PART TWELVE - PLANNING AND ZONING CODE. TITLE TWO - Access Code. CHAPTER 1212 Construction of Entrances, Driveways and Approaches

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1 PART TWELVE - PLANNING AND ZONING CODE TITLE TWO - Access Code CHAPTER 1212 Construction of Entrances, Driveways and Approaches Appx. I. Right-in/right-out standard detail. Permit required; exception. Alteration, relocation or remodeling of entrances. Inspections; expenses. Bond, surety, cash or letter of credit required. Relocation or replacement of public improvements. Time limitations. Right to remove or barricade nonconforming installations. Improvement of roadways; inclusion of public and private road approaches and drainage structures; access points. Responsibility of abutting owners or occupants; obstructions. Mandatory review and approval by Service Committee. Detail - Turn Lanes for Right-In/Right-Out. CROSS REFERENCES Cost of improvement of intersections - see Ohio R.C Intersection defined - see Ohio R.C (KK) Limited access highways - see Ohio R.C Curbs and gutters in developments - see P. & Z Intersections in developments - see P. & Z Driveways in developments - see P. & Z RIGHT-IN/RIGHT-OUT STANDARD DETAIL. The final design of the right in/right out is the responsibility of the developer and its engineer and must be approved by the City Engineer PERMIT REQUIRED; EXCEPTION. No person, firm, corporation or developer shall construct any entrance, driveway or approach connecting with any public roadway, or cut or remove any curb along such roadway, without first obtaining a written permit therefor from the Engineer and then only in accordance with the regulations and requirements contained herein. Lots in platted subdivisions will not require a written permit for a single access which is in conformity with this Access Code. All other accesses shall require a written permit. 1

2 ALTERATION, RELOCATION OR REMODELING OF ENTRANCES. No entrance or use of an entrance shall be significantly altered, relocated or remodeled without the written permission of the Engineer. Minor repairs and upkeep are permitted INSPECTIONS; EXPENSES. All work on private entrances, driveways and approaches shall be done under the inspection and to the satisfaction of the Engineer, and the entire expense of constructing such private entrances, driveways and approaches, and related inspections, including a 5% administrative fee, shall be borne by the person, firm, corporation or developer to whom such permit is given. Such fees shall be paid in accordance with the schedule adopted and approved by City Council SURETY REQUIRED. The Engineer is hereby authorized to require, before granting a written permit, that a sufficient surety be given to the Municipality to insure the carrying out of the terms of such permit. The surety shall be in the form acceptable to the Law Director and Finance Director. When the requirements of the permit have been met, the bond or deposit shall be returned RELOCATION OR REPLACEMENT OF IMPROVEMENTS. The cost of relocation or replacement of any and all improvements within a right of way shall be the sole responsibility of the permittee. All relocated or replaced improvements must be completed to the satisfaction of the Engineer TIME LIMITATIONS. Construction of an entrance and approach shall be completed within one year of the issuance of the permit. The Engineer may extend the time in 6 month increments so long as construction is actively progressing for good cause shown RIGHT TO REMOVE OR BARRICADE NONCONFORMING INSTALLATIONS. The Municipality reserves the right to remove or barricade nonconforming access installations at any time, with or without notice, pursuant to police, health and safety powers of the Municipality. All costs incurred by the Municipality in removing or barricading nonconforming installations shall be paid by the property owner IMPROVEMENT OF ROADWAYS; INCLUSION OF PUBLIC AND PRIVATE ROAD APPROACHES AND PERTINENT STRUCTURES; ACCESS POINTS. When any roadway is constructed or reconstructed, the construction of all public road approaches and existing private approaches, together with other pertinent structures required for 2

3 its protection, shall be included as part of the improvement of the roadway. The Engineer may require the changing of the location or closure of any existing access points in the interest of safety RESPONSIBILITY OF ABUTTING OWNERS OR OCCUPANTS; OBSTRUCTIONS. The owners or occupants of abutting properties shall maintain and keep in repair all private entrances, driveways, sidewalks, bike paths and approaches. Such features shall be constructed or maintained in such a manner as not to obstruct or interfere with the roadway, the traffic thereon or with any drain or ditch which has been constructed on or which serves such roadway MANDATORY REVIEW AND APPROVAL BY SERVICE COMMITTEE. Applicants for access onto a public right of way owned or controlled by the Municipality, whose property is not located within the incorporated area of the Municipality, are subject to mandatory review and approval by the Service Committee of Council, in addition to reviews which may be required by the Engineer. APPENDIX I. Detail - Turn Lanes for Right-In/Right-Out 3

4 PART TWELVE - PLANNING AND ZONING CODE TITLE TWO - Access Code CHAPTER 1214 Plans and Engineering Requirements Plot plan and site plan required. Distance from property line to driveway. Construction of driveway approaches; filing of documents. Divided entrances. Traffic lanes. Entrances for tractor-trailer combinations. Turning restrictions and lot turn lanes. Driveway design. On-site storage for vehicles. Provisions for circulation between parcels. Access to property abutting side street. Revision of spacing requirements and access characteristics. CROSS REFERENCES Cost of improvement of intersections - see Ohio R.C Intersection defined - see Ohio R.C (KK) Limited access highways - see Ohio R.C Curbs and gutters in developments - see P. & Z Intersections in developments - see P. & Z Driveways in developments - see P. & Z PLOT PLAN AND SITE PLAN REQUIRED. The application for permanent access to a public street or roadway shall be accompanied by a plot plan and/or a completed site plan at a minimum scale of one inch equals fifty feet, properly dimensioned, showing all existing driveway entrances, approaches, sidewalks, bike paths and other pertinent planimetric and topographic features for a distance equal to the sight distance as shown in Chapter DISTANCE FROM PROPERTY LINE TO DRIVEWAY. The minimum distance from the property line to a driveway shall be as follows: Zoning District Curbed (ft.) Uncurbed (ft.) Residential 3 8 Multi-residential Office, Commercial, Industrial

5 CONSTRUCTION OF DRIVEWAY APPROACHES; FILING OF DOCUMENTS. No driveway approach shall be constructed so that any part of it extends in front of property belonging to a person other than the permittee, unless a joint application is signed by both parties to share a single cut at that location. Appropriate easements, surveys or other necessary legal documents shall be prepared and filed with the appropriate County prior to the final approval of the curb cut by the Engineer DIVIDED ENTRANCES. A divided entrance may be required for major traffic generators. The Engineer reserves the right to permit or require a divided entrance based on the parking capacity of the establishment and the effect on the traffic service of the adjacent roadway TRAFFIC LANES. Acceleration, deceleration, traffic and/or turn lanes shall be provided for as directed by the Engineer ENTRANCES FOR TRACTOR-TRAILER COMBINATIONS. Entrances to be used primarily by tractor-trailer combinations shall be designed using wheel path templates for the geometric design. The material to be used in the approach area shall be approved by the Engineer TURNING RESTRICTIONS AND LOT TURN LANES. Turning restrictions and lot turn lanes may be required where turning vehicles may affect the roadway capacity DRIVEWAY DESIGN. Every driveway design must allow an entering vehicle a minimum turning speed of fifteen miles per hour to help reduce possible interference with through street traffic ON-SITE STORAGE FOR VEHICLES. In all non-residential zoning districts there must be sufficient on-site storage to accommodate at least three queued vehicles waiting to park or exit without using any portion of the street right of way or planned thoroughfare right of way, whichever is less, or in any other way interfering with street traffic. 5

6 PROVISIONS FOR CIRCULATION BETWEEN PARCELS. Provisions for circulation between adjacent parcels shall be provided, whenever conditions permit, through coordinated or joint parking systems or other methods ACCESS TO PROPERTY ABUTTING SIDE STREET. Where a property abuts an existing side street, access to that property shall be from the side street and not from the higher classified street. However, this requirement may be varied by action of the Service Committee of Council REVISION OF SPACING REQUIREMENTS AND ACCESS CHARACTERISTICS. The Engineer may require a traffic impact study to determine whether the type of use or activity proposed would have an adverse effect on safety and the capacity of the adjacent roadway. If the Engineer determines that there is an adverse impact, the spacing requirements and characteristics of the access may be revised in order to adequately address traffic movement problems or concerns. 6

7 PART TWELVE - PLANNING AND ZONING CODE TITLE TWO - Access Code CHAPTER 1216 Restrictions and Guidelines Spacing guidelines. Placement of major access points; distance between centerlines of offset public street intersections. Drive or approach angles. Sight distance criteria. CROSS REFERENCES Cost of improvement of intersections - see Ohio R.C Intersection defined - see Ohio R.C (KK) Limited access highways - see Ohio R.C Curbs and gutters in developments - see P. & Z Intersections in developments - see P. & Z Driveways in developments - see P. & Z SPACING GUIDELINES. Spacing guidelines are as follows: (a) Signalized intersections shall be spaced to the satisfaction of the Engineer, but in no case closer than 1/4 mile. (b) Unsignalized public street access points shall be spaced to the satisfaction of the Engineer. (c) One public street access point per existing parcel will be permitted. Where frontage is greater than 500 feet an additional access point may be permitted. (d) Minimum spacing of 100 feet is required between adjacent private drives and between a private drive and a public street access point, except in platted residential subdivisions where the approved plat shall control, or on arterials, where the Access Plan shall control. (e) Access to adjacent properties may be provided for by a common driveway as directed and/or approved by the Engineer PLACEMENT OF MAJOR ACCESS POINTS; DISTANCE BETWEEN CENTERLINES OF OFFSET PUBLIC STREET INTERSECTIONS. Major access points on opposite sides of the roadway shall be aligned with each other. The distance between the centerlines of offset public street intersections may be a minimum of 150 feet, but shall be ultimately spaced to the satisfaction of the City Engineer. 7

8 DRIVE OR APPROACH ANGLES. The angle of any drive or approach shall be ninety degrees unless otherwise approved by the Engineer. However, an angle of less than seventy-five degrees shall not be approved SIGHT DISTANCE CRITERIA. Safe sight distances for passenger cars exiting from driveways onto any road shall be to the satisfaction of the Engineer. Safe sight distances for passenger cars entering driveways by left turns shall be to the satisfaction of the City Engineer. 8

9 PART TWELVE - PLANNING AND ZONING CODE TITLE FOUR - Thoroughfare Plan CHAPTER 1232 Designated Thoroughfares and Setbacks Application of chapter. Building setback lines. Minimum street widths, minimum rights-of-way, parking restrictions and speed limits. Private driveways. CROSS REFERENCES Improvement of roadways - see P. & Z Centerlines of intersections - see P. & Z Incorporation of the Thoroughfare Plan into the Development Regulations - see P. & Z Streets in developments - see P. & Z , et seq., APPLICATION OF CHAPTER. All roads, streets and highways in the City shall be classified under the most recently adopted Comprehensive Thoroughfare Plan as minor arterial, major collector, minor collector or local road, with such setback, width, right-of-way, parking and speed limit requirements as are set forth in this chapter BUILDING SETBACK LINES. Building setback lines along all roads, streets and highways in the City shall be in accordance with the right-of-way widths as set forth in this chapter, unless a reduced setback is permitted by action of Council or the BZA MINIMUM STREET WIDTHS, MINIMUM RIGHTS-OF-WAY, PARKING RESTRICTIONS AND SPEED LIMITS. The minimum street widths, minimum rights-of-way, parking restrictions and prima facie speed limits for the road, street and highway classifications set forth in the most recently adopted Comprehensive Thoroughfare Plan shall be as provided in the table below, unless otherwise provided for in this chapter or elsewhere in the Zoning Code. These are set as goals for the respective streets, and changes to the current limits and restrictions will be adopted by separate ordinance(s) for individual streets as practical. The minimum street widths, minimum rights-of-way, parking restrictions and prima facie speed limits for the street classifications shall be as follows: 9

10 MM. Pavement Width Min. R-O-W On-Street Speed Limit Classification (ft.) (ft.) Parking (mph) Major Arterial 48 E/P to E/P 100 No Minor Arterial 48 E/P to E/P 100 No Collector Major 36 E/P to E/P 80 No 35 Minor 24 E/P to E/P 60 One side only 25 Local 24 E/P to E/P 50 Yes 25 E/P = Edge of Pavement STREETS. (a) Single Family Residential. Public streets shall be required and accepted by the City for all single family residential developments. Public streets shall stub into adjacent parcels to correspond with the City of Pickerington Access Management Plan and to parcels with future development potential. (b) Residential. Streets in multi-family developments shall be built to the following standards: (1) The minimum street width shall be 24 feet. (2) The street right-of-way width requirements can be varied based on individual developments and utility requirements. (3) Curb (18 inch) and gutters shall be required along all streets and private driveways serving more than one unit. (4) Streets serving four or fewer units or alleys parallel to a public street can be private driveways with a minimum width of 16 feet. (5) Parking lots and/or loading areas in multi-family residential development are not required to meet City construction standards unless required by City staff. (6) Streets shall stub into adjacent parcels as required to correspond with the City of Pickerington Access Management Plan or parcels that have future development potential. (c) Commercial/Industrial. The City has the authority to determine if driveways to commercial and industrial developments shall be streets or commercial driveways based on the City of Pickerington Access Management Plan and projected traffic capacity. Also, the City has the authority to determine types of curbs within each development. (d) The Engineer may increase or decrease the widths provided under this section when such widths are not appropriate for a specific situation. 10

11 PRIVATE DRIVEWAYS. Private driveways shall be permitted within multi-family developments as a secondary access to areas that have four units or fewer or alleys parallel to a public street. Private driveways accessing more than one house are not permitted in single-family residential developments v1 11

12 CHAPTER 1250 General Provisions and Definitions EDITOR'S NOTE: Ordinance 93-50, passed September 7, 1993, adopted a Comprehensive Plan for the City. Ordinance , passed March 6, 2001, adopted amendments to the Plan. Copies of such ordinances, the Plan and all amendments thereof may be obtained, at cost, from the City Manager Short title Administration Jurisdiction Relation to other laws Modification of regulations for planned development; plat approval required Incorporation of Access Code, Thoroughfare Plan, and Zoning Code Separability Definitions SHORT TITLE. These regulations shall be known and may be cited and referred to as the "Subdivision and Platting Regulations of Pickerington, Ohio," or just the "Platting Regulations," and shall hereinafter be referred to as these regulations ADMINISTRATION. These regulations shall be administered by the Development Services Director JURISDICTION. These regulations shall be applicable to all subdivisions and developments of land within the incorporated limits of the Municipality RELATION TO OTHER LAWS. The provisions of these regulations shall supplement any and all laws of the State, ordinances of the Municipality and rules and regulations promulgated under authority of such laws or ordinances relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, 12

13 regulations, ordinances or resolutions, the more restrictive or that imposing the higher standard shall govern, except as provided in Section MODIFICATION OF REGULATIONS FOR PLANNED DEVELOPMENT; PLAT APPROVAL REQUIRED. The planned development approach to development is encouraged. These regulations may be modified by the degree necessary to accomplish the objectives and standards required for the planned development of residential, commercial or industrial subdivisions, or a mixture thereof, in accordance with the Zoning Code. Nothing within this section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in Chapter INCORPORATION OF ACCESS CODE, THOROUGHFARE PLAN, AND ZONING CODE. The most recent version of the Access Code, the Thoroughfare Plan and the Zoning Code of the Municipality are separate documents incorporated herein by reference as if they were a part hereof SEPARABILITY. If, for any reason, any clause, sentence, paragraph, section or part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so held to be invalid DEFINITIONS. The definitions for these regulations are found in the Zoning Code. 13

14 CHAPTER 1252 Administration, Enforcement and Penalty Plat approval required prior to recording Revision of plat after approval Sale of land within subdivisions Schedule of fees, charges and expenses Cost of inspection, reviews and engineering services Enforcement officer Responsibility of owners Right of entry Compliance required; violations; injunction Stop work orders Civil penalty for transfer before recording Civil penalty for transfer before compliance Variances Penalty PLAT APPROVAL REQUIRED PRIOR TO RECORDING. No plat of any subdivision shall be recorded by the County Recorder (of the appropriate county) or have any validity until such plat has received final approval in the manner prescribed in these regulations REVISION OF PLAT AFTER APPROVAL. No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning and Zoning Commission, and endorsed in writing on the plat, unless such plat is first resubmitted to the Commission. 14

15 SALE OF LAND WITHIN SUBDIVISIONS. No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations SCHEDULE OF FEES, CHARGES AND EXPENSES. Council shall establish a schedule of fees, charges and expenses and a collection procedure for the same and other matters pertaining to these regulations. The schedule of fees shall be posted in the office of the Clerk and may be altered or amended only by Council or by an administrative order. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal COST OF INSPECTION, REVIEWS AND ENGINEERING SERVICES. Subdividers are responsible for, and shall pay to the Municipality in advance, all costs for engineering plan reviews. The estimated cost shall be calculated using the engineering fees Administrative Order. This Administrative Order will be reviewed and/or revised and approved by the Service Committee of Council each year by April 30. All such fees shall be deposited and paid to the Engineer upon receipt of a duplicate billing. The Engineer shall make a courtesy billing to the subdivider. Inspections and field verifications will be invoiced to the developer by the City based on actual costs incurred, plus an allowable administrative fee. With the agreement of the Engineer, certain preliminary plan reviews may be paid for by deposit after the services are rendered. Future reviews and/or inspections shall be withheld until such fees are paid ENFORCEMENT OFFICER. These regulations shall be enforced by the Development Services Director RESPONSIBILITY OF OWNERS. The owner of premises subject to the provisions of these regulations shall be responsible for compliance with the standards set forth herein. The owner shall remain responsible regardless of the fact that certain responsibilities may also be placed on operators or agents and regardless of any agreement between the owner and anyone else as to who shall assume such responsibilities. The owner shall remain responsible for the elimination of any violation found on the premises, regardless of any agreement between the owner and others. 15

16 RIGHT OF ENTRY. Upon presentation of proper credentials, the Development Services Director or his or her duly authorized representative may enter, at reasonable times, any building, structure or premises to perform any duty imposed on him or her by these regulations. No person shall in any way obstruct, hinder, delay or otherwise interfere with the Development Services Director or his or her duly authorized representative in such an entrance COMPLIANCE REQUIRED; VIOLATIONS; INJUNCTION. No person shall fail to apply for a permit or clearance required under these regulations, to erect, construct, alter, repair or maintain any building or structure, or use any land in violation of these regulations, or fail to pay for an approved permit or certificate issued under these regulations. In the event of any such violation, or imminent threat thereof, the Municipality, or the owner, of any contiguous or neighboring property who would be damaged by such a violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation STOP WORK ORDERS. (a) Whenever any work is being done contrary to the provisions of these Codified Ordinances, the Development Services Director or the City Engineer may order the work stopped by posting at the work site a printed notice to "Stop Work," signed by the Development Services Director or the City Engineer, or by serving a notice in writing to any person engaged in doing such work or causing such work to be done. Such persons shall immediately stop such work until authorized by the Development Services Director or the City Engineer to proceed with the work. (b) Any person affected by an order of the Development Services Director or the City Engineer to stop work may appeal to the Board of Zoning Appeals CIVIL PENALTY FOR TRANSFER BEFORE RECORDING. Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed of transfer shall not serve to exempt the seller from the forfeiture provided in this section. If such land is within a municipal corporation, such sum may be recovered in a civil action brought in the Court of Common Pleas of the appropriate county by the legal representative of the Municipality in the name of the Municipality. 16

17 CIVIL PENALTY FOR TRANSFER BEFORE COMPLIANCE. Any person who disposes of, or offers for sale or for lease for any time exceeding five years, any lot or any part of a lot in a subdivision before the provisions of these regulations are complied with, shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot sold, offered for sale or leased, to be recovered with costs in a civil action in the name of the Municipality for the use of the Municipality VARIANCES. (a) All variances involving structure size, lot size, street width and/or commonly owned adjacent land, shall be referred to the Board of Zoning Appeals in accordance with Chapter 1272 of the Zoning Code. (b) A request for a variance equal to or less than five percent of one of the remaining required standards of these regulations may qualify for an administrative variance procedure. An affirmative finding of extraordinary and unnecessary hardship must be made for granting of all such variances. (c) Where the City Manager, Development Services Director, or the Engineer finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, exceptions may be granted to relieve such hardship, provided that such relief may be granted without detriment to the public interest and without impairment to the intent and purpose of the regulations or the desirable development of the neighborhood and the community. Such variances shall not have the effect of nullifying the intent and purpose of these regulations or the Zoning ordinance. (d) The City Manager, Development Services Director, or the Engineer shall write the administrative variance, shall find that extraordinary and unnecessary hardship may result from strict compliance with these regulations and shall document the hardship. A copy of the administrative variance shall be furnished to the Service Committee of Council. Adjacent property owners will be notified in advance of the variance proposed and at least ten days in advance of any meeting wherein a decision will be made. Any response to such notice indicating opposition shall cause the variance request to be submitted to the Board of Zoning Appeals as a standard variance request in accordance with Chapter 1252 of the Zoning Code PENALTY. (a) Criminal Penalties. (1) Whoever violates or fails to comply with any provision of these regulations, or a valid order issued pursuant thereto, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate and complete offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. 17

18 (2) Regardless of the penalty otherwise provided in this section, an organization convicted of a violation of or noncompliance with these regulations, or with any rule or regulation adopted by the Development Services Director or the Planning and Zoning Commission pursuant to authority granted by these regulations, is guilty of a misdemeanor of the third degree and shall be fined not more than three thousand dollars ($3,000). (b) Civil Penalties. The violation of, or failure to comply with, any of the provisions of these regulations is hereby declared to be unlawful and, in addition to any other remedy, is subject to the following civil penalty: (1) Any person who violates or fails to comply with any of the provisions of these regulations, or a valid order issued pursuant thereto, or fails to bring property into compliance with these regulations following the issuance of an order by the Development Services Director, shall be subject to a penalty as provided in the fee schedule established pursuant to Section The penalty provided herein shall be calculated for each violation from the day set forth in the notice of violation when compliance should have been effected, and will run until the violation has been removed. (2) On the date established for compliance, the Development Services Director shall reinspect the property to determine whether each violation contained in the notice of violation has been removed. If the Development Services Director is unable to reinspect the property on the compliance date set forth in such notice, then the person served with the notice may serve upon the Development Services Director an affidavit setting forth the facts showing compliance with the notice, and such affidavit shall serve as notice of compliance, unless, upon inspection by the Development Services Director, it is found that any or all of the violations set forth in the notice of violation remain uncorrected. If the violation or violations are found to be uncorrected, the affidavit shall be of no effect and the penalty provided herein shall be assessed from the date when compliance should have been effected. 18

19 Subdivision application process (Reserved) (Reserved) CHAPTER 1254 Platting Procedure Form and contents of preliminary plat Variable information to be furnished with preliminary plat Official filing date Rights-of-way Special public hearing Approval of preliminary plat Approval period Construction and utility plans Submission of final plat; utility plans; fees Form and contents of final plat Variable information to be furnished with final plat Filing of final plat Approval of final plat Acceptance by Council Transmittal of copies SUBDIVISION APPLICATION PROCESS. The subdivider shall follow the process found in Section of the Zoning Code in obtaining subdivision approval. A development plan for the entire property shall be submitted 19

20 not later than Step "A". The subdivider must be informed of appropriate details of all of the following prior to Step "D(1)": (a) Comprehensive Plan (b) Thoroughfare Plan (c) Access Code (d) Parks and Public Open Space Needs (e) Zoning Code (f) Storm Water (g) Waste Water (h) Water (RESERVED) (RESERVED) FORM AND CONTENTS OF PRELIMINARY PLAT. Not less than ten calendar days prior to the planning and zoning hearing, the subdivider shall submit a preliminary plat, the required fee and ten copies of all documents. The preliminary plat shall be of a standard scale of not less than one inch equals 100 feet. The plat shall contain the following information, which may, for clarity, be placed on more than one sheet: (a) The proposed name of the subdivision; (b) The location by section, range and township or other surveys; (c) The names, addresses and telephone numbers of the owner, subdivider and registered engineer or surveyor who prepared the plat; (d) A north point, scale and date; (e) The boundaries of the subdivision and its acreage; (f) The names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land and the location of their boundary lines; (g) The locations, widths and names of existing streets, railroad rights of way, easements, parks, permanent buildings and corporation and township lines; the location of wooded areas and other 20

21 significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet; (h) The zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any; (i) Existing contours at an interval of not greater than two feet if the slope of the ground is fifteen percent or less, and not greater than five feet where the slope is more than fifteen percent; (j) Existing sewers, water lines, culverts and other underground structures, and power transmission poles and lines, within and adjacent to the tract; (k) The location, names and widths of proposed streets, easements and rights of way; (1) Building setback lines with dimensions; (m) The location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system; (n) The layout, numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at ninety degree angles at the front line, the width at the building setback line shall be shown. (o) Parcels of land to be reserved for public use, to be reserved by covenant (refer to Section (a)(2) of the Zoning Code) for residents of the subdivision, or to be dedicated to the Municipality; and (p) A vicinity map at a scale of not less than 2,000 feet to the inch, which shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, roads and tract lines and the nearest existing thoroughfares. It shall also show the proposed connections between the roads in the proposed subdivision and those of the neighboring areas VARIABLE INFORMATION TO BE FURNISHED WITH PRELIMINARY PLAT. (a) The following items, as appropriate, shall be furnished with the preliminary plat: (1) A statement of the proposed use of lots, giving the type and number of dwelling units and type of business or industry; (2) The location and approximate dimensions of all existing buildings; (3) For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets and points of vehicular ingress and egress to the development; and/or 21

22 (4) A description of proposed covenants and restrictions, including those required by Section of the Zoning Code. (b) In a letter accompanying the preliminary plat, the subdivider shall state the type of sewage disposal he or she proposes to use. If other than the public system, it shall be accompanied by a letter from the County Health Department stating what type of sewage disposal will be approved for the soil and geological conditions present in the area of the proposed subdivision. (c) In a letter accompanying the preliminary plat, the subdivider shall fully address the retention, detention and disposal of ground and storm water, including, but not limited to, soils, geology, existing watercourses and ten-year flood levels OFFICIAL FILING DATE. The official filing date is the date of the submission of the plat under this chapter and the payment of the required fee RIGHTS-OF-WAY. Where the subject property is located along a thoroughfare so designated by the Municipal Thoroughfare Plan, it is the policy of the Municipality to request the dedication of the right of way necessary to complete future road expansion. If this dedication does not occur, thoroughfare setbacks will be applied as if the dedication had occurred and the following State Department of Transportation review may be required. For any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed, or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Planning and Zoning Commission may give notice, by registered or certified mail, to the State District Deputy Director. The Commission shall not approve the plat for 120 days from the date the notice is received by the Deputy Director. If the Deputy Director notifies the Commission that he or she shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the State District Deputy Director notifies the Commission that acquisition at this time is not in the public interest, or upon the expiration of the 120-day period or any extension thereof agreed upon by the Deputy Director and the property owner, the Commission shall, if the plat is in conformity with all provisions of these regulations, approve the plat with setbacks in conformity with the Thoroughfare Plan SPECIAL PUBLIC HEARING. The Planning and Zoning Commission, on its own initiative or upon petition by a citizen of the Municipality or by a neighboring property owner, may, prior to acting on a preliminary plat of a subdivision, under Section of the Zoning Code, Step "C," hold a public hearing thereon at such time and upon such notice as the Commission may designate. 22

23 APPROVAL OF PRELIMINARY PLAT. The Planning and Zoning Commission may forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. After receipt of reports from such officials and agencies and payment of the fee listed in the fee schedule, the Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Commission shall act on the preliminary plat within forty-five days after filing, unless such time is extended by agreement with the subdivider. The Chairperson of the Commission shall sign the preliminary plat APPROVAL PERIOD. Preliminary plat approval allows a maximum of two years for submission of a final plat and shall not be affected by changes to these regulations or to related land use codes of the City. The City shall provide the developer with written notice of the expiration of the time for submission of a final plat at least 30 days prior to such expiration. After 24 months from the date of the approval of the preliminary plat, final plat submissions shall meet new Code requirements. An extension may also be granted by the Planning and Zoning Commission for an additional period of twelve months, effective from the date of expiration of the initial approval. The developer shall make application or written request prior to the expiration date of the preliminary plat CONSTRUCTION AND UTILITY PLANS. The subdivider, having received approval of the preliminary plat, shall submit the requisite number of copies of the proposed utility improvements along with the required storm and sanitary hydraulic calculations and exhibits to the Engineer in accordance with Engineering Department standards. Generally, the Engineer can be expected to require the extension of utility lines to one or more property lines of the subject site. The Engineer may approve or disapprove the plans. If approved, the Engineer shall require the original tracings. If disapproved, the subdivider shall make the necessary corrections and resubmit the plans to the Engineer SUBMISSION OF FINAL PLAT; UTILITY PLANS; FEES. The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision. Prior to submission of the final plat, the subdivider shall submit utility plans. Such utility plans must be approved by the City Engineer prior to approval of the final plat. The final plat shall have incorporated all changes in the preliminary plat required by the Planning and Zoning Commission. Otherwise, it shall conform substantially to the preliminary plat and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at that time. A filing fee shall be paid as required by the fee schedule. In addition to the filing fee, engineering review fees are assessed separately. Engineering review fees must be paid prior to review. 23

24 FORM AND CONTENTS OF FINAL PLAT. The final plat shall: (a) Be drawn in waterproof ink on mylar or other material of equal permanence; (b) Be drawn at a scale of not less than one inch equals 100 feet; (c) Be on one or more sheets, not more than thirty inches by forty inches in size, numbered appropriately; (d) Contain: (1) The name of the subdivision, the location by section, range and township or by other survey number, the date, a north point, a scale and acreage; (2) The name and address of the subdividers and of the registered surveyor who prepared the plat, and appropriate registration numbers and seals; (3) Plat boundaries, based on accurate traverse, with angular and linear dimensions. All dimensions, both linear and angular, shall be determined by an accurate control survey on the field which must balance and close within the limit of one in 10,000. (4) Bearings and distances to the nearest established street lines or other recognized permanent monuments; (5) Exact locations, rights of way and names of all streets within and adjoining the plat and building setback lines; (6) Radii, internal angles, points of curvature, tangent bearings, lengths of arcs and lengths and bearings of chords of all applicable streets within the plat area; (7) All easements and rights of way provided for public services, utilities or other public or private purposes; (8) All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown. (9) An accurate location and description of all monuments; (10) Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated. (11) A copy, file-stamped by the County Recorder's Office, of all restrictions and covenants the subdivider is including in the deeds to the lots in the subdivision; 24

25 (12) Certification by a registered surveyor to the effect that the plat represents a survey made by him or her and that the monuments shown thereon exist as located and that dimensional details are correct; (13) Notarized certification by the owner or owners of the adoption of the plat and of the dedication of streets and other public areas; (14) The location of and a description of all monuments and pins as specified herein; and (15) A signature block, to include approval spaces for the Director of Planning and Zoning, the Engineer and the City Manager, along with the required approvals of the appropriate County; and (e) Be accompanied by two prints or original drawings at the scale one inch equals 200 feet, with all information contained on the 1/100 plat. There is no overall size requirement for this 1/200 copy VARIABLE INFORMATION TO BE FURNISHED WITH FINAL PLAT. The following items, as appropriate, shall be furnished with the final plat at such time as is deemed appropriate by the City Manager or the Engineer: (a) If a zoning change is involved, certification from the Development Services Director shall be required indicating that the change has been approved and is in effect. (b) Certification shall be required showing that a surety has been furnished assuring approved installation and initial maintenance of the required improvements. (c) If a neighborhood association or similar organization is to be responsible for the maintenance of open space, roadways, retention/detention ponds, or other common area features, a copy of such association's by-laws, together with proof of incorporation with the Ohio Secretary of State, shall be furnished. Such by-laws shall provide that the association shall maintain an escrow account, funded by an initial deposit upon purchase of a lot/home equal to one year's dues, in order to meet its obligations for the common area features, should the association cease to exist. In order to have a manageable association, no such association shall usually contain more than 350 homes. The final size shall be determined by the Director of Planning and Zoning. Each such association shall be required to have a professional management company run the day-to-day operations of the association, with the association's Board of Trustees and officers to guide such management FILING OF FINAL PLAT. The subdivider shall file the plat with the Engineer at least ten calendar days prior to the next regularly scheduled meeting of the Planning and Zoning Commission. An application for approval of the final plat, along with ten copies of the plat and any supplementary information specified, shall be included in this submission. 25

26 The Engineer shall check the plat for technical details and substantial compliance with the preliminary plat approval. If the final plat conforms as required, the Engineer shall return the plat to the Commission stating that it does conform and that the improvement plans may be approved APPROVAL OF FINAL PLAT. The Planning and Zoning Commission shall approve or disapprove the final plat within fortyfive days of the regularly scheduled meeting at which the final plat was introduced. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the record of the Commission and a copy of such record shall be forwarded to the subdivider ACCEPTANCE BY COUNCIL. After the Planning and Zoning Commission has approved the final plat, the plat shall be transmitted to the proper committee of Council and then to Council, together with all certificates and endorsements herein required. Legislation to accept the plat shall be introduced at the next regular Council meeting, in accordance with Section (a) of these Codified Ordinances. Approval of the plat by Council shall be deemed to constitute acceptance of the public way or space or the right-of-way dedication shown on the plat. Failure of Council to act within ninety days, unless an extension of time is agreed to by the subdivider and the City, shall constitute approval of the plat. The acceptance of a plat by Council shall not, however, be deemed a guarantee by the City that utility services are or will be available to serve the platted lots and/or that building permits will be made available for the platted lots TRANSMITTAL OF COPIES. When the final plat has been approved by the Planning and Zoning Commission, the Engineer and Council, the original tracings of the plat shall be returned to the subdivider for filing with the appropriate County Recorder. The developer shall furnish the Municipality with two copies of the recorded plat. Final plats shall be filed not later than thirty days following the date of the final official signature on the original tracing. Failure to file the plat in the required time constitutes a violation of these regulations. 26

27 CHAPTER 1256 Design Standards Streets Residential Blocks Lots Elevation of openings into buildings in flood areas Effect of preliminary plat approval HUD review STREETS. The arrangement, character and location of all streets shall be considered in their relation to public convenience and safety. The street pattern shall discourage through traffic on local and collector streets in the interior of a subdivision. Permanent dead-end streets shall not be permitted. Temporary dead-end streets (stub streets) shall be permitted only if a temporary turn-around is provided. Dedication of new half-streets shall not be permitted. Street names shall be reviewed by the Fire Chief, the Police Chief and the Engineer, any of whom may reject or modify such names RESIDENTIAL BLOCKS. Blocks shall be arranged to accommodate lots and building sites of the size and character required for the district by these regulations and by the Zoning Code. No block shall be longer than 1,500 feet and the block width should accommodate two tiers of lots. Inward facing lots along an arterial road will be one tier deep. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be permitted if the maintenance of interior public spaces is covered by an approved agreement. 27

28 LOTS. (a) Lot size requirements are specified in Sections and Minimum width is as measured at the front lot line, except that on a cul-de-sac or curved street, the lot width at the front lot line shall be no less than: (1) One hundred feet in R1 Districts; (2) Eighty feet in R2 Districts; (3) Sixty feet in R3 and R4 Districts; (4) Fifty feet in R6 Districts; or (5) Forty feet in R10 Districts. (b) The lot width measured at the building line shall be not less than as required for the pertinent district. (c) Lot width at cul-de-sacs or curved streets shall be measured on a straight line from the foremost point of one side property line to the foremost point of the opposite side property line ELEVATION OF OPENINGS INTO BUILDINGS IN FLOOD AREAS. In all areas where drainage flooding or groundwater flooding is deemed to be a potential problem by the Engineer, and where more stringent regulations are not required by Chapter 1466 of these Codified Ordinances, buildings near drainage ditches, swales, runs or natural watercourses shall be constructed so that every opening into the structure is not less than one and one-half feet above the average elevation of the bank of the watercourse, if any. If the watercourse has no bank, the Engineer may determine an appropriate height for such openings EFFECT OF PRELIMINARY PLAT APPROVAL. (a) A preliminary plat may be the basis for a final plat submission at any time during 24 months after preliminary plat approval, subsequent lot size or other Zoning Code changes notwithstanding. (b) After 24 months from the date of the approval of the preliminary plat, final plat submissions shall meet the new Code requirements, if any. An extension may be granted by the Planning and Zoning Commission. 28

29 HUD REVIEW. Entire subdivisions may be eligible for Federal Housing Administration (FHA) approval under the U.S. Department of Housing and Urban Development (HUD) Local Area Certification (LAC) program. At any time in the preliminary or final subdivision review process, the subdivider may, at his or her option, delay the application up to six months for the purpose of obtaining HUD/FHA Clearinghouse review and comment. 29

30 CHAPTER 1258 Construction Standards Guarantee for installation of improvements Completion of infrastructure Construction procedure and materials Monuments, markers and pins Street improvement standards Additional street improvements Minimum pavement widths Street grades Street curbs and gutters Rainwater drainage Curvature of streets Intersections Sidewalks Driveways Street trees; Urban Forestry Fund Street and traffic control signs Street lights required Residential street lighting required Water supply improvements Fire protection Sanitary sewer improvements. 30

31 Drainage Improvements City maintained detention basins Electric, gas and telephone improvements Oversize and off-site improvements Easements Perimeter mounding and fencing; trees Construction plans Inspections Time for construction of improvements Acceptance by the Municipality Warranty of improvements GUARANTEE FOR INSTALLATION OF IMPROVEMENTS. All improvements required herein shall be constructed prior to acceptance by the City. The subdivider shall furnish a surety for the amount of the estimated construction cost of the improvements. The surety shall be in the form acceptable to the Law Director and Finance Director. A surety is required prior to the initiation of construction for the full cost of constructing any improvements within existing public property, easements or rights of way. Onsite improvements which will be dedicated to public use shall require a surety for the full cost of completing said improvements. The developer shall also provide funds in the form required by the Law Director and Finance Director, to cover the costs of generating as built drawings, to the satisfaction of the Engineer. The Engineer should determine the necessary amount for each project and shall promptly return all of the funds upon submission of satisfactory as build drawings COMPLETION OF INFRASTRUCTURE. All improvements required herein and designated for dedication as public infrastructure and/or designated as "Essential Elements" by the Engineer shall be completed prior to the completion and occupancy of buildings or structures for sale or lease, in accordance with the following rules for types of construction: In the case of residential buildings or structures (one-family units only), improvements, including, but not limited to, water, sewer, storm sewer, retention/detention areas, streets and curbs, shall be completed for each phase of a development prior to the construction of any homes 31

32 for sale or lease, except that up to two model homes may be constructed such that they may be occupied at the time the public improvements are complete and accepted by the Engineer CONSTRUCTION PROCEDURE AND MATERIALS. The subdivider shall design and construct improvements according to standards that are not less than those set forth in these regulations. The work shall be completed within the time fixed or agreed upon by the Engineer. The minimum requirements for materials shall be in accordance with the standards of the current volume of "Construction and Material Specifications of the City of Columbus" or the current volume of the Ohio Department of Transportation Specifications and the requirements of the Ohio Department of Health. The City Engineer shall resolve all conflicts with specification requirements. Certain locations may require the standards of Fairfield County to be met. All inspection costs shall be paid for by the subdivider MONUMENTS, MARKERS AND PINS. Permanent concrete monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision, at the intersections of those boundary lines with all proposed street lines, at the beginning and end of all curves, at points on curves where the radius or direction changes and at such other points as are necessary to establish definitely all lines of the plat, including all lot corners. Stone or concrete monuments shall be at least thirty-six inches long and at least six inches in diameter and shall be provided with an appropriate center point. Solid iron pins or iron pipe monuments at least one inch in diameter and at least thirty inches long may be used at all other points STREET IMPROVEMENT STANDARDS. The arrangement, character, extent, width, grade, construction and location of all streets shall conform to the Thoroughfare Plan, the Access Code, the Zoning Code and these Development Regulations of the Municipality ADDITIONAL STREET IMPROVEMENTS. The reservation, dedication, improvement and/or construction of part or all of any street, intersection, alley or perimeter street, including traffic control signs and devices, may be required to minimize future hardship or expense to the public or abutting property owners. Funds in lieu of improvements may be considered or required. The developer shall submit a traffic study showing the impact on traffic created by the proposed development. The City Engineer shall review such traffic study to verify its validity, and make recommendations for road improvements that may be required as a result of, or to accommodate, the proposed development. The Engineer shall further estimate the cost of such improvements. Such estimate shall be used in determining the amount the developer must pay in lieu of construction of the required improvements. 32

33 MINIMUM PAVEMENT WIDTHS. Minimum pavement widths, edge to edge of pavement, not including curb and gutter, installed at the subdivider's expense, shall be as follows: Type of Street Minimum Width (ft.) Major arterial 48 Minor arterial 48 Collector major 36 Collector minor 24 Local street 24 Cul-de-sac streets in standard subdivisions shall not exceed 600 feet in length. The pavement of the turning circle on a cul-de-sac shall have a minimum outside diameter, at the edge of the pavement, of eighty feet. Street type shall be designated by the Engineer in cooperation with the City Manager. The Engineer may increase or decrease pavement widths when these minimum widths are not appropriate for a specific situation STREET GRADES. The grades of streets shall not exceed the following, except where unusual or exceptional conditions exist and are approved by the Engineer: Street or Way Grade (%) Local streets 4 Collector streets 4 The minimum grade of any street shall be six-tenths of one percent. Where required by the Engineer, all changes in street grades shall be connected with a vertical curve in accordance with current design standards STREET CURBS AND GUTTERS. Unless otherwise agreed upon by action of the Service Committee of Council, street curbs and gutters with underground storm sewers shall be required for all development. 33

34 RAINWATER DRAINAGE. On streets with curbs or where curbs are to be installed, all newly constructed buildings shall have underground tile or plastic pipe connected to all downspouts and sump pumps terminating through the street curb at the street side of the curb for the purpose of discharging rainwater into the street gutter. Where feasible, such underground tile or pipe shall be connected directly to a storm sewer CURVATURE OF STREETS. Horizontal curves shall meet current design standards INTERSECTIONS. Street curb intersections shall be rounded by radii of at least twenty feet on local streets and thirty feet on arterial streets. Streets should be laid out to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle of less than seventy-five degrees. Intersection jogs of less than 150 feet shall be avoided whenever possible. (Refer to the Access Code.) SIDEWALKS. (a) Residential Developments. (1) Sidewalks shall be four feet in width and shall be required on both sides of the street in all residential subdivisions. A. Eight-foot sidewalks shall be required when the sidewalk would connect with a planned or future bike path/pedestrian path at the discretion of the Development Services Director or the Director's designee. B. The sidewalks shall be in compliance with ADA requirements and other City, State and/or Federal requirements. C. A waiver of the above residential sidewalk standards would need to be approved by the Development Services Director or the Director's designee. Such decision may be appealed to the Planning and Zoning Commission. (b) Commercial Developments. (1) Sidewalks shall be located adjacent to all public roads along all commercial and industrial developments in areas that are practical, safe and efficient for pedestrians. 34

35 A. Sidewalks shall be four feet in width, constructed of concrete and located within the right-ofway. Utility boxes shall be located outside the sidewalk. Six-foot sidewalks shall be required when the sidewalk would connect with a planned or future bike path/pedestrian path at the discretion of the Development Services Director or the Director's designee. B. A connector sidewalk between commercial uses, out lots, etc., and the public sidewalk system shall be required. C. The sidewalks shall be in compliance with ADA requirements and other City, State and/or Federal requirements. D. Sidewalks should not be placed adjacent to non-curbed streets where the speed limit is 35 mph or higher. E. A waiver of the above commercial sidewalk standards must be approved by the Development Services Director or the Director's designee. Such decision may be appealed to the Planning and Zoning Commission. (2) Sidewalks within private developments shall be located in areas that are practical, safe and efficient for pedestrians. A. Sidewalks located outside the right-of-way shall be constructed of natural material, such as concrete, brick, stone, or other material and specifications as approved by the Development Services Director or the Director's designee DRIVEWAYS. Driveways shall have a maximum grade of eight percent. Driveways and curb cuts shall be located not less than three feet from the side lot line. Curb cuts for straight curbs and the flare for rolled curbs shall be three feet wider than the driveway pavement on each side. Driveways within subdivisions shall have an impervious, hard surface of concrete, asphalt concrete or similar material. Driveways serving garages of 200 square feet or less shall have a minimum width of ten feet. Driveways serving garages of more than 200 square feet shall have a minimum width of eighteen feet. Reduction in width of exceptionally long driveways which extend beyond the required building setback line may be approved by the Engineer in consultation with the City Manager STREET TREES; URBAN FORESTRY FUND. (a) Trees shall be provided by the subdivider in all approved subdivisions or sections of subdivisions where curbs, gutters and sidewalks are required in accordance with standards and specifications of these Codified Ordinances. The trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities, street lighting or visibility at street intersections. Such trees shall have a minimum two and one-half inch caliper and shall be planted at each forty-foot interval of street frontage in new subdivisions, 35

36 and shall be located between the curb and sidewalk or at other suitable locations as approved by the Engineer. The area between the curb and sidewalk shall be large enough to maximize the survivability of streets trees, to the satisfaction of the Engineer. To this end, tees shall be planted in such a way to encourage the downward growth of the root system in suitable soil. Existing trees should be retained in new subdivisions wherever possible. (See Chapter 1026 of these Codified Ordinances.) (b) Upon application for a building permit for construction of a new building or structure on any lot in any single-family residential zoning classification, the subdivider, owner or builder of such building or structure shall pay an urban forestry fee to the City's Urban Forestry Fund in the amount of four hundred dollars ($400.00) per lot. Subdivisions or sections of subdivisions approved prior to January 1, 2001, and subject to subsection (a) hereof, shall be subject to the fee in this subsection (b) if they have not planted the necessary trees required by subsection (a) hereof by January 1, Upon payment of the fee, the Parks and Recreation Director or the City Arborist shall thereafter cause all required street trees to be purchased and planted and the City shall assume full responsibility for the care, maintenance or replacement of such trees. The urban forestry fee shall increase by three percent annually on the first day of January. (c) All subdividers or developers of any other zoning classification, except single-family residential, shall plant street trees and landscaping as otherwise required by these Codified Ordinances. (d) There is hereby created an Urban Forestry Fund to receive the urban forestry fee provided for in this section. Such Fund shall be used to plant street trees as provided in this section. Also see Chapter 1266 Preservation of Trees and Wooded Areas STREET AND TRAFFIC CONTROL SIGNS. The developer shall provide and install all necessary traffic control devices per all applicable standards prior to the acceptance of the street STREET LIGHTS REQUIRED. All subdivisions shall be subject to the following requirements for street lights: (a) Subdividers shall provide for and arrange for the installation of electric street lights within every subdivision, one at each intersection, with all electric service to such lights located underground. (b) A site plan for street lights shall be furnished to the City for technical review and shall receive the approval of the Service Director. The City will pay the utility company for the electricity for such intersection lights per the current rate established by the utility company: 36

37 RESIDENTIAL STREET LIGHTING REQUIRED. All new subdivisions shall be subject to the following requirements for residential street lighting: (a) Subdividers shall provide for or shall by deed restriction or other means require builders to provide for permanently installed front yard pole-type lights in accordance with the following: (1) All such lights shall be in accordance with Pickerington approved standards. (2) There shall be one light per lot, single-family dwelling unit, or 125 linear feet of frontage, whichever measurement results in more lights. (3) All such lights shall be controlled by a photo-electric switch and shall not be switchable from inside the residence except from the circuit panel. (4) The electricity for all such lights shall be furnished from the property on which the light is located. (b) Subdividers shall provide for deed restrictions which require the continued maintenance, lighting and periodic replacement of worn out fixtures WATER SUPPLY IMPROVEMENTS. The subdivider will be required to extend existing water mains and provide a complete loop-type water distribution system adequate to serve the development, including a connection for each lot and appropriately spaced fire hydrants. In cases of individually owned units in a multi-family residential development, the developer shall install a separate water meter and shut- off valve for each living unit. Off-site water line extensions may be required to complete loops or to ensure adequate water pressure. Such off-side construction may have reimbursement rates associated with it. If approved by the Service Committee of Council, such rates will be set by Administrative Order on a line by line basis. The size of the water line required for improvements shall be determined by appropriate hydraulic calculations with the minimum size permitted being an eight-inch diameter water line. The system shall be designed to meet minimum hydrant flow requirements based on anticipated usage and zoning to the satisfaction of the Engineer; in no case shall the flows be less than 500 gpm. The subdivider shall extend public water lines to the property line of the development, as required by the Engineer, to provide for future extension of such lines FIRE PROTECTION. Fire hydrants shall be provided by the subdivider in all subdivisions with public water supplies in accordance with City standards and in consultation with the Fire Chief. The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be spaced a maximum distance of 400 feet apart and shall be located so as to provide complete fire protection for the development. 37

38 The location of hydrants shall be recommended by the Fire Chief. The minimum size of any water line serving any hydrant shall be six inches in diameter. The size and location of water lines shall be approved by the Engineer SANITARY SEWER IMPROVEMENTS. Public sanitary sewers shall be installed to adequately serve all locations, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the Ohio Environmental Protection Agency and the standards of the Municipality. Every manhole or riser which is open in any way or reaches the surface shall be installed with an approved water infiltration barrier collar. Off-site sanitary sewer extensions may be required to complete a safe drainage system. Such off-site construction may have reimbursement rates associated with it. If approved by the Service Committee of Council, such rates will be set by Administrative Order on a line by line basis. Combinations of sanitary sewers and storm sewers are prohibited. Hydraulic calculations and a tributary area map shall be submitted along with the construction plans. The subdivider shall extend the public sewer lines to the property line of the development as required by the Engineer. (See Chapters 1046, 1054 and 1056 of these Codified Ordinances.) DRAINAGE IMPROVEMENTS. The subdivider shall construct all necessary facilities, including, but not limited to, underground pipe, inlets, catch basins, detention/retention facilities or open drainage ditches, to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. The permanent use of open drainage ditches is discouraged. Such ditches will be approved by the Engineer only in extreme situations or for temporary use. These utilities shall be designed and sized to serve nearby land and natural drainage areas. Soils and geologic strata in the Municipality are diverse. Sand and gravel, uncompacted peat, clay and well-drained shallow soil are all present. The subdivider is required to design drainage to handle the 100-year flood stage with a high degree of certainty. The specific downstream effect of storm run-off levels must be reviewed with the Engineer. The latest edition of the "Storm Water Design Manual of the City of Columbus" is hereby adopted and the policies, standards, specifications and provisions contained therein shall apply to the development of all subdivisions. Hydraulic calculations, tributary area maps and flood routing maps shall be submitted with the construction plans. Construction may not begin prior to the approval of such plans by the Engineer and the provision of a surety assuring approved installation and initial maintenance of the required improvements. The City Engineer shall determine the adequacy of the surety CITY MAINTAINED DETENTION BASINS. Storm water retention and detention basins are required by the City development and engineering standards. City policy encourages the perpetual ownership and maintenance of such facilities by property owners or by groups of property owners acting together in an association. Sometimes such ownership is not practical or cannot be accomplished. 38

39 In order to qualify for perpetual maintenance of a detention basin by the City, the property owner who is responsible for building the basin must build it as a non-flow-through type detention basin. Exhibit A, below, illustrates a typical profile of such a basin. In addition, the property owner must pay to the City a fee of three thousand five hundred dollars ($3,500) per acre or portion thereof, payable prior to the construction of the basin (measured from A to B on the Exhibit). There is a minimum fee of seven thousand dollars ($7,000). This fee shall be deposited by the Finance Director and interest only as needed shall be transferred to the Street Department budget to pay for the cost of an estimated eight mowings and one sewer jetting per year, as well as the cost of insurance and other incidental expenses. It is intended that such detention basins will provide passive park areas. They are to be relatively flat, generally dry when not flooded, and have durable and sufficient grass cover. The City Engineer is required to approve grasses, grading, slopes, installation of all drainage systems, and the adequate growth of all ground cover before accepting the project. A fee simple deed to the detention area shall be granted to the City at the time of acceptance of the project. When the City Engineer determines that it is necessary, the deed shall also provide a permanent access easement twenty feet in width. EXHIBIT A (Section ) utia-kr aer, las) sa PIA; Nolte, r -sn' ildeki.4/0 P. /0 4 WY/ ical ELECTRIC, GAS AND TELEPHONE IMPROVEMENTS. (a) Electric and telephone service shall be provided within each subdivision. Gas service and cable television may also be provided where they are reasonably accessible. The subdivider shall coordinate the location of such utilities with the respective utility companies. (b) Telephone, electric and street lighting wires, conduits and cables (electric and television) shall be constructed underground. (c) If the proposed utility crosses a roadway, the conduit shall be laid prior to the pavement construction, whenever possible. Otherwise, the utility companies shall notify the Engineer of 39

