CHAPTER 153: ZONING. General Provisions

Transcription

1 CHAPTER 153: ZONING Section General Provisions Definitions Interpretation; greater restrictions Effect of chapter Permitted and similar uses Status of annexed lands Lots Gasoline filling stations, public garages and parking lots Extraction of minerals Parking areas, automobile and trailer sales Trailers and trailer courts Off-street parking Permitted uses revoked Junk and auto wrecking yards prohibited Accessory buildings Fallout shelters Exception to yard requirements Maximum dwelling units per acre Minimum floor area for multiple family dwellings Multiple-family dwellings with efficiency units prohibited Green space requirement for multi-family dwelling units Signs Purposes Compliance required Definition and structural classification Outdoor advertising Measurement standards Design standards Illumination Signs in residential districts Signs in B-1 and B-2 Business and I Industrial Districts Signs in Flood Plain District Special exception for certain businesses Maintenance of signs Nonconforming signs Application for permits Removal of signs

2 Sign permit fees Division of village into districts District map reflects boundaries Intention of boundary lines Split lots R-1 Residence District S-1 Neighborhood Service District B-1 Neighborhood Business District B-2 General Business District I Industrial District F Flood Plain District Special uses Nonconforming uses Districts and Maps Specific District Regulations Special and Nonconforming Uses Administration and Enforcement Planning Commission Board of Zoning Appeals Village Administrator; authority as to permits and certificates Schedule of fees Zoning change procedure Appeals Penalty GENERAL PROVISIONS DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING. A structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one person or one family. FAMILY. Any individual or two or more persons living together on the premises as a single nonprofit

3 housekeeping unit. FRONT YARD. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the right of way and the front wall of a building. For the purpose of establishing the depth of the front yard, all streets are deemed to be 50 feet in width. GARAGE. Any building used for the storage or keeping of motor vehicles, and for which storage a charge is made. GASOLINE SUPPLY STATION. Any building, premises, enclosure or space used for the dispensing, sale or offering for sale to the public of gasoline or oil for motor vehicles, including the washing and greasing of motor vehicles and minor repairs thereto, such as replacing headlight bulbs and spark plugs, and tire changing. GREEN SPACE, PLAYGROUND, PARK. Area that is to be landscaped and dedicated to recreational use for the benefit of the residents dwelling in the units. JUNK YARD. Any land or area used for storage of paper, rags, metal or junk, or for the storage of motor vehicles not in running condition, or for dismantling of motor vehicles or other vehicles or machinery. LOT. A parcel of land occupied or vacant, or to be occupied, by a building. All lots shall front on a street or public right-of-way. LOT FRONT. That boundary of the lot which abuts on a street. In the case of a corner lot, the narrowest boundary fronting on a street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on the principal street. LOT WIDTH. The distance between the side lot lines measured at the building line. MOBILE HOME. A residence which is used for residential purposes, commercial hauling or storage purposes and which has attached facilities for public utilities from a public or private source. MULTIPLE DWELLING. A building containing three or more apartments, the occupants of any two or more of which use a common entrance and all living units of which are intended to be maintained under single ownership. ONE-FAMILY DWELLING. A detached building designed for, or occupied exclusively by one family. REAR YARD. An open space on the same lot with a building, between the rear line of the building and the rear line of the lot for the full width of the lot. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot. RECREATIONAL EQUIPMENT. Duly licensed for recreational equipment, not as a permanent residence and without facilities for public utilities being attached. Any marine equipment or boat trailers shall be considered as recreational equipment. SIDE YARD. A yard on each side of the building between the side wall of the building at the finished grade line and the side line of the lot, extending from the street line of the lot to the rear yard. STREET. A 50-foot right-of-way. TRAILER. A residence, house car or camp car, not structurally anchored to a foundation, propelled by an

4 attached vehicle which is used or may be used for residential, commercial, hauling or storage purposes. TRAILER PARK. Any premises used or intended to be used for parking two or more trailers. TWO-FAMILY DWELLING. A building having one or two front entrances and occupied by two families. ZONING ORDINANCE. Ordinance 417, passed June 4, 1963, as amended, which is codified as this Chapter 153. ('78 Code, ) (Ord. 417, passed ; Ord. 492, passed ; Am. Ord , passed ) INTERPRETATION; GREATER RESTRICTIONS. The provisions of this chapter shall be held to be minimum requirements. This chapter is not intended to repeal, annul or interfere with any existing laws, regulations or restrictions. However, where the provisions of this chapter are greater than the requirements of existing laws, regulations or restrictions, the provisions of this chapter shall control. ('78 Code, ) (Ord. 417, passed ) EFFECT OF CHAPTER. (A) New construction and new uses. After the date of the enactment of this chapter no lot, building or structure shall be used, and no building or structure or part thereof shall be constructed, erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with this chapter. (B) Existing buildings or uses. Any lot, building or structure being used in a manner or for a purpose which does not conform with this chapter such manner of use or purpose may be continued. Renewal or change of title of possession, or right of possession, or lease of any such lot, building or structure shall not prevent the continuation of the nonconforming use. (C) Changes. A nonconforming use may be changed to a more restricted use or to a conforming use. Whenever a nonconforming use has been changed to a more restricted use, such use shall not thereafter be changed to a less restricted use, unless such use shall conform to the zoning for the area. (D) Restoration. Buildings or structures which may be declared unsafe for human habitation by the proper authorities may be strengthened or restored to a safe condition. (E) Pending applications. Building permits for which applications have been filed in the office of the Building Inspector prior to the date of the enactment of this chapter, shall be issued. No change in the plans, construction, size or designated use of any building, structure or part thereof, shall be required. However, such building permits shall be considered void if, within 30 days after the enactment of this chapter, construction has not started. Such construction shall be diligently continued to completion and a certificate of occupancy has been issued for the use for which the building or structure was originally designated. ('78 Code, ) (Ord. 417, passed ) PERMITTED AND SIMILAR USES.

