Loading...
(a) Purpose and Applicability. The purpose of this section is to ensure that all exterior site and building lighting shall not affect the reasonable use and enjoyment of adjacent properties but provide minimum levels to enhance safety of individuals and property. Lighting standards shall also protect the safety and operation of vehicles on the public rights-of-way from levels of illumination that are emitted or reflected from light sources of an intensity sufficiently to constitute a safety hazard to vehicular movement. Lighting standards shall apply to all lots except those developed with single- family or two-family dwellings.
(b) Exterior Lighting Regulations. Exterior site lighting shall be designed, located, constructed and maintained to minimize light and reflected light trespass and spill over off the subject property. Glare shall be minimized from all light sources.
(1) The average horizontal illumination level on the ground shall not exceed three (3) footcandles. The light level along a property line adjacent to a residentially-zoned or used property shall not exceed an average intensity of one-half (½) footcandle.
(2) The height of parking lot lighting shall not exceed twenty (20) feet above grade and shall direct light downward, i.e. cut-off type fixtures. In conjunction with a major site plan review, the Planning Commission may require a lower standard based upon specific characteristics of the site.
(3) The color of parking lot lighting poles and other lighting infrastructure shall match or complement the colors of the building’s architecture, as approved by the Planning Commission.
(4) For pedestrian areas, decorative low light fixtures shall be used and the height of the fixture shall not exceed fourteen (14) feet above grade.
(5) Exterior building illumination shall be from concealed sources. Strobe or flashing lights and exposed neon lights are not permitted. Lighting fixtures shall not generate excessive light levels, cause glare, or direct light beyond the facades onto neighboring property, streets, or the night sky. The maximum illumination of any vertical surface or angular roof surface shall not exceed four (4) footcandles.
(6) Security lighting shall be full, cut-off type fixtures, shielded and aimed so that illumination is directed to the designated areas with the lowest possible illumination level to effectively allow surveillance.
(7) Lighting fixtures used to illuminate the area below a freestanding canopy shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy. However, indirect lighting may be used where a shielded source of light is beamed upward and then reflected down from the underside of the canopy.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
SUMMARY OF PERMITTED FENCE MATERIALS | ||||||||
DISTRICT/ZONE | LUMBER | VINYL | WROUGHT -IRON | STONE | BRICK | CHAIN LINK | METAL | BARBE D -WIRE |
SUMMARY OF PERMITTED FENCE MATERIALS | ||||||||
DISTRICT/ZONE | LUMBER | VINYL | WROUGHT -IRON | STONE | BRICK | CHAIN LINK | METAL | BARBE D -WIRE |
ORD-N | X | X | X | X | X | |||
ORD-C | X | X | X | X | X | |||
BMD | X | X | X | X | X | |||
EMD | X | X | X | X | X | |||
Community Commercial (CC) | X | X | X | X | X | |||
Residential Zones (SR and RM) | X | X | X | X | X | XR | ||
Innovation Zone (I) | X | X | X | X | X | X | X | XA |
Open Space/ Schools Zone (OS) | X | X | X | X | X | |||
(a) Fences. The following regulations shall apply to the location of fences in the front, side, and rear yards of properties located in the City of Reynoldsburg.
(1) Fences in Olde Reynoldsburg Neighborhood District. The following regulations shall govern fences located upon properties in the Olde Reynoldsburg Neighborhood District:
A. Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.
B. Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.
C. Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
SUMMARY OF FENCE HEIGHT, SETBACKS AND OPACITY | ||||||
FRONT AND CORNER YARD FENCES | REAR AND SIDE YARD FENCES |
SUMMARY OF FENCE HEIGHT, SETBACKS AND OPACITY | ||||||
FRONT AND CORNER YARD FENCES | REAR AND SIDE YARD FENCES | |||||
DISTRICT/ZONE | MAX. HEIGHT | MINIMUM SETBACK | MAXIMU M OPACITY | MAX. HEIGHT | MINIMUM SETBACK | MAXIMU M OPACITY |
ORD-N | 4 ft. | 3 ft. from ROW | 50% | 6 ft. | 0 ft. from property line | 100% |
ORD-C | 4 ft. | 3 ft. from ROW | 50% | 4 ft. | 0 ft. from property line | 100% |
BMD | 4 ft. | 3 ft. from ROW | 50% | 4 ft. | 0 ft. from property line | 100% |
EMD | 4 ft. | 3 ft. from ROW | 50% | 4 ft. | 0 ft. from property line | 100% |
Community Commercial (CC) | 4 ft. | 3 ft. from ROW | 50% | 4 ft. | 0 ft. from property line | 100% |
Residential Zones (SR and RM) | 4 ft. | 3 ft. from ROW | 50% | 6 ft. | 0 ft. from property line | 100% |
Innovation Zone (I) | 4 ft. | 3 ft. from ROW | 50% | 10 ft. | 0 ft. from property line | 100% |
Open Space/ Schools Zone (OS) | 4 ft. | 5 ft. from ROW | 50% | 10 ft. | 0 ft. from property line | 100% |
D. Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than six (6) feet.
E. Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.
F. Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.
G. Fence materials. Fences in residential districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(2) Fences in residential districts. The following regulations shall govern fences located upon properties in residential zoning districts:
A. Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.
B. Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.
C. Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
D. Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than six (6) feet.
E. Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.
F. Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.
G. Fence materials. Fences in residential districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, stone and chain-link (rear yard only). All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(3) Fences in commercial and mixed-use zones and districts. The following regulations shall govern fences located upon properties in commercial and mixed-use zones and districts:
A. Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.
B. Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.
C. Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
D. Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than eight (8) feet.
E. Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.
F. Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.
G. Fence materials. Fences in mixed-use districts shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(4) Fences in Innovation Zone. The following regulations shall govern fences located upon properties in the Innovation Zone:
A. Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.
B. Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than three (3) feet.
C. Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
D. Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than ten (10) feet.
E. Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.
F. Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of one hundred (100) percent.
G. Fence materials. Fences in the Innovation Zone shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same. Metal, non-chain-link, fences are permitted in the Innovation Zone.
H. Barb-wire fences—Innovation Zone. Fences containing barbs may be erected as rear fences to secure properties in the Innovation Zone. The Planning and Zoning Administrator shall only grant a fence permit for a fence of this type after determining that the nature and location of the fence is not a danger to the public or intended to injure persons engaged in lawful activity.
(5) Fences in the Open Space/Schools Zone. The following regulations shall govern fences located upon properties in the Open Space/Schools Zone:
A. Front and corner yard fences—height. Between the front setback line for structures and the front facade of the principal structure, fences shall be no higher than four (4) feet.
B. Front and corner yard fences—setback. Front and corner yard fences shall be no closer to the right-of-way than five (5) feet.
C. Front and corner yard fences—opacity. Front and corner yard fences shall be constructed of an open design, which is defined as at least fifty (50) percent open. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
D. Rear and side yard fences—height. Between the rear setback line or side setback line for structures and the rear façade or side of the principal structure, fences shall be no higher than ten (10) feet.
E. Rear and side yard fences—setback. Rear and side yard fences shall be placed on the property line of the subject property.
F. Rear and side yard fences—opacity. Rear and side yard fences may be constructed of materials with a maximum opacity of fifty (50) percent.
G. Fence materials. Fences in the Open Space/Schools Zone shall be constructed of materials that match or compliment any existing structures on a lot. This includes but is not limited to, painted or treated lumber, vinyl, wrought iron, painted aluminum, brick, and stone. All lumber fences shall be constructed so that the finished boards hide the vertical and horizontal posts when viewed from adjacent lots unless the fence is constructed in such a manner that the finished look of both sides of the fence is the same.
(b) Temporary Fences. Temporary fences may be constructed without a permit for the following reasons:
(1) As required due to an unsafe building, right-of-way or utility maintenance emergency.
(2) A construction fence in conjunction with a site that has active building permits.
(3) In conjunction with an approved temporary special land use permit or any special event approved through the Parks and Recreation Department. Temporary fences of this nature may only be maintained for the length of the approved permit or through the duration of the special event.
(4) Temporary horticultural fences are permitted as temporary fences within the area designated for rear fences. Temporary horticultural fences shall be of an open design, shall not exceed four (4) feet in height, and not enclose an area larger than five hundred (500) square feet.
