a) Adequate space, light, air and other objectives of this Zoning Code relating to the public health, safety and welfare can be achieved without the literal application of the detailed zoning and subdivision requirements otherwise applicable; and

(b) Special amenities and benefits to the community beyond those required by this and other City ordinances can be achieved by allowing more flexible design than is otherwise permitted by such requirements.

These objectives can be achieved where an area of land is planned for development as an integrated unit and where its design is subject to more detailed review and approval by the City than is normally required.

The objective of Planned Unit Development (PUD) is therefore not simply to allow exceptions to otherwise applicable regulations. It is instead to encourage a higher level of design and amenity than it is possible to achieve under the usual land development requirements.

It is accordingly the intent of the City to suspend the application of detailed zoning and subdivision standards as provided herein only where such special amenity is achieved. In this way the City may grant the creative developer a desirable flexibility and at the same time not only protect but enhance the welfare of the residents and other users of a development as well as the rest of the community.

(Ord. 87-94. Passed 7-27-87.)

1155.02 QUALIFICATION FOR FILING AS A PUD.

(a) No development shall be filed as a Planned Unit Development unless it:

(1) Is at least two acres in size; and

(2) Contains more than two detached buildings accommodating principal uses; and

(3) Is initially under the same ownership or control.

(b) A Planned Unit Development may be residential, commercial, office, industrial or a combination thereof. Flexibility to suspend requirements imposed elsewhere is not conferred upon the PUD applicant as a matter of right but is in all cases subject to a finding by the City that the objectives of these provisions shall be served thereby.

(Ord. 17-02. Passed 2-13-17.)

1155.03 INCENTIVES FOR PLANNED UNIT DEVELOPMENTS.

To further a superior level of design and amenity in new developments, the following incentives are offered in Planned Unit Developments:

(a) Variable Density and Dimensional Zoning Standards. Standards for minimum lot area, minimum lot area per dwelling unit, lot width, building height, floor area ratio, yard dimensions, off-street parking and loading, landscaping and screening, fences and signs may vary from those established elsewhere in this Zoning Code.

(b) More Than One Principal Building Per Lot. In a Planned Unit Development more than one principal building may be located on a lot.

(c) Variable Subdivision Design Standards. Dimensional and design standards for subdivisions and subdivision improvements such as streets, blocks, sidewalks and parkways, but not improvement construction standards, may vary from those established in the City Subdivision Regulations.

(d) Mixed Land Uses. Land uses other than those allowed as permitted or conditional uses in the applicable zoning districts may be permitted on up to thirty percent (30%) of the net site area of a Planned Unit Development.

(Ord. 87-94. Passed 7-27-87.)

1155.04 REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS.

(a) Site Plan Review. Whether or not a land subdivision is involved, preliminary and final plans for the development shall be filed and approved by the City in conformance with the provisions of Table 2, Section 1113.14.

(b) Required Common Open Space. A minimum of twenty percent (20%) of the net site area in residential use in each phase shall be set aside for permanent common open space as defined herein.

(c) Quality of Design. To be granted the flexibility permitted hereunder, a Planned Unit Development shall evidence a level of design and amenity exceeding that typical of conventional development.

Among the features that may evidence such amenity are:

(1) Amount and quality of landscaping;

(2) Amount, quality and interconnectedness of common open space;

(3) Provision of pedestrian or bicycle paths separated from streets;

(4) Preservation of drainageways and other natural features;

(5) Provision of common recreational facilities;

(6) Enclosed, underground, depressed or outstandingly landscaped parking areas;

(7) Varied building setbacks or other measures to reduce monotony in design; and

(8) Other features as determined by the Planning Commission or Council.

(d) Maintenance of Land Intended for Future Phases. Land designated for future construction phases and other land not intended for immediate improvement shall be landscaped or otherwise maintained with a neat and orderly appearance as specified by the Zoning Administrator.

(Ord. 87-94. Passed 7-27-87.)

1155.05 APPROVAL PROCESS.

Preliminary plans and final plans for Planned Unit Developments as provided in Table 2, Section 1113.14 shall be approved only in conformance with the approval process provided in Chapter 1113 and the approval criteria provided in Table 31, Section 1155.08.

(Ord. 17-02. Passed 2-13-17.)

1155.06 PUD REVIEW COMMITTEE.

(a) A PUD Review Committee is hereby authorized to review Planned Unit Development filings.

(b) The membership of the Committee shall include the Mayor, the City Law Director, the Community Development Director, the Zoning Administrator, the Chief Building Official, the Public Service Director, the Fire Chief, the Chairman of the Board of Zoning Appeals, the Chairman of the Planning Commission, and may include any others appointed thereto by the Mayor with the advice and consent of Council. The Committee may seek technical assistance from such other sources as it deems necessary.

(c) The Committee may advise and assist applicants in meeting City objectives but shall have no power to approve or disapprove any filing or in any way restrict the applicant's right to seek formal approval thereof from the Planning Commission and Council.

(d) The Committee shall, within thirty days after completing its review of any filing, submit to the Planning Commission the complete filing together with a written report noting any deficiencies in compliance with the requirements herein and any recommendations for improvement of the Planned Unit Development to better reflect the objectives of these provisions. A copy of the Committee's report shall also be sent to the applicant.

(Ord. 87-94. Passed 7-27-87.)

1155.07 FINAL PLAN.

(a) Filing of Final Plan.

(1) Council may approve, conditionally approve or deny a final plan of a Planned Unit Development, or any phase thereof, for which it has approved a preliminary plan. The final plan may be filed, and may be approved, simultaneously with the preliminary plan.

(2) The general terms, conditions and requirements set forth in a preliminary plan, or any phase thereof, approved by Council shall not be modified, revoked or otherwise impaired by action of the City. Except that Council may rescind approval of a preliminary plan, or any phase thereof, and thereby revoke such terms and conditions, if the applicant has failed to file within three years of the date of approval of the preliminary plan either a final plan in conformance therewith or a revised plan together with an application for an amendment. Council may grant an extension of this time period.

(3) The financial sureties submitted with the final plan in conformance with Table 1, Section 1113.13 shall provide for the phasing of the installation and improvement of public or common areas and improvements, open spaces and amenities in a manner generally proportionate to the number of dwelling units or the amount of nonresidential floor space, as applicable, to be built in each phase together with the phases that preceded it.

(Ord. 87-94. Passed 7-27-87.)

(b) Recording of Final Plan. The final plan as approved by Council shall be filed with the County Recorder as the final plat for the PUD under provisions of the City Subdivision Regulations whether or not the PUD involves any subdivision of land. No building permit shall be issued before the final plan is recorded. The applicant shall pay all recording costs.

(Ord. 17-02. Passed 2-13-17.)

(1) Approval of an amendment shall be required for:

A. Any material change, deletion or addition made to:

1. An approved preliminary plan; or

2. An approved final plan; or for

B. A final plan that does not conform to the preliminary plan approved by Council.

(2) An applicant seeking approval of an amendment shall file an application therefor with the Zoning Administrator. The application shall describe the amendment sought and provide such other information as the Planning Commission or Council may require. It shall be accompanied by ten copies of the proposed amendment and a filing fee.

(3) If the Zoning Administrator determines that the amendment sought is a minor amendment as defined herein, he or she shall refer it to the Planning Commission for final action. No public hearing shall be required for a minor amendment. An applicant may appeal a decision of the Planning Commission on a minor amendment to Council.

(4) For amendments other than minor amendments, the full approval process set forth herein for preliminary plans and final plans shall be followed.

(5) A minor amendment to a Planned Unit Development shall be any change from the previously approved plan that involves:

A. No change in land use type or housing type; and

B. No change in the location of any structure, off-street parking or loading area, common open space area or any area or right-of-way to be conveyed to or reserved for a public body, by more than ten feet in any direction, nor a change in the spacing between any two structures by more than ten percent (10%); and

C. No change of more than ten percent (10%) in any nonlocational quantitative specification of the previously approved plan, including:

1. Any dimension of any lot, yard, structure or pedestrian or vehicular thoroughfare;

2. Any residential density;

3. Amount of common open space acreage;

4. Utility line capacity;

5. Amount of floor area of nonresidential development;

6. Amount of land to be conveyed to or reserved for any public body;

7. Size or capacity of any off-street parking or loading area; or

8. Amount or dimensions of proposed tree or ground cover, landscaping, or screening; and

D. No other change that causes the development to fall short of meeting the requirements of any applicable zoning district to any greater degree than already provided on the previously approved plan.

(6) The Planning Commission may disallow minor amendment status if a proposed amendment fails to meet the foregoing criteria when it is considered together with one or more minor amendments previously approved for the same development.

(7) The Planning Commission or Council shall approve, conditionally approve or disapprove an amendment. An amended final plan shall be recorded in accordance with the provisions herein governing recording of a final plan.

(Ord. 87-94. Passed 7-27-87.)

1155.08 TABLE 31: APPROVAL CRITERIA FOR PLANNED UNIT DEVELOPMENTS.

In recommending approval or conditional approval of a preliminary or final plan for a Planned Unit Development (PUD), the Planning Commission shall transmit to Council written findings of fact that the application meets all of the criteria below, or shall meet them when the Commission's conditions are complied with. Council shall not be bound by the recommendation of the Planning Commission, but in granting approval or conditional approval, Council shall also find that all of the following criteria are met or shall be met when any conditions to which the approval is made subject are complied with.

(a) Superior Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and solely on this basis modifications to the use and design standards established by such regulations are warranted.

(b) Meets PUD Requirements. The PUD meets the requirements for Planned Unit Developments set forth in this Code, and no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein.

(c) Consistent with City Plan. The PUD is generally consistent with the objectives of the City Comprehensive Plan as viewed in light of any changed conditions since its adoption.

(d) Public Welfare. The PUD shall not be detrimental to the public health, safety, morals or general welfare.

(e) Compatible with Environs. Neither the PUD nor any portion thereof shall be injurious to the use and enjoyment of other properties in its vicinity, seriously impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.

(f) Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as flood plains, wooded areas, steep slopes, natural drainageways or other areas of sensitive or valuable environmental character.

(g) Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity and design to ensure safe and efficient circulation of automobiles, trucks, bicycles, pedestrians, fire trucks, garbage trucks and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.

(h) Open Spaces and Landscaping. The quality and quantity of common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape and location of a substantial portion of total common open space provided in residential areas render it useable for recreation purposes.

Open space between all buildings is adequate to allow for light and air, access by fire fighting equipment and for privacy where walls have windows, terraces or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.

(i) Covenants. Where individual parcels are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners or condominium associations, or the like for:

(1) The preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the City or another public body; and

(2) Such control of the use and exterior design of individual structures, if any, as is necessary for continuing conformance to the PUD plan, such provision to be binding on all future ownership.

(j) Public Services. The land use, intensities and phasing of the PUD are consistent with the anticipated ability of the City, the school system and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools and other public facilities and services without placing undue burden on existing residents and businesses.