40 the proposed work and shall be responsible for obtaining current storm, sanitary and water line drawings for the area. The Engineer may permit open cut or may require tunneling on a case by case basis OVERSIZE AND OFF-SITE IMPROVEMENTS. The utilities, pavements and other land improvements required for the proposed subdivision shall be designed and sized to provide service to nearby land which is an integral part of the neighborhood service or drainage area as determined by the Engineer EASEMENTS. Public easements shall be provided where necessary for public utilities and storm drainage facilities PERIMETER MOUNDING AND FENCING; TREES. (a) Subdivisions located along minor arterial streets or major collector streets shall be provided with earthen mounding and split-rail fencing along such arterial streets. (b) Such mounding shall undulate from four feet to six feet in height; shall slope not more than one-to-three; shall have a crest of not less than three feet in width; and shall be planted with evergreen trees selected from the list of appropriate landscaping materials in Section (c) of this Code. Such trees shall be at least five feet in height and be planted in a staggered fashion spaced not more than fifteen feet apart. (c) The split-rail fencing (two rails) shall be erected using cut stone pillars as supporting posts, the design of which must be approved by the Development Services Director. (d) The split-rail fencing shall be located between the property line and the landscaped area in front of the mounding. (e) The area between the mounding and the property line shall be landscaped and planted with a variety of flowering trees such as Redbud, Dogwood, Crab or other species included in the list of approved trees, spaced a maximum of twenty feet apart. (f) The fencing and landscaping shall be replaced when their condition deteriorates as determined by the Development Services Director. The homeowners' association or owner of the development for the subject development is responsible to replace the fencing and landscaping CONSTRUCTION PLANS. (a) Construction plans for the following improvements shall be prepared by a professional engineer, registered in the State, and shall receive approval of the Engineer before improvements are installed. Construction plans shall include the following: 40

41 (1) A centerline profile of each proposed street showing proposed grades; (2) A plan of each proposed street showing the width of the pavement, the location and width of sidewalks, and the location and size of utility mains; (3) Plans and profiles of proposed sanitary sewers and storm water sewers showing grades and sizes; (4) A plan of the proposed water distribution system, showing pipe sizes and the location of valves, fire hydrants and water services; (5) A drainage plan showing all existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and underground structures within the tract and immediately adjacent thereto; and (6) Estimated quantities for the improvements. (b) An estimate of construction costs shall be submitted with the initial review. (c) Construction plans shall also conform to the following: (1) They shall be drawn in ink, on mylar or other reproducible media. (2) They shall be drawn at a scale not to exceed one inch equals sixty feet horizontal, and one inch equals ten feet vertical. (3) They shall contain the proposed name of the subdivision, a north point and a scale. Along with the construction plans, a grading plan shall be included showing the existing contours and proposed elevations INSPECTIONS. The Engineer shall be responsible for the inspection and workmanship for all improvements which will be dedicated to public use, unless such dedication will be to another public entity, in which case that entity may be responsible for such inspection TIME FOR CONSTRUCTION OF IMPROVEMENTS. All required improvements shall be constructed within two years of the acceptance of the final plat, subject to unforeseen delays or unless otherwise extended by order of Council. If the development is to be developed in phases, two years for each phase is allowed for completion of construction of required improvements. The City shall provide the developer with written notice of the expiration of the time for construction of improvements at least 30 days prior to such expiration. Such written notice, shall also inform the developer of its right to a hearing before the Planning and Zoning Commission to provide evidence supporting the existence of unforeseen delays. In the event the developer requests such hearing, no action shall be taken by the City 41

42 under this provision, until the Planning and Zoning Commission conducts a hearing and makes a determination as to the existence of any such unforeseen delays. If the developer fails to complete the construction of required improvements in accordance with this chapter, and unless unforeseen delays are found by the Planning and Zoning Commission, or unless the plat is otherwise extended by Council, the platting process shall begin anew for the uncompleted phases and previous approvals for such phases shall be null and void. In the event a plat does become null and void in accordance with the provisions set forth herein, the City shall cause a vacation plat, cross-referencing the original plat to be duly recorded with the County Recorder ACCEPTANCE BY THE MUNICIPALITY. Upon completion of all the improvements, a final inspection report shall be filed by the Engineer. If the Engineer states that the improvements were constructed in accordance with the specifications and that such improvements are in good repair, then, after the surety is in place, a letter will be issued notifying the developer of acceptance by the City WARRANTY OF IMPROVEMENTS. (a) For a period of two years from the date that a public improvement is accepted by the City, the subdivider shall make such repairs or replacements as may be required by the City or for the reasons of defective workmanship or material. The subdivider shall furnish the City with a surety in the form acceptable to the Law Director and Finance Director in the amount of 20% of the actual construction cost for such public improvement, including, but not limited to, streets, curbs and gutters, water and sewer, storm water facilities, sidewalks, and street lights. (b) If succeeding phases of an approved subdivision will be using an existing road for access, which road is the only entrance, an additional surety may be required to cover any damage to the pavement. The Engineer shall make an evaluation of the road prior to the start of construction activities. An evaluation may be made at the completion of each phase to determine damage. The City Engineer shall determine the adequacy of a surety. The Engineer may require a separate construction entrance for phased projects. 42

43 Basic standards Water lines Water services Fire hydrants Street composition Utility crossings BASIC STANDARDS. CHAPTER 1260 Construction and Material Specifications The latest edition of the "Construction and Material Specifications of the City of Columbus" (CMS) or the "Construction and Material Specifications of the State of Ohio Department of Transportation, " and the requirements of the Ohio Department of Health and the Fairfield County Sanitary Engineer (as applicable) and the Fairfield County Utility Requirements (as applicable), constitute the basic standards for public works construction in the Municipality WATER LINES. Ductile iron water pipe and fittings or PVC water pipe Class 150 or Class 200, meeting the AWWA C-900 Specification, shall be used for all public water mains unless otherwise approved by the Engineer. Backfill over the pipe shall be free of rocks, organic refuse and other objectionable material. If C-900 or other nonmetallic water pipe is used, tracer wire shall be wrapped around the pipes and metal detector tape shall be placed two feet above the pipe and shall follow the alignment of the pipe. The tape shall be a minimum of two inches in width, shall meet the approved color code and shall be permanently marked with the type of utility below A Replacement Water main shut-off valves shall be located between the curb and the sidewalk or six and one-half feet back of the curb. However, under no circumstances shall such valve be located in a driveway, access road or sidewalk WATER SERVICES. Fittings for service taps shall be approved compression-type joints. Service connections shall be made by tapping through a service band which provides a full 360 degree support against the pipe. The service band and the bolts shall be stainless steel. The required length of such bands 43

44 shall be determined by the Engineer. Water boxes should be located on the right-of-way line whenever possible. However, under no circumstances shall such water box be located in a driveway, access road or sidewalk. For multi-owner buildings (i.e. condominiums), one water service shall be required for each unit. For multi-tenant buildings (i.e. apartments), one water service shall be required for each building FIRE HYDRANTS. Fire hydrants shall comply with the most current standards of the City Engineer STREET COMPOSITION. Unless otherwise approved by the Engineer, the street surface course shall be asphaltic concrete or concrete, and the street base course shall be aggregate, bituminous aggregate, concrete or asphaltic concrete. The subgrade and each material course shall be inspected and accepted before the next succeeding course is placed. If required by the Engineer, testing of the subgrade shall be done by the developer UTILITY CROSSINGS. Utility construction shall be in accordance with current design and construction standards. This applies to utilities within the pavement and where two utilities cross each other. Design and installation shall attempt to maximize the available space within the right-of-way while maintaining minimum clearances between utilities. Any utility which crosses under a railroad right of way shall be constructed to the specifications of the railroad. Where such projects are developer built or funded, all fees to the railroad, including approval, permit, inspection and permanent right-of-way fees shall be paid by the developer. 44

45 Conditions for approval. CHAPTER 1262 Minor Subdivisions (Lot Splits) Required improvements; construction and material specifications Appeals CONDITIONS FOR APPROVAL. Approval may be granted by the Development Services Director for a minor subdivision without a record plat if all of the following conditions are met: (a) The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road. (b) Not more than five lots are involved after the original parcel (from the base year of 1972) has been completely subdivided. (c) The proposed use is not contrary to applicable subdivision or zoning regulations. (d) The property has been surveyed by a registered land surveyor and a sketch and legal description of the property are submitted with the application. (e) Plans for utility improvements, if any, have been approved by the Engineer REQUIRED IMPROVEMENTS; CONSTRUCTION AND MATERIAL SPECIFICATIONS. The improvements set forth in Chapter 1258 shall be required for minor subdivisions, and the construction and material specifications set forth in Chapter 1260 shall be applicable APPEALS. Any action of the Development Services Director or the Engineer in connection with minor subdivisions may be appealed to the Planning and Zoning Commission. 45

46 CHAPTER 1264 Commercial/Multi-Family Developments Procedure Requirements for improvements PROCEDURE. Chapter 1254 describes the procedure for Commercial/Multi-Family Developments REQUIREMENTS FOR IMPROVEMENTS. The requirements for the construction of improvements for subdivisions shall apply except as noted below: (a) Construction plans shall be approved by the Engineer for utilities within the public right of way or which will be dedicated to public use. (b) Street and various utility improvements shall apply only for areas within the public right of way or which will be dedicated to public use. (c) Consultation with the Fire Chief for private water line layout and fire hydrant locations; (d) Public works inspections by the Engineer are limited to areas within the right of way or construction that will be dedicated to public use; and (e) Acceptance by the Municipality will be granted only after the final inspection report and approval by the Engineer. 46

47 CHAPTER 1266 Preservation of Trees and Wooded Areas Purpose Definitions Requirements Tree replacement Enforcement PURPOSE. (a) The purpose of this chapter is to conserve and protect to the greatest extent possible the City's existing trees, wooded areas, and fence rows; to enhance and promote the community image; to enhance and preserve economic property values and the quality of life in the City; to aid in the alleviation of erosion, siltation, and other harmful effects of land disturbing activities; to aid in controlling the quantity and intensity of stormwater runoff; to alleviate air pollution and nonpoint source water pollution; to conserve energy; to protect and promote the use of existing vegetation as noise and visual buffers; to preserve the environmental and ecological benefit of trees on air pollution and carbon dioxide levels, as well as dust filtration; to reduce energy consumption through wind break and shade effects of trees when they are properly placed on a site; to preserve and enhance nesting areas for birds and other wildlife and to preserve movement corridors for wildlife; and to promote 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. (b) This chapter applies to trees having a trunk diameter of six inches or greater as measured 24 inches above ground level, or a tree which has been designated by the City to be of high value or interest to the City because of its location or historical association, or other professional criteria, hereinafter known as protected trees, on all public and private properties, in all zoning districts. (c) This tree preservation chapter shall not apply to sites which have previously approved final development plans, final plat, or certificate of zoning compliance or other similar final approval by the City prior to the date this provision takes effect DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 47

48 (a) "Caliper" means the diameter of a tree trunk six inches above the existing grade or proposed planted grade. This measurement is used for nursery-grown trees. (b) "Critical root zone" means the area inscribed by an imaginary line on the ground beneath a tree having its center point at the center of the trunk of the tree and having a radius equal to one foot for every inch of diameter breast height (DBH). (c) "Diameter breast height (DBH)" means the diameter of a tree measured at four and one-half feet above the existing grade at the base of the tree. (d) "Drip line" means the ground area within the tree's canopy. (e) "Protected tree" means any tree having a trunk diameter of six inches or greater as measured 24 inches above ground level, or a tree which has been designated by the City to be of high value or interest to the City because of its location or historical association, or other professional criteria. (f) "Tree" means any self-supporting woody plant, together with its root system, growing upon the earth usually with one trunk, or multi-stemmed trunk system, supporting a definitely formed crown. (g) "Tree preservation area" means the area of a parcel of land in which all trees shall be protected during all phases of construction REQUIREMENTS. (a) All protected trees shall be preserved unless exempted, as follows: the City Manager, or his or her designee, may approve the cutting down, removal, or destruction of a protected tree when the tree interferes with the proper development of a lot, provided that the lot is the subject of application for approval of a zoning certificate, a site plan, a development plan, a variance, or a conditioned use permit and one of the following applies: (1) Trees are located within a public right-of-way or easement. (2) Trees are located within the area to be covered by proposed structures or within 15 feet from the perimeter of structures, and the proposed structures cannot be located in a manner to avoid removal of trees at the same time permitting desirable and logical development of the lot. (3) Trees are located within the driveway access to parking or service areas or proposed driveway designed to service a single family house. (4) Trees are within proposed parking lots. Efforts shall be taken to locate and protect said trees in planting areas and islands. 48

49 (5) Trees that in the judgment of the City Manager, or his or her designee, are damaged, diseased, over-mature, which interfere with utility lines, or are an inappropriate or undesirable species for that specific location. (b) When preparing and reviewing subdivision plans and landscape plans, good-faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures, and parking areas shall be laid out to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. Developers of land are encouraged to designate heavily wooded areas as park reserves. (c) All preliminary and/or final development plans, when submitted, shall show all existing individual trees having a trunk diameter of six inches or greater as measured 24 inches above ground level with all proposed streets, lots, structures, utilities, and parking areas. Prior to the removal of any trees, a site inspection by the City Manager, or his or her designee, shall be performed. This inspection shall mark those trees permitted for removal, the delineation of areas to be preserved and any other construction restrictions. The removal of any trees and/or shrubs is prohibited until said site inspection is completed. (d) 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. 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 and grading. The fencing or other protective barrier must be located, at a minimum, outside the critical root zone, or the drip line, or 15 feet, whichever is greater, unless otherwise approved by the City Manager, or his or her 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, available from the Planning and Zoning Department, shall be secured to the fencing every 50 feet. Any change in the protective fencing must be approved by the City Manager, or his or her designee TREE REPLACEMENT. (a) During the course of development of a single lot or a subdivision, subject to final plat or a final development plan approved after the effective date of this chapter, the developer or owner shall be required to replace protected trees removed pursuant to Section (a) in accordance with the following schedule with trees two and one-half inches caliper or larger: (1) Protected trees having a trunk diameter up to 12 inches are to be replaced on a two-for-one basis; (2) Protected trees having a trunk diameter of 12 inches up to 18 inches are to be replaced on a three-for-one basis; (3) Protected trees having a trunk diameter of 18 inches up to 24 inches are to be replaced on a four-for-one basis; 49

50 (4) Protected trees having a trunk diameter of 24 inches up to 30 inches are to be replaced on a five-for-one basis; and (5) Protected trees having a trunk diameter of 30 inches and over are to be replaced on a six-forone basis. (b) Where the Development Services Director or designee determines that it is impractical or not feasible to replace all of the trees on the affected lot or within the affected subdivision, staff may approve one, or any combination of the following alternatives as a means of meeting the tree replacement requirements: (1) Replace as many trees as is practical on the affected lot; (2) Replace as many trees as is practical within the affected subdivision phase; (3) Replace as many trees as is practical within the affected subdivision; (4) For those trees that cannot be replaced through steps one through three above, the developer or owner shall be required to replace the trees elsewhere in the City; or (5) Pay a fee equal to the replacement cost of the affected tree(s). (c) Failure to replace a protected tree, as required by division (a) of this section, within one year of the approval provided for in Section (a) is a violation of the Zoning Code subject to penalties described in Section ENFORCEMENT. Failure to comply with any of the requirements of this chapter shall subject the violator to penalties provided for by Section for violation of the Zoning Code. Also see Section Street Trees, Urban Forestry Fund v1 50

51 Codified Ordinances of Pickerington, Ohio TITLE EIGHT - Zoning Chap General Provisions and Definitions. Chap Administration, Enforcement and Penalty. Chap Districts Generally and Zoning Maps. Chap Residential Districts. Chap Commercial Districts. Chap Industrial Districts. Chap Planned Unit Overlay Districts. Chap Special Use Districts. Chap Conditional Uses. Chap Nonconforming Uses. Chap Off-Street Parking and Loading. Chap Signs. Chap Wireless Telecommunications Facilities. Chap Supplementary Regulations. Chap Solar Energy Regulations Chap Wind Energy Systems Chap Nonresidential Design Guidelines Chap Nonresidential Design Guidelines Appendix I Parking Lot Lighting Appendix II Environmental Treatment Appendix III Sign Types Table 1 Permitted Uses, Accessory Uses and Conditional Uses 51

52 CHAPTER 1270 General Provisions and Definitions EDITOR'S NOTE: Ordinance 93-50, passed September 7, 1993, adopted a Comprehensive Plan for the City. Copies of such ordinance, the Plan and all amendments thereof may be obtained, at cost, from the City Manager Short title Area of jurisdiction Applicability Effective date; repealer Minimum requirements; conflicts of law Compliance required Interpretation Prospective application of Code; nonconforming uses Separability Definitions SHORT TITLE. This Zoning Code shall be known and may be cited and referred to as the "Pickerington, Ohio, Zoning Code or just the "Zoning Code," and shall hereinafter be referred to as "this Code." AREA OF JURISDICTION. The provisions of this Code shall apply to all of the incorporated territory of the Municipality APPLICABILITY. This Code shall apply to all land, every structure and every use of land or structures, excepting those uses specifically exempted herein below EFFECTIVE DATE; REPEALER. The provisions of this amended Zoning Code were adopted and became effective on September 4, Effective on this date, all conflicting ordinances, resolutions and all subsequent amendments thereto, including the 1989 Zoning Regulations for Pickerington, Ohio, were repealed. 52

53 MINIMUM REQUIREMENTS; CONFLICTS OF LAW. This Code is the minimum requirement necessary for the promotion of public health, public safety, general welfare and aesthetic harmony. In its interpretation and application, the provisions of this Code shall be held to be a minimum requirement. Where this Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations or resolutions, the provisions of this Code shall control. Whenever the provisions of any other law, resolution or restriction established by plat, deed or otherwise running with the land are more restrictive or impose higher standards than are required by this Code, the more restrictive provisions shall apply. However, private deed restrictions shall not be enforced under this Zoning Code COMPLIANCE REQUIRED. Except as hereinafter specifically provided: (a) Permitted Uses. No land shall be used except for a use permitted in the zoning district where it is located or for a use conditionally permitted and subject to the granting of a conditional use permit. No land shall be used and no building or structure shall be erected, concerted, enlarged, reconstructed, moved or structurally altered, unless it is a use or for a use permitted in the zoning district where such building or structure is located. (b) Zoning Certificate. No land shall be changed in use, no building or structure shall be occupied or used and no existing building or structure shall be changed in use and no signage shall be altered until a zoning certificate has been issued by the Development Services Director or designee. No such zoning certificate shall be issued unless the plans for the proposed building, structure, signage or land use fully comply with the provisions of this Code. (c) Use of Lots. Every building hereafter erected or structurally altered shall be located on a lot as defined. Where more than one principal structure is erected on a single lot, an open space shall be provided which is equal in size to twice the width of the side yard times itself, i.e. (2 Y x 2 Y) = area of required open space. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any lot hereafter be created, that does not meet the requirements of this Code. (d) Reduction of Use. No lot, yard, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Code. If already less than the minimum required by this Code, such area or dimension will not be further reduced. No part of a yard, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Code shall be included as part of a yard, parking area or other space required under this Code for another building or structure. 53

54 INTERPRETATION. In the interpretation of the text, the rules contained in this section shall be observed and applied, except when the context clearly indicates otherwise. The following rules apply to the text: (a) The particular shall control the general. (b) In case of any difference of meaning or implication between the text and any table, the text shall control. (c) The word "shall" is mandatory, the word "may" is permissive and the word "should" is a preferred requirement. (d) Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (e) The word "lot" includes the words "plot" or "parcel." (f) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for." (g) The term "and/or" shall be interpreted to mean a whole set of situations or any part thereof. (h) Where there is question about the intended meaning of any provision of the text, the Board of Zoning Appeals may interpret its meaning. Before reaching a decision in response to any such request, the Board shall obtain the written opinion of the Development Services Director and the Law Director PROSPECTIVE APPLICATION OF CODE; NONCONFORMING USES. (a) Permitted Legal Nonconforming Uses. Except as otherwise specified in this Code, any use, lot, building or structure that exists on the date of enactment of this Code or any amendment thereto may be continued even though such, use, lot, building or structure may not conform to the provisions of the zoning district where it is located. The provisions for nonconforming uses shall apply. (b) Approved Plans. Nothing contained in this Code shall require any change in the plans, construction, size or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this Code, provided that construction under such permit or approval has been started within twelve months from the date of issuance of the certificate of zoning compliance. Should construction not occur, the approval shall be null and void. 54

55 (c) Nonconforming Lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record that has an area and/or lot width less than that required for such structure or permitted use in the zoning district where the lot is located, if the lot of record is a legal nonconforming lot. Such nonconforming lots must be in separate ownership and not have continuous frontage with other land in the same ownership at the time of the enactment of this Code. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district where such lot is located. (1) In no case shall the width of any side yard be less than ten percent of the width of the lot, except in the case of zero lot line or row house dwellings. On a corner lot, the width of the side yard adjoining the side street lot line shall not be less than fifteen feet or twenty percent of the frontage, whichever is greater. (2) The depth of the rear yard of any such lot need not exceed twenty percent of the depth of the lot, but in no case shall it be less than ten feet. (d) Use of Lots. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are on record at the time of enactment of this Code, and if all or part of the lots with no buildings do not meet the minimum requirements established for lot width and/or area, the lands involved shall be considered to be an undivided parcel for the purposes of this Code. (1) No portion of such parcel shall be used or sold in a manner that diminishes compliance with lot width and/or area requirements established by this Code. (2) No division of any parcel shall be made that creates a lot with a width and/or area below the requirements stated in this Code SEPARABILITY. It is hereby declared to be the intention of Council that the sections, paragraphs, sentences, clauses and phrases of this Code are separable. If any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Code, since the same would have been enacted without the invalid section, paragraph, sentence, clause or phrase DEFINITIONS. This section applies to all sections in Title Twelve of these Codified Ordinances, including the Access Code, the Thoroughfare Plan, the Development Regulations and the Zoning Code. (1) Accessory dwelling unit. "Accessory dwelling unit" means a portion of a dwelling unit designed as an auxiliary dwelling unit that may have its own entrance. Such unit shall be no more than twenty-five percent of the occupiable space of the principal structure, excluding 55

56 garage and basement, and shall be occupied only by a dependent family member of the owner of the principal structure. (2) Accessory structure (ancillary structure). "Accessory structure" means any structure which is a usual and customary support use to a principal use, such as a garage, shed or dumpster. (3) Acre. "Acre" means a measure of land area equal to 43,560 square feet. (4) Activity space. "Activity space" means floor space provided in a child care facility that is designed, intended for use or used primarily for an open play or general care area. (5) Administration Officer. "Administration Officer" means the Chief Zoning Official of the Municipality, who is the City Manager or his or her designee, either of whom is referred to as the "City Manager" or the "Development Services Director" in this Code. (6) Adult arcade. "Adult arcade" means any place to which the public is permitted invited, wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. (7) Adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following: A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, which materials have, as their major or dominate theme, matter which depicts or describes specified sexual activities or specified anatomical areas; or B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. (8) Adult cabaret. "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features: A. Persons who appear and display specified anatomical areas or engage in specified sexual activities; B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or C. Films, motion pictures, video cassettes, slides or other photographic reproductions, which materials have, as their major or dominate theme, matters which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 56

57 (9) Adult motel. "Adult motel" means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions, which materials have, as their major or dominate theme, matters which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which has a sign visible from the public right of way, which advertises the availability of this adult type of photographic reproductions. (10) Adult motion picture theater. "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown, which materials have, as their major or dominate theme, matters which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (11) Adult theater. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. (12) Adult video store. See "Adult bookstore." (12A) Alley. "Alley" means a private driveway that is parallel to a public street and shall be sixteen feet in width. Half the alley width may be considered as part of the rear yard. (13) Animal/veterinary clinic; animal hospital; pet care facility; pet medical center. "Animal/veterinary clinic," "animal hospital," "pet care facility" and/or "pet medical center" means: A. Without boarding. A veterinary facility offering clinical and/or sick care facilities for pets by a licensed veterinarian. Overnight boarding may be provided on a very limited basis and only for pets requiring veterinary care due to injury or illness. Such a facility shall not provide services for livestock. B. With boarding. A veterinary facility offering a full range of service for both sick and/or injured pets, as well as a full line of related services, including boarding, grooming and training. Such a facility shall not provide services for livestock. (13A) Assisted living facility. "Assisted living facility" means a long-term care alternative for senior citizens or the developmentally disabled needing more assistance than is available in a retirement community but who do not require the heavy medical and nursing care provided in a nursing home facility. Security, independence, privacy and physical and social well-being is the primary characteristic of an assisted living setting. (14) Auto fuel services. "Auto fuel services" means commercial establishments which provide, as their primary activity, the sale of fuel for motor vehicles. (15) Automotive service/repair. "Automotive service/repair" means commercial establishments which provide, as their primary activity, the repair of motor vehicles, including 57

58 the rebuilding or reconditioning of engines and/or transmissions, and/or collision services, and/or body or frame straightening or repair, and/or overall painting of vehicles. (16) Automotive vehicles and equipment rental. "Automotive vehicles and equipment rental" means establishments, which provide, as their primary activity, the short-term rental of automobiles and/or other motor vehicles and/or other heavy equipment. (17) Automotive vehicles and equipment retail. "Automotive vehicles and equipment retail" means commercial establishments, which provide, as their primary activity, the sale or lease of automobiles and/or other motor vehicles and/or other heavy equipment such as auto sales, farm equipment sales, truck sales, boat or recreational vehicle sales, but not including the short-term rental of such vehicles and equipment. (18) Awning. "Awning" means a non-load bearing roof like cover of canvas, similar fabric or standing seam metal roof over a frame, designed and intended for protection from the weather or as a decorative embellishment, which projects from a wall or roof of a structure over a window, walk, or door, and is supported entirely by attachment to a building wall. (19) Bars. "Bars" means commercial establishments that provide, as their primary activity, the sale of alcoholic beverages for consumption on the premises inside of a building or structure. (20) Base district. "Base district" means general zoning standards for a specific zoning district classification, excluding planned districts or special district designations. (21) Bi-level house. "Bi-level house" means a two-story structure for residential use, with the first story below grade level. A bi-level house shall meet the required minimum dwelling size for a one story house. Only the totally above grade story of a bi-level house shall be included in calculating the total square footage for purposes of permit issuance. (22) Borrow pit. "Borrow pit" means a lot or parcel of land or part thereof used for the purpose of extracting sand, gravel or topsoil for sale or use at another place and exclusive of the process of grading a lot preparatory to the construction of a permitted building. (23) Buffer/buffer zone. "Buffer/buffer zone". means a landscaped area adjoining or surrounding a land use and unoccupied in its entirety by any building or structure. (24) Building. "Building" means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When separated, except by nonstructural dividing walls, each portion of such building so separated may be deemed a separate building. See "Structure." (25) Building, height of. "Height of building" means the vertical distance measured from the established grade of the front building line of the structure to the highest point of the roof or the highest point of any part of the structure, whichever is higher. (26) Building, line. See "Setback line." 58

59 (27) Business retail. "Business retail" means commercial establishments that provide, as their primary activity, the sale of goods and/or services to other commercial establishments. These uses are completely contained within a building. Examples are an office furniture store and a uniform service. (28) Cemetery. "Cemetery" means land used or intended to be used for the burial of the human dead and lawfully dedicated for cemetery purposes. (29) Channelization structure. "Channelization structure" means any physical structure (curb, island, median) which serves to direct the flow of traffic. (30) Child care. See "Day care center." (31) Religious. "Religious" means a building used principally for religious worship. (32) Collector street. "Collector street" means a thoroughfare, located in any district which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within a subdivision. (33) Commercial driveway. "Commercial driveway" means a private driveway providing access to one commercial, industrial or institutional building. (34) Commercial entertainment. "Commercial entertainment" means commercial establishments that provide, as their primary activity, space for various types of sporting and/or leisure activities. These uses are completely contained within a building. Examples are movie theaters, skating rinks, bowling alleys and health spas. (35) Commercial establishment. "Commercial establishment" means a designated structure in which an activity, intended for financial profit of the operator, is carried on. (36) Commercial training. "Commercial training" means commercial establishments (excluding public or private high schools, accredited colleges or universities) which provide, as their primary activity, any type of training, whether vocational, self-help or special interest, to the public for a fee. These uses are completely contained within a building. Examples are dance studios, beauty schools and martial arts establishments. (37) Commonly-owned adjacent land. "Commonly-owned adjacent land" means subdivided land which is adjacent to a lot submitted for variance and which is owned by the subdivider/developer of the subdivision in which the lot is located. (38) Community arterial street. "Community arterial street" means a roadway within the Municipality that is designated to carry a moderate to heavy amount of traffic. (39) Community center. "Community center" means a facility designed, intended for use or used primarily as a social or recreational facility, operated on a nonprofit basis. (40) Compatible. "Compatible" means consistent; agreeing or accordant; not selfcontradictory specifically as it relates to land uses, color, architecture and/or aesthetic. 59

60 (41) Comprehensive development plan. "Comprehensive development plan" means a plan or any portion thereof adopted by the Planning and Zoning Commission showing the general location and extent of present and proposed physical facilities such as housing, industrial and commercial uses, streets, parks, schools and other community facilities. When accepted by Council, this plan establishes the land use goals and objectives of the community. (42) Concept plan. "Concept plan" means a generalized map and plan showing the approximate locations, use density and other uses of land, including, but not limited to, buildings, streets and landscaping. (43) Conditional use. "Conditional use" means a use permitted within a zoning district, other than a principally permitted use, which is required to fulfill additional requirements because of its impact on the community. (44) Condominium. "Condominium" means a system of separate ownership of individual units in multiple-unit buildings. "Condominium" also means a single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units which are serially designated. (45) Consumer retail. "Consumer retail" means commercial establishments (excluding restaurants and motor vehicle establishments) which have, as their primary activity, the sale of goods to the general public. These uses are completely contained within a building or structure. Examples are clothing stores, drug stores, hardware stores and florists. (46) Corner lot. "Corner lot" means a lot located at the intersection of two or more streets. (47) Covenant. "Covenant" means a written promise or pledge. (48) Cul-de-sac. "Cul-de-sac" means a relatively short street with one end open to vehicular traffic and the other terminating in a vehicular turnaround. (49) Culvert. "Culvert" means a transverse drain that channels under a street, driveway or bridge. (50) Day care center. "Day care center" is defined in Ohio R.C (51) Dead end street. "Dead end street," also known as a "stub street," means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future. (52) Deck. "Deck" means a horizontal floor or platform attached to a principal structure. (53) Density. "Density" means a unit of measurement, specifically the average number of dwelling units per acre of land. 60

61 (54) Density, high residential. "High residential density" means land designated for residential purposes which does not exceed an average gross density per acre of ten dwelling units. (55) Density, low-residential. "Low-residential density" means land designated for residential purposes which does not exceed an average gross density per acre of three dwelling units. (56) Density, medium residential. "Medium residential density" means land designated for residential purposes which does not exceed an average gross density per are of six dwelling units. (57) Detached. "Detached" means not connected in any manner by walls, structural support, roofs or architectural features. (58) Developer. "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under this Code to effect the development of land hereunder for himself or herself or for another. (59) Development plan. "Development plan" means a site plan for all uses and zonings except AGR., R1, R2 and lots under 10,000 square feet, which includes additional information required by the Development Services Director. (60) Disabled vehicle. "Disabled vehicle" means any motor vehicle that cannot move under its own power. An unlicensed vehicle is considered a disabled vehicle. (61) Double frontage. "Double frontage" means a lot having a frontage on two nonintersecting streets. (62) Down zoning. "Down zoning" means rezoning of all or part of a property from a more intense zoning district to a district of lower residential density or less intense commercial or industrial usage. (63) Drive-thru retail. "Drive-thru retail" means commercial establishments that provide some portion of their goods or services for use to the general public at an outside or inside service window from within or outside a motor vehicle. Such goods or services may also be obtained within the building. Examples are drive-thru party stores, banks, ice cream stores and fast food restaurants. (64) Driveway. "Driveway" means a private access road. See also "commercial driveway," "industrial driveway" and "residential driveway." (65) Dwelling size. A. "Dwelling size" (for Zoning Code compliance) means the gross floor area of each story of a building above grade, as measured from the outside walls, excluding attic and crawlspace areas, garages, unheated porches and storage areas, and similar spaces. 61

62 B. "Dwelling size" (for Building Code compliance) means size based on floor or surface area to be computed as follows: 1. For all floor or surface areas, including garage, carport, basement, cellar and subcellar floors, by measuring the outside dimensions at each floor level. 2. Crawl spaces and attic areas shall not be included. 3. In buildings or areas where there are no walls, the area enclosed by the outside dimensions of the supporting columns shall be included. 4. In buildings or areas where a roof is supported by a single row of columns, the horizontal projected area of the roof shall be included. (66) Dwelling unit. "Dwelling unit" means a building or portion thereof designed, intended or used primarily for residential purposes, including cooking, sanitary facilities and sleeping space. This term does not include a tent, cabin, trailer, mobile home, motel or hotel. (67) Easement. "Easement" means authorization by a property owner for the use by another, for a specific purpose, of any designated part of his or her property. (68) Elderly housing. "Elderly housing" means grouped dwelling units designed, constructed and intended for the exclusive use of persons who meet age or health constraints of Federal or Ohio laws or regulations which provide for such exclusionary housing. (69) Engineer. "Engineer" means any person registered by the State as a professional engineer under Ohio R.C "The Engineer" means the officially appointed Engineer under Section 5.05 of the City Charter. (70) Essential elements. "Essential elements" means those facilities designated by the Engineer as essential for the safe and healthful occupancy of a building or structure, such as, but not limited to: water services, sanitary sewers, storm water systems, detention and/or retention systems, natural gas services, electrical services, street lights, streets and access roads. (71) Family. "Family" means an individual or two or more persons related by blood, marriage or law, or a group of not more than five persons who need not be related, living together in a dwelling unit. (72) Family care home. "Family care home" means a residential facility for the case of not more than four individuals living in a single housekeeping unit who cannot live completely independently due to a developmental disability or other physical or emotional disability. (73) Family swimming pool. "Family swimming pool" means a swimming pool intended for use only by members of the household and guests and not for commercial or public purposes. (74) Family tennis court. "Family tennis court" means tennis courts intended to be used only by members of the household or guests and not for commercial or public purposes. 62

63 (75) Farm market. "Farm market" means a building or structure designed, used or intended to be used for the display and/or sale of produce, whether or not such produce is raised on farms owned or operated by the farm market operator, provided, however, that at least fifty percent of the gross income derived from the farm market is from produce raised on farms owned or operated by the farm market operator. (76) Fence. "Fence" means a hedge or structure serving as an enclosure, barrier or separation between portions of a single property or between two contiguous properties. The meaning of the word "fence" does not include landscaping features such as split-rail or picket structures bordering entrance stoops, nor such structures at corners of lots, provided that they do not exceed ten linear feet in any direction and do not exceed twenty-five percent opacity, or are not more than two feet in height, so as not to interfere with clear vision at intersections or vehicular access points. Any person wishing to install a fence shall first make application to the Director of Planning and Zoning for a permit to erect a fence, on a faun to be promulgated by the Director of Planning and Zoning. (77) Fire lane. "Fire lane" means a space adjacent to a building as designated by the Fire Department or Development Services Director for the efficient and effective use of fire apparatus. Such area shall be kept free of obstructions and vehicles and shall be marked in an approved manner. (78) Foster care facility. "Foster care facility" means a residential care facility for not more than five juveniles who are unable to be cared for by their parents or legal guardians. This definition excludes permanent foster care placement in a nuclear family situation. (79) Front yard. "Front yard" means the space extending across the entire front of a lot between the required building setback lines and the street right-of-way line. (80) Frontage. "Frontage" means the length of a property as measured along the rightof-way line of any public street. (81) Game court. "Game court" means an indoor or outdoor recreational facility designed to be used for court games such as tennis, basketball or volleyball. (82) Garage. "Garage" means an accessory structure intended to be used primarily. but not exclusively, for the storage of motor vehicles. (83) Garage sale. "Garage sale" means the incidental sale of used or unbred household goods accumulated in the process of housekeeping, limited to two such events per household per calendar year, including yard sales and porch sales. (84) Garbage. "Garbage" means any material thrown away or rejected as useless, such as waste food, animal and vegetable material, excrement, offal, waste, trash or rubbish, broken and/or scattered debris and residue from material such as ash or compacted materials. (85) Garbage and refuse handling. "Garbage and refuse handling" means the storage, incineration, transfer, sorting or use of garbage. 63

64 (86) General industry. "General industry" means commercial establishments that provide, as their primary activity, space for the assembly or processing of raw materials through finished goods. Such uses are permitted outdoor storage and/or outdoor operations. Examples are fertilizer manufacturing, smelting and auto parts assembly. General retail. "General retail" means commercial establishments (excluding restaurants and motor vehicles) that have, as their primary activity, the sale of goods to the general public. These uses may include some outside display and/or storage space. Examples are garden shops, building supply and contractor showrooms. (87) Grain silo. "Grain silo" means a structure intended specifically for the storing of gain, seed, feed or similar agricultural products or substances. (88) Gross density. "Gross density" means the average number of dwelling units per acre of the total land to be developed, excluding dedication for public arterial streets. (89) Half story. "Half story" means a story above a first story and immediately under a gable, hip or gambrel roof, the ceiling of which follows the roof line for a portion of its height. (90) Hedge. "Hedge" means a linear massing of closely-spaced shrubs, which combines to form a relatively solid vegetative wall. (91) Highway Director. "Highway Director" means the Director of the Ohio Department of Transportation or his or her authorized agent. (92) Home occupation. "Home occupation" means any occupation or profession carried on in a residential dwelling by a member of the immediate family residing at the premises. One nonfamily member may be employed. Such activity shall be clearly incidental to the residential use. and shall cause no change to the exterior of the dwelling or accessory structure on the property. (93) Homeowners association. "Homeowners association" means a private organized group of homeowners established by a developer, group of developers or group of resident homeowners. One of the purposes of such association may be to own, operate and/or maintain various common properties such as open space, private streets, private amenities or recreation facilities. (94) Hospital. "Hospital" means an establishment for the medical,_ surgical or psychiatric care of bed patients for a continuous period longer than twenty-four hours, which its open to the general public twenty-four hours each day for emergency care, has a minimum of ten patient beds, has an average of 2,000 patient days per annum and has on duty not fewer than one registered nurse at all times. (95) Improvement. "Improvement" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, stoliu drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites. 64

65 (96) Incorporated territory. "Incorporated territory" means land included within the boundaries of the Municipality. (97) Industrial driveway. "Industrial driveway" means a driveway the main purpose of which is serving truck movements to and from loading docks of an industrial facility, warehouse or truck terminal. (98) Interior lot. "Interior lot" means a lot other than a corner lot with only one frontage on a street. (99) Junk. "Junk" means any personal property which is bought, bartered, acquired, possessed, collected, accumulated, dismantled, stored or stored for re-use or resale such as salvage metal, metal alloys, metal compounds and/or combinations, used or salvaged fabric, fibers, bags, paper, rags, glass, latex, rubber, plastic, used or salvaged motor vehicles which are primarily used for parts or scrap metal and similar or dated articles or property. (100) Junk yard/salvage yard. "Junk yard/salvage yard" means a place where a person buys, exchanges, collects, receives, stores, accumulates, sells or transfers junk as defined herein. (101) Kennel. "Kennel" means any structure or group of structures used primarily for the shelter of four or more dogs and/or other domesticated animals. (102) Light industry. "Light industry" means commercial establishments that provide, as their primary activity, space for the assembling or processing of semifinished material to a final product, which may include final packaging. Such uses may have outdoor storage space, provided, however, that all operations are carried on in a completely enclosed building and comprise a part of use group F-1 or F-2 of the OBC. Examples are beverage bottling, food processing and electrical work. (103) Livestock. "Livestock" means domestic animals, such as horses, cattle, sheep or fowl, ordinarily found on farms and kept for their services or raised for food and other products or kept for recreational purposes. Dogs, cats and birds commonly kept as pets are excluded. (104) Local road. "Local road" means a road which serves primarily for providing access to residential, commercial or other abutting property. (105) Location map. See "Vicinity map." (106) Lot. "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; or 65

66 C. A combination of complete lots of record, or of complete lots of record and portions of lots of record, or of portions of lots of record. (107) Lot coverage. "Lot coverage" means that portion of a lot covered by an impervious material, including structures, paved parking areas, driveways, etc. (108) Lot frontage. "Lot frontage" means that portion of a lot that is nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be provided as required by this Code. (109) Lot lines. "Lot lines" means the property lines bounding a lot. (110) Lot measurements. A lot shall be measured as follows: A. The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. B. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided, however, that the width between lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent of the required lot width. (111) Lot, minimum area of. "Minimum area of a lot" means the minimum required area of a lot computed exclusive of any portions of the right of way of any public or private street. The area of a lot is regulated in all zoning districts for width and may be regulated for depth. (112) Lot of record. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded. (113) City Manager. "City Manager" means the Chief Executive Officer of the Municipality. (114) Medical and health related services. "Medical and health related services" means commercial and noncommercial establishments that provide, as their primary activity, healthrelated services to the general public on an outpatient basis. Such uses shall not provide space for overnight treatment and comprise a part of use group B of the OBC. Examples are doctors' offices, emergency clinics and dentists' offices. (115) Minor subdivision. "Minor subdivision," also known as a lot split, means a division of a parcel of land that does not require a plat to be approved by a planning authority. (116) Mobile sign. "Mobile sign" means a sign or graphic mounted on a vehicle, ar equipped with its own wheels, tracks or runners. 66

67 (117) Monument. "Monument" means a permanent concrete or iron marker used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment. (118) Multifamily dwelling. "Multifamily dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes and to be occupied by more than three families living independently of each other. The three primary multifamily dwelling styles which are defined in this Zoning Code are: townhouse, condominium and row house. (119) Multi-Use Path. "Multi-Use Path," also known as a bike path, means a dedicated public way for bicycle and pedestrian traffic, whether along the side of a road or not. (120) Net density. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses. (121) Nonconforming. "Nonconforming" means a building, structure, premises or use thereof, legally existing and/or used at the time of adoption of this Code or any amendment thereto, which does not conform with the use regulations for the district where it is located. (122) Nude model studio. "Nude model studio" means any place where a person displays specified anatomical areas to be photographed by other persons who pay money or any form of consideration. (123) Nursing home. "Nursing home" means an establishment that provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill, or for surgical or obstetrical services, shall be provided in such a home. A hospital shall not be construed to be included in this definition. (124) OBC. "OBC" means the Ohio Building Code, latest edition, as adopted by the Ohio Board of Building Standards. (125) Office/administrative space. "Office/administrative space" means floor space provided in a building designed, intended or used primarily for office functions. (126) One and a half story house. "One and a half story house" means a structure for residential use with a half-story, as defined in this Zoning Code, located above the first story. A one and a half story house shall meet the required minimum dwelling size for a two-story house. (127) One story building. "One story building" means a building that has its total square feet area at one elevation, exclusive of foundation or basement areas. (128) Opaqueness. "Opaqueness" means the degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface. (129) Open Space. "Open space" means an area substantially open to the sky, which may be on the same lot as a building. The area may include, along with the natural 67

68 environmental features, water areas, swimming pools, tennis courts or other recreational facilities. Streets, structures for habitation and the like shall not be included. (130) Original tract. "Original tract" means a contiguous quantity of land held in common ownership that has not been replatted by the existing owner or prior owners since April 7, (131) Outhouse. "Outhouse" means any structure or shed used as a permanent outdoor toilet, without running water and/or an approved sewer or septic system. (132) Overlay district. "Overlay district" means a zoning district that applies special regulations to an area in addition to or in place of its base district regulations. (133) Owner occupied. "Owner occupied" means a structure or site which is occupied by the owner of record, or by the owner by reason of a land contract, as a personal residence or a proposed structure which will be so occupied. (134) Pac. "Pac" means a building site prepared by artificial means, including, but not limited to, grading, excavation or filling, or any combination thereof. (135) Parking space. "Parking space" means an off-street space, either within a structure or in the open, available for the parking of one motor vehicle and having an area of not less than nine feet by eighteen feet, exclusive of passageways, driveways and maneuvering space, which provides access to public streets and which is located entirely outside any public street right of way or alley. (136) Passive space. "Passive space" means open space provided in a park or other development that does not contain any active recreational equipment, game courts or playing fields. This space may include benches, picnic areas and/or tot lots. (137) Patio. "Patio" means an uncovered area permanently surfaced or constructed as a single solid slab and usually raised slightly above the lawn surface. The use is accessory to the main use of the land and is located on the same lot with the main building or use (usually a residential structure). (138) Patio house. "Patio house" means a building or portion thereof designed, intended or used primarily for residential purposes. The dwelling unit is a single-family unit that may be placed against one side of a lot line and that is enclosed by walls providing privacy. (139) Pedestrian plaza. "Pedestrian plaza" means land, privately or publicly owned, developed for public use. The development may be in the form of green space or hard surfaces such as brick or concrete. (140) Performance bond or surety bond. "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the Municipality for the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement. 68

69 (141) Person. "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity. (142) Personal service. "Personal service" means commercial establishments that provide, as their primary activity, service either to an individual or to an individual's personal property (excluding motor vehicles). These uses are completely contained within a building and comprise a part of use group B of the OBC. Examples are barber/beauty shops, shoe repair shops, watch repair shops, banks and savings and loan institutions. (143) Pet. "Pet" means a domesticated or tamed animal, kept as a companion and not livestock. (144) Planned district/planned unit development. "Planned district/planned unit development" means an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Code. The procedure for approval of such a development contains requirements in addition to those of the standard development, such as building design principles and landscaping plans. (Refer to Chapter 1282.) (145) Plat. "Plat" means the map or drawing of a subdivision of land which will be legally approved and recorded. (146) Political sign. "Political sign" means a sign that announces the candidacy of a person or slate of persons running for partisan or nonpartisan political office or that informs people of an issue in an election or referendum. (147) (a) "Portable, On-Demand Storage Device ("POD") means any device, container, enclosure or structure, either wheeled trailers or containers carried on motor vehicles or trailers, commonly used to store home furnishings, and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Portable, on-demand storage devices do not include self-propelled registered motor vehicles and may not be used as habitation for humans or animals, or for the storage of commercial/industrial materials. (b) Portable sign. "Portable sign" means a sign or graphic designed so it may be moved or relocated without structural or support change. This definition includes, but is not limited to, A-frame signs, trailer signs, mobile signs, stake-supported signs, pedestal supported signs, and other signs not firmly anchored in approved support structures or foundations.. (148) Primary activity. "Primary activity" means an activity that comprises more than fifty percent of the total floor area of a building. (149) Primary arterial. "Primary arterial" means an officially designated Federal or State numbered highway or County road which carries heavy traffic through the Municipality. (150) Principal structure. "Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated. 69

70 (151) Private driveway. "Private driveway" means a driveway providing access to a single-family residence or to multifamily developments containing four or fewer dwelling units or alleys parallel with a public street. (152) Private stable. "Private stable" means a structure for the keeping of horses and ponies that is used by the owner of such structure but not for commercial or public purposes. (153) Professional and business office. "Professional and business office" means a commercial establishment that provides, as its primary activity, space to any professional and/or business operation where the product is a person's knowledge or skill and not a commodity. Such uses are completely contained within a building and do not have more than twenty-five percent of their floor area designated for use by the general public. Examples are law offices, real estate offices and corporate headquarters. (154) Property line. "Property line" means a legally recorded boundary of a lot, tract or other parcel of land. (155) Public assembly. "Public assembly" means a facility to which the public has access. (156) Public way. "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way in which the general public or a public entity has a right, or which are dedicated, whether improved or not. (157) Ranch style house. "Ranch style house" means a one story structure for residential use. A ranch style house shall meet the required minimum dwelling size for a one-story house. (158) Rear yard. "Rear yard" means a yard extending the full width of the lot between the rearmost main building and the rear lot line or rear right-of-way line, the depth of which shall be the least distance between the rear lot line and the rear of the main building. Where a rear lot line abuts an alley, half of the alley width may be considered as part of the rear yard. In condominium and multi-family developments, the distance between buildings in rear yards shall be the width of the rear yard setback requirements in the particular district. (159) Research and development laboratory. "Research and development laboratory" means a commercial establishment that provides, as its primary activity, the development of information and/or products that are used by business and industry. Such uses are completely contained in a building, do not produce goods or services for direct retail sale and comprise a part of use group B or F-s of the OBC. Examples are biological testing labs and corporate research and development facilities. (160) Restaurant. "Restaurant" means a commercial establishment that provides, as its primary activity, prepared food for consumption on the premises inside of a building. These establishments shall not have any drive-thru facilities or any other facilities for eating or picking up food outside of the building. They comprise a part of use group A-3 of the OBC. (See also "Drive-thru retail.") 70

71 (161) Reversed frontage lot. "Reversed frontage lot" means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot. (162) Right-of-way. "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks and lighting and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges. "Right-of-way" includes the term "easement," as applied to a public street. (163) Roadway. See "primary arterial," "secondary arterial," "collector street" and "local road." (164) Row house dwelling. "Row house dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes. The building is situated so that its side walls are shared with other like structures, all having their own separate entrances and lots of record. (165) Satellite parking. "Satellite parking" means parking located off-site of the building that it is designated to serve. (166) Seasonal patio enclosures. "Seasonal patio enclosures" means temporary screening affixed to a nonresidential patio allowing it to be utilized during the months of the year with colder temperatures. Enclosed patios are areas adjunct to the principal structure of the property and cannot be used for sleeping, food preparation, storage, housing sanitary facilities, or any other activity not conducted when the patio is not enclosed. (167) Secondary arterial. "Secondary arterial" means a road designated as a secondary street which carries heavy to moderate traffic within the Municipality. (168) Setback line. "Setback line" means the minimum distance that a building or structure shall be constructed from a lot line, right-of-way, street or private drive, easement or edge of pavement along private driveways. (169) Sewer, central or group. "Central or group sewer" means an approved sewage disposal system which provides a collection network and disposal system and a central sewage treatment facility for a single community. (170) Sewer, on-site. "On-site sewer" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and which provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction. (171) Sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 71

72 B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying specified anatomical areas or engaging in specified sexual activities. (172) Sexually oriented business. "Sexually oriented business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio or sexual encounter center. (173) Side yard. "Side yard" means a space extending between the structure setback lines, as required by the regulations of a particular zoning district, and the side lot lines, measured between the front yard and the rear yard. In multifamily developments, the distance between buildings shall be the side yard setback requirements in the particular district and ten feet from right-of-way, street or private drive, easement or edge of pavement along private drives to the building. (174) Sidewalk. "Sidewalk" means the portion of a street right-of-way outside the street which is improved for the use of pedestrian traffic. Also, sidewalks pertain to interior walkways in multifamily, commercial, and industrial uses. (See also "Walkway.") (175) Sign. "Sign" means any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or which is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. (See Chapter 1292 for other sign related definitions.) (176) Single-family dwelling. "Single-family dwelling" means a building designed, intended or used primarily for residential purposes to be occupied by one family. The five primary house styles which are defined in this Zoning Code are: bi-level, ranch, two-story, one and a half story and split level, (177) Site distance triangle. "Site distance triangle" means the triangular area of a corner lot bounded by the property line connecting the two points on the property lines twenty feet from the intersection of the property lines. (178) Site plan. "Site plan" means a plan showing uses and structures proposed for a parcel of land as required by the regulations involved. (179) Sleeping area. "Sleeping area" means floor space provided in a building designed, intended or used primarily as a place to sleep. This would include all bedroom space and all other areas where beds are permanently kept. (180) Specified anatomical areas. "Specified anatomical areas" means human genitals, the pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, all of which are less than completely opaquely covered. 72

73 (181) Specified sexual activities. "Specified sexual activities" means and includes any of the following: A. The erotic touching of human genitals, the pubic region, buttocks, the anus or female breasts; B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; C. Masturbation, actual or simulated; or D. Excretory functions as part of or in connection with any of the activities set forth in paragraphs (177)A. to C. hereof. (182) Split level house. "Split level house" means a type of structure for residential use in which the floor levels are staggered so that each level is about a half story above or below the adjacent one. A split level house shall meet the required minimum dwelling size for a two story house. Only totally above grade stories of a split level house shall be included in calculating the total square footage for purposes of permit issuance. (183) Story. "Story" means that portion of a building included between the upper surface of any floor, except a basement floor, and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. The first floor level shall mean the floor level at or nearest the grade level at the principal entrance. (184) Story above grade. "Story above grade" means any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than fifty percent of the total perimeter or more than twelve feet at any point. (185) Street. "Street" means a public way established or dedicated by a duly recorded plat deed, by governmental authority or by operation of law and which is twenty-six feet or more in total width. (See also "Thoroughfare, street and road.") (186) Street right-of-way line. "Street right-of-way line" means the dividing line between a street right of way and the contiguous property. (187) Structure. "Structure" means materials founing a construction for occupancy or use, including, among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences and display signs. The word "structure" is construed as if followed by "or parts thereof," and is inclusive of the word "building." (188) Structure, accessory or ancillary. "Accessory or ancillary structure" means a subordinate structure the use of which is incidental to that of a principal structure on the same lot. 73

74 (189) Structure, principal. "Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated. (190) Subdivider. See "Developer." (191) Subdivision. "Subdivision" means: A. The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres, not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures, involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures, or the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (See also "Minor subdivision."). (192) Surveyor. "Surveyor" means any person registered by the State of Ohio to practice surveying. (193) Terrain classification. Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows: A. "Level" is that land which has a cross-slope range of four percent or less. B. "Rolling" is that land which has a cross-slope of more than four percent but not more than eight percent. C. "Hilly" is that land which has a cross slope range more than eight percent but not more than twelve percent. D. "Hillside" is that land which has a cross slope range more than twelve percent. (194) Thoroughfare plan. "Thoroughfare plan" means the comprehensive plan adopted by the Municipality indicating the general location recommended for arterial, collector and local thoroughfares within the corporate limits (195) Thoroughfare, street and road. "Street and road thoroughfare" means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic. 74