5 No use other than those specifically listed in this chapter shall be permitted in the village excepting those uses which, in the judgment of the Board of Zoning Appeals, are of the same character as those listed for a district. Any use so permitted shall thereafter be regarded as a permitted use. ('78 Code, ) (Ord. 417, passed ) STATUS OF ANNEXED LANDS. (A) Zoned territory. When a part of the unincorporated territory of Clermont County zoned under the provisions of R.C. Chapters 303 or 519 is annexed to the village, the zoning classification for the territory as established in the zoning plan under which the territory was zoned shall remain in force until Council shall either adopt the existing zoning regulations or new regulations for such territory. (B) Unzoned territory. Unzoned lands which may be annexed to the village after the enactment of this chapter shall be classified R-1 Residence District until Council adopts zoning regulations to restrict and regulate the annexed lands. ('78 Code, ) (Ord. 417, passed ) LOTS. (A) Lots or parcels of land recorded before the effective date of this section shall be considered as buildable lots. Lots and parcels of land located in a subdivision recorded in the office of the County Recorder prior to the effective date of this section shall have rear and side yards as required in the recorded plat of the subdivision. If such plat does not specify the area and/or other dimensions of the side and rear yards, or if the lot or parcel of land has been subdivided by metes and bounds, the lot requirements shall be as follows: (1) The sum of the side yard widths of any lot or parcel of land shall be 30% of the width. In no case shall the width of the lot for any one side yard be less than ten feet. (2) The depth of the rear yard shall be 20% of the depth of the lot, but in no case less than ten feet. (B) All lots or parcels of land shall front by their full width on a public street, except that where a lot or parcel of land created before the effective date of this section fronts by its full width on an alley, recorded easement of access or private lane, the lot shall be deemed to front on a public road for the purposes of this chapter. (C) After a permit is issued on a tract of land of the size and area as required by this chapter, no lot shall be resubdivided so as to render it smaller in area; nor shall any strip of such lot be sold to render the lot or parcel of land smaller than required in this chapter. (D) Lots in a subdivision plat which has received final approval by the Planning Commission prior to the effective date of this section shall be considered as lots of record provided the subdivision plat is recorded within 20 days after such date. ('78 Code, ) (Ord. 417, passed ) Penalty, see GASOLINE FILLING STATIONS, PUBLIC GARAGES AND PARKING LOTS. (A) Every lot or parcel of land used as a gasoline filling station shall be paved with asphaltic or concrete

6 surfacing, and shall be adequately drained. (B) No gasoline filling station, commercial customer or employee parking lot for 25 or more motor vehicles, parking garage or automobile repair shop shall have an entrance or exit for vehicles within 100 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut. (C) No gasoline filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps is located within 12 feet of any residence district, except where such appliance or pit is within a building. (D) On all corner lots, all vehicular entrances to, or exits from, and curb openings, shall be set back a minimum of 25 feet from the corner property lines extended, or from the established right-of-way lines as shown on the Official Highway Plan for Clermont County. All curb openings, whether on a corner lot or not, shall not exceed 40 feet in width at the curb line, and 30 feet at the property line. There shall be a minimum of 20 feet measured along the property line between any series of driveways. (E) Paved parking areas in excess of 500 square feet shall be provided with grating and drainage tile to carry off surface water to prevent direct and excessive drainage over sidewalks and streets. ('78 Code, ) (Ord. 417, passed ) Penalty, see EXTRACTION OF MINERALS. (A) No new excavations or quarries, or earth removal for the purpose of removing gravel or other natural products, shall be carried on in any district unless the same is permitted by the Board of Zoning Appeals, subject to such conditions and safeguards as it may determine for the protection of the health, safety and general welfare of the people of the village. (B) The opening of any new excavation or quarry; the removal of earth for the purpose of excavating gravel, or other natural deposits; and the erection of any building or structure for the processing, treating or refining of gravel or other natural deposits, within 300 feet of any district, is hereby declared to be detrimental to the health, morals, safety and general welfare of the people of the village and shall not be permitted. (C) Dumping of refuse or waste matter and the burning of such in existing excavations or quarries shall be prohibited. (D) The following are conditions under which the Board of Zoning Appeals may permit excavation of minerals: (1) All equipment used for the production of rock and gravel shall be constructed, maintained and operated in such manner as to eliminate noise, dust or vibration. (2) No production from an open pit shall be permitted which creates a slope steeper than one foot horizontal to one foot vertical. (3) Property to be used for production shall be enclosed along the exterior boundaries by a fence of the type prescribed by the Board.