(k) Phasing. Each development phase of the PUD can, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed. The provision and improvement of public or common area improvements, open spaces and amenities--or the provision of financial sureties guaranteeing their improvement--is phased generally proportionate to the phasing of the number of dwelling units or amount of nonresidential floor area.

(Ord. 87-94. Passed 7-27-87.)

1157.01 PURPOSE.

(a) The intent of this chapter is to provide for the continuation and, under appropriate circumstances, elimination of existing uses of property that do not conform to the requirements of this Zoning Code or that may not conform to future amendments thereto.

(b) The provisions herein are designed to accomplish this intent in a way that:

(1) Recognizes the rights and interests of owners of individual properties that have been rendered nonconforming by City action to upgrade zoning policies and standards;

(2) Allows the property owner or lessee to recover his or her investment in the nonconformity, while also recognizing that by virtue of the nonconformity he or she enjoys a special right not available to other property owners in the same zoning district; and

(3) Minimizes the nuisance, reduction in neighboring property values and other adverse effects of properties that do not conform to their environs.

(Ord. 87-94. Passed 7-27-87.)

1157.02 TYPES OF NONCONFORMITIES.

(a) A nonconformity is any characteristic of a building, structure or lot or parcel of land, or of the use thereof, which was lawful prior to the date of enactment of this Zoning Code or any amendment thereto but that does not currently conform to the requirements thereof.

(b) The lawful issuance of a building permit prior to the dates specified above shall be considered to establish the lawfulness of any building or structure.

(1) Activity nonconformities. A property with an activity nonconformity is being used for a purpose not allowed in its zoning district.

Activity nonconformities are any activities or functions carried on at a premises (as either a principal or accessory use) that are not allowed by the permitted and conditional uses of the zoning district in which the premises is situated, irrespective of the use for which the premises was designed.

The use of a dwelling now located in a Residential District as the site of a previously legal business is an example of an activity nonconformity. The design of such a structure is conforming, but its use is not.

The provisions herein recognize that activity nonconformities can generally be eliminated more easily and at less cost than other kinds of nonconformities.

(2) Design nonconformities. A property with a design nonconformity was designed for a purpose not allowed in its zoning district. Its present use may or may not be for a purpose allowed in that district.

A design nonconformity is the design or intended use of all or substantially all of a premises for any principal or accessory use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities currently carried on at that premises.

A previously legal premises now located in a Residential District that was designed and intended as an automobile service station or an open sales lot, would be an example of a design nonconformity, even if no service station or sales business were currently operated on the premises. A store building in a Residential District presently used as an elementary school would be another example. In both cases the use or activity on the premises is conforming but the design or appearance of the premises is not.

The provisions herein recognize that design nonconformities are more difficult and more costly to eliminate than activity nonconformities.

(3) Standards nonconformities. Standards nonconformities are all other nonconformities with the requirements of this Code, including nonconformities involving:

A. Yards;

B. Building height;

C. Lot area or lot area per dwelling unit;

D. Lot width;

E. Floor area ratio;

F. Off-street parking and loading;

G. Dimensions of signs;

H. Landscaping and screening; and

I. Fences.

An undeveloped lot not meeting the minimum width required by its zoning district, or an otherwise conforming business with a sign that does not meet a requirement of the sign regulations, would be examples of standards nonconformities.

The provisions herein recognize that certain types of standards nonconformities are difficult and costly to eliminate while other types can be eliminated more easily and at relatively modest expense.

(Ord. 87-94. Passed 7-27-87.)

1157.03 ELIMINATION OF NONCONFORMITIES.

Properties with nonconformities shall be lawful uses hereunder, and may continue unchanged without time limitation, but changes to such properties shall be subject to the provisions of Table 32, Section 1157.07.

(Ord. 87-94. Passed 7-27-87.)

1157.04 APPROVAL CRITERIA.

In granting or denying approval for changes involving properties with nonconformities in conformance with Table 32, Section 1157.07, the Board of Zoning Appeals shall be guided by the approval criteria for conditional uses provided in Table 8, Section 1121.07 and shall find that after the proposed change is made the property is not likely to conform to such criteria to a significantly lesser degree than before the action was taken.

(Ord. 87-94. Passed 7-27-87.)

1157.05 CONDITIONAL OR INTERMITTENT USES.

Conditional uses approved by the City shall not be considered to have activity or design nonconformities but shall require an additional conditional use permit for any alteration, enlargement or extension. The casual, intermittent or temporary use of land or structures shall not be sufficient to establish the existence of a nonconformity.

(Ord. 87-94. Passed 7-27-87.)

1157.06 ADMINISTRATION.

(a) A certificate of occupancy shall be required for the continuation of all nonconformities created by this Zoning Code or any amendment thereto.

(b) When the City Zoning Administrator determines that a property has any nonconformity, he or she shall notify the owner or lessee thereof of such nonconformity and of the regulations applicable thereto.

Such notice shall require that the recipient file with the Zoning Administrator, within ninety days of the date thereof, either satisfactory evidence that the property is not nonconforming or a completed application for a certificate of occupancy to continue the nonconformity.

Upon timely receipt of a complete and accurate application therefor, the Zoning Administrator shall issue a certificate of occupancy for the nonconforming property.

(c) The Zoning Administrator shall maintain a file of all nonconformities of which he or she has sent notice and of all nonconformities issued certificates of occupancy.

(Ord. 87-94. Passed 7-27-87.)

1157.07 TABLE 32: CHANGES IN NONCONFORMING PROPERTIES.

		Elimination of Non- conformities Required			BZA Approval Required	No Creation of Greater Nonconfor mity
Change	Type of Nonconfor mity	None	Partial	Total	BZA Approval Required	No Creation of Greater Nonconfor mity
1. Repair and maintenance
a. Maintenance and Minor Repair	All	X	-	-	-	-
b. Major repair or reconstruction	All	-	X	-	-	X

2. Additions
a.	Activity	-	-	-	X	-
b.	Design or Standards	-	X	-	-	X
c. Second or subsequent	All	-	-	X	-	-

3. Replacement of structure	a. Activity	-	-	-	X	-
	b. Design or standards	-	X	-	-	-

4. Moving of structure	All	-	-	X	-	-

5. Internal expansion	a. Activity or design	X	-	-	-	-
	b. Standards	-	X	-	-	-

6. Change of activity	a. Activity	-	-	-	X	-
	b. Design or standards	-	X	-	-	-

7. Expansion of use of land	All	-	-	X	-	-

8. Development of nonconforming residential lots standards		X	-	-	-	-

9. Change in discontinued activities	All	-	X	-	-	-

10. Changes involving exempted nonconformities	All	X	-	-	-	-

Footnotes for Table 32

X indicates specified requirement is applicable to the change and type of nonconformity listed.

1a. Maintenance and minor repair.

Routine maintenance and minor repairs within any twelve-month period costing twenty-five percent (25%) or less of the value of the structure to be repaired as determined by true or market value established for property tax purposes, or if such figure is unavailable or is not current, by any other figure approved by the Zoning Administrator.

1b. Major repair or reconstruction.

Any repair or rebuilding that does not qualify hereunder as maintenance and minor repair.

2. Additions.

Any additions, enlargements or structural alterations as defined herein to a structure.

2c. Second or subsequent addition.

Any addition to a nonconforming property for which an addition has previously been approved under the nonconformity provisions of this or any previous Code.

3. Replacement of structure.

The replacement of an existing legal permanent sign, manufactured home or other structure that is proposed to be completely removed, with another sign, manufactured home or structure of the same type. If the structure to be replaced has been removed, other than by natural forces, prior to application for a replacement structure hereunder, total elimination of all nonconformities shall be required in the replacement structure.

4. Moving of structure.

The relocating of a structure in whole or in part to any other location on the same or any other lot.

5. Internal expansion.

Expansion of an activity within a structure involving no structural alterations as defined herein.

6. Change of activity.

Any change in the functions or activities carried on at a premises as related to the uses allowed in the applicable zoning district.

7. Expansion of use of land.

Any extension of the use of land, whether involving a principal or accessory use, beyond land presently occupied.

8. Nonconforming residential lot.

Any lot of record as of the effective date of this Code that is located in a Residential District and that has no substantial structure upon it.

9. Change in discontinued activity.

Any resumption, expansion or change in any use that was voluntarily and intentionally discontinued for a continuous period of two years or more. Parking, landscaping and screening requirements as described herein, shall be met for all such changes.

10. Exempted nonconformities.

Any nonconformities resulting solely from changes in the locations of streets, buildings, structures or uses that are beyond the control of the owner of the premises.

Elimination of Nonconformities Required: None.

The specified change may be made without eliminating any nonconformities of the specified type.

Elimination of Nonconformities Required: Partial.

The specified change shall not be made unless nonconformities are reduced or eliminated to the extent such reduction or elimination is determined to be physically and economically feasible, particularly where this can be done without relocation of sound major structures, acquisition of additional land or expenses disproportionate to the cost of the specified change made. This determination shall be made by the Board of Zoning Appeals for cases requiring Board action hereunder. For other cases, the determination may be made by the Zoning Administrator, or, at his or her discretion, referred to the Board.

Elimination of Nonconformities Required: Total.

The specified change shall not be made unless all nonconformities of the specified type are completely eliminated except as may be authorized by variance under the provisions of this Code.

BZA Approval Required.

The specified change shall not be made without prior approval or conditional approval by the Board of Zoning Appeals. The Board may approve or deny the change or approve it subject to any conditions it deems appropriate.

No Creation of Greater Nonconformity.

The specified change may be made only if no greater degree of or additional instance of nonconformity results from the new construction than existed before the change was made, except as may be authorized by variance under the provisions of this Code.

(Ord. 87-94. Passed 7-27-87; Ord. 89-5. Passed 1-23-89.)

1159.01 ACCESSORY USES AND STRUCTURES; GENERAL PROVISIONS.

(a) Compatibility. Accessory uses and structures shall be compatible with the principal use of the lot on which they are located and shall not be established prior to the establishment of the principal use.

(b) Location. Accessory uses may be located in court yards and required yards only as provided in Table 34, Section 1159.21.

(Ord. 2023-86. Passed 10-10-23.)

1159.02 ANTENNAS.

(a) Dish Antennas (Earth Stations). Requirements for satellite dish antennas shall be as provided in Chapter 1351 of the Codified Ordinances.

(b) Other Television or Radio Towers or Antennas. Other radio or television towers or antennas as accessory uses shall not have an antenna height exceeding fifty-five feet, shall not be more than three feet from the principal building and shall not be so positioned as to be a hazard to any utility line. FCC-licensed operators of amateur radio stations shall be exempt from the requirements of this subsection.

(Ord. 87-94. Passed 7-27-87.)

1159.03 DECKS, PATIOS AND PORCHES.

(a) Decks or patios that are enclosed by windows or screens and a permanent roof shall be considered as accessory structures rather than as part of the principal building. Such decks shall be subject to the requirements of Tables 33 and 34, Sections 1159.20 and 1159.21.