75 (196) Three-family dwelling. "Three-family dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes and to be occupied by not more than three families living independently of one another. (197) Through lot. "Through lot" means a lot, other than a comer lot, with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (198) Townhouse. "Townhouse" means a building consisting of two or more attached or semidetached dwelling units of two or two and one- half stories, each with a ground floor and a second floor which may or may not have separate ownership or condominium status. (199) Trailer sign. "Trailer sign" means a sign or graphic mounted on a chassis, with or without wheels, with no independent means of propulsion. (200) Treatment space. "Treatment space" means floor space provided in a building that is designed, intended or used primarily for the treatment of human and/or animal illness. (201) Two-family dwelling. "Two-family dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes and to be occupied by two families living independently of one another. (202) Two-story house. "Two-story house" means a structure for residential use, with two stories located above ground level. A two-story house shall meet the required minimum dwelling size for a two-story house. (203) Variance. "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. (204) Vehicle. "Vehicle" means an automobile, truck, motorcycle, trailer, truck camper, recreational vehicle, bus or boat. (205) Veterinarian. "Veterinarian" means any person certified to care for and to treat the diseases and injuries of animals. (206) Vicinity map. "Vicinity map" means a drawing located on the plat which sets forth, by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and to community facilities and services within Fairfield County in order to better locate and orient the area in question. (207) Walkway. "Walkway" means a dedicated public way for pedestrian use only, whether along the side of a road or not. (208) Watershed. "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision. 75

76 (209) Wholesale business. "Wholesale business" means a commercial establishment that provides, as its primary activity, storage, break-of-bulk and distribution operations to other commercial establishments. Such uses may have some outdoor storage space and comprise a part of use group S of the OBC. Examples are truck terminals and warehouses. (210) Yard. "Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward. However, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. (211) Zero lot line dwelling. "Zero lot line dwelling" means a building designed, intended or used primarily for residential purposes. The dwelling unit is a single-family unit that is placed against one of the side lot lines to allow more open yard space. (212) Zoning Code. "Zoning Code" shall be interchangeable with "Zoning Regulations" and means Ordinance , as amended, codified herein as Title Eight of Part Twelve - the Planning and Zoning Code. (213) Zoning district. "Zoning district" means any section of the Municipality in which zoning regulations are uniform. 76

77 CHAPTER 1272 Administration, Enforcement and Penalty Offices having authority; issuance of permits, certificates and licenses Development Services Director Planning and Zoning Commission Board of Zoning Appeals Council Administrative procedures; zoning certificates Text amendments and changes of zoning districts Application tabling, withdrawal and resubmittal Variances and appeals generally Applications for variances, appeals and conditional use permits Conditional use permits Procedure for variances, appeals and conditional uses Interpretation of text and map Temporary zoning certificates Sign permits Permits and clearances required; violations; injunctions Assessment of fees Enforcement officer Responsibility of owners of premises Right of entry Stop work orders Violations; equitable remedies Compliance required Revocation of zoning certificates Penalty OFFICES HAVING AUTHORITY; ISSUANCE OF PERMITS, CERTIFICATES AND LICENSES. The formulation, administration and enforcement of this Code is hereby vested in the following offices of the Municipality: 77

78 (a) (b) (c) (d) The Council; The Development Services Director; The Planning and Zoning Commission; and The Board of Zoning Appeals. All departments, officials and public employees of the Municipality vested with the duty or authority to issue permits, certificates or licenses shall conform to the provisions of this Code and shall issue no permit, certificate or license for any use, building, structure or purpose if the same is in conflict with the provisions of this Code. Any permit, certificate or license issued in conflict with the provisions of this Code shall be deemed null and void DEVELOPMENT SERVICES DIRECTOR. (a) Authority. The City Manager shall appoint an administrative officer named the Development Services Director, as prescribed in Section of these Codified Ordinances, and this officer and/or the person or persons designated by this section shall administer and enforce this Code. (b) Duties. It shall be the duty of the Development Services Director to: (1) Enforce the provisions of this Code; (2) Interpret the Zoning Code text and the Official Zoning District Map(s); (3) Issue zoning certificates in accordance with this Code and maintain a complete record of all zoning certificates issued; (4) Act upon all applications within ten days of their date of filing. A zoning certificate or written notification and explanation of refusal shall be issued to the applicant within such ten days. Failure to notify the applicant of such refusal within this period shall entitle the applicant to submit a request to the Board of Zoning Appeals for the action which was applied for but not acted on in a timely manner (5) Advise the Planning and Zoning Commission, the Board of Zoning Appeals and Council of all matters pertaining to issues that they need to act on, and provide all documents, maps and other related information that the Development Services Director deems necessary or that the Commission, Council or the Board requests; (6) Determine whether various uses of land within the area of the Municipality are in compliance with this Code. Where violations exist, the Development Services Director shall notify in writing the person or persons responsible, specify the exact nature of the violation and maintain a complete record of such notices. (7) Maintain and keep the permanent records required by this Code, including, but not limited to, the Official Zoning District Map(s), zoning certificates, inspection reports and 78

79 records of all official zoning actions of Council, the Planning and Zoning Commission and the Board of Zoning Appeals. Such records shall be made available for use by the Board, Council, the Commission and the public. (8) Prepare and make available necessary forms for all applications, using this Code for guidance regarding the content for such forms; and (9) Determine the validity of licenses which may be required under this Code PLANNING AND ZONING COMMISSION. (a) Establishment. There is hereby established a Planning and Zoning Commission. The Planning and Zoning Commission shall consist of seven members. (b) Membership. The membership of the Planning and Zoning Commission shall consist of the Mayor or his or her designee, one Council member serving on the Service Committee, and five residents of the Municipality who shall be appointed by Council. (c) Terms. The terms of office of the members of the Planning and Zoning Commission appointed by Council shall be for six years each. The teitus of office for all nonelected persons serving on the Planning and Zoning Commission shall terminate on February 28. (d) As Platting Commission. In accordance with Ohio R.C , the Planning and Zoning Commission shall also be the Platting Commission and shall have all the powers and duties provided by law. (e) Authority. The Planning and Zoning Commission shall carry out its duties and responsibilities as prescribed in Charter Section (f) Duties. It shall be the duty of the Commission to: (1) Prepare Zoning Code amendments recommended for the Municipality; (2) Review and make recommendations on the proposed Official Zoning District Map(s) and all proposed zoning changes and then forward the zoning or rezoning, along with the Commission's recommendations, to Council; (3) Review development plans within the planned districts; (4) Review unlisted uses to determine their classification as permitted, conditional, accessory or prohibited; and (5) Review and authorize the issuance of conditional use permits to petitioners who specifically meet the requirements for such a permit listed in this Zoning Code. 79

80 (g) Operating Procedure for Meetings. (1) Applicants or their representatives must be present at a regularly scheduled hearing. Should this not occur, the Commission may table or dismiss the action requested. Where a dismissal would result in a hardship to others in attendance, the Commission may, by majority vote of the members present, consider the matter in question. (2) The Commission will reconsider only substantially revised plans, matters referred by Council or matters supported by a majority of members present. (3) The Commission has eight members, seven of whom may vote. The City Manager is a nonvoting member. Four voting members constitute a quorum. A majority vote of four must occur for approval. Less than a majority vote will defeat the matter. (See subsection (b) hereof). The Commission shall elect its own Chairperson and Vice-Chairperson from among its voting members in January of even-numbered years or as the position becomes vacant. (4) When a hearing has concluded, the Chairperson shall move for passage: no second shall be required. The matter may be approved (yes), disapproved (no), tabled indefinitely or continued to the next meeting. Only roll call votes will be taken; "yes," "no" or "abstain" being the only acceptable responses. (5) Each item of the agenda shall be taken in the order listed on the official printed agenda and shall be voted upon before moving to the next item, except when circumstances warrant, and specifically when a large number of persons are present to hear or participate in a particular case. In such instance, the Chair may take the item or items in question out of published order so as to conduct expediently and fairly the public's business. (6) All speakers, excluding staff and Commission members, shall identify themselves to the Clerk by name and address prior to speaking for the record. (7) Every meeting of the Commission shall be open to the public. (8) The staff shall present a written report detailing the facts of the case and state the particular action or actions requested. (9) The application or the applicant's representative may present evidence, oral testimony, affidavits, depositions, maps, drawings, photographs, narrative material and any other material relevant to the purpose of a hearing, all of which should become part of the final record. The applicant may present witnesses and may question opponents. Commission members may ask questions at any time. (10) Opponents or their representatives may make a similar presentation, following the applicant's presentation. (11) Interested parties may be permitted to speak following the opponents if their statements are relevant to the outcome of the case of if the proposed action on the case may affect their property rights. 80

81 (12) The applicant shall be given an opportunity to rebut or clarify items raised by opponents or interested parties. (13) The staff shall be asked for its opinion and comments and may ask questions of any party, as appropriate. (14) Should testimony from any person or faction become repetitive, the Chairperson may rule that person out of order. (15) A hearing shall be informal to the maximum possible extent. Strict rules of evidence shall not apply, and procedures may vary somewhat to ensure a fair hearing. The purpose of a hearing is to bring out sufficient evidence and information to permit the Commission to arrive at a just result. When rules of procedure become an issue, the official copy of Robert's Rules of Order shall govern BOARD OF ZONING APPEALS. (a) Authority. The Board of Zoning Appeals shall be constituted and shall carry out its duties and responsibilities as prescribed by Section 6.03 of the Municipal Charter and this Zoning Code. (b) Duties. It shall be the duty of the Board to: (1) Administrative appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Services Director in the administration and enforcement of the provisions of this Code; (2) Variances. Authorize, upon appeal, by reasons of exceptional narrowness, shallowness, shape, topographic conditions or other extraordinary situation or condition of a lot, a variance from strict application of the provisions of this Code for both zoning lots and sign regulations to relieve exceptional difficulties or undue hardship, provided such relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Code. (3) Interpretation of zoning text and Map(s). Decide, upon appeal from a decision by the Development Services Director, any question involving the interpretation of the zoning text or Map(s); (4) Decisions. Reverse or affirm, in conformity with this section, wholly or partly, or modify, the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and have all powers of the officer from whom the appeal is taken. (c) Notice of Actions. Prior to the Board of Zoning Appeals taking any action pursuant to subsection (b) hereof, a notice setting forth the time and the place of an action of the Board and the nature of the requested action shall be given for one publication in one or more newspapers of general circulation in the County where the property is located at least ten days before the date of the Board's action. A fee shall 81

82 be charged to the applicant for the advertisement. In addition, written notice of the action shall be mailed by the Municipal Clerk by first class mail, at least ten days before the date of the action, to all owners of property within, contiguous to and directly across the street from such area affected by the proposed action. Such notice is to be mailed to the address of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. A fee shall be charged to the applicant for such mailing COUNCIL. (a) Authority. Council's authority regarding zoning is set by Article II of the Municipal Charter. (b) Duties. It shall be the duty of Council to: (1) Appoint five of eight members to the Planning and Zoning Commission. Of the remaining three, the Mayor will appoint one Council member, one shall be the Mayor, and the City Manager is a nonvoting member. (2) Appoint a five-member Board of Zoning Appeals to hear administrative appeals, requests for variances and conditional uses, and interpretation issues; (3) Act upon suggested amendments to the Zoning Code text or the Official Zoning District Map(s) following receipt of recommendations of the Commission; (4) Act upon suggested development plans for the planned districts following receipt of recommendations of the Commission; and (5) Upon passage of this Code, devise procedures and standards for implementation of the Official Zoning Map(s) required by this Code and per Section (c) ADMINISTRATIVE PROCEDURES; ZONING CERTIFICATES. (a) Certificate Required. No person shall locate, erect, construct, reconstruct, enlarge or structurally alter any building, structure or signage within the Municipality without first obtaining a zoning certificate. No zoning certificate shall be issued unless the plans for the proposed building, structure or signage fully comply with all of the provisions of this Code. (b) Application. A zoning application or from shall be submitted and approved by the Development Services Director or designee. form; (1) -Submission requirements and fees shall be per the zoning certificate application (2) A certificate of approval by the public health officer stating the proposed method of water supply and/or disposal of sanitary wastes, in cases where the lot is not provided with, 82

83 and is not required by Section to be provided with, public water supply and/or public sewers for the disposal of sanitary wastes; (3) Other plans, descriptions, drawings, surveys, legal descriptions and documents as may be required. (c) Change of Use. No change of use shall be made in any building or part now or hereafter located, constructed, reconstructed, enlarged or structurally altered without a zoning certificate issued by the Development Services Director. No zoning certificate shall be issued to make a change in use unless the changes are made in conformity with the provisions of this Zoning Code or unless a variance or conditional use certificate has been granted by the Board of Zoning Appeals. (d) Nonconforming Uses. Nothing in this Code shall prevent the continuance of a nonconforming use as heretofore authorized unless a discontinuance is necessary for the safety of life or property. (e) Records. A record of all zoning certificates shall be kept on file in the office of the Development Services Director and copies shall be furnished on request, upon payment of a fee, to any person. (f) Time Limit. If a zoning certificate is issued for the purpose of constructing a new building or structure and such construction is not begun within a six month period, or such construction does not appear to have been substantially completed within a twelve-month period, then such zoning certificate may be declared null and void by the Development Services Director TEXT AMENDMENTS AND CHANGES OF ZONING DISTRICTS. It is the intention of Council that Zoning Map amendments be processed in the shortest time period consistent with thoughtful and appropriate land use decision making. The Development Services Director shall recommend hearing dates consistent with this policy. (a) Initiation; Conditions for Acceptance. Amendments or supplements to this Zoning Code may be initiated by motion of the Planning and Zoning Commission, by the passage of a motion or resolution by Council or by the filing with the Planning and Zoning Commission of an application by one or more of the owners, lessees or agents of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning and Zoning Commission. Council shall approve an application for a text amendment, whether to the zoning text or to the Official Zoning District Map(s), only if the request for a change of zoning is for one or more of the following reasons: (1) There is manifest error in the original Zoning Code text and/or designations on the Official Zoning District Map(s). (2) The change will be in accordance with, or in more appropriate conformity to, any existing land use plans for the area under consideration. 83

84 (3) There has been substantial change in area conditions. (4) The change represents a legitimate requirement for additional or reduced land area foi- the particular zoning district. (b) Map Changes. A Zoning Map change instituted by the Planning and Zoning Commission or Council shall have those elements of the required application which the Commission or Council deems necessary. There shall be no fee for such action. (c) Applications. All applications filed by the owner(s) or lessee(s) of the property within the area proposed to be changed or affected by the proposed amendment or supplement, or by their agents, shall include the following: (1) A description or statement of the present and proposed provisions of this Code or the proposed change of the district boundaries of the Zoning District Map(s); (2) A description by map of the property to be affected by the proposed change or amendment, and a description in text of the property by legal metes and bounds (required before the first Council reading) unless waived by the Development Services Director; (3) A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of the need or appropriateness of the change within the subject area by reason of changed or changing conditions and the relation to appropriate plans for the area; (4) A list of the owners of property within, contiguous to and directly across the street from the area proposed to be rezoned and of all property owners within 200 feet of any portion of such property, which list shall be in accordance with the Fairfield County Auditor's current tax list; (5) Twenty sets of the application; and (6) The appropriate fee stated in the current fee schedule ordinance. (d) Planning and Zoning Commission Action. (1) Public hearing. Upon the certification of a motion or resolution by Council, the adoption of a motion by the Commission or the filing of a completed application for a proposed change or amendment of the text of this Code and/or the Zoning District Map(s), the Commission or the Development Services Director shall set a date for a public hearing not more than twenty-eight days from the date of the resolution, motion or application. (2) Notice of hearing. A notice setting forth the time and the place of a hearing and the nature of the proposed change or amendment shall be given for one publication in one or more newspapers of general circulation in the county where the property is located at least ten days before the date of a public hearing. A fee shall be charged to the-applicant for the advertisement. 84

85 (3) Written notice. If the proposed change or amendment intends to affect (rezone or redistrict) ten or fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Commission, by first class mail, at least ten days before the date of the public hearing, to all owners of property within, contiguous to and directly across the street from the area affected by the proposed change or amendment. Such notice is to be mailed to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. The Development Services Director may assess a fee from the applicant for such a mailing. (4) Notice to Commission. One copy of the proposed change or amendment, together with the text and map pertaining thereto, shall be forwarded to the Commission not later than five days before the public hearing. (5) Notice of request to table or withdraw. Notice of a request to table or withdraw a public hearing shall be furnished to the Development Services Director not less than seven working days prior to the scheduled public hearing, in order to allow sufficient time for notification to contiguous property owners of the request. (6) Staff review. The Development Services Director, together with the Engineer, the County Board of Health and other appropriate agencies or bodies, shall present to the Commission a written report and map(s), where appropriate, including all apparent facts, implications and conclusions concerning the proposed change or amendment. (7) Consideration and recommendations. The Commission shall consider the proposed change or amendment at the scheduled public hearing and at such other meetings deemed necessary and shall make formal recommendations concerning the approval, denial or modification thereof to be considered by Council. (8) Referral to Service Committee of Council Immediately, or within ten days after the public hearing, the Commission shall submit to the Service Committee a recommendation of approval, denial or modification of the proposed change or amendment, including a statement of reasons for such recommendation, and the text and map pertaining thereto. The Service Committee shall review the findings of the Commission and concur or make separate recommendations to Council. (9) City Council hearing date. The City Manager or designee shall set the City Council public hearing date for a zoning amendment. The City Council public hearing may be the first scheduled meeting date after Planning and Zoning Commission public hearing and Service Committee meeting. The meeting date shall not be less than twenty-eight days prior to a scheduled City Council meeting (this time period correlated with the submission deadlines for zoning changes). (e) Council Action. (1) Public hearing required. City Council shall hold a public hearing to discuss and act on the proposed change or amendment of the zoning text or Map following action by the Planning and Zoning Commission and Service Committee. 85

86 (2) Hearing date. The earliest City Council can hold a public hearing concerning a zoning change is the next scheduled public hearing after the Planning and Zoning Commission public hearing and Service Committee meeting. This public hearing can only occur if the public hearing was set not less than twenty-eight days prior to a scheduled City Council meeting. (3) Public notice of hearing. Public notice of the time and place of such hearing shall be published. A summary of the proposed change or amendment in either the zoning text or Map(s) shall be published in a newspaper of general circulation in Fairfield County one time. Notwithstanding any other provision of this Code, the date of publication shall be at least ten days before the date for such hearings. Fees shall be charged to the applicant according to the current fee schedule. (4) Notice to adjacent property owners. In addition, if the proposed amendment or change intends to rezone or redistrict ten or fewer parcels of land as shown and listed upon the tax duplicates, a written notice of such a hearing shall be mailed to the owners of property within, contiguous to and directly across the street from the parcel or parcels intended to be rezoned or redistricted. This notice shall also be mailed to the owners of such parcel and to the addresses of such owners then appearing on the Fairfield County Auditor's or Fairfield County Treasurer's current tax list. The failure to deliver such a notice shall not invalidate any subsequent ordinance, measure or regulation enacted as a result thereof. Fees shall be charged to the applicant according to the current fee schedule. All files pertaining to the proposed action shall be available for public inspection in the Development Services Director's office. Copies may be obtained upon payment of a fee. (5) Public site and time. The public hearing shall be held at such a place within the Municipality. Council may set a common hour for all hearings when more than one hearing is scheduled on the same date, and in this event applications shall be heard in their numerical sequence as set forth in the notice of hearing. At the next regularly scheduled meeting, or within thirty days after the third required reading on the proposed change, Council shall either adopt, deny or remand for reconsideration the recommendation of the Commission. (f) Date of Effect. Any ordinance amending this Code or the Zoning Map(s), or redistricting or rezoning any portion of land within the Municipality, shall become effective as stipulated by Section 2.05 of the Municipal Charter. (g) Withdrawn or Denied Applications. Applications which have been denied on a particular piece of property will not be considered by Council again for a period of one year from the date of the original application. For applications which have been withdrawn, the period for reconsideration on an application not substantially altered is six months. 86

87 APPLICATION TABLING, WITHDRAWAL AND RESUBMITTAL. (a) Any rezoning application or other matter which must be acted upon by the Planning and Zoning Commission may be tabled by the Commission upon the request of the applicant. The applicant shall pay a one-time fee of one hundred dollars ($100.00) per application for such tabling request. Such tabling may be done by the Development Services Director or by the Chairperson if it is submitted in writing prior to the Planning and Zoning Commission's scheduled meeting. If tabling is requested at the Planning and Zoning Commission meeting, the Commission shall consider the impact on those citizens present in ruling on the request to table. (b) Rezoning applications shall be submitted to the Planning and Zoning Commission prior to being considered by the Service Committee. (c) An applicant may not request that a rezoning application be tabled at any Service Committee meeting and such an application shall not be tabled more than once before the Planning and Zoning Commission. (The concern that an application denied by the Planning and Zoning Commission may be later withdrawn, causing unfairness to citizens, is discussed above. Subsection (d), hereof sets up a situation where withdrawal must occur prior to a Planning and Zoning Commission vote on an application. If withdrawal occurs after the Planning and Zoning Commission vote, the resubmittal time limits become effective.) (d) A rezoning application before the Planning and Zoning Commission may only be withdrawn by the applicant prior to the Planning and Zoning Commission's vote on the application. (e) Resubmittals shall be as follows: (1) A withdrawn rezoning application may not be resubmitted and/or revised to the Planning and Zoning Commission for a period of at least six months. A rezoning application which has been previously withdrawn and previously resubmitted and/or revised shall not be resubmitted for at least a twelve-month period. (2) Any rezoning application before any board, committee, commission or Council for action on or relating to a standard zoning district may not be resubmitted for a period of twelve months from the effective date of the denial. (3) Any rezoning application before any board, committee, commission or Council for action on or relating to a planned zoning district may not be resubmitted for a period of twelve months from the effective date of the denial. (f) As used in this section, "denial" means: (1) An application is denied by the Service Committee of Council and the applicant opts not to request Council action. (2) An application fails to achieve Council approval. 87

88 (3) An application approved by Council is vetoed by the Mayor and the veto is sustained. (g) Where other section(s) or table(s) in this Part Twelve - the Planning and Zoning Code are at variance or inconsistent with the provisions of this section, the provisions of this section shall control. FLOW CHART FOR AMENDMENT TO ZONING MAP OR TEXT Ten days notice required P & Z public hearing (May be set by motion or the Development Services Director) Second and third readings Mayor signs vetoes (If signed, becomes effective 30 days from date signed) Must forward to City Planning, Projects and Services within ten days P & Z action (May occur at same meeting as public hearing) First Reading (May occur at same meeting as public hearing Service Committee (On agenda for earliest meeting following P & Z) VARIANCES AND APPEALS GENERALLY. (a) Use Variances Generally. On a particular property, extraordinary circumstances may exist that make strict enforcement of the applicable requirements of this Code unreasonable. Therefore, a procedure for variance from these requirements is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change of the primary use of the land or structure permitted. Variances shall be heard by the Board of Zoning Appeals, except in matters of primary and secondary arterials as stated in Section and in matters of Council variances as stated in subsection (c) hereof. In order for the Board of Zoning Appeals to grant a variance, all of the following conditions must exist: (1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not result from the actions of the applicant and do not apply generally to other land or buildings in the vicinity. (2) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands or structures in the same zoning district. 88

89 (3) Granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development by material detrimental to the public welfare or injurious to private property or public improvements in the vicinity. (b) Area variances. (1) The following factors shall be considered and weighed in the review and the public hearing of an application for variance. A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance; B. 'Whether the variance is substantial; C. Whether the character of the area would be adversely affected or whether adjoining properties would suffer an adverse impact as a result of the variance; D. Whether the variance would adversely affect the delivery of governmental services (e.g., utilities and refuse collection); E. Whether the property owner purchased the property with knowledge of the zoning restriction; F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. (2) No single factor shall be considered a determinative factor, and the factors shall be weighed and balanced in determining whether a variance is warranted. The applicant shall bear the burden of proof that the criteria for a variance have been met and that application of the zoning requirement to the applicant's property would be inequitable. (c) Appeal of Administrative Decisions. (1) Certificate appeal. Any application for a certificate of zoning clearance which has been denied, and any interpretation by the Development Services Director with respect to an order issued pursuant to this Code, shall be subject to appeal to the Board of Zoning Appeals. The Board may uphold, modify or deny the action of the Development Services Director which is taken on appeal. Appeals are intended to address Code interpretation and are not intended to be used in lieu of variances. (2) Administrative appeal. Appeals to the Board may be taken by any person aggrieved or by any officer of the Municipality affected by any decision of the Development Services Director. 89

90 (3) Notice of appeal. Appeals shall be taken within ten days after the decision by filing a notice of appeal, specifying the grounds, with the officer from whom the appeal is taken and with the Board. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action was taken. (d) Variances by Ordinance of Council. When a variance from the provisions of this Code is not permitted by the rules herein, Council may consider a variance from such provisions and may, by passage of an ordinance, vary such provisions as Council may deem appropriate in a particular situation. Fees shall be charged to the applicant according to the current fee schedule APPLICATIONS FOR VARIANCES, APPEALS AND CONDITIONAL USE PERMITS. (a) Time Limit. Two copies of a provided application, accompanied by a copy of the denied certificate of zoning and/or a statement of the reason for the denial or order, shall be filed with the Development Services Director not more than ten days from the date such denial or order is issued. (b) Variances and Appeals. (1) A written statement of the nature of the variance or appeal, including the specific provisions of this Code upon which the variance or appeal is requested, shall accompany the application. (2) The Development Services Director may require formal site plans, building and sign elevation drawings and material descriptions in accordance with the requirements of this Code and/or aesthetic rules and regulations adopted hereunder. (3) The Development Services Director may require a plan review by the Engineer or a designated traffic engineer at the applicant's expense. Such additional plans as may be required shall be furnished. (4) Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals shall be furnished. (c) only: Variances Only. The following shall accompany applications for variances (1) A legal description of the property; (2) A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district; (3) A statement showing that the special conditions and circumstances do not result from the actions of the applicant; 90

91 (4) A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights; and (5) Ten copies of a lot plan, drawn to an appropriate scale, showing the following: A. The boundaries and dimensions of the lot; B. The nature of the special conditions or circumstances giving rise to the application for approval; C. The size and location of existing and proposed structures; D. The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping; E. The relationship of the requested variance to the lot size, bulk and parking requirements; and F. The use of land and the location of structures on adjacent property. (d) Conditional Use Permits. Two copies of the completed conditional use application shall be filed with the Development Services Director. The application shall include the following, as may be required by the Development Services Director: (1) A legal description of the property; (2) The proposed use of the property; (3) A statement of the necessity or desirability of the proposed use to the neighborhood or community; use; (4) A statement of the relationship of the proposed use to adjacent property and land (5) Ten copies of a lot plan, drawn to an appropriate scale, clearly showing the following: A. The boundaries and dimensions of the lot; B. The size and location of existing proposed structures; C. The proposed use of all parts of the lot and structures, including access walks, offstreet parking and loading spaces, and landscaping; D. The relationship of the proposed development to the surrounding properties; and (6) Such other information regarding the property, proposed use or surrounding areas pertinent to the application as required for appropriate action by the Board of Zoning Appeals. 91

92 CONDITIONAL USE PERMITS. (a) A conditional use permit will be issued for all uses identified as conditional uses in this Code when they comply with the regulations of the district in which they are located and also with the provisions of Chapter 1286, as determined by the Planning and Zoning Commission and also with the criteria listed below: (1) Whether the proposed conditional use is a listed conditional use in the appropriate chapter of this Zoning Ordinance for the zoning district in which the property is located. (2) Whether the development standards of the zoning district in which the property is located are being complied with. (3) Whether the proposed use will create an undue burden on public facilities and services such a streets, utilities, schools and refuse disposal. (4) Whether the proposed use will be detrimental to existing and future neighboring uses, and will involve a use, structure or condition of operation that constitutes a nuisance or hazard to any persons or property. (b) All uses not specifically noted as permitted or conditional uses in this Code shall be referred by the Development Services Director to the Planning and Zoning Commission to determine if they are permitted, conditional, or prohibited uses. The Commission shall be guided by a very conservative approach in approving or conditionally approving unmentioned uses. With regards to unmentioned uses, a potential applicant is encouraged to seek legislation wherein a previously unmentioned use becomes a use identified as a conditional use in this Code prior to filing his application. Unmentioned uses may be allowed in districts when they are necessary to protect the health, safety, and welfare of the Municipality as determined by the Planning and Zoning Commission per the application of the standards noted in Chapter PROCEDURE FOR VARIANCES, APPEALS AND CONDITIONAL USES. (a) Planning and Zoning Commission Review. A courtesy copy of the application shall be forwarded to the Planning and Zoning Commission not less than ten days prior to the date of the public hearing concerning the application. The Commission may, by motion of its Chairperson or any two members, hold a meeting to review the application. The Commission may make a recommendation to the Board of Zoning Appeals fit this meeting. If no meeting is called, the Development Services Director, on behalf of the Commission, shall submit a written report to the Board, on or before the date of the public hearing, with his or her recommended approval, modification or disapproval of the variance and the reasons thereof A copy of this report shall be furnished to the Commission and to Council. Fees shall be charged to the applicant according to the current fee schedute. (b) Board of Zoning Appeals Action. The Board shall hold a public hearing and either approve or deny the application for a variance or appeal based on the 92

93 criteria stated in this Code. The Board shall submit a written record of the reasons for its action to the applicant upon request. (c) Administrative Response to Board Action. (1) Zoning certificate. The Development Services Director shall issue a zoning certificate to applicants who have approval from the Board for their application within one year of the date of the final approval of the Board. Written documentation of pennits not approved within thirty days shall be furnished to Council. (2) Building permit. A building permit may be obtained for the development in accordance with the approved plot plan, for those buildings for which the Municipality grants permits INTERPRETATION OF TEXT AND MAP. Upon appeal from a decision by the Development Services Director, the Board of Zoning Appeals shall have the power to decide any question involving the interpretation of the zoning text or Map(s) as set forth in this Code. (a) Decision of Board. In exercising the aforesaid powers, the Board may, in conformity with this Code, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken. (b) Public Information. All communications to members of the Board, written or oral, shall be reduced to writing pertaining to any matter before-the Board and shall be made a part of the record. The record of the Board's proceedings in any matter shall be kept on file in the office of the Development Services Director and shall be available for inspection by the public. (c) Record. For any hearing at which the applicant desires a record to be made, the applicant shall provide a court reporter to make a record at the applicant's expense. In all hearings where no request has been made for a record, the minutes shall serve as the sole transcript of the hearing TEMPORARY ZONING CERTIFICATES. All uses intended to be located in the Municipality for a period of not more than two months shall require a temporary zoning certificate. Such uses include, but are not limited to, circuses, Christmas tree sales, tent sales, etc. Activity conducted pursuant to a temporary zoning certificate shall be conducted and all merchandise displayed in an orderly and safe manner, free from injurious or offensive effects to the occupants of adjacent premises and to the public in general, and shall be effectively screened from adjoining residential property when required by the Development Services Director. 93

94 Each application for a temporary zoning certificate shall be on a form provided by the Development Services Director for that purpose. The Development Services Director shall either approve or disapprove such application within seven days of receipt and shall notify the applicant of the decision. If the application is disapproved, the Development Services Director shall explain in writing the reasons for disapproval. Fees shall be charged to the applicant according to the current fee schedule SIGN PERMITS. All regulations relative to signs are in this chapter and in Chapter PERMITS AND CLEARANCES REQUIRED; VIOLATIONS; INJUNCTIONS. No person shall fail to apply for a permit or clearance required under this Code to erect, construct, alter, repair or maintain any building or structure, or use any land in violation of this Code, or fail to pay for an approved permit or certificate issued under this Code. In the event of any such violation, or imminent threat thereof, the Municipality, or the owner of any contiguous or neighboring property who would be especially damaged by such a violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation ASSESSMENT OF FEES. Council shall, from time to time, upon recommendation of the Development Services Director, prepare an ordinance setting fees for all actions covered by this Code. Council will enact fees by a separate ordinance. This fee schedule shall permit the Development Services Director to waive required fees upon written notification to the Finance Director and agreement of the Chairperson of the Service Committee of Council or the Mayor ENFORCEMENT OFFICER. This Code shall be enforced by the Development Services Director RESPONSIBILITY OF OWNERS OF PREMISES. The owner of premises subject to the provisions of this Code shall be responsible for compliance, with the standards set forth herein. That owner shall remain responsible regardless of the fact that certain responsibilities may also be placed on operators or agents and regardless of any agreement between the owner and anyone else as to who shall assume such responsibilities. The owner shall remain responsible for the elimination of any violation found on the premises, regardless of any agreement between the owner and others. 94

95 RIGHT OF ENTRY. Upon presentation of proper credentials, the Development Services Director or his or her duly authorized representative may enter, at reasonable times, any building, structure or premises to perform any duty imposed on him or her by this Zoning Code. No person shall in any way obstruct, hinder, delay or otherwise interfere with the Development Services Director or his or her duly authorized representative in such an entrance STOP WORK ORDERS. Whenever any work is being done contrary to the provisions of these Codified Ordinances, the Development Services Director may order the work stopped by posting at the work site a printed notice to "Stop Work," signed by the Development Services Director, or by serving a notice in writing to any persons engaged in doing or causing such work to be done. Any such persons shall forthwith stop such work until authorized by the Development Services Director to proceed with the work. Any persons affected by an order of the Development Services Director to stop work may appeal to the Board of Zoning Appeals VIOLATIONS; EQUITABLE REMEDIES. If any structure is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or if any land is or is proposed to be used, in violation of this Code or any amendment or supplement thereto, Council, the Law Director, the Development Services Director or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions or proceedings by notice in writing to be delivered upon such premises to the owner of the premises, and by any other required notice, to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use COMPLIANCE REQUIRED. No person shall erect, construct, enlarge, alter, repair, move, demolish, convert, equip, use, occupy or maintain any building or structure or any portion of any building or structure in the Municipality contrary to or in violation of any provision of this Code or any regulation adopted pursuant to this Code or cause, permit or suffer the same to be done REVOCATION OF ZONING CERTIFICATES. Any zoning certificate issued upon a false statement shall be void, and such false statement shall be deemed a violation of this Code. Zoning certificates issued on the basis of plans and applications approved by the Development Services Director authorize only the use and arrangement set forth in such approved plans and applications, and construction at variance with such authorized use shall be deemed to be a violation of this Code. Whenever the fact of such unauthorized variance in plans or false statement is established to the satisfaction of the Development Services Director, the zoning certificate shall be revoked by notice in writing to be 95

96 delivered to the holder of the void certificate upon the premises concerned. Any person who proceeds thereafter with such work or use without having obtained a new zoning certificate, in accordance with this Code, shall be deemed guilty of a separate violation thereof. Violations shall be punishable as provided in this Code PENALTY; (a) Criminal Penalties. (1) Whoever violates or fails to comply with any of the provisions of this Code or any valid order issued pursuant thereto, for which no penalty is otherwise provided, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (2) Regardless of the penalty otherwise provided in this section, an organization convicted of a violation of or noncompliance with this Code, or any rule or regulation adopted by the Development Services Director or the Planning and Zoning Commission pursuant to authority provided by this Code, shall be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (b) Civil Penalty. The violation of, or failure to comply with, any of the provisions of this Code is hereby declared to be unlawful and, in addition to any other remedy, is subject to the following civil penalty: (1) Any person who violates or fails to comply with any of the provisions of this Code or a valid order issued pursuant thereto, or who fails to bring property into compliance with this Code following the issuance of an order by the Development Services Director, shall be subject to a civil penalty as provided in the fee schedule. Such penalty shall be calculated for each violation from the date when compliance should have been effected, as set forth in the notice of violation, and will run until the violation has been removed. (2) On the date established for compliance, the Development Services Director shall reinspect the property to determine whether each violation contained in the notice of violation has been removed. If the Development Services Director is unable to reinspect the property on the compliance date set forth in such notice, then the person served with the notice may serve upon the Development Services Director an affidavit setting forth the facts showing compliance with the notice and such affidavit shall serve as notice of compliance unless, upon inspection by the Development Services Director, it is found that any or all of the violations set forth in the notice of violation remain uncorrected. If the violation or violations are found to be uncorrected, the affidavit shall be of no effect and the penalty provided herein shall be assessed from the date when compliance should have been effected. 96

97 CHAPTER 1274 Districts Generally and Zoning Maps Official Zoning Districts Map(s). Establishment of zoning districts. Rules for interpretation of the Official Zoning District Map(s). CROSS REFERENCES Division of municipal corporations into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R.C et seq OFFICIAL ZONING DISTRICTS MAP(S). (a) The Zoning Map which has been prepared by the City Engineer and dated September 4, 1990, and is presently available upon request at the City's Municipal Building, is hereby adopted as the Official Zoning Map of the City. (b) The "new" Zoning Map, dated September 4, 1990, shall supersede and replace all previous Zoning Maps adopted by the City ESTABLISHMENT OF ZONING DISTRICTS (a) For the purposes stated in this Code, the incorporated territory of the Municipality, subject to this Code, is hereby divided into fourteen base zoning districts, as follows: AGR Rural Residential District R1 Residential District R2 Residential District R3 Residential District R4 Residential District R6 Residential District R10 Condominium/Apartment Residential District Cl Neighborhood Commercial District C2 Central Business/Mixed Use District O Suburban Office District C3 Community Commercial District C4 Highway Commercial District Ml Restricted Industrial District M General Industrial District (b) Optionally, as approved pursuant to Chapter 1282, Planned Districts may be approved. (c) Existing zoning districts or other areas, as of the effective date of this Code, shall be assigned by the Development Services Director to that designation which most closely resembles the new district designation. This determination may be appealed to the Board of Zoning Appeals. There shall be a ninety-day period for filing such appeals, after which the Development Services Director's classification shall be final. 97

98 RULES FOR INTERPRETATION OF THE OFFICIAL ZONING DISTRICT MAP(S). (a) Boundaries. The Official Zoning District Map(s) and all notations and references and other matters shown thereon shall be and are hereby made a part of this Code. Such Zoning Map(s), properly attested, shall be and will remain on file in the office of the Development Services Director. (b) Streets. Zoning`districts extend to the middle of the adjacent street, alley or public right of way, unless specifically excepted by ordinance or by the Official Zoning District Map(s). (c) Automatic Classification. In every case where territory has not been specifically included within a district, or where territory becomes a part of the incorporated area of the Municipality by annexation, such territory shall automatically be classified as Residential District (R-2) until otherwise classified by ordinance. Council may designate zoning as part of an ordinance accepting an annexation. The property owner may initiate a rezoning within sixty days of the acceptance of annexation and the fee shall be waived for this rezoning action. 98

99 CHAPTER 1276 Residential Districts Rural Residential District (AGR) Residential District (R1) Residential District (R2) Residential District (R3) Residential District (R4) Residential District (R6) Condominium/ Apartment Residential District (R10) Planned Residential District Density requirements and permitted uses Required site and building dimensions Accessory and conditional uses Average front yard setbacks Double frontage lots Corner lots Accessory uses in front yards Fences Animal enclosures Home occupations Height limitation Additional requirements for conditional uses Supplementary regulations Off-street parking and loading Building design in a Residential District (R6) Residential building design standards Portable, On-Demand Storage Devices ("POD") RURAL RESIDENTIAL DISTRICT (AGR). The Rural Residential District (AGR) is intended to provide space in the Municipality for agriculture and related uses and to allow for undeveloped open space. Land best suited for this District includes those sections of the Municipality that are prime farmland and in outlying areas 99

100 and/or land that has significant natural features such as wetlands, forest, hillsides and other open spaces that should be preserved. (a) Permitted Uses (1) Agriculture (2) Single-Family Dwelling (b) Conditional Uses (1) Agricultural Storage Processing (2) Animal Clinic without Boarding (3) Athletic Fields (4) Auditorium (5) Cemetery (6) Religious or Public Assembly (7) Communication Telecommunications Equipment (8) Community Center (9) Day Care (10) Detached Garages (11) Golf Courses (12) Noncontinuous Foundation Buildings (13) Professional and Business Offices (14) Elementary and Secondary Schools (15) University/College/Seminary /Vocational) (16) Wholesale Business (17) Wireless Communications (c) Site Development Requirements in the Rural Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied. 100

101 RESIDENTIAL DISTRICT (R1). The Residential District (R1) is intended to provide space in the Municipality for lowdensity, single-family detached residential development. Land best suited for this District includes those sections of the Municipality that may have natural features, such as wetlands and hillsides, that may pose development problems, and land that may or may not be served by public water and sewer services. The density in this District shall not exceed 1.0 unit per acre. (a) Permitted Uses (1) Single-Family Dwelling (b) Conditional Uses (1) Athletic Fields (2) Auditorium (3) Cemetery (4) Community Center (5) Religious or Public Assembly (6) Day Care (7) Detached Garages (8) Golf Courses (9) Noncontinuous Foundation Buildings (10) Elementary and Secondary School (11) University/College/Seminary/Vocational (12) Wireless Communications (c) Site Development Requirements in the R1 Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied RESIDENTIAL DISTRICT (R2). The Residential District (R2) is intended to provide space in the Municipality for lowdensity, single-family detached residential development. Land best suited for this District includes those sections of the Municipality that pose few natural barriers to development. Land in this District shall be served by public water and sewer services. The density in this District shall not exceed 2.0 units per acre. 101

102 (a) Permitted Uses (1) Single-Family Dwelling (b) Conditional Uses (1) Athletic Fields (2) Auditorium (3) Community Center (4) Religious or Public Assembly (5) Day Care (6) Detached Garages (7) Elementary and Secondary School (8) Golf Courses (9) University/College/Seminary/Vocational (10) Wireless Communications (c) Site Development Requirements in the R2 Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied RESIDENTIAL DISTRICT (R3). The Residential District (R3) is intended to provide space in the Municipality for lowdensity, single-family detached residential development. Land in this District shall be served by public water and sewer services. The density in this District shall not exceed 2.0 units per acre. (a) Permitted Uses (1) Single-Family Dwelling (b) Conditional Uses (1) Athletic Fields (2) Auditorium (3) Community Center (4) Religious or Public Assembly 102

103 Day Care Detached Garages Elementary and Secondary School Golf Courses University/College/SeminaryNocational Wireless Communications (c) Site Development Requirements in the R3 Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied RESIDENTIAL DISTRICT (R4). The Residential District (R4) is intended to provide space in the Municipality for medium-density, single-family detached residential development and customary supporting residential facilities as conditional uses. Land in this District shall be served by public water and sewer services. The density in this District shall not exceed 2.0 units per acre. (a) Permitted Uses (1) Single-Family Dwelling (b) Conditional Uses (1) Athletic Fields (2) Auditorium (3) Community Center (4) Religious or Public Assembly (5) Day Care (6) Detached Garages (7) Elementary and Secondary School (8) Golf Courses (9) University/College/Seminary/Vocational (10) Wireless Communications 103

104 (c) Site Development Requirements in the R4 Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied RESIDENTIAL DISTRICT (R6). The Residential District (R6) is intended to provide space in the Municipality for medium-density, single- or two-family, zero lot line, patio, row house, and multifamily as a conditional use. Land in this District shall be served by public water and sewer services. The density in this District shall not exceed 2.0 units per acre. (a) Permitted Uses (1) Single-Family Dwelling (2) Two-Family Dwelling (3) Zero-Lot Line Dwellings (b) Conditional Uses (1) Athletic Fields (2) Auditorium (3) Community Center (4) Religious or Public Assembly (5) Day Care (6) Detached Garages (7) Golf Courses (8) Hospitals (9) Elementary and Secondary School (10) University/College/Seminary/Vocational (11) Wireless Communications (12) Multi-family (c) Site Development Requirements in the R6 Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied. 104

105 CONDOMINIUM/APARTMENT RESIDENTIAL DISTRICT (R10). The Condominium/Apartment Residential District (R10) is intended to provide space in the Municipality for high-density, two-, three- and multifamily residential development and also for zero lot line, patio and row house development. Land in this District shall be served by public water and sewer services. The density in this District shall not exceed 2.0 units per acre. (a) Permitted Uses (1) Single-Family Dwellings (2) Two-Family Dwelling (3) Three-Family Dwelling (4) Multi-Family Dwellings (5) Zero-Lot Line Dwelling (6) Row House Dwellings (7) Multi-Family Dwellings (b) Conditional Uses (1) Athletic Fields (2) Auditorium (3) Community Center (4) Religious or Public Assembly (5) Day Care (6) Detached Garages (7) Golf Courses (8) Hospitals (9) Elementary and Secondary School (10) Nursing Homes (11) University/College/Seminary/Vocational (12) Wireless Communications 105

106 (c) Site Development Requirements in the R10 Residential District area: All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied PLANNED RESIDENTIAL DISTRICT. (a) All base Residential District regulations shall apply to these planned districts with the exception of those specifically discussed below. (1) Permitted Planned Uses. All uses that are permitted by right or as conditional uses in the base Residential District shall be permitted in the Residential Planned District, based on the review and approval of the development plan, when actual development or occupancy of existing planned development occurs. (2) Density Allowances. The density of the base Residential District may be increased in the Residential Planned District to those amounts indicated on the planned residential charts. Density per acre is per gross land area. Lot density is net, excluding streets and rights of way. (3) Specific Requirements. Yard, lot width, coverage, lot size, height and parking requirements are in the planned residential charts. (b) Mandatory Requirements in Residential Districts. All of the following requirements shall be complied with: (1) Open Space. There shall be reserved, within the tract to be developed on a planned basis, a minimum land area of up to twenty percent of the entire tract (excluding streets), for use as common open space. Twenty percent open space is a firm goal; however, the total open space may be as low as fifteen percent, subject to the site constraints and approval of the Planning and Zoning Commission. No more than forty percent of this open space shall be water surface and not more than forty percent of the open space shall have a slop of fifteen percent or greater, except as otherwise provided in subsection (c) hereof. This common open space shall not consist of isolated, linear strips or fragmented pieces of land, unless such pieces join to form a useful amenity such as a walking trail or bike path. Included in this common open space may be such uses as pedestrian walkways, parkland, open areas, swimming pools, clubhouses, tennis courts and other lands of essentially open character, exclusive of off-street parking areas. All land shown on the final development plan, as specified in this chapter, as common open space, shall be preserved perpetually for use as common open space under one of the following options: A. It may be conveyed to the Municipality, which may agree to maintain the common open spaces and any building, structures or improvements that have been placed on it. The Municipality reserves the right to accept, modify or reject such conveyances. B. It may be conveyed to trustees, provided there is an indenture establishing a neighborhood association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees, subject to covenants to be approved by the Planning and Zoning Commission restricting the common open space to uses 106

107 specified on the final development plan and providing for the maintenance of the common open space in a manner that assures its continuing use for its intended purpose. A copy of the association's by-laws, together with proof of incorporation with the Ohio Secretary of State, shall be furnished. Such by-laws shall provide that the association shall maintain an escrow account, funded by an initial deposit upon purchase of a lot/home equal to one year's dues, in order to meet its obligations for the common area features, should the association cease to exist. In order to have a manageable association, no such association shall usually contain more than 350 homes. The final size shall be determined by the Director of Planning and Zoning. Each such association shall be required to have a professional management company run the day-today operations of the association, with the association's Board of Trustees and officers to guide such management. C. It may be retained by the owner or developer of the site so long as the owner or developer is actively engaged in doing business on the site. If the project is sold out or if no single owner controls less than twenty-five percent of the site, then the options set forth in paragraphs (1)(A) or (1)(B) hereof must be taken. No common open space shall be put to any use not specified in the final development plan unless the final development plan has been amended to permit such use. However, no authorized change of use may be considered as a waiver of any of the covenants limiting uses of common open space areas, and all rights to enforce these covenants against any permitted use are expressly reserved to the Municipality. (2) Perimeter Treatment. The exterior boundary lines of the planned district shall be buffered with landscaping in such a manner as the Planning and Zoning Commission deems appropriate to screen it from the adjacent uses and to ensure compatibility. Where adjacent uses are equal or similar, the Commission may waive pertinent buffering and/or landscaping. (3) Preservation of Natural Features. Where significant natural features, such as trees, streams, ponds, wildlife habitat or other unique landscape features, are present on the site, they should be preserved wherever possible. These areas may fulfill the open space requirements where specified criteria are met. Hills, escarpments and other inaccessible features may be included as open space upon the recommendation of the Commission. (4) Preservation of Historic Structures. Where significant historic structures, such as bridges, stone walls, buildings, burial grounds or archeologically significant sites are present on the site, they should be preserved wherever possible. If a dispute arises, verification of historic or archeological significance shall be determined by an appropriate expert selected by the Development Services Director. The applicant shall pay the fee for such expert. These areas may fulfill the open space requirements where specified criteria set by the Commission are met. (c) Flexible Requirements in Residential Districts. Two or more of the following requirements shall be complied with: (1) Public Open Space. The provision of required open space for general public use shall be designated, provided it is active recreation space or passive recreation space equipped with the appropriate picnic tables, benches and other outdoor furniture. This public open space must also provide easy access and circulation for public use. 107

108 (2) Bikeways. The provision of linear bikeways along waterways or through wooded areas shall be designated to allow access to the public. These passageways shall be appropriately paved, landscaped and marked. Bikeways shall be paved and the width shall be at least eight feet unless site constraints require a narrower width. (3) Community Center. A community center building shall be provided for use by the residents of the development and/or the general public. It shall include meeting space and indoor recreational space and may include day care facilities. (4) Community Swimming Pool. A community swimming pool shall be provided for use by the residents of the development and/or the general public. It shall include a bathhouse. (5) Innovative Open Space. An area devoted to active or passive recreation of the intensity and scope of the requirements set forth in subsections (1) through (4) hereof may be proposed as a flexible requirement and may be approved as such by the Planning and Zoning Commission. 108

109 (d) Planned Residential Density Bonus Maximums. Use Single- Family Dwelling District Where Use is Permitted R1 R2 R3 R4 R6 R10 X Maximum Density per Acres' Maximum Lot coverage Minimum Lot Size (per dwelling unit) 25% 37, X % 18,000 X % 11,000 X % 8,500 X % 5,250 X % 3,300 45% 4,800 Two- Family Dwelling X 2.0 Three- Family Dwelling X Row House Dwelling X 2.0 Multifamily Dwelling X 2.0 X % 3,200 45% 3, % 3,300 45% 3,300 (e) Planned Residential Dimension Bonus Maximums. Use Single-Family Dwelling Two-Family Dwelling Minimum Setback Minimum Dwelling Minimum Lot District Where Use is Permitted Requirements Size Frontage R1 R2 R3 R4 R6 R10 Front Side Rear 2 Sty. 1 Sty. X ,400 2, X ,000 1, X ,800 1, X ,700 1, X ,500 1, X ,350 1, X ,200 1, X ,200 1, ,200 1, Three-Family Dwelling Row House X 25 * 25 1,150 1,150/ Dwelling Condominiums X ,150 1,150/ Apa linents X ** 650**

110 Setback required by Building Code. ** 1,150 square feet is the minimum requirement for three-bedroom apartment units. (f) The process for obtaining approvals in the Planned Residential District shall be that set forth in Chapter 1282 of the Pickerington Codified Ordinances. 110

111 DENSITY REQUIREMENTS AND PERMITTED USES. Minimum Lot Area Per Dwelling Districts Where Uses are Permitted Maximum Maximum Lot Coverage2 AGR R1 R2 R3 R4 R6 R10 Per Acre (Whichever is Type of Use Density' 3" Greater) Unit Agriculture X N/A N/A N/A N/A X.2 10% 21,780 5 Acres Single-Family Dwelling Two-Family Dwellings Three-Family Dwellings Zero Lot Line Dwellings X % 8,700 1 Acre X % 5,000 20,000 X % 4,000 12,500 X % 3,400 10,000 X % 2,700 6,700 X % 2,700 4,000 X % 2,700 6,000 X % 2,700 3,800 X % 2,700 3,800 X % 2,700 6,700 X % 2,700 4,000 X % 2,700 3,800 Row House Dwellings Multifamily X % 2,700 3,800 Dwellings (1) Gross land area less dedication for arterial road right of way. (2) Net land area after dedication of all vehicular right of way. (3) Per unnumbered initiated ordinance passed November 5, 2002, effective December 8, 2002, which stated, "all land being developed for residential/multifamily purposes that is not currently subject to an approved final plat shall be developed at a-density of up to two residential units per acre, multiplied by the number of contiguous acres in the project." 111

112 REQUIRED SITE AND BUILDING DIMENSIONS. Districts Where Uses are Permitted Minimum Setbacks Minimum Dwelling Sizes Type of Use AGR R1 R2 R3 R4 R6 R10 Front Side Rear 2 sty. 1 sty. Width Agriculture X N/A2 N/A2 100 Single-Family X N/A2 N/A2 150 Dwelling Two-Family Dwellings Minimum Lot X ,650 2, X ,300 1, X ,100 1, X ,850 1, X ,600 1, X ,500 1, X ,400 1, X ,350 1, Three-Family Dwellings X ,300 1, Zero Lot Line Dwelling X 30 * 301 1,600 1, Row House X 30 * 30 1,200 1, Dwellings Condominiums X ,200 1, Apartments X , * Setback required by Building Code (1) May be "0" if buildings are clustered on three or more lots. (2) To be established by the Planning and Zoning Commission. (3) 1,200 square feet is the minimum requirement for three-bedroom apartment units. 112