(5) Temporary fences may be constructed of materials or in a manner not consistent with the provisions of this chapter, but shall not be constructed in a manner designed to cause a hazard to public safety.
(6) In the event a temporary fence exists for a period of thirty (30) days or more, and the Planning and Zoning Administrator determines that it is a hazard to public safety, the Planning and Zoning Administrator may require a fence permit or that the fence comply with any provision of this chapter.
(c) Generally Applicable Fence Regulations.
(1) All fences, unless specifically exempt by this chapter, shall require a fence permit from the Planning and Zoning Administrator. No fence shall be erected, constructed, altered, relocated or rebuilt prior to obtaining a fence permit. An existing fence that requires new vertical posts to be set shall be considered an altered fence, and subject to a new permit. For the purposes of this chapter, a fence permit shall have the same effect as a zoning certificate in proving conformance with the Zoning Code.
(2) Fences shall only be constructed in conformance with the provisions of this chapter and of the fence permit issued by the Planning and Zoning Administrator.
(3) No fence shall be installed in a manner or location which obstructs or alters the drainage of the lot on which it is located or of any abutting lot. All fences that are constructed abutting or across drainage easements shall be subject to the following additional regulations:
A. Shadow box fences and fences of an open design, which is defined as at least fifty (50) percent open will be the preferred fence styles. For picket fences, the distance between pickets shall be no less than the width of the pickets themselves.
B. Privacy fences shall provide a gap between the vertical boards and the ground of no less than two (2) inches.
(4) Fences may be inspected for compliance with the provisions of this Zoning Code. If any fence is installed, erected, constructed or maintained in violation of any of the provisions of this chapter, the Planning and Zoning Administrator may notify the owner or lessee of the fence in question to repair or replace the fence so as to comply with this chapter or to remove it.
(5) No fence shall be constructed of materials such as highway guardrails, corrugated metal, metal wire or plastic mesh, or other such materials that are not designed for use as fencing material or are not sufficiently weather resistant and durable.
(6) No fence shall be constructed which is electrically charged, includes any material which is potentially hazardous such as spikes or barbed wire, or is otherwise designed to injure except as provided for in this chapter.
(7) Chain-link fences may not be utilized as a means of support for wooden privacy fences.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
(a) Temporary Land Use. The Planning and Zoning Administrator shall have the power to grant permits authorizing temporary special land uses for the following types of temporary sales: tent sales, sidewalk sales, or seasonal sales of produce, plants, firewood, or Christmas trees.
(1) Zoning districts where permitted. Temporary special land uses for tent sales, sidewalk sales, or seasonal sales of produce, plants, firewood, or Christmas trees shall only be permitted in the Community Commercial Zone (CC), the Brice & East Main Street District (BMD) and the East Main Street District (EMD).
(2) Application and fee. Every person, firm or corporation desiring to obtain a temporary special land use permit, as required by this section, shall file an application with the Planning and Zoning Administrator together with an application fee. The application for a temporary special land use permit shall be accompanied by plans and specifications as required by the Planning and Zoning Administrator. This includes but is not limited to, plans that show the following:
A. The shape, location, and dimensions of the lot, including the shape, size, location, and use of all buildings or other structures already on the lot, and the off-street parking layout.
B. The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands or display racks.
C. The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking space, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.
(3) Time limitations.
A. A temporary special use permit for a tent or sidewalk sale shall be effective for no longer than seven (7) days. No more than three (3) temporary special land use permits for tent sales or sidewalk sales shall be issued for a given location within a single calendar year. Temporary special use permits for tent sales or sidewalk sales shall not be issued for any given location for consecutive time periods except in the Olde Reynoldsburg Commercial District, the Brice and East Main Street District, and the East Main Street District.
B. A temporary special land use permit for the sale of Christmas trees shall be effective for no longer than thirty (30) days. No more than one (1) temporary special land use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.
C. A temporary special use permit for seasonal sales of produce, plants, or firewood shall be effective for a period no longer than ninety (90) days. No more than one (1) temporary special land use permit for seasonal sales of produce, plants, or firewood shall be issued for any given location within a single calendar year.