7 (4) Whenever production on any property shall have been completed, all plants, buildings, structures except fences, and equipment shall be entirely removed from such property, and all stockpiles shall be removed or back-filled into the pit within one year after such completion. (5) No plant shall be operated except between the hours of 6:00 a.m. and 8:00 p.m., except whenever any reasonable or necessary repairs to equipment are required to be made. (6) No production shall be started nor shall any permit be issued until the Board shall make a written determination with respect to the conditions under which such operation shall be conducted. An application shall be filed with the Board who shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect the surrounding property. (7) Removal of minerals shall not be conducted closer than 300 feet to any road, street or land. ('78 Code, ) (Ord. 417, passed ) Penalty, see PARKING AREAS, AUTOMOBILE AND TRAILER SALES. Every lot or parcel of land used as a public parking area or automobile or trailer sales area shall be paved with minimum four inch thickness stone or asphaltic or concrete surfacing and shall have appropriate bumper guards on sidewalk or street sides. Where such area adjoins a residence district, a four-foot masonry wall or other suitable landscape type screening as approved by the Planning Commission shall be erected along the district boundary. Any lights used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining premises. ('78 Code, ) (Ord. 417, passed ; Ord , passed ) Penalty, see TRAILERS AND TRAILER COURTS. (A) A trailer or mobile home shall not be parked on any lot or parcel of land in any district. A trailer may be stored or parked in an enclosed garage or building. However, no living quarters shall be maintained nor any business conducted while such trailer is parked or stored. (B) Under special extenuating conditions, the Board of Zoning Appeals may permit the temporary parking of a trailer on a lot or parcel of land. The Board may, after careful study of the circumstances involved, authorize the issuance of a permit for such trailer and may impose such conditions as it deems necessary to protect the public welfare. (C) Trailer parks shall not be permitted in any district. (D) Removal of the wheels of an existing trailer, except for repair, or the permanent blocking up of a trailer, or the enclosure of the space beneath the trailer, shall be construed to automatically convert the trailer into a permanent place of abode. Such trailer shall then be subject to the requirements of all ordinances and laws applicable to dwellings. Should a trailer which was located on a lot or parcel of land, at the time of the passage of this chapter, be moved to another location, no other such trailer shall be permitted on the premises. (E) Recreational equipment may not be parked, stored or retained on any street, but shall be parked on a lot or parcel of land to the rear of the building line and not closer than six feet to any property line. ('78 Code, ) (Ord. 417, passed ; Ord. 492, passed ) Penalty, see

8 OFF-STREET PARKING. (A) In order to avoid traffic congestion and to provide for safe circulation of motor vehicles, and for protection and convenience of the general public, the following parking facilities shall be provided: Apartments Automobile sales and service garages Banks and professional offices Bowling alleys Dwellings other than apartments Churches, schools Dance halls or assembly halls Funeral homes Furniture and appliance stores over 1,000 square feet floor area Hospitals Hotels, motels and lodging houses Factories Restaurants or night clubs over 1,000 square feet floor area Retail stores and supermarkets over 2,000 square feet floor area Auditoriums Theaters and assembly halls Wholesale establishments and warehouses 2 parking spaces per unit 50% of floor area 50% of floor area 5 spaces per alley 1 parking space per unit 1 space for each 8 seats in a principal auditorium, or 1 space for each 17 classroom seats, whichever is greater 200% of floor area 4 spaces per parlor 100% of floor area 1 space for each 4 beds 1 space per unit 1 space for each 4 employees 200% of floor area 200% of floor area 1 space for each 6 seats 1 space for each 6 seats 1 space for each 2 employees (B) A parking space shall be considered to be 200 square feet of area, exclusive of interior driveways or driveways for ingress or egress which may connect the parking space with a public street or alley. (C) No open space established as off-street parking in conjunction with a building shall be encroached upon by any other building, nor shall the parking space be reduced in any way. Parking facilities shall be located on the site or conveniently near to the main building to which such parking facilities are appurtenant. At any time that such parking facilities fail to continue available as a general parking area, the permit for the buildings shall be cancelled. (D) Plans for off-street parking facilities shall be approved by the Planning Commission before any permit is issued for the construction of any building. ('78 Code, ) (Ord. 417, passed ; Ord , passed ) Penalty, see