113 ACCESSORY AND CONDITIONAL USES. Districts Where Uses are Allowed Maximum Lot Maximum Minimum Lot Minimum Setbacks (feet) Minimum AGR RI R2 R3 R4 R6 RIO Coverage Height of Structures Area Front Side Rear Lot Frontage Type of Use (feet) (feet) Accessory Uses Home occupation X X X X X X X * Farm markets X 25 * Grain Silos X ** ** Family tennis X X X X X X X courts Family X X X X X X X ** ** 10 swimming pools Outdoor Kitchens X X X X X X X ** ** 10 Decks X X X X X X X * ** 10 Fire Pits X X X X X X X ** ** 10 Satellite dishes X X X X X X X 12 ** 10 under 3 feet in diameter Noncommercial X X X X X X X * 35 ** ** 10 antennas Conditional Uses Detached X X X X X X X 15 ** 5 5 garages Day care centers X X X X X X X Elementary X X X X X X X 45% 45 3 acres schools Jr. middle/sr. X X X X X X X 45% 45 3 acres high schools Universities X X X X X X X 45% acres Churches X X X X X X X 45% 35 3 acres Nursing homes X 40% acres Animal clinics 20% 20 5 acres Agricultural X 40% 45 5 acres storage areas Athletic fields X X X X X X X 20 5 acres Community X X X X X X X 40% 2 acres center Golf courses X X X X X X X 5acres (PH) Auditoriums X X Commercial antennas X * Requirements for principal use apply. ** Not permitted in this area. * * * Satellite dishes less than twenty inches in diameter are not regulated, except for setback requirements, and do not require a permit for installation. 113

114 AVERAGE FRONT YARD SETBACKS. No front yard setback depth shall be required to exceed the average minimum depth of the existing front yards on the lots adjacent to each side if each of such lots is within the same block and within 100 feet of the subject site. No structure shall be located forward of such average depth of existing structures. ROAD I I A I, A L Yard Solbaok Paeoirrhornt Lott I Lot 2 Lot DOUBLE FRONTAGE LOTS. Where lots have a double frontage, the required front yard shall be provided on both streets. _flireit -Of -WILY I MI PROrEPITYJI LINE L- 1 ;Side 'Yard STREET I. ant Yard Lot i r ' ;Font Yard I,a11:tac4 Reaukarnants STREET I Ede, Yard i CORNER LOTS. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side. When a street intersects with a private driveway, one yard shall be considered a front yard and one yard shall be considered a side yard. The buildable width of a lot shall not be reduced to less than forty feet. 114

115 1 la 126 g A MEET ids I " J I It_ P tied a 3 wettriiiik - PROM cul I 4, I hie ACCESSORY USES IN FRONT YARDS. No accessory use or building shall be located in the required front yard FENCES. (a) Fences are permitted in the side and rear yards only. (b) In the case of a corner lot, one side will be designated as the primary front yard, i.e. the principal front of the building, and the second side will be designated as the secondary front yard. Fences shall be permitted in up to fifty (50) percent of the required setback of the secondary front yard. (c) All fences must be constructed so that the finished side faces out and the unfinished side faces the property on which the fence is built. (d) Fences shall be a maximum of six (6) feet in height. The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. (e) Permitted fence materials are wood, stone, wrought iron, brick, vinyl and PVC (polyvinyl chloride). (f) Fences may be located on property lot lines ANIMAL ENCLOSURES. Any structure or building for the keeping of more than five domestic animals shall be at least 100 feet from all property lines HOME OCCUPATIONS. (a) The intent of the home occupation provisions is to allow minimal business practices within residential zoning districts. Further, the intent is to protect the district's character or function. 115

116 (b) Permitted home occupations as defined by this Code shall be clearly incidental to the residential use of the unit and operate with the following limitations: (1) The occupation shall take up less than twenty-percent of the total area of the dwelling. Unheated square footages shall not be used in conducting a home occupation or in determining square footage allowed. (2) Only commodities produced on the premises and items accessory thereto shall be sold on the premises. (3) There shall not be any exterior, interior, structural, or aesthetic alterations to the dwelling unit to accommodate the home occupation that changes the residential character of the dwelling unit. (4) No business practice, function, equipment, or process used in any home occupation shall create offensive odors, noise, vibration, light, heat, humidity, radiation, glare, electronic interference, smoke, or other particular matter, fumes, or anything that constitutes a nuisance or safety hazard beyond the property lines of the dwelling unit. (5) Only family members residing in the home and one non-family member may be employed. (6) There shall not be any exterior storage or display of products, equipment, or materials used in connection with the home occupation. (7) No evidence of any home occupation shall be visible from off the lot where it is conducted except for a single identification sign of not more than two square feet (see Sign Code Chapter 1292). (8) The home occupation shall not generate traffic greater in volume than normal for a residential neighborhood. The number of deliveries, pick-ups, or general destination trips or customer/client visits relating to the nonresidential use of the property shall not exceed 6 per day. All automobiles used by customers in connection with the home occupation shall be parked in the driveway. (9) The home occupation shall not demand increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical systems beyond what is the average for a residence HEIGHT LIMITATION. No structure in a Residential District shall exceed thirty-five feet in height unless otherwise specified in this Code ADDITIONAL REQUIREMENTS FOR CONDITIONAL USES. Conditional uses shall be subject to the additional requirements set forth in Chapter

117 SUPPLEMENTARY REGULATIONS. All uses shall be subject to the additional requirements set forth in Chapter 1296, as appropriate OFF-STREET PARKING AND LOADING Parking and loading spaces are subject to the additional requirements set forth in Chapter BUILDING DESIGN IN A RESIDENTIAL DISTRICT (R6). Each dwelling, manufactured home or principal building in a Residential District (R6) shall be designed to meet the following criteria: (a) Its minimum width shall be at least twenty feet for at least fifty percent of its length, and its minimum length shall be at least twenty feet for at least fifty percent of its width. (b) It shall have a garage of at least 385 square feet. The garage shall be designed to be architecturally compatible with the principal building or manufactured home. The City Manager or the designee of the City Manager shall determine whether a design is compatible. (c) All roofs shall be double pitched at least four feet vertical for each twelve feet horizontal measurement. All roofs shall be covered with conventional roofing material that is residential in appearance and character, including, but not limited to, dimensional shingle, slate, or standing seam. (d) The exterior siding shall be residential in appearance and character, including, but not limited to, brick, stone, stucco, clapboard, simulated clapboard of metal or vinyl, wood shakes, shingles or similar material, but excluding smooth, textured, ribbed or corrugated metal or plastic panels. (e) Each dwelling, principal building or manufactured home shall be designed so that it has a front entrance and front facade facing upon a public street and shall meet all setback, lot size, side yard and minimum living space requirements, and all other requirements of this Zoning Code and of the Building and Housing Code. 117

118 ILLUSTRATIVE YARD AND AREA REQUIREMENTS FOR ACCESSORY STRUCTURES EXAMPLE: Detached garage in the rear yard In a single family district. Example 1 LOT SLILDABLP APIA DETACHED GARAGE 'SETBACK REQUIREMENTS Fri clptl Struct;Na Example 2 LOT BUILDABLE AREA SETBACK REOUIREMENTS Principal 25% MAXIMUM LCIT COVERAGE INCLUDES HOER STPLCTURES MODIFICATION FOR ACCESSORY STRUCTURES IT REAR LOT LINE DETACHED GARAGE 25% MAXIMUM LOT COVERAGE INCLUDLS BOTH STRUCTURES Kira hmaad!-1541.) RESIDENTIAL BUILDING DESIGN STANDARDS. (a) Purpose. The Residential Development Building Design Standards and criteria are hereby established for the following purposes: (1) To establish and enforce a set of criteria applicable to all residential developments that ensure that future residents of the City of Pickerington are provided a minimum level of quality for their respective neighborhoods. (2) To provide clear policy direction and standards to the development community that ensures that the City improves its quality of life through a set of consistent standards for residential development. (3) To enhance the value of private property and a sound investment climate through the establishment of consistent design criteria. (4) To protect the public's health, safety, and general welfare through a set of citywide design criteria that encourage a consistent quality in all neighborhoods and residential developments. (5) To allow architectural creativity and compatibility with surrounding housing conditions is recognized and encouraged. 118

119 (6) Exceptions to the standards set forth in this section shall be considered by the Board of Zoning Appeals. (b) Applicability. The following establishes the applicability of this section. (1) Residential Building Design Standards shall apply to zoning certificates for single-family, two-family, and multi-family buildings. The Residential Building Design Standards shall be effective for all residential buildings at the earliest period authorized by law after City Council approval. (2) This section shall not apply to residential buildings existing at the effective date of this section. (3) The requirements of this section shall not apply to additions and modifications to residential buildings existing at the time of passage of this section. (4) This section shall not apply to residential buildings existing at the effective date of this section damaged or destroyed by fire, explosion, flood, or other acts of God. (c) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "Chimney" A primary vertical structure containing one or more flues, for the purpose of carrying gaseous products of combustion and air from a fuel-burning appliance to the outside atmosphere that extends above the roof line and is supported by an approved foundation. (2) "Chimney, bay." A chimney with a cantilever base that does not extend above the roof line. Also known as shed house or dog house style chimney (3) "Composition board (hardboard)." A board made up of wood fibers and resins to Rum a sheet or simulated board to be used as an exterior siding. (4) "Corbel." A course or unit of masonry that projects beyond the course below. A "corbel" may be used entirely for decoration or for a ledge to support a load from above. (5) "Cornice." ceiling. A. An ornamental molding of wood or plaster that encircles a room just below the B. An ornamental topping that crowns a structure. C. An exterior ornamental trim at the meeting of the roof and wall. This type of cornice usually includes a bed molding, a soffit, a fascia, and a crown molding. (6) "Dentil work." Square tooth-like blocks used as ornamentals under a cornice. 119

120 (7) "Elevations." For the purposes of this section, "elevations" shall exclude all openings, such as windows, doors and garage doors in applying exterior materials. (8) "Header." A. A lintel. B. A member extending horizontally between two supports. ends. C. A rectangular masonry unit laid across the thickness of a wall, so as to expose its (9) "Keystone." The usually wedge-shaped uppermost, hence last, set stone or similar member of an arch, whose placement not only completes the arch but also binds or locks its other members together. May be used above a door or window in a horizontal lintel for decoration. (10) "Natural materials." For the purposes of this section, "natural materials" shall exclude vinyl and aluminum siding. "Natural materials" shall include wood, brick, stone and stucco, including synthetic products, EFS, and fiber cement lap siding (e.g. hardie plank siding, weather boards, etc.). (11) "Residential developments." For the purposes of this section, "residential developments" shall include single-family and two-family subdivisions, multi-family developments whether rental or owner-occupied, and developments consisting of a mix of unit types. (12) "Rowlock course." A course of brick units set on side with the short, narrow face vertical on the wall face. (13) "Shingles, dimensional." Shingles cut to a unifoini size, usually five inches or six inches wide, and used for special architectural effects. (14) "Shingles, slate." A roof shingle made from a fine-grained metamorphic rock or composite shingle made from slate and resin. (15) "Shingles, standard." A roof covering made from asphalt or asphalt/fiberglass, generally 36-inches wide and consisting of three 12-inch non-dimensional tabs. (16) "Standing seam roof." A seam, in sheet metal and roofing, made by turning up two adjacent edges and folding the upstanding parts over themselves. (17) "Soffit." The underside of a part or member of a structure, such as a beam, stairway, or arch. (18) "Soffit board." A board that forms the soffit of a cornice. 120

121 (19) "Soldier course." A course of brick units set on end with the long, narrow face vertical on the wall face. (20) "Trim." Trim materials are used to trim various components of a residential structure, such as windows and doors. They are not the dominant siding material on a building elevation. (21) "Vinyl siding contractor grade." PVC siding typically with a thickness of.040 inches or less. (22) "Vinyl siding higher end." PVC siding with a thickness of.044 or more. (23) "Window, architectural." A window that by its design adds an ornamental feature to the home. These windows will be accented by such elements as an arch, circle, flex frame (angles), elliptical, stained or beveled glass, shutters, or grid work. (24) "Window, standard." Square or rectangular frame with no features mentioned in the architectural window defmition. (25) "Wood fiber composites." See "composition board" as defined in this section. (d) Residential Building Design. (1) Residential Exterior Standards. Residential Exterior Standards establish minimum residential exterior standards by zoning district. These standards shall be enforced prior to the issuance of a zoning certificate and reviewed prior to final occupancy permit. The builder shall document compliance with these requirements for each individual structure on a building elevation, which shall be submitted with the zoning certificate. These standards arq minimum appearance standards applicable to all houses in all districts, except as may be specifically approved as part of a planned unit overlay district or otherwise approved by the Board of Zoning Appeals. A. Preferred natural materials: 1. Brick and stone veneer, including brand name synthetic stone, are preferred as natural materials on front elevations. corners. products: 2. Changes in material should occur at interior corners and not at exterior B. Prohibited materials; this does not include hardie plank siding and similar 1. Composition board or primed hardboard, except as trim. 2. Wood fiber composites. 3. Plywood (except for soffits and porch ceilings). 121

122 C. Architectural features. The following architectural features are acceptable instead of windows on rear and side elevations to break up large wall expanses: fireplaces, chimneys, garages, doors, windows, faux windows, quoins, cornices, change in roof line, special brick coursing and other features deemed appropriate by City staff. D. Shutter yaks. Must occur at least on all the single and double-wide windows of any vinyl-sided, wood or fibrous cement siding elevations facing public streets, where wall area permits them unless window trim is used. Shutters or window trim is not required on elevations comprised of brick or stone. Shutters shall be full height and at least one-half the width of the single or one-quarter the width of the double window. Shutters used to meet the normal window trim requirements may count towards these requirements, except in the case of operating shutters. E. Garages. Detached accessory garages shall be of similar style, color, and material selection as the primary building. In meeting the standards for front elevation minimum materials, attached garage doors shall not be included in the calculations. Side or rear loaded garages are strongly encouraged F. Front elevation natural material calculations. Windows, doors and attached garage doors shall be excluded in the calculations for determining minimum natural materials percentages on front elevations. 122

123 TABLE 1 RESIDENTIAL EXTERIOR STANDARDS Criteria AGR R-1 R-6 R-10 Criteria AGR Through R- 6 Districts (Single Family) Two Family (a) Front elevations (Variance allowed up to 5%) (1) Minimum 100% all natural materials (2) Minimum 75% all natural materials (3) Minimum 50% all natural materials (4) Minimum 35% all natural materials (5) Minimum 25% all natural materials (b) Side and rear elevations (Variance allowed up to 5%) (1) Minimum 100% all natural materials (2) Minimum 25% all natural materials (3) Minimum 50% all natural materials (4) Minimum 15% all natural materials (5) No minimum natural materials (c) Vinyl siding (1) Higher End (0.44 minimum thickness) (d) Windows required on all elevations, with the possibility of substituting other Yes Yes Yes Yes Multi-family (Zero Lot Line, Three-Family, Condominiums, Row Houses, Apartments) Yes Yes Yes Yes Yes Yes Yes Yes Yes 123

124 architectural features to break up large wall expanses (1) Architectural windows: one such window on front elevation required (2) Standard Optional Yes Optional Yes Yes Yes Yes Yes windows (e) Shingles (1) Dimensional Yes Yes Yes Yes (2) Slate Optional Optional Optional Optional (3) Standing Seam Optional Optional Optional Optional (f) Chimneys (does not include bay chimneys) (1) Stone/masonry veneer including synthetic stone to grade (g) Exterior trim (1) Overhangs/soffits: minimum 8 inches wide minimum 4 inches wide on dormers. (2) Return soffits: To match overhang (3) Window trim: minimum inches nominal or shutters pairs. Window trim not required on brick or stone elevation. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes (h) Doiiners Optional Optional Optional Optional (i) Main roof pitch minimum 6:12 (porches, garages, bay windows, etc. are not included) (1) Minimum 6:12 Yes Yes Yes Yes Yes = Required Optional = Recommended Blank = Not Required 124

125 (2) Scale of multi-family buildings. Multi-family buildings shall be designed to minimize the scale. This shall be accomplished in one of the following ways: A. When facing single-family homes, each segment of the front facade shall be within 10% of the average width of those structures. B. The facade shall be articulated in different planes to reduce the apparent mass of the building. C. A one-story porch or similar element can be provided to define the front door and entrance of the building and to break-up the front elevation. D. Sloping roofs such as gable and hipped roofs shall be the primary roof form. (3) Colors. The exterior finishes of residential buildings are encouraged to be muted warm earth tones. Complimentary trim colors are encouraged. Developments in which vinyl siding is to be used, developers/builders are encouraged to provide a broad range of siding colors to create an interesting and diverse streetscape. (4) Landscaping. A. Single-family dwellings. For on-site landscaping, the developer/builder shall install for each of the following: 1. Four trees with a minimum caliper of two and one half inches (select from shade trees, ornamental trees and evergreens). Street trees are excluded for purposes of this section. 2. Eight shrubs. a. Two large deciduous shrubs (30 to 36 inches) b. Two deciduous shrubs (18 to 24 inches) c. Four evergreen shrubs (18 to 24 inches) 3. Minimum mulch bed square footage shall be 2.5 times the lot width. The mulch beds shall be located in the front yard and are permitted to extend around the corner of the house. Landscaping should include accent plants, and shrubs. B. Two-family and multi-family buildings. For on-site landscaping, the developer/builder shall install in clusters that break up the building facade. The following plant material for each 50 linear feet of building face: one deciduous tree, one evergreen tree, two ornamental trees, and ten shrubs (three five-gallon, three two-gallon, and four one-gallon) in bark mulch beds. C. Yards. All yards shall be seeded or sodded in residential developments. 125

126 D. Ground-mounted private utility boxes. Ground-mounted private utility boxes (such as electrical, telephone, and cable services) that are permitted to be placed outside of the rear yard shall be placed in the side yard at a minimum of 10 feet to the rear of the front elevation of the home. Such utility boxes shall be screened on all sides with evergreen shrubs planted at a minimum height of 24 inches and placed at appropriate location in relation to the utility box. If multiple boxes are required, they shall be placed in a cluster and screened to the same standard as noted above. The exterior of all utility boxes shall be neutral in color PORTABLE, ON-DEMAND STORAGE DEVICES ("POD") (a) Restrictions. All Portable, On-Demand Storage Devices (POD) must comply with the following: (1) POD shall only remain on a property for a period of 30 days from the date of installation. (2) PODs are only permitted on a lot containing a lawfully existing residential dwelling. (3) Only one POD shall be placed on a lot at one time. (4) PODs must be located on a paved area or gravel area unless located on a residential construction project where a driveway is not yet installed, in which case the POD shall be located in the proposed driveway location. (5) PODs shall be located entirely on the owner's lot as close to the residence as possible, not blocking any site lines. (6) No part of any POD shall be located on any public property or in the right-of-way. (7) Any POD constructed, erected or placed upon property shall comply with all applicable provisions of the Codified Ordinances of the City of Pickerington. (b) Extension. The 30 day limitation set forth in subsection (a) herein may be extended upon approval of the Development Services Director or his/her designee, for good cause shown, provided that the applicant has complied with the requirements of this chapter. (c) Exceptions. The Development Services Director or his/her designee, in the event of emergencies, such as floods, wind storms, fires, or other natural disasters, and man-made disasters, such as sewage back-ups, water leaks, electrical overloads and other similar events beyond the control of the property owner or resident may relax the enforcement provisions of this chapter to make reasonable allowances for the extension of time periods, limits on number of containers, locations of containers on property, and other appropriate waivers where necessary to assist in recovery, restoration, mitigation of further damage and construction efforts. (d) Enforcement. This chapter may be enforced by the Development Services Director or his/her designee or any member of the Police Department. 126

127 CHAPTER 1278 Commercial Districts Neighborhood Commercial District (C1) Central Business/Mixed Use District (C2) Suburban Office and Institutional District (0) Community Commercial District (C3) Highway Commercial District (C4) Development Standards for Commercial Uses Use limitations and standards Nonresidential design guidelines. (See Chapter 1300) Unlisted Uses CROSS REFERENCES Planned Unit Districts - see P. & Z., Ch Nonconforming uses - see P. & Z. Ch Nonresidential Design Guidelines see P. & Z. Ch Off-street parking and loading - see P. & Z Signs - see P. & Z. Ch Supplementary regulations - see P. & Z. Ch NEIGHBORHOOD COMMERCIAL DISTRICT (C1). The Neighborhood Commercial District (Cl) is intended to provide space in the Municipality for low-intensity commercial uses that serve a limited residential area. These uses are primarily retail and service-related. Land best suited for this District includes those sections of the Municipality on the periphery of residential areas with good access to primary or secondary arterial roads. (a) Permitted Uses (1) Arts and Craft Studio (2) Business Retail (3) Consumer Retail 127

128 (4) Day Care, Adult or Child (5) Eating and Drinking Establishments, Full Service (6) Professional and-business Offices (b) Conditional Uses (1) Animal Clinic without Boarding (2) Bar (3) Home Occupation (4) Medical and Health Related Service (5) Outdoor Service Facility (6) Research and Development Industry (7) University/College/Seminary/Vocational (8) Wholesale Business (9) Wireless Communications CENTRAL BUSINESS/MIXED USE DISTRICT (C2). The Central Business/Mixed Use District (C2) is intended to provide space in the Municipality for a mix of commercial and residential uses at a relatively high intensity. Land most appropriate for this District designation includes the mixed use district of commercial shops and residential dwelling units found in the old town plat area, and other locations where mixed light to medium commercial and residential dwelling units will provide new development with mixed use characteristics which will not adversely affect surrounding properties. (a) Permitted Uses Arts and Craft Studio Business Retail Consumer Retail Day Care, Adult or Child Eating, Drinking Establishments, Full Service Assisted Living Facility 128

129 (7) Library, Museum, Gallery (8) Medical and Health Related Services (9) Multi-Family Dwellings (10) Professional and Business Offices (b) Conditional Uses (1) Animal Clinic without Boarding (2) Bar (3) Drive Thru Banking (4) Hospitals (5) Hotel/Motel (6) Outdoor Service Facility (7) Pet Grooming (8) Religious or Public Assembly (9) Research and Development Industry (10) University/College/Seminary/Vocational (11) Wholesale Business (12) Wireless Communications SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT (0). The Suburban-Office and Institutional District (0) is intended to provide space in the Municipality for office uses, institutional uses and limited retail and service uses that serve the primary uses of this District and are compatible. The intention is that these uses will be freestanding and clustered developments in "campus-type" settings. Land best suited for this District includes those sections of the Municipality in outlying areas with access to primary Municipal arterial roads. (a) Pen iitted Uses (1) Arts and Craft Studio (2) Business Retail 129

130 (3) Day Care, Adult or Child (4) Medical and Health Related Services (5) Personal Services (6) Professional and Business Offices (b) Conditional Uses (1) Animal Clinic without Boarding (2) Bar (3) Commercial Entertainment (4) Drive Thru Banking (5) Drive Thru Retail (6) Eating & Drinking Establishments, Full Service (7) Elementary & Secondary School (8) Hospitals (9) Outdoor Service Facility (10) Religious or Public Assembly (11) Research and Development Industry (12) Self-Storage Buildings (13) University/College/Seminary/Vocational (14) Wholesale Business (15) Wireless Communications COMMUNITY COMMERCIAL DISTRICT (C3). The Community Commercial District (C3) is intended to provide space in the Municipality for high-intensity commercial uses that serve as a wide geographic area. Land best suited for this District includes those sections of the community with access to primary arterial road intersections. These Districts are intended to form clusters around such intersections and are not intended to develop in extended linear strips. (a) Permitted Uses 130

131 (1) Animal Clinic without Boarding (2) Arts and Craft Studio (3) Auto Fuel Service (4) Bar (5) Business Retail (6) Commercial Entertainment (7) Consumer Retail (8) Day Care, Adult or Child (9) Eating & Drinking Establishments, Full Service (10) General Retail (11) Hotel/Motel (12) Library, Museum or Gallery (13) Medical and Health Related Services (14) Personal Service (15) Professional and Business Offices (16) University/College/Seminary/Vocational (b) Conditional Uses (1) Animal Clinic with Boarding (2) Auditorium (3) Automotive Service (4) Drive Thru Banking (5) Drive Thru Restaurant (6) Drive Thru Retail (7) Noncontinuous Foundation Buildings (8) Outdoor Service Facility 131

132 (9) Pet Grooming (10) Religious or Public Assembly (11) Research and Development Industry (12) Self-Storage Buildings (13) Wholesale Business (14) Wireless Communications (15) Automotive Vehicles and Equipment Rental HIGHWAY COMMERCIAL DISTRICT (C4). The Highway Commercial District (C4) is intended to provide space in the Municipality for high-intensity commercial uses that primarily serve an auto-oriented market, and other retail uses that require large land areas and/or good access. Land best suited for this District includes those sections of the Municipality in the vicinity of access points to major limited-access highways. (a) Permitted Uses (1) Animal Clinic without Boarding (2) Auto Fuel Service (3) Bar (4) Business Retail (5) Commercial Entertainment (6) Consumer Retail (7) Eating & Drinking Establishments, Full Service (8) General Retail (9) Hotel/Motel (10) Medical and Health Related Services (11) Pet Grooming (12) Personal Service 132

133 (13) Professional and Business Offices (14) University/College/Seminary/Vocational (b) Conditional Uses (1) Auditorium (2) Automotive Service (3) Auto. Vehicle and Equipment Stores (4) Day Care, Adult or Child (5) Drive Thru Banking (6) Drive Thru Restaurant (7) Drive Thru Retail (8) Outdoor Service Facility (9) Self-Storage Buildings (10) Sexually Oriented Business (11) Tattoo and Body Piercing Business (12) Wholesale Business (13) Wireless Communications LOT SIZE, BULK AND PARKING REQUIREMENTS. See Table I following the text of this Code USE LIMITATIONS AND STANDARDS. (a) Residential Uses in C-2 Districts. Single-family residences are permitted in C-2 Districts as nonconforming, pre-existing uses. New two- family units are permitted in accordance with the standards of R-6 zoning. New multifamily units are permitted in accordance with the standards of R-1 0 zoning. However, such units may be permitted only as a part of a mixed commercial/residential development as multifamily-only units. Elderly housing which meets the exclusionary definitions of Federal law may be constructed in C-2 zoning, provided that the total population in such elderly housing does not exceed five percent of the total current population of the Municipality. However, as to C-2 zoned property located in the Olde Downtown Pickerington Village Area as defined in Section of this Code, single-family uses shall be permitted uses when incorporated within a C-2 commercial use, 133

134 provided that no such use shall occupy more than 50% of the structure in any such C- 2 zoned property. (b) Bufferyards. All commercial uses adjacent to residential uses, either along rear or side lot lines, shall have a landscaped bufferyard, according to the provisions of Chapter (c) Accessory Uses. No accessory uses or buildings shall be located in the required front yard. (d) Corner Lots. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side. (e) Lighting. Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any residential use. (f) Signs. Signs shall be subject to the requirements set forth in Chapter (g) Parking. Specific parking requirements are set forth in Chapter NONRESIDENTIAL DESIGN GUIDELINES. See Chapter UNLISTED USES If an application is submitted for a use type that is not listed in this Chapter, the Development Services Director is authorized to classify the new or unlisted use type into an existing land use category that most closely fits the new or unlisted use. If no similar use determination can be made, an application for a rezoning must be made. 134

135 CHAPTER 1280 Industrial Districts Restricted Industrial District (M1) General Industrial District (M) Development Standards for Industrial Uses Use limitations and standards Additional requirements Nonresidential design standards. (See Chapter 1300) Unlisted Uses CROSS REFERENCES Planned Unit Districts - see P. & Z. Ch Nonconforming uses - see P. & Z. Ch Off-street parking and loading - see P. & Z Signs - see P. & Z. Ch Supplementary regulations - see P. & Z. Ch Nonresidential Design Guidelines see P. & Z. Ch RESTRICTED INDUSTRIAL DISTRICT (Ml). The Restricted Industrial District (M1) is intended to provide space in the Municipality for low-intensity industrial uses and compatible office and service uses. Land best suited for this District includes those sections of the Municipality with access to primary Municipal arterial roads and limited- access highways. (a) Permitted Uses (1) Animal Clinic without Boarding (2) Arts and Craft Studio (3) Day Care, Adult or Child (4) Light Industry (5) Personal Service 135

136 (6) Professional and Business Offices (7) Research and Development Industry (8) Storage Garages (9) University/College/Seminary/Vocational (10) Wholesale Business (b) Conditional Uses (1) Agriculture Storage Processing (2) Animal Clinic with Boarding (3) Automotive Service (4) Auto. Vehicle and Equipment Stores (5) Bar (6) Business Retail (7) Religious or Public Assembly (8) Com. Telecommunications Equipment (9) Drive Thru Banking (10) Drive Thru Restaurant (11) Drive Thru Retail (12) Elementary & Secondary Schools (13) Eating and Drinking Establishments, Full Service (14) Hospitals (15) Hotel/Motel (16) Medical & Health Related Services (17) Noncontinuous Foundation Buildings (18) Outdoor Service Facility (19) Self-Storage Buildings 136

137 (20) Tattoo and Body Piercing Business (21) Wireless Communications GENERAL INDUSTRIAL DISTRICT (M). The General Industrial District (M) is intended to provide space in the Municipality for a wide range of industrial uses. Land best suited for this District includes those sections of the Municipality with access to primary arterial roads, limited-access highways and railroad service. (a) Permitted Uses (1) Animal Clinic without Boarding (2) Arts and Craft Studio (3) General Industries (4) Research and Development Industry (5) Storage Garages (6) University/College/Seminary/Vocational (7) Wholesale Business (b) Conditional Uses (1) Agricultural Storage Processing (2) Animal Clinic with Boarding (3) Automotive Service (4) Comm. Telecommunications Equipment (5) Garbage Transfer (6) Noncontinuous Foundation Buildings (7) Outdoor Service Facility (8) Professional and Business Offices (9) Self-Storage Buildings (10) Wireless Communications 137

138 DEVELOPMENT STANDARDS FOR INDUSTRIAL USES. (a) Permitted uses within the Industrial District shall conform to the following standards. Conditional uses shall also conform to these standards unless further expanded or limited in the authorization for the conditional use. (b) Compliance with the following standards is required. (1) Lot Requirements. A. Minimum lot area: None, except that lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements. B. Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements. C. Minimum front yard: Structure setback, thirty (30) feet, forty (40) feet on arterial streets. No parking shall be permitted in the front yard. D. Minimum side and rear yard: Fifteen (15) feet for both structures, except fences, and pavement areas or storage lots; fifty (50) feet for structures, pavement areas and storage areas if adjacent to residential districts. E. Maximum lot coverage: For structures, outdoor storage, open service, and pavement areas, eighty-five (85) percent. The remainder of the site shall be landscaped with natural vegetation. F. Parking areas shall be no closer to main structures than ten (10) feet. G. Maximum height: Forty (40) feet for principal structures, twenty (20) feet for accessory structures. (2) Site Development Requirements in Industrial Districts. A. All open service areas, outdoor storage areas or loading docks shall be screened by walls or fences, seven (7) feet minimum height, twelve (12) feet maximum height, that effectively conceal such operations from adjacent streets or adjacent residential districts. Open service and outdoor storage areas may not exceed ten (10) percent of the lot area. B. A traffic concept plan shall be provided illustrating traffic flow patterns, traffic control points, points of access, loading areas, parking areas and parking spaces. In addition, expected peak hour traffic use by employees, the general public and deliveries shall be described by text. C. All applicable State and Federal air and water quality standards shall be considered as additional Industrial District use requirements. 138

139 D. A descriptive text shall be provided indicating the nature of the activity to be carried on, expected levels of noise, odor, dust, smoke, light, glare, or vibration to result from normal operation of such activity; and the expected number of employees per shift at the outset and at full expansion (if planned). Trash collection systems shall be both shown by plan and described by text. Exact descriptions of uses for outdoor areas are also required. Other information as required by the Planning and Zoning Commission shall be submitted either in text or on plans USE LIMITATIONS AND STANDARDS. (a) Accessory Uses. No accessory uses or buildings shall be located in the required front yard. (b) Corner Lots. Where a lot is located at the intersection of two or more streets, there shall be a required front yard setback on each street side. (c) Lighting. Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any residential use. (d) Noise. Industrial uses shall not produce either continuous or intermittent noise at a level at the property line that causes harm or annoyance to adjacent property owners. (e) Odor. Industrial uses shall not emit odors or odor-causing substances that can be detected at the property line by a person possessing normal sensory capacity. (f) Vibrations. Industrial uses shall not produce vibrations that can be detected at the property line by a person possessing normal sensory capacity. (g) Air Pollution, Smoke, Dust. Industrial uses shall keep air pollution and smoke at an acceptable minimum as determined by the Ohio Environmental Protection Agency and shall keep dust and other particulate matter borne by air from leaving the lot by using landscaping, paving, oiling or other appropriate means. (h) Heat and Glare. Industrial uses that produce intense heat or glare shall be conducted in a totally enclosed building. (i) Toxic Material. Industrial uses shall not emit toxic or noxious matter which is injurious to human health or comfort. Where such emission could be produced as a result of an accident or equipment malfunction, adequate safeguards considered suitable for the industry involved and specifically approved by the Development Services Director shall be provided. (i) Explosive Material. Industrial uses shale not store, utilize or manufacture pyrophoric and explosive powders and dusts, or material or products that decompose by detonation. 139

140 (k) Open Storage. Industrial uses that are allowed outdoor storage shall not have any material stored above a height of twenty feet. No outdoor storage area shall be located in required front, side or rear yards. All outdoor storage areas. shall be at least fifty feet away from all residential lot lines. All outdoor storage shall be enclosed by an opaque fence not less than six feet and not more than ten feet in height. Within areas of open storage, fire lanes shall be provided as required by the Development Services Director. (1) Fire Lanes. No structure shall block required fire lanes. All sites shall be arranged to allow easy access by emergency and public safety vehicles ADDITIONAL REQUIREMENTS. (a) Conditional uses shall be subject to the additional requirements set forth in Chapter (b) Landscaping and buffering shall be subject to the additional requirements set forth in Appendix IV Nonresidential Design Guidelines. (c) Parking and loading shall be subject to the additional requirements set forth in Chapter (d) Signs shall be subject to the additional requirements set forth in Chapter (e) Specific parking requirements are set forth in Chapter NONRESIDENTIAL DESIGN GUIDELINES. See Chapter UNLISTED USES If an application is submitted for a use type that is not listed in this Chapter, the Development Services Director is authorized to classify the new or unlisted use type into an existing land use category that most closely fits the new or unlisted use. If no similar use determination can be made, an application for a rezoning must be made. 140

141 CHAPTER 1282 Planned Unit Districts Purpose and intent Development Standards Plan contents and requirements Review basis Procedures for approval PURPOSE AND INTENT. (a) The purpose of the Planned Development District (PD) is to permit the greatest possible flexibility in order to stimulate creativity and to allow for a mixture of a wide variety of land use types within one planned district in order to: (1) Respect the unique characteristics of the site and surrounding uses. (2) Encourage imaginative arrangements of land use types and recognize the need to mitigate the impacts of incompatible land uses. (3) Allow a development pattern which preserves and utilizes the natural topography, geologic features, vegetation and drainage. (4) Encourage provision of site amenities to serve the immediate development and surrounding community. (5) Allow the potential for a self-sufficient development area, thus reducing the requirement for non-essential vehicular trips. (b) The intent of this Chapter is to allow the applicant to lessen the development standards in some areas in exchange for an increase in development standards in another. The process for achieving the stated purposes and intent is to require the submission and approval of a Preliminary Plan for the total proposed development and the submission and approval of a Final Development Plan for all or any part of the area defined in the Preliminary Plan prior to obtaining a Zoning Certificate as part of the approval for the construction of any portion of the area. As part of the Preliminary Plan, the applicant must prepare and submit a Development Standards Text that identifies any development standard that is less restrictive than the standards set forth in this Chapter or other referenced Chapters. As part of the Development Standards Text, the applicant must justify the modifications of these standards based on the fact that the proposed development goes beyond minimum requirements in other areas that will result in a superior development than if the standards set forth in this Chapter had been followed. As part of the Final 141

142 Development Plan, the applicant must verify that the previously approved Development Standards Text is being used or submit as part of the Final Development Plan a modified Development Standards Text for approval by Planning and Zoning Commission DEVELOPMENT STANDARDS. (a) The following development standards shall be considered as minimal standards within the Planned Development District. These standards shall serve as base standards to be included and modified if desired as part of the Development Standards Text and Preliminary Plan and further refined as part of the Final Development Plan. (1) Lot requirements: If a bufferyard is required and the minimum setback is less than the appropriate bufferyard width, then the setback shall be equal to the bufferyard width. If a bufferyard is required and the minimum setback is greater than the appropriate bufferyard width, then the setback shall be equal to the required setback. A. Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements. B. Minimum yard requirements: None, except as specified in the Development Standards Text, but with sufficient setback area to accommodate landscape buffer, screening and planting requirements, in the Zoning Code. C. Maximum lot coverage: Maximum lot coverage or impervious surface area shall be 80% with a total building coverage of 30% unless otherwise modified by the Planning and Zoning Commission. (2) Building requirements: A. Maximum building height of 40 feet or as established by Planning and Zoning Commission as part of the Development Plan. (3) Site development requirements: A. Outdoor storage is prohibited. Merchandise may be displayed on the sidewalk adjacent to the principal building provided a minimum of a 5 foot strip is left unobstructed for pedestrian traffic. B. All vending machines and display racks, except for telephone booths and newspaper racks, shall be located inside the building. C. Trash and litter shall be controlled, and stored in container systems which are located and enclosed in a manner to screen them from view on all sides. 142

143 D. Provision for storm drainage shall be adequate to protect the public and owners of surrounding land and meet the City's requirements for storm water management. E. All service and delivery shall be at the rear of the building; provided, however, where site layout and design would be enhanced, provisions may be made for service and delivery at the side of the building. (b) Parking, Loading, Access and Circulation Requirements for uses permitted in this district are set forth in Chapter (c) Landscaping and Screening Requirements for uses permitted in this district are set forth in the Zoning Code. (d) Sign Requirements for uses permitted in this district are set forth in Chapter (e) Lighting Requirements for uses permitted in this district are set forth in the Zoning Code PLAN CONTENTS AND REQUIREMENTS. (a) As part of the request for rezoning to a Planned Development District, a Preliminary Plan must be submitted to the Planning and Zoning Commission along with the text of all applicable development standards. The applicant shall submit the number of application copies deemed appropriate by the Zoning Officer. This may include an electronic filing in a format compatible with Pickerington technology requirements. City Council must approve the zoning change, Preliminary Plan and Development Standards text. A Zoning Certificate will not be issued for any site or sites until a Final Development Plan is approved by the Planning and Zoning Commission and found in conformance with the adopted Preliminary Plan and Development Standards text. The applicant may in the applicant's sole discretion, meet with the Planning and Zoning Commission for an informal review prior to submitting an application for a Planned Development District zoning amendment. The informal review is intended to outline the basic scope, character and nature of a proposed project. The review is to provide input in the formative stages of design. No discussions, opinions, or suggestions provided in the informal review shall bind the applicant, or the city, or be relied upon by the applicant to indicate subsequent approval or disapproval by the city. (1) Preliminary Plan. The Preliminary Plan is a conceptual plan generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The Preliminary Plan constitutes the rezoning of the property. The Preliminary Plan should contain the following elements: 143

144 A. A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development was planned to utilize the existing site, identifying charges to the existing site grading and noting major trees that will be removed as part of the proposed development. B. A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels. C. An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities. D. The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities. E. A conceptual landscaping plan that shows the ability of the proposed development to meet all aspects of the Zoning Code. F. A proposed schedule or phasing of development of the site. G. Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements. H. Any additional information required by the Planning and Zoning Commission necessary to determine that the proposed development meets the intent and purposes of the Planned Development District. (2) Development Standards Text. A Development Standards Text shall be submitted as part of the Preliminary Plan and shall, through a narrative and graphics, as necessary, detail the development standards to be applied to the development concept described in the Preliminary Plan. The Development Standards Text should clearly identify any standard that is less than the standards established by this Chapter. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Preliminary Plan to offset the use of reduced standards and by demonstrating how the modified standards will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by this Chapter shall apply to the proposed development. (b) Final Development Plan. Following approval of the Preliminary Plan, and prior to issuance of a Zoning Certificate, a Final Development Plan shall be submitted to the Planning and Zoning Commission in a format deemed appropriate by the Zoning Officer for all or part of the area defined in the Preliminary Plan. The Final Development Plan is a detailed Site Plan which shall contain the following information and adhere to the Development Standards Text approved as part of the Preliminary Plan: 144

145 (1) Site survey: On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-ofway and utilities. (2) Setbacks: The Site Plan shall indicate building, service areas, parking lot and sign setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved Development Standards Text. (3) Modifications of Development Standards of Text: Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text document. A. Height requirements: Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear and side elevation drawings. B. Parking and loading: All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the Development Standards Text. C. Waste and refuse: Handling of all waste and refuse materials shall be indicated and described by the Development Standards Text to include appropriate screening and type of containerization. D. Circulation: All major circulation routes, including arterial, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated, including dimensions of path and pedestrian crossings, plus any attempts at separating vehicular and pedestrian/recreation movement. E. Landscaping: As part of the Final Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations of topography, existing landscaping or adjacent land uses. Landscape features shall be shown as well as planting dimensions, height, caliper and type of plant materials per the Development Standards Text. F. Sign and graphics: All sign and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color and illumination shall be indicated. This includes dimensions of all ground and wall signs as well as distances from rights-of-way and intensity of illumination. Directional signs shall also be indicated. G. Lighting: All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent lighting and building accent lighting. Lighting intensity and installation height shall be indicated. 145

146 H. Fencing: All fences shall conform to the Development Standards Text and appropriate materials, heights, location and style indicated. I. Architectural treatment: As part of the Final Development Plan, front, rear and side building elevations shall be shown in accordance with the Development Standards Text indicating building material, color and height. Color material samples shall also be made available for inspection REVIEW BASIS. (a) be: Preliminary Plan. The basis for the approval of the Preliminary Plan shall (1) That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the Zoning Ordinance (2) That the proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply. (3) That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the Final Development Plan shall contribute to the orderly development of land within the City. (4) That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning and Zoning Commission. (5) That the plan provides for the coordination and integration of individually designed buildings into one planned district. (b) shall be: Final Development Plan. Basis for approval of a Final Development Plan (1) That the plan is complete in all respects relative to the requirements set forth in Section (b). (2) That any modifications of the Development Standards Text approved as part of the Preliminary Plan support and enhance the purposes and intent of the Unified Development Code, any applicable comprehensive planning programs and any design or site planning guidelines adopted by Planning and Zoning Commission. (3) That all engineering issues have been resolved to the satisfaction of the appropriate City agency and that final approval of the Final Development Plan is subject to the acceptance of final engineering of all phases of the development PROCEDURES FOR APPROVAL. (a) Submission of application for Preliminary Plan: 146

147 (1) Prior to filing an application for rezoning to a Planned Development District, the applicant shall meet with staff in a pre-application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request. (2) The applicant shall submit the rezoning applications along with the required number of copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Zoning Officer. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Planning and Zoning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the City for review and comment. (3) Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning and Zoning Commission for their review and action, which shall be accomplished within a reasonable time. It shall be the duty of the Planning and Zoning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. The Planning and Zoning Commission will forward a recommendation to City Council. (4) A Preliminary Plan shall be valid for 53 years after City Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required. (b) Submission of Final Development Plan. (1) Prior to filing for Final Development Plan Approval, the applicant shall meet with the Pickerington Planning staff to review the Final Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval. (2) The applicant shall submit an application to the City including the required number of copies of the proposed Final Development Plan, Development Standards Text modification, if appropriate, and any other required information in accordance with the submission schedule of the Planning and Zoning Commission. In order to defray the cost of examination of the materials and review by the Planning and Zoning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council. (3) It shall be the duty of the Planning and Zoning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made within a reasonable time. If the Planning and Zoning Commission finds that the Final Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning and Zoning Commission, minor modifications of the approved preliminary plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning and Zoning Commission determines that such proposed changes significantly alter 147

148 the approved plan, it is considered to be a major change and the plan must be resubmitted to City Council for approval. (4) In the event that the Planning and Zoning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission. Decisions of the Planning and Zoning Commission disapproving the plan or approving it with minor modifications are appealable to City Council in accordance with the provisions of Section (c). (c) Conformance with the Final Development Plan. Development shall be in conformance with the Final Development Plan.and construction of site improvements must be commenced within 2 years of Planning and Zoning Commission or City Council approval; otherwise no development of the land shall take place until a new Final Development Plan is approved pursuant to this section. No certificates of appropriateness are necessary for projects that obtain final development approval. (d) Modification of the Final Development Plan. (1) Administrative Approval. The Development Services Director may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approval Final Development Plan. Such modifications shall not allow increases in intensity of development or additions to the list of permitted or conditional uses and shall be limited to: A. Minor adjustments in lot lines provided no additional lots are created; B. Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards and buffers remain in compliance; C. Minor adjustments in building height(s); D. Substitution of landscaping materials; E. Redesigning and/or relocating stoimwater management facilities; F. Redesigning and/or relocating mounds; G. Minor modifications to the design of signs, including the sign face, and sign lighting, provided the color palette, maximum sign area and maximum sign height, approved in the final development plan, are not exceeded; H. Minor changes in building material that are similar to and have the same general appearance as the material approved on the final development plan. (2) Planning and Zoning Commission Approval. The Planning and Zoning Commission may approve a modification of a provision of the Development Standards text if it determines that all of the following provisions are satisfied: 148

149 A. The Planning and Zoning Commission determines that, for this planned development, the Code compliance is not needed in order to ensure that the planned development is consistent with the Comprehensive Plan and compatible with existing, approved, or planned adjacent development. B. The Planning and Zoning Commission determines that the proposed modification does not significantly alter the list of permitted or conditional uses, cause an inappropriate increase in density or cause inconsistencies with the Comprehensive Plan. C. The proposed modification results in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s). D. The development, as proposed on the final development plan, will have no adverse impact upon the surrounding properties or upon the health, safety, or general welfare of the community. (3) Any minor modification that fails to meet the above criteria shall require a zoning amendment to the preliminary development plan. (e) Variances from Development Standards. The Planning and Zoning Commission and/or City Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of this zoning district. No action by the Board of Zoning Appeals is required for these variances. 149

150 CHAPTER 1284 Special Use Districts Flood Plain District (FP). Excavation and Quarry Overlay District (EQ). Oil and Gas Overlay District (OG). CROSS REFERENCES Division of municipal corporation into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R. C et seq. Conditional uses - see P. & Z. Ch Nonconforming uses - see P. & Z. Ch Prohibited uses - see P. & Z (g) Permitted uses, accessory uses and conditional uses - see P. & Z. Title 8, Table FLOOD PLAIN DISTRICT (FP). (a) Statement of Intent. The Flood Plain District (FP) is intended to protect the Municipality from any undue hardship to people or property that could be caused by inappropriate development in the flood plain. This District is intended to allow primarily for open space recreational uses, agricultural uses and other uses not associated with a structure(s). Land included in this District will be all lands in the Municipality that are subject to flooding, as determined by the Municipal Engineer. (b) Boundary Designations. The Flood Plain District specifically includes land within the Municipality that is designated by the Engineer to be in the 100-year flood plain and at hazard. The boundaries shall be updated as these sources are updated. The FP District may be designated as a limitation or another standard or planned district by using the designation "-FP" following the district designation (i.e. CC-FP or PR-6-FP). (c) Other Regulations. Chapter 1466 of the Building and Housing Code contains other regulations regarding the flood plain EXCAVATION AND QUARRY OVERLAY DISTRICT (EQ). (a) Statement of Intent. The Excavation and Quarry District (EQ) is intended to allow for the extraction of sand, gravel and other mineral resources in appropriate areas of the Municipality in a manner that is compatible with adjacent uses and to ensure that excavated land is rehabilitated to promote the general welfare of the 150

151 Municipality. Land will be included in this District only as it is deemed appropriate by Council at the time the use is to commence. (b) Location and Map Designation. An Excavation and Quarry District (EQ) may be formed for all those districts where the location is deemed appropriate by Council. This District will be indicated on the Official Zoning District Map(s) as follows: EQ-R-1, EQ-AGR, EQ-M, etc. (c) Use Limitations and Standards. (1) Performance standards. For excavation, quarrying and permitted processing, all equipment used shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noise, vibration or dust that would injure or annoy persons living or working in the vicinity. (2) Accessways. Accessways or roads within the premises shall be maintained in a dust-free condition during surfacing or other such treatment as may be necessary. (3) Depth of operation. All excavation shall be made to a depth of five feet below a water-producing level or graded or backfilled with non- noxious and nonflammable solids to ensure that the excavated area will not collect and retain stagnant water or that the graded or backfilled surface will create a gentle rolling topography to minimize erosion by wind or rain and substantially conform with the contour of the surrounding area. (4) Enclosure. Whenever the floor of a quarry is five feet or more below the grade of adjacent land, the property containing the quarry shall be completely enclosed by a barrier consisting of either a mound of earth not less than six feet high located at least twenty-five feet from any street right of way and planted with a double row of approved landscape materials or enclosed with a chain-link fence, or of its equivalent in strength and protective character to a height of six feet along the property line. Such barriers may be excluded where deemed unnecessary by the Municipal Engineer because of the presence of a lake, stream or other existing natural barrier. (5) Right-of-way setback. An excavation shall be located 100 feet or more and backfilled to 150 feet from a street right-of-way line. Quarrying operations shall be located fifty feet or more from a street right-of-way line. With approval by the Municipal Engineer, such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the established street grade. (6) Adjacent property setbacks. Excavation or quarrying shall be no closer than 100 feet to a property boundary line, except with the written consent of the adjacent property owner. (7) Ancillary operations. Plants or equipment for processing of extracted materials or other ancillary operations shall not be located closer than 600 feet to the boundary of the land placed under the provisions of the excavation and quarry regulations. (d) Rehabilitation Requirements. 151

152 (1) Contents of rehabilitation plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by the Municipal Engineer and Council. All such rehabilitation plans shall include the following: A. A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less. B. Existing proposed drainage of the area; operation. C. Details regarding revegetation of the site during and at the conclusion of the (2) Requirements of rehabilitation plan. The following requirements shall be met in the rehabilitation plan: A. The banks of all extraction, when not backfilled, shall be sloped at a grade of not less than two feet horizontal to one foot vertical. This slope shall be maintained twenty feet beyond the water line if such exists. B. Spoil banks shall be graded to a level suiting the existing terrain. C. All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized and approved by the Municipal Engineer. D. When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such a manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements. E. All equipment and structures shall be removed within three months of the completion of the extraction of materials OIL AND GAS OVERLAY DISTRICT (OG). (a) Statement of Intent. The Oil and Gas District (OG) is intended to allow for the drilling and production of oil and gas in appropriate areas of the Municipality and to provide for the removal of such natural petroleum products in a manner that is compatible with adjacent uses. Land will be included in this District only as it is deemed appropriate by Council at the time the use is to commence. (b) Location and Map Designation. Any Oil and Gas District (OG) may be formed for all lease districts where the location is deemed appropriate by Council. This District will be indicated on the Official Zoning District Map(s) as follows: ()G- RA, OG-AGR, OG-M, etc. 152

153 (c) Use Limitations and Standards. (1) Spacing of wells. No permit shall be issued to drill, deepen, reopen or plug a well for the production of oil or gas unless the well is located: A. Upon a tract or drilling unit containing not less than ten acres; B. Not less than 460 feet from any well drilling to, producing from or capable of producing from the same pool; C. Not less than 230 feet from a boundary of the subject tract or drilling unit. (2) Access. Prior to commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaced by clean, crushed rock, gravel or sand, or oiled and maintained to prevent dust and mud. (3) Derricks. All derricks and masts hereafter erected for drilling or redrilling shall be at least equivalent to the American Petroleum Institute Standards 4A, the 14th Edition, and 4D, the most recent edition. (4) Signs and fencing. A sign having a surface area of not less than two square feet and not more than six square feet, bearing the current name and number of the well and the name or insignia of the operator, shall be displayed at all times from the commencement of drilling operations until the well is abandoned. (5) Hazardous equipment. All oil well production equipment having external moving parts hazardous to life or limb shall be attended twenty-four hours per day or be enclosed by a steel chain-link fence not less than six feet in height and having not less than three strands of barbed wire sloping outward at approximately a forty-five degree angle and for eighteen inches from the top of the fence. There shall be no aperture below such fence greater than four inches. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended by a watchman or serviceman. (6) Lighting. All lights shall be directed or shielded so as to confine direct rays to the drill site. (7) Delivery of equipment. The delivery or removal of equipment or material from the drill site shall be limited to the hours between 7:00 a.m. and 7:00 p.m., except in an emergency. (8) Power sources. All power sources shall be electric motors or muffled internal combustion engines. (9) Storage equipment. There shall be no storage of any material, equipment, machinery or vehicle which is not for immediate use or servicing on an installation on the drill site. Storage tanks located on the drill site and storage tank capacity at the drill site shall not exceed a total aggregate of 2,000 barrels, exclusive of processing equipment. 153

154 (10) Flammable waste gases. Flammable waste gases or vapors escaping from a production drill site shall be controlled without burning to prevent hazardous concentration reaching sources of ignition or otherwise endangering the area. (11) Drilling wastes. Drilling wastes shall be disposed of in compliance with the Resource Conservation and Recovery Act. (d) Rehabilitation Requirements. (1) Contents of rehabilitation plan. Drilling and production shall be permitted only from areas where there is a rehabilitation plan approved by Council. All such rehabilitation plans shall include the following: A. A redevelopment plan showing existing and proposed sites and all facilities pertinent thereto. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale. operation. B. Details regarding revegetation of the site during and at the conclusion of the (2) Requirements of rehabilitation plan. The following requirements shall be met in the rehabilitation plan: A. Upon cessation of drilling and beginning of production, the well shall be serviced only with a portable derrick when required. B. All concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of six feet below grade, unless they are part of a multiwell cellar being used in connection with any other well for which a permit has been issued. C. All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site. D. Adequate landscaping shall be required of the drilling site with screen planting around visible equipment and tanks, ground cover on other portions of the site and maintenance of all equipment and premises in a good and painted condition. E. All drilling equipment and the derrick shall be removed from the premises within sixty days following the completion or abandonment of any well. 154