D. The Planning and Zoning Administrator or the Board of Zoning and Building Appeals shall have the power to vary these periods and add other conditions to an approved permit as deemed necessary by the Planning and Zoning Administrator or the Board in order to further the goals and principles of the Zoning Code.
(4) Regulations. A temporary special use permit shall only be granted if the Planning and Zoning Administrator determines that the proposed use, including the erection of any temporary building or structure, will:
A. Provide adequate light and ventilation between buildings and structures.
B. Provide adequate automobile and pedestrian traffic flow.
C. Provide adequate off-street parking.
D. Will meet the intent of the Zoning Code or otherwise not interfere with the protection of public health, safety, and general welfare.
E. Not be incompatible with, or otherwise adversely affect, the physical character of the community and, in particular, the surrounding area within a distance of one thousand (1,000) feet.
F. No temporary special use shall be permitted if it reduces the parking on a lot by greater than twenty-five (25) percent.
(5) Vacant lots. When the proposed temporary special use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district.
(6) Accessory structures. Tents and other temporary structures are subject to building permits and other regulation by the Building Division.
(7) Variance. The Planning and Zoning Administrator or the Board of Zoning and Building Appeals shall have the power to vary the time periods of and add other conditions to an approved permit as deemed necessary by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals in order to further the intent of the Zoning Code or otherwise protect the public health, safety, and general welfare.
(b) Special Events and Community Activities. The following regulations apply to the approval and operation of special events and community activities.
(1) Exceptions. A temporary special land use permit shall not be required for special event or community activity permitted or organized through the Parks and Recreation Department or Public Safety Department.
(2) Exceptions—open space districts. A temporary special land use permit shall not be required for a special event or community activity associated with a permitted semi-public use in Open Space/Schools District provided that the special event or festival meets the following conditions:
A. The special event or festival takes place entirely on the lot or parcel associated with the existing approved semi-public use.
B. The special event or festival is no longer than three (3) consecutive days and that there are no more than two (2) such events or festivals at a given location within a calendar year.
(3) Exceptions—non-profit or charitable organizations. A temporary special land use permit shall not be required for a special event or community activity conducted on a commercial parcel that is organized by a non-profit or charitable organization. No more than two (2) such events shall be conducted by the same organization at the same location within a calendar year.
(4) Applicability. Except as otherwise provided herein, the Planning and Zoning Administrator may require temporary special land use permit for any other type of special event.
(5) Accessory structures. Tents and other temporary structures for festivals and special events are subject to building permits and other regulation by the Building Division.
(c) Regulations Applicable to Swimming Pools, Fish Ponds, and Water Parks. A swimming pool, fish pond, or water park shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements.
(1) Private swimming pool. A private swimming pool, where in-ground or above-ground shall be permitted in any commercial, mixed-use or residential district as an accessory use provided that it complies with the following conditions and requirements:
A. Use. The pool shall be intended and used solely for the enjoyment of the occupants of the main use of the lot on which it is located.
B. The pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer than ten (10) feet to any lot line and shall not be closer to any frontage than a distance ten (10) feet greater than the setback required for a principal building.
C. The area of the swimming pool, exclusive of decks, walks, and other appurtenances, shall not exceed ten (10) percent of the area of the lot.
D. No lights, diving board, or other equipment or accessory shall project more than ten (10) feet above the average finished grade of the pool site.
E. A swimming pool shall be installed or constructed subsequent to and in conformance with the regulations of the Building Code and a permit issued by the Building Inspector. The Building Inspector shall not issue any permit for a swimming pool until he has submitted the application for a swimming pool to the Zoning Officer who shall determine compliance with the Zoning Code and issue a zoning certificate.
(2) Community or club swimming pool. A community or club swimming pool means any pool constructed by an association of property owners or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in any district, but shall comply with the following conditions and requirements:
A. A community or club swimming pool shall be intended and used solely for the enjoyment of the members, their families and guests, and guests of the association or club under whose ownership or jurisdiction the pool is operated.
B. A community or club swimming pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred (100) feet to any lot line.
C. A community or club swimming pool and all of the area used by the bathers, including all adjacent deck areas, shall be so walled or fenced as to prevent uncontrolled access by children.