(b) No open porch shall cover more than twenty percent (20%) of the required front yard, or of the actual front yard if it is smaller than the required front yard.

(Ord. 87-94. Passed 7-27-87.)

1159.04 HOME OCCUPATIONS.

Home occupations shall be accessory uses only and shall be governed by the following regulations:

(a) Employment. Home occupations shall not employ more than one person that is not a member of the family, as defined herein, living on the premises.

(b) Enclosed Structures. Home occupations shall be conducted entirely within enclosed structures, and there shall be no exterior storage of equipment or materials used.

(c) No Exterior Evidence. There shall be no visible evidence of the conduct of such occupation in the outside appearance of the premises other than a name plate sign as permitted in Chapter 1153 .

(d) Parking. Any need for parking generated by the occupation above that normally associated with a residential use shall be met off the street and other than in a front or corner side yard.

(e) Electrical and Fire. No home occupation shall involve construction features or the use of electrical or mechanical equipment that would result in electrical interference or change the fire rating of the structure or of the fire district in which the structure is located. (Ord. 87-94. Passed 7-27-87.)

(f) Permitted Occupations. Home occupations may include, among others, the following uses provided they conform to all other requirements herein:

(1) Art or crafts studio;

(2) Dressmaking, sewing and tailoring;

(3) Teaching or tutoring, limited to one pupil at a time except for occasional groups;

(4) Writing, editing, composing, painting or sculpting;

(5) Offices of a professional person such as a clergyman, attorney, architect, engineer, physician, dentist or accountant;

(6) Telephone answering;

(7) Home crafts such as rug weaving, model making, lapidary work and cabinet making;

(8) Home cooking and preserving;

(9) Computer programming;

(10) Typing and word processing;

(11) Laundry and ironing; and

(12) Offices of sales people who normally meet customers and prospects outside the salesperson's home.

(13) Single-chair barber or beauty parlor.

(14) Type B Family Day-Care Home, as defined in this Code.

(Ord. 07-104. Passed 12-10-07.)

(g) Prohibited Occupations. Home occupations shall not include:

(1) Any wholesale or retail businesses that involve the use of commercial vehicles for delivery of materials to or from the premises;

(2) Any manufacturing or processing operations;

(3) Stables, kennels or animal hospitals;

(4) Restaurants;

(5) Clinics or hospitals;

(6) Mortuaries;

(7) Child day care centers, as defined herein;

(8) Private clubs;

(9) The renting of trailers;

(10) Tourist homes;

(11) Barber shops or beauty parlors;

(12) Dancing studios; or

(13) Any activity that creates noise, fumes, odor, dust, electrical interference, or pedestrian or vehicular traffic that is more than normally associated with the uses allowed in the zoning district.

(Ord. 87-94. Passed 7-27-87.)

1159.05 DOG RUNS.

No more than one enclosed dog run, or one open dog run, or three dog shelters, as defined herein, shall be permitted in any of the Single-Family Residential Districts, or nonconforming lots in single family residential use. The run or shelter shall be located at least ten feet from all lot lines, and only are permitted to be located in the rear or interior side yard.

(Ord. 17-02. Passed 2-13-17.)

1159.06 GARAGES, CARPORTS AND PARKING.

Garages, carports and open parking spaces as accessory uses shall be subject to applicable provisions under Chapter 1149. (Ord. 87-94. Passed 7-27-87.)

1159.07 PRIVATE SWIMMING POOLS.

(a) Zoning Permit. No private swimming pool as defined herein shall be located, constructed, installed, or altered without a zoning permit issued by the Zoning Administrator. The zoning permit application shall be accompanied by such plans and information as may be required by the Zoning Administrator or the Building Code.

(b) Drainage. Provisions for pool drainage shall be subject to the approval of the Public Service Director.

Pump and filter 20 feet

Pool 10 feet

(d) Barrier.

(1) Swimming pools shall be completely enclosed by a fence or physical barrier, which shall be a minimum of forty-eight inches in height. The height shall be measured on the side of the barrier which faces away from the swimming pool.

(2) Where the top of the pool structure is above the ground level, such as an aboveground pool, the barrier may be built from ground level and the pool structure shall serve as a component of the barrier or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches, measured on the side of the barrier which faces away from the swimming pool.

(3) When the pool structure is in-ground, the maximum vertical clearance between the ground and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool.

(4) All gates or doors in a barrier surrounding an in-ground swimming pool shall be self-closing, self-latching and lockable. When the release mechanism of the self-latching device is located less than fifty-four inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate, and the gate and barrier shall have no opening greater than one-half inch within eighteen inches of the release mechanism.

(5) On the side of the barrier facing away from the pool, the barrier shall be constructed without members that would create a ladder or otherwise permit or facilitate climbing up the barrier. Openings in the barrier shall not allow passage of a four inch diameter sphere.

(6) Where the above ground pool structure is used as a barrier, or the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, and shall not create an opening that allows the passage of a four inch diameter sphere. Otherwise, the ladder or steps shall have a surround which complies with the barrier requirements above. The ladder or steps shall be secured, locked, or removed when the pool is not in use.

(7) Electronic detection devices shall not be used in place of the barrier.

(e) Lighting. Lighting installed to illuminate the pool area shall be subject to the provisions on glare in Chapter 1161.

(Ord. 17-02. Passed 2-13-17.)

1159.08 YARD OBSTRUCTIONS.

Court yards and required yards may be obstructed by accessory uses or building projections only as provided in Table 34, Section 1159.21.

(Ord. 87-94. Passed 7-27-87.)

1159.09 YARDS USED FOR ONLY ONE STRUCTURE.

The minimum yard space required for one building or structure shall not be used as the required yard space for another adjoining building or structure.

(Ord. 87-94. Passed 7-27-87.)

1159.10 REDUCTION IN LOT AREA.

No lot shall be reduced in area so that the yards or other open spaces shall be less than required by this Zoning Code.

(Ord. 87-94. Passed 7-27-87.)

1159.11 VACANT THROUGH LOTS.

On a vacant through lot, either of the lot lines abutting a street may be established as the front lot line, except that where two or more through lots are contiguous and a front lot line has been duly established by the construction of a building on one lot, the same street lot line shall serve as the front lot line of all such contiguous lots.

(Ord. 87-94. Passed 7-27-87.)

1159.12 CONFORMITY TO EXISTING FRONT YARDS.

(a) The purpose of this section is to protect view lines in single-family residential neighborhoods except where the view line from a home has been voluntarily sacrificed by building with a setback that is greater than that required in this or any applicable previous Zoning Code.

(b) In any RS Residential District, where one or more side lot lines of a lot abut one or more residential lots with a nonconforming front or corner side yard, the minimum front and corner side yards on such lot shall be less than the zoning district regulations require.

(c) For such a lot that is an interior lot, the minimum front yard shall be the mean average of the actual front yards established on the two abutting residential lots on either side. If there is no structure on one of the abutting lots, the front yard required by the zoning district shall be used in lieu of the actual front yard for that lot to compute the average.

(d) For such a lot that is a corner lot, the minimum front and corner side yard shall be the actual front or corner side yard abutting each such yard on the adjacent residential lot.

(e) Where the actual front or corner side yards on the abutting lots are conforming, the minimum front and corner side yards shall be as required in the district regulations.

(Ord. 87-94. Passed 7-27-87.)

1159.13 VISION CLEARANCE TRIANGLE.

(a) Within a triangular area located at the at-grade intersection of two streets, a street and a railroad, or a street and a driveway special restrictions apply.

(b) The triangular area shall be formed by the right-of-way lines of the streets or railroads between their intersection and points thirty feet from their intersection along each line, or ten feet from the intersection of a street and a driveway, and by a straight line connecting these two points.

(c) Within this triangle, no solid fence as defined herein or any hedge, opaque landscaping or screening, wall or other solid obstruction, having a height of over two and five-tenths feet, nor any open fence as defined herein with a height of over three and five-tenths feet shall be permitted.

(d) Overhanging objects including tree branches shall be permitted within this triangle only if all parts thereof are higher than eight feet above the level of the railroad or the pavement of the street or driveway where the center lines intersect. Signs shall be permitted only if the sign clearance is eight feet or greater or the sign height is two and five-tenths feet or less.

(Ord. 87-94. Passed 7-27-87.)

1159.14 WALLS AND HEDGES.

Except as otherwise provided herein, all provisions governing fences shall also apply to walls, screening, hedges or other densely growing shrubbery, and retaining walls where they extend above ground level.

(Ord. 87-94. Passed 7-27-87.)

1159.15 DANGEROUS FENCE MATERIALS.

No fence or wall is permitted that is electrified or that contains broken glass, barbed wire or other substances reasonably calculated to do bodily harm, except that barbed wire is permitted on top of fences and walls over six feet in height in Industrial Districts.

(Ord. 87-94. Passed 7-27-87.)

1159.16 FINISHED FENCE SIDE OUT.

All fences facing public streets shall be positioned so that the finished side faces away from the lot.

(Ord. 87-94. Passed 7-27-87.)

1159.17 HEIGHT AND THICKNESS.

Maximum fence height shall be as provided in Table 35, Section 1159.22. No fence, wall or hedge shall be so thick as to inhibit passage between a lot line and any structure on the same lot.

(Ord. 87-94. Passed 7-27-87.)

1159.18 CHAIN LINK FENCE EXEMPTIONS.

The provisions herein shall not apply to chain link fences erected on public recreation areas; recreation areas serving individual multi-family developments, planned unit developments or subdivisions; or school grounds.

(Ord. 87-94. Passed 7-27-87.)

1159.19 FENCES IN HO DISTRICT.

Erection of a fence on any property in the HO Historic Overlay District shall be subject to the issuance of a certificate of appropriateness by the Design Review Board.

(Ord. 87-94. Passed 7-27-87.)

1159.20 TABLE 33: STANDARDS FOR ACCESSORY STRUCTURES.

Maximum Height in Residential Districts:	In feet:	17
	In stories:	1
Maximum coverage of required rear yard [a]:		35%
Minimum setback from any lot line in feet [b]:		3
Minimum setback from principal or other accessory building in feet [c]:	10

Maximum number and size of residential accessory buildings [d]:

	Maximum Number	Maximum Floor Area (square feet)
Detached garage [e]	1	700
All other accessory buildings		300
Cumulative for all accessory buildings	2	1,000

Notes for Table 33

Above standards apply except where regulations herein applicable to a specific kind of accessory structure provide a greater or lesser standard.

[a] Cumulative for all accessory structures in rear yard. Excludes areas occupied by open patios and decks and swimming pools. Percentage of coverage applies to area of actual rear yard when it is smaller than area of required rear yard.

(Ord. 87-94. Passed 7-27-87.)