155 CHAPTER 1286 Conditional Uses Statement of intent General procedure Revocation of permits Required conditions for approval Agricultural storage processing regulations Animal clinic regulations Auditorium regulations Automotive service regulations Business retail regulations Cemetery regulations Religious or Public Assembly regulations Commercial entertainment (indoor) regulations Commercial entertainment (outdoor) regulations Wireless Communications Day care center regulations Drive-thru retail regulations Restaurant regulations Hospital regulations Elementary and secondary school regulations Bar regulations University/College/Seminary/Vocational regulafions Garbage Transfer regulations Noncontinuous Foundation Buildings. 155

156 Hotel/motel regulations Medical and health-related services regulations Professional and Business office regulations Research and development industry regulations Storage Garage regulations Residential districts storage buildings/garage regulations Wholesale business regulations Pet grooming center regulations Sexually oriented business regulations Self-storage buildings Tattoo and body piercing business regulations Outdoor service facility regulations Seasonal patio enclosures Automotive vehicles and equipment rental. CROSS REFERENCES Division of municipal corporation into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R.C et seq. Conditional use permits - see P. & Z et seq. Special Use Districts - see P. & Z. Ch Nonconforming uses - see P. & Z. Ch Prohibited uses - see P. & Z (g) Permitted uses, accessory uses and conditional uses - see P. & Z. Title 8, Table STATEMENT OF INTENT. The purpose of a conditional use is to allow proper integration into the Municipality of uses that may only be suitable in specific locations within a certain zoning district or only if such uses are designed or laid out in a particular manner on the site. 156

157 GENERAL PROCEDURE. (a) Application. Application for conditional uses shall be presented to the Development Services Director and acted upon by the Planning and Zoning Commission. Approval by the Commission shall be required prior to the issuance of a zoning certificate. (b) Criteria. In consideration of an application for a conditional use, the Commission must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of the conditional use have been met. In doing so, the Commission may request proof that the applicable requirements for the conditional use have been met. The Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances. The Commission must also affirmatively find, prior to the issuance of a permit, that the location of the site needing the conditionally permitted use is suitable in the particular location within the zoning district and that the conditionally permitted use complies with such other reasonable conditions placed on the use that are appropriate to protect the general health, safety or welfare of the municipality. (c) Procedure. A conditional use permit shall be initiated and acted on pursuant to the regulations set forth in Chapter REVOCATION OF PERMITS. The Development Services Director may revoke approval of a conditional use for failure to comply with the conditions of that approval. By certified mail the Development Services Director shall notify the holder of his or her intention to revoke approval and of the holder's right to a hearing before the Planning and Zoning Commission within fifteen days of the receipt of such notice, if he or she so requests. In lieu of such certified mail service, service may be made personally by the Development Services Director, in which case the hearing shall be requested within fifteen days after such service. If the holder requests a hearing, the Commission shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person or be represented by his or her attorney or other representative, or he or she may present his or her position in writing He or she may present evidence and may examine witnesses appearing for or against him or her. If no hearing is requested, the Development Services Director may revoke approval without a hearing. The authority to revoke approval is in addition to any other means of zoning enforcement provided by law REQUIRED CONDITIONS FOR APPROVAL. The following sections contain additional required conditions to be met by an applicant for a conditional use. In addition to meeting the subsequent required conditions for conditional uses, all applicants for conditional uses shall be required to fully comply with any and all other applicable provisions of this Code. 157

158 AGRICULTURAL STORAGE AND PROCESSING REGULATIONS. (a) Agricultural storage and processing are conditionally permitted uses in AGR, Ml and M Districts. (b) All storage and processing equipment and structures shall be at least 100 feet from any residential property. (c) These uses shall be carried on in such a way that no odor, dust or visual or other hazardous or annoying occurrences are detectable beyond the property line ANIMAL CLINIC REGULATIONS. (a) Animal Clinics Without Boarding Nothing in this section shall prohibit the location of animal/veterinary clinics, animal hospitals, pet care facilities and/or pet medical centers without boarding in C3, C4, M1, M, PC-3, PC-4, P- M1 and P-M Districts where such offices are wholly contained within a building and the only overnight care of animals is on a emergency basis. In addition, the following shall apply: (1) Such uses are conditionally permitted in AGR, C 1, C2 and 0 and the equivalent planned districts. (2) Establishments shall be permitted to carry on the following activities: the care of ill and/or injured pets and the overnight boarding of ill and/or injured household pets. (3) The overnight boarding of livestock is prohibited. (4) All activities other than off-street parking and loading or unloading shall be conducted within a fully enclosed structure. (5) A solid wood fence or masonry wall six feet high shall be constructed where an animal/veterinary clinic, animal hospital, pet care facility and/or pet medical center- is located adjacent to a Residential District. (6) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or adjacent public street. (7) The minimum lot size shall be 20,000 square feet. (8) Walls shall be soundproofed by an appropriate means (such as filling cement block with sand, building the walls to the roof and using acoustic tile where appropriate). (9) Appropriate heating, cooling and ventilation shall be provided to reduce humidity and maintain an odor-free environment within a comfortable temperature range. (10) Appropriate pet. waste control measures shall be taken and sewage pretreatment facilities shall be provided as required by the City Manager and/or the EPA. Regular cleaning of all 158

159 outside areas is required. (11) Compliance shall be had with all regulatory requirements imposed by the City of Pickerington, Fairfield and/or Franklin Counties, the State of Ohio and the Federal Government pertaining to animal restraints. (12) On-site crematoriums are not permitted. (b) Animal Clinics With Boarding (1) Animal veterinary clinics, animal hospitals, pet care facilities and/or pet medical centers may also include unlimited pet boarding and a full range of pet related services if approved and where conditions below shall also apply. (a) Buildings shall be wholly enclosed, free-standing and self-contained in order to offer a full range of pet related services, including boarding, training, grooming, retail sales and clinical care. (b) Such uses are conditionally permitted in C3, M1 and M Districts. (c) The facility shall be housed completely indoors, other than off-street parking and loading/unloading. On-premises, outdoor pet training sessions may be permitted through a conditional use permit. (d) A residential dwelling unit located within such a facility may be permitted through a conditional use agreement. In no event shall the residential dwelling unit modify the exterior appearance of the commercial building. (e) Building setbacks shall by a minimum of thirty feet from all contiguous properties, unless greater requirements are established by this Zoning Code. (2) Animal clinics with boarding shall also meet all requirements set forth for animal clinics without boarding as set forth in Subsection (a) herein AUDITORIUM REGULATIONS. (a) Auditoriums are a conditionally petinitted use in AGR, R1, R2, R3, R4, R6, R10, C3 and C4 Districts. (b) The site must have adequate access onto a hard-surfaced State highway, or a Municipal, County or Township road, which is regularly maintained and is adequate to handle the additional traffic generated by this use. (c) A landscape plan, including quantities, sizes and varieties of landscaping, shall be submitted with the application. (d) All exterior lighting shall be directed into the parking areas and shall not cause glare onto adjacent properties. 159

160 (e) Access to the facility shall only be provided onto primary Municipal arterials, and in no case shall access or parking be provided on secondary residential streets. (f) Internal circulation systems shall be adequate to handle expected traffic. (g) The facility shall not have an adverse effect on the surrounding community AUTOMOTIVE SERVICE REGULATIONS. (a) General Regulations for all Auto-Related Establishments for All Permitted Locations. (1) Direct Access. The site shall have direct access to a primary arterial. (2) Required assessment of traffic impact. An assessment shall be made of the probable impact of the proposed facility on the prevailing and projected traffic on the adjacent thoroughfare and the adjacent neighborhood. The Municipal Engineer shall determine whether or not the facility will create detrimental traffic conditions at the proposed location. (3) Required fencing/screening. A solid fence, wall or hedge six feet high shall be required when the proposed facility is adjacent to a Residential District, and a landscaped front yard of not less than twenty-five feet in depth shall be provided. (4) Illumination design standard. Exterior lighting shall be shaded whenever necessary to avoid direct lighting onto adjacent properties or upon adjacent public streets. (b) Auto Service Station. Automobile service stations, including gas stations, whether or not other auto services are provided, are a conditionally permitted use in C3, C4, Ml and M Districts. There shall be at least one driveway located along the frontage(s) providing both ingress and egress to the property. Driveways shall not exceed thirty feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in any other zoning district. On corner lots no such driveway shall be located closer than thirty feet to the intersection of the right-of-way lines of the two streets. (1) Lot size shall be a minimum of 20,000 square feet. (2) All work shall be carried on in a totally enclosed building. (3) No equipment, process or storage associated with the use shall create odor, noise, vibration, glare, electrical interference or other nuisances detectable to normal senses off the lot. (4) Storage of motor vehicles shall be permitted on the premises for periods of time not exceeding seven days. Such motor vehicles may be stored for periods of time in excess of seven days if stored entirely within an enclosed building. (d) Auto Vehicle and Equipment Sales. Automobile and automobile equipment sales are a conditionally permitted use in C4 and Ml Districts. See subsections (a) and (b) hereof. 160

161 BUSINESS RETAIL REGULATIONS. (a) Business retail is a conditionally permitted use in the Ml District. (b) Uses shall be designed so that access points and circulation do not interfere with surrounding industrial functions CEMETERY REGULATIONS. (a) Cemeteries are a conditionally permitted use in AGR and R1 Districts. (b) The minimum lot size shall be ten acres. (c) Direct access to a major street shall be required RELIGIOUS AND PUBLIC ASSEMBLY REGULATIONS. (a) Religious and public assembly uses are conditionally permitted uses in AGR, R1, R2, R3, R4, R6, R10, C2, 0 and M1 Districts. (b) All structures, including accessory buildings, shall be set back at least fifty feet from the front lot line. (c) Access to a primary arterial shall be provided. No access shall be provided to secondary residential streets, unless it can be shown that there will be no impact on the neighborhood. (d) An assessment shall be made of the probable impact of the proposed facility on the prevailing and future traffic expected on the adjacent public street. (e) The lot shall be a minimum of one acre COMMERCIAL ENTERTAINMENT (INDOOR) REGULATIONS. (a) Indoor commercial entertainment is a conditionally permitted use in the 0 District. (b) All activities associated with a commercial recreation establishment shall be conducted within a completely enclosed building with the exception of off-street parking and loading and/or unloading. (c) A solid fence, wall or hedge six feet high shall be constructed where a commercial recreation establishment is located adjacent to a Residential District. (d) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or any adjacent public street. 161

162 (e) No commercial recreation establishment shall have the effect of causing any increase in noise, litter or vehicular or pedestrian traffic on any adjacent residential property COMMERCIAL ENTERTAINMENT (OUTDOOR) REGULATIONS. (a) Outdoor commercial entertainment is a conditionally permitted use in the 0 District. (b) The site must have adequate access onto a hard-surfaced State highway, County road or Township road, which is regularly maintained and is adequate to handle the additional traffic generated by the uses. (c) A development plan shall be submitted with the application showing proposed incidental uses and their relationship to the site. Such incidental uses may include, but shall not be limited to, concession, food service and consumption areas, commissaries, management offices, toilet facilities and shower facilities. Incidental uses shall clearly be appropriate to the proposed primary recreation activity. (d) A landscape plan, including quantities, sizes and varieties of landscaping, shall be submitted with the application. (e) Parking areas shall be a minimum distance of fifty feet from Residential Districts. (f) In determining approval or disapproval, the Planning and Zoning Commission shall consider such potential nuisances as noise, lighting, dust and their effect on adjacent properties ANTENNAS FOR AMATEUR RADIO STATIONS. Poles, masts and towers for supporting antenna used in the operation of wireless communications facilities licensed by the Federal Communications Commission may be permitted by the Development Services Director in any zoning district if they meet the following requirements and are not prohibited by deed restriction or other covenant. (a) Location on Property. All such poles, masts and towers shall be placed no closer than five feet to an official right-of-way line or to property under different ownership, and no closer than one foot to an easement. If a beam (array)-type antenna is installed, no element or part of such antenna shall extend closer than five feet to an official right-of-way line and/or the property under different ownership, and no closer than one foot to an easement. If ground-supported or ground-mounted, all parts of the structure shall be located within the rear yard as defined in this Code. (b) Height. Ground-supported or mounted structures may be approved with any height above grade up to sixty-five feet, subject to the provisions of subsection (h) hereof. Roof-mounted structures shall not exceed twelve feet above the highest point of the roof (c) Compliance With Electrical Code and Federal Regulations. All such installations shall conform to the requirements of the National Electrical Code and the F.C.C. regulations 162

163 governing amateur radio services. In addition, the installation must maintain a minimum of eight feet clearance from all power lines. This includes the beam elements or any part thereof. All antenna support structures, whether ground or roof-mounted, shall be grounded. Grounding shall be in accordance with the provisions of the National Electrical Code and for ground-mounted towers shall consist of a minimum of one ground rod a minimum of five-eighths inch in diameter and eight feet in length. The ground conductor shall be a minimum of #10 GA copper. However, in all instances, construction shall follow the manufacturer's requirements for grounding. (d) Permits. Permits shall be required for installation of any poles, masts or towers over twelve feet above the roof of any structure to which they may be attached, and for any installation when erected on or supported by the ground. Permits shall be obtained from the Development Services Director. Applications for permits shall be accompanied by plans and specifications, three copies showing all dimensions, the size and kind of members, footings and guy wires, if any, the location, depth and type of guy anchors and footings, if any, and the type and weight of the antenna, apparatus or structure to be attached to or supported by the structure. (e) Materials. Antenna support structures must be constructed from one of the following materials: aluminum, galvanized steel or equally weather-resistant steel. All ground-mounted antenna support structures exceeding twenty-five feet in height shall be mounted in concrete and erected in such a manner so as to be able to withstand a minimum wind velocity of eighty miles per hour, i.e. an impact pressure of twenty-five pounds per square foot. (I) Towers. Towers of steel, iron or aluminum, whether of the rigid nondemountable type or the rigid Remountable type with the crank-up, crankdown and either the hinged base or swivel crank-over features, shall carry no more weight on the top than specified by the manufacturer's specifications. (g) Waiver of Objection for Certain Structures; Servicing; Removal. All poles, masts or towers, and other structures used for antennas under this section, which exceed thirty-five feet in height above grade elevation, or which exceed twenty feet in height above the roof of any structure (whichever is less), shall be subject to the following requirements: If the top of such poles, masts or towers is higher above their foundations, or the foundation of the structure on which they are erected, than ninety percent of the horizontal distance from its base or projected base to the nearest point on adjacent property under different ownership, or to the nearest edge of an official right of way, then no permit shall be issued for such installation unless a waiver is obtained from each and every owner of adjacent property that the structure could fall upon. In calculating the height of demountable-type towers, the top of the lower rigid section shall be considered the top for the purpose of this subsection. (h) Exemptions. This Code shall not affect any existing antenna support structure, utilized by Federally licensed amateur radio or Federally authorized citizens radio service stations, which has been constructed and which is in place prior to the effective date of this Code. However, such antenna support structures must comply with the grounding requirements of subsection (c) hereof. 163

164 DAY CARE CENTER REGULATIONS. (a) Day care centers are a conditionally permitted use in AGR, R1, R2, R3, R4, R6 and R10 Districts. (b) A drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles. (c) There shall be provided a minimum lot size of 500 square feet per child enrolled in the facility. (d) There shall be provided a minimum outdoor play area of 100 square feet per child enrolled in the facility. (e) All outdoor play areas shall be enclosed by a six-foot fence, which shall be maintained in good condition and constructed to preclude penetration by any child or adult. (f) The hours of operation shall be limited to between 6:30 a.m. and 8:00 p.m. (g) The maximum percentage of site coverage by all principal and accessory buildings and outdoor play areas shall be seventy-five percent DRIVE-THRU RETAIL REGULATIONS. (a) Regulations for Beer and Wine Carry-Out Stores (Party Stores). (1) Status. Beer and wine carry-out stores (party stores) are a conditionally permitted use in C3, C4, Ml and 0 Districts. (2) Required fencing/screening and landscaping. A solid wood fence or masonry wall six feet high shall be constructed or planted where the beer and wine carry-out or party supply store is located adjacent to a Residential District. All landscaped areas shall be separated from all paved areas by a six-inch high curb. A raised curb six inches high and six inches wide shall be constructed along all street frontages, except within driveway openings, and shall form a landscaped island having a minimum width of five feet including the width of the curbs. (3) Illumination design standard. Exterior lighting shall be shaded wherever necessary to avoid casting direct lighting on any adjacent property or upon any adjacent public street. (4) Queue. A linear queue shall be provided for every drive-thru beer and wine carry-out station. Each queue shall consist of space for not less than seven vehicles and shall measure to less than 154 linear feet. These spaces shall not block or otherwise interfere with the site circulation patterns as shown on the required site plan. (5) Segregation of parking. Customer and employee parking shall be segregated, and customer parking shall be located in the area with the highest accessibility to the main retail area of the store. 164

165 (b) Regulations for Drive-In Banking Facilities. (1) Status. Drive-in banking facilities are a conditionally permitted use in C2, C3, C4 and M1 Districts. (2) Associated with bank. All drive-in banking facilities shall be located on the same zoning lot as a bank or other financial institution and shall be attached to that institution by means of a canopy or other structural means. (3) Queue. A linear queue shall be provided for every teller or teller station. These spaces shall not block or otherwise interfere with the site circulation patterns as shown on the required site plan. Minimum requirements for each queue shall conform to the following table: Minimum Queue Number of Drive-In Stations Vehicles Feet (4) Segregation of parking. Customer and employee parking shall be segregated, and customer parking shall be located in the areas with the highest accessibility to the bank lobby. (5) Circulation. The circulation system shall provide smooth, continuous traffic flow with efficient, nonconflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements. (6) Access. Immediate access to major streets shall be required. (7) Illumination design standard. Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or upon any adjacent public street. (8) Automatic Teller Machines. Automatic Teller Machines shall be required to attain a Nonresidential Design Guidelines Certificate of Appropriateness and to meet the requirements of paragraphs (b)(5), (6) and (7) hereof. (c) Regulations for Drive-In Restaurants (Fast Foods). (1) Drive-in restaurants (fast foods) are a conditionally permitted use in C3, C4 and M1 Districts. (2) There shall be access located along the frontage(s) providing both ingress and egress to the property. Driveways shall have a minimum distance of thirty feet in width at the curb line or twenty-four feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in a Residential District or ten feet to an adjacent property line in any other zoning district. On corner lots, such driveway shall be located no 165

166 closer than thirty feet to the intersection of the right-of-way lines of the two streets. (3) A solid wood fence or masonry wall six feet high shall be constructed where the delivery window is located adjacent to a Residential District. All landscaped areas shall be separated from all paved areas by a six-inch high curb. A raised curb six inches high and six inches wide shall be constructed along all street frontages, except within driveway openings, and shall form a landscape island having a minimum width of five feet, including the width of the curbs. (4) Exterior lighting shall be shaded wherever necessary or so directed that the light intensity or brightness shall not be objectionable to surrounding areas EATING AND DRINKING ESTABLISHMENTS, FULL SERVICE REGULATIONS. (a) Eating and drinking establishments, full service are a conditionally permitted use in M1 and 0 Districts. (b) Uses shall be designed so that access points and circulation do not interfere with surrounding industrial uses HOSPITAL REGULATIONS. (a) Hospitals are a conditionally permitted use in R6, R10, C2, 0 and M1 Districts. (b) Immediate access to a primary arterial shall be required. (c) Maximum lot coverage shall be twenty-five percent. (d) Setback required for off-street parking shall be fifty feet. (e) A six-foot solid wall, fence or compact hedge shall be required when located closer than 150 feet to an existing or platted residential development. (f) An assessment shall be made of the probable impact of the proposed facility on the prevailing and future traffic expected on the adjacent major street and adjacent properties. (g) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or upon any public street. (h) Such use shall not pose a health hazard or other danger to surrounding properties. (i) Disposal of all wastes created on the site shall conform to all standards set by the Environmental Protection Agency, the County Health Department and the Nuclear Regulatory Commission. 166

167 ELEMENTARY AND SECONDARY SCHOOL REGULATIONS. (a) Elementary and secondary schools are conditionally permitted uses in AGR, Rl, R2, R3, R4, R6, R10, 0 and M1 Districts. (b) There shall be a minimum yard requirement of 150 feet in any yard from which unrestricted exits or entries to the principal structure are made. All parking areas and/or areas where vehicles may pick up or discharge passengers shall be screened from view from any adjacent existing or platted residential area. No on-street pick-up or discharge of passengers shall be permitted. (c) The minimum lot shall be five acres BAR REGULATIONS. (a) Bars are a conditionally permitted use in 0 and M1 Districts. (b) Uses shall be designed so that access and circulation do not interfere with surrounding office and industrial functions UNIVERSITY, COLLEGE, SEMINARY AND VOCATIONAL AND TECHNICAL SCHOOL REGULATIONS (a) Universities, colleges, seminaries and vocational and technical schools are conditionally permitted uses in AGR, Rl, R2, R3, R4, R6, R10, Cl, C2 and 0 Districts (b) Immediate access to a major street shall be required. (c) An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic on the adjacent primary arterial. (d) All parking areas and/or areas where vehicles may pick up or discharge passengers shall be screened from view from any adjacent existing residential development. (e) Parking and landscaping plans shall be submitted to ensure compatibility with surrounding uses GARBAGE AND REFUSE TRANSFER, HANDLING, PROCESSING AND STORAGE REGULATIONS. (a) Garbage and refuse transfer, handling, processing and storage are conditionally permitted uses in M Districts. (b) Property must be adjacent to a numbered State or Federal highway. 167

168 (c) All activity shall occur only in a totally enclosed building, no part of which is closer than 200 feet to any structure occupied as a residence. (d) The applicant shall advise the Municipality as to what special permits are required, such as E.P.A., County Board of Health and Nuclear Regulatory Commission. Such permits shall be furnished prior to approval. (e) Transport of wastes on highways or off-loading from railroads shall occur only during daylight hours. (f) Only State and Federal highways shall be used for transport. (g) The impact of such facility on sanitary sewers, sewage treatment, sta lii sewers, storm water quality, air quality and noise shall be assessed by competent certified engineers, selected by the Municipality and paid for by the applicants. All costs to abate problems in these areas shall be borne by the applicant. (h) Nothing in this section shall prohibit any governmental entity from performing solid waste collection and disposal, normal sewage treatment and sludge removal and disposal REGULATIONS FOR BUILDINGS WITH NONCONTINUOUS FOUNDATIONS (POLE BUILDINGS). (a) Buildings with_noncontinuous foundations (pole buildings) are a conditionally permitted use in AGR, R1, C3, M and M1 Districts. (b) The architectural treatment shall be such that all four sides of the structure appear to be of the "standard continuous foundation" construction type. (c) The roof pitch shall be not less than 4/12. (d) Building sides facing or perpendicular to streets shall be of individual architectural elements assembled on site, not metal panels or subsystems which give the appearance of metal panels. (e) The minimum standards set forth in subsections (b) through (d) hereof do not apply when the use is agricultural and related to products produced on the site, except that a change of use to other than agricultural will require the minimum standards to be met HOTEL/MOTEL REGULATIONS. (a) Hotels and motels are conditionally permitted uses in C2 and M1 Districts. (b) The overall size and height of the structure shall be similar to surrounding uses. (c) There shall be direct access to a primary arterial or to an on-site collector to a primary arterial. (d) Pedestrian access points to the structure shall be reviewed for safety to users and passersby. 168

169 MEDICAL AND HEALTH-RELATED SERVICES REGULATIONS. (a) Medical and health-related services are conditionally permitted uses in Cl and M1 Districts. (b) Such uses shall not pose a health hazard or other danger to surrounding properties. (c) Disposal of all wastes created on the site shall conform to all standards set by the E.P.A., the County Health Department and the Nuclear Regulatory Commission. (d) Parking volume shall not exceed that for other permitted uses in the district. (e) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or adjacent public street BUSINESS AND PROFESSIONAL OFFICE REGULATIONS. (a) Business and professional offices are a conditionally permitted use in AGR and M Districts. (b) Office uses must be incidental to or related to a permitted land use on the same site RESEARCH AND DEVELOPMENT INDUSTRY REGULATIONS. (a) Research and development industry is a conditionally permitted use in C 1, C2, C3 and 0 Districts. (b) The overall size and height of the structure shall be similar to surrounding uses. (c) There shall be direct access to a primary arterial or to an on-site collector to a primary arterial. (d) Pedestrian access points to the structure shall be reviewed for safety to users and passersby. (e) Such use shall not pose a health hazard or other danger to surrounding properties. (f) Disposal of all wastes created on the site shall conform to all standards set by the E.P.A., the County Health Department and the Nuclear Regulatory Commission. (g) Parking volume shall not exceed that for other permitted uses in the district. (h) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or adjacent public street STORAGE BUILDING/GARAGE REGULATIONS. (a) Storage buildings are a conditionally permitted use in AGR, 0, MI and M Districts. (b) Storage uses must be incidental to or related to a permitted use on the same site. 169

170 (c) The overall size and height of the structure shall be similar to surrounding uses, and building setbacks and building height shall not exceed the requirements of the applicable zoning district. (d) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or adjacent public street. (e) Storage buildings in the 0, M, and MI Districts shall be reviewed by the Planning and Zoning Commission for compliance with nonresidential design guidelines RESIDENTIAL DISTRICTS STORAGE BUILDINGS/GARAGE REGULATIONS. (a) In single family residential districts, storage buildings larger than 200 square feet shall be a conditional use approved by the Planning and Zoning Commission. (b) Storage uses must be incidental to a pehnitted use on the same site. (c) Exterior lighting shall be shaded whenever necessary to avoid casting direct light upon any adjacent property or adjacent public street. (d) No storage building shall be used as a dwelling unit or home business. (e) There shall be no overhead doors. (f) Storage buildings shall be compatible in appearance, design, architectural character, color, and building materials of the residential structure. (g) There shall be at least a five foot setback from all property lines. (h) There shall be a maximum height of 15 feet. (i) There shall not be any greater variance of the length and width walls than a 60% - 40% ratio WHOLESALE BUSINESS REGULATIONS. (a) Wholesale businesses are a conditionally permitted use in AGR, Cl, C2, C3, C4 and 0 Districts. (b) In an AGR District, the use must be incidental to or related to a permitted use on the site. (c) The overall size and height of the structure shall be similar to surrounding uses. (d) Such use shall not pose a health hazard or other danger to surrounding properties. (e) Disposal of all wastes created on the site shall confoun to all standards set by the E.P.A., the County Health Department and the Nuclear Regulatory Commission. (f) Parking volume shall not exceed that for other permitted uses in the district. 170

171 (g) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or adjacent public street PET GROOMING CENTER REGULATIONS. (a) Pet grooming centers are a conditionally permitted use in C2 and C3 Districts and a permitted use in C4 Districts. (b) Grooming is restricted to cats and dogs, with no overnight boarding or outside running. (c) Related sales of pet grooming supplies and other pet related items are pe flitted SEXUALLY ORIENTED BUSINESS REGULATIONS (a) Sexually oriented businesses are a conditionally permitted use in C4 Districts. (b) Signs shall not exceed the size and type permitted in Section , the passage of a comprehensive sign plan for the site notwithstanding. (c) There shall be a minimum spacing of 1,000 feet in every direction between sexually oriented businesses and those such businesses granted a conditional use permit and all other similar or permitted businesses. (d) There shall be a minimum spacing of 1,000 feet in every direction between a sexually oriented business and the following land uses: (1) A church; (2) A public or private elementary or secondary school; (3) A boundary of a Residential District; (4) A public park adjacent to a Residential District; and (5) A lot line of a lot devoted to residential use SELF-STORAGE BUILDINGS. (a) Self-storage buildings are a conditionally permitted use in C3, C4, M1 and M Districts. Self-storage buildings shall meet the City's Nonresidential Design Guidelines. (b) Type A buffer is required adjacent to residential uses and Type B buffer is required adjacent to all other uses. (c) Street frontage shall meet the perimeter mounding, fencing, and tree requirements of Section

172 (d) No outside open storage of personal property, such as boats, cars, RV's, campers, trailers, etc. is permitted, except in M1 and M Districts TATTOO AND BODY PIERCING BUSINESS REGULATIONS. (a) Tattoo and body piercing businesses are a conditionally permitted use in C4 and M1 Districts. (b) As used in this section: (1) "Body piercing" means the piercing of any part of the body by someone other than a physician licensed under Ohio R.C. Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun. (2) "Body piercing establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where body piercing is performed, including any area under the control of the operator. (3) "Business" means an entity that provides tattoo, body piercing or tattoo and body piercing services for compensation. (4) "Ear piercing gun" means a mechanical device that pierces the ear by forcing a disposable single-use stud or needle through the ear. (5) "Premises" means the physical location of a body piercing establishment or tattoo establishment. (6) "Tattoo" means any method utilizing needles or other instruments by someone other than a physician licensed under Ohio R.C. Chapter 4731, to permanently place designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a person with ink or any other substance resulting in an alteration of the appearance of the skin. (7) "Tattoo establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where tattooing is performed, including any area under the control of the operator. (c) Such business shall comply with all of the requirements and regulations provided for such business in the Ohio Revised Code or the Ohio Administrative Code, as now enacted or amended hereafter, as well as all other applicable provisions of these Codified Ordinances. (d) Signs shall not exceed the size and type permitted in Section , the granting of a comprehensive sign plan for the site notwithstanding. (e) There shall be a minimum spacing of 1,000 feet in every direction between tattoo and/or body piercing businesses and all other similar or permitted businesses. 172

173 (f) There shall be a minimum spacing of 1,000 feet in every direction between a tattoo and/or body piercing business and the following land uses: (1) A church; (2) A public or private elementary or secondary school; (3) A boundary of a Residential District; (4) A public park adjacent to a Residential District; and (5) A lot line of a lot devoted to a residential use OUTDOOR SERVICE FACILITY REGULATIONS. (a) "Outdoor service facility" is defined as an area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. For purposes of this section, outdoor service facilities include, but are not limited to, outdoor dining areas, restaurant and bar patios, outdoor storage areas, open-air markets and garden stores. (b) Outdoor services facilities are conditionally permitted uses in Cl, C2, C3, C4, M, 0 and M1 Districts. (c) Outdoor services facilities must be harmonious with and in accordance with the general objectives of the Zoning Code. (d) Outdoor services facilities must not be hazardous to or have a negative impact on existing or future surrounding uses. (e) Outdoor services facilities must not involve activities, processes, materials, equipment and conditions of operation, including, but not limited to, hours of operation, that will be detrimental to any persons, properly, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristics not comparable to the uses permitted in the base zoning district. (f) Outdoor services facilities must not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. (g) Outdoor services facilities must provide adequate off-street parking to accommodate the increased development impact of the outdoor services facility SEASONAL PATIO ENCLOSURES. (a) Seasonal patio enclosures are conditionally permitted in C2, C3, and C4 and the equivalent planned districts. (b) The appearance and materials of seasonal patio enclosures shall be compatible with the patio design, adjacent streetscape and the architecture and aesthetic of the building. 173

174 (c) Seasonal patio enclosures shall be located under a permanent feature of the principal structure, such as a roof, canopy or awning. (d) Seasonal patio enclosures shall be securely fastened to a permanent structure at all times; no retractable or roll down walls, screens, etc. of any kind shall be permitted. (e) Seasonal patio enclosures shall be permitted for a period between November 1 and May 1. (f) Seasonal patio enclosures shall be removed when outside of the period described in subsection (e) hereof. (g) No signage or advertising of any type shall be peimitted on seasonal patio enclosures. (h) Seasonal patio enclosures shall not enclose the main entrance of the principal structure. (i) A conditional use permit for seasonal patio enclosures shall be ongoing unless otherwise revoked AUTOMOTIVE VEHICLES AND EQUIPMENT RENTAL (a) Automotive vehicles and equipment rental establishments are conditionally permitted in the C3 district. (b) All rental vehicles shall be parked within designated striped parking spaces. (c) Required parking shall be at a ratio of 1.0 space per 200 square feet of gross floor area. (d) All equipment shall be stored within an enclosed space and no equipment may be stored outdoors. 174

175 CHAPTER 1288 Nonconforming Uses Continuation, expansion, elimination and reconstruction Nonconforming lots of record Nonconforming structures Nonconforming uses Repairs and maintenance CONTINUATION, EXPANSION, ELIMINATION AND RECONSTRUCTION. (a) Intent. Within the City of Pickerington there exist: (1) Lots; (2) Structures; (3) Uses of land and structures; and (4) Development Standards of uses; Which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance. It is the intent of this section to permit these nonconformities to continue until they are removed, with the greatest sensitivity to landowner rights. It is further the intent of this section to require that Code sections within this Chapter be liberally construed in favor of the landowner. (b) Extension of Nonconforming Uses. The Board of Zoning Appeals shall have the authority to grant an extension of a building or the expansion of the use of a lot devoted to a nonconforming use where such extension is necessary and incidental to the existing use of such building or lot. However, the floor areas or lot areas of such extensions shall not exceed, in all, 100% of the area of the existing building or lot devoted to a nonconforming use. The decision of the Board of Zoning Appeals may be appealed to City Council NONCONFORMING LOTS OF RECORD In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in 175

176 which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals. If 2 or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Zoning Ordinance. The Planning and Zoning Commission may permit the development of 2 or more contiguous, non-conforming lots if it is determined that the proposal is consistent with the development pattern in the site area, will not have an adverse effect on adjacent properties and is consistent with City plans or objectives for the area NONCONFORMING STRUCTURES. Where a lawful structure exists at the effective date of adoption of this Zoning Ordinance, or amendments thereto, that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. (b) Should such nonconfoll ring structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance. (c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved NONCONFORMING USES. The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the followiug-. (a) Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located. (b) On approval of an appeal to the Board of Zoning Appeals, a nonconforming use may be changed, to a use closer in character with the zoning district in which the nonconforming use is located. 176

177 (c) On approval of an appeal to the Board of Zoning Appeals, a nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use. (d) No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least 1 year. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner until completed REPAIRS AND MAINTENANCE. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, heating, air conditioning or plumbing, to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 177

178 CHAPTER 1290 Off-Street Parking and Loading EDITORS NOTE: Resolution 94-22, passed October 18, 1994, adopted the Downtown Handicapped Parking Plan and incorporated the same into the Comprehensive Land Use Plan. Copies of such resolution and plans may be obtained, at cost, from the Municipal Clerk General requirements Location of parking Computation of required off-street parking spaces Required documentation Off-street parking of operable and disabled vehicles Specific off-street parking requirements Design standards for off-street parking Specific off-street loading requirements Design standards for off-street loading Parking and storage requirements for special recreational and large vehicles. CROSS REFERENCES Division of municipal corporation into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R.C et seq. Parking generally - see TRAF. Ch. 452 On-site storage of motor vehicles - see P. & Z Off-street parking and loading in Residential Districts - see P. & Z Parking in Commercial/Industrial Planned Districts - see P. & Z (e), (b), (c) Lighting of parking lots - see Pt. 12, Title 8, Appx. I GENERAL REQUIREMENTS. (a) Compliance Required. No building or structure or use of land shall be erected, substantially altered or have its use changed unless permanently maintained off-street parking spaces are provided in accordance with the provisions of this Code and the Nonresidential Design Standards of this Code. (b) Prospective Application. The requirements of this section shall not apply to any existing building or structure or use except as required below. 178

179 (c) Minor Changes. Whenever a building or structure is changed or enlarged in floor area, number of dwelling units; seating capacity, or otherwise, to create a need for an increase of more than ten percent (but less than fifty percent) in the number of existing parking spaces, additional parking spaces shall be provided consistent with this Code on the basis of that enlargement or change only. (d) Major Changes. Whenever a building is enlarged to the extent of more than fifty percent in floor area, number of housing units, seating capacity or otherwise, such building or structure shall then and thereafter comply with the full parking requirements set forth herein. However, a change in use that creates a need for an increase of less than five off-street parking spaces will require only those additional parking facilities required by subsection (c) hereof. (e)change of Use. Whenever a building undergoes a change of use requiring the addition of more than ten parking spaces, the new use shall comply with this Code in full. (1) Extension of Nonconfoiming Use. Additional parking requirements, if any, will be deteimined by the Board of Zoning Appeals at such time as the Board approves an extension under Section LOCATION OF PARKING. (a) On-Site Parking. Off-street parking spaces required by this section shall be provided on the same lot as the principal use the spaces are provided to serve, except for those cases identified below. (b) Satellite Parking. (1) If the number of off-street parking spaces required by this section cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located in the C-2 District, then a satellite parking area may be used. However, the use and the parking must both be in the C-2 District. Where parking is being provided collectively, spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off-site parking spaces are referred to in this section as "satellite" parking spaces. (2) All such satellite parking spaces must be located within 500 feet of a public entrance of a principal building housing the use associated with such parking or within 500 feet of the lot on which the use associated with such parking is located, if the use is not housed within a principal building. (3) Those wishing to take advantage of the provisions of this section must present a satisfactory written agreement assuming the retention of the spaces, properly drawn and executed by the parties involved, and 'approved as to form by the Law Director. Such persons must also sign an acknowledgment that the continuing validity of their permit depends upon their continuing ability to provide the requisite number of parking spaces. 179

180 (c) Required Setbacks. (1) Parking shall be permitted in 40% of the required front yard setback. Residents with private drives leading to an approved garage may park operable automobiles in the required front yard setback for up to one week. Usual and customary parking, such as the parking of operable privately-owned vehicles in residential private drives, is expressly pefinitted. Storage of vehicles in the required front yard is prohibited. (2) Parking shall be permitted in 40% of the required side yard setbacks when the adjacent zoning is commercial or industrial. (3) There are no restrictions on maneuvering in the rear yard setback except that sufficient space for screening, which may be required, must be reserved. (4) Semitractor parking in required yard areas is also regulated by Chapter 452 of these Codified Ordinances COMPUTATION OF REQUIRED OFF-STREET PARKING SPACES. (a) Fractional Spaces. When units of measurement determining the number of required parking spaces result in requirement of a fractional space, any fraction shall require one additional parking space. (b) Joint Use. Two or more nonresidential uses may jointly provide and use off-street parking spaces when their respective hours of operation do not noimally overlap, provided that a written agreement approved by the Development Services Director shall be filed with the application for a zoning certificate. Uses that do not have the same hours of operation may designate up to fifty percent of their respectively required number of off- street parking spaces as shared spaces. Buildings or uses not normally open, used or operated during the principal operating hours of theaters, churches or school auditoriums include banks and financial institutions, business and professional offices and retail and personal service establishments. (c) Mixed Occupancies and Uses Not Specified. In the case of mixed uses, the total requirement for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned, the requirements for off-street parking facilities shall not be considered as providing required parking facilities for any other use, except as specified for joint use, (d) Collective Provision- of Facilities. Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided the total of such off-street parking spaces supplied collectively is not less than the sum of the requirements for the various uses computed separately, and provided that the requirements set forth for satellite parking spaces shall apply to each establishment participating in the collective provision of off-street parking spaces. 180

181 (e) Multiple Uses in a Single Establishment. A single establishment in one building or structure may contain both public and nonpublic spaces. The off-street parking required for spaces such as kitchens, mechanical rooms, offices and service areas may be separately computed and added to the requirement for public areas to determine the total parking requirement REQUIRED DOCUMENTATION. All applicants for a zoning certificate, conditional use permit or planned district approval shall include with their application a plan drawn to scale showing the location and arrangement of any off-street parking and planting areas required by this Code. In addition, such plan shall show: (a) (b) A north arrow; A scale; (c) The location, dimensions and labeling of all existing driveways, buildings, paved areas, fences, roof overhangs, streets, alleys, sidewalks and reference to the nearest street intersections; (d) The location and labeling of all fire hydrants, trees and other objects on public property along the site boundaries; (e) All necessary profiles end elevations to ensure that grades and drainage are adequately handled; and (f) The location of all required planting areas and the type and location of plant materials to be used in the required landscaping OFF-STREET PARKING OF OPERABLE AND DISABLED VEHICLES. All required off-street parking areas shall be solely for the parking, loading and unloading of operable motor vehicles and are not to be used to store inoperative motor vehicles or for any motor vehicle repair work or service of any kind, except for emergency repairs. The parking of a disabled vehicle for a period of more than seven days shall be prohibited, unless such vehicle is stored in an enclosed garage, fence, or other accessory building. (See Section of the Streets, Utilities and Public Services Code.) SPECIFIC OFF-STREET PARKING REQUIREMENTS. Specific off-street parking requirements in the various zoning districts of the Municipality are as follows: 181

182 (a) Residential Uses. (1) Single-family dwellings. (R1, R2, R3, R4 and R6 Districts) Enclosed garage of at least 385 square feet and not more than 960 square feet in R1 and R2 Districts; not more than 720 square feet in R3 and R4 Districts; and not more than 420 square feet in R6 Districts; (2) Single-family dwellings. (R10District) Enclosed garage of at least 385 square feet and not more than 420 square feet; (3) Two-family dwellings. (R6 and R10 Districts) Enclosed garage of not less than 360 square feet and not more than 420 square feet per dwelling; (4) Three-family dwellings. (R6 and R10 Districts) Enclosed garage of not less than 360 square feet and not more than 420 square feet per dwelling; (5) Zero lot line/patio dwellings. (R6 and R10 Districts) Enclosed garage of not less than 360 square feet and not more than 420 square feet per dwelling; (6) Row house dwellings. (R6 and R10 Districts) Enclosed garage of not less than 360 square feet and not more than 420 square feet per dwelling; (7) Multifamily dwellings. (R6 District) Enclosed garage of not less than 360 square feet and not more than 420 square feet per dwelling; (8) Multifamily dwellings. (R10 District) Enclosed garage of not less than 200 square feet and not more than 420 square feet per dwelling. If the enclosed garage is less than 360 square feet, then one additional off-street parking space shall be provided. (9) Home occupations. 1.0 per dwelling; and (10) Farm markets. 1.0 per each ten feet of frontage. (b) Institutional Uses. (1) Day care centers. 1.0 per employee, plus 1.0 per 5 children at capacity, plus a drop-off area at the main entrance sufficient to accommodate 4 automobiles; (2) Elementary schools/middle schools. 1.0 per employee, plus 1.0 per 2 classrooms; (3) High schools. 1.0 per employee, plus 1.0 per 5 students at capacity; (4) Universities/colleges/seminaries/vocational-technical schools. 1.0 per every onpremise 3 students, plus 1.0 per employee; (5) Religious or Public Assembly. 1.0 per 3 seats at maximum capacity; shift; (6) Hospitals. 1.0 per every 2 beds, plus 1.0 for every employee on the largest work 182

183 (7) Nursing homes. 1.0 per 500 gross floor area; and (8) Animal clinics. 1.0 per 200 square feet of gross floor area. (c) Commercial Uses. (1) Consumer retail. (Cl and C-2 Districts) 1.0 space per 250 square feet of gross floor area; area; (2) Consumer retail. (C3 and C4 Districts) 1.0 space per 200 square feet of gross floor (3) Personal service. 1.0 space per 250 square feet of gross floor area; (4) Commercial entertainment. 1.0 space per fifty square feet of assembly space, plus 1.0 space per 100 square feet of office space; (5) Commercial training. 1.0 space per employee, plus 1.0 per 5 students at capacity; (6) Automotive vehicle and equipment sales. 1.0 space per 200 square feet of floor area, plus 1.0 space per 500 square feet of open outdoor display space; (7) Automotive service/repair. 1.0 space per 140 square feet of floor area, including 3.0 per any service bay; Full-service restaurant/bars. 1.0 space per 100 square feet of floor area; Restaurants with drive-thrus. 1.0 per 175 square feet of floor area; area; Professional and business offices. 1.0 space per 300 square feet of gross floor (11) Medical and health-related services. 1.0 per 100 square feet up to 1,000 total gross square feet and 1.0 per 200 square feet from gross square footage of 1,000+; (12) Research and development laboratories. 1.0 space per 200 square feet of office space, plus 1.0 space per 500 square feet of open work and laboratory area; and (13) Hotels/motels. 1.0 space per sleeping room, plus 1.0 space per 200 square feet of office space and 1.0 space per fifty square feet of restaurant / lounge space. (d) Recreational Uses - Outdoor. (1) Athletic fields spaces per acre; (2) Community centers. 1.0 per 150 square feet; (3) Golf courses. 6.0 spaces per hole; 183

184 (4) Game courts. 5.0 spaces per court; (5) Swimming pools. 1.0 space per 75 square feet of water surface area; (e) Recreational Uses Indoor. (1) Community Centers. 1.0 per 150 square feet; (2) Indoor athletic facilities. 1.0 per 150 square feet; (3) Game courts. 5.0 spaces per court; (4) Swimming pools. 1.0 space per 75 square feet of water surface area; (5) Auditoriums. 1.0 space per every 4 seats at capacity; Industrial Uses. 1.0 space per 200 square feet of office space, plus 1.0 space per each 500 square feet of additional gross floor area. (g) Warehouse uses. 1.0 space per 2,000 square feet of gross floor area; DESIGN STANDARDS FOR OFF-STREET PARKING. (a) Parking Space Dimensions. (1) Off-street parking spaces shall conform with the appropriate stall and aisle dimensions as shown in the following figure. An off-street parking space shall have minimum rectangular dimensions of not less than nine feet in width, and eighteen feet in length for ninetydegree parking; nine feet in width and twenty-three feet in length for parallel parking; ten feet in width and nineteen feet in length for sixty-degree parking; and ten feet in width and nineteen feet in length for forty-five degree parking. (2) All dimensions shall be exclusive of driveway aisles, driveways and other circulation areas. (3) Head-in parking shall provide a minimum clear distance of three feet when parking is adjacent to a building. (4) Parking spaces shall be provided for handicapped persons in accordance with the provisions of the Ohio Basic Building Code, as applicable. 184

185 A PARKING STALL MINIMUM PARKING STALL AND AISLE DIMENSIONS B STALL WIDTH C LENGTH OF D AISLE WIDTH E WIDTH OF ACCESS Parallel 9.0 feet 21.0 feet 12.0 feet 20.0 feet feet 19.0 feet 13.0 feet 20.0 feet feet 19.0 feet 18.0 feet 20.0 feet feet 18.0 feet 25.0 feet 25.0 feet (b) Paving. All open parking spaces shall be graded and provided with a hard surface of bituminous asphalt or Portland cement concrete. All paved areas shall be separated from all unpaved areas by approved curbing, except for single-family residential off-street parking spaces and parking spaces in the AGR Rural District. (c) Drainage. All open, off-street parking spaces and areas shall be provided with adequate drainage facilities, as approved by the City Engineer, in accordance with the Development Regulations. (d) Driveways. There shall be adequate provisions for ingress to and egress from all off-street parking spaces, in accordance with the Development Regulations and the Access Code. (e) Lighting. Any lighting used to illuminate off-street parking areas shall be equipped with suitable shielding to prevent glare and illumination of adjoining property. (f) Maintenance. The owner of property used for off-street parking shall maintain such area in good condition without holes and free of all dust, trash and other debris and shall maintain in visible condition the striping of individual parking spaces. (g) Perimeter Treatment. A six-inch high curb shall be provided on.,the parking lot side of a five-foot wide space between the off-street parking lot and the street right-of-way line. This strip shall be sodded and landscaped SPECIFIC OFF-STREET LOADING REQUIREMENTS. Specific off-street loading requirements for various commercial and industrial uses in the Municipality are as follows: 185

186 (a) Required Spaces. (1) Retail/service/office establishments. One space in excess of the first 10,000 square feet of floor area plus one space for each additional 20,000 square feet thereafter; (2) Truck/terminal/warehouse/wholesale establishments. One space for each 7,500 square feet of floor area; (3) Industrial establishments. One space for the first 10,000 square feet of floor area plus one space for each additional 20,000 square feet (b) Off-street loading requirements for any use not specified in this Code shall be the same as that specified for a similar permitted use, as determined by the Development Services Director DESIGN STANDARDS FOR OFF-STREET LOADING. (a) Single-Use Spaces. No area allocated to loading and unloading facilities shall be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities. (b) Adjacent Residential. No loading and/or unloading shall be located closer than fifty feet from any lot in a Residential District unless such loading and/or unloading is done wholly within a completely enclosed building or unless the same is enclosed on all sides by a wall or uniformly painted wood fence not less than six feet in height. An evergreen hedge or planting not less than six feet in height may be substituted for a fence if it is maintained good condition. (c) Dimensions. Each loading space shall be not less than ten feet in width, twenty-five feet in length and fourteen feet in height. (d) Paving. All loading and/or unloading areas and adjacent aisles and driveways shall be paved with asphalt material or cement. (e) Location. All required loading spaces shall be off-street and shall be located on the same lot as the specific use to be served. No loading space shall be located within a required front or side yard. No permitted or required loading space shall be located within fifty feet of the nearest point of intersection of any two public thoroughfares. (f) Drainage. All loading spaces shall be provided with adequate drainage facilities as approved by the City Engineer. 186

187 PARKING AND STORAGE REQUIREMENTS FOR SPECIAL RECREATIONAL AND LARGE VEHICLES. (a) General Requirements. The off-street parking of a recreational vehicle, boat and/or boat trailer, pick-up camper or coach (designed to be mounted on automotive vehicles), motorized dwelling, tent trailer, travel trailer or utility trailer in a Residential District is permitted subject to the following conditions. (b) Yard Parking and Temporary Loading. None of the above-mentioned vehicles shall be parked in the required front or side yard, except that they may be parked in a driveway for not longer than forty-eight hours in any calendar week for loading or unloading. (c) Rear and Side Yard Parking and Storage. (1) In the rear or side yard at each residential zoning lot, parking or storage of only the following types of vehicles shall be permitted, provided such parking or storage does not intrude on the minimum rear or side yard requirements set forth in this Zoning Code: A. Camper trailer (shall be stored in a collapsed position to a height not more than five feet, six inches); B. Travel trailer; C. Boat or boat trailer, either mounted or unmounted; D. Pick-up coach; and E. Motorized home. (2) All such parking shall be as close to the structure as practical, but not closer than two feet nor farther than twenty feet. (3) For side yard storage, the length of the vehicle shall not exceed the length of the structure's adjacent wall. (4) For rear yard storage, the length of the vehicle shall not exceed the length of the structure's adjacent wall. (d) Utility Hook-ups. No such camping or recreational equipment shall have fixed connections to electricity, gas, water or sanitary sewer facilities, nor shall such equipment be used as a dwelling in any case. (e) Inoperable Vehicles. (1) No motor vehicle shall be parked or stored in any district other than an M District for a period in excess of one week when any such motor vehicle: A. Does not bear a current registration plate; and/or B. Is not in operating condition. 187

188 (2) Such motor vehicles may be parked or stored for a period in excess of seven days if parked or stored entirely within an enclosed building. (f) School Buses and Semitrailers. School buses and semitrailers may be parked in the AGR Rural District and the C3, C4, M1 and M Districts, but they shall not be parked in any other district except as they may be parked on the property of the local school district. (See Chapter 452 of the Traffic Code.) 188

189 CHAPTER 1292 Signs Intent; scope; use types; unlisted signs Permitted signs for which no certificate is required Permitted signs for which a certificate is required Prohibited signs Design and location requirements Schedule of sign regulations by use Nonconforming signs Olde Downtown Pickerington Village Area portable (sandwich board) sign regulations. CROSS REFERENCES Division of municipal corporation into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R.C et seq. Street and traffic control signs in developments - see P. & Z Sign permits - see P. & Z Signs in OG Districts - see P. & Z (c)(4) Signs in S.R. 256 corridor - see P. & Z (c) INTENT; SCOPE; USE TYPES; UNLISTED SIGNS. (a) It is the intent of this chapter to encourage the proper development and use of planned graphic signage systems and to regulate signs and signage systems. In addition to protection from distractions and obstructions that may contribute to traffic and pedestrian accidents, it is the contention of this chapter that signs are as much subject to control as noise, odor, debris and like characteristics of a use and that if they are not controlled and regulated, they may become a nuisance factor to adjacent properties or the community in general. To protect the general health, safety and welfare of the community, and to protect and encourage a more attractive, businesslike appearance of the community, all signs and signage systems are subject to this chapter. (b) This chapter recognizes two underlying sign uses, namely on-premises and off-premises signs, and regulates each such use in accordance with community standards and the appropriate visual effect of signage in each zoning district. Onpremises signs are intended primarily for identification of a land use on the same 189

190 premises. In some zoning districts, on-premises signs may advertise as well. Offpremises signs advertise, promote or inform regarding products or services available primarily at locations other than the site of the off-premises sign. Off-premises signs include billboards and other signs that fit the above description. Co-op signs are a combination of on-premises and off-premises uses. Typically furnished by national or regional companies, co-op signs advertise a product on part of the face of the sign and the local business on the remainder of the sign. (c) Regulation of signs is based on the concept of "visual performance." As used in this section, "visual performance" means that the way a sign functions (or will function) in the environment affects the regulations that will be applied to it. For example, a sign mounted on a pole but adjacent to a building wall could be treated as a wall sign because it functions as such. (d) Signs for uses not specifically listed in this chapter, or for which the Planning and Zoning Department requires a Code interpretation, shall be brought before the Planning and Zoning Commission. These signs shall conform to the appropriate regulation or Code interpretation within the purpose and intent of this chapter. The Planning and Zoning Department shall keep a separate record of such actions for use in updating this Code. (e) This chapter encourages comprehensive signage plans for a site under the control of a single owner, by permitting such plans to be used in lieu of specific regulations. (1) Illuminated, neon and other artificially illuminated window signs existing prior to the adoption of this section, as amended, are hereby declared to be subject to the provisions of Section PERMITTED SIGNS FOR WHICH NO CERTIFICATE IS REQUIRED. The following signs shall be permitted in the Municipality subject to the following regulations. No zoning certificate shall be required for any sign constructed or erected in accordance with this section. (a) Signs displaying the address and name of the occupant of the premises for a residential structure, not including designations as to employment or home occupations, and limited in size to one square foot and limited to one sign per premises; (b) Signs required or authorized for a public purpose by any law, statute or ordinance, including traffic control devices; (c) Signs in the nature of cornerstones, commemorative tables and historical signs, limited in size to twelve square feet and not illuminated; (d) Signs clearly in the nature of decorations customarily associated with any national, local or religious holiday, limited to sixty days in any one year and to be 190

