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Waynesville, OH Code of Ordinances
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§ 153.258 LEGAL NONCONFORMITY.
   (A)   Any sign located within the village limits on the date of adoption of this chapter, or located in an area annexed to the village thereafter, which does not conform with the provisions of this chapter, is eligible for characterization as a “legal nonconforming” sign and is permitted.
   (B)   Restrictions for legally nonconforming signs:
      (1)   A nonconforming sign shall not be replaced by another nonconforming sign;
      (2)   Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs, and light bulb repair shall be allowed provided that the cost of the repairs or maintenance does not exceed more than one-half of the replacement value of the sign as determined by the Director. However, no changes in the size, shape, location, lighting, colors, or text shall be permitted except in conformance with this chapter;
      (3)   If a nonconforming sign is damaged to more than one-half of its replacement value as determined by the Director, or if structural repairs are required to the supporting structure of a nonconforming sign, then the entire nonconforming sign including any supporting structure shall be removed and shall not be repaired or replaced except in conformance with this chapter;
      (4)   Any nonconforming sign which is altered, relocated, or replaced shall comply with all provisions of this chapter as if it were a new sign; and
      (5)   Nonconforming signs made of paper, cloth, or other nondurable material, and any signs that are not affixed to a building or the ground or are located within a public right-of-way, shall be removed within 30 days from the effective date of this chapter.
(Ord. 96-152, passed 10-7-1996)
§ 153.259 REMOVAL AND DISPOSITION OF SIGNS.
   (A)   The Director may cause to be removed at the owner’s expense without notice any sign that endangers the public safety such as abandoned; dangerous; materially, electrically, or structurally defective; or a sign for which no permit has been issued; or a sign for which the permit has expired.
   (B)   The Director may cause to be removed at the owner’s expense any sign which is in violation of this chapter and not subject to immediate removal; provided, that a written notice of violation is issued which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten days after issuance of notice, the sign shall be removed at the owner’s expense and enforcement action initiated in accordance with § 153.261.
(Ord. 96-152, passed 10-7-1996)
§ 153.260 PERMITS, FEES AND INSPECTIONS.
   (A)   Every sign hereafter erected in any zoning district of the village shall require a permit and the payment of a fee as hereinafter stipulated.
   (B)   All signs not specifically allowed by § 153.253 shall be erected only after issuance of a permit by the Director.
   (C)   A sign permit shall be obtained and a sign permit fee paid whenever:
      (1)   A sign is erected where no sign existed before;
      (2)   A business changes signs after a change in business ownership;
      (3)   The size; shape; location; lighting; colors; or text of a sign is changed, whether for an existing business or a new business; and
      (4)   The sign is altered from the conditions specified in the original permit issued for the sign by the village.
   (D)   Every application for a sign permit shall include the following:
      (1)   Name and address of the owner of the sign;
      (2)   Street address or location of the property on which the sign is to be located, along with the name and address of the property owner;
      (3)   The type of sign or sign structure to be permitted, as defined in this chapter;
      (4)   A site plan showing the proposed location of the sign along with the types, locations, and square footage areas of all existing signs on the same premises;
      (5)   Specifications and scale drawings showing the materials, design, dimensions, structural supports, electrical components, and other pertinent design features and components of the proposed sign;
      (6)   An approved certificate of appropriateness from the Historic Preservation Board for properties located within a designated historic district; and
      (7)   Any other information the Director determines to be necessary for proper review of the sign permit application.
   (E)   Applications for sign permits shall be accompanied by a fee as established by Village Council (see § 153.045).
(Ord. 96-152, passed 10-7-1996)
§ 153.261 VIOLATIONS, PENALTIES AND APPEALS.
   (A)   (1)   If any sign is erected or maintained in violation of any of the provisions of this chapter, the Director shall provide written notice to the owner of such violation. This notice shall include a brief statement of the particulars in which this chapter is violated, the manner in which such violation is to be remedied, and a specified time in which remediation is to be made.
      (2)   If a sign has been registered with the Director, notice to the registered owner or to the person or firm receiving the permit shall be sufficient. If a sign has not been registered and the owner is not known, at least one publication of such notice in a local newspaper of general circulation shall constitute official notification of the violation.
   (B)   Upon failure to comply with an order of the Director within the time specified in the written notice and at the request of the Director, the Law Director of the village shall file an enforcement action against responsible parties in an appropriate court of law seeking penalties in accordance with § 153.999.
   (C)   Appeals from the ruling of the Director shall be made to the Board of Appeals in accordance with § 153.043(E).
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
LANDSCAPING AND SCREENING
§ 153.275 PURPOSE.
   The purpose and intent of this subchapter is the preservation and promotion of landscaping as a suitable and necessary aspect of land development, as a component of the village’s development character, as an important beneficial element of the microclimate through the provision of shade and as buffers, and to promote the public health, safety, and general welfare. It is further the purpose of this subchapter to promote the preservation and, when necessary, replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a buffer between certain land uses to minimize conflicts, and to protect, preserve, and promote the character of the village.