9 PERMITTED USES REVOKED. Any use permitted in any district may be revoked and shall be discontinued where, because of dust, odor, smoke, gas, noise, fumes, flame, vibration, unsanitary conditions, structural defects the use becomes a health hazard or a threat to the safety and general welfare of the neighborhood. ('78 Code, ) (Ord. 417, passed ) JUNK AND AUTO WRECKING YARDS PROHIBITED. Junk yards and automobile wrecking yards are prohibited in any district. ('78 Code, ) (Ord. 417, passed ) Penalty, see ACCESSORY BUILDINGS. A detached garage, fallout shelter, tool house, storage shed or similar buildings which are subordinate to a main building and their use is incidental to that of the main building. All accessory buildings shall be one story or 15 feet in height. Accessory buildings shall not exceed more than 25% of the rear yard area. No accessory building shall be constructed closer than ten feet to any lot line. No building or structure, such as a child's play house, which is not anchored to the ground by a foundation shall be considered to be an accessory building. ('78 Code, ) (Ord. 417, passed ) FALLOUT SHELTERS. (A) Fallout shelters will be permitted as a principal or accessory use in any district. Such shelters may contain, or be contained, in other structures, or may be constructed separately, and may be used for any principal use or accessory use permitted in the district. The yard requirements of the district shall be observed. (B) The Board of Zoning Appeals may permit construction of joint shelters by property owners. In that case, the Board may waive the side and rear yard requirements on the properties directly involved in the construction of the joint shelter to the extent necessary to permit practical and efficient location and construction. Where property involved in the joint proposal abuts property not included in the proposal, the side and rear yard requirements shall be met. (C) The Board may permit a fallout shelter to be used also for other purposes permissible in the district in which the shelter is located, provided that: (1) The general requirements of this chapter concerning the granting of special exceptions are satisfied; (2) The use other than as a shelter is compatible with the shelter proposed; and (3) The function as a shelter would not be materially impaired by the proposed use. ('78 Code, ) (Ord. 417, passed ) EXCEPTION TO YARD REQUIREMENTS.

10 (A) General. Cornices, eaves, sills and canopies, chimneys, fire escapes, unenclosed porches, terraces, bay windows, balconies and platforms may project five feet into any yard, provided that any such projection shall not extend beyond eight feet from any lot line. (B) Front yard. Where the frontage upon the same side of the street within the same block is occupied 40% or more by buildings with front yards, some or all of which are of less depth than required in this chapter, the average setback shall be taken in lieu of the setback established for the district. (C) Side yard. Carports may be constructed to within five feet of the side lot line. Cornices, eaves, sills, canopies, chimneys, fire escapes, unenclosed porches, terraces, bay windows, balconies and platforms may project five feet into any yard, provided any such projection shall be not less than eight feet from any lot line. (D) Sloping lot. Where the elevation of the ground at a point 50 feet from the front lot line of a lot and midway between the side lot lines differs ten feet or more from the curb level, the front yard need not exceed 50% of that required in the district. ('78 Code, ) (Ord. 417, passed ) MAXIMUM DWELLING UNITS PER ACRE. There shall be no more than eight dwelling units per acre. (Ord , passed ) Penalty, see MINIMUM FLOOR AREA FOR MULTIPLE-FAMILY DWELLINGS. Each unit of a multiple-family dwelling unit shall have a minimum of 700 square feet of net living floor area as follows: (A) A one bedroom dwelling unit shall have a minimum of 700 square feet of net living floor area. (B) A two bedroom dwelling unit shall have a minimum of 850 square feet of net living floor area. (C) A three bedroom dwelling unit shall have a minimum of 1050 square feet of net living floor area. (Ord , passed ) Penalty, see MULTIPLE-FAMILY DWELLINGS WITH EFFICIENCY UNITS PROHIBITED. Multi-family dwellings with efficiency units are not to be permitted. (Ord , passed ) Penalty, see GREEN SPACE REQUIREMENTS FOR MULTI-FAMILY DWELLING UNITS. Ten square feet of playground, park, or green space is required for each bedroom in a multi-family dwelling unit. (Ord , passed ) Penalty, see