191 displayed for not more than sixty consecutive days. Such signs may be illuminated or animated, provided that safety and visibility hazards are not created. (e) Political signs or posters concerning candidates for election, to be removed not later than five days after such election,. Such signs shall not exceed six square feet in area, shall not be illuminated, shall not create a safety or visibility hazard and shall not be located over a public right-of-way. Ballot issue signs may be permitted within the right-of-way only when specifically permitted by the City Manager or designee. No sign governed by this section shall be placed on any property without prior approval of the landowner. (f) Signs that indicate the sale, rental or lease of a particular structure or land area, to be limited in size to six square feet, with one sign allowed per street front. Such signs shall not be located in a-public right of way, nor shall they be used in lieu of permanent signs. (g) Interior signs of a business use, incorporated into a window display, as permitted in Section (a)(4), and limited to nine square feet or less. Such signs are limited to one sign per window. (h) On site directional signs indicating points of entry or exit for a facility or off-street parking area, provided such signs are limited to a maximum of 2 square feet in area and 3 feet in height and do not interfere with safe vehicular or pedestrian traffic circulation and are not located within the clear sign distance triangle. (i) Menu boards, provided such signs are oriented solely for the use of patrons utilizing the drive-thru and are directed toward traffic internal to the site PERMITTED SIGNS FOR WHICH A CERTIFICATE IS REQUIRED. All signs not already specifically excluded shall require a zoning certificate. Signs are classified into 6 types, namely wall, projected, ground, roof, interior window signs and temporary signs; and three uses, namely on-premises, off-premises and co-op signs. (a) Types of Signs. (1) Wall signs. A wall sign may be erected on a building wall that faces a street, parking lot or service drive, and such signs may not extend beyond any building setback lines. Letters, graphics and/or numerals mounted on a building wall shall be considered as wall signs. A wall sign shall be attached parallel to the building face and shall extend out ward perpendicular from the building face a maximum of fourteen inches, except that a sign may be attached to a canopy, marquee or roof that projects beyond the building, provided that no part of such sign extends beyond such roof, canopy or marquee. (2) Projected signs. A. A projected sign, including the necessary mounting structure, shall project not more than four feet outward from the wall of the structure, shall not exceed ten square feet in 191

192 size, shall not use a guy-wire or angle-iron type of support structure, unless such structure is erected in the plane of the sign, and shall not extend beyond any dimension of the wall to which it is attached. Projected signs shall be perpendicular to the wall to which they are attached, except at street corners where the sign may project at 45. angle, and may be noninternally lighted. Internal lighting of any type shall not be used. B. No projected sign shall be located less than nine feet above the sidewalk or ground level. No part of a projected sign shall be closer than six feet from the edge of the pavement or curb, whichever is appropriate. Such signs shall be of sturdy construction and shall be erected in such a manner as to protect persons who may pass underneath from possible injury.. Sign users who place projected signs over the public right-of-way shall indemnify, protect and hold harmless the City from any claim, loss or damage arising in connection with the occupation of the public right-of-way with the sign. One projected sign is permitted per building, per street frontage. "Credit card" type small projected signs are regulated by this section. Except as permitted in paragraph (a)(2)c. hereof, projected signs are permitted only in the C-2 Central Business/Mixed Use District. Projected signs shall not be co-op signs. C. One projected sign that displays the name and/or address of the building occupant, meets all of the criteria set forth above and does not exceed one and one-half square feet in size, may be displayed by any use in any zoning district. (3) Ground signs. One ground sign per building per street frontage may be erected where permitted, provided the location, size, height and other characteristics of the sign meet the requirements of this chapter. "Ground sign" includes all on-premises, free-standing signs, regardless of type or nomenclature. A. Ground signs shall have a brick or stone base with columns extending a minimum 75% up each side of the sign. B. Ground signs shall be limited to two colors that advertise more than one tenant (background and lettering shall have different colors) and have a matte finish area. C. Non-permanent lettering (changeable copy) shall be limited to 30% of the sign (4) Window signs. Window signs shall include temporary and permanent signs, posters, symbols and numerals and/or letters painted directly on, attached directly to and/or located in, near or around windows and oriented to the outside such that they are readable from a public right- of-way or designated driveway of a commercial center. For purposes of this section a window is defined as the glass area enclosed within a frame. No flashing lights or raceways of any kind or type shall be permitted. Permanent window signs shall be limited to one such sign per window and shall not exceed 25% of the window area, and in no case shall such a sign exceed nine square feet. All window signs shall be limited to ground or first floor windows only. An exception is allowed in the C2 District for a business that does not occupy first-floor space. All other sections of this chapter shall apply to the sign. 192

193 Businesses shall arrange all window signs so as to permit a clear, unrestricted line of sight from the street to the inside of the business. A. No flashing or animated signs shall be permitted and neon signs shall be limited to identify if a business is open or closed (no advertising). (5) Roof signs. Roof signs are prohibited in all districts, except as permitted previously and now existing as nonconforming users. A roof sign is any sign erected upon the roof of a building or any portion of a sign that is -above the roof of the building. The roof line shall be defined as the uppermost line of the roof of the building or, in the case of an extended building facade, the uppermost height of the facade. (6) Temporary Signs A. Community Activity Signage. Such activity that is open to the general public and sponsored by a public, private nonprofit or religious organization [that is educational, cultural, or recreational in function] is permitted signage upon compliance of the following requirements: The signage shall be limited to a 14 days per event, 32 square feet and two signs per site. The signage shall not have changeable copy (letters). The subject community activity shall own property in the City or Violet Township to advertise. Such signage may be located off premises within a public right-of-way or on public property with the express written consent of the City Manager or designee. The denial of a zoning certificate for community activity signage may be appealed to the Planning and Zoning Commission. B. Special Promotions/Grand Openings/Temporary Signs. Signs (banners and pennants) identifying, promoting or advertising grand openings, special sales and/or special occasions shall be erected for a maximum of 15 calendar days. Such signs are permitted in all Commercial, Office and Industrial Districts and in the C2 Central Business/Mixed Use District. The size of the signs shall be limited to 32 square feet. The total time period in which such signs shall be utilized on any lot or site or by any one user is 90 days in one calendar year (the 90 day time period can be divided into six 15 day increments with an approved zoning certificate). All signs shall be located on a building. At no time are banners or pennants permitted over the rightof-way. C. Development Signs. Signs indicating and promoting the development of land are permitted, at the discretion of the Development Services Director. The signs shall be limited to 32 square feet, located on the subject property (one sign per lot) outside the site triangle and five feet from property line/right-of-way. An approved zoning certificate is effective for a maximum period of twelve months and may be renewed by the Development Services Director if subject development is not completed. Such signs may be located in the public right-of-way, or on public property, upon the express written consent of the City Manager or designee. (b) Sign Uses. (1) Permanent residential subdivision identification signage. "Permanent residential subdivision identification signage" means those signage features specifically relating to the denotation of a major entrance or entrances to a residential subdivision. Such identification shall 193

194 be limited to wall-mounted signs or graphics only. For example, placement of a brick wall, railroad ties or entrance columns on each side of a street, or on a similar architectural or landscaping entrance feature, may be used. Pole-type signage is hereby prohibited. Entrance signs and features shall be in compliance with Section (Perimeter Mounding and Fencing; Trees). (2) Joint identification signs. "Joint identification signs," subject to the following conditions, shall be permitted for two or more combined, permitted uses on the same lot, to include the identification of shopping centers or other building group complexes. A joint identification shall be limited to one wall or ground sign and shall be allowed in addition to other permitted signs and total aggregate sign area. One square foot of sign area is permitted for each two linear feet of street frontage, provided that the total sign area shall not exceed fifty square feet. A second joint identification sign may be permitted if the site fronts two streets, provided the frontage is not less than 250 feet on either street. However, there shall not be more than one ground sign per street frontage, under any circumstances. (3) Off-premises signs. In addition to those off-premises signs that legally existed and that are considered to be a nonconforming use, the Planning and Zoning Commission may permit off- premises signs to be located in the C4 Highway Commercial and the M General Industrial Zoning Districts. The Commission is hereby authorized to establish additional rules for the installation, location and placement of off-premises signs. The following are the minimum criteria for the regulation of off premises signs and are effective without additional action by the Commission: A. No off-premises sign shall be closer than 1,200 feet to any other off-premises sign in any direction and along either side of any road, street or highway. B. Each off-premises sign permitted for installation shall be matched with the removal of another off-premises sign of approximately the same size located within the Municipality and removed for the specific purpose of complying. C. No off-premises sign shall be repaired if the repair cost exceeds fifty percent of the current depreciated value of the sign, without the sign being brought into total compliance with the rules and regulations set by this Code and by the Planning and Zoning Commission. No off-premises sign structure shall be replaced without the sign being brought into compliance. D. No off-premises sign shall exceed twenty-five feet in height to the top of the structure or sign face, whichever is higher. No sign face shall exceed 250 square feet. All structures shall be made of metal and shall be of the single-pole variety. Structures made of ferrous metals shall be totally maintained and painted at least once every three years. E. No off-premises sign shall be used in lieu of an on-premises sign. Advertising messages shall advertise or promote products or inform of services which are available principally at locations other than at the site of the sign. F. Sign faces shall be kept in good repair, and if poster panels are used, the face of the structure shall be scraped to metal at least once every twelve months. If painted, the paint 194

195 shall be renewed at least once every twenty-four months. The area around the base of the sign shall be kept free from debris and rank growth. G. Off-premises signs located along Federal and State highways shall not be sited so as to necessitate the cutting or removal of any existing trees in order to obtain visibility from the highway. In conformity with this provision, the Planning and Zoning Department shall consider the cutting or removal of trees prior to a permit application to disqualify an off-premises site. Subsequent cutting or removal of trees is a violation of this Code. (4) Co-op signs. Co-op signs are permitted in the Cl Neighborhood Commercial District, subject to the schedule of sign regulations, the number and size of signs permitted and the following ratio. Messages regarding products or services that are available principally at other sites shall not exceed twenty-five percent of the total face area of the sign PROHIBITED SIGNS. (a) Animated Signs. Flashing lights, blinking lights, laser lights, animated LED reader board and digital reader boards, except as permitted in this chapter, are prohibited. (b) Mobile and Portable Signs; Balloons. Mobile signs, portable signs blowup/inflatable signs and advertising balloons are prohibited, except for portable signs within the Olde Downtown Pickerington Village Area as regulated by Section of these Codified Ordinances DESIGN AND LOCATION REQUIREMENTS. (a) Sign Construction/Materials. (1) All signs shall be properly constructed to withstand a wind pressure of thirty pounds per square foot. All signs shall be built in conformity with the Ohio Building Code. Ground signs require footer inspection by the Building Department. (2) Sign material. The replacement of an existing sign for a new sign shall be constructed of the same or nearly the same material. Any material change shall require comprehensive sign plan approval by the Planning and Zoning Commission. (b) Location in Public Right-of-Way. No sign or any part of any sign shall be placed in, over or extend into any public right-of-way. Exceptions include publiclyowned signs, such as traffic control signs or directional signs, and projected signs, which may be permitted in the C2 District. (c) Illuminated Signs. (1) The level of illumination emitted or reflected from a sign shall not be of an intensity sufficient to constitute a safety hazard to vehicular movement on any street from which the sign may be viewed. 195

196 (2) Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent lots or streets. (d) Safety. All signs shall be properly constructed and maintained to ensure that no safety hazard is created. (e) Sign Measurement. (1) Sign areas shall include the face of all the display areas of the sign, including logos, graphics, stripes or combinations of colors and designs that extend the visual effect of the size of the sign, but shall not include the bracing, framing and structural supports of the sign, unless such supports are made part of the message or face of the sign. (2) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign, unless two display faces, joined back-to-back, are parallel to each other and are not more than twenty-four inches apart, or form a V-angle of less than forty- five degrees. For spherical signs, the sphere shall be bisected by an imaginary line through the center of the sphere and the surface area of the half sphere shall be counted as the sign face. (3) The area of letters, numbers, emblems, logos, stripes or combinations thereof; mounted on a building wall or wall extension, shall be computed by enclosing such a sign with the smallest single continuous perimeter around the letters, numbers or emblems. (4) For structures and uses having no direct frontage on public roads, as within shopping centers, frontage shall be based upon the actual frontage of the business structure, whether or not it is on a common mall or sidewalk. (f) Maximum Number, Height and Area of Signs. (1) In addition to placement of signs, the height, area and number of permitted signs allowed per use or lot shall be allowed as specifically regulated in the schedule of regulations in Section The height of the sign shall be measured from the established grade, which shall be defined as that point where the grade line intersects the fronting wall of the building. The height of a sign may not be artificially increased beyond the pelinitted height by placement of signage on earth mounds that are created during site development. (2) The replacement of an existing sign for a new sign shall encompass the same amount of area or less. Any area increase shall require comprehensive sign plan approval by the Planning and Zoning Commission. (g) Colors. No individual sign shall be limited to a number of colors. All signs shall have a matte finish Ground signs with more than one tenant shall meet the requirements of Section (a)(3). 196

197 (h) Comprehensive Sign Plans. (1) In any district, except the AGR District and all Residential Districts, the owner of the property may submit a comprehensive sign plan which includes all sign uses for the entire site. If any variance to the Sign Code is requested, then the property owner must apply for comprehensive sign plan. (2) Prohibited signs shall not be included in the comprehensive sign plan. Offpremises signs and co-op signs are prohibited in comprehensive sign plans. After review and approval, the comprehensive plan shall become the sign regulations for the subject site. (3) All plans shall be reviewed by the Planning and Zoning Department for completeness and attention to detail. The Planning and Zoning Department shall submit the plan with their comments to the Planning and Zoning Commission at the next scheduled meeting. The Planning and Zoning Department's comments shall be carefully considered by the Commission in its review of the plan. The Commission may approve, modify or reject a plan. (4) Comprehensive sign plans shall include all signs, permanent and temporary, which are proposed for use on the site. Exterior and window signs which are not visible from the public right-of-way shall be included in such plans for information purposes, but are generally exempt from regulation. (5) A comprehensive sign plan shall not restrict the number of colors for individual signs. All signs shall have a matte finish. The owner has the authority to restrict the number of colors per tenant and building. Ground signs with more than one tenant shall meet the requirements of Section (a)(3 ). (i) Setbacks. All ground signs shall be set back from the right-of-way line at least five feet and be located outside the site triangle (20 ft. by 20 ft.). (j) Sign Materials Channel letters shall be required with face, trim and return uniformity. The channel letter cabinet shall be located behind the wall and internally illuminated. However, non-channel letter comprehensive sign plans can be considered in circumstances deemed special by staff and the Planning and Zoning Commission (office, industrial uses, etc.). (k) High-Rise Signs. Any sign on top of a building that exceeds thirty-five feet in height is considered a high-rise sign. High-rise signs shall only be considered by the Planning and Zoning Commission when: (1) The product or service to be advertised or identified is the principal product or service available on the site. (2) The site contains a property line of not less than fifty feet in length which is contiguous to an interstate highway right-of-way. Contiguity may be established where a public street or service road is parallel and contiguous to the interstate highway right-of-way and where the subject site is contiguous to such street or service road. 197

198 Schedule of Sign Regulations by Use Zoning District On-Premises Sign Purpose Total Max. Max. Setback Number of Sign Sign From Permitted Sign Type Signs/Max. Area Height R.O.W. (sq. ft.) Wall Ground Projecting Window (sq. ft.) (sq. ft.) (ft.) ** Rural District (AGR): For each lot in this district, on-premises signs are allowed as identified, up to a max of 32 sq. ft. of sign area or one square foot for each one linear foot of public street frontage, whichever is less. Business Promotion Name Plate Home Occupation Identification 1 per street frontage./ 9 1 of the./.././ following 1 of the following../ /./../ Residential Districts (R): For each lot in this district, one of each of the identified on-premises signs are allowed, with the exception of one Project Identification sign allowed per major subdivision entrance. Name Plate Home Occupation Identification Project Identification* 1 of the following 1 of the following 1 per entrance./../../ ***././ N/../ Suburban Office District (0): For each lot in this district, one of each of the identified on-premises signs are allowed as identified. Business Promotion Name Plate 1 of the following 1 of the following../ / / 10./../../ Neighborhood Commercial District* (C1): For each lot in this district, onpremises signs are allowed as identified & not more than one promotional sign per street frontage. Co-op signs are counted as promotional signs. Business Promotion 1 of the following per street frontage 1 per street CO-OP frontage Name Plate 1 of the following../ y / / /./ 1.5 Central Business/ Mixed Use District (C2): For each lot in this district, on-premises signs are allowed as identified up to a max of one NP, HO sign, and one promotional sign. Community Highway Commercial Districts* (C3 and C4): For each lot in this district, on-premises signs are allowed as identified. Business Promotion Name Plate Home Occupation Identification Bsiness Promotion 1 of the following 1 of the following 1 of the following./ \/ 12../../../../ 1.5../ per street frontage jper building) N/ per business Name Plate 1 of the following,/ -./ 16../././

199 1 Zoning District On-Premises Sign Purpose 1 Total Number of Signs/Max. (sq. ft.) Wall Sign Type Ground Projecting Window Max. Max. Setback Sign Sign From Area Height R.O.W. (sq. ft.) (sq. ft.) (ft.)** General Industrial District* (M): For each lot in this district, on-premises and off-premises signs are permitted as identified, up to a max of 150 sq. ft. of sign area. Restricted Industrial District* (M1): For each lot in this district, on-premises signs are allowed as identified. Business Promotion Name Plate Business Promotion 1 per street./ frontage 1 per business 1 of the following 1 per street frontage./ 1 per business./ 15 \/ / Name Plate 1 of the following../../ \/ Special Uses (schools/parks): Uses may use signs in accordance with the district in which they are located, or: Church Identification Public Facility Identification../../ * Property owner may submit a comprehensive sign plan for the entire site to Planning and Zoning Commission in these zoning districts in lieu of above. ** "Setback from R.O.W." applies to Ground Signs only. *' Where two or more businesses occupy the same building, a comprehensive sign plan is required if more than fifty square feet of total sign face is requested. Name Plate (NP): Signs of a permanent nature, including lettering to indicate only the street number and/or the name of the business service or facility on the premises and lettering that is part of a trademark. Business Promotion: Signs including lettering to indicate the street number, the name and type of business, service or facility on the premises and/or the name of products which are related to the primary facility or service conducted on the premises. Home Occupation Identification (HO): Permanent advertisement signs for businesses located within a residential property, including lettering to indicate the street number and the name and/or type of business, service, or facility on the premises. 199

200 Project Identification (PID): Permanent development signs located at the entrance to a particular subdivision. Co-op: An on-premises graphic that both identifies and promotes an establishment on the site and promotes a specific product or service that is not the principal product or service available at the site. These are permitted in C- 1 districts where no more than twenty-five percent of the total sign face promotes a specific product or service that is not the principal product of the site (See Section (b)(4)) NONCONFORMING SIGNS. (a) Continuance. (1) The continuance of an existing sign that does not meet the requirements of this chapter shall be deemed a nonconforming sign which shall terminate by abandonment. A sign shall be considered abandoned when: A. The sign is associated with an abandoned use. B. The sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least ninety consecutive days. Seasonal businesses are exempt from this determination. C. The sign is not maintained or does not conform to the following: 1. All signs, together with all supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. 2. Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds. (2) Abandonment shall be determined by the City Manager or his or her designee, based upon the above criteria or at a public hearing or meeting of the Planning and Zoning Commission. Upon a finding that the signage is abandoned, the right to maintain and use such a sign shall terminate immediately. (3) Physical removal of a sign may be accomplished pursuant to the nuisance abatement ordinance of the Municipality. (b) Relocation; Replacement. (1) A nonconforming sign shall not be structurally relocated or replaced, unless it is brought into compliance with this chapter. Should any replacement or relocation take place without being brought into compliance, the sign. shall be existing illegally. (2) A nonconforming sign shall be maintained or repaired in accordance with the following: The size and structural shape shall not be changed or altered. The copy may be changed, provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming. The copy shall not be enlarged. Any subsequent owner or user shall bring the sign into compliance within thirty days. 200

201 If damage occurs to a sign to the extent of fifty percent of more of either the structure or the depreciated value of the sign, the sign shall be brought into compliance. Where damage to the sign is less than fifty percent of the structure or its depreciated value, the sign shall be repaired within sixty days OLDE DOWNTOWN PICKERINGTON VILLAGE AREA PORTABLE (SANDWICH BOARD) SIGN REGULATIONS. (a) (1) For purposes of this chapter, the Olde Downtown Pickerington Village Area shall consist of those properties located within the area being: south of the railroad; north of Park Alley between Hill Road South and East Street; fronting on East Columbus Street between the railroad and East Street; and those properties fronting on the west side of Hill Road North and South, from the railroad to Park Alley. (2) For purposes of this chapter, "portable (sandwich board) sign" means a sign usually hinged at the top, consisting of two self-supporting, equal panels. (b) Portable (sandwich board) signs and its supports are permitted in the area described in division (a) above. There is a limit of one such sign per business. The portable (sandwich board) sign shall be located on such business's property or the sidewalk of tree lawn area immediately adjacent to the business's property. The minimum clear width of the sidewalk shall comply with Americans With Disabilities Act requirements. (c) A portable (sandwich board) sign shall not exceed three feet in height or two feet in width. The total sign area shall not exceed six square feet. The sign shall be constructed of wood or plastic and constructed in such a manner as to not create a safety hazard to pedestrians or vehicle traffic. Plastic or wood signs shall be an earth tone color or white with a textured finish A restaurant business may have a chalkboard area on the sign for editable copy. Portable (sandwich board) signs shall not have lights attached to the sign. (d) A portable (sandwich board) sign shall be displayed no earlier than one-half hour before the opening of the business and shall be removed no later than one-half hour after the closing of the business. (e) Portable (sandwich board) signs shall be approved administratively if they comply with the regulations in this Section and all other City regulations. The applicant shall submit a zoning application with an elevation and site plan for staff review. (f) Community Activities.(i.e., schools, Chamber of Commerce, churches, charities, youth sports, non-profits, etc.) upon application and approval as provided in division (e) above, except that the zoning certificate fee shall not be imposed, may display up to two portable (sandwich board) signs off premises in the area described in this section. Such sign may be displayed continually for a period not to exceed-fourteen days. (g) No portable (sandwich board) sign shall be located in the sight triangle of any intersection. 201

202 CHAPTER 1294 Wireless Telecommunications Facilities Purpose Objectives Definitions Applicability Conditional use locations General requirements Approval procedures for conditional uses Submittal requirements Design standards Certification of registered professional engineer Reimbursement of expenses Denial of request Permit Time limitation for beginning of construction State or Federal requirements Abandonment of tower Nonconforming uses Penalty; equitable remedy; cumulative remedies. CROSS REFERENCES Division of municipal corporation into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R.C et seq. Telecommunications - see Ohio R.C. Ch Incorporation of Zoning Code in Development Regulations - see P. & Z Permits, certificates and licenses - see P. & Z Development Services Director - see P. & Z Amendments - see P. & Z , Violations - see P. & Z , Antennas for amateur radio stations - see P. & Z

203 Telecommunications and utility right-of-way permits - see B. & H. Ch Satellite dishes - see B. & H. Ch PURPOSE. The purpose of this chapter is to protect the health, safety and welfare of the public while not unreasonably interfering with the development of the competitive wireless telecommunication marketplace through the establishment of requirements for the installation of wireless communication facilities OBJECTIVES. The following are the City's objectives: (a) To comply with the Telecommunications Act of 1996, including any follow-on rules and/or rule interpretation by the appropriate State and Federal agencies and the courts. (b) To work pro-actively with the various wireless telecommunications service providers to ensure rapid and reliable deployment of their services and technologies while minimizing the negative impacts on the City. (c) Protect residential areas and land uses from potential adverse impacts of towers and antennas. (d) (e) Encourage the location of towers in non-residential areas. Minimize the total number of towers throughout the community. (f) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers. (g) Encourage the owners and operators of wireless towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. (h) Encourage owners and operators of wireless communications facilities and antennas to configure them in a way that minimizes the adverse impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques to be sure that, to the greatest extent feasible, wireless towers and antennas and ancillary facilities are compatible with surrounding land users. (i) facilities. Consider the public health and safety of wireless communications 203

204 Avoid potential damage to adjacent properties caused by wireless communications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed. (k) To make available appropriate City owned property and structures for wireless communications facilities DEFINITIONS. For purposes of the chapter, the following temis, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. (a) Antenna: means any exterior apparatus used for transmitting and receiving, mounted on a tower, alternative tower structure, building or 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 Tower: means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. The term includes radio and television transmission towers, microwave towers, common- carrier towers, cellular telephone towers, antenna tower alternative structures, and the like. The term also includes the structure and any support thereto. (c) Antenna Tower Alternative Structure: means man made trees, clock towers, bell steeples, and similar alternative-design mounting structures that substantially camouflage or conceal the presence of antennas or towers such that one would not identify the structure as an antenna tower. (d) Antenna Tower Height: means, when referring to a tower or other structure within the provisions of this chapter, the distance measured from the average grade plane of the antenna tower base to the highest point on the tower or other structure, including any antenna and additional height required for co-location. Lightning rods up to six feet in length and 1.25 inches in diameter may extend above the maximum height measured. When roof-mounted, antenna tower height shall be measured from the average grade plane of the building to the highest point on the tower or other structure, including any antenna and additional height required for colocation. (e) Average Grade Plane: means a reference plane representing the average of finished ground level adjoining the structure or building at all exterior surfaces. 204

205 (f) Backhaul Network: means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. (g) Co-location: means the use of wireless communications facilities by more than one wireless communications provider. (h) Conditional Use: means a use, although often desirable, which will more intensely affect the surrounding area in which such facility is located than is permitted in such zoning district. A conditional use may be permitted through a permit by the Planning and Zoning Commission after a public hearing. (i) Engineer: means a registered professional engineer licensed in the State of Ohio to provide any information of an engineering nature, whether civil, electrical or mechanical. (j) (k) FAA: means the Federal Aviation Administration. FCC: means the Federal Communications Commission. (1) Facility: see Wireless Communications Facility. (m) Force Majeure: means a strike, acts of God, acts of public enemies; administrative, judicial or regulatory orders or regulations of any kind of the United States of America and/or the State of Ohio or any of their departments, agencies or political subdivisions; riots epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent that the disabled party notifies the other party as soon as practicable regarding such force majeure. (n) Monopole: means a single pole with no above-ground lateral support from secondary structural members in either tension or compression. (o) either: No-Impact Wireless Communications Facility: means a facility which is (1) Virtually invisible to the casual observer, such as an antenna behind louvers on a budding, or inside a steeple or similar structure, or (2) Camouflaged so as to blend in with its surroundings to such an extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as a flagpole serving as an antenna. (p) Facility Personal Communications Services Tower: see Wireless Communications 205

206 (q) Pre-Existing Towers and Pre-Existing Antenna: means any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired. (r) Public Property: means real estate owned, leased, or otherwise controlled by the City or the School District. (s) Stealth Design: means any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural cements, antennas and monopoles surrounded or obscured by existing and/or proposed trees and landscaping. and antenna structures designed to look like light poles. (t) Tower: see Antenna Tower/Wireless Communications Facility. (u) Wireless Communications Facility: is an all encompassing term that includes towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes and/or any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term wireless telecommunications facility shall not include: (1) Any satellite earth station antenna two meters or less in diameter or less that is located in an area zoned industrial or commercial (2) Any satellite earth station antenna one meter or less in diameter that is designed to receive direct broadband satellite service, including direct to home satellite services or to receive or transmit fixed wireless signals via satellite regardless of zoning category; (3) Antennas that is one meter or less in diameter or diagonal measurement and is designed to receive video programming service via broadband video services (wireless cable) or to receive or to receive or transmit fixed wireless signals other than via satellite. (4) Any antenna that is designed to receive local television broadcast signals and does not use a mast higher than 12 feet above a roofline. (5) Antennas used by amateur radio operators. (6) Towers, structures, antennas, or other equipment used for the purposes of operating a public-safety voice or data radio network or an outdoor early warning system within the city limits. This includes directional and omni-directional antenna equipment, as well as microwave and point to point equipment. 206

207 APPLICABILITY. All towers, antenna support structures and wireless communications facilities, any portion of which is located within the City, are subject to this chapter. The provisions of this chapter are to be supplemented by specific regulations for the zoning districts in which such towers, support structures and wireless communications facilities are located. Except as provided in this chapter, any use being made of a pre-existing tower or antenna support structure on the effective date of this chapter (herein referred to as "nonconforming structures") shall be allowed to continue, even if in conflict with this chapter. All re-construction or modifications to a nonconforming structure being undertaken shall be required to conform with the provisions of this chapter. (a) New Towers and Antennas: All new tower and antenna sites and facilities within the City of Pickerington shall be subject to these regulations. (b) Pre-Existing Towers or Antennas: Pre-existing towers or pre-existing antennas shall not be required to meet the requirements of this chapter other than the requirements of Sections , , and (k), (1), and (m). No additions, alterations or modifications shall be made to any pre-existing wireless communication towers or antennas facilities that do not comply with this chapter without Planning and Zoning Commission review and approval except for repairs and routine maintenance CONDITIONAL USE LOCATIONS. (a) Wireless communications facilities shall be subject to administrative approval or conditional use approval in a variety of zoning districts, (b) The following table summarizes the city's zoning districts and approval procedures. (1) Administrative: See (2) Conditional use: See Zoning District Co-Locations New Tower Alternative Structure2 Multi-User Single User Agricultural Administrative Conditional Use Conditional Use Administrative Residential Administrative Not Permitted Not Permitted Administrative3 Commercial Administrative Conditional Use Conditional Use Administrative3 Industrial Administrative Conditional Use Conditional Use Administrative3 Planned Districts Administrative Conditional Use Conditional Use Administrative3 Co-location on existing antenna support structures or towers. 2 The goal of alternative tower structures is to camouflage the tower/antenna installation. 3 If the City Manager or designee determines that this essential criterion has not been met, a certificate of zoning plan approval shall be denied. The applicant shall be entitled to pursue approval through the conditional use procedures. 207

208 GENERAL REQUIREMENTS. (a) Administrative approvals may be approved by the City Manager or the City Manager's designee after an administrative review has been conducted. (b) The following criteria shall be satisfied prior to administrative approval: (1) Antenna locating on existing building or other antenna structure. Any antenna intended to be attached to a structure other than a tower may be approved as an accessory use to any commercial, industrial, professional, office, institutional, or similar structure, provided: (a) The antenna is designed to be unobtrusive. (b) The antenna does not extend more than 20 feet above the highest point of the supporting structure; (2) Co-located antennas on existing or reconstructed towers. The color and overall design of the antenna shall be consistent with the existing tower and be unobtrusive. (c) Alternative tower structure. (1) Private property. The City Manager or the City Manager's designee may approve the location of an alternative tower structure provided the site meets the purpose, objectives and applicable requirements of this chapter. (2) Public property. Approval of the City Manager is required for structures to be located on public property. (3) The objective of administrative approvals for alternative structures is to encourage ingenuity and the use of innovative methods to camouflage these facilities. If the application is denied by the City Manager or the City Manager's designee following a finding that the proposed facilities have not been reasonably disguised or camouflaged, the applicant may file an application for review as a conditional use APPROVAL PROCEDURES FOR CONDITIONAL USES. Planning and Zoning Commission Review. A wireless communications facility shall not be constructed or erected except upon a permit issued by the City after approval by the Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public hearing with advance notice of the hearing published in a newspaper of general circulation in the City and the applicant shall notify by certified mail all property owners within a distance equal to four times the proposed tower height, rounded to the nearest ten foot increment, from any part of the subject property on which the tower is to be located. A dimension of five feet shall be rounded up to the next ten foot increment. The foregoing requirement of public notice and hearing may be waived by the Planning and Zoning Commission for the construction of a new antenna on an existing structure 208

209 which application does not require the construction of a new tower or associated facilities. (1) In granting conditional use approval, the Planning and Zoning Commission may impose conditions to the extent the Planning and Zoning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties. (2) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Ohio licensed professional engineer. (3) An applicant for a conditional use shall submit the information described in this section and a non-refundable fee as established in the fee schedule to reimburse the City for the costs of reviewing and providing legal notice for the application tried SUBMITTAL REQUIREMENTS. Permit applicants for conditionally permitted wireless communications facilities shall submit the following information: (a) Survey of Existing Conditions. A survey for the property to be leased to or otherwise under the control of the provider shall be prepared by a surveyor licensed to practice in the State of Ohio. This survey shall indicate all observable physical features on the site and on property abutting the site, ownership of the property and of all property abutting the site, underground and overhead utilities, easements, deed restrictions, property line bearings and distances. Topography at two foot intervals shall be shown for the entire property or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be used when contour intervals are impractical. (b) Legal Description. Legal description of the parent-tract and leased parcel if applicable. (c) Site Development Proposal. A scaled site plan and specifications of no less than one inch equals 100 feet shall be submitted clearly indicating the location of all new and existing underground and overhead facilities. The plan shall indicate all land uses and buildings that are within 200 feet of the proposed facility. This shall include, but not be limited to, the proposed tower, antenna and associated buildings, uses and structures on the same and adjacent properties, underground and overhead utilities, and exterior lighting. Adjacent roadways, proposed means of access, parking and other information deemed necessary by the Planning and Zoning Commission for a review of the application shall also be shown. Setback dimensions shall show the distance between each property line and the closest point on the perimeter of the tower structure, excluding guy wires and other similar miscellaneous stabilizers whose collapse would not endanger surrounding property. (d) Grading and Landscaping Plan. A proposed site grading and landscape plan showing specific landscape materials and species proposed. Land contours shall 209

210 be shown at two foot intervals and the surface drainage concept shall be indicated for the entire property, or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be substituted where contour elevations are impractical. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment. (e) Antennas and Towers. Plans, elevation drawings and material specifications for all proposed antenna towers and antennas. (f) Buildings. Building plans, elevation drawings and material specifications for all proposed buildings, structures, fences, walls and gates. (g) Fence Plan. Shall include a plan and elevations drawn to scale together with a material specification for all security enclosures. Use of barb wire is permitted if compatible with the applicable zoning requirements and surrounding land uses where the wireless telecommunications facility is to be located. Use of razor wire as part of any fencing is prohibited. The City and co-locators shall have reasonable access. No fence shall be required on the top of a building or other structure if access to the roof or top of said structure is secure. The City reserves the right to require specific fencing in any visually sensitive areas. (h) Certification of Compliance. A written certification from the owner or operator of the wireless telecommunications facility that said facility is in compliance with an applicable Federal, State, County and local laws, including FCC regulations for non-ionizing electromagnetic radiation (NIER). (i) Co-Location Statement. A notarized statement by a registered professional engineer hired by the applicant that verifies that construction of the tower will accommodate co-location of additional antennas for future use and also states the ultimate height needed for the co-location capacity required. (j) Lease Agreement. For all facilities to be located on City-owned or any public property, a copy of the proposed antenna tower site lease agreement, including all easements and access rights. (k) Inventory. (1) List of applicant locations. Each applicant for an antenna and/or tower shall provide to the Planning and Zoning Commission an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are within the jurisdiction of the City of Pickerington or within three miles of the border thereof, including specific information about the location, height, and design of each tower. (2) Specification of backhaul providers. Identification of the entities providing the backhaul network for the tower(s) or antenna(s) described in the application and other telecommunication wireless sites owned or operated by the applicant within the City. 210

211 (1) Justification. A description of the suitability of the use of existing towers, other structural or technology not requiring the use of the proposed new tower. New towers shall be approved only when other preferable alternatives are not available. The applicant must demonstrate to the reasonable satisfaction of the Development Services Director that no existing tower, structure or other alternative is available to fulfill the communication requirements. Such evidence may include, but not be limited to, the following: (1) Existing facilities not available. A demonstration that a technically suitable location is not reasonably available on an existing tower, building or structure; or (2) Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, or have insufficient structural strength to support applicant's proposed antenna and related equipment; or (3) The applicant's proposed antenna would cause frequency interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; or (4) The fees, costs, or contractual provisions required by the owner of the existing structure in order to share the existing tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; or (5) If another tower is technically suitable the applicant must show that the applicant has made a written offer to allow the owner to co-locate an antenna on another tower within the City owned by the applicant on reciprocal terms and the offer was not accepted. (m) Radio Frequency (RF) Engineer Testimony. Testimony shall be made by a radio frequency engineer at all required public hearings and he or she shall attest to the engineering need for the tower height regulated DESIGN STANDARDS. For the protection of the public health, welfare and safety, all principally and conditionally permitted wireless communications facilities shall meet or exceed the following standards. (a) Co-Location: As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow co-location until said tower has reached full antenna capacity, but in no event shall the tower be able to accommodate fewer than one additional antenna for one additional provider. Antenna towers are not permitted to be built to a height which exceeds the applicant's service need as substantiated by the testimony of a radio frequency engineer. If the tower must be extended in the future to accommodate co-location, the initial tower foundation must be designed to support this co-location capacity, and the tower mustbe designed to accommodate this extension capability. The antenna tower setback defined in subsection (c) hereof must be based on the ultimate co-location tower height planned. This ultimate height must be specified on the drawings submitted. 211

212 Tower height shall not be extended until co-locators are installed. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the wireless tower or antenna. Written documentation must be presented to the Planning and Zoning Commission evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section as well as the requirements, regulations and standards established in this chapter. As an additional condition of issuing the permit to construct and operate the wireless tower or antenna in the City, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association. (b) Separation: There shall be a separation of at least one quarter mile between new antenna towers. The Planning and Zoning Commission may waive this requirement for the purposes of clustering of towers and placement of towers on electric high tension towers or if the tower being considered for co- location is not capable of supporting additional antennas. (c) Setbacks and Lot Area: Wireless communications facilities shall meet the minimum yard setback requirements as set forth in this Zoning Code for the zoning district in which the antenna and/or tower is proposed to be located. The lot on which the facility is located shall meet all lot area requirements for that zoning district. All new antenna towers shall provide the minimum setback defined by this chapter. Setback distances shall be measured from the property line on which the wireless communications facility is located to the closest point on the perimeter of the antenna tower, excluding guy wires and other similar miscellaneous stabilizers. Exceptions to antenna tower height and setback requirements: (1) New and replacement antennas located on or attached to any existing or new municipal water tower(s) located within the City of Pickerington; (2) New antenna attached to the existing tower and a replacement tower up to 150 feet in height. (d) Antenna Tower Design: All new and replacement wireless towers or antennas in the City shall be an approved design. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and its supporting equipment as unobtrusive as possible as determined by the City. (e) Materials: Towers shall maintain a galvanized steel finish, noncontrasting gay or similar color that will minimize its visibility. The City reserves the right to require that these towers be painted a color so as to reduce visual obtrusiveness. If 212

213 required by the FAA, towers may be painted pursuant to FAA or ODOT requirements. (f) Service Equipment: The Development Services Director may require that all cable, conduit, piping, equipment and miscellaneous devices serving wireless telecommunication facilities shall be either buried or concealed within the structures involved if the aesthetics of the surrounding area dictate, except when otherwise required by the Ohio Building Code and the National Electrical Code. Towers located in Commercial, Industrial or Manufacturing areas shall meet the requirements of the zoning district in which they are located. (g) Accessory Structures: All principal structures, accessory structures, buildings, shelters and equipment enclosures, together with supporting development, including, but not limited to, fence enclosures, driveways, gates and miscellaneous pavement serving and supporting the operation of the antenna tower(s) and antenna(s), shall meet the following requirements: (1) Compatibility: All development, including, but not limited to, buildings, shelters, enclosures, driveways, gates and miscellaneous pavement located in other zones shall meet the zoning standards of the underlying zone. Buildings, shelters, enclosures, driveways, gates and miscellaneous pavement located in other zones shall meet the zoning standards of the underlying zone and shall be aesthetically and architecturally compatible with the surrounding environment, as approved by the Planning and Zoning Commission. (2) Development Services Director Authority: When the antenna and antenna tower are a conditional use the Development Services Director shall review and approve the fmal design of all accessory buildings, shelters and enclosures for compliance with this chapter prior to the issuance of a permit. The Development Services Director may require additional plans, design modifications, and material specification changes and impose conditions of approval as are felt to be necessary to ensure building and/or shelter compatibility with the surrounding area. (h) Storage: Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited. (1) Fences: Screen fencing shall be provided for aesthetic and public safety reasons when the wireless communication facility, tower or antenna is ground based. All impact facilities are subject to this requirement. A fence six feet in height will be erected completely around the communication tower and any related support facilities. Fencing should be appropriate for the area in which the tower or antenna is to be located and compatible with the surrounding environment and the applicable City codes. (j) Landscape: A landscaped buffer area compatible with the surrounding environment and the zoning district in which the facility is to be located shall be provided. If the tower is to be located in close proximity to a Residential District, the 213

214 Development Services Director may require landscaping consistent with that of the adjacent area. Such landscaping may include, but not be limited to: (1) A landscape buffer of not less than ten feet in depth shall be placed between the wireless tower or antenna and the public rights-of-way, Residential Zoning Districts, and any adjacent residential uses when the wireless facility is ground based. (2) The ten foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height. (3) The landscaping shall be continuously maintained and any dead material shall be promptly removed and replaced with living material of the same species. Additional or alternative landscaping buffers may be required by the Planning and Zoning Commission to meet the goals of the City and to be consistent with the surrounding area. All impact facilities and roof-top facilities are subject to this requirement. (k) Illumination: Except as required by law, a wireless tower or antenna shall not be illuminated, and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting for security purposes shall be permitted at the wireless communications facility with prior approval of the review authority specified in this chapter for the application involved. (1) Advertising: No advertising shall be peunitted on any wireless communications facility. (m) Security: No-trespassing signs shall be posted around the wireless communications facility with a telephone number of a person to contact in the event of an emergency. (n) Certification: Towers and antennas shall be designed and sealed by a registered professional engineer in accordance with the provisions of the Ohio Building Code and the National Electrical Code. (o) Building Codes: Safety Standards: The owner of a wireless communications facility as defined in this chapter shall ensure that said facility is maintained in compliance with standards contained in all applicable state or local building codes and the applicable standards for such facilities published by the Electronic Industry Association as now exist or may hereafter be amended. If, upon inspection, the City determines that the facility fails to comply with any such codes or standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the facility, said owner shall have thirty days to bring said facility into compliance with such codes and standards. Failure to bring said facility into compliance within the said thirty days shall constitute grounds for the removal of the facility at the owner's expense. 214

215 (p) License to Operate: Owners and operators of wireless communications facilities shall submit copies of all franchises, certifications, licenses, and permits required by law for the design, construction, location and operation of wireless communications facilities within the City of Pickerington. Owners and operators shall be required to maintain same and to provide evidence of renewal or extension thereof when requested by the City. (q) Underground Equipment Shelters: Underground equipment shelters will be required when appropriate screening of such shelters cannot be accomplished CERTIFICATION OF REGISTERED PROFESSIONAL ENGINEER. Prior to action by the review authority specified in this chapter, the City and the owner or operator of the wireless communications facility may agree to require a review/report by an independent registered professional engineer engaged by the City and paid for by the applicant pursuant to its reimbursement of City expenses pursuant to this chapter. Among other things, the engineer may review and recommend the written certification of the applicant's engineer filed pursuant to this chapter, may review and recommend the applicant's propagation studies showing the necessity for the location of the tower, and may review and recommend the structural integrity, electrical integrity and electrical safety of the wireless communications facility in its projected uses so as to assure the protection of the health, safety and welfare of the citizens of the City REIMBURSEMENT OF EXPENSES. The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by City Council, the City Attorney, or the Planning and Zoning Department to perform the reviews required by this chapter DENIAL OF REQUEST. (a) Any decision to deny a request to place, construct or modify a wireless tower or antenna shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning and Zoning Commission and City Council, if applicable. (b) If a location request is denied pursuant to this section, the applicant shall be entitled to file an appeal in accordance with existing Planning and Zoning Commission procedures that are hereby incorporated by reference into this chapter PERMIT. A wireless communications facility may not be constructed or erected except where located in compliance with this chapter. The Planning and Zoning Department shall authorize the issuance of permits required by the chapter and shall collect the fees therefor. 215

216 TIME LIMITATION FOR BEGINNING OF CONSTRUCTION. After issuance of a permit to construct a wireless tower or antenna, the permit holder shall begin construction within 180 days and shall complete construction within 360 days or the permit and approval shall expire. In the case of City-owned or public property, the Planning and Zoning Commission shall require the permit holder to certify that if construction is not commenced within 180 days or completed within 360 days, the site shall be available for another wireless communications facility provider. Should such delay in beginning or completing construction be due to force majeure, the delayed party shall take all necessary and reasonable steps to overcome the force majeure and shall keep the City advised of the reason for the delay and the steps being taken to reduce the delay. If the delay is due to force majeure, the City and the delayed party shall agree to a new construction date which new date shall then be subject to the time limits as stated in this section STATE OR FEDERAL REQUIREMENTS. All towers/antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall so notify the City of Pickerington and shall bring such facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State, County or Federal agency. Failure to bring such towers and antennas into compliance with said revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's or operator's expense ABANDONMENT OF TOWER. All providers utilizing wireless towers or antennas shall present a report to the City or its designee notifying them of any wireless tower or antenna located in the City whose use will be discontinued and the date this use will cease. If at any time the use of said facility is discontinued for 180 days the City Manager may declare the facility abandoned (excluding any dormancy period between construction and the initial use of the facility). The facility's owner/operator will receive written notice from the City or its designee and be instructed to either reactivate the facility's use within 180 days or dismantle or remove the facility. In the case of a multi-use tower, this provision shall not become effective until all of the users cease to use the tower. However, the City may cause the abandoned portions of the systems on the multi-use tower to be removed in accordance with this section. (a) Removal: The owner or operator shall agree to remove a nonfunctioning facility within 180 days of ceasing its use and return the site to its pre-existing condition. (b) Notice Requirements: The City must provide the tower or antenna owner or operator ninety days notice and an opportunity to be heard before the Planning and Zoning Commission before the City can initiate removal of the facility. After such notice the City shall have the authority to initiate proceedings either to acquire the 216

217 tower and any appurtenances attached thereto at the then fair market value, or, in the alternative, to order the demolition of said tower and all appurtenances. (c) Public Hearing: The City shall provide the tower owner with the right to a public hearing before the Planning and Zoning Commission, which public hearing shall follow the ninety days notice required in subsection (b) hereof. All interested parties shall be allowed an opportunity to be heard at the public hearing. (d) Acquisition/Removal of Tower: After a public hearing is held pursuant to subsection (c) hereof, the Planning and Zoning Commission may order the acquisition or demolition of the tower. The City shall also exercise its rights related to any bonding requirements stated in subsection (e) hereof. (e) Bond: The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless communications facility. Said bond shall warrant that an abandoned, obsolete or destroyed wireless communications facility will be removed within 180 days of cessation of use and abandonment. If the wireless communications facility is not removed within 180 days of cessation of use or abandonment, the owner or operator shall forfeit this bond, but the obligation to remove the wireless communications facility and restore the site to its pre-existing condition shall remain. In the event that said facility is not removed within 180 days of cessation of operations at a site, the facilities may be acquired or removed by the City and the costs of removal assessed against the property or recovered by other legal means from the owner or operator. Any co-locator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower NONCONFORMING USES. (a) Conforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall be deemed to constitute conforming uses or structures even when such new facilities are being added to a nonconforming installation. (b) Pre-Existing Towers: Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height serving the same purpose) shall be permitted on such pre-existing towers. A replacement tower must be constructed within 180 days following any removal of the initial facility. New construction other than routine maintenance on a pre-existing tower shall comply with the provisions of this chapter. (c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas: Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt. The type, height, and location of the tower onsite shall be of the same type as 217

218 the original facility. Any permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in this chapter, provided that such delay is not caused by force majeure as defined in this chapter. (Ord Passed ) PENALTY; EQUITABLE REMEDY; CUMULATIVE REMEDIES. (a) Any person violating any provision of this chapter shall be deemed, upon conviction of the first offense, guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. Any person convicted of a subsequent violation of this chapter shall, upon conviction, be deemed guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. Such person shall be deemed guilty of a separate offense for each and every day or portions thereof during which any violation of any of the provisions of this chapter is committed, permitted or continued. (b) Whenever any person fails, neglects or refuses to comply with any order of the Development Services Director-City Manager or other designated official, under the provisions of this chapter, or when any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this chapter, the City Manager or a designee may, at his or her sole discretion, institute an appropriate action in law or in equity to prevent any violation of this chapter or to prevent the occupation or use of such building or other structure. (c) The exercise of the rights and remedies granted in this chapter shall in no way preclude or limit the City from exercising any other right or remedy now or hereafter granted to it under the laws of Ohio or the ordinances of the City of Pickerington. 218

219 CHAPTER 1296 Supplementary Regulations Required landscaping and buffering Yard modifications Foundations Frontage required Water impoundments Structure separation Emergency housing State Route 256 corridor development standards Unsafe buildings Interference with transportation systems Required utilities; underground installation Vegetation or ground cover required Storage buildings. CROSS REFERENCES Division of municipal corporation into zones - see Ohio R.C Restrictions on buildings, structures, lots and setbacks - see Ohio R.C et seq. Municipal zoning regulations - see Ohio R.C et seq. S.R. 256 corridor - see P. & Z Plans for utilities - see P. & Z Utilities in developments - see P. & Z et seq., Bufferyards in Commercial Districts - see P. & Z (b) REQUIRED LANDSCAPING AND BUFFERING. (a) The goal of the landscaping and buffering requirements is to provide an aesthetically pleasing environment for the City through the provision of green space, trees, plantings and other screening techniques providing the best possible compatibility, integration and transition between land uses. Landscaping and buffering helps mitigate problems associated with noise, pollution, light, privacy, etc. This section shall apply to all zoning districts. See Appendix IV - Section IX for further nonresidential development requirements. 219

220 (b) Buffer Types. (1) Opaque buffer, Type A. A Type A buffer is the most dense buffer required. This buffer is to be completely opaque from the ground to six feet above the ground. Buffering shall be provided by an opaque wood fence, an earth berm and plant material. Plant material shall include staggered planting of evergreen trees, at least five feet in height at the time of planting, at intervals designed to achieve opacity. The Planning and Zoning Commission may waive any or all of these buffering requirements by a two-thirds majority vote. (2) Semi-opaque buffer, Type B. A Type B buffer is the intermediate buffer required. This buffer is to be completely opaque from the ground to three feet above the ground and at least fifty percent opaque from three feet to six feet above the ground. Buffering shall be provided by plant material and/or some type of mechanical barrier and/or an earth berm. Plant material shall reach desired maturity within two years of planting and shall provide the same level of buffering all year. Plant materials used shall be from the list provided in subsection (c) hereof. Acceptable options are presented below: BUFFERYARD TYPE 0 Smell tree* planted 30' On canter. 3' high atone will. Smell trees planted 20-30' on center en (OP of a burn,. 3' higis a eded mat lb be em. ti %. At., r io i I II. s' T of f Ir J 4 ''iajiiini:0-p.21%.v.iniik:janivgi.,s0avittr.raiee.ilepaore..4 1 *4 LIMO 11M42 planted (Won center. 3' high *VIM' en hedge shrubbery planted 3' ye, center. (3) Light buffer, Type C. A Type C buffer is the least intense buffer required. This buffer is to be at least thirty percent opaque from the ground to six feet above the ground. Buffering shall be provided by plant material and/or some type of mechanical barrier and/or an earth berm. Plant material shall reach desired maturity within two years of planting and shall provide the same level of buffering all year. Plant material used shall be from the list provided in subsection (c) hereof. Acceptable options are presented below: 220

221 BUFFERYARD TYPE C Small (rasa Piontsd aw conlor. StriaIf Imes plantiod 30' on canter.. Spilt rail lanes, (c) Buffer Locations. When Adjacent: AGR R1 R2 R3 R4 R6 R10 C 1 C2 0 C3 C4 M1 M USE REQUIRED TO BUFFER (Districts) AGR Rural A A A A A A RI Restricted Residential R2 Restricted Residential R3 Restricted Residential R4 Restricted Residential R6 Restricted Residential R10 Restricted B BB BB Cl Neighborhood B BB BBB Cgiewrisaital Business/Mixed C CC CC 0 Suburban Office A AA A AB C C3 Community A AA A AB C C4 Highway A A A A A A C C C M1 Restricted A AA A A A B BBB M General Industrial C A A A A A A A A BBC 221