[b] Except fences, walls, landscape screens, berms and hedges. Structures are subject also to the yard requirements of Table 11, Section 1137.03 and Table 14, Section 1141.04 (as applicable), which may impose greater setbacks from lot lines for certain structures.

(Ord. 95-59. Passed 5-8-95.)

[c] Except enclosed decks and patios and accessory uses that are structurally a part of the principal building.

[d] On residential lots in any RS District. (Ord. 87-94. Passed 7-27-87.)

[e] Maximum floor area may be increased to 800 square feet if there is a minimum setback of six feet from all property lines. (Ord. 89-5. Passed 1-23-89.)

[f] Detached residential garages up to 1,024 square feet may be permitted in rear yards only, provided they not exceed thirty-five percent (35%) of the rear yard area, are set back a minimum eight feet from all property lines, and meet all other requirements for accessory structures. (Ord. 91-158. Passed 11-12-91.)

1159.21 TABLE 34: PERMITTED OBSTRUCTIONS OF REQUIRED YARDS**.

Projection or Accessory Use	All Yards	Rear Yard	Interior Side Yard	Corner Side Yard	Court Yard
Air conditioning equipment shelters	-	x	x	x	x
Arbors and trellises	x	-	-	-	-
Awnings and canopies projecting into 10% or less of yard depth	x	-	-	-	-
Balconies, open	x	-	-	-	-
Bay windows	x	-	-	-	-
Chimneys	x	-	-	-	-
Decks, open or enclosed	-	x	-	-	-
Dish antennas*	-	x	-	-	x
Dog runs, enclosed*	-	x	-	-	-
Drives, internal circulation	x	-	-	-	-
Eaves or cornices	x	-	-	-	-
Fences*	x	-	-	-	-
Fire escapes	x	-	-	-	-
Flagpoles	x	-	-	-	-
Garages or carports*	-	x	x	x	-
Gardens, vegetable	-	x	x	x	x
Greenhouses	-	x	x	-	-
Gutters	x	-	-	-	-
Hedges (see fences*)	x	-	-	-	-
Laundry drying equipment	-	x	x	-	-
Lawn furniture	x	-	-	-	-
Light standards, ornamental	x	-	-	-	-
Loading, off-street, open*	-	x	x	-	x
Parking, off-street, open*	x	-	-	-	-
Patios, open	-	x	x	-	-
Patios, enclosed*	-	x	-	-	-
Porches/breezeways, open*	x	-	-	-	-
Portable POD storage (b)	--	x	--	--	--
Recreational equipment	-	x	x	-	-
Sheds and storage buildings*	-	x	-	-	-
Signs*	x	-	-	-	-
Stairways or steps	x	-	-	-	-
Swimming pools, private	-	x	-	-	-
Television or radio towers or antennas*	-	x	x	x	-
Tennis courts, private	-	x	-	-	-
Trash receptacles (a)	--	x	x	--	--
Trees, shrubs and flowers	x	-	-	-	-
Walls (see fences*)	x	-	-	-	-
Other accessory uses	-	x	-	-	-

Notes for Table 34

* See also separate regulations herein.

** Subject to requirements of Table 33.

x = Permitted.

[a] Trash receptacles maintained in the interior side yard must be kept within an enclosed structure.

[b] Portable POD storage can only be a temporary accessory structure for thirty days and must receive zoning approval.

(Ord. 87-94. Passed 7-27-87; Ord. 06-124. Passed 11-27-06.)

1159.22 TABLE 35: MAXIMUM FENCE HEIGHT.

	Maximum Fence Height in Feet
	Solid Fence	Open Fence
Within vision clearance triangle:	2.5	3.5
All other locations:
In Industrial Districts:	15	15
In other districts:
In front or corner side yard:	4	4
In interior side or rear yard:	6	6

See also requirements in Sections 1159.13 and 1159.18.

(Ord. 87-94. Passed 7-27-87.)

1159.23 OUTDOOR STOVE USAGE IN AGRICULTURE AND STATE DISTRICTS.

(a) No more than one outdoor stove shall be permitted on any lot in any Agriculture and Estate (AE) District. The stove shall be located at least fifteen feet from all lot lines, and only are permitted to be located in the rear and interior side yards. A wall or fence with a minimum fence height as defined herein of five feet at all points shall be installed so as to completely surround either:

(1) The stove; or

(2) The property or yard which the stove is located, or portion thereof; in a manner as to prevent uncontrolled access to the stove by children.

Such fence or wall shall conform to all provisions governing fences and walls in this or other City codes.

(b) The installation and usage of outdoor stoves shall be limited to Agriculture and Estate Districts as a conditional use, as outlined in Chapter 1145, and shall be prohibited in all Residential Districts. In addition, all fuel materials must be in compliance with Section 1511.03(b) and Section 1511.05(d).
(Ord. 06-125. Passed 11-27-06.)

1161.01 PURPOSE.

The requirements herein are intended to provide a basis for determining the compatibility of land uses that may produce measurable adverse environmental effects on their surroundings.

(Ord. 87-94. Passed 7-27-87.)

1161.02 APPLICABILITY.

The performance standards herein shall apply as follows:

Performance Standard For	Applies To
(a) Heavy industrial uses	The conditional uses allowed in I-1 located in any district.
(b) Other uses	Conditional uses in all districts except I-1 Permitted uses in all districts
(c) (Unspecified)	Permitted uses in all districts Conditional uses in all districts.

(Ord. 87-94. Passed 7-27-87.)

1161.03 NOISE.

(a) Maximum Sound Levels. No operation or activity shall cause or create noise above the sound pressure levels in Tables 36 and 37, subsections (d) and (e) hereof, at the locations specified therein.

(b) Measurement. A sound level meter and associated octave band analyzer shall be employed to measure the intensity and frequency of sound. The flat network slow meter response of the sound level meter shall be used.

(1) Noises of construction or maintenance activities from 7:00 a.m. to 9:00 p.m.;

(2) Noises of safety signals, warning devices and emergency pressure relief valves;

(3) Transient noises of moving sources such as transportation vehicles;

(4) Noises associated with snow plowing, street sweeping and mosquito abatement;

(5) Church bells, chimes and carillons; and

(6) Other noises not under the direct control of the property user.

(d) Table 36: Permitted Sound Levels.

Preferred Center Frequency in Hertz	Maximum Permitted Sound Pressure Level in Decibels at Boundaries of Nearest Residentially Zoned Lot
31.5	75
63	74
125	69
250	64
500	58
1,000	52
2,000	47
4,000	43
8,000	40

Above figures for octave band analyzers calibrated with Preferred Frequencies (American National Standards Institute S1.6-1960, Preferred Frequencies for Acoustical Measurement).

Sound levels above shall be modified where applicable by the adjustments in Table 37, subsection (e) hereof.

(e) Table 37: Adjustments to Permitted Sound Levels.

	Adjustment in Decibels
(1) Duration of noise in any one-hour period (use one adjustment only):
A. Under 12 minutes	Add 5 dB
B. Under 3 minutes	Add 10 dB
C. Under 1/2 minute	Add 15 dB
(2) At boundaries of nearest office or commercial zoned lot	Add 5 dB
(3) Noise is impulsive in character (e.g., hammering)	Subtract 5 dB
(4) Noise is periodic in character (e.g., hum, screech)	Subtract 5 dB
(5) Noise may be heard between hours of 7:00 p.m. and 7:00 a.m.	Subtract 5 dB

(Ord. 87-94. Passed 7-27-87.)

1161.04 VIBRATION.

(a) Maximum Vibration. Ground-transmitted vibration shall not exceed the maximum permitted particle velocities in Table 38, subsection (c) hereof, at the locations specified therein.

(b) Measurement. A seismograph or other three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions shall be used to measure vibration.

Particle velocity may be measured directly or computed by the following formula:

PV = 6.28 x F x D

PV: Particle velocity in inches per second.

F: Vibration frequency in cycles per second.

D: Single amplitude displacement of the vibration in inches.

	Maximum Permitted Particle Velocity*
Use	At Adjacent Lot Line	At Nearest Residentially Zoned Lot Boundary**
Heavy Industrial	0.2	0.02
Other	0.1	0.02

Notes for Table 38

* Where vibration is produced as discrete impulses (impact vibrations) not exceeding 100 per minute, maximum permitted velocities may be doubled.

** Between 7:00 a.m. and 7:00 p.m., maximum permitted velocity at residentially zoned lot boundaries shall be reduced fifty percent (50%).

(Ord. 87-94. Passed 7-27-87.)

1161.05 SMOKE.

(a) Maximum Emissions. Emissions of smoke shall not exceed the maximum permitted smoke units as defined herein and Ringelmann Number ratings in Table 39, subsection (b) hereof.

(b) Table 39: Maximum Smoke Emissions.

	During 1 Hour Per 24-Hour Day*		All Other Times
	Heavy Industrial	Other	Heavy Industrial	Other
Maximum permitted smoke units per hour per stack***	32	16	16	8
Highest Ringelmann number permitted	3**	2**	2	1

Notes for Table 39

* When blowing soot or cleaning fires.

** For a maximum duration of three minutes.

*** The number of smoke units is the product of the Ringelmann Number and the number of minutes the smoke is visible.

(Ord. 87-94. Passed 7-27-87.)

1161.06 PARTICULATE MATTER.

(a) Maximum Emissions. Particulate matter is fine solid or liquid particles small enough to be carried in the air, including products of combustion such as soot and fly ash, industrial dust, and products of wind erosion.

The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the values in Table 40, subsection (b) hereof, as adjusted by the factors in Table 41, subsection (e) hereof.

(b) Table 40: Particulates Standards.

Use	Maximum Pounds Per Acre of Net Site Area Per Hour	Maximum Tonnage Per Acre of Net Site Area Per Year
Heavy industrial	5	10
Other	1	5

(c) Measurement. The emission rate in pounds per hour from any single stack shall be determined by selecting the continuous four-hour period which shall result in the highest average emission rate.

(d) Control of Wind Erosion. Emission of particulate matter from materials, products or surfaces subject to wind erosion shall be minimized by paving, oiling, wetting, covering, landscaping, fencing or other means.

This shall apply to vacant lots; unpaved roads; yards and storage piles of bulk materials such as coal, sand, cinders, slag and sulfur; and similar sources of windborne particulates.

(e) Table 41: Adjustments to Particulates Standards.

User should interpolate for values not listed.

Minus sign indicates value is to be subtracted from particulate standard.

(1) Height of Emission.

Height of Emission Above Grade in Feet	Adjustment in Lbs./Hour/Acre
50	-0.01
100	-0.06
150	-0.1
200	-0.16
300	-0.3
400	-0.5

(2) Velocity of Emission.

Exit Velocity in Feet Per Second	Adjustment in Lbs./Hour/Acre
0	-
20	-0.03
40	-0.09
60	-0.16
80	-0.24
100	-0.5

(3) Temperature of Emission.