(3) Fish pond, water garden. A body of water designed and used as a fish pond or as a water garden shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements.
A. Water depth shall not exceed twenty-four (24) inches unless enclosed by a fence forty-eight (48) inches in height with a locking gate.
B. Water surface area shall not exceed one hundred (100) square feet.
(d) Outdoor Storage. The following regulations shall apply to the approval and operation of outdoor storage as an accessory use:
(1) Outdoor storage shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty (50) feet to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten (10) feet of any road right-of-way. Such activities shall not occupy any required parking area or driveway;
(2) Any outdoor storage area located closer than one hundred (100) feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan;
(3) Illumination of outdoor storage areas shall be designed to prevent glare or direct light from the illumination source into residential areas;
(4) Outdoor displays shall be maintained in a neat and orderly fashion. Waste material shall be contained within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Board. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan;
(5) The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise or materials to be stored, and, if applicable, any seasonal changes of merchandise or materials;
(6) Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Planning and Zoning Administrator or the Board of Building and Zoning Appeals.
(e) Self-Store. The following regulations shall apply to the approval and operation of mini-storage facilities:
(1) All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by the Board in conformance with the supplementary regulations for outdoor sales, storage, or display;
(2) Loading and unloading areas shall be paved and shall be located only as approved by the Board;
(3) A minimum of five (5) parking spaces shall be provided near the leasing office. Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of the trucks, vans, trailers, and automobiles of persons using the units;
(4) An on-site leasing office shall be provided;
(5) Fencing of the perimeter shall be provided as determined by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals in a manner which promotes security and presents an appropriate appearance to abutting properties;
(6) A landscaped yard of at least twenty-five (25) feet in width shall be provided along any lot line of the subject site which abuts a residential area. This area shall not be covered by buildings, parking or drives;
(7) Door openings facing residential areas shall not be permitted unless approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals;
(8) Activities on the site shall be limited to the storage of property only. Other activities, such as the operation of tools, rummage sales, temporary residency, shall be prohibited unless specifically permitted by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals;
(9) Hours of operation shall only be as approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.
(f) Indoor Storage Facilities. The following regulations apply to the approval and operation of indoor storage facilities:
(1) A minimum of twenty (20) percent of the floor area of any structure proposed to be used as an indoor storage facility shall be used for other uses permitted within the respective zoning district, unless otherwise specifically approved by the Board on the approved site plan.
(2) All storage shall take place within an enclosed individual storage unit that is rented or leased on an individual basis. Storage shall be prohibited outside of the structure or within designated aisle areas with exception of vehicle and recreational vehicle storage areas clearly shown on the plan.
(3) A rental or leasing office shall be required to be located on-site.
(4) No more than one (1) external garage-door entrance shall be provided for each twenty (20) storage units within the structure.
(5) A landscaped yard of at least twenty-five (25) feet in width shall be provided along any lot line of the subject site which abuts a residentially zoned property. A reduction of this buffer may be approved by the Board if alternate means of screening are provided and specifically approved on the site plan.
(6) Caretaker/residential units are prohibited.
(7) One (1) parking space shall be located on the site for each seventy-five (75) storage units, in addition to other required parking for all other uses on the site.
(g) Childcare Centers. The following regulations shall apply to conditional use permits for childcare centers:
(1) No zoning permit or conditional use permit for a childcare center shall be issued for a lot that is within one hundred fifty (150) feet of any lot or parcel with an approved gasoline station use, or which is likely to generate noxious fumes or vapor.
(2) All outdoor play areas shall meet the minimum requirements outlined by the state agency with oversight of childcare centers. No play area shall be located adjacent to a loading space, loading dock or other area where vehicles are likely to idle. No play area shall be constructed in a manner that allows children access to any electrical or telecommunications box/vault.
(3) No childcare center shall be permitted to operate between the hours of 7:00 p.m. and 6:00 a.m. the following morning unless specifically approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals.
(h) Home Occupations. The following regulations shall apply to the approval and operation of a home occupation as an accessory use in a dwelling:
(1) No person who is not a permanent resident of the dwelling shall be employed in the home occupation;
(2) The home occupation shall be clearly incidental and subordinate to the dwelling use. No more than fifteen (15) percent of the floor area of all buildings on the lot shall be used in the conduct of the home occupation;
(3) There shall be no change in the outside appearance of the dwelling or lot, or other visible evidence of the conduct of the home occupation. No sign is permitted.