222 YARD MODIFICATIONS. (a) Setback Requirements. (1) Alleys. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. (2) Side yard increases. Each side yard shall be increased in width by two inches in any Residential District for each foot by which the length of the side wall of the building adjacent to the side yard exceeds forty feet. (3) Irregular side yards. Side yard width may be varied where the side wall of a building is not parallel with one side lot line or is broken or otherwise irregular. In such cases, the average width of the side yard shall be not less than the otherwise required least width. Such side yard, however, shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case. This requirement notwithstanding, no new addition to any building shall encroach upon the minimum required side yard. IRREGULAR SIDE YARD REQUIREMENTS Lot I Lol 2 Yatd Setback Reaukerrwttiti _ 1 J (b) Projections Into Yards. There may be projections into required yard areas as follows: (1) Architectural features. Architectural features such as canopies, cornices, eaves and other similar features may project a distance of not more than two feet, six inches. 222

223 (2) Outside stairs and landings. Outside stairs and landings without cover may project a distance not more than six feet in front or rear yards, but in no case shall any such outside stair or landing extend above the entrance. (3) Fire escapes. Fire escapes may project not more than four feet, six inches. (4) Patios and open porches. Patios and open porches may be located in side and rear yards provided they are not closer than six feet to any adjacent property line. If located closer than eight feet, they shall be screened by an evergreen hedge or fence not less than four feet in height and maintained in good condition. In case of a corner lot, no patios or porches shall be closer to the side street lot line than the least depth required for such side yard. (5) Bay windows, balconies, Oreil windows and chimneys. Bay windows, balconies, Oreil windows and chimneys may project into a yard for a distance not to exceed three feet, provided, however, that the aggregate width of such projection does not exceed one-third of the length of the wall upon which it is located. ~art ma _..._. MONT. Of IISV UZI - - I i I I I I I I I I i I,c4icer samarn --, litirue, FOUNDATIONS. (a) Every residential building or structure shall have an approved continuous foundation, except as o (b) Every addition to any residential structure, regardless of size, shall have an approved continuous this section. (c) Detached, nonhabitable residential storage buildings of less than 120 square feet gross floor area lieu of a continuous foundation as approved by the Building Inspector. (d) Detached, nonhabitable residential storage buildings of 120 square feet or more gross floor area may be erected with a pier-type foundation upon approval by the Building Inspector, and conditional use approval by the Planning and Zoning Commission. 223

224 (e) A porch, patio, deck, breezeway or similar structure may be erected with an approved pier-type foundation FRONTAGE REQUIRED. All lots created after the adoption of this Code (Ordinance 89-31, passed May 16, 1989) shall have a frontage on a public, dedicated and accepted thoroughfare other than a controlled or limited access thoroughfare WATER IMPOUNDMENTS. All water impoundments, such as ponds, lakes or swimming pools, shall be constructed and developed in compliance with the following standards: (a) No impoundment shall be located closer than twenty-five feet to the rightof-way line of any adjacent public right of way. (b) No private swimming pool shall be located in a front yard. (c) All installed swimming pools, or the entire property upon which they are located, shall be walled or fenced to prevent uncontrolled access by individuals from the street or from adjacent properties. Such wall or fence shall be not less than four feet in height measured from the finished grade, shall be maintained in good condition with a gate and lock and shall be constructed of such material as to preclude penetration by any child or adult STRUCTURE SEPARATION. Notwithstanding other provisions of this Code, no building shall be located closer than five feet to another building unless the adjacent walls of both buildings are constructed so as to provide a minimum fire resistance rating of two hours EMERGENCY HOUSING. The Development Services Director may, in times of emergency, permit the placement of not more than one mobile home on any lot for use as temporary housing by any family or resident whose dwelling has been rendered uninhabitable by flood, fire, wind or other catastrophe. Such mobile home may remain on the lot for a period not to exceed one year, subject to renewal for special circumstances as determined by the Development Services Director, and may be occupied only so long as reconstruction of the original dwelling or construction of a new, permanent dwelling is underway STATE ROUTE 256 CORRIDOR DEVELOPMENT STANDARDS. (a) Environmental Treatment. The following guidelines set development standards for the State Route 256 corridor. These standards apply to the developer, to any contiguous landowners and to governmental agencies involved in modifications 224

225 along this section of the corridor. The appropriateness of materials will vary with the type of development that occurs along this corridor. (b) Lighting. (1) Street lighting. Street lighting along State Route 256 should utilize similar fixtures along the entire corridor to promote identity and continuity, as well as provide a sufficient level of light. (2) Parking lot lighting. A. Retail. The light source should be concealed and cut off in design. Fixtures should be twelve feet to thirty feet in height with dark poles. (See Appendix I following the text of this chapter.) B. Multifamily. The light source should be decorative in style and provide natural color. Fixtures should be twelve feet to thirty feet in height with dark poles. (See Appendix I following the text of this chapter.) (c) Signage. The following sign standards shall apply within the corridor: Signage should help to unify the corridor. The design, format and materials shall be consistent with the architecture and shall conform to Municipal standards. (d) Screening for Parking and Roadway. Parking areas should be screened from State Route 256 and intersecting roads to minimize the visual impact of large paved areas and parked automobiles. This allows the landscape and the architecture to dominate and will also prevent distraction from automobile headlights. The following methods may be used to achieve this: (1) Earth berms. Earth berms shall be approximately three feet to five feet in height, shall have a maximum slope of 2:1 and shall be seeded.or sodded with a good quality grass which can be mowed or planted with ground cover or plantings. (See Appendix II following the text of this chapter.) (2) Landscaping. Plant material shall be a mixture of deciduous shade trees, evergreen trees and smaller ornamental trees. Plants shall be grouped in like clusters to provide a desirable visual effect. Evergreen and ornamental trees shall be used to screen views, and shade trees shall be used for filtered views. Where space is restricted, a hedge-type plant is preferred. Mature height shall approximate forty inches and plants shall be spaced tightly enough to provide a dense screen. (See Appendix II following the text of this chapter.) All modification by governmental agencies along and within this corridor shall provide landscape and environmental treatment consistent with that of the development standards, as outlined herein. (3) Fencing. Fencing provides an "edge" to a site and promotes continuity when used properly. Fencing shall be limited to the rail or picket type and shall be in scale with the development. (See Appendix II following the text of this chapter.) 225

226 (4) Combination. A combination of earth berm and landscaping is preferred for the entire corridor except for the area north of the north branch of Hunter's Run Creek, where a combination of hedge and/or fencing may be utilized. (e) Viewing Triangles. A triangular area with the approximate dimensions of thirty feet by fifty feet by sixty feet (as measured from the edge of pavement) should remain open and unplanted to allow adequate visibility for automobiles entering and exiting the site. This applies to all private curb cuts and public streets. (See Appendix I following the text of this chapter.) (f) Landscaping. Within Rights of Way. (1) In general. All unpaved areas within the public rights of way must be seeded (or sodded) with a grass seed mixture containing fifty-five percent Kentucky Bluegrass, thirty percent Red Fescue and fifteen percent Perennial Rye Grass. These lawn areas must be mowed regularly and should be re-seeded as needed to prevent large, bare dirt areas. If trees are planted in these areas, they must be maintained in a good healthy condition. Dead or diseased trees must be removed promptly at or below the soil level. (2) Proposed median on State Route 256. When the dimensions of a median exceed six feet in width (from the face of the curb), it shall not be paved, but should be planted with lawn and/or landscaping instead UNSAFE BUILDINGS. Nothing in this Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the proper authority INTERFERENCE WITH TRANSPORTATION SYSTEMS. (a) Traffic Signs. Notwithstanding other provisions of this Code, no sign, structure, tree, planting, vegetation or any portion thereof shall protrude over or into the right of way of any street, road or highway so as to interfere with traffic signs of any kind in any zoning district. (b) Required "Sight Triangles." A "sight triangle," defined as that area from the intersection point of a street right of way on the lot to a point twenty feet back from this point on the lot lines, shall be required on comer lots at all street intersections. To ensure that traffic visibility is not obstructed and driving hazards are not created, visibility between two and ten feet above the ground shall be clear of landscape materials, vehicles, fences, signs or any other view obstructing structures. Only deciduous trees may be permitted in the sight triangle, so long as only the trunk is visible within ten feet above the ground, except during early growing stages. 226

227 SIGHT TRIANGLE NIGHT OF WAY LINE----1 STREET ] 20' Lot of Record 10'... m Arni ladm was Zi AV ENUe ti 1 I r I I ' IP' ' WI itec OM. 1 1 I.0w go. ar. AVENUE (c) Thoroughfare Plans/Access Policy. In addition to the frontage, driveway and set-back requirements herein, there may be additional requirements placed on roadways in the Municipality pursuant to the Thoroughfare Plan or the Access Code REQUIRED UTILITIES; UNDERGROUND INSTALLATION. (a) In every case where a lot is not provided with a public water supply and/or the disposal of sanitary wastes by means of public sewers, and where new construction or expansion of a use by more than twenty percent is proposed and public water and/or public sewer services exist within 200 feet of the property and have the capacity to connect and service the subject site, the site shall be connected at the owner's expense to these utilities. Should available public water and/or public sewer service not,..xist within 200 feet of the site, then the proposed method of water supply and/or sewage disposal shall have the written approval of the appropriate Board of Health and the appropriate water and/or sewer departments. Water wells may be drilled for nonpotable or nondomestic use in any district, subject to the same approvals. (b) In every case where a previously undeveloped lot, vacant lot or site is to be developed, all utilities shall be placed underground unless specifically exempted by approval of the Development Services Director. 227

228 VEGETATION OR GROUND COVER REQUIRED. To control erosion of the development site by water and wind, every site under development shall be planted to a suitable ground cover according to the charts below. (a) Site Preparation. Topsoil should be stripped and stockpiled before grading operations. After grading is completed, the topsoil can then be applied to sites that are otherwise unsuited for establishing vegetation. (b) Seeding Recommendations. Use lime at the rate of 150 pounds per 1,000 square feet or three tons per acre. Fertilize with a minimum of twelve to fifteen pounds per 1,000 square feet or pounds per acre of or or equivalent. Mulch immediately after planting with straw or rotted hay at the rate of 100 pounds per 1,000 square feet or two tons per acre. (Seedings made after November 1 will be dormant seedings and mulch should be increased to three tons per acre.) (c) Temporary Vegetative Plantings (Less Than Six Months). Time Frame Type of Seed Per 1,000 sq. ft. Per Acre (lbs.) Mar. 1 Ju. 15 Mar. 1 Ju. 15 Ju. 16 Aug. 15 Ju. 16 Aug. 15 Aug. 16 Nov. 1 Aug. 16 Nov. 1 Aug. 16 Nov. 1 Oats 3 4 bu. Perennial ryegrass Oats and sudangrass Perennial ryegrass 1 40 lbs. 2 each 2 bu. Each 1 40 lbs. Rye 3 2 bu. Wheat 3 2 bu. Perennial ryegrass 1 40 lbs. (d) Permanent Herbaceous Species. Note: Tall fescue is not considered high quality nesting habitat for upland game species in Ohio and should not be used when wildlife consideration is given. Use tall fescue for critical areas such as an open ditch bank. 228

229 Time Frame Type of Seed Per 1,000 sq. ft. (lbs.) Per Acre (lbs.) Mar. 1 - Feb. 28 creeping red fescue, y2 20 perennial ryegrass y4 10 and bluegrass y4 10 Mar. 1 - Feb. 28 tall fescue 1 40 Mar. 1 - Feb. 28 creeping red fescue 1/2 20 and tall fescue y2 20 Mar. 1 - Feb. 28 tall fescue y2 15 and reed canarygras IA 8 (e) Special Area Permanent Herbaceous Species. (Steep Banks, Cuts, Ditch Banks, Reclaimed Land). Mulch all critical areas immediately following planting. On critical areas where a permanent seeding has not been made by September 15, seed two bushels of rye or two bushels of wheat per acre and work into the soil. In the spring, prepare the seedbed and choose from the species listed below. If local conditions have shown that a companion crop is beneficial, include a maximum of one bushel of oats or rye with the selections listed below. Time Frame Type of Seed Per 1,000 sq. ft. Per Acre (lbs.) Mar. 1 - Ju. 15 crownvetch Y4 10 and tall fescue i/2 20 Mar. 1 - Ju. 15 deertongue y2 15 and tall fescue y2 15 Mar. 1 - Ju. 15 deertongue 1/2 20 Mar. 1 - Ju. 15 birdsfoot trefoil y2 10 and creeping red fescue 1/2 20 Mar. 1 - Ju. 15 flatpea y2 20 and tall fescue 1/2 20 Mar. 1 - Ju. 15 Korean Lespedeza 1/4 8 Mar. 1 - Ju. 15 tall fescue STORAGE BUILDINGS. (a) One storage building not to exceed 120 square feet is permitted per singlefamily lot with an existing house in all single-family residential districts. There shall not be any greater variance of the length and width walls than a 60% - 40% ratio. (b) (c) (d) There shall be a setback from all property lines of at least five feet. There shall be a maximum height of fifteen feet. Storage buildings shall not be used to store motor vehicles. (e) Storage buildings shall be compatible in appearance, design, architectural character and color with the residential structure. 229

230 CHAPTER 1298 SOLAR ENERGY REGULATIONS Purpose Definitions Applicability Non-applicability Development standards Procedure for review Decommission PURPOSE The purpose of this chapter is to accommodate solar energy systems intended for onsite use while minimizing adverse visual, safety and environmental impacts of the system. In addition, this chapter provides a permitting process for solar energy systems to ensure compliance with the provisions of the requirements and standards established herein DEFINITIONS As used in this chapter: (a) "Ground mounted solar energy system" is a free-standing solar energy system. (b) "Roof mounted solar energy system" is a solar energy system integrated or mounted on top of the structure of the roof of a principle or accessory building. (c) "Solar energy equipment" means items including panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations used for or intended to be used for collection of solar energy in connection with a building on residential or commercial property. Solar energy equipment and its use is accessory to the principal use of the property. (d) "Solar energy system(s)" means all equipment, machinery and structures utilized in connection with the conversion of solar energy to electricity. This includes, but is not limited to solar panels, storage, collection and supply equipment, substations and transformers. (e) "Solar panel" is a single photovoltaic panel or a group of photovoltaic panels that convert solar energy to electricity APPLICABILITY. (a) Solar energy systems shall be permitted in all zoning districts. 230

231 (b) No solar energy system shall be erected, constructed, installed or modified, except as permitted in Section , without first receiving a zoning certificate pursuant to Section (c) No solar energy system exceeding 100 square feet in size shall be erected, constructed, installed or modified, except as permitted in Section , without first receiving a conditional use permit pursuant to Section (d) No solar energy system shall be erected, constructed, installed or modified without first receiving a building permit from the City NON-APPLICABILITY. (a) (b) (c) Photovoltaic glazing integrated into windows or skylights. Decorative walkway lights and landscaping features. Solar energy systems installed on municipally owned property DEVELOPMENT STANDARDS. Solar energy systems shall be evaluated for compliance to the following standards: (a) Building Code Compliance. (1) Solar energy systems shall comply with all applicable chapters of the Ohio Building Code. (2) Solar energy systems shall comply with all applicable Federal, State and local laws, rules and regulations. (b) Compliance with Laws. Solar energy systems shall comply with all applicable Federal, State and local laws, rules and regulations. (c) Visual Impacts. It is inherent that solar energy systems may pose some visual impacts. The purpose of this chapter is to reduce the visual impacts without restricting the owner's access to solar resources. (1) All solar energy systems shall use a color that blends with the surrounding environment and use materials to minimize glare towards vehicular traffic and adjacent properties. (2) Ground mounted solar energy systems must be adequately screened from view of residential neighbors to the extent possible without impacting their function through the use of vegetation, mounding, fencing or a combination thereof. 231

232 (3) The applicant shall demonstrate through project site planning and proposed mitigation that a solar energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, solar energy system design or appearance, buffering, and screening of ground mounted electrical and control equipment. (d) Utility Connection. Solar energy systems proposed to be connected to the power grid through net metering or other means shall comply with any requirements regarding such connection in accordance with Federal, State or local laws, rules and regulations. (e) Access. Where technologically feasible, all ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. (f) Wiring and Electrical Apparatuses. All wires and electrical apparatuses associated with the operation of a ground-mounted solar energy system shall be located underground unless otherwise technologically not feasible. (g) Maintenance. (1) All solar energy systems shall be maintained in good working order. (2) Any physical modification to the solar energy system that alters the number, size, location, or major electrical components shall require reapplication for zoning certificate under this chapter. Like kind replacements shall not require reapplication. (h) Signs. All signs, both temporary and permanent, are prohibited on solar energy systems, except as follows: (1) Manufacturer's or installer's identification on the solar energy system. (2) Appropriate warning signs or placards. (i) Location. (1) Ground mounted solar energy systems shall adhere to the following requirements: A. Ground mounted solar energy systems shall be located in the side or rear yard of the property. Locating solar energy systems in the front yard is prohibited. B. Ground mounted solar energy systems must adhere to all building setback requirements of the zoning district in which they are located. C. Ground mounted solar energy systems may not be located closer to the street than any street-facing building facade. (2) Roof mounted solar energy systems shall adhere to the following requirements: 232

233 A. Roof mounted solar energy systems located on a flat roof, the horizontal portion of a mansard roof or a roof surrounded by a parapet shall be set back a minimum of five feet from the edge of the roof. B. Roof mounted solar energy systems located on a pitched roof must be set back a minimum of three feet from the edge of the roof and ridgeline. C. Roof mounted solar energy systems shall not be located on a front building elevation, or on any elevation facing within 90 degrees of the front building elevation. (j) Height. (1) Ground mounted solar energy systems may not exceed 15 feet in height as measured from the ground to the maximum height of the solar energy system. (2) Roof mounted solar energy systems located on a flat roof, the horizontal portion of a mansard roof or a roof surrounded by a parapet shall be mounted flush or on racks, with the panel or rack extending no more than five feet above the highest point on the roof excluding chimneys, antennae, parapets, and other similar projections. (3) Roof mounted solar energy systems located on a pitched roof must be mounted flush with the plane of the panels parallel with the roof surface, with the panel no more than 12 inches from the surface of the roof at any point. (4) Roof mounted solar energy systems are not included in the height calculations of the zoning district in which they are located (k) Lot Coverage. Ground mounted solar energy systems shall count towards the lot coverage calculation for the zoning district in which they are located PROCEDURE FOR REVIEW. (a) In accordance with Section Administrative Procedures; Zoning Certificates, a solar energy system shall be subject to receiving a zoning certificate prior to installation or modification thereof. (1) The issuance of a zoning certificate shall comply with the following requirements: A. Site plan review. A site plan shall be submitted for review. The following items shall be the minimum requirements for a complete application. The need of outside assistance in order to fully review the proposed solar energy system, as determined by the City, shall come at the applicant's own expense. The site plan shall include the following: 1. Property lines and physical dimensions of the applicant's property. 2. Location, dimensions and types of existing structures on the property. 3. Location of the proposed solar energy system. 233

234 4. The right-of-way or future right-of-way according to the City Engineer and the City Thoroughfare Plan of any public road that is contiguous with the property. 5. Two foot contours of the applicant's property and properties contiguous to the subject property. 6. All overhead utility lines. 7. The site plan must be prepared and stamped by a professional engineer or surveyor licensed to practice in the State of Ohio. B. Solar energy system specifications, including manufacturer, model, number of solar panels and mounting equipment. C. Documentation shall be provided regarding the notification with the utility of intent regarding the applicant's installation of a solar energy system if the solar energy system will be connected to the power grid. D. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code (typically provided by the manufacturer). E. Foundation blueprints for ground mounted solar energy systems. F. Evidence of compliance or non-applicability with all applicable Federal, State and local laws, rules and regulations. G. Compliance with all requirements of the zoning district in which the solar energy system will be located. (b) Conditional Use. The expansion of an existing solar energy system or construction of a new solar energy system that exceeds 100 square feet in size shall require a conditional use permit in accordance with Section (c) Building Permit. A building permit must be obtained from the City DECOMMISSION. (a) At such time a solar energy system is scheduled to be decommissioned or discontinued, the applicant will notify the City Chief Building Official by U.S. mail of the proposed date of discontinuation of operations. (b) Upon decommission of use, the owner shall physically remove the solar energy system within 90 days from the date of decommission or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Administrative Officer. "Physically remove" shall include, but not be limited to: (1) Removal of the solar energy system. 234

235 (2) Removal of any solar energy equipment, and other above ground structures. (3) Restoration of the location of the solar energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after conditions. (c) In the event that the applicant fails to give such notice, the system shall be considered decommissioned if the system is out of service for a continuous two year period. After two years of inoperability, the City Chief Building Official may issue a notice of decommission to the owner of the property the solar energy system is on. The owner shall have the right to respond to the notice of decommission within 30 days of the date of receipt. The City Chief Building Official shall withdraw the notice of decommission and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been decommissioned. (d) If the owner fails to respond to the notice of decommission or if after review by the City Chief Building Official it is determined that the solar energy system has been decommissioned or discontinued, the owner of the property the solar energy system is on shall remove the solar energy system, mounting equipment and other above ground structures at the owner's sole expense within three months of receipt of the notice of decommission. 235

236 CHAPTER 1299 WIND ENERGY SYSTEMS Purpose Definitions Applicability Development standards Procedure for review Decommission Anemometer PURPOSE. The purpose of this section is to accommodate wind energy systems under five megawatts in size in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the system. In addition, this section provides a permitting process for wind energy systems to ensure compliance with the provisions, requirements and standards established herein DEFINITIONS. As used in this chapter: (a) "Anemometer" means a temporary wind speed indicator constructed designed to analyze the potential for utilizing a wind energy system at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. (b) "Fall zone" the potential fall area for a tower-mounted wind energy system. It is measured by using 110% of the total height as the radius around the center point of the base of the tower. (c) "Net metering" means the process by which surplus energy generated by a customer, as measured by the difference between the electricity supplied by an electric service provider and the electricity generated by a customer in an applicable billing period, is fed back to the electric service provider with customer compensation. (d) "Power grid" means the transmission system created to balance the supply and demand of electricity for consumers in Ohio. (e) "Shadow flicker" occurs when the blades of the turbine rotor cast shadows that move across the ground and nearby structures. 236

237 (f) "Structure-mounted wind energy system" means a wind energy system mounted on a structure, roof, walls, or other elevated surface that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in a wind energy system. A structure mounted wind energy system shall project no more than 15 feet above the highest point of the roof excluding chimneys, antennae, and other similar protuberances. (g) "Total height" is the vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the wind energy system. (h) "Tower" means the monopole or guyed monopole constructed to support a wind energy system. (i) "Tower height" means the height above grade of the fixed portion of the tower, excluding the wind energy system. "Tower mounted wind energy system" is a wind energy system mounted on a tower that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. (k) "Wind energy system" is a system that converts the kinetic energy of the wind into electricity available for use beyond that used by the system APPLICABILITY. (a) Wind energy systems shall be conditionally permitted pursuant to Section in all zoning districts. (b) No wind energy system shall be erected, constructed, installed or modified, except as permitted in Section (m)(2), without first receiving a conditional use permit pursuant to Section (c) No wind energy system shall be erected, constructed, installed or modified, except as permitted in Section (m)(2), without first receiving a zoning certificate pursuant to Section (d) No wind energy system shall be erected, constructed, installed or modified without first receiving a building permit from the City DEVELOPMENT STANDARDS. Wind energy systems shall be evaluated for compliance to the following standards: (a) Fall Zone. (1) A tower mounted wind energy system shall have a fall zone at least 110% of the total height from: 237

238 A. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road. B. Any future road right-of-way pursuant to the City Thoroughfare Plan or thoroughfare plan of adjacent jurisdictions, where appropriate. C. All overhead utility lines. D. All property lines, unless the affected land owner provides written permission through a recorded easement allowing the wind energy system's fall zone to overlap with the abutting property. E. Any principal structure. (2) Guy wires used to support the tower of a tower mounted wind energy system are exempt from the wind energy system fall zone requirements. (b) Tower. height. (1) The tower of a tower-mounted wind energy system shall not exceed 150 feet in (2) The applicant shall provide evidence that the proposed tower height of a tower mounted wind energy system does not exceed the height recommended by the manufacturer of the wind energy system. (c) Sound Level. Operation of wind energy systems shall not exceed 55 decibels, except during short-term events such as severe wind storms and utility outages. This information shall be obtained from the manufacturer of the wind energy system, and all readings, if necessary, shall be taken from the nearest neighboring property line. (d) Shadow Flicker. Wind energy systems shall be sited in a manner that does not result in shadow flicker impacts. The applicant has the burden of proving that their wind energy system does not have such impact on neighboring or adjacent uses either through siting or mitigation. (e) Signs. All signs, both temporary and permanent, are prohibited on wind energy systems, except as follows: (1) Manufacturer's or installer's identification on the wind energy system. (2) Appropriate warning signs and placards. (f) Code Compliance. Wind energy systems shall comply with all applicable sections of the Ohio Building Code and all other applicable codes. 238

239 (g) Aviation. Wind energy systems shall be built to comply with all applicable Federal Aviation Administration regulations. Evidence of compliance or non-applicability shall be submitted with the Zoning Certificate. (h) Visual Impacts. It is inherent that wind energy systems may pose some visual impacts due to the total height needed to access the wind resources. The purpose of this section is to reduce the visual impacts, without restricting the owner's access to wind resources. (1) The applicant shall demonstrate through project site planning and proposed mitigation that a wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to information regarding site selection, wind energy system design or appearance, buffering, and screening of ground mounted electrical and control equipment. (2) The color of wind energy systems shall be painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. (3) Wind energy systems shall not be artificially lit unless such lighting is required by the Federal Aviation Administration. If lighting is required, the applicant shall provide a copy of the Federal Aviation Administration determination to establish the required markings and/or lights for the wind energy system. (i) Utility Connection. Wind energy systems proposed to be connected to the power grid through net metering shall adhere to Ohio R.C or any future corresponding statutory provision. (i) Access. (1) All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. (2) The tower of a tower mounted wind energy system shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of ten feet above the ground. (k) Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of wind energy systems and as otherwise prescribed by applicable laws, regulations and ordinances. (1) Wiring and Electrical Apparatuses. All wires and electrical apparatuses associated with the operation of a tower-mounted wind energy system, except guy wires, shall be located underground. (m) Maintenance. (1) All wind energy systems shall be maintained in good working order. 239

240 (2) Any physical modification to the wind energy system that alters the mechanical load, mechanical load path, or major electrical components shall require re- application for conditional use under this section. Like kind replacements shall not require re-application. (n)- Multiple Wind Energy Systems. Multiple wind energy systems are allowed on a single parcel so long as the owner/operator complies with all regulations set forth in this chapter. (o) Controls and Brakes. (1) All wind energy systems shall be equipped with a redundant braking system which must include: A. Aerodynamic over-speed controls which include variable pitch, tip and other similar systems and; B. Mechanical brakes which must be operated in fail-safe mode. (2) Stall regulation features shall not be considered a sufficient braking system for over-speed protection PROCEDURE FOR REVIEW. (a) In accordance with Section , a wind energy system shall require a conditional use permit prior to installation or modification thereof except as otherwise set forth in this chapter. Additionally, the provisions of Sections and shall also apply. (1) The issuance of a conditional use permit shall comply with the following requirements: A. Site plan review. A site plan shall be submitted for review. The following items shall be the minimum requirements for a complete application. The site plan shall include the following: 1. Property lines and physical dimensions of the applicant's property. 2. Location, dimensions and types of existing structures on the property. 3. Location of the proposed wind energy system, foundations, guy wires and associated equipment. 4. Fall zone depicted as a radius around the center of the tower for a tower mounted wind energy system. 5. The right-of-way or future right-of-way according to the City Thoroughfare Plan of any public road that is contiguous with the property. 240

241 6. Two foot contours of the applicant's property and properties contiguous to the subject property. 7. All overhead utility lines. 8. The site plan must be prepared and stamped by a professional engineer or surveyor licensed to practice in the State of Ohio. B. Wind energy system specifications, including manufacturer, model, rotor diameter in addition to tower height and tower type, if tower mounted, for small wind energy systems. C. Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation of a wind energy system if the wind energy system will be connected to the power grid. D. Tower foundation blueprints or drawings for tower mounted wind energy systems. E. Tower blueprints or drawings for tower mounted wind energy systems. F. Sound level analysis prepared by the wind energy system manufacturer or qualified engineer. G. Electrical components in sufficient detail to allow for a determination that the manner of installation. conforms to the National Electrical Code (typically provided by the manufacturer). H. Evidence of compliance or non-applicability with Federal Aviation Administration requirements. I. Compliance with all development standards as outlined in Section DECOMMISSION. (a) - At such time that a wind energy system is scheduled to be decommissioned or discontinued, the applicant will notify the City Chief Building Official by U.S. mail of the proposed date of discontinuation of operations. (b) Upon decommission or discontinuation of use, the owner shall physically remove the wind energy system within 90 days from the date of decommission or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Administrative Officer. "Physically remove" shall include, but not be limited to: (1) Removal of the wind energy system. (2) Removal of any tower and other related above ground structure. 241

242 (3) Restoration of the location of the wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the afterconditions. (c) In the event that an applicant fails to give such notice, the system shall be considered decommissioned or discontinued if the system is out of service for a continuous two year period. After two years of inoperability, the City Chief Building Official may issue a notice of decommission to the owner of the wind energy system. The owner shall have the right to respond to the notice of decommission within 30 days of the date of receipt. The City Chief Building Official shall withdraw the notice of decommission and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been decommissioned. (d) If the owner fails to respond to the notice of decommission or if after review by the City Chief Building Official it is deteiniined that the wind energy system has been decommissioned or discontinued, the owner of the wind energy system shall remove the wind energy system, tower and other related above-ground structures at the owner's sole expense within three months of receipt of the notice of decommission ANEMOMETER. The construction of an anemometer tower for the purpose of collecting data to develop a wind energy system, shall abide with the following requirements. (a) Anemometer towers shall adhere to the wind energy system standards as described in Section (1) Anemometer towers shall be installed on a temporary basis not to exceed 18 months. (2) Anemometers must meet all applicable requirements of Section

243 CHAPTER 1300 Non-Residential Design Guidelines Standard Applicability Purpose Relationship to Other Chapters Certificate of Appropriateness Site Plan Development Standards Architectural Standards Relationship to Surrounding Uses Landscaping and Buffering Site Lighting Electric and Communication Utilities Signs STANDARD APPLICABILITY These design standards apply to all nonresidential structures located in the C I - Neighborhood Commercial District, C2- Central Business/Mixed Use District, C3- Commercial District, C4-Commercial District, 0-Suburban Office District, and subsequent planned districts along with any civic or institutional structures in the city. These standards do not apply to land or structures within the Old Downtown Pickerington Area as defined in Ordinance Standards are established for the following types of uses and buildings: (a) Large-Scale Retail/Commercial - This type includes large format buildings dedicated to retail or mixed- retail and service uses. These structures include "big boxes" and strip centers with a footprint typically in excess of 15,000 square feet. (b) Small-Scale Retail/Commercial - This type includes moderate to small format buildings dedicated to retail or mixed-retail and services uses. These structures are more common to the inner corridors away from the highway or to smaller scale retail/commercial uses such as banks, restaurants, stand alone retail buildings or smaller strip centers. These buildings typically have a foot print less than 15,000 square feet. (c) Hotels & Motels - This type includes any building in which lodging is provided and offered to the public for compensation and is not a rooming or boarding house. 243

244 (d) Gas Station/Service Station Canopies - This type includes any attached or detached structure designed to provide cover to gas pumps or vehicles that is open on at least three sides and is supported by piers or other structures. This type of building does not include parking structures. (e) Large-Scale Office - This type includes any structure intended for occupation by professionals or other service related businesses or government offices that do not include the sale of material goods as a primary use. Large- scale offices are any office building with total floor area that exceeds 20,000 square feet. (f) Small-Scale Office - This type includes any structure intended for occupation by professionals or other service related businesses or government uses that do not include the sale of material goods as a primary use. Small- scale offices are any office building with total floor area under 20,000 square feet. (g) Industrial - This type includes all industrial and manufacturing buildings and structures. (h) Civic & Institutional - This type includes all civic or institutional buildings including schools, fire stations, hospitals, churches, sport facilities and other similar uses. (i) Other Nonresidential - Any other types of nonresidential structures not described above PURPOSE The City of Pickerington is a progressive community that has and will continue to experience a high-rate of nonresidential growth. The purpose of these standards is to provide clear and reliable standards for quality and sustainable nonresidential development, to promote orderly growth, and to maintain a quality community image. These standards establish requirements for site plan development, exterior building appearance and materials, landscaping, lighting, and signage RELATIONSHIP TO OTHER CHAPTERS The provision of these standards shall supplement any and all other regulations of the State of Ohio and ordinances of the city. Whenever the requirements of these regulations are in conflict with the requirement of any other part of this ordinance, the more restrictive or that which imposes the higher standards shall govern CERTIFICATE OF APPROPRIATENESS (a) Applicability. A certificate of appropriateness is required for all nonresidential sites, buildings or structures within the city. Each certificate of appropriateness shall be reviewed and approved by the planning and zoning commission. The Development Services Director is authorized, at their sole 244

245 discretion, to require that a certificate of appropriateness be obtained before any work that exceeds simple repairs or ordinary maintenance is performed. Certificates of Appropriateness are required for site plan development, building material, landscaping, lighting and signage compliance, and shall be required for: (1) Any new construction. (2) Any significant alteration to the site plan, landscape, or lighting features which would alter the respective appearance of that feature. (3) Any new signs or alterations to existing signs. (4) Any significant alteration, expansion, or exterior renovation to an existing building or structure. (5) An alteration, expansion, or renovation is considered significant when it meets or exceeds the following criteria: A. In the case of a building or structure expansion that does not involve additional land, the square footage of the alteration or expansion exceeds ten percent of the square footage of the existing building exclusive of the alteration or expansion; or B. 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 altered or expanded land or structure or building. respectively, exceeds ten percent of the area or square footage of the existing land or structure or building respectively, exclusive of the alteration or expansion; or C. If the cost of the exterior renovation of the structure exceeds 25% of the assessed value of the property prior to renovations. (b) Standards of Review. In the review of proposed developments, the planning and zoning commission shall determine whether or not the proposed development, as depicted on the site plan, complies with the following: (1) The plan conforms in all pertinent respects to the requirements contained herein; (2) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property; (3) The development has adequate public services and open spaces; (4) The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code; 245

246 (5) The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity; (6) The proposed signs, as indicated on the submitted sign plan, will be: A. coordinated within the development; B. are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and C. are located so as to maintain safe and orderly pedestrian and vehicular circulation; (7) The landscape plan will enhance the principal building and site; maintain existing trees as required in these standards; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate; (8) Adequate provision is made for storm drainage within and through the site in compliance with the applicable regulations in this code and any other design criteria established by the city or any other governmental entity which may have jurisdiction over such matters; (9) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage; and (10) The commission believes the project to be in compliance with all other local, state and federal laws and regulations. (c) Equivalency or Waiver of Requirements. The commission may waive any or all of these standards or approve an equivalency by a two-thirds vote if it finds that the proposed alternative meets or exceeds the purpose and intent of these standards. (d) Simple Repairs & Ordinary Maintenance. Projects involving simple repairs or ordinary maintenance do not require a certificate of appropriateness. However, a zoning certificate documenting the simple repair/ordinary maintenance is required to be submitted and approved administratively. If the Development Services Director finds such simple repair will change the appearance of the site, building, landscaping, or lighting to a degree that constitutes a significant alteration, a certificate of appropriateness shall be required. (e) Permission to Build and Certificate of Occupancy. (1) Approval for permission to build shall not be issued unless the applicant has been issued a Zoning Certificate that complies with all certificates of appropriateness approved by the Planning and Zoning Commission. (2) A full certificate of occupancy shall not be issued until the teinis of the certificate of appropriateness are met, as certified by an on-site inspection by the Development Services 246

247 Director or his agent, unless a performance bond, or irrevocable letter of credit from a banking institution, has been posted. If the required terms of the certificate of appropriateness have not been completed and a certificate of partial occupancy (temporary) is issued, a performance bond or irrevocable letter of credit from a banking institution shall be posted at that time. (f) Construction Activity. No construction, reconstruction, alteration, expansion, or renovation of any site, building, landscaping, sign, or lighting element within the nonresidential areas of the city shall be undertaken prior to obtaining a certificate of appropriateness. Changes made by the applicant or his -agents during the design or construction process after the certificate of appropriateness is approved and the zoning certificate is issued shall be reviewed for appropriateness before the certificate of occupancy is issued. A significant change (see section V.A.5, items a-c) shall be reviewed and approved by the planning and zoning commission, while a minor change may be approved administratively by the Development Services Director. (g) Application Requirements. An application that complies with the certificate of appropriateness standards of review (see section V.B. Standards of Review), with the appropriate fees, shall be submitted to the planning and zoning department for review and presentation to the planning and zoning commission. The Development Services Director and/or the planning and zoning commission may require additional submittal information SITE PLAN DEVELOPMENT STANDARDS (a) Requirements. All nonresidential developments shall comply with the minimum standards of the Planning and Zoning Code. In addition, the planning and zoning commission reviews compliance with engineering, building code, fire department, etc., requirements ARCHITECTURAL STANDARDS (a) Purpose. To promote the design and construction of nonresidential buildings that support and enhance the residential character traditionally associated with the City of Pickerington through standards for building mass, roof fauns, exterior materials, and architectural detailing. The architectural standards established herein will reinforce this desired identity and produce nonresidential development that is compatible with existing and future residential neighborhoods. (b) Building Scale & Massing. The relationship of a building's height to its apparent width is a factor in the overall character of the building. Nonresidential buildings in Pickerington shall respect the human-scale and -the scale of adjacent buildings. The following standards shall apply to nonresidential buildings as specified: (1) Variation in Massing A. A single, large, dominant building mass shall be avoided. 247

248 B. A building's vertical and horizontal dimensions shall be related to each other through the use of bays or articulation that visually separate the building planes into components with proportions that emphasize neither the vertical nor horizontal dimension beyond a ratio of 2.3. Figure 10 below shows a series of facades with various proportions and articulation. FIGURE 10 I,, 7'77' :2 2:3 1:1 2:9 Store Name Sign 11,7in 2,1 2:1 2:1 2:1 2:3 2:1 Figure 10: The illustration shows the proportions of façades in a traditionalstyle commercial street which range from 1:1 to a 2:1 vertical to horizontal proportion. These proportions are commonly associated with the "human-scale". The second façade is an example of an unarticulated box-type store front. Without articulation, the building appears flat and lacks character. The general vertical to horizontal ratio of this façade is 2:9, which emphasizes the horizontal dimension. The third façade shows the same general area as the second with the addition of both horizontal and vertical articulation through the use of bays and gabled roof forms with dormers. Each bay or portion of the façade has a 2:1 proportion except the entry bay, which has a 2:3 proportion that helps add emphasis to the entry C. Buildings shall have a clearly defined base, middle and top. See Figure 11 below. 1. A recognizable base may consist of, but is not limited to: thicker walls, ledges, or sills; integrally-textured materials such as stone or masonry; integrally-colored and patterned materials such as smooth-finished stone or tiles; lighter or darker colored materials from the body of the building; mullions; or panels. The use of bulkheads and water table trims are strongly encouraged. 248

249 2. A recognizable top may consist of, but is not limited to: cornice treatments, other than just colored stripes or bands, variation in masonry pattern or material or differently colored materials; sloping roof with overhangs and brackets; stepped parapets; or aligned openings and articulations. FIGURE 11 Top of Building: Cupola, variation in roofform, visible roofform, clerestory windows, overhanging eaves. Middle of Building: Fenestration, belt course, primary building material of brick Base of Building: Stone 'foundation", watertable, variation of the materials on first floor, emphasized entryway, foundation plantings (2) Articulation A. Primary Facades. Primary facades on all nonresidential buildings shall be articulated both vertically and horizontally to relate the structure to the human scale. 1. Horizontal Articulation. Horizontally long facades with a length exceeds 60 feet shall be articulated through the use of bays. Bays no greater than 30 feet in length shall be created through the use of no fewer than two of the following methods: a. Change in wall plane such as a projection or recess. The change in depth from one bay to the next shall be a minimum of three percent of the length of the facade. b. Change in height of wall and/or variation in roof form. c. Change in texture or masonry pattern. d. Windows. e. Trellises with vines. f. Other architectural elements and detailing such as pilasters (see Trim & Details) that subdivide the facade into human-scale proportions. 249

250 FIGURE 12 This side view of a front façade shows how setbacks or changes in wall plane were used to achieve horizontal articulation. The facade also incorporates variation in building materials, pilasters, and variation in wall height to provide definition from one bay to another. 2. Vertical Articulation. a. Primary facades which have total building heights over fifteen feet but not more than twenty feet shall be vertically articulated to present the appearance of a clerestory, half-story, or multiple full stories through one of the following methods: (1) Exterior demarcation of the change in floors such as a soldier course, belt course, change in material, or masonry patterns every twelve feet or portion thereof, of vertical height, with multiple rows of windows placed at various heights including clerestory or transom windows in the case of a half-story. See Figure 13. FIGURE 13 (2) Shed, gabled, or hipped roof forms with dormers which have windows or vents. See Figure 14. FIGURE

251 (3) Vertical recess of wall plane to a depth of at least three percent of the building's depth, with window openings in the recessed wall indicating the presence of an upper-story. See Figure 15. FIGURE ;.--,_.--, b. Primary facades which have total building heights over twenty feet shall be vertically articulated to present the appearance of at least two full stories through one of the methods listed below: (1) Exterior demarcation of the change in floors such as a soldier course, belt course, change in material, or masonry patterns every twelve feet, or portion thereof, of vertical height with fenestration in each vertical component of the façade to indicate multiple stories (See the Fenestration and Windows section for required window openings). See Figure 13. (2) Vertical recess of wall plane to a depth of at least three percent of the building's depth, with fenestration (See the Fenestration and Windows section for required window openings.) in the upper and lower portions of the façade indicating the presence of an upper-story. See Figure 15 above. c. Primary façades shall have a clear base, middle, and top portion emphasized by the articulation to a human-scale. The primary facades should incorporate a variety of architectural design features, techniques, patterns, materials, and colors in a coordinated manner that relate to the overall design of the structure. B. Visible Secondary Facades 1. Horizontal Articulation. Horizontally long secondary façades with a length over sixty feet that are visible from public areas shall be articulated through the use of bays. Bays no greater than thirty feet in length shall be created through the use of no fewer than two of the following methods: a. Change in wall plane such as a projection or recess. The change in depth from one bay to the next shall be a minimum of three percent of the length of the facade; b. Change in height of wall and/or variation in roof form; c. Change in texture, material, or masonry pattern; section.); d. Windows or fenestration using "blanks" (See Fenestration and Windows 251

252 e. Trellises with vines; or f. Other architectural detailing or accents (See the Trim and Detailing section.) that subdivide the facade into human-scale proportions. See Figure 16 below. FIGURE 16 This secondary facade is visible from a public road. The articulation has been carried over from the primary facade and incorporates variation in building materials and colors as well as a belt course and other trim details to break-up the facade. Variation in wall height has also been employed. 2. Vertical Articulation a. Secondary facades visible from public rights-of-way, public areas, or residential areas (See definition of Visibility from Adjacent Residential Use.) that have exterior wall heights over fifteen feet but no more than twenty feet shall be vertically articulated to present the appearance of a clerestory, half-story, or multiple full-story buildings through one of the following methods: (1) Exterior demarcation of change in floors such as a soldier course, belt course, change in material, or masonry patterns, every twelve feet or portion thereof, of vertical height, with multiple rows of windows placed at various heights including clerestory or transom windows in the case of a half story. windows or vents. (2) Shed, gabled, or hipped roof forms with dormers that have b. Secondary façades visible from public rights-of-way, public areas, or residential areas (See definition of Visibility from Adjacent Residential Use.) with exterior wall heights over twenty feet shall be vertically articulated to present the appearance of at least two full stories through one of the methods listed below: (1) Exterior demarcation of change in floors such as a soldier course, belt course, change in material, or masonry patterns, no less than every twelve feet of vertical height, with fenestration in each vertical component of the facade to indicate multiple stories. 252

253 (2) Vertical recess of wall planes to a depth of at least three percent of the building's width, with fenestration in the upper and lower portions of the facade indicating the presence of an upper-story. Secondary facades visible from public rights-of-way, public areas or residential areas shall have a clear base, middle, and top portion emphasized by the articulation to a human-scale (see definition of Visibility from adjacent residential use). The secondary facades should incorporate a variety of architectural design features, techniques, patterns, materials and colors in a coordinated manner that relate to the overall design of the structure. (See Trim and detailing section). C. Screened Secondary Facades 1. Secondary facades facing other secondary facades of nonresidential buildings and are not visible from adjacent residential or public areas need not be articulated. 2. Secondary facades or portions of secondary facades completely screened from public or residential areas by dense landscaping or other structures shall not be required to include elements of articulation. (3) Roof Forms A. Purpose. Roof forms contribute substantially to the bulk or mass of a building. A balance between facade and roof form are important to promote more visually interesting buildings that relate to the human-scale and prevent bland box-like structures. Roof form will help relate nonresidential buildings to the preferred residential character for the city. Pitched roof forms are preferred for nonresidential structures but flat and asymmetric forms may also be appropriate as described below. B. Pitched Roofs. Pitched roof forms promote the residential character desired and shall be the preferred roof form for new nonresidential buildings or portions thereof See Figure 17 below for types of pitched roofs. Pitched roof forms. 1. Appropriate pitched roof forms for nonresidential structures include: gables (front or side), gabled with gabled or shed dormers, compound gabled, double gabled, hipped, or combinations of any of these forms. Gambrel and mansard roofs are generally 253

254 discouraged on office or commercial buildings but may be appropriate on industrial buildings, some civic buildings, and gas station canopies. 2. Shed roof forms may be used as overhangs or in place of parapets on large-scale retail buildings, office buildings, or industrial buildings where full gabled roof forms or hipped roofs would be cost prohibitive or impractical. See Figure 18. FIGURE 18 Use of shed roofs on all facades of a building allows for a void in the roof form to house equipment while still conveying the impression of a gabled or hipped roof when viewed from the ground. This roof would be further improved with dormers. 3. Shed roof forms in place of parapets (See Facade Extensions and Parapets.) shall only be used on buildings with an exterior wall height in excess of eighteen feet. 4. When used in place of a parapet, a shed roof form shall be used in a consistent application on all facades visible from public spaces or residential areas to portray the appearance of a gabled or hipped roof form. The [pitch on a shed roof is encouraged to be between 5:12 and 14:12. See Figure 19. FIGURE When the height of a pitched roof on a retail or office structure is forty percent or more of the total height of the building and extends horizontally more than forty feet without a break or variation in roof form, dormers shall be used to break-up the roof plane or primary facades. See Figure

255 FIGURE 20.5, 20' 25% Dormers not required 20' Dormers required t 12' 20' 60% Dormers required C. Flat Roofs. Flat roofs allow for practical application on large structures and provide variety and flexibility in nonresidential building design. The following standards shall apply to the use of these roof forms in nonresidential buildings: 1. Flat roofs shall not be permitted as the primary roof form on buildings with a total building height less than eighteen feet or gas station canopies. 2. Flat roofs may be permitted on visible sides or rears of large- scale retail, office, civic, or industrial structures provided the following criteria are met: a. Rooftop equipment is not visible from public spaces or adjacent residential areas (See definition of Visible from Adjacent Residential Areas.); and b. Dimensional cornice moldings that coordinate with the overall design of the structure are used to cap the wall. permitted if: 3. Flat roofs on primary facades of any nonresidential building shall only be a. They are capped by a dimensional cornice molding that vertically measured is a minimum of five percent of the exterior wall height, coordinates with the overall design of the structure, and projects a minimum of four inches from the surface of the facade. See Figure 21; 255

256 FIGURE 21 b. (ii) Rooftop equipment is not visible from public spaces or adjacent residential areas; and c. (iii) A minimum of twenty-five percent of the lower portions of the facade with which the flat roof is associated incorporates either awnings or overhanging projections to cover walkways. See Figure 22. FIGURE 22 D. Asymmetric or Dynamic Roofs. Asymmetric or dynamic roof forms allude to motion, provide variety and flexibility in nonresidential building design, and allow for unique buildings. Asymmetric or dynamic roof forms shall be permitted on nonresidential buildings provided the criteria for flat roofs in section c. Flat Roofs above are met. See Figure 23 for an example of a building with a dynamic roof form. FIGURE 23 Store Name Sign 256

257 E. Façade Extensions and Parapets. Façade extensions or parapets may be used on flat roofed structures to create variation and screen rooftop equipment. The following standards shall apply to facade extensions or parapets: 1. Facade extensions and/or parapets shall be included in the measurement of total building height and exterior wall height. 2. Façade extensions and/or parapets shall be applied in a consistent manner to all visible facades of a structure to create a consistent and intentional screen for rooftop equipment without the appearance of a veneer or flat wall extended beyond the roof form when viewed in profile (See Figure 24.). Exceptions may be made by the city for rear facades that are not visible from public spaces or residential areas. FIGURE 24 Figure 24: This image shows a thin parapet extension this style is prohibited. See Figure 25 for preferred alternatives. 3. When pitched or gabled roof elements are used over entry features on otherwise flat roofed structures, the portion of the façade with the pitched roof should project from the main wall and the pitched roof should be a minimum of ten percent of the building depth or terminated into a shed or gabled roof. See examples in Figure 25. FIGURE 25 This illustration shows the preferred methods for the use of parapets or roof forms for façades rather than the use of thin parapets as shown in Figure

258 (4) Overhangs and Covered Walkways. Overhangs to provide cover for walkways or shading for windows, awnings, or projecting features that cover a portion of the façade are preferred over the projection of the whole upper portion of a primary façade, that can overshadow the articulation of the building's façade and may create a top heavy appearance. A. Dimensional banding to provide a "marquee" area for signs or brand identification shall be prohibited. B. Upper portions of primary façades shall not overhang lower portions of the facades to provide covered walkways or shaded windows unless at least one of the following conditions is met: 1 The overhang is finished with a shed or gabled roof form with overhanging eaves. 2. The height of the overhanging portion of the structure is less than twentyfive percent of the total building height and supported by piers, pillars or columns of sufficient width and depth to create the appearance of an arcade or other architecturally integrated feature that reiterates the articulation standards established herein. See Figure 26 for examples. FIGURE 26 yes Lt Yes Yes Yes Yes I No (c) Gas Station/Service Station Canopies (1) Purpose. The appearance and scale of a gas station or service station should not overshadow the architecture or scale of the associated buildings or adjacent development. (2) Requirements. The following standards are intended to promote design of these canopies that is sensitive to the residential context of the city: A. Scale. The total height of canopies shall not exceed that of the primary structure. B. Roof Form. Roof forms identified in Figure 17 shall be used for all canopies. No flat roofs shall be permitted. C. Materials. Support columns or piers, roofing, and other exterior finishing materials shall match those used on the site's primary structure and all elements of the canopy shall be proportioned to each other. See Exterior Finish Materials & Colors. 258

259 (d) Exterior Finish Materials & Colors (1) Purpose. These standards are intended to achieve unity of design through compatible materials and colors in nonresidential development. The residential character of the city is directly influenced by the appearance of structures and their finishing materials. Nonresidential structures shall be finished with high-quality, durable, and attractive natural materials or manufactured materials with a natural appearance. Exterior finish materials should have low maintenance requirements and utilize colors that reflect the traditional residential character of the city. (2) Permitted Materials. Exterior finish materials shall be permitted as applicable. As with articulation, the materials may vary from the primary or visible façades to the secondary or screened façades. Other new materials meeting the purpose of these standards may be approved by the city on a case-by-case basis as a primary or accent building material: A. Primary Facades. Primary facades of nonresidential buildings shall be constructed with a primary exterior covering as defined in Table I: Permitted Exterior Building Materials (page 26). All materials should be the natural color of the permitted materials. B. Secondary Façades. Secondary facades of nonresidential buildings shall be constructed with a primary exterior covering as defined in Table I: Permitted Exterior Building Materials (page 26). All materials should be the natural color of the material or permanently colored, stained or painted to match the colors of the primary materials on the visible façades. C. Primary Materials. Primary materials refer to any material or combination of materials that provide the base covering for the building usually comprising fifty percent or more of the façade finishing material. D. Accents & Detailing 1. Materials considered accent or detailing shall comprise no more than twenty-five percent of the facades surface. See illustrations in Figure 27 on the following page. 259

260 FIGURE 27 Example of Coverages for Accent Materials 5 % of facade area (78 square feet of accent material) 0% of facade area (156 square feet of accent material) Figure 27: This building facade represents a total of 1,557 square feet excluding the roof area but including the gable. The area occupied by windows and doors is 548 square feet or 35% of the facade area, leaving 1,009 square feet of building facade which requires exterior materials. The percentages of the total facade area are: 5% = 78 square feet 10% = 156 square feet 15% = 234 square feet 25% = 390 square feet The gray shaded areas represent the area covered with an "accent material" 15% of facade area 233 s uare feet of accent materia T 25% of facade area (390 square feet of accent material) - [0+ J