(Ord. 96-152, passed 10-7-1996)
Cross-reference:
   Village Tree Board, see § 95.02
§ 153.276 DEVELOPMENT STANDARDS.
   (A)   Nonresidential uses.
      (1)   All trees with a caliper of six inches or more shall be maintained and preserved as part of all nonresidential development. The location of all other driveways, off-street parking and loading areas, and all other improvements, including grading, shall be designed to avoid the destruction of any such existing tree defined herein. As part of an approved landscaping plan, any such tree may be replaced by a tree of like species with a caliper not less than three inches only under the following conditions:
         (a)   An existing tree will be located within a public right-of-way or easement;
         (b)   An existing tree is located within the area to be covered by a proposed structure or within 12 feet from the perimeter of such structure and such structure cannot be located in a manner to avoid removal of an existing tree at the same time permitting desirable, logical, and appropriate development of the lot;
         (c)   An existing tree will be located within a proposed driveway, off-street parking area, or other improvement and relocation of such improvement would not permit desirable, logical, and appropriate development of the lot; and
         (d)   An existing tree is damaged or diseased.
      (2)   In addition to the requirements for off-street parking areas, all nonresidential uses shall provide 20 square feet of landscaped area for every 1,000 square feet of building ground coverage area, or fraction thereof, and one-inch in tree caliper for every 1,000 square feet of building ground coverage. All areas of a lot not covered by buildings, structures, paving, or the landscaping required herein shall be covered by natural turf at a minimum. Tree planting requirements may be waived by the Planning Commission if the quantity of existing trees and their aggregate trunk sizes meet or exceed these requirements and are evenly distributed throughout the subject site.
   (B)   Multi-family perimeter treatment. For all multi-family residential uses, a 15-foot landscaped perimeter shall be provided where such development is adjacent to or abuts a residential zoning district or public right-of-way, excluding on-site access drives. Such landscaping shall include a combination of trees, shrubs, hedges, earth mounds, and other natural features. No more than 50% of natural landscaping material shall consist of turf.
   (C)   Off-street parking areas.
      (1)   Off-street parking areas for more than five vehicles shall be effectively screened on each side which abuts a residential zoning district or public right-of-way by a masonry wall or solid wood fence. Such wall or fence shall be no higher than four feet and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height. This division (C) shall apply to bed and breakfast inns regardless of the size of off-street parking area.
      (2)   All off-street parking areas shall provide one tree not less than two inches tree trunk diameter, measured at four feet from the ground, for every six parking spaces. All trees shall be balled and wrapped in burlap when planted. Planting beds for parking lot trees shall be constructed so as to minimize damage to trunks and roots of the trees from vehicles, pedestrians, and parking lot maintenance through the use of adequate soil planting area and curbing or parking blocks. Planting soil area per tree shall be a minimum of 16 square feet. The minimum dimension for the planting areas shall be four feet on one side. All trees shall be maintained in a healthy condition.
      (3)   Relative to landscaping within off-street parking areas and screening of parking area perimeters, for off-street parking areas equal to or larger than 2,500 square feet in total area or ten or more parking spaces, whichever is greater, minimum landscaping areas within the interior of the parking area shall be provided at the rate of ten square feet for every 1,000 square feet of parking area. No more than 50% of natural landscaping material shall consist of turf.
   (D)   Signs. In addition to the requirements of divisions (A), (B), and (C) of this section, a landscaped area totaling a minimum of 50 square feet shall be provided centered on the base of all freestanding signs and should be comprised of a variety of natural materials, such as turf, ground cover, shrubs, and hedges. Within the Limited Commercial Overlay District and Limited Residential Overlay District, the total amount of landscaped area shall not exceed 15 square feet once the off-street parking requirements have been met. No more than 50% of natural landscaping material shall consist of turf. Low maintenance plant materials should be utilized. A sketch plan drawn to scale and indicating plant material by type and quantity shall be provided with the application for a certificate of zoning compliance.
   (E)   Screening of service courts and loading dock areas. All areas used for service, loading, and unloading activities shall be screened along the entire lot line if adjacent to or abutting a residential zoning district or public right-of-way. The requirements of § 153.277(F) shall apply.
   (F)   Screening of trash container receptacles. For all non-single-family residential uses requiring trash container receptacles, such as dumpsters, all such containers or receptacles shall be enclosed on all sides by walls or fences with an opacity of 100% and a minimum height of six feet. Such containers or receptacles, when located adjacent to or abutting a residential zoning district, shall in addition be landscaped on all sides visible from such districts by shrubs and hedges with an opacity of 75%. Trash containers and receptacles shall be located behind the building line and shall be located to the rear of nonresidential uses. Trash containers and receptacles shall conform to side and rear yard setback requirements and for nonresidential uses adjacent to a residential zoning district such containers and receptacles shall be located no closer than 25 feet to any property line.
   (G)   Significant trees. All significant trees as defined in this chapter shall be protected and preserved to ensure that the value provided to the village and its citizens by the cultural, historical, biological, or horticultural significance of any tree is continued into the future.
(Ord. 96-152, passed 10-7-1996)
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