Temperature in Degrees Fahrenheit	Adjustment in Lbs./Hour/Acre
200	-
300	-0.001
400	-0.002
500	-0.003
1,000	-0.01
1,500	-0.04
2,000	-0.1

(Ord. 87-94. Passed 7-27-87.)

1161.07 TOXIC MATTER.

(a) Maximum Emissions. Release of any airborne toxic matter shall not exceed the permitted standards in Table 42, subsection (b) hereof, at the locations specified therein.

(b) Table 42: Permitted Emission of Toxic Matter.

Use	Maximum Fraction of Threshold Limit Value*	Location Where Applicable
Heavy industrial	1/30	At district boundary
Other	1/30	At lot lines

Notes for Table 42

* Threshold limit value adopted by American Conference of Government and Industrial Hygienists

(c) Measurement. Measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four hour sampling period.

(Ord. 87-94. Passed 7-27-87.)

1161.08 ODOR.

(a) Maximum Emissions. Odorous material released shall not exceed the odor threshold concentration at the following locations:

All Industrial Uses	Other Uses
At boundaries of nearest residentially zoned lot	At lot lines

(b) Measurement. Odor shall be measured by odor threshold concentrations with the American Society for Testing and Materials Method D1391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method), or its equivalent.

Odor shall be measured at ground level or habitable elevation.

(Ord. 87-94. Passed 7-27-87.)

1161.09 FIRE AND EXPLOSION.

(a) Other Regulations Applicable. In addition to the requirements herein, all materials regulated in this chapter shall be utilized, stored, manufactured and handled in accordance with the City Fire Protection Code, Chapter 1501 of the Codified Ordinances, and the standards of the National Fire Protection Association.

(b) Detonable Materials. Detonable materials are all materials or products that decompose by detonation, including, among other materials:

(1) All primary explosives such as lead azide, lead styphnate, fulminates and tetracene;

(2) All high explosives such as TNT, RDX, HMX, PETN and picric acid;

(3) Propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides and hydrazine and its derivatives;

(4) Pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate;

(5) Blasting explosives such as dynamite and nitroglycerine;

(6) Unstable organic compounds such as acetylides, tetrazoles and ozonides;

(7) Strong unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and

(8) Nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

The storage, utilization or manufacture of detonable materials shall be permitted only as licensed by the City or as incidental to a principal use subject to requirements of Table 43, subsection (c) hereof.

Storage, Utilization or Manufacture of 5 Lbs. or Less	Storage or Utilization of Over 5 Lbs.	Manufacture of Over 5 Pounds
Permitted use	Conditional use	Prohibited

(d) Flammable Solid Materials. The utilization, storage and manufacture of flammable solid materials are permitted subject to the following restrictions:

Rating	Restrictions
Incombustible to moderate burning	None
Free to active burning to intense burning	Only in completely enclosed buildings with minimum 2-hour fire-resistive construction that are either:
	(1) Protected with an automatic fire extinguishing system; or
	(2) Located at least 40 feet from all lot lines.

(e) Flammable Liquids and Gases. The storage, utilization and manufacture of flammable liquids or gases that produces flammable or explosive vapors shall be limited to the quantities specified in Table 44, subsection (f) hereof.

(f) Table 44: Standards for Flammable Liquids and Gases.

Open Cup Flash Point in Degrees Fahrenheit	Maximum Gallons
	Above Ground		Below Ground
	Heavy Industrial	Other	Heavy Industrial	Other
Under 100	62,000	3,000	No maximum	100,000
100-139	100,000	10,000	No maximum	100,000
140 and over	200,000	20,000	No maximum	100,000

Storage of finished products in original sealed containers of fifty-five gallons or less is exempt from above standards. Maximum cubic feet of flammable gases at standard temperature and pressure shall be thirty times the gallonage figures above.

(Ord. 87-94. Passed 7-27-87.)

1161.10 GLARE.

No operation shall produce direct or indirect illumination greater than 0.5 footcandles in any Residential District. Sources of lighting shall be directed, shaded, shielded or otherwise arranged so as not to produce glare in surrounding properties.

(Ord. 87-94. Passed 7-27-87.)

1161.11 HEAT.

No heat from operations or processes shall be sensed at any lot line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

(Ord. 87-94. Passed 7-27-87.)

1161.12 RADIOACTIVE RADIATION.

No operation shall be permitted that causes any individual outside of the lot lines to be exposed to any radiation exceeding the lowest concentration permitted for the general population by federal and State laws and regulations in effect as of the day of application for a certificate of occupancy.

(Ord. 87-94. Passed 7-27-87.)

1161.13 ADMINISTRATION.

The procedures herein are intended to enforce the performance standards herein, to protect businesses from arbitrary enforcement, and to protect the public from unnecessary enforcement costs.

(a) New Uses. An application for a conditional use permit or a building permit for an industrial use within the I-1 Industrial District shall include a certification by a licensed engineer, licensed architect or scientific laboratory that the use involved in the application is able to meet all applicable performance standards to the extent that this can be judged based on the submitted building plans and other information available prior to construction.

This certification shall be accompanied by copies of all data or information supplied by the applicant and used as the basis of the certification. The Zoning Administrator may refer the certification and data to the Director of Public Service for review.

The Zoning Administrator may also require such certification for a land use in any other zoning district when in his or her judgment the use has potential to exceed any performance standard herein. Such certification may include all performance standards or only individual standards specified by the Zoning Administrator.

(b) Existing Uses. In enforcing performance standards on existing uses, the Zoning Administrator may issue a written notice of violation to an alleged violator.

The Zoning Administrator shall, before issuing such notice, make technical determinations of violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.

In other cases, however, technical complexity or extraordinary expense may make it unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Zoning Administrator has other reason to believe there is probable violation.

The Zoning Administrator shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation.

The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Zoning Administrator believes there is a violation. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator and within a time limit he or she shall specify in the notice.

The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a violation.

The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations shall be made. If a violation is found as a result of such determinations, the cost of the determinations shall be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the City shall pay the cost of the determinations.

(Ord. 87-94. Passed 7-27-87.)

1161.14 TELECOMMUNICATION AND RADIO TOWERS AND TELECOMMUNICATION EQUIPMENT ON EXISTING STRUCTURES.

(EDITOR’S NOTE: Former Section 1161.14 was repealed by Ordinance 98-132, passed September 28, 1998.)

1163.01 PURPOSE.

The general purpose of this chapter is to regulate the design, placement, and construction of telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive telecommunications marketplace in the City. Specifically, the purposes of this Chapter are:

(a) To regulate the location of towers and other telecommunications facilities in the City;

(b) To protect residential areas and land uses from potential adverse impact of telecommunications facilities;

(c) To minimize adverse visual impact of telecommunications facilities through careful design, siting, landscaping, and stealth techniques;

(d) To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support telecommunications facilities;

(e) To promote and encourage shared use/co-location of towers and antenna support structures as a primary option to construction of additional single-use towers;

(f) To avoid potential damage to property caused by towers and other telecommunications facilities by ensuring such structures are soundly designed, constructed, and maintained, and are fully removed upon cessation of operation; and

(g) To ensure that telecommunications facilities are compatible with surrounding land uses.

(Ord. 98-132. Passed 9-28-98.)

1163.02 APPLICABILITY.

All towers, antenna support structures, antennas, and other telecommunications facilities, any portion of which are located within the City, are subject to this chapter. Except as provided in this chapter, any use being made of an existing tower or antenna support structure on the effective date of the ordinance enacting this chapter shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this chapter. Any tower site that has received approval in the form of a building permit by the City, but has not yet been constructed or located, shall be considered a nonconforming structure so long as such approval is current and not expired.

(Ord. 98-132. Passed 9-28-98.)

1163.03 DEFINITIONS.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) “Antenna” means any exterior transmitting or receiving device mounted on a tower or antenna support structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

(b) “Antenna Support Structure” means any structure other than a tower which is at least fifty feet in height and can be used for location of telecommunications facilities.

(d) “Application” means the process by which the owner of a property within the City submits a request to develop, construct, build, modify, or erect a telecommunication facility upon such property. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by the Applicant to the City concerning such a request.

(e) “Engineer” means any engineer licensed by the State of Ohio.

(f) “Micro Antenna” means any antenna which consists solely of the antenna and which does not have any supporting structures other than brackets. Micro antennas shall be no greater than five feet in height and shall have an area not more than 580 square inches.

(g) “Owner” means any person with fee title or a long-term (exceeding ten years) leasehold to any property within the City who desires to develop, construct, build, modify or erect a telecommunications facility upon such property.

(h) “Person” means any natural person, association, company or other legal entity, private or public, whether for profit or not for profit.

(i) “Stealth” means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as man-made trees, light poles, power poles, and similar alternative-design mounting structures.

(j) “Support Structures” means any building or structure accessory to but necessary for the proper functioning of an antenna or tower.

(k) “Telecommunication Facilities” means any plant, equipment, and property, including but not limited to cables, wires, pedestals, wave guides, antennas, towers, alternative tower structures, electronics and other appurtenances associated with the transmission, reception, distribution, provision or offering of telecommunications services.

(1) “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term “tower” includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and other similar structures but does not include hobby-related communications facilities located in residential districts (i.e. Ham radio towers). The term “tower” also includes any antenna or antenna array attached to the tower structure.

(m) “Tower height” means the measurement from the ground surface below the base to the top of the tower itself or, if higher, to the top of the highest antenna or piece of equipment attached thereto. In the case of building mounted towers, the height of the tower includes the height of the portion of the building on which the tower is mounted.

(Ord. 98-132. Passed 9-28-98.)

1163.04 USE REGULATIONS.

(a) Telecommunications facilities shall be conditional uses in C-2, C-3, C-4, and I-l districts and shall not be permitted in any other zoning district. Telecommunications facilities of stealth design shall be permitted uses in C-2, C-3, C-4, and I-1 districts.

(b) Tower setback shall be 100 percent of the tower height from the nearest property line and public right of way.

(1) Towers l00 feet or less in height shall be located no closer than 500 feet to any residential zoning district.

(2) Towers greater than 100 feet in height shall be located no closer than 750 feet to any residential zoning district.

(3) Towers greater than l50 feet in height, when permitted, shall be located no closer than 1,000 feet to any residential zoning district. Towers greater than 150 feet are not permitted unless the additional height is necessary to:

A. Facilitate co-location of telecommunications facilities; or

B. Meet the coverage requirements of the applicant's grid system, to be documented with written, technical evidence from an engineer that demonstrates that the height of the tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.

(4) Distance to residential zoning district requirements shall be one-half (½) of the distances established above for towers incorporating stealth design.

(d) Antennas may be mounted to existing towers or antenna support structures under the following guidelines:

(1) Any such antenna and its supporting facilities that are mounted to an existing structure shall be painted a color which matches, or is compatible with, the structure on which it is located.

(2) Any antenna and supporting facilities located above the primary roof of an antenna support structure shall be set back one foot from the edge of the roof for each one foot in height that the antenna extends above the primary roof of the structure. This setback requirement shall not apply to telecommunications facilities which are screened from view through the use of stealth design, panels, walls, fences, or other screening techniques approved by the City.