11 SIGNS PURPOSES. Sign regulations, including provisions to control the type, design, size, location, motion, illumination and maintenance thereof, are established in order to achieve, among others, the following purposes: (A) To maintain high value residential districts and promote attractive public facilities, by permitting only nameplate, bulletin boards and signs related to the development rental or sale of properties in such districts. (B) To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in business and industrial districts by relating the size, type and design of signs to the type and size of establishments. (C) To eliminate any conflict between advertising signs and traffic-control signs which would be hazardous to the safety of the motoring public or the pedestrian. (D) To promote the most desirable developments and economic activity in accordance with the general plan of land use in the village. ('78 Code, ) (Ord , passed ) Statutory reference: Power to regulate, see R.C (A), COMPLIANCE REQUIRED. (A) Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location and other provisions set forth in this chapter. (B) The display of official public notices, public seasonal decorations and the flag, emblem or insignia of an official government body shall not be governed by the provisions of these regulations. (C) Signs announcing local fairs, carnivals, festivals and socials or similar activities may be authorized by the Mayor or the Zoning Inspector, provided they are removed within 24 hours after the expiration of such event, and are not otherwise governed by the provisions of this chapter. ('78 Code, ) (Ord , passed ) DEFINITION AND STRUCTURAL CLASSIFICATION. (A) A SIGN means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly on a structure. (B) The structural types of signs identified in this chapter are as follows: (1) WALL or PANEL SIGN. A sign integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall and projecting not more than 18 inches therefrom.

12 (2) PROJECTING SIGN. A sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom. (3) CANOPY SIGN. A sign attached to the soffit or fascia of a canopy, of a covered entrance or walkway, or to a permanent awning or marquee. (4) POLE SIGN. A sign which is supported wholly by a pole or poles and designed so as to permit pedestrian or vehicular traffic thereunder. (5) GROUND SIGN. A freestanding sign which may be supported by posts or braces in or upon the ground or a sign affixed to a freestanding structure of any type. door. (6) WINDOW SIGN. A sign painted on, attached to or displayed immediately behind a window or (7) TEMPORARY SIGN. A sign that is portable in nature, easily moved, and advertising the product being sold or manufactured on the premises. ('78 Code, ) (Ord , passed ) OUTDOOR ADVERTISING. Outdoor advertising consisting of logo signs, billboards or posters shall be prohibited. Signs which advertise products and give secondary mention to a business enterprise, for example Coca Cola type signs, are prohibited. Advertisement of any business or product other than the business name conducted within or upon the structure is prohibited. ('78 Code, ) (Ord , passed ) Penalty, see MEASUREMENT STANDARDS. (A) Signs are regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of the building unit to which the sign is accessory. (B) The gross area of signs for a building or use shall include all the surfaces visible from a public way and shall be measured as the area enclosed by one rectangle, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure if such structure does not form a part of the advertisement of the sign proper. (C) The area of a sign composed of characters or words attached directly to a large, uniform building wall surface shall be the smallest rectangle which encloses the entire group. (D) Whenever the gross area of the signs are related to the size of the building or lot the following shall apply. The frontage of a building shall be the width of the facade of the building, store, service or office unit which faces the principal street. The frontage of a lot not occupied by a shall be the number of lineal feet the lot abuts on the principal street.

13 (E) For a corner building and lot, 50% of the building or lot depth facing the side street shall be included in the frontage width factor. ('78 Code, ) (Ord , passed ) DESIGN STANDARDS. Signs permitted herein shall be designed, constructed and installed in accordance with the standards set forth below, and also shall comply with all applicable building code provisions. (A) Wall or panel signs shall not project more than 18 inches from the building wall to which it is attached and shall be set back from the end of the building and party wall lines for a distance of at least three feet, and shall not project above the coping or eaves of the building on which it is placed. (B) Projecting signs may be attached to the wall of the building and project at an angle of approximately 90 degrees for a distance of not more than seven feet from a party wall or property line and the lowest member of a projecting sign shall be at least ten feet above a public sidewalk and 15 feet above a driveway. All projecting signs shall be rigidly fastened to allow no movement. No projecting sign shall encroach on that portion of the public right-of-way used for vehicular traffic. (C) Canopies constructed primarily for the purpose of displaying a sign shall be constructed so that the lowest member of the canopy is not less than eight feet above the sidewalk, and no portion of the canopy can be closer than five feet from the party wall or side property line. In addition the canopy shall comply with all applicable building code provisions. (D) Pole signs shall not exceed 30 feet in height, shall not be located closer than 30 feet to an adjoining lot, and shall not exceed 200 square feet of gross area. The lowest member shall not be lower than 15 feet, and the base supports shall not be closer than ten feet to the curb line of the street. (E) Ground signs shall not exceed six feet in height. (F) Signs of every type shall be erected so that they do not interfere with pedestrian or vehicular traffic. No sign shall overhang the curb line of any street. All signs shall be positioned so that a clear line of sight exists along all public ways and so that traffic-control lights, street name signs at intersections and other traffic control devices are visible. The content, coloring or manner of illumination shall not resemble highway or traffic control signs. (G) No signs shall be comprised of flashing or moving illumination. All signs shall be completely stationary with no moving parts. Streamers, spinners and other such devices for attracting attention to a business or industry are prohibited. ('78 Code, ) (Ord , passed ) Penalty, see ILLUMINATION. (A) In residential districts only bulletin boards may be illuminated, and in business and industrial districts all signs may be illuminated. (B) Any permitted illuminated sign shall be internally illuminated or by reflected incandescent light of constant intensity, and no sign shall be illuminated by external neon light or contain flashing, intermittent,