(4) The home occupation shall not generate traffic in greater volumes than would normally be expected in a residential neighborhood.
(5) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
(6) Prior to establishing a home occupation, the owner or occupant of the dwelling shall apply and receive approval for a zoning certificate from the Planning and Zoning Administrator.
(i) Pawnbrokering, Bookmaking, Betting, Adult Oriented Businesses. The following requirements shall apply to the approval and operation of pawnbrokering, bookmaking, betting, scheme/game of chance, massage establishment, body piercing establishment, tattoo establishment, adult bookstore, adult motion picture theater, adult video store: No such conditional use for these uses shall be conducted within one thousand (1,000) feet of the property line of any church, childcare center, public or private school, public library, public park lands, or any premises that sell or distribute alcoholic beverages.
(j) Gasoline Stations. The following regulations shall apply to the approval and operation of gasoline stations:
(1) Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved on the site plan. Parking and storage of vehicles not related to the principal use of the site shall not be permitted.
(2) Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved.
(3) Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of goods shall not be permitted on the site unless specifically approved in the conditional use permit and in conformance with the supplementary standards for outdoor display, storage, and sale.
(4) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals. Such screening shall be set back from residential districts at least ten (10) feet and landscaped according to the approved site plan.
(5) Fuel pumps and canopies shall conform to all requirements of this chapter with regard to height, setbacks, and signs.
(6) Air compressor pumps (e.g., for tire inflation) and other outdoor equipment shall be identified on the site plan and shall be located in a manner which minimizes noise impacts on residential areas.
(7) Curb cuts shall be limited to two (2) per site. On corner lots, curb cuts shall be limited to one (1) per street.
(k) Drive-Thru Service. The following regulations shall apply to the approval and operation of drive-thru establishments:
(1) Loudspeakers shall be located and designed, with volume and hours of operation controlled, in a manner to minimize noise impacts on nearby residential uses.
(2) Lanes required for vehicle access to and waiting for use of a drive-thru facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one (1) time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting streets and hazards to pedestrians. The Planning and Zoning Administrator or Board of Zoning and Building Appeals, as applicable, may require a traffic study which documents the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Code.
(3) The Planning and Zoning Administrator or Board of Zoning and Building Appeals, as applicable, may impose restrictions on the hours of operation in order to reduce inappropriate impacts on abutting uses and on street traffic and to ensure compatibility with normal vehicular activity in the district.
(4) The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.
(l) Solar Panels and Solar Panel Arrays. The following regulations shall apply to the installation of solar panels and solar panel arrays:
(1) Accessory use. A solar panel or a solar panel array, in each case, whether freestanding or roof mounted, shall be classified as a permitted accessory use in all zoning districts in the City, subject to the regulations set forth herein. Any solar panel or solar panel array shall be installed in accordance with all applicable building and electrical codes. Except as otherwise, provided herein, solar panels and solar panel arrays shall be installed and located in accordance with the zoning regulations for the base zoning district in which such panels or arrays are to be installed. A zoning certificate is required for freestanding solar panels or solar panel arrays only.
(2) Roof mounted solar panels and solar panel arrays. Roof-mounted solar panels or solar arrays shall be located in accordance with the following regulations.
A. Roof line. A roof-mounted solar panel or solar panel array shall not be located so that it extends beyond the roof line in any direction including above and beyond the roof peak.
B. Roof height projection. When located on a flat roof, solar panels or solar panel arrays shall not project vertically more than ten (10) feet from the surface of the flat roof. For purpose of this subsection, “flat roof ” shall mean any roof that is less than seventeen (17) degrees or 2/12 pitch.
C. Glare. Roof mounted solar panels or solar panel arrays shall not be positioned so as to create glare on to adjacent roads, buildings, lots, or rights-of-way.
(3) Freestanding solar panels and solar panel arrays. Free-standing solar panels or solar arrays shall be located in accordance with the following regulations.