(3) The height from grade of the antenna shall not exceed the height from grade of the antenna support structure by more than 20 feet.

(4) Micro antennas not exceeding five feet in height may be placed on any building in a permitted zoning district and shall not be subject to the edge of roof setback requirements.

(e) All other uses accessory to any telecommunications facility, including but not limited to business offices, maintenance depots, and materials and vehicle storage are prohibited from the site unless otherwise permitted in the zoning district in which the telecommunications facility is located.

(Ord. 98-132. Passed 9-28-98.)

1163.05 STANDARDS OF APPROVAL FOR TELECOMMUNICATIONS FACILITIES.

(a) The applicant shall demonstrate, using the latest technological evidence, that the telecommunication facility must be placed where it is proposed in order to satisfy its necessary function in the applicant's grid system. Part of the demonstration shall include a drawing showing the boundaries of the area around the proposed location which would permit the facility to function properly in the company's grid system.

(b) If the applicant proposes to build a tower (as opposed to mounting an antenna on an existing structure), it is required to demonstrate that it has contacted the owners of all tall structures within an appropriate zoning district within a one-half (½) mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for either non-economic reasons or that a clearly unreasonable economic demand was made by the owner of the potential antenna support structure, based on prevailing market values. "Tall structures" must be at least fifty feet in height and shall include but not be limited to: smoke stacks, water towers, buildings, antenna support structures of other telecommunications companies, other towers, and roadway light poles.

The City may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

(c) The applicant shall demonstrate that the telecommunications facility is the minimum height required to function satisfactorily or to accommodate the co-location requirement. No facility that is taller than the necessary height shall be approved.

(d) The applicant shall demonstrate that the proposed telecommunications facility is safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. The applicant shall demonstrate that the proposed facility meets FCC radio frequency emission standards. Furthermore, all towers shall be fitted with anti-climbing devices as approved by the manufacturer.

(e) A chain-link fence shall be required around any tower and its support structures. The fence shall be a minimum of six feet in height and shall be erected to prevent access to non- authorized personnel.

(f) In order to screen support structures, fencing, and other ground level features and to soften the appearance of the site, any freestanding tower shall incorporate landscaping which includes evergreen trees, shrubs, and other landscaping vegetation. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

The City may permit any combination of vegetation, topography, walls, decorative fencing or other features instead of landscaping if the same degree of screening as the required landscaping is achieved.

If an antenna is mounted on an existing structure and other related equipment is housed inside of an existing structure, landscaping will not be required.

(g) The applicant must demonstrate to the City that it is licensed by the Federal Communications Commission (FCC). Towers built on speculation shall not be permitted. At least one licensed user must be committed to placing its facilities on a tower before the tower will be approved.

(h) Adequate parking shall be required for users of a tower such as maintenance personnel. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking facilities shall be consistent with the applicable parking requirements established in the Zoning Code.

(i) Unless required otherwise by the Federal Aviation Administration (FAA) or the FCC, all towers shall be painted a non-contrasting gray or similar color minimizing its visibility. Towers shall meet all FAA regulations. No tower shall be lighted except when required by the FAA. No signs shall be permitted on any telecommunications facility. All utility lines serving a tower shall be underground.

Any antenna that is mounted to an existing structure shall be painted a color which matches, or is compatible with, the structure on which it is located.

(j) The owner of property used as a site of a telecommunications facility shall maintain such property and all structures in good condition and free of trash, outdoor storage, weeds, and other debris.

(Ord. 98-132. Passed 9-28-98.)

1163.06 CO-LOCATION OF TELECOMMUNICATIONS FACILITIES.

(a) For the purpose of encouraging co-location of telecommunications facilities and other uses, towers shall meet the following requirements:

(1) Towers less than seventy-five feet in height shall be designed, engineered, and constructed to support facilities installed by two or more telecommunications providers.

(2) Towers at least seventy-five feet in height but less than 150 feet in height shall be designed, engineered, and constructed to support facilities installed by three or more telecommunications providers.

(3) Towers 150 feet in height or taller shall be designed, engineered, and constructed to support facilities installed by four or more telecommunications providers.

As used in the above, the term "providers" shall include the antennas of police, fire and EMS departments. Furthermore, an applicant must demonstrate that the area acquired for the use and construction of the tower and support structures is sufficient in size to accommodate any additional structures that may be required if additional providers are added to the tower.

(b) In order to reduce the number of towers needed in the City, the owner of an existing tower shall not unreasonably deny a request to accommodate other users, including other telecommunications companies and the antenna of local police, fire and EMS departments. The owner of an existing tower may request reasonable compensation for the use of the tower.

(c) Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure.

(Ord. 98-132. Passed 9-28-98.)

1163.07 ABANDONMENT OF TELECOMMUNICATIONS FACILITIES.

(a) The owner of a telecommunications facility shall be required to notify the City's Zoning Officer in writing of its intent within thirty days of its cessation of business, discontinuance of service, or any transfer, merger, or acquisition of ownership.

(b) If at any time the use of any telecommunications facility is discontinued for 120 days, the Zoning Officer may declare the facility abandoned. The 120 day period excludes any dormancy period between construction and initial use of the facility. Discontinued shall mean that the facility has not been properly maintained, has been abandoned, become obsolete, or is unused for telecommunications purposes. The Zoning Officer shall serve the facility's owner with a declaration of abandonment, with instructions to either reactivate use of the facility or dismantle and remove the facility within sixty days from the mailing of the notice.

Service of said notice shall be by ordinary mail with return receipt to the last known address of the owner and service shall be presumed if said receipt is returned by the U.S. Post Office. If the notice is returned as undelivered, the City shall post the notice on the facility for a period of thirty days. If reactivation does not occur or dismantling is not commenced or dismantling is not diligently pursued within the 60 day period and no appeal is filed as provided in this section, the City may remove the facility or contract to have the facility removed and assess to the operator and/or owner of the facility the costs of removal.

The notice of declaration of abandonment required by this section shall inform the owner that it has the right to appeal the order to reactivate or dismantle by filing a written notice of appeal to the Board of Zoning Appeals, pursuant to Section 1105.13 of the Planning and Zoning Code.

(c) No telecommunications tower shall be constructed, replaced or altered without first obtaining any applicable building permits.

(Ord. 98-132. Passed 9-28-98.)

1163.08 APPLICATION PROCEDURE.

Any person proposing to place a telecommunications facility within the City shall make application to the Zoning Officer or his designee. The applicant must submit the following:

(a) The name, address, and telephone number of the applicant and, if different, of the owner of the property proposed for placement of the facility. Proof of ownership of the proposed site or authorization to use it shall be included in the application.

(b) The legal description and address of the site upon which the facility is to be located.

(c) The names, addresses and telephone numbers of all owners of existing towers and other tall structures suitable as antenna support structures within a one-half (½) mile radius of any proposed new tower site.

(d) A written report including a description of the proposed telecommunications facility with technical reasons supporting its design, height, and placement pursuant to Sections 1163.05 and 1163.06 of this Code.

(e) A plot plan which shows all structures and identifies land use within 500 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

(f) A site and landscaping plan showing the following:

(1) Specific placement of all proposed facilities on the site.

(2) The location of existing structures, trees, and other significant site features.

(3) The location of all existing and proposed utilities.

(4) The type and locations of plant materials used to screen the facilities.

(5) The proposed color of the facilities, by paint code number.

(g) A statement of the general capacity of any proposed tower, including co-location requirements pursuant to Section 1163.06 (a) of this Code.

(h) Written technical evidence from a qualified engineer that:

(1) The tower or antenna is structurally sound for its proposed use and is in conformance with standards established by the Ohio Basic Building Code and the Ohio Board of Building Standards.

(2) The construction and placement of the telecommunications facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent properties.

(i) Signed statements, binding upon any successor of the applicant, providing that:

(1) A tower applicant agrees to allow for the potential co-location of additional telecommunications facilities by other providers on the applicant's structure.

(2) The applicant shall properly maintain the exterior appearance of the telecommunications facility.

(3) The applicant agrees to remove the facility within 120 days after its use is discontinued.

(4) The applicant shall reimburse the City for all costs incurred to perform any work required of the applicant but which the applicant fails to perform.

(j) Copies of any necessary easements.

(Ord. 98-132. Passed 9-28-98.)

1165.01 LEGISLATIVE FINDING.

(a) It is hereby found and determined that there exist within the City of Zanesville properties that by reason of age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or the occurrence of criminal activity which constitute public nuisances at the premises or combination thereof constitute a blight and a nuisance upon the surrounding neighborhood because such premises are fire hazards, health hazards, places of retreat for immoral or criminal purposes or for the breach of the public peace, substantial and unreasonable interferences with the reasonable and lawful use and enjoyment of other premises in the neighborhood, or factors seriously depreciating property values in the area.

(b) It therefore becomes necessary in order to eliminate nuisance and blight and prevent recurrence of blight on the premises for the City to obtain the title of the blighted premises and to take direct action to remove the blight or provide for its removal by others and to make further provisions for future development, redevelopment or use of the premises in such a way as to prevent any recurrence of blight or nuisance on the premises. It is further found and determined that acquisition of such blighted property by the City in order to eliminate blight or nuisance and to prevent its recurrence constitutes a public purpose.

(Ord. 2024-30. Passed 2-26-24.)

1165.02 DEFINITIONS.

For the purpose of this chapter, the words and phrases defined hereunder shall have the meanings therein respectively ascribed them, unless a different meaning is clearly indicated by the context. Definitions are described in the Ohio Revised Code Section 1.08.

(a) "Blighted area" and "slum" mean an area in which at least seventy per cent of the parcels are blighted parcels and those blighted parcels substantially impair or arrest the sound growth of the state or a political subdivision of the state, retard the provision of housing accommodations, constitute an economic or social liability, or are a menace to the public health, safety, morals, or welfare in their present condition and use.

(b) "Blighted parcel" means either of the following:

(1) A parcel that has one or more of the following conditions:

A. A structure that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building, or fire codes as unfit for human habitation or use;

B. The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;

C. Tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid thirty-five days after notice to pay has been mailed.

(2) A parcel that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through existing zoning codes or other land use regulations:

A. Dilapidation and deterioration;

B. Age and obsolescence;

C. Inadequate provision for ventilation, light, air, sanitation, or open spaces;

D. Unsafe and unsanitary conditions;

E. Hazards that endanger lives or properties by fire or other causes;

F. Noncompliance with building, housing, or other codes;

G. Nonworking or disconnected utilities;

H. Is vacant or contains an abandoned structure;

I. Excessive dwelling unit density;

J. Is located in an area of defective or inadequate street layout;

K. Overcrowding of buildings on the land;

L. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;

M. Vermin infestation;

N. Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;

O. Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;

P. Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located.