14 rotating or moving light or lights. (C) Light sources to illuminate signs shall not be of such brightness, or directed in such a manner, to cause glare hazardous to pedestrian or automobile drivers or so a as to cause reasonable objection from adjacent residential districts. ('78 Code, ) (Ord , passed ) Penalty, see SIGNS IN RESIDENTIAL DISTRICTS. The types of signs permitted as to use, structure, size and number of each dwelling, unit or lot shall be regulated as follows: (A) One nameplate not to exceed two square feet in area indicating an occupant's name, house number and permitted occupation, or the name of the apartment, club, lodge or organization located therein. (B) One temporary real estate sign advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, not to exceed ten square feet or four feet in height. (C) One temporary sign placed upon the building or premises under construction to designate the contractor, architect, owner and/or proposed use, not to exceed 50 square feet. (D) One bulletin board or announcement sign may be located on the premises of a public, charitable or religious institution not to exceed 20 square feet. (E) Directional, warning and informational signs not to exceed two square feet. (F) Structural types permitted shall be limited to wall, panel and ground signs. ('78 Code, ) (Ord , passed ) Penalty, see SIGNS IN B-1 AND B-2 BUSINESS AND I INDUSTRIAL DISTRICTS. The types of signs permitted as to use, structure, size and number for each building, unit or lot shall be regulated as follows: (A) The maximum gross area of all permanent signs permitted for each separate use occupying a building, unit of a building or lot not occupied by a building shall be related to the width of the building, unit thereof or lot not occupied by a building, within limitations set for specific types of signs. The maximum gross area of signs shall not exceed two square feet multiplied by the frontage of the building, unit thereof or lot not occupied by a building. (B) Signs shall direct attention to the business or industry of the establishment, goods sold, goods manufactured or services rendered on the premises. (C) Professional nameplates and identification signs. (D) One temporary real estate sign advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, not to exceed ten square feet.

15 (E) One temporary sign placed upon the building or premises under construction to designate the contractor, architect, owner and/or proposed use, not to exceed 50 square feet. (F) One bulletin board or announcement sign may be located on the premises of a public, charitable or religious institution, not to exceed 20 square feet. (G) Structural types permitted in business and industrial districts shall be limited to wall or panel, projecting, canopy, pole, ground and window signs. (H) A single wall sign shall not exceed 200 square feet. (I) Projecting signs shall be limited to not more than one for each establishment or store unit and shall not exceed 24 square feet in total area for each face visible from any location on a public way. (J) Pole signs are limited to not more than one for each independent store unit and group of stores developed as a unit. (K) Directional, warning and informational signs not exceeding two square feet for each such sign. (L) Political signs as regulated in (E). (M) No temporary sign shall be permitted to encroach upon the public right of way, or placed within 40 feet of an R-1 District. A permit may be used for one year at a time, renewable yearly and, may during such period of time may be used, taken down or reinstalled at the discretion of the business person. ('78 Code, ) (Ord , passed ) Penalty, see SIGNS IN FLOOD PLAIN DISTRICT. The following signs shall be permitted in the F Flood Plain District. (A) Signs as are permitted in the residential districts. (B) Warning signs such as no hunting, no trespassing, no dumping, keep off grass or signs of similar nature. (C) Sign announcing wildlife preserve. (D) Fire prevention signs. ('78 Code, ) (Ord , passed ) SPECIAL EXCEPTION FOR CERTAIN BUSINESSES. Due to the special requirements of certain business enterprises for the utilization of large land areas in addition to the buildings occupied, the following named enterprises are granted the privilege to display two times the gross sign area otherwise provided in this chapter, provided that design standards and limitations are adhered to:

16 (A) Gasoline stations. (B) Automobile dealerships. (C) Lumber and supply companies. ('78 Code, ) (Ord , passed ) Penalty, see MAINTENANCE OF SIGNS. All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they were intended, or which have been abandoned or are not maintained in accordance with this chapter shall be removed by the latest permit holder or the village at the expense of such permit holder. ('78 Code, ) (Ord , passed ) Penalty, see NONCONFORMING SIGNS. (A) A sign conforming as to the regulations prevailing on the effective date of this section but which does not conform with the regulations of this or any subsequent amendment shall be construed as a legal nonconforming sign. (B) Nonconforming signs may be maintained and structural parts repaired or restored to a safe condition if required and if a permit is issued. Altering or changing the advertising message by repainting or replacing portions of the sign shall result in the nonconforming status being lost. Any sign or part thereof which has been taken down shall not be rebuilt, reerected or relocated unless it is made to comply with the provisions of this chapter or the building code. Signs may be repaired or replaced if blown down or otherwise damaged or destroyed. ('78 Code, ) (Ord , passed ) Penalty, see APPLICATION FOR PERMITS. (A) Application for a permit to erect, place, paint, illuminate or alter a sign shall be made by the owner or lessee of the property for which a sign is proposed. The application shall be submitted to the Zoning Inspector on forms furnished by the village. The fee for a sign permit shall be established by separate ordinance. (B) A permit shall be required for all signs located in business and industrial districts, with the exception of window signs. (C) No permit shall be required for signs located in residential and flood plain districts. (D) Each application shall be accompanied by drawings to scale showing the following: (1) The proposed sign design and layout, including the total area, size, height, character and construction materials.