A. Location. Freestanding solar panels or solar panel arrays shall not be located in front of any principal building and shall not project past the width of the principal building.
B. Height. The maximum height for any freestanding solar panel or solar panel array shall be the maximum height of an accessory structure in the base zoning district in which the solar panel or solar panel array is located.
C. Glare. Freestanding solar panels or freestanding solar panel arrays shall be located so as not to create glare onto adjacent roads, buildings, lots, or rights-of-way.
D. Lot coverage. The maximum lot coverage for any freestanding solar panel or freestanding solar panel array shall be ten (10) percent of the total lot area with the lot coverage being determined based upon the area of the face of the solar panels.
E. Screening. All freestanding solar panels or freestanding solar panels with a ground storage battery shall secure such battery with a secure cover.
F. Wind resistance. All freestanding solar panels and freestanding solar panel arrays shall be able to withstand velocities of no less than one hundred ten (110) miles per hour.
(4) Site plan. Any application for a solar panel or solar panel array under this section shall be accompanied with a site plan depicting the following items:
A. The location of the panels or panel array;
B. The height of the panels or panel array;
C. For roof mounted panels and panel arrays, an overhead view of the roof identifying all vents, chimneys, or other appurtenances, including vertical objects (e.g. trees), that may affect the location of panels;
D. For freestanding panels and panel arrays, a calculation of the lot coverage of the panels or panel array;
E. An indication of whether any freestanding panel or panel array has a ground storage battery, and, if so, how such battery will be secured;
F. The manufacturer cut sheet for the model to be installed; and
G. Such other information as the Planning and Zoning Administrator may determined to be necessary to evaluate compliance with this section and with the Zoning Code.
(5) Decommissioning. The Planning and Zoning Administrator shall be notified in writing by the owner of any previously permitted solar panel or solar panel array upon the permanent discontinuance of energy production, and panels and/or arrays shall be completely removed within nine (9) months of discontinuance of use and the affected area shall be fully restored to its preconstruction condition or better within three (3) months of the date of such removal.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
(a) In recognition of the quasi-public nature of cellular and/or wireless telecommunication systems, it is the purpose of these regulations to: accommodate the need for cellular or wireless telecommunications towers and facilities for the provision of personal wireless/cellular services while regulating their location and number in the City; minimize adverse visual effects of telecommunication towers and support structures through proper siting, design, and screening; to minimize the adverse impacts that telecommunication facilities may have on the health, safety and welfare of the public; to avoid potential damage to adjacent properties from telecommunication tower and support failure; and to encourage the joint use of any new and existing telecommunication towers and support structures to minimize the number of such structures. The following requirements shall apply to conditional use permits for wireless telecommunication facilities.
(b) Special Application Requirements. A site plan shall include the following:
(1) The total area of the lot;
(2) The existing zoning of the site and all adjoining lots;
(3) All public and private right-of-way and easements located on the lot;
(4) The location of all existing buildings and structures on the lot; all buildings or structures and uses within five hundred (500) feet of the tower site; and the proposed location of the wireless/cellular communication tower and all wireless/cellular communication support structures including dimensions, heights, and, where applicable, the gross floor areas;
(5) The location and dimensions for all curb cuts, driving lanes, off-street parking spaces, grades, surfacing materials, drainage plans, illumination of the facility, and landscaping;
(6) The location of all proposed fences, screening and walls;
(7) Any other information as may be required by the Board.
(8) A report prepared by a licensed professional engineer documenting the height, design, proof of compliance with nationally accepted structural standards, and a description of the tower’s capacity, which shall include the number and types of antennae it can accommodate.
(9) For the purpose of demonstrating the necessity for the erection of any new telecommunication tower, any applicant requesting permission to install a new tower shall provide evidence of written communication with all other wireless/cellular service providers who supply service within a one (1) mile radius of the proposed facility requesting use of the other providers’ towers for collocation of the applicant’s antennae. The contacted provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant’s letter(s) as well as the responses received shall be presented to the Board to demonstrate the need for a new tower.
(10) The applicant shall also provide evidence of written communication with owners of nearby tall structures within a one (1) mile radius of the proposed tower site, asking permission to install the wireless/cellular antennae on those structures. Tall structures shall include, but not be limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, other communication towers, and roadway light poles.