(c) "Neighborhood" shall mean an area of the City comprised of all premises or parcels of land which in whole or in part are located within a radius of 500 feet of any one parcel or lot within the City.

(d) “Redevelopment" shall mean the acquisition of blighted premises, the demolition of a structure or structures thereon, the making of site improvements, including construction or reconstruction thereon, or the sale of property for use in accordance with the City of Zanesville's Zoning Ordinance. Redevelopment may include the construction or improvement by the City of any buildings for public use or for resale to not for profit or private entities.

(e) "Rehabilitation" shall mean the restoration, rehabilitation, or conservation of blighted premises by improvement, modernization or repair of a structure or structures thereon to bring it into conformance with applicable Housing, Health, Building and Zoning Code provisions of the City of Zanesville or the elimination of criminal activity constituting a public nuisance at the premises or any combination thereof.

(Ord. 2024-30, Passed 2-26-24.)

1165.03 DETERMINATION OF BLIGHTED PREMISES.

(a) The Community Development Director with the consent of the member of Council in whose ward the premises is located, shall present to the Planning Commission, from time to time and as circumstances warrant, findings which shall list therein the location and ownership of premises which said Director has reason to believe are blighted premises and which are located within the City of Zanesville. The findings shall state briefly the factors which would warrant the determination that the premises in the findings are blighted. The premises so listed in the findings shall be only those blighted premises which, in the opinion of the Director, are such that, in order to eliminate the existing blight and to prevent future blight, acquisition thereof will be necessary for one or more of the following reasons which shall be stated in the findings:

(1) The owner of the blighted premises cannot or will not:

A. Eliminate the blighted condition, and/or

B. Prevent recurrence of the blighted condition.

(2) The owner of the blighted premises has not responded to a lawful order by the City to take action to eliminate its recurrence within 30 days after due notice of the request or order has been given by:

A. Posting such order or notice on the premises; or

B. Personal delivery; or

C. Mailing such order or notice to the last known address, as listed in County property tax records, of the owner; or

D. Publishing in a newspaper of general circulation a notice of the issuance of the order relating to the premises and directing the owner to contact the Community Development Director in regard to such order.

(3) Direct action, short of acquisition by the City to eliminate the blight, including but not limited to clearing the premises of the debris, demolition of blighted structures, or barricading such structure has proved to be unsuccessful.

(4) In the opinion of the director requesting the determination based upon conditions existing on the premises and in the neighborhood, such direct action would be likely to prove inadequate to eliminate blight or prevent its recurrence.

(b) For purposes of subsection (a)(1) hereof, it shall be prima facie evidence that the

owner of the blighted premises is unwilling or unable to eliminate or prevent the recurrence of the blighted condition of the premises if:

(1) The blighted premises has been condemned; or

(2) The blighted premises is a vacant lot which has been cited by the Community Development Director more than three times in a one year period or where the City has had to maintain the lot at least twice during a one year period; or

(3) The blighted premises has been used on more than two occasions during a one year period as the site for the commission of criminal acts which constitute a public nuisance.

The owner's unwillingness or inability to eliminate or prevent the recurrence of the blighted condition of the premises may also be established through testimony and documentary evidence of the Planning Commission hearings on the finding.

(c) Upon the finding of blight by the Planning Commission, the property owner will be notified as described under Section 1165.04.

(d) The Planning Commission will make a recommendation to Council that the property is blighted, and the Community Development Director will send legislation to Council.

(e) The property owner will be notified as described under Section 1165.04 that a public hearing will be held prior to the third and final reading of the legislation.

(Ord. 2024-30. Passed 2-26-24.)

1165.04 PUBLIC HEARING.

Council shall set a date for public hearing in regard to the existence of blight on the premises and the necessity for acquisition of the premises by the City in order to eliminate blight and prevent the recurrence thereof. Said hearing shall be held prior to the third reading of the ordinance by Council. Upon the fixing of a day for a public hearing, the Clerk of Council shall promptly cause notice to be given to the owner or owners of record of the premises and the known occupants thereof, if any, or the known person in charge of the premises, if any, notifying them of the time and place of the hearing and apprising them of their right to appear at such hearing to show cause why the premises should not be declared to be blighted or why the City should not acquire said premises for the purpose of eliminating blight thereon and preventing the recurrence of blight.

Notice of such hearing shall be given by:

(a) Posting the notice thereon on the premises; or

(b) Personal service; or

(c) Mailing such order or notice to the last known address of the owner or owners of record of the premises or person known in charge of the premises or to known occupants thereof; or

(d) Publishing the notice in a newspaper of general circulation within the City of Zanesville.

(e) At the required public hearing, the legislation shall be read and shall constitute prima facie evidence of blight on the premises and the need for the City to acquire such premises in order to eliminate the blight and prevent recurrence of blight thereon. Thereafter, the owner or owners, person in charge, occupant of the premises or any person having an interest therein may proceed to show cause why the premises should not be declared blighted or the City should not acquire said premises for the purposes of eliminating blight or preventing its recurrence. At the hearing, the owner or owners, person in charge of the premises or occupant may cause to be presented to the committee or committees of Council any records of the City pertaining to issues relevant to the hearing and may examine City employees in regard thereto; provided that the production of such records or the presence of such employees is required by the owner or owners, person in charge or occupant of the premises in writing at least 24 hours prior to the hearing.

(f) If the owner or owners, person in charge or occupant of the premises does appear and presents testimony for the purpose of showing cause why the premises should not be declared blighted or the City should not acquire the premises for the purposes of eliminating the blight and preventing recurrence of blight, the director requesting the legislation, or designated representatives, shall proceed to present evidence to Council of the existence of blight on the premises and the need to acquire the premises for elimination of the blight and the prevention of the recurrence of the blight thereon. Members of the general public residing in he neighborhood or who may otherwise have knowledge of the condition of such premises may address the committee or committees at the public hearing in regard to the proposed action by the City. Council may adjourn the public hearing, from time to time, and grant continuances in order that further argument or evidence can be presented in regard to the existence of blight on the premises or the need for the City to acquire the premises in order to eliminate blight or prevent the recurrence of blight thereon.

(Ord. 2024-30. Passed 2-26-24.)

1165.05 ACQUISITION AND BLIGHT DETERMINATION BY CITY.

Upon the determination of Council that a premises is blighted and that acquisition by the City is necessary in order to eliminate the blight and prevent recurrence of blight upon the premises, the Community Development Director is authorized to introduce and submit appropriate legislation to do the following:

(a) Acquire the premises by purchase.

(b) Acquire the premises by court action exercising the City's constitutional right of eminent domain.

(1) Demolition and clearance of the premises by an independent contractor or City force, or clearance if demolition of structures is not necessary.

(2) Rehabilitation by an independent contractor or by City forces.

(3) Sale of the blighted premises to a purchaser upon terms providing for the elimination of the blight and prevention of its recurrence.

(4) Sale of the premises after demolition and clearance (if not needed for a public purpose) for use or development.

(d) Transfer property to the city's Community Improvement Corporation, who will take action to eliminate blight by demolition or rehabilitation of said property or premises.

(e) Any combination of the above provisions.

(Ord. 2024-30. Passed 2-26-24.)

1165.06 TERMS OF SALE; PROHIBITION OF RECURRENCE OF BLIGHT.

(a) Premises sold under the provisions of this chapter shall provide in the instrument of conveyance that the purchaser, successors and assigns, shall rehabilitate or develop the premises in accordance with all applicable City requirements and regulations; shall henceforth use the premises in accordance with the applicable City requirements and regulations; and shall eliminate any blight thereon and prevent the recurrence of blight. Such provisions shall be both covenants and conditions of the conveyance. The instrument of conveyance shall further provide for reversion to the City of Zanesville if blight does recur upon the premises or the use, development or rehabilitation of the premises is not carried out in accordance with the terms of the conveyance and shall provide for a right immediate re-entry by the City of Zanesville in such event.

(b) The Community Development Director is authorized to negotiate for the sale of premises acquired under the provisions of this chapter which are not to be retained by the City. No land shall be sold by the Director except pursuant to ordinance of Council authorizing such sale which ordinance shall describe in detail the terms and conditions upon which such sale is to be made and the covenants to be contained in the deed from the City to the purchaser.

(Ord. 2024-30. Passed 2-26-24.)

1165.07 FINANCES.

There is hereby established a special revenue fund Elimination of Spot Blight into which all appropriations for the purpose of carrying out the provisions of this chapter be placed and the Budget and Finance Director is hereby authorized to make expenditures from such fund for the purposes set forth in this chapter upon receipt of voucher from the Community Development Director and further, the Budget and Finance Director is hereby authorized and directed to deposit into such fund, all proceeds from the sale of premises by the City pursuant to the provisions of this chapter. (Ord. 2024-30. Passed 2-26-24.)

1165.08 PROVISIONS OF THIS CHAPTER NOT LIMITATION.

Nothing in the chapter shall be deemed to limit in any way use of any or all other means available to the City, its officers and employees to remove existing blight or prevent, or summarily eliminate immediate hazards to the public health or safety or criminal activity on premises regardless of whether or not acquisition of such premises has or has not been commenced under any provision ofthis chapter.

(Ord. 2024-30, Passed 2-26-24.)

1165.09 SEVERABILITY.

In the event any portion of this Section shall be declared invalid, unenforceable, or unconstitutional for any reason by a court of competent jurisdiction, that portion shall be considered severable and the remainder of this Section shall remain in full force and effect.

(Ord. 2024-30. Passed 2-26-24.)