17 (2) The exact sign location in relation to the building and property, rights-of-way, sidewalks, curbs and roadways. (3) Details and specifications for construction, erection and attachment. (4) For illuminated signs, the number and types of lamps and lens material, and a statement in writing that the illumination of such sign shall meet the provisions of this chapter. ('78 Code, ) (Ord , passed ) Penalty, see REMOVAL OF SIGNS. Whenever the removal or maintenance of any sign has been ordered in writing by the Zoning Inspector, the person, firm or corporation who erected such a sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain such sign within 48 hours after receiving such notice. In the event of noncompliance, the Zoning Inspector may remove or cause to be removed or maintain such sign at the expense of the person, firm or corporation who erected such sign or on whose premises it was erected, affixed or attached. Such person, firm or corporation shall be jointly and severally liable for the expense incurred in the removal or maintenance of such a sign. This provision shall be in addition to criminal prosecution provided for herein. ('78 Code, ) (Ord , passed ) Penalty, see SIGN PERMIT FEES. The fee for a sign permit shall be as provided for in of the codified ordinances or as otherwise established by Council. ('78 Code, ) (Ord , passed ) DISTRICTS AND MAPS DIVISION OF VILLAGE INTO DISTRICTS. The village is hereby divided into the following districts or zones: R-1 Residence District. B-1 Neighborhood Business District. B-2 General Business District. S-1 Neighborhood Service District I Industrial District. F Flood Plain District. ('78 Code, ) (Ord. 417, passed ) Statutory reference: Basis of districts, see R.C

18 DISTRICT MAP REFLECTS BOUNDARIES. The boundaries of the districts or zones are as shown on the District Map of Batavia. The map is made a part of this chapter. ('78 Code, ) (Ord. 417, passed ) INTENTION OF BOUNDARY LINES. (A) District or zone boundaries are intended to follow lot lines, the centerline of streets or alleys, the projections of the centerlines of streets or alleys, corporation lines, shore lines, railroad rights-of-way; all as were in existence at the time of the enactment of this chapter. (B) Whenever there may be doubt as to the location of a district boundary, the matter shall be resolved by the Board of Zoning Appeals. ('78 Code, ) (Ord. 417, passed ) SPLIT LOTS. When a district line divides a lot held in single ownership and recorded before the enactment of this zoning ordinance, the regulations applicable in the district in which the larger portion of the lot is located shall apply to the smaller portion of the lot. ('78 Code, ) (Ord. 417, passed ) SPECIFIC DISTRICT REGULATIONS R-1 RESIDENCE DISTRICT. (A) Permitted uses. Only the following uses and those special uses named in this chapter which may be permitted by the Planning Commission shall be permitted in the R-1 Residence District: (1) Single-family dwellings. (2) Churches, schools, colleges and libraries. (3) Noncommercial recreation areas; including neighborhood park or playground, swimming pool, forest or wildlife preserve. (4) Temporary buildings or trailers required for construction purposes for a period not to exceed one year. (5) Residential business; whereby a resident of the structure may conduct a business by means of telephone and/or mail. No outward or visible indication of a business may appear. (a) Purpose. It is the purpose of this section of this chapter to promote the public health, safety and welfare through the regulation of home occupations. It is further the intent of this section to

19 allow limited nonresidential uses in residential structures which are compatible with the residential character of their surroundings. (b) Definition. HOME OCCUPATION means an accessory use which is an activity, profession, occupation, service, craft or revenue enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, tax consulting and the like shall involve not more than one receiver of such service at any one time, with the exception of certified or uncertified Type B Family Day-Care Home which constitutes a residential use and not an accessory use. (c) Home occupation as a permitted use. A home occupation shall be a permitted use if it complies with the following requirements: shall not be altered. 1. The external appearance of the structure in which the use is conducted 2. No internal or external alterations, construction or reconstruction of the premises to accommodate the use shall be permitted. 3. There shall be no outside storage of any kind related to the use and only commodities produced on the premises may be sold on the premises; no display of products may be visible from the street. 4. Not more than 25% of the gross floor area of the dwelling shall be devoted to the use. 5. No equipment, process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances. 6. No additional parking demand shall be created. 7. No person who is not a resident of the premises may participate in the home occupation as an employee or volunteer. (6) Two-family and multi-family dwellings; when approved by the Planning Commission. When a request for this type of structure is received, the Planning Commission shall review the request to insure compliance with all applicable zoning requirements and determine the impact the proposal may have on the character of the neighborhood. The Planning Commission may approve or disapprove the project based on this determination. ('78 Code, ) (B) Lot width and area. (1) The width of any lot or parcel of land for single-family residence use shall be not less than 66 feet measured at the building line. The area of any lot or parcel of land shall be not less than 8,500 square feet. (2) The width of a lot for two-family residence use shall be not less than 66 feet measured at the building line. The area of such lot shall be not less than 10,000 square feet.