261 Table 1: Permitted Exterior Building Material Large- Small- - Scale Scale Exterior Finish Materials Retail Retail Unglazed red-tone brick PP 1, A/T PP, A/T Natural Stone PP, ATE PP, MT Cut Stone PP, A/T PP, Hotels/ Motels PP 1, A/T PP, Arr Gas Station Canopies BUILDING TYPES Large- Scale Office Small- Scale Office PP, A/T PP 1, PP, MT A/T PP, A/T PP, AT PP, A/T Industrial Civic & Institutional Other PPI, MT PPI, A/T PP 1, ATE PP, NT PP, MT PP, A/T PP, PP, A/T PP, PP, PP, NT PP, NT PP, A/T ATE NT MT Wood Clapboard PP, PP, A/T PP, C, A/T PP, A/T C A/T NT Fiber Cement Siding PP, NT PP PP, PP PP, PP PP, A/T PP C NT A/T Cement Veneers PS C C Brick Veneers PP PP PP PP PP PP PP C Exterior Insulate Finish PS, NT A/T PP 2, A/T PS, MT PS, A/T PS, AfT C Systems (EIFS) A/T A/T Decorative Concrete Masonry Units PS MT PS NT PS, A/T PP/AT C, NT Tilt-Up Architectural PS PS PS PS C Concrete Decorative metal siding PS PS C Steel Sheet Siding PS C C Wood Trim, Moldings A/T MT A/T NT NT NT MT MT NT Fiber Cement Trim, Moldings NT A/T NT NT MT A/T NT MT NT Metallic Flashing or Trim (aluminum, steel, copper, brass) A/T NT NT A/T NT NT NT A/T MT Vinyl Trim A/T A/T NT MT A/T A/T NT NT A/T PVC Trim or Moldings A/T NT NT MT NT NT A/T A/T A/T Terra-Cotta Details or Tile NT NT NT MT NT A/T NT A/T A/T White-Washed Brick A/T A/T A/T MT NT NT NT MT MT Glazed Brick A/T A/T A/T MT NT A/T A/T A/T MT Glazed or Unglazed NT NT NT A/T NT A/T A/T NT MT Decorative Tiles Cast or Wrought Metal NT MT NT A/T NT NT MT NT A/T 1 TRADITIONAL OR LARGE SCALE BRICK 2 ONLY ON UPPER STORIES PP Permitted/Primary and Secondary Facades PS Permitted/Secondary Facades A/T Permitted as Accent (See VII. D.2.d. Conditionally Permitted or New Materials) C Conditionally Permitted (See VII D.2.e. Conditionally Permitted or New Materials) Arr 2. Permitted accent or detailing materials for all nonresidential structures are detailed in Table I: Permitted Exterior Building Materials. 261

262 E. Conditional or New Materials. Materials listed as conditionally permitted or new materials not listed as prohibited in these standards may he approved by the city on a case-bycase basis provided the city fmds the proposed material meets the intent of section VII. D. I. Purpose. F. Façades. Facades of nonresidential buildings shall be constructed with a primary exterior covering as defined below: 1. Large-Scale Retail or Large-Scale Office. Example buildings include strip centers, big box retailers, movie theaters, hotels/motels, and high-rise office. a. Primary Facades and Visible Secondary Façades. Primary facades and visible secondary facades of large-scale retail structure shall have a primary exterior covering of fifty percent or more of unglazed red-toned traditional-sized brick, large-scale brick, natural stone, cut stone, fiber cement siding, brick veneer, or some combination of these materials. b. Screened Secondary and Rear Facades. Screened secondary and rear facades not visible from residential or public areas may be finished with tilt-up architectural concrete panels, decorative concrete masonry units, Exterior Insulate Finish System (EIFS), or any of the permitted materials for the visible facades. All materials should be permanently colored, stained, or painted to match the colors of the primary materials on the visible façades. 2. Small-Scale Retail or Small-Scale Office. Example buildings include strip centers, restaurants, bars, banks, general retail, professional offices, daycares, and nursing homes. Small-scale retail or office structures shall have a primary exterior covering or red-toned traditional-sized unglazed brick, natural or cut stone, natural wood clapboard, fiber cement siding, or some combination of these materials on all facades. 3. Industrial. Example buildings include light industrial; flex building, office buildings, and storage buildings. a. Primary Facades and Visible Secondary Facades. Primary facades and secondary facades (or any portion thereof) visible from public or residential areas, shall be finished with red- toned traditional-sized unglazed brick, large-scale brick, brick veneers, natural stone, cut stone, fiber cement siding or some combination of these materials. Wood clapboard may be considered appropriate in some applications. b. Screened Secondary and Rear Facades. Secondary and rear facades not visible from residential or public areas may be finished with tilt-up architectural concrete panels, decorative concrete masonry units, EIFS, cement veneers, metal or steel siding or any of the permitted materials for the visible facades. All materials shall be permanently colored, stained, or painted to coordinate or match the materials used in the visible facades. 4. Civic & Institutional Buildings. Example buildings include schools, universities, public service buildings, hospitals, churches, auditoriums, and other similar buildings. 262

263 a. Primary Facades and Visible Secondary Facades. Primary facades and secondary facades visible from roads or residential areas shall have a primary exterior covering of red- toned traditional-sized brick, large-scale brick, natural stone, cut stone, natural wood clapboard, fiber cement siding, brick veneer, decorative concrete masonry units, tilt-up architectural concrete panels, or some combination of these materials. Cement veneers and steel siding may be conditionally approved. b. Screened Secondary and Rear Facades. Secondary and rear facades not visible from residential areas or roads shall be finished with decorative metal siding, EIFS, or any of the permitted materials for the visible facades. All materials shall be permanently colored or painted to coordinate or match the materials used in the visible facades. G. Roofing 1. The following are the permitted materials for visible roofmg on all nonresidential structures: a. Slate b. Synthetic slate c. Dimensional asphalt shingles 2. The city may consider additional or new manufactured materials that meet the purpose of the materials standards in this section on a case-by-case basis. 3. Retail, industrial, office, and civic buildings may employ standing seam metal roofing on a limited basis upon approval of the city, when the application of the material is consistent with the purpose of this section. 4. Alternative materials that are consistent with the purpose of this section, are durable, coordinated with the architecture of the building, and are of permitted colors as listed in section VI. E. 3. Permitted Colors below for visible asymmetric or dynamic roofs shall be approved on a case-by-case basis. H. Awnings or Fabric Canopies 1. Awnings or fabric canopies shall be made of canvas or other durable nonglossy outdoor grade fabric in a permitted color listed below that coordinates with the overall design of the building. 2. Awnings or fabric canopies in a primary or trademarked color shall not be permitted on any building. 3. Awnings or fabric canopies may contain logos or names in trademarked colors that comply with the sign code. 4. Backlit awnings or canopies are prohibited. 263

264 (3) Permitted Colors. Nonresidential buildings shall have primary materials, accents, roofing, and awnings/canopies finished in the range of the permitted color palette as follows: browns, warm grays, tans, creams, black, white, dark reds, dark blues, dark greens, naturally colored stone, brick red, and red-toned bricks. The city may consider other colors on a case-bycase basis that comply with the purpose of this section. (4) Color and Material Variation A. Primary Surfaces and Accents. Each building facade shall be limited to a combination of no more than three (3) coordinated colors and/or materials including primary and accent materials. Large expanses of white or very light colors are discouraged. B. Trims and Detailing. Trims and detailing may be constructed of additional materials; however, detailing (e.g. window casings, accent trims, cornice moldings, etc.) is encouraged to be finished in a material or color which contrasts with the primary color to add emphasis to the effect of the trim. C. Transition of Materials. 1. Same Facade. When a transition from one material to another is made on the same facade, it shall be completed either with appropriate trim or as an accent with variation such as quoining or reveals based on material thickness. See Figure 28 for examples. FIGURE 28 zislw.:11:7 1: Ems OM immumliall IMO AM MINITIMMI OM MI IMMO NM MI MIMI! MEI 11= NMI Mil MN OM MEI MIMI NMI NMI uliasaimml ivill = ; M MIIIIIMMINNI NM wawa. lig INIII MIN mai =Er This building example shows how a variety of materials can be successfully transitioned with changes in thickness 2. Different Facades. When a transition in materials is made from one facade to another, the transition of materials shall be made at an inside corner. (5) Masonry A. Brick Patterns (bonds) 264

265 1. When traditional-sized brick or large-scale brick is used in a facade, the brick shall be laid in an American Common Bond, Running Bond, Flemish Bond, or English Bond. Stack Bond may only be used as accent. Soldier and sailor courses and rowlock courses are also appropriate as accent. See illustrations below in Figure 29. FIGURE 29 Common Bond (6th Course Headers) Common Bond (6th Course Flemish Headers) Running Bond OF L= I flc=1-1-- L=C , II I = - h - h I 1111 I..=._=J I I I 1 F- lr iril IO [7, 1, It 1-1E: ITT:1-111in 1 10 gal - I. F I I 11 Clh n-17 1: I J it II I I _I Flemish Bond T=EILT-1] 1_11ilILJ1 10E2: E-11 LIL11-11-M11-11E1 I =IL IL ]fll J= English Bond Stack Bcnd =1 i=ee:112=10017] ITI I nun EL SOD L _1 1 1 L. I 7-1 I it 1 f TIE IC-7 I U]LJLLIJLJULJ` ]LIB I 1 II 171METIEJ I I A 1 == of 11-1 on *In This figure illustrates the various types of brick or bonds used in masonry. Source: 2. Whitewashed or glazed brick shall only be permitted as accents. B. Masonry Mortars. Masonry mortars shall be of a traditional medium warm gray or slightly tinted to coordinate with the brick and moderate the contrast between the brick and mortar. Mortar colored to exactly match the brick or stone creates a flat appearance and is discouraged. Very white or light colored mortars also create an artificial appearance and are discouraged. (e) Entries and Doors. Entrances to buildings or tenant spaces shall be clearly identifiable and enhance the architecture of the building. (1) Identifiable Entrances. In all cases, the main entrance of the building or tenant space should be easily identifiable and should provide a strong statement for the building using architectural articulation, detailing, specialty pavement, hardscaping, landscaping or a combination of these elements. 265

266 A. Large-scale commercial buildings, industrial building, office buildings, and civic buildings are particularly encouraged to incorporate façade projections or variations in roof form to emphasize the location for customer or main entrances and reemphasize the building's articulation. B. Small-scale commercial and office buildings should also place an emphasis on main entryways; however, the features should be kept in proportion with the scale of the overall building mass. (2) Unique Business Identity. Entrances should be designed to allow individual business to present a clear business image without compromising the unity of the facade or the general character of the city. Entries shall not be solely identified by signage. See Figure 30. FIGURE 30 (f) Fenestration and Windows. Fenestration or the pattern of window openings in a facade assists with the articulation of the building and improves the visual appearance of structures. (1) Window Scale and Proportions. Generally windows with vertical proportions are closer in style to those traditionally used in residential architecture and help relate nonresidential buildings to the desired residential character of the city. However, display windows and other forms of horizontally oriented windows may be acceptable in larger-scale structures where the horizontal window openings can be incorporated into the overall building design. Large expanses of glazing shall not be permitted. A. Windows should generally be between fifty percent and eighty percent of the floor height in which they are installed. B. Horizontally proportioned windows are encouraged to be divided into vertically proportioned components either through multi-part windows (shown in Figure 31) or other divided lights. 266

267 FIGURE 32 Er.:!"9" Chr'S ritinter These images show horizontally formatted windows that are divided into vertical components. Figure 32 shows the appropriate way to incorporate glazing on the ground floor with a bulkhead used rather than running the glazing to grade C. Windows or glazing shall not be installed to run from grade. A bulkhead constructed of brick, stone, wood, or fiber cement siding with a minimum height of eighteen inches shall stand between the base (sill) of the window and grade. This area should be finished to enhance the architecture of the building. Inclusion of a water table, knee wall, or kick plate is encouraged to articulate the base of the facade. D. Windows shall be modulated and separated by structural walls finished in permitted materials. Fully glazed facades shall not be permitted. basis. E. Multi-story windows may be reviewed and approved by the city on a case-by-case (2) Fenestration Patterns and Rhythm. A recognizable pattern or rhythm shall be established with the placement of window openings. A. Generally, window openings or groups of windows should be equidistant from one another to create a regular pattern. A horizontal distance greater than one and one-half times the width of the windows or group of windows should be avoided unless other elements of the facades detailing or building articulation help continue an established pattern. For instance, a series of bays with windows may be alternated with a series of bays without windows. Figure 33 shows how the grouping of two sets of blanks is separated by a bay with no windows which is approximately equal in width to the group of windows. Figure 35 shows fenestration where the spacing between windows is equal to the width of a window. 267

268 FIGURE 33 B. When a genuine window opening is not feasible, variation in the façade's pattern or the use of "blanks" on mortar buildings and shuttered windows on non-mortar buildings may be considered appropriate. See Item 4. Blanks below for specifics on blanks. C. Windows on upper stories should generally be vertically aligned with lower story windows or off-set in a manner that creates an intentional pattern. If the distance between the lintel of the first floor window and the second floor windows is greater than two times the height of the upper story window spandrel panels shall be used. See Figure 34 which shows spandrel panels used to improve articulation. FIGURE % :101I r, r ifin1114 D. Windows used to establish a fenestration pattern should generally be of the same size; however, smaller or larger windows may be employed to create variation and interest. Portals or smaller windows that are used in groupings are examples of this. (3) Glazing. At least fifty-percent of all glazing between two and ten feet from grade or on the ground floor of commercial buildings shall have a Visible Transmittance (VT) of 0.6 or higher. Glazing above twelve feet from grade may have lower levels. Lower VT levels may be employed in other nonresidential buildings for climate control purposes; however, fully opaque glazing or mirrored glazing is prohibited. Spandrel or other opaque glass may be appropriate in very limited applications as an accent but not as a replacement for the required window openings. (4) Blanks. Blanks or bricked in openings may be employed in locations where genuine window openings are not feasible due to internal layout to continue an established window pattern. However, no more than twenty-five percent of the openings in a primary facade may be blanks. In masonry, or stucco buildings the blank may appear to be a bricked or filled in window. On non- masonry buildings, closed shutters can be used rather than an actual window to convey the impression of the window. See Figure

269 FIGURE 35 This office building employs bricked-in openings to continue the rhythm of open windows where openings were not feasible. This is a side façade which faces the side of a building of similar design. (5) Required Fenestration. Including windows in building facades adds transparency and thereby helps reduce the bulk and monotony of fully opaque or solid surfaces. Generally, window openings shall emphasize articulation and enhance the detailed appearance of the structure. The following standards describe the required per Len ages of windows on the various façades based on the type o building. The method to calculate fenestration area is shown in Figure 36. FIGURE 36 10' 2' This illustration shows how to determine the required area for openings. This example shows the percentages required for primary façades 50% on the first story and 25% on the second story. The measurements shown can be applied to all of the requirements for all building types and percentages, as detailed in the following standards A. Large-Scale Commercial 1. Primary Facades 269

270 a. At least fifty percent of the wall area between two and ten feet above grade shall consist of windows; however; no more than twenty-five percent of the windows may be blanks. b. On second floors, at least twenty-five-percent of the wall area between three feet as measured from that stories finished floor and three feet down from the finished ceiling shall consist of glazing. c. If a single-story building has a facade taller than twenty feet the facade area above twelve feet is subject to the same window requirements as the second floor requirements in section (b) above. 2. Visible Secondary Facades a. On all other publicly visible facades, at least thirty-five percent of the wall area between two and ten feet above grade shall consist of window openings, no more than fifty percent of the required openings may be blanks; and b. On second floors, at least twenty-five percent of the wall area between three feet as measured from that story's finished floor and three feet down from the finished ceiling shall consist of glazing. c. If a single-story building has a facade taller than twenty feet, the facade area above twelve feet is subject to the same window requirements as the second floor requirements in section (b) above. 3. Screened Secondary Facades. No fenestration or window openings are required on fully screened secondary facades. B. Small-Scale Commercial. 1. Primary Facades. a. At least forty percent of the wall area between two and ten feet above grade shall consist of window openings, no more than twenty-five percent of the required window openings may be blanks; and b. On second floors, at least twenty-five percent of the wall area between three feet as measured from that story's finished floor and three feet down from the finished ceiling shall consist of glazing. c. If a single-story building has a facade taller than twenty feet the facade area above twelve feet is subject to the same window requirements as the second floor requirements in section (b) above. 270

271 2. Visible Secondary Facades. a. At least thirty percent of the wall area between two and ten feet above grade shall consist of window openings, no more than twenty-five percent of the required window openings may be blanks; and b. On second floors, at least twenty-five percent of the wall area between three feet as measured from that story's finished floor and three feet down from the finished ceiling shall consist of glazing. c. If a single-story building has a facade taller than twenty feet the facade area above twelve feet is subject- to the same window requirements as the second floor requirements in section (b) above. 3. Screened Secondary Facades a. If a secondary facade is fully screened no windows are required. b. If a small-scale commercial building is on an outlot and the rear or secondary facades face or abut parking, or the front of another commercial use; the following provisions shall apply: (1) At least forty percent of the wall area between two and ten feet above grade shall consist of fenestration openings. All of the openings may be blanks. (2) On second floors, at least twenty-five percent of the wall area between three feet as measured from that story's finished floor and three feet down from the finished ceiling shall consist of glazing. (3) If a single-story building has a facade taller than twenty feet the façade area above twelve feet is subject to the same window requirements as the second floor requirements in section (2) above. C. Offices, Civic, & Institutional 1. Primary and Visible Secondary Facades a. At least thirty-five percent of the wall area between two and ten feet above grade shall consist of windows, blanks shall not be permitted on primary façades, and no more than twenty-five percent of the required window openings may be blanks on a secondary façade; and b. On upper floors, at least thirty-five percent of the wall area between three feet as measured from that story's finished floor and three feet down from the finished ceiling shall consist of glazing. 271

272 c. If a single-story building has a facade taller than twenty feet the facade area above twelve feet is subject to the same window requirements as the upper floor requirements in section (b) above. 2. Screened Secondary Facades. A quantity of window openings is not specified for screened secondary facades; however, the use of regularly placed windows that provide light and ventilation to the interior of the building is strongly encouraged. When possible the established fenestration pattern from the visible facades should be continued on screened secondary facades. D. Industrial. 1. Primary Façades. A quantity of window openings is not specified for the primary facade; however, window openings and blanks are encouraged to be added to compliment the overall building design and materials. 2. Secondary Facades. No window openings are required on secondary facades; however, windows may be added to compliment building design or be provided for light and ventilation. (g) Trim and Detailing. In addition to the very broad massing and scale of a building, the application and use of trim and detailing contribute to the character and quality of a structure and help define a specific style or type of architecture. While, no specific architectural style is required for buildings in the city, attention to detail and a high level of finish shall occur. This section provides standards for the inclusion of architectural trim and details. (1) Trim. Trims refer to ornamental or projecting framing or design elements around openings, at corners, along eaves, and other architectural elements attached to the exterior walls of a building that do not serve a structural purpose. Applied moldings, woodwork, or other linear finishing elements that add dimension and definition or an "outline" to elements of a building's façade are examples of trim. They are applied to cover transitions in materials, and provide finish to a façade. A. Trim shall be of an appropriate type and scale to convey an architectural style for a building. Generally, narrow trim should be used on smaller elements and on smaller buildings while wider trim should be use on larger structures. B. Trim should be used around façade openings to add dimension and emphasis. C. Trim should be a contrasting color to the primary facade to help define the facade openings and articulation. However, the city may approve non-contrasting trim and detailing if it enhances the articulation and character of the structure. See Figure

273 FIGURE 37 This building shows the emphasis added by incorporating trim that contrasts with the main color of the building. The entryway, windows and outline of the structure are enhanced by the contrast and made clearly visible (2) Detailing. Detailing refers to other elements that are installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression and assist in the articulation of a facade adding dimension or character. Some features included in detailing are: a. cornices b. projecting eaves c. gutters and downspouts d. belt courses e. sills fl lintels or hoods g. spandrels h. water tables, knew walls i. Pillars, piers, pilasters, columns j. decorative ornamentation i. terra cotta ii. tiles iii. quoining Examples of detailing are shown below in Figure 38. The letters correspond to the listed items above. FIGURE 38 a. b. c. d. e. & f. g. mwasi 177-7" J.11 I. 273

274 (h) Mechanical Equipment. Mechanical equipment shall be screened and/or incorporated into the architectural design of the building. (1) Rooftop Equipment. Rooftop equipment shall be located in a manner so that it shall be screened from view of the public. It shall be screened by appropriately designed parapet walls, or other rooftop features such as cupolas that are architecturally integrated with the overall design of the structure. (2) Ground Mounted Equipment & Service Structures. See Chapter Regarding Landscaping and Buffering for Service Structures for specific screening requirements. (3) Utility Housings. All utility housings, junctions, and other exterior duct work or conduits shall be painted or permanently colored to match the basic building material color on which it is located to reduce the impact of its appearance unless it can successfully be integrated with other trim or detailing in a manner that enhances the architectural style of the structure. FIGURE RELATIONSHIP TO SURROUNDING USES (a) Purpose. The city's intention is to ensure transitions between nonresidential uses to promote development patterns similar in size, scale, and building characteristics, and to provide for pedestrian friendly connectivity. (b) Transitions between Nonresidential Land Uses (1) Applicability. Transitions shall be required to help coordinate new buildings with their surroundings creating context sensitive structures and sites that meet the other requirements of these standards. (2) Methods of Transition. The following methods of transition shall be employed as applicable: A. Architectural Transitions. Nonresidential development shall employ a minimum of four of the techniques described below to create compatibility with surrounding and adjacent developments. (See Figure 40.) However, in a case where the existing adjacent buildings are nonresidential structures that are not in conformance with the site or architectural standards, new 274

275 structures shall be designed to conform to the more restrictive elements of these standards and not reiterate inappropriate elements incorporated in existing structures. 1. Use similar building setbacks. 2. Use similar building height. 3. Use similar building width. 4. Use similar window styles, rhythm, and alignment. 5. Use similar roof form, building materials, or building color. 6. Use similar facade articulation on large nonresidential buildings. 7. Use front-to-front, or side-to-side building orientation, especially with nonresidential uses that are pedestrian-intensive, for example restaurants and banks. FIGURE 40 NO! Incompatible roof forms No screening between uses Mira. YESI Similar building height Similar roof form Landscape buffer /giat To the maximum extent practicable, commercial development shall employ transition techniques to ensure compatibility with surrounding development, including adjacent residential development. B. Green Transitions 1. Use small green spaces such as courtyards, squares, parks, plazas, and other similar spaces that can function as community gathering places and neutral uses. 2. Use existing natural features such as natural topography (not retaining walls), streams, existing stands of trees, and other similar features. C. Multiple Structure Development Transitions. When office, small-scale retail, pedestrian-intensive retail or service, civic, or public uses are planned as part of the same development containing larger-scale or more intensive retail or industrial uses, the applicant shall site the less intense uses closer to the adjacent low intensity (residential) uses to provide a transition. 275

276 D. Orientation of Bothersome or Nuisance Features. 1. Bothersome or nuisance features shall be oriented away from neighboring uses or toward similar features on adjacent properties.- For example, avoid placing garages, parking lots, or services areas facing the fronts of residential or other nonresidential structures. 2. The city may impose conditions upon the approval of development applications to ensure that new nonresidential development will be compatible with existing uses, including but not limited to: a. Placement of trash receptacles; b. Location of delivery and loading zones; and c. Placement and illumination of outdoor vending machines LANDSCAPING AND BUFFERING (a) Purpose. The goal of the landscaping and buffering requirements is to provide an aesthetically pleasing environment for the city through the provision of green space, trees, plantings, and other screening techniques providing the best possible compatibility, integration, and transition between land uses. Landscaping improvements are required along the perimeter of sites, along the streetscape, and within interior portions of parking lots. Landscape plans shall be prepared by a licensed landscape architect in the State of Ohio. (b) Buffers (1) Applicability. Buffers shall be provided between all nonresidential uses as required by the Code. The buffer types are described below. The annotation in the table of A, B, C, refers to the type of buffer. The buffer types are explained in detail following the table in sections IX. B Although these standards apply to nonresidential development, new residential development built next to existing nonresidential development that does not employ these buffers should consider similar buffering techniques. (2) Opaque Buffer Type A. A Type A buffer is the most dense buffer required. This buffer is to be completely opaque from the ground to six feet above the ground. Buffering shall be provided by an opaque wood fence, stone or brick wall, an earthen berm and plant material with one-hundred percent opacity from grade to six feet. Planting material shall be installed on the residential side of the wall or fence, and shall include staggered plantings of evergreen, deciduous, and ornamental trees, shrubs and other ornamental perennial or annual foundation plantings, at intervals designed to achieve the required opacity. A minimum of one large shade tree or two small shade trees, one evergreen tree, and 5 shrubs shall be provided for every fifty linear feet of buffer fence or wall. Acceptable options are shown in Figure 41. When three story or taller residential buildings are permitted in the adjacent property, evergreen trees of at least five feet in height at the time of planting shall be placed along the wall to increase the buffers height to above ten feet at maturity. 276

277 FIGURE 41 BUFFERYARD TYPE A-Opaque Buffer 2 large trees 6 small trees 5 evergreens 25 shrubs 6 ft. high opaque fence (3) Semi-Opaque Buffer, Type B. A Type B buffer is the intermediate buffer. This buffer is to be completely opaque from the ground to three (3) feet above the ground. Buffering shall be provided by plant material and/or some type of structural barrier and/or earthen berm. Plant material shall reach required opacity within two years from planting and shall provide the same level of opacity all year. A combination of three foot high shrubs, masonry wall, or earthen berm and either small trees at thirty foot intervals or medium or large trees at forty foot intervals shall be used to create a buffer. Examples of acceptable options are presented below in Figure 42. FIGURE 42 BUFFERYARD TYPE B- Semi-Opaci Buffer small trees planted 30'on center 3 ft. high opaque stone wall small trees planted 30'on center on 3 ft. high seeded earth berm large trees planted 40"ciri center 3' high evergreen shrubbery hedge planted 3' on center (4) Light Buffer, Type C. A Type C buffer is the least intense buffer. This buffer is to be at least thirty percent opaque from the ground to six feet above the ground. Buffering shall be provided by plant material and/or some type of structural barrier and/or earthen berm. Plant material shall reach desired maturity within two years of planting and shall provide the same level of buffering all year. A combination of small trees at thirty-foot intervals or large/medium trees at forty-foot intervals and assorted shrubbery or split rail fences shall be used to achieve the required thirty percent opacity. Acceptable options are presented below in Figure

278 FIGURE 43 BUFFERYA RID TYPE C- Light Buffer small trees planted 30'con center small trees planted 30'on center with split rail fence large trees planted 40'.on center assorted shrubbery (c) Street Screening (1) Purpose. The appearance of private development should be subordinate to the transportation function along rights-of-way and the required landscaping along the roadway edges should be designed to direct and enhance the traveling experience. Required mounding shall serve as visual and acoustical barriers along the roadways. (2) Requirements. Street screening landscaping shall be required for sites that abut public rights-of-way and private streets to minimize the visual impact of large paved areas, parked vehicles, light overflow from vehicle lights, and to create an aesthetically pleasing environment. A combination of the following methods shall be employed to provide year round screening: A. Earth Mounds or Berms. Undulating earth mounds shall be approximately three feet to five feet in height and shall have a maximum slope of 2:1 (run:rise). The height of the mound shall be determined by the width of the required parking setback (see Chapter Location of Parking item (c)) and the maximum slope. Gentler slopes are encouraged when possible to create a more natural appearance and to provide for easier maintenance. B. Landscaping. Plant material shall be a mixture of deciduous shade trees, evergreen trees, smaller ornamental trees, shrubs, flowers, and others in groupings to form a continuous buffer. Furthermore, continuous mounds with evenly space trees located on the ridges are prohibited. 1. One large shade tree or two small shade trees, one evergreen tree, and ten shrubs shall be provided for every fifty linear feet of streetscape frontage. 2. Plants shall be in groupings to provide a desirable visual effect. Evergreen and ornamental trees shall be used in combination to create variation and provide year round screening. 278

279 3. Where parking is permitted closer to the right-of-way than would allow for appropriately sloped earthen mounds, a hedge-type planting is preferred. Mature height shall be approximately forty inches and plants shall be spaced tightly enough to provide a dense screen at maturity. (3) Sight Triangle. A sight triangle defined as the area from the intersection point of a street right-of-way on the lot to a point twenty feet back from this point on the lot lines, shall be required on corner lots at all street intersections. A. To ensure that traffic visibility is not obstructed and driving hazards not created, visibility between two (2) and ten (10) feet above the ground shall be clear of landscape materials, vehicles, fences, signs, or any other view obstructing structures. B. The required sight triangle may be excluded for calculation of the required street screening area. C. Deciduous trees may be permitted within the sight triangle if at maturity a clear distance of ten (10') feet can be achieved, excluding the trunk. (d) Interior Landscaping for Vehicular Use Areas (1) Purpose. Interior landscaping for vehicular use areas should soften the appearance of paved areas, assist in management of stormwater through reduction of impervious surface, and provide shade for nonresidential sites. (2) Requirements. All new nonresidential developments regardless of type, and all significant alterations, expansions, or renovations to existing nonresidential developments shall provide interior landscaping for vehicular use areas. Interior landscaping for vehicular use areas shall consist primarily of new tree plantings or the preservation of existing trees within the site. A. Landscape Area. An area equal to ten percent of the impervious surface of the vehicular use area shall be designated for interior landscaping. B. Minimum Area. The minimum landscape area permitted within a vehicular use area shall be sixty-four square feet, with a four foot minimum dimension. C. Maximum Contiguous Area. In order to encourage the required landscape areas to be properly disbursed, no individual landscape area used to meet the minimum requirement shall be larger than 350 square feet in size for vehicular use areas under 30,000 square feet, and no individual area shall be larger than 1,500 square feet in vehicular use areas over 30,000 square feet. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total. D. Minimum Required Plantings. The following minimums are required, based upon total ground coverage of vehicular use areas: 1. Not less than one tree for each one-hundred square feet of required landscape area, or not less than one tree per landscaped area, which ever is greater. 279

280 2. Required trees shall have a minimum caliper of two inches at five feet above the ground. 3. Trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs, or ground cover, not to exceed two feet in height. E. Vehicle Overhang. Parked vehicles may hang over the interior landscaped area no more than two and one-half feet (2 1/2), as long as concrete or other wheel stops are provided to insure no greater overhang or penetration of the landscaped area. (e) Foundation Plantings (1) Purpose. Foundation plantings shall be required along all primary facades to enhance the aesthetic appeal of the site. (2) Requirements. There is no specified quantity of plantings required; however, a combination of ornamental trees, assorted shrubs, ground covers, and annual plants should be used along all primary facades to enhance the appearance of the building. (f) Landscape Buffering for Service Structures (1) Purpose. Landscaping can reduce the visual impact of unsightly utility and service structures and reduce noise and other nuisance features of these elements by buffering them. (2) Requirements. All service structures shall be screened from public view or adjacent residential areas. For the purposes of this section, services structures shall include but not be limited to loading docks, propane tanks, dumpsters, electrical transformers, utility vaults extending above grade, and other equipment or elements providing service to a building or a site. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures. A. Issuance of Occupancy Permit. As these items are not always included on initial site or building plans, the issuance of an occupancy permit is contingent upon the inspection of these items by the Development Services Director. B. Screening 1. A continuous planting, hedge, fence, wall, or earthen mound shall be built to enclose any service structure on all sides unless such structure must be frequently moved or accessed, in which case screening on all but one side is required. doors. 2. Dumpsters shall be screened by a brick or stone wall and have wood 3. The planning and zoning commission may approve other types of screening materials on a case-by-case basis. 280

281 C. Curbs to Protect Screening Material. The city engineer shall determine if a curb is required to protect and contain a trash dumpster or waste collection unit. (g) Preservation of Existing Landscaping Materials and Wooded Areas. The city encourages the preservation of trees, landscaping, wooded areas, and other natural features to maintain and enhance the natural environment. Developers are encouraged to retain portions of tree stands by using expanded building setbacks and pruning techniques to open views from the road. All nonresidential developments shall comply with Chapter 1266 Preservation of Trees and Wooded Areas. (h) Landscaping & Hardscaping Materials (1) Purpose. The proposed landscape materials should complement the form of the existing trees on site or on adjacent sites if none exist on-site and plantings, as well as the development's general design and architecture. (2) Applicability. These regulations apply to all landscaping and hardscaping materials installed as part of the requirements of these standards. (3) Types. The type of shade or sun should be considered in selecting plant materials. The landscaping materials shall consist of the following: A. Walls and Fences. To comply with the existing wall and fence ordinance, for any proposed new nonresidential building, where stone fencing exists, such stone fencing shall be retained and improved as part of the approved landscaping. Walls and fences shall be constructed out of materials that match or coordinate with the building materials on the primary structure. B. Earth Mounds or Berms. Earth mounds or berms shall be physical barriers that block or screen a view similar to a hedge, fence, or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation between areas where screening is required does not constitute an existing earth mound. The height of the required mound shall be measured at the elevation adjacent to the use that requires buffering. C. Plants. Plant materials used in conformance with provision of this chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under State regulations. Artificial plants are prohibited. All plant materials shall be living plants and shall meet the following requirements: 1. Deciduous trees. Trees which normally shed their leaves in the fall shall have a minimum caliper of two inches measured at five feet and be species of small, medium or large maturity size in areas where there is not a visibility concern. a. In areas with visibility concerns, the trees shall be species of medium, to large maturity size which can eventually maintain five feet of branch free trunk with a minimum two inch caliper. b. Trees of species with roots that are known to cause damage to public roadways or other public works shall not be planted closer than fifteen feet to such public works, 281

282 unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five feet square and five feet deep and for which the construction requirements shall be four inch thick, reinforced concrete. planting. 2. Evergreen trees shall be a minimum of five feet high at the time of 3. Shrubs and hedges shall be at least three feet in average height when planted and shall conform to the opacity and other requirements within four years after planting. 4. Vines shall be at least twelve inches high at planting, and generally used in conjunction with walls, fences or trellises. 5. Grass or ground cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted as species normally grown as permanent lawns in central Ohio. They may be sodded or seeded, except in swales or other areas subject to erosion. Where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted in such a manner as to present a finished appearance and seventy-five of complete coverage after two complete growing seasons, with a maximum of eight inches on center. In certain cases, ground cover may consist sand, and similar approved materials. (4) Maintenance and Installation. All landscaping materials shall be installed in a sound, workmanship- like manner and according to 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 a proper, neat, and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year or by the next planting period, whichever comes first. Other defective landscape material shall be replaced or repaired within three months. No required plantings shall be removed by the property owner or agent of the owner unless the planting materials are found to be hazardous, unhealthy, or dead by the city or its agents. If any healthy mature or established plantings as required by this ordinance are removed at the discretion of the owner or his or her agent they shall be replaced by the owner with a similar sized planting to those that were removed to maintain a consistent and mature appearance of plantings in that area. (5) Preservation of Existing Landscape Materials. Existing landscape material shall be shown on the required landscape 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 city's approval authority, such materials meet the requirements and achieve the objectives of this chapter. (i) Fencing and Walls (1) Purpose. Fences and walls can be used in conjunction with plant material to provide visual breaks between properties, buffer various uses, and enhance the character of a development. 282

283 (2) Applicability. These standards apply to all fences and walls installed to meet the requirements of this appendix. (3) Types. A. Privacy fencing or walls (one-hundred percent opacity from grade to six feet) may be used as a screen between abutting commercial/industrial sites B. Decorative or privacy fencing may be used as a screen between commercial/ industrial sites and abutting residential sites if other transitional methods cannot achieve the desired transitions. C. Fences running parallel to a right-of-way in commercial areas shall be forty or more transparent such as wrought iron or picket or post and rail type fencing or less than forty inches in height. D. All fences shall be designed or installed so that the finished side of the fence faces out or towards the neighboring property. (4) Permitted Materials A. Walls shall be constructed of brick or stone (veneers are permitted) to match the primary material of the primary building. B. Fencing shall be made from natural materials. Wood fences shall be natural or have a transparent color stain finish. The finished side of the fence shall face the adjacent property or residential area. Post and rail, or other partially transparent fencing may be used in conjunction with vegetative landscaping to create defmition to the site. (j) Retention and Detention Basins (1) Purpose. Stormwater management facilities can be designed to enhance the appearance of the city's nonresidential areas and add character and attractive features to the areas. (2) Applicability. While site topography and engineering standards supersede aesthetics in the case of stolinwater management, the aesthetics of these facilities should be considered in site design for nonresidential developments. (3) Standards. The following standards should apply to the maximum extent feasible based on individual site conditions: A. Stormwater management basins located adjacent or near roadways should be designed as retention pods when possible to create visual interest and identity for the roadway and subject developments. B. Retention ponds shall be designed with the proper safety constraints. 283

284 C. Ponds shall require aeration to prevent stagnant water and fountains should be installed to maximize visual interest. D. Retention ponds shall meet the minimum requirements of the city engineer. E. Detention ponds shall be located away from roadways and public view to the maximum extent feasible. F. Dentition basins shall be seeded and maintained per the city requirements. G. Detention ponds shall meet the minimum requirements of the city engineer. (k) Street Trees (1) Purpose. Street trees in the public right-of-way create a unified appearance to major travel routes and contribute to an identity for the city. (2) Applicability. Street trees shall be planted at regular intervals, as specified along all public streets within the city right-of-way in conjunction with all nonresidential development. (3) Requirements. All street trees shall be planted or installed by applicants in conformance with the following requirements: tree. A. No tree species as listed on the Undesirable Tree List shall be planted as a street B. The minimum spacing required between trees is forty feet for large and medium trees and thirty feet for small trees. C. The maximum spacing for large trees shall be sixty feet on center. D. The minimum street tree setbacks shall be determined by the city based on the growth characteristics of the proposed tree, the width of the right-of-way in question, and the required visibility factors for the roadway as determined by the city's engineer. E. No tree shall be located closer than thirty feet from street intersections or ten feet from fire hydrants and utility poles. F. Small trees shall be used when planting under or within ten (10') lateral feet of overhead utility wires. G. Owners/developers shall be required to maintain the trees for one year after the trees are planted and to replace any tree which dies within that one year guarantee period. H. The minimum trunk caliper measured at five feet above the ground for all street trees shall be two inches. 284

285 (4) Landscaping within Right-of-Way. The occasions when landscaping within the city right-of-way is required for the owner/developer to achieve minimum streetscape requirements, an encroachment agreement between the city and landowner/developer shall be executed and recorded requiring the landowner/developer to maintain the landscaping and waiving any city liability SITE LIGHTING (a) Purpose. The purpose of the lighting standards is to coordinate and unify the overall lighting appearance of nonresidential developments with regard to aesthetic and technical aspects. Site lighting components should be visually interesting and serve not only to illuminate the parking and drive areas, but also to enhance the aesthetic appearance of the site. Fixtures shall be of a design complimentary to the intent of the Nonresidential Design Standards. (b) Applicability. All developments with ten or more parking spaces are required to provide exterior lighting for all exterior doorways, pedestrian pathways, and vehicular use areas. All developments with less than ten parking spaced shall provide exterior lighting at all exterior doorways. (c) Requirements. All exterior lighting shall meet the following standards and shall be demonstrated on all plan submittals: (1) Minimum Illumination. A minimum illumination of 0.5 footcandles shall be maintained when measured at grade in all vehicular use areas and pedestrian pathways. Actual site measurement compliance shall not drop below this minimum stated. For design purposes, the light loss factor (LLF) shall be calculated to 0.8 LLF. (2) Maximum Illumination. Lighting uniformity shall not exceed 10: 1 maximum to minimum light levels and 4:1 average to minimum light levels. The maximum foot- candle level shall be 10.0, with higher foot-candle levels approved on a case-by-case basis per the latest Illumination Engineering Society of North American Lighting Handbook. (3) Maximum Illumination at Property Lines. Light originating on a site shall not trespass beyond the site to exceed the following values when measured at grade ten feet beyond the property line for the following adjacent property types: a. Residential o.3 footcandles b. Multi Family 0.5 footcandles c. Office/Commercial/Industrial 1.0 footcandles (4) Maximum Height. The height of the light pole shall be determined by the size of the building as follows: A. Lighting fixtures for buildings smaller than 15,000 square feet shall not exceed the height of the building or twenty-five feet including the base, whichever is less. 285

286 B. Lighting fixtures for buildings 15,000 square feet of larger shall not exceed the height of the building or thirty-seven feet including base, whichever is less. (5) Fixture Type A. All pole mounted fixtures used in nonresidential developments except for industrial buildings shall be cut-off style of a traditional or historic reproduction using a gooseneck style arm on decorative poles with a clam shell base. B. Light fixtures and poles for industrial buildings shall be encouraged to be of a similar type as describe above in a.; however, other fixtures which are compatible with the architecture and scale of the building and adjacent buildings and their fixtures may be considered by the city on a case-by-case basis. C. The style of the adjacent development's light fixture should be taken into consideration on all nonresidential developments to promote consistency throughout the city. (See Figure 44 for examples of preferred types.) FIGURE 44 Source: Visionaire Lighting. Documents can be found at 286

287 D. Wall pack light fixtures should be compatible to the light pole fixtures and comply with the maximum spill over illumination requirements. E. All luminaries shall be high-pressure sodium or metal halide. The design shall be refractive or opaque. F. No colored or flashing lights shall be used to illuminate the exterior of buildings. G. All exterior lighting used to light vehicular use areas and pedestrian pathways shall be decorative post and arm construction of cast aluminum, cast iron, or cast steel. If posts are to be directly mounted in parking areas without buffers cast iron or steel poles shall be used for durability and safety. H. Lighting required by the Building Code for emergency egress (when operating in emergency conditions) and light sources which do not exceed 2300 initial lumens or 4000 main beam candlepower are exceptions to this requirement ELECTRIC AND COMMUNICATION UTILITIES (a) Purpose. The purpose of these standards is to reduce the visual clutter, interference with the location of trees, and damage from extreme weather which is common with overhead electric and communication utilities by incrementally installing lines underground. (b) Applicability. The following regulations apply to all new nonresidential development. (c) Requirements. The following standards shall be used to locate underground electric or communication utility wiring. line. (1) All utility lines should be installed underground from the building to the property (2) Utility lines within the right-of-way should be placed underground or relocated to the rear of the site to the maximum extent practicable. (3) When wiring is laid in parking areas it should be laid under drives to provide for future location or infill of the site without disturbing the utility lines SIGNS See Chapter 1292 for sign requirements v2 287

288 CHAPTER 1302 Olde Pickerington Village Overlay District Purpose District Boundaries Permitted and Conditional Uses District Standards PURPOSE. The old village section of Pickerington is a unique area comprised of residences, neighborhood businesses serving the personal, family, and household needs of residents and the community, and public and semipublic land uses. These uses are contained in structures representing a variety of architectural styles which reflect the era in which most of the village section was built. The purpose of the Old Pickerington Village (OPV) Overlay District is to recognize in these regulations the unique characteristics of the original village in order to protect, re-establish, and retain the unique architectural, site layout, and aesthetic characteristics of the district and the buildings and sites within it, while facilitating their use in today's market. Olde Pickerington is characterized by a mix of uses in close proximity, pedestrian-oriented architecture and site design, reduced building setbacks, rear parking lots, and a street system that incorporates alleys and smaller lot sizes. The provisions of the OPV Overlay are intended to recognize, protect, and encourage these distinctive features and design elements of the community and its history. The maintenance and renovation of existing structures together with the integration of new and expanded structures and sites that complement the character of the District are emphasized in order to maintain and enhance the Olde Pickerington Village DISTRICT BOUNDARIES. The boundaries of the Olde Pickerington Village Overlay District shall be those approved by Council and referred to as the "Olde Pickerington Village District" per Ordinance passed June 19, 2012 and incorporated herein PERMITTED AND CONDITIONAL USES. The permitted and conditional uses in the Olde Pickerington Village Overlay District are per those of the parcel's underlying zoning district. Zoning districts which occur within the OPV Overlay District include R-4 Residential, R-6 Residential, R-10 Condominium/Apartment, C-2 Central Business Mixed Use, C-3 Community Commercial, C-4 Highway Commercial, 0 Suburban Office, PO Suburban Office, M General Industrial, and P-M General Industrial. See the respective underlying district's section in this Code for the permitted and conditional uses, with the exception that second floor residential use is a permitted use in all districts within the OPV Overlay District. 288

289 DISTRICT STANDARDS. The development standards in the Olde Pickerington Village Overlay District are per those of the parcel's underlying zoning district and those contained within these Codified Ordinances, except as detailed below: (a) Single-Family Residential Uses and/or Primary Structures: (1) Lot Requirements: i. Minimum lot area: 4,500 square feet. ii. Minimum lot width: 40 feet. iii. Minimum front yard: No structure shall have a front yard setback less than the shortest existing condition front yard setback of structures on the three parcels to either side of the subject parcel or the three closest parcels directly across the street from the subject parcel. iv. Minimum side yard: Three (3) feet on each side. v. Minimum rear yard: Twenty (20) feet for the principal structure. Three (3) feet for accessory structures. vi. Maximum lot coverage: Fifty percent (50%). (2) Building Requirements in the OPV Overlay District are: i. Maximum height: thirty-five (35) feet. ii. Note: All residential development must meet the residential design guidelines. (3) Site Development Requirements in the OPV Overlay District are: i. Parking requirements: must be met on-site. ii. Fence requirements: same as the underlying district, but they must complement the character of the Olde Pickerington Village. iii. Accessory Structures: same as the underlying district, but they must complement the character of the Olde Pickerington Village. 289

290 iv. All other applicable zoning district regulations, subdivision regulations, landscaping regulations and sign regulations of this Zoning Ordinance must be satisfied. (b) Multi-Family and Mixed Uses and/or Primary Structures: (1) Lot Requirements: i. Minimum lot area: 4,500 square feet. ii. Minimum lot width: 40 feet. iii. Minimum front yard: No structure shall have a front yard setback less than the shortest existing condition front yard setback of structures on the three parcels to either side of the subject parcel or the three closest parcels directly across the street from the subject parcel. iv. Minimum side yard: Three (3) feet on each side. v. Minimum rear yard: Twenty (20) feet for the principal structure if it abuts a residential zoning district, otherwise a minimum rear yard of zero (0) feet. Five (5) feet for accessory structures. vi. Maximum lot coverage: Eighty percent (80%). (2) Building Requirements in the OPV Overlay District are: i. Maximum height: thirty-five (35) feet. ii. Note: All residential development must meet the residential design guidelines and required Certificate of Appropriateness (COA). (3) Site Development Requirements in the OPV Overlay District are: i. Parking requirements: must be met on-site or through a parking fee-in-lieu of agreement. ii. Fence requirements: same as the underlying district, but they must complement the character of the Olde Pickerington Village. 290

291 iii. Accessory Structures: same as the underlying district, but they must complement the character of the Olde Pickerington Village iv. Screening and Buffering requirements: same as the underlying district, but they must complement the character of the Olde Pickerington Village. v. The development of pedestrian and bike facilities and amenities shall be encouraged. Such facilities include the development of pedestrian access ways to rear parking areas, bike parking or storage, outdoor sitting areas, and planters. vi. All other applicable zoning district regulations, subdivision regulations, landscaping regulations and sign regulations of this Zoning Ordinance must be satisfied. (c) Non-Residential Uses and/or Primary Structures: (1) Lot Requirements: i. Minimum lot area: 4,500 square feet. ii. Minimum lot width: 40 feet. iii. Minimum front yard: No structure shall have a front yard setback less than the shortest existing condition front yard setback of structures on the three parcels to either side of the subject parcel or the three closest parcels directly across the street from the subject parcel. iv. Minimum side yard: Zero (0) feet on each side when abutting a nonresidential use or structure. Five (5) feet when abutting a residential use or structure. v. Minimum rear yard: Twenty-five (25) feet for the principal structure. Five (5) feet for accessory structures. vi. Maximum lot coverage: Eighty percent (80%). (2) Building Requirements in the OPV Overlay District are: i. Maximum height: thirty-five (35) feet. 291

292 ii. Note: All non-residential development must meet the non-residential design guidelines and required Certificate of Appropriateness (COA). (3) Site Development Requirements in the OPV Overlay District are: i. Parking requirements: must be met on-site or through a parking fee-in-lieu of agreement. ii. Fence requirements: same as the underlying district, but they must complement the character of the Olde Pickerington Village. iii. Accessory Structures: same as the underlying district, but they must complement the character of the Olde Pickerington Village. iv. Screening and Buffering requirements: same as the underlying district, but they must complement the character of the Olde Pickerington Village. v. The development of pedestrian and bike facilities and amenities shall be encouraged. Such facilities include the development of pedestrian access ways to rear parking areas, bike parking or storage, outdoor sitting areas, and planters. vi. All other applicable zoning district regulations, subdivision regulations, landscaping regulations and sign regulations of this Zoning Ordinance must be satisfied. (d) Parking Fee-in-Lieu of Required Spaces (1) If any of the minimum required parking spaces cannot be located on-site, a onetime payment is required to the City for each required parking space not provided. This fee shall be established by the City and shall be equivalent to the typical cost of constructing one parking space on an undeveloped site within the Olde Pickerington Village Overlay District. (2) The city must use these funds on one or more of the following: i. Efforts to provide new public parking spaces for OPV Overlay District (includes studies, design costs, land acquisition, construction, lighting and landscape and buffering). ii. Maintenance of existing public lots and on-street spaces; including maintenance of parking lot lighting, signage, landscape, and screening. 292

293 (e) Olde Pickerington Village Sign Standards (1) It is expected that each non-residential use storefront will have a combination of two of the following as their primary and secondary sign: a monument sign, a wall sign, an awning sign, a projecting sign, or a window sign. The standard primary sign should be a wall sign above the storefront or a monument sign in the front yard; and the standard secondary sign should be a projecting sign for easy view of pedestrians along the sidewalk. (2) Only one primary sign is permitted. The maximum number of business name signs should be two per business on the front, or side, or combination, of the building as well as one sign on the rear of the structure for those structures backing on a public alley. (3) The scale and proportions of a sign should fit with the scale of the individual building on which it resides. Signs shall not cover windows or roof shapes, or dominate trim or extend above roof lines. (4) Sign materials should coordinate and complement those of the building. Simulated wood grain signs are encouraged for monument, wall, and projecting signs. Materials to be avoided include non-durable materials like plywood panels. (5) Internally lighted signs are not permitted. Signs may be lighted from exterior sources, provided the light source is cut-off so as to only illuminate the sign face. Ground-mounted light sources must be screened from public view, preferably with landscaping. Wall-mounted light sources should be architecturally appropriate for the building. (6) All other sign standards of these codified ordinances apply v1 293

294 TABLE I - PERMITTED USES, ACCESSORY USES AND CONDITIONAL USES A = Accessory P = Permitted C - Conditional Use Type Districts Where Use is Permitted Min. Setbacks Adjacent to Res'dential Uses' (ft.) Min. Setbacks Adjacent to Nonresidential Uses (ft.) Front Side Rear AGR 121 R2 R3 R4 R6 R10 a 20 0 C3 C4 MI M Front Side Rear Front Side Rear 5 Agricultural Storage Processing C C C ) N/A - N/A. 6 6 Animal Clinic Without Boarding C CC C P p p p N/A 35 by BZA Animal Clinic With Boarding C C C N/A 35 N/A P Assisted Living Facility Auditorium C C C C C C C C C 5) ) N/A N/A Auto Fuel Service P P 53 ** 50 ** N/A 35 N/A 3 _ *, **3 3 * 3 *,, 3 Arts and Craft Studio p _ N/A 3 2, Arts and Craft Studio P ,000 3 Arts and Craft Studio P P P P _ N/A Automotive Service C C C C 503 ** 503 5) 3 ** Minimum Lot Width (ft.) Max Height (Else "P" District) (ft.) Max. Size (sq. ft.) ** N/A 35 N/A Auto. Vehicle and Equip. Stores C C ** N/A 35 N/A C 3 Bar C C C N/A -5 2,000 3 Bar p p ** -3 ** N/A 35 N/A 3 Business Retail P ** -3 ** ,500 3 Business Retail p ** -3 ** Business Retail P ** -3 ** N.A 35 2,500 3 Business Retail P P C 4.* -3 ** N/A 35 N/A Cemetery C C N/A -5 N/A Religious or Public Assembly C C C C C C C C C C C N/A 5 N/A Corn. Telecommunications Equip. C C C N/A 5 - N/A Commercial Entertainment C P P 5) * ** 50 3 * ** N/A 35 or - 5 N/A 4 4 Consumer Retail P P 4 p 4 p -3 ** N/A 35 N/A

295 TABLE I (Cont.) A = Accessory P = Permitted C - Conditional Use Type Districts Where Use is Permitted Min. Setbacks Adjacent to Residential Uses' (ft.) Min. Setbacks Adjacent to Nonresidential Uses (ft) AGR R1 R2 R3 R4 R6 R10 Cl C2 3 0 C3 C4 Ml M Front Side Rear Front Side Rear Minimum Lot Width (ft.) Max. Height (Else 'P" District) (ft.) Day Care, Adult or Child d eddec-8 C- 8 1)13 PPCs P N/A 35 Drive Thru Banking C C C C C N/A 35 or s N/A Drive Thru Retail C C C C N/A 35 Drive Thru Restaurant C C C N/A 35 - Eating & Drinking Establishments, Full Service PP C P P C N/A 3-35 or 1 General Industries P ** 50 ** N/A 40 General Retail P P 50 ** 3 ** N/A 40 Garbage Transfer C See Hospitals C C C C C 50 ** 3 ** N/A 40 Hotel/Motel C P P C N/A 40 or -5- Light Industry P N/A - - Medical and Health Related Serv. C P P PP C N/A 35 - Multi-Family Dwellings C P P Rules in Chap for R10 apply as applicable Noncontinuous Foundation Bldgs. C C C C C See Professional and Business Offices C P P P P P P C N/A 35 or-5 N/A Personal Service P P P P N/A 35 N/A Research and Development Ind. C C C C P P 50 ** N/A 40 or -5 N/A Elementary and Secondary C C C C C C C C C 50 ** N/A 40 N/A Self-Storage Buildings C C C C N/A 20 N/A Max. Size (sq. ft.) 3 3