PERMITTED AND CONDITIONAL USES

Land Use	Most Restrictive (lowest numbered) Districts Use is Permitted In	Most Restrictive (lowest numbered) Districts Use Is Conditional In
Abbatoirs or slaughter houses		I1
Accessory structures to permitted uses		CO
Accessory uses to conditional uses		RS1 RA1 RM1 CI O1 I1 AE CO
Accessory uses to permitted uses	RS1 RA1 RM1 C1 O1 I1 AE
Accessory uses, no accessory structures	CO
Acid manufacture or processing		I1
Adult uses		C4
Agriculture (see also farms)	AE
Air rights development		RS1 RA1 RM1 C1 O1 I1
Airports		O2 I1 AE
Animal hospitals	C2
Antique shops	C2
Appliance repair shops, domestic	C1
Appliance stores, domestic	C1
Arsenals		I1
Art shops or galleries	C2
Art supply stores	C1	O2
Auction rooms		C4
Auditoriums		C3 O2
Auto parts stores	C2
Automated teller machines	C1 O2
Automobile and truck rental	C4	O2
Automobile laundries	C4
Automobile repair shops		C4
Automobile sales (no open sales lot)	C4
Bakeries (plants)	I1
Bakery stores (retail)	C1
Banks	C1 O2	O1
Barber shops	C1	O2
Bars with live entertainment or dancing		C2
Bars, no live entertainment or dancing		C1 O2
Beauty shops	C1	O2
Bicycle sales, rental and repair	C2
Blueprinting and photostating shops	C2	O2
Boat and marine sales (no open sales lot)	C4
Boat houses	AE	CO
Body shops		C4
Bookstores	C2
Bottled gas dealer	C4
Bowling alleys		C2
Bridle paths	AE CO
Building materials sales	C4
Business machine sales and rental	C2	O2
Camera stores	C2
Camp grounds	C4 AE
Camping equipment sales	C2
Candy shops	C2
Card shops	C1	O2
Carpet stores, retail	C2
Catering establishments	C2
Cemeteries		RS1 RA1 RM1 C1 O1 I1 AE
China and glassware shops	C2
Churches and religious institutions		RS1 RA1 RM1 C1 O1 AE
Clinics	C1 O1	RS1 RA1 RM1
Clothing stores	C2
Coin and stamp shops	C2
Computer sales and rental	C2	O2
Concrete, cement, mortar plants		I1
Conditional public uses		RS1 RA1 RM1 C1 O1 I1 AE
Construction buildings or trailers	RS1 RA1 RM1 CI O1 I1
Contractor and construction offices	C4 I1
Convenience marts	C1
Convention halls		C3 O2
Credit unions	C1 O2	O1
Crematories		C2 O1 I1
Creosote manufacturing or processing		O2
Currency exchanges	C1
Custom dressmaking shops	C2
Dairy stores	C1
Dams, flowages, ponds	AE	CO
Dance halls		C2
Day care centers, child		C1 O1
Delicatessens	C1
Dental offices	C1 O1	RS1 RA1 RM1
Department stores	C2
Detonable materials, over five pounds		I1
Discount department stores	C2
Dish antennas	RS1 RA1 RM1 C1 O1 I1 AE	RS1 RA1 RM1
Donut shops	C1	O2
Drainage facilities, man- made		CO
Dredging		CO
Drive-in establishments		C1
Drug stores	C1	O2
Dry cleaning plants	I1
Dry cleaning stores	C1
Dumps		I1 AE
Dwelling unit of caretaker	I1
Dwelling units above ground floor	RM1 C1
Electrical showrooms	RM1 C1
Employment agencies	C2 O2
Equipment rental	C4
Excavations		AE
Exhibit halls		C3 O2
Exterminating services	C2
Farm stands, permanent	AE
Farms, mink, poultry or hog		AE
Fat rendering		I1
Feed, flour and grain storage	AE	I1
Feeding stations, cattle		AE
Fertilizer manufacturing or processing		I1
Filling		CO
Finance companies	C1 O2	O1
Fish markets	C1
Florist shops	C1	O2
Food stores 5,000 square feet or larger	C2	C1
Food stores under 5,000 square feet	C1
Forestry	AE CO
Frozen food stores	C2
Fuel and ice sales	C4
Fuel storage, bulk		C4 I1
Furniture stores	C2
Furrier shops	C2
Game rooms		C1
Garden supply stores	C2
Gas stations, automobile		C1 I1
Gift shops	C1	O2
Golf courses and country clubs, private	C4 O2 I1	RS1 RA1 RM1 CI O1 AE CO
Golf courses, publicly owned	RS1 RA1 RM1 C1 O1 I1 AE CO	CO
Graphics and drafting services	O2 I1
Greenhouses, commercial	C4 AE
Grocery stores under 5,000 square feet	C1
Group homes	C2	RS1 RA1 RM1 C1 O1
Gunsmith shops	C2
Hardware stores	C2
Health clubs	C2 O2
Health food stores	C1
Hiking trailes	AE CO
Hobby and craft shops	C2
Home occupations	RS1 RA1 RMA AE
Hospitals	C2	RS1 RA1 RM1 C1 O1
Hotels and motels	C2 O2
Ice cream shops	C1
Incinerators		I1
Industry, heavy		I1
Industry, light	I1
Insurance offices	C1 O1
Interior decorating shops	C2
Jewelry and watch sales and repair	C1
Junk yards		C4 I1
Kennels	C2
Laboratories, medical or scientific	C2 O2 I1
Landfills		I1 AE
Laundries, small retail	C1
Laundromats	C1
Laundry plants, commercial	C4 I1
Leather goods shops	C2
Liquor stores	C1
Locks		CO
Locksmith shops	C2
Luggage shops	C2
Machinery sales		C4
Mail order houses	C4 O2
Manufactured home parks		RM1
Manufactured home subdivisions		RM1
Manufactured homes (individual lots)	AE	RS1 RA1 RM1
Manufactured home sales (no open sales lot)	C4
Meat markets	C1
Medical offices	C1 O1	RS1 RA1 RM1
Meeting halls	C2 O2
Mental health centers	C2	RS1 RA1 RM1 C1 O1
Millinery shops	C2
Mini-warehouses		C4
Model home and garage displays		C4
Model homes	RS1 RA1 RM1
Monument sales (no open sales lot)	C4
Mortuaries		C2 O1
Motor, rail, air freight terminals		I1
Motorcycle repair shops		C4
Motorcycle sales (no open sales lot)	C4
Multiple-family dwellings	RM1
Musical instrument shops	C2
Newspaper and magazine shops	C1	O2
Newspaper distribution agencies	C1 O2
Nurseries, tree and shrub	C4 AE CO
Nursing home	C2	RS1 RA1 RM1 C1 O1
Nut shops	C1
Office supply stores	C1	O2
Offices, business and professional	C2 O1
Offices, government and institutional	C2 O1
Oil refining		I1
Open sales lots		C4
Optician sales, retail	C1
Optometry offices	C1 O1
Orchards	AE CO
Ore reduction		I1
Orthopedic supplies, retail	C2
Outdoor advertising signs	C4 I1
Outdoor amusement establishments		C4
Outdoor storage		C4 I1
Paint stores	C1
Park or golf course buildings		CO
Parking, off-street, as principal use	C3	O2 I1
Parks, playgrounds, forest preserves	RS1 RA1 RM1 C1 O1 I1 AE CO
Pawnshops	C2
Permitted public uses	RS1 RA1 RM1 C1 O1 I1 AE CO
Pet shops	C2
Philanthropic or charitable institutions		C1 O1
Photo processing stores	C1
Picnic areas	AE CO
Picture framing shops	C2
Piers		CO
Planned Unit Developments		RS1 RA1 RM1 C1 O2 I1
Plazas and public spaces	C3 O2
Plumbing and heating sales	C4
Pool halls		C2
Popcorn shops	C1
Post offices	C2 O2
Print shops (six or fewer employees)	C1
Printing and publishing plants	I1	C2
Produce markets	C2
Quarries and sand and gravel pits		I1 AE
Radio and television studios	C3 O2 I1
Radio and television towers		C2 O2 I1
Real estate offices	C1 O1
Record, tape and music shops	C2
Recording studios	C3 O2 I1
Recreational vehicle sales (no open sales lot)	C4
Recreational institutions		C1 O1
Recreational vehicle repair shops		C4
Recycling centers, solid waste		I1 AE
Removal of top soil or pet		CO
Research and development facilities	O2 I1
Restaurants	C1 I1	O2
Restaurants serving alcohol	I1	C1 O2
Restaurants with entertainment, dancing	I1	C2
Restaurants, drive-in	I1	C1
Rubber manufacturing or processing		I1
Salt works		I1
Sauerkraut manufacturing or processing		I1
Savings and loans and savings banks	C1 O2	O1
Schools and educational institutions		RS1 RA1 RM1 C1 O1 AE
Schools, commercial	C2 O2 I1
Second hand stores	C2
Sewer cleaning services	C4
Sewing machine sales and service	C2
Shoe repair shops	C1
Shoe stores	C2
Single-family attached homes	RA1 RM1
Single-family detached homes	AE
Skating rinks, indoor		C2
Smelters		I1
Soap manufacturing or processing		I1
Sporting good stores	C2
Stables, commercial		AE
Stables, private	AE
Stationery stores	C1	O2
Stock yards or slaughtering		I1
Streets and alleys	RS1 RA1 RM1 C1 O1 I1 AE
Studios, art, music or photography	C2 O2
Supermarkets	C2	C1
Swimming pool sales (no open sales lot)	C4
Swimming pools, commercial		C2
Synthetic polymers manufacturing		I1
Tailor shops	C1
Tallow, grease, lard manufacturing		I1
Tanning salons	C2
Tanning, curing of hides		I1
Tar distillation		I1
Tax preparation offices	C1 O1
Taxidermists	C2
Telegraph offices	C2
Temporary construction buildings	RS1 RA1 RM1 CI O1 I1
Temporary uses	RS1 RA1 RM1 C1 O1 I1 AE CO
Theatres, indoor	C2
Ticket offices, amusement	C1
Ticket offices, transportation	C1 O1
Tile stores	C1
Tobacco shops	C1	O2
Tourist information centers	C3
Townhouses	RA1 RM1
Toy stores	C2
Trading stamp redemption centers	C2
Trailer and mobile home repair		C4
Trailer parks and campgrounds		C4
Trailer sales (no open sales lot)	C4
Transfer stations, solid waste		I1 AE
Travel agencies	C2 O1
Truck repair shops		C4
Truck sales (no open sales lot)	C4
Truck stops		C4
Two-family dwellings	RA1 RM1
Union Halls	C2 O2
Variety stores	C2
Veterinarian offices	C2
Video cassette sales and rental	C2
Wallpaper stores	C1
Warehousing and distribution	I1	O2
Water softener services	C4
Wholesaling	I1	O2
Wrecking yards		C4 I1
Yard goods stores	C1
Yogurt shops	C1
Zero lot line single-family homes		RS1 RA1 RM1

(Ord. 87-94. Passed 7-27-87.)

DIAGRAMS

TYPES OF LOTS

See lot definitions, Section 1109.01.

ARTERIAL LOT DIMENSIONS

See exceptions to arterial lot dimensions, Section 1133.05.

LOT

See lot definitions, Section 1109.01.

BUILDING HEIGHT

See building height definition, Section 1109.01.

SIGN HEIGHT

See sign height definition, Section 1109.01.

FENCE HEIGHT

See fence height definition, Section 1109.01.

YARDS

See yard definitions, Section 1109.01.

CONFORMITY TO EXISTING FRONT YARDS

Room addition to C reduces average front yard of A and C, thereby reducing the required front yard for B and allowing B to build an addition forward of the building line.

See conformity to existing front yards provision, Section 1159.12.

DWELLING TYPES

See dwelling definitions, Section 1109.01.

LANDSCAPING

See Chapter 1151.

VARIANCES

See Chapter 1115.

PARKING SPACE

See parking space depth and width definitions, Section 1109.01.

FLOOR AREA RATIO

See floor area ratio definition, Section 1109.01.

EXPRESSWAY SIGNS

See Section 1153.19.

CONFORMITY TO EXISTING SIGN SETBACK

See conformity to existing sign setback provision Section 1153.13.

SIGN BONUSES

See sign standard bonuses provisions, Sections 1153.12 and 1153.21.

APPENDIX