20 (3) The width of a lot for multiple-family residence use shall be not less than 100 feet measured at the building line. The area of such lot shall be not less than 15,000 square feet. ('78 Code, ) (C) Yards. (1) Front. There shall be a front yard 30 feet in depth measured from the right-of-way line to the front wall of the building. The front yard shall be the open space extending across the full width of the lot and lying between the right-of-way line and the front wall of the building. The right-of-way of a street or road shall be deemed to be 50 feet. (2) Side. There shall be two side yards each with a minimum of ten feet in width. The side yard shall be the unoccupied space between the side lot line and the nearest line of the building. The width of the side yard shall be the minimum distance between the building and the side lot line, measured at right angles to the side lot line. (3) Rear. There shall be a rear yard 40 feet in depth. The rear yard shall be that yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. The depth of the rear yard shall be the minimum distance between the building and the rear lot line measured at right angles to the rear lot line. ('78 Code, ) (Ord , passed ) Penalty, see S-1 NEIGHBORHOOD SERVICE DISTRICT. (A) Purpose. The purpose of this section is to create a transitional zone between the neighborhood business district and the residential district of the community; to protect and preserve property, to promote stability of property values, and to protect real estate from impairment or destruction of value for the general community welfare. ('78 Code, ) (B) Permitted uses. Only the following uses and those special uses named in this chapter which may be permitted by the Planning Commission shall be permitted in the S-1 Neighborhood Service District. (1) All permitted uses as regulated in the R-1 Residential District. (2) Colleges and libraries. (3) Buildings owned by the village, township, county, state or federal government. (4) Professional or service oriented offices. (5) Religious and charitable institutions, not including penal or correctional institutions. (6) No signs will be internally or externally illuminated; no sign shall exceed 12 square feet of display per side, no sign shall display more than two sides, yard signs will not exceed a height of four feet and shall be anchored with posts set in concrete below ground level, no temporary signs, banners, streamers or other signs of a temporary nature are permitted. All other requirements as defined in through

21 (7) Use of new or existing structures within this district shall provide parking on site. No parking shall be permitted to the front of the building line as defined as front yard. The established parking area must be landscaped or otherwise hidden from view. ('78 Code, ) (C) Lot width and area. (1) The width of any lot or parcel of land for other than residential uses within the S-1 District shall be not less than 66 feet measured at the building line. The area of any lot or parcel of land shall be not less than 10,000 square feet for any new structures or existing lot and structure as long as it conforms to parking requirements in this district. (2) All residential uses permitted in the S-1 District shall comply with the lot width and area requirements as defined in (B). (D) Yards. (1) Front. There shall be a front yard 20 feet in depth measured from the right-of-way line to the front of the building. The front yard shall be the open space extending across the full width of the lot and lying between the right-of-way line and the front wall of the structure. Unless otherwise provided, the right-of-way of any street or road shall be deemed to be 50 feet (25 feet each side of center). (2) Side. There shall be two side yards each with a minimum of ten feet in width. The side yard shall be unoccupied space between the side lot line and the nearest line of the building. The width of the side yard shall be the minimum distance between the building and the side lot line, measured at right angles to the side lot line. Driveways are not considered as an infringement to the requirement of unoccupied space within the S-1 District. (3) Rear. There shall be a rear yard of 40 feet in depth. The rear yard shall be that space extending the full width of the lot and lying between the rear lot line and the nearest line of the building. The depth of the rear yard shall be the minimum distance between the building and the rear lot line measured at right angles to the rear lot line. ('78 Code, ) (Ord , passed ) Penalty, see B-1 NEIGHBORHOOD BUSINESS DISTRICT. (A) Enclosure of uses. All uses permitted, except gas stations, parking lots, parks, playgrounds, forest, or wildlife preserve, shall be conducted wholly within an enclosed building. ('78 Code, ) (B) Permitted uses. Only the following uses, and the special uses named in this chapter which may be permitted by the Planning Commission, shall be permitted in the B-1 Neighborhood Business District: (1) Single-family dwelling, two-family dwelling and multi-family dwelling, as regulated in the R-1 Residence District. (2) All permitted uses as regulated in the S-1 Neighborhood Service District. (3) Hotel, motel, rooming house or living quarters in a business establishment. (4) Restaurant, cafe, soda fountain, lunchroom or bowling alley.