(11) The facility owner/operator shall present a maintenance plan demonstrating responsibility for the site.
(12) The applicant shall provide a copy of a permanent easement or appropriate leasehold estate providing for access to the tower site. The access to the tower sight must be maintained regardless of other development that may take place on the site.
(13) The communication company must demonstrate proof to the City that the company is licensed by the Federal Communications Commission (FCC).
(c) The following additional regulations shall apply to wireless telecommunications facilities:
(1) Wireless or cellular telecommunication sites shall be located at least two hundred fifty (250) feet from any residential zoning district.
(2) The setback between the base of the tower or any guy wire anchors and any property line shall be located a distance which is at least forty (40) percent of the tower’s height or fifty (50) feet, whichever is greater.
(3) The maximum height of a telecommunication tower shall be two hundred (200) feet. The maximum height of the equipment building shall be thirty-five (35) feet.
(4) Maximum size of an equipment building shall be seven hundred fifty (750) square feet.
(5) The minimum lot size and area restriction shall be the same as permitted for any other use in the Innovation Zone.
(6) A security fence eight (8) feet in height with barbed wire around the top shall completely surround the tower, the equipment building and any guy wires.
(7) Towers and antennae shall be designed to withstand wind gusts of at least one hundred (100) miles per hour.
(8) The tower shall be painted in a non-contrasting gray or similar color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(9) No graphics advertising is permitted anywhere on the facility.
(10) Buffer planting shall be located around the perimeter of the security fence as follows: An evergreen screen shall be planted that consists of either a hedge or evergreen trees that shall provide a minimum of seventy-five (75) percent opacity year round.
(11) The tower shall not be artificially lighted except to assure safety or as required by the FAA.
(12) Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.
(13) The owner/operator of any telecommunications facility shall design such facility so that additional service providers may add their antennae, platforms, and associated hardware to the structure at a later date. The owner/operator shall negotiate in good faith with other providers for the collocation of other service providers’ antennae at the facility, shall cooperate with the City in identifying other wireless/cellular service providers for the purpose of negotiating sublease agreements for collocation of other service providers’ antennae at the facility, and shall not interfere or hinder service providers from utilizing the facility.
(14) Where possible, an antenna or tower for use by a wireless/cellular service providers shall be attached to an existing structure or building. A new wireless communication facility shall not be erected if there is a technically suitable space for wireless communication facility available on an existing wireless communication tower or other suitable structure within the applicant’s search area. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing structure or that bona fide efforts to negotiate location on structures have been rejected.
(15) Any owner of a tower whose use will be discontinued shall submit a written report to the Planning and Zoning Administrator indicating the date on which such use shall cease. If at any time the use of the facility is discontinued for one hundred eighty (180) days (excluding any dormancy period between construction and the initial use of the facility), the Board may declare the facility abandoned. The tower owner and the owner of the property upon which the tower is located shall receive written instruction from the Board to either reactive the use within one hundred eighty (180) days or dismantle and remove the facility.
(16) If reactivation does not occur within said period, the City may thereafter proceed to move the facility and assess the costs of removal to the owner, as well as certify those costs to the County Auditor as a lien against the property.
(17) In addition to the foregoing requirements, the following standards, items A. through D., shall apply to wireless or cellular telecommunications facilities permitted on a property with an existing use:
A. The existing use on the property may be any permitted use or lawful nonconforming use in the Innovation Zone, and said use need not be affiliated with the wireless/cellular telecommunication provider.
B. The telecommunication facility shall be fully automated and unattended on a daily basis.
C. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
D. Subsequent to approval of a conditional use permit for a telecommunication tower, the owner shall submit building permit applications to the City for any additional antennae proposed to be placed on the tower. A new zoning certificate will not be required, unless the Planning and Zoning Administrator determines that such additions do not conform with the approved conditional use permit.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
In the SR, RM, and ORD-N, a structure may be converted to accommodate an increased number of dwelling units, provided that the proposed dwellings and lot conform with all requirements for new dwellings in the district, including the permitted number of dwellings, all yard and lot dimensions, floor area for each dwelling, and required parking spaces.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)
Loading...